Policing protest,security and freedom: the 2014 G20 experience

This article examines the policing of a major international political event (the G20 Meetings in Brisbane, Australia in 2014) from the perspective of the police and representatives of demonstrator groups who participated in the event. The article locates the policing of the 2014 G20 meetings within the history of the policing of major international political meetings in other countries. It analyses the legal framework within which the policing of the Brisbane G20 meeting was undertaken, comparing and contrasting these with legal frameworks developed for similar meetings and associated demonstrations in other jurisdictions. In the case of the Australian G20 Act, the legislation prioritized security over human rights, including the freedoms of expression and peaceful assembly. The strategies and planning processes applied by police in the lead up to the G20 are discussed, including the efforts made to ensure policing responses were respectful of the democratic rights of protesters. Drawing on interview and other data, the article reveals a diversity of perspectives on the ‘human rights’ policing and dialogue models, and provides an assessment of ‘Operation Southern Cross’ based on the post-event review of the G20 legislation undertaken by the Queensland Crime and Corruption Commission. The authors conclude that the policing of G20, based on extensive dialogue and minimization of coercive public order strategies, fostered a peaceful G20 event. The article concludes with observations about the perceived success of G20 policing in Australia, and indicates some lessons learned for best practice policing for future global events.     

Applying Precaution in EU Authorisation of Genetically Modified Products—Challenges and Suggestions for Reform

In this article, I endeavour to examine concrete challenges that arise with regard to implementation of the precautionary principle in the field of European Union regulation of genetically modified organisms (GMOs). Developed by the European courts into a general legal principle, precaution requires EU regulators to strike a balance between scientific and political legitimacy when taking decisions on risk‐entailing products. Following this understanding, the current GMO legislation creates precautionary governance structures that allow for a broad input into the authorisation process, not only of scientific, but also of ‘other legitimate factors’. At the same time, it can be criticised for narrowly defining precaution as a decision rule, which, if applied correctly, will lead the decision maker to the ‘right’ decision. I argue that this misconception is one of the reasons why, in the current authorisation practice, the EU institutions fail to apply the principle in a balanced way, falling into the extremes of either purely science‐based decision making or a highly politicised precautionary rhetoric. I suggest that in order not to be paralysing, precaution should be understood as a procedural principle that provides for precautionary governance, thus enabling regulators to make appropriate risk choices.     

Drug Globalization: Eventual Legalization of Beer in Iceland and Marihuana Decriminalization in the USA

This article discusses whether different motivations for and perceptions of the police role, either as ‘law and order‐oriented thrill‐seekers’ or as ‘social workers’ lead officers to adopt different approaches towards the public. The first category police rank‐and‐file officers' desire for action and excitement, causing them to perceive policing as a mission, also causes them to have a distorted view of reality whereby they perceive members of the public either as significant adversaries or as insignificant ones. For them, ‘real police work’ means chasing and catching villains, and this delusional picture of what policing is may lead them to enlarge and redefine ‘insignificant criminals’ and thus perceive them as ‘villains’ who merit and justify police targeting. However, as these insignificant criminals—beggars, drug addicts, vagrants, ethnic minority youths, and drunks—are not perceived as actually ‘significant adversaries’, the targeting of and encounters with them also produce fatigue in police officers as these activities fail to comply with many police officers' desire to ‘catch the villain’, and the encounters are repetitive and tedious. Police fatigue and stereotyping may entail cynicism due to the ways in which some groups respond to police targeting, such as accusing the police of racism or threatening them with complaints. It is argued that the first type of police officers to a larger degree will experience fatigue and cynicism than the second type of officers—‘the social workers’—who are motivated by a will to ‘help others’, and who receive more rewarding responses from the public.     

A four-phase process for translating research into police practice

ABSTRACT

This article presents a framework that extends the discussion of translational criminology and the dynamic process of translating research to practice. The goal is to provide an explicit dissection of the translation process into four phases to help outline a structured way of thinking about how to incorporate research into police practice. The four-phases include: Phase I: ‘Does it Work?’ Research and Evaluation; Phase II: ‘What Works?’ Synthesis and Dissemination; Phase III: ‘How to Make it Work?’ Implementation and Evaluation; and Phase IV: ‘Make it Work!’ Institutionalization and Sustainability. The process is founded in implementation science and the ‘Knowledge to Action’ model (KTA) used in the medical and public health fields, as well as current translation activities for policing, and the authors’ experience as practitioners, researchers, and ‘translators’ over the last 25 years. It is the hope that parsing out four distinct phases for the translation of research to practice will assist researchers and police leaders to identify and fill gaps in current and future translation activities.     

