Title: Peace Psychology and Independent Oversight of Policing
1Peace Psychology and Independent Oversight of
Policing
- Dr. Eduardo I. Diaz Executive Director
Independent Review Panel (IRP) Miami-Dade
County - eid_at_miamidade.gov
2Introduction
- Presenter will provide a status update on
Civilian Oversight of Law Enforcement, nationally
and internationally. - Presenter has 25 years experience in Criminal
Justice related public service with 11 of those
years at the Independent Review Panel. - Presenter is President of the National
Association for Civilian Oversight of Law
Enforcement (NACOLE) and 2008 President-Elect of
the Society for the Study of Peace, Conflict and
Violence the Peace Psychology Division of the
American Psychological Association (APA).
3Learning Objectives
- Articulation of basic Peace Psychology principles
- Skill development useful in violence reduction,
community building and dispute resolution - Understanding of the Independent Review Panel
process model - Discernment of community commitment to
independent external citizen oversight
4Basic Peace Psychology
- Violence Reduction
- Dispute Resolution
- Community Building
- Constructive Conflict Actions
http//www.apa.org/about/division/div48
5Miami-Dade Independent Review Panel
- Oversight Is Everybodys Business
- 140 West Flagler StreetSuite 1101Miami, FL
33130 - 305-375-4880
- www.miamidade.gov/irp
Produced by Fernando L. Robreño
6History
The Independent Review Panel (IRP) was created by
the Metropolitan Dade County Board of County
Commissioners in January, 1980, and was designed
to operate autonomously from county government as
an independent civilian "watchdog" agency. The
unique combination of police review and
"ombudsman" functions within one autonomous
civilian agency was the result of a delicate
balance and compromise that arose out of the
community outrage following the McDuffie and
LaFleur police shootings and subsequent riots in
1979. The Board conceived this innovative
approach as a means to improve community
confidence in all aspects of its government.
7Composition of The IRP
- The Independent Review Panel is made up of two
key components - IRP Staff
- Charged with providing support structure for the
Panel complaint intake, complaint mediation,
dispute resolution, report writing, organizing
committee meetings, community outreach etc. - Panel
- Nine members, five appointed by the Board of
County Commissioners from nominations made by the
Community Action Agency, Community Relations
Board, Dade County Association of Chiefs of
Police, Dade County Bar Association and Dade
County League of Women Voters. The panel itself
selects the other four, taking into consideration
ethno-cultural and gender community
representation. Makes recommendations for policy
change, disciplinary or corrective action.
8The IRP What We Do
- Safe Mediated Dispute Resolution
- -Requesting an investigation of serious
complaints from the involved department - -Reviewing complaints and the departmental
response - -Conducting face-to-face mediations employing
constructive conflict strategies - -Holding public hearings to address citizen
complaints - Fact Finding
- -Independent Community inquiry
- -Independent studies of grievances
- Recommendations
- -Corrective action
- -Employee be disciplined or commended
- -Departmental or County policies and procedures
be revised - Conflict Resolution Training
9Complaints
- Types of Complaints Handled by IRP
- -Excessive Use of Force
- -Improper Detainment
- -Racial Profiling
- -Abuse of Authority
- -Department Policy Violation
- -Mismanagement
- -Harassment (multiple occurrences)
- Types of Complaints Not Handled by IRP
- -Legal Matters
- False Arrests
- Citations
- -Civil Rights Violations
- -Complaints Against Municipalities (Unless
requested by City) - -Complaints Against Elected Officials
- -Complaints Against Private Persons or
Businesses - -Landlord/Tenant Disputes
- -Employee Grievances
10What Information Should You Have?
- What happened?
- -A detailed, factual description of the
incident (or incidents). - Where did it happen?
- -Address or location.
- When did it happen?
- -Date and time.
- Who was there?
- -As much identifying information as possible
regarding the accused County employees and
witnesses. - Evidence
- -Support the allegations of wrongdoing, such as
witness statements, documents, pictures,
records, etc.
11The Process
- Intake
- -Complaints may be received in person, by mail,
fax, over the phone or email. Complainants may
remain anonymous. - Screening
- -Each complaint is screened by a staff
screening committee to determine how the IRP can
best serve the complainant within the boundaries
of its authority and powers. - Investigation
- -The involved department provides Panel staff
with a copy of its complete investigative file.
If the complaint is satisfied with the
Departments investigation, the complaint may be
concluded. If the complainant or staff is not
satisfied with the Departments investigation,
the complaint is referred to a committee for
mediation. - Committee Meeting
- -One or more Panel members, Panel Staff, the
complainant and a representative from the
involved department participate in the meeting.
