Showing papers in "European Journal on Criminal Policy and Research in 1999"

The Private Security Industry in International Perspective

Abstract: The purpose of this article is to describe, from an international perspective, the state of the art of the private security industry. Typical in any discussion of the industry is the lack, or non-existence, of reliable facts and figures. At the same time, there is a strong demand for this kind of information. This discourse aims to fill this gap by comparing the size of the sector, the turnover, and regulation between European and non-European countries. This article will deal with five major points. First a short description of the private security industry in the Netherlands is given. Secondly, international comparisons are presented to assess the size of the industry with reference to the 15 EU-countries, and 12 non-EU countries. With regard to the latter category, some information on recent developments will be presented. Thirdly, a comparison of the order of magnitude and ranking of manpower between the security industry and the police within and outside the EU is described. Also, some remarks and data on the quality of the industry and police effectiveness will be dealt with. Fourthly, a brief overview is presented on the regulation of the private security industry in the EU. Fifthly, this article rounds off with general conclusions and some perspectives on the future.

Reflections of the Evolving Concept of 'Private Policing'

Abstract: Once popular ‘state-centred’ political frameworks, while declining in popularity on many normative agendas, nevertheless continue to guide how we think about and examine ‘policing’. Early studies into the ‘private policing’ phenomenon have thereby focused upon the formal paid private security sector, a set of agencies which do not depart too radically in appearance from traditional public police services. More recent empirical studies have yielded data inconsistent with the established conceptual frameworks. Theorists have been assembling these data into alternate ways of thinking about ‘collective life’, which may have profound implications for the ways in which to choose to govern in the future. Further research addressing developments in ‘networked nodal governance’ may be suggestive of progressive alternatives.

Preventing Crime and Violence Through Communities that Care

Abstract: The author, among others, has developed a system that empowers communities to organise themselves to engage in outcome focused prevention planning. This system for prevention planning using the tools of prevention science is Communities That Care (CTC). In a collaborative US project 22 reliable and valid archival indicators of 12 major risk factors that predict rates of adolescent drug use at the county level were found. This collaborative project has also developed a validated school survey that measures risk, protection, delinquency and drug use outcomes reliably across states and ethnic groups. It allows a diagnosis of risk and protection levels in any geographical area, from a state to a neighbourhood. With these tools, communities can organise themselves to engage in outcome focused prevention planning, objectively assess their own profiles of risk and protection, and choose and implement effective strategies to address their unique strengths and needs. In Europe CTC has been currently introduced in England and Wales, Scotland and in the Netherlands.

Wages of Sin? The Link Between Offending, Lifestyle and Violent Victimisation

Abstract: In this study the authors examine whether there is a link between offending and violent victimisation. They explore the extent to which this link can be explained by differences in people's lifestyle. In keeping with recent criminological developments, they seek to explain differences in the risk of violent victimisation throughout peoples life course. For this purpose, data has been analysed on the past 25 years in the lives of 1,939 respondents, who constituted a representative sample of the Dutch population in 1996. The data was taken from the Netherlands Survey of Criminality and Law Enforcement. For each year of their life, data were recorded on the respondents' marital, fertility, residential, educational and employment history. What is more, for each year in this period, data are available on their violent victimisation and their offending. The data was analysed with multi-level models. The results show that people who engage in violent crimes and vandalism are at greater risk of being victims than people who do not and that this relationship can only be partially explained by lifestyle.

Urban Change and Policing: Mass Private Property Re-considered

Abstract: This article examines a key explanation for the growth of private policing in North America and Western Europe - the influential ‘mass private property’ thesis (Shearing and Stenning 1981). The discussion of private policing in Western Europe still tends to be heavily influenced by theories developed in the North American context, theories which may be problematic in the contrasting legal, social and economic contexts of Western European nations. The development of more ‘Eurocentric’ theories has to date been inhibited by the relative paucity of empirical data on the rise of private policing in European countries. Recent research in Britain (Jones and Newburn 1998b) has begun to address this problem, and to map out some important contrasts with the North American experience. By considering these contrasts, it is possible to identify some key areas for future research on private policing in European countries and thus provide a more contextually-grounded series of explanations for what is happening to policing.

Private Policing in Context

Abstract: This article considers the development, growth and significance of private policing in a wider context. Section one suggests that the rebirth of private policing is associated with - and, in effect, demands - a change in the conceptual framework with which policing is analysed. While section one addresses the conceptual context of private policing, section two examines its theoretical context by considering various explanations for the post-war growth of commercial security. Moving from specific to general accounts, it is suggested that two explanations - one based upon sociological accounts of the development of modern societies, the other on genealogical accounts of developing ‘mentalities’ - provide a crucial context for understanding contemporary changes in policing and governance. In the next section, two of these changes - the growing influence of risk-based policing and the increasing significance of diverse patterns of governance - are considered in the context of the fragmented forms of security provision (commercial, municipal, civil and state policing) which are prevalent today. A short concluding section offers some ‘final thoughts’ on how these arguments impact on the governance of policing. One of the implications contained in this article is that the re-emergence of private policing needs to be considered not only as a problem, but also as an opportunity to identify and address critical questions of contemporary governance.

