Examining the eviction of Occupy Philadelphia from city hall on November 30, 2011, this paper analyzes police tactics to address public protests in the United States. The results highlight three aspects of the police strategy deployed during the eviction: a preconceived plan to manage protests, the use of militarized tactics to implement this management plan, and the imposition of a state of dissociative meditation triggered by the incarceration that followed the eviction. The strategy of management, militarization, and (...) meditation demonstrates the Marcusean notion of repressive tolerance and characterizes the police response to public dissent. (shrink)

ABSTRACT The article discusses the Hegelian opposition between institutions of Police and Corporation, leading to the objective spirit formed in the notion of the State. Juxtaposing both of Hegel's institutions against the usage of these notions proposed by Jacques Rancière (Police) and Alain Badiou (State of the Situation) opens a critical dividing line. We emphasize the inadequate handling of economic factors inherent in both notions, consequently obfuscating the economic conditioning of the political dimension in the social (...) body. Moreover, we supplement both of the institutions with an economic-counterpart notion; to Police we add “Private Property” and to Corporation “State of Technology”. Further, we apply Badiou's handling of Hegel's dialectics as the dialectics of “constitutive scission”. The dialectical play of private property and state of technology is distinguished in the dialectics of algebra of places and topology of localizations. The resulting intersection is shown to be the place of torsion – corresponding to the place of the Subject – an interval, where we confront an uttered “wrong”, an interruption in the smooth counting of parts in a social body. This torsion is an immanent backside operation of the economic structure as far as it is a necessary factor in the upsurge of political subjectivity. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit (...) a crime. Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

Law enforcement’s troubled interactions (characterised by unusually harsh, arbitrary, unjust, and racist interactions and attitudes) with minority and marginalised populations in Canada and other western countries are well documented. Against the backdrop of such scholarship, this paper attempts to make sense of alternative perceptions held by some sex workers of colour about police officers’ attitudes or behaviours towards minority and marginalised communities. Using qualitative interview data, this paper explains how some sex workers of colour in Canada actively interpret the (...) character of law and legality to negotiate power imbalances when interacting with police officers. The main aim here is to show how research participants produce a counter-narrative and a polarised image (instead of a fixed one) of police officers as simultaneously ‘compassionate’ and ‘prejudiced’ social control agents, bringing out the symbiotic tensions between such dichotomous characteristics. (shrink)

As we wrestle with the role and limits of policing, a political philosopher who spent over two decades as a New York City police officer and Vermont chief of police presents a normative account of what it means to police a pluralist democracy. Invoking his vast experience, Brandon del Pozo argues that we all have the prerogative to use force to protect others, but police embody the government's unique duty to do so effectively and with restraint. (...) He recasts order maintenance as brokering and enforcing the fair terms of social cooperation in our public spaces, for the protection of minority interests, and for a society where diverse conceptions of the good can flourish. The reasons why we police, he says, must be ones that all citizens can evaluate as equals. His book explains the democratic commitments of policing, and lays the groundwork for meaningful police innovation and reform. (shrink)

This study investigates the significance of understanding police perspectives on community policing as a means of addressing insecurity, particularly within the context of localised and asymmetrical conflicts. It highlights the pivotal role of the police in shaping community security and the substantial impact they can have (positive or negative) in fragile environments. The study contends that the localised nature of the community policing effectively addresses security and development issues and empowering citizens. Qualitative interviews were conducted with senior (...) class='Hi'>police in Islamabad, to assess the implementation and potential impacts of community policing in Pakistan’s Federal Capital Territory. The findings reveal how the historical foundations of police structures and operations – which date back to the colonial period – have led to the promotion of fear, mistrust and manipulation under successive regimes. Despite these challenges, the findings are promising highlighting enhanced human security through context-specific community policing. Finally, the paper argues that the movement towards community-oriented policing marks a departure from the control of elites within state systems, and encourages values such as local ownership, social cohesion, mutual engagement, accountability and agency. These developments have profound implications for global security and justice. (shrink)

