Some research studies suggest that if civilian agencies are given
sufficient resources there is a much greater likelihood their work will
have an impact on officers' conduct and increase the public's confidence
in the police.
Supporters of civilian review must continue to meet the
challenges advanced by police unions and associations which often strongly
defend their members ("A police union's threat"). Some
police groups claim that civilian review will have a negative impact
on police
morale. Another claim is that the police, with their experience, can
be more effective in investigating and processing complaints. Research
studies support neither of these arguments:
- Police representatives
have not produced concrete evidence that civilians are less able to
distinguish between false accusations and legitimate cases of police
misconduct;
- There
are no Canadian or international studies that demonstrate the presence
of civilian review lowers police morale and job satisfaction and increases
occupational stress; and
- No studies have been conducted indicating
officers subjected to civilian oversight have lower levels of morale
than officers who are required to undergo an internal police-service
review.
Civilian Review and its Limitations
While there seems to be a
general consensus that civilian review is necessary to establish boundaries
for policing in a democratic society, this method of involving citizens
in law enforcement needs much further development if it is to be successful.
Three of the most important issues are:
- Establishing and clarifying
the authority of civilian review bodies and their degree of independence
from the police;
- Ensuring they obtain adequate resources to achieve
their objectives; and
- Exploring methods of addressing the many dimensions
of alleged police racism.
The dilemma for civilian review agencies is
that most of them do not have the power and authority or the resources
to initiate independent investigations of the police and to adjudicate
complaints (Colleen Lewis Complaints). The most they can usually do is
review an investigation conducted by the police and make recommendations
about discipline. Seldom do they have any final authority over the decisions
of police management (Wortley Civilian Governance). The question remains:
is it more important that civilian review boards effectively identify,
investigate and "discipline" police officers or is their independence
from the police more important?
A survey on systematic racism conducted
in Ontario in 1994 found that people are more likely to report police
maltreatment to civilian rather than to police authorities. But there
is a further dilemma: members of visible minorities are generally hesitant
about becoming involved in the complaints process regardless of whether
the review is external or internal to a police force (Wortley Civilian
Governance 18).
The organizational characteristics of a police force,
its management policies and functions, ethics education and training,
and other factors such as "police culture" can be covariates
of complaints from citizens (Cao et. al, "A test"; Davis and
Mateu; Leffler; Queensland Criminal Justice Commission). These factors
become the responsibility of police managers and are unlikely to be successfully
addressed by any civilian review agency. Developing a means of separating
complaints arising from police organizational and management issues from
matters specifically related to an officer's conduct is one reason why
a multi-tiered complaints system may be necessary (Smith '28). |