The Police Service and Liability Insurance: Responsible Policing
| Date | 01 December 2006 |
| DOI | 10.1350/ijps.2006.8.4.294 |
| Author | Noel Otu |
| Published date | 01 December 2006 |
| Subject Matter | Article |
The police service and liability insurance:
Responsible policing
Noel Otu
University of Texas at Brownsville, Department of Criminal Justice, 80 Fort Brown Street,
Brownsville, TX 78520. Tel: 956-882-8995; email: noel.otu@utb.edu
Received 4 August 2004; revised and accepted 20 December 2005.
Keywords: police brutality; liability insurance; police use of force; human
rights
Noel Otu is an Assistant Professor in the Depart-
the kind of police it chooses to have, whether it be
ment of Criminal Justice at The University of
by deliberation, power struggle, or total neglect,
Texas at Brownsville. He has experience in both
the fact is police brutality is an issue of great
law enforcement and correction. His research
concern to individual officers, police adminis-
interests combine academic, professional and
trators, and more importantly, the victims (soci-
life experiences in the study of culture and
ety). This paper focuses on the deterrence effect of
punishment, and law enforcement. He has
requiring police officers to purchase individual
worked extensively with at-risk juveniles, enab-
occupational liability insurance, on a fundamental
ling them to master a variety of computer skills
belief of deterrence philosophy and documented
and techniques which will keep them away from
examples that a high rate of police brutality stems
criminal activities.
in large part from lack of monetary liability/
accountability on the part of the individual police
officer. Police brutality occurs in part because some
ABSTRACT
(both normal and emotionally disturbed) officers
The United States Constitution, as well as
have opportunities to commit this unlawful
national values, centre on individual (human)
behaviour, and in part, because they are not
rights. Conservatives, liberals, and independents
deterred from committing it, and because the
agree that police officers must at times resort to
judiciary chose to ‘water down’ the doctrine of
physical force if they are to carry out fully their
sovereign immunity. It’s time to require all police
official responsibilities. As well, there is no ques-
officers to have personal liability insurance. This
tion the lawful use of force by police officers
calls for Congressional action. Without solid
frequently escalates to unlawful behaviour (police
reform, police brutality will have no incentive to
brutality), and that this must be controlled.
do anything other than continue to worsen.
Despite this shared attitude, however, public
opinion and government policy diverge in their
approach to deterring police brutality. Most recent
INTRODUCTION
official and unofficial policies are based on the
Police officers are law-abiding citizens who
plausibility of prevention through creation of
happen to wear a uniform to enforce the
civilian review boards, recruitment tests, counsel-
law. In the past 20 or 30 years, police
International Journal of Police
ling, and training and retraining of officers. None
professionalism has come to be defined
Science and Management,
Vol. 8 No. 4, 2006, pp. 294–315.
of these measures seems to work well in reducing
through changes in police organisation,
© Vathek Publishing,
1461–3557
police brutality, although society is answerable to
administration and technology; changes that
Page 294
Otu
promised to improve the efficiency of the
nationally and internationally to all depart-
police service in the deterrence and appre-
ments. ‘If no-one can even define police
hension of criminals (Douthit, 1975) But,
brutality, empirical research that accurately
the human element of police profession-
measures it or its reduction is, by default,
alism has not always kept pace (Albanese,
also non-existent’ (Klockars, 1996).
