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1 – 10 of over 15000This article examines the use of emergency intervention for child protection in England by the police and social services to establish when and why powers are used and what…
Abstract
This article examines the use of emergency intervention for child protection in England by the police and social services to establish when and why powers are used and what subsequently happens. It is based on two studies in England between 1998 and 2004: 1) The Police Protection Study (PP), which examined the use of police protection through a survey of 16 (of the 43) police forces in England and Wales and record reading (311 cases) and interviews (57) in eight forces. 2) The Emergency Protection Orders (EPO) study, which examined EPO applications though a national survey of courts, an analysis of cases (86) from six social services departments, and interviews (78) with social workers, lawyers, court staff and magistrates. There are wide variations in the use of emergency powers. The police act independently and in response to social workers' requests. Social workers resort to emergency powers in well‐known, serious cases when parents refuse co‐operation. EPOs are followed by care proceedings.
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This paper seeks to assess the fitness for purpose of state regulation of police powers in England and Wales given the increasing “civilianisation” of policing. Specifically, it…
Abstract
Purpose
This paper seeks to assess the fitness for purpose of state regulation of police powers in England and Wales given the increasing “civilianisation” of policing. Specifically, it seeks to evaluate how well the law regulates the main powers of the Police Community Support Officer (PCSO). The initial phase of public consultation on general police powers was completed in May 2007.
Design/methodology/approach
An analytical approach has been taken to the current statutory provisions to assess their suitability for the PCSO. A social constructivist line has been taken with respect to that role and how the powers impact on its wider perception. The points are illustrated with reference to the developmental path and history of the role. This paper recommends addressing the PCSO “powers question” with a simple solution, which better serves the PCSO in practice: the greater use of the concept of “citizens” arrest'. The primary benefit is that clarity would be added to an ill‐defined role. Comparisons are made with jurisdictions such as The Netherlands and USA to underscore the points made.
Findings
There may be lacuna in the legislative provisions, as they do not appear to cover the actions of a PCSO without a purposive interpretation of the law. A further layer of legislation may be counterproductive.
Practical implications
Legislators are urged to encourage the full utilisation of existing civilian powers before rushing to create further rules on the powers of auxiliaries like PCSOs.
Originality/value
There is considerable literature on the powers of the police. Less evident is commentary on how well the legislative framework actually serves public auxiliaries like the PCSO.
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Benjamin Farr-Wharton, Yvonne Brunetto, Paresh Wankhade, Chiara Saccon and Matthew Xerri
This paper compares the impact of leadership behaviours on the discretionary power, and well-being, and affective commitment of police officers from Italy and the United Kingdom…
Abstract
Purpose
This paper compares the impact of leadership behaviours on the discretionary power, and well-being, and affective commitment of police officers from Italy and the United Kingdom (UK). In contrast to Italy, UK is an example of a core-New Public Management (NPM) country that has implemented reforms, in turn, changing the management and administration of public organizations. Consequently, it is expected that there will be significant differences in the behaviour of police officers. In particular, the paper examines the antecedents and outcomes of police officers' well-being.
Design/methodology/approach
The study involves collecting and analysing survey data using Structural Equation Modelling from 220 Italian and 238 UK police officers.
Findings
There was a significant path from Leadership to Discretionary Power to Employee Well-being to Affective Commitment – at least for the Italian sample. The UK sample does not have a significant link between leadership and discretionary power. Discretionary power was similarly low for both groups as was affective commitment. Authentic leadership and discretionary power explained approximately a third of their well-being, particularly discretionary power. Together, directly and indirectly (mediated by well-being), they explained at least a third of police officers' commitment to their organization. Well-being appears to be the key to ensuring effective police officers.
Research limitations/implications
The limitation of this paper includes the use of cross-sectional data (Podsakoff et al., 2003). However, a common latent factor (CLF) was included, and several items that were explained by common method variance were controlled, as per George and Pandey's recommendations (2017). Additionally, a Harmon's single factor test was applied to the data.
Practical implications
The UK police officers have significantly lower commitment compared with the Italian police officers (non-commitment), and both Italian and UK police officers have less discretionary power and well-being compared with police from the United States of America (USA) police officers and other street-level bureaucrats (SLBs). The findings suggest that the present police leadership behaviours erode rather than supports police officers' discretionary power and well-being, leading to a low organizational commitment. Leadership training will better prepare managers to ensure the well-being of police officers working under conditions of work intensification.
