The functional nature of police reform: The ‘myth’ of controlling the police

For at least fifty years, major movements attempted to reform police and their institutions through professionalization, policy making, and administrative decentralization. One major goal of these efforts was to subordinate street officer discretion to bureaucratic due process. Some recent evidence suggests that such reforms produced primarily the appearance of change without fundamentally altering the status quo. An alternative hypothesis is proposed: Reformers ignored the functional nature of the police role as community-based, extra-constitutional in peacekeeping situations, and reflective of the values related to the maintenance of order.

It may be that liberal society solves the anomaly of the police function by fostering the myth that police are subordinate to due process constraints, while leaving them relatively free in a practical sense to respond to the need for order maintenance and peacekeeping. Effective handling of disorder may require police autonomy, while attempting to subordinate them to bureaucratic control may impair this ability. Police accountability in liberal society, as well as the many reforms designed to achieve it, remains problematic, especially in light of a recent important study suggesting the possibility that police effectiveness against community disorder may be a casualty of many of these reforms.     

Challenging the ‘invariance’ thesis: procedural justice policing and the moderating influence of trust on citizens’ obligation to obey police

Objectives

This paper examines the effects of a procedural justice policing intervention on citizens’ feelings of obligation to obey police. It examines whether the efficacy of procedural justice on citizens’ obligation to obey police may be contingent on citizens’ level of trust in police during a police–citizen encounter.

Methods

This research draws on survey data from the Queensland Community Engagement Trial (QCET). QCET was a randomized controlled field trial implemented by the Queensland Police Service. The trial exposed citizens to either a procedural justice experience (experimental condition) or standard police practice (control condition) during a random roadside stop. Survey responses were received from 1107 drivers in the experimental condition and 1655 drivers in the control condition.

Results

Compared to the control condition, the procedural justice condition yielded higher levels of trust in the police officer conducting the roadside stop. No differences in obligation to obey police were observed between the two conditions. Importantly, citizens’ level of trust in the officer moderated the effect of the intervention on obligation to obey police. Specifically, the procedural justice condition had a negative effect on obligation to obey for those reporting low trust in police. For those high in trust, the procedural justice intervention had a slight but insignificant positive effect on obligation to obey.

Conclusions

The findings suggest that procedural justice effects can vary between individuals; specifically, the findings reveal that procedural justice interventions can sometimes be counter-productive, depending on the level of trust a citizen exhibits toward police during an encounter. Police agencies should therefore be aware of potential counter-productive effects when implementing procedural justice in the field.

     

The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

‘Narcoballads’: The Psychology and Recruitment Process of the ‘Narco’

There have been several studies conducted about racist groups, gangs, cults, terrorist and other criminal organisations, but very little has been written about the psychology and recruitment process of the ‘narcotrafficker’. This is because like most criminal organisations, they tend to be secretive and difficult to penetrate by law enforcement, academics and others who wish to study them. Using an audio‐recorded content analysis of ‘narcocorridos’ — ballads glorifying the activities of the ‘narcos’ and describing their successes' — as well as Social Identity and Group theories, the author describes some of the techniques used to recruit individuals into drug cartels; the labels, stereotypes and images of the in-group versus the out-group and the similarities in the socialisation and recruitment process of other criminal organisations. This study shows the recruitment of individuals into drug cartels follow similar patterns to other criminal organisations including the need for power, belonging, respect, security and pride.     

Between the ‘Home’ and ‘Institutional’ Worlds: Tensions and Contradictions in the Practice of House Arrest

In this paper we argue that the theoretical work of Goffman (1961) on “total institutions,” Foucault’s (1977) insights into the workings of disciplinary power, and an account of contemporary forms of punishment and social control in postmodern society (Staples 2000) help us better understand the experiences of those individuals sentenced to house arrest. Based on face-to-face interviews with twenty-three people being electronically monitored in a Midwestern metropolitan area, our analysis identifies three themes that illustrate the ways in which electronic monitoring is experienced as a complex amalgam of what Goffman (1961, p. 13) saw as the distinct “home world” and the “institutional world”. These themes include (1) “Home is Where the Machine Is,” (2) “Producing Docile Bodies,” and (3) “Threat of Sanctions”. We reassert our claim (Staples 1994, 2000) that contemporary forms of social control such as electronic monitoring reflect an ongoing struggle to deal with problems and issues set in motion with the birth of modernity.     

‘Endemic to the species’: ordering the ‘other’ via organised crime

The United States has been the prime mover in the establishment of both the concept of organised crime and the use of the concept in its attempt to establish global hegemony, in which law enforcement became a little more than a front for a government-backed central casting agency, stereotyping both heroes and villains. This article offers an account of how the ‘Other’ has been used as prism for the construction of organised crime primarily in the United States and how this construction, as a franchise, has been exported on the international level and on heterogeneous criminal landscapes.     

