Constructing a Framework for Criminal Justice Research: Learning from Packer's Mistakes

This article examines the framework which Herbert Packer devised for analyzing the criminal justice process. Warning against an indiscriminate use of the word "model"—something which Packer introduced, which critics of his work have perpetuated, and which today is commonplace in criminal justice research—it distinguishes three distinct tools which researchers might employ—strong ideal types, weak ideal types and non-ideal types—and underscores the importance of drawing a sharp distinction between empirical work and evaluative work. Exposing other fundamental flaws in Packer's framework, the article also abstracts two other general lessons for criminal justice research: (1) arguing that a one-dimensional framework like Packer's is insufficient, it advances the normative claim that a multidimensional framework is needed; and (2) it shows that Packer's simplistic approach to the analysis of values is ultimately inadequate. So as well as constructing a number of tools which may be used by criminal justice researchers, and offering examples of how they might be employed, the article establishes the general contours of a framework for criminal justice researc

A Suicidal Woman, Roaming Pigs and a Noisy Trampolinist: Refining the ASBO's Definition of Anti-Social Behaviour

This article discusses the definition of anti-social behaviour employed by section 1(1)(a) of the Crime and Disorder Act 1998 for the purposes of the Anti-Social Behaviour Order. It argues that, if the ASBO is to remain at the forefront of the Government's campaign against anti-social behaviour, this section should be amended. The article begins by outlining the claimed benefits of, and critics' concerns about, the definition, arguing that the difference of opinion stems from different views of state power. It then argues that the ASBO has been employed for social control, often at the expense of more constructive forms of intervention, and that this has shown New Labour's willingness to vest enforcement agencies with the wide discretion conferred by section 1(1)(a) to have been misplaced. Finally, it proposes a refined version of section 1(1), which focuses the Order on the cases for which it was purportedly designed whilst maintaining any benefits of the broad definitional approach currently taken in section 1(1)(a)

The Role of the Courts in Imposing Terrorism Prevention and Investigation Measures: Normative Duality and Legal Realism

This article argues that the courts, not the Home Secretary, should be empowered to issue Terrorism Prevention and Investigation Measures (TPIMs). It explains that at the heart of the debate are three questions: whether measures like TPIMs should be viewed primarily from the perspective of security or liberty; how we should conceive the executive and the courts; and the empirical question of how these two arms of government answer these questions. The non-mechanistic nature of legal reasoning means that legal reasons may be constructed to fit one’s normative viewpoint on each of the first two questions. Importantly, however, the case law on judicial scrutiny of control orders consistently demonstrates that the courts themselves regard TPIMs as being primarily a restriction on liberty, which require a fair hearing before an independent court. Whilst this does provide some protection of individual rights, the nature of law as an unfinished practice means that for stable protection of individual rights judicial independence must be promoted and nurtured in both the legal and political realms. The failure of the Terrorism Prevention and Investigation Measures Act 2011 to vest the power to issue TPIMs in the courts thus represents a missed opportunity to secure political endorsement of enhanced legal protection of individual liberty in cases involving national security

ASBOs and Control Orders: Two Recurring Themes, Two Apparent Contradictions

When the Government first proposed the creation of the Control Order, many commented on its apparent similarity with the Anti-Social Behaviour Order. Looking beyond the obvious similarities, the aim of this paper is to draw out two deeper themes which marked the development of both remedies. For each theme an apparent contradiction will also be identified. The paper concludes by arguing that these two recurring themes and two apparent contradictions cast doubt upon New Labour's professed commitment to nurturing a culture of human right

Locating Cyberterrorism: How Terrorism Researchers Use and View the Cyber Lexicon

This article reports on findings from a survey on the concept of cyberterrorism from researchers working in twenty-four countries across six continents. Our aim is to contribute to the definitional debate in this area by exploring the boundaries between cyberterrorism and potentially related terms. Focusing on two questions from our survey in particular, we ask: First, how does cyberterrorism relate to adjacent concepts such as hacktivism, cybercrime and cyberwar? And, second, how familiar, frequently used, and useful are these concepts amongst the global research community? Our findings include: First, high levels of familiarity with the terms cyberwarfare, information warfare and cybercrime. And, second, concerns over, and widespread avoidance of, other terms including cyber jihad and pure cyberterrorism. The article concludes by exploring the importance of these findings for definitional debates around cyberterrorism and terrorism more broadly, before outlining a number of suggestions for future research

The unbalanced imagery of anti-terrorism policy

Balancing the competing demands of security and liberty is commonly said to be the central task in anti-terrorism policy. This article begins by distinguishing two ways in which the notion of balance is presented – the trade-off thesis and the image of a set of scales – and argues that each is flawed as an analytical aid. It then goes on to show further limitations of the balancing discourse – it excludes any scope for consideration of the effect a particular measure will have on security and liberty and of issues relating to the allocation of resources, and it focuses on just one strategy for responding to terrorism. The article concludes by warning against the use of imagery in complex debates and by claiming that balancing the demands of security and liberty is not the sole, or even the central, task in anti-terrorism policy

Designs on democracy: architecture and design in Scotland post devolution.

Central to Scotlands creative economy is Creative Scotland, the national agency, which sits within the broader context of creative and cultural provision. For the first time a corporate plan has been produced that includes working across the span of Scotlands Creative and Cultural Industries (CCIs) with a diverse range of partners. This paper focuses on the current status of Scotlands Creative Economy, particularly the little studied Creative Rural Economy. The paper then examines definitions, convergence on key issues and the move from list-based categorisation to more refined analyses. An international comparison including another creative rural economy is also attempted. Policy and practice is assessed with reference to the interconnectedness of creative nation, city, region, project, place and people alongside themes such as partnership, skills, infrastructure, design, spillovers and sector growth. Lastly, the unique needs of the Creative Rural Economy are highlighted as well as the requirement for dedicated business and support tools. The file for this record represents only a sample chapter from the whole work, which is available for purchase from the publisher