Police Accountability Research Articles

Understanding BNS Sections 238 and 61(2): Evidence Tampering, Supplying False Information to Protect a Criminal, and Police Accountability

This paper provides a detailed analysis of Sections 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), focusing on the implications of tampering with evidence or providing false information to protect a criminal, especially concerning the responsibilities of police officers. Those who deliberately obliterate, remove, destroy or conceal evidence related to a crime or offer false information to shield an offender face penalty under Section 238 BNS, where the severity varies based on the nature of the offence, potentially resulting in a prison sentence of up to seven years and a fine. In addition, Section 61(2) BNS in this regard addresses issues related to criminal conspiracy between two or more persons in order to destroy or temper with evidence or furnish false information to shield a criminal from arrest or criminal liability and stipulates punishment commensurate with the seriousness of the offence. It also underscores the importance of investigating police officers' safety and the need to adhere to ethical and investigative standards. The study highlights the crucial role of honesty and transparency within law enforcement to promote accountability and uphold the principles of justice.

Legal regulation of police organization and operations: European experience

The article examines the challenges of applying European experience in legal regulation of police organization and activities to Ukrainian legislation in the context of European integration processes. The author analyzes the current state of reforming the National Police of Ukraine, identifying key problems and challenges in implementing European standards in law enforcement activities. The paper discusses key aspects of adapting national legislation to European Union norms, particularly in human rights protection and public safety. Special attention is paid to analyzing the Law of Ukraine “On National Police” for compliance with international standards of police accountability and public oversight mechanisms. The author identifies main obstacles to effective implementation of European experience in Ukrainian police activities. These include insufficient regulation of public control mechanisms, lack of ratification of important international documents, the need to improve information and analytical support, and overcoming the “force-based” model in favor of a “service-based” approach. The article emphasizes the need to transform not only the legislative framework but also the mindset of police officers and society as a whole. It examines the implementation of new forms of policing, such as patrol police and dialogue police, as well as the application of modern technologies and analytical methods. Special attention is paid to anti-corruption issues in the law enforcement system and ensuring proper resource support for police activities, especially under martial law conditions. The author emphasizes the importance of further improving the regulatory framework to ensure effective protection of citizens’ rights and freedoms, increasing police transparency, and strengthening public interaction. The conclusions emphasize the need for a comprehensive approach to reforming Ukraine’s law enforcement system, considering European experience while taking into account national specificities and current challenges facing the country.

“We're tired of this Weber guy!”—Force experts, police reforms, and the violence of standardization

AbstractSince the mid‐2000s, the use‐of‐force continuum—a global standard for providing law enforcement with guidelines on the proportionate use of force—has been central in Turkish police training and reporting practices. Liberal police accountability tools, like the use‐of‐force continuum, rely on standardization to prevent police violence. Yet these techniques still result in maimed bodies and psyches and police impunity. Rather than taking the standardization of police force simply as a failed project, a sham, or a mere techno‐fix, I examine how powerful actors like police align with such standards and how they start thinking and acting through them while repurposing them. Drawing on 18 months of fieldwork between 2015 and 2017 among the Turkish National Police, I show how the transnational standardization of police force has in fact enabled police in Turkey to redefine and ultimately reclaim the violence they are professionalized in as what I call “force experts.” Force defies standardization in both theory and practice; however, what sanctions police violence now is not just technical standardization but the expert framing of the democratically reformed police force. This is the violence of standardization, especially in contexts where governments retool reforms to criminalize suspect Others whom they perceive as a “threat” to their rule.

Public perception on police effectiveness and accountability in Nigeria: Insights into crime prevention and control

Public perception on police effectiveness and accountability in Nigeria: Insights into crime prevention and control

Beat Policing and its Efficacy in Dhaka Metropolitan Police (DMP)

