By: Lorne Walker-Nolan

Few scholars of Australian history need reminding that Colonial Australia began as a British prison. The detrimental effect these origins had, and arguably still have, on Indigenous Australia is unambiguous. The extent to which this brutal background shaped the modern nation merits re-evaluation. In this issue of Coolabah, we aim to extrapolate and explore the links stretching from the First Fleet, and assess how much of a role this past plays in the building of the modern Australian nation.

Coolabah, Nr 29, 2021, ISSN 1988-5946, Observatori: Centre d’Estudis Australians i Transnacionals / Observatory: Australian and Transnational Studies Centre, Universitat de Barcelona

By: Colin Rogers

The introduction of crime prevention through environmental design initiatives such as alley-gating is now widespread across the United Kingdom. For practitioners and policymakers alike, erecting steel gates at entrances to alleys is seen as a major initiative for reducing domestic burglary and tackling a range of anti-social behaviours. In particular, in the current climate of economic austerity, such apparent cost-effective measures may seem more attractive to policymakers and planners alike, as they struggle to maintain public confidence in the criminal justice system and reduce levels of criminality. This article examines one such alley-gate initiative at Cadoxton, Barry, South Wales, based on a series of annual data collections and considers the long-term impact on recorded burglary statistics and local community perceptions of the effectiveness of the gates as well as considering any impact on long-term public support for such interventions.

Crime Prevention and Community Safety (2013) 15, 106 – 126.

doi: 10.1057/cpcs.2012.16

By: SUGIKI Tsunehiko

According to Indian classics in general, punishment (daṇḍa, etc.) is a principal function of a king and it is the reason kingship was created. The same is said in Indian Buddhism, which is typically represented in the narrative on the origin of kingship in the Aggaññasutta1)

There are various forms of punishment, from the light ones, such as verbal reprimand, to the more severe ones, such as capital punishment. The more severe forms of punishment are carried out in the form of killing or wounding criminals. However, in Buddhism, killing or wounding others intentionally is an unwholesome karma or action, which has negative karmic effects on the killer. The Mūgapakkhajātaka says that a king who punished robbers by death, prison, physical torture, and impalement suffers rebirth in hell, even though he ordered the punishment as part of his duties.2)

This paper investigates discourses on royal punishment found in two Pāli texts (Kūṭadantasutta and Milindapañha) and three Mahāyāna texts (Nāgārjunaʼs Ratnāvalī, Satyakaparivarta, and Candrakīrtiʼs Catuḥśatakaṭīkā) and elucidates an aspect of Buddhist views of royal punishment in ancient India.3)

Journal of Indian and Buddhist Studies Vol. 68, No. 3, March 2020

By: Sana Humd, Dr. Haris Umar & Dr. Mohd Wazid Khan

This article is concerned with the penological perspective of capital punishment in India. It critically examines the contentious views of honorable courts, policymakers, commentators, human rights activists, and the Law Commission of India on whether capital punishment should be abolished or retained as earlier or whether there should be some alternative to it as it is practiced in other nations. In so doing, It has analyzed the penal provisions of different enactments provided in favor of Capital Punishment in India, including a critical examination of the lacuna in the enforcement and implementation of the death penalty. This article has referred to the contradictory landmark judgments of the hon'ble Courts of India. This article reviews the suggestions made by the Law Commission of India in its 262nd Reports to determine whether legislators have considered them for future adoption. It has also discussed the theories advocating capital punishment as well as systems of capital punishment in other countries.

By: Cozens, P. M., Neale, R.H., Whitaker, J., Hillier, D. and Graham, M.

The government has recently made £300 million available to help local authorities to modernise their street lighting. In consideration of such future funding, this paper reviews the relationship between lighting and crime, explores the current theoretical explanations and discusses the limitations of the existing BS 5489 lighting standards as they relate to crime reduction.

