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hammer6

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labelling


A Dictionary of Sociology; 1998; GORDON MARSHALL

labelling, labelling theory Labelling theory was a major thrust of the sceptical revolution in the sociology of deviance during the 1950s and 1960s. The orthodox criminology of the immediate post-war period, both in Britain and America, treated a crime or act of deviance as an unambiguous occurrence which could readily be explained as a product of individual psychology or (even) genetic inheritance. Crimes were committed by criminal types–people with particular psychogenetic attributes or socio-cultural backgrounds.

This positivist tradition was challenged by members of the Society for the Study of Social Problems (in the United States) and the National Deviance Conference (in the United Kingdom), who argued that the established criminology was biased because it favoured authoritative definitions of deviance, was overly deterministic in its view of what caused deviant behaviour, and was uncritical of the thesis that the deviant was a particular type of person. The orthodoxy posed only behavioural and motivational questions about crime: ‘Why did they do it?’; ‘What sort of people are they?’; and ‘How can we stop them doing it again?’. Labelling theorists introduced a new relativism into the study of deviance by addressing a number of definitional issues hitherto largely ignored: ‘Why does a particular rule, the infraction of which constitutes deviance, exist at all?’; ‘What are the processes involved in identifying someone as a deviant and applying the rule to him or her?’; and ‘What are the consequences of this application, both for the society and the individual?’

In this way, the labelling perspective can be seen as a development of Edwin Lemert's distinction (in Social Pathology , 1951) between primary and secondary deviance ; that is, between the initial behaviour (which may arise from a variety of causes), and the symbolic reorganization of self and social roles which may occur because of the societal response to any deviation from norms . The leading American proponent of labelling theory was Howard S. Becker, who argued in Outsiders (1963) that deviance is created by society, in the sense that ‘social groups create deviance by making the rules whose infraction constitutes deviance and by applying those rules to particular persons and labelling them as outsiders’. From this point of view, deviance is not a quality of the act a person commits, but rather a consequence of the application of rules: ‘deviant behaviour is behaviour that people so label’. Others (for example, S. Cohen in Folk Devils and Moral Panics , 1972) developed the proposition that labelling can induce amplification of deviance. That is, attempts at social control may stigmatize individuals by defining them in dehumanized ways (as thugs, acid-heads, or whatever), and have the unintended consequence of encouraging the deviance they seek to eliminate, by constraining individuals to employ a deviant identity as a means of defence, attack, or adjustment to the problems created by the societal reaction. In this way amplification may occur. An act of non-conformity or alleged deviance is defined as being worthy of attention and is responded to punitively; the deviant is therefore isolated from conventional society; begins to define himself or herself in deviant terms, and to associate with others in a similar position, leading to more deviance; which in turn exposes the group to further punitive sanctions by conformists.

Although labelling theory quickly generated an impressive body of empirical studies it was subjected to considerable criticism during the 1970s. The most common complaints were that it ignored the sources of deviant behaviour; could be applied to only a limited range of criminal activities; was too deterministic in its conception of the labelling process; and neglected issues of power and social structure . To those on the political right, the theory seemed tantamount to a claim that many criminals were in fact victims, more sinned against than sinning. It made societal reaction (especially the activities of the police, courts, and other agencies of social control ) the crucial variable. The accusation was often made that this new sociology of deviance seemed more intent on excusing than explaining criminal activity. Labelling theory was particularly vulnerable to this charge since it could be caricatured as offering a crude ‘no deviance, leads to slam on label, leads to deviance’ model of crime. This perception was heightened by the fact that the theory could most obviously be applied to expressive deviance, and for the large part victimless crimes, such as homosexuality, drug addiction, alcoholism, gang membership, and mental illness. The labelling perspective thus became known in some quarters as ‘the sociology of nuts, sluts, and perverts’.

Critics on the political left argued that the theory did not go far enough in its attack on the status quo. By directing attention towards lower-level agencies of social control–the media and social welfare departments for example–it ignored the governing e´lites in whose interests these institutions actually operated. Labelling theorists studied rule-enforcers rather than rule-makers. Their sympathy for the underdog was not translated into a systematic critique of private property and other allegedly repressive and exploitative structures of capitalist societies. Ironically, some of this criticism later emerged from within the National Deviancy Conference itself, among so-called radical criminologists such as Ian Taylor, Paul Walton, and Jock Young ( The New Criminology , 1973).

