Police legitimacy, ideology and qualitative methods: a critique of procedural justice theory

I argue that there are unconsidered complexities to police legitimacy and use examples from my study of police–public consultation forums in Edinburgh, Scotland to illustrate. I make a number of conceptual and methodological critiques by drawing upon Steven Lukes’ social theory on power to show how legitimacy can be a product of authority relations as much as it is a cause of authority relations. This view finds support from systems-justification theory. I also tackle Beetham’s conception of legitimacy and argue that there is evidence from police studies that the police breach his key antecedents to legitimacy without incurring the expected consequences. Furthermore, I take an original methodological approach to studying police legitimacy which reveals additional insights. For instance, Bottoms and Tankebe suggest legitimacy addresses multiple ‘audiences’; I would also add that it addresses multiple recipients as legitimacy is shown to vary among officers and positions of rank.

Victoria’s banning provisions: ‘balancing’ discretionary police powers and individual rights

This thesis examines the parliamentary passage, implementation and ongoing scrutiny of Victoria’s banning notice provisions. Underlying political assumptions and justifications are explored to reveal how banning notices exemplify a move towards police-imposed discretionary justice, which undermines individual rights and reconfigures the notion of balance in the criminal justice system.

Police and prosecutors' perceptions of adult sexual assault evidence associated with case authorisation and conviction

This study examined the association between the quality of verbal evidence in cases of sexual assault reported by adults and professionals’ (police and prosecutor) ratings of the likelihood that the cases will result in a conviction at trial. Sixteen police detectives and 19 prosecutors (all specialists in sexual assault) each read two mock sexual offence briefs of evidence, one of a case involving rape of an adult and the other involving an adult reporting historical child sexual abuse. For each case type, two versions of the briefs were developed with regard to evidence quality, which varied according to the degree of elaboration in the responses by the witnesses and suspect, and contextual evidence. Participants rated the likelihood of proceeding with a case and conviction (on 10-point likert scales) and provided a rationale for their decisions. Almost all of the participants agreed that the cases would proceed to court. However, the likelihood of conviction was not associated with the likelihood of proceeding to court, or the evidence quality of the briefs. Differences were found in both the ratings of proceeding to court and conviction, and the factors underpinning the ratings across the two professional groups. The implications of the findings for police organisations are discussed.

Beacon of Hope? Lessons learned from efforts to reduce civilian deaths from police shootings in an Australian state

In the 1990s, the police service in Victoria, Australia, faced a crisis of community confidence due to a spate of civilian deaths from police shootings. In that decade, twice as many civilians died at the hands of the police in Victoria than in every other Australian state combined. Most of those killed were mentally ill and affected by drugs and alcohol, and were rarely a serious threat except to themselves. The problem was also almost entirely an urban phenomenon. Shootings in rural communities, where mentally ill people were more likely to be personally known to local police, were (and remain) almost unknown. The large number of fatalities was recognised as a serious threat to public confidence, and Victoria Police introduced a ground-breaking training programme, Operation Beacon. Operating procedures and weapons training were fundamentally changed, to focus on de-escalation of conflict and avoiding or minimising police use of force. In the short term, Operation Beacon was successful. Shooting incidents were dramatically reduced. However, during the first decade of the new century, the number of civilians being killed again increased. This article examines Operation Beacon, both as a successful model for reducing civilian deaths at the hand of police and as a cautionary tale for police reform. We argue that the lessons of Operation Beacon have been gradually forgotten and that old habits and attitudes resurfaced. Fatal shootings of mentally ill civilians can be prevented, but if success is to be other than temporary, the Beacon philosophy must be continually reemphasised by police management.

The footage is decisive’: Applying the thinking of Marshall McLuhan to CCTV and police misconduct

This article adapts Marshall McLuhan’s writings on mass media to ubiquitous and universal surveillance systems, looking at surveillance as media. The term ‘broadcast media’ is derived from an agricultural metaphor, a technique of planting. I argue that CCTV systems are an inversion of broadcasting: ‘harvest media’. Drawing on three case studies in which CCTV has been relevant to allegations of police misconduct, I explore how harvest media impacts on cultural and legal perceptions of evidence, and what can be known.

