Jurisdictional overlap: The juxtaposition of institutional independence and collaboration in police wrongdoing investigations

IF 3.2 2区 社会学 Q1 LAW
Jihyun Kwon
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引用次数: 0

Abstract

Introducing multiple layers of “independent” structures has become a go-to strategy for public agent oversight. The question remains whether such decentralized, overlapping structural arrangements of oversight reduce regulatory uncertainty and produce better policy outcomes. Using the case study of Ontario, Canada, I examine the consequences of institutional layering for the specific and broader goal of independent oversight and democratic policing, respectively. Semi-structured interviews with oversight officials and other key stakeholders as well as past governmental reports that led to the police oversight reform are analyzed to study the gap between the policy intention and outcome. I found that multiple “independent” investigatory agencies are meant to operate concurrently within an integrated system to ensure a responsive and comprehensive oversight system. However, their structural separation obstructs collaboration among the external agencies, causing various dysfunctional bureaucratic behaviors that undermine the overarching intention. The disconnect among different oversight authorities exacerbates their reliance on internal police-led procedures for all police misconduct inquiries. Implications of my research extend beyond policing and further the study of overlapping regulatory oversight and structural reform through institutional layering.
管辖权重叠:在警察不当行为调查中,机构独立与合作并存
引入多层“独立”结构已成为公共代理监督的首选策略。问题在于,这种分散的、重叠的监管结构安排能否减少监管的不确定性,并产生更好的政策结果。通过对加拿大安大略省的案例研究,我分别考察了机构分层对独立监督和民主警务这一具体目标和更广泛目标的影响。本文分析了对监督官员和其他关键利益相关者的半结构化访谈,以及导致警察监督改革的过去政府报告,以研究政策意图与结果之间的差距。我发现,多个“独立”的调查机构应该在一个综合系统内同时运作,以确保一个反应迅速、全面的监督系统。然而,它们的结构性分离阻碍了外部机构之间的协作,导致各种功能失调的官僚行为,破坏了总体意图。不同监督机构之间的脱节加剧了它们对所有警察不当行为调查的内部警察主导程序的依赖。我的研究的影响超出了警务和进一步研究重叠的监管监督和结构改革,通过制度分层。
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来源期刊
CiteScore
7.80
自引率
10.00%
发文量
57
期刊介绍: Regulation & Governance serves as the leading platform for the study of regulation and governance by political scientists, lawyers, sociologists, historians, criminologists, psychologists, anthropologists, economists and others. Research on regulation and governance, once fragmented across various disciplines and subject areas, has emerged at the cutting edge of paradigmatic change in the social sciences. Through the peer-reviewed journal Regulation & Governance, we seek to advance discussions between various disciplines about regulation and governance, promote the development of new theoretical and empirical understanding, and serve the growing needs of practitioners for a useful academic reference.
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