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This empirical study of the procedural rights of suspects in four EU jurisdictions - France, Scotland, the Netherlands, and England/Wales - focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings: the right to interpretation and translation, the right to information and the letter of rights, and the right to legal assistance before and during police interrogation. In order to examine how these procedural rights operate in practice, the book's authors spent two to five months in eight field sites across these four jurisdictions. They watched lawyers and police officers during the period of police custody, they examined case records, they observed lawyer-client consultations, and they attended suspect interrogations. Furthermore, they conducted 75 interviews with police officers, lawyers, and accredited legal representatives. In addition to producing and analyzing empirical data, the authors have developed training guidelines for lawyers and police officers involved in the police detention process for use across the EU. The project team also produced a series of recommendations for legislative and policy changes designed to ensure better enforcement of the EU procedural rights' instruments that are envisaged in the Stockholm Programme, a five-year plan with guidelines for justice and the home affairs of the Member States of the EU. (Series: Ius Commune Europaeum - Vol. 113)
This book provides a nuanced and timely contribution to the question of vulnerability in police custody. It addresses the implementation of the appropriate adult safeguard in respect of adult suspects and explores police decision-making in this context. Drawing on empirical research carried out in England, the work takes a socio-legal approach to examine how and why police custody officers implement or not the appropriate adult safeguard. The book’s core arguments are addressed within three parts. Part I examines how vulnerability is constructed philosophically and practically, firstly within the broader literature, thereafter at common law and in statute, and finally by police custody officers. Part 2 discusses how vulnerability is identified and how decisions are made in response to vulnerability. Part 3 critically assesses the theoretical understandings of police decision-making and criminal justice. Here it is argued that current theories on police decision-making hold explanatory power yet have significant shortcomings in relation to vulnerability and the appropriate adult safeguard. The book thus presents new theoretical insights and, on the basis of these insights, asserts that the current regime of regulation must be reconsidered, while police compliance may only be ensured if vulnerability is radically reconceptualised.
Police detention is the place where suspects are taken whilst their case is investigated and a case disposal decision is reached. It is also a largely hidden, but vital, part of police work and an under-explored aspect of police studies. This book provides a much-needed comparative perspective on police detention. It examines variations in the relationship between police powers and citizens’ rights inside police detention in cities in four jurisdictions (in Australia, England, Ireland and the US), exploring in particular the relative influence of discretion, the law and other rule structures on police practices, as well as seeking to explain why these variations arise and what they reveal about state-citizen relations in neoliberal democracies. This book draws on data collected in a multi-method study in five cities in Australia, England, Ireland and the US. This entailed 480 hours of observation, as well as 71 semi-structured interviews with police officers and detainees. Aside from filling in the gaps in the existing research, this book makes a significant contribution to debates about the links between police practices and neoliberalism. In particular, it examines the police, not just the prison, as a site of neoliberal governance. By combining the empirical with the theoretical, the main themes of the book are likely to be of utmost importance to contemporary discussions about police work in increasingly unequal societies. As a result, it will also have a wide appeal to scholars and students, particularly in criminology and criminal justice.
Custody visitors are volunteers who make unannounced visits to police custody blocks to check on the welfare of detainees. However, there is a fundamental power imbalance between the police and these visitors. This timely book offers detailed proposals for radically reforming custody visiting to make it an effective regulator of police behaviour.
Torture is an open secret in Chicago. Nobody in power wants to acknowledge this grim reality, but everyone knows it happens—and that the torturers are the police. Three to five new claims are submitted to the Torture Inquiry and Relief Commission of Illinois each week. Four hundred cases are currently pending investigation. Between 1972 and 1991, at least 125 black suspects were tortured by Chicago police officers working under former Police Commander Jon Burge. As the more recent revelations from the Homan Square “black site” show, that brutal period is far from a historical anomaly. For more than fifty years, police officers who took an oath to protect and serve have instead beaten, electrocuted, suffocated, and raped hundreds—perhaps thousands—of Chicago residents. In The Torture Letters, Laurence Ralph chronicles the history of torture in Chicago, the burgeoning activist movement against police violence, and the American public’s complicity in perpetuating torture at home and abroad. Engaging with a long tradition of epistolary meditations on racism in the United States, from James Baldwin’s The Fire Next Time to Ta-Nehisi Coates’s Between the World and Me, Ralph offers in this book a collection of open letters written to protesters, victims, students, and others. Through these moving, questing, enraged letters, Ralph bears witness to police violence that began in Burge’s Area Two and follows the city’s networks of torture to the global War on Terror. From Vietnam to Geneva to Guantanamo Bay—Ralph’s story extends as far as the legacy of American imperialism. Combining insights from fourteen years of research on torture with testimonies of victims of police violence, retired officers, lawyers, and protesters, this is a powerful indictment of police violence and a fierce challenge to all Americans to demand an end to the systems that support it. With compassion and careful skill, Ralph uncovers the tangled connections among law enforcement, the political machine, and the courts in Chicago, amplifying the voices of torture victims who are still with us—and lending a voice to those long deceased.
On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centres alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centres. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centres identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavour, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.
Police Custody in Ireland brings together experts from policing studies, law, criminology, and psychology, to critically examine contemporary police custody in Ireland, what we know about it, how it operates, how it is experienced, and how it might be improved. This first-of-its-kind collection focuses exclusively on detention in Garda Síochána stations, critically examining it from human rights and best practice perspectives. It examines the physical environment of custody, police interview techniques, existing protections, rights, and entitlements, and experiences of specific communities in custody, such as children, ethnic minorities, non-English speakers, the Mincéir/Traveller community, and those with intellectual disabilities or Autism Spectrum Disorder. Police Custody in Ireland gives a snapshot of garda custody as it is now and makes important recommendations for necessary future improvements. An accessible and compelling read, this book will be of interest to those engaged in policing and criminology, as well as related areas of interest such as human rights, youth justice and disability studies.
Brixton in the late 1990s. Delroy Brown, a young black man being held in police custody, dies in a confrontation in his cell with a police officer.
Police custody is the gateway to the criminal justice process, meaning that there is much at stake for staff & suspects. This book contributes to research on the police custody process & examines the growing role given to civilians employed by the police or by private security companies within police custody areas.
"Arrest-Proof Yourself will teach you everything you need to know about dirty cops, racial profiling, probable cause, search and seizure laws, your right to remain silent, and much more. This how-not-to guide will keep you safe and sound all year long." --Zink magazine What do you say if a cop pulls you over and asks to search your car? What if he gets up in your face and uses a racial slur? What if there's a roach in the ashtray? And what if your hot-headed teenage son is at the wheel? If you read this book, you'll know exactly what to do and say. More people than ever are getting arrested—usually for petty offenses against laws that rarely used to be enforced. And because arrest information is so easily available via the Internet, just one little arrest can disqualify you from jobs, financing, and education. This eye-opening book tells you everything you need to know about how cops operate, the little things that can get you in trouble, and how to stay free from the hungry jaws of the criminal justice system. It is now updated with new and important information on the right of the police to search your car; on guns, knives, and self-defense; and on changes in surveillance methods. Dale C. Carson was an FBI field agent, a SWAT sniper, an instructor at the FBI academy, and a Miami police officer who set Florida records for felony arrests. He is currently a criminal defense attorney. Wes Denham is the author of Arrested.