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.     

‘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.     

Updating,subtyping, and perceptions of the police: Implications of police contact for youths’ perceptions of procedural justice

Individuals enter police encounters with expectations about how these interactions will unfold. These expectations are often rooted in racialized personal, vicarious, and collective experiences with the police. Bayesian updating posits that the way youth perceive treatment by the police during stops and arrests combines with prior expectations and perceptions to shape current views of the law, whereas subtyping suggests this process differs by race. This study examines intra- and interracial variability in these processes using longitudinal survey data from 3,085 Black and White youth. Regardless of race, youth who indicate they were treated with disrespect during police encounters had lower perceptions of procedural justice than did those with no contact, whereas contact perceived as respectful had no significant effects. For White but not Black youth, police encounters rated as “neutral” are associated with more negative views of the police. Other forms of legal socialization are also racialized, including messages conveyed in the media and by parents. Limited evidence exists that prior views of the police moderate the effect of police encounters on procedural justice or that these conditioning effects vary by race. Findings support updating, but race differences do not neatly align with findings expected with updating or subtyping theory.     

Public perceptions of police efficacy and image: The “fuzziness” of support for the police

Most studies concerning police-community relations have operationalized support for-law enforcement agencies in unidimensional terms. The present study dissects the notion of support for the police into two distinct dimensions: efficacy and image. Efficacy includes perceptions of the police ability to protect citizens, solve crime, and prevent crime. Image includes perceptions of friendliness and fairness of the police. A series of conventional individual-level and contextual variables are modeled in an effort to explore their relative influence on citizen perceptions of police efficacy and image. Data gathered from a national telephone survey of 1,005 citizens reveal that support for local police is both complex and multidimensional. Moreover, the results demonstrate that efficacy and image are independent dimensions, and that each is susceptible to quite different ratings depending upon which independent and dependent variables are modeled. Thanks go to Dennis Longmire, Barbara Sims, and Timothy Flanagan for providing the data used in this study.     

Victims’ perceptions of the police response as a predictor of victim cooperation in the Netherlands: a prospective analysis

The current study prospectively explores whether crime victims’ willingness to cooperate with the police is predicted by victims’ perceptions of police officers’ behaviour with regard to their case through their perceptions of police legitimacy. Structural equation modelling was used to examine the interrelationships between the study variables while controlling for baseline values among a sample of 201 crime victims in the Netherlands. Results indicate that victims’ perceptions of procedural justice and police performance were predictive of both indicators of perceived police legitimacy (i.e. obligation to obey the law and trust in the police). Moreover, victims’ willingness to cooperate with the police was indirectly predicted by victims’ perceptions of procedural justice and police performance, through their perceptions of obligation to obey the law. These findings suggest that police officers may play an important role in stimulating victims’ willingness to cooperate with the police by treating victims fairly and by taking investigative actions to solve the crime.     

‘Something older than law itself’: Sir Henry Maine,Niebuhr, and ‘the path not chosen’

This article re-evaluates the intellectual context of Maine's historical jurisprudence by emphasising the importance of his classical background. Maine's time at Cambridge coincided with the rise of ‘progressive classical scholarship’, especially the study of ancient history in its social, economic and institutional setting. By exploring the links between Maine's work and that of the ancient historian Barthold Georg Niebuhr, the article argues that an understanding of Maine's classical provenance enriches the appreciation of his work, especially its literary, interdisciplinary and educational challenge to the common law mind. Maine emerges on this account as a Victorian ‘neo-humanist’ whose later neglect is symptomatic of the more general separation of nineteenth-century English jurisprudence from mainstream European thought.     

Modeling the politics of punishment: A conceptual and empirical analysis of ‘law in action’ in criminal sentencing

The empirical sentencing literature has focused intensively on racial equity concerns, but this research added to the literature by analyzing political-contextual sources of punishment. This study developed a functional model of court decision making and used ordinal logit to assess court punishment decisions in 387 counties across seven states. The findings supported established assumptions about individual level punishment determinants, but showed that political environment indicators also predicted sentence severity. Interactions were present as well. In law and order environments Black defendants received enhanced sentences, but in jurisdictions with the largest Black populations, Black defendants faced reduced punishments. With individual and state level effects held constant, the findings from this research reinforced claims that punishment is intensely political.     