The Panel cannot compel the accused employee to
attend. The participating parties may bring
others to the meetings. These informal meetings
are held around a table and are open to the
public. The committee listens to all parties
and makes findings and recommendation for
consideration by the nine-member Panel. - Panel Meeting
- -The full nine-member Panel meets once a month
to publicly review specific complaints. The
Panel has the final word on the recommendations,
which are then sent to the involved department
director, County manager, commissioners and the
Executive Mayor.
12The IRP You
- Trained staff will listen to your complaint in an
open and non-judgmental way. - You can be a part of making Miami-Dade County
responsive to the public. - You will gain a better understanding of County
Departments you are complaining about. - Your complaint may result in recommended changes
in policies and procedures - Your complaint may help prevent recurrence of
inappropriate behavior.
13Competing Proposals Vs the IRP
- Competing Proposals
- Adversarial Citizen Investigative Panel
- Police Union Zero Oversight Needed
- IRP Strengths
- Proven Impact On Police Policy and Practice
- Transparent Public Hearings
- Independent of County Administrator
- Uninhibited Open Media Access
- Weaknesses
- Unable To Compel Testimony, No Subpoenas
14The Independent Review Panel 140 West Flagler
Street, Suite 1101, Miami, FL 33130Office
Hours 8 a.m. to 5 p.m., Monday - Friday Phone
(305) 375-4880, Fax (305) 375-4879, email
irp_at_miamidade.gov
- The Independent Review Panel addresses serious
complaints against Miami-Dade police officers and
other County employees. - The IRP staff is prepared to help any department
prevent complaints by offering training. In
addition, any community group that wants to know
what to do to take constructive conflict action
can avail itself of our services. We are
committed to help improve community relations.
15Clients
- Serve for the greater good of the whole community
- Local Government
- Police Department
- Complainants
- Under-represented groups
16Peace with Justice
- Human Rights
- Constitutional Rights
- Progressive Accountability
- Awareness of Differences
- Valued Diversity
- Reduction of Bias and Destructive Conflict
- Moral Authority
- Violence Prevention
- Development of Political Will
17Interventions
- Facilitating Being Heard
- Consultation
- Coaching
- Teaching
- Mediation
- Informal Counseling
- Individual
- Family
- Group
18Tools
- Multi-stage complaint process
- Extensive Listening
- Articulation Assistance
- Independence
- Credibility
- Fairness Reputation
- Transparency
- Public Hearings
- Reports of Findings and Recommendations
19Conflict Assessment
- Preexisting Police/Community Relations
- Power and Control
- Ethno-Political Conflict
- Biased Based Policing
- Us versus Them
- Social Identity
- In-group
- Out-group
- Multi-group Identity
20Communication Factors
- Differential Power and Control
- Enemy Images
- Inter-group Bias
- Stress
- Emotions
- Learning
- Memory
- Perception
- Being Observed
21Personalization Strategies
- Reduces Inter-Group Bias
- Exchange of Personal Information
- Engaging the Other
- Alternatives to Violence Project Workshops
- Firm, Fair and Friendly Police/Community
Relations Workshops
22Restorative Justice
- Contrasts Retributive Justice.
- Strives to restore relationships to non-offending
status. - Involves engagement of
- Offender
- Victim
- Government
- Community
23Aggression and Violence
- Dr. Susan Opotow
- University of Massachusetts, Boston
- Research Focus
- Conflict and injustice
- Psychosocial conditions permitting harm
- Scope of Justice
24Nature of Violence
- Violence The exertion of physical (or
psychological) force that harms. - Direct Violence That committed by identifiable
people on particular victims. - Structural Violence Harm that comes from
subtle, gradual, systematized, normally accepted
actions of particular social institutions where
responsibility is blurred. (Determines who gets
heard, who gets devalued and who gets resources.) - Direct and Structural Violence manifest
differently but are interdependent
25Examples of Direct Violence
- Hate crimes
- Ethnic cleansing
- Rape
- Murder
- War
- Police brutality
26Examples of Structural Violence
- Poverty
- Unemployment
- Discrimination (Racism, sexism, etc.)