Legal Imaginaries and the Anthropocene: ‘Of’ and ‘For’

Law and Critique - This reflection contrasts the dominant imaginary underlying ‘law of the Anthropocene’ with an imaginary reaching towards ‘law/s for the Anthropocene’. It...     

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.     

Transboundary water interaction II: the influence of ‘soft’ power

This paper seeks to broaden the analysis of transboundary water interaction, by examining and interpreting the influence of ‘soft’ power therein. The ‘soft’ power of persuasion is understood to be exercised through discursive and to a lesser extent ideational means, and is interpreted in terms of compliance related to distributive (conflictual) or integrative (consensual) ends (after Scott (1994)). The focus is on inter-state water conflicts in hegemonic political contexts, where, it is found, the ‘first among equals’ has a greater ability to exploit ‘soft’ power and to determine the outcome. ‘Soft’ power is also seen to influence the choices states make or avoid in their transboundary water interaction, which explains in part how treaties intending to manage conflict may in fact delay or perpetuate it. For example, ‘soft’ power can be used by the basin hegemon to frame inequitable forms of cooperation in a cooperative light, such that unfair and ultimately unsustainable transboundary arrangements are replicated by the international donor community. Non-hegemonic riparian states also employ their capacity of ‘soft’ power, though may find themselves with little choice other than to comply with the arrangement established by the basin hegemon. The findings stress the importance of analysts questioning claims of interaction promoted as ‘cooperative’, and of examining the ‘soft’ power plays that underlie all transboundary water arrangements. Exemplification is provided through transboundary river basins and aquifers around the globe.     

‘Indirect amendment’: how the federal department of justice unilaterally alters the text of the constitution of Canada

Since 1957, the Department of Justice of Canada has regularly altered the wording of some sections of the Constitution Act, 1867 in its consolidated versions of the Constitution of Canada, even though neither the Westminster Parliament nor the Parliament of Canada had ever amended these provisions themselves or delegated to the executive the authority to make changes on their behalf. The Department of Justice refers to its practice of altering the text of the Constitution of Canada as ‘indirect amendment’. However, since the Constitution Act, 1982 states categorically that the Constitution of Canada can only be validly amended through one of its five amending formulas, the Department of Justice’s technocratic approach to ‘indirect amendment’ is almost certainly unconstitutional.?Either the Department of Justice should restore the original wording of the text of these sections in its subsequent consolidations of the Constitution Acts and relegate the updated figures or other commentary to explanatory footnotes. Alternatively, the Parliament of Canada should update these sections itself, directly, as a Section 44 Constitutional Amendment. The rule of law depends upon following the Constitution of Canada's amendment procedures properly.     

‘I Can’t’: Capacity to Marry and the Question of Sex

To some extent the nature of the marriage contract has always been ‘about’ sex. Yet it is only in recent years that sex has become an explicit aspect of the legal test of capacity to marry. This paper explores how that test has been developed by the courts since the late 19th century. Through an examination of the case law it traces the nature of the relationship between sex and the capacity to marry; explores how capacity to consent to sexual relations has become a prominent strand within capacity to marry; and asks whether one effect of that prominence has been to marginalise the necessity for an individual to understand certain other important aspects of the marriage contract when assessing his or her capacity to marry.     

Social network analysis and small group ‘dark’ networks: an analysis of the London bombers and the problem of ‘fuzzy’ boundaries

Social network analysis (SNA) is believed to be capable of revealing significant insights into crime and terror groups, including identifying important individuals and unique approaches to disruption. However, SNA has a number of theoretical and practical limitations, particularly when applied to ‘dark’ networks. While most analysts certainly acknowledge at least some of these limitations, we need to know more about their potential impact in a crime intelligence context. This article aims to go some way towards that end by placing greater scrutiny on the problem of ‘fuzzy boundaries’ when applied to small group networks. SNA is applied to the groups responsible for the 7 July 2005 London bombings and the 21 July 2005 attempted London bombings. The article concludes that while SNA is a valuable tool for understanding crime and terror groups, the age-old problem of fuzzy boundaries can have a profound impact on the analysis of small dynamic networks.     

‘Sustaining the Character of a Judge’: Conflict within the Legal Thought of British India

Judicial roles provided the raj with major dilemmas. One persistent dispute related to civil servants sitting as judges. Critics argued that civil servants had a superficial legal education and lacked appropriate practical experience of work in the courts. Defenders of their judicial role contended that the best training for judges lay in administrative work on the plains of the sub-continent. Governors-general, viceroys, and others in executive positions claimed that such work provided officials with an understanding of Indian society and that this social knowledge made them effective judges. Professional judges drawn from the ranks of barristers and sitting in the major cities of Calcutta, Bombay and Madras frequently contested this view and the result was sustained disagreement. At the heart of the debate lay competing visions of justice.     

