RESPECT AND CRIMINAL JUSTICE CLARENDON STUDIES IN CRIMINOLOGY Published under the auspices of the Institute of Criminology, University of Cambridge; the Mannheim Centre for the Study of Criminology and Criminal Justice, London School of Economics, and the Centre for Criminology, University of Oxford. General Editors: Loraine Gelsthorpe and Kyle Treiber (University of Cambridge) Editors: Alison Liebling (University of Cambridge) Tim Newburn, Jill Peay, Coretta Phillips, and Peter Ramsay (London School of Economics) Mary Bosworth, Carolyn Hoyle, Ian Loader, and Lucia Zedner (University of Oxford) RECENT TITLES IN THIS SERIES: Respectable Citizens - Shady Practices: The Economic Morality of the Middle Classes Farrall and Karstedt Advocates of Humanity: Human Rights NGOs in International Criminal Justice Lohne Intimate Crimes: Kidnapping, Gangs, and Trust in Mexico City Ochoa Police Community Support Officers: Cultures and Identities within Pluralised Policing O’Neill Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases Pascoe Police Unlimited: Policing, Migrants, and the Values of Bureaucracy Mutsaers Personalizing the State: An Anthropology of Law, Politics, and Welfare in Austerity Britain Koch Respect and Criminal Justice GABRIELLE WATSON 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Gabrielle Watson 2020 The moral rights of the author have been asserted First Edition published in 2020 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2019946531 ISBN 978– 0– 19– 883334– 5 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. General Editors’ Introduction The Clarendon Studies in Criminology series aims to provide a forum for outstanding theoretical and empirical work in all aspects of criminology and criminal justice, broadly understood. The Editors welcome submissions from established scholars, as well as excellent PhD work. The Series was inaugurated in 1994, with Roger Hood as its first General Editor, following discus- sions between Oxford University Press and Oxford’s Centre for Criminological Research. It is now edited under the auspices of three centres: the Institute of Criminology at the University of Cambridge, the Mannheim Centre for the Study of Criminology and Criminal Justice at the London School of Economics, and the Centre for Criminology at the University of Oxford. Each supplies members of the Editorial Board and, in turn, the Series General Editor or Editors. This book is refreshing in its outlook and approach to the con- cept of ‘respect’ in criminal justice. Drawing on insights from philosophical and social scientific perspectives, Gabrielle Watson offers a deep exploration of ‘respect’ in the criminal justice con- text. As the author indicates, the book was prompted by a sense of curiosity as to why criminal justice agencies seemingly over- look or devalue a moral value as fundamental as respect. The focus on policing and imprisonment within the middle chapters of the book point to a ‘respect deficit’ and illuminate the different ways in which criminal justice practices are limited. The book also amounts to a strong critique of narrow instrumentalism that dominates some current approaches to criminal justice policy. The author also draws attention to some of the limitations of proced- ural justice without proper recourse to a normative and intrinsic view of ‘respect’. The lucid arguments in the book thus take us further than discussions of ‘dignity’ and ‘decency’, which have be- come rather commonplace terms in criminal justice discourse and somewhat empty official words and ‘administrative practices’. Indeed, the book makes a normative contribution to debate: it is about values and what matters, and how to ‘create and sustain po- licing and imprisonment practices that are characterised – rather than merely constrained – by respect’. The concluding chapter vi General Editors’ Introduction addresses the issue of how best to embed respect in criminal justice practice, not in a utopian way, but in a modest and realistic way that makes it all seem possible. It is heartening to see the op- timism and principled arguments within the book. We are writing this in the context of news from the current Prime Minister that sentencing is to get tougher and prison regimes harsher. This is somewhat removed from evidence- based policy that scholarship calls for, and at a distance from the author’s insightful analysis which concludes that ‘respect’ in policing and in prisons can ul- timately serve legitimacy and effective practice. As General Editors, we recommend this book. It makes a sig- nificant contribution to the field of criminal justice. We have no doubt that this will become an indispensable reference for aca- demics, and we hope that managers in various criminal justice contexts will read it too. The book also deserves wide readership amongst policymakers. We are enthusiastic in welcoming Respect and Criminal Justice to the Clarendon Studies in Criminology series. Loraine Gelsthorpe and Kyle Treiber Institute of Criminology, University of Cambridge September 2019 Acknowledgements In preparing this book for publication, I have incurred more debts of gratitude than I can reasonably acknowledge here. Nonetheless, I would like to extend my sincere thanks to those who have sup- ported me with exceptional generosity. First