Becoming ‘European’ through police reform: a successful strategy in Bosnia and Herzegovina?

Police reform plays a key role in Bosnia and Herzegovina’s internationally-supervised statebuilding process. It is one of the four key conditions to move the country closer to its European future. Against this background the article analyses the role that the European Union Police Mission (EUPM) plays in preparing Bosnian police agencies for this challenge. Using as guiding tools some of the key elements of the Mission’s leitmotif—local ownership, European police standards—the article comes to the conclusion that EUPM has introduced much needed reforms but these have been overshadowed, among other things, by the police restructuring process and its unnecessary politicisation of “European police standards/practices” to fit a model of statehood not shared by all local stakeholders.

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‘Standing’ by: disability hate crime and the police in England

This article discusses the Don't Stand By: Hate Crime Research Report (DSB) (Mencap, 2011), which documents failings in policing practices related to reporting and responding to disability hate crime. Such failings, we argue, constitute not so much direct discrimination but acts of ‘normalcy’. Normalcy is the process whereby taken for granted ideas about what is normal become naturalised; in this respect being non-disabled is seen as normal. Acts of normalcy, whilst less tangible, are by no means less violent or harmful than acts of ‘real discrimination’ or ‘real violence’ (Goodley and Rumswick-Cole, 2011). Systemic and cultural normalcy within the police is not new, as can be seen in the case of Stephen Lawrence.     

‘It’s a dead place’: A qualitative exploration of violence survivors’ perceptions of justice architecture

Each year, thousands of victims of violence enter the Canadian criminal justice system and, by extension, justice buildings, such as police stations and courthouses. The architecture and design of these buildings communicate symbolic messages about justice and may influence the emotions, behaviors, and well-being of survivors. This qualitative study explored survivors’ emotional experiences with justice architecture. Findings reveal that survivors experience justice architecture as cold and hard; a facilitator of feelings of insignificance; lacking in privacy and; representative of their raw emotional state. The author discusses implications of these findings for victim engagement in the context of justice spaces.     

‘No banquet can do without liquor’: alcohol counterfeiting in the People’s Republic of China

The illegal trade in alcohol has been an empirical manifestation of organised crime with a very long history; yet, the nature of the illegal trade in alcohol has received relatively limited academic attention in recent years despite the fact that it has been linked with significant tax evasion as well as serious health problems and even deaths. The current article focuses on a specific type associated with the illegal trade in alcohol, the counterfeiting of alcohol in China. The article pays particular attention to the counterfeiting of baijiu - Chinese liquor - in mainland China. The aim of the article is to offer an account of the social organisation of the alcohol counterfeiting business in China by illustrating the counterfeiting process, the actors in the business as well as its possible embeddedness in legal practices, trades and industries. The alcohol counterfeiting business is highly reflective to the market demand and consumer needs. Alcohol counterfeiting in China is characterised primarily by independent actors many of whom are subcontracted to provide commodities and services about the counterfeiting process. The business relies on personal networks – family and extended family members, friends and acquaintances. Relationships between actors in the business are very often based on a customer-supplier relationship or a ‘business-to-business market’. The alcohol counterfeiting business in China highlights the symbiotic relationship between illegal and legal businesses.     

‘Mr Peel’s Amendments’ in New South Wales: Imperial Criminal Reform in a Distant Penal Colony

This article investigates the difficult interface between metropolitan legal reform and empire in the late 1820s. In 1828, the Supreme Court of New South Wales sentenced dozens of men to death under legislation that had been repealed in Britain. It then insisted that every one of them be set free. This mess raised a fundamental question agitated in different ways around the empire in that decade: to what degree should colonial subjects enjoy the benefits of modernized metropolitan criminal law? Even as successive local and metropolitan Acts imposed new constraints on the civil rights of convicts in New South Wales, the Supreme Court insisted that even the most notorious recidivists in the colony should be protected against the Bloody Code from the moment it was reformed at home. In doing so, the court ignored the terms of section 1 of the Criminal Statutes Repeal Act passed at the request of a former East India Company officer to preserve the operation of the Code in India. Thus the peculiar reception controversy in New South Wales shows not only how disruptive metropolitan reform could be for colonies, it performed a growing racial gap in the imagination of legal subjecthood in different corners of empire.     