The NHS Information Revolution: ‘Choice of Control’ to ‘Choice’ and ‘Control’

This paper provides a novel and critical analysis of the necessary and important balance between ‘individual privacy’ and ‘collective transparency’. We suggest that the onset of the Information Revolution has created a dilemma for the National Health Service (NHS) in terms of how it addresses its obligation to use information to improve best practice in healthcare for society (‘collective transparency’) whilst also keeping sensitive personal information confidential (‘individual privacy’). There is clearly a need to consider both whether the NHS is balancing this critically important informational relationship and whether its approach is fit for purpose. We argue that the NHS's ‘proxy-individual’ information guardian role could inadvertently mask individuals' intended roles, effectively circumventing autonomy-based laws by limiting the power of individuals to be autonomous. In this article we have identified three issues – first the prevailing ‘Mindset’ (the ‘M’) of ‘privacy’, which is viewed as individualistic, resulting in an overpowering concept of confidentiality; second, the quality and control of Information (the first ‘I’); and third, the concept of innovation (the second ‘i’), which is being used as a ‘solution’ rather than a vehicle for transparency. Indeed, transparency is our target of ‘best practice,’ and we suggest that individual privacy and collective transparency are best embedded within a complementary privacy framework that offers a better fit than the current split of control between the roles of the NHS and the roles of the individual. It is suggested that when facilitated by transparency, ‘control’ and ‘privacy’ form a continuum, aligning through the desire for choice. Therefore, the choice of control could facilitate control and choice. Together, they could replace the concept of privacy by empowering ‘informed patients’ to support the NHS's ‘No decision about me, without me’ pledge.     

Preventing Wildlife Crimes: Solutions That Can Overcome the ‘Tragedy of the Commons’

The 'tragedy of the commons' dilemma occurs when individuals working independently of one another, will overuse a common-property resource for short-term benefits while decimating the resource for long-term use (Hardin 1968). This is often found in the field of wildlife crimes where species become overexploited to increase short-term profits while endangering and eliminating a natural resource for future users. Wildlife crimes suffering from the ‘tragedy’ need to be prevented in order for species to avoid extinction while also conserving a natural resource that monetarily benefits numerous people and their respective communities. Current approaches to the illegal wildlife trade include implementing trade bans or regulatory schemes at the national and international level, yet their effectiveness of reducing the trade is unknown. Perhaps, a better approach in reducing the illegal wildlife trade is a combination of making it more difficult to poach (i.e. situational crime prevention) and incentivizing locals to abstain from poaching. This paper will first review the literature on wildlife crimes and then use a case study approach that will examine the literature on the illegal parrot trade, the market for wildlife skins, and over-fishing. Through these case studies, a comprehensive review of the problem will be detailed as well as innovative conservation solutions that show promise in reducing the poaching and exploitation of species. Amongst these solutions will be the use of situational crime prevention that has shown immediate reductions in crime when tailored towards highly-targeted areas and crimes.     

Parliaments in Africa: Representative Institutions in the Land of the ‘Big Man’

This paper analyses the perceptions among survey participants, of African parliaments and presidents and examines their citizens’ attitudes towards the coexistence of these two institutions. It aims to determine the way citizens rate their parliaments compared with their presidents. It further seeks to answer the question of whether Africa remains the continent of the ‘big man’, where absolute power lies with an individual, feeding clientelistic relationships. In the decades following the transitions to independence, most of the continent was marked by a proliferation of monoparty regimes; in many cases, these were almost one-man regimes. A majority of the leaders symbolised, at an early stage of independence, the birth of the nation itself. Many times these presidents have sought to extend their incumbency perpetually. However, over the last two decades this scenario has changed considerably. Monoparty parliaments have been replaced by multiparty parliaments and executives, and presidents have found themselves needing to share their leadership of the nation with parliamentarians. Not much is known about how these emerging parliaments have been operating, but the little that is known tells us that they have faced a lack of institutionalisation and still struggle to assert their independence from strong executives. It is therefore reasonable to expect that parliaments will be perceived as dormant institutions in the public eye.     

‘Dutty Babylon’: policing Black communities and the politics of resistance

Justice, when it's swift, is most effective; it's about ensuring that they see the shock and awe of the criminal justice system. Because we represent society, we want to ensure that society is reflected in our courtrooms and we want them to experience what they made us experience. (Nazir Afzal, Chief Crown Prosecutor, Manchester; Channel 4 News, 11 August, 2011; emphasis added)