Enabling and constraining police power: On the moral regulation of policing

In this paper we consider some of the ethical challenges inherent in the regulation of discretionary police power. Discretion is central to police policy and practice, but it also provides a level of freedom that opens up the space for injustice and inequity, and this is seen most vividly in recent...

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Main Authors: Bradford, B, Jackson, J
Format: Book section
Published: Routledge 2016
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author Bradford, B
Jackson, J
author_facet Bradford, B
Jackson, J
author_sort Bradford, B
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description In this paper we consider some of the ethical challenges inherent in the regulation of discretionary police power. Discretion is central to police policy and practice, but it also provides a level of freedom that opens up the space for injustice and inequity, and this is seen most vividly in recent debates about unfairness and racial profiling in the distribution and experience of police stops in the US and UK. How to regulate discretionary power is a challenging question, and this is especially so in the context of practices like stop-and-search/stop-and-frisk. The ability to stop people in the street and question them is central to policing as it is understood in many liberal democracies, but under conditions of unfairness and questionable efficacy ? when the application of this particular police power appears unethical as well as ineffective ? one can reasonably ask whether the power should be dropped or curtailed, and if curtailed, how this would work in practice.
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spelling oxford-uuid:4d53f409-c4cc-4182-8a84-a1ef207de23a2022-03-26T15:54:57ZEnabling and constraining police power: On the moral regulation of policingBook sectionhttp://purl.org/coar/resource_type/c_3248uuid:4d53f409-c4cc-4182-8a84-a1ef207de23aSymplectic Elements at OxfordRoutledge2016Bradford, BJackson, JIn this paper we consider some of the ethical challenges inherent in the regulation of discretionary police power. Discretion is central to police policy and practice, but it also provides a level of freedom that opens up the space for injustice and inequity, and this is seen most vividly in recent debates about unfairness and racial profiling in the distribution and experience of police stops in the US and UK. How to regulate discretionary power is a challenging question, and this is especially so in the context of practices like stop-and-search/stop-and-frisk. The ability to stop people in the street and question them is central to policing as it is understood in many liberal democracies, but under conditions of unfairness and questionable efficacy ? when the application of this particular police power appears unethical as well as ineffective ? one can reasonably ask whether the power should be dropped or curtailed, and if curtailed, how this would work in practice.
spellingShingle Bradford, B
Jackson, J
Enabling and constraining police power: On the moral regulation of policing
title Enabling and constraining police power: On the moral regulation of policing
title_full Enabling and constraining police power: On the moral regulation of policing
title_fullStr Enabling and constraining police power: On the moral regulation of policing
title_full_unstemmed Enabling and constraining police power: On the moral regulation of policing
title_short Enabling and constraining police power: On the moral regulation of policing
title_sort enabling and constraining police power on the moral regulation of policing
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