Crime Control Model Research Articles

New Governance and the 'New Paradigm' of Police Accountability: A Democratic Approach

The inherent power of police officers in a democratic society fuels the expectation that those bestowed with such power must be held accountable if they abuse it. Although police departments are most deserving of transparency and public accountability, police culture, often characterized by the blue code of silence, toleration of aggressive policing techniques, and lax internal oversight, impedes the effective implementation and of meaningful police accountability measures. This Article argues that local police agencies are in fact administrative agencies that regulate not only the conduct of citizens, but also the conduct of police officers operating within the agency. Because some community members are aware of pervasive police misconduct within their communities, they are unlikely to view police reforms as legitimate, especially when they are excluded from the reform process. Thus, the notoriously insular nature of police culture and the resulting community tensions create political legitimacy problems similar to those arising in traditional regulatory contexts. The storied relationship between many communities and police officers amplifies the need for political legitimacy in the police reform context. Therefore, federal intervention efforts addressing the persistence of police misconduct and corruption must be carefully crafted to ameliorate deficiencies in the democratic processes used to develop reforms. This Article contends that efforts to reform police institutions should embrace core principles of the emerging new governance theoretical framework because these principles limit community outrage and enhance the legitimacy of police reforms. Specifically, the paradigm of democratic experimentalism, a subcategory of the broader new governance framework, advocates stakeholder deliberation and local experimentation, features that contribute to overall quality and sustainability of the reforms. This Article argues that the paradigmatic shift in policing from the crime control model to community policing mode, which emphasizes police-community collaboration, is analogous to the shift that must now take place within the context of police reform.

Diversity, law and justice: a Deleuzian semiotic view of ‘criminal justice’

This article takes a Deleuzian view toward diversity, law and justice. It makes use of the insights developed in his two books on cinema comparing an “organic regime” to a “crystalline regime.” The former will be seen as the image of thought and regime of signs of traditional criminal justice practices (due process model, crime control model, family model, actuarial justice, restorative justice); the latter, the basis of a transformative justice (social justice) and the regime of signs that are its constitutive elements. Deleuze’s views on semiotics can be fruitfully contrasted with Lacan’s. I want to indicate how Jacques Lacan’s psychoanalytic semiotics, on the descriptive level, quite accurately describes the connection of desire based on lack with capital logic, whereas, Deleuze provides an alternative ontology (desire based on production) and develops suggestions for privileging a becoming rather than a being. His is a call for ongoing transformations. I want to indicate how diversity, transformation and tolerance can have better developments in a Deleuzian model of the crystalline regime. This entails alternative discursive subject positions and regimes of signs within which constructions of reality by diverse peoples find wider expression. Accordingly, this is about better approximations to social justice.

Imperialism, crime and criminology:\\\\ Towards the decolonisation of criminology

Cohen (1988) once concluded that it is ironic that critics in the West are identifying forms of social control that are more traditional in the Third World as better alternatives to the neo–classical and positivistic repressive traditions in the West while some suggest that what they found malignant in the West should be exported to the Third World as benign. In this paper, I am going beyond Western crime control models to examine the character of criminology itself as an imperialist science for the control of others.

The Greening and Governance of Crime Control

This article examines the suggestion that crime control policy should emulate environmental regulation by concentrating on the alteration of fundamental incentive structures. The ‘greening’ of policy can occur in a number of different ways. A dominant model of environmental regulation is skewed towards government and technicist in orientation. This model does not consider the diversity of incentives that incite action and runs up against a commitment problem. An alternative model of regulation, derived from the grid-group theory of Mary Douglas, is described and its promise for inspiring a culturally plural model of crime control that is not dominated by the state is explored. These suggestions are substantiated by examining recent debates concerning policing and crime prevention and the progress of the Crime and Disorder Act in England and Wales, which might point to an altered role for the state in the provision of security.

The Politics of Force: Media and the Construction of Police Brutality. By Regina G. Lawrence. Berkeley: University of California Press, 2000. 254p. $45.00 cloth, $17.95 paper.