British street lighting standards rely largely upon official recorded crime statistics as the preferred measure of crime and crucially, fear of crime maps have been shown to differ markedly from the reality suggested by recorded crime statistics (Brantingham et al., 1977; Vrij and Winkel, 1991). The implications of utilizing the current classification of streets according to levels of recorded crime and levels of pedestrian and traffic flows to determine acceptable lighting levels, are presented. In the light of recent research on crime and street lighting, local authorities might usefully critically review lighting levels following the Crime and Disorder Act 1998. Acknowledging the emergence of the 24-hour city the policy implications for improving the crime reduction potential of street lighting is discussed.

By Thaddeus L. Johnson, Natasha N. Johnson, William J. Sabol, Megan A. Hartman and David T. Snively

This study examines the interaction effects of police collective bargaining authorization and police pay on racial differences in police-related fatalities. Using data from Fatal Encounters, the Bureau of Justice Statistics, and other publicly available databases, we applied entropy-weighted regressions to a balanced panel of 282 local police departments from 2000 to 2013 in the United States. We found that collective bargaining authorization is not directly associated with police-caused deaths. However, results indicate that higher median salaries for city police officers directly and meaningfully contribute to fewer people killed by police actions. When considering interactive effects, our findings suggest that police unionization offsets the life-saving benefits of higher relative pay, leading to more Black citizens dying from police intervention as salaries increase in agencies with collective bargaining authorization. Our findings demonstrate authorities should consider the potentially fatal and inequitable consequences for citizens during collective bargaining and salary-setting negotiations.

Police Practice and Research,  An International Journal May 2024.

By Matthew A. Graham, Scarlet Neath, Kim S. Buchanan, Kerry Mulligan, Tracey Lloyd, and Phillip Atiba Solomon

A significant share of the millions of traffic stops made annually are for low-level violations,i such as a single broken taillight or tinted windows, which do not have a clear relationship to traffic safety.ii Officers may pull over drivers for these reasons because they are incentivized to generate a high volume of stops through, for example, performance metrics or grant funding. Officers also use minor violations to conduct what are known as pretextual stops, or an effort to uncover evidence of a serious crime for which they lack reasonable suspicion. Traffic stops have come under increasing scrutiny because of their role in fueling racial disparities in policing and associated harms, including distrust in police,iii financial penalties,iv and police violence. Evidence shows that Black drivers are more likely than White drivers to be pulled over, even though there is no evidence to show that they more frequently commit driving violations. Black drivers are also twice as likely to be searched once stopped–a common feature of a pretextual stop–despite the fact that they are less likely to be found in possession of contraband, such as drugs or weapons.vi This brief aims to shed light on one of the many risks to Black drivers posed by traffic enforcement: police use of force. We draw on data from two sources: CPE’s existing portfolio of work providing agency-specific analyses to local law enforcement agencies

West Hollywood California, Center for Policing Equity, 2024. 9p.

By TIM CAREY, LISA GELLER, SPENCER CANTRELL, KELLY ROSKAM, JOSHUA HORWITZ,

This Model Policy Guide is designed to inform advocates and policymakers about important elements to include in evidence-informed public health policy. The guidance in this report is structured to be applied in any state across the country, regardless of jurisdictional differences. While some of the recommendations contained herein are necessary for the law to function properly, variations in the law are naturally going to occur due to local practice. Readers should ensure that the essential elements are in place and strive to incorporate other promising practices to improve the life-saving potential of this policy. ERPOs Extreme Risk Protection Orders (ERPOs) are civil court orders that temporarily prohibit the possession and purchase of firearms by people adjudicated by a court to pose a danger to themselves and/or others. These laws are currently implemented in 21 states and the District of Columbia and show promise in addressing risks of suicide and mass violence. As further research continues to shed light on the life-saving effects of ERPO laws, this report details essential elements and promising practices to make ERPO laws function the best they can based on the evidence available to us.

Baltimore: Johns Hopkins Bloomberg School of Public Health The Johns Hopkins Center for Gun Violence Solutions , 2024. 33p.

