Lisa Anderson talks about the probation service and its role in integrating prisoners back into society. Lisa uses two case studies to discuss the work of the probation service and the impact of investment/work with prisoners. Lisa is a Senior Probation Officer with the Probation Service. She has over 20 years’ experience in the field of social work and criminal justice, and holds an MSc in Social Work from UCD and an MSc in Criminology from the University of Wales. Prior to her work as a Probation Officer, Lisa worked in residential care with children and teenagers, as well as in projects targeting young, drug-using homeless people. As a Probation Officer, Lisa has worked with people both within a prison setting and on probation supervision in the community. She places empowerment and the building of meaningful and respectful relationships with clients at the core of her practice. She strives to help people build motivation to make positive changes to their lives and to develop ways of sustaining these changes.
Author: Norbert Flasko
The Japanese conundrum of retaining Capital Punishment
Globally the use of capital punishment is declining steadily (Johnson, 2019). By 2019, less than one-third of the countries in the world kept death penalty in their legal system, and in practice most of the executions carried out by a few countries: China, North Korea, Iran, Saudi Arabia, Iraq, Egypt, and in the United States (US). In the US, several states abolished death penalty in recent years, furthermore the number of executions also decreased significantly (Death Penalty Information Center, 2021). This worldwide trend regarding death penalty continues today. In this international context, Japans’ retentionist attitude towards capital punishment is exceptional and ambivalent.
Historically, Japanese society practiced death penalty until 810, when the nation ended capital punishment and became the first abolitionist nation in world. Almost 350 years later, the execution of Minamoto no Tameyoshi – an unprecedented violation of Buddhist values – resurrected this ancient form of punishment (Johnson, 2006; Schmidt, 2002).
As a developed democracy, Japan retains and carries out death penalty to this day, while other wealthy and democratic nations abolished this form of punishment from their Criminal Justice System (CJS). Compare to the US, Japan’s democracy and state is centralised, the penal system is unified, and its history is not tainted with racial tensions, which would have made abolition of the death penalty achievable, like in other European countries (Hammel, 2010). Another difference is that “the secrecy that surrounds capital punishment in Japan is taken to extremes not seen in other nations” (Johnson, 2006, p.251), as former Minister of Justice Hideo Usui stated: it is “simply not a social issue” (Struck, 2001: A1) while in the US for instance this issue is openly discussed and debated (Bohm, 2003).
Furthermore, if we consider history and political settings we find similarities between Western Europe and Japan. In Europe, after the collapse of authoritarian regimes the capital punishment was abolished, while in Japan it persisted. Likewise, after liberal and left leaning governments got elected, for instance in the United Kingdom and France, the capital punishment ended in those jurisdictions, whereas in Japan it remained almost the same (Ditton, 2004).
In the social context, Japan’s retention of death penalty seems to be a riddle, in comparison to the US and Europe. In terms of homicide rate, in Japan it is around 90% lower than in the United States, also it is lower than in the abolitionist European countries (Leonardsen, 2004). We can argue that the high murder rate in the US can explain capital punishment, while lower homicide rate in Europe explain abolition of such sentence. However, Japan – regardless having one of the lowest crime rate in the world – still retains its capital punishment. Furthermore, in terms of socio-economic inequality Japan presents a more equal and homogenous state and society than the US, where social, economic and racial differences may explain the retention of capital punishment (Ogletree and Sarat, 2006). While, both countries’ death row is filled with socially and economically disadvantaged people, inequality does not explain the retention of such institution.
So, what is the answer to this conundrum? One possible explanation is the role of the state and existing cultural and political institutions and practices (Bessler, 2012; Johnson, 2006). As capital punishment is the monopoly of the state, first we must understand its context, perspective and nature; in order to comprehend the retention or abolishment of such sentence.
After the Second World War, Japan did not abolish its capital punishment, compare to numerous European and Asian countries when their respective authoritarian regimes fell. During the US Occupation, Japan underwent a significant transformation including regime change, property, judiciary, and equality reform; however altering or abolishing death penalty was not part of the agenda. Conversely, the American occupation of West Germany led to the abolishment of the capital punishment in 1949. It is likely, that US officials influenced and retained death penalty in order to punish Japanese “war criminals”, which implies in a post-war situation, when the victor desires retaliation, retribution and vengeance this form of punishment more likely to be preserved (Johnson, 2020).
