Governance, accountability and neighbourhood policing in Northern Ireland: analysing the role of public meetings

In Northern Ireland??s move from conflict to peace, policing has remained close to the top of the political agenda. As part of the peace process, the Independent Commission on Policing (ICP) reported in 1999, and since its publication policing structures in Northern Ireland have undergone considerable reform. One of the threads of the ICP was to introduce a more nodal or networked approach to the delivery of policing that included the establishment of partnership policing structures. Against this backdrop, this article evaluates the use of the recently established Partners and Communities Together (PACT) public meetings in their role as a tool in re-shaping the parameters police accountability in Northern Ireland. The model is explicitly promoted as fostering a more nodal approach to local police decision making by engaging with a more diverse range of groups and harnessing the knowledge of local agencies to solve crime and disorder problems. Therefore, enhancing the accountability and legitimacy of the PSNI at the local level. In these contexts, the article utilises data taken from fieldwork undertaken at these public meetings and critically considers their role as forums where communities bring low level disorder issues that are affecting their neighbourhood to the attention of the PSNI, and whether they help solve these issues in partnership. The article therefore offers an examination of the role of public meetings and the PACT model itself.     

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.     

Police Powers and Accountability in a Democratic Society: Introductory Report

This article by general rapporteur Joachim Kersten introduces the reports which were presented at the Twelfth Criminological Colloquium, organised by the Council of Europe in Strasbourg, from 24-26 November 1999. Europe is undergoing a phase of rapid change. This affects the conditions of policing in each country and on the European continent as a whole. It is actually the legal, political and cultural context of policing that is undergoing rapid change. This colloquium and earlier ones carried out by the Council of Europe served a crucial purpose: they are an assessment in the European context of what is happening in relation to the police, police ethics and human rights in democratic societies.     

Policing in the Hyde Park neighborhood, St. Louis: Racial bias, political pressure, and community policing

Policing in the inner-city neighborhood of Hyde Park is evaluated against a backdrop of racial polarization within the city of St. Louis and political pressures upon the St. Louis Metropolitan Police Department (SLMPD). Data garnered from immersion into Hyde Park community life, participation in and observation of numerous police/community meetings, document analyses, a focus group session with rank-and-file police officers, interviews with a sergeant and the captain of the Police Fifth District, and numerous informal conversations with residents and police officers provide evidence of poor community/police relationships. The data also provide evidence—on the part of police—of racial bias, lack of and/or poor understanding of the underlying causes of criminal behavior, pervading adventure and excitement lures toward police work, and a less than adequate understanding of the community oriented problemsolving (COPS) policing initiative. An underlying theme of little or absent informed locus of control at various levels regarding policing practices links issues of poor police/community relationships and the influence of racial bias and political pressures.     

What police want from liquor licensing legislation: the Australian perspective

Qualitative interviews were undertaken with 53 Australian police officers with specialist expertise in liquor law enforcement to ascertain their perspectives concerning the liquor licensing legislation in Australia’s eight states and territories. Respondents generally indicated that current arrangements favoured the interests of the alcohol industry and did not sufficiently empower them to reduce alcohol-related harms. Other key themes included: ambiguity surrounding the police role in liquor licensing; difficulties in enforcing drunkenness-related offences; partnerships; strategies to enhance enforcement; data/intelligence gathering; and the separation of Ministerial responsibilities for liquor licensing and policing. Overall, police in Australia are not currently being given the tools they require to effectively reduce alcohol-related harms.     

“We’re Not Like These Weird Feather Boa-Covered AIDS-Spreading Monsters”: How LGBT Young People and Service Providers Think Riskiness Informs LGBT Youth–Police Interactions

Research has suggested that lesbian, gay, bisexual and transgender (LGBT) young people are “at-risk” of victimization and/or legally “risky.” Relatively few studies have examined the social construction of risk in “risk factor” research and whether risk as a concept influences the everyday lives of LGBT young people. This article reports how 35 LGBT young people and seven service provider staff in Brisbane, Queensland, Australia perceived LGBT youth–police interactions as reflecting discourses about LGBT riskiness and danger. The participants specifically note how they thought looking at-risk and/or looking risky informed their policing experiences. The article concludes with recommendations for improving future policing practice.     

