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Monday, November 8, 2010

A REACTION PAPER ON WHETHER COMMAND AND CONTROL STILL WORK FOR LAW ENFORCEMENT?

Assignment for Week 8


 

In Partial Fulfillment of PhD Public Policy


 

Edmond R Gray


 

Walden University


 


 


 

Police oversight has been a hot topic in local government for quite some time, dating back in the U.S. to the late 1800s (Roth, 2005).  According to Hawkins (2007), communications is vital to modern command and control system of law enforcement; the growth of the Incident Command System (ICS) over the last three decades, and especially in the years after the 9/11 terrorist attack and Katrina, made it increasingly clear that unless the successful use of communications through a well coordinated command and control management structure, the work of law enforcement agencies will be difficult. Furthermore, Walker (2003) stated that, with command and control, police supervisors and internal affairs divisions are able to police the police; but there has been a stream of tactics, which are increasingly leaning toward greater police independence and oversight of commissions, civilian review boards, monitors and auditors.

Besides, Cowper (2000, p. 230, para. 1) stated that people have contended that chains of command are too restraining and too authoritative, especially within its rank structures. In addition, uniform appearances and strict discipline are two factors blamed for creating unyieldingly inflexible frame of mind. Stoke (2009) stated that in recent times, there has been a call for greater independence of police oversight. A similar claim for greater police autonomy was made by Ayling and Grabosky (2006, p. 420). However, in Stoke (2009) although two models of independent police oversights were mentioned, that is, complaint driven investigative model, and audit-like evaluative model which is effective in assessing issues while recommending changes, the study could not say which of the two models will effectively replace the command and control structure which has existed in law enforcement since its existence.

On the other hand, Ayling and Grabosky (2006, p. 420, para.) argued that the new role of the state should be to act as a "steer" rather than to "row". What that means, is that the role of the state should be reduced to those of regulator and meta-regulator (a regulator of regulation). Thus, not only should the state be the agency which designates private individual and local security organizations to assist police with law enforcement duties, and unlike the use of physical force, oppression through command and control, provides citizens with options about the level of their joint cooperation with their local police agency.

The main concern that is giving rise to independent oversight, more so on the issue of police accountability, has to do with the ability of striking a balance between community and police interaction (Kelling, Wasserman, & Williams, 1989, p. 2). Accordingly, the main concern of law enforcement practitioners and auditors is how easily would you likely get law enforcement agencies to share information that leads to greater police accountability, without appearing too friendly with the department, thus losing the support of the community? Law enforcement auditors and practitioners are faced with a need to both be objectively independent and to be perceived as objective and independent by all interested parties (Stokes, 2009).

Mostly, this reaction paper advocates for greater police accountability through command and control. In doing so, mechanisms, such as auditing, peer-control, and rewards, are greater steps to improve individual officer accountability within law enforcement agencies. And as stated by Hawkins (2007), as long as there is likelihood for emergency responders to coordinate their efforts during times of emergencies—successful coordination depends on a centralized communication which is effectively handled by a well regulated command and control structure that seeks to create roles, tasks, and well defined protocols for supervising the complexity of all the agencies responding to the emergency.

References

Ayling, J., & Grabosky, P. (2006). Policing by command: Enhancing law enforcement capacity through coercion. Published by Law & Policy, 28(4), 420-443. Retrieved from http://regnet.anu.edu.au/program/publications/PDFs/2006_Ayling_Grabosky_PBC_LP.pdf

Core Principals for an Effective Police Auditor's Office, Report of the First National Police Auditors Conference, Omaha NB, March 26-27, 2003.  Prepared by Samuel Walker, University of Nebraska at Omaha.  Available at: http://www.unomaha.edu/criminaljustice/PDF/core.pdf

Cowper, T. J. (2000). The myth of the "Military Model" of leadership in law enforcement. Police Quarterly 3(3), 228-246. Retrieved from Sage Publications, Inc. http://www.policefuturists.org/pdf/The_Myth_of_the_Military_Model_ofLeadership_in_Law_Enforcement.pdf

Hawkins, D. (2007). Communications in the incident command system. Published in The National Consortium for Justice Information and Statistics (pp. 1-12), Sacramento, Retrieved from http://www.cops.usdoj.gov/files/RIC/Publications/communicationsics.pdf

Kelling, G. L., Wasserman, R., & Williams, H. (1989). Police accountability and community policing. Published by the National Institute of Justice, 1(7), 1-8. Retrieved from http://www.ncjrs.gov/pdffiles1/nij/114211.pdf

Licari, M. J. (2000). Bureaucratic discretion and regulatory success without enforcement. Politics, Policy, and Organizations, (Pp 276-291). Available at and retrieved from:
http://www.press.umich.edu/pdf/0472113178-ch12.pdf

Quality Assurance, Risk Management and Audit in Canadian Police Services: Current Status and Emerging Trends, the Quality Assurance in Law Enforcement Committee (QALEC) of the Canadian Association of Chiefs of Police (CACP), January 2009.  Available at: https://www.cacp.ca/media/committees/efiles/17/443/QAReportENGLISH_FINAL%5B01.12.2009%5D.pdf 

Roth, M. P. (2005). Crime and punishment: A history of the criminal justice system. Published by Wadsworth, Houston, Texas.

Spolsky, J. (August 8, 2006). The Command and Control Management Method. Joel on Software. Retrieved from http://www.joelonsoftware.com/items/2006/08/08.html.

Stokes, C. (2009). Law enforcement auditing: Policing the police. Published in the Journal of the Association of Local Government Auditors, Austin, Texas. Retrieved from http://www.governmentauditors.org/index.php?option=com_content&view=article&id=453:law-enforcement-auditing-policing-the-police&catid=47:accounts&Itemid=123

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