ABSTRACT
So far we have addressed security as a concept largely independent of criminal justice, yet for criminologists the relationship between security and criminal justice is pivotal. This chapter re-examines some basic presumptions about crime and the values of criminal justice in order better to assess to what degree they are challenged by the pursuit of security; how criminal justice is being influenced and modified; and to what extent sidelined by new security practices that operate on the margins of or outside the ordinary criminal justice process. There are excellent sociologies of the changing culture, emergent idées fixes, technologies, and targets of contemporary crime control.1 Criminologists have devoted themselves to identifying, delineating, and analysing these changes. Less attention has been paid to the ethical and political issues they throw up, and still less to how far existing criminal justice structures, values, and principles still apply. How, for example, does due process help the youth arbitrarily excluded from mass private property by a private security guard on grounds of appearance alone? Or, more seriously still, how does due process apply to the sexual offender whose name is placed upon a publicly available
register or whose home location is publicized on the web? And what relevance do established criminal justice principles have for those subject to civil preventive orders, preventive detention, or emergency powers introduced during periods of apparent crisis? The pursuit of security places all these people outside the ordinary protections of the criminal justice system and a new normative framework for governing security is needed if their rights are to be protected.
