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

This paper reviews The Ethics of Undercover Policing by Christopher Nathan.

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

The article assesses different models of professional ethics and develops a model which sees professional imperatives as the institutionally-guided expression of foundational moral principles. This article uses the model to assess the moral pressures placed on interrogators in undercover operations in which a detective poses as a suspect in pre-arraignment holding. While highly effective, the level of empathetic rapport required risks incurring compassion fatigue and burn out on the part of detectives.

The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...) have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

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

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy (...) is derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

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

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

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

The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and responsibilities of police as (...) the law enforcement agency and apprehension of the moral status of a non-therapeutic opioid use. The authors of the paper investigate, primarily, the existing ethical controversies surrounding the police Narcan use while touching upon the issue of the decriminalizing drug policy in the U.S. The authors conclude that the police can carry and administer Narcan without self-contradiction and that the policymakers’ investigation on the drug decriminalization policy should begin with the understanding of the “common morality” of the American public, the ethical view shared and practiced by the greatest number of people. (shrink)

This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and philosophy. (...) Each major conception of the police role is examined in light of how it affects the pursuit of justice, and how it may be contrary to seeking justice holistically and collectively. The book sets forth a conception of the police role that is consistent with the basic values of a constitutional democracy in the liberal tradition. Hunt’s intent is that clarifying the police role will likewise elucidate any constraints upon policing strategies, including algorithmic strategies such as predictive policing. This book is essential reading for thoughtful policing and legal scholars as well as those interested in political philosophy, political theory, psychology, and related areas. Now more than ever, the nature of the police role is a philosophical topic that is relevant not just to police officials and social scientists, but to everyone. (shrink)

The police are one of the important law enforcement agency in Bangladesh. Police are the best agency to protect human rights. Indeed, the police have a special responsibility to protect people. In addition, to their duty, they also serve in people's social and moral call, especially during COVID-19 situations they imprint many examples of humanity. People experience many good deeds of police during a national disaster as well. However, allegation against the police for violations of human rights is not uncommon. (...) Cases of torture, death in police custody, involvement in the drug trade and robberies, entrapment with drug, helping in land grabbing, etc. are being published in newspapers. Nevertheless, to protect human rights or to take care of human rights is the prime function of the police. This research efforts to find out the answer to why police violate human rights. This research may help police professionals or administrators in taking policy initiatives to erase the negative image of the police. (shrink)

Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.

This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.

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)

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.

The best arguments against gun control invoke moral rights—it might be good if there were fewer guns in circulation, but there is a moral right to own firearms. Rather than emphasizing the potential benefits of gun control, this paper meets the best arguments on their home turf. I argue that there simply is no moral right to keep guns on one’s person or in one’s residence. In fact, our moral rights support the mutual disarmament of citizens and police.

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (2) (...) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system. (shrink)

Over the past decade, police departments in many countries have experimented with and increasingly adopted the use of police body-worn cameras. This article aims to examine the moral issues raised by the use of PBWCs, and to provide an overall assessment of the conditions under which the use of PBWCs is morally permissible. It first reviews the current evidence for the effects of using PBWCs. On the basis of this review the article sets out a teleological argument for the use (...) of PBWCs. The final two sections of the article review two deontological objections to the use of PBWCs: the idea that use of PBWCs is based on or expresses disrespectful mistrust, and the idea that the use of PBWCs violates a right to privacy. The article argues that neither of these objections is persuasive, and concludes that we should conditionally accept and support the use of PBWCs. (shrink)

Police killings of individuals with mental illness have prompted calls for greater funding of mental health services to shift responsibilities away from the police. Such investments can reduce police interactions with vulnerable populations but are unlikely to eliminate them entirely, particularly in cases where individuals with mental illness have a weapon or are otherwise dangerous. It remains a pressing question, then, how police should respond to these and other vulnerable aggressors with diminished culpability (VADCs). This article considers and ultimately rejects (...) three potential approaches from the ethics of defensive force literature. It looks to improve on them by developing what I call the fusion account, which explains how vulnerability and diminished culpability fit together to provide moral grounds for extra protections from deadly force. The article’s final sections explore the policy implications of the fusion account for police administrators, officers, and the law. (shrink)

In this paper I consider Corneliu Porumboiu’s ‘Police, Adjective’ (Romania, 2009) as an instance of a puzzling work of art. Part of what is puzzling about it is the range of extreme responses to it, both positive and negative. I make sense of this puzzlement and try to alleviate it, while considering the film alongside Ludwig Wittgenstein’s arguably puzzling “Lectures on Aesthetics” (from 1938). I use each work to illuminate possible understandings of the other. The upshot is that it is (...) is plausible to regard both as engaged, in part, in preparing us to make sense both of themselves, and then also of other works. (shrink)

