When a law encroaches directly on basic rights, as the PStSG does, it requires stringent rules so that legal subjects may know in advance what to expect from the authorities. There should also be clear limits to interventional rights, as defined by the European Convention on Human Rights. In detail, such laws may not allow discretionary decisions or latitude of judgement by the authorities see detailed decisions by the Constitutional Court and the ECHR.
(PDF) Policing, procedural justice and prevention | Jonathan Jackson - literskemsare.ga
The new law shows a series of obvious shortcomings in this respect, as we from AKVorrat have been saying all along. Although both political parties in government have repeatedly said that a thorough evaluation was done and intensive debates held, there is not much to show for it.
Advance consultations were not held publicly, and the many critical advisory opinions that were given once the draft was made public have not found entry into the final legislation. Minor changes were made, but only on those points that had aroused critical statements by the media, and most of them were cosmetic.
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Basic criticism was deftly evaded. The compromises that were struck shortly before the final reading of the law in full session could neither be thoroughly discussed nor evaluated in the remaining time, members therefore had to vote at short notice on a basic law, with no proper evaluation of the far-reaching consequences — the final text reached members desks a day before the final reading.
We from AKVorrat have long demanded a full joint evaluation of all surveillance measures that would evaluate all measures, as defined by different laws, as to their conformity with basic rights. We are currently developing a catalogue HEAT as a means to evaluate all terror-related laws in Austria.
No such evaluation was held for the State Protection Law, so nobody can really answer the question: Is this deep encroachment in our basic rights really justified, is this law really necessary, is it worth the price we are paying. In the final text, the state is defined only as the sum of the state institutions that should be protected. Protection of the constitution and the fundamental rights of the population seem no longer to part of the duties of the BVT.
The Federal Office and local offices affiliated with local state police headquarters will continue to be security agencies. As such, they should be following the strict rules defined by PStSG; but as they act as part of local police, they only have to follow the less strict rules of SPG. This would result in one and he same authority acting on the basis of two separate laws: An official can choose whether he needs to get a judge's permission to demand telecommunications data from an internet service provider or not.
The final text provides for permission by majority by a legal protection senate only for two measures undercover enquiries and wire taps , all other surveillance measures require a simple permission. There is no control by an independent judiciary. At the same time, the same government presented a law for enquiries in financial transactions, which includes supervision by independent judges from the Federal Court of Finance plus additional supervision by the office of legal protection. For one and the same offence, different enquiry empowerments may be used.
Minor offences such as vilification of state symbols have been eradicated, but there are still offences that have nothing to do with anti-democratic acts or acts against the state. Paragraph 6 PStSG, defining the duties and responsibilities of the newly created authority, is of central importance. A delimitation to a dragnet investigation not provided for by the SStGS seems very difficult, to say the least.
There is no provision for a clear documentary obligation for instance in a written report of measures taken for procedural purposes. This implies that most warrants for undercover investigations are not linked to a specific crime or suspicion of a crime.
It suffices if authorities want to analyze an abstract risk scenario. This comprehensive collection of data on potentially each and every one of us may be stored for six years. In particular there is no provision and this is particularly disquieting for the concerned subject him- or herself to demand deletion of the concerned data sets.
There is furthermore no procedural mechanism for regular control and assessment of commensurability of storing concerned data. The use of tracking devices and IMSI -catchers will be permitted if the observation would otherwise be very difficult or else considered hopeless. Here, too, it is not defined how the fact is supposed to be proven. The periods for the permitted use of such special investigative means will be increased. According to the old law of the Code of Criminal Procedure, maximum period is three months, under condition of a court order.
Shawna is generally compliant with the law and believes police officers should be respected. She thinks that it is good to help police officers, and she appreciates that her mother would stealthily report crime. From a law enforcement perspective, people like Shawna are allies and assets to the community. Shawna behaves like someone who views the police as a legitimate legal authority.
She stopped going to the mall to avoid interacting with the officers there. She abandoned her childhood dream of becoming a police officer, even though she possesses the presence, personality, and background to be an excellent law enforcement official. She fears that police might kill or sexually assault someone like her: a young, low-income black woman who lives in West Baltimore.
Although Shawna sees the law and its enforcers as worthy of obedience as a theoretical matter, she does not believe that law enforcement officials see her, and people like her, as a true part of the polity. To this point, this Essay has argued that scholars and policymakers should understand persistent police distrust among African Americans and residents of high-poverty communities as a problem of legal estrangement, a cultural orientation about the law that emanates from collective symbolic and structural exclusion—that is, both subjective and objective factors.
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In this Part, I further define legal estrangement theory. I argue that legal estrangement is a product of three socio-legal processes: procedural injustice, vicarious marginalization, and structural exclusion. All of these processes are supported in the empirical literature, although their primary justifications emerge from theory. Below, I explain each process in greater detail, drawing upon the literature and offering real-world illustrations from qualitative data.
Building from the legitimacy and procedural justice scholarship described in Part II, I argue that experiences in which individuals feel treated unfairly by the police are one key provocateur of legal estrangement. The procedural injustice component operates at the individual and attitudinal level but, writ large, expands to the cultural level. Consider the example of Justin, an eighteen-year-old African American man living in Northeast Baltimore who is heading to a small religious college out of state on an athletic scholarship. He had wanted to aim for an Ivy League school because his high school grades were strong, but according to him, his SAT score was nearly points shy of the baseline.
The Public Eye: Ideology And The Police Procedural
It just gets so frustrating how disrespectful somebody with high power can be. It just gets annoying. To illustrate his point about disrespect from people in power, Justin told us about his most recent police encounter. At around PM, as they walked toward the light rail station that would carry them home to West Baltimore, they were stopped by a police officer. They were walking in the street along one side; they felt more comfortable walking in the road than on the sidewalk because there were woods on either side of the street. People could be hiding over there. The officer ultimately only gave them warnings for walking in the street.
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Justin repeated the charge, still with a hint of disbelief. For walking in the street! While they were stopped, Justin and his friends told the officer that they were on their way to the light rail station and that they needed to get there quickly because the rail stops running at midnight. They were not sure when the last train to Baltimore would depart, so they were trying to get there as soon as possible. The officer assured them that they would make their train. Yet by the time he checked their information and issued their warning tickets, it was approximately AM.
Justin now expects that the police will not value his time. He has resigned himself to this signal of his own inconsequentiality. Whatever it is, whatever you need, go ahead, because now I know we on your time, now.
Once you stop me, even if I did nothing wrong, we on your time. When asked if he had other experiences like that one, Justin could not answer precisely. So, I try to look at it from all angles. Justin is an ambitious young man, one of the few in the sample who had the good fortune of having solid college plans. If Justin had been answering a survey about legal compliance, there is a reasonable chance that he would have marked that he adheres to most laws and believes that it is important to do so.
Yet he deeply distrusts the police, partly because he believes that they treat him and other young Baltimoreans with disrespect in order to assert their authority. As for the midnight police encounter: on the facts as Justin presented them, there is little doubt that the stop was lawful.
The officer saw Justin and his friends walking in the middle of the street in violation of Maryland state law. Justin had two problems with the stop: he feels that the very reason they were stopped was generalized suspicion of young people and possibly young black people , and that the officer did not care that this stop caused them to miss their ride home.
However, the experience nonetheless contributed to his sense that there is a schism between young Baltimoreans and the police. The benefits of a legal estrangement perspective emerge more clearly when considering the additional processes of vicarious marginalization and structural exclusion. The second contributor to legal estrangement discussed here is vicarious marginalization: the marginalizing effect of police maltreatment that is targeted toward others.