| Review of: | Changing the Guard: Developing Democratic Police Abroad by David H. Bayley |
|---|---|
| Reviewed By: | Matthew Jones |
| Reviewed in: | Public Administration Review |
| Date accepted online: | 02/11/2007 |
| Published in print: | Volume 67, Issue 03, Pages 592-594 |
Book Reviews: Changing the Guard
What do we really know about reforming the police in postconflict nations and failed states? This is one of the pivotal questions that David Bayley attempts to answer in this concise, self-described "how to" book (v). The book's brevity, however, does not detract from the enormousness of the topic and the vast amount of fruitful information the author provides within its covers. As the international community-and the United States in particular-is currently engaged in attempts to reform police forces abroad, this a timely piece. Yet, as Bayley notes, despite this proliferation of democratic police reform, no manual exists for policy makers, police advisors, and reformers to turn to in this endeavor.
One might initially ask why there is such a strong multilateral effort to reform foreign police services into more democratic institutions. The assumption behind building democratic police forces is that "what the police do critically affects the character of government" (17). The nature of policing in a country not only affects the lives of its citizens but also is an indicator of the character of the government. Furthermore, police actions have a profound effect on the vivacity of the political process. This relationship resonates with perhaps the most profound and enlightening statement found in this book: "Police actions shape democratic political life by maintaining the boundary conditions in which it takes place" (18). The author is keen to point out that although the development of democratic governments requires the creation of a democratic police force, this democratic police reform does not necessarily ensure the creation of a democratic government. As the literature and past experiences have shown, many other factors help to shape the sustainability of a democratic government.
Bayley describes this work as a "how to book," and subsequently he presents four institutional reforms that he believes foreign assistance should promote in the police if the goal is a democratic government based on constitutionalism. These four reforms are as follows:
Police must be accountable to law rather than to government.
Police must protect human rights, especially those rights that are required for the sort of political activity that is the hallmark of democracy.
Police must be accountable to people outside the organization who are specifically designated and empowered to regulate police activity.
Police must give top operational priority to servicing the needs of individual citizens and private groups (19).
A police force that is democratically reformed supports democracy in two ways. First, a reformed police force is accountable to a diverse set of people, particularly individuals. Second, it enhances the legitimacy of government by demonstrating that the authority of the state will be used in the interests of the people (21). After all, the police typically act as the most visible representative of the government. Based on this, Bayley makes the insightful statement that the reform of police services would do more for the legitimacy of government than any other reform program-and the effects would immediately be felt (21).
If police reform is such a high priority in the expanded effort to build capacity for democracy, why, then, is there no documentation or official program guide as to how the effort should be carried out? Bayley leads the reader through the bureaucratic maze by providing a clear explanation and discussing the programs and policies of the United States.
First, the responsibility for foreign police assistance is undertaken as a varying series of exemptions, as Section 660[a] of the Foreign Assistance Act of 1961 actually places a blanket prohibition on assisting police abroad. Second, not only is the authorization to undertake such endeavors scattered in legislation, but so, too, are the agencies charged with implementing the assistance. Third, police assistance is not one category but covers innumerable activities. Police assistance may be covered under such programs as the rule of law, counternarcotics, or national security, to name just a few. Fourth, the supplementary legislation that authorized the U.S. Department of Defense to stabilize and reconstruct Afghanistan and Iraq includes money that is passed on to civilian agencies of the U.S. government. As a result, it is difficult to determine the amount of funds that actually go to police assistance. Finally, assistance to police abroad may purposely be concealed from the public and embedded within the Central Intelligence Agency's budget. The upshot is that foreign police assistance is substantial (Bayley estimates $635 million in 2004), yet is dispensed without any clear legislative intent. Consequently, American foreign assistance for police reform abroad is provided in an ad hoc manner, responding primarily to criminal threats to the United States rather than having the ambition of increasing democratic criminal justice practices (48).
In
This book is insightful in that it assigns importance to both strategic vision and tactical skill in promoting foreign police reform. Among Bayley's many recommendations is the provision of a comprehensive plan based on local circumstances that includes the rule of law, human rights, accountability, and responsiveness. Providing assistance that is adaptable to local conditions is of vital importance. Americans typically like to advocate a decentralized community policing approach. Yet there is little evidence within the United States that such a structure is truly successful across the spectrum of states and municipalities, let alone in a country with a political culture that is unlike our own.
During this conversation, one must ask whether this vast amount of foreign assistance to reform the police has helped to make the police more democratic and create an architecture that is supportive of a transition to a democratic government. Bayley's observations include the following:
It would be idealistic to expect that providing assistance to the police will achieve a democratic government, although it may be a component of that effort.
Assistance may induce police reform, but it may be trivial and cursory.
The actual impact of assistance on local law enforcement capabilities is unknown (117).
In all, according to Bayley, the evidence indicates that foreign assistance has only a slight impact on democratic government and police practice.
However, given the last statement, the author notes one should take into account that the data available to researchers on this topic are minimal. Data sets containing measures of comparative police practices are virtually nonexistent. There has been little evaluation in this field, and the studies that have been done have been qualitative in nature. As a result, Bayley calls for the development of a calculus to provide a set of conditions indicating when reform assistance is likely to have a positive impact and when it seems that it will certainly fail. Moreover, given the emphasis that the United States places on evaluation, a comprehensive evaluation plan should be enacted to determine and measure whether the provision of assistance is worthwhile.