Framework of Law and Policing Practice (From Police - Powers, Procedures and Proprieties, P 85-94, 1986, John Benyon and Colin Bourn, eds. - See NCJ-104641)

• NCJ Number: 104647
• Author(s): D J Smith
• Date Published: 1986
• Length: 10 pages
• Sale Source: Pergamon Press, Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The British Police and Criminal Evidence Act 1984 and law in general cannot modify prevalent police practices, e.g., stop and search procedures, so policing policy must be influenced by factors in addition to the law.

Abstract

Statutory specifications of police powers are intentionally vague, providing police with significant discretion and flexibility. Occupational subculture and other factors influence how discretion is used. The difficulty of enforcing laws against the police is another reason police behavior is not amenable to legislative control. Many citizens do not know the legal parameters for police behavior and so do not lodge complaints nor pursue legal action. Police are most influenced by 'working' rules that are internalized; somewhat influenced by 'inhibitory' rules, which are not internalized but may deter illegal behavior; and barely influenced by 'presentational' rules, which provide a cosmetic appearance to police business conducted as usual. An illustration of the failure of law to change police behavior is the documented police noncompliance with the statutory requirement of 'reasonable suspicion' for a stop and search. Policymakers must find means other than legislation to influence police behavior in accordance with dominant community desires. 14 notes.