Commodifying Justice: Discursive Strategies Used in the Legitimation of Infringement Notices for Minor Offences

Abstract

This article examines discursive strategies used by police and politicians to describe and justify the application of penalty notices to minor criminal offences. Critical discourse analysis is used as an analytical tool to show how neoliberal economic thinking has informed the prism through which infringement notices have been rationalised as a legitimate alternative to traditional criminal prosecution, while also highlighting the contradictions inherent in neoliberalism as an ideology through which to view the embrace of legally hybrid powers in the criminal justice system. Discursive strategies identified in the article include the use of ideological keywords ordinarily associated with free market economics and managerial efficiency; the adoption of militaristic vocabulary and metaphors in representations of policing and space; the strategies of assimilation and formulation to represent police views as uniform and coherent; and the use of nominalisations to legitimise the lack of procedural safeguards attached to infringement notices. The logic of—and the language ordinarily associated with—the domain of private business, the ‘free market’, and deregulation has infiltrated the criminal justice sphere. In addition, the naturalisation of neoliberal economic discourse in political and police representations of infringement notices produces and sustains important ideological effects, by disguising the ways in which the expanded use of administrative sanctions in public order policing intensifies state power at the expense of due process of law.