Regina Lawrence makes a major contribution to the criminal justice policy literature in her book, The Politics of Force: Media and the Construction of Police Brutality. She helps observers of the criminal justice system understand one of the reasons the crime control model is the dominant one in the United States. To do this she studies two major police departments, New York and Los Angeles, and the reporting of police use of force incidents in the New York Times and the Los Angeles Times, respectively. Generally, the viewpoint of the police is presented in the newspaper accounts of the incidents. The police explanation involves blaming the individual wrongdoer without any serious discussion of systemic problems in the operation of the police department. In other words, the police view reinforces the crime control model, with its stress on the rapid and efficient removal of wrongdoers from the streets of this country. Thus Lawrence helps the reader understand why the views of police critics do not receive the same level of coverage as does the official view presented to the press by the police bureaucracy. In her concern with the definition of public problems, she contributes to a theory of issue construction. The significance of her findings is reinforced by her data sources: two major American newspapers including the New York Times, which is read by political elites throughout the United States. The data in the book are based on a content analysis of the New York Times and the Los Angeles Times from 1984 to 1995. Also, an extensive analysis of the Rodney King case is presented. The information about the King case was garnered from a variety of newspapers and magazines. In addition, Lawrence gathered information for her study by interviewing reporters and police experts in New York, Los Angeles, and other cities.

Managing Police Operations: Implementing the New York Crime Control Model – Compstat20021Phyllis McDonald, ED.D. Managing Police Operations: Implementing the New York Crime Control Model – Compstat. Wadsworth, Belmont, CA,

Managing Police Operations: Implementing the New York Crime Control Model – Compstat20021Phyllis McDonald, ED.D. Managing Police Operations: Implementing the New York Crime Control Model – Compstat. Wadsworth, Belmont, CA,

Children's conceptualization of law enforcement on television and in real life

Purpose. Television police dramas provide viewers with an inaccurate representation of police work, overemphasizing sensational and dramatic activities while underemphasizing routine duties. This raises the critical issue of whether such misrepresentations are reflected in children's perceptions of law‐enforcement activities in real life. Method. A total of 96 children (Grades 1, 3, 5 and 7) were asked to make estimates regarding how often various law‐enforcement activities occurred on TV police shows and in real life. The relative contributions of age, perceived usefulness of police shows and real life models for learning about law enforcement and viewing frequency of police shows in predicting children's estimations at law enforcement were assessed. Results. Activities overrepresented on TV were perceived by children to be relatively frequent in real life police work. Activities underepresented on TV shows were perceived by children to be relatively infrequent in real life. The more children (especially first graders) reported watching TV police shows, and the more they perceived them contributing to their knowledge about police work, the more inaccurate was their perception of law enforcement in real life. Perceived informativeness of real life models did not predict children's perceptions of law enforcement in real life.

Politique de prévention et de sécurité en Grèce : le contrôle politique, passé et présent

The striking feature of preventative policies – especially in France, the Netherlands, and Belgium – comes from the importance granted to the local level. For North American specialists, community policing may lead to a deep restructuring of social control. But community mobilization may also question the monopoly the state exerts on the city. Henceforth, there are controversies over citizens’ mobilization in Europe. Since our previous evaluation of public policies in the 1980s, we have observed a withdrawal of preventative policies in several European countries and a resurgence of models focussing on crime control. In the context of a new relationship between the state and citizens in which private agencies of security get increasingly involved, the policies of safety and prevention developed in the 1990s appear more and more as a new model of crime control. The contributions gathered in this special issue come from sociologists, criminologists, law and political scientists and they cover eight European countries. Initially they were discussed within the framework of a GERN – Groupe européen de recherche sur les normativités – semi-nar. If studies underline that increases in delinquency can hardly be contested, the analyses presented here emphasize the complexity and contradictions of public action which can generate feelings of insecurity as a result of their paradoxical effects.

