Policing Policy essay

I thought that I should write a few words about Policing Policy and what it means. I know something about this as I had charge of a Police Policy Unit in NSW for 9 years in the 1990s. Most police work is reactive – ie, something happens and police respond. One aspect of policy is to be preventative; to prevent the event happening in the first place.

These five areas can serve as examples. (These are very brief examples. They are not intended to cover all aspects of the issues – just to demonstrate what is involved.):

1. Murder. About 100 people are murdered in NSW each year. (That number has not changed for over 100 years – despite population increase.) What can be done to reduce that number? 85 of those 100 victims are related to their murderer. Most of those 85 murders are caused by:
   • domestic violence incidents – establish policies and responses to reduce domestic violence and prevent its escalation
   • child abuse – establish policies and responses to identify children at risk and (if necessary) remove them from harm
   • Note that both those policies required a huge shift in the type of police response and in public opinion. In the past, domestic violence was not seen to be in any way a police responsibility. It was a family matter – behind closed doors. Also, a good percentage of the public saw domestic violence as acceptable and normal. Huge changes in public (and police) opinion were necessary.Those necessary changes of opinion have, to a large extrent, now happened.
2. Assault. This is a direct extension of murder and overlaps with it. There is a very small step between assault and murder. If the assault goes wrong, you can have a death, an homicide. Someone who is angry enough to assault someone can be thought of as trying to ‘kill them with their fists’. Sometimes they do. Included in the 85 murder victims above who are related to their murderers are those who are assaulted by them. In addition, there are another 10 who are not related to but knew their murderer – their friends?!! (Fewer than 5% of murders in NSW are by strangers.)
   • alcohol fueled violence – establish policies and responses to reduce out of control drunkenness.
   • drunkenness (public and private) – responsible serving, strict licensing of alcohol sales. (Note, in this policy, you can predict that there will be very active opposition from publicans and sellers of alcohol and the public who resent being restricted in their ‘God given right to get drunk and beat each other up’.)
   • knives. Many assaults are carried out with knives. How can distribution and availability of knives be controlled?
3. Rape and sexual assault. As with assaults, most rapes are not reported to police. For those that are reported, 99% of sexual assaults are by family or friends. Less than 1% is ‘stranger danger’. Throwing all your effort into ‘stranger danger’ (as the media would have you do) ignores 99% of sexual assault and rape victims. All the following need very solid policies and responses:
   • domestic violence and rape in marriage
   • child abuse and paedophilia – within families and institutions
   • date rape
   • sexual harassment
   • workplace bullying and sexual assault
4. Road Safety. There is a very small step between a road crash that results in injury or serious injury and one that causes death. By all means work to reduce road deaths, however, extend that work to cover serious injury crashes and eventually to injury crashes. What causes crashes? Until the mid-1980s, in NSW, road deaths were steadily climbing at a seemingly unstoppable rate. It looked hopeless. The introduction of a 0.05% alcohol limit capped that rise. (And saw a significant shift in pubic opinion.) When I left in the late 1990s, a steady 2 people were being killed each day on NSW roads, and had been for 15 years – 2 per day, each day, every day. What else can be done?
   • speed definitely kills. Strongly enforce speed limits; extend methods of remote detection (speed cameras); use road furniture to slow traffic at places where the tendency is to speed unsafely. Victoria halved its road deaths by increasing surveillance with hidden speed cameras. A series of NSW ministers refused to implement this policy because ‘shock jocks’ would mock them about ‘revenue raising’. Victorian Premier Geoff Kennett famously said “Victoria is short of money. If you want to speed, we will catch you and you can make a donation to our economy. You don’t have to speed. But if you do speed, we will gladly take your donation.”
   • alcohol. Now that the furor of having a 0.05% alcohol limit has disappeared and public opinion has shifted, bring the limit to zero.
   • provisional drivers. People don’t settle down as drivers until they are about 25. (That mainly applies to young men – but increasingly applies to young women.) Therefore, most people have to get through 8 years after they get their license when they are a risk to themselves and everyone else. Try to eliminate identified risk factors: limit number of occupants, driving at night, alcohol, speed. Force an increase in the lenght of the probation period.
   • road furniture. You should not lose your life because of a moment’s inattention or because road conditions are bad. Work through and eliminate black spots. Current funding on black spots appears to be limited to putting signs up announcing that it is a black spot. Nowhere near enough. Fix the bloody road!
   • fatigue. Fatigue is an identified killer. Most governments have just put up a few signs or a few ads on TV. Sir Humphrey would have said ‘do the hard part in the heading’. Signs and TV are not policy. Where can drivers stop? More rest areas are needed. Don’t leave this to an occasional Apex club’s ‘Reviver Survivor’.
5. Motor Vehicle Theft. We spent a lot of time on this. Most stolen vehicles are reported. (Maybe a touch over-reported.) I liked to use Motor Vehicle Theft as a surrogate measure for ‘community safety’. (More on measures below.) 
   • Joy riding. Some people use other people’s cars to get around – instead of public transport. Make cars more difficult to start or drive away. Immobilizers. This needs manufactures to install this device during manufacture and standards to force imported cars to have them. Most of these stolen cars are recovered.
   • Re-birthing. There is a steady industry that steals cars, makes them over and re-sells them – locally, interstate, overseas. These cars are not recovered. Experienced thieves (usually kids) are given a list of required cars (make, model, colour). Labeling all car panels and parts was seen as a way to make interchange of parts harder and so reduce theft. Exchange of information across State borders on stolen cars. Customs inspections on exported containers.