AbstractIt has been almost a decade since the beat policing program was launched in Dhaka. It is a unique way for the police to reach citizen before their call. At the beginning of 2011, the Dhaka Metropolitan Police (DMP) launched beat policing in the capital to extend their service to civilians, reaching out to them closer and ensuring the accountability of police. The study’s primary objectives were to unearth causes thwarting its efficacy and suggest necessary remedies. This study was based on a quantitative and partially qualitative method; a non-probability purposive sampling was used to conduct the studies in four different police stations (8% PS) covered purposively. DMP employed beat policing to create a cordial and cooperative relationship between police and general people, ensure a safe environment for children and women, extend services to the poor and underprivileged, take preventive actions against crime, and collect information about various crimes around the city. The main findings of the study are as follows: (a) City dwellers have no clear idea about beat policing, but 55% of responders know at least their beat number, but the significant finding is that 63% of citizens said that the law and order situation has more improved after introducing the beat policing program; (b) public expectations of the beat officer are slightly adverse; (c) most of the service users recommended to increase publicity about beat policing; (d) half of the citizens reported the conduct of beat police as very friendly; (e) 93% responders said that they have never needed any payoffs to a beat policeman; (f) 93% beat police personnel claim that they regularly performed their duty. A few respondents said that their inconvenience was due to lack of workforce, logistics, job stress, and overload duty. They hope that police authority should make an additional allowance for their beat policing program.

Law enforcement bodies in the mechanism of functioning of state power

It is noted that in a modern democratic society, law enforcement agencies play a key role in ensuring legality, law and order, and the safety of citizens. They are an integral part of the mechanism of functioning of state power, acting as a tool for implementing the legal policy of the state and protecting the constitutional rights and freedoms of citizens. A special place in the system of law enforcement agencies is occupied by the police, which is on the front line of interaction between the state and citizens in the sphere of law enforcement. The police, as the central element of the law enforcement system, has a wide range of powers and responsibilities, covering crime prevention, crime investigation, public order and security. The article examines the role of law enforcement agencies, particularly the police, in ensuring legality, law and order, and the safety of citizens in a modern democratic society. Special attention is paid to the analysis of legal, organizational and technological aspects of police activity in the context of growing challenges such as cybercrime, international terrorism and organized crime. The functions of the police as a key element of the law enforcement system, its interaction with other state bodies and society are considered. The author emphasizes the importance of reforming the law enforcement system of Ukraine to meet international standards and growing social needs. It is noted that the functioning of the police in a democratic society should balance between ensuring security and protecting the rights and freedoms of citizens. Particular attention was paid to the need to improve the legal and organizational mechanisms of police work, which ensure their accountability to society and compliance with the principles of the rule of law. The article also raises questions regarding the legal definition of law enforcement agencies and their functional role in the modern state, the problems of normative and legal regulation of their activities. The importance of creating an effective system of police control and accountability in the context of democratic transformations taking place in Ukraine is discussed.

Influence Policing: Domestic Digital Influence Campaigns and Algorithmic Strategic Communications in UK Law Enforcement and Homeland Security

Abstract This paper conceptualizes an emerging model of algorithmic policing; ‘influence policing’. This harnesses the affordances of Internet platforms to conduct domestic digital influence campaigns for crime prevention. These campaigns use sophisticated targeted messaging to directly ‘nudge’ behaviour and shape the culture of specific groups. By targeting people using micro-level behavioural, personal-interest and location-based data, influence campaigns aim to employ insights from behavioural psychology to prevent crime at a distance. We theorize this with an analysis of a dataset of more than 12,000 adverts and in-depth fieldwork with a dedicated police strategic communications team. Influence policing provides law enforcement with new capacities to craft and manicure hidden digital encounters with targeted publics, raising questions about its democratic character and police accountability.

Police accountability and officer misconduct: moderation effects by officers’ gender and race for body-worn cameras and an early intervention system

PurposeMuch empirical work has examined body-worn cameras (BWCs), and there is a growing interest in early intervention systems (EISs) in policing. Whether the effects of these accountability mechanisms are stable by officer gender and race remains unknown – important assumptions of each program despite differences in misconduct levels and policing practices by subgroups of officers (i.e. male vs female officers, White vs Black and Hispanic officers).Design/methodology/approachThe current study uses data from a large Southwestern police department to examine the influence of BWCs and an EIS on alleged and sustained patrol officer misconduct between January 1, 2016 and December 31, 2020.FindingsIn line with expectations and the intended goal of these programs, the effects of BWCs and the EIS on officer misconduct were stable by officer gender and race.Originality/valueGiven the importance of addressing officer misconduct to build and maintain community trust and the rapid expansion of BWCs and EISs across the United States, it is vital that police departments consider the accountability programs they implement and the equity of these programs. The current study provides insight into this process in one agency and offers policy implications and directions for future research.

