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CONTEMPORARY ISSUES IN CRIMINAL JUSTICE POLICY Chair: Robert Taylor Chair: Robert Taylor

PARALLEL SESSIONS

3.1 CONTEMPORARY ISSUES IN CRIMINAL JUSTICE POLICY Chair: Robert Taylor Chair: Robert Taylor

0186 - THE U.S. SUPREME COURT AND JUVENILE JUSTICE POLICY: TEN YEARS OF REFORM AND A REAFFIRMATION OF YOUTH

Alida Merlo (United States of America)¹; Peter Benekos (United States of America)² 1 - Indiana University of Pennsylvania; 2 - Mercyhurst University

In 2005, the U.S. Supreme Court determined in Roper v. Simmons that the death penalty, when imposed on youth, violated the Eighth Amendment provisions prohibiting cruel and unusual punishment. The majority decision ushered in a series of judicial reforms in juvenile justice that included banning life without parole for non-homicide offenders and then later banning mandatory life without parole sentences for juvenile homicide offenders. The authors examine the transition in perceptions of youth and the consequences on juvenile justice.

Although remnants of punitive and harsh policies remain, the research evidence on the relationship between youth victimization and delinquency has helped to reaffirm the vulnerability and malleability of youth. Increasingly, policies emphasize prevention, intervention, and treatment. The authors assess current strategies and alternative policies for the future.

0187 - CONTEMPORARY ISSUES IN CRIMINAL JUSTICE: POLICE ACCOUNTABILITY

151 With rising tensions between the police and those policed throughout the world, the issue of accountability has become more salient as a means by which these tensions can be controlled and/or reduced. The recent publication of The President’s Task Force on 21st Century Policing identifies as a top priority the establishment of a culture of transparency and accountability for United States police. Accountability takes many forms and services many constituents. This paper develops a typology by which the process of police accountability can be better understood and a platform from which accountability strategies can be developed.

0188 - APPLYING THE DEATH PENALTY IN ARIZONA: ARBITRARY AND CAPRICIOUS DECISION MAKING

Cassia Spohn (United States of America)¹; Pauline Brennan (United States of America)² 1 - Arizona State University; 2 - University of Nebraska at Omaha

In Gregg v. Georgia the United States Supreme Court upheld Georgia’s guided discretion statute, ruling that the problems that characterized the application of the death penalty in the pre-Furman era were unlikely to persist under statutes like this, which narrowed the categories of cases that were death-eligible. We use data on all first degree murder cases from Maricopa County from 2002 through 2012 to determine whether the Arizona capital sentencing statute does in fact narrow the types of crimes for which the death penalty is possible. We also use data from 2010 to 2012 to identify the factors that predict whether the prosecutor will file a notice of intent to seek death and whether the offender will be sentenced to death.

0189 - UNDERSTANDING THE ISLAMIC STATE: EMERGING POLICY ISSUES IN COMBATTING TERRORISM

Robert Taylor (United States of America)¹ 1 - University of Texas at Dallas

In July 2014, the leader of the Islamic State in Iraq and the Levant (ISIL), Abu Bakr al-Baghdadi, declared himself “caliph” over the area he controlled and announced the establishment of the new Islamic State. He called upon all Muslims around the world to pledge support and allegiance to him and his new country. These were powerful words in the Muslim world, and ones that positioned a-Baghdadi as a unique challenge to Western nations and a direct threat to the stability of the entire Middle East. This is particularly true as other radical Islamic groups aligned with the Islamic State. Boko Harem (Nigeria), Abu Sayyaf (The Philippines), Ansar Tawhid (Pakistan/Afghanistan), Al-Qaeda on the Arabian Peninsula (Yemen), Ansar al-Sahria (Libya) and others have already recognized and become affiliates to al-Baghdadi’s proclamation. The Islamic State is not just another radical Islamic group; rather it is a significant movement across the world that sees itself as the provocateurs of the coming

apocalypse, paving the way for the final Islamic Caliphate in the Middle East. This paper explores the evolutionary development and ideology of the Islamic State with a special focus on the emerging criminal justice policy issues that are presented in combating this new and sophisticated movement.

3.2 ESC TWGJJ ROUNDTABLE (2): EXPLAINING THE STATE WE’RE IN Chair: Lesley McAra

0190 - ESC TWGJJ ROUNDTABLE (2): EXPLAINING THE STATE WE’RE IN Lesley Mcara (United Kingdom)¹

1 - University of Edinburgh

This session builds on the first of the TWGJJ Roundtables ('The State We're In', led by Jenneke Christiaens, Vrije Universiteit Brussel), by theorizing the underpinning drivers of change in juvenile justice across Europe. Chaired by Lesley McAra (University of Edinburgh) the Roundtable will address the following questions: What impact have transformations in youth cultures and extended developmental transitions had on the nature and function of juvenile justice institutions? To what extent and in what way has the economic downturn and austerity shaped policy and practice in relation to young people who come into conflict with the law?

Can the rights of all children and young people be protected in contexts where cosmopolitan imperatives come up against the impulsions of security and surveillance, and where the borders between juvenile and adult systems of justice become increasingly blurred? What are the methodological challenges of comparative research and can we use our theorization of change to forge a new paradigm for juvenile justice? The Roundtable will seek to provide a conceptual framing for the third and final of the thematic roundtables ('Transforming the State We're In', chaired by Barry Goldson, University of Liverpool). All ESC delegates (whether a member of the Working Group or not) are warmly invited to attend and participate.