Furthermore, after the end of US occupation practices around capital punishment became shrouded with silence and secrecy. This effectively stripped offenders’ right to be notified of the date of the execution, see their family, participate in religious practices and sort out their last will (Johnson, 2006). From 1963 onwards, the restrictions continued by limiting staff interactions with death row prisoners, isolating them even further. Talking, playing games and visitation became prohibited and officials were less willing to disclose any information regarding practices of capital punishment (Johnson, 2006).
The secrecy of executions in Japan indicates lack of accountability and transparency, therefore it indirectly undermines Japan’s democratic system, compare to the US, where the death penalty is a highly contentious and transparent institution. This secrecy justified by the isolation of the offender, so they can prepare and accept the inevitable death with privacy, dignity and honour; at the expense of democratic values above. Secondly, silence creates consistency and ‘stability’, but also uncertainty – as they do not know when they will be executed – which deteriorates the mental health of death row prisoners (Kaga, 1980). In terms of prosecutor’s view, we can find conflicting opinions regarding justifications of secrecy and capital punishment. According to Shimizu (2002), some prosecutors believe secrecy is currently the ‘best’ practice they can do, while others would favour abolition of capital punishment. Some, expressed preference towards more transparency and ‘confidence’ in the system, as the Japanese CJS ‘is the best in world’, hence secrecy is unnecessary.
Another possible explanation lies in Japan’s conservative government being in power since 1955, with only a few minor interruption. However, even during those periods nothing changed in practice regarding capital punishment, despite such promises and public denunciation of executions. In Europe and in US, abolition occurred under liberal-left leaning governments, with the exception of conservative Nebraska in 2015, however it was reinstated in the following election (Death Penalty Information Center, 2021). Therefore, the dominating and enduring conservative politics in Japan contributed to the preservation of death penalty (Johnson, 2020).
Geopolitics also a driving force of Japan’s retention of capital punishment, especially since it become a global economic power (Johnson, 2020). Similar to the US, Japan’s political and economic power and influence limits organisations, like the United Nations (UN) to impose international law, human rights or significant sanctions on to the country. Powerful nations rarely allow external influence; they support agendas that serve their own interest and ignore others. For instance, US torturing prisoners in the name of “war on terror”, China’s oppression of free speech, whaling in Japan and the retention of death penalty by all of these jurisdictions. Therefore, it is not a surprise that the worldwide trend and dynamic of abolition has not been able to influence Japan’s capital punishment policy and practice. Furthermore, the Japanese government embrace “self-sufficiency” as a virtue, which disregards and prevents any external influence. Conversely, as Japan shadows US foreign policy its abolition of death penalty also depends and reflects on America’s attitude towards such punishment. As long as the world leading democracy executes its own citizens, the US legitimise other countries’ capital punishment. If the US would completely abolish death penalty in every State, Japan high likely to follow and also end capital punishment. However, there is a small possibility that Japan would not conform and act similarly to whaling, where Japan rejected the international consensus and resumed commercial whaling (Ogletree and Sarat, 2009). As of today, the status quo has not changed amongst the world leading powers regarding capital punishment, therefore until the US stops executing criminals, Japan will not receive much foreign or domestic pressure to reconsider abolition.
Domestically, capital punishment is approved, validated and supported by the general public, the Government and the constitution altogether. This notion has been reaffirmed by several polls, stating deterrence and retribution is the main reason for support (Schmidt, 2002), which is often used by the Government justifying the retention of capital punishment (Hood and Hoyle, 2015; Johnson and Zimring, 2009; Lane, 2005, Schmidt, 2002). This populist and retributive sentiment above has been echoed by politicians, government officials, lawyers and judges over the years (Lane, 2005; Foote, 1992).
