Jean-Paul Brodeur On High and Low Policing

2/24/2015 Jean-Paul Brodeur on High and Low Policing
Champ pnal/Penal field

Vol. IX|2012 :
Hommages J-P. Brodeur/Varia
Actesdecolloque/ConferenceProceedings
JeanPaulBrodeuronHighand
LowPolicing
PETER K. MANNING
Traduction(s):
HauteetbassepoliceselonJeanPaulBrodeur
Rsums
Franais English
Cet article se divise en trois parties. La premire partie procde une lecture dtaille de
High policing and low policing , larticle en anglais le plus influent de Jean-Paul
Brodeur qui formula en 1983 les concepts de haute et de basse police. Cette discussion tient
compte de la version plus dtaille de ce cadre thorique qui est contenue dans The
PolicingWeb, son dernier livre. La deuxime partie examine la prescience de larticle sur la
haute et la basse police, qui anticipa les dveloppements actuels dont le rythme sest
acclr depuis les attentats du 11 septembre. La troisime partie se penche sur
limportance dinclure la haute police dans une thorie mergente du policing.
This paper is divided in three parts. The first part is a close reading of High Policing and
Low policing., Jean-Paul Brodeurs most influential article, which was published in 1983.
This discussion takes into account the refined version of this argument seen in ThePolicing
Web, his last book. The second part is an assessment of the prescience of the high and low
policing paper. It foretold contemporaneous developments whose pace has accelerated in
the post-9/11 environment. The third part is a reflection on the importance of including
high policing in an emergent theory of policing.
Entresdindex
Motscls: haute et basse police, imputabilit, Brodeur (Jean-Paul), police politique,
renseignement
Keywords: accountability, high and low policing, intelligence, Jean-Paul Brodeur,
political policing
http://champpenal.revues.org/8285#abstract-8285-en 1/11
Texteintgral
Introduction
1 Thinking about and remembering Jean-Pauls work requires perhaps
imagination and re-imagination. He walked a bit ahead of us, beckoning us always
forward, plucking words as he walked, smiling a bit, and perhaps resting his feet
from time to time. He is with us still, ahead of us somehow as always. Jean-Paul
once pointed out of the window of his office to the great University Tower and said
proudly I sat up there thinking about Leibniz. Perhaps he did; but he was
doubtless also thinking about Flaubert, Balzac, Baudelaire, and Mordecai Richler.
He possessed a long vision: I recall that Jean-Paul once replied to my question at
an ASC meeting about whether community policing was altering policing. He
mused, Ibelieve,asMaoansweredwhenaskedabouttheimpactoftheFrench
Revolution,Itistoosoontoknow.
2 The world in which Jean-Paul walked and lived was multi-faceted and rich in
complex multifaceted detail. Educated as a philosopher, he transformed himself
into a polymath, a bilingual sociologist-criminologist of erudition and grace. As
Carlo Morselli noted in his brief obituary, Jean-Paul was an early and frequent
francophone participant in the ASC (where I first met him some years ago). He
could run a commission; work a room; reform penal processes; do a little dance;
summarize 95 papers at the end of a conference usually with greater lucidity
than presenters had- and entertain us with a grand gourmet dinner. He did what
he accomplished with enthusiasm, lanvital, and patience. Jean-Paul excelled as
a social scientist exploring the contradictions and cover-ups characterizing post-
modern democratic societies. He communicated easily and with charm in several
languages; sponsored young scholars; connected once culturally-bound networks,
and broadened intellectual horizons. The enduring influence of his work is seen in
the research of his many students and colleagues in North America, France,
Germany, and elsewhere. He made his mark.
3 Something should be said about his perspective and method. His training as a
logician introduced him to the relevance of anomalies, contradictions, and
irregularities. They fascinated him. Jean-Paul was an acute observer who noted
matters somehow out of place; deviations from the rule or norm; in short, one
might call him an anomalies-processor. His was an active, inquisitive manner
seeking the oddity, a matter that requires definition and inclusiveness. Perhaps
this perspective inspired him to think of policing as a puzzle or a web that
included more than the crime control functions of the uniformed public police.