Much of this criticism was undoubtedly unfair and stemmed from a fundamental misunderstanding about the aspirations of the labelling theorists. The definitive defence of the theory is Ken Plummer 's ‘Misunderstanding Labelling Perspectives’ (in D. Downes and and P. Rock ( eds.) , Deviant Interpretations , 1979). Plummer points out that the labelling perspective was concerned only with the social processes governing the nature, emergence, application, and consequences of labels. For this reason it could easily be accommodated to studies of deviancy conducted from a variety of otherwise incompatible theoretical standpoints. Many labelling theorists worked within the interactionist tradition, which posits that society is constructed via an exchange of gestures, involving symbolic communication and the negotiation of meaning between reflexive actors. This general perspective is obviously consistent with the particular propositions of labelling theory. But some labelling studies were predominantly functionalist, phenomenological , dramaturgist , or ethnomethodological in character. It often transpired, therefore, that critiques of labelling theory were actually critiques of its supposedly irreducible interactionist, phenomenological (or whatever) premisses and propositions. In fact labelling arguments can be accommodated to a range of social theories.

Seen in this light many of the standard criticisms of the theory simply miss the point. Labelling theory does not identify the causes of primary deviance because it does not set out to do so: it offers an explanation of labels rather than of behaviour. Most exponents drew on other sorts of explanations to account for the primary deviance towards which societal reaction was directed. Not even Becker makes the claim that labels themselves are the root cause of deviant behaviour. Nor is there anything inevitable about labelling or amplification. The transition from primary to secondary deviance is a complicated process full of contingencies. Labels may be provisional, negotiable, or rejected. Similarly, it is unfair to complain that labelling theorists ignored large areas of deviant behaviour, since they clearly did not purport to offer a universal explanation for every known form of crime. Rather, proponents made the considerably more modest claim that labelling may alter the direction, intensity, and incidence of the deviant experience. At worst, therefore, labelling theorists can only be accused of setting themselves rather modest aetiological objectives.

Despite many new developments in the study of deviance since the 1970s, labelling theory has remained a prominent influence, especially in North America. Indeed, and ironically (given its radical roots), it may have become something of a new orthodoxy. See also CRIMINOLOGY, CRITICAL ; DEVIANCE AMPLIFICATION ; FOLK DEVIL ; MORAL PANIC ; SYMBOLIC INTERACTIONISM .

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Reply with quote  #47 

Police call centre lapse under scrutiny

19 April 2006

Police are being faced with some difficult questions after a call centre at Bilston Glen in the Lothian & Borders region was not able to answer non-emergency calls from the public between 7:30pm and 11:30pm on Monday.

It has been speculated that up to 360 calls may have been unanswered after a technical fault bugged the centre at Bilston Glen - reviving memories of the teething problems it experienced in February 2004, when 300 calls slipped through the net in its first three weeks of operation.

Iain Whyte, a local council Tory group leader who sits on the Lothian and Borders Police Board, told the Scotsman: "There has to be some kind of investigation into the technical aspects involved and I hope the police board will be given a full explanation.

"You have to make sure all the technical aspects are right and there are enough operators. It's worrying if technical problems are causing disruption to the service."

A spokesman responded by explaining that the cause of the problem is being looked into.

She said: "The problem was resolved and inquiries into the cause are ongoing. We would apologise to members of the public who could not get through to police on the non-emergency number.

"The emergency 999 service was completely unaffected as it runs on an independent system."

Last December the centre came under fire having answered only 77 per cent of 999 calls within ten seconds - 13 per cent shy of the target set by the Association of Chief Police Officers in Scotland.

http://www.centrex.police.uk/cps/rde/xchg/SID-3E8082DF-D5AD87FB/centrex/root.xsl/news.html

 

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‘We don’t want ranks for police specials’
The Scottish Police Federation is demanding that special constables be kept at arm’s length from regular officers, denying them rank or specific insignia.
Beating the path to a new job

 

Police specials are the ones who are not within the 'CIRCLE' and therefor would be more liable to spill the beans on ANY 'WRONGDOING' by the men in black.