A Research Evaluation of the Israeli New Pretrial Detention Act

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

Charting New Territory? Fifteen Years of Search and Seizure Decisions by the Supreme Court of Canada, 1982–1997

Introduction When the Charter of Rights and Freedoms became part of the Canadian Constitution there was a great deal of speculation over the effect it would have on legal rights in Canadian society. In the search and area, some questioned whether an individual's right against unreasonable search or seizure would be protected to a greater extent simply because the Charter placed limitations on such criminal procedures previously left to the discretion of government (Manfredi 1993). Conversely, others wondered whether the Supreme Court would fail to take a strong comprehensive approach to the s. 8 provision because Canadian society did not have a strong historical tradition of protecting individuals from unreasonable searches and seizures. In analyzing this question, one might turn to the theoretical paradigms of criminal justice first articulated by Herbert Packer (1968). Prior to the adoption of the Charter, the Canadian Court had historically adhered to the Crime Control Model (one of Packer's models) in the search and area (Manfredi 1993; Lipset 1990). According to Packer, this approach to criminal procedure is based on the belief that the repression of criminal activity is the most important function of the criminal system. Thus, societies that advocate the use of this model, such as Canada, tend to believe that strict law enforcement is critical in order to maintain public order and safety. By contrast, Packer argued that societies that value human freedom, such as the United States, are more likely to adhere to the Due Process Model, which is based on the belief that it is just as important to protect the innocent as to convict the guilty in the criminal justice system. Cultures that adhere to this doctrine demand that an individual be presumed innocent until proven guilty beyond a reasonable doubt and, thus, procedural safeguards are employed at every stage of the judicial process to help protect the criminally accused from unjust confinement. Having said this, it is important to realize that prior to the Charter's adoption the presumption of innocence was a hallmark of common-law doctrine, though it was not constitutionally enshrined. Still, Packer's two theoretical models provide a valuable interpretive framework for assessing how the Canadian Court has approached search and cases after the adoption of the Charter. Packer's two models of criminal justice highlight an ongoing debate over the extent to which Canada's political culture is truly more communitarian than that of the U.S. While some scholars have suggested that Canada's political ideology may be as liberal and individualistic as that found in the United States (Ajzenstat and Smith 1995; Bell 1991; McRae 1964), others have contended that communitarian values have played a critical role in shaping a unique Canadian political identity (Ostberg 1995; Glendon 1991; Lipset 1990; Monahan 1987; Horowitz 1966). For example, Lipset has argued that Canada's commitment to community values and the collective good can be traced to its founding counter-revolutionary traditions. Meanwhile, Horowitz has suggested that these same values are embodied in the socialist traditions that have been a political force in Canadian national politics (see also Monahan 1987, 92). Most notably for the purposes of this article, these communitarian strains are clearly reflected in Canada's traditional adherence to the Crime Control Model in the legal arena, which places heavy emphasis on the maintenance of public order through strict law enforcement (Manfredi 1993; Lipset 1990). In short, advocates of the communitarian hypothesis believe that Canadian politics has a rich and historic commitment to collectivist values, which in turn could have important implications for the nature of judicial review under the Charter. This paper addresses the fundamental question: How has the Supreme Court of Canada responded to the addition of constitutional safeguards in a society that many believe fits Packer's Crime Control Model? …

The Third Model of Criminal Process: The Victim Participation Model

More than thirty years ago, Professor Herbert Packet proposed his famous two value systems that compete in criminal process: the Crime Control Model and the Due Process Model. In recent years, however, it has become clear that a third model is need as a complement to, but not as a replacement for, Packer?s two models: the Victim Participation Model. This third model recognizes that the law now acknowledges the importance of victim participation in the criminal process. The model comprehends important concepts reflected in state constitutional amendments and statutes, such as fairness to the victim, respect for the victim, and dignity of the victim. The three-model concept is more functional than the two-model concept. While the law now reflects the significance of genuine value of victim participation, the two-model concepts provides no room for the values of victim participation. Law of victim participation are not going away, but to the contrary are becoming ever more prevalent. The Victim Participation Model provides an opportunity to understand the laws granting victims rights of participation in the criminal process.

