34 resultados para police discretion
em Aston University Research Archive
Resumo:
This is a study of police interviewing using an integrated approach, drawing on CA, CDA and pragmatics. The study focuses on the balance of power and control, finding that in particular the institutional status of the participants, the discursive roles assigned to them by the context, and their relative knowledge, are significant factors affecting the dynamics of the discourse. Four discursive features are identified as particularly significant, and a detailed analysis of the complex interplay of these features shows that power and control are constantly under negotiation, and are always open to challenge and resistance. Further it is shown that discursive dominance is not necessarily advantageous to participants, due to the specific goals and purposes of the police interview context. A wider consideration of the context illustrates the contribution that linguistics can make to the use of police interview data as evidence in the UK criminal justice system.
Resumo:
The methods used by the UK Police to investigate complaints of rape have unsurprisingly come under much scrutiny in recent times, with a 2007 joint report on behalf of HM Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary concluding that there were many areas where improvements should be made. The research reported here forms part of a larger project which draws on various discourse analytical tools to identify the processes at work during police interviews with women reporting rape. Drawing on a corpus of video recorded police interviews with women reporting rape, this study applies a two pronged analysis to reveal the presence of these ideologies. Firstly, an analysis of the discourse markers ‘well’ and ‘so’ demonstrates the control exerted on the interaction by interviewing officers, as they attach importance to certain facts while omitting much of the information provided by the victim. Secondly, the interpretative repertoires relied upon by officers to ‘make sense’ of victim’s accounts are subject to scrutiny. As well as providing micro-level analyses which demonstrate processes of interactional control at the local level, the findings of these analyses can be shown to relate to a wider context – specifically prevailing ideologies about sexual violence in society as a whole.
Resumo:
In 1993 Leggatt L.J. said in Abu Dhabi National Tanker Co. v. Product Star Shipping Ltd. (The Product Star) [1993] 1 Lloyds Rep. 397, 404: Where A and B contract with each other to confer a discretion on A, that does not render B subject to A’s uninhibited whim. In my judgment, the authorities show that not only must the discretion be exercised honestly and in good faith, but, having regard to the provisions of the contract by which it is conferred, it must not be exercised arbitrarily, capriciously or unreasonably.
Resumo:
A structured approach to process improvement is described in the context of the human resources division of a UK police force. The approach combines a number of established techniques of process improvement such as the balanced scorecard and process mapping with a scoring system developed to prioritise processes for improvement. The methodology described presents one way of ensuring the correct processes are identified and redesigned at an operational level in such a way as to support the organisation's strategic aims. In addition, a performance measurement system is utilised to attempt to ensure that the changes implemented do actually achieve the desired effect over time. The case demonstrates the need to choose and in some cases develop in-house tools and techniques dependent on the context of the process improvement effort.
Resumo:
Presents a simulation study of the costing of police custody operations at a UK police force. The custody operation incorporates the arrest, booking-in, interview, detention and court appearance activities. The Activity Based Costing (ABC) approach is used as a framework to show how costs are generated by the three “drivers” of cost, activity and resource. These relate to the design efficiency of the process, the timing and mix of demand on the process and the cost of resources used to undertake the process respectively. The use of discrete-event simulation allows the incorporation of dynamic (time-dependent) and stochastic (variability) elements in the cost analysis. This enables both the amount and timing of the use of capacity and the generation of cost to be established. The concept of committed and flexible resources directs management decisions to the redeployment of unused capacity or alternatively the identification of additional capacity requirements.
Resumo:
Purpose – Seeks to examine how far Michael Lipsky's theory of discretion as it relates to public sector professionals as “street-level bureaucrats” is still applicable in the light of public sector reform and in particular the introduction of increased managerial control over professionals. Design/methodology/approach – The main thesis in Lipsky's work, Street-Level Bureaucracy, that street-level bureaucrats devise their own rules and procedures to deal with the dilemmas of policy implementation is linked to public sector reform over the past 25 years or so. The article differentiates between three forms of discretion, rule, task and value and assesses the extent to which these different forms of discretion have been compromised by reform. Examples are drawn principally from the literature on school teachers and social workers Findings – The findings suggest that the rule-making (hence bureaucratic) capacity of professionals at street-level is much less influential than before although it is questionable whether or not the greater accountability of professionals to management and clarity of the targets and objectives of organisations delivering public policy has liberated them from the dilemmas of street-level bureaucracy. Research limitations/implications – The work has focussed on the UK and in particular on two professions. However, it may be applied to any country which has undergone public sector reform and in particular where “new public management” processes and procedures have been implemented. There is scope for in-depth studies of a range of occupations, professional and otherwise in the UK and elsewhere. Practical implications – Policy makers and managers should consider how far the positive aspects of facilitating discretion in the workplace by reducing the need for “rule-making” to cope with dilemmas have been outweighed by increased levels of bureaucracy and the “de-skilling” of professionals. Originality/value – Lipsky's much cited and influential work is evaluated in the light of public sector reform some 25 years since it was published. The three forms of discretion identified offer the scope for their systematic application to the workplace.