Questioning Appeals to Community within Crime Prevention and Control

Abstract: This article casts a critical eye over some of the (often ignored) assumptions which underlie recent appeals to community in crime prevention and control. The article considers the philosophical origins, ambiguities and tensions within such appeals. In so doing, it draws explicitly upon the growth of ‘community safety’ and to a lesser extent ‘restorative justice’ in Britain and considers some of the implications to which this shift may give rise. In particular, it focuses upon the manner in which appeals to community converge and collide with changing social relations which may undermine their progressive potential. Specific attention is given to the implications of: increasing social and spatial dislocation; the commodification of security; and policy debates about a growing ‘underclass’. It is argued that there is much confusion as to how, and to what extent, communities can contribute to the construction of social order. Within the dynamics of community safety and crime control practices there are dangers that ‘security differentials’ may become increasingly significant characteristics of wealth and status with implications for social exclusion. This questions the extent to which crime is an appropriate vehicle around which to (re)construct open and tolerant communities.

Juvenile Crime Trends in Postwar Europe

Abstract: In the literature, two models - routine activity and social control - are most often used in attempts to account for a continuous upward trend in the number of juvenile offenders during the post-war period. In Sweden, contrary to what we might expect given these models, the number of juvenile offenders has been stable, and may even have decreased, over the last 25 years. This article will present an analysis of juvenile crime trends in West European countries during the post-war period (1950-1995). A sensible way to begin a comparative study is to take advantage of the analyses already carried out by researchers in the relevant countries. Besides the official crime statistics this study also uses alternative statistics, that is, self-report studies and victim surveys. An obvious advantage with these surveys is that they are independent of the relevant country's judicial system and official statistics. The availability of data played an important part in the choice of countries to be included. In addition, contacts were established with researchers and research centres in most countries covered by the study.

An Evaluation of the Use of Videotaped Evidence for Juvenile Witnesses in Criminal Courts in England and Wales

Abstract: For the first time, the UK Criminal Justice Act (1991) allowed the videotaped evidence of a child to be substituted for the child's evidence-in-chief in a criminal court. The present study is an evaluation of that legislation. One hundred and fifty children were observed testifying in a criminal court in the UK. The use of the videotaped evidence and subsequent cross-examination of the child witness (usually via the closed circuit television system) was also observed. The data base from the Lord Chancellor's Department of all trials involving child witnesses in England and Wales was also analysed. The results showed that the introduction of the video technology into the criminal courts reduced the levels of stress of child witnesses but did not increase the conviction rates.

Private Security: Enforcing Corporate Security Policy Using Private Investigators

Abstract: This article focuses on the use of private investigators as external agents, commissioned to enforce internal corporate security policy. After describing the sorts of services private investigators provide to industry and commerce and the legal contexts within which they operate, it considers private investigators as a form of secret police within private justice systems defined by companies. It considers the relationship between notions of public good and commercial expediency and raises important questions about the problem of controlling activities which are purposefully kept from legal scrutiny.

Local Crime prevention and its National Support: Organisation and Direction

Abstract: This article is a short summary of some of the key elements in a 1996 report to the Swedish Ministry of Justice. The study was commissioned to the authors as a part of the Government's work of creating a National Crime Prevention Programme for Sweden. The analysis underlined the importance of co-ordinating the crime-prevention efforts of the legal system and other actors. The level and structure of criminality is subject to considerable local variations. What is, and what is perceived as, problematical behaviour differs considerably from region to region, city to city, and areas within a city. It is thus important that crime-prevention work be based on a description of the problem profile prevailing locally. The complex of problems faced in big cities, for example, is very different from the complex of problems existing in a small provincial town, and the strategies guiding the adoption of appropriate measures in these two places will therefore also be different. Similarly, the difficulties encountered when implementing measures will also differ from place to place. The final aim of a national crime prevention programme is that there should be locally developed crime-prevention programmes (with a national support structure) encompassing: early social prevention, later-stage social prevention, early situational prevention, general situational prevention, and programmes for chronic criminals.

