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LEGALITY OF KILLINGS BY AUSTRALIAN POLICE

NCJ Number
6255
Journal
Journal of Research in Crime and Delinquency Volume: 7 Issue: 2 Dated: (JULY 1970) Pages: 177-187
Author(s)
R W HARDING
Date Published
1970
Length
11 pages
Annotation
THE AUTHOR FEELS THAT IT IS HIGHLY PROBABLE THAT THE MAJORITY OF KILLINGS BY POLICE OCCUR IN CIRCUMSTANCES NOT PERMITTED BY LAW.
Abstract
HE CITES CASES IN WHICH POLICE WERE CRIMINALLY NEGLIGENT, YET WERE NOT CRIMINALLY CHARGED. HE SEES THIS AS A FAILURE IN THE ADMINISTRATION OF LAW, PARTICULARLY THE FAILURE OF CORONERS TO PERCEIVE THEIR PROPER ROLE AT INQUESTS. THE INQUEST, POLICE INTERNAL DISCIPLINARY PROCEEDINGS, AND CIVIL ACTION ARE ALL DEVICES TO BRING SOME SORT OF ACTION AGAINST THE POLICEMAN, BUT ALL DEPEND FOR THEIR EFFECTIVENESS ON EVIDENCE PRODUCED BY THE POLICE THEMSELVES. THE AUTHOR SUGGESTS THAT A SPECIAL OMBUDSMAN BE APPOINTED TO EACH STATE TO DEAL WITH COMPLAINTS CONCERNING POLICE CONDUCT. THE OMBUDSMAN WOULD BE GIVEN STRONG POWERS ENABLING HIM TO SUBPOENA POLICE, COMMIT THEM FOR CONTEMPT, AND RECOMMEND SUSPENSION AND DEMOTION PROCEEDINGS.