香港社区警务制度及其影响探究

社区警务是20世纪末在国际范围内兴起的一种适应市场经济体制的警务模式,这种模式已经成为国际警务发展的大趋势。作为原英国殖民地,香港的法律制度和警察体制都深受英国警务制度的影响,从而形成了具有香港特色的较为严谨的法律体系和专业警察队伍。20世纪70年代,英国的社区警务制度在香港悄然兴起,并在遏制犯罪和促进警民关系等方面起到积极作用,形成了相对完整、系统的社区警务模式。香港回归以来,内地公安机关逐渐引入香港先进的警务模式和理念,从而对大陆的警务政策的制定和警民关系的维护产生了巨大的影响。     

Lessons from Orgreave: Police Power and the Criminalization of Protest

In October 2016, the Home Secretary ruled out a public inquiry into the ‘Battle of Orgreave', arguing that ‘very few lessons’ could be learned from a review of practices of three decades ago. It was suggested that policing has undergone a progressive transformation since the 1984–5 miners’ strike, at political, legal, and operational levels. This article, in contrast, charts a significant expansion of state control over public protest since the strike, including a proliferation of public order offences and an extension of pre‐emptive policing powers. Whilst concerns have been raised about the impact of these developments on protest rights, there is an absence of socio‐legal research into the operation of public order powers in practice. In this article, I begin to fill this lacuna. Drawing on three empirical case‐studies of protesters’ experiences of arrest and the criminal justice process, I highlight the relevance of Orgreave for contemporary policing practice.     

Social capital in Scottish and Danish neighbourhoods: paradoxes of a police–community nexus at the front line

Community-oriented social capital strategies and punitive-oriented policing approaches conflict. Establishing local networking initiatives with community-oriented policing at the centre lends itself to an assets-based policing approach, based on honouring, mobilizing and extending the assets of community members. Scholars argue about the need for comparative research on convergences and divergencies across subcultures on the streets and communities. Based on qualitative data gathered from working class communities in Scotland and Denmark in 2014, the article draws inspiration from community-generated theory of social capital to explore the micro-sociology of experiences and understandings about community–police integration policy initiatives. We use this perspective to argue that the building of positive inter-generational and police–community relationships is the result of social exchanges and officers’ use of what we call ‘constructive investment strategies’. Ironically, our insights from Scotland to Denmark also suggest what appear as positive achievements of community policing may instead intensify residents’ negative perceptions of police officers and organizations. In this way, the article illuminates the tangled and conflicted nature of these embedded symbolic interactions, social capital formations and the latter’s form as a potential positional and ‘tribal’ commodity.     

AIDS Audit – HIV and Human Rights: An Australian Pilot

This article explores the Australian pilot of a human rights audit using ten indicators in the specific area of HIV/AIDS. The new methodology has three main roles: a monitoring device to measure human rights protection in a jurisdiction's legal system against international standards; an intervention to raise local dialogue and consciousness of rights-based legislation; and an advocacy tool to stimulate law reform. It uses a tripartite process balancing independent experts, government, and community representatives. This approach attempts to overcome some of the democratic deficits identified by Power's hypothesis on the explosion of regulatory audits (1997).     

Racial profiling and searches: Did the politics of racial profiling change police behavior?*

Research Summary Scholarly research has documented repeatedly that minority citizens are disproportionately stopped, searched, and arrested relative to their baseline populations. In recent years, policymakers have brought increased attention to this issue as law‐enforcement agencies across the United States have faced allegations of racial profiling. In the 1990s, the politics generated by accounts of racially biased policing placed heightened pressure on law‐enforcement agencies. However, to date, few studies have explored whether the increased social and political scrutiny placed on police organizations influenced or changed their general pattern of enforcement among black and white citizens. Using data in the search and citation file from the North Carolina Highway Traffic Study, this research specifically examined whether the politics generated by the media coverage of racial profiling and racial profiling legislation in North Carolina influenced the search practices of officers of the North Carolina State Highway Patrol's drug interdiction team. The findings suggest that media accounts and the passage of new legislation were particularly powerful influences, which thereby reduced racial disparity in searches. Declines in the use of consent searches and an increased probability of finding contraband also were influenced by the politics of racial profiling. Policy Implications The results of this study suggest several important policy recommendations. First, law‐enforcement agencies must monitor the policing practices of their officers because such supervision can influence officer compliance with fair and unbiased policing policies. Next, supervisors need to familiarize themselves with enforcement data to identify potential problem officers and organizational practices. By doing so, police organizations will not only increase officer accountability but also will potentially improve communication with their local communities. Such communication can empower community members to file charges against officers who violate their civil rights. Next, the media and political effects documented in this study suggest that external oversight can be particularly influential on police practices. Therefore, police agencies should consider developing a citizen complaint board, which is an external oversight board that would be responsible for investigating allegations against officers who engage in racial profiling or other racially biased enforcement practices. Such a board could assist police administrators in identifying problem officers as well as in making recommendations for corrective action. Finally, external social and political pressure must continually be placed on police forces to improve equity in police behavior. These external forces can assist in creating opportunities for police to increase the overall quality and efficacy of policing.     