 

The Scottish Police Federation (The Brethren of Alba) will want to continue the traditions of cover-up's,corruption and miscarriages of Justice and feel threatened by - 'OUTSIDERS' such as 'Special Constables'

 

The links above give you the Federation view so what do you think? 

 

QUOTE:

 

"Special constables and regular officers are different. They can offer the public and other police officers different levels of knowledge, skills, and expertise, and these facts should not be hidden by fully incorporating the special constabulary into regular force strength."

"The system in place just now works very well and we would see no benefit from re-introducing the rank structure back into the special constabulary. With the current structures we have no doubts that the special constabulary in Scotland will continue to go from strength to strength."

 



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Sir Willie Rae, Strathclyde chief constable, points out, "These people are teachers, ministers, housewives and businessmen and many others from every section of society".

 

Sir Willie Rae is well aware that these very people would not turn a blind eye to corruption in the Police Force so they MUST "be kept at arm's length from regular officers". Far TOO RISKY to let them into the CIRCLE.

 

------------------------------------------------------------------------

More Police BAD behaviour stories below 

------------------------------------------------------------------------

The Sunday Times January 15, 2006

Police face sack for jibe over 'pondlife'


A DETECTIVE is facing disciplinary action by his force for referring to a career criminal as “pondlife” in a private conversation with another officer.

The detective constable, who faces possible dismissal from his job, has been told that the criminal “might have been offended” had he heard the remark, although he was not present at the time.

The officer was informed that he will be subject to disciplinary action together with three colleagues — a detective sergeant, a uniformed sergeant and a constable — after covert video recordings were made of them at their police station in Nottingham. The other officers are accused of also using “inappropriate language” in private conversations.

All four have been taken off frontline duties that might bring them into contact with members of the public while they await formal decisions as to their futures.

The covert taping was being carried out by Nottinghamshire police to investigate alleged corruption by another member of staff. The officers facing disciplinary action are not suspected of any criminal activity and the fact that their comments were recorded was a coincidence.

However, the force’s professional standards department decided last year to place all four officers on so-called “regulation nine” notices signalling disciplinary action even though no complaints had been received from other staff or members of the public.

After the corruption inquiry has been concluded, the deputy chief constable, Howard Roberts, will review the allegations and decide whether to carry out a full inquiry which could result in the officers’ dismissal.

Critics have called the affair “ludicrous”.

Mick Taylor, chairman of the Nottinghamshire branch of the Police Federation, which represents rank-and-file officers, said: “There has been an accusation that some words have been said that may have caused offence to a career criminal if he had been present, even though he wasn’t.

“This is a man of the criminal fraternity who has a number of convictions. So it does seem ludicrous that we have to go to these levels, but that is the way life is now.

“This was a private conversation between colleagues and surely people have got a right to that? A personal view is that if no members of the public or work colleagues have made complaints, then I question the need for disciplinary action.”

The officer accused of corruption offences, PC Charles Fletcher, who faces a charge of conspiring to commit misconduct in a public office and two counts of conspiracy to pervert the course of justice, is due to be tried later this year.

Taylor said: “Now the officers on the disciplinary notices will have to wait until after the corruption inquiry is finished and all trials conducted before the video-taped evidence can be examined and that may take a long time.

“Some of these officers have got 20 or more years of service and commendations to their name and they don’t deserve to have this hanging over them for so long.”

A source close to the four officers said: “It is difficult enough for officers to carry out their frontline duties without having to battle political correctness as well.”

A Nottinghamshire police spokesman said: “We can confirm that four members of staff have been served with regulation nine notices, which informs (them) they are being investigated on internal professional misconduct matters.”

-------------------------------------------

The Times February 20, 2006

Police keep jobs despite racist e-mails


The maximum penalty imposed on Merseyside officers who sent offensive images was a £360 fine

ANTI-RACIST campaigners and black police officers yesterday criticised a police force that allowed white officers who circulated overtly racist e-mails to keep their jobs.

Images sent by Merseyside officers included the head of a gorilla superimposed on a black woman in a bikini and entitled “Miss Africa”. Another showed the decapitated head of a black man who died after jumping on to a metal fence during a police chase. It was captioned: “Don’t run from the police.”

A third featured white eyes and teeth on a black background with a caption suggesting that it depicted a night scene in Harlem, New York.

