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La spécialité contraventionnelle en matière pénale / The specificity of contraventional offences, “petty offences”, in criminal mattersAnonin, Xavier 22 March 2018 (has links)
La question contraventionnelle est devenue fondamentale dans la société française du XXIe siècle, tant elle est au coeur de la vie quotidienne de chacun. En matière contentieuse, nos juridictions répressives traitent autant d’affaires contraventionnelles que délictuelles, mais lorsque l’on considère que la majorité des sanctions contraventionnelles sont exécutées hors l’intervention du juge, cela érige la matière contraventionnelle en une question majeure de notre droit pénal. L’inflation des normes réglementaires techniques au cours de la seconde moitié du XXe siècle, a contribué à faire des contraventions un ensemble répressif très hétérogène et le développement de la circulation routière a conduit à une répression de masse dont la viabilité ne pouvait que reposer sur une simplification du droit, tant substantiel que formel. C’est ainsi que les normes régissant la matière contraventionnelle ont progressivement gagné en autonomie, se différenciant de plus en plus nettement du droit commun. Toutefois, en écartant le juge de la répression des contraventions, la simplification du droit n’a pas manqué de porter atteinte aux droits fondamentaux et en particulier aux règles du procès équitable. Cette problématique est aujourd’hui au coeur de l’évolution de la matière qui semble ne pas avoir encore trouvé son point d’équilibre entre efficacité répressive et respect des droits de la défense / The question of petty offences called “contraventions” in French law, has become fundamental in the twenty first century French society, as it is at the heart of every citizen’s daily life. In litigious matters, our criminal courts deal with as many contraventional cases as misdemeanour cases. However, when we consider that the majority of contraventional penalties are executed without the intervention of the judge, this makes the issue of contraventions a major issue in our criminal law. The inflation of technical regulatory standards during the second half of the twentieth century, has contributed to make contraventions a very heterogeneous repressive set of rules and the development of road traffic has led to a mass repression whose sustainability could only be based on simplification of the law, both from a substantive and a formal perspective. As a result, the norms governing contraventional matters gradually gained autonomy, differentiating themselves more and more clearly from common law. However, by excluding the judge from the repression of contraventions, the simplification of the law did not fail to infringe the fundamental rights and in particular the rules of the fair trial. Today, this issue is at the heart of the evolution of the contraventional offenses, which seems to have not yet found its point of balance between repressive effectiveness and respect for the rights of the defence
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Die noodsaak van die kapelaansdiens in die SAPDSmit, Nico Anton 27 June 2008 (has links)
Chapter one is discussing the introduction and summary as well as the research methodology of this study. The introduction describes the identified problem statement of this study. Like the title indicates this study is looking at the necessity of the permanent chaplaincy in the South African Police Service (SAPS). From time to time certain questions are raised about the right of existence of the chaplaincy in the police. These questions are: • Why is there a permanent chaplaincy in the SAPS? • Why must the government pay permanent chaplains to minister to SAPS employees? • Why can’t the local pastor/assembly take care of the spiritual needs of SAPS employees? The constant questioning whether or not it is necessary to have chaplains on a permanent basis in the SAPS and what role they play in the police, forms the basis of the problem statement and thus the focus point of the discussion of the research of this study. Chapter two describes the heart and the soul of the chaplaincy in the SAPS. This will be done by looking into the history of the chaplaincy and from the very first temporary chaplain until it later became a permanent position in the police with continual growth upto today. This chapter is also looking at the status of the chaplain in the SAPS as well as the chaplaincy as a international phenomenon. The research is also focusing on the role of the permanent chaplain in the SAPS. This chapter is also discussing the criticism against the chaplaincy as a full time job in the SAPS as well as the answers on these questions from the SAPS national chaplaincy. Chapter two is also looking at the appointment of the chaplain in the SAPS and his heavy load of spiritual programmes in the police. Chapter three is a theological discussion of the role of the chaplain as a spiritual counselor with spiritual counseling as the main subject of this chapter. Further is the researcher also discussing the chaplain as counselor in the following counseling areas: Marriage counseling Trauma debriefing Crisis counseling Counselor in conflict situations Pre marital counseling Marriage enrichment Family and child counseling The role of the chaplain as counselor is thoroughly research in this chapter as well as the significant role that he is playing in the lives of the