© 2011 The McGraw-Hill Companies, Inc. All rights reserved.

Police in AmericaPolice in America

Chapter FourteenChapter Fourteen

Accountability of Accountability of the Policethe Police

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A Definition of AccountabilityA Definition of Accountability

Accountability means having to answer for Accountability means having to answer for one’s conduct. Both police organizations one’s conduct. Both police organizations and individual police officers are and individual police officers are accountable to the public, to elected accountable to the public, to elected officials, and to the courts for how well officials, and to the courts for how well they control crime and maintain order they control crime and maintain order while remaining in compliance with the while remaining in compliance with the law.law.

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The Dimensions of The Dimensions of AccountabilityAccountability

The police should be The police should be accountable to the accountable to the public for what they public for what they do.do.

The police should be The police should be accountable to the accountable to the public for how they do public for how they do their job.their job.

Governmental officials Governmental officials must hold the police must hold the police accountable.accountable.

The Dilemmas of Policing in Democracy

Public often demands crime control techniques that are unlawful

A Historical Perspective on Accountability:

Throughout most of their history, American police were not held accountable

Procedures for accountability began to develop in 1950’s

COMPSTAT

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Accountable for Accountable for WhatWhat the Police Do the Police Do

Traditional approachTraditional approach– Crime rateCrime rate– Clearance rateClearance rate– Response timeResponse time

New MeasuresNew Measures– Survey of citizens Survey of citizens

about their about their neighborhood officersneighborhood officers

COMPSTATCOMPSTAT– Holds middle level Holds middle level

managers accountable managers accountable for crime in their areasfor crime in their areas

– Command officers are Command officers are asked to explain data asked to explain data and detail what they and detail what they are doing about crime are doing about crime trends.trends.

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COMPSTATCOMPSTAT

COMPSTAT: Computer Comparison COMPSTAT: Computer Comparison Statistics. An Organizational model, first Statistics. An Organizational model, first used by the New York City police in 1994, used by the New York City police in 1994, that allows police departments to blend that allows police departments to blend timely intelligence, effective tactics, rapid timely intelligence, effective tactics, rapid deployment of personnel, and vigorous deployment of personnel, and vigorous follow-up and assessment.follow-up and assessment.

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Accountability for Accountability for HowHow the the Police Do Their JobPolice Do Their Job

Routine supervisionRoutine supervision– SergeantSergeant– Span of controlSpan of control– Close supervisionClose supervision– Coaching, Mentoring, LeadingCoaching, Mentoring, Leading– Organizational CultureOrganizational Culture– Corrective Action: Formal and Corrective Action: Formal and

InformalInformal– Written policies and reporting Written policies and reporting

requirementsrequirements– Performance EvaluationsPerformance Evaluations

Christopher CommissionChristopher Commission

Internal Affairs UnitsInternal Affairs Units– Investigates misconductInvestigates misconduct– Accreditation standardsAccreditation standards

CALEACALEA

– Code of silenceCode of silence– Early warning systemsEarly warning systems

ComplaintsComplaints LawsuitsLawsuits Use of force Use of force

Internal Mechanisms of Accountability:

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Internal Discipline IssuesInternal Discipline Issues

1. Staffing1. Staffing

2. Training for investigators2. Training for investigators

3. Appropriate Discipline3. Appropriate Discipline

4. Consistent and Fair Discipline4. Consistent and Fair Discipline

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Standards of IA Citizen Complaint Standards of IA Citizen Complaint ProceduresProcedures

The 2000 Internal Affairs Policy and Procedures The 2000 Internal Affairs Policy and Procedures (IAPP) of New Jersey requires each department (IAPP) of New Jersey requires each department to accept complaints “from any person, including to accept complaints “from any person, including anonymous sources”anonymous sources”

Using Discipline Records in Personnel DecisionsUsing Discipline Records in Personnel Decisions– 1991 Christopher Commission changed LAPD 1991 Christopher Commission changed LAPD

standards to take more factors into consideration standards to take more factors into consideration when promoting or reassigning officerswhen promoting or reassigning officers Ex: Number of prior violations, pattern of misconduct in the Ex: Number of prior violations, pattern of misconduct in the

past, nature and seriousness of past violationspast, nature and seriousness of past violations

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The “Code of Silence”The “Code of Silence”

““Code of Silence”: Also known as the Code of Silence”: Also known as the “blue curtain,” a code of honor among “blue curtain,” a code of honor among police officers whereby officers refuse to police officers whereby officers refuse to testify against corrupt colleagues, creating testify against corrupt colleagues, creating a veil of secrecy around police actions.a veil of secrecy around police actions.