Pussy Riot and feminist cultural criminology: a new ‘Femininity in Dissent’?

This comment considers the mainstream, online Western news media’s reaction to the imprisonment of three members of the Russian feminist punk band, Pussy Riot, in August 2012. Of particular concern is the band’s style of feminist political protest; it argues that their case is of significance to feminist cultural criminology. Drawing on Young’s analysis of media censuring of feminist political protest as deviance, the contrasting, positive representation in this case of Pussy Riot as dissidents is explored. This positive representation can be understood with regard to Western geopolitical concerns, but also stresses the effectiveness of Pussy Riot in communicating their political message.     

‘The rules are all over the place’: Mass Observation,time, and law in the COVID-19 pandemic

This article analyses practices of pandemic time making that surrounded the imposition and communication of laws restricting daily life in parts of the United Kingdom in spring 2020. With colleagues, we commissioned a Mass Observation Project directive in summer 2020, asking contributors about their everyday experience of time during the COVID-19 pandemic. We analyse how legal temporalities emerge across 228 responses. Initially, law making seemed belated, missing the disruptive temporalities of the pandemic. Once they arrived, pandemic rules were sudden, changeable, and confusing. Mass Observation writers forged clusters of improvised practices – tactics of anticipation – to cope with these unsettling temporalities. Meanwhile, the Hansard Society, the Joint Committee on Statutory Instruments, and legal commentators argued that ‘fast-track’ pandemic law making was error ridden, putting the public at risk of unwitting criminal liability. Attentive to ‘polyrhythmic’ temporalities operating across fields of experience and action, our study underlines the contradictory qualities of apparently resonant constructions of legal time.     

Free voting in a provincial parliament: The case of ‘same‐sex’ legislation in Ontario, 1994

Previous research on parliamentary free voting, which has been confined exclusively to national parliaments and almost exclusively to the British House of Commons, has found relatively little constituency impact on members’ voting decisions, even on the most contentious issues of social policy. Since sub‐national parliaments tend to be smaller, less professionalised, and (arguably) ‘closer to the people’, it is possible that a more significant ‘constituency connection’ might be observed in these legislative arenas. This study extends the literature on this topic by empirically examining the fate of a recent homosexual rights bill in the Ontario Legislative Assembly. Contrary to expectations, none of the constituency characteristics used in logistical regression models generates a significant MLE coefficient, suggesting that Canadian provincial legislators may be even less sensitive to constituency preferences than their national counterparts.     

‘Hotspot policing’: a comparative analysis of sanctioned acts of policing versus media representations of policing in a stigmatized community in Trinidad

The ‘Partial State of Emergency’ implemented in Trinidad and Tobago in August 2011, as well as media broadcasts on the crime situation, has brought to the forefront the high degree of interface between police officers and civilians within the identified ‘hotspot communities’. The assumed realities of these individuals were communicated in such a manner which led to the stereotyping of citizens as marginalized victims and police officers as ‘disrespectful bullies’. The media broadcasts reflected the act of policing as unitary, as opposed to encompassing a wide range of roles for interaction with civilians. These broadcasts revealed a high degree of violent physical displays by police officers, which were perceived as irrational, and in some instances inhumane. Despite community policing initiatives, there seem to be continued instances of problematic relations between police officers and civilians from ‘hotspot communities’. The research examined the sanctioned responses of police officer governing interaction with civilians from one of these communities. It highlighted the extent to which these endorsed reactions are contextually portrayed in media footage. The study described the determinants governing police use of force as evidenced in the media with the aim of providing a direction for redress during interaction.     