In contemporary Japan, rehabilitation is the conventional and most supported approach to discipline and reform offenders (Braithwaite, 1989), however regardless this consensus on alternative form of punishment to death penalty, the inhumane nature and possible wrongful conviction are the two main reason people oppose executions in Japan (Schmidt, 2002). In the 80’s several death row convicts were acquitted, which caused significant doubt and concern regarding capital punishment (Lane, 2005; Schmidt,, 2002), still today the majority of citizens support such sentence (Hamai and Ellis, 2008; Lane, 2005; The Death Penalty Project, 2013), while only 6% would abolish capital punishment (Japan Times, 2005).
From the 90’s, as a consequence of police scandals, media attention and changes in crime reporting, it has been significant increase of reported violent offences. Conversely, a 2004 victim survey found falling victimisation rates (Hamai and Ellis, 2006; 2008). Regardless these conflicting data, the perception of rising crime-rate amongst the public has been increased unquestionably (Hamai and Ellis, 2006; Lane, 2005). As a result, stakeholders of the CJS have become more punitive, which increased the prison population and public support for capital punishment (Hamai and Ellis, 2008; The Death Penalty Project, 2013).
Furthermore, several studies have found that men are more supportive of capital punishment, while other papers argued the opposite. Similarly, research showed no significant influence of age or religion towards death penalty. A single paper showed increased support by age amongst lawyers (Schmidt, 2002); Lane (2005) suggested Buddhism embrace ‘justified retribution’ through death penalty, while Johnson and Zimrig (2009) argued Buddhist principles are not compatible with such punishment. As in contemporary Japan, religion plays a minor role in everyday life, therefore it does not influence how people view capital punishment, not weigh in such argument (Schmidt, 2002). Conversely, according to Jiang et al. (2010) more than 80% of participants perceived Japan ‘has a great deal of crime’, they also found that deterrence is the ‘strongest predictor’ regarding their views on capital punishment, while in the US retribution is the main indicator. This can be explained by Japan being a collectivist society, where trusting the government is the norm (Foote, 1992; Jiang and Wang, 2008), therefore its view on deterrence and capital punishment high likely to influence public opinion (Hood and Hoyle, 2008; Jiang et al., 2010).
Government officials argue that the secrecy and silence around capital punishment is ‘tradition’, therefore change is not needed. However, this ‘traditional’ secrecy is not older than half a century. ‘Self-censorship’ may also behind this veil around executions, to present a positive image to the world; however in the light of international non-government organisations’ criticisms and campaigns towards Japan, this explanation is unconvincing (The Death Penalty Project, 2013).
From the point of view of the Government, capital punishment and the secrecy around it is retained in order to maintain order and stability and deter future offenders. Through this form of punishment, anxiety and fear may increase state power; directly by influencing the public’s attitude towards the government; and indirectly by affirming that capital punishment is the monopoly of the state and by making the state less vulnerable to criticism. Also, it may discourage citizens to hold the government accountable, which is problematic in a liberal democratic country (Flybjerg, 1998; Johnson, 2006). The State sees death penalty in Japan as a symbolic institution that validates public opinion – justified by low execution rate and its deterrent effect, therefore abolishing it would not be democratic. However, this argument is problematic as the concealment of capital punishment from the public’s eye contradicts and undermines the country democratic values, such as accountability and transparency.
Overall, most of Japanese citizens does not have formed opinion regarding capital punishment – however as most of them trust the Government, therefore they likely to align themselves with the state, and even those in favour of capital punishment are high likely to change their views when they learn more about the issue. That is why, secrecy and silence around executions is problematic as it contributes its retention and limits transparency and accountability around the subject. Therefore, as public opinion is not as one-sided as the polls shows regarding retention and justification of death penalty, the Government should consider revaluating the evidence.
However this change is very unlikely, regardless the fact that Japanese people prefer rehabilitation as punishment for offenders. The secrecy and silence that surrounds capital punishment in Japan prevents debate and discourse, the Government’s interest to retain the Status Quo keeps this shroud intact, and the domestic and geopolitical circumstances are restraining the State ability and will to change. Therefore, until the external conditions remain the same – for instance the US retains death penalty, the Japanese government will keep executions obfuscated and the public will not debate the retention or abolition of capital punishment, which result of continuation of executions, more secrecy and through this slow degradation of Japanese democracy.
