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Civilian Oversight of Policing

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Title: Civilian Oversight of Policing


1
Civilian Oversight of Policing
2
Presentation Structure
  1. Background
  2. History
  3. Terms and definitions
  4. Why Civilian Oversight?
  5. How to Conduct Civilian Oversight?
  6. Principles of Effective Civilian Oversight
  7. Some Country Examples

3
Background
  • The police are the most visible manifestation of
    government authority responsible for public
    security.
  • The police are given unparalleled and special
    powers in the furtherance of their duties,
    including the power to detain and to use force.

4
Background (Cont.)
  • Depending on how these powers are used, they may
    either protect or violate human rights.
  • Consequently, the exercise of police power
    requires that it should be used responsibly.
  • In short, accountability is an inherent aspect of
    professional policing.

5
History
  • It is difficult to state with precision when the
    earliest attempts at policing oversight were
    made, but is fair to say that the question of
    holding police to account has preoccupied
    societies since ancient times.
  • Thus, for instance, the Roman satirical poet
    Decimus Junius Juvenalis asked Who will guard
    the guardians?

6
History (Cont.)
  • Earliest Oversight Models
  • 202 BCE China - Control Yuan
  • 493 BCE Rome - Tribuni Plebis
  • 1724 CE Sweden Ombudsman
  • England Parliamentary Commissions
  • 1810 New York State Legislature

7
Defining Civilian Oversight
  • The term oversight refers to the ongoing
    monitoring of police activities with a view
    toward holding each police service accountable
    for the services it provides, the policies it
    operates under, and the conduct of its members.

8
Defining Civilian Oversight
  • The term accountability is broader than that
    responsibility. It includes not only
    responsibility but also expresses that those who
    make action or decision should be ready to show
    that their actions or decisions are necessary.
  • That is the reason why, the accountability is the
    consequence of the understanding of openness and
    transparency.
  • Sinclair, John (Ed.), Collins Cobuild English
    Language Dictionary, (London and Glasgow
    Collins, 1987)

9
Why Civilian Oversight
  • Civilian oversight of law enforcement is an
    essential component of our democratic society. 
  • A mechanism to address and balance the two
    dimensions in policing - serving the public while
    respecting individual rights.
  • Citizens influencing police practices to ensure
    that they are acceptable to their individual
    communities.

10
Why Civilian Oversight (Cont.)
  • Effective civilian oversight and governance of
    police is essential to ensure that the police
    service uses its powers and authority in a manner
    reflecting respect for law and individual rights
    and freedoms.
  • A remedy for police misconduct.
  • Ultimately the essential task is to strike a
    balance between police independence to conduct
    investigations and maintain order without undue
    political or other influences, with the need for
    accountability to the public.

11
How to Conduct Civilian Oversight
  • There are several different models of civilian
    oversight.
  • Public officials, community activists, police
    officials, and the police unions debate about
    the type of model to implement.
  • In some countries/cities the legislative body
    determines the type of oversight.
  • In some areas, a ballot initiative is developed,
    and citizens vote to have oversight.
  • There is no "one best model" of civilian
    oversight that is appropriate for every
    community.

12
Principles of Effective Civilian Oversight
  • I. Independence the power to conduct hearings,
    subpoena witnesses and report findings and
    recommendations to the public.
  • II. Investigatory powers The authority to
    independently investigate incidents and issue
    findings on complaints.
  • III. Mandatory Police cooperation Complete
    access to police witnesses and documents through
    legal mandate or subpoena.
  • IV. Adequate funding Should not be a lower
    budget priority than police internal affairs.

13
Principles of Effective Civilian Oversight (Cont.)
  • V. Hearings Essential for solving credibility
    questions and enhancing public confidence in the
    process.
  • VI. Reflect Community diversity Board and staff
    should be broadly representative of the community
    it serves.
  • VII. Police recommendation Civilian oversight
    can spot problem policies and provide a forum for
    developing reforms.
  • VIII. Statistical analysis Public statistical
    reports can detail trends in allegations, and
    early warning systems can identify officers who
    are subjects of unusually numerous complaints.

14
Principles of Effective Civilian Oversight (Cont.)
  • IX. Separate offices Should be housed away from
    police headquarters to maintain independence and
    credibility with public.
  • X. Disciplinary role Board findings should be
    considered in determining appriopraite
    disciplinary action.

15
Two Main Oversight Mechanisms
External
Internal
Civilian oversight
Internal
Independent
Public
State
16
Selected Cases from Some CountriesFrance
  • To summarize, the current situation could be
    defined as an apparent high level of
    centralisation under the direct authority of the
    ministry of interior that is counterbalanced by a
    complex local, judicial and civilian society
    oversight system on the police and gendarmerie
    activities.

17
UK
  • In United Kingdom this democratic oversight of
    the police is based on the tripartite system
    where the police, state and the citizens form the
    basis of the control system and provide the
    necessary balance for this system.

18
Northern Ireland
  • Northern Ireland extend well beyond those adopted
    elsewhere, and provide for a relatively high
    level of civilian oversight and local control of
    policing to ensure that the Police Service of
    Northern Ireland are both democratically
    accountable and responsive. Four key mechanisms
    are in place to provide for this
  • 1. Policing Board, 2. District Policing
    Partnerships, 3. The Office of the Police
    Ombudsman for Northern Ireland, 4. The Northern
    Ireland Human Rights Commission (NIHRC)

19
USA
  • One model used is the auditor approach.45
    Within this approach, individual citizens
    complaints are received, investigated and
    finalized by the police department. The auditor
    conducts regular audits or investigations of the
    operations of the police departments internal
    complaints investigation procedures and issues
    periodic public reports in which they recommend
    policy changes.

20
Conclusion
  • Any civilian oversight mechanism should place
    human rights at the centre of its activities.
  • After all, policing oversight seeks to hold
    police accountable for the performance of their
    duties so as to prevent threats to, or violations
    of, the human rights of the citizens that police
    are sworn to protect and serve.

21
Last words
  • The police both need and deserve
    credibility. Instead of opposing civilian review,
    police administrators should ensure that civilian
    review is impartial and fair to officers, as well
    as citizens. 
  • Accountability helps build a professional and
    responsible police
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