As mentioned from previous post, police misconduct and deviance is a serious matter seen across the world. With misconduct and deviance existing in policing, many argue the notion of police investigating police is not trustworthy. Without taking proper investigative practices against it, public trust in policing and image of policing are at risk.

In the book, “Police Corruption: Deviance, accountability and reform in policing,” written by Maurice Punch, the practice of “policing is accountability” (Punch, 2009, p.2). He states that the ideas of policing are suppose to be impartial and trustworthy. Since police organizations are given the authority to maintain peace, each and every decision police individuals make, it must be fair and accountable. When a police member has crossed the line, he or she shall be deemed responsible for their actions; in order to maintain the idea of police accountability. Corruption is in every level of organization; whether if it is “low policing” or “high policing”, corruption is present. Essentially, the notion of corruption is involved with the abuse of official power and breach of trust. With the powers given to the police force to maintain peace, police individuals who abuse their authorities to commit deviance acts for personal gains has committed in police corruption.

In the book Punch argues deviance exists in the nature of police organization, police work and culture. He furthermore elaborates the level of deviance using the apple metaphor. He describes the individual level of deviance as “bad apples” and the institutional level as “rotten orchards” (Punch, 2009). Consequently since corruption is a universal characteristic of policing, it is logical to conclude that corruption does not simply involve “bad apples,” but in institutional deviance or “rotten orchards”.

Police subculture, inside the police organization, is what shapes the “informal code;” a guide that governs police behaviours. Police subculture consists of shared norms, values, and beliefs that police individuals follow.  As Punch stated (2009) “take culture to refer to norms, values, and practices tied to ‘the way we do things around here’” (p.36). Within the subculture, elements like rule of silence, solidarity, dichotomous thinking, cynicism, suspicion, etc will make it difficult to investigate corruption within police organization.

First of all, solidarity in the police subculture refers to loyalty that each police individuals have for each other, where officers will always back up partners and take action quickly when other officers are in trouble. An element that separates citizens and police officers is cynicism in the police culture. It regards non-police individuals as potentially unreliable and unsympathetic, one whom cannot be trusted with police information (Punch, 2009). The blue wall of silence, under the police subculture, is the code where each police officer shall rat out the secrets regarding another fellow member of the police force. This element is really special because police officers follow this culture to lie in order not to expose the secrets of another police officer, even if the secret revolves a serious violation of the law.

Police individuals who follow the police subculture will choose loyalty over integrity; choose brotherhood over the correct thing to do. With this police subculture existing in the police force, it is extremely difficult to gather Intel regarding police corruption. If that is the case, police investigating police is incomputable and unaccountable. If no member of the police force is willing to snitch on their colleagues, then it is safe to conclude that no member of the force conduct a proper impartial investigation challenging their own colleagues’ decisions.

The characteristic trait of dishonesty is noticeable in police individuals. As stated by Goldschmidt and Anonymous (2008), “They [police officers] express firm belief that their extra-legal methods are necessary deterrent to criminal behaviour…” (p.113). A study, Goldschmidt and Anonymous referred to, explains police members, by the means of dishonesty, achieve the justified means by committing deviant acts such as falsifying evidence, perjury, etc. They believe this is the only way to ensure justice has been served and that bad people are locked up. This trait is very similar to the Noble Cause profile, where one believes that tough and devious methods are suitable to accomplish justice. Because of this trait of dishonesty, it is what blinds the police members’ view of impartial policing.

Police officers use techniques of neutralization to justify and rationalize their own moral guilt in order to furtherance their legal means of dishonesty. The use of dishonesty is for police officers to justify their wrongdoings of corruption for personal gains; whether they’re fabricating evidence or committing perjury, they can always have the excuse of violating for, “greater goods of public safety, organization pressures from management, or sub-cultural peer pressures” (Goldschmidt, Anonymous, 2008, p. 129). With this kind of dishonesty behaviour, it is extremely difficult to trust that police investigating police practices are accountable, impartial, and trustworthy.

