The dilemma of ‘racial profiling’: an abolitionist police history#

While the conquest of the world by the concept of ‘racial profiling’ was a major victory for activists, real victory for racial justice at the hands of the police was foreclosed, for the notion is a Trojan Horse. Snuck inside this term developed for radical purposes are distinctly conservative propositions. This paper analyzes the ways the individualizing implications of the concept of racial profiling mask the depth and reach of the state’s commitment to containing resistance and eliciting consent by deploying technologies of race. Against ‘racial profiling’s’ suggestion of incidental, improper police practice, this essay offers a history of the U.S. police that shows their deep and abiding commitment to reproducing race and racism. Tracing police history in relation to colonialism and slavery, the essay argues that the history of this fundamental instantiation of state racism leaves no hope for successful reform, but rather demands a practical and thoughtful commitment to police abolition.     

‘Vulnerable by law (but not by nature)’: examining perceptions of youth and childhood ‘vulnerability’ in the context of police custody

This paper, drawing upon qualitative data produced through interviews with custody officers (COs) at two custody suites in England, examines how the vulnerability of children and young people is conceptualised generally, within the criminal process, and then, more specifically, in police custody. It uses the appropriate adult (AA) safeguard under Code C to the Police and Criminal Evidence Act 1984 as the point of reference and explores, firstly, how childhood is conceptualised and, secondly, how childhood vulnerability is understood by COs. The responses of COs are perhaps indicative of a wider issue within the criminal process – the construction of youth and childhood and, accordingly, the criminal law response to children and young people. Within this paper, whilst it is accepted that childhood and vulnerability are non-static concepts, it is nevertheless contended that children and young people are vulnerable, particularly when facing the criminal process.     

‘The biggest gang in Oakland’: re-thinking police legitimacy

Literature defining ‘police legitimacy’ lacks qualitative research on those populations most often targeted by law enforcement agencies, including people of color in urban areas. This same literature defines police legitimacy as something unquestionable and automatic. Exploration of this concept is limited to strategies to increase public ‘trust’ in police, and public compliance to their authority. We address these limitations in the available scholarship through an analysis of interviews with a diverse sample of Oakland (CA) residents on their experiences with the Oakland Police Department (OPD). Their narratives are presented in the historical context of controversy, budget problems, federal investigations, and racialized violence that help to define the relationship between OPD and Oakland communities. Those interviewed, universally observed OPD’s failure to address the most common crime problems in the city, while others, particularly people of color, found them to be a personal or public threat to safety. Their narratives fly in the face of the manifest functions of municipal police forces, are fully supported by the contemporary empirical history of the OPD, and suggest the illegitimate authority – including the monopoly on the use of force – of organizations like OPD in a democratic society.     

Challenging the ‘urban myth’ of psychopathy untreatability: the High-Risk Personality Programme

Psychopathy has long been framed as a special challenge in criminal justice contexts, in part due to the supposedly untreatable nature of psychopathic offenders. Indeed, previous failed attempts to ‘treat’ this particular group have resulted in a widespread pessimism about treatment efficacy amongst correctional professionals. This pessimism has focused on the inherent unchangeable nature of psychopathic traits, especially those associated with Psychopathy Checklist-Revised (PCL-R) Factor 1 items and the challenge of developing an effective therapeutic alliance with hostile, manipulative offenders. It is argued that this negative stance is neither unanimous nor justified because of poor consistency of population definition and methodological problems with structural and functional attributes of traditional treatment approaches. This article describes an experimental intervention – the High-Risk Personality Programme (HRPP) – a New Zealand prison-based group intensive treatment programme designed to reduce violence with a psychopathic group, and create opportunities to devise rehabilitative solutions with a challenging group.     

‘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.     

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.     

Becoming ‘European’ through police reform: a successful strategy in Bosnia and Herzegovina?

Police reform plays a key role in Bosnia and Herzegovina’s internationally-supervised statebuilding process. It is one of the four key conditions to move the country closer to its European future. Against this background the article analyses the role that the European Union Police Mission (EUPM) plays in preparing Bosnian police agencies for this challenge. Using as guiding tools some of the key elements of the Mission’s leitmotif—local ownership, European police standards—the article comes to the conclusion that EUPM has introduced much needed reforms but these have been overshadowed, among other things, by the police restructuring process and its unnecessary politicisation of “European police standards/practices” to fit a model of statehood not shared by all local stakeholders.