The Effect of Paramilitary Protest Policing on Protestors' Trust in the Police: The Case of the “Occupy Israel” Movement

The use of paramilitary methods in civil policing tasks has become common in Western police agencies. Despite propositions that such methods should undermine the relationship between the police and the public, the effect of paramilitary policing on public trust in the police has not been empirically tested. In the present study, we examine this question in the context of protest policing, which has become a major concern for Western police agencies. Using a survey of 470 protesters who participated in “Occupy” protest events in Israel in 2012, we find that the perceived use of paramilitary methods has an independent and negative effect on trust, stronger than that of police effectiveness and the “neutrality” component of procedural justice. In‐depth interviews suggest that the significance of paramilitarism may be the result of a sense of alienation and criminalization it elicits among protesters who generally perceive themselves as law‐abiding citizens.     

The Legal Profession as Gatekeeper to the Judiciary: Design Faults in Measures to Enhance Diversity

The gate‐keeping role played by the legal profession in the judicial appointments process gives rise to the translation of entrenched group‐based identity hierarchies from legal practice into the judiciary. The relationship between the composition of the legal profession and the judiciary has been almost completely unaffected by recent reforms designed to increase diversity in the composition of the judiciary. This article identifies legal and institutional defects which help to explain the failure to disrupt the reproduction of these patterns of appointment. We identify two particular defects which we call ‘soft target radicalism’ and ‘regulatory bind’ as important factors inhibiting change. We conclude that if the legal profession is to retain its gate‐keeping role, equality law which directly regulates legal practice should be strengthened and the regulatory binds in which the Judicial Appointments Commission and other public entities are caught should be loosened.     

In Search of Civic Policing: Recasting the ‘Peelian’ Principles

For over a century the so-called ‘Peelian’ principles have been central to the self-understanding of Anglo-American policing. But these principles are the product of modern state-building and speak only partially to the challenges of urban policing today. In fact, they stand in the way of clear thinking and better practice. In this paper, I argue that these principles ought to be radically recast and put to work in new ways. The argument proceeds as follows. First, I recover and outline the current ‘Peelian’ principles and argue that they lack the specificity, sufficiency and status required in order to do real work in the governance of policing. Second, I make the case for principles both as a regulative ideal guiding our aspirations for what policing can become and as a means of regulating police work in the here-and-now. I then develop a revised set of principles and indicate, in conclusion, how they can guide the formation of trust-producing and democracy-enhancing practices of civic policing.     

Initiating customer/police interaction in the UK: Early insights from research

Policing does not exist in a social, political or economic vacuum. As the task of policing becomes ever more complex, policing in the UK should explore innovative ways to remain effective. The notion that the public are the ‘customer’ is relatively new within the policing world and there is an increasing emphasis to ensure that the police maintain and preferably increase the public’s perception of the organisation. In the main, the public contact the police for some form of service and in times of austerity; police services across the country are attempting to align their service and organisational structures to customers’ needs in order to provide an economic and efficient service. In order to do this, the needs of those who receive the service need to be considered as the first step in this process. This article, based on recent research explores how customers engage with and contact the police and by better understanding the dynamics and intricacies of such contacts, may allow the police service in England and Wales to better understand customer preferences.     

‘Catching’ and ‘Targeting’: Risk‐Based Policing,Local Culture and Gendered Practices

The aim of this article is to explore cultural and practical aspects of the growing use of information and communication technology (ICT) in policing. By using empirical research on policing in Norway, the focus will be on how ICT is used as a crime prevention instrument in everyday police work and culture. The transition, which the new technologies mediate, will be explored by focusing on concepts of risk and materialization of risk‐based policing at the practice level in two cases: 1) a special unit fighting serious and organized crime utilizing proactive policing methods, police informers, crime profiling and databases, and 2) a police station focusing on low‐level crime by using a problem‐oriented policing model, transmitting responsibility for personal security onto identified ‘problem‐owners’.1 ‘Problem‐owner’ is a notion used by the police in the two cases. It is referring to the POP‐model, and whom they identify as important to participate in the risk‐management. According to Wright (: 121): “Partnership refers to a purposeful relationship between the police and the public or between the police and other agencies in the field.” Based on an examination of risk phenomena as contextual, embedded in practice and cultural settings, various stories about risk management will be told. The stories reflect different control strategies in the crime control discourses, and point to how risk‐based technologies are shaped and adapted in occupational culture and practice. The article illuminates the importance of studying the empirical complexity ICT is used in, and looks towards, to paraphrase O'Malley and Palmer (), ‘firewalls of resistance’ in the local occupational culture, that are preventing full integration of risk tools.     

