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This article explores the underlying causes of vigilantism, moving beyond existing explanations to propose a novel perspective: state absenteeism. Drawing upon an original dataset collected at the subnational level in Guatemala, the study utilizes police station data as a proxy measure of state presence. This research article sheds light on the intricate dynamics driving vigilantism by analyzing the interplay between state actions, security provision, and the emergence of extralegal justice mechanisms. Empirical findings suggest that existing theories do not fully explain the surge in vigilantism, underscoring the importance of considering state provision of security at the subnational level. This theoretical and empirical contribution highlights the role of uneven state presence in shaping responses to insecurity and calls for more equitable and locally responsive security provision to address the root causes of extralegal justice.
Front-line workers mediate law on the books and law in action, translating higher-level laws into local policy. One important mediating institution is the police. Whereas most research analyzes how the law empowers police to label certain denizens “criminals” – both within and outside criminal legal contexts – this article demonstrates how policing also affects who is recognized as an innocent crime victim. Synthesizing existing scholarship, I theorize three paths through which police can affect legal recognition of crime victims: criminalization, minimization, and legal estrangement. I then test the extent to which these processes affect victims’ access to public benefits provided under victim compensation law. Drawing on never-before-analyzed administrative data from 18 U.S. states (N = 768,382), I find police account for more than half of all victim benefits denials. These denials are racialized and gendered: Police are significantly more likely to criminalize and be estranged from Black male victims and significantly more likely to minimize the injuries of Black female victims. Additional qualitative data suggest police systematically perceive Black men as not truly innocent and Black survivors of gender-based violence as not truly victims. These findings advance our understanding of the expansive role of police in society as well as the porous boundary between social provision and social control.
Calls to defund the police gained prominence with the Black Lives Matter (BLM) movement and take various forms. Depending on what will be defunded, the idea has attracted support from different parts of the political spectrum. The politicized nature of the debate often cuts short reflection on how best to assess proposals to defund the police. This article takes up that task. It begins by developing a typology of defund measures: abolitionist cuts, abolitionist reallocation, disaggregative cuts, and disaggregative reallocation. It then outlines a framework to evaluate policing and defund measures, drawing on criteria from the ethics of defensive force. Since policing relies on force, it faces a high justificatory bar and must satisfy the principles of just aim, proportionality, and necessity. The state should not fund unjustified forms of policing that violate those principles. Different violations, though, demand different policy responses.
There is a lack of knowledge on deaths related to police use of force across Canada. Tracking (In)Justice is a research project that is trying to make sense of the life and death outcomes of policing through developing a collaborative, interdisciplinary, and open-source database using publicly available sources. With a collaborative data governance approach, which includes communities most impacted and families of those killed by police, we document and analyze 745 cases of police-involved deaths when intentional force is used across Canada from 2000 to 2023. The data indicate a steady rise in deaths, in particular shooting deaths, as well as that Black and Indigenous people are over-represented. We conclude with reflections on the ethical complexities of datafication, knowledge development of what we call death data and the challenges of enumerating deaths, pitfalls of official sources, the data needs of communities, and the living nature of the Tracking (In)Justice project.
This chapter exemplifies key areas of regime terror (concentration camps; police and judiciary; forced labor; media control) and their agents (hierarchies in the Reich and occupied territories); explains the scope, transformation and limitations of the terror apparatus after the beginning of the war; discusses the regime’s tendency to combine stoking fear with cooptation/integration; and explains the relevance of postwar legal/political discussions (IMT and beyond) of (German) culpability.
This chapter concerns the situation of Jewish families, focusing on physical and emotional experiences and reflecting on elements of daily life. It emphasizes familial roles, hierarchies, and relations: between spouses, among children, and between children and parents. It tracks the phenomena of family solidarity and family atomization.
Today, policing in the United States is facing a crisis of legitimacy and calls for reform. This Element examines this crisis and describes the adverse effects of problematic police behavior on community members, police officers, and public safety. A critical analysis of past reform efforts is offered, including why they have had limited success in changing police operations, police culture, or styles of policing. The central thesis of this Element is that most police reforms have failed because we continue to use the wrong metrics to evaluate police performance. Cities have yet to systematically measure what matters to the public, namely how people are treated by the police. Hence, this Element proposes a new system of accountability using data from body-worn cameras and contact surveys to measure and incentivize procedural justice. Translating evidence into real organizational change should improve street-level policing, enhance police legitimacy, and improve public safety.
Given how common portrayals of vigilantism are in history books, literature, cinema, television, and the popular press, it is surprising how little we know about the public’s attitudes and beliefs about the phenomena. While there is a fair amount of research by historians, political scientists, sociologists, and cultural anthropologists on various forms of vigilantism, only a limited number of psychological studies have explored people’s moral judgments about vigilantism in a controlled and systematic way. Our goal was to build upon the work that has been done by probing people’s moral, legal, and political judgments about what we call “retributive vigilantism” – that is, vigilante acts that are intended to give the deserved suffering to those who have harmed other people.