Learning to be a ‘Safe’ ex-con: race,symbolic violence and discipline in prisoner re-entry

This article seeks to investigate the ways in which conceptions of race and interact with symbolic violence, discipline and governmentality to produce a responsibilized subject willing to participate in the racialized forms of deference necessary for participation in the secondary labor market. It is based on three years of ethnographic fieldwork conducted in a Career Development class in an agency that serves formerly incarcerated individuals who are primarily African American males. In order to meet job placement goals, the agency has focused job development efforts on the secondary labor market. The article focuses on the tensions that develop as program staff attempt to prepare class participants to accept these positions.     

Food Fraud and the Partnership for a ‘Healthier’ America: A Case Study in State-Corporate Crime

At a moment of heightened public concern over food-related health issues, major corporations in the food industry have found their products and practices under scrutiny. Needing to be understood as socially responsible, these corporations have established partnerships with the state to construct a positive, proactive, and cooperative public image. One major public–private partnership that evolved from former First Lady Michelle Obama’s Let’s Move initiative—the Partnership for a Healthier America—serves as a case study in this paper, which analyzes the consequences and social harms perpetuated by a public health campaign bound by the imperative to maximize profit. By using trusted state actors to deliver accurate but deceptive claims about food companies’ commitment to public health, this public–private partnership actively misleads the public and potentially exacerbates public health challenges, warranting a skeptical revision of how we understand corporate social responsibility and neoliberal governance on issues of health and nutrition. As a form of fraud, these attempts to mislead the public go beyond the actions of public sector individuals or members of corporate boards, but are structurally incentivized by the legal rights, regulatory privileges, and profit-related incentives central to the modern corporate form. While conventional criminological research tends to underemphasize state and corporate harms, we make use of a critical criminological perspective to analyze state-corporate partnerships in the space between food industry practices and public health policy.     

‘Coping with the job’: prison staff responding to self-harm in three English female prisons: a qualitative study

This study considers how those who work in prisons are affected by and respond to repetitive self-harm of imprisoned women in English prisons. This paper considers the perspectives of custodial staff working in this area on a day-to-day basis. Semi-structured face-to-face interviews were conducted with 14 prison staff and explored using techniques of thematic analysis. The interviews examined: the emotional impact of working with and witnessing self-harm incidents, coping strategies used, training and the support available to prison staff. Findings indicate the strategies used by staff to cope emotionally with such incidents and these include presenting a ‘façade of coping’, rejecting support and becoming desensitised. It is concluded that staff felt they must portray themselves as coping well with self-harm in prison even when they were troubled and emotionally affected by it. However, some did describe accepting help when outside of the prison and this has implications for how support can be offered in the future. It is recommended that more should be done to support and train staff in this area.     

Restricting the import of ‘emission credits’ in the EU: a power struggle between states and institutions

This article examines the development of a cap on the use of so-called ‘project credits’ in the EU emissions trading scheme. It investigates how the issue of such a limit was addressed in the negotiations of the Linking Directive, and how it has been dealt with in the later implementation of this directive. The article applies two explanatory approaches: one based on intergovernmentalist theory, assuming that the cap reflected the preferences of the EU Member States; and one based on the multi-level governance model, assuming that the cap expressed the preferences of EU institutions rather than Member States. What is found is a two-stage development: during the negotiations of the Linking Directive, Member States managed to secure a no-cap solution allowing extensive use of the project credits. In the later implementation phase, however, when the emissions trading scheme was up and running and a certain legitimacy for the system had been established, the Commission managed to ‘regain control’ by bringing back a cap. Thus, the project credit cap—and by that, the very nature of the EU emissions trading scheme—has been the subject of a continuing power struggle within the EU—and different theoretical perspectives explain different stages of this process.     

The Ambivalent Notion of ‘Fundamental Breach’ in Indian Law of Contract: Towards a New Paradigm

Liverpool Law Review - This paper analyses the concept of fundamental breach under Indian law of contract. In doing so, it provides a comparative assessment with English law. It examines some...     

