108 resultados para police discretion


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This paper evaluates a method of operation for sexual assault investigation recently developed by Victoria Police (Australia). The model (which is new to Victoria) is characterised by two core components: the establishment of specialist teams of investigators (responsible for investigation and victim support) and service sites referred to as ‘Multidisciplinary Centres’ where all key services are provided to victims in a single location separate from police stations. The approach consisted of in-depth interviews with 25 victims of sexual assault aged between 15 and 54 years. The overriding theme to arise from the interviews was the importance to victims of being treated with dignity and respect; six elements were highlighted by victims as assisting this. These elements are presented along with evidence to demonstrate that the police response to victims has become more victim-centred under the new model of service delivery.

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When police removed a young woman’s “tent dress” this week at the Occupy Melbourne encampment, it was yet another controversial interaction between protesters and authorities.

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In 1965, alongside the abolition of capital punishment, a mandatory life sentence for murder was implemented in England and Wales. The mandatory life sentence served as a signal to the public that the criminal justice system would still implement the most severe sanction of life imprisonment in cases of murder. Nearly 50 years later, this article examines whether the imposition of a mandatory life sentence for murder is still in the best interests of justice or whether English homicide law would be better served by a discretionary sentencing system. In doing so, the article considers debates surrounding the political and public need for a mandatory life sentence for murder by drawing upon interviews conducted with 29 members of the English criminal justice system. This research concludes that a discretionary sentencing framework is required to adequately respond to the many contexts within which the crime of murder is committed.

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This article examined adherence to current best practice recommendations for police interviewing of individuals suspected of committing child-sexual offences. We analysed 81 police records of interviews (electronically recorded and then transcribed) with suspects in child-sexual abuse cases in England and Australia. Overall we found areas of skilled practice, indicating that police interviewing in Australia and England is in a far better place than 20 years ago. However, this study also demonstrated that there is still a gap between the recommended guidelines for interviewing and what actually happens in practice. Specifically, limitations were found in the following areas: transparency of the interview process; introduction of allegations; disclosure of evidence; questioning techniques; and the interviewing approach or manner adopted. The practical implications of these findings are discussed.

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The aim of this study was to examine police officers’ beliefs about how children report abuse. Fifty-two officers read transcripts of nine interviews, which were conducted with actual children or adults playing the role of the child witness. Officers indicated whether they thought the interviews were with an actual child and justified their decisions. In-depth interviews were conducted to determine the reasons behind their decisions. Overall, officers’ decisions were no better than chance. When making these decisions, officers focused on three areas: whether they considered the child's language to be age-appropriate, whether they thought that the content of the statement was plausible, and whether they thought that the child had acted in a manner consistent with recollecting a traumatic event. The findings suggest that the characteristics officers rely on when evaluating children's statements of abuse are not reliable indicators. They suggest that officers’ beliefs about these statements need to be challenged during training to reduce the effects of those beliefs on their later decisions.

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We examined whether specialist police training on the dynamics of sexual offending can modify officers’ victim-blaming attitudes and negative perceptions regarding likely case authorization. The sample included 77 Australian police officers specialising in sexual assault investigation. The training, delivered face to face over 4 weeks, included focus on identifying elements of grooming in offending relationships and how these elements can be elicited from victims and suspects within a narrative interviewing framework. Officers’ perceptions of cases were assessed immediately pre- and posttraining using a series of case scenarios. For each scenario, officers rated (on a 10-point Likert-type scale) their confidence that the case should be authorised to proceed to prosecution and the responsibility attributable to the victim. For each case, officers also listed up to 5 factors to justify their case authorization decision. Overall, confidence in case authorization increased from pre- to posttraining, whilst perception of victim “responsibility” decreased. The pattern of results, including the qualitative evidence to justify officers’ decisions, support that the attitude change was due to greater understanding of the dynamics of sexual offending. The implications for police trainers, and directions for future research, are discussed.

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Sex offender registration schemes exist in most English speaking countries to assist police in the investigation of new crimes and to deter known offenders. To date, however, very little research has examined the efficacy of these registers. This study addresses this issue by providing the first qualitative analysis of police officers' perceptions of registration schemes. Twenty-four Australian police professionals (whose jobs were primarily associated with the operation of sex offender registration schemes) participated in focus groups in groups of 2–5 officers. Officers were recruited across three jurisdictions where quite distinct registration schemes operated. They were asked to reflect on how their register operates, how effective and efficient it is, the challenges faced in its administration and how the registry process might be improved. The key challenges addressed included; limitations in risk assessment expertise, restriction in legislative powers, and inadequate opportunity for specialisation. The implications for current practice are discussed.