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Cyber-enabled crimes – sexual offending against children
The nature of the different types of sexual offending against children
Online sexual offending against children is an ambiguous and controversial phenomenon, as it is include various behaviours, such a grooming, sharing indecent images of children (IIOC) or contacting other offenders with similar interest. Also, the role of the technology is argued amongst professionals, if it is a tool or an influencing and creative force that produced a new type of criminal. As the majority of young people use the Internet, it provide a wide range of opportunity for the offenders to contact their potential victims (Ybarra et al., 2004). According to the Child Exploitation and Online Protection Centre (2010), it has been an increase in sexual solicitations towards children in recent years online. Furthermore, the public and experts also became more aware of the issue, however there are many areas, such as the characteristics of the perpetrators, their communications, practices and risk factors that needs to be studied and researched further (Beech et al., 2008).
In term of risks, in regards of sexual offending against children there are several such as age, gender, sexual preference, ACEs (Felitti et al., 1998), relationships and digital behaviours. Adolescents (age between 13 and 17) spend more time online unsupervised than children (12 and below), use more social networking and messaging sites and more likely to be involved in risky sexual activities, therefore they are much higher at risk for online sexual offending (Baumgartner et al., 2010; Mitchell et al., 2007; Vaala and Bleakley, 2015). According to Wurtele (2012), it is easier to get sexual compliance from adolescents due to their attention seeking, inexperience, naivety and curiosity about sex and relationships. In regard of gender, girls are the majority of the victims of online sexual offences, which mirrors offline victimisation. Boys, on the other hand – as they are more likely to engage in risky sexual behaviour – are victimised online on a higher rate. LGBTQ+ minorities also at risk, as they often visit sex/gender related sites and online communities (Baumgartner et al., 2010; Jonsson et al., 2014; Wolak et al., 2009, 2010). Furthermore, teenagers with ACEs, history of abuse, mental health issues, loneliness, and with bad relationship with their parents are more likely to seek company online. Spending more time on the Internet without supervision may lead and increase the risk of victimisation (Mitchell et al., 2007; Wolak et al., 2010). In regard of risky behaviours online by children, such as visiting adult sites and chatrooms, engaging profanity, using sexually provocative language and nicknames and sexting are considerable factors of online sexual solicitation (Baumgartner et al., 2010; Wolak et al., 2010; Malesky, 2007).
There are two main types of online sexual offending, such as online grooming and proliferation of indecent images of children (IIOC). These cyber enabled crimes, compare to their traditional equivalent are operating a much wider scale through various forms of information communications technology (ICT).
Proliferation of indecent images of children (IIOC)
Defining ‘indecent’ could be quite challenging due the ambiguous nature of the notion: Protection of Children Act 1978 and Criminal Justice Act 1988 describes IIOC as still and moving images of an abused and/or exploited children. Before the Internet the possession, distribution and production of these images were quite a rare occurrence. According to Middleton (2009) images of child abuse multiplied due the development of technology, which also reduced the cost and detection such activities and increased their availability. In 2005, one third of all sexual offences were internet related in England and Wales, which is nearly five times increase since 1999 (Home Office, 2006). According to the Child Exploitation and Online Protection Centre (CEOP, 2012), possessing and managing IIOC are considered risky behaviour, which may also lead additional (physical) abuse. Pseudo images (digitally constructed photos) are also problematic, as they are artificially manipulated for instance a child’s face inserted on a woman’s body or the IIOC entirely built by an application therefore involve ‘no real victims’ (Quayle and Taylor, 2003; Davidson et al., 2010).
Online grooming:
This form of offence against children is defined as a process in which by the offender prepares the victim and the environment for the purposes of the abuse, for instance getting the child’s trust and compliance, also obfuscating the crime itself (Craven et al., 2006). O’Connell (2003) models online grooming as process made of the offender’s efforts regarding accessibility, opportunity and vulnerability. This research identified seven stages in this process, such as: friendship and relationship forming; risk assessment; exclusivity; sexual; fantasy re-enactment, and damage limitation. Furthermore, according to Bryce (2010) offenders and their activities are frequently overlap, for instance producers, consumers and distributors of IIOC are involved in several forms of exploitation and abuse simultaneously.
