Angus Nurse - The Citizen and the State: Criminal Justice and Civil Liberties in Conflict

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Praise for The Citizen and the State

This is a timely, thought-provoking book which challenges us to re-evaluate our interpretations of justice, human rights, proportionality and the criminal justice system. Underpinned by critical thinking and rigorous scholarship throughout, this book is essential reading for anyone seeking a more nuanced understanding of the precarious balance between effective justice policies and our civil liberties.

Neil Chakraborti, Professor in Criminology and Head of the School of Criminology, University of Leicester, UK

Angus Nurse provides an incredibly lucid and unswervingly critical analysis of the criminal justice system. Picking apart the underlying conflicts, inconsistencies and contradictions between the citizen and the state that emerge through the normal working practices of criminal justice processes, this book represents an important step toward understanding the complex intersection of human rights, justice and inequality. Through a range of assiduously selected examples, Nurse illustrates the power imbalances that characterise the legal landscape of contemporary society, in contexts as varied as the suppression of dissent, creative and sexual expression, and public enquiries. In a world where access to justice for the most vulnerable in society is becoming increasingly tenuous, The Citizen and the State: Criminal Justice and Civil Liberties in Conflict is essential reading for those interested in redefining who justice is for.

Oliver Smith, Associate Professor, School of Law, Criminology and Government, University of Plymouth, UK

Dr Angus Nurse has written extensively on a number of social issues such as human rights, environmental crime and green criminology. Prior to becoming an academic he had a professional background as an Ombudsmans Investigator and for a non-governmental organisation as a Wildlife Investigations Co-ordinator. He has brought this wide knowledge and experience together in a critical manuscript that deconstructs the questions of what and who the criminal justice system is for? The work is accessible and is usefully underpinned with case examples. The conflict between civil liberties and criminal justice will deservedly appeal to a wide audience, beyond criminology and legal scholars.

Anthony Goodman, Professor of Criminology, Department of Criminology and Sociology, Middlesex University, UK

Dr Angus Nurse has written a concise, accessible and engaging introduction to the big ideas driving the debates around the criminal justice system. It is an exploration as to what we want and should expect from our justice system and the balance between upholding the rights of its citizens and delivering effective justice on the part of the state.

Jon Robins, Freelance Journalist, Lecturer and Editor of The Justice Gap and Proof, UK

A hallmark of Angus Nurses scholarship has been discussing complex issues (such as animal harm and wildlife crime) in clear and accessible ways. In The Citizen and the State, Nurse tackles questions regarding the purpose and operation of criminal justice and the extent to which the balance between criminal justice and civil liberties is problematic. Nurses elegant prose and thoughtful cases and examples examined through the lenses of critical criminology and human rights shed new light on the inherent conflict between the citizen and the state in a post-9/11 world. A timely and important book!

Avi Brisman, Associate Professor, School of Justice Studies, Eastern Kentucky University, USA

Angus Nurse is an outstanding socio-legal scholar, and this book crystallises his academic innovation and acumen with an inspiring and cutting-edge exegesis of the interrelated contradictions and complexities between state power, citizen freedoms and the administration of justice. The book is beautifully written, and it insightfully and lucidly unpacks key democratic concepts and relationships in an accessible and engaging way that makes a unique contribution to criminological discourses.

Reece Walters, Professor of Criminology, School of Humanities and Social Sciences, Deakin University, Australia

The Citizen and the State: Criminal Justice and Civil Liberties in Conflict

By

Angus Nurse

Department of Criminology and Sociology, Middlesex University, UK

United Kingdom North America Japan India Malaysia China

Emerald Publishing Limited

Howard House, Wagon Lane, Bingley BD16 1WA, UK

First edition 2020

2020 Angus Nurse

Published under exclusive licence by Emerald Publishing Limited

Reprints and permissions service

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No part of this book may be reproduced, stored in a retrieval system, transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without either the prior written permission of the publisher or a licence permitting restricted copying issued in the UK by The Copyright Licensing Agency and in the USA by The Copyright Clearance Center. Any opinions expressed in the chapters are those of the authors. Whilst Emerald makes every effort to ensure the quality and accuracy of its content, Emerald makes no representation implied or otherwise, as to the chapters' suitability and application and disclaims any warranties, express or implied, to their use.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN: 978-1-78973-040-1 (Print)

ISBN: 978-1-78973-039-5 (Online)

ISBN: 978-1-78973-041-8 (Epub)

Table of Contents

Acronyms

CCRC	Criminal Cases Review Commission
CICA	Criminal Injuries Compensation Authority
CPS	Crown Prosecution Service
ECHR	European Convention on Human Rights
ECtHR	European Court of Human Rights
EU	European Union
ICC	International Criminal Court
ICCPR	International Covenant on Civil and Political Rights
ICESCR	International Covenant on Economic, Social and Cultural Rights
IOPC	Independent Office for Police Conduct
IPCC	Independent Police Complaints Commission
ILO	International Labour Organisation
NGO	Non-Governmental Organisation
UN	United Nations
UNODC	United Nations Office on Drugs and Crime
VPS	Victim Personal Statement

Preface

What (and more importantly, who) is criminal justice for? This question lies at the heart of this book which brings together a range of ideas from a more than decade-long of enquiry into the workings of criminal justice, criminal law, human rights law and the behaviour of actors and institutions that operate the criminal justice system.

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