A SCHOLARLY BOOK REPOSITORY
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.
All Our Trials explores the organizing, ideas, and influence of those who placed criminalized and marginalized women at the heart of their antiviolence mobilizations. This activism confronted a "tough on crime" political agenda and clashed with the mainstream women’s movement’s strategy of resorting to the criminal legal system as a solution to sexual and domestic violence. Drawing on extensive archival research and first-person narratives, Thuma weaves together the stories of mass defense campaigns, prisoner uprisings, broad-based local coalitions, national gatherings, and radical print cultures that cut through prison walls. In the process, she illuminates a crucial chapter in an unfinished struggle––one that continues in today’s movements against mass incarceration and in support of transformative justice.
A well-disciplined army was vital to win American independence, but policing soldiers during the Revolution presented challenges. George Washington’s Enforcers: Policing the Continental Army examines how justice was left to the overlapping duties of special army personnel and how an improvised police force imposed rules and regulations on the common soldier. Historian Harry M. Ward describes these methods of police enforcement, emphasizing the brutality experienced by the enlisted men who were punished severely for even light transgressions. This volume explores the influences that shaped army practice and the quality of the soldiery, the enforcement of military justice, the use of guards as military police, and the application of punishment.
Washington’s army, which adopted the organization and justice code of the British army, labored under the direction of ill-trained and arrogant officers. Ward relates how the enlisted men, who had a propensity for troublemaking and desertion, not only were victims of the double standard that existed between officers and regular troops but also lacked legal protection in the army. The enforcement of military justice afforded the accused with little due process support.
Ward discusses the duties of the various personnel responsible for training and enforcing the standards of behavior, including duty officers, adjutants, brigade majors, inspectors, and sergeant majors. He includes the roles of life guards, camp guards, quarter guards, picket men, and safe guards, whose responsibilities ranged from escorting the commander in chief, intercepting spies and stragglers, and protecting farmers from marauding soldiers to searching for deserters, rounding up unauthorized personnel, and looking for delinquents in local towns and taverns.
George Washington’s Enforcers, which includes sixteen illustrations, also addresses the executions of the period, as both ritual and spectacle, and the deterrent value of capital punishment. Ward explains how Washington himself mixed clemency with severity and examines how army policies tested the mettle of this chief disciplinarian, who operated by the dictates of military necessity as perceived at the time.
Hooligans in Khrushchev's Russia offers the first comprehensive study of how Soviet police, prosecutors, judges, and ordinary citizens during the Khrushchev era (1953–64) understood, fought against, or embraced this catch-all category of criminality. Using a wide range of newly opened archival sources, it portrays the Khrushchev period—usually considered as a time of liberalizing reform and reduced repression—as an era of renewed harassment against a wide range of state-defined undesirables and as a time when policing and persecution were expanded to encompass the mundane aspects of everyday life. In an atmosphere of Cold War competition, foreign cultural penetration, and transatlantic anxiety over "rebels without a cause," hooliganism emerged as a vital tool that post-Stalinist elites used to civilize their uncultured working class, confirm their embattled cultural ideals, and create the right-thinking and right-acting socialist society of their dreams.
He considers how contemporary police institutions have developed. Police forces worldwide tend to be public rather than private, to concentrate on crime fighting rather than services, and to be professionally trained and recruited. There is, however, great variation in the structure of police forces, which are generally either centralized or, as in the United States, decentralized.
The behavior of the police toward their constituents also varies by nation. As urbanization and industrialization increase, the public finds itself in greater contact with police and may begin to rely on them more for protection. There are also marked differences cross-nationally in the way police relate to political and community life.
This book reflects a conscious attempt to follow the general model of Martin Heidegger’s Zollikon Seminars, in which Heidegger engaged psychiatrists and psychologists in a sustained dialogue aimed at developing their critical awareness of the unexamined philosophical foundations informing their everyday clinical practice. Wender draws on Heidegger to argue that “praxis is poetry” and from this standpoint interprets all social action as intentional creation (or “poiesis”), which by its very nature is intrinsically meaningful. Using an interpretive framework that he calls a “phenomenological aesthetics of encounter,” Wender takes up a number of case studies of police-citizen encounters, including cases of domestic violence, contacts with juveniles, drug-related situations, instances of mental and emotional crisis, and death.
