Accounting for rapid growth of private policing in South Korea

Although private policing has existed since the dawn of society, the widespread availability of private policing is a relatively new phenomenon. The purpose of this study was to explore the contributing factors in the rapid growth of private policing by examining the Korean case. This study also attempted to explore the nature and implications of private policing within large context of political, economic, legal, and cultural systems. Several factors contributed to the popularization of private policing in recent years. The decentralization of policing authority provided a political ground for the growth of private policing. The economic affluence in the late 1980s also paved the way for the wide availability of private policing and its specialization in Korea. The findings of this study revealed that the changing nature of legal culture, from mediation and reconciliation to litigation, contributed to the rapid growth of private policing in Korea. In addition, fear of crime and some historical events such as the Olympic Games were closely related to the expansion of private policing in Korea.     

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.     

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.     

A wall of treatments: An integrative problem-solving approach to the prevention of stone-throwing in East Jerusalem

Research summary

There is growing evidence that some proactive policing strategies have shown promising results in reducing crime. Most of these strategies are generally applied separately to address specific components of criminal behavior, while the involvement in the crime itself may be caused by different factors. This raises the question of whether an integrative approach that addresses these factors could be an appropriate approach to reduce involvement in the crime. Furthermore, most of these policing strategies have been applied toward regular crime; this leaves us with the question of whether these strategies would show similar results when political offenses are involved as well. Our study focuses on the political offense of stone-throwing in East Jerusalem, usually by Palestinian teenage boys. We applied an integrative approach in one of the Palestinian neighborhoods in East Jerusalem, which included strategies such as focused deterrence, place-based policing, cognitive behavioral therapy, diversion to nonenforcement tracks, and interventions at the community level. We found a large and significant reduction in the targeted neighborhood compared to similar Palestinian neighborhoods. We have not found evidence of displacement, but rather evidence of significant diffusion of crime-control benefits.

Policy implications

The results of the study suggest that an integrative approach that addresses the risks and needs of minority youth can help reduce their future involvement in political offenses. Furthermore, the implementation of promising strategies in the wider context of policing regular crimes may also be effective in responding to political offenses.     

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.     

What do Alternative Measures of Peer Behavior Tell Us? Examining the Discriminant Validity of Multiple Methods of Measuring Peer Deviance and the Implications for Etiological Models

Deviant behavior tends to be more strongly correlated with respondents’ perceptions of peer deviance than with actual peer deviance. However, research has yet to discern between two interpretations of this finding. On one hand, respondent perceptions of peer deviance may simply be “biased” indicators of actual peer behavior or alternative measures of one’s own deviance. On the other, respondent perceptions and actual peer deviance may reflect fundamentally separate constructs. The present study uses two separate statistical methods to discern the empirical validity of each interpretation. It then illustrates the importance of the measurement results with a series of cross-lagged panel analyses assessing how a researcher’s operationalization of peer deviance impinges upon conclusions about the bidirectional relationship between personal and peer deviance. Measurement results across two separate behavioral domains (property crime and substance use) suggest that actual peer deviance items reflect a construct fundamentally separate from both personal and perceived peer deviance. Likewise, results fail to support the claim that peer deviance items are simply alternative measures of one’s own deviance. Cross-lagged structural equation results are consistent with the notion that personal deviance affects both later perceptions of peer deviance and actual peer deviance. Yet, null or very weak effects of either peer deviance measure on personal deviance are observed. In light of our findings, we discuss the necessity for new theorizing concerning the complex relations among personal behavior, perceived peer behavior, and actual peer behavior.     

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.     

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.     

The corporate context of private prisons

This article deals with the growing interest in the privatization of correctional institutions. It focuses on the corporate context of this trend because modern privatization is being done by corporations which have been formed specifically for this purpose or are specialized subsidiaries of large conglomerates. The article reviews the theoretial, legal, political, regulatory, economic, management, and labor issues involved in corporate privatization, taking into consideration the aspects of organizational climate and corporate deviance. Finally, the article points out that corporate involvement in the private management of correctional facilities should be analyzed carefully and taken into consideration in the privatization debate.     

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。     

LAW ENFORCEMENT IN A TIME OF COMMUNITY POLICING*

Community policing creates the expectation that oficers will become more selective in making arrests and that those decisions will be influenced more by extralegal considerations and less by legal ones. Data on 451 nontraffic police-suspect encounters were drawn from ridealong observations in Richmond, Virginia, where the police department was implementing community policing. The arrest/no arrest decision is regressed on variables representing legal and extralegal characteristics of the situation. Legal variables show much stronger effects than extralegal ones, but that depends upon the officer's attitude toward community policing. Supporters of community policing are, as predicted, more selective in making arrests and much less influenced by legal variables than are officers with negative views. However, pro-community-policing officers are like negative officers in the extent of influence exerted by extralegal factors. There are some differences between the two groups of officers on the strength and direction of effects of predictor variables taken individually, but only 1 of 17 is significant. Thus, in a time of community policing, officers who support it do manifest some arrest decision patterns distinguishable from those of colleagues who adhere to a more traditional view of law enforcement.     

Swaying the Hand of Justice: The Internal and External Dynamics of Regime Change at the International Criminal Tribunal for the Former Yugoslavia

This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003 ) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legalism, and legal exceptionalism result in internal office, organizational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organizational change within international institutions.     

