Police accountability
Encyclopedia
Police accountability involves holding both individual police officer
s, as well as law enforcement agencies
responsible for effectively delivering basic services of crime control and maintaining order, while treating individuals fairly and within the bounds of law. Police are expected to uphold laws, regarding due process
, search and seizure
, arrest
s, discrimination
, as well as other laws relating to equal employment, sexual harassment
, etc. In a democratic
society, the political process and elected officials serve to keep the police accountable and that they reflect the "will of the people". In turn, holding police accountable is important for maintaining the public's "faith in the system".
, that spelled out reforms but left to the police to implement them, often with limited success.
A series of U.S. Supreme Court
decisions under the Warren Court
led to important changes in policing, with respect to civil rights and constitutional law
. Mapp v. Ohio
in 1961 and Miranda v. Arizona
in 1966 were two highly influential court decisions. Mapp v. Ohio found that evidence obtained in violation of the Fourth Amendment
protection against "unreasonable searches and seizures" may not be used in criminal prosecutions. Miranda v. Arizona required that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. These decisions began to set national standards for policing.
Special commissions, such as the Knapp Commission
in New York City
during the 1970s, have been used to bring about changes in law enforcement agencies. Civilian review boards (permanent external oversight agencies) have also been used as a means for improving police accountability. Civilian review boards tend to focus on individual complaints, rather than broader organizational issues that may result in long-term improvements.
The 1994 Violent Crime Control and Law Enforcement Act
authorized the United States Department of Justice
's Civil Rights Division
to bring civil
("pattern or practice") suits against local law enforcement agencies, to reign in abuses and hold them accountable. As a results, numerous departments have entered into consent decree
s or memorandum of understanding
s, requiring them to make organizational reforms. This approach shifts focus from individual officers to placing focus on police organizations.
and advocated by O.W. Wilson
largely ignored issues of police accountability and how officers should handle situations involving discretion
. Without some guidance or directives, there may be wider disparities in how citizens are treated by police, including greater potential for abuses.
by police against civilians may involve firearm
s, as well as other means. Prior to the 1970s, there were generally no written policies or review procedures regarding use of force by law enforcement in the United States. In 1972, New York City Police Department
Commissioner Patrick V. Murphy instituted a new policy that confined discretion in use of force to situations only where the officer's own life, or that of other people are in danger. This defense of life rule replaced the fleeing felon rule. The 1985 Supreme Court decision, Tennessee v. Garner
ruled that police may only use deadly force to prevent escape when the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
this is all true
Since the NYPD instituted new policies on use of force, many other law enforcement agencies have followed suit, establishing written policy that set guidelines as to when use of force is appropriate. Procedures may include requiring officers to file written reports following each incident. For incidents involving firearm
s or other use of deadly force
, internal investigation and review is often required. A mechanism in place for administrative review of other use of force incidents may also be part of the policy.
Not all law enforcement agencies in the United States had instituted reforms in the 1980s and 1990s. The United States Department of Justice investigated patterns of abuse within the Pittsburgh Bureau of Police, among other agencies, and brought legal action to force changes.
Less-than-lethal weapons, such as chemical sprays, are used as alternatives to deadly force. These weapons also require policies on their use, along with training on proper use. Police officers are also encouraged to consider a use of force continuum, and try to deescalate situations with verbal warnings and persuasion.
, resulting in death or injury, the law enforcement agency can be held liable
under civil law in the United States. Vehicle pursuits have increasingly been covered under written law enforcement agency policy, to help regulate circumstances and manner that they are conducted.
Police officer
A police officer is a warranted employee of a police force...
s, as well as law enforcement agencies
Law enforcement agency
In North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
responsible for effectively delivering basic services of crime control and maintaining order, while treating individuals fairly and within the bounds of law. Police are expected to uphold laws, regarding due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
, search and seizure
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
, arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
s, discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
, as well as other laws relating to equal employment, sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
, etc. In a democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
society, the political process and elected officials serve to keep the police accountable and that they reflect the "will of the people". In turn, holding police accountable is important for maintaining the public's "faith in the system".
Police reform in the United States
Early efforts at police reform often involved external commissions, such as the Wickersham CommissionWickersham Commission
U.S. President Herbert Hoover established the Wickersham Commission, officially called the National Commission on Law Observance and Enforcement, on May 20th, 1929. Former Attorney General George W...
, that spelled out reforms but left to the police to implement them, often with limited success.
A series of U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decisions under the Warren Court
Warren Court
The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents...
led to important changes in policing, with respect to civil rights and constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
. Mapp v. Ohio
Mapp v. Ohio
Mapp v. Ohio, , was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as...
in 1961 and Miranda v. Arizona
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...
in 1966 were two highly influential court decisions. Mapp v. Ohio found that evidence obtained in violation of the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
protection against "unreasonable searches and seizures" may not be used in criminal prosecutions. Miranda v. Arizona required that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. These decisions began to set national standards for policing.
