Third Party Policing Third party policing represents a major shift in contemporary crime control practices. As the lines blur between criminal and civil law, responsibility for crime control no longer rests with state agencies but is shared with a wide range of organizations, institutions or individuals. The first comprehensive book of its kind, Third Party Policing examines this growing phenomenon, arguing that it is the legal basis of third party policing that defines it as a unique strategy. Opening up the debate surrounding this controversial topic, the authors examine civil and regulatory controls necessary to this strategy and explore the historical, legal, political and organizational environment that shape its adoption. This innovative book combines original research with a theoretical framework that reaches far beyond criminology into politics and economics. It offers an important addition to the world-wide debate about the nature and future of policing and will prove invaluable to scholars and policy makers. lorraine mazerolle is an Associate Professor in the School of Criminology and Criminal Justice at Griffith University. She is the author of Policing Places with Drug Problems (1999) and co-editor, with Jan Roehl, of Civil Remedies and Crime Prevention (1998). janet ransley is a senior lecturer in the School of Criminology and Criminal Justice, Griffith University. She has worked extensively in legal practice, and in providing research and policy advice for parliamentary and government agencies in Australia. Dr. Ransley is the co-editor, with Tim Prenzler, of Police Reform: Building Integrity (2003).
Cambridge Studies in Criminology Edited by Alfred Blumstein, H. John Heinz School of Public Policy and Management, Carnegie Mellon University and David P. Farrington, Institute of Criminology, University of Cambridge The Cambridge Studies in Criminology series aims to publish the highest quality research on criminology and criminal justice topics. Typical volumes report major quantitative, qualitative, and ethnographic research, or make a substantial theoretical contribution. There is a particular emphasis on research monographs, but edited collections may also be published if they make an unusually distinctive offering to the literature. All relevant areas of criminology and criminal justice are included; for example, the causes of offending, juvenile justice, the development of offenders, measurement and analysis of crime, victimization research, policing, crime prevention, sentencing, imprisonment, probation, and parole. The series is global in outlook, with an emphasis on work that is comparative or holds significant implications for theory or policy. Other Books in the Series: Life in the Gang: Family, Friends, and Violence, by Scott H. Decker and Barrik Van Winkle Delinquency and Crime: Current Theories, edited by J. David Hawkins Recriminalizing Delinquency: Violent Juvenile Crime and Juvenile Justice Reform,by Simon I. Singer Mean Streets: Youth Crime and Homelessness, by John Hagan and Bill McCarthy The Framework of Judicial Sentencing: A Study in Legal Decision Making, by Austin Lovegrove The Criminal Recidivism Process, by Edward Zamble and Vernon L. Quinsey Violence and Childhood in the Inner City, by Joan McCord Judicial Policy Making and the Modern State: How the Courts Reformed America s Prisons, by Malcolm M. Feeley and Edward L. Rubin Schools and Delinquency, by Denise C. Gottfredson The Crime Drop in America, edited by Alfred Blumstein and Joel Wallman Delinquent-Prone Communities, by Don Weatherburn and Bronwyn Lind White-Collar Crime and Criminal Careers, by David Weisburd and Elin Waring, with Ellen F. Chayet
Sex Differences in Antisocial Behaviour: Conduct Disorder, Delinquency, and Violence in the Dunedin Longitudinal Study, by Terrie Moffitt, Avshalom Caspi, Michael Rutter, and Phil A. Silva Delinquent Networks: Youth Co-Offending in Stockholm, by Jerzy Sarnecki Criminality and Violence among the Mentally Disordered: The Stockholm Metropolitan Project, by Sheilagh Hodgins and Carl-Gunnar Janson Why Corporations Obey the Law: Assessing Criminalization and Cooperative Models of Crime Control, by Sally S. Simpson Situational Prison Control: Crime Control in Correctional Institutions, byrichard Wortley Companions in Crime, by Mark Warr The Criminal Career, by Britta Kyvsgaard Gangs and Delinquency in Developmental Perspective, by Terence P. Thornberry et al. Early Prevention of Adult Antisocial Behaviour, edited by David P. Farrington and Jeremy W. Coid Violent Crime, by Darnell F. Hawkins Errors of Justice: Nature, Sources and Remedies, by Brian Forst Rethinking Homicide: Exploring the Structure and Process in Homicide Situations, by Terance D. Miethe and Wendy C. Regoeczi The Virtual Prison: Community Custody and the Evolution of Imprisonment, by Julian V. Roberts Understanding Police Use of Force: Officers, Suspects, and Reciprocity, by Geoffrey P. Alpert and Roger G. Dunham Marking Time in the Golden State: Women s Imprisonment in California, by Condace Kruttschnitt and Rosemary Gartner Economic Espionage and Industrial Spying, by Hedieh Nasheri
Third Party Policing Lorraine Mazerolle and Janet Ransley
cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge CB2 2RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521535076 C 2005 This book is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2005 Printed in the United Kingdom at the University Press, Cambridge A catalogue record for this book is available from the British Library ISBN-13 978-0-521-82783-6 hardback ISBN-10 0-521-82783-3 hardback ISBN-13 978-0-521-53507-6 paperback ISBN-10 0-521-53507-7 paperback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.
For Matthew and Jacob, LM For Nigel, David and Rachel, JR
Contents List of tables Acknowledgments page x xii 1 Governance, risk and crime control 1 2 Policing and the new regulatory state 23 3 Dimensions of third party policing 45 4 In the shadow of the law 65 5 Controlling drug problems 98 6 Controlling crime problems 128 7 Equity, side effects and accountability 171 8 Directions for the future 193 Notes 227 References 228 Index 250 ix
Tables 4.1 Changes in categories of law page 68 4.2 Legal frameworks for third party policing 74 4.3 Orders under the Crime and Disorder Act 1998 (UK) 79 5.1 Residential property owners as third parties in drug control 104 5.2 Commercial property owners as third parties in drug control 111 5.3 Third party policing to control drug problems in public housing 116 5.4 Third party policing, medical practitioners and the control of drug problems 120 5.5 Third party policing, function promoters and the control of drug problems 121 5.6 Odds ratio results for third party policing strategies targeting drug-related crime 125 5.7 Standardized mean difference results of third party policing strategies targeting drug-related crime 126 6.1 Third party policing, business owners and controlling violent crime 130 6.2 Third party policing, victims and controlling violent crime 139 6.3 Third party policing, public officials and controlling violent crime 141 6.4 Third party policing, service providers and controlling violent crime 143 6.5 Third party policing, local councils and controlling problems in public places 145 6.6 Third party policing, business owners and controlling problems in public places 150 x
LIST OF TABLES xi 6.7 Third party policing, business owners and controlling juveniles 154 6.8 Third party policing, parents and controlling juveniles 157 6.9 Third party policing, community members and controlling juveniles 160 6.10 Third party policing, businesses and controlling property crime 161 6.11 Third party policing, manufacturers and controlling property crime 164 6.12 Third party policing strategies targeting other crime (odds ratio) 168 6.13 Third party policing strategies targeting other crime (standardized mean difference) 169 8.1 Third party policing propositions 222
Acknowledgments Our thanks to colleagues David Weisburd and Peter Grabosky for their insightful comments on earlier drafts; to Ross Homel and the Key Centre for Ethics, Law, Justice and Governance for financial assistance towards completing the manuscript; to those at Cambridge University Press, particularly David Farrington and Sarah Caro for their patience in waiting for the final manuscript; to our research assistants Brigitte Bouhours, David Soole, Rebecca Wickes and Georgie Gardner; and to our colleagues at the School of Criminology and Criminal Justice at Griffith University. xii