Полиция и законы

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A police force is a constituted body of persons empowered by the state to enforce the law, protect property, and limit civil disorder.[1] Their powers include the legitimized use of force. The term is most commonly associated with police services of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility.

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Jeremy Bentham, philosopher who advocated for the establishment of preventive police forces and influenced the reforms of Sir Robert Peel.

The concept of preventive policing, or policing to deter crime from taking place, gained influence in the late 18th century. Police Magistrate John Fielding, head of the Bow Street Runners, argued that "...it is much better to prevent even one man from being a rogue than apprehending and bringing forty to justice."[44]

The Utilitarian philosopher, Jeremy Bentham, promoted the views of Italian Marquis Cesare Beccaria, and disseminated a translated version of "Essay on Crime in Punishment". Bentham espoused the guiding principle of "the greatest good for the greatest number:

It is better to prevent crimes than to punish them. This is the chief aim of every good system of legislation, which is the art of leading men to the greatest possible happiness or to the least possible misery, according to calculation of all the goods and evils of life.[44]

Patrick Colquhoun's influential work, A Treatise on the Police of the Metropolis (1797) was heavily influenced by Benthamite thought. Colquhoun'sThames River Police was founded on these principles, and in contrast to the Bow Street Runners, acted as a deterrent by their continual presence on the riverfront, in addition to being able to intervene if they spotted a crime in progress.[45]

Edwin Chadwick's 1829 article, "Preventive police" in the London Review,[46] argued that prevention ought to be the primary concern of a police body, which was not the case in practice. The reason, argued Chadwick, was that "A preventive police would act more immediately by placing difficulties in obtaining the objects of temptation." In contrast to a deterrent of punishment, a preventive police force would deter criminality by making crime cost-ineffective - "crime doesn't pay". In the second draft of his 1829 Police Act, the "object" of the new Metropolitan Police, was changed by Robert Peel to the "principal object," which was the "prevention of crime."[47] Later historians would attribute the perception of England's "appearance of orderliness and love of public order" to the preventive principle entrenched in Peel's police system.[48]

Development of modern police forces around the world was contemporary to the formation of the state, later defined by sociologist Max Weber as achieving a "monopoly on the legitimate use of physical force" and which was primarily exercised by the police and the military. Marxist theory situates the development of the modern state as part of the rise of capitalism, in which the police are one component of the bourgeoisie's repressive apparatus for subjugating the working class.

Personnel and organization


Police forces include both preventive (uniformed) police and detectives. Terminology varies from country to country.

Police functions include protecting life and property, enforcing criminal law, criminal investigations, regulating traffic, crowd control, and other public safety duties.

Uniformed police

Brazilian Federal Highway Police at work.

Preventive Police, also called Uniform Branch, Uniformed Police, Uniform Division, Administrative Police, Order Police, or Patrol, designates the police that patrol and respond to emergencies and other incidents, as opposed to detective services. As the name "uniformed" suggests, they wear uniforms and perform functions that require an immediate recognition of an officer's legal authority, such as traffic control, stopping and detaining motorists, and more active crime response and prevention.

Preventive police almost always make up the bulk of a police service's personnel. In Australia and Britain, patrol personnel are also known as "general duties" officers.[49] Atypically, Brazil's preventive police are known as Military Police.[50]

Detectives

New South Wales Police Forceofficers search the vehicle of a suspected drug smuggler at a border crossing. Wentworth, New South Wales, Australia

Police detectives are responsible for investigations and detective work. Detectives may be called Investigations Police, Judiciary/Judicial Police, and Criminal Police. In the UK, they are often referred to by the name of their department, the Criminal Investigation Department (CID). Detectives typically make up roughly 15%-25% of a police service's personnel.

Detectives, in contrast to uniformed police, typically wear 'business attire' in bureaucratic and investigative functions where a uniformed presence would be either a distraction or intimidating, but a need to establish police authority still exists. "Plainclothes" officers dress in attire consistent with that worn by the general public for purposes of blending in.

In some cases, police are assigned to work "undercover", where they conceal their police identity to investigate crimes, such as organized crime or narcotics crime, that are unsolvable by other means. In some cases this type of policing shares aspects with espionage.