Revisiting the Tasty raid: lesbian and gay respectability and police legitimacy

This article extends beyond analysis of homophobic police practices at the Tasty raid that took place in Melbourne in 1994 to explore the ways in which queer politics interact with constructions of ‘respectability’ in the contexts of criminalisation, policing and state protection. I argue that the successful construction of legitimate victimhood by lesbian and gay Tasty patrons (achieved largely through signifiers of middle-class respectability and the paradigm of sameness) impeded police efforts to control media narratives and secure legitimacy in the aftermath of the Tasty raid. The formal apology issued by Victoria Police in 2014 indicates that the Tasty raid was considered a significant enough stain on police reputation to warrant addressing two decades after the event itself. I consider the apology as an attempt to cleanse and redeem the institution of the negative image of police resulting from the Tasty raid. This case offers unique insights into some of the ways in which lesbians and gay men may achieve legitimacy as victims in a heteronormative context and how this might come at the cost of a structural analysis of sexuality, power and violence. It also highlights how state institutions navigate and avoid accountability to a specific and historically targeted group.

An application of an extended effort-reward imbalance model to police absenteeism behaviour

Purpose – Frequent absences from work can be highly disruptive, whilst also potentially indicating problematic working conditions that can lead to increased withdrawal behaviour. The purpose of this paper is to test the predictive capability of an expanded effort-reward imbalance model on employee absenteeism within the context of policing.

Design/methodology/approach – Three separate reward systems are identified by the effort-reward imbalance model. In this study, the authors assessed these individual components for their contribution to officer withdrawal behaviour in the form of absenteeism frequency. Data were gathered from a sample of operational officers (n=553) within a large Australian police agency.

Findings – Findings indicate that there was a strong influence of social rewards such as social support and recognition in the workplace on officer absenteeism rates. Low workload was associated with a higher frequency of absenteeism suggesting a potential underloading effect. There were a number of significant interactions providing support for the effort-reward imbalance mechanism and the separation of the reward construct. Security rewards were particularly influential and significantly moderated the relationship between effort and absenteeism.

Research limitations/implications – Differential effects of occupational rewards were identified in the study, indicating that there are significant opportunities for expansion of the effort-reward imbalance model along with opportunities for HRM practitioners in terms of employee recognition and remuneration programmes. This research was focused on a specific sample of operational officers, therefore should be expanded to include multiple occupational groups.

Originality/value – This paper considers and expanded model of worker strain and contributes a longitudinal assessment of the association between perceived effort and reward systems and worker absenteeism.

The mythical properties of police body-worn cameras: A solution in the search of a problem

Over the past few years, Australian police agencies have begun to enthusiastically introduce body-worn cameras on police personnel. These devices are now either implemented or under trial across the country. There is also an emergent ‘surveillance consensus’ (Hempel and Töpfer 2009) concerning their use amongst Australian police. While more detailed empirical examination of information flows that shape this surveillance consensus is warranted, this contribution to the debate seeks to draw from policing scholarship to critically explore the intersections between the rationalizations for body-worn cameras and the broader policing scholarship. More directly, body-worn cameras cannot be understood in narrow instrumental terms, but must be located within the broader literature on governing police and the law and order politics that surrounds many contemporary police and criminal justice reforms (Cox 2015; Gregg and Wilson 2015). I begin with a summary of the introduction of body-worn cameras in Australia. The article then identifies five problems body-worn cameras purportedly address and provides a brief case summary indicating how current ‘privacy protections’ fail to establish real limits to the collection, use, and dissemination of images from body-worn cameras.

Bureaucratic corruption and income : evidence from the land sector in Bangladesh

We examine, for the first time, the effects of corruption on income using household survey data from a developing country. Estimating the effects of corruption on income is challenging because of the simultaneous relationship between the two variables. We use a two-step instrumental variable approach to identify the effects of corruption on income. We find that after adjusting for simultaneity bias the act of bribery reduces income and that higher bribes have a negative effect on income. Taken together, our results provide a possible explanation why a vicious cycle between corruption and income inequality does not exist in the land sector in Bangladesh.

Corruption via media capture : the effect of competition

In this article, we compare a government's optimal choice of whether to engage in corruption by capturing the media outlets through bribery in two alternative media market structures: monopoly versus duopoly. While there is an extra bribe claimant in a media duopoly relative to monopoly, it may also be harder for each firm to individually expose corruption when the rival co-opts with the government. We find that when the latter effect is stronger than the former, media is captured at lower bribes under duopoly relative to monopoly and in such instances media competition facilitates rather than hindering corruption.

