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)

This article looks at riots that consumed Paris and much of France for three consecutive weeks in November 2005. The author argues that the uprisings were not instigated by radical Muslims, children of African polygamists, or despairing youth suffering from high unemployment. First and foremost, they were provoked by a terrible incident of police brutality, a tragedy among a litany of similar tragedies. Black and Arab youth were already frustrated: decades of violent enforcement of France's categorical boundaries—both racial and (...) geographic—had filled many with rage. When Minister of Interior Nicholas Sarkozy responded to the violent death of three teenage boys on October 25, 2005, by condemning the boys rather than the police officers who had killed them, he merely reaffirmed what many young blacks and Arabs already believed: that their lives have no value in France. (shrink)

Rethinking the philosophical grounds of police power, Melayna Lamb argues that traditional ideas of sovereignty and the law need to be radically re-evaluated. In placing police at the centre of analysis this book demonstrates the manner in which police power exists in a complex and overlapping relationship with sovereignty and law in a form which is not reducible to implementation. In doing this it argues for the centrality of order in any consideration of police and challenging (...) a common narrative whereby a dynamic, interventionist sovereign power that follows from a belief of order as 'artificial' is replaced by a liberal, limited non-interventionist sovereign power that proceeds from a 'natural' order. Moving through thinkers such as Hobbes, Hegel and Adam Smith the book argues that police power is in fact 'an-archic' in form, in a manner that makes it impossible to hold accountable through the law. Lamb adopts an interdisciplinary approach that turns to philosophy to make sense of global events that see police power at their centre. This includes the history of police brutality in the US, the structural injustices made more apparent by COVID-19 and the growing calls to abolish the police. (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)

This paper argues that the occurrence of a non-native species, such as purple loosestrife, on one's property does not constitute a nuisance in the context of background principles of common law. No one is injured by it. The control of non-native species, such as purple loosestrife, does not constitute a compelling public interest, moreover, but represents primarily the concern of an epistemic community of conservation biologists and ecologists. This paper describes a history of cases in agricultural law that establish that (...) a public authority may enter private property to destroy a tree or other species but only to protect a compelling public interest, such as the apple industry in Virginia or the citrus industry in Florida, and only if it pays all the costs including just compensation. The paper argues a fortiori that if a public authority enters private property to control non-native or “invasive” species it must pay all the costs and indemnify the owner—contrary to what many state laws contemplate and the Environmental Law Institute recommends. (shrink)

Monetary Intelligence theory asserts that individuals apply their money attitude to frame critical concerns in the context and strategically select certain options to achieve financial goals and ultimate happiness. This study explores the bright side of Monetary Intelligence and behavioral economics, frames money attitude in the context of pay and life satisfaction, and controls money at the macro-level and micro-level. We theorize: Managers with low love of money motive but high stewardship behavior will have high subjective well-being: pay satisfaction and (...) quality of life. Data collected from 6586 managers in 32 cultures across six continents support our theory. Interestingly, GDP per capita is related to life satisfaction, but not to pay satisfaction. Individual income is related to both life and pay satisfaction. Neither GDP nor income is related to Happiness. Our theoretical model across three GDP groups offers new discoveries: In high GDP entities, “high income” not only reduces aspirations—“Rich, Motivator, and Power,” but also promotes stewardship behavior—“Budget, Give/Donate, and Contribute” and appreciation of “Achievement.” After controlling income, we demonstrate the bright side of Monetary Intelligence: Low love of money motive but high stewardship behavior define Monetary Intelligence. “Good apples enjoy good quality of life in good barrels.” This notion adds another explanation to managers’ low magnitude of dishonesty in entities with high Corruption Perceptions Index. In low GDP entities, high income is related to poor Budgeting skills and escalated Happiness. These managers experience equal satisfaction with pay and life. We add a new vocabulary to the conversation of monetary intelligence, income, GDP, happiness, subjective well-being, good and bad apples and barrels, corruption, and behavioral ethics. (shrink)

This book uses a moral perspective grounded in the social contract to define the responsibilities assumed by the police.

