Policy Development in Policing and Law Enforcement

Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E.

Foster

Public Policy and Practice Public Policy and Practice in in Criminal Justice

Policy in PolicingPolicy in Policing


Foster

Historical DevelopmentHistorical Development

Prior to the 1960s most civil actions Prior to the 1960s most civil actions against against police agencies were usually agencies were usually limited to claims of negligencelimited to claims of negligence

Under Title 42 U.S. Code Section Under Title 42 U.S. Code Section 1983, the federal civil rights civil 1983, the federal civil rights civil statute, individuals may file lawsuits statute, individuals may file lawsuits against an officer, a against an officer, a police department, or a jurisdiction. department, or a jurisdiction.


Foster


Monel v. New York City Department Monel v. New York City Department of Social Services “the policy of a of Social Services “the policy of a municipality, as a moving force municipality, as a moving force behind a plaintiffs injury, could result behind a plaintiffs injury, could result in municipal liability” (Alpert & Smith, in municipal liability” (Alpert & Smith, P. 177).P. 177).


Foster


Deliberate Indifference “the Deliberate Indifference “the conscious or reckless disregard of conscious or reckless disregard of the consequences of one's acts or the consequences of one's acts or omissions.”omissions.” City of Canton, Ohio v. HarrisCity of Canton, Ohio v. Harris

Official Capacity ActionsOfficial Capacity Actions Hafer v. MeloHafer v. Melo


Foster

Policy and ProcedurePolicy and Procedure

Policy – Policy – Guiding Guiding PrinciplesPrinciples


Foster

In Policy EventsIn Policy Events

Policy – guiding principles

EventEvent

Event

Event

Event


Foster

Out of PolicyOut of Policy

Event Event

Event

Policy – guiding principles


Foster

ProcedureProcedure

A specific Method A specific Method of Perform a taskof Perform a task


Foster

Use of Force PolicyUse of Force Policy

The U.S. Commission on Civil Rights The U.S. Commission on Civil Rights has stated that "…in diffusing has stated that "…in diffusing situations, apprehending alleged situations, apprehending alleged criminals, and protecting themselves criminals, and protecting themselves and others, officers are legally and others, officers are legally entitled to use appropriate means, entitled to use appropriate means, including force." including force."


Foster


The The International Association of International Association of Chiefs of PoliceChiefs of Police (IACP) in its study, (IACP) in its study, Police Use of Force in America 2001Police Use of Force in America 2001, , defined use of force as "The amount defined use of force as "The amount of effort required by police to compel of effort required by police to compel compliance by an unwilling subject." compliance by an unwilling subject."


Foster


the legal test of excessive force…is the legal test of excessive force…is whether the police officer whether the police officer reasonablyreasonably believed that such force was believed that such force was necessarynecessary to to accomplish a legitimate police purpose…“accomplish a legitimate police purpose…“

a 1999 BJS report, estimated that less a 1999 BJS report, estimated that less than half of 1 percent of an estimated 44 than half of 1 percent of an estimated 44 million people who had face-to-face million people who had face-to-face contact with a police officer were contact with a police officer were threatened with or actually experienced threatened with or actually experienced force. force.


Foster


Police department Police department policies can have a policies can have a significant impact significant impact on how force is on how force is used in street-level used in street-level encounters, encounters, What Components What Components

should a good should a good policy have?policy have?


Foster


PurposePurpose Policy (statement of philosophy)Policy (statement of philosophy) DefinitionsDefinitions ProceduresProcedures

Parameters of use of deadly forceParameters of use of deadly force Parameters of use of less-lethal forceParameters of use of less-lethal force Training and qualificationsTraining and qualifications ReportingReporting Administrative reviewAdministrative review


Foster

Pursuit PolicyPursuit Policy

Vehicular Pursuit: Vehicular Pursuit: An active attempt An active attempt by an officer in an authorized by an officer in an authorized emergency vehicle to apprehend a emergency vehicle to apprehend a fleeing suspect who is actively fleeing suspect who is actively attempting to elude the police, IACP attempting to elude the police, IACP Best PracticesBest Practices What What

Components Components of a good of a good Policy?Policy?


Foster

Elements of Model PoliciesElements of Model Policies

WorkableWorkable Adaptable to trainingAdaptable to training Written in a positive mannerWritten in a positive manner Incorporate relevant lawIncorporate relevant law Pre-tested to assure understandPre-tested to assure understand TrainingTraining ExamplesExamples


Foster

Public Policy and Practice Public Policy and Practice in Criminal Justicein Criminal Justice

For more information onFor more information onPublic Safety TechnologyPublic Safety Technology

Visit Visit www.police-technology.netwww.police-technology.net

Education

Policy Development in Policing and Law Enforcement