By Bethan Loftus, Martina Feilzer, Benjamin Goold

The ongoing Undercover Policing Inquiry (UCPI) is largely a response to a stream of national media scandals that exposed the illegal and unethical behaviour of undercover police officers in two secretive units. The testimony of those who were the targets of undercover operations has further exposed the human costs stemming from the personalised and highly invasive surveillance undertaken by anonymous state agents. In this article, we reflect upon the existing research on covert policing and identify new areas for conceptual and methodological engagement, with a view to better understanding the harms that these secretive operations can generate. Attending to the inherent and inescapable intimacy of covert policing offers a much-needed opportunity to explore the effects of a unique state practice that can radically alter the lives of individual surveillance subjects, and which tests our conventional understandings of the legitimacy and limits of force, coercion and police power.

The Howard Journal of Crime and Justice, Volume 63, Issue 3, Pages: 245-271 | First Published: 09 August 2024

By Sarah L. Desmarais, Eva McKinsey, Ethan Rex, and Jessica Smith

Executed by the North Carolina Association of Chiefs of Police (NCACP), UNC School of Government Criminal Justice Innovation Lab (the Lab), Policy Research Associates (PRA), and North Carolina State University (NCSU), the Citation Project sought to improve policing practices through implementation and rigorous evaluation of a model Citation in Lieu of Arrest Policy. On December 1, 2020, four North Carolina police departments implemented the project’s model policy: Apex, Elizabeth City, Wilmington, and Winston-Salem. The evaluation of the model policy examined four questions.

Was the model policy implemented consistently according to its guidelines and recommendations? Our findings indicate challenges with implementation that primarily reflected limited patrol officer buy-in. Despite multiple implementation strategies and consistent buy-in from leadership, some patrol officers expressed discontent with the model policy. This response, along with relatively low completion of required documentation in warrantless arrest encounters, limits our ability to evaluate the impact of the model policy.

Did the model policy increase the use of citations in policy-relevant encounters without increasing involvement of individuals in the criminal justice system? Overall, there was no increase in citation rates following implementation of the model policy. In two pilot sites, citation rates decreased after implementation. When evaluating encounters by offense type, we found that citation rates for traffic offenses were over 98% even before implementation of the model policy, signaling a ceiling effect on any potential impact. Only one site had an increase in citation rates for traffic offenses; the others had no change. We found no meaningful increases in citation rates for the other two offense types examined: non-violent and violent misdemeanors. We also found that the number of encounters over time across all sites decreased. Put another way, there was no evidence of increased involvement in the justice system. This decrease in encounters was likely due to external factors such as COVID-19 and social protests, which stakeholders identified as affecting policing practices.

Did the model policy result in the administration of citations in an equitable manner by race/ethnicity? We found that citation rates did not increase for any racial/ethnic subgroup following implementation of the model policy. Instead, the citation rate decreased for Black people in one site and for both Black and White people in another. We also found that differences across races did not change over time. Finally, although the policy was not designed to address racial differences in overall encounters, we examined that issue for context. We found that in three sites, Black people were significantly overrepresented in misdemeanor encounters with the police and White people were significantly underrepresented.

Did the model policy reduce the amount of time that police and equipment are removed from service during an encounter? Officers saved an average of over ninety minutes per encounter when choosing to cite instead of arrest. However, because of low completion of required documentation in warrantless arrest encounters, the data used for this calculation may not be representative of all encounters covered by the model policy.

Several important qualifications and limitations apply to these findings. These include external factors, such as the impact of the COVID-19 pandemic and periods of social unrest, that overlapped with implementation of the model policy; implementation challenges; overall decreases in misdemeanor charging during the study period; and characteristics of the pilot sites, such as attitudes towards citation in lieu of arrest.

