Keith Mack
Police behavior can be lawful but not always legitimate, and understanding the difference between lawful and legitimate is crucial. Lawful police behavior refers to actions that are legally permitted and authorized, while legitimate police behavior involves actions that are perceived as fair, just, and morally right. For example, police officers may engage in racial profiling, targeting minorities who seem suspicious, which is lawful in that they have the authority to investigate based on reasonable suspicion, but it is not legitimate as it is not morally justifiable. The courts have been clear about the legitimacy of police authority, but the question of how police officers can ensure their actions are legitimate remains complex and depends on factors such as the circumstances, the experience of the officers, and their ability to exercise tactical patience and establish control without sacrificing safety.
| Characteristics | Values |
|---|---|
| Lawful police behavior | Behavior that complies with state and local laws, regulations, and agency policies |
| Legitimate police behavior | Behavior that does not abuse power or authority, e.g. racial profiling |
| Police authority | The police have the power to establish and maintain control, and this does not depend on the agreement of suspects or witnesses |
| Compliance | The public is expected to comply with lawful police orders |
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What You'll Learn
Police authority and compliance with lawful orders
Understanding the difference between "lawful" and "legitimate" police behaviour is crucial. Lawful police behaviour refers to actions that comply with the law and are legally justifiable. On the other hand, legitimate police behaviour entails actions that are perceived as fair and just by the public. While police officers are expected to uphold the law, the legitimacy of their authority is not solely dependent on the legality of their actions but also on societal acceptance and compliance.
Police officers are granted immense authority by the state, and with it, the expectation that they will responsibly exercise their power within legal boundaries. This includes complying with state and local laws, regulations, and agency policies that outline the extent of their authority. However, the complexity arises when officers encounter situations that require them to make swift decisions, sometimes in high-pressure and unpredictable circumstances. In such cases, the "reasonableness" of an officer's behaviour is assessed through the lens of reasonable officers, taking into account their training, experience, discretion, and judgment.
The legitimacy of police authority is not contingent on securing agreement from suspects or witnesses. Officers are not required to sacrifice safety or control to answer questions or defend their decisions. Instead, they are expected to establish and maintain control, ensuring voluntary compliance and avoiding the use of force whenever possible. This involves tactical patience, crisis counselling, and de-escalation techniques. However, the public's perception of police legitimacy can be influenced by their understanding of lawful orders and their expectations of police behaviour.
Citizens often face challenges in determining whether a police order is lawful. When an officer gives an order, citizens are presumed to immediately know and understand the relevant state and federal laws, as well as the facts known to the officer. This uncertainty can contribute to anxiety and stress, especially in minority communities, as individuals may feel they have to comply with every command, regardless of its legality. The case of Sandra Bland, who was threatened with a Taser and arrested during a routine traffic stop, exemplifies the complexities of lawful orders and the challenges citizens face in understanding their rights and obligations during police encounters.
To address these concerns, it is essential to provide clear guidelines and training for both police officers and citizens. Officers should be well-versed in the laws and policies that govern their authority, while also being equipped with de-escalation and persuasion techniques to achieve procedural justice. Citizens, on the other hand, can benefit from educational initiatives that inform them of their rights and responsibilities during police interactions, helping them understand what constitutes a lawful order and how to respond appropriately. By fostering a shared understanding of lawful orders, we can work towards ensuring that police authority is both lawful and legitimate in the eyes of the public.
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Abuse of power and racial profiling
Police behaviour can be lawful but not legitimate when officers abuse their power and engage in racial profiling. Abuse of power refers to the misuse or excessive use of an officer's authority, which can lead to harassment, brutality, or excessive enforcement of the law. This often occurs when officers hold biases, explicit or implicit, against certain racial or ethnic minority groups, reflecting the values of the larger community. For instance, in the United States during the segregation era, some police officers were members of white supremacist organisations, abusing their power in dealings with African Americans.
Racial profiling is a form of discrimination where law enforcement targets individuals based on their perceived race, ethnicity, national origin, or religion, rather than on evidence of criminal activity. This longstanding issue in the United States has resulted in people of colour being subjected to humiliating and frightening detentions, interrogations, and searches without just cause. Since the September 11 attacks, Arab, Middle Eastern, Muslim, and South Asian communities have been particularly targeted, with federal agencies also profiling Asian Americans. Racial profiling is not only illegal and unconstitutional but also ineffective, as it alienates communities, hinders community policing, and causes law enforcement to lose credibility and trust.
The consequences of racial profiling and abuse of power can be dire, as seen in the fatal police shootings of Michael Brown in 2014, and Breonna Taylor and George Floyd in 2020, which ignited widespread protests across the nation. These incidents highlight the systemic exclusion, discrimination, and bias that plague policing in the United States. While police officers are entrusted with immense authority, they must also exercise discretion and judgement in balancing government interests with individual rights, ensuring that their behaviour remains not just lawful but also legitimate in the eyes of the public.