Originality/value
The UK police officers have significantly lower commitment compared with the Italian police officers (non-commitment), and both Italian and UK police officers have less discretionary power and well-being compared with US police officers and other SLBs. The findings show that the police leadership erodes rather than supports police officers' discretionary power and well-being, leading to low organizational commitment. Leadership models that enhance employee well-being rather than efficiency targets must be a priority if police are to be prepared to cope effectively with emergencies and pandemics.
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– The purpose of this paper is to study police powers and accountability from a comparative perspective in both China and Hong Kong.
Abstract
Purpose
The purpose of this paper is to study police powers and accountability from a comparative perspective in both China and Hong Kong.
Design/methodology/approach
This paper compares and contrasts police powers and accountability.
Findings
The implications are many, including different political systems in which China is more authoritarian or paternalistic whereas Hong Kong is more pluralistic; checks and balances mechanisms in Hong Kong are far greater than in China; and the concept of accountability to the public is different in that Hong Kong police are accountable to members of the public but the mainland Chinese police force has a limited and top-down concept of accountability.
Originality/value
An original comparative approach to policing in Hong Kong and China.
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The object of the paper is to analyse the justifications for the modification of police powers in response to terrorist threats, placing this issue in a European context.
Abstract
Purpose
The object of the paper is to analyse the justifications for the modification of police powers in response to terrorist threats, placing this issue in a European context.
Design/methodology/approach
The paper consists of a critical examination of provisions relating to terrorism emanating from the European Union and the Council of Europe (European Convention on Human Rights (ECHR)), and the relevant English law on police powers of stop and search, arrest, and detention.
Findings
Nothing in European law requires the amendments to police powers contained in English law; European law requires respect for human rights, even in dealing with terrorism; a shoot‐to‐kill policy is prohibited by the ECHR; and balance is an unsatisfactory method of resolving conflicts in this area.
Research limitations/implications
The research was limited in its scope to certain areas of police powers, and to certain fundamental European documents. Future research should consider the issue in relation to wider areas.
Originality/value
It challenges the idea of balance between liberty and security, proposing a test based on necessity instead.
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Yvonne Brunetto, Stephen T.T. Teo, Rodney Farr-Wharton, Kate Shacklock and Art Shriberg
The purpose of this paper is to examine whether management supports police officers adequately, or whether police have to rely on their individual attributes, specifically…
Abstract
Purpose
The purpose of this paper is to examine whether management supports police officers adequately, or whether police have to rely on their individual attributes, specifically psychological capital (PsyCap), to cope with red tape and stress. Work outcomes/consequences examined were discretionary power, affective commitment and turnover intentions.
Design/methodology/approach
A cross-sectional design using a survey-based, self-report strategy was used to collect data from 588 police officers from USA, who are most engaged with the public. The data were analysed using AMOS and a structural model to undertake structural equation modelling.
Findings
Two significant paths were identified Path 1: management support to red tape to discretionary power to affective commitment and turnover intentions; and Path 2: supervisor relationships to PsyCap to stress to affective commitment and turnover intentions. Further, management support predicted PsyCap, red tape and police stressors. Red tape increased police stressors and turnover intentions.
Research limitations/implications
The use of self-report surveys is a limitation, causing common methods bias. Using Harmon’s one-factor post hoc test, the authors were able to provide some assurance that common method bias was of no major concern.
Originality/value
As far as is known, this study is the first to examine, for police officers, how PsyCap impacts upon negative factors (stress and red tape) and enhances positive drivers for employees. Examining the impact of an individual attribute – PsyCap – provides an important piece of the organizational puzzle in explaining the commitment and turnover intentions of police officers. By examining the impact of both organizational and individual factors, there is now more knowledge about the antecedents of police outcomes.
