Anonyma vittnen: en analytisk studie gällande en poliskommissarie och en försvarsadvokats rättsmedvetande
(2020) RÄSK02 20201Department of Sociology of Law
- Abstract
- To protect the rights of the individual or to ensure legal certainty where witnesses should not be affected by reprisals is the question raised in the debate for anonymous witnesses. Therefore, is this essay based on understanding how a police commissioner and a defense lawyer's legal consciousness can be understood based on the topic of anonymous witnesses. The main problem within the debate is that legal certainty and the rights of the suspect before the court will need to be reduced if a legislative process of anonymous witnesses occurs. At the same time, development around the culture of silence and organized crime is considered to create uncertainty in the society. The problem then arises in a gap between current law and social... (More)
- To protect the rights of the individual or to ensure legal certainty where witnesses should not be affected by reprisals is the question raised in the debate for anonymous witnesses. Therefore, is this essay based on understanding how a police commissioner and a defense lawyer's legal consciousness can be understood based on the topic of anonymous witnesses. The main problem within the debate is that legal certainty and the rights of the suspect before the court will need to be reduced if a legislative process of anonymous witnesses occurs. At the same time, development around the culture of silence and organized crime is considered to create uncertainty in the society. The problem then arises in a gap between current law and social practice.
The method that has been used is semi-structured interviews of a police commissioner and a defense lawyer. In order to analyse the interviews that were conducted, it was done on the basis of the theoretical concept of legal consciousness which describes how the actors' perspectives on the law are designed. The relevance for sociology of law thus becomes, on the basis of the theoretical starting point, to be able to understand the legal consciousness of the police commissioner and defense lawyer. The result of this paper presents the legal consciousness of the two different actors as opposed to the introduction of anonymous witnesses. The conclusion is that a clear stance on anonymous witnesses is needed to be able to discourage organized crime in the most effective way. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9018829
- author
- Flórez Toscano, Atila LU and Keseric, Alexandra LU
- supervisor
- organization
- course
- RÄSK02 20201
- year
- 2020
- type
- M2 - Bachelor Degree
- subject
- keywords
- Rättsmedvetande, aktörer, anonyma vittnen, rättssäkerhet, rättstrygghet
- language
- Swedish
- additional info
- The authors contributed equally to the article.
- id
- 9018829
- date added to LUP
- 2020-06-25 08:43:23
- date last changed
- 2020-06-25 08:43:23
@misc{9018829,
abstract = {{To protect the rights of the individual or to ensure legal certainty where witnesses should not be affected by reprisals is the question raised in the debate for anonymous witnesses. Therefore, is this essay based on understanding how a police commissioner and a defense lawyer's legal consciousness can be understood based on the topic of anonymous witnesses. The main problem within the debate is that legal certainty and the rights of the suspect before the court will need to be reduced if a legislative process of anonymous witnesses occurs. At the same time, development around the culture of silence and organized crime is considered to create uncertainty in the society. The problem then arises in a gap between current law and social practice.
The method that has been used is semi-structured interviews of a police commissioner and a defense lawyer. In order to analyse the interviews that were conducted, it was done on the basis of the theoretical concept of legal consciousness which describes how the actors' perspectives on the law are designed. The relevance for sociology of law thus becomes, on the basis of the theoretical starting point, to be able to understand the legal consciousness of the police commissioner and defense lawyer. The result of this paper presents the legal consciousness of the two different actors as opposed to the introduction of anonymous witnesses. The conclusion is that a clear stance on anonymous witnesses is needed to be able to discourage organized crime in the most effective way.}},
author = {{Flórez Toscano, Atila and Keseric, Alexandra}},
language = {{swe}},
note = {{Student Paper}},
title = {{Anonyma vittnen: en analytisk studie gällande en poliskommissarie och en försvarsadvokats rättsmedvetande}},
year = {{2020}},
}