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Policing in Emerging Democracies: Workshop Papers and Highlights T O EN F J TM U R ST U.S. Department of Justice A I P C E E D B O J C S F A Office of Justice Programs V M F O I N A C I J S R E BJ G O OJJ DP O F PR National Institute of Justice JUSTICE National Institute of Justice Research Report Policing in Emerging Democracies: Workshop Papers and Highlights National Institute of Justice U.S. Department of Justice Bureau of International Narcotics and Law Enforcement Affairs U.S. Department of State Washington, D.C., December 14–15, 1995 U.S. Department of Justice Office of Justice Programs 810 Seventh Street N.W. Washington, DC 20531 Janet Reno Attorney General U.S. Department of Justice John C. Dwyer Acting Associate Attorney General Laurie Robinson Assistant Attorney General Jeremy Travis Director, National Institute of Justice Justice Information Center World Wide Web Site http://www.ncjrs.org Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of the U.S. Department of Justice. The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. NCJ 167024 Policing in Emerging Democracies: Workshop Papers and Highlights National Institute of Justice, U.S. Department of Justice Bureau of International Narcotics and Law Enforcement Affairs, U.S. Department of State Washington, D.C., December 14–15, 1995 October 1997 iii Contents Workshop Overview and Highlights................................................................................................. 1 Opening Remarks ............................................................................................................................ 7 Jeremy Travis Robert Gelbard Paper ............................................................................................................................................... 9 Principles of Democratic Policing Philip B. Heymann Keynote Address............................................................................................................................ 25 American Law Enforcement Perspectives on Policing in Emerging Democracies Raymond W. Kelly Paper ............................................................................................................................................. 29 Toward Democratic Policing: Rethinking Strategies of Transformation Clifford Shearing Reflections on Day One ................................................................................................................. 39 Strategic Implications Michael Smith Paper ............................................................................................................................................. 45 Reflections on the Transfer of Knowledge to Support Democratic Policing in Hungary and Romania Deborah G. Wilson and William F. Walsh Paper ............................................................................................................................................. 59 Who Are We Kidding? or Developing Democracy Through Public Reform David H. Bayley Workshop Wrap-Up....................................................................................................................... 65 Where Do We Go From Here? Mark H. Moore Appendixes .................................................................................................................................... 75 v Preface For some time, the United States has offered training and technical assistance to police organizations in other countries. Over the past several years, there has been an unprecedented opportunity to do so within the context of state reform in countries making the transition to democracy. As a result, the agencies of the U.S. Government that administer this assistance have expanded their training activities and changed the focus of the assistance provided. The Department of State and the Department of Justice have built a strong and evolving partnership in this arena. These two U.S. Government Departments seek to promote the development of effective and accountable police services in countries where the difficult transition to democratic forms of gov- ernment is taking place. Both agencies also recognize that fundamental questions remain about the most effective strategies for fostering such reform. To pose these questions and to challenge traditional assumptions, we hosted a workshop on policing in emerging democracies and commissioned papers from leading academics who have reflected on these issues. The workshop was cosponsored by the State Department’s Bureau of International Narcotics and Law Enforcement Affairs and the National Institute of Justice, the research arm of the Department of Justice. Attending the workshop was an impressive group of scholars and practitioners, representing the experiences of more than 20 nations in developing democratic police functions. Also participating were representatives of each of the Federal agencies now engaged in providing training and technical assistance abroad. The keynote speaker was Raymond W. Kelly, former Police Commissioner of New York City, who had recently returned from overseeing the international polic- ing operation in Haiti. The exchange of ideas that took place at the workshop, and the papers reproduced here, will serve as a rich resource to be tapped in shaping policy in the future. We wish to express our thanks to the participants, particularly those who wrote the foundation papers and who provided the synthesis of the proceedings. It is our hope that the discussions inspired by the workshop will continue and expand in the years to come. Timothy E. Wirth Under Secretary for Global Affairs U.S. Department of State Jeremy Travis Director National Institute of Justice U.S. Department of Justice 1 Workshop Overview and Highlights Haiti, South Africa, and numerous countries in U.S. Justice Assistance for Policing in Eastern Europe and Central America have been Other Countries working in the past several years to build demo- cratic institutions of government to take the place Several agencies of the U.S. Government offer of authoritarian forms. A major government justice assistance to the police in other countries. It institution in any country, the police in these takes the form of training and technical assistance emerging democracies are a current focus of to help combat such crimes as firearms and drug attention. In emerging democracies as elsewhere, trafficking, money laundering, and currency the police are the government’s face—the institu- counterfeiting; and programs aimed at improving tion citizens come into contact with on a daily law enforcement techniques (by building forensics basis more often than others. In countries where capabilities and providing firearms training, for the police have been an instrument of repression example). These efforts to aid criminal justice rather than democracy, building citizen confidence agencies abroad have increased dramatically in in this institution is a particular challenge. recent years. One reason is the growth of transnational crime, which affects domestic law The United States currently offers technical assis- enforcement because it victimizes U.S. citizens, tance to the police in emerging democracies and and the other is the transition to democracy occur- other countries. The two agencies most active in ring in the newly independent states of the former providing this assistance, the U.S. Department of Soviet Union and elsewhere, a process the United State and the U.S. Department of Justice, are States supports as a foreign policy objective. That collaborating on ways to expand and disseminate involves support for the police as an institution information that can promote modern, democratic affected by the reform process. The expansion of policing practices based on the rule of law, support U.S. assistance for policing and the need for international justice assistance, and help shape information that can shape public policy related to future policy. One outcome of that collaboration this assistance provided the impetus for the work- has been an exchange of ideas and experiences shop on policing in emerging democracies. (A among professionals in criminal justice research detailed discussion of current U.S. justice assis- and law from the United States and abroad, police tance for policing is in appendix A.) officials, and Federal policymakers. That exchange took place at a workshop on policing in emerging The Workshop and Its Goals democracies sponsored by the Bureau of Interna- The 2-day workshop on policing in emerging tional Narcotics and Law Enforcement Affairs, democracies, held in Washington, D.C., in Decem- Department of State, and the National Institute of ber 1995, brought together 64 participants to Justice, Department of Justice. A key component exchange information and ideas as a means of of the workshop was a series of papers presented contributing to the body of knowledge on the by experts in law and criminology. These papers topic. (A list of attendees is in appendix B.) form the basis of this report. Complementing that exchange were presentations 2 of experiences in the field and suggestions that ■ The strategy must have legitimacy and attract could be incorporated into the development of support from those who are in a position to policy on assisting police in emerging democra- provide
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