4 Consider his impressive oeuvre. A Google search establishes that JPB was most
cited in the English speaking community of scholars for his work on policing,
especially his elaboration and tessellation of the inherited policing paradigm
which included challenges to the conventional Peel model. His 57 page vitae,
probably an understatement of his actual accomplishments, lists some 5 books, 39
chapters, over 100 articles, abundant essay-reviews and some 9 significant
reports, commissions and commentaries. In this brief reflection, I begin in the
style of Jean-Paul who often wrote, thispaperhasthree(orfour)parts. The
first part is a close reading of High Policing and Low policing (1983) (HLP).
This discussion takes into account the refined version of this argument seen in
ThePolicingWeb. The second part is an assessment of the prescience of the HLP
paper. It foretold contemporaneous developments. The third part is a reflection
on the importance of including high policing in an emergent theory of policing.
HighandLowPolicing
5 The HLP article is a fertile source from which his systematic policing studies
grew. In writing this article, Jean-Paul drew on his experiences during 1979-81 as
chief consultant to the Keable Inquiry. He proposed and defended carefully a way
of looking, a new paradigm of policing. Let us set a stage. Published in Social
Problems, it was at once a reflection upon public and police responses to dissent
and putative threats to national security (Vietnam, civil rights, Front de Libration
du Qubec); an emerging field of police studies, and a comment on the then
popular labeling or deviance and reaction perspective. The syllabi for police
studies in democratic societies did not then include literature written in French,
research on colonial policing, nor mention of the recent developments in political
policing in Canada, France and the United States. Policing studies was informed
by an unexamined assumption that policing in democratic societies was an
expansion of the Peel model: crime-oriented, visible, restrained and at least
legalistic in spirit. At this time, there were a handful of major research-based
works, those of Banton, Wilson, Skolnick, Cain, Manning and Bittner. Bittners
(1972) brilliant and innovative work was cited but generally misunderstood
(Brodeur, 2007). There was indeed very little knowledge of secret or non-visible
policing (Gary Marxs articles were available; his book had not yet appeared) and
almost nothing had been written on the intelligence services of democratic
countries. Jean-Pauls paper marked a turning point in systematic analytic
thinking about policing.
6 Initially, he rejects two logical assertions: no policing is political or all policing
is political. As a result of reflecting upon his experience with the Keable Inquiry
and re-examination of a previous Royal Commissions on intelligence (The
Mackenzie reports and two McDonald Reports), he argues that the passive/active
distinction between modes of policing is meaningless and suggests that all
policing,secretorvisible,isaboutpoliticalordering. Political policing is neither
rare nor unknown it forms the pervasive core of a whole model of policing
whichIcallhighpolicing. (508).1 There is complicity in sustaining the view that
police deviance, known violations of the law, is rare, erstwhile and even
unremarkable. The putative guardians of democracy, courts, politicians,
victimized organizations and the press, he shows, do not really want to know
about such matters. They turn a blind eye to every new first time. The idea that
there are no police secrets is an illusion; observers know police are carrying out
political policing routinely (510). From whom are they keeping secrets? When
political policing emerges, it is seen as deviance rather than as an everyday core
function (511). Policing does intelligence gathering poorly and in a haphazard
fashion. Nevertheless, scholars then and now still know little about it or its
workings. This remains true even as we have been saturated with media-panic
about terrorism and national security. The state is a dramatic actor as are the
police. They both work to dramatize themselves periodically as a victim of
dissent, a victim in need of defense. Everyday dissent is transformed then by law
and conventional police practices into something now called crime. This is a
paradox or anomaly at least so far as the state apparatus resorts to informants,
paid informants, and coerced marginal members of the dissenting groups for
intelligence gathering. This is done in order to produce, amplify and sustain the
known existence of such crimes (511). This aspect of high policing, the core of
which is intelligence gathering, is part of a paradigm shared within and across all
police units. This is not a function carried out exclusively by special units. If this is
true, the distinction, traced to Sir Robert Peels idea that equates democratic
policing with low policing is misleading. This formulation also overlooks, as The
Policing Web shows, the multiplicity of types of policing and types of police
organizations. Furthermore, Jean-Paul argues that the history of French policing
makes clearer the tight and continuous link between high and low policing (512-
13) in Western democracies. High policing, that is surveillance, tracking, and
keeping secret files on everyday activity, is actually the paradigm for all political
policing: it reaches out for potential threats in a systematic attempt to
preserve the distribution of power in a given society (513). It is politics in the
name of policing, or more specifically policing as politics.
