Chapter 14 Accountability CJFS 4870 SPRING 2016

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Learning Objectives Understand the importance of accountability. Distinguish between internal and external accountability. Understand procedures for ensuring accountability internally, including internal affairs and codes of ethics. Develop procedures for ensuring accountability externally, including civilian review, citizen complaints, state tort and Section 1983 civil liability, accreditation, and criminal liability and the exclusionary rule.

Accountability The requirement the subordinates be able to provide satisfactory reasons for significant deviations from organizational goals and expectations Essential when: Mistakes and misconduct occur Performance falls below expectations Outcomes differ from expectations

Two Sources of Accountability Within the police department Internal affairs Codes of ethics Outside the police department Civilian review Citizen complaints Civil liability

Promoting Accountability from the Inside Internal Affairs Codes of Ethics

Internal Affairs Specialized staff unit for policing the police Some purposes of internal investigations: Investigate complaints of police misconduct Investigate police use of deadly force Evaluate policies related to police ethics and behavior Trial board: responsible for rendering judgment after hearing a case presented by internal affairs

A Police Officer Bill of Rights Ban on the use of polygraphs and alcohol detection devices Defined hours when an interrogation of a suspected officer may be conducted by an investigator Advance notice to an officer who is being investigated, which includes the accusation and the name and address of any complainant Accusation and trial procedures that ensure an officer’s right to counsel, cross-examination of accusers and witnesses, and established penalties Right of an accused officer to pick some members of any review panel or trial board which will sit in judgment of the officer upon completion of the investigation

Codes of Ethics Consist of several standard elements: Legality (enforcing and upholding the law) Service (protecting and serving the public) Honesty and integrity (telling the truth, being honest in action) Loyalty (to other police officers) The Golden Rule (treating people with respect) Can be traced to the movement to professionalize policing. Provides model for officer’s behavior in private life and use of force, etc.

Promoting Accountability from the Outside Civilian review Citizen complaints Civil liability

Types of External Review Three models: Civilian Review Model Civilian body investigates, adjudicates, and recommends punishment Civilian Input Model Vests the receipt and investigation of complaints in the hands of civilians All other functions remain the responsibility of the police departments Civilian Monitor Complaints are received by the police department and the process, from the beginning to end, is monitored by an external unit

Civilian Review Represents an important step in promoting accountability Civilian involvement in the complaint process produces: More objective and thorough investigations A higher rate of sustained complaints and more disciplinary actions against guilty officers Greater deterrence of police misconduct Higher levels of satisfaction on the part of both individual complaints and the general public Effectiveness is unclear; most civilian review mechanisms only provide for disciplinary recommendations

Citizen Complaints Serve as an indicator to supervisors of how well their subordinates behave on the street May be used to improve performance, enhance image, and strengthen relationships with citizens Warn supervisors when problems are brewing It is difficult to have a complaint resolved in favor of the person filing the complaint.

Civil Liability Effects of being sued for misconduct: Drives up insurance premiums Tarnishes department’s image and negatively affect morale Instills fear and paranoia in frontline police officers Administrators can be held liable Section 1983 Allows plaintiffs to sue state officials in federal court for violations of federally protected rights Tort liability A civil wrong for which a person can recover damages A plaintiff must show that the officer owed the plaintiff a legal duty, that the officer breached that duty, and that actual damage or injury resulted Intentional torts Negligence torts

Accreditation Standards Written directives Management decision making Preparedness Relationships with the community Accountability Liability and risk exposure Professional excellence

Phases of Accreditation Application Self-assessment On-site assessment Commission review and decision Maintaining compliance and reaccreditation

Other Accountability Measures Exclusionary Rule Evidence obtained in violation of the Constitution cannot be admitted in a criminal trial to prove guilt “Fruit of the poisonous tree” doctrine Criminal prosecution Statutes act as supplements to state criminal remedies Police officer can also be convicted on criminal charges at the state level