Satisfaction with the process
Studies in Canada indicate that the vast majority of complainants
are dissatisfied with the complaint process even when their claims have
been substantiated and the review is conducted by civilians. People who complain about the process are unhappy with the time required to process the complaint, question the manner in which the investigation is conducted, find that the information provided in terms of feedback is very limited, and disagree with the type of discipline recommended for the offending officer (Wortley Civilian Governance 17; "City cop's penalty slammed" Edmonton
Sun December 4, 2004, 5).
Other studies have produced more positive results.
Jurisdictions utilizing an informal mediation process, consistent with
principles of restorative justice and victim/offender mediation, tend to
be regarded
more favourably by complainants (Walker). This approach has been adopted
by a number of Canadian police forces (McIntosh). Early reports appear
positive but these anecdotal reports need to be confirmed with hard research
data.
One interesting study compared the goals of the complainants – what they
wanted to accomplish - with the aims of the formal complaint process.
The conclusions are quite interesting:
- Few complainants wanted the offending
officer to be punished, suspended, dismissed, or to face criminal charges;
- Most
want an explanation, an apology, a face to face encounter with the
officer or simply documentation on the officers record;
- Concern about
the way the complaint is handled is as important to complainants
as who deals
with the
complaint;
- Complainants felt alienated by the legalistic approach to
the investigation; and
- There is dissatisfaction with the amount of
information provided by the investigators, the time it takes, the manner
in which
the investigation is conducted, and the types of discipline recommended
(Walker,
Wortley Civilian Governance 17).
Support for Civilian Oversight
Civilian
oversight is primarily based on these assumptions:
- People will trust citizens
more than the police and be more willing to lodge a complaint;
- Citizens
will be more objective when examining complaints from other citizens;
- Their
objectivity will produce a higher percentage of substantiated complaints
that will deter
and reduce instances of police misconduct; and
- The public, as a result
of these actions, will have greater confidence in the police.
While these
are
only assumptions and there is no research data indicating this is what
actually occurs (Wortley Civilian Governance 6-7), civilian oversight
as a concept
seems to have become well established in the minds of citizens in the
community, complainants, and public officials and affirmed in public
opinion surveys.
Many police officers accept it as inevitable and express their willingness
to work with members of the community (Wortley Civilian
Governance 19). |