1999). Police officials measured progress
toward professionalism in terms of expan-
sion of services, development of scientific
TOWARDS A DEFINITION OF POLICE
methods of criminal investigation and
BRUTALITY
identification, training, communications,
‘Police abuse remains one of the most seri-
transportation, records, selection, executive
ous and divisive human rights violations in
tenure, and organisational growth
the United States’ (Human Rights Watch,
(Douthit). These measures (training and
1998a). The excessive use of force by police
assessment) do not seem to be good pre-
officers, including unjustified shootings,
dictors of successful job performance, espe-
severe beatings, fatal choking and rough
cially in relation to the use of force (police
treatment, persists because it is possible for
brutality). The public, as well as the police,
officers who commit human rights viola-
understand that in some situations, force is
tion to escape due punishment and even go
not only necessary and unavoidable, but is
on to repeat their offences (Human Rights
required, if serious injury, death or destruc-
Watch). When discussing the definition of
tion of property is to be avoided (Roberg &
police brutality it is important to identify
Kuykendall, 1997). However, police officers
whether we are speaking from a public or
must learn to use force lawfully. The idea
police point of view. Since each group has a
and ability of ‘managing force’ by police
different view on what police brutality is, it
officers is directly related to establishing
is important to examine both views and
responsibility and accountability to encour-
discuss them in light of its control.
age the use of reasonable force (Berg,
Reiss (1968a, 59–60) states that the def-
1999). It will be argued herein that an
inition of police brutality from a citizen’s
accountability mechanism should be put
perspective is really a judgment call. When
into place requiring all police officers to
an individual feels that he or she is not
acquire liability insurance. Currently, some
being treated with full constitutional rights
officers do carry the insurance by choice,
that should be accorded citizens in a demo-
but it should nonetheless be mandatory.
cratic society, then brutality sets in. Reiss
Another important issue is the definition
went on to explain that citizens believe that
of police brutality, for which there is no
any practice that degrades their status,
consensus either with the police organisa-
restricts their freedom, annoys or harasses
tions, communities, or the officers them-
them, or that uses physical force is police
selves. The definitional problem is central to
brutality. More often than not, they are
any suggestions and/or remedial strategies
probably right: ‘members of minority
that might be offered by behavioural scient-
groups and those seen as nonconformists,
ists. This article seeks to connect theory
for whatever reasons are the most likely
with police brutality and its control. No
targets of status degradation’.(Reiss, 60).
one knows the baseline level of force
Similarly, Hacker (1991, 189) notes that:
required to secure compliance from every
‘most African Americans can recall encoun-
unwilling subject in all jurisdictions. Hence,
ters (with the police) where they were
it is difficult to provide a suitable opera-
treated with discourtesy, hostility or worse
tional definition that could be applied
. . .’. Also, the Human Rights Watch report
Page 295
The police service and liability insurance
(1998a) confirms, from an organisational
1. Situations in which emotions of both
point of view, that race plays a central role
the police and the participants are
in police brutality. Although there have
high, such as riot or mass demonstra-
been gains in many areas since the civil
tions. Tempers flare on both sides, and
rights movement of the 1950s and 1960s,
the police often are difficult to con-
one area that has been stubbornly resistant
trol. Direct orders by supervisors are
to change has been the treatment afforded
often disregarded at these times, and
to minorities by police. The International
police discipline collapses.
Association of Chiefs of Police (IACP,
2. Situations in which a police group or
2001, 1) defines excessive use of force as
organisation systematically, and in
‘the application of an amount and/or fre-
regular pattern, inflicts excessive
quency of force greater than that required
force, or brutality on citizens. This is
to compel compliance from a (willing or
most common in areas where there is
unwilling) subject’.
racial hostility between the police and
According to some police officers there
citizens.
are times when brutality is necessary, or at
3. Situations in which the police, during
least to be expected and overlooked. While
their day-to-day activities, use force
some officers state this position openly,
beyond that which is necessary to
control the situation, or make an
others are of the opinion that, ‘If you’re
arrest. The enormous range of the
going to have to pick up society’s garbage,
legitimate authority of the police to
you must be stubborn a little bit’ (N.
use force is at the heart of the prob-
Etokeren, personal communication, June
lem of defining and controlling
20, 2004). Also, most police officers admit
brutality (Klockars, 1996). Providing
that at some time in their career they lost
a precise calculus for determining
control of a situation and used excessive
what is police brutality and what is
force or more force than was necessary,
not is at best difficult (Payne, 2002,
either to control a situation or make an
17)
arrest (Berg, 1999, 266). It is necessary to
note that since the baseline level of force
An overview...
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