Police and pastoral power: governmentality and correctional forensic psychiatric nursing Since 1978, the federal inmates of Canada have had access to a full range of psychiatric care within the penitentiary system. Several psychiatric units are now integrated into the correctional services of Canada. This paper presents the results of a grounded theory doctoral study undertaken in a multilevel secured psychiatric ward within the Canadian federal penitentiary system. The author describes and discusses the results of qualitative data that emerged from (...) his fieldwork. The concept of governmentality, as defined by the late French philosopher Michel Foucault, constitutes one of the major theoretical tools that were helpful in analyzing these data. Police and pastoral power, two dimensions of the security apparatus of governmentality, were found to be useful in understanding and characterizing nursing practice caught between the penal and the psychiatric dispositifs. A Foucauldian perspective allows one to understand the manner in which forensic psychiatric nursing is involved in the governance of mentally ill inmates through three forms of power — sovereign, disciplinary and pastoral — which have posited nursing practice as a strategic tool of the correctional services. This research consists of a study of nursing practice in an extreme setting that deserves a radical analysis. (shrink)

Includes a foreword by Kevin M. Gilmartin, PhD, author of the bestselling Emotional Survival for Law Enforcement: A Guide for Officers and Their Families. This book offers practical, research-based strategies to help police officers improve wellness, strengthen ethical commitments, and boost resilience both on and off-duty. Your power as a police officer does not come from your badge, gear, or tactical skills. It comes from your POWER: police officer wellness, ethics, and resilience. This book offers a research-based (...) approach to dealing with the daily challenges you face in your law enforcement job. It describes personal and professional steps you can take, on-duty and off-duty, to optimize your health and maintain your performance. When you proactively practice the skills, tips, and exercises outlined in this book, you will be better prepared to defuse crisis situations before they happen, and more capable of coping with them when they do. As a law enforcement officer, you deal with enormous challenges on a daily basis. Policing involves daily risks and stressors that can compromise your health, shorten your career, and make life harder on your loved ones. Even if you have a gym or access to counseling at work, you need a personal plan to maintain your overall wellness-physical, cognitive, emotional, social, and spiritual. (shrink)

This paper is aimed at assessing how power, control, and resistance come into play and how resistance counteracts power and control in police investigative interviewing. Considering that the Philippines was once a colony of the United States, it is essential to compare the two samples as the Philippine legal system is highly patterned after the American jurisprudence (Mercullo in JForensicRes 11:1–4, 2020). Highlighting the existing and emerging power relations between the police interviewer and the interviewee, the study employed (...) Sacks, Schegloff, and Jefferson’s ( Recuenco, A. (2022). Cops to undergo investigation retraining to improve conviction rate. Manila Bulletin. https://mb.com.ph/2022/07/21/cops-to-undergo-investigation-retraining-to-improve-conviction-rate/ ) Conversation Analysis (CA) and Fairclough’s (Ehrlich in Coulthard and Johnson (eds), The Routledge Handbook of Forensic Linguistics, Routledge, 2010) Critical Language Studies (CLS) as general frameworks. A total of 10 Philippine and American police interviews were examined. While the Philippine corpus was obtained from the Pasay City Police Station, Metro Manila, the American corpus was culled from forensicling.com, an open-access website containing forensic linguistic data. Findings revealed that power and control were employed by the police in both contexts with 109 evidential markers (50.7%) and 2,443 representative speech acts (63.3%) having the highest frequency of occurrence. What is striking is the fact that police officers in both Philippine and American contexts show power and control in their utterances to be able to achieve the goal of police interviewing, that is, to gather information and elicit voluntary responses from the interviewees. Through this study, it is hoped that interviewers will be able to explore a better system of the questioning process that may lead the interviewees to cooperate more with them and arrive at a more accurate information. (shrink)