Violent Crime in the Urban Community: A Comparison of Stockholm and Basel

Abstract: In this article the authors present some preliminary findings from a comparative study of police recorded violent crimes in Stockholm and Basel. They present the first results from a comparative analysis of the situational context, the ecology of crime, and of offender residences in these cities. There is impressive evidence of basic similarities in the situational context of violent crime and the residential distribution of violent offenders. Yet there are also significant differences, some of which may have interesting implications for crime prevention. Firstly, violent crime seems to be more highly concentrated during weekend nights in Stockholm than in Basel. Secondly, they find evidence that the presence of weapons in a community increases the risk of more serious outcomes of violent events. Efforts to reduce the availability of weapons may thus have significant effects on the outcomes of violence, but not necessarily on its frequency. Thirdly, they show that offenders in both cities are highly concentrated in socially disorganised communities with few economic and social resources.

Juvenile courts after 100 years: past and present orientations

Abstract: Juvenile institutions were developed in the nineteenth century. In the United States, they prompted an extension of the parens patriae doctrine, which provided a basis for the creation of the juvenile court a century ago. The protective orientation of the court was intended both for juvenile delinquents and children in danger. Important changes have occurred since the 1960s. Procedural guarantees for delinquents and de-institutionalisation of children in danger have created a clear distinction between the two groups. Diversion has introduced an alternative to the court process. Policies aimed at young offenders have moved gradually in the direction of the adult criminal court model. The article presents an overview of this evolution, essentially for North America.

The Double Paradox of Juvenile Justice

Abstract: This article considers the history of a century of juvenile justice. Illinois 'invented' the separate 'children's court' in 1899 and this concept was spearheaded in Northern America, Great Britain and continental Europe in the first decades of the new century. However, a century after its foundation the future of the juvenile court is in doubt everywhere in the Western world. Some conclude that there is a cyclical pattern in juvenile justice policies. That proposition is rejected in this article. The proposition of a cyclical pattern also presupposes that there is no real problem at stake in treating juvenile offenders. The main point of this article, however, is that juvenile justice cannot escape trying to solve a very complicated foundational issue. This issue is a double paradox, that is, juvenile justice has to solve two philosophical questions: the justification of punishment and the justification of punishment for non-adults. This diagnosis presents a new conceptual framework for an analysis of the history of juvenile justice.

Settling Disputes between Neighbours in the Lifeworld: An Evaluation of Experiments with Community Mediation in the Netherlands

Abstract: Many neighbourhoods in the Netherlands have reached the stage of colliding subcultures, and interpersonal conflict. The young live next to the old, the rich next to the poor, single people next to families, the white next to the brown and the black, the established next to the outsiders. In some places, this social-cultural abundance leads to fear, uncertainty, and irritation. Not everybody is as understanding and tolerant of diverse lifestyles and thinking patterns as another person is. In places, this diversity leads to new behaviour patterns and institutions. Multi-ethnic community boards are starting to function as mediatory panels for settling disputes between neighbours and neighbourhood residents. In this article we claim that community mediation - a form of alternative dispute resolution designed to resolve interpersonal conflict in the neighbourhood - is both an attempt to rejuvenate the idea of community and a new way to settle differences and interpersonal conflicts between neighbours in the Netherlands. One might even argue that the neighbourhood is a level too high for social intervention and that instead one should focus on a lower level in the lifeworld: the house, the block, or at most, the street.

Crime is a Social Problem

Abstract: This article seeks to place the study of crime and criminals in the social policy context. Criminal careers research is critically evaluated and modern social trends are outlined as a background to an exploration of the interaction between criminological research findings and social policies for youth in trouble. A contrast is drawn between individualised explanations of criminal behaviour and approaches which seek to place crime in its situational and social context.

The Changing Role of the Youth Court Judge

Abstract: The last century has witnessed the creation of a number of strategies regarding youth justice and the young offender. With each change in policy has come a redefinition of the role of the youth court judge. This article discusses the traditional role of the judge, the unique role of the youth court judge, and how history has and is likely to continue to define and influence this role.

Viewing the Crime Wave from the Inside: Perceived Rates of Extortion among Restauraeurs in Germany

Abstract: The rarer and more serious a type of crime is, the more the public depends on mediated experiences, either via acquaintances or via the mass media. Prior criminological research has also made the point that although the media over-represent and dramatise certain crimes (e.g. by establishing and referring to so-called ‘crime waves’) the public perception shows some resistance to these influences and maintains a certain kind of resilience and validity of its own. The mass media discourse in 1990s Germany on extortion of restaurateurs (e.g. via protection rackets) is embedded in the wider interpretation frame of organised crime and is dominated by the assumption that for restaurateurs of foreign origin, especially in big cities, the confrontation is omnipresent. The following article presents the results of a survey of restaurateurs (n = 7,900, Winter 1995/96). In discussing the representativeness and validity of the reported direct, vicarious and perceived victimisation, it is suggested that the aggregate of the perceived victimisation is the most valid measure. However, the perception of the Lebenswelt-experts is far from the media's claim of a ubiquitous threat.