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Early Intervention SystemsEarly Intervention Systems

Officers with Performance ProblemsOfficers with Performance Problems– Early Intervention SystemEarly Intervention System: A management information : A management information

system that complies and analyzes data on system that complies and analyzes data on problematic police officer behavior, citizen complaints, problematic police officer behavior, citizen complaints, police officer use-of-force reports, and other indicators police officer use-of-force reports, and other indicators to identify officers with recurring performance to identify officers with recurring performance problems.problems.

The Nature of EI SystemsThe Nature of EI Systems– Performance data is entered into a computerized Performance data is entered into a computerized

databasedatabase– Data is analyzed to identify problem officersData is analyzed to identify problem officers

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The Components of an Early The Components of an Early Intervention SystemIntervention System

IdentificationIdentification– Performance indicatorsPerformance indicators– Analysis of dataAnalysis of data– Identification of officers with performance problemsIdentification of officers with performance problems

SelectionSelection– Assessment of identified officersAssessment of identified officers– Selection of officers for interventionSelection of officers for intervention

InterventionIntervention– Effort to improve officer performanceEffort to improve officer performance– Supervisor’s counselingSupervisor’s counseling– TrainingTraining– Referral to professional counselingReferral to professional counseling

Follow-upFollow-up– Monitor officer’s performance, postinterventionMonitor officer’s performance, postintervention

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Goals of EI SystemsGoals of EI Systems

Different target audiencesDifferent target audiences– 1. Individual officers1. Individual officers

Improve performance of those having trouble dealing Improve performance of those having trouble dealing with citizenswith citizens

– 2. Supervisors2. Supervisors Give them data to help focus their effortsGive them data to help focus their efforts

– 3. The department3. The department Improve the department as a whole by systematically Improve the department as a whole by systematically

identifying unacceptable officer performanceidentifying unacceptable officer performance

– 4. Police-community relations4. Police-community relations Reduce specific problems in the community while Reduce specific problems in the community while

simultaneously communicating to the public simultaneously communicating to the public

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Effectiveness of EI SystemsEffectiveness of EI Systems

Successful in reducing officer use of force and Successful in reducing officer use of force and citizen complaintscitizen complaints

Successful in identifying officers with Successful in identifying officers with performance problems and correcting their performance problems and correcting their performanceperformance

Improvement of management and supervisionImprovement of management and supervision– Sergeants can evaluate the strengths and Sergeants can evaluate the strengths and

weaknesses of their squads before meeting themweaknesses of their squads before meeting them– Managers can intervene with help before misconduct Managers can intervene with help before misconduct

occurs and requires disciplineoccurs and requires discipline

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Risk Management and Police Legal Risk Management and Police Legal AdvisorsAdvisors

Risk Management (RM): a process widely used Risk Management (RM): a process widely used in private industry and in health care agencies to in private industry and in health care agencies to reduce the cost associated with lawsuits against reduce the cost associated with lawsuits against the organization. the organization. – Not widely used in U.S.Not widely used in U.S.

Police Legal Advisor: a lawyer or team of Police Legal Advisor: a lawyer or team of lawyers employed by the police department lawyers employed by the police department itself.itself.– Purpose is preventative: review policies before a Purpose is preventative: review policies before a

problem arisesproblem arises

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Surveying the CommunitySurveying the Community

Another method to holding police Another method to holding police departments accountable is to survey departments accountable is to survey residents about their experiences and residents about their experiences and perceptions of the departmentperceptions of the department

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AccreditationAccreditation The Nature of Accreditation: The Nature of Accreditation:

Accreditation is the process of voluntary professional self-Accreditation is the process of voluntary professional self-regulation that serves as a final approach to establishing regulation that serves as a final approach to establishing minimum national standards in policing.minimum national standards in policing.

Benefits Benefits Reduced insurance costsReduced insurance costs Improved use of force reportingImproved use of force reporting Improved procedures for juvenilesImproved procedures for juveniles

CriticismsCriticisms Voluntary processVoluntary process Set minimum standards, but do not define optimum standards Set minimum standards, but do not define optimum standards

for excellencefor excellence Only address purely formal aspects of administration without Only address purely formal aspects of administration without

addressing specific contentaddressing specific content Too expensive and time-consumingToo expensive and time-consuming

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External Mechanisms of External Mechanisms of AccountabilityAccountability

The political processThe political process– Citizens can elect police chiefs, sheriffs, and other Citizens can elect police chiefs, sheriffs, and other

officials and thus, they control the police and other officials and thus, they control the police and other government agencies through the political processgovernment agencies through the political process