After an investigation by Bernard Hogan-Howe, the Chief Constable of Merseyside, ten uniformed officers and three civilian workers were issued with written warnings or fines, the highest being the loss of three days’ pay — about £360.

Yesterday the Commission for Racial Equality (CRE) criticised the outcome of the disciplinary process as “disturbing” and said that it would begin an inquiry into the affair.

Keith Jarrett, the president of the National Black Police Association, called the punishments “derisory”. “Docking officers just three days’ pay for these vile e-mails is an absolute disgrace,” he said. “We need a clear uniformity of punishment across all police forces for acts like this and at the moment there isn’t one.”

Mr Jarrett said that the officers should have been dismissed to send a message about racism in the police. Merseyside should have followed the example of Greater Manchester Police, which dismissed four officers last year for exchanging a racist joke by text message, he said. A CRE spokeswoman said: “As yet we have not received any complaints regarding this police force. We do find these reports disturbing and will be making further inquiries to clarify the facts. Once we have established this, we will then consider our next steps.”

The disciplinary inquiry was supervised by the Independent Police Complaints Commission, but the outcome was decided by the Chief Constable of Merseyside.

Merseyside Police defended their investigation into the material, and said that their inquiry, which concluded in March last year, was a “cultural watershed” for the force.

The row over punishments escalated yesterday after precise details of the e-mails came to light.

A spokesman for the force, one of Britain’s largest, said: “We have new policies in place to prevent this kind of behaviour in the future, and all staff are now aware that anyone breaching the mail policy will face the severest of penalties.”

The force admitted that the e-mails were “grossly offensive” and included racist, homophobic, sexist and pornographic material. More than 400 officers were given letters of advice about e-mail use.

The latest row comes seven years after the Macpherson inquiry into the racist murder of the black teenager Stephen Lawrence in South London concluded that the Metropolitan Police was “institutionally racist”. It is likely to raise concerns that police are still failing to crack down on racist officers.

A Home Office spokesman said that the Government was determined to tackle racism in the police and was committed to working with the service and police authorities to prevent it.

John Denham, the Labour chairman of the Home Affairs Select Committee, said: “There needs to be consistency and the least we should expect is that for clear racist behaviour these people are dismissed from the Police Service.”

  • Almost a third of black and Asian people fear that they could be subjected to police harassment if they made a complaint against the police, according to a study for the Independent Police Complaints Commission. Fewer than one in five white people think that they might be similarly singled out.
  •  

     

     

    hammer6

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    Reply with quote  #50 
    • The PIRT has been designed in a way so that the skills they involve are those used in the job.
    • The PIRT is carefully designed so that they are fair to all applicants.
    • Using tests helps to ensure that the right kinds of people with relevant skills are selected to be Police Officers.
    • It tests the applicant to make decisions quickly, a skill which is put to use every single time you go out on shift.

    Unfortunately many people fail the PIRT for many reasons which are unavoidable. Many, if not all of these reasons can be overcome with some careful planning prior to taking the PIRT. Common causes for under performance on the PIRT include:

    • Nervousness
    • Being unfamiliar with the questions being asked
    • Pressure of having to work quickly & accurately
    • Poor test technique

    Preparation for the test itself is crucial. The use of practice books such as those listed at the bottom of this screen are excellent ways in which to prepare for the PIRT.

    Some ways to help prepare for the various elements of the PIRT

    Verbal Tests
    Read books and newspapers. Play word games. Do crosswords and verbal puzzles.

    Checking Tests
    Use catalogues and timetables. Check football results. Play games involving checking numbers and letters at speed.

    Numerical Tests
    Practise doing simple arithmetic without using a calculator. Do number puzzles. Do the scoring when playing games such as darts, card games etc.


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    Reply with quote  #51 
    BBC NEWS Wednesday, 26 April 2006
     
    Film shows police 'watching porn'

    Police officers who were secretly filmed watching a pornographic video on duty could face disciplinary action.

    Chief Constable Matt Baggott

    The chief constable said the film revealed 'unacceptable attitudes'
     

    Leicestershire's Chief Constable Matt Baggott, who has watched a "rough cut" of the Channel Four documentary, has apologised for the behaviour.

     

    We will take firm but proportionate action to deal with issues raised
    Chief Constable Matt Baggott

     

    Reporter Nina Hobson, a former policewoman, went undercover at the force for a Dispatches programme.