Upholding whose right? Discretionary police powers to punish, collective 'pre-victimisation and the dilution of individual rights

This article uses the example of Victoria’s alcohol-related banning notice provisions to explore the changing conception of balance within criminal justice processes. Despite the formalisation of individual rights within measures such as Victoria’s Charter of Human Rights and Responsibilities Act 2006, the discretionary power of the police to issue on-the-spot punishments in response to actual or potential criminal behaviour has increased steadily. A key driver, evident across the parliamentary debates of the banning legislation, is a presumed need to protect the broader community of potential victims. As a result, the individual rights of those accused (but not necessarily convicted) of undesirable behaviours are increasingly subordinated to the pre-emptive protection of the law-abiding majority. This shift embodies a largely unsubstantiated notion of collective pre-victimisation. Significantly, despite the expectations of Victoria’s Charter, measures such as banning notices have been enacted with insufficient evidence of the underlying collective risk, of their likely effectiveness and without meaningful ongoing scrutiny. The motto of Victoria Police – Uphold the Right –appears to belie a growing uncertainty over whose rights should be upheld and how.

A 'fair cop': queer histories, affect and police image work in Pride March

This article investigates how proactive police image work contends with the politics of queer history by drawing from aspects of affect theory. It asks: How does police image work engage with or respond to ongoing histories of state violence and queer resistance? And why does this matter? To explore these questions, the article provides a case study of the Victorian Pride March in 2002. It analyzes textual representations of Chief Commissioner Christine Nixon’s participation in the parade to show how histories of homophobic police violence can be used strategically to fortify a positive police image among LGBT people and the wider community. Police image work carried out at Pride March becomes a means of legitimizing past policing practices with the aim of overcoming poor and antagonistic LGBT-police relations. The visibility of police at Pride March, this analysis suggests, contributes to the normalization of queerness as a site to be continually policed and regulated. Image work here also buttresses police reputation against the negative press associated with incidents of police brutality. This investigation contributes to the literature on police communications and impression management by demonstrating how police can mobilize negative aspects of their organizational history as an important part of police image work in the present.

The police and punishment: understanding the pains of policing

This article argues that police studies should draw on the sociology of punishment to better understand state pain-delivery. Whereas penal theorists commonly assess the pain and punishment of inmates in relation to wider social sentiments, police theory has yet to regard police violence and harm in the same fashion. As a result, police scholarsoften fail to address why the damage caused by public constabularies, even when widely publicized, is accommodated and accepted. Adapting the idea of ‘punitiveness’ from penal theory allows some explanation of how the public views injury and suffering caused by the police by illuminating the emotions and sentiments their actions generate.

The ‘camps system’ in Italy : corruption, inefficiencies and practices of resistance

The alarming proliferation of ‘campi nomadi’ (nomad camps) in Italy intensifies the urgency of analysing their internal mechanism and the complex relation between all the parties [1]; ‘camp dwellers’, government agencies and Civil Society organisations [CSOs][2], involved in their production and reification. To arrive at an adequate appreciation of this nexus, the three components of what has been termed the ‘camps system’ have been analysed separately. This approach helped to pinpoint how they have combined to produce a hegemonic perspective on Romani issues, which yields a simplistic binary interpretation of a complex and dynamic phenomenon: Romanies are generally viewed as either victims or threats, narrowing the range of responses to charity or hostility. Only in recent years a growing awareness regarding the agency of camp inhabitants has re-emerged more consistently after a period in which an ‘encamped life’ was at times associated to Agamben’s (1998) ‘bare life’ and Foucault’s (1977) ‘biopolitics’. Nevertheless, scholars are still hesitant in developing a current of study looking specifically at camps, not only as ‘resistance sites’, but more broadly as ‘all-inclusive systems’, where interacting and interdependent agents form an integrated whole. Through in-depth analysis of this specific socio-political context I was able to observe the existence of a democratic deficit in the way these actors operate and co-operate with each other: competition and antagonisms, corruption, lack of transparency and accountability, and inefficiencies have all contributed over the years to producing and maintaining the present living situation of the Romani peoples.