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Why Don't More People Complain Against the Police?

NCJ Number
227505
Journal
European Journal of Criminology Volume: 6 Issue: 3 Dated: May 2009 Pages: 249-266
Author(s)
Graham Smith
Date Published
May 2009
Length
18 pages
Annotation
This review of research on police misconduct and complaints against police in England and Wales identifies factors that influence whether or not an individual decides to make a complaint against the police.
Abstract
The review identified four key factors that influence whether or not a person will make a complaint against the police. These are the seriousness of the grievance against police behavior, the self-confidence of the potential complainant, his/her confidence in the complaint system, and whether support and assistance in making a complaint are available. The police complaint system in England and Wales is managed by the Independent Police Complaints Commission, one of the most sophisticated police complaint systems in the world. This paper shows, however, that even with such a system, problems of trust and confidence in the complaint system continue. The principal argument developed in this paper is that non-police complaint systems are not the only solution to the police complaints problems, and they cannot, just by their existence, encourage people to lodge grievances against the police. Other measures are essential, with the most needed being adequate support and assistance in pursuing the complaint process. This paper argues that consideration should be given to providing complainants legal representation as an additional measure for ensuring fair and effective complaint systems; for example, a person who has been subjected to a minor assault by a police officer and who does not seek legal advice, either because he/she was not arrested or was release from custody without charge, is unlikely to make a complaint. This resulted in public acceptance of a level of police wrongdoing that goes unchallenged. Access to the police complaints system would be significantly improved if complainants were entitled to legal advice and representation. 47 references