Police Administrative Investigations - Term Paper Example

Exploration into How Administrative Investigations Have Impacted Police Culture and Behavior Change within the Police Force Introduction The US Department of Homeland Security (2013) defines administrative investigation as investigation into conduct problems and claims. The department, alongside that of justice, is largely mandated to deal with internal security matters, under which the primary administrative players are the police. As such, administrative investigations within the department mainly focus on the professional conduct of the police force, with investigators routinely responding to complaints from members of the public, other police officers, or even alleged victims of police misconduct who are legally confined within jails or police custody. Administrative investigations within the police force have necessitated positive change in police culture and behavior and have positively impacted police agency protocol. Undoubtedly, the US has one of the most efficient police forces in the world (Hughes & Magers, 2007). However, as it has been observed, it is not always possible to translate efficiency into effectiveness. Apparently, effectiveness is assessed based on the ability to efficiently employ the individual’s intelligence, power and available equipment to substantially deal with a threatening or risky situation (Cebulla & Stephens, 2010; Hughes & Magers, 2007). This disconnect between effectiveness and efficiency has been questioned along the lines of lack of administrative action within the police force. In order to respond to this glaring shortcoming, administrative investigations were introduced as a mitigating factor for the lack of effectiveness by the police (despite enhanced efficiency). It can be argued that lack of internal mechanisms to check over police actions and to respond appropriately to their failures could have overseen the obvious lack of willingness to abide by a strict code of conduct (Cebulla & Stephens, 2010). This paper contrasts the ways police performed administratively and criminally before and after the introduction of administrative investigations’ reforms to provide an understanding of the effects of the change thereof. In order to paint a clear picture of how administrative investigations have contributed to the positive reforms within the force, this essay retraces the statistics of reports on police crime and other administrative prejudices that have over time necessitated the present state of checks on police actions. Written reports and publications have also been consulted to place the force within the pre-reform and post-reform contexts. The Nature of Police Administrative Investigations Police administrative investigations are designed in a way that they do not violate the basic human rights of the officer in question, or interfere with criminal investigations into the same incident that elicits the need for an administrative review. There are many issues covered under police misconduct, each of which prompts a different way of investigation; in accordance with the probable means of collecting evidence. Much of the currently popular reforms to police investigations were devised in the 1980s and the 1990s. While some of the laws and statutes that formed the background for basing administrative investigations were devised through the legislative arm of government, the judicial arm has also played a big role in ensuring that police officers, like many other government officers, account for their actions, more so when performing national duties. One such judicial decisions is the Tennessee v. Garner (1985) case, in which the Court of Appeal nullified the constitutionality of a Tennessee legal provision that empowered police to use excessive force even on unarmed and fairly non-dangerous civilians in the attempt to arrest them. The court held that police officers are bound by law to critically and sanely evaluate the position of the supposed law breaker before deciding on the right amount of force to use against them (Thomson Reuters, 2014). The above court ruling has had massive impact on the way various state authorities view the role of the police officer. For once, any states that had such a provision within their legal framework were put at a position where they must review such clauses in favor of ones that better safeguarded the public from unnecessarily excessive use of power by the police. The ruling established the role of the police towards accounting for their actions that conceivably employ unnecessary, excessive force. The Police Assessment Resource Center (PARC) is a compilation of guidelines that are formulated based on such a case law as above and several other legal provisions to help streamline investigative reviews on police officers (Bobb & Barge, 2008). The wide ranging guidelines recommend several approaches to individual cases of police indiscipline/ misconduct, mainly based on the nature of offense committed by the officer and the circumstance surrounding each individual case. For instance, the 2008 release of the PARC outlines the constitutional provisions that necessitate the intention to seek redress when a witness/ victim feels the actions of an officer are not ethical. The framework cites the need to sustain democratic space for all citizens as the biggest hallmark for seeking redress when a party is aggrieved. Additionally, the resource defines what comprises a complaint, and who may file such (Bobb & Barge, 2008). The framework further addresses the expected conduct of an officer who handles a potential complainant, with such virtues as courtesy, patience and willingness to help being highlighted among the basic expectations. In order to avoid any instances of complacency or ignorance when complaints have been lodged with the police, an oversight system, headed by oversight supervisors has been created. The role of the oversight system is to provide enough officers to routinely track the progress of any