Types of offenders:
According to Bryce (2010) online offenders are not share many characteristics, except being male. On the contrary, Babchishin’s (2011) meta-analysis of online sex offenders indicates they are high likely to be young, single, jobless, Caucasian and high intelligence, also with no criminal record (Webster et al., 2012). The study categorised these criminals as intimacy seeking, adaptable and hyper sexualised offenders. In contrast, in a 2007 paper Howitt and Sheldon revealed that offenders often in a relationship and have children themselves. In regards to cover their online activities, offenders use various level of protection to hide their identity, communications and IIOC. Carr (2004) have found only a quarter of the offenders she interviewed used some kind of security measure, however nowadays more and more technology available for criminals (Tor for example) to hide their activities.
Strengths and weaknesses of policing/prevention strategies in regard sexual offending against children
In recent years, information and communication technologies (ICT), especially mobile phones, internet has become essential to adolescents’. ICTs provide a platform for education, entertainment, networking, also it could be a valuable resource for the disadvantaged and marginalised youth (Guan and Subrahmanyam, 2009). However, as ICT become more common, the risk it presents also become more extensive, such as invasion of privacy, cyberbullying, online grooming, sexting, dating abuse, and proliferation of IIOC (Zweig et al., 2013).
Prevention
To answer these cyber-enabled crimes, several prevention strategies, programs, guidelines and methods have been implemented. Several websites (such as https://www.nspcc.org.uk) has been created in order to inform parents and children in regards the risk and dangers online, and provide advice how to avoid them. They advise and warn about risky websites and behaviours, how to protect ones privacy and identity, offline communication and potential steps a parent can do to prevent victimisation.
In regards to sexting via mobile phones, there are numerous educational campaigns exist to raise the issues and consequences of such activity. However, as they focusing mainly sexting amongst children, they disregard such communication between adult and children, which is quite problematic. Overall, the existence of these online-safety related sites is a positive thing, however their usefulness, efficiency and impact is not known entirely (Wurtele et al., 20016).
Role of the Parents
According to Wildsmith et al. (2013) good relationship between parents and their children significantly reduce the risk of online victimisation. Furthermore, parental supervision also a protective element in relation to online safety (Whittle et al., 2013). As we discussed in the previous section, there are several online-safety website available for parents if they wish to access relevant material. However, these resources often amplify the risks online, such as kidnappings or sexting (Vaala and Bleakey, 2015), also they recommend to supervise and limit their children’s activity online and use protective applications. While these practices work with young children, adolescents are not limited to use one ‘safe’ device. In regard of sharing personal information, which is not directly related to online sexual offending (Finkelhol, 2014), it is highly recommended not to share on social media. Furthermore, there are few issues in regards prevention methods through parents, such as lack of knowledge or device at home, barriers to articulate and discuss a sensitive subject or existing domestic struggle. These factors exaggerate the risks of online sexual offending, therefore these children should be able access external help and support, through schools and other institutions.
Schools’ role in online safety
Another line of defence and prevention lies within the classroom, where information regarding ICT risks can be thought. They can provide a qualified personnel and the technology to deliver internet safety education to the children and allow class debate and discussion about online threats, prevention and virtual etiquette. Moreover, there are online education programmes, like iKeepSafe but they mainly focus on ‘panic driven’ advice and ‘untested assumptions’ in regard internet safety and victimisation (Finkelhor, 2014). Although, these initiatives have the tendency of victim blaming and sexist communication (Dobson and Ringrose, 2016). As these efforts focus on prevention, legal advice also should be given just as how to recognise online and offline sexual offences and how to respond to them appropriately (Wolak et al., 2009; Wolak and Finkelhor, 2013, Wurtele, 2012). However, adolescents instead of reporting online related sexual offending to authorities, they more likely to share it with their peers according to Katz (2013) and Whittle (2014). In reflection above, we can assert that education plays a critical role in prevention of online solicitation, however adolescents should be involved in a much greater degree, in cooperation with ICT actors and law-enforcement agencies.
