Law, necropolitics and the stop and search of young people

Flacks, S. 2018. Law, necropolitics and the stop and search of young people. Theoretical Criminology. 24 (2), pp. 387-405. https://doi.org/10.1177/1362480618774036

TitleLaw, necropolitics and the stop and search of young people
TypeJournal article
AuthorsFlacks, S.
Abstract

Stop and search can harm young people, damage relations between police and the community and alienate ethnic and racial minorities. In Mohidin and another v Commissioner of the Police of the Metropolis and others, a group of minors who had been stopped, searched and, in some cases, falsely imprisoned, assaulted and racially abused by officers, were awarded damages for the distress and pain suffered. In this article, the case will be read not for the tortious legal consequences of police actions towards youth, or members of the public in general, nor for the culpability of any of the parties concerned, but for how the use of ‘lawful’ police powers on young people was framed and justified by both officers and the courts. It is argued that the punitive function of such powers has been underexplored by criminologists, and that the authorization and legitimization of such tactics, routinely defended as a ‘necessary’ crime prevention tool, can be understood as an instantiation of ‘necropolitics’.

KeywordsRace, policing, necropolitics, Foucault, youth justice
JournalTheoretical Criminology
Journal citation24 (2), pp. 387-405
ISSN1362-4806
Year2020
PublisherSage
Accepted author manuscript
Digital Object Identifier (DOI)https://doi.org/10.1177/1362480618774036
Publication dates
Published online31 May 2018
Published in print01 May 2020

Related outputs

Law, Drugs and the Politics of Childhood
Flacks, S. 2021. Law, Drugs and the Politics of Childhood. Oxon Routledge.

The Night and Cultural Benefit : The Case for a Holistic Approach to Licensing
Roberts, M., Eldridge, A., Osborn, G. and Flacks, S. 2020. The Night and Cultural Benefit : The Case for a Holistic Approach to Licensing. Entertainment and Sports Law Journal. 18 (1) 9. https://doi.org/10.16997/eslj.245

Substance misuse and parenting: Making drugs and gender in the Family Court
Flacks, S. 2019. Substance misuse and parenting: Making drugs and gender in the Family Court. International Journal of Law in Context. 15 (4), pp. 424-441. https://doi.org/10.1017/S174455231900003X

Dangerous drugs, dangerous mothers: Gender, responsibility and the problematisation of parental substance use
Flacks, S. 2019. Dangerous drugs, dangerous mothers: Gender, responsibility and the problematisation of parental substance use. Critical Social Policy. 39 (3), pp. 477-497. https://doi.org/10.1177/0261018318795573

Making drug harms: Punishments for drugs offenders who pose risks to children
Flacks, S. 2019. Making drug harms: Punishments for drugs offenders who pose risks to children. European Journal of Criminology. 16 (6), pp. 652-670. https://doi.org/10.1177/1477370818775291

Aspects Of London’s Evening And Night Time Economy: A Report for the Mayor of London/ GLA
Roberts, M., Osborn, G., Eldridge, A., Robinson, J. and Flacks, S. 2018. Aspects Of London’s Evening And Night Time Economy: A Report for the Mayor of London/ GLA. London MusicTank.

More police stop and search won’t stop knife crime – here’s why
Flacks, S. 2018. More police stop and search won’t stop knife crime – here’s why.

Drug law reform, performativity and the politics of childhood
Flacks, S. 2018. Drug law reform, performativity and the politics of childhood. International Journal of Drug Policy. 51, pp. 56-66. https://doi.org/10.1016/j.drugpo.2017.10.003

The stop and search of minors: A 'vital police tool'?
Flacks, S. 2018. The stop and search of minors: A 'vital police tool'? Criminology and Criminal Justice. 18 (3), pp. 364-384. https://doi.org/10.1177/1748895817720485

Book review: Children Behind Bars: Why the Abuse of Child Imprisonment Must End, by Carolyne Willow
Flacks, S. 2016. Book review: Children Behind Bars: Why the Abuse of Child Imprisonment Must End, by Carolyne Willow. British Journal of Criminology. 56 (5), pp. 1039-1042. https://doi.org/10.1093/bjc/azv103

Book review: Crime, Desire and Law's Unconscious: Law, Literature and Culture by David Gurnham
Flacks, S. 2015. Book review: Crime, Desire and Law's Unconscious: Law, Literature and Culture by David Gurnham. International Journal of Law in Context. 11 (3), pp. 379-380. https://doi.org/10.1017/S1744552315000208

Risk, welfare and the treatment of adolescent cannabis users in England
Flacks, S. 2014. Risk, welfare and the treatment of adolescent cannabis users in England. British Journal of Criminology. 54 (2), pp. 281-297. https://doi.org/10.1093/bjc/azt066

Is childhood a 'disability'? Exploring the exclusion of children from age discrimination provisions in the Equality Act 2010
Flacks, S. 2014. Is childhood a 'disability'? Exploring the exclusion of children from age discrimination provisions in the Equality Act 2010. Child and Family Law Quarterly. 26 (4), pp. 421-438.

Risk, welfare and the treatment of young drug users in England and Wales
Flacks, S. 2013. Risk, welfare and the treatment of young drug users in England and Wales. PhD thesis University of Vienna Law

Book review: Tough choices: risk, security and the criminalization of drug policy
Flacks, S. 2013. Book review: Tough choices: risk, security and the criminalization of drug policy. Criminology and Criminal Justice. 13 (1), pp. 127-129. https://doi.org/10.1177/1748895812468663

Deviant disabilities: the exclusion of drug and alcohol addiction from the Equality Act 2010
Flacks, S. 2012. Deviant disabilities: the exclusion of drug and alcohol addiction from the Equality Act 2010. Social and Legal Studies. 21 (3), pp. 395-412. https://doi.org/10.1177/0964663912437991

Youth justice reform: redressing age discrimination against children?
Flacks, S. 2012. Youth justice reform: redressing age discrimination against children? Youth Justice. 12 (1), pp. 19-35. https://doi.org/10.1177/1473225411435615

Drug control, human rights, and the right to the highest attainable standard of health: a reply to Saul Takahashi
Flacks, S. 2011. Drug control, human rights, and the right to the highest attainable standard of health: a reply to Saul Takahashi. Human Rights Quarterly. 33 (3), pp. 856-877. https://doi.org/10.1353/hrq.2011.0049

Permalink - https://westminsterresearch.westminster.ac.uk/item/q553x/law-necropolitics-and-the-stop-and-search-of-young-people


Share this

Usage statistics

251 total views
1149 total downloads
These values cover views and downloads from WestminsterResearch and are for the period from September 2nd 2018, when this repository was created.