Certain Aspects of the Legal Consciousness of Students in the Higher Grades

The cultivation of a socialist legal consciousness has been elevated in our country to a goal for the people and state as a whole. In the decisions of the Central Committee of the CPSU, the Presidium of the USSR Supreme Soviet, and the USSR Council of Ministers on intensifying the struggle against crime (July 1966), it was proposed that the prevailing legislation, the rights and duties of citizens, and the role and significance of agencies of the courts, the procuracy, and the militia be explained systematically and purposefully.     

Court Order No. 7, USSR Supreme Court Plenum,July 3, 1963

A decree of the Presidium of the USSR Supreme Soviet of February 15, 1962, "On Increasing Responsibility for Attacks on the Life, Health, and Dignity of Militia and Volunteer Public-Order Personnel," established responsibility for malicious failure to obey a legal order or demand of militia and volunteer public-order personnel, for insulting them, for resistance to them, and for the use of force and threats against such persons. The decree also increased the criminal responsibility for attacks on the lives of militia and volunteer public-order personnel in conjunction with their official or volunteer duties in the maintenance of public order.     

Law of the Russian Federation "On Countering Extremist Activity" (as amended by Federal Laws No. 148-FZ of July 27, 2006; No. 153-FZ of July 27, 2006; No. 71-FZ of May 10, 2007; and No. 211-FZ of July 24, 2007)

The head of the Ministry of Internal Affairs (MVD) Chief Directorate of Internal Security names the sore points in relations between society and the police.

The personnel purges that took place in the MVD system in 2011 rid the police of "ballast" and united the ranks of honest policemen-head of the MVD Chief Directorate of Internal Security Iurii Draguntsov declared on Monday. In his opinion, the ministry succeeded in conducting an effective purge and in "infusing new blood." However, a representative of the independent [militia] trade unions is not in full agreement with this.     

Criminal Justice in Soviet Russia

Compared to American criminal justice, the fabric of Russia's system is a tightly woven structure operating under centralized co-ordination. During recent history, the goals of Russia's criminal justice system have shifted from repression by terrorism to crime prevention through education and an emphasis on individual duty in peace-keeping matters.

The militia (police), created in 1917, has been mandated to prevent crime through intelligence activities, direct intervention, and citizen education. In 1966, it was given the responsibility for the supervision of offenders newly released from correctional institutions. Peoples Volunteer Brigades and the DRUZHINNIKS aid the militia in crime prevention.

The courts also make use of non-professionals in the persons of lay assessors to insure that the accused is judged by his “peers.” The court system itself is inquisitorial in nature as opposed to the American accusational model. As the accused person moves through pre-trial and trial procedures, one can see how his “rights” may be legally abridged at every step.

Russian courts have a variety of sentences from which to choose, ranging in harshness from public censure to death by shooting. Deprivation of liberty may be applied by degree from “education” to compulsory labor to strict incarceration. The Soviets are attempting an organized plan of diversionary sentencing, in order to reduce prison populations to all but the most dangerous offenders.

Correctional facilities depend on inmate commissions to keep order and motivate good behavior through group influence and peer pressure. Inmates as well as civilians have “a national duty to mind other people's business.”

In the United States, justice is fragmented into a variety of jurisdictions: municipal, county, state, and federal, each with its own law enforcement agencies, courts, and correctional agencies. Further, there is only limited coordination among the various segments of the system. There is little argument to the proposition that the American “system” of criminal justice is inefficient.

Unlike America's disjointed system, the Russian Criminal justice system is unified; militia (police), procurators (prosecutors), courts, and correctional facilities operate under a centralized coordinating body. This body is characterized by a unity of purpose and a high degree of systemic integration (Juviler, 1979, p. 1).     

