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Drugs, Clubs and Young People
Sociological and Public Health Perspectives

Edition: 1st

Author: Bill Sanders

ISBN: 0754646998

Publishers: Ashgate

Price £50

Publication Date: July 2006

Publisher's Title Information


In this volume, contributors employ sociological and public health perspectives to offer insights into behaviours common at raves and nightclubs. The volume provides theoretical observations on illicit club drug use and supply, helping to challenge current orthodoxies on the role of drug use within young peoples' lives. Drawing material from the USA, UK and Hong Kong, the volume allows the demystification of stereotypical presentations surrounding young people who attend clubs and/or use club drugs. This work provides a badly needed and objective analysis of youthful drug use, and a foundation from which future sociological and public studies on young people, clubs and drugs - as well as young people themselves - will benefit.

Contents
Young people, clubs and drugs, Bill Sanders; Reluctant reflexivity, implicit insider knowledge and the development of club studies, Fiona Measham and Karenza Moore; New York City club kids: a contextual understanding of club drug use, Dina Perrone; Conceptions of risk in the lives of ecstasy-using youth, Brian C. Kelly; ‘Chem friendly’: the institutional basis of ‘club drug’ use in a sample of urban gay men, Adam Isaiah Green; On Ketamine: in and out of the K hole, Stephen E. Lankenau; Ecstasy use amongst young low-income women, Zhao Helen Wu; The emergence of clubs and drugs in Hong Kong, Karen Joe Laidler, Geoffrey Hunt, Katherine MacKenzie and Kristen Evans; In the Club Redux: ecstasy use and supply in a London nightclub, Bill Sanders; Pub space, rave space and urban space: three different night-time economies, Daniel Silverstone; Bibliography; Indices.

Reviews
'This highly readable book conveys the essence of "club culture" and the role that drugs like Ecstasy, GHB, Ketamine, and others have in participant's lives. The essays richly document how drug users assess the risks and harms versus their enjoyment of such drugs in the dancing context. The similarities in drug use and clubbing in locales as diverse as New York City, Miami, Los Angeles, London, Hong Kong, and other international locations constitutes an additional strength of this book.' Bruce D. Johnson, Institute for Special Populations Research, USA

'This book offers a fascinating view into the lives of raving, clubbing, and club drug using youth from around the world. By combining scientific theories and methodological approaches from both sociology and public health, experts in the field bring a more integrative approach to understanding the rave and club scene, as well as club drug use, a behaviour that is likely fuelling the latest wave of HIV infection among youth. An edited volume of this nature is an important and welcomed contribution to the literature.' Michele D. Kipke, University of Southern California, USA

About the Author/Editor
Bill Sanders, PhD, is an Assistant Professor of Research in the Department of Paediatrics at the University of Southern California, USA. He works within the Community Health Outcomes and Intervention Research Program at the Saban Research Institute and the Division of Research on Children, Youth and Families at Children’s Hospital Los Angeles. He is currently a researcher and analyst on a nationwide project examining health risks related to the injection of ketamine amongst young people and is the Principal Investigator of a study examining negative health outcomes, including HIV risk, related to sexual behaviour, drug use and violence amongst gang-identified youth in Los Angeles.


Police Detectives in History, 1750-1950

Authors: Clive Emsley and Haia Shpayer-Makov

ISBN: 0754639487

Publishers: Ashgate

Price £47.50 HB

Publication Date: July 2006

Publisher’s Title Information


While the history of the uniformed police has prompted considerable research, the historical study of police detectives has been largely neglected; confined for the most part to a chapter or a brief mention in books dealing with the development of the police in general.

The collection redresses this imbalance. Investigating themes central to the history of detection, such as the inchoate distinction between criminals and detectives, the professionalisation of detective work and the establishment of colonial police forces, the book provides a the first detailed examination of detectives as an occupational group, with a distinct occupational culture. Essays discuss the complex relationship between official and private law enforcers and examine the ways in which the FBI in the U.S.A. and the Gestapo in Nazi Germany operated as instruments of state power. The dynamic interaction between the fictional and the real life image of the detective is also explored.

Expanding on themes and approaches introduced in recent academic research of police history, the comparative studies included in this collection provide new insights into the development of both plain-clothes policing and law enforcement in general, illuminating the historical importance of bureaucratic and administrative changes that occurred within the state system.

Contents

Introduction: The police detective and policy history, Clive Emsley and Haia Shpayer-Makov; Early detection: the Bow Street runners in late 18th century London, J.M. Beattie; Tips, traps and tropes: catching thieves in post-revolutionary Paris, Howard G. Brown; From ex-con to expert: the police detective in 19th-century France, Clive Emsley; 'Crime does not pay': thinking again about detectives in the first century of the Metropolitan Police, R.M. Morris; Explaining the rise and success of detective memoirs in Britain, Haia Shpayer-Makov; From sleuths to technicians? Changing images of the detective in Victoria, Dean Wilson and Mark Finnane; Local 'demons' in New Zealand policing c.1900–55, Graeme Dunstall; The image of the Gestapo: as revealed in retrospective surveys and interviews with ordinary Germans, Eric A. Johnson; 'Hard-headed, hard-bitten, hard-hitting and courageous men of innate detective ability...' From criminal investigation to political and security policing at end of Empire, 1945-50, Georgina Sinclair; 'A negative and unwise approach': private detectives, vigilantes and the FBI counterintelligence, 1910-72, John Drabble; Index.

About the Author/Editor

Professor Clive Emsley is from The Open University, UK. Professor Haia Shpayer-Makov is based at the University of Haifa, Israel.


