LEGITIMACY AND COMPLIANCE
IN CRIMINAL JUSTICE
Questions of legitimacy and issues of compliance lie at the heart of criminal justice systems and policies. Recent years have seen greater recognition and awareness of the essential role of legitimacy, trust and public confidence in underpinning the effectiveness of criminal justice practices and institutions. As such, experiences and perceptions of legitimacy have direct implications for compliance, whilst securing public compliance remains a pivotal challenge for systems of crime control. Exploring the hitherto neglected links between legitimacy and compliance raises crucial questions about the effectiveness of criminal justice and points to ways in which both elements might be enhanced.
This book brings together leading international scholars to consider a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and social regulation. It presents an inter-disciplinary dialogue and debate that combines insights from criminology, psychology and socio-legal studies drawing together conceptual analysis with empirical research findings in relation to policing, anti-social behaviour interventions, community penalties, electronic monitoring, imprisonment and tax avoidance. In so doing, the book presents advances in theory and conceptual understandings of compliance and legitimacy within systems of crime control.
The contributors highlight the importance of normative and social dimensions to compliance as well as the constructive role played by experiences of procedural fairness and legitimacy in systems of justice. This cutting-edge collection of essays will be invaluable reading for all those interested in thinking critically about the future of criminal justice policies and practices including academics, researchers and criminal justice practitioners.
Adam Crawford is Professor of Criminology and Criminal Justice in the Centre for Criminal Justice Studies at the University of Leeds. He is Director of the Security and Justice Research Group of the Building Sustainable Societies transformation project and Pro-Dean for Research and Innovation in the Faculty of Education, Social Sciences and Law at the University of Leeds. He has written and researched extensively on youth justice, policing and anti-social behaviour, as well as restorative justice, crime prevention and community safety.
Anthea Hucklesby is Reader in Criminal Justice and Deputy Director of the Centre for Criminal Justice, University of Leeds. Her research interests lie in the operation of criminal justice process and its treatment of suspects, defendants and offenders.
LEGITIMACY AND
COMPLIANCE IN
CRIMINAL JUSTICE
Edited by Adam Crawford and
Anthea Hucklesby
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2013 Adam Crawford and Anthea Hucklesby; individual chapters, the contributors
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Legitimacy and Compliance in criminal justice/edited by Adam Crawford
and Anthea Hucklesby.1st ed.
p. cm.
Includes bibliographical references and index.
1. Criminal justice, Administration of. 2. Compliance. I. Crawford,
Adam.
II. Hucklesby, Anthea.
HV7419.C66 2012
364.0681dc23 2011050780
ISBN: 978-0-415-67155-2 (hbk)
ISBN: 978-0-415-67156-9 (pbk)
ISBN: 978-0-203-11399-8 (ebk)
Typeset in Bembo by
Florence Production Ltd, Stoodleigh, Devon
CONTENTS
Introduction: compliance and legitimacy in criminal justice
Adam Crawford and Anthea Hucklesby
Legitimacy and compliance: the virtues of self-regulation
Tom Tyler
Compliance with the law and policing by consent: notes on police and legal legitimacy
Jonathan Jackson, Ben Bradford, Mike Hough and Katherine Murray
Legitimacy of penal policies: punishment between normative and empirical legitimacy
Sonja Snacken
Questioning the legitimacy of compliance: a case study of the banking crisis
Doreen McBarnet
Resistant and dismissive defiance towards tax authorities
Valerie Braithwaite
Liquid legitimacy and community sanctions
Fergus McNeill and Gwen Robinson
Compliance with electronically monitored curfew orders: some empirical findings
Anthea Hucklesby
Implant technology and the electronic monitoring of offenders: old and new questions about compliance, control and legitimacy
Mike Nellis
Sticks and carrots and sermons: some thoughts on compliance and legitimacy in the regulation of youth anti-social behaviour
Adam Crawford
LIST OF ILLUSTRATIONS
Figures
Tables
NOTES ON CONTRIBUTORS
Ben Bradford is a Career Development Fellow in Criminology at the Faculty of Law, University of Oxford. He was formerly a LSE Fellow at the Methodology Institute, London School of Economics. His research applies issues of trust and legitimacy to the police and other criminal justice institutions.
Valerie Braithwaite is a Professor in the Regulatory Institutions Network in the School of Regulation, Justice and Diplomacy at the Australian National University, Canberra, where she studies psychological processes in regulation and governance.
Adam Crawford is Professor of Criminology and Criminal Justice at the Centre for Criminal Justice Studies, University of Leeds and Director of the Security and Justice Research Group of the Building Sustainable Societies Transformation Project at the University of Leeds.
Mike Hough is Director of the Institute for Criminal Policy Research. Mike has published on a range of criminological topics including probation work, youth justice, policing, crime prevention and community safety, anti-social behaviour, probation and drugs. He was the President of the British Society of Criminology (20082011).
Anthea Hucklesby is Reader in Criminal Justice at the Centre for Criminal Justice Studies, University of Leeds. Her research focuses on criminal justice responses to suspects, defendants and offenders. Her recent work has included empirical studies of electronic monitoring, bail support schemes and pre-charge bail.
Jonathan Jackson is a Senior Lecturer in Research Methodology at the Methodology Institute and member of the Mannheim Centre for Criminology at the LSE. Jon would like to thank Cambridges Institute of Criminology and New York Universitys Department of Psychology for hosting him during the period in which he was working on this chapter.
Doreen McBarnet is Professor of Socio-Legal Studies at the University of Oxford. She is a member of the Centre for Socio-Legal Studies and Fellow of Wolfson College, Oxford. From 2008 to 2010 she was a Visiting Professor at Edinburgh Law School.