The Priority of Liberty: An Argument from Social Equality

John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political philosophy, but it has received relatively little defense from Rawls or his supporters. In this paper, I examine three arguments for the thesis: the first is based on the two ‘moral powers’; the second, on the social bases of self-respect; and the third, on a Kantian notion of autonomy. I argue none of these accounts successfully establishes 1) the distinct claim of lexical priority, 2) for the complete package of basic liberties (including the fair value of the political liberties), on the basis of reasons that are appropriately public. In turn, I propose an alternative argument, in support of those two claims, based on the social or ‘relational’ conception of equality.

     

Convergence repertoires: anti-capitalist protest at the 2010 Vancouver Winter Olympics

This article introduces the term ‘convergence’ in order to explain a distinctive repertoire of protest events in which the following are present: (1) activists with an ideologically anti-capitalist orientation; (2) engage in property destruction; (3) travel from outside of the site of the protest event; and (4) solicit a determinable police response. Convergences have emerged as a subset of the alter-globalization movement since the ‘Battle in Seattle’ in 1999. Convergences have since emerged in resistance to meetings of global financial institutions, political primaries, and recently, the Olympic Games. We examine the logic that activists use to weave resistance to these disparate targets together. In this article, we arrive at this finding inductively, paying particular attention to convergence events at the 2010 Vancouver Olympic Games. Narratives around convergence repertoires allow activists to link seemingly disparate actors with similar and predictable performances.     

Legitimate Force in a Particularistic Democracy: Street Police and Outlaw Legislators in the Republic of China on Taiwan

This article explores a “particularistic” concept of legitimacy important to Taiwanese democracy. This form of legitimacy, I suggest, has been instrumental for Taiwan's successful democratic consolidation in the absence of the rule of law. As evidence, I combine ethnographic observation of neighborhood police work with historical consideration of a type of political figure emergent in the process of democratic reform, which I call the “outlaw legislator.” I focus my analysis on the institutional and ideological processes articulating local policing into the wider political field. The center of these processes is a mode of popular representation that positions the outlaw legislator as a crucial hinge articulating the particularistic local order with central state powers. By analyzing the cultural content of the dramaturgical work used to reconcile low policing with higher‐level state operations, this article shows how a particularistic idiom of legitimacy helps hold Taiwanese democracy together.     

Transformation of Macau policing: from a Portuguese colony to China’s SAR

This study examines policing in Macau and identifies major forces that have shaped its transformation over past decades. Prior to 1999, Macau was a Portuguese colony. Its criminal justice system inherited key features of the Continental system, including two independent law enforcement agencies: the Judiciary Police and the Public Security Police. In the colonial era, expatriate commanders drawn from the military or legal professions headed both departments, while the rank-and-file was composed mainly of local Chinese. This policing mechanism, together with the ‘laissez-faire’ policing philosophy adopted by colonial leaders, created segregation between policing agencies and the community. Citizens preferred minimal interaction with police, since they were skeptical about their professionalism, capability, and reliability. Macau became part of the Peoples’ Republic of China in 1999. The de-monopolization of the gaming industries in 2002 brought huge GDP growth, but generated internal social conflict. Growing public demand for accountable governance motivated a series of governmental reforms, some of which have extended to policing. These reforms have improved the transparency of policing, but it remains to be seen if they will ultimately succeed in generating public trust in the police forces.     

The 'Checks and Balances' Doctrine in Member States as a Rule of EC Law: The Cases of France and Germany

Abstract: Though the impact of EC law on the legal status of national powers has been fairly well examined, little attention has been paid to the overall evaluation of the relations developed between national authorities. The paper argues that the mutation of the Judiciary and the Executive role vis‐à‐vis the Legislature appears to be an application of an emerging doctrine in EC public law that conspicuously resembles the ‘Checks and Balances’ theory of American constitutionalism. The action of one public authority is—or must be—countered by the reaction of another for the benefit of EC law. Apart from identifying the features of this ‘principle’ in comparison to its equivalent American doctrine, the paper deals with the question of a possible coexistence of this new model of governance with the traditional one. The comparative perspective is necessary here. Whereas in Germany the constitutional model appears to cope with European demands, in France it seems largely opposed to such a dynamic conception of the separation of powers.     

