NCJ Number
188278
Date Published
2000
Length
17 pages
Annotation
This discussion suggests criteria for evaluating the adequacy of the legislative provisions that constitute the legal framework for establishing and operating a process for handling public complaints against the police and gives examples from jurisdictions in Canada and elsewhere regarding the application of these criteria.
Abstract
The suggested criteria include a statement of principles and objectives, accessibility, fairness and respect for rights, openness and accountability, timeliness, thoroughness, impartiality, and independence. Additional suggested criteria include an appropriate balance between the public interest and the interests of those involved in a complaint, between formal and informal procedures for resolving and disposing of complaints, between remedial and punitive dispositions, and between internal management and external oversight. Further suggested criteria include the provision of appropriate systemic information to police management and governing authorities and effective integration and compatibility with internal disciplinary and grievance processes. This framework does not indicate the relative weight that each criterion should receive when designing good legislation on complaints against the police. This weighting may vary from one jurisdiction to another, based on more general political, social, legal, and cultural traditions. The analysis concludes that this framework represents criteria and goals against which legislation might be assessed and is a beginning on which others may be able to build. Footnotes and 15 references