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Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

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Page 1: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Blame, Disadvantage and Prejudicial Resource

Allocation

Professor Mike Hough

Birkbeck, University of London

Windsor, 25 April 2014

Page 2: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

What I’ll discuss• Look at ‘perverse’ resource allocation• And the limits of criminalisation• Thru lens of procedural justice theory• I shall look at the policing of minorities• And – possibly – drug policing

Page 3: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Why do we obey the law?

• Instrumental vs normative narratives– The control of crime through deterrent threat? – Or social motivations to behave decently?– Normative commitment to the rule of law?

• What sustains this commitment?• Mainly moral values, supported by..• A sense that the justice system has

legitimate authority

Page 4: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Trust, legitimacy & consent: procedural justice theory

• Fair and respectful treatment Trust• Trust Legitimacy • Legitimacy Compliance • Legitimacy Cooperation

• Normative compliance is better and less costly than instrumental compliance

Page 5: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Definition: the justice system has legitimacy when:

1. Citizens offer their willing consent to the to the police and the justice system

2. Not just coerced consent

3. This consent derives from ‘moral alignment’ between the justice system and citizens

4. And from belief that the system acts legally and fairly

Page 6: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Trust in police fairness“How often would you say the police generally treat people in [country] with respect?” (4-point scale, not at all often, not very often often, or, very often?)

% saying ‘not very/not at all often’

Nordic

UK

Conservative corporatist

Southern European

Japan

Post communist (West)

Israel

Post communist (East)

ALL

0 10 20 30 40 50 60 70 80 90 100

11

15

19

28

29

34

54

62

31

Page 7: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Perceived legitimacy – obligation to obey“To what extent is it your duty to do what the police tell you even if you don’t understand or agree with the reasons?” (Scale: 0-10, running from ‘not at all’ to ‘completely’.)

MEAN

Japan

Post communist (East)

UK

Post communist (West)

Nordic

Southern European

Conservative corporatist

Israel

ALL

0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0

4.49

4.5

5.1

5.6

6.1

6.1

6.2

6.65

5.5925

Page 8: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014
Page 9: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

-3.5

-2.5

-1.5

-0.5

0.5

1.5

2.5

3.5

CY GR RU HR PT LT IL BG IE SA UA CZ ES BE NL GB PL HU DK DE US CH EE FI FR NO SE SI SK

Contact - Satisfied Contact - Neither Contact - Dissatisfied

Contact matters: perceptions of legitimacy

Page 10: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Principles of procedural justice• Improve the “moral alignment” of the

justice system and popular values– Through fair and respectful treatment– Playing by the rules– Permitting people “voice”

• Thus building public trust and perceptions of legitimacy

• And thus consent to the rule of law• A sort of domestic equivalent to ‘soft

power’ in international relations

Page 11: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Policing minorities: ‘hard power’ traps

• A study we did for EHRC• Inner city areas in metropolitan forces• Ethnically diverse• Histories of community tensions and riots• But striking differences in style and ‘feel’

a. Adversarial/street control

b. Rule of law/procedural justice

Page 12: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

A commitment to street control style in Area A

“We just have to accept that here we will never be in the right, or liked. We are damned if we do a lot of searches and damned if we don’t.”

“I would rather stop and search more young people and stretch the boundaries of reasonable suspicion than turn up at a parent’s front door to tell them their child is either dead or in hospital.”

“The local residents need to decide what they want, aggressive policing that keeps kids alive or ‘nicey nicey policing’ and more dead or injured kids.”

Page 13: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Trapped in adversial policing?Police find 3 teenagers smoking cannabis in a car

They search the car

They say they’ll issue an (informal) warning

“you won’t tell my mum?”

Then mum appears on the scene

“I have no respect for you whatsoever. .. I’m his mother, you can’t tell me to go no fucking where… fucking racist pigs’

Boys start getting abusive…..

Page 14: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Professional policing – Area B

More personal distance in encounters

Polite but impersonal

Explaining

Listening

Apologising

How to shift from adversial to professional policing? How to “sell” this style of policing to Area A?

Page 15: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Obstacles to policy shift

• Who could object to principles of fairness and respect in policing?

Page 16: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014
Page 17: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Obstacles to policy shift

• Who could object to principles of fairness and respect in policing?

• Cops who believe ends justify means?• Politicians who want crime crack-downs?• Street-cops who face challenges to their

authority?– Challenges that are threatening and difficult

for young men wielding authority– Hard power traps

Page 18: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Obstacles to policy shift

• Options for handling authority challenges– Overwhelm the challenge – Dirty Harry– Trade and negotiate – possible but risky– Back down - disastrous– Defuse the challenge – needs social skills in

de-escalation• Finding a persuasive vocabulary to win

over front-line cops• Rewarding professionalism

Page 19: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Obstacles to policy shift

• Links between procedural justice and organisational justice within the police

• Fairness within the organisation may be requirement for fair treatment of policed

• Internal organisational values are important

• Idea of “self legitimacy”

Page 20: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Legal rules Moral rules

Scenario 1: Legal and moral rules coterminous

Page 21: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Legal rules Moral rules

Scenario 2 A partial disconnect

Page 22: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Legal rules Moral rules

Scenario 3: Legal rules subsume moral onesl

Page 23: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Legal rules Moral rules

Scenario 4: Moral rules subsume legal rules

Page 24: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Blame, Disadvantage and Prejudicial Resource

Allocation

Professor Mike Hough

Birkbeck, University of London

Windsor, 25 April 2014

Page 25: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Limits to normative engineering?

• Is it possible to extend the normative reach of the institutions of justice? Yes

• Is it desirable to do so?• Yes and no• Yes: a trusted justice system functions

better, less coercive, less costly, nicer• No: the state should keep outside of its

citizens’ heads• No: values are values, not means to ends

Page 26: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Principles for normative engineers

• Parsimony in use of criminal law• Restrict to regulation of mala in se• Use administrative sanctions for mala

prohibita• Or else re-stigmatise these mala prohibita

Page 27: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Principles for normative engineers

• Take legitimacy seriously• Maximize public trust in justice by aligning

law, practice and public preferences• But principles of human rights must

constrain responsiveness to public opinion

Page 28: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Drug legislation and legalisation

• The instrumental arguments are well known– Costs outweigh the benefits– Interdiction drives up prices– Creates more crime– Impossibility of keeping up with new drugs

• We should attend more to normative ones– Criminalisation is mis-aligned with public

morality (or important segments of it)– Criminalisation will be seen as unfair

Page 29: Blame, Disadvantage and Prejudicial Resource Allocation Professor Mike Hough Birkbeck, University of London Windsor, 25 April 2014

Blame, Disadvantage and Prejudicial Resource

Allocation

Professor Mike Hough

Birkbeck, University of London

Windsor, 25 April 2014