Exploring public cooperation with police: the role of police accountability, police effectiveness, and public trust

ABSTRACT Public cooperation with the police is crucial because the public acts as the eyes and ears of the police. Moreover, research on public cooperation with the police, including crime-reporting behaviours and willingness to cooperate with law enforcement agencies, remains scarce in post-conflict countries like Somalia. Therefore, this study investigates the roles of perceived police accountability and effectiveness in fostering public cooperation with the police in Somalia via the underlying mechanisms of public trust in the police. Data were collected from a sample of 470 respondents in Mogadishu, Somalia. The analysis employed Partial Least Squares Structural Equation Modeling (PLS-SEM) to test the proposed model. The study found that police accountability has indirectly and positively impacted public cooperation via public trust in police. Moreover, public trust in police positively and significantly impacts public cooperation with the police. The findings also revealed that police effectiveness, directly and indirectly, impacts public cooperation with the police.

The 2020 #EndSARS Protests in Nigeria: Understanding How Perception Influences Government Approach to Civil Uprising in a Dictatorial State

Abstract Dictatorial regimes are known for their non-tolerance syndrome, including for peaceful protests. With manifest dictatorial tendencies, Nigeria, under the President Muhammadu Buhari, fiercely gagged the media and clamped on peaceful protests, believing them to be anti-government uprisings. Despite this repressive approach, the youths embarked on the #EndSARS protest to demand for police accountability. Although the movement could not achieve its desired objectives, it drew international attention to police brutality and unveiled how dictatorial perceptions deny even a democratic government an opportunity to retract its policy steps. This paper analyzes how the Nigerian state escalates its security problems through its perception of, and approach to, peaceful protests. Using data from field survey, acled and documentary media reports, this paper argues that Nigeria’s manifest dictatorial tendencies deny it the opportunity to take in protest demands to initiate pro-people policies that could address its security problems. The implication is that the security environment in the country continues to worsen.

Impact of Citizens Do-It-Yourself Activities on Digital Platform of Community Policing in Malawi

Digital platform has become catalyst for effective and efficient enforcement of rule of law in human society. This study examines impact of citizens do-it-yourself activities on digital platform of community policing in Malawi. Under exploratory sequential mixed methods design, Interviews followed purposive sampling targeting four focus group discussions of 10 participants each using interview guide instrument. House hold survey identified 432 respondents guided by Yamene (1969) formular, and were randomly distributed within 10 centers of Muloza, structured questionnaire was used to collect data. Transcribed interviews were coded, then grouped into sub themes, further merged into themes responding to research questions with help of NVivo application. House hold survey analysis implored descriptive statistics in SPSS version 20. Guided by pragmatics philosophical assumptions under lens of social-disorganization, democratic participation, and broken window theories, findings reveal citizens have participated in virtual interaction through ICTs in community policing, characterized by formal and non-formal wide participation improving police accountability and transparency in handling policing and, citizens are satisfied with level of engagement during virtual interaction. Multinominal regression shows gender has no impact on factors that influence Do-It-Yourself participation are (1) communication and sharing information between citizens and police p=.747, (2) to be aware of rights violations and safety needs, (3) people’s involvement in rights violations and suspicious activities p=.708, (4) citizen’s involvement in crime prevention and community policing efforts, (5) to maintain community dialogue and engagement p=.088, (6) looking for faster emergency response times, and (7) to provide evidence and share information with authorities p=.806. Effectiveness of digital participation of Do-It-Yourself is that it is at random and influenced by different causes surrounding personal interests. As such they could be engaged on daily, weekly, occasionally or monthly basis as long as citizens secure their environments. The discussion is that while other studies reveal that ICTs may reduce corruption, this current study reveals that flexibility and user friendly of ICTs allowing formal and non-formal wide participation that has improved police accountability and transparency in policing empowers citizens to participate claiming for their rights to secure their environments in community policing. Based on findings the study recommends community guardians including duty bearers like police officers to enlighten citizens to embrace ICTs for more security empowerment to take part in security issues of their times.

