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LAW ENFORCEMENT AND THE RULE OF LAW: IS THERE A TRADEOFF?
Author(s) -
BAYLEY DAVID H.
Publication year - 2002
Publication title -
criminology and public policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.6
H-Index - 33
eISSN - 1745-9133
pISSN - 1538-6473
DOI - 10.1111/j.1745-9133.2002.tb00113.x
Subject(s) - presumption , harm , argument (complex analysis) , proposition , law enforcement , law , rule of law , enforcement , political science , empirical research , public law , common law , law and economics , sociology , epistemology , biochemistry , chemistry , philosophy , politics
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.