Diffusion of the Budapest Convention on cybercrime and the development of cybercrime legislation in Pacific Island countries: ‘Law on the books’ vs ‘law in action’

The Council of Europe Convention on Cybercrime,¹ referred to as the Budapest Convention on Cybercrime, has been diffused globally, and is serving as a benchmark or a ‘model law’ for drafting national cybercrime legislation in many countries worldwide. This paper argues that, through the mechanism of ‘state socialization’ combined with incentives, e.g. assistance in building law enforcement capacity, the diffusion of the Budapest Convention has had a profound influence on the development of cybercrime legislation in a number of Pacific Island Countries (PICs).² Some PICs have expressed their great interest in acceding to the Convention and ‘imported’ several provisions from the Convention. This article, nevertheless, contends that these PICs do not seem to consider carefully whether the ‘imported’ law is applicable to their existing law enforcement capacity. It is evident that various domestic factors, such as lack of resources, have deterred the enforcement of cybercrime laws in these countries. As the result, although those PICs would have adequate cybercrime laws ‘on the books’, ‘law in action’ is still feeble.     

Reflections on the sociology of law: A rejection of law as ‘socially marginal’

Rejecting the concept of law as subservient to social pathology, the principle aim of this article is to locate law as a critical matter of social structure – and power – which requires to be considered as a central element in the construction of society and social institutions. As such, this article contends that wider jurisprudential notions such as legal procedure and procedural justice, and juridical power and discretion are cogent, robust normative social concerns (as much as they are legal concerns) that positively require consideration and representation in the empirical study of sociological phenomena. Reflecting upon scholarship and research evidence on legal procedure and decision-making, the article attempts to elucidate the inter-relationship between power, ‘the social’, and the operation of law. It concludes that law is not ‘socially marginal’ but socially, totally central.     

Obscuring sexual crime: examining media representations of sexual violence in Megan’s law

Sexual violence remains a pervasive and persistent social problem. In 1996, Congress enacted Megan’s Law, dictating mandatory community notification and potential civil commitment for those deemed by the State to be dangerous sexual offenders. In 2013, Megan’s Law continues to influence the treatment of sexual offenders under law and the social construction of a highly publicized, yet statistically rare, sexual crime – the rape and murder of a young female child by a depraved male stranger. This influence highlights the extent to which this personalized crime bill shapes the social construction of sexual violence in terms of sex and gender systems. This paper examines how sex and gender shape media discourses of the sexual offender and victim that are mobilized in the legislative debate on Megan’s Law. Drawing on theoretical ideas from cultural studies and feminist legal scholarship, we employ discourse analysis to analyze the legislative debate on Megan’s Law. We find that high-profile media images of sex offenders and victims are relied on to construct a singular image of sexual violence, whereby a child is victimized by an adult sexual predator. These images draw on traditional, conservative notions of gender and sexuality.     

“Demystifying” the police: a participant observation study of police stops (and searches)

Police are empowered by law to stop and search vehicles and their occupants, once reasonable grounds for suspicion come into being. However, as attested by this study, not all suspicions are followed up, nor all stops-searches follow on suspicions. Police stops-searches involve bounteous discretion of whom, where, and when to stop-search, and this process entails a long chain of judgments and actions on behalf of the constables faced with given street-level situations. A six-month complete participant observation study of the Emergency Response Unit of the Cyprus Police resulted in asserting that police stops-searches of vehicles and their occupants rest upon multiple, perplexed, and intertwined factors that range from racial predilections to heat tolerance levels of constables who may or may not be inclined to enforce the law. In all, over one hundred dimensions were found to relate to constables’ decision-making process on whether to conduct a stop-search or not.     

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.     

‘Reasonable’ perceptions of stalking: the influence of conduct severity and the perpetrator–target relationship

Abstract

This study sought to examine the state of police interviews with children in Norway set against the various models that have been developed in the United Kingdom. UK models attempt to accord with psychological principles that lead to effective interviewing and so, if appropriately followed, should enhance the elicitation of accurate material. Set against these principles of best practice, an analysis of 11 police interviews indicated that a number of insppropriate and ineffective strategies appear to be used in police interviews in Norway. These included a preponderance of closed questions, a large number of instructions, paraphrasing and not giving the child enough time to talk. Results suggest that the Norwegian system needs to be made more aware of the psychological vulnerabilities that can lead to suggestibility in children.     

Complaints of group-stalking (‘gang-stalking’): an exploratory study of their nature and impact on complainants

Stalking primarily concerns the actions of individuals. However, some victims report stalking by organised groups, this being known as ‘group-’ or ‘gang-stalking’. This phenomenon has not been subject to systematic study. An anonymous questionnaire was completed online by self-defined victims of stalking. One thousand and forty respondents met research definitions for stalking, of which 128 (12.3%) reported group-stalking. One hundred and twenty-eight individually stalked cases were randomly selected as a comparison group. All cases of reported group-stalking were found likely to be delusional, compared with 3.9% of individually stalked cases. There were highly significant differences between the two groups on most parameters examined. The group-stalked scored more highly on depressive symptoms, post-traumatic symptomatology and adverse impact on social and occupational functioning. Group-stalking appears to be delusional in basis, but complainants suffer marked psychological and practical sequelae. This is important in assessment of risk in stalking cases, early referral to psychiatric services and allocation of police resources.     