7 High policing as defined in HLP has four features: it is absorbent; it is not
uniquely bound to enforce the law (it may in fact violate laws with impunity); it
uses crime control as a mode of manifold exploitation; it uses informants and
secret agents to monitor citizens, gather information and to create anxiety and
dis-ease. The police in North America were operating at that time, he claimed, in a
high policing mode (514) and makes a far-sighted and accurate prediction: that
denials of police and other governmental agencies are engaged in computerized
data gathering are weak and false; and that it is happening and will increase
geometrically. This point, made very clearly in the concluding paragraph of the
paper is that the high vs. low distinction obscures more than it reveals. In fact, all
policing has features of high policing and is relentless and implies systematic
continuity (517).
8 The key point of this article amongst many, is that policing always functions
with a political face and denies it publicly. This is in some sense a back stage
front stage aspect of the police drama. These ideas have been woven into a
number of Jean-Pauls subsequent publications e.g., Trotsky and reform; Cops
and Spooks; High policing post- 911; and several papers and a monograph on the
topic of accountability. The topic of high policing also features as a central chapter
of ThePolicingWeb.
TheHighPolicingArgumentinThe
PolicingWeb
9 Although the thrust of his theory of policing rests on the antinomy that the state
casts itself as both victim and protector in carrying out its multiplex policing
functions, and certainly, high policing is a theme in the developing argument in
the book, the locus of continuity in the HLP argument is Chapter 7 in ThePolicing
Web, High and Low Policing. The high/low distinction appears to be a
functional division reflected in the organization of the book (225). That is, I
believe he is arguing that highpolicing,andthedenialthatittakesplace,arethe
centerpieceorcorefunctionaroundwhichotherpolicingfunctionsarearrayed.
10 In ThePolicingWeb, Brodeur initially sets aside the high policing carried out by
state intelligence agencies and the policing during emergencies, and during
declared state-protection activities. These are admitted as essential secretive
functions. He lays out the nine features that constitute his current view of the high
policing paradigm: protecting the political regime; assuming that the state is an
intended victim; practicing absorbent policing (wide interest in information that is
not restricted to constructing an actionable legal case); utilizing criminals in many
capacities; relying heavily on informants; practicing extensive secrecy; utilizing
deceit; conflating separate powers (judicial, legislative, executive) and embracing
extra-legality (this is my paraphrase). He then discusses operational procedures,
or how what is done ostensibly differentiates high from low policing. High policing
has a constant mode of analysis; looks for preventive intelligence (not
prosecution), uses disruption of activities and circumvents extant modes of
accountability. The role of informants and the consequences of their use are
elaborated in separate sections of the chapter. In a tourdeforce, Brodeur traces
out new forms of surveillance and their consequences (247-251). The final section
in the chapter includes a model that contrasts high and low policing and stipulates
some of their interactions (figure 7.2, 252). In sum, this diagram shows that the
criminal justice system encompasses traditional forms of delinquency through
low policing, violence, visible actions, perpetration and interruption. It also
monitors or polices knowledge-based delinquency by deception, covert action,
conspiracy notions and circumvention of legal constraints. Terrorism and violent
networks preoccupy both high and low policing. This diagram is a thought
experiment that presents in microcosm the central argument of the book.
