Introduction Flashcards
Networks of Informal, Private and State Provision
- Communal self-policing
Hue and Cry
- Private policing
Prosecution societies
‘Thief Takers’
- State involvement
Riots and public order: military and militia
The birth of the ‘new police’: What happened and when?
- Social context
Late 18th C – industrialization, urbanization, mobility and social dislocation
Concerns about rising crime and mob disorder - Legal precursors in Ireland and Scotland
1786 Dublin Police Act
1800 Glasgow Police Act
3. Establishment of the New Police in England & Wales 1829 Metropolitan Police Act 1839 County Police Act 1856 County and Borough Police Act Sources of opposition
‘Orthodox’ v . ‘Radical’ explanations
- Orthodox histories (e.g. Reith 1948)
Rational response to growing problems of crime and disorder associated with industrialisation, old system of policing inefficient and corrupt
Opposition due to narrow self-interest, stupidity and/or criminality
New policing reduced crime/disorder benefiting all but particularly the poor - Radical (‘Revisionist’) histories (e.g. Spitzer and Scull 1977)
Response to the control needs of industrial capitalism (political threats of ‘dangerous’ classes, need to discipline workers outside of the factory)
Entrenched opposition from the poor and working class (vocal opposition in parliament from MPs representing working class areas, anti-police riots)
Main beneficiaries were the capitalist class
Ideological role of ‘New Police’ – symbolism/imagery vital to their acceptance
‘Policing by consent’: The principles of the New Policing (Rowan and Mayne – first Commissioners of the Metropolitan Police)
- Bureaucratic organization
- Rule of Law
- Minimal Force
- Non-partisanship
- Accountability
- Service Role
- Prevention
- Effectiveness
The Dixon Years: The Golden Age of British policing?
- 1950s – height of the imagery of ‘policing by consent’
- Full employment, extension of franchise, unions and rise of Labour Party
- Welfare state and growing equality
- Policing as a ‘sacred’ institution
Challenges to police legitimacy: Late 1960s-1990s
- Increasing crime rates and insecurity
- Growing middle class conflict with police
- Miscarriages of justice
- Police corruption scandals
- ‘Paramilitary’ public order policing
- Politicization of policing
- Wider societal changes – breakdown of post-war consensus, growing inequality and social divisions, more individualistic and less deferential society
August 2011: The English Riots
- Most serious civil disorder since 1980s
- London, Birmingham, Liverpool, Manchester, Salford
- 5 deaths, 100s injured, £millions damage
- Toxic relations between policing and young people in inner city areas (see Newburn 2015)
Conclusions: Back to the Future?
• Significant continuities today with ‘pre-police policing’
- Private security, diversification of patrol provision, growing ‘self-help’ provision
- Austerity and police cuts
• But also major differences from past eras
- Mass media and globalization
- Continued symbolic dominance of the public police
- “The police are a Teflon service: they have survived all manner of scandal and controversy to remain a powerful political and cultural force” (Reiner, 2010)
Definition of Police Discretion
“The unwritten rule that police officers have the right to be selective in how they do their jobs as long as they stay within widely prescribed departmental guidelines.”
Key Elements:
• Deciding which rules to apply to a given situation
• Deciding whether to apply them
Lord Scarman (1981)
“The exercise of discretion lies at the heart of the policing function. It is undeniable that there is only one law for all; and it is right that this should be so. But it is equally well recognized that successful policing depends on the exercise of discretion on how the law is enforced. Discretion is the art of suiting action to particular circumstances.”
Police Discretion
- Is THE defining feature of police work
- Is concentrated in the lower ranks of the police organisation
- ‘Street-level bureaucrats’ (Lipsky, 1980)
Sources of Discretion
• Nature of criminal law
- Vague definitions, conflicting expectations
- Law used for social and medical problems
• Police work environment
- Limited supervision of officers
- Private encounters
• Limited police resources
- Myth of full enforcement
Police discretionary decisions
- Recording crime
- Stops and searches
- Collecting evidence
- Making arrests
- Proactive investigations
- Case finalization
Factors Influencing Discretionary Decisions - 1
• Situational features of the incident**
- Seriousness of the crime
- Strength of the evidence
- Victim preference
- Relationship between victim and suspect
- Suspect demeanour and condition
- Victim characteristics
- Numbers, volume or aggression
** Most important determinants of police behaviour
Factors Influencing Discretionary Decisions - 2
• Immediate work environment
- Location
- Time
•Force characteristics
- Specific/formalized policy
- Professionalism/bureaucratization (Wilson)
•Officer characteristics
- Race
- Gender
- Education