Review

The Editors' introduction to this book opens with an article from the Times (5 October 1870) that reports media representations of the Metropolitan Police's detectives are out-stripping the reality of the work of the then fifteen detectives working from Scotland Yard. The complex police-media relationship is one of the consistent themes that run through this edited collection and the editors note that the detective has become 'almost a cultural institution' (page 2) - a central figure in novels, film and television dramas. Yet, and herein lies the rationale for the book, recent social historical research has focussed on uniformed patrol officers. This volume is an attempt to restore the balance somewhat by examining the 'development of detective policing from the mid-eighteenth to the mid-twentieth centuries' (page 10). Having established the collection's rationale, the editors helpfully define their terms. Noting that detectives come in a variety of public and private forms.  For the purposes of the book, the police detective is 'an agent charged with a particular set of tasks within the police institution' (page 3).

With this definition and a clear rationale, the editors introduce ten chapters contributed by eleven international scholars. These chapters focus on France (two chapters), Germany, the United States, Australia, New Zealand, the British Empire (principally British colonial Africa) and England (three chapters).  Editors of books often face the task of knitting disparate chapters into a persuasive over-arching enterprise. Is this the case for this book and does it succeed as a collection? The answer is yes, it does succeed, well almost. In the main, the chapters complement each other, cross referencing each other where appropriate and sometimes providing contrasting perspectives on similar periods and forces of law and order (for example chapters 2 and 3 on France, and chapters 1, 4 and 5 on England). The level of scholarship is consistently impressive and much fastidiously researched data is presented in engaging and well-argued narratives.  However, although the chapters mostly sustain a very high-quality threshold and work well together, unfortunately Eric Johnson's chapter on the Gestapo stands out. This chapter is too short and lacks the depth and discussion of its companions. The described research concerning how some citizens of Germany retain ambivalent memories of the Gestapo is undoubtedly interesting and significant, but the chapter reads more like a taster for a greater project (a book, duly referenced). An opportunity lost.

The individual chapters straddle a period of two hundred years, six states and one Empire, yet the recurring patterns of establishing legitimate detective agencies are clear. Consistent themes that emerge through the individual chapters include:

Whilst the volume focuses on detectives in history, this reviewer could not help but think of the considerable lessons in this volume for contemporary police policy makers, not least concerning the need for policing agencies to establish and maintain legitimacy and the ever-present reaction of politicians to establish new initiatives to counter anxieties over crime levels.  At a cost of £47.50, this book is perhaps not one for the impulse buyer or the casual reader. However, it will be an invaluable resource for those involved in researching the police and teaching police studies at under and postgraduate level. Highly recommended.

Rob C Mawby, Reader in Criminal Justice, Centre for Criminal Justice Policy and Research, UCE Birmingham. 



The Jury System

The International Library of Essays in Law and Society

Author: Valerie P Hans

ISBN: 0 7546 2504 4

Publishers: Ashgate

Price £140

Publication Date: May 2006

Publisher's Title Information


This volume collects new, high-quality scholarship on the perennially controversial institution of trial by jury. The book provides accounts of the jury's historical development and contemporary use, as well as empirical work on jury selection, jury decision making and jury reform.

Contents
Introduction. The Development Of Trial By Jury: Historical And Contemporary Perspectives: R. Vogler (2001), The international development of the jury: the role of the British Empire; Nancy J. King (1999), The American criminal jury; Stephan Landsman (2002), Appellate courts and civil juries; Stephen C. Thaman (1999), Europe's new jury systems: the cases of Spain and Russia; Richard O. Lempert (2001), Citizen participation in judicial decision making: juries, lay judges and Japan. The Jury Selection Process: Hiroshi Fukurai (1999), The representative jury requirement: jury representativeness and cross sectional participation from the beginning to the end of the jury selection process; Neil Vidmar (2002), Case studies of pre – and midtrial prejudice in criminal and civil litigation; Christina A. Studebaker, Jennifer K. Robbennolt, Maithilee K. Pathak-Sharma and Steven D. Penrod (2000), Assessing pretrial publicity effects: integrating content analytic results. Juror Judgments Of Trial Evidence: Jill E.Huntley and Mark Costanzo (2003), Sexual harassment stories: testing a story-mediated model of juror decision-making in civil litigation; T.M. Honess, M. Levi and E.A. Charman (1998), Juror competence in processing complex information: implications from a simulation of the Maxwell trial; Sanja Kutnjak Ivkvic and Valerie P. Hans (2003), Jurors' evaluations of expert testimony: judging the messenger and the message; Sheila Jasanoff (1998), The eye of everyman: witnessing DNA in the Simpson trial; Benjamin D. Steiner, William J. Bowers and Austin Sarat (1999), Folk knowledge as legal action: death penalty judgments and the tenet of early release in a culture of mistrust and punitiveness. Jury Deliberation Processes: John. Gastil, E.Pierre Deess and Phil Weiser (2002), Civic awakening in the jury room: a test of the connection between jury deliberation and political participation; Michael J. Saks and Mollie Weighner Marti (1997), A meta-analysis of the effects of jury size; Valerie P. Hans, Paula L. Hannaford-Agor, Nicole L. Mott and G.T. Munsterman (2003), The hung jury: The American Jury's insights and contemporary understanding. Jury Research And Jury Reform: Phoebe C. Ellsworth, Alan Reifman (2000), Juror comprehension and public policy: perceived problems and proposed solutions; Shari Seidman Diamond, Neil Vidmar, Mary Rose, Leslie Ellis and Beth Murphy (2003), Inside the jury room: evaluating juror discussions during trial; Edith Greene and Brian Bornstein (2000), Precious little guidance: jury instruction on damage awards; Theodore Eisenberg, Jeffrey J. Rachlinski and Martin T. Wells (2002), Reconciling experimental incoherence with real-world coherence in punitive damages; Index.