Resumo:
This study examines the earnings management behaviour of 455 distressed US firms that filed for bankruptcy during the period 1986-2001. We examine (a) possible earnings management during the years prior to bankruptcy-filing, (b) whether qualified audit opinions cause conservative earnings management behaviour, (c) whether earnings management differs between firms that discontinued operations and firms that survived thereafter, and (d) the effect of earnings management on subsequent stock returns. Our results are consistent with downwards earnings management 1 year prior to the bankruptcy-filing. Results also show that (a) firms receiving unqualified audit opinions 4 or 5 years prior to the bankruptcy-filing event manage earnings upwards in subsequent years, consistent with Rosner [2003. Earnings manipulation in failing firms. Contemporary Accounting Research 20, 361-408], (b) more conservative earnings management seems to be related to the qualified audit opinions rendered in the preceding year, (c) firms with long-term negative accruals the year of bankruptcy-filing have a greater chance to survive thereafter, and (d) more pronounced (negative) earnings management is associated with more negative (next year's) subsequent returns. © 2007 Elsevier Ltd. All rights reserved.
Resumo:
This paper describes the organizational processes of knowledge acquisition, sharing, retention and utilisation as it affected the internal and external communication of knowledge about performance in an English police force. The research was gathered in three workshops for internal personnel, external stakeholders and chief officers, using Journey Making, a computer-assisted method of developing shared understanding. The research concluded that there are multiple audiences for the communication of knowledge about police performance, impeded by the requirement to publish performance data. However, the intelligence-led policing model could lead to a more focused means of communication with various stakeholder groups. Although technology investment was a preferred means of communicating knowledge about performance, without addressing cultural barriers, an investment in technology may not yield the appropriate changes in behaviour. Consequently, technology needs to be integrated with working practices in order to reduce organizational reliance on informal methods of communication.
Resumo:
Consultation between the police and the community was a recommendation of Lord Scarman in his report into the Brixton riots in 1981. By 1982 the West Midlands Police Authority had established local consultative committees on each police sub-division. This thesis is a study of four Police Consultative Committees in Birmingham, using qualitative methods of attendance at committee meetings and interviews with committee members. The research was carried out between 1990 and 1992 - ten years after formal consultation was established, and aimed to examine the relationship between the micro social processes of the committees and key sociological theoretical concepts. The analysis of the four committees contextualises them within the social and political parameters of urban policing in the late 1980s. Each committee is taken as a case study to highlight the following aspects of consultation:- relations between the police and black communities; membership, representation and accountability; responding to community conflict; crime prevention agencies and networks of social control. The findings are then generalised to the sociological theoretical concepts of hegemony, legitimation, community conflict and social control. The central proposition of this thesis is that, whilst these committees are not fulfilling the role Lord Scarman envisaged for them (of involving local community representatives in policing strategies and policies), they do have important policing and political roles. It is argued that they offer a platform from which senior police officers can engage local people into supporting policing objectives without actually involving them in determining those objectives. Furthermore, such committees have political symbolism in that they enable the government to be seen to be responding to the issues of accountability and relations between the police and black communities following the urban disorders, without actually devolving any statutory powers to the community.
Resumo:
In this thesis the validity of an Assessment Centre (called 'Extended Interview') operated on behalf of the British police is investigated. This Assessment Centre (AC) is used to select from amongst internal candidates (serving policemen and policewomen) and external candidates (graduates) for places on an accelerated promotion scheme. The literature is reviewed with respect to history, content, structure, reliability, validity, efficiency and usefulness of ACs, and to contextual issues surrounding AC use. The history of, background to and content of police Extended Interviews (Els) is described, and research issues are identified. Internal validation involved regression of overall EI grades on measures from component tests, exercises, interviews and peer nominations. Four samples numbering 126, 73, 86 and 109 were used in this part of the research. External validation involved regression of three types of criteria - training grades, rank attained, and supervisory ratings - on all EI measures. Follow-up periods for job criteria ranged from 7 to 19 years. Three samples, numbering 223, 157 and 86, were used in this part of the research. In subsidiary investigations, supervisory ratings were factor analysed and criteria intercorrelated. For two of the samples involved in the external validition, clinical/judgemental prediction was compared with mechanical (unit-weighted composite) prediction. Main conclusions are that: (1) EI selection decisions were valid, but only for a job performance criterion; relatively low validity overall was interpreted principally in terms of the questionable job relatedness of the EI procedure; (2) Els as a whole had more validity than was reflected in final EI decisions; (3) assessors' use of information was not optimum, tending to over-emphasize subjectively derived information particularly from interviews; and (4) mechanical prediction was superior to clinical/judgemental prediction for five major criteria.