The Criminal Justice Technology Forecasting Group (CJTFG) deliberated on the effects that major technology and social trends could have on criminal justice in the next two to five years and identified potential responses. This report captures the results of the group’s meetings and initiatives, presents the emerging trends and highlights of the group’s discussion, and presents the results of analyses to assess connections between the trends.
From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime.
In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.
Russians from all walks of life joyously celebrated the end of Nicholas II’s monarchy, but one year later, amid widespread civil strife and lawlessness, a fearful citizenry stayed out of sight. Tsuyoshi Hasegawa offers a new perspective on Russia’s revolutionary year through the lens of violent crime and its devastating effect on ordinary people.
"We are in difficult times for the protection of our liberties. Nonetheless, citizens are showing an increased willingness to resist the erosion of the U.S. Constitution. . . . Lawson Mack and Kelly stress the importance of not giving up these fundamental rights and conclude with a message of optimism, noting an increased backlash against the administration's more draconian measures. Although the landscape is still quite bleak, change is in the air."
-Michael Ratner, President, Center for Constitutional Rights, from the foreword
"A compelling and sophisticated critique of the U.S. government's post-9/11 actions. Mack and Kelly set the stage with the historical perspective on America's response to terrorism and the assessment of terrorist threats, before launching into a comprehensive analysis of the USA Patriot Act. Their hard-hitting approach and easy-to-read style makes for a fascinating treatment of the government's legislative and executive response to the attacks."
-Michael P. Scharf, Case Western Reserve University School of Law
With its sweeping critique of the USA Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, Equal Justice in the Balance is a sobering and exacting look at American legal responses to terrorism, both before and after 9/11.
The authors detail wide-ranging and persuasive evidence that American antiterrorism legislation has led to serious infringements of our civil rights. They show us how deviations from our fundamental principles of fairness and justice in times of heightened national anxiety-whether the Red Scare, World War II, or the War on Terrorism-have resulted in overreaction and excess, later requiring apologies and reparations to those victimized by a paranoia-driven justice system.
While terrorist attacks-especially on a large scale and on American soil-damage our national pride and sense of security, the authors offer powerful arguments for why we must allow our judicial infrastructure, imperfect as it is, to respond without undue interference from the politics of anger and vengeance.
Illusion of Order
Bernard E. HARCOURT Harvard University Press, 2001 Library of Congress HV6025.H297 2001 | Dewey Decimal 364
Khaki & Blue: Mis Af#51
Anthony Clayton Ohio University Press, 1989 Library of Congress HV8267.A2C53 1989 | Dewey Decimal 363.209660097521
Drawing upon a survey of former police officers in the six British colonies of Ghana, Nigeria, Kenya, Uganda, Zambia, and Malawi, Clayton and Killingray examine the work of colonial law enforcement during the last years of British supremacy. In addition to such basic institutional information as the development of police forces from local militia, the training of African recruits, and the africanization of the police forces, the authors examine the typical activities of the colonial police. From investigations of stabbings and theft, to deportation of prostitutes and concern with smuggling, to enforcement of unpopular policies, the authors offer a profile not only of the institution of colonial law enforcement but also of the daily life of the village and the business activities which brought people into contact with the police.
In living rooms across the country, Americans have fallen in love with law-related television programming. From primetime legal dramas such as Law and Order, The Guardian, CSI, JAG, and Judging Amy to a host of daytime courtroom spectacles including Judge Judy, People's Court, and Divorce Courtviewers are endlessly entertained by the practices of the criminal justice system.
But with television courtrooms appearing more like the studio of The Jerry Springer Show than institutions of justice, and with weekly dramas seamlessly blending cutting-edge forensic science with exaggerated fictions, it calls to question: just what is it about these shows that has the public so captivated? And, what effects do the images of crime and order presented through the media have on society's view of the actual legal and criminal justice systems?
In Law and Order: Images, Meanings, Myths, Mariana Valverde draws on examples from film, television, and newspapers to examine these questions and to demonstrate how popular culture is creating an unrealistic view of crime and crime control. Valverde argues that understanding the impact of media representations of courtrooms, police departments, prisons, and the people who populate them is essential to comprehending the reality of criminal justice.
