Policing in the US

With 17,985 law-enforcement agencies at its disposal as well as the presence of diverse communities, the US government is aiming to redefine its policing priorities. To synchronise policing with the challenges of the 21^st century, on December 18, 2014, President Barack Obama constituted an 11-member task force to explore this issue. The task force was similar to President Johnson’s 1967 commission entrusted to study the American criminal justice system.

The task force was constituted in the backdrop of the recent friction between communities and the police in different states. It was mandated to submit a report within 90 days and consisted of police chiefs, academics and civil society activists. To elicit public opinion, seven public listening sessions were held across the country. Having such sessions can ensure the institution of effective reforms as these are outcomes of a collaborative process, instead of an isolated initiative. Incorporation of leading academics when deliberating on reforms signifies that measures introduced without research, evaporate fast. This is something that has happened in Pakistan, with the lack of input from academia always being the missing link when it comes to police reforms.

The report of the task force covers the areas of building trust and legitimacy, policy and oversight, technology, social media, community policing and crime reduction, training, education and safety. While referring to building trust and legitimacy, it was agreed that police personnel should not act like warriors, but as “guardians”. Building public trust requires the drafting and execution of clear policies. In Pakistan’s case, in the absence of clear operational policies regarding the use of force and a lack of capacity to deal with law and order situations, the only outcome is the police embarrassing itself. The American task force pertinently observed that often due to the use of harsh language, a minor local issue can become a national one. In our context, the recent Daska incident is a prime example.

The task force rightly emphasised the importance of periodic review of policies and procedures, as well as non-punitive peer reviews of critical incidents. Such reviews can improve the police’s image and standards of human rights it observes.

Policing without ensuring public safety is detrimental to fundamental human rights. Without engagements of communities and the spirit of volunteerism, effective policing will remain a distant goal. Susan Rohr, a member of the task force, aptly described the ideal role of a police officer. She made a distinction between a police officer and a soldier, stating, “A police officer must make independent decisions. Soldiers come into communities as outsiders and an occupying force.”

Police organisations often confront problems resulting out of a conflict between policies and organisational culture. Even if the policies are ideal, an organisational culture based on a military-style chain of command will not be able to protect the public interest. Outdated procedures and technology, and rigid operational norms badly erode public confidence. For effective community policing, trust-building endeavours are necessary. There is a need to initiate more police interaction with communities. Engagement with community members is an innovative idea the American task force emphasised. It has suggested that law-enforcement agencies involve communities in the process of drafting policies and procedures for their acts to gain legitimacy from the public. This will empower communities, and instill in them responsibility and a spirit of volunteerism.

The second part of the task force report relates to policy and oversight. To monitor the use of force, data collection is important. While the report admits that the use of force is one of the essentials of policing, however, it advocates the building of partnerships as a foremost priority. In addition, it states that policies must be clear and available for public scrutiny. In case of violations of policies, there should be independent oversight. In serious situations, a “serious incidents review board” — consisting of police officers and community members — should objectively review the incidents.

To assess the impact of the use of force and effectiveness of public oversight, it has been suggested that universities partner with the police. The report also signifies the importance the American president attaches to the quality of policing and standards of human rights police forces maintain. However, standardising the activities of 17,985 law-enforcement agencies, with 1,133,915 employees, seems like a gigantic task.

Coming to the aspect of technology, the report recognises that increasing public accessibility, transparency, public education and accountability are important and that technology may multiply the impact of quality policing. The report acknowledged the positive impact of body-warn cameras. Its usage has reduced the use of force by officers, as well as complaints against them. The report suggests that when officers are aware that they are being monitored, it results in responsible behaviour towards the public. The use of social media enhances community engagements and facilitates the police to gauge public sentiment. The one area the report misses out on here is that of the issue of privacy when making use of technology, which is only visited in a cursory manner. Without defined policies regarding the use of social media, there will only be limited dividends from its usage.

Another aspect the report touches on is community policing and crime reduction. Community policing is not just about interaction with the community. It is also a way to enhance capacity and engagements of the community. While practicing the philosophy of community policing, officers “enforce law with the people, not just on the people”. This aspect of policing is primarily carried out through informal social control. To strengthen the presence of police within the community, the ‘beat system’ is especially important. In order to strengthen the police’s equation with community, the approach used needs to be a reformative one instead of punitive.

The report has also tried to identify the need to establish links between schools and prisons. There is a dire need to explore the reasons why youths become victims of bad influence, and instead of attending school, land in jails. In our context, this question is of special significance as we need to explore why our younger generation opts for the path of extremism and destruction.

The report also recommends that when hiring officers, police organisations should consider their educational credentials and socialisation skills. What is also important is the physical and psychological health of officers. To standardise training, it is suggested that the federal government should knit partnerships with 650 training academies across the country. Without bringing changes in training, positive changes in policing cannot be introduced.

The report of the American task force is primarily public-centric and intends to infuse the ideals of democratic policing, which is not possible without increased public participation, public trust, increased financing, political ownership, adaptability, innovation, technology and a well-functioning public safety apparatus. Diversity is both the beauty and strength of the US and it can be protected through quality policing. This is something that the authorities and the police forces in Pakistan also need to realise.

Published in The Express Tribune, August 14^th,  2015.

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