Download Policing styles and more Exams Law in PDF only on Docsity!
Policing styles
Opsomming Hierdie artikel fokus op die rol van die polisie in die samelewing en die verskillende poli- sieringstyle wat aangewend kan word om hierdie rolvervulling ten uitvoer te bring. Die klem val in die artikel nie net op die aanvaarde en algemeen bekende polisieringstyle, naam- lik die waker-, regswettige- en diensstyl, nie, maar alternatiewe style soos die militere, die professionele, afdwingende, weldoener- en ontduikende sty I word ook bespreek en met die eersgenoemde groep style vergelyk.
T
he police role is one of those social roles about which there is widespread uncertainty, particu- larly because, more than any other role, it consists of a service from and to society. It can never be performed in isolation, for it involves constant interaction with society. It is in this area of expectations and obliga- tions that uncertainties arise in both the role-assigner (the public) and the role-fulfiller (the police) concern- ing the true content of the role (Van Heerden 1986: 40-41). The content of the police role is determined by the goal of policing. The general goal is the maintenance of social order in a manner compatible with the constitutional rights of every individual (Van Heerden 1986:42). The tendency to divide the role played by the police into functional categories often has the effect of emphasising the importance of some facets so strongly that others are eliminated altogether. The role may for example be divided into order mainte- nance, law enforcement, crime prevention and social services (Radelet in Van Heerden 1986:43). Wilson
C W Marais MA, DLitt et Phil (Unisa)
Department of Criminology University of South AfJ:ica
(in Van Heerden 1986:43) limits it to order mainte- nance (law execution) and law enforcement. Because of the tendency to divide the aim of polic- ing into two main categories of law enforcement and the keeping of the peace (law execution), police institutions are really two institutions in one (Van Heerden 1986:49). This means that any functional strategy designed to promote the more effective reali- sation of one aim tends to hinder the realisation of the other. The situation also has a decisive influence upon the general nature of the organisational structure, that is it determines whether we have a police force or a police service. A police force is oriented towards the penal and deterrent elements of social control. It applies the laws by arresting and prosecuting crimi- nals and by investigating crimes. A police service is directed towards the protective aspects of social con- trol. Its activities aim at eliminating or minimising latent threats to social order, informally resolving conflicts in human relationships and rendering a vari- ety of services (Van Heerden 1986:49).
Style determinants
It is important to note that the type of style the police adopts is to a large extent dependent on various style determinants. According to Botha (1988:72-73) the following style determinants are of importance in this regard:
Insiitutional policy
The policy the police adopts invariably affect the type of police style. If reactive policing is overemphasised, policemen will tend to favour the legalistic style instead of, for instance, the watchman style or the service style, and vice versa.
Internal occupational milieu The internal environment of the police tends to be bureaucratic in nature, which can reveal certain dys- functions obstructing effective progress towards the primary goal of order maintenance. These dysfunc- tions contribute to personality changes in employees. Personality changes such as trained incompetence and occupational psychosis may result in a lower level of efficiency and a consequent tendency to favour for example the legalistic style of policing.
Factors determining partnership in policing The main concerns in this regard are the factors affecting police-<:ommunity relations. Aspects such as the police image, police and public stereotypes, police brutality, prejudice and impartiality will defi- nitdy affect the policeman's decision as to the kind of police style he will adopt.
Heterogeneity of the public The different population groups have got different expectations as far as the character and nature of modem-day policing is concerned. The most impor- tant variables influencing these expectations are age, level of education, geographic region, nationality, sex, religion, ethnic and cultural values, and socio- economic status. By adopting only one particular style of policing the possibility exists that only certain sectors of the public will be satisfied with the manner in which the police perform their duty. This normally results in dissatis- faction in the rest of the public sector and a consequent degradation of the police image, co-operation and police-<:ommunity relations.
Discretion As far as policing is concerned, discretion consists in the freedom to choose between action and inaction within the limits of one's authority. According to Van Heerden (1986:52) authorised discretion relates main- ly to powers of arrest, the alternatives to arrest and departmental policy. Unauthorised discretion con- flicts with the general rules, but may nevertheless be applicable in particular situations. In this regard the policing style that is adopted is affected by the amount of discretion permitted.
Wilson's policing styles
The military style
This style of policing is based upon Hopkin's war theory and has an obvious affinity with the quasi- military nature of policing and the belief that the police are the first line of defence against the criminal.
