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Crimcast is a virtual resource devoted to critical conversations about criminology and criminal justice issues. Our blogposts, twitter feeds, podcasts and other content provide an overview of trends, research, commentary and events of interest to criminal justice practitioners, academics and the general public. CrimCast is sponsored by The Center for Crime and Popular Culture, St. Francis College, Brooklyn, NY.

Filtering by Tag: police

Notable Criminal Justice Docs at Tribeca Film Festival

Nickie Phillips

When the most powerful lobbyist in Florida discovers that the nanny has sexually abused his daughter, he harnesses his extraordinary political power to pass the toughest sex offender laws in the nation. UNTOUCHABLE chronicles his crusade, and its impact on the lives of several of the 800,000 people forced to live under the kinds of laws he has championed.
— Untouchablefilm.com
 
In 2012, California amended its ‘Three Strikes’ law—one of the harshest criminal sentencing policies in the country. The passage of Prop. 36 marked the first time in U.S. history that citizens voted to shorten sentences of those currently incarcerated. Within days, the reintegration of thousands of ‘lifers’ was underway. The Return examines this unprecedented reform through the eyes of those on the front lines—prisoners suddenly freed, families turned upside down, reentry providers helping navigate complex transitions, and attorneys and judges wrestling with an untested law.
— The Return Project
Do Not Resist is an urgent and powerful exploration of the rapid militarization of the police in the United States. Opening on startling on-the-scene footage in Ferguson, Missouri, the film then broadens its scope to present scenes from across the country—a conference presentation where the value of high-end weapons technologies is presented to potential police buyers, a community that has just received its very own military-grade tank, and a SWAT team arriving at a home to execute a warrant. The cumulative effect of these vignettes paints a startling picture of the direction our local law enforcement is headed.
— Do Not Resist, Deborah Rudolph
Solitary investigates an invisible part of the American justice system: the use of isolation and segregation in US prisons, commonly known as solitary confinement.
— Tribeca Film Institute

Exclusive clip of Solitary at Deadline.

The Expansionary Nature of Governance Through Fear: Is it Worth it?

Nickie Phillips

NTAS

Part 5 of 5 in a series on Risk-Logic and the War on TerrorAditi Gupta, Guest Blogger

Over the last four weekly posts (Part 1, Part 2, Part 3, Part, 4), this blog series has been exploring the profoundly social impact that risk-based security policy has on our everyday lives. In using Selchow’s framework, I’m not trying to say that we have no agency in this process, and that we are helpless to stop it – quite the contrary. I feel only individual choice will reverse the trajectory of securitization, suspicion and fear that currently dictates how we view the risk of terrorism. By zooming in on the dynamics of depoliticization, responsibilization, and the separation of political decision-making from actuality, I have tried to break down the main pillars of what risk-logic does when it is the main force driving the governance of threats. I believe if we can understand objectively the forces at play within the networks of power that we engage in, we can decide for ourselves whether viewing the problem of terrorism only in terms of the risk of an attack and not the reasons behind one is benefiting our lives. Is this what we want for our future?

This question feeds in to the last dynamic of risk that is engendered by the dispositif of precautionary risk (DPR) mode of governance: expansion. As Selchow explains, the logic of risk implies an imperative to act. It is this dynamic that spurs the expansion of security; the UK government thus cannot not act. As we can see in the U.K., this dynamic inevitably feeds a process of ever-expanding securitization whereby increasing areas are deemed to harbor security threats. In the UK this can be seen in a variety of ways, stemming from the four rationalities driving the DPR. For example, this can be seen in the shift of the debate around tackling terrorism from addressing violence to extremism, from the physical to the imagined. This shift is one that has essentially ensured the securitization of potential thoughts.

It is no longer necessary for someone to physically carry out an act, suspicion of intent is enough to necessitate punishment. This perpetuates a discourse of ‘misunderstanding’ (as outlined last week) that produces normalized ways of engaging with this perceived risk. In other words, due to the perpetuation of the innate ‘bad’ label given to the archetypal religious Muslim, society is more likely to accept further curtailments on ‘their’ rights. As these risk-based decisions are not ‘tamed’ by an accompanying actuality or any hard evidence beyond the perception of ‘riskiness’, this form of thinking will always produce a sense that there are further uncertainties to be tamed. This can be seen in the steady expansion of who is deemed ‘risky’ since 9/11. From 2001-2005, external, foreign elements were seen to be the primary threat, resulting in the rapid securitization of the immigration system to target asylum seekers and immigrants (Amnesty, 2010). After 7/7, however, threats were expanded to include the panoptic surveillance of British citizens to target ‘home-grown’ enemies. Since then, the yearning for ever greater knowledge has spurred the extension of surveillance to health clinics, schools and universities where doctors and teachers are expected to inform on those under their care. (Liberty, 2007).

