民警警察意识与人权意识研究

警察有效地执法与人权保障之间的关系,常呈现出复杂的心态,一方面我们强调警察工作能在人权保护上起到第一道防线的作用,另一方面有的人又认为,尊重人权在一定程度上有时与执法相对立,甚至简单地认为执法就是对罪犯开展的战争。因而民警这一职业群体对警察权、人权以及两者关系的意识状态就显得至关重要。通过对民警职业群体的警察意识与人权意识的研究,期望能较为客观地呈现警察权意识教育以及重人权保护教育的现状,并对其的改进和完善进行深入的探讨。     

New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.     

Florida’s task force approach to combat human trafficking: an analysis of county-level data

Abstract

Since emerging in the USA during the 1990s, the multi-agency task force has become the preferred organizational structure for enforcing human trafficking laws and providing assistance to victims. These task forces often work across county lines and typically include law enforcement agencies, as well as social service and non-governmental organizations. The effect of collaborations with other types of agencies on law enforcement’s human trafficking arrests is unknown. County-level arrest data for human trafficking first became available through the Federal Bureau of Investigation in 2014. In this paper, we present findings from county-level analyses with human trafficking arrests in the State of Florida as the dependent variable. Independent variables include the presence of a task force, sociodemographic characteristics, tourism measures, and police officers per capita. The strongest predictor of human trafficking arrests is the presence of a task force.     

The enforcement of anti-human trafficking law in South Africa: a case of an aircraft without a pilot

This article evaluates the effectiveness of current law enforcement efforts in combating human trafficking in South Africa. Based on a broader empirical doctoral study, it was discovered that as currently structured, the South African Police Service (SAPS) cannot be effective in the enforcement of anti-trafficking law in the country. Combating human trafficking among other things, requires a formidable law enforcement agency that is explicitly proficient in the modus operandi of the crime; the sophisticated cum dynamic nature of the forces and factors that fuel the illicit trade in a vacillating milieu. Unfortunately, academic writings on this observable position in South Africa are scanty. Therefore, an article of this nature is not just timely but urgent. Findings from the study (among others) revealed that a wide-gap exist in the capacity of the SAPS, and other relevant stakeholders, to enforce anti-trafficking law in the country. Hence, it was recommended that for a result-oriented approach, South Africa needs to establish a specialised law enforcement agency distinct from the regular police structure to enforce anti-trafficking law in the country.     

论法治理性视野下警察执法和谐的构建

以法治理性的价值判断和价值选择审视和优化警察执法环境,是坚持以人为本、以自由秩序原则和民主法治精神构建警察执法和谐的关键所在。以自由秩序原则和民主法治精神构建警察执法和谐是法治理性的基本要求;尊重和保障人权是警察执法和谐的真谛;体现法治理性的宽容精神是警察执法和谐的需要。警察执法和谐呼唤体现法治理性的积极守法精神。培养积极守法精神对于促进公民理性守法,警察理性执法,实现警察执法效益的最大化以及构建和谐社会都具有重要意义。     

You can lead a horse to water …: A case study of a police department's response to stricter drunk-driving laws

We present a case study illustrating the complexity of the process that determines how vigorously local police agencies enforce recent drunk-driving laws. Police enforcement practices are influenced most strongly by the play of local factors in a system of “games.” The local forces exerting greatest influence are 1) the local demand for drunk-driving enforcement, 2) the police leadership's priority for DUI enforcement, 3) the police leadership's capacity for command and control of the organization, and 4) the disposition of the local police culture regarding drunk driving and related work issues. In “Melville,” the study site, there is little external demand for drunk-driving enforcement, and police management tries to suppress it while making only symbolic gestures of support. Management's capacity to control street-level enforcement practices is limited, however, and a small cadre of officers generates a disproportionate number of arrests for personal financial gain (bounty), giving the department a much higher arrest rate than the department desires. Thus Melville's responsiveness to the state's drunk-driving law is not due to external political pressure or formal policy, but rather to the inability of local authorities to impose their will on street-level practices. Melville's case suggests that the degree to which police implement a new criminal law may be entirely independent of efforts to ensure political accountability and organizational control.     

Police civil liability for inappropriate response to domestic assault victims

Over the last several years, the criminal justice system has encouraged survivors of domestic abuse to report their victimization to law enforcement authorities. While some pieces of evidence suggest that police are more sensitive to the plight of domestic survivors, law enforcement response remains incomplete and problematic. This article explores this issue, focusing on police civil liability for inappropriate response to domestic violence. It discusses a specific legal remedy—the equal protection clause of the Fourteenth Amendment—highlighting the circumstances under which police are held liable when they fail to prevent victims' injuries because of their inappropriate response to domestic violence. The article concludes that police need more training and education on family abuse so they can become more responsive to victims of domestic violence.     

