NCJ Number
208838
Date Published
2005
Length
34 pages
Annotation
This chapter discusses the relationship between policing and the "rule of law," some implications of contemporary public-law scholarship for the control of policing, and the prospects for the legal regulation of police practices.
Abstract
The author develops the argument that law's relationship with policing depends upon the nature of the law, the type of policing, and the social and political contexts. Clearly, this defies a formulaic resolution to the question about whether law can change policing. Under the author's argument, law is viewed as an adaptable set of practices, discourses, techniques, and modes of regulation, rather than as some fixed essence with the magical power to change circumstances. Law can set parameters for a rule-based regime of policing, but with the ability to function with discretion and pragmatic adaptability. Policing involves a wide range of practices, institutions, and cultures. The impact of law on policing is modulated by various combinations of these factors. The objectives of policing cannot be restricted by the requirements similar to those set for criminal justice case processing, i.e., arrest, legal processing, charging, prosecution, and conviction. Policing by the consent of the community policed requires that the police tailor their duties and performance to the expectations and demands of the community, which encompasses a broad range of services pertinent to public safety and citizen well-being. When considering how change occurs in policing, legal regulation is but one of the tools of change. It can help define and facilitate change, but reform requires other factors, such as an alteration of police ideology, values, and training. 50 notes and 200 references