Beyond the state

Question 1

Why has beyond the state private policing understood as ‘re-emerging’ and outline this growth?

Answer 1

1) Pre-19th century policing and punishment was private and the wealthy would pay for their enemies to be arrested by private police and punished
2) The prison system was only nationalised in the late 1800s
3) Not a sudden ‘boom’ but a gradual increase over the last 20-30 years of emerging private companies - can be seen as long ago as 1950s!
4) There has been a growth spatially and functionally e.g. police functions such as guarding prisoners has been contracted out to private companies

Question 2

What is meant by ‘the commercial security industry’? Give examples of commercial security

Answer 2

It is an industry based on the commercialisation of crime control and crime prevention, combining the work of the police with private, profit-motivated business mentality.
Examples:
1) Security guarding e.g. night club bouncers, guarding of important people/celebrities
2) Private investigators e.g. employed by banks
3) Security equipment e.g. microchips, private cctv
4) Private military e.g. Black Water Scandal (US private military shot dead 17 civilians in Iraq)

Question 3

The commercialisation of policing is not just private businesses but can be the contracting out of the public police force and public police functions but work with the public police, not completely autonomous. Give 2 examples…

Answer 3

1) Public police services are ‘sold off’ for profit, for example police may be hired by a football club on a match day to maintain order and prevent crime
2) Private providers are also used to help undertake ‘public functions’ for example G4S help transporting people arrested on a night out to custody rather than wasting police time

Question 4

What can commercial/private policing companies do? What functions can they carry out?

Answer 4

“Everything the public police do plus some more besides…” (Les Johnston, 1991)

1) Crime investigations
2) Order maintenance
3) Public patrol/reassurance to the public
4) Emergency response
5) Law enforcement
6) guarding prisoners
7) A range of ‘service functions’

Question 5

What 4 ideas are used to explain the growth of commercial security?

Answer 5

1) Demand and supply - There is increasing demand for more policing as public expenditure has been cut dramatically, public police alone cannot meet demands (However, this explanation alone is too simple as all public and private policing is expanding despite demand)
2) Privatisation of the public sector - The public sector (including all public sectors) are slowly being privatised (e.g. NCP taking parking controls), contracted out (e.g. recent proposals in west midlands, surrey), funded by private companies and competition is being made in the policing ‘market’ (e.g. creation of PSCOs)
3) Mass private property - More property is becoming privately owned and therefore privately policed and we are beginning to spend a lot of time in these private spaces e.g. shopping centres, leisure parks (centreparks, butlins, etc) and ‘gated communities’
4) Late modernity and the capitalist society - Due to societies lack of security, heightened feelings of risk, risky employment, lack of social bonds, etc, people are more anxious of crime, which results in people feeling they need to buy themselves private security, but with more overt visible signs of crime control it in turn makes people feel more at risk from crime and believe crime is more present than it actually is, therefore invest in more crime control…. vicious circle - This is the commodification of policing

Question 6

What is meant by the commodification of policing?

Answer 6

Vicious circle is created where people have an irrational fear of crime which in turn makes them feel like they need to buy private policing (e.g. private patrol companies, own cctv, etc). However, the more overt, visible signs of crime control around induces more fear to people about crime which isnt necessarily there = more private crime control

Question 7

Give examples of ‘new communal spaces’

Answer 7

• Shopping centres are privately owned and privately policed e.g. st davids shopping centre - ‘Americanisation of British shopping’
• ‘Gated communities’ are privately owned communities/neighbourhoods/apartments/etc that are privately regulated and policed e.g Disney owned town ‘Celebration’
• University campus again is a privately owned commercial space that uses its own private security/policing
• However, questions are raised by public spaces that are inherently public such as parks but are ‘gated’ e.g. bute park is public but is locked at night, this raises questions about its policing

Question 8

What are the 3 key features of commercialised policing and compare these features to Garland’s new ‘mentalities’ of crime control

Answer 8

1) Instrumental logic (focus on cost effectiveness and efficiently) and ‘loss prevention’ VS. symbolic and emotive elements of traditional policing
2) Forward-looking, preventive and proactive approach to policing VS. reactive, retrospective focus of detection and punishment (For example, St Davids shopping centre can ban someone who has a history of shoplifting even if they have never stolen from the St Davids centre)
3) Hidden and embedded forms of policing (e.g. disneyworld) VS. overt and demonstrative aspects of public policing (e.g. uniformed and patrols)

Question 9

List 4 benefits of private/commerical policing

Answer 9

1) Equity - public policing already impacts on the poorer people in society, private policing can help protect and help poorer communities who need it
2) Accountability - Market private policing accountability is more direct and immediate, whilst current public policing is not strong in practice. Private policing also works under the public police therefore they are under the direction and are accountable/open to scrutiny from public sector
3) Effectiveness - Since 2001 there has been a large increase in professionalism in the private policing market and the effectiveness of private companies is better than public policing as they have the money and resources to be innovate and invest in new, more effective, technology
4) Cost - Private sector can deliver similar services to the public sector but for cheaper and more cost effective ways

Question 10

List 4 problems with private policing… MUST KNOW

Answer 10

1) Equity and social exclusion - Private policing can be afforded by the rich, but not by the poor. Therefore it will result in the rich receiving the private policing, whilst the poor having only public policing, forcing crime to be displaced to poorer, disadvantaged areas
2) Accountability - market accountability is fragmented and serves private interests, not that of the public
3) Effectiveness - there are problems with level of standards, training of staff, vetting of staff, lack of/problems with coordination and competition can lead to the overlapping of functions to save money which can result in problems
4) Expansion - To expand private companies need demand, therefore they do not want to see crime as solved so therefore they may create their own demand - create more anxiety and fear of crime to get more contracts and make more money

Question 11

What is responsabilisation?