- Poor health care, schools or housing
- Racial profiling
- Corrupt political system
- Poor accountability for misuse of power
27Basis of Social Injustice
- Distorted Perceptions
- Distorted Thoughts
- Distorted Moral Decisions
- In-group Rationalizations
- Self-serving Justifications
- Social, Psychological, Economic, and Political
Conditions That Privilege Some But Exclude Others
28Moral Exclusion
- Morals- Norms, rights, entitlements, obligations,
responsibilities and duties that shape our sense
of justice and guide our behavior with others. - Moral Community- Those we value inside our scope
of justice, family, friends, compatriots and
coreligionists. US - Morally Excludable- Strangers outside our scope
of justice and enemies. THEM
29Psychological Bases for Moral Exclusion
- Tendency to exclude is fostered by normal
perceptual tendencies - Social categorization
- Evaluative judgments
- Fundamental attribution error
- Self-serving biases
- Zero-sum thinking
- Attributive projection
- Just world thinking
30Dimensions of Moral Exclusion
- Intensity
- Subtle (nearly invisible)
- Blatant (clearly observable)
- Engagement
- Active (participating)
- Passive (ignoring what is happening)
- Extent
- Narrow (focused on a particular few)
- Wide (involving masses of people)
31Psychological Orientation of Those Who Exclude
THEM
- Views the excluded as distant psychologically
- Lacks constructive moral obligations or
responsibility toward the excluded - Views THEM as nonentities, expendable and
undeserving of fairness, resources or sacrifices
to foster well-being - Approves of procedures and outcomes for THEM
that would be unacceptable for the ones inside
their scope of justice
32It Is Difficult To Detect Social Injustice
Because
- Social injustice does not surface as a moral
issue. - Social injustice is hard to see up close.
- Indecision and inaction abets social injustice.
- Combating social injustice consumes resources.
33To Foster Social Justice
- Welcome open dialogue and critique.
- Establish procedures that keep communication
channels open during increased conflict. - Value pluralism and measured acceptance of the
different. - Be alert to symptoms of moral exclusion.
- Challenge injustice constructively.
34Anger Management
- Stress
- Consciousness
- Autonomic Mediation
35Anatomical Brain Images
- Work of Dr. Jacob L. Driesen
- See www.driesen.com/images
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46Developments U.S.A.
- Click www.nacole.org to see 138 mapped agencies
- NACOLE Board Members
- President Eduardo Diaz Miami-Dade, FL
- President-Elect Phil Eure, Washington D.C.
- Secretary Charles Reynolds Dover, N.H., Past
President of the International Association of
Chiefs of Police (IACP), former Vice Chair of
the Commission on Accreditation for Law
Enforcement Agencies (CALEA) - Treasurer Richard Rosenthal, Denver, CO
- Past President Pierce Murphy Boise, Idaho
- Board Members at Large
- Kelvyn Anderson, Philadelphia, PA
- Andre Birotte, Jr, Los Angeles, CA
- Robin Lolar, Minneapolis, MN
- Sam Pailca, Seattle, WA
- Carol Scott, Knoxville, TN
- Shirley Wayne Washington, New Haven, CT
47NACOLE Website
- www.nacole.org
- NACOLE Code of Ethics
- Links/Resources for OversightInvestigative
Guidelines Varieties of OversightMediation
Board TrainingBias Based PolicingA Student's
Guide to Police Practices - Subscribe to policeoversight listserve
48Next NACOLE Conference
- Save the dates, October 27-30, 2008
- Historic downtown Hilton Hotel
- Cincinnati, Ohio
49Canadian Association for Civilian Oversight of
Law Enforcement (CACOLE), www.cacole.ca
- Most provinces in Canada have some form of
civilian oversight of law enforcement. Although
agency size, statutory authority and
responsibilities vary from province to province,
civilian oversight agencies share a common goal
a positive relationship between the public and
the police. This is achieved through an
accessible and transparent complaint process,
conscientiously monitored by independent and
impartial civilian agencies. Commissions and
provincial agencies responsible for civilian
oversight of investigations into alleged police
misconduct are mandated to ensure complaint
investigations are thorough, fair and balanced to
both the complainant and the respondent. - Robert Mitchell, Chair of the Saskatchewan Public
Complaints Commission is the current President of
CACOLE.