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

Abstract The rapid growth of Indonesian Heavy Metal music, especially the Death Metal subgenre, since around the turn of the millennium, has been quite remarkable. Indonesia is now numerically the largest scene in the world. Man, the vocalist of Jasad, told the author that the provincial West Javanese city of Bandung had 128 active Death Metal bands as at February 2011. This chapter will discuss the cancellation of an April 2012 music festival held in the Bandung hinterland by police halfway (...) through the festival, and explain how and why it took place. Police became nervous and worried about Heavy Metal shows following the deaths of eleven concertgoers, due to a crowd crush, at a Beside album launch in Bandung in 2008. The chapter analyses the “maternal rage” of a band member’s mother (also a policewoman at the scene) from the perspective of grounded gendered cosmopolitanism. Lastly, a short case study of Sickles, a young band from the religiously-conservative Madura Island, shows the problems that young bands experience plus the type of global underground support which they can attract. (shrink)

In this paper, I argue that policing can be defended as consistent with the equality of all before the law – but not by denying that policing occupies a special place in our legal order that is dangerously close to certain ancien régime privileges. In order to defend the special privileges of policing, it is essential to show that they are something quite different from the ancien régime privileges that they in some respects resemble. The crucial conceptual (...) tool for making that argument is the idea of public office. Policing, I argue, is a public office and like other public offices, it comes equipped with a number of special rights, privileges, powers, and immunities that are not generally possessed by all persons in their private capacity. But that situation is no challenge to the equality of all persons before the law. Those special rights do not belong to the office-holder as their private property, to do with them just as they would like. They belong, instead, to the office itself, and they may be exercised only by someone duly appointed to the office (who may also be duly removed from office) and only in pursuit of the purposes that define her office. The idea of public office is what makes possible a necessary and acceptable kind of inequality – that between individual private persons on the one hand and the collective person of the state on the other – while maintaining the kind of equality that matters, which is the equality of all persons vis-à-vis one another. (shrink)

In this chapter I defend the construction of inclusive, tightly governed DNA databases, as long as police can access them only for the prosecution of the most serious crimes or less serious but very high-volume offences. I deny that that the ethics of collecting and using these data sets the pattern for other kinds of policing by big data, notably predictive policing. DNA databases are primarily used for matching newly gathered biometric data with stored data. After considering and (...) disputing a number of objections to this practice, I conclude that DNA databases used in this way are ethically acceptable, if not valuable, contributions to legitimate policing. (shrink)

After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...) a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process. (shrink)

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

In this article, we explore some of the roles of cameras in policing in the United States. We outline the trajectory of key new media technologies, arguing that cameras and social media together generate the ambient surveillance through which graphic violence is now routinely captured and circulated. Drawing on Michel Foucault, we suggest that there are important intersections between this video footage and police subjectivity, and propose to look at two: recruit training at the Washington state Basic Law Enforcement (...) Academy and the Seattle Police Department’s body-worn camera project. We analyze these cases in relation to the major arguments for and against initiatives to increase police use of cameras, outlining what we see as techno-optimistic and techno-pessimistic positions. Drawing on the pragmatism of John Dewey, we argue for a third position that calls for field-based inquiry into the specific co-production of socio-techno subjectivities. (shrink)

Essay on police legitimacy through public reason and community policing.

Crime is a community problem and not just a police problem. The adoption and implementation of Community Policing (CP) in the 1980s, was perceived as departure from the professional ‘police-as- expert’ model of public safety that had been dominant for a long time. The CP approach is designed to engage the community as an equal partner in solving local crime and other security threats within the community. The CP concept was introduced in Kenya in the 1990s.Though it had informally (...) existed in Nairobi County in Ruai and Kasarani estates much earlier.Its formal implementation only gained currency after the Post Election Violence of 2007-2008 in Kenya. Among the factors influencing its implementation in Kenya has received considerable research attention, but challenges impacting on its implementation in Nairobi County have not been adequately documented. This study aimed to fill this research gap by focussing on community factors. The overall research objective sought to determine the influence of community factors in effective implementation of community policing within Nairobi County. The objective of the study was to assess how community factors influence implementation of community policing within Nairobi County. The research findings adds to the body of knowledge, while also benefitting policy makers dealing with issues of community policing. It will also benefit other researchers exploring different aspects of community policing as a strategy to combat crime in city neighbourhoods. The research established that community factors are among the most influential factors that hamper smooth implementation of community policing in Nairobi County. The study recommends that the community needs to be educated on community policing initiatives and how to manage community factors that affect the implementation of CP in Nairobi County. (shrink)