Answer 11

The active distribution of responsibility for crime and disorder to non-state actors and not only criminology and law - the devolution of responsibility to the education sector, housing sector, etc

Question 12

Explain briefly the history (to current) of private prisons

Answer 12

• Pre-19th century prisons and punishment were private
• Late 1800s prisons and punishment became nationalised and equal
• America led the movement to private prisons with companies such as ‘Corrections corporation of America’ and ‘Wackenhut corporation’ who also own G4S - However, a lot of uproar (surprisingly, even more so than in the UK)
• Political lobbying for the privatisation of punishment and tougher sentences occurred in the UK and ideas begun to form - The Adam Smith Institute initially suggested private prisons as a ‘joke’
• Opposition from penal reform groups, prison staff and the Labour party and when the Labour party got in in 1997 they stopped all privatisation of prisons and kept it in the public sector (However, new labour privatised the most prisons to date - even more than the conservatives)
• Privatisation went under ‘market testing’ - used research to evaluate the effectiveness before implementing
• Introduction of the Criminal Justice Act 1991 (Introduced private competition into the offender management services and prison management could be given to anyone deemed appropriate by the home secretary - private or public sector) and the Criminal Justice Act 1994 (All new prisons could be built and designed by the private sector)

Question 13

Describe the current situation in the UK of private prisons…

Answer 13

• 14 privately run prisons in England and Wales, and 2 in Scotland
• We are the most privatised system in Europe
• All new prisons since 1992 have been built and financed by the private sector - Mostly on a DCMF (Design, Construct, Manage, Finance) scheme similar to a mortage style contract
• 11% of the prison population are held in private prisons (only 7% in the US)
• At each private prison there is a ministry of justice ‘controller’
• Private Prison Ombudsman (independent investigator into complaints and deaths in custody) and HM Inspectorate (investigate independently prison conditions) in public/all prisons

Question 14

Describe the private involvement in the probation service. Include who is private that are involved, and how much of probation is contracted out and when…

Answer 14

• Probation services are rooted in voluntary, non-state sector organisations and religious organisations
• In 2004: National offender management service (NOMS) was created and ‘contestibility’ was introduced - This was a shift in terminology to reflect the idea of ‘management’ and a new business-like approach
• The Coalition governments ‘Transforming rehabilitation’ (2013) is being currently implemented (Spring 2015) which employs new ideas such as: payment by result schemes, community-based punishment (e.g. electronic monitoring), more restoritive justice for victims, more drug rehabilitation, etc
• 70% of probation work of low-medium risk offenders is now contracted out to commercial and voluntary organisations (£450 million in total) - whilst the public sector remain apart of the public sector controls

Question 15

Discuss the growth in electronic monitoring and what is the current recent developments

Answer 15

• Late 1980s - EM was given as a condition of bail
• Mid 1990s - give as a sentence of court
• Late 1990s - Given to young offenders and condition of prison release
• 2000s - Given as terrorism-related control orders
• 1990 there was 9000 cases, now in 2010 there is 116,000 cases
  Current developments:
• 2005-2013: Serco and G4S contracted with Ministry of Justice to manage EM
• Early 2013: Due to accusations of fraudulent over-charging by Serco and G4S they are not considered for renewal
• Late 2013: Preferred bidders for new 6 year contract is Capita, Buddi, Astrium and Telefonica

Question 16

What are the advantages and disadvantages of electronic monitoring?

Answer 16

Advantages: Low cost, reduced reoffending, better rehabilitation, better and easier detection
Disadvantages: Questions civil liberties, net-widening as given out as a low-level sentence but if broken can become serious (similar to ASBOs), removes/makes it difficult for offenders to be with their families

Question 17

What are the 5 factors that are arguably driving the ‘commodification’ of punishment/private punishment?

