The Responsibility of the Police Command for Street-Level Actions
Type of Work
Article
Date
10-1990
Journal Title
Law and Policy
Journal ISSN
1467-9930
Journal Volume
12
Journal Issue
4
First Page
331
Last Page
352
DOI
10.1111/j.1467-9930.1990.tb00052.x
Abstract
This article examines federal judicial doctrine concerning the responsibility of police officials for patrol misconduct. The current standard requiring a showing by plaintiffs of an “affirmative link” between street-level action and the intention of commanders is challenged in two ways. First, through the application of organizational analysis to the premises of leading cases in the doctrine, and, second, by considering three suits alleging patterns of patrol misconduct, in which the elements of a new standard of command responsibility can be discerned. The authors argue that a standard based on a strengthened doctrine of respondeat superior will help insure the preservation of due process rights in citizen encounters with the police. The article recommends the imposition of departmental record keeping requirements for personnel evaluations and for allegations and investigations of patrol misconduct. A further recommendation would require departmental regulations on the use of force.
Citation Information
Anechiarico, Frank and Lockwood, Stephen L., "The Responsibility of the Police Command for Street-Level Actions" (1990). Hamilton Digital Commons.
https://digitalcommons.hamilton.edu/articles/167
Hamilton Areas of Study
Government, Public Policy