To address these issues, a range of new approaches are necessary, encompassing law enforcement, courts, and community involvement, alongside comprehensive social change. Initiatives such as data collection and anti-profiling legislation, as well as advocacy and litigation on behalf of victims of racial profiling, are crucial steps towards combating abuse of power and racial profiling by police.
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De-escalation, persuasion, and procedural justice
Police behaviour can be lawful but not legitimate when officers abuse their power, for example, by purposely targeting minorities. This is often referred to as racial profiling, which has resulted in many deaths, as reported by the ACLU in 2019.
Persuasion is a 'soft power' tactic that can be used to achieve a sense of procedural justice. Procedural justice theory focuses on the role of fairness in building trust and institutional legitimacy. It emphasizes transparency, explaining police actions, and responding to community concerns. Training in procedural justice has been shown to reduce complaints against police and the use of force against civilians, thereby improving the legitimacy of policing.
The legitimacy of police authority does not depend on securing agreement from suspects or witnesses, and officers should not have to sacrifice safety or control to answer questions or defend their decisions. However, when time permits, officers can choose to slow things down and 'buy time' for active listening and crisis counselling, which can help to generate voluntary compliance and avoid the use of force.
Overall, de-escalation, persuasion, and procedural justice are important tools for improving police legitimacy and community relations, reducing crime, and decreasing harmful policing practices.
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The role of societal institutions
Police legitimacy is dependent on societal institutions clearly defining the boundaries of police authority and ensuring officers understand their rights and responsibilities. This includes providing officers with the necessary tools and training to make informed decisions and appropriately exercise their authority. For example, officers should be trained to recognise and avoid racial profiling, a form of abuse of power that targets minorities, which is unlawful and illegitimate.
The courts play a vital role in upholding police legitimacy by clearly communicating the legitimacy of police authority and expectations of compliance from the public. However, police officers are not required to secure agreement or defend their decisions to suspects or witnesses, especially in high-pressure situations where safety is a concern. Instead, they can focus on de-escalation, persuasion, and achieving a sense of procedural justice.
Societal institutions, including government bodies and law enforcement agencies, should also engage in open discussions about the appropriate use of weapons and tactics by the police. They should also provide officers with the discretion to make informed decisions on the ground, balancing government interests with individual rights. Ultimately, societal institutions have a responsibility to ensure that police behaviour aligns with societal values and expectations of fairness and justice.
In conclusion, the role of societal institutions is essential in ensuring police behaviour is not only lawful but also legitimate. This involves providing clear guidelines, training, and accountability measures to uphold the legitimacy of police authority in the eyes of the public.
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The balance between government interests and individual rights
The courts have been clear about upholding the legitimacy of police authority, and society expects compliance with lawful police orders. However, this legitimacy is not dependent on securing agreement from suspects or witnesses. Police officers are entrusted with immense authority and are expected to exercise discretion and judgment in balancing government interests and individual rights. They are responsible for ensuring public safety and maintaining control while respecting the rights of citizens.
On the one hand, government interests involve maintaining public order, enforcing laws, and protecting national security. These interests are crucial for a functioning society and are often delegated to law enforcement agencies, including the police. On the other hand, individual rights refer to the freedoms and entitlements guaranteed to citizens by the constitution and laws of the land. These rights include freedom of speech, privacy, due process, and equal protection under the law.
Striking a balance between government interests and individual rights is challenging and often relies on the experience and judgment of individual police officers. Officers must make difficult decisions on the spot, weighing the need for immediate action against the rights of individuals. They must also navigate complex situations, such as de-escalation, persuasion, and achieving a sense of procedural justice, especially in unpredictable and chaotic scenarios.
To maintain legitimacy, police officers should act within the boundaries of their lawful authority and respect individual rights. They should avoid abusing their power and refrain from racial profiling or any form of discrimination. By upholding the legitimacy of their actions, police officers can maintain public trust and confidence in their ability to serve and protect the community while also respecting the rights of individuals.
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Frequently asked questions
Police behaviour can be lawful but not legitimate when they abuse their power. For example, some police officers may target minorities because they seem "suspicious". This is an instance of racial profiling, which can lead to deadly consequences for its victims.
Racial profiling is when police officers assume that an individual has committed a crime based on the colour of their skin or race, without probable cause or reasonable suspicion.
Police officers can avoid racial profiling by not automatically assuming that an individual has committed a crime based on their race or skin colour. They must have probable cause or a reasonable suspicion to conduct investigations.
"Lawful" police behaviour refers to actions that are legally permitted, while "legitimate" behaviour refers to actions that are morally and ethically justifiable. The legitimacy of police authority is not contingent on securing agreement from suspects or witnesses, but rather on the responsible exercise of their authority.
