Introduction
The debate regarding police independence versus police accountability has been hotly contested since at least the 1960s.1 At the heart of the debate are questions relating to the degree and manner of oversight to which police forces should be subjected, while maintaining the independence of those polices forces to carry out their duties free from undue political (or other) interferences. This essay examines the principles underlying the “independence of the office of constable”, the notion of responsible government, and how the interaction between these two ideas has been characterised in the literature. It will be demonstrated that police independence and responsible government (that is, police accountability) are not mutually exclusive concepts and that they can (and occasionally do) co-exist.
The office of constable (or, police independence)
A casual reading of the literature discussing the office of the constable tends to suggest that the principle is some easily defined, cogent and stable phenomenon. A more prescient analysis however, reveals that the very idea is and has always been a highly contested, nebulous and transient concept. Indeed, as highlighted by Stenning, the idea itself is unique to only a few “common law jurisdictions and...until very recently, has been entirely the creation of judicial pronouncement...having no clear constitutional or statutory basis”.2 Moreover, even among the United Kingdom, Australia, and New Zealand, there are marked distinctions “about the content, scope, application, acceptability and presumed implications of the idea” of the office of constable.3
To the extent that any agreement has been arrived at as to the meaning of the independence of the office of constable, ...
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...urnal of Police Science & Management, Vol. 6, No. 3, 2004, pp. 115-125
Smith, G., “Citizen Oversight of Independent Police Services: Bifurcated Accountability, Regulation Creep, and Lesson Learning”, Regulation and Governance, Vol. 3, 2009, pp. 421-441
Stenning, P., “The Idea of the Political “Independence” of the Police: International Interpretations and Experiences”, in Beare, M. & Murray, T., (eds), Police & Government Relations: Whose Calling the Shots, University of Toronto Press, pp. 183-256
Walsh, D. P. J. & Conway, V., “Police Governance and Accountability: Overview of Current Issues”, Crime Law and Social Change, Vol. 55, No. 2-3, 2011, pp. 61-86
Wood, D. & MacAlister, D., “Accountable, Responsive and Independent: On the Need for Balance in Police Governance”, International Journal of Police Science and Management, Vol. 7, No. 3, 2005, pp. 197-207
This essay will introduce two competing perspectives of policing, they are the orthodox and revisionist perspectives. This essay will then relate the orthodox and revisionist perspectives to the themes of lack of structure, industrialisation and finally hostility. The essay will then discuss whether the creation of the Metropolitan Police by Sir Robert Peel in 1829 was an effective
Volunteers took on the role of the constable by appointment and served a year period of office. They were also expected to carry on their day jobs much like the Special constables of today. Similarly, men w...
Although accountability has always been an issue, the injustices that are currently occurring make it priority. Police officers are getting “special treatment” and are not facing charges for crimes they have committed. Police officers are not held accountable for their a...
Police misconduct has been in existence since the 1600’s, European Influence on American Policing. Ironically, Police Officers in modern day continue the legacy of the police “culture” (Barry, 1999). A culture of abuse of authority or discretion, code of silence amongst officers, discrimination, and a strong belief that “cops — and firefighters — stick together, in life and death situations” (Wetendorf, 2004). Regardless of the abuse of authority officers conduct, it is a clear sign of poor ethics and morals amongst officers.
Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can lead to the denial of citizen rights. Strategies that control the use of discretion are, therefore, very important. The benefits and problems of police discretion and controlling strategies are the focus of this essay.
American policing originated from early English law and is profoundly influenced by its history. Early law enforcement in England took on two forms of policing, one of which heavily influenced modern policing and it is known as the watch (Potter, 2013). The watch consisted, at first, of volunteers which had to patrol the streets for any kind of disorder including crime and fire. After men attempted to get out of volunteering by paying others, it became a paid professional position (Walker & Katz, 2012). The three eras of policing in America are shaped by these early ideas and practices of law enforcement. Throughout time, sufficient improvements and advancements have been made from the political era to the professional era and finally the community era which attempts to eliminate corruption, hire qualified officers and create an overall effective law enforcement system.
Wilson, J. (1978). Varieties of Police Behavior: The Management of Law and Order in Eight American Communities. American Journal of Sociology, 75(1), 160-162
Skogan, W., Meares, T. (2004) ‘Lawful Policing’ The Annals of the American Academy of Political and Social Science 66 (18)
Police officers have a substantial amount of responsibilities that are required to be upheld on an everyday basis. They are said to be the “front-line soldiers” in the criminal justice system (Fleming, Ramcharan, Dowler, & de Lint, 2007, p. 2) meaning they’re the first in the government to have face-to-face communication with the potential offender. “To Protect & Serve” is a broad motto that sums up the duties of a good police officer. Their role begins when a report to the police is made, actions or suspicions of a crime is present, and/or following an investigation made by the law enforcement (Fleming, Ramcharan, Dowler, & de Lint, 2007, p. 2). Typical tasks officers are engaged in are: to preserve the peace, prevent crime, enforce the law, investigate crimes, lay charges, etc (Fleming, Ramcharan, Dowler, de Lint, 2007, p. 105) but there is more to what is generally mentioned by the public, online sources, articles, books, and even the police themselves. Officers not only conduct a criminal investigation, but they also decide whether or not to proceed with obtaining an arrest which is a serious step in the justice process (Fleming, Ramcharan, Dowler, & de Lint, 2007, p. 2 & 4). Authors of The Canadian Criminal Justice System (2007, p. 4) states that because it is impossible to convict every single person who has broken...
Hodgson, Jacqueline. "Adding Injury to Injustice: The Suspect at the Police Station." Journal of Law and Society Mar. 1994: 85-101. Academic OneFile. Web. 15 Feb. 2015.
The ability of police to exercise discretion was originally designed to allow officers to maintain the peace by allowing certain types of crime to remain unpunished in certain circumstances. This essay will aim to explore the issue of police discretion that suggests that the application of discretion works against the interests of Aboriginal and Torres Strait Islander peoples. In drawing this conclusion, this essay will examine the relationship between policing ideals and the use of discretionary powers and the relationship between policing attitudes and the use of discretionary powers. A discussion regarding the use of police discretion towards Aboriginal and Torres Strait Islander peoples can scarcely be mentioned without making reference to arguably the greatest failing by a police officer since indigenous Australians were formally recognised as citizens. Further to this, the case of Mulrunji Doomadgee (Cameron) will be examined from the point of view of officer discretionary powers. The penultimate point to be made will involve the Anglo Australian response to this case as well as the ongoing relationship between indigenous Australians and the institutions that govern them. As mentioned, the first point will involve policing ideals and their relationship to discretionary powers.
Cordner, G. W., & Scarborough, K. E. (2010). Police administration (7th ed.). Albany, N.Y.: LexisNexis/Anderson Pub.
The focus is on the issues of police accountability in modern society, and in particular why their accountability is more important than other professions. This is not surprising considering the amount of power and discretion police officers have, and the level of trust that the public holds with these civil servants. Police officers accountability is the biggest thing in their profession which has been an issue of concern they have to be accountable to the police department who want the officer to be an effective and responsible person, to people in the community who have best expectation from an officer and being accountable to themselves for their acts. An ordinary citizen of a country cannot obtain the powers that police officer’s have.
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).
In order to understand the attitudes towards police work and the actions of police officers one can make use of the Structure-agency debate which has three distinct perspectives; structure, agency and structuration. This essay shall argue which position is best to apply by drawing on sociological theories and concepts.