NCJ Number
206020
Date Published
2004
Length
16 pages
Annotation
This chapter considers whether "communitarian protectionism" as promoted in the United Kingdom has been advanced at the expense of individual human rights.
Abstract
The influential communitarian socio-political agenda that emerged in the 1980's in the United States emphasized that although individuals have rights in the traditional liberal sense, they also have social responsibilities to the whole community, for which they should be held accountable. In Great Britain, Antisocial Behavior Orders (ASBO's) were introduced by a "New" Labour Government that was strongly influenced by the communitarian agenda, as its dominant theme was that autonomous selves do not live in isolation but are shaped by the values and culture of communities. Based on this perspective, measures have been taken to protect and enhance the community against the interests of antisocial individuals and groups. Antisocial behavior is difficult to define, however. Behavior that one person finds offensive may be common and tolerable to another. Offensive behavior may range from verbal abuse and noise to criminal behavior. This focus on a broad range of antisocial behavior stems from the "broken windows" theory, which holds that even minor signs of disorder in a community can lead to an escalation in irresponsible and even criminal behavior in a community. ASBO applications, which have been authorized under the Crime and Disorder Act 1998, are brought to the magistrates' court either by the local authority or the police, but only after consultation with one another. They can be issued against any individual over the age of 10 who has acted in an antisocial manner that has caused or was likely to cause harassment, alarm, or distress to one or more persons not of the household. The behavior need only be proved on a balance of probabilities, and hearsay evidence is admissible. If the application is successful, the court can make an order that prohibits the defendant from behaving in the manner cited in the application for a period of 2 years. Violation of the ASBO is an arrestable offense. ASBO's are a sign that the balance between collective and individual rights may have shifted too much in favor of the collective at the expense of individual liberty. Moreover, due-process values have been compromised under this agenda. Although ASBO's can have a proper role in providing for intervention in cases of juvenile problem behaviors, specific conditions should apply before an order can be sought, so as to prevent their wholesale use against behaviors that involve harmless departures from the norm. Further, due process procedures should apply given the stigmatizing effect of an ASBO. 2 notes