Legal Research 2017 - Alde, Dulay, Guion

Researchers: Janille Alde / Godelieve Dulay / John Cezar Guion
Title:
Citizen’s Arrest: Empowerment or Endangerment
Abstract:
In a society where the state monopolizes the use of force, citizens are in principle
excluded from the enforcement of law, and forceful responses from citizens are thus
forbidden. Historically, the criminal justice system and criminal norms have sought to
eradicate forms of eigenrichting. In the legal sciences, almost every definition of
eigenrichting deals with the limits to it. Some commentators consider that anyone who
acts in eigenrichting oversteps legal limits (Kelk, 2005 and Van Wifferen, 2003), while
others note the presence of conflicting normative visions in these acts: of the actor
convinced of acting legitimately, and of the law, which does not allow such action (De
Waar, 1984). However, the law remains silent, and instead of providing a concrete
prohibition for eigenrichting, protects everyone’s civil rights and liberties, allowing their
restriction only when this is necessary to effect law enforcement – in principle, by civil
servants. Our whole legal system rests upon this principle, known as the rule of law as
they developed. The enforcement of laws and the use of forceful means in their
enforcement were trusted to the state’s organs, which for citizens meant a limit: almost
any form of the civil use of physical force was criminalized. From the eighties of the
previous century onwards, however, the traditional limits to eigenrichting seem to have
been in motion. Given the perception of widespread criminality and the inability of police
and the criminal justice system to control it, citizens are called upon to no longer remain
passive when confronted with criminal acts, but to assume responsibilities in the social
control of crime. Citizens are encouraged to act independently, in addition to or instead of
the police. Citizens, it is said, must and also do play a role in the enforcement of the law.
Where previously only the police and professionals were entrusted with this duty, today
the government claims that policing cannot be left to the police alone. And where
previously, individuals and communities were the addressees of a service, today they are
called upon to join a chain of actors in the ‘fight against crime’. This strategy, through
which private individuals are summoned to assume an active role in law enforcement, is
called ‘responsibilisation’ because now the enforcement of laws is also the responsibility
of victims and potential victims. Responsibilisation, as a strategy, is a salient aspect of
the crime control policies in the Western World (Garland 2001). In fact, this aspect is so
salient that some speak of a new paradigm (Crawford 1997). David Garland synthesizes
the responsibilisation strategy with a conglomeration of other aspects in current policies,
to speak of a new paradigm in crime control, which he calls ‘the culture of control’
(2001).
Eigenrichting is composed of the term ‘eigen’, which means private and ‘richting’, which means
direction (Van Dale Etymologish Woordenboek). Etymologically speaking, eigenrichting
therefore means giving a personal direction to things. Popularly speaking however, eigenrichting
is understood, as ‘taking the law into ones owns hands’.
Title:
A Research Study on the Analysis of the Anti Cyber - Bullying Act of 2015 of the
Republic of the Philippines
Research Focus: A research study on the background situation, current legal struggles,
clinical implications and potential preventive steps concerning bullying and cyber
bullying alike.
Abstract: Social Media, which is part of our everyday life, also becomes a centralized hub
for Cyber Bullying. With the increasing number of netizens, it is now a rising concern not
only among Internet users but as well as the authorities and ordinary people.
Legal issues on cyber-bullying are now addressed through laws providing penalties to
those people who are guilty of harassment or cyber bullying. Thus, this research will
explore on the effectivity of applicable laws related to cyber-bullying.
Title:
The Act Of Giving As A Class of Bribe Should Be Treated Legal
Research Focus: How we can cut down the incidence of bribery, focused on the kind of
bribe where people often have to give to get what they are legally entitled to or
harassment bribes.
Abstract: Harassment bribery is widespread in the Philippines, and it plays a huge impact
in breeding inefficiency in government offices and a corrosive effect in civil society. We
propose that we should declare the act of giving a bribe in certain cases as legitimate
activity. In other words, the giver of a harassment bribe should be given full immunity
from any punitive action by the state.

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Researchers: Janille Alde / Godelieve Dulay / John Cezar Guion

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