Ethical Issues in Policing

Authors: Seumas Miller & John Blackler

ISBN: 0754622444

Binding: Hardback

Number of Pages: 178 pages
Publishers: Ashgate

Price £45

Publication Date: April 2005

Publisher's Title Information


Police Studies constitute an important area of academic inquiry and policing raises a large number of ethical questions, yet to date there has been a paucity of research on the subject. This significant volume provides an integrated mix of ethico-philosophical analysis combined with practitioner knowledge and experience to examine and address the large number of difficult ethical questions involved in modern-day policing.

Key features:

Outlines a distinctive philosophical theory of policing which promotes the human rights dimension of police work.
Analyzes the phenomenon of noble cause corruption and ways to combat it.
Examines the role of restorative justice.
Discusses the related notions of police authority and police discretion.
Assesses the use of coercive and deadly force.
Provides a detailed discussion of recent issues such as privacy and confidentiality in the context of new communication and information technologies, and entrapment.
Philosophical in approach and written in an accessible style, the book will be a valuable guide for all those with an interest or involvement in Police Studies, Criminology, Philosophy and Ethics.

Contents
Introduction; A theory of policing: the enforcement of moral rights; Authority and discretion in policing; The moral justification for police use of deadly force; Privacy, confidentiality and security in policing; Corruption and anti-corruption in policing; Restorative justice in policing; Bibliography; Index.

Reviews
‘The fledgling field of police ethics receives a welcome boost in this contribution by a philosopher-practitioner team who provide insightful discussions of cases within a rights-based account of policing. New and old topics are given fresh treatment, enriching and extending our resources for grappling with policing's critical challenges.’ Professor John Kleinig, John Jay College of Criminal Justice, New York, USA, and Editor of Criminal Justice Ethics

About the Author/Editor
Seumas Miller is Professor of Philosophy at Charles Sturt University and the Australian National University (joint position) and Director of the Centre for Applied Philosophy and Public Ethics (an Australian Research Council funded Special Research Centre).
John Blackler is a Research Fellow at the Centre for Applied Philosophy and Public Ethics (an Australian Research Council funded Special Research Centre) and a former New South Wales Police Officer.



The Police and Social Workers

Edition: 2nd

Author: Terry Thomas
ISBN: 1 85742 157 4

Publishers: Ashgate

Price £22

Publication Date: May 1994

Social workers and police officers are in daily contact with one another in various areas of their work. This book offers a clear guide to that inter-agency work and critically examines how it is carried out in practice.

This second edition of the book has been substantially revised to take account of changes in the law, policy and procedures affecting both police and social workers. In particular the Children Act 1989, the Criminal Justice Act 1991 and the findings of the Royal Commission on Criminal Justice 1993. The opportunity has also been taken to revise parts of the original text to ensure as clear a light as possible is thrown on police-social work collaboration - illustrating both the positive and the negative.
Contents
Introduction; Dimensions of interaction; Mental disorder; Child protection; Criminal violence against women in the home; Young offenders; Community policing and "going local"; The exchange of personal information; Concluding thoughts; Bibliography.

Reviews
'- a textbook which seems well geared to the needs of students and practitioners in both fields…its use in joint training could be valuable.' Journal of Interprofessional Care

Reviews of the first edition:

‘The first edition of The Police and Social Workers provided an invaluable and unique contribution to an area of crucial significance but where little published material was available.’ Nigel Parton, Professor of Child Care Studies, Keele University, UK

'- a well written introduction to the area where law enforcement, social control and welfare meet.' Openmind

'I recommend it as an aid to training young entrants to both services, as well as an addition to the libraries of those who are concerned with these matters.' Community Care

'I found this to be a most interesting and instructive book. Terry Thomas has collected and marshalled his evidence well and presents it in a persuasive manner, but the greatest strength lies in the impartial way he deals with the two organizations and their professional standpoints.' Probation Journal


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Family Violence and Police Response

Learning From Research, Policy and Practice in European Countries

Wilma Smeenk and Marijke Malsch

ISBN: 0 7546 2506 0

Publishers: Ashgate

Price £50 RRP UK

Publication Date: July 2005


Publisher’s Information on the Book

Police response to incidents of intimate partner violence can be critical. This volume investigates the elements in the institutional, legal and organizational context that are relevant for police response to incidents in the realm of the private sphere and whether there exists a relation with the reporting of such incidents by victims.

Addressing this complex question requires insights from research, policy and practice and, as such, any conclusions will have implications for each of these fields. This volume addresses issues that are key elements in the relationship between the (legal) response to family violence and the reporting by victims. These issues concern societal and legal definitions of family violence employed in research, policy making and legal practice; how the legislation of various countries covers violence in the private sphere; the way the police deal with reported incidents of intimate partner violence; and the role that other interventions play in the response to and combat of family violence and intimate partner violence.

