Criticisms of Police Powers

 

Criticisms of Police Powers

 

 

Cases that illustrate criticisms within the Police and Criminal Evidence act are R v Grant 2005 and R v Samuel 1988.

In R v Grant 2005:

There had been a deliberate interference by the Police with the detained suspect’s right to confidence of privileged communication with a solicitor. The Court of Appeal held that the court would not tolerate illegal conduct by the police. This was such a serious abuse of process that it justified his conviction for murder being quashed. Essentially showing that there is some problem within the Police and Criminal Evidence Act, a breach of the defendants’ rights could have led to valid information being spilled to protect his defence causing an unjustified conviction, which was the reason for the quashed sentence.

In R v Samuel 1988:

The defendants was a 24 year old man, whose mother had already been informed about her son’s arrest some hours before he was refused access to a Solicitor. The Court of Appeal said if anyone was likely to be altered it would have happened and that there was no room to deny Samuel his ‘fundamental freedom’. As his final interview had taken place after his Solicitor had been refused access, the evidence was inadmissible in court. Samuel’s conviction for robbery was quashed. The Court of Appeal stressed that a delay to the right to legal advice would only be justified on rare occasions, and that it must be based on specific aspects of the case, not a general assumption that access to a Solicitor might lead to the altering of accomplices.

The right to inform someone of the detention in Section 56 of the Police and Criminal Evidence Act Code of Practice being C is a fundamental provision. The person arrested has a one relative or another person is informed of his arrest and whereabouts. This right may be delayed in certain circumstances. If this right is delayed without reasonable grounds then the consequences may lead to the convictions being quashed as there is no statutory definition of ‘Reasonable grounds’ and if abused then could lead to false accusations or invalid information or evidence being used.

The right to rest, food and exercise, code of practice C. This must provide that there must be reasonable provision at the Police Station for the suspect to be given rest, food and exercise. Code C provides that the suspect must be held in a clean, ventilated adequately lit and heated cell. The suspect must be offered food within the detention period. The suspect should also be offered brief outdoor exercise if this is reasonable. Further, if the suspect is injured or suffering from any medical condition then the Custody Officer must make arrangements for the suspect to see a doctor as soon as reasonably possible. This could lead to criticism as this could potentially lead to probation of essential information to convict a suspect. The waiting period and the stress of the medical condition and being sent to the hospital might mean that the suspect has time to prepare a defense and lead to an unjustified sentence.

It is unhelpful and unrealistic to demand ‘perfect police’. We should, however, aim to achieve ‘good enough’ policing, by which we mean that police services should strive to work fairly and effectively while respecting human rights.

 

Some criticisms are clear with the abuse of police power, such as a group of youths dressed up in all black clothing may be arrested because the power of the police can allow them to ‘reasonably’ suspect them of committing a crime or damages. This could be seen as a criticism as the power the police have can easily be abused and because there is no statutory definition of what ‘Reasonable’ is then it essentially means that the conditions can be tailored or changed to fit specific police intentions. This therefore could lead to an unjustified conviction or arrest when in the Police Station. For example a local youth occasionally dresses in black around a retirement home. The Police officer on duty, one of his family members is in the retirement home and there are constant complaints that he is trouble however there is no evidence against him. Does this mean that the police officer can arrest him because his family member lives in the retirement home? No, this is an example of how Police can abuse Police Powers.

With time limits in police powers can essentially mean with permission from the magistrate’s court they can be kept up to 96 hours if his/her realise would affect the evidence or likelihood of their conviction. This essentially means that with an excuse worthy of belief, a suspect’s detention can be prolonged. What is the statutory definition for reasons why a detention can be prolonged and what evidence do the police have to provide to prolong release? Someone with power such as a Lieutenant in the police force will most likely not be questioned on the evidence against the reasons why to prolong release. This could lead to unjustified detention; this could lead to emotional damage for the suspect’s family as they have not been released for a possible non conviction. Family’s will be stressed, depressed and distort when waiting to find out whether the suspect/family member has been convicted. This would lead to an unreasonable reason to prolong release, however there are no reasons to not prolong release even if there is family or children involved making the police powers seem negative and often abused when there is no major, evidence threatening reason to be kept in for longer.

The Guardian has documented 56 cases involving police officers and staff who have been found to have abused their position to inappropriately target, assault or harass vulnerable individuals or have been investigated for such offences.

The cases below involve 48 police officers, five police community support officers, one special constable, one civilian police officer and one member of police staff. The cases took place across the country over the last four years from 2008 to 2012.

Here are some examples –

Nottinghamshire Trevor Gray aged 47 on May 2012 was jailed for eight years for rape while off duty.

