The Concept of the Police

• Published in: Criminal law and philosophy Vol. 17; no. 3; pp. 573 - 595
• Main Author: Miller, Eric J.
• Format: Journal Article
• Language: English
• Published: Dordrecht Springer Netherlands 01-10-2023; Springer Nature B.V
• Subjects: Criminal law; Criminal Law and Criminal Procedure Law; Criminal procedure; Emergencies; Ethics; Law; Law and Criminolgy; Law schools; Legal History; Nonviolence; Original Paper; Philosophy; Philosophy of Law; Theories of Law; Trespassing; Violence; Policing; Police; Philosophy; Criminal procedure
• ISSN: 1871-9791; 1871-9805
• DOI: 10.1007/s11572-023-09682-8

The organization of the modern police is a contingent social choice about how to engage in the process of governance when regulating public order on the street. The police are the agency authorized to act upon the state’s duty to govern in response to public emergencies. The duty to govern exists when there is some urgent social need that could be resolved by acting, and some person or institution has the resources and ability to do that act. The duty is impersonal: anybody with the relevant skill set is obligated to act to address the relevant need. Problems can arise, however, when too few individuals respond or too many compete to resolve the need. A core feature of governance, then, is to create publicly recognized institutions with special authority, resources, and abilities to address the demand for public services when someone needs to step in and do something to the exclusion of ordinary members of the public. Police agencies are further characterized by various powers and duties. These powers are normative powers to change the legal status of the people with whom the police interact, rather than physical powers to use some amount of violence to coerce individuals to comply with police demands. The core powers of the police include the powers to make authoritative determinations about how to respond to an emergency, to detain individuals, and to trespass upon their person or property, along with conjoined duties to govern, to protect, and to intervene at risk to themselves. The dominant approach attempts to distinguish the police from other institutions using the police ability to use violent to respond to public emergencies. On the governance based model of the police, however, the ability to use force is simply one of the resources available to the police, and does not mark them off as different from other public governance agencies.