1911 to 1935 was a chaotic, yet foundational, period in the transformation of the police force in Tehran and Iran more broadly. The nationalization of modern Iranian policing can be traced back to this time period. This article explores the role of nationalism and anti-imperialism on policing, how the structure and process of policing underwent transformation, including how police were recruited, trained, and deployed. Localized and decentralized policing was slowly abandoned in favor of an integrated national force, with policing through mediation being replaced with the exercise of power in a top-down and center to periphery manner. Education of police officers also underwent transformation, as new strategies were pursued to create a modern nationalist Iranian police force.
The transformation in the purposes, instruments, and conditions for the deployment of coercion was a central aspect of the modernization of Western European states during the long nineteenth century. Nowhere is this transformation as evident as in the emergence and diffusion of public, specialized, and professional police forces at the time. In this article, we employ automated text analysis to explore legislative debates on policing in the United Kingdom from 1803 to 1945. We identify three distinct periods in which policing was highly salient in Parliament, each of them related to more general processes driving the modernization of the British state. The first period (1830s–1850s) was marked by the institutionalization of modern police forces and their spread across Great Britain. The second period (1880s–1890s) was dominated by Irish MPs denouncing police abuses against their constituents. The third period (1900s–1940s) was characterized by discussions around working conditions for the police in the context of mounting social pressures and war-related police activities. Whereas the first and third periods have attracted much scholarly interest as they culminated in concrete police reforms, the second period has not been as central to historical research on the British police. We show, however, that policing became a major issue in the legislative agenda of the 1880s and 1890s, as it highlighted the tensions within a modernizing British state, torn between the professionalization of domestic police forces under control of local authorities and the persistence of imperial practices in its colonial territories.
Indians experience violence at twice the rate of any other racial group in the United States. Violence against Indian women is particularly severe; in fact, Congress stated the rate of violence against Indian women has become an “epidemic.” Aside from its prevalence, violence against Indians is unique because, unlike other racial groups, the majority of crimes committed against Indians are perpetrated by non-Indians. The high rate of crimes against Indians is attributable to Indian country’s peculiar jurisdictional rules. Most notably, tribes cannot prosecute non-Indians. This limitation is not a product of the 1700s or 1800s; rather, it is a result of the Supreme Court’s 1978 decision in Oliphant v. Suquamish Indian Tribe. Oliphant has been widely critiqued in legal scholarship, but it remains the law. Jurisdictional limitations are compounded by Indian country’s geographic isolation, meaning tribes rely on law enforcement agents that are often located more than 100 miles away. Not only are state and federal law enforcement far away; they have little incentive to prioritize Indian country crime. Consequently, criminals have been known to target reservations.
The chapter describes how forms of ill-treatment other than torture have been defined over the last 85 years since they were prohibited in the Universal Declaration of Human Rights. The core elements are described of cruel, inhuman, or degrading treatment or punishment are described in turn with the distinctions between these terms and the definition of torture highlighted. The distinct features of other ill-treatment under international humanitarian law are also described.
A victim is most obviously under the effective control of another where he or she has been formally deprived of liberty by the State and the perpetrator is a legal custodian. But a state of powerlessness may also arise in an extra-custodial law enforcement setting in certain circumstances. This chapter explores that dynamic, addressing the regulation of unlawful extra-custodial use of force by the police and other law enforcement officials, first as a manifestation of torture and then, in the more common alternative, as other proscribed ill-treatment.
Drawing upon ethnographic research and an analysis of judgments at the Special Anti-Prostitution Court in Mumbai, Chapter 4 shows how rescued women’s testimony is only one (albeit significant) factor shaping the outcomes of trials against the accused. The chapter illustrates how these trials are primarily shaped by the priorities of Indian law, its interpretation by the police and prosecutors, and the possibilities that requirements for “respectable” witnesses both in the ITPA and in Indian procedural law open up for NGOs. It reveals that anti-trafficking NGOs’ participation in the Special Court is neither entirely dependent on victim-witness testimony, nor on proving sex trafficking. Overall, the chapter shows how evidence and testimony at this Special Court is presented to prove prostitution rather than sex trafficking, and how NGOs, police, and other witnesses participate in what the author refers to as the choreography of these trials. Beyond victim-witness testimony, it examines how the testimony of other prosecution witnesses (police officers, NGO workers, and decoy customers), forms of material evidence (cash, packets of condoms and tissues), and medical reports shape ITPA cases and their outcomes at the Mumbai Special Court.
