Hard Cop, Soft Cop Dilemmas and debates in contemporary policing Edited by WILLAN Roger Hopkins Burke PUBLISHING Hard Cop, Soft Cop Hard Cop, Soft Cop Dilemmas and debates in contemporary policing Edited by Roger Hopkins Burke WILLAN PUBLISHING Published by Willan Publishing Culmcott House Mill Street, Uffculme Cullompton, Devon EX15 3AT, UK Tel: +44(0)1884 840337 Fax: +44(0)1884 840251 e-mail: [email protected] website: www.willanpublishing.co.uk Published simultaneously in the USA and Canada by Willan Publishing c/o ISBS, 920 NE 58th Ave, Suite 300 Portland, Oregon 97213-3786, USA Tel: +001(0)503 287 3093 Fax: +001(0)503 280 8832 website: www.isbs.com © the Editor and Contributors 2004 All rights reserved; no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Publishers or a licence permitting copying in the UK issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court Road, London W1P 9HE. First published 2004 ISBN 1-84392-047-6 (paperback) ISBN 1-84392-048-4 (hardback) British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Project management by Deer Park Productions, Tavistock, Devon Typeset by GCS, Leighton Buzzard, Beds. Printed and bound by T.J. International, Padstow, Cornwall Contents List of contributors vii 1 Introduction: policing contemporary society 1 Roger Hopkins Burke Part 1: Policing Contemporary Communities 2 Zero tolerance in New York City: hard questions for a get-tough policy 23 Andrew Karmen 3 Policing incivilities in Germany 40 Alick Whyte 4 Over-policing and under-policing social exclusion 54 Chris Croivther 5 Policing British Asian communities 69 Colin Webster 6 Discipline and flourish: probation and the new correctionalism 85 Paul Sparrow and David Webb 7 'Softly, softly', private security and the policing of corporate space 101 Mark Button Hard Cop, Soft Cop Part 2: Policing Contemporary Offences 8 Using crackdowns constructively in crime reduction 117 Nick Tilley 9 Tackling the roots of theft: reducing tolerance toward stolen goods markets 135 Mike Sutton 10 Stalking the stalker: a review of policing strategies 149 Lorna White Sansom 11 Policing financial crime: the Financial Services Authority and the myth of the 'duped investor' 163 Basia Spalek 12 Hard coating, soft centre? The role of the police in Dordrecht offender rehabilitation programmes 175 Mandy Shaw Part 3: Democracy, Accountability and Human Rights 13 What's law got to do with it? Some reflections on the police in light of developments in New York City 193 Graham Smith 14 Policing and the Human Rights Act 1998 208 John Wadham and Kavita Modi 15 Human rights v. community rights: the case of the Anti-Social Behaviour Order 226 Roger Hopkins Burke and Ruth Morrill 16 Conclusion: policing contemporary society revisited 242 Roger Hopkins Burke Bibliography 264 Index 297 vi List of contributors Mark Button is Senior Lecturer at the Institute of Criminal Justice Studies at the University of Portsmouth. He is author of Private Policing (Willan Publishing, 2002). Chris Crowther is Principal Lecturer in Criminology and Community Justice at Sheffield Hallam University. His research interests include policing and criminal justice policy-making. He is author of Policing Urban Poverty (Palgrave, 2000). Roger Hopkins Burke is Senior Lecturer in Criminology at Nottingham Trent University. He is author of Zero Tolerance Policing (Perpetuity Press, 1998) and An Introduction to Criminological Theory (Willan Publishing, 2001). Andrew Karmen earned a PhD in sociology from Columbia University in 1977 and since the following year has been a member of the Sociology Department at John Jay College of Criminal Justice, City University, New York City. He author of Crime Victims: An Introduction To Victimology (Wadsworth, 2004), now in its fifth edition, and New York Murder Mystery: The True Story Behind the Crime Crash of the 1990s (New York University Press, 2000). Kavita Modi completed her masters in Human Rights Law at University College London in 2002. In 2002-3, she worked at Liberty, the human rights and civil liberties organisation, as a researcher. She currently works in the Human Rights Department at Leigh, Day & Co. Solicitors. vii Hard Cop, Soft Cop Ruth Morrill completed her postgraduate studies in criminological research at Cambridge University in 2003. She