Criminal Justice and Law Enforcement Leadership - Essay Example

? INTRODUCTION In any part of the world, public depends on the criminal justice system to protect them and to provide solutions regarding the crime. Nevertheless, the said system also shapes the direction of the crime policy. The criminal justice systems as well as agencies related to them are accountable among other matters such as protecting the public, enforcing the law, identifying the transgressors, treating criminal behaviour, bringing the guilty to justice, and in the implementation of the peace and order. The public relies on this vast system to protect them from evil doers and promoting justice to their lives (Siege, J. S. 2010). As the criminal justice system expands, civilians are entitled to their role in determining the standards by which they are treated and being policed by authority being in powers particularly those who use the lethal force. Moreover, civilians are given the rights to form an independent civilian review board that would serves as the venue in engaging with their grievances, concerns, and voice out their recommendations. It is important to consider that the civilian review board to be truly effective must be independent. Nevertheless, it must conduct an independent investigation regarding the complaints and not a review of an investigation conducted by the police internal affairs bureau, or otherwise, the investigation may result to the illusion of the oversight without the element of truth and reality. The veracity or truthfulness of the civilian review board will be derived directly from the civilian review of the police conduct and not vice versa. OVERSIGHT MODEL Compliance on the part of the police has been the subject in the creations of oversight in the criminal justice system in almost all the communities around the world. To drop a few, there are four oversight models to be considered in the implementation of justice in the communities. 1. Political Oversight- This is usually appointed by the mayor of a certain town. Critics of this oversight model claim that the political panels is not independent and do not hold on to the interest of the minority communities. 2. Citizen Oversight – Critics of this oversight claims that the members of the panels lack resources, and is not authorized to adopt changes in the agency policies and procedures. 3. Judicial Oversight – In this model, DOJ has the mandate to review, monitor, and evaluate the compliance of the agencies concern. Furthermore, these includes force policy revisions, and protocols. 4. The Police or Corrections Compliance Office However, in a democratic society, police holds accountable with many things. Furthermore, some of the responsibilities they are accounted for are dealing with crime and disorder, professionalism, and respect when it comes to dealing and treating people. It is therefore relevant to recommend citizen oversight among the models above to be discussed in this paper and to scrutinize the accountability of the police to the public about the treatment they render to the people. CITIZEN OVERSIGHT The creation of oversight system among the communities is rarely identical and most of the time is different. However, most of the reviews in the citizen oversight fall into four main types. 1. Citizen Review Board - Citizens are investigating on the allegations of the police misconduct and give a recommendation on the finding to the head of the agency. This is considered to be the most independent citizen review model. 2. Police Review/Citizen Oversight - Officers do the investigations on the allegations and findings were developed. After, the citizens review and recommend by which the head of the agency approves or not. Under this model, steps and process of the complaints are handled by the police. A board of citizen’s reviewer reviews those actions. Nevertheless, this model is considered to be less independent compared to Citizen Review Board. 3. Police Review/Citizen-police Appeal Board - Complainants may appeal to the citizen’s review about the findings established by the agency and make recommendations to the head of the agency. In this model, the process in the complaint is being handled by the police. Moreover, if the result of the investigation is not satisfactory on the part of the complainant, an appeal could be made to the board about how the first investigation was done. In this model, there is a limited participation on the part of the citizen. 4. Independent Citizen Auditor - Auditor will be investigating the thoroughness and the fairness of the process done by the agency in the acceptance and investigation of the complaints. In this model, the process in the complaint is totally in the jurisdiction of the police. However, the audit team has the access in the process and in the review for the accuracy of the findings. All the policemen belong to one huge and national organization and they hold on to the protection of the organizations integrity. In view of this, this agency has a big tendency of protecting themselves against the involvement of some policemen in the crimes committed to the ordinary people. The citizen’s oversight is considered to be the people’s protector against abusive police in the authority. However, law enforcement agencies shows to be reluctant in the creation of oversight Along with the implementation of such system in the communities, this agency found to be troublesome. Most of the agencies are against the creation of the oversight because they feel that the oversight procedure lack the experience and understanding of the police work that made them feel it is unfair for them. LEGAL ISSUES OF THE OVERSIGHT Some of the legal issues in the creation of the oversight are as follows: Civilian oversight must reach even farther into policing Constitutional structure to enforce the oversight is incomplete. To strengthen the expertise, resources, and independence of the oversight, there must be a creation of the permanent structure such as police ombudsman, civilian complaint review board, monitors, inspector general and independent complaint directorate. Other issues include: Size and Composition Nature and Degree of Civilian Involvement Case by Case Review vs. Policy Review Type of Complaints Reviewed Scope of Authority PROS AND CONS OF THE OVERSIGHT PROS: Increase or reinforce public trust? Enhance police accountability? Create a more ethical police culture? Increase the number of legitimate complaints? Diffuse hostility toward the department? Reduce or prevent officer misconduct? Improve fairness and thoroughness of misconduct review? Ensure that misconduct will be dealt with effectively? CONS: How satisfied are current police personnel with the internal affairs process? Do they feel the current internal affairs approach is sufficient and fair? Do they want to see a change, such as utilizing a form of citizen oversight? Do they have concerns about citizen review authority/powers? How will consideration or adoption of a form of citizen review impact officer/civilian employee morale? Is the institutional culture of the department strongly inclined toward ethical behaviour? CONCLUSION Across the globe, it is relevant to conclude that law enforcement leadership serves as the primary key to police officer accountability. The chief of the agency plays vital role in the influence of good moral among the officers behaviour by setting standards in recruitment and in developing intelligent and responsible officers that would look after the welfare of the ordinary people. Nevertheless, the use of objective review such as the creation of oversight is just one of the several tools that can be applied to help law enforcement to be responsible with their duties towards ordinary people. REFERENCES Siegel, J. S. (2010). Introduction to Criminal Justice. Wadsworth Califronia: USA. The International Association of Chiefs of Police, (2000). Police Accountability and Citizen Review. Retrieved on August 11, 2011 at http://www.theiacp.org/PoliceServices/ExecutiveServices/ProfessionalAssistance/Ethics/ReportsResources/PoliceAccountabilityandCitizenReview/tabid/193/Default.aspx#sec6 Stone, C. And Bobb, B. (2002). CIVILIAN OVERSIGHT OF THE POLICE IN DEMOCRATIC SOCIETIES. Retrieved on August 11, 2011 at http://www.vera.org/download?file=95/Civilian%2Boversight%2B2.pdf Farrow, J. And Pham, T. (2003). Citizen Oversight of Law Enforcement: Challenge and Opprtunity. Retrieved on August 11, 2011 at http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=111&issue_id=102003 Schmidt, W.W. (2004). Criminal Justice Compliance Officer: A new title and duties for self-governance responsibilities within law enforcement and corrections agencies. Retrieved on August 11, 2011 at http://www.aele.org/compliance.pdf Read More