Police coercive actions and citizen complaints: a comparison of NYPD precincts

PurposeThis study explores the influence of police coercive actions during Stop, Question, and Frisk (SQF) encounters on citizen complaints of police misconduct in 76 precincts in New York City.Design/methodology/approachUsing data from NYPD's SQF reports, Citizen Complaint Review Board, and demographic measures, the analysis focuses on specific coercive actions (frisk, search, summons, physical force, and arrest) and their association with citizen complaints (excessive force, abuse of authority, discourtesy, and offensive language).FindingsBivariate and multivariate analyses revealed frequent lower-level coercive actions, such as frisks and summons, are linked to increased citizen complaints. Surprisingly, higher levels of coercive actions involving force and arrests do not substantially impact complaints, challenging conventional assumptions.Practical implicationsThe research underscores the importance of transparency, accountability, and positive police-community relations. Addressing precinct-specific characteristics influencing the relationship between coercive actions and citizen complaints is crucial for fostering a more constructive and accountable policing approach in New York City precincts.Originality/valueThis study challenges assumptions by providing a distinctive perspective on the impact of police coercive actions during SQF encounters on citizen complaints. The unexpected finding that higher levels of coercive actions, typically involving force and arrests, do not substantially impact complaints contributes to the discourse on police-community interactions, offering a nuanced understanding of the relationship between specific coercive actions and citizen complaints.

The Heat is On: Does Civil Litigation Affect Policing Practices?

We investigate the relationship between civil litigation and policing activity at a systems level and take a step toward a more rigorous understanding of the effect of civil litigation as an accountability mechanism for law enforcement misconduct. To investigate, we assemble original data on every civil lawsuit filed against a police department in North Carolina between 2003 and 2011, which we pair with existing traffic stops data from 2002 to 2016. We hypothesize that as an agency faces an accumulation of lawsuits, the agency will scale back its discretionary enforcement activities. Empirical tests reveal a 16 percent drop in the number of monthly stops made by officers in the aftermath of new civil litigation against their department. However, reductions in discretionary police behavior appear to benefit white motorists while rates of stops of Black motorists remain relatively unchanged. Our findings highlight the role of litigation in police accountability as well as the seeming intractability of racial disparities in discretionary police behavior.

Police reform from the top down: Experimental evidence on police executive support for civilian oversight

AbstractThe accountability of police to the public is imperative for a functioning democracy. The opinions of police executives—pivotal actors for implementing oversight policies—are an understudied, critical component of successful reform efforts. We use a pre‐registered survey experiment administered to all U.S. municipal police chiefs and county sheriffs to assess whether police executives’ attitudes towards civilian oversight are responsive to 1) state‐level public opinion (drawing on an original n = 16,840 survey) and 2) prior adoption of civilian review boards in large agencies. Results from over 1,300 police executives reveal that law enforcement leaders are responsive to elite peer adoption but much less to public opinion, despite overwhelming public support. Compared to appointed municipal police chiefs, elected sheriffs are less likely to support any civilian oversight. Our findings hold implications for reformers: we find that existing civilian oversight regimes are largely popular, and that it is possible to move police executive opinion towards support for civilian oversight.

Lived Experiences of Police Regional Office Cordillera Personnel Charged and Suspended for Misconduct Cases

Forty-one percent (41%) or 132 out of the 321 complaints lodged against personnel of the Police Regional Office Cordillera between 2018 and 2022, concerned allegations of improper conduct. One hundred eighty-five individuals residing in the area were responsible for the 132 reports of misconduct. The researchers conducted a study to gain a more comprehensive understanding of the testimonies provided by personnel charged with misconduct offenses and subsequently suspended at the Police Regional Office Cordillera. The research utilized a qualitative approach principally hermeneutical-phenomenological methodology. The study’s findings primarily reveal the extent of police officers’ involvement in misconduct offenses, the effects of suspension on their careers, and the support and intervention provided to suspended individuals. A variety of factors, including individual carelessness or negligence, vices, family disputes, and the non-payment of debts or obligations, contribute to individuals’ participation in misconduct cases. The suspension profoundly impacted the respondents’ experiences as police officers, resulting in a range of advantageous and disadvantageous outcomes. Furthermore, according to seven out of eight respondents, the Philippine National Police failed to provide coordinated assistance or support, and the overwhelming majority of those surveyed abstained from involvement in reform-related initiatives. Keywords: Misconduct, Police Accountability, Suspension, Inherent Administrative Disabilities, FORM Police