     

    Mr Baggott said: "The footage contained examples of incidents ranging from poor behaviour to unacceptable attitudes."

    The chief constable added: "I apologise for the poor behaviour shown in the documentary. And we will accept criticism wherever it is justified.

    "I need to be clear that such attitudes and behaviours have no place in a modern professional police service.

    "They also do not represent what is the 'norm' in the Leicestershire Constabulary.

    "We will take firm but proportionate action to deal with issues raised."

    Pornographic video

    A force spokeswoman said this meant the officers involved could be disciplined.

    The film shows male officers watching a pornographic video late at night whilst on duty.

    Ms Hobson said her four-month investigation also exposed derelictions of duty, including officers on patrol playing "hide-and-seek" in their cars and fetching takeaways while pretending to be busy.

    Mr Baggott said he was disappointed the documentary portrayed "a very small group of targeted individuals" as being representative of his force.

    Ms Hobson, who is unemployed after leaving the force, has defended her decision to be a whistleblower.

    'Absolutely disgusting'

    The 35-year-old mother-of-two, from Norfolk, first became a police officer in 1990.

    She left 11 years later before rejoining in March 2005.

    She would not reveal how much she was paid for her investigation, but admitted her foray into journalism had ended her police career.

    "I had a career in the police force and I became disillusioned, not with the officers necessarily but with the organisation," she said.

    Commenting on the actions of the officers watching the video she said: "I think it's absolutely disgusting."

    Dispatches: Undercover Copper will be broadcast on Channel 4 on Thursday at 2100 BST.

     

     

     

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    Reply with quote  #52 

    Hi Magpie, I think this sort of attitude by the police is not confined to the force in question as it smacks of absolute deviant contempt for every single police force in the UK.

     

    OK some are worse than others but this UNDERCOVER work will show the PUBLIC what really goes on behind closed doors.


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    Reply with quote  #53 

    Times Online April 28, 2006

    Police failed woman whose throat was cut by boyfriend


    Hayley Richards

    A series of blunders by the police been blamed for the failure to arrest a man who later went on to murder his pregnant girlfriend.

    Hayley Richards, 23, called Wiltshire Police when she was attacked by her Portuguese boyfriend Hugo Quintas at her flat in Trowbridge in June 2005 and needed hospital treatment for neck injuries.

    Ms Richards had told officers she was "petrified" of the factory worker and feared he would "go mad" if he found out she had rung police.

    But despite telling police where they could find him, an officer was sent to a report of a dog locked in a car instead of going to arrest him. Six days later Quintas cut her throat.

    The Independent Police Complaints Commission (IPCC) has upheld two complaints by Hayley Richards’s family against the police. It found institutional failings and a poor investigation led to the failure to arrest.

    Wiltshire Police have apologised and said lessons would be learnt and a police sergeant and a civilian member of the force are said to be facing disciplinary action over the case.

    The Chief Constable of Wiltshire Police, Martin Richards, said that he was "deeply sorry" for the mistakes that were made.

    He also accepted that his force’s investigation into the initial assault on Miss Richards was "below the standard she had a right to expect".

    In a statement released this morning, he said: "As the IPCC has pointed out, there were some aspects of that investigation which were poor, and there was certainly one occasion, when Hayley rang police to tell us Quintas’s whereabouts on June 7, that we had a good chance of arresting him but we didn’t act fast enough.

    "In essence, at that moment, we made the wrong decision and for that I am deeply sorry."

    He said the force had already made changes in line with the IPCC recommendations about training, supervision and support provided to staff.

    "This force has been praised by independent assessors for the way in which it deals with domestic violence and on an annual basis we have helped thousands of victims. But our response to Hayley’s call for help fell short of what she had a right to expect.

    "No-one could ever have foreseen or predicted that Quintas would kill Hayley. The IPCC reaches the same conclusion.

    "Even if we had arrested Quintas following the assault, it can only be a matter of speculation whether that would have changed his intentions or behaviour. But we could have done more for Hayley."

     

    Quintas fled to Portugal the day after the murder. Following an international manhunt, he was arrested by Spanish border police. Last month he was jailed for life.

    Miss Richards’ brother, Paul Richards, said his family remains devastated by her death. "We feel bitter and angry about the week before Hayley was murdered," he said.