– Executive BranchExecutive Branch Appoints police chiefs, directors of state police, U.S. Appoints police chiefs, directors of state police, U.S.

attorney generalattorney general

– Legislative BranchLegislative Branch BudgetsBudgets

– Judicial BranchJudicial Branch Serves as a check and balance, assuring compliance with Serves as a check and balance, assuring compliance with

the lawthe law

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The CourtsThe Courts The Supreme Court and the PoliceThe Supreme Court and the Police

– Mapp v. Ohio Mapp v. Ohio (1961): “all evidence obtained by searches and (1961): “all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, seizures in violation of the Constitution is, by that same authority, inadmissible in a state courtinadmissible in a state court

Impact of Supreme Court DecisionsImpact of Supreme Court Decisions– Miranda Miranda requirements changed how officers are trained and go requirements changed how officers are trained and go

about gathering evidenceabout gathering evidence– Studies show the exclusionary rule does not limit the crime-fighting Studies show the exclusionary rule does not limit the crime-fighting

capacity of the policecapacity of the police– Court is limited, though, as it cannot supervise day-today police Court is limited, though, as it cannot supervise day-today police

operationsoperations Civil Suit against the PoliceCivil Suit against the Police

– Victims of police abuse can sue in federal court under state or Victims of police abuse can sue in federal court under state or federal law for civil damagesfederal law for civil damages

– Lawsuits are expensive, time-consuming, and difficult to winLawsuits are expensive, time-consuming, and difficult to win

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Federal “Pattern or Practice” SuitsFederal “Pattern or Practice” Suits

Department of Justice SuitsDepartment of Justice Suits– Most pattern or practice suits are brought through the Most pattern or practice suits are brought through the

U.S. Justice DepartmentU.S. Justice Department– Pattern or practice cases are settled through a Pattern or practice cases are settled through a consent consent

decreedecree, a memorandum of agreement, or an , a memorandum of agreement, or an investigative findings letterinvestigative findings letter

– Pattern or practice cases: more than “sporadic bad Pattern or practice cases: more than “sporadic bad incidents” and requires “information indicating a pattern incidents” and requires “information indicating a pattern of misconduct”of misconduct”

State and Private SuitsState and Private Suits– Attorney General can bring civil suits against Attorney General can bring civil suits against

departmentsdepartments

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Federal “Pattern or Practice” Suits Federal “Pattern or Practice” Suits Cont.Cont.

Court-Ordered ReformsCourt-Ordered Reforms– Require a set of management changes Require a set of management changes

related to accountability including use of force related to accountability including use of force reporting, EI systems, improved citizen reporting, EI systems, improved citizen complaint procedures, and officer trainingcomplaint procedures, and officer training

Court-Appointed Independent MonitorsCourt-Appointed Independent Monitors– Monitors function to oversee implementation Monitors function to oversee implementation

of the court-ordered reforms, assists the of the court-ordered reforms, assists the department in implementing reforms, and to department in implementing reforms, and to issue public reports on reform progressissue public reports on reform progress

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Federal “Pattern or Practice” Suits Federal “Pattern or Practice” Suits Cont. IICont. II

The Impact of Consent DecreesThe Impact of Consent Decrees– Overall, they were successful in achieving their intended goalsOverall, they were successful in achieving their intended goals

Thinking About Court-Ordered ReformThinking About Court-Ordered Reform– Is litigation an effective tool for bringing about organizational Is litigation an effective tool for bringing about organizational

change in law enforcement agencies?change in law enforcement agencies?– Is litigation an appropriate tool in all situations?Is litigation an appropriate tool in all situations?– Will reforms be sustained following the end of a MOA or consent Will reforms be sustained following the end of a MOA or consent

decree?decree? InjunctionsInjunctions

– Led by civil rights groups to target police practices that Led by civil rights groups to target police practices that systematically violate citizen rightssystematically violate citizen rights

Criminal ProsecutionCriminal Prosecution– Police officers who violate the law can be prosecuted as criminalsPolice officers who violate the law can be prosecuted as criminals– Successful persecution is extremely difficultSuccessful persecution is extremely difficult

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Citizen Oversight of the PoliceCitizen Oversight of the Police

Citizen Oversight:Citizen Oversight: The process by which The process by which people who are not sworn officers are people who are not sworn officers are involved in some way in the review of involved in some way in the review of citizen complaints against police officerscitizen complaints against police officers