Nottinghamshire Russell Dew aged 44 in 2011 was jailed for six years for committing sex offences against a 13 year old schoolgirl. He admitted five counts of sexual activity with a child.

Nottinghamshire PC Darren Lawson aged 44 in 2010 Jailed for six years for indecently assaulting children he pleaded guilty to 12 charges of indecent assault against three children under the age of 16, at Derby Crown Court in May. A further seven charges will lie on file.

Thames Valley Mohammed Younas aged 43 in 2012 was Jailed for 18 years for sex abuse. Younas had denied the 15 counts of rape and sexual assault against him but was found guilty by a jury.

Thames Valley PC Phillip Strolin aged 50 in 2011 was jailed for eight months for one count of possession of 6,893 indecent photographs of children. He admitted 12 counts of making indecent images.

Suffolk Special constable Andrew Barber aged 26 in 2012 Jailed for eight years for rape and two counts of sexual activity with a child.

This could be criticisms to the police force as they are meant to protect and serve society. However cause corruption from within the definition of their roles which is supposed to be protection for vulnerable people whether a child or not, however when arresting someone a police officer could rape while the handcuffs are on. This would lead to a hard case to achieve justice within the court of law because the evidence of a ‘normal’ person would have to explain how a police officer ‘in a position of power’ could possibly cause that crime. If the police officer was high up in power, such as a lieutenant this would make it harder for a jury to believe that someone who has ‘protected’ for numerous years could be capable of such a crime leading to an abuse of their status and powers. 

Society grants members of law enforcement enormous power over citizens to enable the police to keep the peace and to preserve social order. They are granted a great deal of freedom to use their judgment regarding which laws to enforce, when and against whom. This wide range of options and authority can lead to the abuse of their power. Some police officers come to see themselves not as simply enforcers of the law, but as the law itself. Every abuser frequently reminds his victim that it is within his power to deprive her of her physical safety, security, privacy, freedom and life if and when he chooses. Most abusers, however, are not able to enlist the help of the criminal justice system to carry out their threats. Barterers within law enforcement are. Officers tell their victim, "Call the police. Who are they going to believe?" There is great systemic resistance against prosecuting an officer. If a victim decides to file a criminal complaint, she will have to present an extremely compelling story to the police and state's attorney to counter their reluctance to pursue the complaint. She will have to be able to convey that, in addition to common forms of abuse, the abuser exploited his professional status and power to control and to terrorize her. Advocates working with these victims must be knowledgeable not only about the general dynamics of domestic violence but also about police-perpetrated domestic violence tactics and the workings of the criminal justice system. Working with victims of officer-involved domestic violence has made us acutely aware that the standard remedies are often inadequate and may even leave the victim more vulnerable. We need to rethink our strategies on many different levels. Because this issue is so complex, we need to educate ourselves and other community providers before we can hope to adequately serve this special population.

Police Presence

Professional: Officers learn to project a "command presence." They practice and observe eye contact, stance, and non-verbal body language. They are schooled, "If you look good, you feel good. If you look confident, people will perceive you to be confident." Men and women change once they don the uniform and equipment of an officer.

Personal: An officer intimidates his victim by his mere presence in uniform while standing with his hand on his gun; gives her "the look" that he knows everything she does, where, when and with whom; sits in the house dry-firing his weapon or cleaning his multiple weapons before her.

Authoritarian Spill-over

Professional: When an officer gives directions or orders to a person they expect immediate compliance. Failure to comply with an officer's commands can be cause for the issuance of a citation or a physical arrest.

Personal: Some officers cannot separate their career life from their personal life. They "eat, live, die" police work. Their identity is defined by their uniform. Any conflicts in their personal life are seen as a challenge to their dominance, authority, power, or control over the other person and the situation. He views everything in a black and white perspective. It is either wrong or right. There are no grey areas, leaving no room for the victim to voice her opinion or position.

Surveillance

Professional: When the police identify a suspect, they begin surveillance to gain information and to attempt to catch the suspect in criminal behaviour. Once the suspect realizes he is being watched, he will alter his behaviour.

Personal: Allowing the victim to know that she is being monitored is an effective means of control. She will alter her behaviour to avoid disapproval, isolation, or physical punishment. Stalking is a perverted form of surveillance. Stalking her physically, telephonically, or electronically robs the victim of her sense of privacy and control over her life. She alters her behaviour based upon the possibility that he is watching. The abuser gains information about her schedule, activities, associates and movements. He is able to intrude upon he life whenever and wherever he pleases.

Professional: Police officers have access to numerous local, state and national databases containing confidential information, such as the National Crime Information Center, banking, telecommunications and credit bureaus.