In this work, Dorothy Guyot asks: What makes a good police department? In analyzing the transformation of the police department in Troy, New York. she explains a set of standards by which the quality of police service can be judged and illustrates a way to improve services over the long run. Throughout her case study and analysis, Guyot asks penetrating questions about the performance of police departments. She maintains that when police officers are treated as professionals by their department, they will act professionally toward citizens. This examination of fifteen years of policymaking within a single department looks at policing as a complex social service in an urban environment.
Rather than accepting the traditional "chain of command" authoritarian model of police administration, Guyot draws an analogy to hospital organization and suggests that the practitioner, whether a physician or a cop on the beat, performs the service with a tremendous amount of discretion. It follows that better management tactics at the police chief level as well as better employment policies will result in more responsible and dedicated policing by officers. The author demonstrates how, under the leadership of George W. O’Connor, the Troy P.D. changed from a backward department to one that promotes competence, as well as concern for citizens, among its individual officers.
The book is organized by issues and provides a full picture of how upgrading can be achieved through clear and specific goals. Throughout this case study, Guyot provides many examples of the behavior of police officers on the street, to illustrate the differences made by restructuring the department.
When natural disasters and emergencies strike, the short- and long-term effects of these events on first responders—the very people society relies upon in the midst of a catastrophe—are often overlooked. Policing in Natural Disasters provides a comprehensive analysis of the major challenges faced by law enforcement officers during extreme crisis events. Terri Adams and Leigh Anderson examine the dilemmas police departments face as well as the impact of the disasters on the professional and personal lives of the officers. Case studies explore the response and recovery phases of emergencies including Hurricane Katrina, the 2010 earthquake and subsequent tsunami in Santiago, Chile, and the Superstorm Tornado Outbreak in 2011.
Policing in Natural Disasters was inspired by the personal accounts of triumph and tragedy shared by first responders. It provides an understanding of first-responder behaviors during disasters, as well as the preparedness, mitigation, response and recovery policy implications for first responders and emergency managers. As first responders must frequently cope with stress, uncertainty, and threats to their health and safety during high-consequence events, Adams and Anderson provide lessons from first-hand experiences of police officers that can lead to better management in times of crisis.
The NYPD is America’s largest and most celebrated law enforcement agency. This book examines the history of policing in New York City, from colonial days and the formation of the NYPD at the turn of the twentieth century, through 1930s battles with the Mafia to the Zero Tolerance of the 1990s. Jules Stewart explores political influence, corruption, reform, and community relations through stories of the NYPD’s commissioners and the visions they had for the force and the city, as well as at the level of cops on the beat.
This book is an indispensable chronicle for anyone interested in policing and the history of New York.
A Smithsonian Best History Book of the Year
Winner of the Littleton-Griswold Prize
Winner of the Ralph Waldo Emerson Award
Winner of the Order of the Coif Award
Winner of the Sidney M. Edelstein Prize
Winner of the David J. Langum Sr. Prize in American Legal History
Winner of the Berkshire Conference of Women Historians Book Prize
“From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked.”
—Smithsonian
When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power, a radical transformation with far-reaching consequences.
Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone—law-breaking and law-abiding alike—is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court’s due process revolution and argues that the Supreme Court’s efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation’s commitment to equal protection before the law.
“With insights ranging from the joy of the open road to the indignities—and worse—of ‘driving while black,’ Sarah Seo makes the case that the ‘law of the car’ has eroded our rights to privacy and equal justice…Absorbing and so essential.”
—Paul Butler, author of Chokehold
“A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity.”
—Hua Hsu, New Yorker
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.
Intrusive searches for alcohol during Prohibition destroyed middle-class Americans' faith in police and ushered in a new basis for controlling police conduct. State courts in the 1920s began to exclude perfectly reliable evidence obtained in an illegal search. Then, as Prohibition drew to a close, a presidential commission awakened the public to torture in interrogation rooms, prompting courts to exclude coerced confessions irrespective of whether the technique had produced a reliable statement.