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Purpose
The purpose of this paper is to critically examine the instruments used in the screening process, with particular attention given to supporting research validation. Psychological screening is a well-established process used in the selection of employees across public safety industries, particularly in police settings. Screening in and screening out are both possible, with screening out being the most commonly used method. Little attention, however, has been given to evaluating the comparative validities of the instruments used.

Design/methodology/approach
This review investigates literature supporting the use of the Minnesota Multiphasic Personality Inventory (MMPI), the California Personality Inventory (CPI), the Inwald Personality Inventory (IPI), the Australian Institute of Forensic Psychology's test battery (AIFP), and some other less researched tests. Research supporting the validity of each test is discussed.

Findings
It was found that no test possesses unequivocal research support, although the CPI and AIFP tests show promise. Most formal research into the validity of the instruments lacks appropriate experimental structure and is therefore less powerful as “evidence” of the utility of the instrument(s).

Practical implications
This research raises the notion that many current screening practices are likely to be adding minimal value to the selection process by way of using instruments that are not “cut out” for the job. This has implications for policy and practice at the recruitment stage of police employment.

Originality/value
This research provides a critical overview of the instruments and their validity studies rather than examining the general process of psychological screening. As such, it is useful to those working in selection who are facing the choice of psychological instrument. Possibilities for future research are presented, and development opportunities for a best practice instrument are discussed.

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Warrior, Tough-love family, and Perfect self were identified as prevailing D/discourses (i.e., words, tools, beliefs, thinking styles) in police vocational training (i.e., vocational knowledge and skills to fulfil police operations). This paper provides an overview of research into the ‘discourse-practice’ (Cherryholmes 1988, p.34) framework of policing in a police vocational training environment with recruits. The research distinguished the dominant subcultures and prevailing D/discourses, and analysed the impact of these on individuals’ identity, subjectivity, agency, learning and membership within the policing community.

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I traverse a number of identity boundaries every day within a work context. This paper discusses the blurred boundary of two identities - (1) a part-time PhD student undertaking a cross-jurisdictional study of police training and education and (2) a full-time, ‘unsworn’ employee advising on education and training at a police academy. Study and work are concurrent. I describe myself as a token insider – different, partly accepted, yet tolerated, or alternatively as an outsider-insider. It is taxing to maintain an outsider’s standpoint in a police organisation. My role regularly places me in a position of challenging the dominant ideology, D/discourse (words, beliefs, thinking styles) and subcultures whilst experiencing the imposition of power by the dominant to accept the status quo. Frustration combined with a desire to name and reframe everyday experiences has led me to engage in critical reflection, enlist a critical friend, and undertake doctoral research. As an outsider- nsider, critical reflection is a tool that enables me to negotiate discursive positions by questioning my engagement and subject position within and against the taken-for-granted and unquestioned dominant D/discourses.

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This paper describes the application of the rank-order repertory grid technique to elicit personal constructs in order to distinguish prevailing D/discourse in police training. Traditionally, the repertory grid has been used as a quantitative method for data collection, correlation, and analysis, however, in recent years it has been applied as a qualitative method. This research combines the use of the repertory grid as a quantitative method for data collection and initial statistical analysis with a discourse analytic framework for final theoretical analysis. This research is in informed by a literature review of police culture, police training, gender, “Othering”, and inherent D/discourses in police organisations, and inspired by the researcher’s professional experiences in a police organisation. Anecdotal evidence and studies reveal that pedagogical training methods are predominantly used in police training with concerns identified as to their educative value. These concerns are supported by Australian and international studies into police management education which reveal a ‘resistant anti-intellectual subculture’ and a set of unconscious and unchallengeable assumptions regarding police work, conduct, and leadership which prevents critical thinking. An examination of D/discourse in police training is timely and pertinent given the Australasian agenda for policing to become a profession.

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Qualitative and quantitative methods were used in this research to distinguish the prevailing D/discourses (words, tools, beliefs, thinking styles) in police training and to analyse the ‘discourse-practice’ (Cherryholmes 1988, p.1) framework of policing in a training environment. The manifestations, functions and consequences of the D/discourses raise concerns about the efficacy of training (its doctrinal intent and value versus its educative intent and value) and its implications for individuals’ identity, subjectivity, agency, learning, and “membership” within the policing community. The literature revealed that police training acts as a formally sanctioned vehicle for police culture, subcultures, and D/discourses. This is complicated by (a) the predominance of pedagogical training practices that support a trainer-centred approach and standardised lecture format for training, (b) police training focusing predominantly on law enforcement at the cost of higher-order conceptual skills, and (c) Australian and international studies of police management education which reveal a subculture resistant to theoretical analysis and critical reflection, and a set of unconscious and unchallengeable assumptions regarding police work, conduct, and leadership. A backdrop to this research and findings is the agenda of Australian and New Zealand police services for police to become a profession.