The idea of the police as a “good order” from the Polizeiwissenschaft of absolutism was developed in the biopolitical model of caring for the population of the Modern era, engaged in ensuring safety and well-being. Being a product of mass society, the modern state has focused on influencing public opinion. In the XIX–XX centuries, there was a counter-movement of police supervision and art which gave rise to ‘police aesthetics’. Cinematography was an effective means of forming a desirable (...) image of the Soviet militia in the post-war period of normalization of public life. By contributing to the Soviet myth of developed socialism, militia cinema contributed to a screen-to-life transfer of a new norm of trust between representatives of power and citizens. This constructivist cinema involved the viewer in the cinematic reality by likening them to the main character, a militiaman who acts as a moral guide. In addition to forming the image of the ‘familial militia’, intellectual militia cinema—with its focus on professionalism—is actively developing. The most popular version of the latter is militia cinema that thematizes the moral rightness of militia officers fighting crime in the name of Soviet citizens. Involvement in the cinematic reality through assimilation, novelty, memory, and imagination included the romanticization of the historical events of the revolution. Militia cinema was inverted during the years of the perestroika. It exploited the effect of novelty associated with the viewer's immersion in emerging market relations. The viewer's interest was focused on the wrong, criminal, side of public life. Crime is romanticized, the militia is stigmatized. From constructing the myth of cooperation between the government and the population, militia cinema moves on to deconstructing the myth, achieving an effect of denigration. The fashion for American cinema brings elements of action, thriller, horror. The viewer is no longer included in the imperious project of transforming reality; they are attracted by the illusion, the spectacle. The latest police cinema, overcoming total deconstructionism, is busy reconstructing the spirit of Soviet militia cinema in modern settings. Oscillating between the intention to generate positive images of the police and the demonstration of the “truth of life”, modern police cinema contains the natal shoots of a new cinema in which the image of the police is important for the normalization of public life. (shrink)

A convergence of four genealogies reveals drone power. Environmentality describes the contradictory uses of drones in conservation. Humanitarianism articulates how control is enacted and challenged in human crises. Securitization examines drones in surveillance and counter-surveillance. Militarization, the use of drones in war, explains domination from above and resistance from below. While theories of governmentality dominate, an emergent materialism within drone studies emphasizes the diffusion of power and agency. A synthesis of drone governmentality and drone materialism exposes four flightways or elemental (...) trajectories. The drone is an existential technology – a tool for enlivenment and senescence. As such, drone power migrates between biopolitics and resistance. In doing so, drone performativity generates assemblages of human and nonhuman actants entangled at material-discursive and onto-epistemological levels. Entrapment designates the consequences of increasing dependency on technologies in sociotechnical systems of life and death. (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)

The structure of police agencies, especially how the boundaries of their authority are drawn, is a crucial element of their legitimacy. Poorly drawn boundaries encourage unjustified police power and illegitimate police agencies. Claiming that realized political entities in developed democracies are illegitimate is fraught, in part because the difference between legitimate and illegitimate political power can be subtle in practice. To overcome this difficulty, I propose thinking in terms of “legitimacy-risk profiles.” I develop a way of determining (...) a measure of risk to legitimacy associated with various kinds of police power and agency structure. I then use it to explore the institutional boundaries recommended by the legitimacy-risk profiles of different kinds of policing. The result is a normative framework for thinking about political legitimacy at the realized—that is, not the fundamental and idealized—level. (shrink)

Diverse and dynamic societies face a problem of social control. Institutions of social control, of which the police are a part, are a necessary part of just and legitimate governance. But in our non-ideal world they are also responsible for injustices of their own. This project raises questions of political philosophy as they apply to the professional police agency. It begins by constructing an inchoate, but mainstream view about just policing, legalism, according to which police power is (...) justified by the criminal code, and just policing is just the faithful enforcement of law. This view is undermined by the practical realities of policing, which involves widespread and unavoidable police discretion. It then develops an account of just and legitimate police discretion, including principles of proportionality, liberal neutrality, and democratic responsiveness. This sheds lights on controversial police tactics, order maintenance initiatives, and community policing strategies. This account also informs the just institutional arrangement of police powers, informing ongoing debates about police reform and abolition. (shrink)

