The focus of this book is the policing of modern society and the risks involved. It explores various issues and factors effecting policing communities, particularly communication and police organization.
We live in an age of increasing doubt about whether our institutions and technologies can provide security against risks, many of which they themselves have created. Uncertain Business is an unprecedented inquiry into insurance industry practices and what they tell us about risks and uncertainties in contemporary society. The core of the book is ethnographic studies in distinct fields of insurance: premature death, disability, earthquake, and terrorism. These studies reveal that uncertainty pervades different fields of insurance, the very industry that is charged with transforming uncertainty into manageable risk. Scientific data on risk are variously absent, inadequate, controversial, contradictory, and ignored. Insurers impose meaning on uncertainty through non-scientific forms of knowledge that are intuitive, emotional, aesthetic, moral, and speculative. Nevertheless, the nature of uncertainty and the response to it varies substantially across the fields studied, showing how contemporary society is characterized by competing risk logics. Insurers' perceptions and decisions about uncertainty - with potential for windfall profits as well as catastrophic losses - create crises in insurance availability and provoke new forms of inequality and exclusion. Hence, while the insurance industry is a central bulwark against uncertainty, insurers also play a key role in fostering it.
In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter of Rights and Freedoms. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. An examination of dozens of subsequent cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the courts have used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Justice Dickson’s vision for section 8 rights have been diminished, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century.
Professor Ericson and his colleagues followed the work of patrol officers in a large Canadian regional police force. From their direct observations comes a wealth of information, quantitatively assembled and qualitatively discussed, with insights into the nature of policing. This book reveals that the police are not mere 'referees' of our legal lives, blowing the whistle on our infractions. They are censors of certain types of possibly wrong actions. They are selective in their invocation of criminal law and use the law artfully to restore settings to orderliness. Ericson emphasizes the routine manner in which the patrol officer intervenes and gains compliance fron the citizenry. He demonstrates that when the criminal process is invoked, the police maintain fundamental control over the court outcome. Using these findings, he addresses basic questions about the role of police in relation to crime and how it is produced, literally, by the patrol officer. Crime is also seen as the primary basis of police legitimacy, which in turn enables the police to engage in broad surveillance and information-gathering. The author's conclusions about the nature of policing and his discussion of the implications of proposals for reform of police, will generate better-informed deliberation in political and public decision-making and in the general study of sociological theory.
From the point of his arrest through to the final disposition of his case, the authors follow the accused as he proceeds through the criminal control system. They draw a picture of one who is dependent upon the orders and decisions of the police, crown attorney, defence lawyer, and judge and not a defendant with significant autonomy. Substudies conducted under a program of the Centre of Criminology provide empirical material on patrol police, detectives, crown attorneys and defence lawyers and are complemented by the authors’ own interviews of accused persons. They produce a unique picture of the person who stands accused: unlike the official agents who are regular and experienced participants in the criminal process, the accused is a ‘one-shot’ player. As a dependant he is subject to the orders and decisions of the official criminal control agents; he fails to exercise what appear externally as his formal rights because the apparent costs exceed the advantages. He complies with police searches, fails to remain silent, fails to call a third party, gives a statement, often does not obtain a lawyer, routinely accepts his lawyer’s advice, rarely demands a trial, often remains silent in court, and very rarely considers an appeal. The ordering which the accused meets out of court is reproduced in the public forum of the court. Through the display of formal legal rationality there and in the belief that matters ‘could have been a lot worse,’ he experiences the ‘majesty, justice, and mercy’ of the criminal process and, in turn, accords legitimacy to the actions taken against him. The authors discuss prospects for changing the criminal process and conclude that the range of reforms that have been advocated, and sometimes implemented, does not lead to an alteration of the accused’s position within the ordering of justice because the system is not truly adversarial. Rather, it serves the interests of the state in ordering the population as well as professional interests of those who man the system.
In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.
Crime in an Insecure World' investigates the alarming trend across Western societies of treating every imaginable source of harm as a crime. The book explains why selected issues of national security, social security, corporate security and domestic security are at the top of the political agenda.
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