论警察战术权机制的社会适应性

警察战术权源于前苏联《犯罪侦查学》兴起过程中创造性智力成果之侦缉措施为主要内容的机制需要,其机制生成具有在计划经济时期进行侦查行动和侦缉措施时的适应性。当代中国警务在构建创新型社会过程中须认真对待警察战术权的社会适应性问题,既要选择适宜其社会稳定的警察战术权机制,也要改善适宜其机制运行的社会基础,因而实践中应正确认识警察战术权的私权属性、公法调整及其保护强弱等问题。     

Educational tracking and juvenile confidence in the police in China

Juvenile confidence in the police (JCP) has become an important research topic in policing. In spite of an increasing amount of research literature on JCP, the influence of educational tracking especially vocational tracking on juveniles’ confidence in the police has received limited scholarly attention. Extant literature suggests a noticeable difference in family backgrounds, attitudinal perceptions, and problematic behaviours between vocational school students and regular high school students. Using the survey data of 3628 students collected from these 2 distinctive segments of educational tracking in a southwestern Chinese city, this study examines if and how youths in vocational schools perceive the local police differently from their regular high school counterparts. The findings indicate that vocational school students had more confidence in the police than their regular high school peers. In addition, school contexts played a significant role in shaping their respective attitudes toward the police. Implications of these findings are discussed.     

The Control of Police Powers

This article points to a frequent feature in debates about the control of the police. Aside from cultural and political characteristics in the last decades, policing has changed and at present it is going through a stage of rapid change. The author defines the historical roots of police in democracies. He places the police within the framework of the sovereign state, the administration, the judiciary and the citizens. The state's control of police powers is described in its interdependency with new demands on the part of citizens regarding micro (domestic sphere/neighbourhood/community) and macro (urban sphere/state/European) levels. On a European scale, the article provides an oversight over the existing network consisting of internal, administrative, parliamentarian, judiciary, and civil (non-government/social movements) control agencies and mechanisms. In its conclusions the concept of ethical standards is introduced as a means of effective high-quality police management.     

Black and Blue Bloods: Protecting Police Officer Families from Domestic Violence

Officer‐involved domestic violence (OIDV) is a national problem, with police officer families having higher rates of domestic violence than non–police officer families. OIDV is also an underresearched problem with few studies or proposed solutions. Many victims of OIDV do not report their abuse precisely because their abuser is a police officer, whom they fear is in a unique position to protect him/herself from any legal consequences. Often, OIDV complaints are not investigated properly in a nonbiased manner. While a handful of police agencies around the country have developed specific policies and procedures to deal with OIDV, Washington State has enacted legislation that requires its police agencies to adopt OIDV‐specific policies. The International Associations of Chiefs of Police (IACP), an organization that addresses various issues confronting law enforcement, has also developed a model policy on OIDV. This Note proposes that, in light of the Washington legislation and the model policy proposed by the IACP, each state should enact a statute that requires its police agencies to develop policies on OIDV. This Note also outlines a specific set of procedures that such statutes should, at a minimum, require its police agencies to adopt, ranging from educating police officers on domestic violence to developing guidelines on responding to and investigating OIDV complaints.     

Command-level Police Officers’ Perceptions of the “War on Cops” and De-policing

Policing has been the subject of intense public scrutiny for the better part of two years after several high-profile police killings of unarmed African Americans across the United States. The scrutiny has been so extreme that some contend there is currently a “war on cops”—whereby citizens are emboldened by protests and negative media coverage of the police, and are lashing out by assaulting police officers more frequently. In response, it is argued that officers are de-policing (i.e. avoiding proactive stops). We surveyed command-level police officers from a southeastern state about their attitudes concerning the war on cops and de-policing. The majority of our sample believed there has been a war on cops over the last two years. Moreover, officers who felt strongly about the existence of a war on cops were more likely to believe that de-policing is common among officers in today’s world of law enforcement.     

Governance and accountability in community policing

Community policing presents its own distinct governance and accountability challenges. Local community police officers, for example, can find themselves stretched between the accountability demands of the local community and those flowing from professional, managerial and central government sources. Drawing on the results of a recent ethnographic study on neighbourhood police officers in rural and urban areas in the Netherlands, this article probes the nature and extent of these tensions and the coping strategies deployed by the officers in question and the police organisation as a whole. It finds that a regular strategy is to neutralise or marginalise the voice of the local community in shaping police priorities and strategies. Local democratic control of the police is often smothered by the competing professional, managerial, cultural and central government forces. This, in turn, has the effect of putting distance between police offices and citizens, and even creating a demand for the engagement of private sector patrol officers who are more responsive to the needs and wishes of the local community.     