ABSTRACTThis article attempts a properly critical and political analysis of the “police power” immanent to the form and logic of academic rankings, and which is reproduced in the extant academic literature generated around them. In contrast to the democratising claims made of rankings, this police power short-circuits the moment of democratic politics and establishes the basis for the oligarchic power of the State and its status quo. Central in this founding political moment is the notion of the Arkhè, (...) a necessarily asymmetric “distribution of the sensible” that establishes the basis of the political order, in this case an oligarchic political order. Drawing on Foucault and Rancière, the article argues for a necessary “dissensus” with both the ranking practice and its attendant academic literature, as the first step towards a politics of ranking that is properly critical, and therefore genuinely political. (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)

The police are one of the most powerful and important forces for any country. The main task of the police is to install a sense of security in the ordinary citizens and to protect their life and property when they are in danger. Bangladeshi Police have a glorious past with tremendous achievement. Especially in our great liberation war in 1971, they played an important role in achieving our liberation. Eliminating terrorism & militancy and others several operation that (...) leads with the risk of their life. But there are still a lot of accusations against the police force. Like- abusing of power, Misconducting with the people, Committing crossfire defying the high-court order, Wearing white dress when they move to detain criminals, Arresting without warrant, and many other including Bribery, Extortion, Trading Drug and Yaba, Playing partisan role, keeping Bad association, Filing case against deceased man, Charging sheet against the infant who has not been born yet, Enforcing disappearance, Suppressing the freedom of express, Violating Human rights, Doing anti-social activities such as rape, forcible extortion, drinking alcohol, etc. are the real scenario of Bangladesh Police. Policing ethics or related unethical behaviors, in particular, are shaped by both societal perceptions and organizational socialization of the police personnel on how authority should be exercised, as well as the latter's relationship with the socio-political and economic structures overtime. This paper proposes to explain the role of police as the main law enforcement agency in any democratic country. An Attempt has been made to bring different perspectives of ethics which comprises views of Aristotle, Machiavelli, Immanuel Kant, J S Mill and John Rawls. The paper focuses on police Ethics. Police ethics’ reflects the society and the regulations that shape the policing system. Discuss the results and analysis of the consequences of moral degradation caused by the Police. Explore the police brutality because of the lack of Ethics to highlight the public's attitude towards police. The ethical standards and the code of conduct Police practitioners should actually abide by is an ongoing debate. (shrink)

In 2014, questionable police killings of Eric Garner, Michael Brown, and Tamir Rice sparked mass protests and put policing at the center of national debate. Mass protests erupted again in 2020 after the brutal police killing of George Floyd. These and other incidents have put a spotlight on a host of issues that threaten the legitimacy of policing—excessive force, racial bias, over-policing of marginalized communities, historic injustices that remain unaddressed, and new technology that increases police powers. This (...) introduction gives an overview of these ethical challenges facing police today and the democratic institutions that oversee them. It then outlines the various interdisciplinary perspectives—from Black studies, criminology, history, law, philosophy, political science, and sociology—collected in the volume. Together, these contributions aim to clarify the question of which ethical principles should guide police, where current practices fall short, and what strategies hold the most promise for addressing these failures. (shrink)

This paper examines racial discrimination and algorithmic bias in predictive policing algorithms (PPAs), an emerging technology designed to predict threats and suggest solutions in law enforcement. We first describe what discrimination is in a case study of Chicago’s PPA. We then explain their causes with Broadbent’s contrastive model of causation and causal diagrams. Based on the cognitive science literature, we also explain why fairness is not an objective truth discoverable in laboratories but has context-sensitive social meanings that need to be (...) negotiated through democratic processes. With the above analysis, we next predict why some recommendations given in the bias reduction literature are not as effective as expected. Unlike the cliché highlighting equal participation for all stakeholders in predictive policing, we emphasize power structures to avoid hermeneutical lacunae. Finally, we aim to control PPA discrimination by proposing a governance solution—a framework of a social safety net. (shrink)

