The Legitimacy of Using Excessive Force during Civil Policing among Israel’s Border Guard Police Officers

Efrat Shoham, Shirley Yehosha Stern

Criminology Department, Ashkelon Academic College, Israel..

DOI: 10.4236/blr.2012.32003                

Abstract

This research aims to examine two main issues: What is the level of legitimacy attributed to the use of excessive force during civil policing among Border Guard Police officers, compared to ordinary police officers and civilians, and how legitimate is it to involve external supervisory bodies when there is a suspicion of unreasonable or unjustified use of force? Every democratic state faces the need to find a balance between two theoretical and normative models: on the one hand the “Due Process Model” which aims to protect the rights of suspected, accused or convicted individuals and, on the other, the “Crime Control Model”, mainly based on an efficient and economical judicial system, and the need to provide society with a sense of security on a daily basis. The research assumption is that police officers as a whole, and specifically members of the Border Police who handle disturbances of peace as well as legal violations, alongside the necessity to combat security threats, tend to hold closer to the “Crime Control Model” and less to the “Due Process Model”, which the police officers find hinders their ability to effectively manage crime. In order to examine this assumption, an attitude questionnaire was constructed, examining the degree of legitimacy for the use of excessive force on the one hand, and supervision of the use of excessive force in police work on the other. The questionnaire was distributed to 140 Border Guard officers and ordinary police officers serving in the Southern Command of the Israeli Police. In addition, 60 questionnaires were distributed to ordinary civilians. Our findings show a high level of support among police officers and civilians alike for the use of excessive force in civil policing operations. The highest level of legitimacy towards the use of excessive force was found, as expected, among the Border Guard officers. The research concludes that the attitudes of the police officers, especially those of the Border Guard who are fighting a constant battle against security threats alongside the war against crime, greatly restrict the power of external and internal supervision mechanisms to effectively supervise the use of unreasonable force during civilian policing.

Keywords

Excessive Force; Police; Legitimization; Israel

Conflicts of Interest

The authors declare no conflicts of interest.

References

[1]	R. Reiner, “The Politics of the Police,” 4th Edition, Oxford University Press, Oxford, 2010.
[2]	E. Bittner, “The Capacity to Use Force as the Core of the Police Role,” In: V. E. Kappeler, Ed., Police and Society, Waveland Press, Long Grove, 2006, pp. 61-68.
[3]	D. Gimshi, “Criminal Justice System—Law Enforcement in a Democratic State,” Peles Publishing, Rishon Lezion, 2007.
[4]	J. H. Skolnick and J. J. Fayfe, “Above the Law: Police and the Excessive Use of Force,” Free Press, New York, 1993.
[5]	The State Comptroller, “The Systematic Treatment of Complaints about Violence and Improper Behavior of Police Officers,” State Comptroller Annual Report, New York, 2005.
[6]	S. Werner and M. Tsemach, “The Code of Ethics and Law Enforcement System in Israel and around the World,” The Security Office, Jerusalem, 2006.
[7]	D. Bayley and D. Weisburd, “To Protect and to Serve: Policing in an Age of Terrorism,” Springer Verlag, New York, 2009.
[8]	D. Weisburd and A. Braga, “Police Innovation,” Cambridge University Press, New York, 2006. doi:10.1017/CBO9780511489334
[9]	S. Herzog, “Militarization and Demilitarization Processes in the Israeli and American Police Forces: Organizational and Social Aspects,” Policing and Society, Vol. 11, No. 2, 2001, pp. 181-208. doi:10.1080/10439463.2001.9964861
[10]	D. Weisburd, G. Jonathan and S. Perry, “The Israeli Model for Policing Terrorism,” Criminal Justice and Behavior, Vol. 36, No. 12, 2009, pp. 1259-1278. doi:10.1177/0093854809345597
[11]	G. Jonathan, “Police Involvement in Counter-Terrorism and Public Attitudes towards the Police in Israel: 19982007,” British Journal of Criminology, Vol. 50, No. 4, 2010, pp. 748-771. doi:10.1093/bjc/azp044
[12]	A. Braga and D. Weisburd, “Problem Oriented Policing: The Disconnected between Principles and Practice,” In: D. Weisburd and A. Braga, Eds., Police Innovation, Cambridge University Press, New York, 2006, pp. 133-152.
[13]	L. H. Robert and L. F. Travis, “Policing in America: A Balance of Forces,” Macmillan, New York, 1994.
[14]	M. Amir, “Using Force in the Law Enforcement System: Police Violent Behavior—People, Situations and Organization,” The Hebrew University, Jerusalem, 1998.
[15]	A. Carmeli and N. Shamir, “Research Report: Police Violence against Civilians,” The Security Office, Jerusalem, 2000.
[16]	J. W. E. Sheptycki, “In Search of Transnational Policing: Towards a Sociology of Global Policing,” Ashgate Publishing, Aldershot, 2002.
[17]	A. Goldsmith, “Policing and Law Enforcement,” In: A. Goldsmith, M. Israel and K. Daly, Eds., Crime and Justice: A Guide to Criminology, 3rd Edition, Law Book Company, Pyrmont, 2006, pp. 283-300.
[18]	S. Walker and C. M. Katz, “The Police in America,” 4th Edition, McGraw-Hill, Boston, 2002.
[19]	J. Fuller, “Criminal Justice: Mainstream and Crosscurrents,” Prentice Hall, Upper Saddle River, 2006.
[20]	J. S. Dempsey and L. S. Forst, “Introduction to Policing,” 3rd Edition, Thomson/Wadsworth, Belmont, 2005.
[21]	J. H. Skolnick, “Justice without Trail: Law Enforcement in Democratic Society,” John Wiley & Son, New York, 1996.
[22]	W. Skogan, “The Promise of Community Policing,” In: D. Weisburd and A. Braga, Eds., Police Innovation: Contrasting Perspectives, Cambridge University Press, New York, 2006.
[23]	D. Weisbord, O. Shalev and M. Amir, “Community Policing in Israel: Resistance and Change,” Policing: An International Journal of Police Strategies and Management, Vol. 25, No. 1, 2002, pp. 80-109.
[24]	Crank, “Understanding Police Culture,” Anderson Publishing, Cincinnati, 1998.
[25]	B. Forst, “Errors of Justice: Nature, Sources and Remedies,” Cambridge University Press, New York, 2004.
[26]	B. Ekenvall, “Police Attitudes towards Fellow Officers’ Misconducts: The Sweedish Case and a Comparison with the USA and Croatia,” Journal of Scandinavian Studies in Criminology and Crime Prevention, Vol. 13, No. 2, 2002, pp. 210-232.
[27]	H. Packer, “The Limit of the Criminal Sanction,” Stanford University Press, Stanford, 1968.
[28]	H. Larnau, “Law Reforms in Detention for Investigative Purposes,” Doctoral Thesis, Hebrew University, Jerusalem, 2001.
[29]	R. Worden, “Situational and Attitudinal Explanations of Police Behavior: A Theoretical Reappraisal and Empirical Assessment,” Law and Society Review, Vol. 23, No. 4, 1989, pp. 667-711. doi:10.2307/3053852
[30]	A. Kamir, “Feminism, Rights and Law,” The Security Office, Jerusalem, 2002.
[31]	P. Yechezkeli, A. Shalev and A. livni, “Ethical Code in the Police Administration,” Management, Vol. 7, No. 1, 1998, pp. 14-18.