Experts: On the Procedure for Recertifying MVD Personnel

The period allotted for the certification of policemen expires on August 1. The law "On the Police," signed by President Medvedev in February 2011, stipulated that the militia was to be renamed the police and that all MVD personnel, including the highest ranks, were to undergo recertification. As a result, according to minister of internal affairs Rashid Nurgaliyev, 327 generals have remained in leading positions and 21 have failed the test. Another 143 members of the generals' corps have left the MVD on grounds of age or at their own request.     

Overseeing Criminal Justice: The Supervisory Role of the Public Prosecution Service in China

The Chinese public prosecution service, the procuracy, is modelled on the Soviet Union system and has been accorded the controversial function of supervising other legal institutions in the criminal justice system. Drawing upon my own empirical data on the prosecution of crime in China, this article critically examines the way the power of supervision operates from an internal perspective. It argues that the power of supervision has been used as an institutional asset to secure the interests of the procuracy by analysing its oversight of police investigations and court decisions, the way prosecutors perceive themselves, and the efficacy of the supervision in a comparative context. The current status of the procuracy dictates that it is unable to undertake the role of supervision to safeguard the criminal process.     

How national security considerations affect technology transfer

The transfer of United States high technology to the Soviet Union shows that, contrary to many assumptions, international transfer of technology can heighten national rivalries and increase military tensions. Many advanced technologies have important military applications. The Soviet Union has acquired much such technology from the west and then has used it to strengthen Soviet military capabilities vis-a-vis the west. This approach to international technology transfer supports general Soviet priorities in science and technology, which emphasize military power rather than international commercial competitiveness or domestic social welfare. The United States and its allies have responded by sharing militarily applicable technology among themselves while denying its export to the Soviet bloc. As of September 1988, neither the Soviet policy of glasnost nor progress in the US-USSR arms control negotiations seems to have changed the primarily military bent of Soviet policy on technology transfer. Sumnner Benson, Ph. D. deputy director for Technology Cooperation and Security in the Office of the Secretary of Defense and is senior assistant to the director of the Defense Technology Security Administration     

关于警察职业倦怠现状的调查

从湖南各地市随机抽取681名警察进行问卷调查,目的在于了解警察的职业倦怠状况,以期为预防和干预警察职业倦怠提供现实依据。结果发现：从整体看,湖南省警察情感耗竭达中等程度,人格解体程度较高,成就感低落也较高。在人口统计学变量上,不同文化程度和不同婚姻状况在职业倦怠三个维度上无显著性差异;男女警察在情感耗竭和人格解体上达到极其显著性差异;不同来源的警察在人格解体维度上达到显著差异;不同警种的警察在情感耗竭上达到显著差异;不同年龄的警察在人格解体上达到了非常显著的差异;不同职务的警察在情感耗竭和成就感低落上达到非常显著的差异。     

Using the state to change society: The example of ‘domestic violence’

North American research on the policing of ‘domestic violence’ has been very influential among policy makers in Great Britain. In particular, research which purports to verify the deterrence value of arrest has prompted the establishment of over thirty domestic violence units in London and similar initiatives elsewhere in Britain. The paper will outline the nature of the traditional police response to ‘family violence’ in London and the nature of the experimental innovations. Changes in police practice with regard to this type of violence will be put in the context of the organizational constraints and possibilities of policing. Finally, changing police responses to domestic violence will be evaluated in terms of the debate over the possibility of using the state or its organs to achieve social change.     

The Russian mafia: Expulsion of law

The purpose of this paper will be to determine whether the conditions that exist in present‐day Russia are congruent with Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control, which go beyond the state and its apparatuses, and that law plays an increasingly subordinate role within contemporary disciplinary society. I will also see what conclusions can be drawn from the Russian‐Soviet case that are relevant to evaluating the paradigms supplied by Foucault in deciphering the modalities of power in the modern world. In what sense can he help us understand how discipline and law in Imperial and Soviet Russia created the necessary conditions for the emergence of the Russian Mafia? Law has been transformed in the hands of the Russian Mafia and has expanded its spheres of influence rather than being displaced. The conditions that exist in present‐day Russia can be applied to Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control which go beyond the state and its apparatuses. But it is not the case that law plays an increasingly subordinate role in present‐day Russia. Rather, it is no longer controlled by the sovereign power of the monarchy or by the Soviet state and its apparatuses, but is now predominately controlled by the Russian Mafia.     