In light of the recent emergence of predictive techniques in law enforcement to forecast crimes before they occur, this paper examines the temporal operation of power exercised by predictive policing algorithms. I argue that predictive policing exercises power through a paranoid style that constitutes a form of temporal governmentality. Temporality is especially pertinent to understanding what is ethically at stake in predictive policing as it is continuous with a historical racialized practice of organizing, managing, controlling, and stealing time. After first (...) clarifying the concept of temporal governmentality, I apply this lens to Chicago Police Department’s Strategic Subject List. This predictive algorithm operates, I argue, through a paranoid logic that aims to preempt future possibilities of crime on the basis of a criminal past codified in historical crime data. (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)

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 this article, the authors introduce the POWER perspective of police wellness and ethics. POWER stands for Police Officer Wellness, Ethics, and Resilience. The perspective represents the view that wellness and ethics cannot be discussed separately; they are inextricably connected to each other. Initiatives to address one should always, simultaneously, include the other. Although there is a need for wellness and ethics to be addressed on an organizational level, the present article emphasizes the importance of POWER for individual (...) police officers. The authors make the argument that officers need to expand the way in which they conceptualize their own wellness to include efforts to maintain ethical decision-making. Specifically, officers will remain psychologically healthier when they take active steps to stay steadfastly committed to their ethical principles. Likewise, officers who utilize a comprehensive wellness program, including strategies to boost resilience, will be far less likely to experience lapses in ethical decision-making. Further recommendations for action and implication of this matter in law enforcement are presented and discussed. (shrink)

This article seeks to consider the policing of anti-fracking protests at Barton Moss, Salford, from November 2013 to April 2014. We argue that women at Barton Moss were considered by the police to be transgressing the socio-geographical boundaries that establish the dominant cultural and social order, and were thus responded to as disruptive and disorderly subjects. The article draws upon recent work on pacification, which views police power as having both destructive and productive dimensions, to consider the impact (...) of police violence on women involved in protest. We seek to explore the ways in which this violence impacts not only on those involved in protest but also those on the peripheries. The article suggests that the threat and use of sexual violence by police towards women aims to enforce compliance within the protest movement and to send a message, specifically to those on the fringes of the movement, that protest is illegitimate and inherently dangerous. As such, sexual violence forms part of the social production and construction of gender and is instrumental in the making and remaking of subjectivities. The case study suggests that police brutality towards women at Barton Moss, therefore, operated as a disciplinary function to regulate acceptable forms of protest and acceptable forms of femininity. (shrink)

