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Security, the state, and the citizen: the changing architecture of crime control

Abstract:
Citizenship has become a buzz word of political discourse and policy formation. Recent formulations convey the message that rights are contingent on earning membership in a political community and carry corresponding responsibilities. Acquiring citizenship entails a more rigorous process of validation and conformity with prescribed norms. The notion of probationary citizenship (developed in respect of immigrants) is extended to all those whose standing as full citizens is in doubt. Citizenship comes to be used as a means of policing and a tool of the criminal law. Assertion of the state's duty to provide security for bona fide citizens provides the rationale for measures that are preemptive, exclusionary, and pay scant regard to procedural proprieties. They create a caste of outlaws and aliens whose status renders them suspect aside from any wrongdoing; whose interests are compromised in the name of protecting the public; and who must requalify to enjoy full citizenship. One means of resisting these trends is adherence to a liberal model of the criminal law and assertion of due process protections as security rights for all individuals against the state.
Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1525/nclr.2010.13.2.379

Authors

More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
All Souls College
Role:
Author
ORCID:
0000-0003-4783-2253


More from this funder
Funder identifier:
https://ror.org/0505m1554
Grant:
AH/H015655/1


Publisher:
University of California Press
Journal:
New Criminal Law Review More from this journal
Volume:
13
Issue:
2
Pages:
379-403
Publication date:
2010-04-01
DOI:
EISSN:
1933-4206
ISSN:
1933-4192


Language:
English
Subtype:
Review
Pubs id:
479870
Local pid:
pubs:479870
Deposit date:
2025-06-10
ARK identifier:

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