Mahdi Hashi

The pre-emptive nature of policies deployed by the DPR means that information is always, and always will be, incomplete. However, the desire to project the appearance of control has led to policies based on the expansion of ever-more vague offenses such as the offenses of ‘glorification of terrorism’ and ‘indirect encouragement’, and non-prosecution constraining measures, such as the Terrorism Prevention Investigation Measures (TPIMs [Annex 3]), in order to trap those who are suspected, but do not meet the evidentiary threshold required to be charged. Indeed, the acute suspicion of foreign nationals suspected of ‘extremist’ thoughts but not guilty of carrying out any criminal act, has very recently led to an expansion of executive power to enable the stripping of any naturalized citizen’s British citizenship. In recent years, this citizenship stripping has enabled governments to stick to the dogma of zero-risk and assassinate terror suspects through targeted drone strikes: if the suspect no longer exists, there’s no need to deal with the problematic prosecution of a crime that hasn’t been committed yet.

How this dynamic effects resistance: power dynamics

Consistent with the other dynamics, this process also precipitates at both the micro and macro levels. At the macro-level, Liberty articulates, ‘politicians feel like they need to be seen to be doing something in response to the terrorist threat, regardless of whether it wise…counter-productive…whether it’s entirely unnecessary’. Amnesty International United Kingdom (AIUK) has commented on the difficulty of fighting expansion of policy due to the combination of future temporality, secret evidence and use of vague offenses. In a 2012 Amnesty International report, resistance to this is seen as ‘shadow-boxing’ where ‘you have no idea if your strategy and points are on the money or wide of the mark’. AIUK has documented how the ‘seepage’ of the use of secret evidence in the U.K. has managed to dampen the successes gained in chipping away the system of pre-charge detention down to TPIMs, becoming an ever-more permanent feature of the civil sanctioning system with the institutionalization of the Justice and Security Act.

Reprieve and CagePrisoners demonstrate the importance of micro-resistance in direct ways with the public. CagePrisoners urge those affected by the expansion of risk-based policy to come directly to them to seek justice together, as well as share individual every-day experiences of these policies on a specially created website ‘www.schedule7stories.com’. They explain that this was done so that Muslims themselves could understand that these policies were not just based on racism, but part of a much bigger problem of governance, thus recognizing the importance of engaging with the macro-level debate.

SoapBNPS_450x350

Reprieve has aimed to expose the sheer expansion of War on Terror policy such as the rendition network through the invasion of public space. For example, through teaming up with cosmetics company, LUSH, and lingerie designer, Agent Provocateur, images of Binyam Mohammad and Sami al Haj appeared in LUSH High Street windows, bath bombs and even on the runway through underwear that stated ‘fair trial, my arse’ (Reprieve, 2008). The use of humor in conjunction with this micro-level contact had a powerful impact that made the name ‘Binyam Mohammad’ shorthand for U.K. complicity in rendition and torture.

The importance of humanizing the nature of risk-based policies at the micro-level and not just applying political pressure at the state and transnational level is caught up in the significance CagePrisoners gives to the role of ‘misunderstanding’. If individual assumptions are not targeted – whether they be about misunderstanding the driver of policy or misunderstanding the indefinability of terrorism – people will carry on being normalized into thinking that to gain security, you have to keep on giving up freedoms.

Conclusion: How the case of HRO resistance in the UK pulls together the threads of risk and power

By analyzing the role of human rights organization (HRO) resistance to the technologies deployed by the DPR mode of governance in what Foucault calls ‘the battle for truth’, it is thus possible to see how risk dynamics are ultimately intertwined with power. Focusing on this site of resistance can see how Selchow’s four dynamics are central to the constant negotiation of the dynamics of power that circulate the ‘regime of truth’ regarding the governance of the UK through the DPR.