Human trafficking and criminal investigation strategies in the Amsterdam Red Light District

The subject of human trafficking has recently received a lot of attention from society and the world of politics. The criminal-law approach to human trafficking has also been placed high on the agenda of law enforcers. Human trafficking is, however, a complex crime with several specific characteristics. For example, there is often a complex relationship between victims and perpetrators of human trafficking and victims are often too afraid to file a report. How do the police and the judicial authorities work in the investigation of human trafficking in view of the specific characteristics of human trafficking? What choices are made in practice and what different police investigative strategies can be distinguished? What opportunities and risks are inherent in the choices made? In this article we answer these questions on the basis of four large scale police investigations into human trafficking that we studied closely. The four criminal cases all focused on violent groups of human traffickers that operated in the Amsterdam window prostitution. All criminal cases have since been concluded (in first instance). It turned out that in each of the four investigations the relevant police team applied a different investigative strategy: one investigation focused primarily on the victim statements, one investigation focused on public nuisance, one investigation focused on the evidence against the criminal organisation and one investigation focused on the offences (evidence concerning the exploitation of prostitutes). In this article we compare the four strategies applied and consider the consequences of each strategy for the course of the investigation and the criminal prosecution and what dilemma’s are faced in each strategy. Although the various investigations cannot be easily compared and a uniform ‘best’ strategy cannot be designated, the comparison does show that some choices or decisions entail great opportunities or great risks as regards the successful investigation and prosecution of human trafficking. It concerns, for example, the choice of involving local investigative services (district police) or the choice for short-term or, as the case may be, longer-running investigations.     

基于派出所法律实施的基层社会治理法治化——以浙江K派出所为例

改革开放三十多年来,"严打"、"普法"、"社会治安综合治理"以及"社会管理综合治理"等方式可以看作是国家对基层社会进行治理的探索.十八届四中全会提出"推进基层治理法治化"吹响了全面依法治理基层社会的号角.作为拥有执法人员数量最多的基层执法机构,处在社会矛盾解决第一线的派出所的法律实施依据、方法和技术理应为基层社会治理提供法治资源和法治路径.浙江省K派出所的案例、做法和制度有力地诠释了派出所的法律实施契合基层社会治理.派出所法律实施所展现出来的四大法治功能是推进基层社会治理法治化的桥梁.派出所应从人口管理、行政执法、刑事司法、服务社会、走群众路线、严格遵守程序原则和善于运用非正式制度性因素等方面来为基层社会治理法治化提供理念支持和行动榜样.     

Strategies and practical measures to strengthen the capacity of prosecution services in dealing with transnational organized crime, terrorism and corruption

This article reviews several issues and challenges affecting the capacity of prosecution services to successfully prosecute organised crime, corruption and terrorist activities. It emphasises the need for a substantially enhanced capacity of prosecution services to investigate and prosecute serious crimes and examines some promising strategies for building or strengthening that capacity. Modern prosecution services, with their emphasis on sound case management practices, strategic planning, performance based standards, effective use of modern technologies and sustained cooperation with other law enforcement agencies, both domestically and internationally, are indeed very different from their predecessors.     

警察武力使用的困惑与教学训练的反思

使用武力是人民警察自卫和打击、制服犯罪分子、犯罪嫌疑人的强制措施和保障生命安全的必要手段。然而,在警察执法实践中,思想观念陈旧,安全意识、法律程序意识乃至人权意识淡薄,违法使用武力、使用武力过当造成的伤害事例时有发生。因此,改变观念,强化法治意识,强化警务技能与战术训练,建全法律保障制度势在必行。     

Whatever Gets you Through the Night: Officer Coping Strategies after the High-Profile Line of Duty Deaths in Dallas and Baton Rouge

The policing profession has recently experienced events that affected officers across the nation. Several high-profile cases involving police and members of minority communities intensified the tensions among these groups. Amid public criticisms of policing, law enforcement officers have become targets of attacks. Multiple cases of officer ambushes and assassinations have further troubled the already stressful occupational position of law enforcement. This study investigates what coping strategies officers used after the deadly attacks on police in Dallas, Texas and Baton Rouge, Louisiana that occurred in July, 2016. We also investigate how the coping strategies used affects job motivation among officers. Our findings suggest officers turned to three coping strategies: support networks, stoic self-help, and self-medication. These coping strategies were found to be ineffective mechanisms for protecting officer job motivation; however, some strategies adversely affected motivation more than others. Understanding how officers are coping and why effective strategies are not being employed adequately is imperative for both the safety of officers and the public.     

“警察人性化执法”刍议

警察人性化执法,是指警察在执法过程中,在依法保障当事人合法权益的前提下,依照法定的职权和法定的程序,改变执法观念和执法方式,以人为本,实现执法公正的一项专门活动。在警察人性化执法中,严格执法是前提,依法保障当事人的合法权益(包括警察自身的合法权益)是核心内容,人文关怀是方式,实现执法公正是终极目标。而"懦弱执法"、"人情执法"、"不平等执法"和"首次不罚"的执法都不是警察的人性化执法。警察人性化执法实现的途径主要有三:一是完善公安法律制度;二是提高人民警察自身的素质;三是加强监督,从严治警。     

The organizational values of law enforcement agencies: The impact of field training officers in the socialization of police recruits to law enforcement organizations