Special commissions, such as the Knapp Commission
Knapp Commission
The Knapp Commission stemmed from a five-member panel initially formed in April 1970 by Mayor John V. Lindsay to investigate corruption within the New York City Police Department...
in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
during the 1970s, have been used to bring about changes in law enforcement agencies. Civilian review boards (permanent external oversight agencies) have also been used as a means for improving police accountability. Civilian review boards tend to focus on individual complaints, rather than broader organizational issues that may result in long-term improvements.
The 1994 Violent Crime Control and Law Enforcement Act
Violent Crime Control and Law Enforcement Act
The Violent Crime Control and Law Enforcement Act, , , was an act of Congress dealing with crime and law enforcement that became law in 1994. It is the largest crime bill in the history of the US at 356 pages and will provide for 100,000 new police officers, $9.7 billion in funding for prisons and...
authorized the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
's Civil Rights Division
United States Department of Justice Civil Rights Division
The U.S. Department of Justice Civil Rights Division is the institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion, and national origin. The Division was established on December 9, 1957, by...
to bring civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
("pattern or practice") suits against local law enforcement agencies, to reign in abuses and hold them accountable. As a results, numerous departments have entered into consent decree
Consent decree
A consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
s or memorandum of understanding
Memorandum of understanding
A memorandum of understanding is a document describing a bilateral or multilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in...
s, requiring them to make organizational reforms. This approach shifts focus from individual officers to placing focus on police organizations.
Discretion
The police professionalism approach introduced by August VollmerAugust Vollmer
August "Gus" Vollmer was a leading figure in the development of the field of criminal justice in the United States in the early 20th century. He was also the first police chief of Berkeley, California.-Youth:...
and advocated by O.W. Wilson
Orlando Winfield Wilson
Orlando Winfield Wilson , also known as O.W. Wilson, was an influential leader in policing, having served as Superintendent of Police of the Chicago Police Department, chief of police in Fullerton, California and Wichita, Kansas, and authored several books on policing.-Background:Wilson was born on...
largely ignored issues of police accountability and how officers should handle situations involving discretion
Discretion
Discretion is a noun in the English language with several meanings revolving around the judgment of the person exercising the characteristic.-Meanings:*"The Art of suiting action to particular circumstances"...
. Without some guidance or directives, there may be wider disparities in how citizens are treated by police, including greater potential for abuses.
Use of force
Use of forceUse of force
The term use of force describes a right of an individual or authority to settle conflicts or prevent certain actions by applying measures to either: a) dissuade another party from a particular course of action, or b) physically intervene to stop them...
by police against civilians may involve firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s, as well as other means. Prior to the 1970s, there were generally no written policies or review procedures regarding use of force by law enforcement in the United States. In 1972, New York City Police Department
New York City Police Department
The New York City Police Department , established in 1845, is currently the largest municipal police force in the United States, with primary responsibilities in law enforcement and investigation within the five boroughs of New York City...
Commissioner Patrick V. Murphy instituted a new policy that confined discretion in use of force to situations only where the officer's own life, or that of other people are in danger. This defense of life rule replaced the fleeing felon rule. The 1985 Supreme Court decision, Tennessee v. Garner
Tennessee v. Garner
Tennessee v. Garner, 471 U.S. 1 , was a case in which the Supreme Court of the United States held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that...
ruled that police may only use deadly force to prevent escape when the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
this is all true
Since the NYPD instituted new policies on use of force, many other law enforcement agencies have followed suit, establishing written policy that set guidelines as to when use of force is appropriate. Procedures may include requiring officers to file written reports following each incident. For incidents involving firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s or other use of deadly force
Deadly force
Deadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
, internal investigation and review is often required. A mechanism in place for administrative review of other use of force incidents may also be part of the policy.
Not all law enforcement agencies in the United States had instituted reforms in the 1980s and 1990s. The United States Department of Justice investigated patterns of abuse within the Pittsburgh Bureau of Police, among other agencies, and brought legal action to force changes.
Less-than-lethal weapons, such as chemical sprays, are used as alternatives to deadly force. These weapons also require policies on their use, along with training on proper use. Police officers are also encouraged to consider a use of force continuum, and try to deescalate situations with verbal warnings and persuasion.
Vehicle pursuits
Vehicle pursuits are another use of police power that can involve much discretion on part of the officer. Though, if a pursuit is conducted negligentlyNegligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
, resulting in death or injury, the law enforcement agency can be held liable
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
under civil law in the United States. Vehicle pursuits have increasingly been covered under written law enforcement agency policy, to help regulate circumstances and manner that they are conducted.