50Canada
- Alberta Edmonton Police Commission Calgary Police
Commission Alberta Law Enforcement Review
Board - British Columbia Office of the Police Complaint
Commissioner - First Nations First Nations Police Governance
Authorities - Manitoba Manitoba Law Enforcement Review Agency
(LERA) - New Brunswick New Brunswick Police Commission
- Newfoundland Royal Newfoundland Constabulary
Public Complaints Commission - Nova Scotia Nova Scotia Police Commission (NSPC)
Nova Scotia Police Commission - Military Police Canadian Military Police
Complaints Commission (MPCC) - Ontario Special Investigations Unit Ontario
Civilian Commission on Police Services - Prince Edward Island Does not have a provincial
police oversight agency. Legislation is in the
drafting stages. We expect it to be in force
within a few months. - Quebec Commissaire à la déontologie policière
(Police Ethics Commissioner) Comité de
déontologie policière(Police Ethics Cimmittee)
Portal, Ministère de la Sécurité publique du
Québec - RCMP Canadian Commission for Public Complaints
Against the RCMP RCMP External Review Committee - Saskatchewan Saskatchewan Public Complaints
Commission
51NACOLE and CACOLE Conferences
- Dr. David Harris - Profiles in Injustice Why
Racial Profiling Cannot Work and Good Cops The
Case for Preventive Policing http//law.utoledo.e
du/students/faculty/Harris/harris.htm - Dr. Lorie Fridell Racially Biased Policing A
Principled Response www.policeforum.org - Dr. Sam Walker - BEST PRACTICES IN POLICE
ACCOUNTABILITY www.policeaccountability.org - Dr. Colleen Lewis - Civilian Oversight of Police
Governance, Democracy and Human Rights (2000,
with Andrew Goldsmith Colleen.Lewis_at_arts.monash.ed
u.au http//arts.monash.edu.au/humcass/staff/colle
en-lewis.html - Police Assessment Resource Center - www.parc.info
52United Nations
- UNITED NATIONS CRIME AND JUSTICE INFORMATION
NETWORK Compendium of United Nations Standards
and Norms in Crime Prevention and Criminal
Justice - Code of Conduct for Law Enforcement Officials
www.uncjin.org/Standards/standards.html - Basic Principles on the Use of Force and Firearms
by Law Enforcement - Officials Articles 6 and 7 of the UN
International Covenant on Civil and Political
Rights requires there to be an investigation
independent of the alleged perpetrators in
relation to torture, inhumane and degrading
treatment and deaths at the hand of the state.
53International Developments
- International Network for the Independent
Oversight of Policing (INIOP) - Secretariat is the Independent Police Complaints
Commission (IPCC), www.ipcc.gov.uk - Steering Group Chaired by
- John Wadham, now Legal Director for the UK-based
Commission for Equality and Human Rights - Nicholas Long (Current Chair)
- See INIOP newsletter at http//www.ipcc.gov.uk/in
iop_communique_-_june_2007_v2.pdf
54European Partners Against Corruption (EPAC)
55EPAC
- European Partners Against Corruption (EPAC),
www.epac.at , the EU's national police monitoring
inspection bodies and anti-corruption agencies - Co-chaired by
- Martin Kreutner, Austria
- Andre Vandoren, Belgium
56European Partners Against Corruption (EPAC)
Members
- Austria, Belgium, Bulgaria, Cyprus,
- Czech Republic, Denmark, Estonia,
- Finland, France, Germany, Greece,
- Hungary, Ireland, Italy, Latvia, Lithuania,
- Luxembourg, Malta, The Netherlands,
- Poland, Portugal, Romania, Slovakia,
- Slovenia, Spain, Sweden, United Kingdom
- and OLAF (European Anti-Fraud Office)
57European Partners Against Corruption (EPAC)
Observers
- Croatia
- Norway
- Serbia
- See more at www.epac.at
58ALTUS Global Alliance
- Altus is a global alliance working across
continents and from a multicultural perspective
to improve public safety and justice. - Chaired by Christopher Stone
- ( www.altus.org )
- In April 2004, six established NGOs and academic
centers joined together to form a unique alliance
called Altus. With members spanning five
continents, Altus offers a truly global
perspective on issues of safety and justice, a
greater capacity to work across borders, and a
larger role for civil society in advancing
justice. Altus places special emphasis on
police accountability and the quality of police
oversight, serving as a source of knowledge and
innovation for governments, police leaders, human
rights activists, legislators, journalists and
citizens around the world, concerned about the
effective and fair control of policing. -
59ALTUS Global Alliance Members and Associate
Members
- Center for Studies on Public SafetySantiago,
Chile - Center for Studies on Public Security and
CitizenshipRio de Janeiro, Brazil - Center for Law Enforcement Education of Nigeria
(CLEEN) FoundationLagos, Nigeria - Institute for Development and CommunicationChandi
garh, India - Information Science for Democracy (INDEM)
FoundationMoscow, Russia - Vera Institute of JusticeNew York, United States
of America - Associate Members
- The Open Society Justice Initiative (OSI)-