Reflections
11 Several important arguments are contained in the high policing narrative that
began in 1983 and was elaborated in Jean Pauls research until late 2010. There
are several aspects of this theme in his work that continue to shape scholarship in
policing. It precipitated a broadening of the field of police studies. While much
published research reports variations on officially reported crime as the necessary
grounding of all police work, scholars remain aware of the lurking and shadowy
influence of high policing. HLP stimulated the development of systematic police
studies that included comparative, historical and analytic works that were
sensitive to the importance and functions of high policing. The work opened the
later questions of policing and human rights taken up in the Patten Report, and
the questions of governance and multiple nodes of policing activity explored by
Shearing and colleagues. Certainly the argument of HLP, unlike that of most
scholars and the vulgarities passing for knowledge in textbooks written in North
American and the UK, is historical and comparative and challenges the accepted
notion that policing is a stylized, visible work of preventing crime, reacting to
citizen concerns, and investigating reported crimes. It is well-known and accepted
that the actual web of policing includes more than the public police; it includes a
variety of other organizations. High policing in democratic societies has been
more visible in France and on the Continent than in North America, and certainly
has not been reduced by commissions and boards of inquiry. It remains a
powerful presence in the modern conflicted world. Brodeur also correctly notes in
ThePolicingWeb (223-224) that Hsi-Huey Liang (1992) sees the absence of high
policing as one feature of democratic policing. However, Liang indicates the
necessity of such alternative policing modes as ways to keep visible democratic
policing accountable. Liangs argued that such functions such as paramilitary
activity, high policing and private policing competed with and permitted the
public low-policing side to exist.
12 Finally, consider an aspect of the impact of ideas that were nurtured in the 1983
piece. Events have confirmed dramatically the arguments he made concerning
police intelligence gathering, analysis and storage:
Computers have become a part of both high and low policing and now are
ensconced in several dedicated units in national police forces e.g., in
England.
Vast databanks are kept by banks, corporations, and governmental
agencies including the police. The extent of these can only be estimated and
the effects still moot.
Surveillance and tracking, and other forms of absorbent policing, are
more popular and acceptable in part due to the ripple effect of 911 and
other well-known terrorist acts. Low policing versions of surveillance have

emerged illustrated by the presence of CCTV in the UK and some large
American cities e.g., Chicago.
Every Google search, every purchase with a credit card, each major
purchase requiring a bank loan and every phone call on a mobile phone
produces information about tastes, life style preferences, and income
among other things. These lists in turn are bought, traded, exchanged,
hacked into and routinely made available to the police upon request.
Crime mapping, used by the Nazis in Amsterdam to chart the locations of
the homes of Jews (Scott, 1998:79), is now in general use by the police in
North America. In Boston, mapping includes data on the homes of gang
members, sex offenders, and places where shots have been fired. High
crime areas of Boston are now monitored by audio, visual devices, officers
in marked and unmarked vehicles, helicopters, special squads (gang,
school, drugs, dynamic entry), detectives, as well as state, county, transit
and parks police. These agencies produce intelligence as well as crime-
related data. Data-gathering, harvesting, and surveillance are now being
studied more closely by scholars and their consequences debated.
Community policing is political policing; in its various forms it may
constitute a new kind of high policing. The details of this assertion were
brilliantly contested by Brodeur in his penetrating review of the Ericson
and Haggertys Policingtherisksociety (1997). He challenges the character
of policing information and its uses, as well as the assertion of a vast,
articulated and integrated set of data bases in police departments (See
Manning, 2008). Personally, I do not think Jean-Paul considered
community policing high policing as practiced, and felt the Ericson-
Haggerty arguments were overstated and lacking empirical support.
High policing in colonial context and its residues in present policing are
now being examined by scholars such as Georgina Sinclair (2011). The
residues are found throughout the world: the consequences of French,
Portuguese, Spanish, Dutch and English rule.