Russia and Ukraine: Transition or tragedy?

Conclusion The political-criminal nexus that emerged in the post-Soviet period represents a transformation of the relationships which existed in the Soviet period. The division of the property of the Soviet state gave ample possibilities for the political-criminal nexus to obtain significant political assets. They were able to transform their power from one that was rooted in the managerial apparatus of the Soviet state and the consumer economy into one with international dimensions and control of very large shares of the domestic economy. The rise of the political-criminal nexus, while hardly surprising in light of the structure of power relations in the final decades of the Soviet period, precludes full democratization or the rise of a real market economy. In the initial years of the transformation process from a socialist to a post-socialist economy, insufficient attention was paid to the containment of the political-criminal nexus in both Russia and Ukraine. Most Western politicians and international organizations focused on the collapse of communism rather than the rise of these pernicious alternative power relationships. The prognosis for the containment of the political-criminal nexus in either country is rather limited at the moment. Ukraine, however, is at a comparative disadvantage because it has failed to sufficiently acknowledge the high costs of organized crime and its political links. This has been done at the highest levels of Russian government although precious little has been done to address the problem. The Ukraine situation is more difficult because its institutional resources are much more limited than Russia which inherited a disproportionate share of the Soviet Union's financial and institutional resources. With limited civil society and the economic precariousness of much of the population, little can be done to control the problem at its roots. The political-criminal nexus in Russia and Ukraine will remain a serious problem in coming decades. It cannot be ignored in appraising the development of the domestic political situation in either country or determining foreign policy in relation to these two newly independent states.     

Policing the deinstitutionalized mentally ill: Toward an understanding of its function

Although the police have long been recognized as a community health resource in the United States, this role has expanded significantly over the past several decades as a result of the deinstitutionalization movement. From a critical perspective, this article provides an analysis of the relationship between this enlarged police role and the current American socio-political order, in general, and the welfare state in particular. It is argued that in the course of handling the mentally ill the police carry out a number of functions for both the welfare state and the socio-political order, and in doing so, shore-up the social conditions which have inhibited the development of a positive, long-term care policy for the mentally ill. This article discusses three such functions and identifies an alternative social arrangement; one in which the police would not have to serve as a support for liberal-capitalism and its attendant inadequate welfare state.     

Police stress: A conceptual overview

Over the past decade, a sizeable body of literature has developed that examines police stress from a variety of perspectives. The vast majority of the literature is anecdotal in nature and that which is based on research is often inconsistent. As used in the literature, the term stress has widely differing meanings and its measurement has ranged from the artful to the sublime. But of greater importance than the measurement issue is the necessary complexity of any model that attempts to deal with the interrelationships thought to exist between stress and other factors.The variety and complexity of individual differences and the interplay between environmental conditions and the person's unique perception of both objective and subjective situations obscures any simple relationships.The purpose of this note is to examine the nature of stress, its sources and consequences among police, and to identify gaps in the conceptual model within which police stress is normally viewed.     

Symbolic power and police legitimacy: The Royal Ulster Constabulary

In the following discussion we approach the issue of police legitimacy inNorthern Ireland through Habermas's theory of legitimacy and the shiftinglocus of conflict from the economic to the cultural sphere. It is argued thatthe cultural sphere is often a major site of conflict in divided societies suchas Northern Ireland. The process of economic globalisation – a crucialfactor in the emergence of identity based movements elsewhere – has hadthe effect of intensifying conflict over identity and its symbolicrepresentation. The debate on the reform of the RUC in the wake of thePatten Commission Report has focused principally on the recommendationthat the symbolism of the police be changed. Although this conflict oversymbols condenses the central problem of the exclusion and misrecognitionof nationalists it also has the effect of distracting attention from the moreuniversal theme of the Report: the relationship between citizens, police andthe state.