Security, the State, and the Citizen: The Changing Architecture of Crime Control

2010 ◽  
Vol 13 (2) ◽  
pp. 379-403 ◽  
Author(s):  
Lucia Zedner
Keyword(s):  
Criminal Law ◽  
Political Discourse ◽  
Due Process ◽  
Crime Control ◽  
Policy Formation ◽  
The State ◽  
Political Community ◽  
The Public ◽  
Bona Fide

Citizenship has become a buzz word of political discourse and policy formation. Recent formulations convey the message that rights are contingent on earning membership in a political community and carry corresponding responsibilities. Acquiring citizenship entails a more rigorous process of validation and conformity with prescribed norms. The notion of probationary citizenship (developed in respect of immigrants) is extended to all those whose standing as full citizens is in doubt. Citizenship comes to be used as a means of policing and a tool of the criminal law. Assertion of the state's duty to provide security for bona fide citizens provides the rationale for measures that are preemptive, exclusionary, and pay scant regard to procedural proprieties. They create a caste of outlaws and aliens whose status renders them suspect aside from any wrongdoing; whose interests are compromised in the name of protecting the public; and who must requalify to enjoy full citizenship. One means of resisting these trends is adherence to a liberal model of the criminal law and assertion of due process protections as security rights for all individuals against the state.

‘Party in the street’: The partisan politics of space

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
State Power ◽  
Public Spaces ◽  
The State ◽  
Political Community ◽  
Democratic Legitimacy ◽  
Partisan Politics ◽  
The Public ◽  
The Public Sphere

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.

War without Citizens

2018 ◽  
Vol 5 (1) ◽  
pp. 18-38
Author(s):  
Stephen J. Rosow
Keyword(s):  
United States ◽  
Consumer Culture ◽  
The United States ◽  
The State ◽  
Political Community ◽  
Democratic Citizenship ◽  
The Political ◽  
The Public ◽  
Liberal Democratic ◽  
Advanced Technologies

Contestation over war memorialization can help democratic theory respond to the current attenuation of citizenship in war in liberal democratic states, especially the United States. As war involves more advanced technologies and fewer soldiers, the relation of citizenship to war changes. In this context war memorialization plays a particular role in refiguring the relation. Current practices of remembering and memorializing war in contemporary neoliberal states respond to a dilemma: the state needs to justify and garner support for continual wars while distancing citizenship from participation. The result is a consumer culture of memorialization that seeks to effect a unity of the political community while it fights wars with few citizens and devalues the public. Neoliberal wars fought with few soldiers and an economic logic reveals the vulnerability to otherness that leads to more active and critical democratic citizenship.

scholarly journals El orden público bajo la amenaza de la criminalidad organizada

2013 ◽  
Author(s):  
Julián López Muñoz
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Organized Crime ◽  
Criminal Organization ◽  
The State ◽  
Public Order ◽  
The Public ◽  
The United Nations ◽  
Derecho Penal ◽  
Legal Right

Existe la necesidad de crear un concepto o definir, en términos jurídicos, el significado de crimen organizado, en sentido global. A pesar de que Naciones Unidas lo ha intentado, no todos sus países miembros han seguido el mandato. España ha incluido en su Derecho Penal un nuevo tipo delictivo: la organización y el grupo criminal. El orden público, como bien jurídico superior, se verá con esta medida protegido y también el Estado se verá defendido de la acción desestabilizadora procedente de la «gran criminalidad».There is a need to create a concept or define globally, in legal terms, the meaning of the organized crime. Despite the United Nations have attempted it, not all the Member Countries have followed their mandate. Spain has included in its Criminal Law a new category of offence: the criminal organization and group. The public order, as a superior legal right, will be protected by this measure and also, the State will be defended against the destabilizing action from the «great criminality».

scholarly journals The Prosecution in Trial In Absentia Of Money Laundering Case Resulted from Conventional Case

2019 ◽  
Vol 06 (02) ◽  
pp. 297-319
Author(s):  
Rudi Sudirdja
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Due Process ◽  
Analytical Description ◽  
Public Prosecutor ◽  
The Public ◽  
Single Form ◽  
Due Process Of Law ◽  
The One ◽  
Principle Of Legality

