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Taking care of business : police detectives, drug law enforcement and proactive investigation PDF

321 Pages·2016·2.067 MB·English
by  BaconMatthew
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i TAKING CARE OF BUSINESS ii CLARENDON STUDIES IN CRIMINOLOGY Published under the auspices of the Institute of Criminology, University of Cambridge; the Mannheim Centre, London School of Economics; and the Centre for Criminology, University of Oxford. General Editors: Jill Peay and Tim Newburn (London School of Economics) Editors: Loraine Gelsthorpe, Alison Liebling, Kyle Treiber, and Per- Olof Wikström (University of Cambridge) Coretta Phillips and Robert Reiner (London School of Economics) Mary Bosworth, Carolyn Hoyle, Ian Loader, and Lucia Zedner (University of Oxford) RECENT TITLES IN THIS SERIES: The Politics of Police Detention in Japan: Consensus of Convenience Croydon Dangerous Politics: Risk, Political Vulnerability, and Penal Policy Annison Urban Legends: Gang Identity in the Post-I ndustrial City Fraser Punish and Expel: Border Control, Nationalism, and the New Purpose of the Prison Kaufman Speaking Truths to Power: Policy Ethnography and Police Reform in Bosnia and Herzegovina Blaustein iii Taking Care of Business Police Detectives, Drug Law Enforcement and Proactive Investigation MATTHEW BACON 1 iv 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Matthew Bacon 2016 The moral rights of the author have been asserted First Edition published in 2016 Impression: 1 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, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2016936544 ISBN 978– 0– 19– 968738– 1 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. v General Editors’ Introduction Clarendon Studies in Criminology aims to provide a forum for outstanding empirical and theoretical work in all aspects of crimi- nology and criminal justice, broadly understood. The Editors welcome submissions from established scholars, as well as excel- lent PhD work. The Series was inaugurated in 1994, with Roger Hood as its first General Editor, following discussions between Oxford University Press and three criminology centres. It is edited under the auspices of these three centres: the Cambridge Institute of Criminology, the Mannheim Centre for Criminology at the London School of Economics, and the Centre for Criminology at the University of Oxford. Each supplies members of the Editorial Board and, in turn, the Series Editor or Editors. Matthew Bacon’s book, Taking Care of Business:  Police Detectives, Drug Law Enforcement and Proactive Investigation, is an accomplished account of the professional and moral worlds of police officers working within contemporary drugs policing. The title itself offers a subtle acknowledgement of Dick Hobbs’ classic work, Doing the Business, and it is pleasing to be able to report that this, too, is a detailed ethnographic study of the working lives of police detectives. Much of the academic work on policing of the most lasting value has been based on ethnography. Sadly, and no doubt reflecting some of the less positive trends in the academy in recent decades, this breed of work has become increasingly rare— to the point where one fears imminent extinction. Taking Care of Business is therefore a welcome sight in a number of ways. The book begins by noting an important paradox. Detectives and criminal investigators are the stuff of an almost immeasur- able quantity of fictional portraits. Crime fiction, be it books, TV or film, more often than not translates into detective work of one form or another. Yet ironically, academic interest in this field has been occasional and often fleeting, particularly in recent times. The nature of detective work is also characterised by something of a paradox. On the one hand, it is regularly depicted as a craft, learned on the job, and often involving underhand techniques and a culture of deceit. On the other hand, from a different perspective it vi vi General Editors’ Introduction is also viewed as highly professional, involving quite sophisticated technological and scientific methods. Under such circumstances ethnography, with its promise of getting ‘beyond the formal rules of the game’, offers much. Bacon’s study focuses on two specialist detective units assigned with investigating drugs offences, in two Basic Command Units, one in the South of England and one in the North. In the main the detectives employed in such squads are experts in drug law enforcement. The nature of their working lives enables them to devote the bulk of their energies to ‘utilising the art, craft and science of criminal investigation to monitor drug markets and make cases against suspected drug dealers’. If ethnographic fieldwork with the police presents many challenges, then drugs policing undoubtedly adds to them. Predictably perhaps, officers were wary of their new, young charge and his motives, and Bacon’s account of the slow breaking down of barriers is hugely informative. Key in the pro- cess of getting officers to talk appears to have been ‘ditching the Dictaphone’. Whilst the study of any area of policing offers insights into the moral perspectives of officers, this is perhaps especially so of the policing of drugs. The potential futility of attempting to police something so obviously beyond the control of the constabulary also throws into sharp relief officers’ attitudes toward their role and the nature and impact of police work in this area. Bacon’s study shows that officers’ attitudes toward drugs were predict- ably complex. On the one hand, and in some ways only super- ficially, most took the straightforward view that illicit drug use was self- evidently wrong and harmful and needed to be stopped wherever possible. Supply was always viewed as more serious than use, though ‘social supply’ was significantly less serious than those who were in it for profit. Yet many officers clearly had experience of drugs themselves, either personally, or via members of their families and, in practice, had a much more nuanced sense of where intervention was felt necessary. Reflecting on the fact that they would be unlikely to take action against a relative or friend, the popular sentiment appears to have been “you can’t be a bobby all the time’. Thus, although they tended otherwise to take a fairly straightforward prohibitionist view of illicit drugs, they accepted that many were the source of less harm than alcohol. Indeed, the brief references to officers’ attitudes toward, and use of, alcohol in this study point to an area ripe for further research. vii General Editors’ Introduction vii The policing of drugs, as with much investigative activity, has changed considerably in the last decade or two. A more problem- oriented approach to policing has been promoted— under various guises— and the impact of both the National Intelligence Model (NIM) and restrictions imposed by the Regulation of Investigatory Powers Act 2000 (RIPA) are discussed in