LAW ENFORCEMENT AND THE RULE OF LAW: IS THERE A TRADEOFF? |
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| Authors: | DAVID H BAYLEY |
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| Institution: | David Bayley is a Distinguished Professor in the School of Criminal Justice, State University of New York at Albany. A specialist in international criminal justice, with particular interest in policing, he has done extensive work in India, Japan, Australia, Canada, Britain, Singapore, and the United States. His work has focused on strategies in policing, police reform, accountability, foreign assistance to police agencies, and the tactics of patrol officers. Professor Bayley's most recent books are What Works in Policing;(1998) and Police for the Future (1994), both published by Oxford University Press, New York. Supported by grants from the National Institute of Justice and the MacArthur Foundation, he is currently engaged in a three-year research project studying the lessons-to-be-learned about assisting foreign countries to develop effective democratic police forces. Professor Bayley earned a B.A. degree at Denison University (1955), an M.A. at Oxford University (1957), and a Ph.D. at Princeton University (1960) |
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| Abstract: | This essay assesses whether a strong evidence‐based argument can be made to support the proposition that when police violate the rule‐of‐law they do more harm than good with respect to their collective, as well as personal, interests. The assessment is undertaken to counter the common presumption among police officers that circumstances often justify cutting legal corners in the interests of public safety. The essay first examines what research shows about the facilitators of police law breaking. It then examines seven reasons why violating the rule‐of‐law works against the instrumental interests of the police themselves. After assessing the strength of the evidence against the instrumental benefit of violating the rule‐of‐law, suggestions are made about research that is needed to make the case more compelling. In conclusion, the essay discusses how empirical knowledge might be most productively used to change the culture of contemporary policing. |
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| Keywords: | Police Civil Liberties Police Effectiveness Accountability Police Integrity |
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