NCJ Number
14557
Date Published
1974
Length
10 pages
Annotation
OFFERS A MODEL FOR THE CRITERIA, STRUCTURE, AND FORMAL PROCEDURE WHEREBY POLICE DISCRETIONARY POWER CAN BE DEFINED AND CONTROLLED WITHIN THE FORMS OF A MUNICIPAL GOVERNMENT.
Abstract
THE CRITERIA FOR ANY SCHEME TO IMPOSE ADDITIONAL EXTERNAL CONTROLS OVER POLICE AUTHORITY INCLUDE THE USE OF GOVERNMENTAL OFFICES AND BRANCHES FROM WHICH POLICE AGENCIES PERCEIVE THEIR AUTHORITY IS DERIVED. FURTHER, THIS AUTHORITY SHOULD BE USED IN SUCH A WAY AS TO SUPPORT AND REINFORCE THE SYSTEM OF INTERNAL DISCIPLINE ALREADY EXISTING IN THE POLICE AGENCY. THESE ARE TWO OF THE MAIN PREMISES UPON WHICH IS BASED THE RECOMMENDED MODEL FOR CHECKING AND BALANCING POLICE AUTHORITY. IT IS SUGGESTED THAT MUNICIPAL LEGISLATURE SPECIFY IN DETAIL BEHAVIORAL VIOLATIONS OF THE CRIMINAL CODE AND CONTINUALLY REVIEW THE EXTENT TO WHICH POLICE ARREST PRACTICES CONFORM TO LEGISLATIVE INTENT. IT IS FURTHER RECOMMENDED THAT A MUNICIPAL JUDICIAL OFFICE BE ESTABLISHED TO PROVIDE A FORUM FOR CITIZEN COMPLAINTS AGAINST THE POLICE. POLICE AGENCY SELF CONTROL IS DEEMED BASIC TO ANY SUCCESSFUL EFFORT AT PROPER USE OF DISCRETIONARY POWER.