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。     

Discourses of Political Policing in Post-patten Northern Ireland

This article critically examines discourses of political policing in contemporary Northern Ireland (NI). Recognising the post-conflict and post-reform climate that policing now occurs within, it argues that these environmental factors have conditioned discourses of policing that are directly tied to how legitimate political opposition to the political status quo in post-Good Friday Agreement (GFA) NI is policed. The article asserts that political policing discourses have taken a new trajectory that departs from traditional ethno-nationalist interpretations of the issue to instead reflect a broader structuralist interpretation of state-police power relations. It concludes with the argument that political policing discourses have evolved to reflect common class-based disillusionment with the post-GFA state across the political divide that sees the matter rooted in police protection of a system of devolved governance that has failed to tackle structural exclusion and socio-economic deprivation.     

Explaining the variations in legal mobilization of environmental nongovernmental organizations in authoritarian China: A fuzzy set qualitative comparative analysis

Despite the growing literature on legal mobilization under authoritarianism, the variations of legal mobilization in authoritarian regimes have been less studied. Drawing on a fuzzy set qualitative comparative analysis of 175 environmental public interest litigations from 2009 to 2019, as well as in-depth interviews with environmental nongovernmental organizations (NGOs) representatives, this is the first article to present how organizational, political, legal, and social forces (which are demonstrated by six conditions: capacity, political embeddedness, political endorsement, access, legal stock, and alliance) combine to explain the variations of NGOs' environmental legal mobilization through the use of strategic and nonstrategic litigation in authoritarian China. Although the state's policy to pluralize regulatory actors to improve environmental governance has set up a relatively friendly institutional backdrop for environmental legal mobilization, this study finds that political forces such as the relationship between NGOs and the state and the ambivalent attitudes towards environmental protection between central and local government have significantly influenced the behavioral patterns of NGOs' legal mobilization. Moreover, this study uncovers four types of legal mobilization of Chinese environmental NGOs: allied mobilization, progressive mobilization, steered mobilization, and symbolic mobilization. This study enriches the understanding of the behavioral patterns of nonstate actors in legal mobilization in authoritarian regimes and beyond.     

Stop and Risk: Policing,Data, and the Digital Age of Discrimination

Predictive policing is the newest innovation in the field of law enforcement. Predictive policing programs use algorithms to analyze existing crime data in an attempt to make predictions about future crimes: What crimes are likely to be committed, where crimes are likely to be committed, and a list of potential victims and offenders. Proponents of predictive policing champion the practice as an effective, proactive form of law enforcement that is free from bias due to its data-driven nature. However, as a matter of justice policy, predictive policing is just as discriminatory as traditional police practices, such as stop and frisk: Both are relatively ineffective; both have the potential to disproportionately target minorities; both are challenging forms of surveillance that create several important ethical and legal issues; and both are presented as objective, impartial, and equitable. This article has three primary goals: Highlight the potential and problematic similarities between stop and frisk and predictive policing; present the problems associated with predictive policing, including its questionable effectiveness, biased foundation, and faulty legal and ethical footing; and discuss the ways in which discriminatory criminal justice programs, such as stop and frisk and predictive policing, are presented to the public as objective, non-discriminatory policies.

     

Policing terrorism in India

Policing terrorism in India is fraught with difficulty. India is a large, heterogeneous democracy that is surrounded by countries experiencing their own intense problems with terrorism. The legal structure, inherited from the colonial past, is struggling to cope with the demands placed upon it by a country of 1.1 billion. India is a federation and this also complicates the structures needed for counter-terrorism. Despite the democratic framework, policing in India is largely an inheritance from the non-democratic colonial past—a past that paid scant regard to the doctrine of separation of powers. Given these problems, India’s performance in policing terrorism has been mixed. We should not look for any early resolution of the problem of terrorism, either through preventive investigation or political amelioration of the issues that contribute to terrorism. But for all of that, India has done well to adhere to its basic democratic norms in the face of what is, by Western standards, a major terrorism problem.     

基层警察的行动性质、逻辑分析及管理路径

基层警察位于公安组织架构最底层,在一线或现场,直接与群众打交道。他们执行上级的决策,同时又有自己选择和决策过程,拥有自由裁量权,现场工作场景中处于信息有利方,而且与群众之间也存在着不对称的权力关系。其所处的特殊行政生态使得他们表现出以庸碌无为追求“闲暇效用最大化”、在规则依赖中寻求责任免除、在利害权衡中选择行为等典型的行动逻辑。故此,对于基层警察的管理应通过公安信息化建设促进基层警务规范化、通过法律责任控制加大对基层警察的监督、通过警务社会化实现对基层警务工作的政治控制、用提高职业道德来实现基层警察的自我控制。     

How social movement organizations explicitly and implicitly promote deviant behavior: The case of the militia movement

The literature on social movements and deviance has failed to recognize that social movement organizations also promote deviance in society. This oversight stems from a tendency in the dominant paradigm of social movement theory to normalize the activities of these movements by equating their activities with political behavior. Focusing on the modern militia movement, we discuss the explicit and implicit paths through which movements promote deviance and/or criminal behavior. Noting that the movement has both a “defensive” and an “offensive” wing, we find that they promote deviance both through their ideology, which legitimizes deviance, and through their organizational structures, which are unable to control either the actions of those who are part of the movement or the flow of movement-generated information.