Constitutional Legality means following the constitutional law applicable to law enforcement. It is the letter of the law and provides the basis for a Policing Practitioner. It requires professional knowledge of the applicable constitutional provisions that are learned in the cognitive domain.
Constitutional Legitimacy is the ethical dimension of Constitutional Policing that goes beyond legality. It is based on the spirit of the law and recognizes the guardian role of the police officer as a protector of rights. Constitutional Legitimacy is essential for establishing trust in the exercise of police authority. Through cultural development in the affective domain, the officer develops attitudes and beliefs that create an appreciation for the incredible amount of trust placed in them by the people they serve. Constitutional Legitimacy is what prevents the “lawful but awful” policing scenario.
Constitutional Policing is achieved as a result of combining Constitutional Legitimacy with Constitutional Legality. It is the difference between being a Policing Practitioner and a Policing Professional.
Policing Legitimacy is the legitimacy required for law enforcement officers to gain the trust, respect, and support of the people that they serve. It has two components: Constitutional Legitimacy and Community Legitimacy.
Community Legitimacy is the legitimacy beyond Constitutional Legitimacy that is required to build trust, respect, and cooperation within a specific community. Whereas Constitutional Legitimacy is equally applicable to all law enforcement officers, Community Legitimacy is unique to the law enforcement officers who serve a specific community. Community Legitimacy is the goal of Community Policing.
Community Policing is built upon the foundation of Constitutional Policing and recognizes the unique policing issues related to the cultural aspects and policing needs of a particular community. Community Policing efforts can vary greatly from one “community” (usually a municipality) to another.
A Policing Practitioner is a sworn police officer who has received the minimum amount of training required to perform his/her law enforcement duties with constitutional legality.
A Policing Professional is a sworn police officer who has the training and experience necessary to perform his/her law enforcement duties with policing legitimacy.