This comparative empirical study of policing in the United States and France draws on the authors' ten years of field work to contend that the police in both countries should be thought about as an amalgam of five distinct... more
This comparative empirical study of policing in the United States and France draws on the authors' ten years of field work to contend that the police in both countries should be thought about as an amalgam of five distinct professional cultures or 'intelligence regimes'-each of which can be found in any given police department in both the United States and France. In particular, we contend that what police do as knowledge workers and how they make sense of the social problems such as collective offending by juveniles varies with the professional subcommunities or 'intelligence regimes' in which their particular knowledge work is embedded. The same problem can be looked at in fundamentally different ways even within a single police department, depending on the intelligence regime through which the problem is refracted.
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Le present rapport constitue la deuxieme etape du travail de recherche INTERSECTS portant sur l'INtelligence Territoriale des Risques concernant la SECurite dans les Territoires Sensibles. Cette recherche, entamee au debut de 2007, a... more
Le present rapport constitue la deuxieme etape du travail de recherche INTERSECTS portant sur l'INtelligence Territoriale des Risques concernant la SECurite dans les Territoires Sensibles. Cette recherche, entamee au debut de 2007, a ete realisee en partenariat avec l'Agence Nationale de la Recherche (programme Concepts, systemes et outils pour la securite globale), le Centre National de la Recherche Scientifique (CNRS), la Delegation a la Prospective et a la Strategie (DPS) du Ministere de l'Interieur, la faculte de droit de l'Universite de l'Illinois aux Etats-Unis (University of Illinois College of Law) et le Groupement d'Interet Public Mission de recherche Droit et Justice. La recherche a pour objet d'analyser la facon dont les autorites responsables de la securite et de l'ordre public en France et aux Etats-Unis se munissent d'informations et de connaissances relatives aux differents types de risques et de problemes relatifs a la securite, la...
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CODISP was a research project which aimed at developing tools and concepts designed to implement intelligence-led policing in France. We conducted an in-depth qualitative study of what skills and tools the police possess to make sense of... more
CODISP was a research project which aimed at developing tools and concepts designed to implement intelligence-led policing in France. We conducted an in-depth qualitative study of what skills and tools the police possess to make sense of their environment and how these can be improved to address security concerns more effectively. We carried out numerous site visits in police and gendarmerie services of 11 French departments, along with about 500 interviews with personnel engaged in intelligence collection, transmission and analysis, as well as with middleand high-ranking police officials who use row information and intelligence products to take tactical or strategic decisions.
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National audienc
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As a form of social control, undercover tactics played an important state-building role during the Nineteenth Century, in both the United States and France. Yet undercover policing played this role very differently in France than in the... more
As a form of social control, undercover tactics played an important state-building role during the Nineteenth Century, in both the United States and France. Yet undercover policing played this role very differently in France than in the US, which made do with a less developed surveillance capacity at all levels of government. The instability of successive French regimes encouraged French political authorities to expand their use of infiltration and to privilege high policing purposes of undercover tactics over the crime-fighting purposes favored by local elites. And while nineteenth-century France, like the United States, often governed through delegations of authority to local elites, French authorities jealously guarded undercover tactics as their exclusive prerogative. As a result, undercover tactics became a marginal crime-fighting tactic in nineteenth century France, becoming identified primarily with the state's surveillance of its political opponents. In the United States...
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Dans le present article, nous montrons que les informations provenant des partenaires locaux sont aujourd'hui essentielles pour permettre aux forces de securite interieures (police et gendarmerie) de conduire leur action. Cette... more
Dans le present article, nous montrons que les informations provenant des partenaires locaux sont aujourd'hui essentielles pour permettre aux forces de securite interieures (police et gendarmerie) de conduire leur action. Cette evolution peut etre consideree comme positive, dans la mesure ou elle augmente l'interdependance entre les partenaires locaux, donc favorise la confiance et la cooperation. Nous examinons en detail le cas des partenariats de securite dans une agglomeration du Sud-Est de la France afin de bien mettre en lumiere les effets positifs du partage de renseignements au niveau local, en terme d'efficacite de la lutte contre l'insecurite. Nous constatons ensuite que la capacite des systemes partenariaux d'echange d'information a deboucher sur des actions concretes depend de l'aptitude des partenaires a maitriser les risques inherents au partage d'information et a se doter de regles et de procedures favorisant la productivite des echanges...