complaints lodged within a specific timeframe, and to ensure that each case is handled conclusively. This ensures that all matters brought forward against members of the force are attended to, and accorded the weight they deserve; including timely and evidence-instigated determination and conclusion. Further provisions of the framework provide for the rights of the affected officer, their relation with colleagues and seniors/ investigating committee at the time of the exercise, and how they communicate with the complainant (Bobb & Barge, 2008; Calderon & Hernandez-Figueroa, 2013). Contrasting the Pre-Reform and Post-Reform Eras The Pre-Reform Era: Characteristics of the Police Force The period preceding the conception of the first publicly recognizable legislation on police administrative investigations was marked with high rates of reports of highhandedness among serving police officers. Several studies have been undertaken to shed light on some of the factors that greatly contribute to police misbehavior. Apparently, police in a specific region tend to relate to a localized culture, what some researchers refer to as subcultures. These subcultures greatly influence what the officers within the locality practice. Apparently, such a culture is sometimes a deviation from the general national ethical framework within which the work of the police force is anchored. The observable deviations may come in various forms; complacency at the work place, poor cooperation among police divisions, cover-up on internal crime, reckless shootings, racial prejudice, and tolerance to corruption, among other closely related undesirable practices that depict the force’s officers as incompetent, uncooperative, and ineffective. The Post-Reform Era: Characteristics of the Police Force Apparently, this is the era that we are currently living in. It is relatively easy to trace the cries of potential police misconduct throughout the country. Some such incidents include the recent cases of alleged “potential killings of unarmed African Americans based on their minority status” (Simpson, Johnson & Spicer, 2014). However, we need to investigate the scale at which such occurrences happen in relation to the era before serious legislation and effecting of the conduct investigation guidelines. At the moment there are several awareness campaigns within police force to address the general conduct of members. For instance, during training, there is specific emphasis on the need to adhere to high ethical standards, which also incorporate the respect for human rights. This has ensured that the force comes out more aware of the provisions of the law with regard to human rights. More so, the administrative units within the force ensure continued renewal of the course contents in light of evolving views and upcoming changes in the human rights charter (Baylay & Perito, 2012). The result is a force whose awareness and respect for human rights surpasses what the United States of America has witnessed at any time in its history. Respectfully, we can deduce that the enactment of administrative investigations has prompted the culture of respect for human rights. This culture is cultivated through such means as training and course renewal. Another important change that has occurred over time due to the enactment of administrative investigations is the improved respect for members of all racial backgrounds. That the police have been complicit in allowing the oppression and poor treatment of members of minority ethnicities is a clear issue in the history of the country. However, maltreatment based on the racial background of victims has been one of the closely guarded against issues by the administrative investigators. As a result, the force has emerged from the lowly character of approaching potential law breakers on the basis of the color of their skin to holding anyone accountable for what they do. This has been a landmark transition from the formerly racial-instigated identification of law breakers. But, as Welch (2007) noted, more people from the minority ethnicities are more likely to engage in criminal behaviors due to systematic economic exclusion, and there is thus the misconception that police target them for crime. Assessing the Level of Change and its Effects on the Overview of the Police Force Any assertions to the effect that the numerous police reforms that have enabled police administrative investigations have been perfectly effective in thwarting the occurrence/ recurrence of misconduct among members of the force cannot be true. However, by contrasting the above stated characteristics of the police force before reforms vis-à-vis post reforms, we clearly get the picture that administrative investigations have been beneficial to the force, and the general public at large. References Baylay, D. & Perito, R. (2012). Police corruption – What past scandals teach us about current challenges (Special Report). Washington, DC: United States Institute of Peace. Bobb, M. J. & Barge, M. (2008). Internal affairs: Guidelines proposed by PARC. Washington, DC: Police Assessment Resource Center. Calderon, E. L. & Hernandez-Figueroa, M. (2013). Citizen oversight committees in law enforcement. California: California State University Fullerton. Cebulla, A. & Stephens, M. (2010). Public perceptions of the police: Effects of police investigation and police resources. Internet Journal of Criminology. 2010: 1-19. Hughes, T. & Magers, M. (2007). The perceived impact of crime scene investigation shows on the administration of justice. Journal of Criminal Justice and Popular Culture. 14(3): 259-276. Schmidt, W. W. (2008). Administrative investigations of police shootings and other critical incidents: Officer statements and use of force reports part two: The basics. AELE Monthly Law Journal. 201: 201-216. Simpson, I., Johnson, L. & Spicer, J. (14th December, 2014). Marches in Washington, New York, Boston protest against police killings. Thomson Reuters. 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