...qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwer...
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...Introduction ‘Quis custodiet ipsos custodes?’- The Satires of Juvenal Over the years, the New South Wales police have received expanded powers through a raft of legislative amendments. It is evident that in dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace...
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...POLICE AND CRIME PREVENTION IN NIGERIA Akintunde Kabir Otubu ~ Sunday A. Coker Introduction The importance of law and order to orderly development and growth of a society, both in the physical and economic sence, cannot be over emphasized. It is only a mind that is secured and at peace that can rationally address the issues of procreation, economic development and societal growth. A disturbed mind is a restless and distraught personality. It is therefore imperative to have peace and order in the society to assure its growth and development. The role of law enforcement in the maintenance of peace and order in the society is a foregone conclusion. Every man by nature is selfish and self-centred;1 in most case he needs the presence of the state institution of law enforcement to be able to act right and just. Studies in anthropology and law show that however one goes back into the history of a people, one would find regulatory rules of conduct and mechanisms for enforcing these rules. The evolution of these mechanism has taken different shapes in different settings, depending on the political, social and economic stages of development of the people concerned.2 Thus irrespective of the people, state or nation concerned, the presence of law enforcement agencies in the body polity of the state is a sine qua non for safety of lifes and properties in a state. The place of the police in the scheme of things with respect to law enforcement cannot be over emphasized. Along sides, and...
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...Police Abuse of Power Abstract This paper will focus on the idea of police abuse of power. It discusses the problem with police abusing power and how it leads to the distrust of people today. It will explore why it is an issue and what can be done to prevent it. An officer started at a job in a new town. After a few months on the job, they noticed a misuse of the authority the police embodied in a couple ways. The ways authority was misused compounded on top of each other making the department enormously corrupt. The officer saw that this was not a good thing, but doesn’t want to speak out because of the subculture and the risk of loosing their job. The new officer wanted to be an ethical leader and demonstrate courage but was at an impasse of uncertainty to keep their job. In today’s society, abuse of police power can be seen. From accepting small bribes to an unnecessary shooting, corruption is everywhere. Abuse of power is defined as the improper use of authority by someone who has that authority because of the office they hold ( Abuse of power West's Encyclopedia of American Law, edition 2). The problem with the abuse of power is it leads to corruption within the justice system. For example, an abuse of power would be when an officer is threatening a suspect with an impractical punishment and is forcing a confession for something they did not do. This corruption doesn’t allow for the right to a fair trial. By abusing the system the officer can doctor...
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...Members of the police force are government officials who enforce the laws and maintain order. They are engaged in a dangerous and stressful occupation that can involve violent situations that must be controlled. In many of these confrontations with the public it may become necessary for the police to administer force to take control of a situation. Sometimes this force takes the form of hand-to-hand combat with a suspect who resists being arrested. The police do have strict guidelines to follow when using force. Force should be used in only the minimum amount needed to achieve a legitimate purpose. The New York Police Department has these five stages set through which the use of force can progress. 1) verbal persuasion, 2) unarmed physical force, 3) force using non-lethal weapons, 4) force using impact weapons, 5) deadly force (AIUSAPolice Brutality 1999:2). They also have many tools at their disposal when the need for using force arises. These include the police baton, mace, tasers, handcuffs, police dogs, and firearms. An officer of the law can be properly trained to administer the law in an unbiased way that will not violate a citizen’s rights, however, this is not happening across the United States. According to a recent Amnesty International study, there are thousands of reports each year of assault and ill treatment against officers who use excessive force and violate the human rights of their victims (AIUSA Rights 1999:1). Police officers are injuring and even killing...
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... | |Unit: |17: Police Powers in the Public Services | |Assessment: |The Powers of the Police | |Issue date: | |P1 Describe the difference between arrest with and without warrant | |P2 State the rights of a detained person | |P3 Explain the powers the police have to search people and premises | |M1 Explain the requirements of a lawful arrest | |D1 Evaluate police powers of arrest, detention and search | Scenario: As a new police recruit, you have been asked to give a presentation about the powers which police have to arrest, detain then search people and property. Task 1 As a power point presentation, describe the key differences between the following...
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...O’Malley- Law homework. 1. Under which section of PACE is the main power of arrest to be found? The main stop and search powers to which this code applies are set to tackle suspicions individuals without exercising their power of arrest. Officers may stop and search individuals authorised under section 44 of the Terrorism Act 2000. 2. Which 2005 Act of Parliament amended police powers of arrest? The Serious Organized Crime and Police Act 2005 3. 4. When can the police arrest a person? In some cases a person can only be arrested by a police officer with a warrant; in others she/he can be arrested without a warrant and not only by a police officer but by a private citizen. 5. What, according to s.117, can police use in order to carry out an arrest? Under Section 117 Police and Criminal Evidence Act 1984 (PACE), the police are empowered to use ‘reasonable force’ if necessary when exercising the powers conferred to them under that act. 6. What are police entitled to search an arrestee for? The police can stop anyone in a public place and ask you to account for yourself. For example, you could be asked to account for your actions, behavior, presence in an area or possession of anything. When the police stop you and ask you for an explanation, you don't need to provide your personal details. 7. What common law power of arrest has been preserved in s.26 PACE? Breach of the peace. 8. What power of arrest is associated with bail? A person accused of a bailable...
