2. Stop and search

2021 ◽  
pp. 53-109
Author(s):  
Alpa Parmar
Keyword(s):  
Police Culture ◽  
Legal Constraints ◽  
Exercise Of Discretion ◽  
The Impact ◽  
Stop And Search

This chapter examines the powers of the police to stop and search people in the context of an initial discussion of police culture and discretion in general. The development of greater powers over the last 35 years since the Police and Criminal Evidence Act 1984 (PACE) was introduced is charted. The chapter considers whether stop and search is racially discriminatory; the constraints and controls on the exercise of discretion; and the impact of stop-search powers. It argues that the working assumptions based on ‘suspiciousness’—i.e. hunch, incongruity, and stereotyping on the basis of types of people, previous records, and so forth—still play as important a part in influencing the exercise of discretion as do legal constraints. This is all true even when responding to citizen reports of suspected offences.

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

Privacy and the Internet

2016 ◽  
Keyword(s):  
The Internet ◽  
Eu Directive ◽  
The Right To Know ◽  
The Us ◽  
Legal Constraints ◽  
Government Surveillance ◽  
Online Traffic ◽  
The Right ◽  
Power Needs ◽  
The Impact

Chapter 14 deals with privacy, surveillance, and the right to know in the context of the internet. Edward Snowden’s disclosures of thousands of classified documents from the US National Security Agency served as a wake-up call. People are beginning to realize that government surveillance is widespread and intrusive, and that this intrusive power needs to be subject to legal safeguards. The chapter considers the legal constraints governing UK legislation and the impact of the decision in the Digital Rights Ireland case that EU Directive 2006/24/EC, which provided for the mass retention and disclosure of individuals’ online traffic data, is invalid. It considers the recent English cases and concludes by examining the framework which has been suggested for regulating the turbulent digital age in which we now live, drawing on David Anderson QC’s report ‘A Question of Trust’ and the European Court’s decision in the Google Spain case.

Connecting Work To Workers’ Social Past: A Dispositional Analysis of Police Work

2020 ◽  
Vol 61 (1) ◽  
pp. 123-142
Author(s):  
David Pichonnaz
Keyword(s):  
Social Mobility ◽  
Police Officers ◽  
Gender Socialization ◽  
Subsequent Development ◽  
Police Work ◽  
Police Culture ◽  
New Approach ◽  
And Gender ◽  
The Impact

Abstract This article explores the impact of experiences police officers went through before they joined the Force on how they see and perform their job. I propose a new approach to police culture and practices based on a Bourdieu-inspired model of analysis, which includes its subsequent development by Lahire’s ‘dispositional analysis’. The model looks at how dispositions interiorized—particularly through the experience of social mobility and gender socialization—have a great impact on how police officers see and perform their job. The results suggest that divisions within police culture, long acknowledged by criminologists and sociologists, can be explained by the prior socialization of police officers.

scholarly journals Developmental Predictors of Violent Extremist Attitudes

2017 ◽  
Vol 54 (6) ◽  
pp. 755-790 ◽  
Author(s):  
Amy Nivette ◽  
Manuel Eisner ◽  
Denis Ribeaud
Keyword(s):  
Ethnically Diverse ◽  
Ordinary Least Squares ◽  
Conditional Effects ◽  
The Social ◽  
Violent Extremism ◽  
Rule Breaking ◽  
Legal Constraints ◽  
Moral Neutralization ◽  
And Control ◽  
The Impact

Objectives: This study examines the influence of collective strain on support for violent extremism among an ethnically diverse sample of Swiss adolescents. This study explores two claims derived from general strain theory: (1) Exposure to collective strain is associated with higher support for violent extremism and (2) the effect of collective strain is conditional on perceptions of moral and legal constraints. Methods: This study uses data from two waves of the Zurich Project on the Social Development of Children and Youth. We use ordinary least squares procedures to regress violent extremist attitudes at age 17 on strain, moral and legal constraints, and control variables measured at ages 15 to 17. Conditional effects were examined using an interaction term for collective strain and moral neutralization and legal cynicism, respectively. Results: The results show that collective strain does not have a direct effect on violent extremist attitudes once other variables are controlled. However, the degree to which individuals neutralize moral and legal constraints amplifies the impact of collective strain on violent extremist attitudes. Conclusions: This study shows that those who already espouse justifications for violence and rule breaking are more vulnerable to extremist violent pathways, particularly when exposed to collective social strife, conflict, and repression.

The Aftermath

2020 ◽  
pp. 54-79
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Capital Punishment ◽  
Police Culture ◽  
Criminal Investigation ◽  
Royal Commission ◽  
Home Office ◽  
Public Pressure ◽  
Police Deviance ◽  
The Face ◽  
The Impact ◽  
Police Questioning

Chapter 4 traces the aftermath of the formulation of the Judges’ Rules over the period 1918–60 including their reissue and additional interpretations of 1930, 1946, and 1947. In this account the technical disarray over the meaning of the Rules is analysed and the consequences for policing practices. There is an emphasis both upon the impact upon police culture, particularly within the Criminal Investigation Department (CID) from its origins in 1878, and the emergence and intensification of various forms of police deviance and corruption. The chapter links these developments to the experiences of suspects subjected to police questioning practices alongside, in the age of capital punishment, accounts of early cases of miscarriages of justice including that of Timothy Evans for murders committed by John Reginald Christie. In the face of Home Office resistance, public pressure eventually forced the establishment of a Royal Commission on the Police (1962) and a separate review of the Judges’ Rules (1964).

The development of moral reasoning skills in police recruits

2015 ◽  
Vol 38 (1) ◽  
pp. 102-116 ◽  
Author(s):  
Annelies De Schrijver ◽  
Jeroen Maesschalck
Keyword(s):  
Moral Reasoning ◽  
Police Officers ◽  
Ethical Decision Making ◽  
Code Of Ethics ◽  
Moral Dilemmas ◽  
Police Culture ◽  
Police Recruits ◽  
Content Type ◽  
Reasoning Skills ◽  
The Impact

Purpose – Police officers are frequently confronted with moral dilemmas in the course of their job. The authors assume new police officers need guidance, and need to be taught at the police academy how to deal with these situations. The purpose of this paper is to obtain insight into the impact of socialization on police recruits’ knowledge of the code of ethics and their moral reasoning skills. Design/methodology/approach – The study applied a longitudinal mixed methods design, using two methods. The first method was a qualitative observation of integrity training sessions at five police academies in Belgium. The second method was a quantitative survey-measurement of recruits’ knowledge of the code of ethics and their moral reasoning skills at three points in time: the beginning of their theoretical training, before their field training and afterwards. Findings – The analyses show differences between the police academies in their integrity training sessions. Some of these differences are reflected in different levels of knowledge of the code of ethics. As for the development pattern of recruits’ moral reasoning skills, the study found almost no differences between the academies. Perhaps this is because recruits already have relatively high scores when they start, leaving little room for improvement during the one year training program. This suggests an important role of the police selection procedure. Originality/value – Previous research on socialization and police culture has focussed on recruits being socialized in a negative police culture where misconduct is learned. This is a negative interpretation of police integrity. A positive one refers to ethical decision making generally, and moral reasoning specifically. The impact of the socialization process on recruits’ moral reasoning is empirically understudied.

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