Policing, Technology and Policy
Technology enabled crimes against children, such as online grooming or IIOC, however it also provide methods to prevent such crimes. Government and Law Enforcement bodies, like the Hi-Tech Crime Unit (HTCU), the Police Central e-Crime Unit (PCeU) and Home Office’s Centre for Applied Science (CAST) are working together to develop technological solutions to answer challenges of the Police, such as preventing online child abuse or investigate it (Lilley, 2016). Furthermore, Police use ‘forensic investigation tools’ (Association of Chief Police Officers, 2007) and search engines have embedded algorithms to reduce accessibility to IIOC through their platforms (Steel, 2015). The acknowledgement of unique strategies regarding online sex offenders become prevalent during UK’s first significant investigation of IIOC (Operation Ore) in 1999. In 2004, the National Probation Service for England and Wales considered banning sex offenders using ICT. In 2007, the Home Office recognised that issues regarding protection of children needs to be addressed according to ICT developments. They suggested policies with mandatory email registration, polygraph test and tagging for registered sex offenders. By 2010, these plans were discussed in the mainstream media (Beckford and Stokes, 2010) and tracking email addresses’ of sex offenders has been stopped due Human Right concerns. The notion of limiting offenders’ access online content has been tried in 2011, and the Court of Appeal stated:
‘A blanket prohibition on computer use or internet access is impermissible. It is disproportionate because it restricts the defendant in the use of what is nowadays an essential part of everyday living for a large proportion of the public, as well as a requirement of much employment’ (Regina v Smith (2011) EWCA Crim 1772)
Therefore, law enforcement agencies were required to utilise and develop alternative crime prevention methods in order to accommodate the legal, technological and professional requirements.
Situation specific crime prevention
Situational crime prevention theories in practice using ICTs to limit the offender’s ability to access IIOC (Taylor and Quayle, 2016). However this approach has its own limitations, such as the ‘hidden’ nature of the crime, the offender’s technological capability and the Internet itself, where the crime takes place. For instance, a monitoring software allows authorities to notice any wrongdoing, collect evidence and act immediately if necessary. However, offenders could avoid this detection with an unknown device for the authorities. Furthermore, resources of the Police are finite, therefore it needs to be optimised and existing technical and legal challenges to be resolved in order to apply successfully this prevention strategy (Lilley, 2016).
Non-situational crime prevention
This form of approach does not require a computer or other device with Internet connection as it is a more direct approach. Using tag (electronic monitoring) to monitor and track sex offenders, might deter, but not prevent someone to commit a crime. On the other hand, tagging could be an effective way to supervise low risk offenders and reduce reoffending, which may be a cost effective alternative to imprisonment (Padgett et al., 2006; National Audit Office, 2006). Apart from Gies et al. (2012) study, which shows that even high risk sex offenders comply more and offend less likely when monitored, there are limited research on this topic, especially in regard to reoffending, deterrence, effectiveness and how this technology alters the offenders’ behaviour (Criminal Justice Joint Inspection, 2012). Polygraph also can be used to observe sex offenders compliance and it can increase the quality of criminal history convicted offenders’ provide (Grubin et al., 2004). Conversely, the use of this technique has been critiqued by academics that it is ‘coercive’ and consent is ‘illusory’ (Bull et al., 2004), also it disrupts offenders’ rehabilitation (Wilcox, 2013).
Conclusion
In this limited version of Rapid Evidence Assessment (REA) cyber-enabled crimes, such as sexual offending against children and relevant policing/prevention strategies were evaluated. Within these topics, this paper focused on indecent images of children (IIOC), online grooming, the types of offenders, several prevention methods and techniques, legal and technological challenges. In terms of procedure and narrowing the available material, this REA used articles published in the US, UK and EU between 2010 and 2020, including all research methods. These literature were identified mainly in Web of Science and in Edinburgh Napier University LibrarySearch engine.