13 Some complexities remain in the reception of the work on high policing

(Greene, Forst, Lynch, 2010). The concept has not been fully accepted in the sense
that Jean-Paul intended: as a function carried out by alldemocraticpoliceallthe
time as a central or core function. North American scholars remain wedded to the
idea that high policing is an exception, a periodic malfunction and a minor theme
in what properly should be the study of an efficient, crime-focused, semi-
accountable organization.2 Enforcing laws and managing crime is one of the
responsibilities of the police; however, few other than Jean-Paul rejected the
notion that policing is essentially crime-focused. Most of the literature on police
deviance remains focused on corruption and deals with it conceptually as it was
done prior to the publication of HLP. High policing of all sorts is still viewed by
scholars, judges, and politicians as corruption, deviance, and or scandal and
dealt with by illusion and impression management. For example, the Morris
Tribunal in Ireland (Conway, 2010) was restricted to matters of evidence
mishandling by the Garda (legalistic) in Donegal (a County of Ireland surrounded
by Northern Ireland), although the reports discussed many other flaws and
organizational maladies. Police corruption remains defined as a matter of
illegality connected generally with personal gain rather than routine everyday
policing. Furthermore, efforts to create a web of accountability and auditing are
weak and ineffectual e.g., in Northern Ireland, none of the organizations have
access to secret operations carried out by MI5 (with some 300 officers seconded
from the PSNI). As Dermot Walsh has argued (2009), the Garda have widened
their secret operations on the basis of EEU policing conventions on cross border
policing, drug law enforcement and illegal immigration. The rationale employed
publically by these agencies is it is essential to national security. This draws
down the curtain for everyone save the Minister of Justice and Equality. This
curtain has also been used in the Morris investigation to obscure certain aspects of
the Gardas functions. In general, one can agree with Brodeur and Bittner (1972,
39) that accountability takes the form of bureaucratically symbolized
communication. We really do not know what goes on when, how and why in this
black box of high policing.
14 Jean-Paul was perhaps best positioned of his generation to do an analysis of the
nature of secrecy in a democratic agency as a result of his work on the Keable
inquiry. Unfortunately, I must observe that we have made no advance in
promoting and publishing studies of high policing agencies (Mulqueen, 2009).
There are no systematic studies of on-going high policing locally or nationally, and
notably, none that are based on close ethnographic observation (See Greene,
Forst, Lynch, 2011). Even the rather interesting U.S. Report of the 911
Commission was cloaked in bureaucratic problems and solutions couched within
the formal modes: reform by bureaucratic specialization and differentiation.
There are few studies of riot police on the continent; intelligence agencies in North
America, the U.K., and Canada; or the CIA, DIA, and FBI, the security functions of
the London Metropolitan Police; the PSNI and the Garda. We lack scholarly
studies of major military or federal law enforcement agencies. There is a scattering
of books by journalists and ex-members of these agencies, and a remarkable book,
based on recently released records of the secret police of the former East Germany
(Glaeser, 2011). Most of the work done on surveillance and tracking, monitoring
and the reflexivity of technology are highly speculative, based on media or
internet-derived reporting. We now know something about the architecture of
secret policing, how it is built, but little about its actual functioning: how it is
done, by whom, and why. The fact of agency secrecy, legally and by tradition or
convention well protected, is well known. Nevertheless, the futile study of
accountability, corruption and police deviance remains alive and well. There
can be no accountability when the organization is shielded for its high policing
functions and where the most important support, financially and politically lies
with the central government of the day. The true and durable nature of high
policing is unstudied.
HighandLowandanemergent
theoryofpolicing
15 Jean-Paul set a high standard for shaping a theory of policing and articulated
important questions in this regard. The 1983 paper contained the core of Jean-
Pauls theory of policing, including the discordant themes and contrasts between
the visible, legal, public face of policing and the secret, powerful, unacknowledged,
hidden, quasi-legal face. Jean-Pauls theory of policing aims to be inclusive,
comparative/historical and to include antinomies or self-contradictory arguments
(ThePolicingWeb, 3-15). This includes the role of high policing in which the state
as protector defines itself as a victim, or in effect works against its own claims to
protect and preserve the rights of its citizens (Loader, Walker, 2007). Further, the
state can be the citizens most powerful enemy.