Prohibition's scheme lingered long past the Roaring '20s. Racial tensions and police brutality were bigger concerns in the 1960s than illegal searches, yet when the Supreme Court imposed limits on officers' conduct in 1961, searches alone were regulated. Interrogation law during the 1960s, fundamentally reshaped by the Miranda ruling, ensured that suspects who invoked their rights would not be subject to coercive tactics, but did nothing to ensure reliable confessions by those who were questioned. Explicitly recognizing that its decisions excluding evidence had not been well-received, the Court in the 1970s refused to exclude identifications merely because they were made in suggestive lineups. Perhaps a larger project awaits—refocusing our rules of criminal procedure on those concerns from which Prohibition distracted us: conviction accuracy and the use of force by police.
The Streets of San Francisco uncovers the seldom reported, street-level interactions between police officers and San Francisco residents and finds that police discretion was the defining feature of mid-century law enforcement. Postwar police officers enjoyed great autonomy when dealing with North Beach beats, African American gang leaders, gay and lesbian bar owners, Haight-Ashbury hippies, artists who created sexually explicit works, Chinese American entrepreneurs, and a wide range of other San Franciscans. Unexpectedly, this police independence grew into a source of both concern and inspiration for the thousands of young professionals streaming into the city's growing financial district. These young professionals ultimately used the issue of police discretion to forge a new cosmopolitan liberal coalition that incorporated both marginalized San Franciscans and rank-and-file police officers. The success of this model in San Francisco resulted in the rise of cosmopolitan liberal coalitions throughout the country, and today, liberal cities across America ground themselves in similar understandings of democracy, emphasizing both broad diversity and strong policing.
The Truth Machines examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors.
Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention.
Contributors. Kim Shayo Buchanan, Samira Bueno, Andrew M. Carruthers, Didier Fassin, Ilana Feldman, Phillip Atiba Goff, Jesse A. Goldberg, Rivke Jaffe, Caren Kaplan, Shamus Khan, Andrea Miller, Fatima Mojaddedi, Stuart Schrader, Madiha Tahir, Michelle C. Velasquez-Potts, Graham Denyer Willis
Contributors consider the interning or policing of citizens of color, the activism of radicals, structural racism, destruction and death in New Orleans following Hurricane Katrina, and the FBI Counterintelligence Program designed to quash domestic dissent. Among the first-person accounts are an interview with Dhoruba Bin Wahad, a Black Panther and former political prisoner; a portrayal of life in prison by a Plowshares nun jailed for her antinuclear and antiwar activism; a discussion of the Puerto Rican Independence Movement by one of its members, now serving a seventy-year prison sentence for sedition; and an excerpt from a 1970 letter by the Black Panther George Jackson chronicling the abuses of inmates in California’s Soledad Prison. Warfare in the American Homeland also includes the first English translation of an excerpt from a pamphlet by Michel Foucault and others. They argue that the 1971 shooting of George Jackson by prison guards was a murder premeditated in response to human-rights and justice organizing by black and brown prisoners and their supporters.
Contributors. Hishaam Aidi, Dhoruba Bin Wahad (Richard Moore), Marilyn Buck, Marshall Eddie Conway, Susie Day, Daniel Defert, Madeleine Dwertman, Michel Foucault, Carol Gilbert, Sirène Harb, Rose Heyer, George Jackson, Joy James, Manning Marable, William F. Pinar, Oscar Lòpez Rivera, Dylan Rodríguez, Jared Sexton, Catherine vön Bulow, Laura Whitehorn, Frank B. Wilderson III
Drawn from King’s intensive field work, the book focuses on the physical, legal, political, and ideological dimensions of repression—in the streets, in courtrooms, in the media, in city hall, and within the movement itself—When Riot Cops Are Not Enough highlights the central role of political legitimacy, both for mass movements seeking to create social change, as well as for governmental forces seeking to control such movements. Although Occupy Oakland was different from other Occupy sites in many respects, King shows how the contradictions it illuminated within both social movement and police strategies provide deep insights into the nature of protest policing generally, and a clear map to understanding the full range of social control techniques used in North America in the twenty-first century.
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