College students’ perceptions of police use of force: do suspect race and ethnicity matter?

Incidents of police use of force continue to draw a considerable amount of attention from both researchers and the public alike. The purpose of this research is to examine the relationship between suspect race and ethnicity and perceptions of police use of force among college students. Using a vignette research design with manipulated independent variables, this study seeks to answer the question: Do suspect race and ethnicity affect college students’ perceptions of police use of force? Three vignettes were developed regarding an incident in which an encounter between a suspect and a police officer resulted in the officer using force. College students were randomly assigned to one of the three vignettes and were asked to complete a questionnaire. Results indicate that although suspect race and ethnicity do not predict perceptions of police use of force among college students, there are significant respondent race and gender effects. Male and white respondents are significantly more likely to perceive police use of force as justified compared to female and non-white respondents. The policy implications of these findings for police-citizen interactions are discussed.     

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.     

The role of soft law in advancing the rights of persons with disabilities in the EU: A ‘hybridity’ approach to EU disability law

This article discusses the role of soft law in advancing the rights of persons with disabilities in the European Union (EU). In doing so, it revisits the emergence of the standalone, yet cross-cutting, field of ‘EU disability law’ through the lens of the ‘hybridity theory’ advanced inter alia by Trubek and Trubek. Being speculative in nature, this article construes EU disability law as a fruitful area for an enquiry into the dynamic relationship between hard and soft law. Until the entry into force of the Treaty of Amsterdam, soft law was crucial to attract disability within the sphere of action of the EU and to embed the social model of disability, displaying a value-setting role. In the post-Amsterdam period, soft law and hard law coexisted, being complementary to one another. Both contributed to a common objective, namely that of advancing equality of opportunities for persons with disabilities. After the conclusion of the UN Convention on the Rights of Persons with Disabilities, the dynamic relationship between hard and soft law has become more complex and akin to what Trubek and Trubek define as ‘transformation’.     

Sex offenders’ perceptions of the effectiveness and fairness of humanity,dominance, and displaying an understanding of cognitive distortions in police interviews: A vignette study

Abstract

Forty-three convicted sex offenders read each of four different offence vignettes that involved a man forcing a female victim into sex and the offender's subsequent police interview. The experimental manipulation involved giving participants each of four different scenarios concerning how the police interviewed the offender. These were interviews characterized by humanity, dominance, displaying an understanding of sex offenders’ cognitive distortions, or a neutral, control interview. Participants were required to rate the interviews on a variety of dimensions, such as the offender's likelihood of confessing, and the fairness of the interview. Where participants were told the man had been interviewed with humanity and compassion, they rated the offender as more likely to confess and rated the interview as fairer than the other conditions. In contrast, participants rated the offender interviewed with a dominant approach as less likely to confess, and for this procedure to be less fair than the other conditions. Displaying an understanding of sex offenders’ cognitive distortions appeared to have had no influence on perceived likelihood of confessions but was perceived to make the crime appear less serious.     

Female student athletes’ perceptions of acceptability and the occurrence of sexual-related behaviour by their coaches in India

The current study assessed the perceptions of acceptable sexual behaviour of coaches and the occurrence of sexual harassment among female student in India. A sample of 180 Indian female student-athletes at intercollegiate and inter-university levels with male coaches participated in this study. A questionnaire on sport-specific Touch and Behaviour versus Unwanted Intimacy from coaches (Vanden Auweele et al., 2008), consisting of 41 items on a 5-point rating scale was used. The participants were asked to indicate the acceptability of specific coaching behaviour as well as the occurrence of the behaviour represented in each item. The acceptability of the behaviour was determined by means and standard deviations, while the occurrence was determined by frequencies. Factor analysis was performed to determine the structure of the coaches’ behaviour and athletes’ acceptability thereof, which yielded four factors. Cronbach’s alpha was used to determine the internal consistency of the extracted items on each factor. Two factors, namely, unwanted sexual behaviour and inappropriate verbal and physical sexual behaviour, were regarded by athletes as very serious and unacceptable coach behaviour, while a third factor represented context-dependent suspicious behaviour (a grey area in which athletes differ in their opinion) and was perceived to be serious and unacceptable. A fourth factor represented acceptable behaviour. The occurrence of very serious and unacceptable behaviour was reported by 31% of the female athletes.