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This article explores the systems of policing that emerged in the early Cape Colony (1652–1830). Contrary to previous historical scholarship that understood the institution to be largely nonexistent or of marginal importance to the colony’s political economic development, this article argues that the Cape colony’s systems of policing, which doubled as ad hoc military organizations, were not so much weak as privatized. It shows how this persistent tendency was motivated by the Dutch East India Company’s desire to maximize profits—though it manifested differently in different parts of the colony. Moreover, this article demonstrates that the mercantile economy that the company installed at the Cape ensured that private policing would become a vehicle of indigenous dispossession. In doing so, it seeks to contribute to the field of African carceral studies and understandings of processes of racialization in the early Cape.
This chapter takes aim at the assumption that affording special legal protections to journalists, beyond those enjoyed by the public, effectively limits law enforcement’s power to interfere with the press function. First, it describes how law enforcement often evades, violates, or simply ignores existing protections, raising questions about their effectiveness. Supporters of special protections from law enforcement might argue that the underinclusiveness of existing rules simply illustrates the need to update and expand these protections. But expanding procedural safeguards is unlikely to adequately protect the press function. Indeed, heightened press-specific rules might actually encourage law enforcement to use other substantive approaches to criminalize journalism and reporting and thus evade procedural protections. Amid broadening efforts to criminalize protest, trespass, and newsgathering, the substantive criminal law offers many possible avenues for law enforcement to crack down on critical reporting, threatening the checking function. This dynamic suggests that the press’s long-standing strategy of seeking procedural or narrow protections against law enforcement is misguided and ineffective. Instead, to ensure its autonomy and independence in the long run, the press should be a more active participant in seeking to limit law enforcement power and authority.
Public health emergencies make an impact on policing in many ways, create unique challenges for police departments and affect the quality of life of police officers. These impacts include response, enforcement, preparedness, and inter- and intra-organizational dynamics. While there is much research on policing the pandemic in the Global North, similar scholarship emanating from the Caribbean is limited. With this lacuna in mind, the views of 32 members of the Trinidad and Tobago Police Service were collected via semi-structured interviews at the back end of the COVID-19 pandemic and used to answer four research questions. The results indicate a host of impacts on policing, police leadership and police officer quality of life as a result of the COVID-19-facilitated pandemic. The current study adds to the limited scholarship on policing during the pandemic and offers guidance on policing practice to ensure police officer safety and preparation for future health pandemics.
Based on excerpts from the author’s book, Thought Crime: Ideology and State Power in Interwar Japan (Duke University Press, 2019), this article explores the passage and early implementation of Japan’s infamous prewar law, the Peace Preservation Law (Chianijihō). Enacted in March 1925, this law was utilized to arrest over 70,000 people in the Japanese metropole and tens of thousands more in Japan’s colonial territories until being repealed by order of Allied Occupation authorities in October 1945. Proponents initially explained that the law was to suppress communists and anticolonial activists for threatening the national polity, although how to exactly define such threats remained ambiguous. By the 1930s the purview of the law expanded and was used to detain academics, other activists, and members of religious groups who were seen as challenging imperial orthodoxy. This article focuses on the interpretive debates over the law’s central category—kokutai, or national polity—and how its interpretation started to transform as the law was first applied in the late 1920s and early 1930s. The occasion of the Peace Preservation Law’s centennial invites us to consider its history and legacy, especially as policing and state power have expanded since the so-called war on terror.
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.
Globally, considerable attention is being given to the multifaceted challenges that policing faces as part of the United Nations 2030 Agenda for Sustainable Development. Goal 16 of the Sustainable Development Goals (SDGs) refers to promoting peace, security, human rights, stability and effective governance based on the rule of law. However, policing Nigeria to meet this goal has been fraught with several challenges, which range from erosion of public trust to growing crime rate, police brutality and other misconduct. This article reviewed empirical studies on how legitimacy issues impacted police enforcement of COVID-19 protocols and lockdown rules in Nigeria. Leaning on legitimacy and procedural justice theories, a systematic and iterative approach was adopted to identify and synthesize relevant literature on pandemic policing in Nigeria. We searched 12 databases (Scopus, PsycINFO, AJOL, Sage Journals Online, Web of Science, Academic Search Ultimate, PAIS Index, ProQuest Sociology, HeinOnline, Criminal Justice Abstracts, JSTOR, Sociological Abstracts) for empirical studies on pandemic policing in Nigeria published between 2020 and 2024. A total of 11 studies were included in the review. Four main themes were identified: the Nigerian police pre-COVID legitimacy issues; police enforcement of lockdown rules; key challenges; and lessons for post-pandemic policing. The review highlights the pre-COVID legitimacy issues of the Nigerian police that made an impact on public trust and cooperation during the lockdown period and recommends strategies to assist the Nigerian police in building momentum for a systemic and stylistic change of policing from force-based to consent-based.