Foreword, Betsy Stanko; Introduction, Wilma Smeenk and Marijke Malsch; Challenges of surveying violence against women: development of research methods, Natalia Ollus and Sami Nevala; Critical issues related to the measurement of intimate partner violence: a clustering analysis of psychometric scores, Juanjo Medina-Ariza and Eduardo Fe-Rodriguez; Violence against women in France and issues of ethnicity, Stéphanie Condon; Moving in the same or different directions? Reflections on recent developments in domestic violence legislation in Europe, Liz Kelly; Violence against women in the Swedish context, Peter Lindström; Legal processing of domestic violence cases in the Italian criminal justice system, Anna C. Baldry; Family violence against women in Greece, Sevaste Chatzifotiou; (Un)organized responses to domestic violence: challenges and changes in Switzerland, Corinna Seith; Abuser programmes and violence against women, Russell P. Dobash and Rebecca Emerson Dobash; Legislation on family violence and stalking, Marijke Malsch and Wilma Smeenk; Family violence and police response: learning from research, policy and practice, Wilma Smeenk and Marijke Malsch; Index.

About the Author/Editor
Wilma Smeenk is Senior Researcher at the Netherlands Institute for the Study of Crime and Law Enforcement (NSCR), The Netherlands. She studied sociology at the University of Nijmegen and received her doctor's degree with a dissertation about family formation and partner choice. At the NSCR, she combines a strong interest in theory development and epistemology with quantitative and qualitative research in schools and families. Research topics of interest are: family violence, cross-cultural research, developmental criminology, violence against women, and the inter-generational transmission of violence.

Marijke Malsch studied social sciences and law at the University of Amsterdam, The Netherlands. In 1989, she received her doctor's degree with a dissertation entitled: Lawyers' predictions of judicial decisions: A study on calibration of experts. In 1999, she edited Complex cases: Perspectives on the Netherlands criminal justice system together with Hans Nijboer. She has been a senior researcher at the Netherlands Institute for the Study of Crime and Law Enforcement (NSCR) in Leiden, The Netherlands since 1993. Current research focuses on family violence, stalking legislation, legitimacy of the criminal justice system, experts in the criminal justice system, and the principle of open justice. Since 1997, she has also worked part-time as a judge at the District Court of Haarlem.

Foreword

Since the 1970s, research on the policing of domestic violence has consistently demonstrated the ambiguities of law and police practice around violence.  Writing in the mid 1980s, I attributed this ambiguity largely to the failure of the state - with the police acting as its agents - to understand the nature of gender and its relationship to the state's power relations.  Over these past 15 years, the state in some European countries has grown more sophisticated in its use of law to address some of these ambiguities. Those countries that have responded to feminist campaigns have kept the spotlight on how the police treat the issue of domestic violence as part of fight for equality.  Feminist action, social policy, and research have grown through its global conversations about 'what works' to reduce the harm of intimate violence and facilitated challenges to traditions that served to insulate institutions from making the changes necessary to take positive action against intimate violence.  No country has yet found the perfect solution.

When contemporary international experiences of policing are gathered together, as in this volume, the social, cultural and political nuances found in different jurisdictions enable us to re-visit the lens domestic violence holds on gender, power and intimacy in diverse contexts.  In particular, the difficulties these diversities pose to any state system of justice continue to deliver inconsistent and unequal justice.  The chapters in this volume are the next instalment of the European dialogue about how to better the policing of intimate violence.  We know that only a proportion of violence is reported to the police.  We know our distinct definitions and legal categories of violence affect whether and how such events come to public attention.  We know victims' choices around whether to disclose violence to public officials wraps around social respectability, institutional legacies and local resources.

Yet an international debate persists around how to balance prescribed, legal procedures and the autonomous decisions of front line police. As researchers continue to document inconsistent responses to 'same fact' events, there are some broad consistencies to bettering police responses.  Recent meta analysis of the UK's Home Office Crime Reduction Programme (CRP) Violence against Woman Initiative found that a guilty

plea was twice as likely to be entered when the victim was accompanied by an advocate. Advocacy helped because it enabled victims to engage with a criminal justice process while at the same time dealing with the emotional upheaval of 'managing' and 'exiting' an intimate relationship.  Further, the CRP demonstrated that photographic evidence enhances the likelihood of an arrest and a subsequent conviction as well as increasing the likelihood that victims will not withdraw their support from a criminal case. Problems in taking action against perpetrators (bringing criminal charges and convicting) and in resolving child contact issues were found to create real barriers for women and children in being able to 'move on' in their lives. Intimate violence will always challenge justice.

The use of the police by victims is a key tool in intervention, but has different impact and outcomes.  There is a wide range of criminal law charges under which 'domestic violence' might be noted and brought to police attention.  Exploring the use of the police for events that cause very serious injury might help us 'unpick' what works better. Thinking about seriousness of criminal events, linked to the way women assess their safety, might help us discover the way in which events trigger disruption in the 'life history' of intimate violence.

We continue to be left with a number of unanswered questions in our musings.  How does using the police 'work' holistically for victims in the disruption of domestic violence?  Is there a difference in the kinds of police responses for less serious domestic violence or more serious?  The debate about the police response to intimate violence though shows that no understanding of policing would be complete without knowledge of how police manage the complaints about abuse within intimate relationships.  This volume helps keep this conversation dynamic.

Betsy Stanko

The Metropolitan Police, London


REVIEW

As a forensic psychologist and expert witness for the courts in such areas as family violence and domestic violence, I was particularly interested in reading this book.  The book emphasises the role of the police in involving themselves as quickly as possible in dealing with domestic violence.  It has been well established that many murders and serious injuries occur as a result of domestic violence.  It is essential for victims of such violence to report the initial instances in order for the police and legal services to be able to act for the protection of the victim.