When engaging in a philosophical analysis of body and corporeality in a political context, it is essential to ask to what extent, under what circumstances, and in accordance with what moral norms the state performs actions that have the bodies and lives of citizens as their object. This issue was already discussed in ancient philosophy, examples of which can be found in the writings of Plato and Aristotle, but also in ancient jurisprudence, especially in the law and the legal (...) doctrine of ancient Rome. Aware of such a previous history of studies on this topic, this analysis will discuss the three main ways in which state power over the life and health of citizens is manifested. Namely: (i) capital punishment (ii) policing and (iii) warfare. In addition, it will be indicated, based on Thomistic philosophy, what moral norms govern these state actions. The fundamental differences between the three main state powers — judicial, police, and military — will also be shown in the context of lethal actions undertaken on their basis. (shrink)

Since at least the 1980s, police departments in the United States have embraced a set of practices that aim, not to enable the prosecution of past criminal activity, but to discourage people from breaking the law in the first place. It is not clear that these practices effectively lower the crime rate. However, whatever its effect on the crime rate, I argue that preventive policing is essentially distinct from legal governance, and that excessive reliance on preventive policing undermines legal (...) governance. To show this, I emphasize law’s unique aptitude to define legal subjects’ ‘manifest’ status relations – that is, the rights and obligations that live within their local practices. I then argue, first, that preventive policing does not aim to define these relationships; and second, that excessive preventive policing threatens the relationship that law must bear with its subjects if law is to define their manifest relations authoritatively. (shrink)

Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.

In The Ambivalent State Javier Auyero and Katherine Sobering examine the fascinating world of clandestine relationships between police officers and drug dealers in Argentina. Drawing on a unique combination of ethnographic research and hundreds of pages of wiretapped phone conversations, they analyze the inner-workings of police-criminal collusion and how they shape drug markets, policing in poor urban areas, and daily life at the urban margins.

How do states build a security apparatus after violent resistance against state rule? This article argues that in early periods of state building two main factors shape the process: the macro-strategic goals of the state and administrative challenges of personnel management. These dynamics are studied in the context of the establishment of police forces in the settler colony of German Southwest Africa, present-day Namibia. The empirical analysis relies on information about the location of police stations (...) and a near full census of police forces, compiled from the German Federal Archives. A mismatch is found between the allocation of police presence and the allocation of police personnel. The first was driven by the strategic value of locations in terms of extractive potential, political importance, and the presence of critical infrastructure, whereas the allocation of individual officers was likely affected by adverse selection, which led to the assignment of low-quality recruits to strategically important locations. (shrink)

In the essay “Police Power: The Biopolitical State Apparatus and Differential Interpellations,” Banu Bargu developed the notion of the Biopolitical State Apparatus (BSA). This essay deploys Bargu’s notion of the BSA within what it claims is a militarized police power in the Philippines during the COVID-19 pandemic. Illustrating how the functioning of militarized police power underpins the implementation of public-health policy and the enforcement of laws that complement such power, the essay will further demonstrate through (...) the BSA concept what police power says about the state under the Duterte regime, how this regime relates to the state of exception and posttruth politics, and how its policing operates in contrast to other states. (shrink)

I defend the view that a significant ethical distinction can be made between justified killing in self-defense and police use of lethal force. I start by opposing the belief that police use of lethal force is morally justified on the basis of self-defense. Then I demonstrate that the state’s monopoly on the use of force within a given jurisdiction invests police officers with responsibilities that go beyond what morality requires of the average person. I argue that (...) the police should primarily be concerned with preserving public safety. As a consequence, police have additional moral permissions to use lethal force. But this also means that the principle of restraint is inherent to the policing function and therefore police are obliged to go to greater lengths to avoid killing. I concede that the just use of police force can be made difficult in extreme situations such as a mass riot. In such cases, police should take proportionate actions necessary to protect the lives of inhabitants by restoring order, which might include calling on military support. I conclude with a cautionary note opposing militarization of the policing role. (shrink)