Changing housing policy: women escaping domestic violence

Domestic violence has risen up the political agenda, as women's action has inspired changes in police, social work and legal practice. At the same time, one of the oldest pieces of legislation that protected women from violence - the Homeless Persons Act of 1977 - has been transmuted into the Housing Act of 1996. This legislation was introduced by a Conservative government, which was anxious to reduce the rights of homeless people to secure permanent accommodation, on the grounds that these rights gave incentives to pregnancy, lone parenthood and economic migrants. New Labour have softened the Housing Act to give more scope to local authorities to respond to homelessness. This article asks: What are the implications of changing homelessness rights under this legislation and subsequent regulations for women's ability to escape violent relationships and find long term solutions to the housing needs which domestic violence creates? How new is New Labour policy as expressed in housing regulations and its policy Green Paper?     

论公安队伍的警务规范化建设

面对市场经济的新形势,公安机关应当以依法治国,依法行政和维护社会稳定、群众满意为工作目标,以人为本,进一步明确警察的法律地位和政治角色,规范健全各项警务制度,内外同步协调发展,促进警务规范化建设,实现公安队伍的长效机制建设。     

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.     

A ‘double edged sword’: discretion and compulsion in policing domestic violence

Policing domestic violence is a complex area in which there are divergent views about the extent to which front line police action should be mandated by legislation and guidance. This study set in Victoria, Australia raised questions about the balance between discretion and compulsion in policing domestic violence through researching the implementation of the Code of Practice used to respond to domestic violence incidents. The project team interrogated aggregate data from the police database on family violence and also interviewed 125 police members (60 sergeants and 65 constables) to explore the attitudes to the Code of Practice and policing domestic violence. The findings reveal that discretion within a range of options is circumscribed. Variable understandings of the nature of domestic violence and the role of risk assessment and management suggest that constrained and guided discretion may be required to achieve optimum effectiveness in policing responses to domestic violence.     

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.     

Will ‘broken windows policing’ work in Trinidad and Tobago? A critical perspective on zero tolerance and community policing in a multi-ethnic society

Trinidad and Tobago (T&T) is a multi-ethnic Caribbean nation currently experiencing problems with disorder and violent crime. In response, practitioners have considered the merits of introducing broken windows policing. This article examines the literature on zero tolerance policing, also known as ‘broken windows policing,’ and explores the dangers of potentially harmful interpretations of this approach, particularly in the context of racial and political conflict in a developing society. It also explores whether broken windows can be effective in T&T, where there is social unrest and declining public support for police. Based on prior research, it is suggested that broken windows policing, when incorporated with targeted problem-solving approaches, could be successful in reducing crime in the short-term. Several problem-solving strategies that were effective in New York City and other American cities are also recommended. It is suggested that community-oriented policing strategies designed to increase citizens’ trust and confidence in police be properly implemented before the adoption of any of these problem-solving strategies.     

论中国和平发展与国际法的交互影响和作用

和谐世界是中国和平发展重要的外部社会基础,而国际法是构建和谐世界不可或缺的法律基础和保障。在国家间相互依存和经济全球化的“地球村”里,一方面,国际法为中国和平发展创造和平与安全的外部环境、建构公正和公平的国际竞争秩序和提供国际合作的法律保证；另一方面,中国和平发展的对内和对外发展战略势必要受到国际法越来越多的约束。与此同时,中国和平发展必然对国际法的和平与发展主题以及人权、法治和民主等普遍核心价值做出重要的贡献。     

Authorship,Authenticity, and Intellectual Property in Australian Aboriginal Art

This article analyzes research and legal cases about authorship, authenticity, and intellectual property in Aboriginal art. The concepts of Aboriginality, authenticity, and ownership are used to show the complexities of Aboriginal law, legal copyright, and the moral rights framework. The clan ownership of Dreaming makes Aboriginal artists' relationship different to other artists' individual ownership of their work. Research on this topic by members of the Faculty of Business and Law unit of the Centre for Leisure Management Research at Deakin University was undertaken for the Australian Institute of Aboriginal and Torres Strait Islander Studies. This article provides significant contextual analyses of major issues leading to Commonwealth Government inquiries and legislation in Australia during 2006-8.     

Caste Discrimination: A Twenty‐First Century Challenge for UK Discrimination Law?1

Discrimination based on caste affects at least 270 million people worldwide, mostly in South Asia. Caste as a system of social organisation has been exported from its regions of origin to diaspora communities such as the UK, yet despite the prohibition of caste‐based discrimination in international human rights law caste is not recognised as a ground of discrimination in English law. The overhaul of its equality framework and the proposed new single equality act present the UK with an opportunity to align national legislation with international law obligations. The Government's decision not to include protection against caste discrimination in the new legislation leaves race and religion as the only possible legal ‘homes’ for caste. This article considers the argument for legal recognition of caste discrimination in the UK, the capacity of race and religion to subsume caste as a ground of discrimination, and the role and limitations of law in addressing ‘new’ forms of discrimination such as casteism.