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...in America. These issues will include the importance of the Fourth Amendment to the United States Constitution and its relevance to today’s criminal law, the specific powers granted to the federal government versus those that are granted to state governments to make criminal laws, an explanation of the four main goals or purposes of the criminal justice system, and a clarification of police power and the limitations on such power. (Gardner & Anderson, 2011) 1. The Fourth Amendment The purpose of the 4th Amendment is to deny the national government the authority to make general searches and seizures of property. A major issue over the years has been the interpretation of "unreasonable" searches and seizures. The rules can be complicated. They also change often, but the general principle is that searches are valid methods of enforcing law and order, but unreasonable searches are prohibited. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Over the years, the Supreme Court has interpreted the 4th Amendment to allow the police to search the person arrested, things in plain view of the accused person,...
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...Business Law Term Paper Police Brutality in US – Abuse of Power 1. Introduction 1.1 Background Police are always said to be a law enforcement officer. They are legally allowed to use legitimate force when necessary to make an arrest, keep the peace and maintain order. However, when the force is used excessively or beyond which is necessary, police brutality occurs. Brutality can be in a number of ways, mostly likely will be physical; pain holds, batons, pepper spray, tasters and guns. In US, police brutality has always been a serious problem which those police officers usually rationalize their behavior by claiming that they maintaining the social order. Let me refer to one of the cases in US. In January 1997, Kurt DeSilva, 34, was shot and killed by a Pawtucket, Rhode Island police officer after a low-speed car chase. DeSilva, who was unarmed, was suspected of driving a stolen car.() In this case, shooting is obviously an excessive force used to stop a low-speed driving suspect. In fact, there are lots of such cases in US. From January 2010 to December 2010, there were 4,861 unique reports of police misconduct recorded which involved 6,613 sworn law enforcement officers and 6,826 alleged victims. () In those 6,613 officers involved, 23,8% of them were involved in excessive force reports, which is the most prominent type among the misconducts.() This paper aims to discuss the inadequacy of the current law in US to prohibit police brutality and give suggestions...
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...Page 1 of 15 Public Police and Private Security - Impact of Blurred Boundaries on Accountability ‘Gap’ Public safety and security are understood to be the responsibility of the state to its citizens as a ‘social right’ agreed between the government and its citizens, (Kempa, Carrier, Wood, and Shearing, 1999) enforced through policing, establishing a line of accountability between the publicly funded police and their citizens, providing services on a non-profit basis, (Department of Criminology, 2009/2010). Bayley and Shearing, (1996) describe public policing as government ‘monopoly’ which in recent times has inevitably undergone restructuring enabling private security to blossom. Significantly, the boundaries between the roles of the public police and private security have become less clear in recent years, despite the varying degrees to which the private security and the public police are regulated, creating accountability gap between the ‘highly regulated’ public police and the ‘barely regulated’ private security. Johnston, (1999) describes the term ‘policing’ as a ‘social function’ while the term ‘police’ refers to agents. According to Johnston, (1999) policing is a form of social control. As many aspects of life can be influenced by a social control, Cohen, (1985, as cited in Innes, 2003:13; Johnston, 1999) defines social control in the context of policing as organised (societal) response to deviant behaviour. Reiner (1997, as cited in Johnston, 1999) describes...
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...Police Corruption Police corruption is a complex phenomenon, which does not readily submit to simple analysis. It is a problem that has and will continue to affect us all, whether we are civilians or law enforcement officers. Since its beginnings, many aspects of policing have changed; however, one aspect that has remained relatively unchanged is the existence of corruption. An examination of a local newspaper or any police-related publication on any given day will have an article about a police officer that got busted committing some kind of corrupt act. Police corruption has increased dramatically with the illegal cocaine trade, with officers acting alone or in-groups to steal money from dealers or distribute cocaine themselves. As long as there has been a professional Police force in the United States there have been corrupt Cops. The form of corruption in early America usually took the form of bribes and brutality, not all that far from the form of corruption these days. Police corruption is defined as the abuse of police authority for personal or organizational gain. This comes in many shapes and sizes, from major drug trafficking and money laundering to looking the other way on minor everyday violations of the law. Historical cases of corruption have lead to a widespread view that all police are corrupt. One study reported that by officers’ own accounts, 39 percent of their number engaged in brutality, 22 percent perjured themselves, 31 percent had sex on duty, 8 percent...