This paper traces the contradictions of liberal ‘police’ power from Hegel’s analysis of modern polizei to a Foucauldian analysis of the 2011 judicial ruling on the police eviction of Occupy Wall Street protestors from Zucotti Plaza in New York. In the first section, I develop insights from Hegel and Foucault’s analysis of the contradictions of liberal police, whereby power in liberal government incorporates an ‘internal principle of limitation’ that distinguishes it from the unlimited internal objectives of the (...) European police state, while finding itself constantly violating its own internal normative principles. In the second section, I situate liberal police within Foucault’s history of police and the development of a political economy of the poor. In the third section, I challenge Foucault’s own portrayal of liberal police as ‘self-limiting’ in the 1978-79 lectures, through a detailed examination of ‘police’ in the life and thought of Benjamin Franklin. In the final section, I draw upon this historical background of police to analyse the police power jurisprudence laid out in the 2011 Waller v. City of New York ruling on the police eviction of protestors from Zucotti Plaza. Here, I argue that the ruling allows us to see how the discourse of ‘police power’ claims to uphold a (neo)liberal economic-juridical order, while at the same time functioning as a mechanism of repression and security against the ‘dangerous’ (democratic) element within the polity. (shrink)

We examine when and how police officers may avoid costly errors under stress by leveraging theoretical and empirical work on the biopsychosocial (BPS) model of challenge and threat. According to the BPS model, in motivated performance contexts (e.g., test taking, athletics), the evaluation of situational and task demands in relation to one’s perceived resources available to cope with those demands engenders distinct patterns of peripheral physiological responding. Individuals experience more challenge-like states in which blood circulates more efficiently in the (...) periphery when they evaluate their coping resources as meeting or exceeding the task demands. Conversely, individuals experience more threat-like states in which blood circulates less efficiently in the periphery when they view the situation or task demands as exceeding their coping resources. Patterns of response consistent with challenge and threat states have been shown to predict important performance and decision-making outcomes in stressful contexts, and repeated experiences of threat-like patterns of physiological activity are thought to have detrimental effects on long-term cardiovascular health. To date, however, research has not used the biopsychosocial model to understand police decision-making under stress. Here, we review relevant empirical work from the perspective of the BPS model concerning how minority status and power can shape challenge and threat responding and contribute to decision making under stress. We then detail a research agenda aimed at improving the translational value of research being conducted within the BPS model for understanding complex performance and decision making in the real world, including among law enforcement personnel. (shrink)

This article reports the findings from a study that investigates the relationship between ethical climates and police whistle-blowing on five forms of misconduct in the State of Georgia. The results indicate that a friendship or team climate generally explains willingness to blow the whistle, but not the actual frequency of blowing the whistle. Instead, supervisory status, a control variable investigated in previous studies, is the most consistent predictor of both willingness to blow the whistle and frequency of blowing (...) the whistle. Contrary to popular belief, the results also generally indicate that police are more inclined than civilian employees to blow the whistle in Georgia - in other words, they are less inclined to maintain a code of silence. (shrink)

POLICE ETHICS – Abstract Mark Lauchs -/- Police are an essential part of the justice system. They are the frontline actors in keeping the peace, social stability and cohesion. Thus good governance relies on honest policing. However, there will always be at least a small group of corrupt police officers, even though Australians are culturally averse to corruption (Khatri, Tsang, & Begley, 2006). There have been many cases where the allegations of police corruption have reached to (...) the highest levels of a state police force (Blanch, 1982) and, in the case of the Fitzgerald Inquiry (Fitzgerald, 1989), ended in a commissioner being convicted of corruption. -/- Any public official who places their own interests before those of the public have corrupted a system in which they are supposed to act as agents of the public, will undermine the good governance of a society (Lauchs, 2007). Police officers attract offers of corruption because of their ability to enforce or ignore the law. Police who are unethical or in financial stress are vulnerable to offers of illicit payments. Longstanding arrangements of corruption within a police branch can lead to a corruption network between police and criminals. Organised police corruption constitutes “social behaviour, conducted in groups within organisations, that is powerful enough to override the officer’s oath of office, personal conscience, departmental regulations and criminal laws.” (Punch, 2000) it is an even greater threat to the community because the damage done has more impact than the sum of the individual acts of corruption. This chapter will discuss the types of police corruption and focus on the organisation as the source of core police culture. -/- . (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to (...) ban many bad tactics, police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