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This article explores forms of multiple punishment that have escaped constitutional scrutiny. Through the Double Jeopardy Clause, the Constitution forbids the imposition of multiple punishment for one offense. Yet despite the intense... more
This article explores forms of multiple punishment that have escaped constitutional scrutiny. Through the Double Jeopardy Clause, the Constitution forbids the imposition of multiple punishment for one offense. Yet despite the intense commitment of courts and commentators to recognizing and rooting out multiple punishment, they have overlooked the place where multiple punishment most proliferates: under the United States Sentencing Guidelines. Double Jeopardy jurisprudence ignores multiple punishment under the Guidelines because it diagnoses a Double Jeopardy violation only when the charges under which punishment is imposed define the same offense. Yet the Guidelines threaten multiple punishment even when the crimes charged are not the same. This article identifies three principal forms of double punishment that result from the redundant application of Guidelines sections. Of course, cumulative punishment may not, in all instances, be impermissible. This article uses German approache...
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The typical trial-oriented systems of criminal justice that are primarily based on the strict application of substantive criminal law have reached their functional and logistical limits in most parts of the modern legal world. As a... more
The typical trial-oriented systems of criminal justice that are primarily based on the strict application of substantive criminal law have reached their functional and logistical limits in most parts of the modern legal world. As a result, new sanction models, less formal, administrative, and discretionary case disposals, plea bargaining arrangements, and other alternative procedural and transitional justice mechanisms have emerged at unprecedented levels in national and international legal orders affiliated both with the civil law and the common law tradition. These normative constructs and practices aim at abbreviating, simplifying, or circumventing the conventional criminal investigation and prosecution. They seek to enhance the effectiveness of conflict resolution proceedings and to shift the focus of crime control from repression to prevention. The present volume explores these alternative, informal, preventive, and transitional types of criminal justice and the legitimacy of n...
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This chapter identifies a management problem in the regulation of undercover operations and terms it the problem of “upstream defection” by a “rogue principal,” in contrast to the better-known problem of the faithless agent (known as the... more
This chapter identifies a management problem in the regulation of undercover operations and terms it the problem of “upstream defection” by a “rogue principal,” in contrast to the better-known problem of the faithless agent (known as the “agency problem”) or “downstream defection.” orThe chapter first considers some of the features of undercover operations that bring undercover agents into conflict with investigative teams and supervisors and that can make undercover agents vulnerable to upstream defection, either real or imagined. It then highlights the distinction between the risks of betrayal facing undercover agents and those facing informants, as well as the differences between real and perceived “betrayals” and the analytical and evidentiary difficulties of distinguishing between them. It also discusses some of the regulatory devices employed by French and German law enforcement agencies to reduce the differences in outlook between undercover agents and other members of the la...
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In its recent decision of April 12, 2005, Germany's Federal Constitutional Court (FCC) addressed concerns that advances in the technologies of surveillance will erode fundamental rights. Though it rejected the petitioner's call to... more
In its recent decision of April 12, 2005, Germany's Federal Constitutional Court (FCC) addressed concerns that advances in the technologies of surveillance will erode fundamental rights. Though it rejected the petitioner's call to limit use of the Global Positioning System (“GPS”) to track the movements of suspects, the Court did warn that surveillance technologies working in tandem posed privacy risks that were greater than the sum of each one working alone. The Court required investigators from different agencies and states to coordinate their activities and disclose all ongoing surveillance when seeking judicial approval of additional methods and technologies. It likewise cautioned the Bundestag (German Federal Parliament) to monitor advances in surveillance technology and to develop new statutory safeguards that would protect personal data by limiting the use of more powerful innovations. Yet the Court's opinion left many questions unanswered. It did not explain how ...
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Among investigative tactics, undercover policing is unique in the extent to which it allows the police to shape the events they investigate. Yet this shared feature of undercover investigations produces very different academic... more
Among investigative tactics, undercover policing is unique in the extent to which it allows the police to shape the events they investigate. Yet this shared feature of undercover investigations produces very different academic controversies in the United States and Europe. European scholars fear the implications of legalizing tactics that had previously been tolerated, if at all, at the margins of legality. By contrast, American commentators seek to unsettle what they view as complacency about a tactic that is used far more widely in the United States than in Europe. In Italy and Germany, a long tradition of scholarship in criminal law treats police infiltration as a problem of government law-breaking. In France, a distinguished sociological tradition views undercover tactics as a privileged terrain of turf warfare between competing government agencies. Because of their interest in the entrapment defense, American academics focus largely on the criminal responsibility of targets, no...
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Page 1. JACQUELINE E. ROSS' Impediments to Transnational Cooperation in Undercover Policing: A Comparative Study of the United States and Italy * An informant introduces an Italian undercover agent to Colombian drug dealers eager to... more
Page 1. JACQUELINE E. ROSS' Impediments to Transnational Cooperation in Undercover Policing: A Comparative Study of the United States and Italy * An informant introduces an Italian undercover agent to Colombian drug dealers eager to import cocaine into Italy. ...