Holding police accountability theory to account, by Frank Harris

288 Pages·2013·1.58 MB·English

by  Francis Harris

University of Portsmouth - Institute of Criminal Justice Studies

‘Holding police accountability theory to account’

Frank C. Harris

Institute of Criminal Justice Studies
University of Portsmouth

May 2013

This thesis is submitted as partial fulfilment of the requirements for the award of
degree of Doctor of Criminal Justice of the University of Portsmouth

Holding police accountability theory to account Frank Harris 1
University of Portsmouth - Institute of Criminal Justice Studies

Declaration

I confirm that, except where indicated through the proper use of citations and
references, this is my own original work. Whilst registered as a candidate for the
above degree, I have not been registered for any other research award. The results and
conclusions embodied in this thesis are the work of the named candidate and have not
been submitted for any other academic award.

This dissertation consists of 49,594 words, excluding ancillary data such as footnotes,
bibliographies, diagrams and references.

Signed:………………………………………………….

Date:…………………………………………………..

Holding police accountability theory to account Frank Harris 2
University of Portsmouth - Institute of Criminal Justice Studies

Acknowledgements

I would like to thank my dissertation supervisor, Professor Steve Savage (Institute of
Criminal Justice Studies), for his support and patient guidance throughout this
dissertation. I would also like to thank Reshat Maliqi, Director General of the Kosovo
Police, and all the members of the Police Inspectorate of Kosovo, past and present, for
their friendship and unwavering co-operation and support.
Holding police accountability theory to account Frank Harris 3
University of Portsmouth - Institute of Criminal Justice Studies
Contents

Page
Declaration 1
Acknowledgements 2
List of contents 4
List of tables and figures 8
List of abbreviations 10
Abstract 11

Chapter 1: Purpose and background to the research 12
- 1.1 Introduction 12
- 1.2 Forging the question 14
- 1.3 Research aim and objectives 19
- 1.4 Significance of the research 21
- 1.5 Structure of the thesis 25

Chapter 2: Patterns of police governance 28
- 2.1 Introduction 28
- 2.2 Grappling the slippery snake 31
- 2.3 Governance and legal accountability 36
- 2.4 Police governance dialectic 39
o Local governance dynamic 40
o Police independence dynamic 47
o Central government dynamic 49
Holding police accountability theory to account Frank Harris 4
University of Portsmouth - Institute of Criminal Justice Studies
- 2.5 Dialectical shifts and some conclusions 55

Chapter 3: External citizen oversight - a remedy to misconduct
and poor performance? 64

- 3.1 Introduction 64
- 3.2 Evolution of citizen oversight of police 64
- 3.3 Citizen oversight and the causes of police misconduct 67
- 3.4 Policy review as a means of reducing misconduct/
performance failure 71

- 3.5 Meaning of policy as a vehicle for reducing misconduct 75
- 3.6 The locus of police accountability 77
- 3.7 Authority to influence the causes of misconduct 81
- 3.8 Alternative triggers of policy change 83
- 3.9 Holding accountability theory to account 85
- 3.10 Some conclusions 87

Chapter 4: Methodology 92
- 4.1 Introduction 92
- 4.2 Use of a case study 93
- 4.3 Research dilemmas associated with the central
research question 95

- 4.4 Potential benefits of a qualitative approach 97
- 4.5 Selecting an appropriate qualitative strategy 100
- 4.6 Mixing methods 100
- 4.7 Data gathered through use of the questionnaire 105
- 4.8 Semi-structured interviews 112
- 4.9 Ethical considerations and conclusions regarding
Holding police accountability theory to account Frank Harris 5
University of Portsmouth - Institute of Criminal Justice Studies
the methodology 115

- 4.10 Reflections on methodological practice 116

Chapter 5: Case Study (1) – Police Governance and Accountability
in Kosovo 120
- 5.1 Introduction 120
- 5.2 A short history of police governance in Kosovo 121
- 5.3 Independence dynamic versus central dynamic 126
- 5.4 PIK’s role in police governance in Kosovo 132
- 5.5 PIK independence 134
- 5.6 PIK reactive function 136
- 5.7 PIK proactive function 142
- 5.8 Concluding note 146