Answer 17

1) Mass incarceration - Huge growth in prison population in Western Europe but there is not enough room or resources to cope
2) State budgetary strains - Not enough money for resources in the public sector, therefore the private sector can help as they pay and do more for less
3) Private sector lobbying - pressuring and persuading government
4) Wider neo-liberal political culture - pro-capitalist, free marker-based drive and interest in western culture
5) Concerns about reforms ineffectiveness - People believe reforms never actually change anything, they are unreactive and sometimes ‘abusive’

Question 18

Give 5 arguments for privatisation of prisons/punishment…

Answer 18

1) The private sector is inherently better ‘private good, public bad’ - ideological view
2) Means prisons can have greater managerial control with less union power disrupting plans
3) More competitive and cost-effective - Lower operational and building costs due to the market discipline
4) Higher standards and greater innovation
5) More directly accountable than centralised public bureaucracy and there are pre-set contract specifications that ensure this

Question 19

Give 6 arguments against privatisation of prisons/punishment…

Answer 19

1) Punishment is inherently public and it is immoral to deliver punishment for profit - moral/ideological view
2) Once profit is introduced, corruption is more likely! Private sector lobbying can inflict corruption of penal-policy makers
3) Expansionary dynamic - ‘The Penal industry complex’ (Christie, 2000) aka “the overlapping interests of government and industry that use surveillance, policing and imprisonment as solutions to what are in actuality economic, social and political problems” (Herzing, 2005)
4) Polarisation within the system - private sector ‘cream off’ to the profitable parts of the system
5) Market accountability is simply not good enough - have private, market interests, not that of the public
6) Standards will drop due to crude cost-cutting, fragmentation and ‘human warehousing’

Question 20

What are the 6 contrasting qualities of private policing at Disneyworld, compared to traditional policing?

Answer 20

1) Disneyworld: covert policing that is built into every function ‘blends into the woodwork’ VS traditional policing: Overt, visible and upfront, with crime prevention that brings attention to the fact crime occurs and that police are there to prevent it e.g. cctv, patrols
2) Disneyworld: policing is dual functioning-it is fun and control to create a relaxed atmosphere e.g. the security are dressed up as Disney characters VS. Traditional: Police uphold a perception of authority and incite fear in many
3) Disneyworld: Proactive, preventative to make sure control is maintained at all times and people follow instructions given VS. Traditional policing: Reactive, responds to when they are called or crime is brought to their attention-it is impossible to keep control over citizens at all times
4) Disneyworld: People are willing to cooperate as they are there out of choice and they choose to self-regulate. The companies safety checks reassures visitors that their safety is paramount VS. Traditional: A lot of segregation and tension between police and the public which causes people to commit crime and refuse to cooperate
5) Disneyworld: American capitalist company that is driven by profit and establishing their brand therefore seduce people into conformity e.g. picture points, large scale advertisements, etc VS. Traditional: No profit-incentive and work for the public not for the business which is separate to the market, capitalism and corporations
6) Disneyworld: Consenual and non-coercive VS. Traditional: coercive and consensual when living in that country

Question 21

Give criticism to why a Disneyworld type of policing would not work in wider society? Reference

Answer 21

SHEARING AND STENNING 1984

1) If policing is too covert then it becomes morally questionable - Orwellian society
2) Unlikely to work in practice across the who society as resources are limited and countries are too big - Not enough money or man power to regulate everyones behaviour
3) Disneyworld is a choice and consensual, whereas in wider society this would be outrageously non-consensal and over-controlling - People choose to go to Disneyworld for family fun and pay a lot to go whereas in society socially deprived people may try to buy heroin, knives, guns, etc.

Question 22

What are the advantages of outsourcing police tasks to private security? Reference from seminar (8)

Answer 22

WHITE, 2014

1) Huge police cuts means that police are working on the bare minimum and cannot maintain the same or a good service, therefore private policing can fill this space
2) ‘Market’ rationalities can make real strategic changes to how money is spent and saved due to real-life business backing
3) Police will always be in the public eye, just private services will lay in the background/behind the scenes
4) Police have made it clear that not any company can be apart of crime control, they must uphold the same institutional standards, ethos, commitment and value systems e.g. G4S won bid due to empathy with police
5) Partnerships allow a 2-way learning dynamic - bringing together the strengths of both private and public sectors to create an all-round better service
6) Not a sudden, dramatic change as people fear, but slow and steady incorporation of private into the public
7) Like a company they use and put together all the best staff there is to improve services
8) New management skills are aimed at effectiveness, efficiency and economy e.g. 999 calls answered in 10 seconds rose from 89% to 93% with 6% less staff

Question 23

What are the disadvantages of outsourcing police tasks to private security? Reference from seminar (5)

Answer 23

WHITE, 2014

1) Tension between public and private employees as some feel that the private do not have the same ethos, values and motives as the public workers, this in turn causes private workers to feel less respected and not as good as the public workers which creates more tension - inherent tensions between logic of the market and logic of public good
2) Public police can feel like their legitimacy is being threatened causing emotional distress and by moving public workers to the private areas they often feel like they have lost their ‘identity’ - They trained and learnt to be a police officers but are moved into a business-sphere which they cannot identify with
3) Public police are often replaced with private workers who will work for less, under tougher terms and conditions
4) Arguably too business-like e.g. 999 automated answer phone was quickly scrapped as it didn’t cover police responsibilities and had too much emphasis on the 3 Es
5) Faith in the public sector with dealing with public safety has caused fear and anxiety of the private sector and scepticism of private policing, especially after G4S failure at the Olympics 2012