now works for the London Probation Service delivery accredited treatment programmes (to offenders). Mandy Shaw is Senior Lecturer at the Nottingham Trent University. Her doctoral research was completed at the University of Manchester on the relative effect of gender and repeat victimisation of fear of crime. She has been a researcher in the Applied Criminology Group at the University of Huddersfield, where she was involved in the evaluation of the Home Office's Burglary Reduction Programme. Some areas of recent research include domestic violence, burglary reduction and the impact of crime on victims. Graham Smith is Senior Lecturer in Criminology at the Nottingham Trent University. He has published widely in the area of policing and the law, in particular police accountability and the police complaints process. Basia Spalek is a Lecturer in Criminology within the Institute of Applied Social Studies at Birmingham University. Her research interests include victimisation, white-collar crime and religious identity, having recently edited Islam, Crime and Criminal Justice (Willan Publishing, 2003). Paul Sparrow is Head of the Division of Criminology at the Nottingham Trent University. He was previously a probation officer and has published widely in the area of the probation service. Mike Sutton is Reader in Criminology at Nottingham Trent University, Director of the Nottingham Centre for Study and Reduction of Hate Crimes, Prejudice and Bias, and is General Editor of the Internet journal of Criminology. Mike conducted research into stolen goods markets while working as Senior Research Officer in the Home Office and went on to design and develop the Market Reduction Approach to illicit markets. Mike is currently actively involved in researching and publishing in the fields of general crime reduction, hi-tech crimes and hate crimes. Nick Tilley is Director of the Policy Oriented Social Sciences research group at Nottingham Trent University, where he is Professor of Sociology. He is also a visiting professor in the Jill Dando Institute of viii List of contributors Crime Science at University College London. He has published very widely in the areas of crime prevention, policing and social science methodology. John Wadham is currently Deputy Director of the Independent Police Complaints Commission. He was previously Director of Liberty, the UK's human rights and civil liberties organisation, for eight years. He has acted for a large numbers of applicants in cases before the Commission and Court of Human Rights. He is the co-editor of Your Rights: The Liberty Guide, the civil liberties section of the Penguin Guide to the Laiu and the case law reports for the European Human Rights Law Review, and is co-author of Blackstone's Guide to the Human Rights Act 1998 and Blackstone's Guide to the Freedom of Information Act 2000. He is also editor of the Blackstone's Human Rights Series. David Webb is Senior Dean and Dean of the Faculty of Economics and Social Sciences at Nottingham Trent University. He has previously worked at the School of Social Work at Leicester University, as a school teacher and as an adviser for the validating body for social work education and training. He has published in the fields of sociology of social work, social work theory, juvenile justice, mentally disordered offenders, the sociology of health and illness and penology. Colin Webster is Senior Lecturer in Criminology at the University of Teesside. He has published in the areas of youth crime, victimisation, racial harassment, the construction of British 'Asian' criminality, and violence and disorder in Northern England. Lorna White Sansom is Lecturer in Criminology at Nottingham Trent University. She is currently completing her PhD on 'stalking'. Alick Whyte spent nearly thirty years as a provost officer in the Royal Air Force. He was the security officer for the Supreme Headquarters Allied Powers Europe (SHAPE) in Belgium and retired in 1993 as a wing commander to take up a Civil Service appointment as a police adviser to the British Forces in Germany. He has had extensive contact with police forces throughout the world including the Middle East, Singapore, the USA and Europe. In 2002 he finally retired, returning to Newark in Nottinghamshire where he lives with his family.