Policing transgender people: discretionary police power and the ineffectual aspirations of one Australian police initiative

Abstract

Police policy documents often articulate strategies and approaches that police organizations want to implement in their efforts to break down barriers with minority groups. However, most police policy documents are written for police audiences and not for members of the public. Police policy documents serve as a reflection of the aspirations of the agency and not necessarily the practice of the officers. Differential policing has been a salient experience for members of transgender communities because, as individuals who express gender in ways that deviate from the norm, they have experienced numerous documented cases of police mismanaged practice. In Australia, achieving police reform in the area of policing of diverse community groups has been difficult as new initiatives implemented to educate police officers about diverse groups such as transgender communities are scarce. My study sought to analyze a police policy document to assess how one police agency’s policy aspires to shape police contact/experiences with transgender people and how this document might shape intergroup identity differences between transgender people and the police. It is argued that the policy document will negatively affect police perceptions of transgender people and may enhance adverse perceptions of intergroup difference between police and transgender people. I also argue that using this document to achieve police reform in the area of policing of transgender people will be problematic as the policy document lacks substantial procedural guidelines regarding interaction with transgender people and may not favorably constrain discretionary police power.

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