police members. Chapter four is looking at the vision and mission of the SAPS as well as the vision and mission of the chaplaincy. What role does the chaplain play in abovementioned visions and missions? To understand and rate the role of the chaplain the researcher will be looking at both the vision and mission of the SAPS and chaplaincy. The researcher will also be looking at spiritual growth in service delivered unto police members. This can only be measured through the statistics of pro-active spiritual programmes and other spiritual activities of the chaplaincy presented to police members. The role of the chaplain as well as his role with his colleagues in the SAPS (The Employee Assistant Services – social workers, psychologists and chaplains) will be researched in their joined strive to reach and better the goals of the vision and mission of the SAPS. Chapter five is looking at the theological fundamentals of the chaplaincy in the SAPS. This consists of: • Theology of religions • The fact of the multi religious context in the SAPS • The origin of religions • The creation purpose, fall and restoration of mankind • What role are the police and the chaplains playing in the context of Biblical theology. Can the permanent chaplain make a difference in the SAPS today, and other questions are looked at from a theological perspective in this chapter. Chapter six discusses the conclusions that has been made of this research study and present certain recommendations and make some valuable proposals. Then the researcher concludes with a summary and some final remarks. / Dr. Dennis Erasmus Prof. Jan du Rand
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Employees' social construction of client serviceSchwartz, Gerrit Jacobs 26 June 2008 (has links)
The social construction of client service impacts on the everyday lives of all community members. This qualitative study was conducted to establish how frontline employees construct their client service in the police environment. Front-line employees, such as police officers and civilians working for the police, were interviewed in seven focus group discussions, and afterwards during in-depth interviews on a one-on-one basis. Data was also collected by studying unsolicited organisational documents such as policies and internal correspondence. I contributed by writing an essay on my personal experiences while working for the police service. Grounded theory was applied to analyse data through open, axial and selective coding. Twenty-one themes emerged from the data during open coding. Data was put back together again to find alternative links in the data. Eight main themes that could be tied to "dissatisfaction in the organisation" emerged from the data by applying this axial-coding process. Finding the single story line that could drape all themes saw the emergence of the core category. This process of selective coding identified the core category as being "dissatisfaction with internal processes in the organisation". A literature review covered topics such as motivation, commitment, policy, organisational culture, resistance to change and willingness. This process facilitated the development of my version or interpretation of a Process Satisfaction Model (PSM) which has been explicated in terms of the conditional matrix. The "goodness" of the study was evaluated in terms of reflexivity, peer debriefing, audit trail, credibility and dependability, authenticity, transferability and member checking. The main contribution of the study is to the social science in terms of theory and methodology and organisational human resource and management practice. Practical value was added to mainly policy formulation, implementation and accountability and education, training and development (ETD) practice. The study was concluded by reflecting on the researcher’s experience of the study during the course of the research. / Prof. Willem J. Schurink Prof. Karel Stanz
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Frequency of police officers' problems and the sources of counselling most preferred by police officersMackoff, Randy January 1988 (has links)
The purpose of this study was to establish the frequency of problems that members of Police Force X experience or have experienced, and to determine which source of counselling the members of Police Force X would prefer most for each problem.
A single stage sample design was used for this study. Two hundred non-commissioned police officers were randomly selected and were mailed a questionnaire through the police department's in-house mail system. One hundred and fifteen police officers returned completed and usable questionnaires. With the exception of an under representation of female police officers, the sample was representative of the population.
The analysis of data showed that the five most frequent problems reported by the respondents were anxiety that interferes with the enjoyment of life, alcohol abuse, depression, financial problems, marital problems and sleep disturbance (these problems are presented in alphabetical order, and not in order of frequency). Further, for thirteen of fifteen presented problems the majority of respondents selected outside psychiatrist or psychologist as the most preferred source of counselling. For the problem of boredom and alienation members were equally divided between outside psychiatrist or psychologist and peer counselling as the most preferred source of counselling.
