ebook img

Preventive Justice and the Power of Policy Transfer PDF

270 Pages·2015·3.179 MB·English
Save to my drive
Quick download
Download
Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.

Preview Preventive Justice and the Power of Policy Transfer

Preventive Justice and the Power of Policy Transfer This page intentionally left blank Preventive Justice and the Power of Policy Transfer James Thomas Ogg © James Thomas Ogg 2015 Softcover reprint of the hardcover 1st edition 2015 978-1-137-49501-3 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2015 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-69745-8 ISBN 978-1-137-49502-0 (eBook) DOI 10.1007/978-1-137-49502-0 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. For my parents, Sue and Alan This page intentionally left blank Contents List of Figures x List of Statutes xi List of Cases xiii Acknowledgements xiv List of Abbreviations xv 1 Introduction 1 Part I 7 2 ‘Serious’ Shifts in Organised Crime Control 9 2.1 History of responses to organised crime in the UK 11 2.2 The Serious Crime Prevention Order 13 2.3 Organised crime, serious crime, serious organised crime, or any crime? 15 2.3.1 Any crime? 19 2.4 Reactionary and regulatory responses to organised crime 23 2.5 Pre hoc approaches 25 3 A State of Prevention 29 3.1 The preventive state, pre-emptive turn, and preventive justice 30 3.2 Conceptualising the interventions of a preventive state 34 3.2.1 Preventive detention and the imprisonment for public protection order 37 3.3 Historical role of prevention 39 3.4 Preventive ideology and blurred notions of criminal justice 44 3.4.1 Prevention and civil law: A marriage of convenience 44 3.4.2 Retribution in a state of prevention 48 viii Contents 3.5 The preventive state: Encompassing new conceptions of criminal justice 54 3.5.1 Prevention and security 55 3.5.2 Prevention and risk 59 3.5.3 Prevention and regulation 64 4 Policy Transfer and Everyday Policy-Making 67 4.1 The criminologist as policy analyst 68 4.2 The legislative process 72 4.2.1 The gestation period: Early formulation of policy 73 4.2.2 Drafting and handling 77 4.2.3 Policy actors and a policy community 78 4.3 Developing a policy transfer framework 82 4.3.1 Policy transfer 83 4.3.2 Policy diffusion and ‘policy isomorphism’ 87 4.3.3 Policy convergence 89 4.3.4 Lesson-drawing 90 4.3.5 Domestic policy transfer? 93 4.3.6 Rational policy-making cycles and the search for alternatives 94 Part II 99 5 Process-Tracing: Case Study and Method 101 5.1 Case selection: Why the SCPO? 101 5.2 The case study and process-tracing approach 103 5.3 Two methods of data collection 106 5.3.1 Documentary analysis 106 5.3.2 Elite interviewing 112 6 The Proliferation of the Preventive Order Model 127 6.1 A civil order for organised crime control: The international context 128 6.2 Ordering the prevention of crime: The domestic context 130 6.3 Subtle precedents: Broadening the statutory provisions of the preventive order model 133 6.3.1 Alcohol-related violence 134 6.3.2 Football-related violence 135 6.3.3 Anti-social behaviour and harassment 136 6.3.4 Sexual offences and molestation 137 6.3.5 Serious crimes (financial crime, organised crime, and terrorism) 139 Contents ix 6.4 Key trends: Broadening the scope of preventive orders 142 6.4.1 Trend 1: Criminal to civil procedure 142 6.4.2 Trend 2: Consummate to remote harms 143 6.4.3 Trend 3: Specific to general protective purpose 145 6.4.4 Three final trends: Companies, duration, and penalty 145 6.4.5 Narrowing trends? 147 7 Policy Analysis: Elite Interviews and Early Policy Documents 151 7.1 Policy development timeline: The SCPO 152 7.2 The preventive order model and transfer 162 7.2.1 Recognition of the family of preventive orders and the prominence of the ASBO 162 7.2.2 Indirect transfer: Iteration, osmosis, and employee transfer 167 7.2.3 Direct transfer of ideas 173 7.2.4 Direct transfer by the bill-team and home office officials 177 7.2.5 Direct legal transfer 180 7.3 Intentions of decision-makers: The preventive order model 183 7.3.1 Reforming criminal justice 185 8 The Power of Policy Transfer 197 8.1 Specific responses to research questions 205 8.2 Implications and key contributions 206 8.3 Concluding statement 209 Appendices 211 Appendix ‘A’: Summary of the ways SCPOs have been used 211 Appendix ‘B’: Parliamentary process 214 Appendix ‘C’: Example of interview transcript with indicative questions 215 Notes 219 References 231 Index 241

See more

The list of books you might like

Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.