This chapter explores how civil society mobilization in Latin America can undercut a core component of liberal democracy: the experience of universal citizenship rights backed by rule of law. It examines civil society activism around two issue areas: opposition to inclusion on the lines of gender identity and sexuality, and support for militarized approaches to policing. Right-wing civil society groups repurpose rights ideas that are typically associated with the left to contract the citizenship rights of marginalized groups that they depict as existential threats to society, including poor and racialized adolescents, people experiencing homelessness, and sexual minorities. In the process, right-wing groups construct discourses about which kinds of individuals have the rights of citizenship, and which kinds of individuals imperil the rights of truly deserving citizens. The discursive foundations laid by civil society provide rich terrain for illiberal politicians to build on and mobilize political support.
Chapter 1 examines street policing, particularly stop-and-frisk and its close twin, pretextual misdemeanor and traffic stops. The racial, individual, and collective costs of these policing practices have been well documented. Less widely noticed is the contrast between the Supreme Court’s consistently lax treatment of pedestrian and traffic stops and its more recent tendency to strictly regulate technologically enhanced searches that occur outside the street policing setting – searches that, coincidentally or not, are more likely to affect white people and the middle class. This chapter argues that if, as the Court has indicated, electronic tracking and searches of digital records require probable cause that evidence of crime will be found, stops and frisks should also be prohibited unless the police have probable cause to believe that a crime has been committed or attempted (in the case of street detentions) or that evidence of crime will be found (in the case of post-detention searches of people and cars). It also argues that this equalization of regulatory regimes not only fits general notions of fairness but is mandated by the Court’s cases construing the Fourth Amendment’s Reasonableness Clause, which endorse a “proportionality principle” that requires that the justification for a search or seizure be roughly proportionate to its intrusiveness.
The first comprehensive analysis of domestic and international law defining and prohibiting torture and other forms of ill-treatment, this groundbreaking work reviews the law on torture in countries around the world. It considers how international law governs the use of force by police against suspects held in custody and during protests, and the practice and outlawing of torture both in peacetime and during armed conflict. The analysis also includes the application of universal jurisdiction, which is used in the attempt to prosecute and punish torture committed anywhere in the world. The application and execution of the death penalty are also discussed in detail.
We analyze a formal model of social contact and discrimination in the context of policing. Officers decide how to interact with members of two social groups while working and while socializing. The officers do not fully distinguish between their experiences of crime across these two contexts (“coarse thinking”), so they end up with excessively positive views of groups they socialize with and excessively negative views of those they police. This creates dual feedback loops as officers choose to socialize more with groups they view favorably and over-police those they view as “more criminal.” Interventions that induce positive contact with an overpoliced group can mitigate the officer’s discriminatory policing. However, this beneficial effect only persists if the policy intervention creates sustained positive contact. Our results provide a novel theoretical microfoundation for the contact hypothesis and highlight why effects of many policy interventions aimed at increasing positive contact may be short-lived.
The field of criminology is limited by a 'hidden' measurement crisis. It is hidden because scholars either are not aware of the shortcomings of their measures or have implicitly agreed that scales with certain properties merit publication. It is a crisis because the approaches used to construct measures do not employ modern systematic psychometric methods. As a result, the degree to which existing measures have methodological limitations is unknown. The purpose of this Element is to unmask this hidden crisis and provide a case study demonstrating how to build a measure of a prominent criminological construct through modern systematic psychometric methods. Using multiple surveys and item response theory, it develops a ten-item scale of procedural justice in policing. This can be used in primary research and to adjudicate existing measures. The goal is to reveal the nature of the field's measurement crisis and show a strategy for solving it.
Intimate image abuse is a problem that is shared by many societies, and jurisdictions are learning from each other about how best to address this issue. In 2021 Hong Kong enacted four new intimate image abuse offences. Based on 15 semi-structured interviews with service providers and legal professionals, this study explores stakeholder perceptions of the effectiveness of the new offences in Hong Kong. Themes that emerged included why there was a need for specific offences, the impact that the new offences have had and whether further criminal law or non-criminal law reforms are necessary. A key finding from this research is that crafting offences to specifically target intimate image abuse is important to strengthen community awareness of the wrongfulness of intimate image abuse, enhance protection of victims and increase prosecutions. To be most effective, however, criminal law reform should be accompanied by holistic education and police training. Other non-criminal law reforms, such as working with providers and developing alternative complaints mechanisms, are also necessary to successfully combat intimate image abuse.
The police are required to establish probable cause before engaging in custodial interrogation. Much custodial interrogation relies on a fraudulent epistemic environment (FEE) in which the police knowingly use deception and dishonesty to gain an advantage over a suspect regarding a material issue, injuring the interests of the suspect. Probable cause, then, is a sort of evidentiary and epistemic standard that legally justifies the police’s use of deceptive and dishonest custodial interrogation tactics that are on par with fraud. However, there are both deontological and consequentialist considerations that show why the police’s use of an FEE is often unjustified. Accordingly, the paper argues that even if the use of an FEE is based on probable cause, there are other (non-epistemic) reasons to think evidence with probative value (such as a confession) should be excluded when derived from an FEE and there is no acute threat of harm to others.