Policing Women: The Sexual Politics of Law Enforcement and the LAPD.

Acknowledgments Introduction: A Man's Job: Gender and Police Work Part I: Gender, the Police, and Criminal Justice Reform 1. All over the Country There Is a Spirit of Cleaning Up: The Female Reform Tradition and the Origins of the Movement for Women Police 2. Preventive Justice: The Campaign for Women Police Part II: Women Police in Los Angeles 3. Just Mothers to Everybody: The City Mother's Bureau of Los Angeles, 1914-1929 4. Double Lives: Police Women of the LAPD Juvenile Bureau 5. From City Mother to Sgt. Tits: The Death of the Crime Prevention Model Epilogue: Out for Justice: The Legacy of the Crime Control Model Notes Index

CRIME CONTROL, DUE PROCESS AND 'THE CASE FOR THE PROSECUTION': A Problem of Terminology?

The recent debate in this journal between Smith and McConville, Sanders and Leng is bedevilled by terminological problems. These might be solved by renaming Pack's ‘Crime Control model’ as the ‘Efficiency model’. This renders the true nature of the dispute readily identifiable.

HUMAN RIGHTS, DUE PROCESS AND SENTENCING

The recent conflict between the judiciary and the executive regarding the sentencing reforms contained in the controversial 1996 White Paper, Protecting the Public and the resultant Crime (Sentences) Act 1997, has focused attention on the nature and protection of individual rights in the sentencing process (see, for example, Nash and Furse 1996; Henham 1996). This concern reflects a wider preoccupation with the implications of increased managerialism, consumerism and politicization of sentencing policy formulation during the last decade (see Lacey 1994; Bottoms 1995). This paper is concerned with two aspects of the debate. In the first instance, it examines the arguments for adopting a rights-based approach to the analysis of the sentencing process rather than the traditional crime control and due process models (Packer 1968). The rights-based approach is exemplified in recent work by Ashworth which focuses on the pre-trial criminal justice process (1994: 26-34, 1996), while Sanders and Young have adopted Packer's normative models in their contemporary analysis of the criminal process (1994: 12-20). Although these writings focus largely on pre-trial as opposed to sentencing aspects of the criminal justice process, the analysis which follows is based on the premise that there are certain normative and analytical issues, central to a contemporary analysis of the criminal justice system, which transcend the specific concerns of discrete components of the process. In other words, despite the fact that at the micro-level different analytical forms and values may exist for each process, the normative questions raised by the rights-based approach and the heuristic capabilities of criminal process models have a wider relevance to the operation of the criminal justice process as a whole. Packer's Crime Control model stresses the repression of criminal conduct as the most important function of the criminal justice system and focuses on the most efficient ways that this can be achieved, particularly through the disregard of formal legal controls which prove an obstacle to the production of a high conviction rate. The Due Process model, on the other hand, stresses adherence to courtroom procedure and protection of the individual. Packer endeavours to develop these models as representativ e of two competing sets of normative prescriptions which can be employed as heuristic devices to facilitate the description and analysis of the criminal process. The latter is portrayed as producing a constant interplay between the contradictory demands of the two

POLICING THE DROSS: A Social Disciplinary Model of Policing

In this article I use the findings of an ethnographic study of police station procedures to explore the limitations of Packer's Crime Control and Due Process models of justice. Concentrating on the dynamics of police-detainee interaction in the significant minority of cases in which the police arrest individuate whom they have no intention of charging, I show that in such cases policing is not geared towards enforcement of the criminal law but towards the achievement of police-defined objectives. I argue that Packer's models are both legal models, and thus inadequate to the task of explaining what takes place in these cases. I present the argument that these cases are better explained by reference to a Social Disciplinary model of policing. This is a model which eschews concern for both legal and factual guilt, concentrating instead on the task of subordinating sections of society viewed as anti-police and innately criminal.