Quality-of-life policing, responsive to the concerns of urban communities, presents a profound paradox. On the one hand, the collateral effects of drug use, especially in public and in racially fragmented, low-income communities, result in levels of crime and fear of crime that renders the communities almost uninhabitable; on the other, the collateral effects of policing drug crime, for these same communities, destroy the community's human fabric. A "new" generation of legal scholars have embraced and transformed the Broken Windows model of (...) policing urban communities. These theorists share a "social norms"perspective: they suggest that law's direct threat of imposing sanctions is not the sole means of constraining conduct. A variety of other devices, including non-legal, "social" norms, may supplement the law's coercive power. The social norms "take" on the Broken Windows argument is that public low-level crime undermines the social structures of local communities. Inner city blight sends a distinct message: that community members reject or ignore norms supporting law-abiding behavior in favor of norms supporting law-breaking. Accordingly, social norms theorists advocate empowering police and local communities through a variety of traditional and newly minted public order offenses (such as anti-loitering statutes and youth curfews) as means of attacking high crime in urban and predominantly minority neighborhoods. In this article, I take up the challenge of public order policing. My claim is that the sort of preventative policing social norms theorists advocate can and should be separated from reactive "investigative" policing directed at apprehending criminals. Separating preventative and investigative policing means that the police, as currently constituted, are the wrong people to engage in preventative policing. Instead, the appropriate people include municipal officials with no power to engage in investigation but who have the authority to enforce norms of public order. My proposal is to radically restructure the manner in which we think about the legitimacy of various policing practices and the type of authority the police wield. Our current focus on constitutional remedies for low-level police abuses has failed to ameliorate the justified resentment expressed by individuals and local communities subject to heightened amounts of increasingly invasive policing.The attempt to limit police authority through prospective constitutional (and other) norms that control their ability to search, seize, and interrogate suspects is properly confined to the police's investigative role. Limits do not work to constrain their ability to police public order and engage in crime prevention. Yet even at the investigative stage, the Court has already replaced the rule-based due-process model of authority with a series of role-based exceptions to the Fourth, Fifth, and Sixth Amendments' constitutional requirements. Both role- and rule-based concepts of authority concern the proper scope of legitimate authority. Rule-based authority has its basis in adherence to the content of particular rules; role-based authority is based in the powers afforded individuals in particular roles of public authority. Whereas rule-based authority derives its legitimacy primarily from the government's right to promulgate norms, role-based authority gains legitimacy from the degree to which the official's role is matched to the circumstances triggering authority. (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)

Medicine, Power, and the Law demonstrates that criminal and civil justice interact with medicine and public health more than is presently understood. The book focuses on the role of healthcare practitioners and an array of other professionals across industries in identifying wrongdoers, reporting behavior, and testifying on behalf of the state or government agencies. It also covers circumstances in which law enforcement relies on medicine for evidence or support in ways that compromise medical ethics. By reporting or testifying as experts, (...) a range of people, from specialist pediatricians to flight attendants, can have a life-changing impact on individuals in the name of public health or medicine. People who work in hospitals, social work settings, and even airlines, often contribute to wrongful and aggressive criminal and civil actions against society's most vulnerable people, including parents, older adults, and people living with poverty. The book explores a number of examples, including police use of medicine as a restraint or the collection of blood as evidence and the risks of opting out of certain scientific discoveries, such as pharmaceuticals. It describes the harms that may come to those who engage in suboptimal but generally heretofore legal child-raising behaviors, and people opting to live independently as older adults. These can lead to civil and criminal charges when noticed by those in a position of power. Medicine, Power, and the Law is an important contribution for researchers and practitioners in medicine, the law, and the expanding field of bioethics. (shrink)

The ability of videos to serve as evidence of racial injustice is complex and contested. This essay argues that scrutiny of the Black body has come to play a key role in how videos of police violence are mined for evidence, following a long history of racialized surveillance and attributions of threat and superhuman powers to Black bodies. Using videos to combat injustice requires incorporating humanizing narratives and cultivating resistant modes of looking.

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.

This paper provides a revisionist account of the authority and power of the criminal mugshot. Dominant theories in the field have tended to focus on the ways in which mugshots have been used as a way of disciplining criminal bodies and rendering them docile. It is argued here that additional emphasis could usefully be placed on stories of resistance in which the monological production site of the prison or police station transforms into a dialogical site, in which the objects (...) of police photography can acquire agency. These issues are explored with particular reference to a set of photographs of English suffragettes acquired by the police for surveillance purposes. The suffragette’s refusal to comply with requests to have their photographs taken is used as a case study through which to examine the ways in which conventions about the form of the mugshot can be subverted, ideas about the types of people who were the object/subject of mugshots disrupted and the assumption of documentary neutrality undermined. (shrink)