The book reports how domestic violence is dealt with in a number of countries.  It is unfortunate that these countries are limited.  It would have been of great value to have other countries worldwide reporting how they deal with domestic violence.  Violence in France, Sweden, Italy, Greece, and Switzerland are giving considerable emphasis while other countries have not been included.  It is hoped that in the future volumes other countries will also be represented.

The few countries that are included, demonstrate the ambiguity of law and police practice in the case of violence against victims in the domestic setting.  Blame for this can be attributed to the political system of each country and the police merely acting on behalf of the political structure and philosophy.

Feminist action and the desire by females for equality with the male have done much to improve matters for women, but there is still a considerable amount of work to be done, especially in the more underdeveloped countries and where the philosophy and religions militate against equality and non-violence towards women.  At present, justice, when it is delivered is inconsistent and unsympathetic towards victims of domestic violence.  Much violence is still not reported to the police who may or may not act upon such knowledge, when it is reported.

The book emphasises the importance in modern thinking for the victim to report the crime of violence upon themselves, followed by a legal process to obtain justice and protection from future attacks.  In order to effect a prosecution and possibly a conviction against the perpetrator of violence, it is often vital to provide photographic evidence.  The impact on children of domestic violence has often been underreported since frequently they also suffer from the domestic violence, either through observation or suffering it directly from the perpetrator.

The editors emphasise the lack of international studies and comparative cross-national research which currently exists in the area of domestic violence.  There is also an emphasis on the training of police to deal with domestic violence more effectively, an area that has been especially highlighting by British and American studies.  The book stresses that one should view domestic violence, not as a private matter but as a public problem.  The need for legislation to protect victims of violence may well be the first step in involving police to take a more proactive role in preventing further acts of violence and the courts punishing existing perpetrators of domestic violence.  Numerous studies have pointed out that without this the police are likely to consider their involvement as limited.

There is still a lack of definition acceptable by all as to what constitutes family violence.  The editors of the book prefer the term ‘family violence’ rather than the use of the term ‘domestic violence’.  The reason is that it emphasises the family and the relationships within the family. Other countries which have been studied in this volume specifically are Spain and the UK and it is the aim of the editors to seek to provide information of victims’ experiences of a partner’s violence.

Victims in a domestically violent situation suffer from physical abuse and also frequently they suffer from emotional or sexual abuse.  Hence rape within marriage is now considered to be as abusive as any other violent act.  Overall the book emphasises the taking more seriously, of violence which occurs within families.

The final chapter is especially useful in that it provides a summary of the views expressed by a number of authors and considers further research into domestic violence.  One suggestion would be to look at domestic violence in other cultures such as the Muslim or Hindu cultures.  The book is likely to be of value to social services and those studying in the area of forensic psychology.

L F Lowenstein



The New Judiciary - The effects of expansion and activism.

Kate Malleson Feb 1999 Hardback, £45

Foreword by Lord Justice Stephen Sedley

Activism is not a neutral word. In its origin (in Weimar Germany. where Aktivismus was coined to describe the involvement of intellectuals in politics) and in much modem usage, it connotes - politely - the crossing of accepted boundaries or - less politely - some form of politically correct hyperactivity. If the readiness of modem British judges to intervene is rightly described as activism, with the implication that standing by when injustice occurs is a neutral activity, then this book concerns an activist judiciary. The sense in which Kate Malleson explores it, however, is closer to that which as developed in the United States, where judicial activism has been used to denote the deployment of principle and policy to enhance or defeat enacted legislation where no literal application of the constitution is possible. The consequent debate between (among others) activists and originalists is replicated in one shape or another throughout the common law world. It is suffused, however, by a largely unspoken parallel dispute not about inputs or methods but about outcomes. Put crudely it is doubtful whether the originalist arguments which have featured prominently in public debates about new appointments to the Supreme Court would be anything like as strident if the Supreme Court had spent the postwar years deciding that the poor had no right to counsel, that racial segregation in schools was constitutional and that since the Constitution said nothing about abortion, restrictive state laws were permissible.

In the United Kingdom, no such drastic powers are possessed or claimed by the courts. But in the new human rights regime judges will have the obligation to act comformably with the Convention, to ensure that public administration does likewise and to read in Convention rights where legislation permits together with the fallback power to tell Parliament that legislation is in breach of the Convention. To do this they will be called on to gauge interferences with primary rights by criteria which include what is acceptable in a democratic society - a conscious Parliamentary enlargement of the judicial role. Kate Malleson suggests -and I agree - that this is not a revolutionary step but the continuation of a long postwar trend, not confined to this country of growing judicial concern with the just exercise of public power. Although it is repeatedly remarked on as a form of usurpation (in particular by journalists with an agitated editor and a deadline), what is more remarkable is the long sleep which judicial review of government fell into at the time of the First World war (I am not sure that it is rightly backdated to the 1880s) and did not begin to wake from until the 1950s. This seems to me to have been a period - with honourable and less honourable exceptions - of abdication of a major pan of the judicial function. Both periods, the passive and the active, as well as the earlier mid-Victorian period of strong judicial interventionism have a history which has still to be written.

But, as this book goes on to argue, a judiciary which accepts a role that places it increasingly in the mainstream of public controversies has to expect to be surveyed with a critical eye. This does not render acceptable some of the crass and abusive comments which have come from parts of the press in recent years. Nor is the seemingly indelible image of the judge as a dyspeptic old fool particularly useful, even when it carries the imprimatur of Ted Hughes, whose judge:

Clowning, half imbecile,

A Nero of the unalterable...

... squats listening

To his digestion and the solar silence.

