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2019 | Book

Introduction: Counter-Terrorism and the ‘Contagion Thesis’ Read chapter Read first chapter

Contagion, Counter-Terrorism and Criminology

Justice in the Shadow of Terror

Author: Dr. Claire Hamilton

Publisher: Springer International Publishing

Book Series : Crime Prevention and Security Management

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik"

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About this book

This book seeks to examine this process via a detailed empirical exploration of the impact of counter-terrorism measures on the criminal justice systems of three selected EU countries with varying histories and experience of terrorism, namely, the UK, France and Poland. In the burgeoning criminological literature on security, risk and preventive justice that has followed the 9/11 attacks, concerns have regularly been expressed about the ‘contagion’ or normalising effects of counter-terrorist law and its migration to other areas of the criminal law. This book particularly explores the synergistic relationship between counter-terrorism measures and control measures aimed at ‘ordinary’ crimes. It probes the hegemonic power of terrorism and the securitisation agenda more generally and discusses the implications for criminology as a discipline ─ does it, for example, have a role in social contestation of contagion? This book will be suitable for academics and students interested in political violence, terrorism and counter-terrorism as well as practitioners and experts working in the area.

Table of Contents

Frontmatter
1. Introduction: Counter-Terrorism and the ‘Contagion Thesis’
Abstract
This chapter outlines the motivation for the research, which arose from concerns about the impact of counter-terrorism on the direction of travel of the criminal justice system more broadly, and in particular a perceived lacuna in the criminological literature concerning the influence of counter-terrorism on European crime control policy. It also operationalises the ‘contagion’ concept as it is examined in the book and provides a justification for the three case studies selected, namely, the UK, France and Poland. The chapter concludes with an outline of the plan of the book.
Claire Hamilton
2. Counter-Terrorism in the UK
Abstract
This chapter on UK counter-terrorism measures begins the book’s empirical analysis of post-9/11 counter-terrorism measures. It examines the historical development of counter-terrorism law and policy in the UK before engaging in a more detailed analysis of post-9/11 legislation and the types of contagion to which it has given rise. Perhaps unsurprisingly, given the long experience of the UK with terrorism, and its history of normalisation of counter-terrorism powers, similar patterns can be observed in the post-9/11 period. Certainly in the years immediately following the attacks the government took the opportunity to expand various state powers for general crime control purposes and misused special police powers, to little effect. While this tendency appeared to wane as the 9/11 and 7/7 attacks lost their grip on the political imagination, dangerous precedents had already been set.
Claire Hamilton
3. Counter-Terrorism in Poland
Abstract
The low level of terrorist activity in Poland has not stopped it legislating in the wake of the recent terror attacks in Europe. This chapter begins with an outline of the historical development of counter-terrorism law and policy in Poland prior to 9/11, before providing a synopsis of post-9/11 domestic and European Union legislation. The final section examines the types of contagion according to the categories set out in Chap. 1. Recent years have seen a series of dramatic reforms of the Polish criminal justice system on the basis of the terrorist threat creating conditions for violations of the rights to liberty, privacy, and so on. In this more recent legislation, the chapter finds strong evidence in support of the ‘contagion’ thesis, particularly in a political context where core democratic guarantees appear under threat.
Claire Hamilton
4. Counter-Terrorism in France
Abstract
The chapter charts France’s extensive experience of counter-terrorism, including radical Islamic terrorism, prior to the Twin Tower attacks, before proceeding to an overview of post-9/11 domestic and European Union legislation. In relation to contagion, the chapter finds exceptional powers, accrued as part of the fight against terror, have been historically applied to drugs, weapons and ‘organised crime’ offences. More recently, this trend has been continued with the ‘opportunistic’ application of state of emergency search powers to drugs and weapons offences to form the majority of prosecutions resulting from the state of emergency measures.
Claire Hamilton
5. A Precautionary Consensus?
Abstract
This chapter aims to examine the cross-cutting trends, and indeed differences, in counter-terrorism law and policy across the three jurisdictions. In all three we can point to evidence of ‘all-risks’ policing, mass surveillance, broadly drafted legislation, a growing range of precursor offences and increasing resort to administrative over judicial authorities. Admittedly, this has occurred to varying degrees in the three jurisdictions and according to pre-established legislative patterns, practices and political cultures. There have also been marked differences in the application of these laws, emphasising the need for comparative research to examine the law in practice as well as the law in the books.
Claire Hamilton
6. Contagion, Counter-Terrorism and Criminology: Strategies for Contestation?
Abstract
This chapter seeks to examine criminology’s role in the social contestation of the contagion phenomenon. The argument is advanced that criminology is well-placed to scrutinise such developments, particularly given the increasingly synergistic and ‘plastic’ relationship between the ‘special’ and the ‘normal’ within criminal justice. The important role played by human rights in contesting excessive securitisation, moreover, will require deeper criminological engagement with human rights. In this regard, it is argued that the application of governmentality-informed criminological concepts may help to illuminate the process and context in which departures from human rights standards are made and the ‘rationalities’ and ‘knowledges’ facilitating them.
Claire Hamilton
Backmatter
Metadata
Title
Contagion, Counter-Terrorism and Criminology
Author
Dr. Claire Hamilton
Copyright Year
2019
Electronic ISBN
978-3-030-12322-2
Print ISBN
978-3-030-12321-5
DOI
https://doi.org/10.1007/978-3-030-12322-2