This article examines how the values communicated by Field Training Officers (FTOs) influence the behaviors of police recruits to conform to the norms of the police culture. Analysis and interpretation of the written responses of police recruits to a program evaluation form in a police department located in the western United States were used to identify the explicit and implicit values that were communicated during the Field Training Program (FTP). The findings of this study indicated that although positive explicit values were communicated during the FTP, several potentially negative implicit values were also communicated to police recruits. Consequently, the perceived status of the FTO is an important factor in police recruits learning job-related values. Recommendations are made for developing effective leadership strategies for bringing greater levels of congruency between the explicit and implicit values of law enforcement organizations that are communicated to police recruits during the training process and organizational socialization. Author Note: Wade Engelson is a lieutenant with the Fresno Police Department. He has been with the department for 12 years and is currently assigned as the Commander of the Special Investigations Bureau. He holds a Bachelor’s degree in Business/Economics and a Master’s degree in Public Administration from California State University, Fresno. He holds a Doctorate in Educational Leadership from the University of California, Davis/California State University, Fresno Joint Doctoral Program. He has taught in a variety of settings and has published articles in the fields of sexual harassment, organizational socialization, tactics, and training issues. His research interests include leadership issues, organizational socialization, and the hidden curriculum of organizations.     

民商法在公安执法中的地位研究

民商法的平等、权利保护、诚信等基本原则对树立人民警察的执法理念具有重要作用,对维护人民警察自身合法利益也具有重要意义。现在,公安机关在具体执法工作中愈来愈多地应用民商法知识。因此,研究民商法在公安执法工作中的地位,有助于扭转以往公安工作重刑轻民的传统观念,提高警察的素质,更好地发挥人民警察的作用。     

Afterward: Law Enforcement Response Strategies for Criminal-states and Criminal-soldiers

Criminal-states and Criminal-soldiers are two interrelated threats that challenge order and stability at local, national, and potentially global levels. Policing and law enforcement are essential to securing the conditions necessary for stable governance and preserving the rule of law. Law enforcement and police services play key roles in ensuring community stability. They also control and contain criminal threats, protect individual liberties, and enable other political and diplomatic processes to function. This afterward examines the role of police and enforcement agencies in countering the threats posed by criminal-soldiers in order to prevent the establishment or spread of criminal-states.     

Correlates of the endorsement of two competing policing styles among police cadets in China

ABSTRACT

The purpose of this study is to investigate police cadets’ endorsement of the law enforcement style and the community policing style of policing at a time when both styles of police practices have received significant attention in China. The data used in the analysis were collected from a national police university in China featuring a large sample of 900+ cadets. The first research objective concerns the dimensionality of sentiments toward the two styles of policing among police cadets. The second is the identification of key factors associated with these styles. The principal findings are that police cadets do see the law enforcement style and the community policing style as two distinctive conceptual dimensions. Moreover, different factors are associated with endorsement of each of the two styles of policing. Policy implications of these findings are discussed in some detail.     

Confidently Wrong: Police Endorsement of Psycho-Legal Misconceptions

Public beliefs about psychological issues relevant to the legal system have been demonstrated to often be misconceived, but the endorsement of such beliefs in law enforcement samples is largely unknown. This study was the first to compare psycho-legal beliefs between law enforcement officers and the general public in the UK. Participants were presented a 50-item questionnaire measuring five psycho-legal topics; police procedures, courts, tough on crime, mental illness, and memory and cognition. Despite direct involvement and relevant experience, law enforcement officers endorsed just as many empirically contradictory beliefs as those who were not law enforcement officers. Further, law enforcement officers were more confident in their responses. This research has implications for identifying areas of limited knowledge within police samples that can be targeted by police education.     

A Review of “Taking Back Eden: Eight Environmental Cases That Changed the World”

Abstract

The biological aspects of illegal harvests of threatened wildlife are outlined. It is shown that local agriculturalists are beneficiaries of illegal harvesting and that competition from agriculture exacerbates the extinction risk. Illegal harvesting of wildlife is driven by the profitability of the exercise, but law enforcement activity can deter poaching by reducing the associated expected profits. Law enforcement may be unable to limit illegal harvesting to levels threatened populations can sustain as a result of perverse consequences or strategic responses by poachers to law enforcement activity. Poaching activity is sensitive to the beliefs of participants about future prices and the availability of wildlife. Erroneous beliefs result in price collapses being observed. Integrating legal markets with increased local control of wildlife and punitive law enforcement strategies may be the most effective and efficient means to constrain illegal harvests.     

The Nature and Extent of Conservation Policing: Law Enforcement Generalists or Conservation Specialists?

Little is known about law enforcement agencies with responsibility for fish, wildlife, and natural resource protection. Traditional conceptions of fish and wildlife police associate these officers almost entirely with fishing and hunting activities. The relative scarcity of academic literature regarding fish and wildlife police agencies results in a lack of understanding about their role in the criminal justice system in general. The current study seeks to contribute to the limited existing literature by examining conservation policing in Florida, a state not yet studied in this context, by analyzing some 2,910 field events. Findings indicate that officers devote a considerable portion of their attention to traditional law enforcement activities in addition to the type of enforcement customarily associated with fish and wildlife law enforcement.