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The paper aims to relocate discussions on police stops and police interactions from the Anglophone world to the particularistic context of the post-colonial state of India. The…
Abstract
Purpose
The paper aims to relocate discussions on police stops and police interactions from the Anglophone world to the particularistic context of the post-colonial state of India. The paper further frames the everyday policing practices in a theoretical dialog between questions of legitimacy, accountability and tolerated illegalities. For that purpose, the author contextualizes the discussion in the post-colonial state of India, in the jurisdictions of two police stations (PSs), in the National Capital Territory of Delhi and the State of Kerala.
Design/methodology/approach
The author conducted ethnographic studies in one station each in Kerala and Delhi, India, from February to July 2019 and July 2019 to January 2020, respectively. The study mapped everyday power relations as the relations manifested within the site and jurisdiction of the PSs.
Findings
Through the research, the author found that to fully understand everyday practices of policing, especially police interactions and police stops, one must contextualize the police force within the administrative power-sharing relations, police force's accountability structures, legal procedures and class dynamics, which mark the terrain in which personnel function. In that terrain, the author found that the dialog between particularistic legitimacy, accountability and tolerated illegalities offered an important framework to interpret the everyday policing practices.
Originality/value
Through the paper, the author seeks to expand the analysis of ethnographic descriptions of policing by contextualizing them in the political economy of the state. In doing so, the author aims to provide a framework through which police interactions in post-colonial India could be understood
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There is no comparative research into the Chinese (PSB) police and the Indian police generally and none on police corruption in particular. This paper aims to show what police…
Abstract
Purpose
There is no comparative research into the Chinese (PSB) police and the Indian police generally and none on police corruption in particular. This paper aims to show what police corruption and malpractices look like in China and India and offer up some suggestions as to why wide spread malpractices persists.
Design/methodology/approach
Horses’ mouth qualitative research is supported by primary public and police survey data.
Findings
There are many similarities in corruption “tricks of the trade” in both the countries, as well as in the reasons for its persistence. However, petty police corruption is more pervasive and less subtle in India. But both the forces suffer from politicization of policing, criminalization of politics, culture of tolerance towards substantive justice over procedural justice and master/servant attitude towards the public. In China, the police have administrative powers beyond criminal legislation, and Indian corruption is underscored by the culture of “Jugaad”.
Research limitations/implications
This is largely a qualitative research, so the usual arguments regarding limitations on its generalization applies. However, the insights in this article may provide some understanding of this under-researched topic and may stimulate further research in this field. It may also offer pointers to potential solutions for practitioners and policymakers.
Practical implications
By providing data on what corruption looks like and why it persists, policymakers can use the findings of this study to develop measures to address them. In so doing they would create a police service in India and China that is less prone to corruption and misconduct, thereby increasing public trust in these institutions.
Social implications
Peace and security is a prerequisite condition for economic and social modernization through the rule of law. Reform of the police is a critical success factor in this process. Therefore, by reforming the police, India and China stand a better chance of eradicating poverty and reducing inequality.
Originality/value
There is little in the way of research into the Chinese Police and none into Chinese police corruption. There is also no comparative study of the Chinese and Indian police generally and none on police corruption in particular.
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Since the early 1980s, with the implementation of the policy of economic modernization, China has experienced a significant increase in crime. In order to meet the challenge of…
Abstract
Since the early 1980s, with the implementation of the policy of economic modernization, China has experienced a significant increase in crime. In order to meet the challenge of the rising crime rate under the new social and economic conditions, China has implemented a series of police reforms. Based on the newly promulgated Police Law and other relevant laws and regulations, discusses the organization, functions, powers and accountability issues of the contemporary Chinese police system.
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This article explores the nature and extent of police power to use deadly force within the context of the meaning of the rule of law in a liberal democracy. It is argued that the…
Abstract
This article explores the nature and extent of police power to use deadly force within the context of the meaning of the rule of law in a liberal democracy. It is argued that the rule of law requires the protection of the most fundamental of all human rights ‐ the right to life ‐ and that when the coercive powers of government are exercised arbitrarily and excessively then not only is there a violation of existing legal rules, but the rule of law itself is in jeopardy. The laws governing the use of deadly force by the Guyana Police Force are discussed and incidences of the use of fatal force are evaluated to determine whether Guyana’s Police Force is acting within the meaning of the rule of law. It is concluded that the evidence suggests the continuing failure to comply with the requirements of legality and public accountability under the rule of law.