Ted Hughes, 'The Judge', from Cave Birds, (Viking, 1978) © Faber and Faber.

But doing a job well, albeit in one's own way, rather than badly is something in which people have a legitimate interest, whether the incumbent is a plumber or judge. And judging is a lonely occupation. Many judges would welcome a reasoned appraisal from time to time of how they are coping - not simply in terms of appellate outcomes but in terms of the experience and satisfaction of court users. The received view that anything of the kind would be an invasion of judicial independence is giving way, I think, to a realisation that the daily round of trial and adjudication - judgery, you could call it - can be sometimes improved. More controversial no doubt, is the training of judges in questions of substantive law; but training does not have to mean dictation or coercion, and many of us think that any increment in our stock of knowledge and ideas is worth having so long as we do not forfeit the thing which makes us judges, our judgment.

Kate Malleson's thoughtful and useful study picks out the changes which are starting to reshape perceptions of the judicial role. These have, as she recognises, to accommodate the principle, fundamental to the rule of law in a democracy, that judges must function independently of the state which appoints and pays them, and which now helps also to train them. There are too many places in the world where judicial autonomy is constrained or disregarded for us to be able to take it indefinitely for granted. But if the symbiotic relationship between the Parliamentary and judicial severeignties continues to function in the 21st century as it has done, with ups and down, since the end of the 17th, the best hope for justice is that an active rather than an activist judiciary (in the American sense) should continue to populate the bench.

Stephen Sedley

Author's Introduction

The English judiciary is not generally regarded as an institution that welcomes radical change. Yet despite its reputation for conservatism, it is currently undergoing a process of transformation in its structure and style which has long-term implications for its future role. The origins of this development are the growth in size of the judiciary and the expansion of its policy-making role. In 1970 there were 288 judges. By 1998, this figure had increased to just under 3,000.

The ranks of the judiciary are Law Lords, Lords Justices, High Court Judges, Circuit Judges, Recorders, Assistant Recorders, District Judges and Deputy District Judges. Charting the expansion of the judges is difficult due to the lack of accurate statistical information. Before 1984, the judicial statistics were not collated in any systematic form. The Lord Chancellor's Department's figures are, by its own admission, rather unreliable before that time. Although the workload of the courts began to grow in the post-war period it was not until the 1970s that the significant expansion in numbers of judges occurred. The creation of the Crown Court in 1971 led to an unexpected increase in the caseload which required a significant expansion in the size of the judiciary and, in particular, the increased use of part-time judges. Speaking in 1973 at an international symposium on the judicial system, Sir Robert Megarry commented on the small size of the English bench in comparison to that of Canada~ He stated that although the effect of the Courts Act would be significant, he did not expect that it would alter the size and make-up of the bench (Megarry, 1973, p.105, See also JUSTICE, 1992, p.6)

As the number of judges has grown, so too has the scope of their powers. The development of judicial review since the 1960s has meant that judges' decisions have come to impact on more areas of public life than ever before. The incorporation of the European Convention on Human Rights in the Human Rights Act 1998 will take this activism a stage further by giving judges the power to determine whether legislation and the policy-making decisions of public bodies conform to the provisions of the Convention. The combined effect of these quantitative and qualitative changes has been to turn judging into a 'growth industry' (Stevens, 1993a, p.12).

This book examines the impact of the expansion in the size and role of the judiciary on the way judges are appointed, trained and scrutinised. It highlights the growing formalisation and professionalisation of those processes and the increasing pressure for greater accountability and openness. In some areas the changes are already substantial, in others they are only just beginning. In 1973, Sir Robert Megarry, a High Court judge, described the main features of the English judiciary in the following way: 'Machinery for discipline? Nil. Training? Nil'. (Quoted in Morton, Law politics and the judicial process p.100.)

It is unlikely that Sir Robert would have predicted (or indeed approved of) the central and expanding role which judicial training now occupies in the judicial system. The disciplinary machinery, in contrast, remains virtually non-existent, but is very unlikely to do so for much longer. Here the pressure for the creation of formal complaints and disciplinary systems is building up, and significant reforms now seem inevitable. Similarly, the traditionally closed and relatively informal appointments system is in the process of being overhauled. The recent introduction of public advertisements, interview panels, appointment criteria and job descriptions would have been almost unthinkable thirty years ago. The proposal for establishing a judicial appointments commission, which now commands widespread support, was no more than a fringe idea in 1970.

An important underlying factor in these developments has been the increase in public attention which the judiciary attracts. Until relatively recently judges were widely considered to be above criticism and were not required to explain or justify the way they worked. Today, they are regularly subjected to media scrutiny and are, in turn, increasingly willing to engage in public debate about the judicial system. As the judiciary loses its fear of publicity, the senior judges are beginning to develop a more professional approach to the media and to appreciate the need actively to promote the public support which once they took for granted.

These developments are not unique to England and Wales. The creation of more formalised, professionalised and accountable processes are evident in many judiciaries around the world. The forces of globalisation which have affected all areas of political and economic life have been particularly striking in the judiciary because of the stark contrast with earlier times. The inward-looking culture which was so characteristict of the old judiciary is gradually being abandoned as judges come to see themselves as members of a global legal community where knowledge and ideas are exchanged across jurisdictional boundaries. The emergence of the new judiciary must therefore be understood as part of a global process of change. The details and timing differ in different countries but the general trends are strikingly similar throughout liberal democracies. The ways in which other judiciaries have adapted in response to these general forces of change provide a pool of experience for the judiciary to draw on. In the past, the judges of other countries, particularly those of the Commonwealth, looked to England and Wales for guidance when shaping their judicial processes. Increasingly, those who once modelled themselves on the English judiciary now provide the models for England and Wales.