Secondly, the example of the work of CagePrisoners and their encouragement of the micro-resistance of the Muslim ‘suspect community’ to supplement the macro-resistance carried out at state-level by HROs crucially reveals that it is not enough to simply focus on macro-, policy-level resistance whether globally, or against the state. This is due to what CagePrisoners deems ‘misunderstanding’ at both the micro- and macro-levels. The creation of the Muslim ‘terrorist’ is a central technology deployed by the DPR through the four rationalities that drive it. In essence, the case of the UK suggests that the perpetuation of a discourse of ‘misunderstanding’ produces normalized ways of engaging with discourses that present the Muslim identity as ‘risky’. In other words, due to the perpetuation of the innate ‘bad’ label given to the perceived ‘archetypal religious Muslim’, it is likely that society will submit to the dynamic of expansion that indicates further curtailments on ‘their’ rights. If it doesn’t affect me - it’s not my problem, right?

By looking at the combined social and political effects of risk dynamics and their ripple effect on relations of power, it can be seen that simply focusing on resistance to top-down frameworks that govern political power such as parliamentary mechanisms and lobbying, is no longer enough. The Foucauldian ‘battle for truth’ is not about absolute truths that are accepted, but about rules by which these truths are constructed and engaged with by society. The importance of going beyond legal frameworks and working at the level of everyday interaction is highlighted by the examples of CagePrisoners and Reprieve in their parallel activities that aim to affect micro-relations. Interestingly, both of these organizations emerged fully-fledged post-9/11, born out of the need to resist the rationalities and technologies deployed by the DPR.

In saying this, this blog series is not saying that state-level resistance is not important. As shown, different HROs take different roles regarding resistance within the DPR system of governance. Organizations like Liberty and Amnesty cannot fulfill the same role as an organization like CagePrisoners as they are not part of the ‘suspect community’. By the same token, Reprieve equally cannot function the same way as CagePrisoners. However, when viewing successful negotiation of power within the DPR such as the joint HRO campaigns on pre-charge detention and UK complicity in torture, it is clear that there needs to be this division of labor. This enables HROs to target the multiple dimensions of the dynamics engendered by the DPR: global, legal, political, social; micro- and macro-.

This series has attempted to highlight the shifting and fluid nature of the circulations of power underlying risk-governance. Risk-logic can’t be reduced to a technical tool used to govern terrorism. The dynamics that this sets in motion have fundamentally altered society-state relations in a profoundly social way. Risk-based security policy has resulted in a wholesale cultural shift that rests on fear and suspicion and doesn’t ask why the problem of terrorism exists. Instead, it simply tries to pre-empt it from occurring through an expansionary process that is slowly destroying freedom of speech, movement and privacy. Ultimately, the question we should be asking ourselves when we ignore this practice is: ‘is this worth it?’

Aditi Gupta

Aditi Gupta graduated with an MSc in Global Politics (Civil Society) from the London School of Economics and Political Science in Autumn 2013.  She has previously worked at Soul Rebel Films and Reprieve and has co-authored reports based on depth interviews conducted for the Indian development NGO, CHIRAG. Aditi has volunteered for refugee and homeless organizations in the UK and is developing a career in the human rights field. This is the last post in her five-part series on Crimcast which began in early January, 2014.

When Security Decision-Making Becomes Estranged from Actuality

Nickie Phillips

NTAS

Part 2 of 5 in a series on Risk-Logic and the War on Terror

Aditi Gupta, Guest Blogger

In my previous post, I outlined the four dynamics set in motion when we think of security threats through the prism of risk-logic. This post will zoom in on the first dynamic, ‘decoupling political decision-making from actuality’ and show how this frame of thinking has a profoundly social effect on our everyday lives and the way we recognize and engage with the threat of terrorism.

You may be thinking at this point – what does this have to do with me? It’s the government’s prerogative to protect us, and they call the shots – not me. In order to illustrate how the infiltration of risk-logic in security practices not only affects us, but changes the way we conduct our lives, I am going to demonstrate how power relations at the ground level as well as the governmental level are affected. I will do this by looking at the work of United Kingdom-based human rights organizations who try to combat the curtailment of freedoms post-9/11, as they engage with the general public as well as governmental authorities. This will be based on interviews with Amnesty International UK (AIUK), Reprieve, CagePrisoners, and Liberty.