Previous studies have addressed many different kinds of confessions in police investigations – real, false, coerced, fabricated – and highlighted both psychological and social mechanisms that underlie them. Here, we focus on inadvertent confessions and admissions, which occur when a suspect appears to be confessing without being fully aware of doing so, or when police officers believe they have a confession or admission of guilt when in fact this is not the case. The goal of the study is (...) to explain when, how and why these confessions and admissions occur as well as how they are dealt with in two different jurisdictions, the United States and the United Kingdom. We use a discourse analysis approach because inadvertent confessions and admissions of guilt are the product of miscommunication – they happen because the speaker’s meaning and the hearer’s meaning are misaligned. The data consist of 50 interviews from the United Kingdom and 50 interrogations from the United States with both English-speaking and non-English speaking suspects. Our results demonstrate that inadvertent confessions can occur in both locales due to reliance on inference, which is inevitable since inference is the backbone of any human communication, as well as due to additional factors such as linguistic, cultural and procedural issues. We found that these phenomena are more frequent and less well controlled for in the United States context due to no systematic checking of understanding, adversarial questioning techniques and an absence of legal representation, and lack of professional, high-quality interpreting. We discuss the implications of our findings for current efforts to improve access to justice, custodial procedures and language services, and we make recommendations for the implementation of our research in professional practice. (shrink)

The ethical issues that affect police officers of all ranks and locations are explored in this fascinating introduction to the stark and shocking reality of real-life policing situations. Drawing on examples from the United States, Australia, the United Kingdom, Asia, and South Africa, this book examines policing incidents from the everyday to public events that capture widespread media attention. Fully updated with revised case studies, this edition offers discussion and analysis of current ethical issues, including zero-tolerance policing; community-based policing; (...) private policing; police involvement with central, state or local governments; the internationalization of policing; specialist roles such as peacekeeping; and civil rights in relation to terrorism laws. (shrink)

The problem of preferential rules embodies several essential issues of searching for the optimal proportion between the security provided by the police and the liberties of citizens. Preferential rules are related to various particular conflicts brought about by carrying out the security functions of the police. The rules consist of values, that ought to be profoundly judged in every particular situation, as well as of proofable standards of various emergencies, i. e. the threats to the values secured by (...) the police. Further reasonings are then to be carried out in two ways: by artuculation of the rules in their pragmatic functions and by making more clear the meaning of the rules for the new philosophy of the police and for the ground free order in a law state. (shrink)

What should be a police department's policies and regulations on the use of deadly force? What is the relevance for this of the state law on capital punishment?

Regarding police procedures with alcohol-intoxicated witnesses, Swedish police officers have previously reported inconsistent and subjective decisions when interviewing these potentially vulnerable witnesses. Most officers have also highlighted the need for national policy guidelines aiding in conducting investigative interviews with intoxicated witnesses. The aims of the two studies presented here were to investigate whether police officers’ inconsistent interview decisions are attributable to a lack of research-based knowledge; their decision to interview, as well as their perceptions of the witnesses’ (...) credibility could be influenced by scientific research; and police officers decision-making and perceptions of witness credibility are biased by pre-existing social norms. In two separate randomized online experiments, police professionals and recruits watched a recorded fictive witness interview to which they were asked to rate the probability of interviewing the witness, the witness’ credibility, and to estimate the witness’ level of intoxication. Results showed that interview probability and perceived witness credibility were affected by witness intoxication level. While it cannot be stated definitely from the present research, these findings provided indications that police officers and recruits lacked research-based knowledge. Results also showed that interview probability, but not perceptions of credibility, was influenced by a research-based message. In line with research, interview probability for the most intoxicated witness increased after reading the message. Unexpectedly, neither interview probability nor witness credibility was affected by social norms. The current findings added to the legal psychology literature by showing that a breath alcohol concentration as low as.04% was enough for police officers and recruits to consider intoxicated witnesses less credible than sober witnesses. Findings also indicated that, despite the lower credibility assessment, police may have some understanding that these witnesses can be interviewed at low intoxication levels. However, this willingness to interview intoxicated witnesses ceased at a BrAC lower than the levels where research has found intoxicated witnesses as reliable as sober witnesses. Future directions for research and policy development as well as theoretical and practical implications of the present findings are discussed. (shrink)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, (...) pretextual detentions, and other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