Despite popular conceptions promoted by movies and television, many US police departments prefer not to maintain officers in non-patrol bureaus and divisions beyond a certain period of time, such as in the detective bureau, and instead maintain policies that limit service in such divisions to a specified period of time, after which officers must transfer out or return to patrol duties.[citation needed] This is done in part based upon the perception that the most important and essential police work is accomplished on patrol in which officers become acquainted with their beats, prevent crime by their presence, respond to crimes in progress, manage crises, and practice their skills.[citation needed]

Detectives, by contrast, usually investigate crimes after they have occurred and after patrol officers have responded first to a situation. Investigations often take weeks or months to complete, during which time detectives spend much of their time away from the streets, in interviews and courtrooms, for example. Rotating officers also promotes cross-training in a wider variety of skills, and serves to prevent "cliques" that can contribute to corruption or other unethical behavior.

Auxiliary

Police may also take on auxiliary administrative duties, such as issuing firearms licenses. The extent that police have these functions varies among countries, with police in France,Germany, and other continental European countries handling such tasks to a greater extent than British counterparts.[49]

Specialized units

After the 2008 Mumbai attacks, theMumbai Police created specialized, quick response teams to deal with terror threats.

Specialized preventive and detective groups, or Specialist Investigation Departments exist within many law enforcement organizations either for dealing with particular types of crime, such as traffic law enforcement and crash investigation, homicide, or fraud; or for situations requiring specialized skills, such as underwater search, aviation, explosive device disposal ("bomb squad"), and computer crime.

Most larger jurisdictions also employ specially selected and trained quasi-military units armed with military-grade weapons for the purposes of dealing with particularly violent situations beyond the capability of a patrol officer response, including high-risk warrant service and barricaded suspects. In the United States these units go by a variety of names, but are commonly known as SWAT (Special Weapons And Tactics) teams.

In counterinsurgency-type campaigns, select and specially trained units of police armed and equipped as light infantry have been designated as police field forces who perform paramilitary-type patrols and ambushes whilst retaining their police powers in areas that were highly dangerous.[51]

Because their situational mandate typically focuses on removing innocent bystanders from dangerous people and dangerous situations, not violent resolution, they are often equipped with non-lethal tactical tools like chemical agents, "flashbang" and concussion grenades, and rubber bullets. The London Metropolitan police's Specialist Firearms Command (CO19)[52] is a group of armed police used in dangerous situations including hostage taking, armed robbery/assault and terrorism.

Military police

Military police may refer to:

  • a section of the military solely responsible for policing the armed forces (referred to as provosts)
  • a section of the military responsible for policing in both the armed forces and in the civilian population (most gendarmeries, such as the French Gendarmerie, the ItalianCarabinieri, the Spanish Guardia Civil and the Portuguese Republican National Guard also known as GNR)
  • a section of the military solely responsible for policing the civilian population (such as the Romanian Gendarmerie)
  • the civilian preventive police of a Brazilian state (Policia Militar)
  • a Special Military law enforcement Service, like the Russian Military Police

Religious police

Some Islamic societies have religious police, who enforce the application of Islamic Sharia law. Their authority may include the power to arrest unrelated men and women caught socializing, anyone engaged in homosexual behavior or prostitution; to enforce Islamic dress codes, and store closures during Islamic prayer time.[53][54]

They enforce Muslim dietary laws, prohibit the consumption or sale of alcoholic beverages and pork, and seize banned consumer products and media regarded as un-Islamic, such as CDs/DVDs of various Western musical groups, television shows and film.[53][54] In Saudi Arabia, the Mutaween actively prevent the practice or proselytizing of non-Islamic religions within Saudi Arabia, where they are banned.[53][54]

Varying jurisdictions


Police forces are usually organized and funded by some level of government. The level of government responsible for policing varies from place to place, and may be at the national, regional or local level. In some places there may be multiple police forces operating in the same area, with different ones having jurisdiction according to the type of crime or other circumstances.

For example in the UK, policing is primarily the responsibility of a regional police force; however specialist units exist at the national level. In the US, there is typically a state police force, but crimes are usually handled by local police forces that usually only cover a few municipalities. National agencies, such as the FBI, only have jurisdiction over federal crimes or those with an interstate component.

In addition to conventional urban or regional police forces, there are other police forces with specialized functions or jurisdiction. In the United States, the federal government has a number of police forces with their own specialized jurisdictions.

Some examples are the Federal Protective Service, which patrols and protects government buildings; the postal police, which protect postal buildings, vehicles and items; the Park Police, which protect national parks, or Amtrak Police which patrol Amtrak stations and trains.

There are also some government agencies that perform police functions in addition to other duties. The U.S. Coast Guard carries out many police functions for boaters.

In major cities, there may be a separate police agency for public transit systems, such as the New York City Port Authority Police or the MTA police, or for major government functions, such as sanitation, or environmental functions.