Although the policing of gendered embodiment is central to ethnographic accounts of sexual minority bullying, data limitations have prevented population-level analyses of how gender expression shapes bullying victimization. Using novel data on gender expression, I document the dynamics of gender policing in contemporary American high schools. Analyzing population-representative surveys from eight states and 10 school districts, I examine how students’ assigned sex, sexual identity, and gender expression intersectionally shape their risk for bullying. Consistent with patterns of cultural sexism that stigmatize (...) male “femininity” more harshly than female “masculinity,” I find that gender expression powerfully stratifies bullying among boys but is seemingly unrelated to bullying for girls. Boys who report feeling seen as “very feminine” are 3.5 times more likely to be bullied than their “very masculine” peers. By contrast, girls’ bullying rates are roughly constant across the gender expression spectrum. Stratifying by sexuality, I find that highly conforming gender expression offers some protection against bullying for sexual minority boys but no protection for sexual minority girls. This study illustrates the value of gradational measures of gendered embodiment and makes newly visible the powerful sanctions pressuring boys into narrow, heteronormative enactments of masculinity. (shrink)

Although DNA profiling has been an important forensic research technique since the late 1980s, for a long time, it had not captured much attention from either academics or the public so far.In recent years, this neglect seems to have ended. Not only has wide-spread media coverage of events such as 9/11 and the 2004 tsunami brought about widespread knowledge of the usefulness of forensic DNA identification, the development of large databases containing DNA profiles of both suspected and convicted criminals has (...) in the last few years also triggered a discussion on the intrusiveness of these measures into a number of civil rights.Indeed, although the increasing use of DNA based techniques in the criminal justice system promises to offer some great benefits for a society that is permeated with risk-aversion, at the same time it also gives rise to some worrying ethical and social consequences.In this article, we confine ourselves to an analysis of the practice of DNA sample retention by government agencies that use these samples to derive digital storable DNA profiles. While this practice seems unnecessary for the purpose of criminal investigation, it carries some severe risks for genetic privacy rights which have hardly been explored so far. (shrink)

This paper draws from critical data studies and related fields to investigate police officer-involved homicide data for Los Angeles County. We frame police officer-involved homicide data as a rhetorical tool that can reify certain assumptions about the world and extend regimes of power. We highlight the possibility that this type of sensitive civic data can be investigated and employed within local communities through creative practice. Community involvement with data can create a countervailing force to powerful dominant narratives and (...) supplement activist projects that hold local officials accountable for their actions. Our analysis examines four Los Angeles County police officer-involved homicide data sets. First, we provide accounts of the semantics, granularity, scale and transparency of this local data. Then, we describe a “counter data action,” an event that invited members of the community to identify the limits and challenges present in police officer-involved homicide data and to propose new methods for deriving meaning from these indicators and statistics. (shrink)

The organization of the modern police is a contingent social choice about how to engage in the process of governance when regulating public order on the street. The police are the agency authorized to act upon the state’s duty to govern in response to public emergencies. The duty to govern exists when there is some urgent social need that could be resolved by acting, and some person or institution has the resources and ability to do that act. The (...) duty is impersonal: anybody with the relevant skill set is obligated to act to address the relevant need. Problems can arise, however, when too few individuals respond or too many compete to resolve the need. A core feature of governance, then, is to create publicly recognized institutions with special authority, resources, and abilities to address the demand for public services when someone needs to step in and do something to the exclusion of ordinary members of the public. Police agencies are further characterized by various powers and duties. These powers are normative powers to change the legal status of the people with whom the police interact, rather than physical powers to use some amount of violence to coerce individuals to comply with police demands. The core powers of the police include the powers to make authoritative determinations about how to respond to an emergency, to detain individuals, and to trespass upon their person or property, along with conjoined duties to govern, to protect, and to intervene at risk to themselves. The dominant approach attempts to distinguish the police from other institutions using the police ability to use violent to respond to public emergencies. On the governance based model of the police, however, the ability to use force is simply one of the resources available to the police, and does not mark them off as different from other public governance agencies. (shrink)