Introducing a wealth of resources in social and cultural studies along with suggestions for classroom discussions and assignments, this book pushes the field of criminology in new and exciting theoretical directions. It is essential reading for students and scholars of criminal justice and law.
The police and the courts depend on the cooperation of communities to keep order. But large numbers of urban poor distrust law enforcement officials. Legitimacy and Criminal Justice explores the reasons that legal authorities are or are not seen as legitimate and trustworthy by many citizens. Legitimacy and Criminal Justice is the first study of the perceived legitimacy of legal institutions outside the U.S. The authors investigate relations between courts, the police, and communities in the U.K., Western Europe, South Africa, Slovenia, South America, and Mexico, demonstrating the importance of social context in shaping those relations. Gorazd Meško and Goran Klemencic examine Slovenia's adoption of Western-style "community policing" during its transition to democracy. In the context of Slovenia's recent Communist past—when "community policing" entailed omnipresent social and political control—citizens regarded these efforts with great suspicion, and offered little cooperation to the police. When states fail to control crime, informal methods of law can gain legitimacy. Jennifer Johnson discusses an extra-legal policing system carried out by farmers in Guerrero, Mexico—complete with sentencing guidelines and initiatives to reintegrate offenders into the community. Feeling that federal authorities were not prosecuting the crimes that plagued their province, the citizens of Guerrero strongly supported this extra-legal arrangement, and engaged in massive protests when the central government tried to suppress it. Several of the authors examine how the perceived legitimacy of the police and courts varies across social groups. Graziella Da Silva, Ignacio Cano, and Hugo Frühling show that attitudes toward the police vary greatly across social classes in harshly unequal societies like Brazil and Chile. And many of the authors find that ethnic minorities often display greater distrust toward the police, and perceive themselves to be targets of police discrimination. Indeed, Hans-Jöerg Albrecht finds evidence of bias in arrests of the foreign born in Germany, which has fueled discontent among Berlin's Turkish youth. Sophie Body-Gendrot points out that mutual hostility between police and minority communities can lead to large-scale violence, as the Parisian banlieu riots underscored. The case studies presented in this important new book show that fostering cooperation between law enforcement and communities requires the former to pay careful attention to the needs and attitudes of the latter. Forging a new field of comparative research, Legitimacy and Criminal Justice brings to light many of the reasons the law's representatives succeed—or fail—in winning citizens' hearts and minds. A Volume in the Russell Sage Foundation Series on Trust
In the decades immediately following the Civil War, the United States expanded rapidly. As the nation grew, so too did federal law, moving into areas of citizens’ lives previously regulated by local custom and state and territorial statutes.
Drawing on contemporary accounts and the letters that flowed between the Washington office of the Justice Department and its attorneys and marshals throughout the states and territories, Cresswell uses a case-study approach to explore the enforcement of federal law in four regions. In northern Mississippi, the rights of freedmen to vote clashed with established rules of relations between blacks and whites. In Utah Territory, Mormon polygamy and economic dominance challenged the aspirations of non-Mormon settlers. In eastern Tennessee, desperate poverty lent enchantment to the easy money of moonshining. In Arizona Territory, frontier greed and violence threatened the lives of people and the chances of early admission to the Union of states.
Mormons and Cowboys, Moonshiners and Klansmen moves beyond these local case studies to illuminate larger questions, including the evolution of the American criminal justice system, the relationship of the South and the West to the rest of the nation, the workings of the 19th-century American bureaucracy, and conflict of the local, state, and federal governments.
Out of the efforts of these early federal marshals came the modern federal justice system, with its firm policy guidelines, its Federal Bureau of Investigation, and its broader powers over the country as a whole.
In November 1999, fifty-thousand anti-globalization activists converged on Seattle to shut down the World Trade Organization’s Ministerial Meeting. Using innovative and network-based strategies, the protesters left police flummoxed, desperately searching for ways to control the emerging anti-corporate globalization movement. Faced with these network-based tactics, law enforcement agencies transformed their policing and social control mechanisms to manage this new threat.
Policing Dissent provides a firsthand account of the changing nature of control efforts employed by law enforcement agencies when confronted with mass activism. The book also offers readers the richness of experiential detail and engaging stories often lacking in studies of police practices and social movements. This book does not merely seek to explain the causal relationship between repression and mobilization. Rather, it shows how social control strategies act on the mind and body of protesters.
