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Taking Police Culture Seriously: Police Discretion and the Limits of Law

NCJ Number
129281
Journal
Policing and Society Volume: 1 Issue: 2 Dated: (1990) Pages: 91-114
Author(s)
A Goldsmith
Date Published
1990
Length
24 pages
Annotation
An analysis of police culture as concerned with police work forms is the basis for a discussion of existing attempts at legal regulation of police behavior.
Abstract
The discussion draws upon recent developments in organizational theory and administrative law and suggests ways to overcome the limits of traditional legal regulation of police conduct. "Police culture," which tends to be seen negatively, as a contrary and perverse influence upon the "proper" exercise of police discretion, is perceived correctly as sometimes subversive of the ideals and demands of legality. Yet, most modern societies essentially are dependent upon rule-based forms of police accountability. Police culture needs to be approached more positively as a potential resource in the formulation of rules governing police powers and practices. This requires that police administrators and police officers participate in negotiated rulemaking, a process similar to collective bargaining, in which police culture perspectives are drawn upon in formulating rules regulating aspects of police practice. 51 references (Author abstract modified)

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