16 In general, I found the arguments of ThePolicingWeb convincing, sound and
well documented. Two modest points might be made about Brodeurs theorizing:
17 1) He expanded the idea of the police mandate, a concept derived from the work
of E.C. Hughes. Jean-Pauls argument suggests the ambiguity of the recognized

mandate which overlooks or ignores the necessary dirty work (Hughes, 1971,
343-347) of the police. He focuses on the carrying out of specific functions that are
denied to others. The mandate question can be linked to broader questions as
well. The open-ended aspect of the mandate- which might be called operating with
the exigency clause and the capacity to operate by exception- is critical. This
means in practice the capacity to exclude from consideration that which is
generally accepted by tradition or convention. This unstated aspect of the
mandate is the source of expanding powers and is a powerful and original
contribution to theorizing policing. I believe this is implicit in Jean-Pauls
argument. The exclusionary element covers the use of fatal force when used within
the ambit of the occupation and in a non-trivial fashion. But proceeding by
exception (Manning, 2010, 44), the mandate also conveniently includes secret
dealings, including torture, that are connoted by the conception of high policing.
18 2) There is some latitude in a notional fuzzy definition of policing. I believe
that the central feature of Brodeurs explication of the policing puzzle or web is his
definition of policing (ThePolicingWeb, 139): police are agents authorized to use
diverse means prohibited to the rest of policed society in order to uphold a
particular kind of sociopolitical order. While less precise than the Bittnerian
notion that the core skill of the police is the capacity to use force skillfully,
Bittners definition allowsustotakeintoaccountcrucialdifferencesbetween
the functions and behavior of the various components of the police web (139).
This, Jean-Paul argues, is a stepping stone from which it will be possible to
identify the specific extralegal means used by different policing agents (139).
Thus, we have the definition of the police as a general kind of agency, policing as a
web of distinctive functions, and the identified key feature of policing which is not
violence or coercion, but that which is prohibited to others in the policed society.
As An interview with Bittner (Brodeur, 2007) elucidated, it is not the use of
force that is the core of policing, but the threat and credibility of the threat, its
potential as well as the measured use of violence when it is applied. The point is
really quite Weberian- power and any other meaningful action works only when
there is a high probability that the request will be validated. This working notion
Brodeur calls presumptive compliance (The Policing Web, 110). In the end,
Brodeurs challenge to Bittner is very subtle but persuasive. In general, in post-
modern societies, there is less need for direct violence, while new forms of
communication, tracking and monitoring are more important. The threat or use of
coercive force recedes in operational salience. There is one final irony: although
policing less and less rests on the direct application of force, the media and the
police command have seized the rhetoric of controlling risk and contingencies
such that people firmly do believe in the reality of the thin blue line thesis, and
recognize it as a significant feature of the mandate. I think these ideas are at the
edges of the idea of a policing web, and can be developed in further research.
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Notes
1 The term high policing was developed first by Brian Chapman (1970) and was used as
tool to analyze European modes of ensuring state security by secret means. The analysis in
Thepolicingweb (see below) goes far beyond the historical outline provided by Chapman.
2 I argued in 1977 that policing is neutral on behalf of the state, emphasizing that in the
final analysis, even local police would owe allegiance to the state if its security were
threatened. Maureen Cain (1979), like Jean-Paul, had argued that policing was essentially
about political ordering.
Pourcitercetarticle
Rfrencelectronique
PeterK.Manning,JeanPaulBrodeuronHighandLowPolicing,Champpnal/Penal
field[Enligne],Vol.IX|2012,misenlignele30janvier2012,consultle24fvrier2015.
URL:http://champpenal.revues.org/8285DOI:10.4000/champpenal.8285
Auteur
PeterK.Manning
SchoolofCriminologyandCriminalJustice,NortheasternUniversity.
Contact:pet.manning@neu.edu
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2/24/2015 Jean-Paul Brodeur on High and Low Policing

Champ pnal/Penal field

other well-known terrorist acts. Low policing versions of surveillance have

13 Some complexities remain in the reception of the work on high policing

of E.C. Hughes. Jean-Pauls argument suggests the ambiguity of the recognized

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