153 3.3 POLICING RELATIONSHIPS: DIFFERENT CONTEXTS, DIFFERENT APPROACHES Chair: Andrew Wooff

0191 - NIGHTLIFE POLICING, ZONAL BANNING AND THE WAR ON GANGS IN THE DANISH NIGHTLIFE

Thomas Friis Søgaard (Denmark)¹

1 - Centre for Alcohol and Drug Research, Aarhus University

In recent years, scholar have become increasingly attentive to the use of zonal banning and preventive exclusions to address violence and anti-social behaviour associated with alcohol consumption and the inner city nightlife (Hadfield et al., 2009; Crawford et al., 2009; Palmer and Warren, 2014). Importantly, this research suggests an increased use of administrative drinking banning orders and civility laws, operating in the shadow of conventional sovereign criminal law. Furthermore, researchers have argued that the operation of exclusionary public administrative orders as well as private banning systems (Hobbs et al., 2003) in nightlife areas, are fuelled by economic re-generation politics and attempts to retake post-industrial city centers for capital and safe consumption only.

Contributing to the existing research on zonal banning and the policing of nightlife spaces, this presentation focuses on how criminal-political projects, and more specifically the Danish police’s use of gang suppression strategies, today articulates in organized attempts to transform the Danish nightlife into a no-go-zone for gang-related individuals. The presentation demonstrate how the Danish police since the 1990s invested much resources into realizing an informal ‘ban on gangs’ in the nightlife, but also how the use of criminal laws and administrative orders proved ineffective in this project. Instead the presentation outlines how the police-led ‘war on gangs’ in the nightlife has led to the emergence informal police-bouncer partnerships, taking the form of third-party policing structures (Mazerolle & Ransley 2005).

Through such informal alliances bouncers are today persuaded or coerced into activating their private authority and laws against trespassing in a systematic effort to exclude assumed gang-related individuals. By exploring the operation of informal police-bouncer alliances and the re-activation of private property regimes in the police-led war on gangs in the Danish nightlife, this presentation provide new insights into the social life of zonal banning powers, gang suppression and the re-configuration of sovereignty in western societies.

0192 - RESEARCHING POLICE LEGITIMACY QUALITATIVELY: WHAT CAN WE LEARN?

Amy Sprawson (United Kingdom)¹; Andrew Wooff (United Kingdom)¹; Layla Skinns (United Kingdom)¹

1 - University of Sheffield

Existing research predominantly uses quantitative methods to examine police legitimacy.

Although of great value, this approach alone cannot fully demonstrate complexities of the role of perceived legitimacy in securing compliance in various contexts. This paper therefore explores the insights that can be gained by researching police legitimacy qualitatively. More specifically, it draws upon 250 hours of observations and over 50 semi-structured interviews with police officers, staff and detainees in two police custody suites. These data have been collected as part of a three-year ESRC-funded study of ‘good’ police custody. Particular focus is paid in this paper to the importance of context in fostering perceptions of legitimacy - the unique context of police custody - and how the context shapes different forms of authority and compliance. Qualitative insights from the research will also be used to expand the existing legitimacy theoretical framework by considering the interaction between different forms of compliance, furthering our understanding of why people comply with the police in police custody and beyond.

0193 - ‘GOOD’ POLICE CUSTODY: THE ROLE OF EMOTIONS, SPACE AND PLACE

Andrew Wooff (United Kingdom)¹; Amy Sprawson (United Kingdom)¹; Layla Skinns (United Kingdom)¹

1 - University of Sheffield

Police custody is a complex environment, where police officers, detainees and other staff interact in a number of different emotional and inherently spatial ways. Utilising ethnographic and interview data collected as part of a three-year ESRC-funded study which aims to rigorously examine what ‘good’ police custody is, this paper analyses the role that the conditions of custody, both physical and emotional, play in creating an environment that fosters ‘good’ police custody. Architecture has previously been noted as an important consideration in relation to social control, with literature linking the built environment with people’s emotional ‘readings’ of space. Little work, however, has examined the link between architecture and the affect/emotions of those within the police custody context. This paper draws on the geographies of architecture literature to explore at the micro-scale, the role that conditions of two custody suites have on the emotional responses of detainees and staff.

Custody is a space of emotional performativity, where power dynamics of the present are linked to past experiences, with emotions being intrinsically fluid, embodied and relational. By analysing some the embodied experiences of detainees and staff within custody, links between emotions, space and context are examined in relation to ‘good’ custody practices.

0194 - POLICE COMMUNICATION THROUGH TWITTER AS A DETERMINANT OF SAFETY PERCEPTION

155 When the factors that determine people’s perception of safety are examined, communication is often overlooked as a possible determinant. The scarce research that dives into this factor usually focuses on the impact of mass media or satisfaction with police-citizen contacts.

Planned, structural communication by relevant institutions like police and (local) government is rarely taken into account.

The recently finalized PhD-research addresses the question whether communication could be one of the determinants of safety perception by the public and if so, what its exact role is. This exploration of communication as a possible determinant includes different media, traditional as well as new and social media, communication about objective safety and possible parallels with other areas where communication plays an important role in informing and influencing people, like public health messages and campaigns.

Specific focus is on police communication through social media. In the Netherlands, especially Twitter has been widely adopted by police departments and individual police officers as a convenient and accessible tool for interaction with citizens. Through surveys and interviews, some light is shed on the effects of these communicative efforts: do people feel safer when their local police officer keeps them posted via Twitter? The results and conclusions will be reported in this paper.

3.4 YOUNG PERSONS’ EXPERIENCE WITH IMPRISONMENT

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