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Police, Crime and Order: The Case of Stop and Search

Abstract:
In this chapter we revisit and extend discussion about the relation of the police to the key political concepts of ‘crime’ and ‘order’ using the case of the police power of stop and search/frisk. We select this power as a case study because its exercise is laden with implications for how we understand the overarching purpose of the police and seek to control and govern police work. Using evidence primarily concerning the social and spatial distribution of stop and search in England and Wales we contest two legitimating fictions about this power – that it is a tool of crime detection and that it can be subject to effective legal regulation. The evidence, we argue, suggests that stop and search is about control and the assertion of order and the effort to do this implicates not only ‘fighting crime’ but also regulating and disciplining populations based on who they are, not how they behave. Given this, we argue, stop and search is best understood as an aspect of The Police Power recently theorized by Markus Dubber (2005) – a potentially limitless, uncontrollable, extra-legal power to do what is necessary to monitor and control marginal populations. In conclusion, we spell out the regulatory implications of understanding stop and search in these terms.
Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author


Publisher:
SAGE Publications
Host title:
SAGE Handbook of Global Policing
Publication date:
2016-07-14
ISBN:
9781473906426


Keywords:
Pubs id:
pubs:585440
UUID:
uuid:eea59132-2bcb-4f90-8e61-fe584cdd5247
Local pid:
info:fedora/pubs:585440
Source identifiers:
585440
Deposit date:
2016-09-06

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