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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.     

‘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.     

The Critical Instance ‘After’ The Critique of the Subject

The central argument of this piece involves the idea that insofar as␣critique, with its two basic tropes of question and judgment, has been central to the ȁ8classical’ configuration of subjectivity, the critical instance ȁ8after’ the critique of the subject is to be found re-situated on a different philosophical terrain where the question of the question is re-thought and the logic of judgment displaced by an ethic of encounter. It is on this terrain that we can then start sketching the emergence of a different set of critical instances: critical ontologies, critical analytics and critical erotics.     

The nature of the Mādhyamika trick

This paper evaluates several recent efforts to interpret the work of Nāgārjuna through the lens of modern symbolic logic. An attempt is made to uncover the premises that justify the use of symbolic logic for this purpose. This is accomplished through a discussion of (1) the historical origins of those premises in the Indian and Tibetan traditions, and (2) how such assumptions prejudice our understanding of Nāgā rjuna’s insistence that he has no “proposition” (pratijñā). Finally, the paper sets forth an alternative interpretation that takes into account the literary dimensions of Nāgārjuna’s writing.     

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.     

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 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.     

The making of an expert detective: the role of experience in English and Norwegian police officers’ investigative decision-making

Biased decision-making in criminal investigations can impede or arrest the progress of justice. Previous research has not systematically addressed the effects of professional experience on the quality of detectives’ decision-making. Using a quasi-experimental design, this study compared the quality of investigative decisions made by experienced detectives and novice police officers in two countries with markedly different models for the development of investigative expertise (England and Norway). Participants (N?=?124) were presented with two semi-fictitious cases and were asked to report all relevant investigative hypotheses and necessary investigative actions in each case. The quality of participants’ responses was gauged against a gold standard established by a panel of senior homicide experts. In the English sample, experienced detectives vastly outperformed novice police officers in the number of reported gold-standard investigative hypotheses and actions. In the Norwegian sample, however, experienced detectives did not perform any better than novices. We argue that English (vs. Norwegian) detectives may benefit more from professional experience due to their Professionalising Investigation Programme and a nationwide accreditation program, requiring them to engage in extensive standardized training, systematic evaluation and synchronized development. In contrast, Norway lacks such requirements. Methodological limitations and implications for police training and accreditation policies are discussed.     

Lilac? ‘Ten years of blue nurtured nature’

Abstract

The paper seeks to determine whether indicators evincing attitudes of police culture themes of solidarity, isolation and cynicism amongst SAPS officials are gender neutral as well as change in relation to Van Maanen’s and Manning’s stages of police culture socialisation. Using a survey format, the researcher employed a longitudinal design. The study established that SAPS cadets that commenced their basic training at the six SAPS basic training institutes in January 2005, entered the organisation with predispositions in furtherance of solidarity, isolation and cynicism. The period of ‘college/academy training’ (January to June 2005) did not significantly counteract these tendencies, neither the subsequent ‘field training’ (July to December 2005). Nine years on, and these attitudes intensified. The study further found that for the duration of the project (10 years), female trainees and their conversion to fully-fledged police officials had mostly stronger values exhibiting solidarity, isolation and cynicism, compared to their male counterparts.     

The problem with ‘dots’: questioning the role of rationality in the online environment

Regulatory theorists often use the ‘dot’ as a metaphor to help conceptualise their models of a given environment. Lessig famously used the ‘pathetic dot’ in his classic, ‘Code and Other Laws of Cyberspace’ and Murray’s ‘Regulation of Cyberspace’ used interconnected dots to help describe networked communitarianism and to discuss the effectiveness and implementation of symbiotic regulation. However in both models, the dot is seen as a rational actor. The rational ‘dot’ is presumed to have a complete set of preferences and the ability to gather all the necessary information in order to make an informed decision that optimally reflects their choices and preferences. However, research from psychology and, increasingly, economics has shown that humans are often prone to making errors in judgements. The paper argues that using the metaphor of dots to describe how rational actors behave in the digital environment is problematic. Actors deploy heuristics when making judgements, resulting in systematic errors and biases, often compromising the assumptions of the regulator. Accordingly, the way actors behave in the online environment is not rational at all; thus, models built on rationality start from a false premise.