The utility of viewing risk-based governance in terms of power relations:

foucault18

It’s useful to view the impact of risk-logic in security practices through the lens of Foucault’s governmentality thesis, whereby power is seen as a circulatory phenomenon rather than something that is ‘held’ by any one entity (Foucault 1990: 91). In other words, power relations are as important at a governmental (macro) level, as they are at the grassroots (micro) level. Foucault defines modes, or assemblages of governance as a ‘dispositif’ of governance. This consists of rationalities (ways, or frames for thinking about policy) and technologies (tools, practices and policies that are used in governing) of governance that encompass the efforts of those in power to account for ‘the authority of their authority’ (Aradau and Van Munster, 2007:15).

This governmental attempt to justify their right to power is done through discourses of knowledge which are in turn facilitated through everyday social practices enacted by ordinary people. Through this Foucauldian framework it is possible to see the role of human rights organizations’ resistance to risk-based counter-terror policy in what Foucault calls ‘the battle for truth’. This is not a battle for an absolute truth, but ultimately about the rules that dictate how true and false are separated (Rabinow 1984:74). It is through this lens that we can see how Selchow’s four dynamics are central to the constant negotiation of the dynamics of power that circulate the Foucauldian ‘regime of truth’ that makes up governance.

Burchell (1991:144) suggests that modern politics is characterized by an oscillation between a ‘suspicious fear’ of state intervention in our lives, and a ‘demand that the government will respect our rights whilst taking responsibility… for sheltering us from insecurities and dangers’. It is in this space that the social impact of risk-logic can be clearly seen, between those who suspect the government of over-reaching their power and those who believe it is protecting them, thus participating in risk-based security practices.

It is in this space that we can locate and examine the resistance carried out by UK human rights organizations to counter-terror policies, thus illustrating the very real impact that risk-based security policy has on our everyday lives.

Zooming in on the first dynamic: the decoupling of political decision-making from actuality

The Foucauldian dispositif of government (or mode of governance) we are seeing post-9/11 is one that Aradau and Van Munster describe as the ‘dispositif of precautionary risk’ (DPR), as opposed to previous forms of risk-governance. While previous dispositifs of risk centred on identifying, preventing and containing existing threats, this new DPR instead seeks to pre-empt risks through active engagement of the population, thus setting in motion Selchow’s four dynamics.

Selchow’s first dynamic, ‘the decoupling of political decision-making from actuality’ - that is engendered by the DPR - thus echoes this new dispositif post-9/11. This can be seen clearly in the U.K. through the Police National Legal database’s (PNLD 2009:85) assertion that ‘given the current level of threat from international terrorism’, there is a need to apprehend those suspected of terrorism ‘prior to gathering sufficient evidence to secure a conviction’.

The DPR is driven by four inter-linked rationalities that fundamentally change the relationship between state and society by allowing new technologies to be deployed and justified as part of the fight against terror: the notion that any level of risk is unacceptable (i.e. zero risk), constant worst-case-scenario-thinking, the belief of serious and irreversible damage posed by terrorism, and the shifting of the burden of proof from state to society as a whole (Aradau and Van Munster, 2008). In this way, the ideal of total security has replaced the desire for peace, driving a politics that assumes the terrorist ‘other’ unquestionably responsible for irreparable damage.

From 2000-2006, five new terrorism acts were introduced which encompassed the expansion of powers that constituted ‘alternative non-prosecution actions to protect the public’ (PNLD 2009:85) such as 28 day pre-charge detention, stop and search powers, indefinite detention of ‘suspected international terrorists’, control orders and new offenses such as ‘glorification of terrorism’.  From 2007, counter-terrorism powers were effectively normalized. New offices, official national security strategies, and laws such as the Counter-Terror Act 2008 and the introduction of TPIMs ensured that exceptional measures were institutionalized. The expansion of counter-terror powers from temporary emergency legislation to permanent fixtures that institutionalize the decoupling of decision-making from the grounds of actuality in ‘daily security practice’ clearly illustrates how the DPR has set in motion the decoupling of action from actuality in the U.K.

