-1.1 Session 1 Tutorial - Surveillance and crime control

Surveillance and Crime Control

Contemporary Developments in Criminal Law

  • Tutorial Session led by Keith Wharton, Staffordshire University.

  • Focus on modern surveillance practices and their implications for criminal justice.

Changing Landscape of Surveillance

Film Reference

  • Minority Report (2002) raises questions about the future of crime prevention through surveillance.

Electronic Evidence

  • Electronic probe evidence is lawful if properly authorized. Significant in notable trials such as the Stephen Lawrence murder trial.

Intrusive Surveillance

  • Content Warning: Evidence generated can be offensive and racially charged.

  • Video evidence linked to police surveillance of suspects in serious crimes.

Key Considerations in Surveillance

  • European Court of Human Rights (ECHR)

  • Historical context and theoretical perspectives on surveillance.

  • Technology’s role in policing and the evolution from traditional to open-source surveillance.

  • Key idea: Surveillance is a crucial aspect of crime control (Haggerty, 2011).

The ECHR's Perspective on Surveillance

Mass Surveillance Ruling

  • GCHQ’s practices of intercepting private communications ruled as violating rights to privacy and freedom of expression (Big Brother Watch and Others v UK, 2018).

Definition of Surveillance

Etymology and Concept

  • Origin: French term 'surveiller' (to watch over).

  • Involves focused, systematic attention to personal details for influence and management (Lyon, 2007).

  • Encompasses various monitoring methods beyond visual observation (John and Maguire, 1998).

Historical Context of Surveillance

  • Surveillance related to ancient civilizations, particularly in China and Egypt, for state security reasons.

  • Historical edicts, such as Pope Innocent III’s directive in 1215, entailed citizens reporting heretics.

Perception of Surveillance

  • Often carries negative connotations and power dynamics.

  • Reference to Orwell’s 1984 as a critique of mass surveillance and manipulation by authoritarian regimes.

Traditional Criminological Outlines

Jeremy Bentham’s Panopticon

  • Concept of an 'Inspection House' as a form of surveillance to modify prisoner behavior.

  • Power derived from potential surveillance creates self-regulation among prisoners.

Modern Surveillance Vision

Michel Foucault's Contributions

  • Surveillance viewed as a form of societal discipline (“society of surveillance”).

  • The Panopticon symbolizes the repressive society where visibility transforms control.

Viewer Society Dynamics

  • Transition from public observation to private scrutiny.

  • Foucault critiques the shift in who watches whom in modern society.

New Surveillance Technologies

Emergence of Modern Surveillance Systems

  • Developments in policing rationales, influenced by philosophy of discipline and control (Foucault).

  • Online privacy implications of social media and surveillance cameras.

Digital Surveillance Era

Internet’s Role

  • Blurring boundaries between personal and public life; risks of self-exposure on the internet.

  • Growth of social networks like Facebook and Instagram shifts perceptions of privacy.

Legislative and Legal Context of Surveillance

ECHR Cases

  • Surveillance practices often challenged in courts; significant cases include Malone v UK and RE v UK that emphasize the need for legal grounding in privacy infringements.

Types of Surveillance Practices

  • Includes CCTV, DNA databases, electronic monitoring, and olfactory surveillance.

  • Each type raises questions of effectiveness and privacy implications.

Ethical and Legal Balance

Conflicts between Security and Privacy

  • Ongoing debate about the balance between crime prevention and personal privacy rights.

  • Legal protections (e.g., UK Data Protection Act, Regulation of Investigatory Powers Act) must adapt to surveillance technologies.

Current Commentary and Future Directions

  • Considerations on how people behave under surveillance, evidencing behavioral changes in the presence of monitoring systems.

  • Literature reviews and references offer deeper insights into surveillance dynamics and legal implications.