    "We do feel that Wiltshire Police should change their policies and everything else to make sure no other family goes through what we have gone through."

    He called for the force to react with greater urgency to reports from alleged victims of domestic violence, specifically recommending "a quicker response to phone calls and the prioritising of how they do certain cases".

    The IPCC Commissioner, Ian Bynoe, said that Wiltshire Constabulary’s response to Miss Richards’ report of a serious assault was "not good enough" and it had "failed to give a victim of domestic violence the priority and protection she deserved."

    "There were two occasions when Hayley’s attacker could have been arrested - once when Hayley rang the police to report that Quintas was in a local pub, and later when two traffic officers stopped Quintas in his car," he said.

    "We cannot say whether these lost opportunities led to her death, but our report has made recommendations to Wiltshire to ensure that better procedures are put in place to give officers the training and information they need to protect victims of domestic violence."

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    Reply with quote  #54 

    Hi Magpie... thanks for your post with regards to 'Deviant Behaviour Of The Police', and the article about the very tragic and unnecessary death of Hayley Richards, at the hands of her abusive partner.

     

    Her phone call to the police, and the subsequent way in which the information she had to convey was handled, was absolutely disgusting, and that a call concerning a dog locked in a car should take priority over the fact that this woman feared for her safety, and obviously, quite rightly so, the police should have to pay severe consequences for this one. And incidentally, should calls concerning the well being of animals not be directed to the RSPCA?  Or does the safety of a human life come second to an animal's well being?  In this case, it would certainly seem so.

     

    Featured in article:

    The Chief Constable of Wiltshire Police, Martin Richards, said that he was "deeply sorry" for the mistakes that were made.

    He also accepted that his force’s investigation into the initial assault on Miss Richards was "below the standard she had a right to expect".

    In a statement released this morning, he said: "As the IPCC has pointed out, there were some aspects of that investigation which were poor, and there was certainly one occasion, when Hayley rang police to tell us Quintas’s whereabouts on June 7, that we had a good chance of arresting him but we didn’t act fast enough.

    "In essence, at that moment, we made the wrong decision and for that I am deeply sorry."

    Deeply sorry?  Is that the best they can do in this case?  An apology will not compensate for the devastating loss of Miss Richards' life, which could have been avoided if the police had been doing their job correctly. 

     

    I'm sure I speak for all when I say that our thoughts are with the family of Hayley Richards.

     


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    Police face inquiry over response to murders

    Vikram Dodd
    Friday April 28, 2006
    The Guardian


    Police are to face an investigation over claims they took up to an hour to arrive at the scene of clashes which led to two brothers being brutally murdered in Tooting, south London.

    The Independent Police Complaints Commission will oversee an investigation into events leading up to the killing of Hayder Ali, 23, and Mohammad Ali, 24, early on Saturday.

     

    Residents said they heard a disturbance and called the police, but officers did not arrive until it was too late.

     

    Three people appeared in court yesterday charged with the brothers' murder. A total of five people have been charged with murder.

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    Hi Magpie...thanks for your post with regards to 'Deviant Behaviour Of The Police', in which the article highlighted that the police are to face an investigation after taking up to an hour to respond to a disturbance call, which subsequently left two brothers murdered.

     

    So what were they doing this time that took precedence over a disturbance which clearly was severe enough for someone to call the police?  Rescuing a cat from up a tree?  Stopping in at the local Chinese? Or just sitting about on their arses, not deeming the call important enough? Not wishing to make light of such a serious issue, it would seem that the police choose when, and indeed, if, to respond to particular situations, and as a result, two more lives have been unnecessarily lost.

     

    How many more situations like this are we going to see?  Hayley Richards lost her life at the hands of her abusive partner, which the police could have prevented had they taken the correct action when they had the opportunity.  And here we have another case which has resulted in the death of not one, but two people.

     

    An investigation is what is needed, and questions need to be answered.  For example, when a concerned or scared member of the public calls the police for help, where are they and what are they doing? As they are clearly not doing the job that they are paid to do.

     

     


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    The Sun 2nd May 2006

     

    Net ban for Cops

     

    A Police chief has banned bobbies from surfing the net at work to slash time-wasting.

     

    Essex chief constable Roger Baker says they spend too much time on computers instead of catching crooks.