We conclude this report with recommendations for new or continuing implementation of citation in lieu of arrest initiatives. These recommendations include:

1. Conduct a needs assessment and use it to develop a targeted policy.

2. Conduct an organizational assessment to determine whether to implement a policy and how to do so.

3. Use implementation lessons learned from this evaluation to supplement organizational assessment results.

4. Continue to assess and address issues of racial/ethnic equity.

University of North Carolina, School of Government, 2023. 38p.

By Hina Kalyal  Swaleha Naqvi, PhD Volunteer Researcher Nadia Asjad

The impetus behind this report was the death of George Floyd at the hands of a police officer in the United States, triggering global protests against police use of force. In response to the public reaction, many police organizations across North America are now reflecting on their treatment of people of color and devising measures to improve the relationship. The London Police Service is one of the first few police organizations in Canada that have voluntarily undertaken a research project on systemic racism to better serve the culturally and ethnically diverse community of London, Ontario. The specific objectives of the project were: To identify whether service gaps/differences exist during police interactions with White versus the Black, Indigenous, and People of Color (BIPOC) community members of London, Ontario. To determine whether any systemic barriers exist within the LPS that might impact the professional growth and development of BIPOC members; and to conduct an Employment Systems Review to determine whether the current policies  Context of the Report The impetus behind this report was the death of George Floyd at the hands of a police officer in the United States, triggering global protests against police use of force. In response to the public reaction, many police organizations across North America are now reflecting on their treatment of people of color and devising measures to improve the relationship. The London Police Service is one of the first few police organizations in Canada that have voluntarily undertaken a research project on systemic racism to better serve the culturally and ethnically diverse community of London, Ontario. Research Objectives The specific objectives of the project were: To identify whether service gaps/differences exist during police interactions with White versus the Black, Indigenous, and People of Color (BIPOC) community members of London, Ontario. To determine whether any systemic barriers exist within the LPS that might impact the professional growth and development of BIPOC members; and To conduct an Employment Systems Review to determine whether the current policies and procedures followed by the LPS are equitable and fair to all members of the LPS. Research Design The project was divided into three phases. In Phase I, public opinion was sought regarding their interactions with the members of the LPS through in-depth interviews with the BIPOC members of the community, followed by an online survey. In Phase II, interviews were conducted with BIPOC members of the LPS regarding their views about the organizational culture. The interviews were followed by an online survey administered to all members of the LPS. In phase III of the project, an Employment Systems Review (ESR) of LPS human resources policies and procedures was conducted to identify any barriers that may be impeding the progress of BIPOC members in their careers within the organization. Phase I Findings The analysis of interviews conducted with the BIPOC community members during the first phase of the project yielded themes that indicated that police officers were generally impolite and dismissive, relied on stereotypes while interacting with the BIPOC community, and occasionally used excessive force. The survey results highlighted similar themes. However, there was a significant difference of opinion between the BIPOC and White community members regarding the officers of the LPS with the BIPOC respondents showing a higher level of dissatisfaction compared to the White respondents. Phase II Findings The analysis of interviews with BIPOC members of the LPS revealed dissatisfaction with certain elements of the organization’s culture such as the bonding between White members which excluded others and the use of culturally inappropriate language. The BIPOC members also believed that they are discriminated against when it comes to career development and growth opportunities. The results of the survey, which included all members of the LPS, were interesting as the White members claimed that they were the ones being discriminated against, to accommodate diverse and women members. The White members (men) claimed that the organization was relaxing the recruitment and promotion criteria to facilitate the BIPOC members and women, at the cost of organizational effectiveness and the quality of service- delivery by the LPS. Phase III Findings The third phase of the project included an Employment Systems Review (ESR) to assess the Human Resource policies and procedures in order to determine whether any of these documents were creating barriers to the growth and development of diverse members within the organization. While the policies and procedures reviewed were consistent with the principles of equity, diversity, and inclusion outlined by the government, some minor observations were made where LPS could improve its process to enhance employee satisfaction. Summary of Recommendations Based on the findings of the three phases, the recommendations are summarized as follows: LPS should focus on developing training programs for all employees focusing on developing cultural competence and cultural humility, and organizational policies and procedures must reflect these efforts. Resources should be allocated towards community outreach programs to improve public-police relationships and enhance mutually beneficial partnerships. The recommendations of the employee interviews, employee surveys, and the ESR mainly focus on enhancing transparency in the recruitment, selection, employee development, and promotional processes within the LPS. We recommend the introduction of a Human Resource Information System (HRIS) which would streamline the aforementioned processes and enhance employee satisfaction, productivity, and retention.    

