Abstract
Although the social and political environment in which a police agency operates plays an important role, in most jurisdictions its organizational culture is shaped primarily and directly by the police agency itself. Recruitment, selection, and training; the creation, communication, and teaching of agency rules and procedures; detection, investigation, and discipline of misconduct; and circumscription of the code of silence are all primarily police agency functions.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
References
Chief Greenberg, a highly articulate, conservative, black, Jewish police Chief in the heart of the South appears frequently on national television. His views on policing and crime are described in Reuben Greenberg (with Arthur Gordon), Let’s Take Back Our Streets (Contemporary Books, Chicago: 1989).
Antony M. Pate and Edwin E. Hamilton, Big Six: Policing America’s Largest Cities 142 (1991).
Douglas W. Perez, Common Sense About Police Review 28–29 (1994).
The Internal Affairs Annual Report 1 (1996).
Section II-10, St. Petersburg Police Department General Order.
Rule II-10 IIA of the STPPD General Order, 1989.
1998, P. 33.
CMPD, Recommendations from the 1997 Review, 2000, p. 21.
Previous versions of the Police Officers’ Bill of Rights were submitted under different names to both Houses of Congress over the last decade (e.g., Law Enforcement Officers’ Bill Of Rights Of 1991, S. 321, 102nd Cong. (1991); Police Officers’ Bill Of Rights Act Of 1991, H.R. 2946, 102nd Cong. (1991); Law Enforcement Responsibility Act Of 1991, H.R. 2532, 102nd Cong. (1991); Omnibus Crime Control & Safe Streets Act Amendments, H.R. 642, 102nd Cong. (1991)). The most recent versions of the Police Officers’ Bill of Rights have been introduced to the both Houses of Congress (State and Local Law Enforcement Discipline, Accountability and Due Process Act of 2000, H.R. 3896, 106th Cong. (2000); State and Local Law Enforcement Discipline, Accountability and Due Process Act of 2000, S. 2256, 106th Cong. (2000)) and are currently with the House of Representatives Committee on the Judiciary and the Senate Committee on the Judiciary. One of the purposes of the Act — State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2000 — is to establish that state and local police officers are provided due process rights when involved in a case that may lead to their dismissal, demotion, suspension, or transfer. One of the states that have already enacted a form of the Police Officers’ Bill of Rights is Florida (See Fla.. Stat.. tit X, §112.532 & 111.533 (1999)).
Garrity v. State of New Jersey, 385 U.S. 493; 87 S. Ct. 616; 1967 U.S. LEXIS 2882; 17 L. Ed. 2d 562 (1967). The Supreme Court granted certiorari and heard the case involving appellants, police officers in New Jersey boroughs, who were questioned during the course of a state investigation. Before being questioned, each appellant was warned, “(1) that anything he said might be used against him in any state criminal proceeding; (2) that he had the privilege to refuse to answer if the disclosure would tend to incriminate him; but (3) that if he refused to answer he would be subject to removal from office” (Garrity v. State of New Jersey, 385 U.S., 493, 494 (1967)). The Supreme Court held that the threat of removal from public office under the forfeiture-of-office statute in order to induce public officials to waive their privilege against self-incrimination rendered their resulting statements involuntary and, consequently, inadmissible in criminal proceedings. The majority concluded that, “[w]e now hold the protection of the individual under the Fourteenth Amendment against coerced statements prohibits use in subsequent proceedings of statements obtained under threat of removal from office, and that it extends to all, whether they are policemen or other members of our body politic” (Garrity v. State of New Jersey, 385 U.S., 493, 500 (1967)). The Garrity decision, however, does not prohibit police agencies from obtaining statements from police officers under the threat of removal from public office and using those statements in the administrative disciplinary proceedings.
Rule 100.3G of the CPD General Orders, Policies, and Procedures Manual (1993).
KMPG Business Ethics Services, Report On Complaint And Use-Of-Force Review Polices And Procedures Of The Charlotte Mecklenburg Police Department 8–9 (1998).
Rule II-10 IV-C.2.d of the STPPD General Order (1989).
Rule 100.3H of the CPD General Orders, Policies, and Procedures Manual (1993). The Police Trial Board is composed of sworn police officers appointed by the Chief (Rule 100.3I of the CPD General Orders, Policies, and Procedures Manual (1993)).
Rule 100.3I of the CMPD General Orders, Policies, and Procedures Manual (1993).
Rule II-9 III-D of the STPPD General Order (1994).
The Chain of Command Board, chaired by the Chief, is composed of the police officer’s chain of command and a peer (Rule II-9 IV-A of the STPPD General Order (1994)). The Assistant Chief’s Board is composed of the members of the chain of command (1997 Internal Affairs Unit Annual Report, p. 8 (1997)).
KPMG Business Ethics Services, Report on Complaint and Use-Of-Force Review Polices and Procedures Of The Charlotte Mecklenburg Police Department 11 (1998).
City Of St. Petersburg, Citizen Review Committee Activity Report 1992–1996 4 (1997).
City Of St. Petersburg, Citizen Review Committee Activity Report 1992–1996 4 (1997).
Charlotte Mecklenburg Police Department, Internal Investigations Lesson Plan 10 (1997).
Rights and permissions
Copyright information
© 2006 Springer
About this chapter
Cite this chapter
(2006). Processing Citizen Complaints. In: Enhancing Police Integrity. Springer, New York, NY. https://doi.org/10.1007/978-0-387-36956-3_9
Download citation
DOI: https://doi.org/10.1007/978-0-387-36956-3_9
Publisher Name: Springer, New York, NY
Print ISBN: 978-0-387-36954-9
Online ISBN: 978-0-387-36956-3
eBook Packages: Humanities, Social Sciences and LawSocial Sciences (R0)