Reporting is an important issue when considering these and other police statistics. All road deaths and serious crashes are reported. Almost all murders are reported. (There is a, hopefully, small gap caused by ‘missing persons’.) Almost all stolen motor vehicles are reported. (There is a slight over-reporting.) But that is it. Assaults and sexual assaults are generally not reported.

The job of police will always require response – sometimes rapid response. However, to rely only on response and abandon policies of preventative is to abandon victims and not prevent them being victims. 

Is it a police job to develop these policies? Probably not, however, someone has to do it and failing such development elsewhere, it is therefore police work. Even when the policy exists, seldom will it be police who can implement it. In many cases, legislation and regulation need to be changed; other agencies (eg, child welfare) need to be engaged and their own policies applied; in the case of cars, manufacturers forced to fit immobilizers and label all panels. (In the case of the car manufacturers ‘forced’ is right. I remember the very heated round-table with the manufacturers.) All this needs liaison at the very least, and often a very positive leading role. In almost all instances, to implement these policies, police will have to work with other agencies or organisations. In many instances, police will have a secondary role – the other agency taking the main responsibility.

What do you need to be able to do this:

• Good numbers/statistics are essential. You have to get as close as you can to the facts. You cannot let your policy be dictated by the heat of public opinion. If you do, you will throw your resources into the 1-5% of stranger danger and ignore the plight of the women/children who are quietly being raped or murdered by their fathers, uncles, priests, cousins, bosses, work colleagues, friends and dates.
• Look at what others are doing – other Australian States and other countries. Most countries and communities are having to solve the same issues, albeit to deal with their own special conditions.
• Strong political support. Always the weakest link. Almost all these well thought out, well intended policies fail because of weak-kneed politicians. As Sir Humphrey said ‘courage’ and ‘courageous’ are words that politicians run away from.
• Engage the other agency whose job it will be to take up most of the running for the new policy. If they can be brought onside to take up running the policy, they will arrange their own funding, staffing, etc.
• A good media unit that understands the policy, why it is needed and can help present the policy in the best light. Especially, to fight back when the media begins its relentless campaign to tear it down.
• Strong internal resolve.
• Constant review. Is it working? What has gone wrong? Is it being implemented? Why not? What else do we know now? What else can we do? What are the un-intended consequences?

Things will go wrong. There is no such thing as a policy without unintended consequences. Most of these are unforeseen. (An example of unintended consequences are high speed police chases – innocent bystanders are often killed or injured. Another is domestic violence and child abuse. Research shows that many of the women or children involved don’t necessarily want break-up of the family unit to be the first response – just for the violence/abuse to stop.) All policies need to be revised as the bad unintended consequences emerge or overwhelm the good effects that you wanted.

Other stuff:

• Use public opinion when you can to get your policies implemented. Think out and develop the policy. Write it up. When some major public outcry develops over some outrage have your policy ready to drop on the minister’s desk. (The best example of this in Australian politics is John Howard implementing firearm reform immediately after the Port Arthur massacre.)
• Look out for emerging trends. For example, pedestrian deaths may be increasing due to mobile phone users stepping out unaware into traffic. Has using mobile phones in cars led to an increase in crashes?
• Often it can be difficult to find a response. Often the only response that policy makers can come up with is the very weak ‘educate’. Keep trying. You have to change public opinion on many of these issues. Education, billboards and TV ads are not the way to do that.

Is this easy? No chance! Firstly, it is often difficult to find a useful policy that will address the issue. Secondly, developing policies and getting them implemented is a fairly thankless job. You will be mentally and emotionally beaten up over it. Certainly, until you achieve a change in public opinion. For every one person working towards the new policy, there will be hundreds or even thousands who are working against – ‘take us back to the good old days’. You also have the constant media outrage to any change.