Rests on the assumption that police Rests on the assumption that police subculture prevents officers from subculture prevents officers from objectively investigating complaints objectively investigating complaints against fellow officersagainst fellow officers

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Two Models of Citizen OversightTwo Models of Citizen Oversight

1. Civilian Review Boards1. Civilian Review Boards– A board of citizens that review individual complaints A board of citizens that review individual complaints

and make recommendations to the police chiefand make recommendations to the police chief 2. Police Auditors2. Police Auditors

– Do not investigate individual citizen complaintsDo not investigate individual citizen complaints– Monitor the operations of the police departmentMonitor the operations of the police department

Goals and ObjectivesGoals and Objectives– Both operate on the assumption that providing some Both operate on the assumption that providing some

citizen input will improve policingcitizen input will improve policing– Seek increased transparency of police departmentsSeek increased transparency of police departments– Both issue detailed public reports of findingsBoth issue detailed public reports of findings

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Citizen Oversight: Pro and ConCitizen Oversight: Pro and Con

Cons:Cons:– 1. It intrudes on the professional independence of the 1. It intrudes on the professional independence of the

policepolice– 2. Non-officers are not qualified to review police 2. Non-officers are not qualified to review police

operationsoperations– 3. Too expensive and duplicates the work of internal 3. Too expensive and duplicates the work of internal

affairsaffairs– 4. Internal affairs units sustain more complaints against 4. Internal affairs units sustain more complaints against

police officerspolice officers Pros:Pros:

– 1. Serves to open up police departments and end historic 1. Serves to open up police departments and end historic isolation from the publicisolation from the public

– 2. Enhances public confidence in the complaint process2. Enhances public confidence in the complaint process

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The New Paradigm: Complaints as The New Paradigm: Complaints as a “Learning” Toola “Learning” Tool

Complaints were once ignored and went Complaints were once ignored and went uninvestigated, but today, departments view uninvestigated, but today, departments view complaints as tools to gain useful information complaints as tools to gain useful information about possible problems that need to be about possible problems that need to be addressed.addressed.

Blue-Ribbon CommissionsBlue-Ribbon Commissions– A form of external accountability A form of external accountability – Function to bring together experts in the field and Function to bring together experts in the field and

define minimum standards that can be used to seek define minimum standards that can be used to seek improvement in local departmentsimprovement in local departments

– Sponsor original research and generate new knowledge Sponsor original research and generate new knowledge about policingabout policing

– Comprehensive in scopeComprehensive in scope

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The News MediaThe News Media

Play an important role in police accountability Play an important role in police accountability through reporting on what the police are doing on through reporting on what the police are doing on a daily basisa daily basis

Helps public to make informed decisions relating Helps public to make informed decisions relating to policingto policing

Influential in exposing serious police problemsInfluential in exposing serious police problems Sometimes contribute to police problemsSometimes contribute to police problems

– Only represent sensational storiesOnly represent sensational stories– Focus too much on crime and ignore other police workFocus too much on crime and ignore other police work– Tend to emphasize negative aspects of policingTend to emphasize negative aspects of policing

Unwritten rule of news media is that good news is not newsUnwritten rule of news media is that good news is not news

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Public Interest OrganizationsPublic Interest Organizations

Public Interest Orgs. like the American Public Interest Orgs. like the American Civil Liberties Union (ACLU) in Oakland Civil Liberties Union (ACLU) in Oakland are involved in attacking police misconductare involved in attacking police misconduct– ACLU briefs were the basis for the Court’s ACLU briefs were the basis for the Court’s

decision in the landmark decision in the landmark Mapp Mapp and and Miranda Miranda casescases

NAACP has long record of fighting police NAACP has long record of fighting police use of excessive force against African use of excessive force against African AmericansAmericans

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Accountability and Crime Control: A Accountability and Crime Control: A Trade-Off?Trade-Off?

Do strict accountability measures limit the Do strict accountability measures limit the crime control effectiveness of the police?crime control effectiveness of the police?

Bayley argues breaking the law does little Bayley argues breaking the law does little to improve crime control and harms the to improve crime control and harms the police, weakens their authority and police, weakens their authority and reduces crime-control effectivenessreduces crime-control effectiveness

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A Mixed Approach to Police A Mixed Approach to Police AccountabilityAccountability

Represents a blend of internal and Represents a blend of internal and external mechanismsexternal mechanisms– No single method is the key to achieving No single method is the key to achieving

accountabilityaccountability– System of checks and balancesSystem of checks and balances

Elected officialsElected officials Police administratorsPolice administrators CourtsCourts CitizensCitizens