Pre-emptive domestic security practices can be seen to be justified by an emotive narrative of national security that is extremely hard to counter-act. This is epitomized in the militarization of domestic policing in the U.K. which led to the shooting of Charles De Menezes as part of the new ‘shoot to kill’ policy operationalized after the 7/7 attacks in London. Similarly, 250 police officers stormed a house in Forest Gate in search of chemical weapons, shooting one man and detaining two for eight days – both men were later released without charge (Mythen and Walklate 2008:235).

Charles De Menzes: Mistaken for a suicide bomber and shot by police (Photo credit: BBC News)

These pre-emptive domestic practices are echoed in the violent complicity of the U.K. in the global intelligence network driving the pre-emptory abduction, rendition and torture of terror suspects; once one assumes a projective ‘what if?’ position, presumption of innocence metamorphoses into a presumption of guilt. The engendering of the decoupling of action from actuality is made undoubtedly clear by the recalibration of justice to allow for the pre-emptive measures to be issued purely on suspicion of future conduct; it is no longer necessary to carry out terrorist activity, suspicion of intent is enough. This dynamic thus echoes the DPR rationality of shifting the burden of proof: As Bonner (2007:34) outlines, post-9/11, suspects are effectively presumed guilty until proved otherwise. This is clear by Iain Blair’s assertions that whilst IRA terrorists were presumed innocent until proved guilty, the ‘unparalleled’ (in Bonner 2007:7) threat of today’s terrorist is seen as too dangerous to allow that privilege.

The DPR thus illuminates both the top-down discursive construction of the terrorist threat, and the efforts of the state to (re)establish a mandate for control; worst-case scenario-thinking drives more extreme measures that loop back and reinforce an expansive culture of fear, garnering support for pre-emptory practices that are based merely on suspicion of intent rather than any actual event. For example, the government reaction to the Forest Gate shooting reinforced the rationalities of the DPR: "You can only imagine if they fail to take action and something terrible happened what outcry would be then, so they are in an impossible situation" (BBC, 2006). The rationalities of zero-risk, the risk of catastrophic damage and worst-case-scenario-thinking drive a scare-mongering narrative that ultimately legitimizes the rationality of shifting the burden of proof from the state to the individual.

The difficulty to counter-act this emotional narrative of pre-emptive security policy is compounded by the fact that policy-making is seen by HROs as not malicious, but genuinely based on the desire to protect the public due to their duty to try to control the terrorist threat, or at least instill confidence in their authority by presenting the threat as ‘under control’. AIUK explained in an interview that the government ‘often had good grounds for having concerns’, and ‘we would be in a difficult position if we didn’t acknowledge that’, thus undermining attempts to state that a pre-emptive stance is detrimental to society. AIUK explained that the emotions surrounding the issue of protecting citizens allow for pre-emptive action on ‘extreme’ individuals. However, as Reprieve pointed out, just the mere suspicion of terrorist activity or association makes it very difficult to ‘advocate for them in the court of public opinion’ – ‘they’re scarecrows’. Representatives from Liberty and AIUK make clear that the government holds ‘all the cards’ in the form of national security intelligence access to state secrets. As AIUK illustrates, ‘the state can stand up and say we have seen how many bad guys there are…how many plots’. Both Liberty and AIUK point to this dynamic as a huge challenge to combat using human rights framework as the response is always boiled down to ‘we can do it now because the risk is so much greater than it has ever been’ (AIUK interview).

The main impact of the decoupling of political decision-making from actuality on the power of HROs is thus encapsulated in the future temporality of all decision-making. When there is no official offense or action that is being addressed through the application of a TPIM or by the rendition of a suspect – it is increasingly difficult to make people understand the difference between people who are merely suspected, and those who have actually committed a crime. CagePrisoners and AIUK argue that the very act of pre-emptory arrest, or the issue of TPIM leads the public to believe that they must be guilty of something – thus hindering HRO resistance to these measures. The onus of guilt placed on terror suspects by the decoupling of action from actuality is clearly seen in HRO advocacy for Shaker Aamer, the last British detainee in Guantanamo Bay. Aamer has never been charged with any crime, however the paralysis of this dynamic has rendered the writ of habeas corpus 'functionally useless’ due to the risk posed by his status as a terror suspect: what if?

This dynamic has taken a sinister turn domestically within the U.K. as CagePrisoners points out that doctors and university professors are now recommended to report those ‘vulnerable to extremism’ (Travis, 2011). This means that more and more public institutions where people interact are being drawn into the worst-case-scenario-thinking that rationalizes the DPR, feeding into a culture of fear that legitimates the creep towards the curtailment of rights to a fair trial, privacy, asylum and free movement because of fear of terrorism.