Community penalties in the United States

Abstract: The author discusses some background matters concerning the US criminal justice systems that may provide useful context for non-US readers, and summarises the main general conclusions about the operation of community penalties from two decades' research. He also briefly summarises research concerning each of the major penalties that have been attempted. Why American jurisdictions have been comparatively unsuccessful at use of community penalties as alternatives to incarceration and whether that lack of receptivity can be changed is discussed in the conclusion.

Prison Population Inflation, Overcrowding and Recidivism the Situation in France

Abstract: Before looking at the latest research into the recidivism of long-term prisoners which was carried out in France, a general overview is presented as well as an analysis of the change to the French prison population over the last 20 years; a study of the prison population inflation, based on the triptych: stock, flow, duration, as well as the evolution of penal and socio-demographic structures To study the problem of prison overcrowding, the authors applied a statistical method called concentration analysis, first introduced into prison demography by Pierre Tournier in the work of the Council for Penological Co-operation (Council of Europe)

HALT: early prevention and repression; recent developments and research

Abstract: In this article an account is given of the Halt working method in the Netherlands, which is used by 63 Halt Bureaus and is directed at combating and preventing juvenile delinquency. This working method has been successful. Recent developments and experiments directed at further extending the effects of the Halt approach and executing an even earlier reaction to criminal behaviour are considered, and the results of recent research are discussed. Finally, the pros and cons of this method of early reaction are revealed, the conclusion being that the advantages and positive effects are great, and any possible disadvantages can be further offset.

Juvenile Delinquency in Central European Cities: A Comparison of Registration and Processing Structures in the 1990s

Abstract: The authors trace and compare the developments in recorded juvenile delinquency in Hamburg, Prague, Cracow and Budapest from 1991-1997 and then analyse the processing and selection procedures of the various justice systems. They devote special attention to ethnic minorities within this filtering process. The most salient feature is that the crime rates and processing structures in the former socialist countries display considerable similarities. It would almost be possible to speak of a specific type of criminal justice system with a typical form of reaction. While in the West, the large number of suspects is considerably reduced during later stages of selection to a much smaller number (those actually sentenced and/or imprisoned), what the authors call a ‘funnel’ model, in the East a smaller number of suspected offenders enters this selection process, but tends to remain within it and be sentenced - the ‘cylinder’ model. These procedural structures have changed little in the 1990s, and there has certainly not been any increasing alignment of the Eastern systems with the Western one. Indeed, the difference has, if anything, become greater. These lower crime statistics as compared with the West - represented here by Hamburg - are, however, not only the result of equally large discrepancies between the ‘real’ crime rates, but in this regard the pro-active crime prevention measures of the police, which in Hamburg have caused the inclusion of an increased number of juveniles and foreigners in the crime statistics since 1995, have also had a great effect. The research project thus clearly demonstrates the importance of interpreting crime statistics neither as a true representation nor as a distorted reflection of the activities of a criminal justice system. Instead, these statistics should be seen as reflecting specific processing procedures and methods of crime control.

Juvenile Justice and the 'Shift to the Left'

Abstract: The notion of 'shift' is used as a symbol for procedure in criminal cases, understood as a sequence of legal interferences by the police, the prosecution and by proceedings in court. If this sequence is symbolised by a horizontal line, the procedural stages move from left to right. But the distribution of competences has recently lost its prior balance, due to 'modern' crime and society: The functions of the judge appear reduced, whereas the range of action of the prosecution has widened; also the police has gained more influence. On the symbolic line of procedural stages this all makes for a 'shift to the left'. This paper deals with the question as to whether juvenile justice is undergoing the same changes. The first answer is 'yes', based on the enlarged diversionary competence of prosecutors and the police. From a different perspective, however, juvenile offending is a 'natural' phenomenon connected with young age, which a priori places juvenile justice on a 'left' position of the imagined line. A plea is made for this juvenile justice to stick to its inherent concern for young offenders individually and not to sacrifice this to collective interests in public order and safety.

From Centre Stage to Spear Carrier: The Repositioning of the English Juvenile Court

Abstract: The approach of the new millennium poses significant challenges for the way in which the youth justice system in general, and the juvenile (now youth) court in particular, develops in the future. The past one hundred years of the juvenile court in England and Wales have seen its role both flow and ebb. It currently faces further significant repositioning. The author distinguishes four themes which have influenced the marginalisation of the juvenile court: bifurcation, diversion, manageralism and legislation of the court.