How does social science insulate police from social movements’ demand for abolition? We explore this through a content analysis of policing social science research funded by Arnold Ventures, the MacArthur Foundation, and the National Institute of Justice published from 2011 to 2022 (N = 143 studies). Our mixed method content analysis revealed what we call “Academic Copaganda,” or studies contesting social movement claims by authors (1) masking their conflicts of interest, or (2) espousing police epistemology. Although Academic Copaganda comprised 20% of studies in the sample, they received most media mentions after the 2020 police killing of George Floyd. We conclude by discussing our contributions to legal scholarship on police legitimacy and empirical critical race theory.
Recent years have seen the development of a range of approaches concerned with theorizing and empirically demonstrating the significance of “transboundary entanglements” – patterns of connections between and across social sites. This work, spanning disciplines from sociology to international relations, and including subfields from postcolonial scholarship to global history, seeks to transcend the methodological nationalism associated with much preexisting historical social science by examining how, and with what effect, transboundary entanglements are formed and transformed over time. To date, however, the rich theoretical and substantive contributions made by these approaches have not been matched by comparable attention to the methodological principles and transposable procedures that can be used to analyze transboundary entanglements. This article contributes to this task. We make the case for a principle we call “global methodological relationalism” and explore how this principle can be operationalized through a three-step procedure: first, track relations across a boundary; second, follow these relations over time and across cases to establish variation; and third, provide an explanation of this variation. We highlight sites of overlap and contrast with existing methods for case selection, tracing historical processes, and making causal claims in small-N research, and establish the ways in which a “global historical sociology” oriented around “global methodological relationalism” can assess the significance of “transboundary entanglements.”
This article examines the history of Haitian-owned freighters that have been trading between Haiti and the Miami River since the 1970s, how this shipping economy became racialized in ways that marked it and the river with a “threatening” Haitian Blackness, and how local government agencies, real estate developers, and law enforcement officials worked to remake the aesthetics of the river as something other than Haitian and Black. Projects to re-racialize the riverway played with the spurious surface-and-subsurface spatial logic of racial discourses more generally—that is, the mistaken but widely-held belief that visible, physical markers of race reveal hidden capacities and propensities. Policing that pushed Haitian commerce into an economy of containerization—a race- and class-marked shipping technology on the river—allowed the Haiti trade to “pass” as non-Haitian on a gentrifying waterway. Law enforcement programs that seized and sank Haitian freighters to create artificial reefs off the Florida coast bluewashed the river’s surface and its ethnoracially coded, “polluting” vessels by transforming them into subsurface, “White” recreational ecologies. These processes reveal how politically fraught contests over racialization recruit layered material environments as part of larger projects of policing, re-racialization, and urban renewal. In exploring this history, the article pushes against arguments from some quarters for a “post-critical” turn by demonstrating that reflexive critique, with its focus on the hidden and the submerged, remains necessary for grasping the ways racialization processes operate through structures of material and discursive layering.
Microgeographic units of analysis have moved to the center of criminological inquiry. This Element brings together leading crime-and-place scholars to identify promising areas for future study. Section 1 introduces the Element and the importance of focusing on the future of studies of crime and place. Section 2 examines the development of hot-spots policing and the importance of focusing on its impact on communities. It also looks at how 'pracademics' can advance the science and practice of place-based policing. Section 3 focuses on place managers as prevention agents and examines how city government can influence crime at place. It further contends that rural communities need to become a key focus of crime-and-place scholarship. Section 4 emphasizes the importance of the connection of health, crime, and place. It also argues for the importance of expanding the methodological tools of crime and place to include careful ethnographic and qualitative research.
The end of the civil war, the fall of the Italian Social Republic, the allied occupation and the gradual transition to the new Italian Republic not only set Italy on the path to democracy, but also gradually gave Italians access to a new public space. This article proposes to revisit the classic question of the legacy of Fascism by looking at the question of space and the difficult construction of a genuine democratic space. During the ventennio, opponents were largely denied access to common spaces, both symbolically and physically. The article raises the question of violence and the exclusive appropriation of space, showing that the representations and practices inherited from Fascism did not disappear overnight. But these practices of space were not always violent: by looking at aspects that are often neglected (graffiti, manifestos, noises and singing), the aim is to show that the transition took time and was sometimes complicated, despite the political leaders of the Italian Republic claiming to have opened up a completely new era.
Quantifying the causal effects of race is one of the more controversial and consequential endeavors to have emerged from the causal revolution in the social sciences. The predominant view within the causal inference literature defines the effect of race as the effect of race perception and commonly equates this effect with “disparate treatment” racial discrimination. If these concepts are indeed equivalent, the stakes of these studies are incredibly high as they stand to establish or discredit claims of discrimination in courts, policymaking circles and public opinion. This paper interrogates the assumptions upon which this enterprise has been built. We ask: what is a perception of race, a perception of, exactly? Drawing on a rich tradition of work in critical race theory and social psychology on racial cognition, we argue that perception of race and perception of other decision-relevant features of an action situation are often co-constituted; hence, efforts to distinguish and separate these effects from each other are theoretically misguided. We conclude that empirical studies of discrimination must turn to defining what constitutes just treatment in light of the social differences that define race.