The study concluded with a discussion of practical implications and recommendations for further research were presented. / Education, Faculty of / Educational and Counselling Psychology, and Special Education (ECPS), Department of / Graduate
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A call to modernize police accountability: an evaluation of the law’s response to excess use of force by police in British ColumbiaPinette, Celia 27 April 2020 (has links)
When a police officer exercises their statutory authority to use force against a member of society, and that force results in death, the public must have confidence that the police acted legitimately. The inquiry this thesis facilitates examines current police oversight law that purports to hold police accountable in circumstances of police-involved death in British Columbia. The research is motivated by two assertions:
1. The government’s response to reform the investigatory and legal processes for the determination of allegations of police-involved death is inadequate; the resulting police oversight regime is too complex, and fails to act in the public interest.
2. Oversight and law enforcement agencies limit access to the information required for families and the public to understand the circumstances of, and to fairly assess, alleged police-involved death.
While this research does not anticipate a singular resolution to the complex and longstanding questions of police accountability in BC, it draws attention to an unresolved history of police un-accountability as a matter of public interest. Due to the complex nature of the legal framework, this research does not identify an exhaustive list of issues within policing law. / Graduate
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變革夢迴 : 國府時期中國警學思想及警政現代化 = A wheel-running reformation : intellectual thoughts and modernization of police administration in Republican China (1928-1949)Chan, Kwun Fu 06 March 2020 (has links)
外力一直是左右着民國警察發展的主要因素。礙於海外專業訓練的龐大投資,政府和警政精英會因國家對外關係的變化,因應局勢演變而帶有不同的仿習偏好和傾向。這些精英從外引進歐美新知和先進科技,進而於其所屬的專業群體發表己見。而濃厚的改革氣氛更促進警務從業者對警學的廣泛討論和研究,並益於中國警政戰後重整。警察改革以中國現代化和中央集權為最終的政治目標。國民政府亦然,主張建設一個強大及文明的「現代」中國。故此,除日益繁重的警政事務以外,警察更礙於其角色的模糊理解,往往兼負起其他行政及軍事相關職能,以滿足現代國家的衍生需求。警察的角色衝突更因而觸發起後續的派系鬥爭,也為長期困擾着警政發展的癥結所在。本文以1928年至1949年間民國警政改革為研究對象,通過探討時人對警察不同的政治及專業理解,再而理解警政改革長期於中國急速成長的氛圍下停滯不前的現象。研究所得非但針對警政機構於中國未來所擔當的職能,更嘗指出政治手段何以推動警政統一而又忘卻探索「現代警察」本質的原念。External influence was the major factor which influenced the development of police reforms in Republican China. Following the dynamic changes on diplomacy,both of the Chinese government and police elites had different preferences on their professional studies overseas. The intellectuals brought foreign knowledge and technical skills and thereafter expressed their own ideas in their affiliated parties and communities. Therefore, the reformative atmosphere catalysed wide discussions and benefited the subsequent police reforms throughout the wartime and post-war period in China.Police reforms were always an instrument to reach the ultimate goals of modernization and centralization in the Republican China. Nanking Government also took the missions, and reformed China as a powerful and civilized country in the "modern world". Aside from the stronger demands on policing, they intended to assign policemen with extra duties because of their ambiguous understandings on the "modern police". The role-conflicts triggered the timely power struggles, as well as the crux that troubled Chinese policemen throughout the twentieth century.This thesis studies the police reform in the Republican China between 1928 and 1949. It specifically discusses the variety of professional and politicalunderstandings on policing and therefore examines the disappointed results of police reform amidst the rapid growth in Chinese modernization. More than imagine the future police force in their "modernizing state", the findings highlighted how the political means fulfilled their ambition on unification with the police functions but failed to search for the original belief of the police.
