POLICE POWER AND POLICING CONTEXT

Police Power and policing Context

Police Power and policing Context

Introduction

Juvenal posed the question during Roman times: “Who will watch the watchmen?” This has been a persistent question for civil society in regard to police, particularly as concerns of civil liberties and individual lights have grown in liberal democracies over the course of the 20th and 21st centuries. Police are central players within the administration of criminal justice and the primary point of interaction between the criminal justice system and the public. The issue of internal review, and public perceptions of the veracity of such review practices, is one that most impacts citizens and their understanding of police and issues of police legitimacy.

Police have access to a range of resources that can be used for addressing problems. Yet these resources are unique to the role and not shared with others in society—particularly the legitimized capacity to use force. Police have powers of enforcement that are not available to other citizens. These extraordinary powers are accompanied by a profound responsibility to engage them properly. Beyond this, the criminal justice system provides police greater access to practices of law enforcement in terms of what they can do, beyond their legal powers, and in terms of organizational access to other components of the system (Shantz, 2011, pp. 54-62).

Attempts have typically been made to balance the unique powers of police with individual civil liberties and due process, both for officers and for citizens with whom they interact, and possibly conflict. Where complaints have been made against officers, efforts have focused on internal procedures, investigations, and hearings. Debates have tended to revolve around the most effective and appropriate means to facilitate and defend personal liberty while not unduly or overly restraining police through regulations. The police in many jurisdictions in United Kingdom are self-regulating, with internal oversights and discipline the only primary control. The involvement of external actors in internal review practices can spur police officer resistance, particularly from police associations or unions.

An effective system is necessary to deter and punish abuse or misconduct. The demands for accountability are among the most pressing for law enforcement agencies. Currently, most academic researchers and commentators have argued for the need to change police internal discipline systems that allow the police themselves to be judge and jury in their own cause for cases in which a citizen files a complaint against an officer. These published voices include former police officers, such as Alan Grant (1992), Juan Antonio Juarez (2004), and Norm Stamper (2006). Kelly suggests that ineffective or inadequate responses can have negative impacts on community-police relations that can last a generation or more, so the stakes are high.

Discussion

Overview of Police Internal Review Practices

Police have experienced substantial increases in their powers, reach, and resources since even the middle of the 20th century. In the early days of modern policing in the 19th century, police forces were loosely organized and numerically small with limited powers and resources. Their limited powers were further discouraged from expansion through restricted budgets. This was partly a reflection of suspicion of newly emergent police forces and their potential as power holders. At the same time, citizenship rights were also circumscribed.

Under such circumstances, a regular, independent oversight apparatus organized to receive and investigate complaints made by citizens against the police was not viewed as ...