In Indonesia, the provision of in absentia in the Money Laundering Crime Law raises problems if the crime act is originally conventional crime act. Conventional crime act should be handled based on the provisions of the Indonesian Criminal Law Procedures Code. On the one hand, the Money Laundering Crime Law regulates the provisions of the court in absentia and, on the other hand, the Indonesian Criminal Law Procedures Code does not recognize trial in absentia. This study covers the issue. To be precise, it reveals the possibility of a conventional crime act that is charged with the Money Laundering Crime Law to be tried in absentia based on the principle of formal legality. In addition, it discusses the strategy of prosecution of money laundering crime act in trial in absentia for cases that are originally conventional crime act based on the principle of due process of law. This study used analytical description research specifications and the normative juridical method. The data was collected through a document study. In accordance with the approaches, the data were analyzed in qualitative-juridical manners. This study concludes several points. The first, based on the principle of legality of formal law, the implementation of trial in absentia against general criminal acts cannot be carried out. The second, based on the principle of due process of law, the prosecution strategy in trial in absentia fur such cases are that (1) the prosecution of money laundering crime and original crime must be done separately; (2) the public prosecutor must delay the transfer of original criminal acts to the court until the accused is found and presented; (3) the indictment must be prepared in a single form; (4) the indictment must draw legal facts about the original crime; and (5) the public prosecutor can prove the legal facts about the original crime in the element of ‘assets resulting from the crime’ in the money laundering offense.

scholarly journals Privatizing Crime Control

2018 ◽  
Vol 679 (1) ◽  
pp. 55-71 ◽  
Author(s):  
Nick Tilley
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
Crime Prevention ◽  
Crime Control ◽  
The State ◽  
Nonstate Actors ◽  
The Public ◽  
Private Interests ◽  
Full Responsibility ◽  
Reducing Costs

Crime problems largely result from opportunities, temptations, and provocations that have been provided to offenders unintentionally by those pursuing other private interests. There is a widespread notion that the state and its agencies can and ought to take full responsibility for crime control and that there is, therefore, nothing that nonstate actors can or need to do. In practice, there is little that the state can do directly to address the opportunities, temptations, and provocations for crime; but where crime control responsibilities have been accepted in the private sector, successful measures to reduce opportunities and temptations have been devised and adopted, preventing many crimes and reducing costs that would otherwise fall on the state as well as on victims. This article sets out the reasons why a shift in responsibility for crime prevention from the public to private sector can produce patterns of crime control that are both effective and socially desirable, albeit important roles remain for the public sector in stimulating and supporting such measures.

The Mechanism for Imposing Punishment as a Tool for Implementing the Principle of Justice

2020 ◽  
pp. 32-37
Author(s):  
Vadim D. Filimonov ◽  
Keyword(s):  
Public Relations ◽  
Personality Traits ◽  
Antisocial Behavior ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Social Phenomenon ◽  
The Public ◽  
The Social ◽  
Principle Of Justice

The article examines justice as a principle of law and as criminal principle of justice as a principle of compensated justice. The measure of justice in punishment is mainly the correspondence of the punishment to the public danger of the committed crime, i.e. a certain equality of harm caused by criminals to other persons, society or the state, and the severity of the punishment imposed on them. The author argues that a court that follows the principle of justice in imposing punishments has to establish two types of genetic correspondence. The first type is the correspondence of the criminal behavior, circumstances of the crime and the culprit’s personality to the public danger of the criminal’s personality as a criminological basis for imposing punishment. This correspondence employs the genesis of criminal behavior to substantiate the imposed punishment. The rejection of this correspondence could lead to a misconception about the nature and degree of social danger of the perpetrator’s personality as well as an unreasonable type and amount of punishment for the committed crime. The second type consists in the compliance of the type and amount of punishment with the grounds for its imposition ˗the social need to oppose antisocial behavior and personality traits of the guilty person with such a punishment that meets the interests of law-abiding citizens, society, and the state, that is, a social phenomenon that embodies the genesis of criminal law regulation of public relations. The author claims that that it is necessary to identify not only the above-mentioned types of genetic and other correspondences in the mechanism of imposing a punishment, but also take into account the correspondence in terms of proportionality, especially when it comes to the compliance of the punishment with the gravity of the crime committed. Having analyzed all types of correspondences in the mechanism of punishment imposition, the author concludes that since the indicated types of orrespondences in the system of punishment imposition determine the activity of the court, insofar they act as its regulators. The ability to regulate the activities of the court turns their entire set into an instrument for introducing the principle of justice into punishment. Therefore, the mechanism for imposing punishment manifests itself in the process of regulating criminal law relations as a legal instrument for implementing the principle of justice in punishment.