Personal: Although officers are only permitted to access these files in official investigations, some officers use the databases for personal reasons: "running a plate for a date" is not uncommon. Previous police reports, orders of protection, even victim-witness security information can be accessed. He may access a victim's financial, phone or employment records. The officer-abuser can use this information in countless ways to harass or harm the victim, her family or her friends.

Interrogation

Professional: Verbal judo tactics ranging from persuasion to intimidation enable officers to manipulate and control the level of interaction with suspects to solicit cooperation and information.

Personal: He can intimidate the victim emotionally and physically, gradually increasing the threat of force. He can treat her as a suspect in her own home, interrogating her and the children about any suspicions he may have concerning finances, infidelity, or friendships.

Deception

Professional: Deception is vital in many policing situations. Police officers pretend to be prostitutes, traffickers, drug dealers, gang members and militants to facilitate the arrest of individuals involved in illegal activity. They hide their true identity and intentions through disguises, changing their physical appearance, style of speech, dress and even their personal associates in order to gain the trust of their targets.

Personal: He enjoys how easy it is for him to manipulate and deceive people. He can lie to the victim and then accuse her of being gullible for believing him. He has learned to be quick on his feet and can lie his way out of anything. Abusive officers also manipulate and abuse the trust of fellow officers, betraying not only their oath but also violating the spirit of the brotherhood.

Continuum of Force

Professional: Law enforcement officers are trained in the use of force continuum: to use only the amount of force necessary to control the situation and the suspect. Although the goal is to bring the resistive person into compliance without injury, most physical techniques will cause pain. The continuum begins with officer presence, verbal direction and soft empty-hand techniques. If resistance continues, the officer may escalate to hard empty-hand techniques, chemical agents and upwards toward lethal force.

Personal: The same techniques used while policing the streets can be used in an abusive officer's home. A continuum of abuse often involves verbal, emotional, psychological, sexual and physical violence. Physical abuse, however, is not always necessary to control the victim. Many abusers maintain control through intimidation and threats, or a reminder of the "last time." She knows what he is physically capable of, his expertise with a variety of techniques and weapons, and the availability of weapons within the home, vehicle, or workplace.

Power within the Criminal Justice System

Professional: Police officers work within the emergency dispatch system, have contacts with social service providers, medical providers, victim advocates, prosecutors, court and corrections personnel — every conceivable member of the criminal justice and social services systems. Officers are trained on how to present themselves not only at the scene of an investigation, but also in the courtroom.

Personal: He has established a working relationship with dispatchers, victim advocates and officers from his agency and other jurisdictions, prosecuting and defence attorneys, judges and corrections personnel. In many cases, they have come to know each other on a first name basis, and rapport has been established. When he and responding officers appear in uniform to testify and swear to tell the truth, they all recount the crime scene and evidence to support the written report. With the assistance of the prosecuting attorney, they recall what was said by witnesses and the complainant at the crime scene, and the emotional states of these people. Photographs, damaged property, injuries, blood stains, food splatters and cowering children and animals will be explained through their testimony.

Conclusion -

I believe that with Police Powers there needs to be some sort of reasoning within the detention and reasonable grounds of arrest as both can easily be abused. Test should be taken to see if any relatives live within the area of a ‘reasonable’ arrest to avoid police abusing their powers without sufficient evidence or reason to do so. As well as this Police will be more focused on sufficient problems within society rather than using their powers to solve family disputes, with neighbours, staff or people in proximity to solve moral beliefs rather than rules and regulations of proper arrests. I also believe that suspects in detention should have reasonable grounds for detention within the context of family; moral beliefs should be taken into account to ensure no family depression and bad reputation for the police force. This would also ensure no family separation unless there is explicit reasons for a prolonged detention, this would avoid the police abusing their powers because of their beliefs of release effecting evidence but think more of the family and increase good reputation of the police force without this the police will continue to abuse these powers and reputation for the police will decrease every time these matters occur.

There is a definite abuse of police powers within society and this could possibly not be changed because of the many years that is has been norm of society for police to be more worthy and more powerful than the normal person. This basically means that unless the legal system changes then police will continue to abuse these powers, an as human nature to be powerful is to be respected, meaning that power can cause addiction that would lead to corruption with this abuse and showing that to ere is to be human as in the bible. However precautions could be taken to try and avoid it, but not eliminate it by taking numerous tests and practical situations to see what a person would be like in every situation possible, a test on power should be secretly taken within training to see if a sense of abuse would be taken with the person who believes that they have power over another police trainee or other persons, if so the test would be an automatic fail and would have to re-sit again next year, due to the reasons being a ‘Major’ reason for fail. However some ‘Minor’ causes would not fail unless there were in numbers of 3 or above. Minors could include reasonable grounds being exploited and prolonged detention judges on the suspects appearance, not evidence for example.