Despite the international scope of these developments, they have, to date, attracted relatively little attention outside legal circles. One reason being that the judges' continuing attachment to displays of tradition in matters of ritual and form has had the effect of reinforcing the popular image of the judiciary as being committed to archaic practices. In 1992, Lord Taylor, on his appointment as Lord Chief Justice, proposed that the judges should dispense with their wigs. His suggestion, which attracted considerable media attention, was ultimately defeated by the opposition of other senior members of the judiciary. In November 1997, Lord Irvine, shortly after his appointment as Lord Chancellor, announced that he would be dispensing with his wig and regalia for daily use, though with no plans to require other judges to follow his lead. Thus far, few have shown any enthusiasm for doing so.

Such examples of the strong role of continuity and tradition which underpins the culture of the judiciary have served to obscure the extent of the changes which are occurring. They have also reinforced the image of the judiciary as an exclusively legal institution which lies outside the mainstream political structure. Changes to its size, structure and processes are therefore generally viewed as being of relevance to lawyers but of limited concern to society at large. However, the new role which the Human Rights Act creates for the judges will do much more than the incremental expansion of judicial review to raise public awareness of the increase in judicial power. On the day that the Government published the White Paper on incorporating the European Convention on Human Rights, one newspaper ran the headline: 'Judges given more power'. While it is generally recognised that the Act involves a redistribution of political power, there is surprisingly little comment about the fact that we are about to transfer power to a body about which we know very little other than that its members are demographically unrepresentative.

As awareness of the implications of the increasing policy-making function of the judges grows, the debate on the role and function of the judiciary is very likely to attract the interest of a wider audience. To date, what little debate there has been about the expanding role of judges has generally focused on the broad political and social consequences of incorporating the European Convention on Human Rights. Will the change provide better protection for minority rights? Will it undermine the democratic process? Will the judiciary intrude upon areas which are rightly the remit of the executive or Parliament? Less attention has been paid to the implications of increasing judicial power for the judiciary itself As the power of the judges grows, it will become increasingly obvious that the way in which judges are appointed, trained and scrutinised is of relevance not just to the judiciary but to the wider political process.

The claim that the judiciary is part of the political landscape is not a new one. The myth that judges operated outside politics was finally laid to rest in 1977 with the publication of John Griffith's The Politics of the Judiciary. His central thesis today reads almost as a statement of the obvious: 'Judges are part of the machinery of authority within the State and as such cannot avoid the making of political decisions' (1977, p.190). However, at the time, his arguments were highly controversial and attracted strong criticism from commentators both on and off the bench (see, for example, Devlin, 1978: Lee, 1988). But even his critics would acknowledge that the fact that judges can and do make political decisions has never again been seriously questioned as a result of his work (Drewry, 1992.p 10; Jacob et al., 1996, p. 11).

In one respect Griffith's thesis has grown stronger as judicial activism has increased. In 1978 Lord Devlin, in a review of Griffith's work, argued that it was extravagant to talk of the politics of the judiciary as one of the 'major issues of British politics' (1978, p.510). This criticism was far more persuasive in the 1970s than it is in the 1990s. Very few judges today would argue that the judiciary plays no political role; the point of debate arises over the question of how extensive this aspect of their work is. Despite being a radical and groundbreaking work, Griffith's analysis of judicial politics in fact understated the extent of the politics of the judiciary since it focused on one aspect of that politics; the high-level policy-making of the top judges in the High Court and above in such fields as industrial relations, police powers, immigration, housing and public order. (The number of senior judges had grown from approximately 30 to approximately 140 as the size of the judiciary expanded by the time of the 1997 edition.) Quantitatively, such cases are rare. The senior judges make up less than ten per cent of the judiciary and moreover spend much of their time in decision-making which has little or no policy-making content. But this small policy-making area does not define the limits of judicial politics. Political action is not confined to the work of those institutions traditionally regarded as composing the political machinery, but encompasses all decision-making which involves an authoritative allocation of values.

(This approach has a long pedigree. See, for example, Easton, 1953.)

The strength of this wider perspective on politics is that it emphasises the distinction between politics and partisanship. One reason why judges have been keen to stress the apolitical nature of their work is that political activity has traditionally been associated with the partisan support for the policies of political parties. If politics is broadened beyond this narrow definition, then the political activity of the judges can be distinguished from the party system and understood in more general terms as the exercise of power by those in authority. Although judges still shun the word politics, they are increasingly willing to acknowledge that they exercise power both over individuals and the process of government:

Judges exercise power. They take decisions which affect the lives and interests of people. They make judgments on matters that affect the way in which we are governed (Lord Steyn, 1997, p.84).

In a small number of high level cases, judges reach policy decisions which directly affect society as a whole. More commonly, on a day to day level they authoritatively allocate value, whether that value takes the form of privilege, status, advantage or money (Jacob et al., 1996, p.8). The job of the judges, even at the lowest ranks where they perform a social service function by resolving day to day disputes with no direct influence on public policy, is inherently political in the sense of being the exercise of: 'human influence over inter-personal relations' (Bell, 1985, p. 54).