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Exploratory-descriptive analysis of the public image of the policePotgieter, Phillippus Johannes January 2014 (has links)
A dissertation submitted to the Faculty of Arts in fulfillment of the requirements for the Degree of Magister Artium in the Department of Criminal Justice at the University Of Zululand, 2014 / Prior to 1994, South Africa was ruled by an authoritarian government known for its repressive policing methods which was replaced by a democratic, non-paramilitary police system, the South African Police Service (SAPS). Policing in both post-communist (Poland, Lithuania, Hungary, etc.) and post-apartheid societies managed to successfully ‘escape’ from chaotic transitional environments but still suffer similar concerns in terms of police legitimacy, police use of deadly force, accountability, etc. Over the past twenty years, the police image suffered severe criticism because of police involvement in serious crimes like murder, assault, corruption, armed robbery, etc. Inefficiency in dealing with crime and a lack of deterrent measures to prevent crime and the fear of crime are some of regular accusations against the police. Television watching, personal observation or experience about the manner in which the police perform their duty and newspapers are the most important image-forming sources. Although rated favourably, respondents’ perceptions of the true justification of the police appears to be misplaced in favour of the juridical basis and an over-emphasis of reactive policing. A deep-seated obligation to prevent crime is observable among respondents: they do not view policing as a threat to their personal freedom and privacy, and are willing to assist the police in preventing crime.
Short-term police functions are rated more important than long-term police functions. Police characteristics during contact sessions with the public indicate arrogance, aggressiveness, abuse of power and authority, brutality and corruption. Non-reporting of crime emanates from negative attitudes and apathy of police officers. Public expectations of improved service delivery are necessary to enhance communication and improving their image. Police officers should be encouraged to change and accept the values of democratic policing.
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Determinants Of Turkish Police Officers' Perception Of Integrity: Impact Of Organizational CultureKucukuysal, Bahadir 01 January 2008 (has links)
The purpose of this research was to examine the influence of police organizational culture on officers' perception of integrity in the Turkish National Police (TNP). Adopting an organizational rather than an individualistic perspective, this study focused on police organizational culture to investigate the causes of integrity problems in the TNP. While focusing on police organizational culture, this study also aimed to determine to what extent officers' perceptions of integrity are influenced by personal and occupational attributes such as age, gender, rank, income, educational level, years of employment, and assignment type. The research was conducted in Turkey's two largest cities, Istanbul and Ankara, as well as the largest city of southeastern Turkey, Diyarbakir. Three hundred officers, consisting of 200 regular police officers and 100 ranked officers, were selected from each city, making a sample size of 900 in total. With a total of 507 respondents, after eliminating cases with missing values, the study achieved a 57% response rate. Structural equation modeling was used to test the hypothesized relationships, since it is the most appropriate statistical method for testing hypotheses based on relations among latent and observed variables. This method enabled the researcher to measure the perception of police integrity and the perception of police organizational culture with their multiple indicators, providing rigorous measurements for both constructs. The results of the statistical analysis supported the research hypothesis. The findings showed that officers' perception of police organizational culture negatively influenced their perception of integrity. It was also found that officers' age and educational level also had a statistically significant influence on their perception of integrity.
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A methodology for the allocation of police patrol vehicles /Saladin, Brooke Allen January 1980 (has links)
No description available.
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Data Management for a Police Command/Control Simulation StudyLoCasale, Gerald Louis 01 January 1972 (has links) (PDF)
The primary purpose of this thesis is to aid the Orlando Police Department locate areas of improvement with the effect of reducing the total response time of the Command/Control Center through the application of basic industrial engineering techniques. This work is presented in three major chapters. The first is concerned with the definition of the present operation of the Center, the total scope of each separate function within the Center and the interactions with the general public and other public safety departments. The second chapter develops the studies which provide the input values for the simulation model and the analysis of these parameters through statistical testing procedures. The final chapter states the interpretations of the statistical values and indicates the areas where industrial engineering techniques could best be applied to reduce the total response time of the Command/Control Center. This work was supported bya grant from the Governor's Council on Criminal Justice to the Orlando Police Department.
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