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2007 Assessment

United States: Integrity Indicators Scorecard

United States: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators   Score
80 Is the law enforcement agency (i.e. the police) effective? 92
81 Can law enforcement officials be held accountable for their actions? 92

Indicator and sub-Indicator Details

80 Is the law enforcement agency (i.e. the police) effective?
 
  80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.
 
Score: 100  75  50  25  0  score
  Comments:

References: Unlike many countries, law enforcement in the United States is primarily a local matter, thereby making generalizations difficult. Even at the federal level, there are many different law enforcement agencies, including th FBI, Marshal Service, Secret Service, diplomatic protection, border patrol, airport security, etc. In general, however, most high level law enforcement appointees have professional experience. See, for example, [ LINK ]

  80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.
 
Score: 100  75  50  25  0  score
  Comments:

References: As noted above, the FBI's budget for 2007 was over $6 billion, while the Marshal's Service budget was over $800 million. [ LINK ]; [ LINK ]

Even local police departments are typically well funded (D.C.'s Metropolitan Police Department's FY 2005 budget totaled $398 million). However, funding may or may not directly affect the quality of enforcement, and many large urban cities face continued criticisms about poorly trained and inefficient police forces (e.g., Washington DC being a prime example). "Fenty Loath To Extend Emergency Crime Bill," Washington Post, September 30, 2006; Page B1

  80c: In practice, the law enforcement agency is protected from political interference.
 
Score: 100  75  50  25  0  score
  Comments:

References: Federal agencies (e.g, the FBI) have been well covered on this matter above. At the local level, police chiefs are appointed by the local executive (e.g., mayor) and as such often reflect political concerns of that executive or other political leaders (e.g., city council). Washington D.C.'s recent "crime emergency" provides an illustrative example, as evidence indicates the "emergency" may have had more to do with political concerns than an empirically-based increase in crime. "Crime: Up or Down? One month into the official crime 'emergency,' where are we?" Washington Post editorial, August 19, 2006.

Peer Review Comments: Would this be an appropriate place to discuss the controversy surrounding the politicization of the Justice Department and the US prosecutors?

81 Can law enforcement officials be held accountable for their actions?
 
  81a: In law, there is an independent mechanism for citizens to complain about police action.
 
Score: YES  NO score
  Comments:

References: Police departments generally maintain some system to field citizen complaints. D.C.'s Metropolitan Police Department's Office of Police Complaints is responsible for this function. [ LINK ]

  81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments:

References: The decentralized nature of U.S. law enforcement makes it extremely difficult to assess this accurately. As above, large, urban police departments earn greater criticism for their lack of responsiveness. The 2005 killing of New York Times reporter David E. Rosenbaum in Washington, DC is an illustrative example. Colbert King, "The Death of David Rosenbaum," Washington Post, February 25, 2006, p. A17.

  81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.
 
Score: YES  NO score
  Comments:

References: Depending on the nature and extent of the corruption, cases are handled either by the specific department's internal affairs division or by the U.S. Department of Justice.

  81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.
 
Score: 100  75  50  25  0  score
  Comments:

References: The aggressiveness of investigations varies significantly by jurisdiction. The Department of Justice is responsible for overall investigation (FBI) and prosecution (Public Integrity Section) of government officials. U.S. Response to OAS First Round Questionnaire, [ LINK ] [ LINK ]

  81e: In law, law enforcement officials are not immune from criminal proceedings.
 
Score: YES  NO score
  Comments:

References: Law enforcement officers enjoy no special immunity. [ LINK ]

  81f: In practice, law enforcement officials are not immune from criminal proceedings.
 
Score: 100  75  50  25  0  score
  Comments:

References: While investigation of law enforcement officers may be lax on some occasions, immunity is not an impediment. See above.

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