Institutional reform litigation in policing: An analysis of police pattern and practice litigation.
Item
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Title
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Institutional reform litigation in policing: An analysis of police pattern and practice litigation.
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Identifier
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AAI3213150
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identifier
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3213150
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Creator
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Ortiz, Christopher W.
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Contributor
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Adviser: Dennis J. Kenney
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Date
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2006
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Language
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English
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Publisher
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City University of New York.
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Subject
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Sociology, Criminology and Penology | Law
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Abstract
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Beginning with Brown v. Board of Education, broad judicial relief known as institutional reform litigation became a means to advance the rights of traditionally under-represented groups. Since that time, it has been used to reform public education systems, mental health facilities, foster care systems, and prison systems in the United States. Most recently, institutional reform litigation has been employed as a tool to reform police systems accused of tacitly allowing misconduct and unconstitutional treatment to exist within their ranks.;This study analyzes the process and potential outcomes of institutional reform litigation in policing through the study of five police organizations currently undergoing institutional reform. This study begins with an analysis of the extant case law surrounding institutional reform litigation in policing. This is followed by a content analysis of the complaints and reform instruments in each of the five existing policing cases. Lastly, the potential outcomes and effects of institutional reform litigation are assessed. This is accomplished through a secondary analysis of two waves of a citizen survey and the administration and analysis of an officer survey from an agency that experienced institutional reform litigation.;The results demonstrate that, unlike other institutional reform examples, institutional reform litigation in policing could not be undertaken until new legislation was passed. Once promulgated, this legislation allowed the federal government entree into police organizations accused of allowing two distinct types of misconduct; traditional misconduct and disparate treatment misconduct. The results also reveal that regardless of the misconduct alleged, the managerial omissions remained consistent and appeared to be the more actionable complaint. Finally, the results of the surveys demonstrate that citizens and police officers hold differing opinions of the impacts of institutional reform litigation, but in the end, citizens appear to perceive vast improvements in policing across dimensions of effectiveness and treatment of citizens. This work concludes with a discussion of the legitimacy of the policy of institutional reform litigation in policing.
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Type
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dissertation
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Source
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PQT Legacy CUNY.xlsx
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degree
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Ph.D.
