Policing
Introduction
Crime has been a major issue in society and policy makers have sought out different means of putting an end to criminal activity as well as punishing criminals. Since law enforcement officers carry the responsibility of preventing crime and apprehending criminals when crimes occur, the law enforcement department has had various improvements as it tries to evolve and better deal with crime related incidents. With new threats and crime rates constantly going up, law enforcement officers have had to operate under serious public scrutiny and this has led to even more alterations in the way they operate. While the changes implemented are meant to make it easier for law enforcers to perform their duties, the policies tend to have both positive and negative impacts on how well law enforcers carry out their responsibilities after the implementation of these changes.
Police departments are now forced to operate under high levels of transparency that did not exist in the past. Civilians not only want to be protected, they also need to know how the police go about performing their duties and this opens up room for more scrutiny from the public. The introduction of community policing has also pushed police departments to promote positive relationships between the police and members of the community. Other than ensuring their security, law enforcers also have to work with civilians to get a better understanding of the community and how to best protect it from crime. While community policing helps to identify criminal activity early in advance, it gives the police more work as they have to interact and assess information provided by the public before deciding on the appropriate course of action. There is also the introduction of various forms of technology that are a requirement for today’s law enforcers. The technology also makes education a necessity as the police must have the skills and knowledge needed to operate the technology and implement its use in the field.
Changes in Hiring
One area that has been impacted by the changes in policing is hiring, especially in relation to convincing individuals to apply to be law enforcement officers. In the past, those applying for law enforcement positions were driven by the desire to work and the passion to help others or make society better and safer (Smith, 2016). In today’s society, those I the law enforcement occupation do not just work to make the community safer, but also because it is a way to earn a living. Recruitment agencies must therefore come up with various benefits and compensations to entice individuals into considering a career in law enforcement. There is also the fact that crimes have become more serious and the lives of law enforcers are constantly at risk (Smith, 2016). Recruitment agencies must therefore seek out individuals who have no problem endangering their lives. The challenge however is that; those willing to take the job are aware of the risks and therefore expect more compensation from the agencies.
Recruitment agencies also have to include increased training as part of the recruitment process, especially with the different forms of technology and advanced procedures used when apprehending criminals and solving crimes. Even with the advanced forms of technology and the implementation of well-structured policies, their implementation and use depends on the skills and competence of the law enforcers (Bond, 2014). The success of the changes implemented in law enforcement therefore relies on good training and exemplary leadership skills as this ensures that those recruited are competent and capable of accomplishing all the tasks and responsibilities expected of them.
Limitation by the federal court
While most changes implemented are designed in such a way that will make it easier for law enforcers to carry out their duties, some are, to some extent, a violation of the law enforcement officer’s human rights. A good example is the provision where most law enforcement officers are required to wear uniforms (UN, 2002). On the one hand, uniforms make it easier for the public to identify police officers and also to help set them aside from civilians. This however, is a violation of the law enforcer’s freedom of expression as the uniforms are mandatory (UN, 2002). Since the uniform does not prevent law enforcers from carrying out their duties or improve success, forcing them to wear uniforms infringes on their rights and could make it even harder to catch unsuspecting criminals. The uniqueness of the uniforms makes it easy to identify police officers and those engaged in crimes can stop whenever they see a police uniform.
Another way in which the federal law infringes on the rights of law enforcement officers is in relation to participating in protests. Since police officers serve the role of maintaining peace and preventing crime, they are required to play a neutral role in most issues that trouble society (NAS, 2018). When members of the community decide to protest, federal laws prevent police officers from participating in such activities even is they may be in support of the protest. Law enforcement officers are therefore unable to show their support and instead have to maintain order, at times having to result to using force against people protesting issues that the police officers may also be against (NAS, 2018). While members of the public can show their dissatisfaction with policy makers and policies implemented, law enforcement officers have to maintain their loyalty as this is a requirement for all police officers.
Constraints on law enforcement
There is also the issue regarding the constraints brought about by the policies implemented by law enforcement agencies that affect how police officers carry out their duties. A good example is the need for probable cause especially during search and seizures (Means, 2018). Despite being trained on how to identify criminal activity, police officers must also ensure that any action they take before apprehending a criminal is backed by enough evidence to prove beyond a reasonable doubt that the police officer had enough reason to apprehend a suspect. Police officers must therefore be positive that whatever actions they take is backed by enough cause and this often slows down the rate in which justice is dealt. In cases where police officers do not have probable cause, criminals may get away with their crimes or take longer before being apprehended.
Other constraints include the introduction of technology in basic law enforcement procedures as well as the need for educated and skilled law enforcement officers. With the changes introduced in law enforcement departments, technology has become a big part of how police officers go about performing their duties (Means, 2018). The constant technological developments mean that police officers have to keep learning new skills in order to operate the technology and this adds on to the already huge workload involved in maintaining law and order. Education is also a constraint as it limits the responsibilities assigned to specific individuals based on their academic level (Means, 2018). While education is an added advantage, successful policing relies more on experience and knowledge gained while on duty. Education takes away time that could be spent training officers and is therefore a constraint, despite its positive impact.
Effect on leadership
When law enforcers make mistakes, the blame falls not only on the individual, but also on their supervisors. A good example is the Arizona v. Johnson case. Johnson was arrested after the car he was travelling in with his friends was stopped for a traffic violation. While the stop and seizure was lawful, the police officers continued questioning of Johnson regarding his criminal background was seen as a form of police discrimination (Wallentine, 2009). This was after the court ruled that the police officer did not have probable cause to search Johnson and even though he was found in possession of drugs and a weapon. Another example is the City of Canton v. Harris where Harris fell multiple times while she was being taken to lock up. When the police asked if she needed medical attention, the plaintiff declined but was later taken to the hospital by relatives after she was released (Wallentine, 2009). During trial, the commander in charge when she was taken to the station was accused of negligence and recklessness as it was his responsibility to ensure that all suspects are treated in a humane way and that medical assistance is provided to those injured. This was despite the fact that the neglect was in the hands of law enforcement officers and not the shift commander.
In both cases, the blame fell to the leaders as they are responsible for the conduct of the police officers under them. Since police officers follow orders from their superiors, most of the blame falls on the leaders, eve when the mistakes could not have been anticipated (Wallentine, 2009). Leaders have a responsibility of ensuring that law enforcement officers have the training and skills to perform their duties as in line with the constitution and policies that govern society. Even with the challenges and constraints that exist in policing, law enforcement officers must always strive to maintain law and order.
References
Bond M, (2014) “How education impacts police performance” Public Safety, retrieved from, https://inpublicsafety.com/2014/07/how-education-impacts-police-performance/
Means R, (2018) “Supervisory Liability” Hendon Media Group, retrieved from, http://www.hendonpub.com/resources/article_archive/results/details?id=2742
National Academies of Sciences, (2018). Proactive policing: Effects on crime and communities. National Academies Press
Smith, S (2016) “A Crisis Facing Law Enforcement: Recruiting in the 21st Century,” The Police Chief 83
United Nations, (2002) “Human rights and law enforcement” retrieved from, https://www.ohchr.org/Documents/Publications/training5Add2en.pdf
Wallentine K, (2009) “Law enforcement and the law” National Police Foundation, retrieved from, https://www.policeone.com/legal/articles/1964272-PoliceOne-Analysis-12- Supreme-Court-cases-affecting-cops/