International policing


The terms international policing, transnational policing, and/or global policing began to be used from the early 1990s onwards to describe forms of policing that transcended the boundaries of the sovereign nation-state (Nadelmann, 1993),[55] (Sheptycki, 1995).[56] These terms refer in variable ways to practices and forms for policing that, in some sense, transcend national borders. This includes a variety of practices, but international police cooperation, criminal intelligence exchange between police agencies working in different nation-states, and police development-aid to weak, failed or failing states are the three types that have received the most scholarly attention.

Historical studies reveal that policing agents have undertaken a variety of cross-border police missions for many years (Deflem, 2002).[57]For example, in the 19th century a number of European policing agencies undertook cross-border surveillance because of concerns about anarchist agitators and other political radicals. A notable example of this was the occasional surveillance by Prussian police of Karl Marxduring the years he remained resident in London. The interests of public police agencies in cross-border co-operation in the control of political radicalism and ordinary law crime were primarily initiated in Europe, which eventually led to the establishment of Interpol before theSecond World War. There are also many interesting examples of cross-border policing under private auspices and by municipal police forces that date back to the 19th century (Nadelmann, 1993).[55] It has been established that modern policing has transgressed national boundaries from time to time almost from its inception. It is also generally agreed that in the post–Cold War era this type of practice became more significant and frequent (Sheptycki, 2000).[58]

Not a lot of empirical work on the practices of inter/transnational information and intelligence sharing has been undertaken. A notable exception is James Sheptycki's study of police cooperation in the English Channel region (2002),[59] which provides a systematic content analysis of information exchange files and a description of how these transnational information and intelligence exchanges are transformed into police case-work. The study showed that transnational police information sharing was routinized in the cross-Channel region from 1968 on the basis of agreements directly between the police agencies and without any formal agreement between the countries concerned. By 1992, with the signing of the Schengen Treaty, which formalized aspects of police information exchange across the territory of the European Union, there were worries that much, if not all, of this intelligence sharing was opaque, raising questions about the efficacy of the accountability mechanisms governing police information sharing in Europe (Joubert and Bevers, 1996).[60]

Studies of this kind outside of Europe are even rarer, so it is difficult to make generalizations, but one small-scale study that compared transnational police information and intelligence sharing practices at specific cross-border locations in North America and Europe confirmed that low visibility of police information and intelligence sharing was a common feature (Alain, 2001).[61] Intelligence-led policing is now common practice in most advanced countries (Ratcliffe, 2007)[62] and it is likely that police intelligence sharing and information exchange has a common morphology around the world (Ratcliffe, 2007).[62] James Sheptycki has analyzed the effects of the new information technologies on the organization of policing-intelligence and suggests that a number of 'organizational pathologies' have arisen that make the functioning of security-intelligence processes in transnational policing deeply problematic. He argues that transnational police information circuits help to "compose the panic scenes of the security-control society".[63] The paradoxical effect is that, the harder policing agencies work to produce security, the greater are feelings of insecurity.

Police development-aid to weak, failed or failing states is another form of transnational policing that has garnered attention. This form of transnational policing plays an increasingly important role in United Nations peacekeeping and this looks set to grow in the years ahead, especially as the international community seeks to develop the rule of law and reform security institutions in States recovering from conflict (Goldsmith and Sheptycki, 2007)[64] With transnational police development-aid the imbalances of power between donors and recipients are stark and there are questions about the applicability and transportability of policing models between jurisdictions (Hills, 2009).[65]

Perhaps the greatest question regarding the future development of transnational policing is: in whose interest is it? At a more practical level, the question translates into one about how to make transnational policing institutions democratically accountable (Sheptycki, 2004).[66] For example, according to the Global Accountability Report for 2007 (Lloyd, et al. 2007) Interpol had the lowest scores in its category (IGOs), coming in tenth with a score of 22% on overall accountability capabilities (p. 19).[67] As this report points out, and the existing academic literature on transnational policing seems to confirm, this is a secretive area and one not open to civil society involvement.

Equipment


Weapons

In many jurisdictions, police officers carry firearms, primarily handguns, in the normal course of their duties. In the United Kingdom (exceptNorthern Ireland), Iceland, Ireland, Norway, New Zealand,[68] and Malta, with the exception of specialist units, officers do not carry firearms as a matter of course.

Police often have specialist units for handling armed offenders, and similar dangerous situations, and can (depending on local laws), in some extreme circumstances, call on the military (since Military Aid to the Civil Power is a role of many armed forces). Perhaps the most high-profile example of this was, in 1980 the Metropolitan Police handing control of the Iranian Embassy Siege to the Special Air Service.

