Zero Tolerance - Criticism

Criticism

Some critics have argued that "Zero tolerance" policing violates the Law Enforcement Code of Conduct passed by the International Association of Chiefs of Police, which says in part: "The fundamental duties of a police officer include serving the community, safeguarding lives and property, protecting the innocent, keeping the peace and ensuring the rights of all to liberty, equality and justice" (cited in Robinson, 2002). This code requires that police behave in a courteous and fair manner, that they treat all citizens in a respectable and decent manner, and that they never use unnecessary force. As Robinson (2002: 206) explains:

Zero-tolerance policing runs counter to community policing and logical crime prevention efforts. To whatever degree street sweeps are viewed by citizens as brutal, suspect, militaristic, or the biased efforts of 'outsiders,' citizens will be discouraged from taking active roles in community building activities and crime prevention initiatives in conjunction with the police. Perhaps this is why the communities that most need neighborhood watch programs are least likely to be populated by residents who take active roles in them.

Critics say that zero-tolerance policing will fail because its practice destroys several important requisites for successful community policing, namely police accountability, openness to the public, and community cooperation (Cox and Wade 1998: 106).

Opponents of zero tolerance believe that such a policy neglects investigation on a case-by-case basis and may lead to unreasonably harsh penalties for crimes that may not warrant such penalties in reality. Another criticism of zero-tolerance policies is that it gives officers and the legal system little discretion in dealing with offenders. Zero-tolerance policies may prohibit their enforcers from making the punishment fit the crime.

It also may cause offenders to go all out, knowing if the punishment is the same for a little or a lot. This phenomenon of human nature is described in an adage that dates back to at least the 17th century, "might as well be hanged for a sheep as a lamb": until 1820, the English law prescribed hanging for stealing anything worth more than one shilling, whether that was a low-value lamb or a whole flock of sheep.