This article offers a detailed examination of the content of predictive policing applications. Crime prediction machines are used by governments to shape the moral behavior of police. They serve not only to predict when and where crime is likely to occur, but also to regulate police work. They calculate equivalence ratios, distributing security across the territory based on multiple cost and social justice criteria. Tracing the origins of predictive policing in the Compstat system, this article studies the shift (...) from machines to explore intuitions to applications removing the reflexive dimension of proactivity, thus turning prediction into the medium for “dosage” metrics of police work quantities. Finally, the article discusses how, driven by a critical movement denouncing the discriminatory biases of predictive machines, developers seek to develop techniques to audit training dataset and ways to calculate the reasonable amount of stop and frisk over the population. (shrink)

The Covid-19 pandemic has been analysed as a distinct from, but concurrent with, more typical racist events, such as police killings in the United States. This article argues that one can conceptualise these two events as inter-related and synergistically enhanced. Anti-Black racism is a dynamic that utilises different social inequalities and violent events to manage the Black population within the United States. This article suggests that theorists would benefit from a syndemic analysis of disease and anti-Black violence in future (...) theorisations of Black oppression. (shrink)

This essay articulates one way to conduct a cultural intervention from the Asia/Pacific region that recognizes the cultural governance of “Other” traffics. I investigate the discursive framework of Charlie Chan and Hawai'i detective fiction to inform the ways in which nation-states police cultural difference and enact geo-cultural homogeneity. I contend that Charlie Chan acts as a narrative of containment by inscribing and transcribing those spaces, times and bodies that would otherwise disrupt the national field of America. In particular, the (...) imaginative geography of Charlie Chan not only affirms the tropical paradise coding of Hawai'i, it attempts to provide disciplinary insights from the perspective of a “native informant”; the figure of Charlie Chan translates and forecloses the discordant rhythms of minority and “native” communities in ways that enable the production of popular television shows such as Hawaii Five-O, Magnum P.I. and Baywatch Hawaii. However,despite this national deployment of Charlie Chan, I want to suggest that Charlie Chan can also be read as a tactic of geopolitical resistance. His figure can assume a parodic and critical stance in the form of a native mis-informant, and by so doing, his character insecures dark bodies, times, spaces of the Orient and the Oceanic. (shrink)

Activists have challenged the reach of the carceral state into higher education. Whether calling out the exclusion of currently and formerly incarcerated people from higher education or the ways campus police perpetuate the racial and economic biases that plague the US criminal legal system, these voices offer insights that higher education leaders should take seriously. Yet, these challenges are often met with appeals to safety, which purport to override concerns about the harms produced by extension of the criminal (...) legal system into educational contexts. Campus safety debates offer an opportunity to examine the role of wilful ignorance in the perpetuation of systemic injustices on college and university campuses, highlighting tensions between the testimony of those challenging these systems and practices and prevailing narratives around safety. In analysing the operation of wilful ignorance in this context, we will focus on campus policing as a manifestation of carcerality in higher education. We argue that the perpetuation of policing in higher education in the USA reflects wilful White ignorance that represents both an epistemic and moral failing on the part of higher education leaders. (shrink)

Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which (...) technology shapes moral thinking, I use two case studies to demonstrate how technology simultaneously hides and enables terroristic forms of state violence: police control technologies and Unmanned Aerial Vehicles (UAVs), or drones. In both these cases, I argue that features of these technologies, combined with a narrative of precision and efficiency, serves to mask the terroristic nature of the violence that these practices inflict and reinforces the moral exclusion of those against whom these technologies are deployed. In conclusion, I propose that identifying acts of terrorism requires a focus on the impact of technologies of violence (whether they are “high tech” or not) on those most affected, regardless of whether users of these technologies conceive of their actions as terroristic. (shrink)

: The system of policing in the United States is costly and ineffective, perhaps because of the government monopoly on residentially assigned police departments. A system of private or public police choice could introduce competitive pressures into the market for policing and improve overall quality levels. I discuss current and historical examples of private policing and […].

