The rise and restraint of the preventive state

Security has always been a core function of the modern state. Yet the rise of the Preventive State captures an intensification of that role as threats to security and demands for public protection increase, prompting states to prioritize new practices of preventive criminalization, policing, and punishment. The rise of the Preventive State may promise greater security, but the costs of ever more coercive preventive laws and measures are burdensome and pose a threat to civil liberties. This review considers the drivers, multiple manifestations, and direct and collateral consequences of preventive endeavors that assess and manage risk, target hazards, and restrain or detain those deemed dangerous. It also explores their ramifications for criminology and criminal justice. It concludes by considering the potential of criminology to join cross-disciplinary efforts to articulate a new jurisprudence of security and to elaborate principles of preventive justice with which to restrain the excesses of the Preventive State

Territorial Tactics: The Socio-spatial Significance of Private Policing Strategies in Cape Town

This paper analyses the policing strategies of private security companies operating in urban space. An existing literature has considered the variety of ways that territory becomes of fundamental importance in the work of public police forces. However, this paper examines territory in the context of private security companies. Drawing on empirical research in Cape Town, it examines how demarcated territories become key subjects in private policing. Private security companies are responsible for a relatively small section of the city, while in contrast the public police ultimately have to see city space as a whole. Hence, private policing strategy becomes one of displacement, especially of so-called undesirables yielding a patchworked public space associated with private enclaves of consumption. The conclusions signal the historical resonances and comparative implications of these political-legal-security dynamics. © 2013 Urban Studies Journal Limited

Deconstructing the lesbian, gay, bisexual, transgender victim of sex trafficking: Harm, exceptionality and religion–sexuality tensions

Contrary to widespread belief, sex trafficking also targets lesbian, gay, bisexual, transgender (LGBT) communities. Contemporary social and political constructions of victimhood lie at the heart of regulatory policies on sex trafficking. Led by the US Department of State, knowledge about LGBT victims of trafficking constitutes the newest frontier in the expansion of criminalization measures. These measures represent a crucial shift. From a burgeoning range of preemptive measures enacted to protect an amorphous class of ‘all potential victims’, now policies are heavily premised on the risk posed by traffickers to ‘victims of special interest’. These constructed identities, however, are at odds with established structures. Drawing on a range of literatures, the core task of this article is to confront some of the complexities and tensions surrounding constructions of LGBT trafficking victims. Specifically, the article argues that discourses of ‘exceptional vulnerability’ and the polarized notions of ‘innocence’ and ‘guilt’ inform hierarchies of victimhood. Based on these insights, the article argues for the need to move beyond monolithic understandings of victims, by reframing the politics of harm accordingly

'Reclaiming the criminal' : the role and training of prison officers in England, 1877-1914

This article examines the role and training of prison officers in England, between 1877 and 1914. It is concerned with the changing penal philosophies and practices of this period and how these were implemented in local prisons, and the duties of the prison officer. More broadly, this article argues that the role of the prison officer and their training (from 1896) reflect wider ambiguities in prison policy and practice during this period

Narratives of self and identity in women's prisons: stigma and the struggle for self-definition in penal regimes

A concern with questions of selfhood and identity has been central to penal practices in women's prisons, and to the sociology of women's imprisonment. Studies of women's prisons have remained preoccupied with women prisoners’ social identities, and their apparent tendency to adapt to imprisonment through relationships. This article explores the narratives of women in two English prisons to demonstrate the importance of the self as a site of meaning for prisoners and the central place of identity in micro-level power negotiations in prisons

Beyond 'Criminology vs. Zemiology': Reconciling crime with social harm

Since its emergence at the start of the twenty-first century, zemiology and the field of harm studies more generally, has borne an ambiguous and, at times, seemingly antipathetic relationship with the better-established field of criminology. Whilst the tension between the perspectives is, at times, overstated, attempts to reconcile the perspectives have also proved problematic, such that, at present, it appears that they risk either becoming polarized into mutually antagonistic projects, or harmonized to the point that zemiology is simply co-opted within criminology. Whilst tempting to view this as nothing more than an academic squabble, it is the central argument put forward in this chapter that the current trend towards either polariziaton or harmonization of the criminological and zemiological projects, risks impoverishing both perspectives, both intellectually and, more fundamentally, in terms of their capacity to effect meaningful social change. To this end, this chapter offers a critical reflection of recent attempts to reconcile the social harm perspective with criminology, focussing in particular on Majid Yar’s attempts to do so using the concept of ‘recognition’ derived from critical theory. It is suggested that such attempts, whilst important in the contribution they make to developing a theory of harm, are necessarily flawed by their reliance on an implicit assumption of a shared conception of harm underpinning both the concept of ‘crime’ and ‘social harm’. By contrast, it is the central argument put forward in this chapter that zemiology and criminology are best understood as divergent normative projects which, whilst sharing many of the same goals with regards to the improvement of the criminal justice system and the tackling of social problems, differ primarily in the means by which they seek to achieve these. Therefore, rather than denying this debate through the collapsing of one perspective into the other, or polarizing them into hostiles camps, it is only by recognising the nature of this debate and fostering dialogue between the perspectives that we can achieve our shared goals and effect meaningful change

Policing unacceptable protest in England and Wales: A case study of the policing of anti-fracking protests

In recent years public order policing policy in England and Wales has undergone significant changes. A ‘human rights compliant’ model of protest policing has been developed since 2009 and this article makes a contribution to the body of academic work considering the impact of these changes on operational policing. Drawing upon a longitudinal case study of the policing of protests against ‘fracking’ in Salford, Greater Manchester, in 2013-2014, the article contrasts post-2009 policy and academic discourses on protest policing with the experiences of anti-fracking protesters. To develop this assessment, the article also draws attention to previously unexplored definitions of acceptable and unacceptable protest set out by police in more recent policy, and considers the extent to which these definitions are reflected in the police response to anti-fracking protest. The article suggests that a police commitment to a human rights approach to protest facilitation is, at least in the case of anti-fracking protest, contingent on the focus and form of political activism

Football Banning Orders: The Highly Effective Cornerstone of a Preventative Strategy?

The chapter examines the development, use and effectiveness of football banning orders in the UK, comparing their use in England to address issues of football 'hooliganism' with their distinct evolution in Scotland to address concerns around sectarian disorder

Victim awareness : re-examining a probation fundamental

‘Ensuring offenders' awareness of the effects of crime on the victims of crime and the public’ is one of five stated aims of the National Probation Service of England and Wales and specifically undertaking victim awareness work is an expectation of the service’s work. The nature and putative value of such work appears to be rarely questioned however. It is argued that ‘victim awareness’ is a confused concept in terms of its rationale, definition, and empirical basis as a criminogenic need. These issues are evaluated and the practice implications discussed. A possible model of victim awareness work is described

“It ain’t (just) what you do, it’s (also) the way that you do it”: The role of Procedural Justice in the Implementation of Anti-social Behaviour Interventions with Young People

This paper provides an analysis of the introduction and implementation of hybrid powers to regulate anti-social behaviour, during a period of regulatory ‘hyperactivity’ in the UK. It explores the role of procedural justice by drawing on findings from a study conducted in England which investigated the implementation practices and experiences of young people and parents. These are considered against seven characteristics of procedural justice: voice; voluntariness; respectful treatment; parsimony; accuracy of information; fairness; and neutrality. The paper analyses the manner in which principles of voluntary cooperation can be corrupted by threats of punitive sanctions. It questions the extent to which the use of such hybrid orders fosters perceptions of legitimacy and supports the capacity of young people to avoid criminalisation