This wider definition of judicial politics has, to date, had only a limited impact on the analysis of the judiciary. Nevertheless, it represents an important change of approach because if the judiciary is reconceptualised as an inherently political institution then the way in which judges are appointed, trained and scrutinised needs to be rethought. The background of the judges, the mechanisms and criteria used for selecting them, the skills which they need to acquire, the way in which their performance is reviewed and improved - all these issues will influence the exercise of judicial power in its broadest sense. One effect of such a redefinition of judicial politics is to draw the judiciary out of its specialist legal niche. While it continues to be believed that 90 per cent of the time of 90 per cent of judges is spent in non-political activity then the structure and processes of the judiciary as a whole need not be the subject of general public interest. However, if all judges are viewed as engaged in political activity as decision-makers who authoritatively allocate value, then the way in which they are appointed, trained and scrutinised should be a matter of general public interest and the subject of wider debate.

This revision of the judicial function also has an effect on the role of accountability. If judging is per se a political activity, then the public are entitled to demand that the judges are socially and politically accountable. Traditionally the judges have resisted this pressure on the grounds that increasing accountability would undermine judicial independence. As the role of the judiciary has expanded, the freedom from accountability which the judiciary traditionally enjoyed has become increasingly untenable. The pressure for greater accountability' is a recurring force behind many of the changes reviewed in this study and it is this conflict between the requirements of judicial independence and accountability which lies at the heart of the current transformation of the judiciary.



Illegal Drug use in the UK - Introduction

This report details the findings of a two-year study into the effectiveness of the RAPt drug treatment programme which has been operating in a number of male prisons in the south-east of England. Initially, the aim of the research was narrowly defined as being:

To evaluate the effectiveness of the RAPt treatment programme in enabling male prisoners with self-confessed problems of substance misuse to lead a drug and alcohol-free life, both in prison and in the community after their release.

Subsequently, after the fieldwork had been completed, an additional aim was accommodated:

To assess whether the completion of the RAPt drug treatment programme is associated with a reduction in the likelihood of reconviction post-release.

The purpose of this report is to provide a digestible account of the main findings that emerged from this highly focused empirical work.

BACKGROUND TO THE STUDY

The history of this research began five years ago. In 1994/5 the

authors carried out a preliminary evaluation of the ADT (Addictive

Diseases Trust) programme at HMP Downview for the Prison

Department. ADT (as RAPT was formerly known) was the first

therapeutic programme exclusively for drug and alcohol misusers

to operate in a prison in England or Wales. The programme was

innovative and was based on a residential adaptation of the '12 Step

Minnesota Model' that requires total abstinence from drugs and

alcohol for its participants.

The Prison Department commissioned the research to ascertain information in four key areas:

a detailed description of the programme

its accommodation within the prison environment

the effectiveness of the programme in reducing drug and alcohol use in prison; and

guidance for the development of further research to assess the longer term effects of treatment.

At the time of the preliminary evaluation, it was envisaged that a two year outcome study would follow, to examine the performance of the programme in terms of its participants' drug/alcohol use and offending behaviour post-release. However, due to changes in personnel and research priorities in the Prison Department, that follow-up study was never commissioned.

The Chief Executive and Board of Trustees at RAPt understood, nevertheless, that the long-term future of their programme within penal establishments in England and Wales depended on independent evidence of the programme's effectiveness. Accordingly, they invited tenders for a research contract to carry out the original evaluation.




Rounding Up the Usual Suspects? Developments in Contemporary Law Enforcement Intelligence Peter Gill

In North America police forces have been deploying intelligence techniques for most of the 20th century, primarily against political dissent and organized crime, but the attempt to systematize these efforts only dates from the 1960s. In the UK the introduction of "intelligence-led policing" in the 1990s resulted from the failure of police to "control crime," the scandals associated with relying on confessions and the apparent growth of serious and organized crime.

Rounding Up the Usual Suspects? provides a conceptual and empirical map of the local, national and global development of intelligence-led policing. The comparative analysis of law enforcement networks in North America and the UK examines whether new technologies and strategies are transforming policing or have been appropriated by police to reinforce traditional practices. It is argued that the developing framework for the control and accountability of these techniques within the context of human rights in the UK is inadequate and alternatives are considered.

Contents: Governance, information and police; Policing networks; Crime networks; Development of intelligence-led policing in the UK; Law enforcement intelligence in North America; Targeting the intelligence process; Technologies of information gathering; Informants and undercover police; Producing and using intelligence; Rounding-up the usual suspects?; Bibliography; Index.

Peter Gill, Liverpool John Moores University, UK.

2000   306 pages     £42.50   Hardback



Policing the Line

The Development of a theoretical model for the policing of conflict

Norman S. J. Baxter, Royal Ulster Constabulary,UK, May 2000

Focusing on an area which has become one of the most controversial and critical issues facing modem policing, this book provides a comprehensive new conflict management model that has the potential to become the template used by police forces throughout the world. Reviewing the historical context of conflict and examining the legal mandate upon the State to regulate society and protect the rights of the individual, the book offers a detailed analysis of national and international legislation and jurisprudence in respect of the duties and responsibilities placed upon the police when addressing violent conflict.

The model presented is both predictive and descriptive and is constructed through evidence deduced from practical incidents, representative of the most common typologies of conflict. It will be an instructive and essential resource for serving officers involved in conflict management and conflict training, and for academics and researchers in the field of criminal justice and policing.

Contents

Conflict and the police;
The causes of conflict within society;
The role of the police within the constitution of the United Kingdom;
The legal powers of the state;
the legal rights of the individual;
Planning and decision making models:
the policing environment;
Case study 1: the civil rights movement 1966-69;
Case study 2: the miners strike 1984-85;
Case study 3: loyalist parades Drumcree 1995-98;
Analysis of case studies;
A theoretical model for managing conflict;
Bibliography.

LINKS