They can also be equipped with non-lethal (more accurately known as "less than lethal" or "less-lethal") weaponry, particularly for riot control.Non-lethal weapons include batons, tear gas, riot control agents, rubber bullets, riot shield, water cannons and electroshock weapons. Police officers often carry handcuffs to restrain suspects. The use of firearms or deadly force is typically a last resort only to be used when necessary to save human life, although some jurisdictions (such as Brazil) allow its use against fleeing felons and escaped convicts. A "shoot-to-kill" policy was recently introduced in South Africa, which allows police to use deadly force against any person who poses a significant threat to them or civilians.[69] With the country having one of the highest rates of violent crime, president Jacob Zuma states that South Africa needs to handle crime differently to other countries.[70]

Communications

Modern police forces make extensive use of radio communications equipment, carried both on the person and installed in vehicles, to co-ordinate their work, share information, and get help quickly. In recent years, vehicle-installed computers have enhanced the ability of police communications, enabling easier dispatching of calls, criminal background checks on persons of interest to be completed in a matter of seconds, and updating the officer's daily activity log and other required reports on a real-time basis. Other common pieces of police equipment include flashlights/torches, whistles, and police notebooks and "ticketbooks" or citations.

Vehicles

Main article: Police transportation

Police vehicles are used for detaining, patrolling and transporting. The average police patrol vehicle is an specially modified four door sedan(saloon in British English). Police vehicles are usually marked with appropriate logos and are equipped with sirens and lightbars to aid in making others aware of police presence.

Unmarked vehicles are used primarily for sting operations or apprehending criminals without alerting them to their presence. Some police forces use unmarked or minimally marked cars for traffic law enforcement, since drivers slow down at the sight of marked police vehicles and unmarked vehicles make it easier for officers to catch speeders and traffic violators. This practice is controversial, with for example, New York State banning this practice in 1996 on the grounds that it endangered motorists who might be pulled over by people impersonating police officers.[71]

Motorcycles are also commonly used, particularly in locations that a car may not be able to reach, to control potential public order situations involving meetings of motorcyclists and often in escort duties where the motorcycle policeman can quickly clear a path for the escorted vehicle. Bicycle patrols are used in some areas because they allow for more open interaction with the public. In addition, their quieter operation can facilitate approaching suspects unawares and can help in pursuing them attempting to escape on foot.

Police departments use an array of specialty vehicles such as helicopters, airplanes, watercraft, command posts, vans, trucks, all-terrain vehicles, motorcycles, and SWAT armored vehicles.

Other safety equipment

Police cars may also contain fire extinguishers[72][73] or defibrillators.[74]

Strategies


The advent of the police car, two-way radio, and telephone in the early 20th century transformed policing into a reactive strategy that focused on responding to calls for service.[75] With this transformation, police command and control became more centralized.

In the United States, August Vollmer introduced other reforms, including education requirements for police officers.[76] O.W. Wilson, a student of Vollmer, helped reduce corruptionand introduce professionalism in Wichita, Kansas, and later in the Chicago Police Department.[77] Strategies employed by O.W. Wilson included rotating officers from community to community to reduce their vulnerability to corruption, establishing of a non-partisan police board to help govern the police force, a strict merit system for promotions within the department, and an aggressive recruiting drive with higher police salaries to attract professionally qualified officers.[78] During the professionalism era of policing, law enforcement agencies concentrated on dealing with felonies and other serious crime, rather than broader focus on crime prevention.[79]

The Kansas City Preventive Patrol study in the 1970s found this approach to policing to be ineffective. Patrol officers in cars were disconnected from the community, and had insufficient contact and interaction with the community.[80] In the 1980s and 1990s, many law enforcement agencies began to adopt community policing strategies, and others adopted problem-oriented policing.

Broken windows policing was another, related approach introduced in the 1980s by James Q. Wilson and George L. Kelling, who suggested that police should pay greater attention to minor "quality of life" offenses and disorderly conduct. This method was first introduced and made popular by New York City Mayor, Rudy Giuliani, in the early 1990s.

The concept behind this method is simple: broken windows, graffiti, and other physical destruction or degradation of property, greatly increases the chances of more criminal activities and destruction of property. When criminals see the abandoned vehicles, trash, and deplorable property, they assume that authorities do not care and do not take active approaches to correct problems in these areas. Therefore, correcting the small problems prevents more serious criminal activity.[81]

Building upon these earlier models, intelligence-led policing has emerged as the dominant philosophy guiding police strategy. Intelligence-led policing and problem-oriented policing are complementary strategies, both which involve systematic use of information.[82] Although it still lacks a universally accepted definition, the crux of intelligence-led policing is an emphasis on the collection and analysis of information to guide police operations, rather than the reverse.[83]

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