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.     

Patterns in police decision-making with youth: an application of Black’s theory of law

Prior research suggests that police officers may use more than one style of law (therapeutic, conciliatory, compensatory, penal) and that the quantity of law applied may also vary within an encounter in order to maintain order. The implication is that police decision-making varies, and is, to some extent, case dependent. The research objective is to investigate the extent to which principles from Black’s (1976) theory of law are applicable to police decision-making with apprehended youth in Canada. The findings suggest that police decision-making is a dynamic process that is a progression in the application of formal social control from least to most intrusive of personal liberties both in the quantity and style of law. The analysis reveals that the factors which affect police discretion can vary, in some circumstances, across physical space (urban, suburban, and rural communities). In addition, as informal mechanisms of social control weaken, the police use a higher quantity of law, be it penal, compensatory, conciliatory, or therapeutic. Specifically, the quantity and style of law is affected by the degree and nature of parental involvement.     

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.     

Parental alienation (syndrome) in child custody cases: survivors’ experiences and the logic of psychosocial and legal services in Italy

ABSTRACT

Parental alienation (syndrome) is a controversial issue, criticized by experts in different fields. However, this concept is often used by professionals and is frequently cited in courtrooms. This qualitative study focuses on parental alienation and explores women’s experiences as well as legal and social services’ practices in child custody cases. Semi-structured interviews were conducted with separated mothers who were victims of intimate partner violence, and with social workers and psychologists/psychiatrists designated by courts to evaluate parenting skills. Expert reports, psychological assessments and legal documents were also analysed. Results show that professionals endorsed parental alienation and considered it a ‘feminine problem’. Women were often blamed and labeled as ‘engaging in parental alienation’ when they were trying to ensure their children’s safety. Children’s accounts were interpreted as being a result of their mothers’ manipulation. In contrast, fathers were treated as victims of vindictive women who want to keep children to themselves. Men’s violent behaviours were not considered, and their role as fathers was seen as ‘inviolable’. These practices seem to reflect the ‘good-enough father’ approach, according to which the presence of the father is essential for children’s development, regardless of his violent behaviours.     

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.     

‘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.     

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.     

Absolutism and the ‘rule of law’ in Denmark 1660–c. 1750

With the introduction of absolutism in Denmark, the country became one of the two most absolute monarchies in Europe. The question arises whether the concept of the ‘rule of law’ was compatible with absolutism, or whether it was totally contrary to this form of government. Through an analysis of the criteria central to the concept of the ‘rule of law’, for example, the public proclamation of laws, the independence of the courts, predictable proceedings, the right of appeal, due care, legal aid, promptness of legal proceedings etc., and evidence of practice from public records, the present article concludes that although the ‘rule of law’ was fragile, as it depended on the absolute king's mercy, there was an ideal among the ruling elite that the ‘rule of law’ ought to be respected, and the rural and urban population trusted the system.     

“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.     

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.     

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.     

Same bed,but different dreams? Comparing retired and incumbent police officers’ perceptions of lost knowledge and transfer mechanisms

Police forces are undoubtedly knowledge workers in the public sector. However, policing knowledge is getting lost as the baby-boom generation is approaching retirement age and officers failed to capture and retain the retirees’ knowledge before they leave. Given the lack of empirical studies which examine the knowledge transfer between different generations of police officers, this study attempts to contribute a holistic perspective which involves both the retiree (the knowledge transferor) and the incumbent (the transferee) in a knowledge transfer. Through four rounds of Delphi survey, this study found that both groups recognized that knowledge is being lost as the retiree leaves. Yet, the panels demonstrated divergent perceptions about what kind of knowledge is being lost. The difference between the panels’ perceptions was significantly increased regarding the extent to which the knowledge is being lost. This study also found that people-based approaches were commonly preferred by both panels as the best methods. However, the difference between the groups occurred as the incumbent expressed a higher willingness to use IT-based approaches than did the retiree.     

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.