The Role and Challenges of Police Internal Investigations in the United States

In the United States, police departments typically conduct internal investigations (IA) of their officers due to their authority and organizational structure. This article explores why police agencies often handle such investigations, the challenges they face, and the role of external oversight in ensuring accountability and fairness in law enforcement.

Why Police Agencies Conduct Internal Investigations

The primary reason police agencies are able or allowed to conduct internal investigations on their own officers is because they possess the authority to do so. Police departments have the unique position to be the first to receive complaints against their officers. Approximately 90% of complaints against law enforcement are ultimately deemed unfounded, often due to a lack of evidence or insufficient information.

Authority to Conduct Investigations

Authority and Compliance: Police departments have the authority to force employees to cooperate during an internal investigation under threat of punishment for insubordination. This means that if an outside agency attempts to investigate an officer, the officer is likely to resist, stating, “take a hike. This makes it difficult for external investigators to gather the necessary information.

No Need for External Interference: No agency wants to investigate another department’s employees, as it can be time-consuming and resource-intensive. However, this does not mean external oversight is unnecessary. It simply highlights the need for a balanced approach to ensure fair and thorough investigations.

Logistics and Limitations

While police departments are the first to receive complaints, they must log and report all complaints, regardless of their perceived validity. This process ensures that even ridiculous complaints are documented and reviewed. Prosecutors ultimately have the authority to decide whether a case should be taken over or handled by the internal investigation unit.

Checks and Balances

A system of checks and balances is in place to ensure that internal investigations are conducted fairly and transparently. This system includes collaboration with prosecutors, who may assign their own personnel to work with the internal investigation team or take over the case if necessary. The final report must be thorough and accurate, reflecting the results of the investigation.

Organizational Structure and External Oversight

In the United States, police departments are typically operated by local governmental bodies such as villages, cities, counties, or states. These governments have the responsibility to decide how alleged misconduct will be investigated. For the vast majority of organizations, both public and private, internal investigations are the standard practice, making it natural for police officers to follow the same procedure.

However, some governments have decided to require investigation by an external agency for serious incidents. Such incidents may trigger the involvement of county sheriffs' offices, state bureaus of investigation, or nearby city agencies. Additionally, civilian oversight boards can be part of the process, providing an additional layer of accountability and transparency.

Conclusion

The role of internal investigations in police departments is crucial but also presents challenges. Balancing the need for accountability with the practical limitations of conducting internal investigations requires a thoughtful and structured approach. By understanding these dynamics, we can work towards a more transparent and effective system of law enforcement accountability.