Güss, Tuason, and Devine (2020) recently provide an opinion concerning problems with police reports as data source from a researchers' perspective. Based on their research project using police reports, they report their experiences with research using this data type.According to the authors, the first problem concerns the limited access to police reports and second problem arises from poor the quality of police reports. Their experiences stem from the United States of America, and it seems that (...) class='Hi'>police reports as a data source did not meet the researcher's expectations. At first glance, one might assume that researchers would find a comparable situation regarding police reports in Germany as well (and probably everywhere).The first problem highlighted by Güss et al. derives, not surprisingly, from the access to police data in general. Most recently, Geujges and Terizakis (2022) report experiences from their own research project in several federal states of Germany comparable to those of Güss et al. (2020). Similarly to the United States, Germany is federally organized. By constitution (Art. 30 GG), the sixteen federal states execute governmental authority by sixteen state polices and release different police laws and specific regulations that determine practical police work and consequently the access to police data. Moreover, the willingness of police organizations to support external (independent) research seems to differ both between federal states and within federal sta... (shrink)

This article answers the question of how contemporary Russian TV series portray the police. The results derive from a single-case thematic and functionalist study of the popular Russian TV series Glukhar’ (which aired from 2008 to 2011). The show merits special attention because it was on air when the Russian police were undergoing a legitimacy crisis, which lead to the 2009 police reform. The series recognized the crisis and responded to it with a set of justifications. I (...) analyze the show’s social and cultural contexts, its plot patterns, and the functions of its characters. I build a typology of justifications and claim that the show justifies the police through an open discussion about the reasons for and consequences of their lawlessness. The series shows that the legitimacy of the police is repeatedly questioned, but trust in the police is always restored because police officers are depicted as estranged from the state but not from the community. Thus, the show contains an interesting example of overcoming a legitimacy crisis through its recognition. The study opens the floor to further discussions about how popular culture resolves intense social debates about policing by symbolic means in a moment when police legitimacy is contested. (shrink)

A number of the men who would become the 9/11 hijackers were stopped for minor traffic violations. They were pulled over by police officers for speeding or caught by random inspection without a driver’s license. For United States government commissions and the press, these brushes with the law were missed opportunities. For some police officers though, they were of personal and professional significance. These officers replayed the incidents of contact with the 19 men, which lay bare the uncertainty (...) of every encounter, whether a traffic stop, or with someone taking photos of a landmark. Representatives from law enforcement began to design policies to include local police in national intelligence, with the idea of capitalizing on what patrol officers already do in dealing with the general public. Several initiatives were launched, among these, the Suspicious Activity Reporting Initiative. Routine reporting of suspicious activity was developed into steps for gathering, assessing and sharing terrorism-related information with a larger law enforcement and intelligence network. Through empirical analysis of counterterrorism efforts and recent scholarship on it, this chapter discusses prevention, preemption, and anticipation as three technologies of security, focusing on how each deals with uncertainty. The Suspicious Activity Reporting Initiative, this analysis suggests, is an anticipatory technology which constitutes police officers and intelligence analysts as subjects who work in a mode of uncertainty. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (...) (2) an algorithmic model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

It's too easy to say of Mai '68 that the police are incurious while protesters are curious, that administrators are incurious and students are curious. A more honest assessment of these moments, striated as they are with social tensions, would identify at least two modes of inquiry and two sets of questions vying for dominance: the one located on the side of the status quo, the other on the side of change. In what follows, I provide historico-theoretical resources to (...) justify that assessment. I first review Michel Foucault and Jacques Ranciere's theories of the police, identifying the incipient role of curiosity in their accounts both of resistance and of power and the police. I then turn to the Prisons Information Group (GIP), where I trace the clear clash between state curiosity as implemented by police and resistant curiosity as practiced by GIP activists. Finally, in light of this clash, I explore implications for interpreting Mai '68 and Black Lives Matter as instances of curiosities at war. (shrink)