Technological developments influenced criminality and victimisation in the last two decades, creating new type of crimes, risks and challenges for authorities. Online sexual offending against children is one of these cyber-crimes, which gained attention from the public and academics considerably. Two main theme emerged in regard this offence: grooming and proliferation of indecent images. Both of these, target children where and when they are most vulnerable, unsupervised, having difficulties and/or unaware of the risks they taking. In regards the offenders, this scooping of articles have found several inconsistencies in their characteristics, such as their background and relationships. Furthermore, prevention methods of these offences are multi-agency, technology, legislation and resource dependent, with different level of success rate. Also, these approaches are often not well researched, therefore we don’t know much about their impact and efficiency on criminal behaviour and reoffending. Overall, this simplified REA have found that online sexual offences are prevalent and serious threats to children, but law enforcement agencies and legislative bodies aware of this issue and taking preventive measures. However, the sensitive and hidden nature of this type of crimes, also because the several legal and technological issues present, it is challenging to paint an accurate picture on this criminal activity, therefore it is more difficult to prevent it.
Policing Culture
The law is the foundation and the framework how and in which parameters the Police functions, but their subculture is which defines how the police behave, interact within and without the force, also influences their values, beliefs and competencies, therefore the police culture is a core notion to understand the behaviour and attitude of the Police. Several interpretations and definitions exist amongst academics, as it is a very complex and layered concept. Westley (1970) paints the civilians aggressive, hostile and unreliable, which explains the police’s solidarity, privacy and unity. It also linked to “strategies and tactics” (Holdaway, 1983, p. 2), “accepted practices, rules and principles of conduct” (Manning, 1989, p. 360), and the hierarchical structures of the police force (Chan, 1997).
On the organisational level, officers are taught the Culture, beliefs, values and competencies (Competency and Values Framework for Policing, 2016), and also got influenced by their colleagues as they convert this framework into practice. For instance, a new constable learns at the College the arrest procedure, and from their Field Training Officer how to react and handle hostile individuals.
There are three layers of this Organisational Culture (OC) according to Champoux (2006) and Schein (2004): artefacts, beliefs and values and underlying assumptions. Artefacts are easily observable, as they are on the forefront, the dress code, jargon, etiquette and ceremonies. Beliefs and values however are embedded within the organisation, actively influencing the actions and attitudes of the police. The third part unconsciously internalized within the force, like bravery, autonomy and ethos of secrecy (Gaines et al., 1997). The latter could mean for example: police officers should look after their partner, not interfere with other officers’ area or avoid reporting on their own. This creates a strong form of brotherhood, loyalty and solidarity amongst police officers.
These overlapping and often contradicting dynamics from the organisation and the subculture together causing stress, pressure, external and internal conflicts, which could lead certain behaviours within the Police, like cynicism, solidarity, suspicion, distrust, conservatism, isolation, pragmatism, bias and prejudice(Reiner, 2010; Skolnick, 1966).
Police Culture can function as a coping mechanism, but also could escalate these issues mentioned above, therefore it is important to address them accordingly. For instance Canteen Culture could play a role, where officers can express their concerns, worries in regard their job (Hoyle, 1988), show their human (not professional) side to their colleagues in a form of jokes and banter, which is usually not seen during their shift (Waddington, 1999). However, Holdaway (1996, 1997) argued that racism is rooted within this Culture, which contributing and reinforcing certain discriminating tendencies and labels.
Overall, Police Culture is a multi-layered notion, which consist of organisational and cultural values, beliefs, rituals and rules, tactics and regulations. They form and shape together the police personality (Berg, 1999), which is constantly under multiple forms of strains from internal and external factors. Furthermore, it creates a social class and subculture, which is somewhat isolated from the rest of the society, still an essential part of it, while constantly scrutinising and supporting it. As our society and culture constantly evolving and changing, the Police Culture got affected by it as well. However it is a difficult transformation as it is embedded in a rigid framework, and it cannot be forced (Schein, 2004). We can already see some progress, like community policing, changes in recruitment, discretion and policy making, which is a promising sign that a traditional Police Culture is capable of development, even if it is a slow process.
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Cyber Forensics – Fighting Cybercrime with Digital Evidence
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