Where this theory prevails, the police take the attitude that they are involved in a peace-time war against a common enemy, the criminal, and that they are justi- fied in using any method that might help them to win this war. Criminals are therefore tackled in the streets, sometimes with excessive violence. The predominant view among the police is that crime can be controlled by means of punishment. This style of policing is obnoxious and contrary to the principle of limited authority (Van Heerden 1986: 106).
The watchman style
- In the case of the watchman style, the emphasis falls upon (Van Heerden 1986: 106) the mainte- nance of order rather than law enforcement.
- The operational code allows latitude for discretion- ary action, so that minor offences may be tolerated, overlooked, or even ignored.
- The law is regarded as a means of preserving order and protecting people rather than as a method of regulating behaviour.
- Minor offences are therefore dealt with informally but serious offences are vigorously suppressed.
- Activities centre upon patrol and protective services.
- The administrative process is simplified because the institution is not geared towards proving its efficiency by means of arrest statistics.
The legalistic style
- The legalistic style places more emphasis upon the enforcement of laws than upon the preservation of order.
- The policeman is encouraged to judge all situations from a legal point of view and to act accordingly.
- The law is regarded as the only standard of behav- iour. This means that a great many arrests are made, particularly in cases where the appeal to law comes from the police rather than the public. In cases in which the appeal to law comes from the public, police intervention is formal in character.
- Matters are seldom dealt with informally.
- Efficiency is measured in terms of technical or administrative skills and in terms of arrest statistics.
- Members are encouraged to make more arrests, and preventive patrol is neglected (Van Heerden 1986: 107).
Service style
- In this style, law enforcement and order mainte- nance receive equal consideration.
- This style is really a combination of the watchman and legalistic styles.
ment: it is the 'capacity to integrate coercion into morals' (Muir 1977:51). The position on the passion dimension indicates the officer's ability to justify the morality of the use of force. The officer with an integrated morality of coercion is able to justify the use of force, at least in certain situations, and is comfortable with applying coercion when deemed necessary. The officer with a conflicted morality of coercion is loath to use force and unable to justify the use of coercion, even when it is apparently necessary.
The professional The professional, enjoying a tragic perspective and an integrated morality of coercion, is Muir's model of what a good police officer should be. The professional effectively works within the rule of law, relying heavily on the use of persuasion, but is not afraid to use force when necessary. The professional tries to understand the citizens on his beat, paying close atten- tion to the circumstances of their lives and their efforts to cope with those circumstances (Muir 1977: 15). The professional views himself as a man trying to perform a difficult and complex task. He has a realistic under- standing of the police role in a democratic society and an appropriate limited perception of what a police offi.cer can accomplish. He sees his job as consisting of many parts: law officer, welfare worker, psychia- trist, peace-keeper, executor of the laws, member of a police team, private family man, part of a generation (Muir 1977:19). He is not a crusader, but merely someone helping to provide temporary substitute mea- sures for the moment. Given his realistic conception of his job and his purpose, the professional is a satisfied police officer, happy in his task.
The enforcer The enforcer type combines a cynic's perspective with an integrated morality of coercion. The result is a sort of supercop, an officer who is sometimes too involved in enforcing the law (Muir 1977:26). For the enforcer the world is divided into two camps, the builders and the destroyers, the good guys and bad guys, the innocent and the guilty. The street is a battle-field and the police are warriors in the fight against the barbar- ians or bad guys. The enforcer lacks empathy and understanding of his fellow man. He looks for blame and does not consider mitigating circumstances. He is quick to use force and values his nasty reputation. The enforcer, however, has a narrow view of his task: he does not wish to spend time doing anything other than catching criminals. Explaining police services, talk- ing to victimised families, and writing reports are defined as outside the scope of real police work. Because the enforcer sees the eradication of the crimi- nal element as his only legitimate task, yet, has to
perform other tasks, the enforcer is a frustrated police- man (Muir 1977:25).
The reciprocator The reciprocator has a tragic perspective and a con- flicted morality of coercion. This type of policeman is uncomfortable with force, and hesitant to use force or the threat of force to carry out his duties, but he is eager to help, understand and serve. He is not overly concerned with fighting crime: his orientation is to- ward helping people, calling an ambulance, telling about services, finding shelter for a drunk, etc. His standard of success is his client's happiness. He is truly in service of the people, helping the citizen fight the corrupting influences of society (Muir 1977:28- 31). He operates as if the best in the citizen will ultimately surface, but because he is often wrong in this judgement, the reciprocator is often disappointed in his role.