and foremost, I am deeply indebted to my academic mentors, Ian Loader and Lucia Zedner. They have held my work to exacting standards and offered the kind of written feedback on the manuscript— incisive, demanding, constructive, and thoughtful—o ne dreams of re- ceiving. I am especially grateful to Ian for his encouragement when a book on ‘respect’ was little more than a tentative— and overly ambitious— idea, and to Lucia for her unparalleled support as I en- countered the academic publication process for the first time. Nicola Lacey examined the doctoral thesis on which this book is based. I am more grateful than I can say for this special priv- ilege. Nicola encouraged me to be bold as a writer and a thinker, and the central argument of this book is richer and subtler as a direct result of her insights. Rachel Condry placed her faith in the project in its earliest formulation and, with characteristic kindness and generosity, supported it through to its completion. Julian V Roberts explored with me the practical challenges and benefits of embedding respect in criminal justice, and provided mentorship of a calibre one rarely encounters. I am indebted to my former tutors at Edinburgh, Richard Sparks and Richard Jones, for introducing me to the discipline, nurturing my theoretical interests, and opening up the possibility of an aca- demic career to me. In many ways, this book is the culmination of a process that began under their careful supervision several years ago. The Economic and Social Research Council generously sup- ported the research, and I completed the book during a blissful period as a Leverhulme Early Career Fellow in the Faculty of Law and Postdoctoral Research Fellow in Law at Christ Church, Oxford. I am incredibly thankful to the Leverhulme Trust and Christ Church for enabling me to hold these Fellowships concur- rently and pursue academic work free from financial restrictions. At Christ Church, I had the privilege of testing and refining my ideas on respect with scholars from across the humanities and viii Acknowledgements social sciences. These exchanges strengthened my view that there is much to be gained, personally and intellectually, if only one has the temerity to experiment at the margins of—a nd sometimes move beyond— one’s own disciplinary terrain. I offer my warm thanks to my students in Criminal Law, Jurisprudence, and the Philosophy of Punishment at Oxford. In bringing fresh perspectives to bear on enduring legal and philo- sophical issues, they have enriched me, and taught me just as much as I have taught them. I have presented this research— at various stages of its development—i n Oxford, Cambridge, and Berlin. I thank all at- tendees for their time and willingness to engage both charitably and critically with my work. I am grateful too to the General Editors, Loraine Gelsthorpe and Kyle Treiber, for the opportunity to pub- lish in the Clarendon series; the anonymous reviewers at Oxford University Press for perceptive commentary and critique, and Amy Baker, Kathryn Plunkett, Arokia Anthuvan Rani, and Rebecca Olley for handling the production and marketing of the book. Jacqueline Thalmann, Curator at the Christ Church Picture Gallery; Sarah Simblet, Fine Artist at Christ Church and The Ruskin School of Art; and Ros Holmes, Historian of Art at Christ Church and Manchester, made numerous suggestions for a cover image, and offered invaluable advice on my final selection.1 Four family members—m y mother, Bronwen; my sister, Natasha; my late father, George, and my late grandmother, Arma—p rovided unwavering support, and instilled in me a deep understanding of respect that could not have been gleaned from academic study alone. With love and gratitude, I dedicate this book to them. Gabrielle Watson Christ Church, Oxford August 2019 1 Justitia, the personification of justice within Roman mythology, appears on the cover for two reasons. In standard interpretations, the blindfold is a posi- tive attribute, signifying fairness and impartiality in law. In this book, I claim that when ‘respect’ is compromised, so too are these legal values. More subtly, the Latin origin of the word ‘respect’— respicere— is ‘to look back at’ or ‘to look again’. With this etymological consideration in mind, Justitia appears on the cover wearing the blindfold (in some depictions—n otably, at the Old Bailey—i t is left out altogether). The purpose of so doing is to hint at the momentous disregard— even sightlessness— of criminal justice institutions where respect is concerned. Contents Table of Cases xi Table of Legislation xiii List of Abbreviations xv Introduction 1 1. In Search of Respect in Criminal Justice 7 A. Defining Respect 10 B. Situating Respect 26 Part I On Respect, Policing, and Procedural Justice 2. Procedural Justice and Narrow Instrumentalism 43 A. Why Respect? 44 B. The Instrumental Case 46 C. The Intrinsic Case 60 3. Stop and Search as a Respectful Encounter 68 A. Critique 70 B. Beyond Critique 85 Part II On Respect and Prison Life 4. Penal Policies and Institutional Sociologies 97 A. Institutional Sociologies of the Prison 99 B. The Woolf Report 103 C. The Shaping of Modern Imprisonment 108 D. Prisons after Woolf 126 5. Respect at Prison Mealtime 132 A. Historical Context 135 B. Preparation 139 C. Consumption 148 D. Resistance 156