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

What concerns me in this paper is a connection between motivation and various duties, especially duties that arise in the context of an institution such as a police force. I shall want to spread my net wider than that and discuss such issues as the role of loyalty in human life, but the focus will come back to the professional loyalties of police officers and, particularly, the discussion of the police culture in the Fitzgerald Report. What is it that motivates (...) people to perform their duties? Perhaps what matters, in the end, is that the duty is done more than why it is done, but motivation will have a lot to do with whether duty is done at all and with how well it is done. Motivation affects efficiency as well as morality and must, therefore, be given considerable thought by anybody concerned with an organization in which people are to perform their duties. (shrink)

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

Police officers are vital to maintaining security and the continuity of national functions. Thus, Police officers are more exposed to different kinds of psychological concerns. However, a female in this kind of profession, based on various studies, experienced higher levels of stress because of other factors. Further, the primary goal of this study is to investigate the psychological well-being, lived experiences, challenges, and coping mechanisms of female police officers. Employing the Interpretative Phenomenological Analysis, the findings of this study were: (1) (...) Female police officers had conceptualized themselves as brave, flexible, and adaptive. And they cope with stress with positive thinking that results in healthy psychological well-being. (2) Female police officers showed dedication and engagement to serve the people. They even used their resources for the public and sacrificed most of their time in the office. (3) Female police officers' primary motivation to continue their careers is their families, and serving the public brings joy to them. (4) However, female police officers experience disrespect while working in the field, and they always have fear in their life as police officers. Moreover, they need more time to spend with their families. Furthermore, it is highly suggested to provide opportunities for enhancing quality time with their family, specifically with their children. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (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)

This review is republished to illustrate how important this book is to us today, with legislation and caselaw additions as follows: UK Anti-terrorism, Crime and Security Act 2001; UK Contempt o Court Act 1981; UK Obscene Publications Act 1964; UK Perjury Act 1911; UK Police Misconduct Regulations 1999; UK Prevention o Corruption Act 1996; UK Fraud Act 2006; UK Bribery Act 2010; UK Prevention o Corruption Act 1926; UK Public Bodies Corrupt Practices Act 1889; and UK Terrorism Act 2000. Case (...) law includes: R v Bellum [1989]; R v Dryden [1995]; R v Kiin [1994]; R v Loosley [2002]; the Steven Lawrence murder case; and Tsang Ping-nam v R [1981]. (shrink)

Abstract: The study aimed to identify the level of leadership characteristics among Palestinian police employees in Gaza Strip in light of the Corona pandemic, and to achieve the objectives of the study, the researchers used the descriptive approach in its analytical method, using a questionnaire applied to the police officers at the Central Governorate Police Station, whose number is (113) individuals, they were Selected using stratified randomly method, and the study resulted in a set of results, the most important of (...) which is that the level of leadership traits among employees in the Palestinian police in Gaza Strip, which came with a relative weight (76.20%), which is to a large extent, there are no statistically significant differences between the averages of the estimates of the study sample On the level of leadership characteristics in the Palestinian police in Gaza Strip attributable to the variable of age group, academic qualification, scientific specialization, practical experience, and in light of these results the researchers suggested a set of recommendations, the most important of which are: The need to tighten penalties for individuals who violate the instructions issued by the Ministry of Interior in light of the outbreak of the Corona epidemic Increasing interest in preparing and organizing specialized training courses and programs in the field of managing dealing with all different segments in order to preserve the lives of people from the Corona epidemic. (shrink)

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith (...) to policing, dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

The connection between leadership style, on the one hand, policing and perception of corruption, on the other hand, has received little attention in the literature on leadership theory and organizational processes. Hence, the aim of this study is to examine the relationship between transformational leadership and perception of corruption within the police institution, especially in this instance, the Nigeria Police Force. Based on a sampling process of cross sectional approach, the data were collected by administering questionnaires on 156 respondents (...) in Alausa police district in Lagos State. The descriptive result shows that while transformational leadership is practiced in the Nigeria Police Force, the perceived level of corruption remains high. Though in varying degree, the results indicate a positive correlation between the attributes of transformational leadership (charisma, individualized consideration and intellectual stimulation) and the dimensions of corruption. While charisma consistently has a positive influence on the facets of corruption, individualized consideration and charisma influence the dimension of transparency within the police force. In addition, individualized consideration influences the facet of crime. Thus, transformational leadership seems to play an important, but complex role in the reduction of corrupt practices within the police institution. The findings were discussed in the specific contexts of transformational leadership theory, organizational practices and police corruption. The practical implications for organizational development, police reform and crusade against police deviances were also underscored. (shrink)

Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements (...) of civil liberty by such departments could be reduced if the departments looked at law more as a good to be served for its own sake and less as an instrument for the promotion of order. In other words, a shot of legalism is the correct medicine to reduce police misconduct that pierces the law’s protections of citizen freedom. -/- This Article contributes to the critical literature on broken windows policing by reassessing the work of the famous Harvard scholar (James Q. Wilson) who fathered it. The Article takes Wilson’s work and turns it on its head, drawing very different prescriptive conclusions than he did himself. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

Abstract: This study aimed to identify the behavior of organizational citizenship in Palestinian Police Force between reality and expectations, and this study comes to study the reality of human resources and their organizational behavior in the police apparatus, which is the largest security services operating in Gaza Strip, so it is expected that this study will contribute to improving this This aspect will be reflected positively on serving the country and the citizen and achieving security and safety for them. The (...) study relied on the descriptive and analytical approach, using the questionnaire, and targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers, and the study tool was distributed to the sample members in all departments and governorates Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%), and they were analyzed using (SPSS) software. The study found that the organizational citizenship behavior was largely due to all its components. The study also showed that there are statistically significant differences between the respondents ’average response towards the organizational citizenship behavior due to the variables (type of administration, age group, job title, military rank, and years of service). The study recommended taking into account the interests of employees when making decisions and involving them in formulating them, explaining their justifications, and finally, the study recommended that organizational citizenship behavior be considered an organizational value that the police seek, and to create an organizational climate in which a sense of justice prevails, given its prominent role in stability, calm and discipline at work Thus, the elevation of the police institution and the achievement of its desired goals. (shrink)

This paper synthesizes scholarship from several academic disciplines to identify and analyze five major ethical challenges facing data-driven policing. Because the term “data-driven policing” emcompasses a broad swath of technologies, we first outline several data-driven policing initiatives currently in use in the United States. We then lay out the five ethical challenges. Certain of these challenges have received considerable attention already, while others have been largely overlooked. In many cases, the challenges have been articulated in the context (...) of related discussions, but their distinctively ethical dimensions have not been explored in much detail. Our goal here is to articulate and clarify these ethical challenges, while also highlighting areas where these issues intersect and overlap. Ultimately, responsible data-driven policing requires collaboration between communities, academics, technology developers, police departments, and policy-makers to confront and address these challenges. And as we will see, it may also require critically reexamining the role and value of police in society. (shrink)

The study aimed to identify the leadership features and their relationship to increasing achievement motivation among Palestinian police employees in Gaza Strip in light of the Corona pandemic. To achieve the study’s objectives, the researchers used the descriptive method in its analytical method, using a questionnaire applied to the police officers at the Central Governorate Police Station, whose number is (113) individuals. They were chosen in a stratified, random manner, and the study resulted in a set of results, the most (...) important of which is that the effect of leadership characteristics of Palestinian police employees in Gaza Strip, which came with a relative weight (76.20%), which is, to a large extent, the level of increase in achievement motivation among employees in the Palestinian Police in Gaza Strip. Gaza under the outbreak of the Corona epidemic? Which came with a relative weight (82.40%), which is to a large extent. While it resulted in a positive correlation between the impact of leadership characteristics and the increase in achievement motivation, there are no statistically significant differences between the averages of the study sample's estimates about the impact The leadership characteristics of the Palestinian Police in Gaza Strip are attributed to the variable of the age group, academic qualification, scientific specialization, scientific experience. There are no statistically significant differences between the averages of the estimates of the individuals of the study sample about The achievement motivation in the Palestinian Police in Gaza Strip is attributable to a variable, age group, academic qualification, scientific specialization, scientific experience, and in light of these results the researchers suggested a set of recommendations, the most important of which are: The need to tighten penalties for individuals by the Central Governorate Police Station for violating the instructions issued by the Ministry Interior In light of the outbreak of the Corona epidemic, increased interest in preparing and organizing specialized training courses and programs in the field of dealing with all different segments in order to preserve the lives of people from the Corona epidemic. (shrink)