The avoider The avoider type can best be described as a misfit in the police role. He has a disinclination to hurt, result- ing from a conflicted morality of coercion. At the same time, he has a lack of empathy and understand- ing of human motivation and suffering. This officer is both uncomfortable with the tool of his trade (coer- cion) and unappreciative of the people he serves. The avoider is fearful and confused by his task as patrol officer. He defines much of the typical patrol work as outside the scope of this task. The avoiders is com- monly a misfit and not a satisfied police officer (Muir 1977:35).
Empirical synthesis of Wilson and
Muir's policing styles (according to
Hochstedler 1980:303-323)
To empirically compare Wilson and Muir's analysis of police style, an American survey of uniformed officers assigned to field duties was conducted. This decision was based on the irrefutable fact that most citizen interactions with law enforcement authorities takes place with these line officers. The strength or weakness of law enforcement falls primarily, al- though not exclusively, on the shoulders of patrol officers. The departments sampled were selected from units of local government with populations that range from 25 000 to more than 250000. The respondents were asked to identify their indi- vidual styles of policing, and to indicate the policing styles that they thought most nearly described that of their superiors, squads, and departments. Respon- dents were simply classified into two groups: those with policing styles compatible with their supervisor,
squad, and department and those who evidenced con- flicting approaches. Interval measure of anomie, aU thoritarianism, ideology, job satisfaction, perception of supervisor support, perception of departmental dis- cipline, and assessment of departmental managerial style were then tested for association.
Findings
- Compatibility of style between the individuals and their supervisors clearly is the most important as- pect that came out of this survey.
- Job satisfaction, perception of supervisor support, perception of departmental discipline, and assess- ment of managerial orientation, all associate signif- icantly with style. These findings tell us that style compatibility and conflict is a potentially fruitful avenue for inquiry.
- Furthermore, the results suggest that some efforts to deal with police satisfaction and incentives for potential improvements in performance should be concentrated at the line level. Though Wilson em- phasised the critical character of the selection of the police chief - particularly as police relate to the broader political environment - this study suggests that some efforts to improve law enforcement could profitably be concentrated at the lowest levels of the organisation.
- This brings us to another important aspect - police discretion. Amongst the most distinguishing fea- tures are the extensive and generally invisible dis- cretion exercised at the lowest levels of the organi- sation plus the concept of the police as both street- corner bureaucrats and politicians. Wilson and Muir's studies, and the particular significance of style compatibility and conflict at the lowest level of the organisation, tell us that his street-level focus carries considerable consequences for the analysis of approaches to law enforcement policy and for the design of reform schemes for its improvement.
Bibliography
- Practically, these preliminary results carry some immediate policy implications. The significance of stylistic compatibility or conflict only surfaces at the lowest level of the police organisation. While it would be naive to conclude that departmental poli- cies and management style are irrelevant for patrol officers, it appears that collective this style may be more symbolic than substantive functions. Or it may be that collective approaches serve the politi- cal purposes of departmental administrators and rarely alter the practical and low-level application of police power.
- Efforts to substantially alter patrol officer job satis- faction and negative perceptions of the extensive- ness of supervisor support, plus the fairness of departmental style, might well be focused at the lowest level of the department. This injunction is an important consideration for organisational and managerial reform efforts.
Summary
It is clear that the role-fulfiller's expectations and perspectives of the purpose of policing are influenced by his own background and characteristic convictions, by departmental policy, supervisory practices, depart- mental procedures, and departmental decisions on both moral and legal points. The steady increase in <:rime and the shortage of suitable and competent manpower combine to cause a shifting of functional activities, which in turn results in a departmental ideology that emphasises law enforcement at the ex- pense of law execution. When the institution does not provide clear guidelines, the role-fulfiller becomes confused, and his actions might then seem discrimina- tory and irregular. It is the institution that determines, through the formal structural control process, the degree to which any of these styles should be incorpo- rated into the actual performance of police services.
Botha, C ] 1988. Polisieringstyle: 'n beskrywende analise. Acta Criminologica. 1(1):67-73. Hochstedler, E 1980. Police types: an empirical test of a typology of individual officers. PhD dissertation. Albany: New York State University. Muir, W K 1977. Police - streetcorner politicians. Chicago: University of Chicago Press. Van Heerden, T] 1986. Introduction to police science. Pretoria: University of South Africa.