Numerous attempts have been made by community groups to advocate the campaign of a civilian oversight, which will be in charge of the police complaint process. With this debate of a civilian oversight group, the public considers it beneficial to replace the practice of police investigating police. The public are aware of the flaws in practices of police investigating police as secretive, unreliable, biased, in other words –unaccountable.  From this problem, many believe this civilian organization is necessary for legitimate means of policing. The public also consider this idea will benefit by having an environment where accountability, openness, and impartiality are served (Hryniewicz, 2011).

First of all, police investigating police practices are based on internal form of reviews. Hryniewicz (2011) stated that “previous research revealed that the lack of transparency evident within the internal handling of police complaints can be significant barrier to police legitimacy, accountability” (p.78). On the contrary, the civilian oversight will be a form of external and transparency review, “largely centred on issues of accountability and legitimacy” (Hryniewicz, 2011, p.77). Due to the lack of these fundamentals, the idea of civilian oversight is a perfect concept.

This organization contributes in a couple ways. Civilian oversight is centred on, “reaffirming the community, citizenship, and public security” (Hrynewicz 2011, p78); something the police duty lacks. In order to make this concept successful, the public’s participation is the crucial. The public can work within community agencies as a role of public policing by reviewing social control efforts of the police force. They can engage in civilian review procedures to evaluate possible cases of police misconduct and corruption. The concept of allowing civilians to evaluate possible cases is a sound idea because civilians tend to be objective and view the situations in a different way compared to the police do. Civilian oversight also allows reaffirming citizenship and social values by having the right and privilege to critically question and influence cases. Because this organization will be run by civilians, information can be accessed by all level of citizens and consequently everyone is aware of the latest news of police misconducts. As I mentioned before, the police organization are secretive and protective, as a result not exposing certain information. Therefore, the civilian oversight unit cannot guarantee the proper access it needs to appropriately investigate misconduct. Perhaps a solution could be the independent unit consult a judge to issue an order for the police organization to surrender all relevant facts involving the cases.

So far, there are other areas of the world with similar ideal of a civilian oversight, reviewing police complaints. In Nova Scotia, they have this investigative unit called Serious Incident Response Team (S.I.R.T). In Hong Kong, the Independent Commission Against Corruption’s (I.C.A.C) goal is to exterminate corruption in numerous departments in government of Hong Kong, including law enforcement. The RCMP has an organization called the Commission for Public Complaints (CPC) which deals with RCMP complaints.

Ideally, this civilian oversight will consist of community members and even former police officers. In my opinion, I think it is a good idea of including police officers because the whole point of having an independent and diverse unit is to have different point of views analyzing the cases. Therefore, having formal officers’ point of view are very helpful. However, I only agree that it is helpful; if and only if, the former officers were not involved with any deviant acts or participate in corruption in their duration of the force. If former officers, who are involved with this civilian oversight, were also involved with deviant acts or corruption during their time in the force their opinions would favour the scrutinized cop, for obvious reasons.

With this much influence on public policing, the community holds a sense of security and by making a difference, the community has a sense of fulfillment. When community become involved with participating in such experience, it “enhances police credibility, accountability, and ultimately, public confidence in police services” (Hrynewicz 2011, p.78).

References:

Goldschmidt, J., Anonymous. (2008). The Necessity of Dishonesty: Police deviance, ‘making the case,’ and the public good. Routledge 18. 2: 113-135.

Hryniewicz, D. (2011): Civilian oversight as a public good: democratic policing, civilian oversight, and the social, Contemporary Justice Review, 14:1, 77-83

Punch, M. (2009). Police Corruption: Deviance, accountability and reform in policing. United Kingdom: Willan Publishing.

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Comments
  1. Mike Larsen says:

    This is a great post. You combine an analysis of the problems associated with police investigating police with a discussion of alternative approaches.

    This story may be of interest: http://www.thestar.com/opinion/editorialopinion/article/1082953–steward-the-very-model-of-a-modern-police-force .

    A few questions for you:

    1. How would you recommend implementing civilian oversight processes for policing organizations that currently follow police-investigating-police approaches? What steps should be taken to move a police service away form one approach and towards the next?

    2. How do police services benefit from civilian oversight? You touch on this in your post, but it would be helpful to directly explain the benefits of this model over a police-investigating-police model, from a police perspective.

    3. Finally, in your final post, it would be worthwhile to explain the differences between police oversight, police accountability, and police complaints processes.

    Good work.

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