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...PUNJAB, PATIALA CUSTODIAL TORTURE: VIOLATION OF HUMAN RIGHTS SUPERVISED BY: SUBMITTED BY: Ms. Sangeeta Taak Rajiv Gandhi National University of Law Patiala (Punjab) PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF REQUIREMENTS OF THE SUBJECT OF CRIMINAL LAW FOR EIGHTH SEMESTER, B.A.LL.B (HONS.) COURSE SURBHI MEHTA Assistant Professor of Law (Roll No. 581) TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1 1.1. Objectives 2 1.2. Research Methodology 2 1.3. Hypothesis 2 1.4. Definitions 3 1.4.1. Police 3 1.4.2. Torture 4 CHAPTER 2: HISTORICAL BACKGROUND 6 CHAPTER 3: CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major...
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...death and others. The topic talks about a vast area which simply cannot be discussed easily. There are many problems that we have in our society. Here I have narrowed down the topic and will discuss about Section 54, 167 and 61 of Code of Criminal Procedure 1898. All these sections talks about arrest without warrant and detention rules. In our country, these sections are misinterpreted randomly and as a result it violates sections and makes way for corruptions. Actually political and some muscle man of our society does these unlawful things in the name of law to eliminate their obstacles legally. There is a case which deals with custodial death issues where police officers arrested a boy named Shamim Rubel, student of Independent University who was mercilessly beaten and later he died under police custody. Section 54, 61, 167 of Code of Criminal Procedure 1898 My research work is based on mainly section 54 and other section 61 and 167 comes...
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...materials, may please be seen at flag ‘A’ & ‘B’. Additional numbers of flags are required for hosting flags at Department buildings in the 2015. 277. Accordingly, rate particulars have been obtained from the following firms are placed at Flag ‘C’. 278. The details of items and their rates are as follows:- Sl.No. | Description | Qty | Rate Rs. | AmountRs. | M/s Govindaraj Enterprises, 27/3, Govindasamy Street, Kamaraj Nagar, Puducherry | 1. | Aluminium colour paint | 1 ltr. | 395.00 | 395.00 | 2. | White colour paint | 1 Ltr. | 345.00 | 345.00 | 3. | Red colour paint | 1 ltr. | 345.00 | 345.00 | 4. | Navy Blue colour paint | 1Ltr. | 345.00 | 345.00 | 5. | Stay wire 14mm | 1Kg | 95.00 | 95.00 | 6. | Pully kappi brass | 2 Nos. | 365.00 | 730.00 | 7. | Painting brush 2” | 1 Nos. | 195.00 | 195.00 | 8. | Flat brush No.12 | 1 No. | 80.00 | 80.00 | 9. | Turpentine oil | 2 ltr. | 95.00 | 190.00 | | | | Total(i) | 2,720.00 | The Puducherry Khadi and Village Industries Board, Kamaraj Salai, Puducherry | 10. | National Flag Size : 6‘ x 4’ | 4 Nos. | 1,675.00 | 6,700.00 | 11. | National Flag Size: 4’ x3½’ | 3 Nos. | 1,345.00 | 4,035.00 | Total(ii) | 10,735.00 | Grand Total (i) +(ii) | 13,455.00 | (Rupees thirteen thousand four hundred and fifty five only) | 279. If approved, we may purchase the above said items from the above firms for Rs.13,455/- (Rupees thirteen thousand...
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...Assignment On Bangladesh Police System Course Title: Criminology Course Code: LLB2321 Submitted To: Md.Gaziur Rahman Lecturer of Law, NUB Khulna Campus Prepared By : Mahbuba Sultana ID: LLB080160227 Section: 9A Semester: Fall Date of submission:03 october 2011 NORTHERN UNIVERSITY B A N G L A D E S H CONTENTS ❖ Introduction ❖ Meaning of Police ❖ Definition of police ❖ Bangladesh Police ❖ History of Bangladesh Police ❖ Laws Governing the Bangladesh Police ❖ Organisation of Bangladesh Police ❖ Strength ❖ Community Policing in Bangladesh ❖ Women in Bangladesh Police ❖ Selection and Training ❖ Vehicles used by Bangladesh Police ❖ Actual Scene of BD police ❖ Weapons ❖ Contribution to UN Peace Keeping Operations ❖ Powers as a Police Officer ❖ Role, Functions and Duties of the Police in General ❖ Preventive Action of the Police Recent Highlights in Bangladesh ❖ Emergency and national security laws ❖ Corruption and Transparency ❖ Overview of arbitrary detention practices around Asia ❖ Failing justice systems and lack of democratic space ❖ Conclusion Introduction: The police have a vital role to play in maintaining internal law and order and establishing the rule of law in the country...
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