NCJ Number
45567
Journal
American Journal of Criminal Law Volume: 6 Issue: 1 Dated: (JANUARY 1978) Pages: 25-56
Date Published
1978
Length
32 pages
Annotation
JOB ATTITUDES, LACK OF EMPHASIS IN POLICE TRAINING, POLICE LEADERSHIP, AND CAREER EVALUATION TECHNIQUES ARE CALLED FACTORS AFFECTING DUE PROCESS COMPLIANCE.
Abstract
POLICE SEE THEMSELVES AS 'CRIME FIGHTERS,' NOT AS 'CIVIL LIBERTARIANS', AND POLICE TRAINING, JOB EVALUATIONS, AND LEADERSHIP ALL REINFORCE THE CONCEPT. A SEARCH OF THE LITERATURE FINDS THAT MANY CASES ARE DISMISSED FROM COURT BECAUSE OF CIVIL LIBERTIES INFRACTIONS. ANOTHER LITERATURE SEARCH ON POLICE ATTITUDES AND POLICE ACADEMY TRAINING FINDS THAT POLICE OFFICERS USUALLY SEE THEMSELVES AS PROTECTORS OF SOCIETY AND VIEW CRIMINALS AS THE 'ENEMY.' THIS ATTITUDE MAKES IT DIFFICULT FOR THE AVERAGE POLICE OFFICER TO UNDERSTAND THE IMPORTANCE OF ASSURING THE 'ENEMY' PROCEDURAL DUE PROCESS AS A HUMAN BEING. THE SEAMY SIDE OF LIFE OFTEN ENCOUNTERED IN POLICE WORK REINFORCES THIS ATTITUDE. JOB EVALUATION MEASURES SUCH AS CASES CLEARED OR ARRESTS MADE FURTHER REINFORCE LACK OF CONCERN WITH INDIVIDUAL RIGHTS. THE EXCLUSIONARY RULE HAS NOT BEEN EFFECTIVE BECAUSE IT CAN BE INVOKED ONLY BY ONE WHO IS ACCUSED OF CRIME. INNOCENT VICTIMS OF UNWARRANTED SEARCHES HAVE NO REDRESS. ALSO, THE EXCLUSIONARY RULE HAS CREATED ADVERSE IMPACT BECAUSE THE PERSON FOUND WITH EVIDENCE OF CRIME THROUGH AN UNAUTHORIZED SEARCH IS SET FREE, THUS REDUCING RESPECT FOR THE CRIMINAL JUSTICE SYSTEM. THE RULE HAS ALSO LED TO FALSE TESTIMONY AS POLICE SEEK TO JUSTIFY THE SEARCH. INJUNCTIVE RELIEF HAS NOT PROVED EFFECTIVE BECAUSE OFTEN THE POOR DO NOT KNOW HOW TO USE INJUNCTIVE RELIEF, JUDGMENTS AGAINST INDIVIDUAL OFFICERS GO UNSATISFIED BECAUSE THE OFFICER CANNOT PAY, AND MANY COURTS HOLD THAT A MUNICIPALITY CANNOT BE SUED. IT IS SUGGESTED THAT CHANGES IN POLICE PRACTICE MUST BE MADE SO THE OFFICER WILL PERCEIVE HIS JOB AS EMBRACING BOTH CRIME CONTROL AND DUE PROCESS RESPONSIBILITIES. AS A CHANGE IN ATTITUDE OCCURS BECAUSE OF TRAINING AND JOB EVALUATION PROCEDURES WHICH TAKE INTO ACCOUNT DUE PROCESS FACTORS, THE TIME AND MONEY NOW EXPENDED ON DEFENDING THE EXCLUSIONARY RULE AND HANDLING CITIZENS' SUITS CAN BE SPENT ON OTHER PARTS OF THE CRIMINAL JUSTICE SYSTEM. GREATER CITIZEN RESPECT MIGHT ALSO HELP INCREASE RESPECT FOR THE LAW AND MAKE CRIME CONTROL EASIER. AN APPENDIX COMPARES 'DUE PROCESS' COURSE HOURS WITH 'CRIME CONTROL' COURSE HOURS IN 15 POLICE ACADEMIES. (GLR)