London: The Project, 2024. 120p.

 By Christopher Lewis and Adaner Usmani

Since 2014, viral images of Black people being killed at the hands of the police—Michael Brown, Eric Garner, Breonna Taylor, and many, many others—have convinced much of the public that the American criminal legal system is broken. In the summer of 2020, nationwide protests against police racism and violence in the wake of George Floyd’s murder were, according to some analysts, the largest social movement in the history of the United States. 2 Activists and academics have demanded defunding the police and reallocating the funds to substitutes or alternatives. 3 And others have called for abolishing the police altogether.4 It has become common knowledge that the police do not solve serious crimes, they focus far too much on petty offenses, and they are far too heavy-handed and brutal in their treatment of Americans—especially, Black people. This is the so-called paradox ofunder-protection and over-policing that has characterized American law enforcement since emancipation.5 The American criminal legal system is unjust and inefficient. But, as we argue in this essay, over-policing is not the problem. In fact, the American criminal legal system is characterized by an exceptional kind of under-policing, and a heavy reliance on long prison sentences, compared to other developed nations. In this country, roughly three people are incarcerated per police officer employed. The rest of the developed world strikes a diametrically opposite balance between these twin arms of the penal state, employing roughly three and a half times more police officers than the number of people they incarcerate. We argue that the United States has it backward. Justice and efficiency demand that we strike a balance between policing and incarceration more like that of the rest of the developed world. We call this the “First World Balance.” Wedefendthis idea in much more detail in a forthcoming book titled What’sWrongwith Mass Incarceration. This essay offers a preliminary sketch of some of the arguments in the book. In the spirit of conversation and debate, in this essay, we err deliberately on the side of comprehensiveness rather than argumentative rigor. One of us is a social scientist, and the other is a philosopher and legal scholar. Our primary goal for this research project, and especially in this essay, is not to convince readers that we are correct—but rather to encourage a more explicit discussion of the empirical and normative bases of some pressing debates about the American criminal legal system. Even if our answers prove unsound, we hope that the combination of empirical social science and analytic moral and political philosophy we might have to look like to be sound. In fact, because much of this essay (and the underlying book project) strikes a pessimistic tone, we would be quite happy to be wrong about much of what we argue here.

American Journal of Law and Equality vol. 2, 2022.

By Benjamin Klosky and Robert Lerman 

Police officers play a vital role in keeping communities safe and enforcing the law. Yet, recent years have witnessed increased retirements, high vacancy rates, and difficulties in recruiting cohorts of new officers. Public distrust of the police and concerns about excessive police violence have exacerbated the recruitment, training, and retention problems of police departments. Officers face extraordinary public scrutiny while remaining vigilant in fighting crime. Still, salaries and fringe benefits for police generally well exceed compensation for other professions that do not require a bachelor’s degree. This policy brief examines the potential for the apprenticeship model to attract a wide group of applicants, to enhance the quantity and quality of training, to improve selection into the full-time force and to do so without increasing department costs. We begin by reviewing the strengths and limitations of the standard recruitment, training, and retention practices that departments use. Next, we describe the police youth apprenticeship model, highlighting several of its key advantages. We then describe how the police department of Fairfax County, Virginia, implements the youth apprentice model to its advantage in recruitment, retention, and quality, and plausibly reduces costs in doing so. We conclude by arguing that police work is a natural fit for on-the-job learning and identify areas for further research into police apprenticeship. 

Washington, DC: The Urban Institute, 2024. 17p.