Ethical issues in the forensic applications of DNA analysis

Attitudes towards forensic applications of DNA analysis vary. But two archetypal opposed viewpoints may be constructed—“Camp Enthusiastic” and “Camp Hostile”. Section 2characterises these two camps and analyses their opposition as reflecting (i) different models of criminal justice and different views in ethical theory about the normative relationship between the individual and society; or (ii) the agenda of different social or political interest groups in society. It is argued that explaining the dispute as a socio–political one, rather than as a disagreement in ethical theory, merely serves to shift the focus of ethical interest or concern from forensic applications of DNA analysis, as such, to their socio–political context, compelling a focus on the ethics of the adversarial system of justice in particular. Section 3presents an approach to adjudicating the dispute between the two Camps. It is argued that commitment to human rights logically entails commitment to the Principle of Generic Consistency (PGC) of the American Philosopher Alan Gewirth. Consequently, the European Convention on Human Rights, which is binding on all European States, must be interpreted in line with the PGC. The PGC is explained and it is argued that it supports the Due Process Model of Criminal Justice (characteristic of Camp Hostile) over the Crime Control Model (characteristic of Camp Enthusiastic).

Children's understanding of events and criminal justice processes in police programs

Television viewing may provide input to children's knowledge of crime and law enforcement, but little is known of how young viewers interpret such material. The study reported here investigates how children and adults represent the content of police programs, their understanding of the various scenes, their temporal organization and the various models of criminal justice. Using the script framework of event representation, it was found that with age, accounts of what happens on police programs became more elaborate and hierarchical. Young children were found primarily to understand action-salient scenes but interpreted more conceptually demanding scenes such as the police investigation and the courtroom quite differently from older viewers. Older children begin to understand more complex scenes, and the temporal organization of the various scenes. Analyses of the models of criminal justice implicit in individuals' scripts indicated developmental changes, from pursuit representations in the younger children, through crime control models for most of the older viewers, to acknowledgment of due process (rights of the accused, trial procedures) among some of the older children and adults.

The dilemmas of citizenship: Limitations on canadian legal rights

Since the entrenchment of the Canadian Charter of Rights and Freedoms, Canadian courts have been burdened with a disproportionate number of cases concerned with issues arising from the newly introduced legal rights. However, the transition from the Canadian crime-control model to the American-style due-process model is far from complete. The rights of the accused are consistently deemed to be secondary to the aim of reinforcing the legitimacy of the criminal justice system. Canadians' legal rights will in fact remain limited as long as judges continue to decide cases on the basis of harm done to the justice system, rather than individuals and groups.

Preventive Justice:

In the 1910s women police and their supporters constructed a female-gendered model of police work known as the crime prevention model. According to this model, crime prevention is the most important function of the police, and women are inherently better suited than men to be crime prevention officers. This model challenged hegemony of the police. In the 1930s, a male-gendered model of police work, the crime control model, emeqed and re-affirmed the superiority of male characteristics and values in police work. The crime control model still dominates American police departments today.

Tearoom trade: A law enforcement problem

In the past several years, police throughout Canada have responded to complaints of men using public washrooms for sexual purposes by invoking a crime control model of law enforcement. As a result, numerous ? ?tearoom? ' participants have been arrested and charged for sexual offences under the Criminal Code. This study examines police response to the problem of impersonal sex in public places using data gathered from case materials and through interviews with detectives in five Canadian urban areas. Although they are successful in apprehending offenders, gathering evidence, and obtaining convictions, police have been heavily criticized for their use of intrusive surveillance techniques. The publication of accused persons? names by local newspapers and the resulting loss of jobs, break-up of families, and the suicide by one offender, has added to the controversy and fueled the debate over the appropriateness of police investigative practices. This paper examines the police response and suggests alternatives that are equally effective, less intrusive, more humane, and less costly than the crime control model of law enforcement.