Concluding Remarks to Part 3

2018 ◽  
Author(s):  
Jonathan Preminger
Keyword(s):  
Government Policy ◽  
The State ◽  
Political Community ◽  
Individual Responsibility ◽  
The Political ◽  
The Public ◽  
The Third ◽  
Third Sphere ◽  
Relationship Of ◽  
The Relationship

Chapter 15 summarizes the chapters which addressed the third sphere, the relationship of labor to the political community. It reiterates that since Israel was established, the labor market’s borders have become ever more porous, while the borders of the national (Jewish) political community have remained firm: the Jewish nationalism which guides government policy is as strong as ever. NGOs, drawing on a discourse of human rights, are able to assist some non-citizens but this discourse also resonates with the idea of individual responsibility: the State is no longer willing to support “non-productive” populations, who are now being shoehorned into a labor market which offers few opportunities for meaningful employment, and is saturated by cheaper labor intentionally imported by the State in response to powerful employer lobbies. These trends suggest a partial reorientation of organized labor’s “battlefront”, from a face-off with capital to an appeal to the public and state.

Reframing Audience

2014 ◽  
pp. 148-164 ◽  
Author(s):  
G. R. Boynton ◽  
Glenn W. Richardson Jr.
Keyword(s):  
Political Discourse ◽  
Public Domain ◽  
Black Box ◽  
The State ◽  
Evaluative Judgment ◽  
Critical Importance ◽  
The Public ◽  
State Of The Union

Analysis of the audiences for the state of the union addresses on Twitter from 2010-2012 provides analytical leverage in unpacking the concept of audience, which has largely inhabited an analytical “black box,” seen as of critical importance but little understood. The authors frame audience as “co-motion” as it evolves from a broadcast medium to a medium of interaction in three moves: hashtags that establish a space for gathering, retweets that share reading, and sharing of urls that serve to communicate importance, evaluative judgment, and justification. They contrast the response of the congressional audience and the Twitter audience and find, while there was substantial overlap in their applause, members of Congress were less responsive than the Twitter audience to the president's calls for them to meet their responsibilities and less responsive to criticisms of major corporations. The authors find a vibrant political discourse on Twitter reaching a potential audience that rivals in size that of television, as audience becomes the public domain.

Stop and Search as a Respectful Encounter

2020 ◽  
pp. 68-94
Author(s):  
Gabrielle Watson
Keyword(s):  
Police Officers ◽  
Due Process ◽  
Crime Control ◽  
Legal Regulation ◽  
Bodily Integrity ◽  
The Public ◽  
Minority Ethnic Groups ◽  
Statutory Power ◽  
Stop And Search ◽  
Minority Ethnic

In this chapter, there is a shift in focus to the statutory power of the police to stop and search, the controversial status of which is not new. Less well documented, however, is that stop and search is highly relevant to the study of respect, since the practice tends to undermine the value, if not render it conspicuously absent. The chapter is organised as follows. The opening section explores how we might sharpen our critique of stop and search by framing it in terms of respect. Stop and search—a common form of adversarial contact between the police and the public—taps into deep and ingrained tensions between preventive policing, the exercise of coercive state authority, due process, and crime control. Among the most incisive criticisms of the power are its disproportionate and discriminatory exercise in relation to minority ethnic groups, its role in eroding police legitimacy, and the invasion of privacy and violation of bodily integrity necessitated by the search itself. The next section assesses three prominent proposals for the reform of stop and search—procedural justice training for police officers, tighter legal regulation of the power, and abolition—in terms of respect.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

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