The US-driven and NGO-mediated prosecutorial approach to address trafficking prioritizes efforts to convict the accused and foregrounds victim-witness testimony as the central piece of evidence to do so. Though training rescued women to testify against alleged traffickers is thus a key component of donor-driven NGOs’ efforts, the author’s ethnographic research revealed that this is a rare occurrence. This chapter explores the multiple and complex reasons why most rescued women don’t testify, by situating them in the broader Indian sociolegal context. In juxtaposition, it tracks the case of a trafficked woman, Sunaina Das, who testified for the prosecution in a New Delhi trial court, to also explore the constellation of factors that lead some women to testify and the challenges they face. It follows Sunaina’s encounters with the Indian criminal justice system and the support she received from both NGOs and Indian legal actors. Finally, it explores how an NGO-led training session for Indian judges impacted her case. Through these contributions, this chapter challenges prevalent assumptions in global anti-trafficking campaigns about the victimhood of Global South sex workers, about criminal justice necessarily benefiting trafficked sex workers, and about the Indian criminal justice system necessarily lacking the ability to address sex trafficking.
This chapter focuses on the police and other law enforcement agencies. Mapping their transformation since the 1979 Revolution, it highlights the tensions and overlapping jurisdictions between different law enforcement agencies and units, arguing that their security mission has expanded alongside their disciplinary and religious morality mission, especially since the disputed 2009 elections. To maintain order, the Islamic Republic has taken several measures, such as the expansion of law enforcement units, the establishment of several special forces for crowd control and anti-riot missions, and heavy investment in the training and equipment of these forces. The police force has also dramatically intensified its ideological programs for the indoctrination of its members and has made changes to recruitment by shifting focus toward more conservative parts of society. Despite some attempts at reform, Iran’s various police forces are not consistently subject to the rule of law, nor are they accountable to elected institutions.
Police killings of Black Americans are influenced not only by specific law enforcement situations but also by corruption – where corruption in a state is more extensive, police killings are more frequent. State-level factors may seem remote from local policing, but in fact the constitutional and political connections are strong and deep-rooted. Police killings of Black Americans also reflect contrasts in the states’ political cultures and aspects of communities’ racial composition. Median income levels and the economic gaps between Black and White populations also influence the patterns of police killings. Lobbying activities, political party competition, and police unionism contribute to overall levels of accountability. These diverse and often deep-rooted influences, many of them linked to the expectations communities have of their police and the attitudes of police toward their work and the surrounding communities, show that dealing with the problem of police killings of Black Americans will require fundamental changes of many sorts.
How corrupt is the United States of America? While the US presents itself as an exemplar of democratic government and politics, many citizens see it as highly corrupt. In this book, Oguzhan Dincer and Michael Johnston explore corruption across a range of policy areas in all fifty states using two major forms of corruption – legal and illegal – via three proxy measures of corruption. They not only estimate the pervasiveness of such corruption in each state, but also compare and contrast their causes, consequences, and implications for contemporary issues including racial inequities, public health policy, and the environment, while also highlighting issues of citizen participation and trust in political processes. The book presents no reform toolkits or quick fixes for American corruption problems, but frames key challenges of institutional change and democratic political revival that can be used in the struggle to build a more just, and better-governed, society.
This article shows how security forces in Japan in the early 1960s used studies of the violence and unrest that followed the Great Kantō Earthquake as templates for speculation about the challenges they would face in the aftermath of Tokyo's next disastrous earthquake. Both studies reiterated the ambiguities associated with earlier state-sanctioned descriptions of the circumstances surrounding the massacres of Koreans and others in 1923, while maintaining that the Imperial Japanese Army and the police had done all they could to prevent that violence. The Self-Defense Agency and police analysts responsible for the two new studies concluded that if the capital district were to suffer another earthquake disaster like the one in 1923, then it was quite likely that the spread of misinformation – among other factors – would once again lead to outbreaks of vigilante violence and political instability, leaving the police and the SDF with no choice but to respond as their counterparts had forty years earlier.
This article analyses Colombian South–South security cooperation. Drawing upon empirical research findings and by focusing on Colombian security engagements with other Latin American countries in the realm of military transformation, we identify the role of epistemological constructs as key drivers of Colombian South–South security cooperation. We demonstrate that Colombian policy and security actors intentionally created comparability between their own country and its security challenges, and the conditions existing in other countries of the region. This portrayal of idiosyncratic (in)security features as shared attributes across otherwise-different country contexts enables the transfer of security models rooted in Colombia’s expertise and experience. We show how such security-driven homologisation efforts enabled Colombian security practitioners to navigate international hierarchies, particularly unequal US–Colombian relations in their favour, allowing them to secure continued US support and position Colombian security expertise as a blueprint for addressing contemporary security challenges across the region and beyond.