In the mid-19 th century, increases in global migration and mobility produced a discernable rise in the number of ambiguous absences. This shift, combined with a novel expectation, linked to improved communications technology, that such absences might be resolved engendered the emergence of missing persons as a social category. A demand on the part of families of the missing that the state aid in their location would produce a Bourdieusian classification struggle over how to define and categorize this new (...) mass of absences. At issue would be whether an ambiguously absent individual was merely absent, as a routine component of social life, or whether the individual merited legitimation by the state as a new form of deviant: a "missing" person. Scholars have described the emerging administrative state’s enhanced powers of surveillance and classification and its persistent inclination to render their populations, in James Scott’s phrase, “legible.” Brought to the attention of the state, missing persons represented a body of people who had conspicuously fallen out of official sight. Yet, instead of attempting to fix this omission by gathering additional information on the lost — to, in effect, see the missing — as theories of the state would lead us to expect, the state chose to look away. In the United States, the state, in the form of municipal police departments, resisted classifying absences as cases of missingness and pushed back against families’ requests for aid. Leveraging the inherently ambiguous characteristics of the missing, the state promoted a definition of missing persons that conveniently freed it from the burden of managing an unmanageable population. In this article, drawing from archival data, I challenge prevailing theories of the modern state that emphasize its avidly classificatory nature by offering a case in which legibility was strategically withheld and a population was, in service of state interests, intentionally obscured. Only after the state lost its symbolic monopoly and the category was raced and gendered, becoming, in public discourse, associated with a socially valuable demographic – namely, young, white women – would the state, facing a threat to its legitimacy, deem the missing as worthy of being seen. (shrink)

Transnationals operate in what may be called the margins of morality because the historical, cultural, and governmental mores of the world''s nation-states are not uniform. There is a gray area of ethical judgment where the standards of the transnational''s home country differ substantially from those of the host country. Following the argument of institutional theory in providing stability and meaning to social behavior, in matters of moral conduct the transnational is likely to yield to at least four policing authorities: itself, (...) in terms of the integrity of its management and by decision-making that follows its own code of ethics, other corporations within its competitive set, governmental agencies including those of the host country, and public exposure, which includes the media as well as non-governmental agencies such as offshore watchdog groups. The fourth mechanism, public exposure, is thought to be the most effective in policing transnational conduct. (shrink)

Foucault coined the term biopolitics when thinking about political philosophy, this concept designates a double path: a) anatomo-politics (regulation of bodies) and b) biopolitics of the population (massification of behaviors). Among these notions, the police emerges: a device that is an apparatus of discipline and a state apparatus and characterizes modern political rationality as a “political technology of doctors” between the 17th and 18th centuries (Classical Era). This work, therefore, focuses on investigating the notion of police in (...) Foucault’s writings from the prism of a genealogy of the police as a bio-police and questioning whether this idea is born as 1) a device of repression, as one thinks, or 2) advocates a technique of improving state sovereignty and strengthening the state within the state. In this work we defend the second hypothesis. (shrink)

During spring 2009 a Swedish senior paediatric intensivist and associate professor was detained and later prosecuted for mercy-killing a child with severe brain damage. The intensivist was accused of having used high doses of thiopental after having withdrawn life-sustaining treatment when the child was imminently dying. After more than 2.5 years of investigation the physician was acquitted by the Stockholm City Court. The court additionally stated that the physician had provided good end-of-life care. Since the trial it has become evident (...) that the accusation was based on a problematic medicolegal report. Nevertheless, the event has had severe negative consequences for the physician personally and professionally, and probably also, in general, for patients in the final stage of life. This case illustrates, together with other cases, that there is a lack of correspondence between ethical soft law/healthcare law and the Penal Code. To optimise medical practice we suggest that the criminal law be carefully examined and if possible changed. Furthermore, we suggest a peer-review system for assessing medicolegal reports in cases of suspected homicide. (shrink)