Ethical analysis of armed drones has to date focused heavily on their use in foreign wars or counterterrorism operations, but it is important also to consider the potential use of armed drones in domestic law enforcement. Governments around the world are already making drones available to police for purposes including border control, criminal investigation, rescue missions, traffic management, and the monitoring of public assemblies. Unarmed and controlled remotely, these camera-equipped aircraft provide a powerful and mobile surveillance capacity that can (...) be highly effective in detecting suspicious activity and guiding police operations. In addition, for situations where criminal violence presents a danger to public safety, some governments appear to be readying their police to neutralize threats using drones that are also equipped with weapons. In anticipation of that potential development, this article discusses whether or how police should use armed drones. It applies some of the established ethical principles on police use of force (necessity, proportionality, and precaution), and it explores some of the challenges a drone-using, “tele-present” police officer is likely to face in seeking to adhere to those principles. (shrink)

High levels of police corruption have been a persistent historical tendency in police services throughout the world. While the general area of concern in this book is with police corruption and anti-corruption, the focus is on certain key philosophical and ethical issues that arise for police organisations confronting corruption. On the normative account proffered in this book the principal institutional purpose of policing is the protection of legally enshrined moral rights and the principal institutional anti-corruption arrangement (...) is what is referred to as an integrity system. The latter includes oversight bodies with investigative powers and internal affairs departments as well as specific devices such as early warning indicators, professional reporting mechanisms and integrity tests. Key concepts analysed in the book include corruption, noble cause corruption and collective moral responsibility. The key ethical issues analysed include investigative independence, professional reporting, covert operations and integrity tests. (shrink)

Fichte's philosophy represented one of the first coherent attempts to provide a utopian philosophical foundation for preventative police power, one which anticipated in surprising ways the fundamental logical premises of modern dataveillance or "datapower." This article examines Fichte's proposals for a new system of police passports and the logic of control on which it rests, contextualizing it within the transformation of police practices during his lifetime. It concludes with a discussion of Hegel's criticism of the logical incoherence (...) of securitarian policing, and its relevance for our situation today. (shrink)

Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether one (...) is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection.Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault. (shrink)

This paper conceptualizes the administrative punishment of police misconduct as a republican retributivist endeavor. Blameworthiness for police misconduct stems from its collective and civic harms to liberty — as conceived of as equal protection, rather than non-interference. Police have a special obligation to uphold liberty. Failing to uphold these conditions of liberty is what makes misconduct blameworthy. Police misconduct, insofar as it represents the arbitrary domination of some people over others, threatens republican freedom. I trace this (...) conception of police misconduct across various categories of police misconduct, including criminal and non-criminal violations and violations that do and do not use police powers. While administrative punishment for police misconduct may be justified by its consequences, there also exists a retributive element to this punishment. Republicanism explains why officers are blameworthy for police misconduct, and retributivism explains why they ought to be punished for that blameworthiness. I conclude with an argument for why this republican retributivist paradigm is more coherent than traditional consequentialist or retributivist ones. (shrink)

For more than two centuries the constitutional State and the principle of legality have constructed a rampart against the selfsufficiency of police power, but the events of Summer zoo1 have brutally unveiled the porosity of this limit. Suddenly, an entire history reappeared, preciously instructive, supposedly past and dedicated to erudition since the fateful date, 1789. Like the revolutionaries in the constituent and legislative Assembly , we are once again confronted by a dilemma barely modified by two centuries of juridical (...) positivism. Is it possible to subject the activities of the police to a system of legal control, or must we rather admit that that institution possesses its own standards and that any blunders are less the sign of a specific violation of the law than the confirmation of a structural specificity proper to the police? (shrink)

This essay confronts police corruption historically and conceptually, isolating noble cause corruption as a neglected yet powerful motivator of corrupt police behavior. Noble cause corruption is defined in some detail and several specific suggestions are made regarding police training programs to address the issue.