Understanding the Interplay of Race in the Criminal Justice System

Purpose: The purpose of this study was to investigate and understand the interplay of race in the criminal justice system. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the interplay of race, class and gender in the criminal justice system. Preliminary empirical review revealed that that pervasive racial disparities exist within this institution, as evidenced by disproportionate treatment of racial minorities at various stages of the criminal justice process. It found that despite efforts to promote fairness and equity, implicit biases and systemic racism continued to influence decision-making, leading to disparities in arrests, prosecutions, and sentencing. The study highlighted the interconnectedness of race with other social factors such as socioeconomic status and neighborhood characteristics and underscored the urgency of implementing evidence-based interventions and policy reforms to address racial disparities effectively. Recommendations included diversifying law enforcement agencies, implementing implicit bias training programs, and reforming sentencing guidelines to promote fairness and reduce disparities in incarceration rates. Unique Contribution to Theory, Practice and Policy: The Critical Race theory, Labeling theory and Structural Functionalism may be used to anchor future studies on the interplay between race and the outcomes within criminal justice. The study provided recommendations that contributed to theory, practice, and policy. It integrated critical race theory into the analysis to explore systemic racism's role in perpetuating racial disparities. Practically, evidence-based policing strategies and procedural justice principles were emphasized, alongside community policing initiatives and accountability measures to address bias and misconduct. Policy recommendations included reforming sentencing laws, investing in alternatives to incarceration, and addressing social determinants of crime. The study contributed to theory by examining intersecting identities' impact and advocated for community-driven interventions, trauma-informed approaches, and reforms to reduce racial bias and enhance accountability within the criminal justice system.

An absolute shield: Qualified immunity, police misconduct and black lives matter

Before the global spotlight ascended upon nationwide efforts to codify into law that Black Lives Matter, specifically, police accountability against the use of excessive force against unarmed civilians, qualified immunity has silently flourished throughout America. Created to shield police officers and other government officials for the actions they engage on the job, this long-standing judicial doctrine continues to proliferate a culture of near-zero accountability when police officers engage in misconduct, which for communities of color, oftentimes results in deadly outcomes against unarmed civilians. This article will first revisit the development and legacy of qualified immunity, followed by analyzing its universal defense from police unions, then shifting to a data-rich illustration of disciplinary data highlighting the systemically designed outcomes of qualified immunity via the New York Police Department, before providing concluding thoughts. Ultimately, this article asserts that the retrogressive outcomes of police disciplinary inquiries, especially with respect to communities of color, is operating as designed, whereas efforts to review and revisit its structure and practices threaten a longstanding culture of disregard and near-zero accountability.

A Mixed-Methods Study of Early Intervention System Policy, Supervisory Review Practices, and Effectiveness

Early Intervention (EI) systems are police accountability tools widely used to identify and address at-risk officers. Studies have yet to incorporate supervisory review practices into EI evaluations. The current study helps fill this gap by examining the operation and effectiveness of an EI system through the integration of policy and supervisory review practices using a mixed methods design. EI alert data, supervisor response memos, and semi-structured supervisor interviews were collected from a large, metropolitan police agency in the southwestern United States. Results indicated that several officer, supervisor, and EI case characteristics were associated with both supervisors’ EI policy adherence and the likelihood of subsequent EI alerts occurring. These results were supplemented with supervisors’ perceptions of EI processes and reasons for EI system effectiveness and ineffectiveness. Collectively, EI system design and implementation, supervisory review processes, and appropriate oversight of these processes were perceived to be key to an EI system’s success.

R (on the application of W80) v Director General of the Independent Office of Police Conduct: Landmark Ruling or Business as Usual?

On 5 July 2023 the Supreme Court handed down its judgment in R (on the application of W80) v Director General of the Independent Office for Police Conduct. The issue before the Court was which test should be applied in assessing whether officers’ use of force amounts to misconduct; the criminal law test for self‐defence (as the Divisional Court found), the test set out in the Police Conduct Regulations 2012 (ie that officers should only use force when it is ‘necessary, proportionate and reasonable in all the circumstances’) (as the Court of Appeal held) or the civil law test for self‐defence which the Supreme Court ultimately decided was the correct approach. The Court's affirmation that the criminal law test is inconsistent with the purposes of the police conduct system is to be welcomed. However, this case note argues that their Lordships’ reasoning in other regards was unconvincing and obscured deeper issues concerning police accountability which the recent Casey Review confirms need to be more openly addressed.

The State and Accountable Policing: A Diagnosis of #ENDSARS Movement in Nigeria

The functions and actions of a State represent and characterize what it is. Police, as the most visible institution in a civil society, represent the character of the government within a State. In line with this thought, the actions of the ‘Special Anti-Robbery Squad – SARS’, a unit in the Nigeria Police Force (NPF), attracted the ire of the public against the government which led to international anti-police brutality campaign known as ‘#EndSARS Movement’. Among other concerns, the study sought to address the question – ‘Can activism in criminology like the “#EndSARS Movement” make the police accountable to the citizens?’