Ethno-National Narratives of Human Rights: The Northern Ireland Policing Board

Policing in Northern Ireland has undergone one of the world's most extensive human rights reform programmes. The challenge has been whether the human rights paradigm can serve as a mutual basis for the region's sparring ethno-national communities to deliberate over long-contested issues of policing, accountability and justice. This article focuses on the Northern Ireland Policing Board as an arena to examine the contemporary political attitudes and agendas that animate the Board's statutory duty to monitor policing on the basis of human rights. Marshalling qualitative data and drawing on legal anthropology, this article offers an account of the ‘social life’ of human rights and policing in the context of Northern Ireland's imperfect peace. It argues that, irrespective of legal standards, human rights oversight harbours deep sentiments and concerns, at the heart of which are communities’ own historical engagements with rights, competing legacies of the conflict and divergent understandings of contemporary policing.     

A Fresh Look at Stock Market Short‐termism

In this article, we develop a novel understanding of stock market short‐termism as a social phenomenon. Contrary to formerly popular academic belief, short‐termism is a problem that is highly unlikely to be structurally self‐correcting. An important driver of short‐termism typically elided within standard legal‐academic analyses is the informational centricity of modern stock markets, and resulting pressure on corporate managers to generate fresh ‘news’ indicative of perceived business ‘progress’. We highlight the growing enthusiasm of policy‐makers for a discriminatory ‘two‐tiered’ approach to public company investor relations. Accordingly, long‐term and committed investors are expected to be brought into the company's governance ‘inner circle’, while other investors are implicitly relegated to lowertier ‘outsider’ status. We argue that this supports a discriminatory approach to the allocation of voting entitlements in newly listing companies, enabling committed investors to develop cooperative and sustained governance relations with management unencumbered by ‘outside’ stock market pressures for short‐term financial‐performance outcomes.     

The ECB's performance under the ESM treaty on a sliding scale of delegation

Two opposing theories explain the European Central Bank's (ECB) far‐reaching powers: principal‐agent and trusteeship. This article situates both theories on a sliding scale of delegation, with agents on one end of the spectrum, and trustees on the other. Applying this new perspective to the European Stability Mechanism (ESM) allows us to understand how the ECB, positioned on the agent side of the scale by the ESM Treaty, slides towards the trustee side in practice. This way, the article identifies two problems. Firstly, the ECB assumes a ‘zone of discretion’ that is not captured by the control mechanisms, thereby disregarding an essential feature of delegation. Secondly, the rationale of the Meroni doctrine, judicial review, is disregarded given the insufficient protection against the ECB's actions. These findings become increasingly important with the long‐term aim to incorporate the ESM in the EU legal order.     

Interpreting the Political Theory in the Practice of Human Rights

In this discussion of The Heart of Human Rights, I support Allen Buchanan’s pursuit of a theory-in-practice methodology for interpreting the foundations and meaning of international legal human rights from within the practice. Following my use of that methodology, I recharacterize the theory of rights revealed by this methodology as political not moral. I clarify the import of this interpretation of international legal human rights for two problems that trouble Buchanan: (1) whether the scope of ‘basic equal status’ is a global or an ‘intrasocial’ standard and (2) whether there is a ‘proliferation’ of rights that risks undermining the legitimacy of international legal human rights. I argue that the scope of basic equal status is global and that the practice of making what he calls ‘new’ rights claims is part of the practice of human rights.     

Disruption is Not Permitted: The Policing and Social Control of Occupy Oakland

Negotiated management—various forms of communication, collaboration and cooperation between police and protest organizers, often taking the form of protest permits—has been mainly theorized as a means to mitigate police violence while respecting protesters’ 1st Amendment rights. A few theorists have problematized this view, suggesting that negotiated management is a form of social control that puts various restrictions on dissent. Drawing from my research on Occupy Oakland, I build upon these critiques to illustrate how negotiated management was used as a tool of repression in two key ways, and how newer forms of repression (strategic incapacitation) are still enmeshed in its logic. First, by criminalizing legal activity among protesters, through the use of a permit, who were then subjected to police repression. Second, I show how negotiated management as a normative structure of protest was used as a form of repression, even when communication and cooperation with police were clearly rejected by the movement. I illustrate how the refusal of negotiated management was used to discredit the movement and subject it to physical repression. Rather than seeing negotiated management as an alternative to police repression and strategic incapacitation, I argue that they are two sides of the same policing project, the primary aim of which is to prevent disruptive protest.     

Shadow Writing and Participant Observation: A Study of Criminal Justice Social Work Around Sentencing

The study of decision‐making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio‐legal researchers get inside the heads of legal decision‐makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate the decision‐making practices of criminal justice social workers in writing pre‐sentence reports for the courts. This technique, called ‘shadow writing’, involved a particular form of participant observation whereby the researcher mimicked the process of report writing in parallel with the social workers. By comparing these ‘shadow reports’ with the real reports in a training‐like setting, the social workers revealed in detail the subtleties of their communicative strategies embedded in particular reports and their sensibilities about report writing more generally.