Police Service and Liability Insurance: Responsible Policing

• NCJ Number: 216851
• Journal: International Journal of Police Science & Management Volume: 8 Issue: 4 Dated: Winter 2006 Pages: 294-315
• Author(s): Noel Otu
• Date Published: 2006
• Length: 22 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United Kingdom

Annotation

This article outlines an argument for the requirement of personal liability insurance for all police officers as a deterrent against brutality.

Abstract

The main argument is that the only way to control police brutality is to require individual police officers to carry personal liability insurance, which will serve as a strong deterrent against brutality. In making this argument, the author draws on rational choice theory to explain police brutality and control theory to explain why the requirement of personal liability insurance will deter police brutality. The argument rests on the assumption that police brutality is an intentional, conscious act rather than an unintentional act born out of occupational stress. The author reviews previous strategies to control police brutality, focusing on police applicant psychological testing and police training, and argues that these strategies have been largely ineffective at controlling police brutality. In making his argument for the use of personal liability insurance as a deterrent against brutality, the author notes that other types of professional workers, such as dentists and physicians, are required to purchase liability insurance. Court cases are reviewed concerning police brutality and the personal liability of civil servants to bolster the argument that Congress should enact a law that effectively shifts the financial liability for brutality from the employer (the government) to the individual employee’s (police officer) liability insurance. The cases illustrate that such a law would be consistent with current case law. The author also calls for police officer salaries to be increased to cover the basic liability insurance premium. Expectations of the proposal are outlined and include a reduction in police brutality, the “weeding out” of abusive officers, and greater protection for society. Notes, references