some detail. As is so common in police practice, Bacon illustrates how the best inten- tions of reformers are regularly mitigated by the interpretative actions and day- to- day practices of officers engaged in the inves- tigation and enforcement of drug- related offences. In one of the fieldwork areas, for example, the approach to intelligence- led po- licing is described by the officers themselves as ‘NIM- lite’, indi- cating a willingness to engage in at least superficial compliance, whilst continuing to engage in elements of traditional practice. Similarly, the detectives in Bacon’s study had developed a range of informal practices to circumvent the regulatory controls imposed on the use and handling of informers imposed by the much hated RIPA (known to some as ‘the grim- RIPA’). The belief in the primacy of learning and practising the craft of po- licing also underpinned the occasionally disparaging attitudes that Bacon reveals some officers held toward intelligence analysis. Viewed sceptically as being ‘academic’, ‘all about performance management’ and ‘pointless descriptions of what we already know’, officers were especially resistant to the idea that civilian analysts might contribute toward discussions of tactical solutions in particular cases. As one officer is reported to have said, ‘It’s like a spectator giving advice to a professional athlete’. At heart, drugs policing comes to look like so much else in the police world. Fundamentally, as is all policing, drugs policing is about the maintenance of order. Bacon talks of regulating the drugs trade via an unwritten ‘code of practice’, using a suite of en- forcement interventions, graded and utilised to reflect the particular local diagnoses of the problem, with an eye to both symbolic (drugs raids to send a message) and practical impact. Dr Bacon’s study of drugs policing is a significant empirical con- tribution to the field of police studies, and represents a pleasing return, centre- stage, of detailed ethnographic work in this area. We hope it will stimulate further, similar endeavours, and are pleased to welcome it to the Clarendon Studies in Criminology series. Tim Newburn and Jill Peay 17 February 2016 viii Preface If you write a novel, spend weeks and then months catching it word by word, you owe it to both the book and to your- self to lean back (or take a long walk) when you’ve finished and ask yourself why you bothered – why you spent all that time, why it seemed so important. In other words, what’s it all about, Alfie? Stephen King (2000, p238), On Writing Deliberately altering states of consciousness is part of the human condition and an almost universal phenomenon. Indeed, it is not an exaggeration to claim that every second of every day, men and women around the world are using a cosmic array of drugs and getting ‘high’ for various reasons. Drugs can be a source of pleas- ure, have cultural value, and symbolic power. They are big busi- ness and the profits can be considerable. But so can the costs. It is widely acknowledged that certain drugs and drug markets cause enormous harm and need to be controlled. At the same time, it is increasingly apparent that current drug policies are comparably harmful in their ineffectiveness and excesses. Drugs, drug deal- ing, and efforts to control them are vast and fascinating topics of great consequence that pose strenuous intellectual puzzles and bring to the fore the complexity of defining and solving social problems. As Kleiman et al. (2011: xxi) make clear, the issue of drugs ‘touches on poverty, disease, race, crime, and terrorism, not always in obvious or expected ways, and thinking about drugs, and rules about using them, forces us to consider what it means to be fully human, and what it means to be free’. Few policy areas are underpinned by more myths and misconceptions or generate more heated debates. This book aims to advance understanding of local drug law en- forcement and investigative practice by offering an ethnography of specialist detective units assigned to the task of investigating drug offences and gathering evidence to support the prosecution of the persons who perpetrate them. The lack of contemporary research on detectives and drug investigations was compelling enough as a ix Preface ix reason for doing the legwork and the writing. There were knowl- edge gaps to fill and crucial questions about policing and drug con- trol policy that needed answering. Academic justifications aside, however, this study stemmed equally, if not more so, from personal curiosity. Long before entering the hallowed halls of higher educa- tion, I was struggling to make sense of the rhetoric of prohibition, wondering where my own experiences fit into the bigger picture, and wanting to find out if media representations of cops and crimi- nals were anything like reality. Based on extensive fieldwork under- taken in two English police service areas, Taking Care of Business provides an in- depth analysis of the everyday realities of the ‘war on drugs’ and the associated working rules, tacit understandings, and underlying assumptions that operate beneath the presentational canopy of police organizations. It also critically examines the most pertinent legislative initiatives, organizational reforms, and shifts in thinking about the values, objectives, and norms of policing that have occurred over recent decades, which, between them, have con- tributed to some significant changes in the ways that detectives are trained and investigations are controlled and carried out. The book begins in Chapter 1 with a review of the existing lit- erature on drug detectives. They are the protagonists of this story. It analyses the nature of detective work, from the origins of the police detective through to the current context of criminal investi- gation, and begins to consider key issues associated with changing the ways in which investigations are conceived, conducted, and controlled. It also explains why police organizations set up spe- cialist squads to deal with certain forms of criminality and high- lights the special features of drug law enforcement. The aim of Chapter 2 is to establish the parameters of policing in the drugs field and build a theoretical foundation for explaining the policing of drugs and new directions in drug control policy and practice. By critically analysing the construction of specific drug problems over time, it uncovers the logic behind some of the most pertinent gov- ernmental responses and questions whether they serve the needs of society or the interests of powerful groups. Chapter 3 reviews the literature on the illegal drug business in order to explore this subterranean world of work and play and paint a picture of what the police who deal with drugs are up against. Moving on to the empirical components of the book, Chapter 4 answers standard methodological questions and elucidates the busi- ness involved in undertaking this particular research endeavour. It

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