Abstract
ABSTRACT Democratic policing, as opposed to regime policing, must meet at least three requirements: there is democratic accountability of and for the police; the police adhere to the rule of law; and the police behave in a manner that is procedurally fair in service of the public. The article presents a conceptual framework of nine dimensions applicable to different contexts with a view to facilitate policies and practices towards democratic policing. It is argued that the ultimate result being sought is a legitimate police service. If legitimacy is the result, then trust is the outcome preceding it. Legitimacy is dependent on the public's trust that State power will be used in the public interest. Public trust therefore fulfils an important legitimising function. Levels of trust in the police are driven by the police's ability and performance record with reference to three outputs : objectivity, empathy and responsivity. The latter three outputs flow from five input variables, namely: knowledge of what works in creating a safer society from a policing perspective; rights-based policing; accountability of the policing (inclusive of transparency); efficiency and effectiveness of resource utilisation; and the police as citizens also entitled to rights and protections. The utility of the conceptual framework lies in providing a coherent and linked-up view to analyse police organisations and support the development of reform proposals. Keywords: Democratic policing; regime policing; public trust; legitimacy; human rights; police reform; professional policing.
Highlights
There is no universally accepted definition of democratic policing
Democratic policing, as opposed to regime policing, must meet at least three requirements: there is democratic accountability of and for the police; the police adhere to the rule of law; and the police behave in a manner that is procedurally fair in service of the public
Democratic policing, as it is understood and applied in this article, must meet three fundamental requirements: (1) there is democratic accountability for policing practices that are vetted in the public arena and have popular support; (2) police adhere to the rule of law; and (3) the police behave in a manner that is procedurally fair in service of the public
Summary
There is no universally accepted definition of democratic policing. Related concepts often subsumed within the phrase include “professional policing”,1 community-oriented policing,2 “SMART policing”[3], and “evidence-based policing”.4 Democratic policing, as it is understood and applied in this article, must meet three fundamental requirements: (1) there is democratic accountability for policing practices that are vetted in the public arena and have popular support; (2) police adhere to the rule of law; and (3) the police behave in a manner that is procedurally fair in service of the public. Friedman and Ponomarenko , as we have seen above, note that “(d)emocratic accountability ensures that policy choices are vetted in the public arena and have popular support; the rule of law requires that those choices be constitutional as well”.12 These two basic requirements are noted by other scholars too.[13] Within these, a number of sub-categories can be identified: seeking to create a security environment promoting democracy; accountable to the law, not a law unto itself; accountable to democratic structures and the community; transparent in its activities; prioritising the safety and rights of individuals and groups and protecting human rights; providing professional and ethical services; representing the community it serves; structured to best achieve these ends; and demonstrating internal adherence to the principles of good governance.[14] The Organisation for Security and Co-operation in Europe (OSCE) Guidebook on Democratic Policing sets out a similar structure in respect of the characteristics of democratic policing.[15]. The part describes nine key dimensions of democratic policing, as shown in Diagram 1 (below, after Part 8 Conclusion)
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