In this in-depth examination of community policing in Seattle, William T. Lyons, Jr. explores the complex issues associated with the establishment and operation of community policing, an increasingly popular method for organizing law enforcement in this country.
Stories about community policing appeal to a nostalgic vision of traditional community life. Community policing carries with it the image of a safe community in which individual citizens and businesses are protected by police they know and who know them and their needs. However, it also carries an image of community based in partnerships that exclude the least advantaged, strengthen the police, and are limited to targeting those disorders feared by more powerful parts of the community and most amenable to intervention by professional law enforcement agencies.
The author argues that the politics of community policing are found in the construction of competing and deeply contested stories about community and the police in environments characterized by power inbalances. Community policing, according to the author, colonizes community life, increasing the capacity of the police department to shield itself from criticism, while manifesting the potential for more democratic forms of social control as evidenced by police attention to individual rights and to impartial law enforcement.
This book will be of interest to sociologists and political scientists interested in the study of community power and local politics as well as criminologists interested in the study of police.
William T. Lyons, Jr. is Assistant Professor of Political Science, University of Akron. He previously worked for the Seattle Police Department.
Americans find street crime terrifying and repellent. Yet we vicariously seek it out in virtually all of our media: books, newspapers, television, films, and the theatre. Stuart Scheingold confronts this cultural contradiction and asks why street crime is generally regarded in the trivializing and punitive images of cops and robbers that attribute crime to the willful acts of flawed individuals rather than to the structural shortcomings of a flawed society. In his case study of the police and criminal courts in the community he calls "Cedar City," a medium-sized city in the Western United States, Scheingold examines the effects of this cultural contradiction and these punitive predispositions on politics and policy making.
The increasing reliance on private security services raises questions about the effects of privatization on the quality of public police forces, particularly in high-crime, low-income areas. In an effective pro-and-con format, two experts on policing offer two strikingly different perspectives on this trend towards privatization. In the process, they provide an unusually thoughtful discussion of the origins of both the public police and the private security sectors, the forces behind the recent growth of private security operations, and the risks to public safety posed by privatization.
In his critique of privatization, Peter K. Manning focuses on issues of free market theory and management practices such as Total Quality Management that he believes are harmful to the traditional police mandate to control crime. He questions the appropriateness of strategies that emphasize service to consumers. For Brian Forst, the free market paradigm and economic incentives do not carry the same stigma. He argues that neither public nor private policing should have a monopoly on law enforcement activities, and he predicts an even more varied mix of public and private police activities than are currently available.
Following the two main sections of the book, each author assesses the other's contribution, reflecting on not just their points of departure but also on the areas in which they agree. The breadth and depth of the discussion makes this book essential for both scholars and practitioners interested in policing generally and privatization in particular.
Isolated by geology and passed over by development, the vast, waterless tablelands of the Edwards Plateau of Texas became the stage for one of the great nineteenth-century dramas of western justice. In 1873, opportunistic Anglo-Celtic cattlemen and homesteaders, protected by little other than personal firearms and their own bravado, began settling the stream-laced rangelands east of the plateau. An insidious criminal element soon followed: a family-based tribal confederation of frontier outlaws took root in the canyonlands around the forks of the Llano River, in unorganized and lawless Kimble County. Sometimes disguised as Indians, they preyed on neighbors, northbound trail herds, and stockmen in adjacent counties. They robbed stagecoaches repeatedly. They traded in border markets alongside Mexican Indian raiders, and may have participated in the brutal Dowdy massacre of 1878.Outnumbering and intimidating law-abiding settlers, the confederation took over the nascent Kimble County government in 1876. Only dogged persistence by Texas Rangers, with increasing support from citizens and local law officers, would stem the tide. Meticulously researched and documented, The Reckoning examines all the players. Rose shows frontier West Texas as it really was: a raw, lawless, unforgiving place and time that yielded only stubbornly to Order and its handmaiden, the Rule of Law.
In this book, Sam Mitrani cogently examines the making of the police department in Chicago, which by the late 1800s had grown into the most violent, turbulent city in America. Chicago was roiling with political and economic conflict, much of it rooted in class tensions, and the city's lawmakers and business elite fostered the growth of a professional municipal police force to protect capitalism, its assets, and their own positions in society. Together with city policymakers, the business elite united behind an ideology of order that would simultaneously justify the police force's existence and dictate its functions.
