Developing Policing Practices that Build Legitimacy (2022) / Chapter Skim
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1 Introduction
1 Introduction
Pages 5-18
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. INL is part of an extensive network of international and regional organizations, bilateral donors, international financial institutions, and civil society organizations that work with governments in several countries to provide foreign assistance and support capacity building for criminal justice systems and police organizations.
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This report is the fourth of the series, addressing the fourth question in the committee's charge: What policing practices build community trust and legitimacy in countries with low-to-moderate criminal justice sector capacity? 1 Countries with low-to-moderate criminal justice sector capacity were understood to refer to INL's range of partner countries.
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State Department's Bureau of International Narcotics and Law Enforcement Affairs defines ROL as: A principle of governance in which all persons, institutions, and enti ties, public, and private, including the state itself, are accountable to [domestic] laws that are publicly promulgated, equally enforced, and independently adjudicated, that are consistent with international human rights norms and standards.b Other dimensions and detailed conditions of the rule of law are available in the broad legal and philosophical literature (e.g., Bingham, 2011; O'Donnell, 2004)
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4. What policing practices build community trust and legitimacy in countries with low-to-moderate criminal justice sector capacity?
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In forming its advice, the committee draws specifically on information from a prepared paper and a single workshop on the topic of the fourth question as well as its members' years of experience investigating policing policies and practices. The public workshop, entitled Police and Community Trust and Legitimacy, was held virtually on January 25 and 26, 2022.
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. While a procedural justice viewpoint to policing continues to demonstrate value, an exclusive focus on procedural justice limits knowledge about means to increase legitimacy and community trust (Bell, 2017; Bottoms and Tankebe, 2017; Loader and Sparks, 2013)
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. Various empirical studies within this perspective show that a key correlate of police legitimacy is perception of police procedural justice -- how fairly people feel the police treat them during everyday interactions with them (Tyler, 2003)
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This complexity lies partly in the frequent disconnect between the police's normative authority, police behavior, and public perceptions. The police might be perceived as illegitimate even though their conduct complies with established laws and norms (and vice versa)
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With regard to the committee's charge, an ultimate aim is for citizens to trust police to promote the rule of law and protect the population. As BOX 1-3 Some Definitions of Community Trust Trust involves a judgment that entities or institutions will exercise their authority and power in ways that "will correspond with one's expectations (benign or other wise)
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The four pillars of legitimacy discussed later in this report can be measured through triangulation of various data sources, includ ing public opinion surveys, citizen complaint data, police administrative data, interviews, focus groups, and ethnographic accounts. The qualitative methods of ethnography, focus groups, and in-depth interviews with key informants are all useful in understanding, for example, potential reasons behind citizens' views of police legitimacy and the social, cultural, and institutional barriers to reform.
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There is still a need to develop research measures that capture the perceived rightful authority of the police. One approach advocated by some researchers is to develop survey instruments that capture four pillars of legitimacy: police effectiveness, lawfulness, procedural justice, and distributive justice (see discussion in Chapter 2)
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Such contextual factors lend to a complex dynamic around police legitimacy. A "dialogic" approach, as discussed above, can aid in efforts to be sensitive to country contexts and dynamic expectations as interventions to build legitimacy are considered (see Bottoms and Tankebe, 2012)
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, the chapter highlights the state of knowledge on crime reduction, community policing, procedural justice, and distributive justice. It also summarizes the committee's advice for foreign assistance donors.
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