Abuja, Budapest, New York - Penal Reform International (PRI)- London
60ALTUS Global Alliance Police Station Visitors
Week
- In a one-week period starting on October 29
2006, almost two thousand civilian visitors
inspected 471 police stations in 23 countries
around the globe. - to assess the quality of service delivered in
the participating police departments, to identify
some of the best practices in use by police, and
to strengthen the accountability of police to the
local citizens whom they serve. - The visitors used a special kit developed by
Altus to guide their visit, following protocols
that were the same around the world. Immediately
after each visit, the visitors answered 20
questions about what they observed. - See results at www.altus.org
61ALTUS Global Alliance Police Station Visitors
Week
- 2006 Participants
- Belgium Benin Brazil Canada Chile Germany Ghana
Hungary India Latvia Liberia Malaysia Mexico
Netherlands Niger Nigeria Peru Russia South
Africa South Korea Sri Lanka United Kingdom US - 2007 Visitors Week is to be October 22-28
62International Developments
- Police Ombudsman Northern Ireland, Mrs.Nuala
O'Loan www.policeombudsman.org - "We provide an independent and impartial
complaints service for members of the public
about the conduct of police officers in Northern
Ireland." - Republic of Ireland - Garda Ombudsman Commission
- The Garda Ombudsman Commission is empowered to
- Directly and independently investigate
complaints against members of the Garda Síochána - Investigate any matter, even where no complaint
has been made, where it appears that a Garda may
have committed an offence or behaved in a way
that would justify disciplinary proceedings - Investigate any practise, policy or procedure of
the Garda Síochána with a view to reducing the
incidence of related complaints -
63Australia an New Zealand
- Police Integrity Commission www.pic.nsw.gov.au
- Criminal and Misconduct Commission Queensland
www.cmc.qld.gov.au - Commonwealth Ombudsman www.ombudsman.gov.au Vicki
Brown, Senior Assistant Ombudsman - New South Wales Ombudsmans Office
- Simon Cohen, Assistant Ombudsman (Police)
www.nswombudsman.nsw.gov.au - Police Complaints Authority New Zealand
www.pca.govt.nz
64AFRICA
-
- African Policing Civilian Oversight Forum (APCOF)
- Tommy Tshabalala Coordinator
ttommy_at_icd.gov.za , Director of Investigations, - South Africas Independent Complaints Directorate
www.icd.gov.za - Nigerias Police Service Commission
www.psc.gov.ng - Police Accountability in Kenya, Uganda and
Tanzania - Commonwealth Human Rights Initiative (CHRI)
www.humanrightsinitiative.org
65Africa
- University of Cape Town www.policeaccountability.c
o.za includes link to - The Police that we want A handbook for
oversight of Police in South Africa - December 2006 West Africa Conference
- Police Accountability and Effectiveness in
Eastern Africa Conference www.humanrightsinitiativ
e.org/programs/aj/police/ea/ea.htm June 11-13,
2007 in Nairobi, Kenya - Ombudsman Namibia, John Robert Walters
ombudsman_at_ombudsman.org.na
66Latin America
- Ombudsman Defensor del Pueblo model is the most
common - FEDERACION IBEROAMERICANA DEL OMBUDSMAN (FIO)
- www.portalfio.org
- Programa Regional de Apoyo a las Defensorías del
Pueblo en Iberoamérica (PRADPI)
67Mexico
- State of Guerrero, La Montaña Region
- Civilian Police Oversight Office in Tlapa
- Three founding organizations
- Institute for Security and Democracy Ernesto
López Portillo www.insyde.org.mx - Fundar www.fundar.org.mx
- Tlachinollan www.tlachinollan.org
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75California Issues
- Copley Press Inc. vs. Superior Court of San Diego
- August ruling of the California Supreme Court.
- Limited records relating to the discipline of
public safety employees. - Profound consequences on public access to
proceedings.
76Racial Profiling
- Miami-Dade Racial Profiling Board
www.miamidade.gov/irp - Tools for Tolerance for Law Enforcement
www.toolsfortolerance.com - Biased Based Policing Prevention
- Investments in Training versus Data Collection
77Training
- The IRP staff is prepared to help any department
prevent complaints by offering training. In
addition, any community group that wants to know
what to do to take constructive conflict action
can avail itself of our services. We are
committed to help improve police/community
relations.
78Recommended Reading
- Christie, D.J., Wagner, R.V. and Winter, D.D.
(Eds.), 2001. Peace, Conflict, and Violence
Peace Psychology for the 21st Century. Upper
Saddle River, NJ Prentice Hall. - Deutsch, M. and Coleman, P.T. (Eds.), 2000. The
Handbook of Conflict Resolution Theory and
Practice. San Francisco, CA Jossey-Bass.
79Contact Information
- Dr. Eduardo I. Diaz, Executive Director
- Independent Review Panel
- 140 West Flagler Street, Suite 1101, Miami, FL
33130 - Tel 305-375-4880
- Fax 305-375-4879
- Email eid_at_miamidade.gov
- www.miamidade.gov/irp