Aditi Gupta

Aditi Gupta graduated with an MSc in Global Politics (Civil Society) from the London School of Economics and Political Science in Autumn 2013.  She has previously worked at Soul Rebel Films and Reprieve and has co-authored reports based on depth interviews conducted for the Indian development NGO, CHIRAG. Aditi has volunteered for refugee and homelessorganizations in the UK and is developing a career in the human rights field. This is the second in her five-part series on Crimcast which began in early January, 2014.

Exploring Criminal Justice and Colonialism in Bahrain

Nickie Phillips

Bahraini policewomen on the eve of the country's independence from Britain (1971; Photo: Bahrain Weekly)

In Bahrain, the criminal justice system we see today is a direct result of the colonial encounter -- a situation not acknowledged enough in current scholarship, and in desperate need of a critical voyage to the imperial archives.

Staci Strobl, Co-founder Crimcast

Eight years ago, when I was conducting an ethnography of Bahraini policewomen, I attempted to refer to secondary sources as to the criminal justice history of the small country, particularly regarding the development of policewomen.  Unfortunately, I found only sanitized, un-critical sources that picked up at a colonial moment as if nothing strange or disruptive had ever happened before that, for naturally a European-style criminal justice system, complete with bureaucratic forms to handle a "gender problem," was completely sensible in this distant land.

The field of comparative criminal justice remains under-developed relative to other criminal justice endeavors.  The last decade has seen a proliferation of encyclopedic volumes designed to fill in the descriptive gap, but detailed analytical pieces, particularly from non-western countries which are sufficiently historically contextualized, remain scant.  Bahrain is no exception.

To augment my ethnographic data, I made my way to the Historical Documents Center in Riffa', Bahrain and poured through colonial documents in order to uncover the policing past. 

Sheikh Isa bin Salman Al-Khalifah, ruler of Bahrain from 1961-99

In the end, I was left with the historian's task (though I am not a trained historian) of interpreting some ambiguous and contradictory claims in primary sources by various important actors of the day from the

Al-Khalifah royal family to the political consultant from the 1920s-50s, Sir Charles Belgrave. Policewomen were a British legacy of gender liberalism at the time of de-colonization, I argued, but were palpable to local Bahrainis as a means of serving conservative populations who appreciate traditional sex segregation.

Along the way, I vowed to one day be the more general criminal justice historian I needed for my then-specific, ethnographic mission.  It has taken several years to get around to the task, but this year I will be spending enough time in England to follow up on the many interesting threads first encountered in the Bahrain historical center, having time to review the vernacular file of the India Office records of the British Library (Bahrain was administered under the India Office during the early 20th century).

Charles-Belgrave2

We take as natural that police should have uniforms, that punishment should involve concrete cages called prisons, that judges should sit at benches in standing courts.  But in non-European contexts this was often not the indigenous way of maintaining social order and punishing deviance.  Max Weber callously maligned the palm tree justice of the Arab world, but in fact, in the Arabian Gulf it was an effective method for maintaining the peace in the wake of fluid tribal alliances and shifting economic endeavors.  The qadi under the tree, eclipsed by Belgrave's push to "rationalize" Bahraini justice, had political and religious legitimacy that could never be replaced by the modern colonial machine-- a machine that remains contested today in the Arab spring.

The seeds of today's opposition in Bahrain stem from colonial days.  Patterns of police employment of Sunni individuals over Shi'a were cemented in the late colonial period as punishment for Shi'a involvement in the National Union Committee and earlier revolutionary attempts, buffeted by head of the British colonial police in Bahrain and later State Security (1966-97), Ian Henderson (linked to police torture of Shi'a activists).  The political cache of hiring outside consultants-- Belgrave and Henderson then and John Yates and John Timoney more recently-- stem from the early 20th century rival Gulf monarchies' boasts of powerful foreign friends.  Playing up an overblown Iranian threat is a at least hundred-year old trope that the West swallows over and over again.

Ian Henderson, British police consultant to Bahrain linked to torture (photo: The Telegraph)

The Al-Khalifah royal family and advisors like Belgrave made very concrete political decisions throughout the 20th century that unraveled the fabric of traditional means of maintaining order and achieving justice.  It was disruptive to social and political relations as they had been operating for centuries previous, not a natural or teleological development as many mainstream scholars have assumed.