Chapter 6: Case Study (2) – Police Perceptions of the PIK 147
- 6.1 Introduction 147
- 6.2 Police Inspectorate themes 148
- 6.3 Professional Standards Directorate themes 154
- 6.4 Level of misconduct themes 156
- 6.5 Semi-structured interview themes 160
- 6.6 Concluding note 164

Chapter 7: Analysis and Discussion 165
- 7.1 Introduction 165
- 7.2 Assessing PIK impact on KP performance –
Secondary Data Sources 165
Holding police accountability theory to account Frank Harris 6
University of Portsmouth - Institute of Criminal Justice Studies
- 7.3 Assessing the PIK impact on KP performance –
Primary Data Sources 170
- 7.4 ECO’s role in police governance 176
- 7.5 Limitations of ‘holistic’ External Citizen Oversight’ 179

Chapter 8: Conclusion 183
- 8.1 Introduction 183
- 8.2 Main findings of the research 183
- 8.3 Signposts for future research 191
- 8.4 Final reflections 194

Appendix A - Interview guide and questionnaire 196
Appendix B - Notes on preparation of interview guide 213
Appendix C - Notes on design and use of questionnaire 221
Appendix D – Police Inspectorate of Kosovo Law 234
Appendix E – Questionnaire results 256

Bibliography 265
Holding police accountability theory to account Frank Harris 7
University of Portsmouth - Institute of Criminal Justice Studies

List of charts, figures and tables

Title Page

Chart 6.1: Analysis of responses to Statements 1 – 4 150
Chart 6.2: Analysis of responses to Statements 5 & 6 155

Figure 2.1: Environmental influences on the police organization 34
Figure 2.2: Police governance dialectic 39
Figure 5.1: Interaction of police governance dynamics in Kosovo 129
Figure 7.1 Interaction of police governance dynamics 168

Table 4.1: Breakdown of Questionnaire Responses 109
Table 4.2: Research method matrix 117
Table 5.1: Legal objectives of the Police Inspectorate of Kosovo 133
Table 5.2: Complaints recorded by PIK: 2007 – 2010 138
Table 5.3: Article 25(4) – Law on the Police Inspectorate of Kosovo 143
Table 6.2: Overall results of the questionnaire study (all categories) 149
Table 6.3: KP officers who indicated that they had been investigated
by PIK 257

Table 6.4: KP officers who indicated that they had NOT been
investigated by PIK 258

Table 6.5: KP officers who indicated that they had been
investigated by PSD 259

Table 6.6: KP officers who indicated that they had NOT been
investigated by PSD 260

Table 6.7: Officers who indicated that they had made a
Holding police accountability theory to account Frank Harris 8
University of Portsmouth - Institute of Criminal Justice Studies
complaint against another officer 261

Table 6.8: Officers who indicated that they had NOT made
a complaint against another officer 262

Table 6.9: Officers who indicated that they had given evidence
against another officer 263

Table 6.10: Officers who indicated that they had NOT given
evidence against another officer 264

Table 6.11: KP officers’ perceptions of common types of misconduct 157

Holding police accountability theory to account Frank Harris 9
University of Portsmouth - Institute of Criminal Justice Studies

List of abbreviations

CJC Criminal Justice Commission (Queensland, Australia)
ECO External Citizen Oversight
HMIC Her Majesty’s Inspectorate of Constabulary
IPCC Independent Police Complaints Commission
KP Kosovo Police
MoIA Ministry of Internal Affairs (Kosovo)
MuP Ministarstvo unutrašnjih poslova – Ministry of Interior (of the
Federal Republic of Yugoslavia)
OMiK OSCE Mission in Kosovo
OSCE Organization for Security and Co-operation in Europe
PIK Police Inspectorate of Kosovo
PISG Provisional Institutions of Self-Government (of Kosovo)
PSD Professional Standards Directorate (KP)
PSU Professional Standards Unit (KP)
SRSG Special Representative of the Secretary General
UN CivPol United Nations Civilian Police
UNDP United Nations Development Programme
UNICP United Nations International Civilian Police (or ‘CivPol’)
UNMIK United Nations Mission in Kosovo

Holding police accountability theory to account Frank Harris 10