‘Joe everyday,people off the street’: a qualitative study on mediators’ roles and skills in victim–offender mediation

This qualitative study examined multiple perspectives of participants who experienced a Victim–Offender Mediation (VOM) program in a Midwestern city in the United States. Of particular interest are the roles and skills of mediators. Data consisted of 34 face‐to‐face interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators and representatives from referring agencies. Insider perspectives regarding the roles and skills of the mediators in restorative processes were revealed through personal stories. Although the majority of the participants reported that the roles and skills of mediators were consistent with restorative justice principles, this exploratory study also revealed that some roles and skills exhibited by mediators were inconsistent with restorative justice values, which shows the variance of ‘real world’ restorative justice. Recommendations are made to promote mediators’ roles and skills that are compatible with restorative justice principles.     

Home: A Vehicle for Resistance? Exploring Emancipatory Entanglements of ‘Vehicle Dwelling’ in a Changing Policy Context

This article begins with a reflection on Phil Thomas’ work, as well as on the way in which the Journal of Law and Society has pioneered scholarship in this field. Drawing on my own experiences as a researcher and campaigner, and my ‘insider’ status as a van dweller, I articulate why many have sought alternative modes of living, reflecting on ideas about freedom and anarchism, the importance of ‘home’, cultural preference, and escaping the housing crisis. I note that Wales and other European states, such as Portugal, provide a much warmer welcome and space for diverse Travellers; some are already planning their escape routes before the consequences of Brexit and new trespass legislation unfold. In an already hostile and rapidly changing context, it appears that the ontological security of vehicle dwellers is increasingly under threat. As well as giving a voice to these communities, the article also represents a much-needed call to action.     

‘Feeling like a sponge’: the emotional labour produced by solicitors in their interactions with clients seeking asylum

Immigration solicitors working within the field of asylum law are required to deal directly with asylum applicants in their everyday work. They are, therefore, expected to perform emotional labour as part of their job. This small empirical study focuses on pre-substantive meetings of solicitors with clients, analysing the form and extent of the emotional labour produced, its origins, and the potential negative and positive consequences resulting from that performance.

Following a brief overview of emotional labour, the research methods will be outlined. The findings, which result from the analysis of interviews, show that this is a highly specialised job involving the performance of diverging emotional displays. Intense emotional displays of empathy are expected to gain the trust of clients. However, these emotions have to be managed to maintain the perceived professional integrity of the solicitor. This is achieved by concentrating on the legal aspects of the case to present a form of ‘detached concern’. This enables the task to be completed efficiently, as well as fulfilling the emotional demands of the job. However, balancing these different emotional displays can be hard work, and can lead to less experienced solicitors admitting reliance on surface acting to present expected emotional displays. This often results in emotional dissonance producing negative consequences such as decreased task efficiency, stress and depression.

The paper concludes with a discussion of the findings and proposals for future research. The importance of performing emotional labour is highlighted. Focus is also placed on the professional socialisation of immigration solicitors, and specifically the training undertaken. It is suggested that more explicit training in emotion management skills might ameliorate the potentially negative consequences of performing emotional labour. Following this will be a brief discussion of future research to be undertaken.     

Accumulating meaning,purpose and opportunities to change ‘drip by drip’: the impact of being a listener in prison

Established in 1991, the Listener scheme, regulated by the Samaritans, is currently the best-established peer support scheme in place to help reduce suicide in prisons. Each prison Listener team is comprised of a group of inmate volunteers who provide face-to-face emotional support to their peers. Although the scheme has been in operation for over 20 years, empirical research on the scheme is limited. A deeper understanding of how being a Listener affects prisoners' attitudes, beliefs, emotions and experiences of imprisonment is needed. The present study is a qualitative analysis on the experience of being a Listener and the impact it has on individuals and their prison experience. Interviews were analysed using interpretative phenomenological analysis. The analysis revealed two main superordinate themes: ‘Listening and Personal Transformation’ and ‘Countering Negative Prison Emotions’. These themes are unpacked and the analysis focuses on their implications for desistance and offender reform. Results suggest that prisoners who adopt Listener roles experience profound internal changes, shifts in self-identity and gain meaning and purpose from prison. Implications for how such schemes may be utilised in the future and suggestions for further research are offered.