Tracing the Chicago police department's growth through events such as the 1855 Lager Beer riot, the Civil War, the May Day strikes, the 1877 railroad workers strike and riot, and the Haymarket violence in 1886, Mitrani demonstrates that this ideology of order both succeeded and failed in its aims. Recasting late nineteenth-century Chicago in terms of the struggle over order, this insightful history uncovers the modern police department's role in reconciling democracy with industrial capitalism.
Tracking the Texas Rangers: The Twentieth Century is an anthology of fifteen previously published articles and chapter excerpts covering key topics of the Texas Rangers during the twentieth century. The task of determining the role of the Rangers as the state evolved and what they actually accomplished for the benefit of the state is a difficult challenge. The actions of the Rangers fit no easy description. There is a dark side to the story of the Rangers; during the Mexican Revolution, for example, some murdered with impunity. Others sought to restore order in the border communities as well as in the remainder of Texas. It is not lack of interest that complicates the unveiling of the mythical force. With the possible exception of the Alamo, probably more has been written about the Texas Rangers than any other aspect of Texas history. Tracking the Texas Rangers covers leaders such as Captains Bill McDonald, "Lone Wolf" Gonzaullas, and Barry Caver, accomplished Rangers like Joaquin Jackson and Arthur Hill, and the use of Rangers in the Mexican Revolution. Chapters discuss their role in the oil fields, in riots, and in capturing outlaws. Most important, the Rangers of the twentieth century experienced changes in investigative techniques, strategy, and intelligence gathering. Tracking looks at the use of Rangers in labor disputes, in race issues, and in the Tejano civil rights movement. The selections cover critical aspects of those experiences--organization, leadership, cultural implications, rural and urban life, and violence. In their introduction, editors Bruce A. Glasrud and Harold J. Weiss, Jr., discuss various themes and controversies surrounding the twentieth-century Rangers and their treatment by historians over the years. They also have added annotations to the essays to explain where new research has shed additional light on an event to update or correct the original article text.
Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust
From Chicago's Al Capone to Waco's David Koresh, the Bureau of Alcohol, Tobacco, and Firearms has taken on America's most ruthless criminals and single-minded fanatics. In Very Special Agents, a longtime ATF veteran delivers the first full disclosure of the bureau's controversial exploits.
When James Moore joined the ATF at Newark, New Jersey, in 1960, it was an arm of the Internal Revenue Service with one job: to catch the Mafia bootleggers whose Prohibition-style distilleries each cheated Uncle Sam of $20,000 a day in tax revenue. During his twenty-five years of service, Moore saw the ATF shift into the enforcement of gun laws, be reborn as a separate bureau, and take on the bombings and arson cases that most officers of the law wrote off as impossible to solve.
From heartstopping undercover sting operations to explosive face-to-face confrontations with mobsters, murderers, bombers, gang members, and terrorists, Very Special Agents takes the reader to the heart of the action. Moore's personal, from-the-hip history of the ATF spans the long-running war against Mafia dons and drug dealers and agents' daring infiltration of the Ku Klux Klan, Hell's Angels, and other groups that advocate violence and bloodshed. He covers the cutting edge forensics work that helped crack the World Trade Center and Oklahoma City bombings, and he provides an insider account of the raid on the Branch Davidians at Waco, Texas. Moore also discusses the ATF's rivalry with the FBI and the bureaucratic hairsplitting and political power games that, in his view, impede the government's ability to short-circuit crime.
As policing has recently become a major topic of public debate, it was also a growing area of ethnographic research. Writing the World of Policing brings together an international roster of scholars who have conducted fieldwork studies of law enforcement in disadvantaged urban neighborhoods on five continents. How, they ask, can ethnography illuminate the role of the police in society? Are there important aspects of policing that are not captured through interviews and statistics? And how can the study of law enforcement shed light on the practice of ethnography? What might studying policing teach us about the epistemological and ethical challenges of participant observation? Beyond these questions of crucial interest for criminology and, more generally, the social sciences, Writing the World of Policing provides a timely discussion of one of the most problematic institutions in contemporary society.