My archival research at the British Library and at University of Exeter will hopefully help to uncover what existed before the colonial experience and how it was eclipsed.  I hope to better document from whence Bahrain criminal justice came-- at least in the way that it may have been understood and misunderstood by British political agents.

It is here, though, that one often uncovers indigenous voices that have been lost in the paperwork-- testimonies of elder tribespeople, oral laws written down at a certain colonial period of time, etc.  But can an understanding of the old ways, themselves fluid and changing over time, be recovered?

Gayatri Chakravorty Spivak is certainly right to haunt us with the notion that all this historical

Bahrain court sketch from the trial of 21 opposition movement leaders in June of 2011 (www.twentyfoursevennews.com)movement leaders in June of 2011 (www.twentyfoursevennews.com)

back-tracking just leads us to the brick wall of a "tearing of time" in which the colonial encounter in all its "docketing" of the cultural and political threads ends up obscuring that which existed before it.  Or, in the word of Homi Bhabha, we cannot begin to make sense of an “imperial aporia” that described indigenous lacunae through a very thick and cloudy lens of colonial paternalism.

All of this seems like a very tall order for four months of research abroad, but perhaps all such endeavors start off exalted and then whittle themselves down to bite-size pieces.  In any case, it will be a bit of geek-joy to sit in the British library with old, colonial letters, and ponder a time gone by.

Series on archival research in criminal justice

This is the fifth in a 5-part series appearing throughout 2013 focusing on the often game-changing discoveries that come out of archival work in the realm of police, courts, and corrections.  The other four parts can be found here:

When Police Corruption is Normal: Brazil's Criminal Justice Challenge

Nickie Phillips

police-brutality-on-kids brazil

Guest post by Amanda Higazi

Police corruption, though condemned by the international community, is a transnational problem that continues to impede justice. In comparison, although both Brazil and the United States of America suffer from police corruption, the sheer prevalence of corrupt practices displayed in Brazil demand the implementation of reform measures. Modifications should be made that incorporate civilian oversight, training, effective classroom instruction, pilot programs, and an innovative system of checks and balances within the Brazilian police force.

Research shows that Brazil has violated fundamental human rights in breach of the Optional Protocol to the Convention against Torture which was ratified in 2007. Police abuse and torture allegations have been so prominent in prisoner facilities that they are believed to have been what incited the creation of the First Command of the Capital (PCC), arguably Brazil’s most powerful prison gang. There are also routine assassinations of street children and random civilians by police. Furthermore, there is a growing epidemic of police cover-ups for routine assassinations that often get documented on police reports as resisting arrest or retaliatory gang fire. In addition to this, there is an unlawful practice of police tampering and/or destroying evidence.

Since Brazil is only a recently democratized country, the preceding dictatorship has been effective in instilling a code of silence assumed by its citizens. Brazilians continue to live in a perpetual state of fear since witnesses are not welcome to speak out about their police or government. Due to nature of retaliatory killings by police death squads for anyone who questions the regime, there is essentially no witness protection offered. Although both the United States and Brazil evidently have a pervasive trend of police corruption, it appears to be a more prominent concern for the latter because of the severity-- and sense of normalcy-- the citizens have associated with it. Although this appears to be an inextricable quandary there has been considerable effort made towards reform.

My research has addressed the scope of these reformations, considering many of which are mirrored after programs implemented in the United States, such as civilian complaint review boards and increased police training.  Within this context, my research also addressed the rudimentary elements that are present within the society that enable police corruption to continue, as well as some of the efforts already underway to combat it. For example, the Sao Paulo government's requirement that police contact emergency response teams for assistance and treatment at the scenes of shootings, and prohibiting them from altering the scene or removing victims, will go a long way to prevent cover-ups of police abuse.  The policy should be national.  In an effort to create a better tomorrow, it is imperative that all injustices are brought to light today.

Amanda Higazi JJAY MA ICJ BLOG POST PIC

Amanda Higazi is a Masters student in the International Crime and Justice program at John Jay College of Criminal Justice. She is an advocate for international human rights and seeks to ameliorate impunity within the criminal justice system which often challenges the protection of civil liberties.