     

    Police Authority chairman Robert Chambers said: "He's trying to stop the unnecessary use of computers when it's not work-related."

     

    The move will save cash and follows Mr Baker's ban on staff emailing each other on Wednesdays and Fridays.

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    Gary McKinnon's bail conditions - banned from using "any computer connected to the internet" - does this mean phones as well ?

    Gary McKinnon has met today with his legal solicitors Kaim Todner, and has been given printouts of the various bits of correspondence and messages of support which have been forwarded to him via their office.

    What is still missing is a written copy of the Bail Conditions.

    Apart from the £5000 bail, and the restriction on applying for a Passport or travel document, which are fair enough conditions to ensure his appearance at the next extradition hearing, there is also the controversial ban on using the Internet.

    He also has to sign in to a Police Station every day, and to sleep at his home address, although there is no curfew, per se.

    It does appear that the District Judge Christopher Pratt said that Gary was banned from using "any computer connected to the internet".

    Presumably the Judge does not understand that nowadays, in the 21st century, every Mobile Phone and Plain Old Telephone System landline, is part of a "computer connected to the internet". Was it really his intention to impose such a draconian bail condition ?

    Gary has had literally years since his first arrest, when he could have abused his unrestricted access to the internet or to the phone system, but obviously, he has not done so. What possible bearing does this bail condition have on the forthcoming extradition hearing ?

    For an IT worker this also makes finding a job almost impossible, and it hampers his attempts to gather support for his legal defence. Since the prosecution are not similarly constrained from using the internet, this "inequality of arms" could be construed as breaching Article 6 of the European Convention on Human Rights, the right to a fair trial, as enacted by the UK Human Rights Act 1998.

    As with the people currently under Prevention of Terrorism Act 2005 Control Orders, if there is reasonable suspicion of involvement in further alleged serious crimes, then the authorities can apply for a phone and or internet tap warrant signed by the Home Secretary. Banning someone from using the Internet or a Phone would be counterproductive, in terms of any intelligence gathering.

    If such a warrant is already in place, on Gary's exisiting mobile phones and internet accounts, in order to see if he complies with the bail conditions, then he might as well be allowed to make use of them, knowing for sure that they are being monitored, and that, say, legally priviliged correspondence between him and his lawyers is safeguarded under the Regulation of Investigatory Powers Act 2000 (RIPA).

    If his phones and internet accounts are being monitored , but without a warrant signed by Home Secretary Charles Clarke, then whoever is doing this monitoring, even if they work for the UK Police or secret services, is breaking the law, and faces up to 2 years in jail.

    There are fewer legal safeguards under RIPA concerning Communications Data i.e. traffic analysis, itemised phone bills, who emails who, which websites have been visited etc.


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    Reply with quote  #59 

    Hi Magpie & Admin2... thanks for your posts with regards to the topic of 'Deviant Behaviour Of The Police'.

     

    Originally posted by Admin2:

     

    Gary has had literally years since his first arrest, when he could have abused his unrestricted access to the internet or to the phone system, but obviously, he has not done so. What possible bearing does this bail condition have on the forthcoming extradition hearing ?

    For an IT worker this also makes finding a job almost impossible, and it hampers his attempts to gather support for his legal defence. Since the prosecution are not similarly constrained from using the internet, this "inequality of arms" could be construed as breaching Article 6 of the European Convention on Human Rights, the right to a fair trial, as enacted by the UK Human Rights Act 1998.

     

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    Indeed, what possible bearing does this restriction have on the forthcoming extradition hearing?

     

    Could it be that the system, in it's usual deviant form, is just trying to make this man's life as difficult as possible, seeing as the restriction hampers his attempts to gather support for his legal defence?

     

    There is NOTHING fair about the system that we currently have.  Unless you are part of it, and under it's protection, of course....


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    Reply with quote  #60 

    The Times May 09, 2006

     

    Police officers deny charges

    Ten police officers appeared at Leicester Crown Court in connection with the death of Michael Powell, 38, in Birmingham in 2003. Tim Lewis and David Hadley denied dangerous driving and battery. Chris Wilson, Tony Guest, Steven Hollyman, Nigel Hackett, Luke Gill, Lee Howard, Andrew Edwards and David Williams denied misconduct in public office. The trial is expected to start this week.

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