NCJ Number
193795
Date Published
2001
Length
13 pages
Annotation
This paper considers the various factors that must be taken into account when a police agency becomes involved in investigating the conduct of a sworn employee.
Abstract
"Internal affairs" as used in this paper involves administrative investigations conducted for administrative purposes to develop evidence that can be used to determine whether allegations of officer misconduct are founded. Depending on the nature of the misconduct, those in administrative positions in the agency will dispense appropriate consequences, sanctions, or discipline. The paper first presents a fictional story to illustrate the complexity and pitfalls of an internal administrative investigation and why such an investigation differs from a criminal probe. Next, the development of laws and procedures that guide an internal affairs investigation are discussed. A discussion of relevant law includes a review of U.S. Supreme Court decisions that bear upon the rights of employees who are the subjects of administrative investigations that can have consequences for their employment status or for subsequent criminal proceedings. Attention is also given to the parameters of employer-employee labor contracts that bear upon the rights of employees under investigation. The paper includes a copy of the Police Officer Bill of Rights, which is increasingly being included in many police labor contracts to guide procedures for internal affairs investigations. Departmental policy is also addressed, as it determines procedures for internal affairs investigations. In the concluding sections, procedures of an internal affairs investigation and the future trends in police administration are discussed, culminating in the prediction of future trends in internal affairs investigations. 9 notes