Policing (Justice Series) 3rd Edition - PDF Ebook Copy 1

POLICING
6JKTF'FKVKQP
John L. Worrall
Professor of Criminology
University of Texas at Dallas
Frank Schmalleger
Distinguished Professor Emeritus
University of North Carolina at Pembroke
330 Hudson Street, NY, NY 10013

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Library of Congress Cataloging-in-Publication Data

Names: Worrall, John L., author. | Schmalleger, Frank, author.
Title: Policing / John L. Worrall, Frank Schmalleger.
Description: Third edition. | Boston : Pearson, [2018] | Includes index.
Identifiers: LCCN 2016039884 | ISBN 9780134441924 (alk. paper) |
ISBN 0134441923 (alk. paper)
Subjects: LCSH: Police—United States. | Law enforcement—United States. |
Criminal justice, Administration of—United States.
Classification: LCC HV8139 .W67 2018 | DDC 363.2/30973—dc23 LC record available at
https://lccn.loc.gov/2016039884
10 9 8 7 6 5 4 3 2 1
ISBN 10: 0-13-444192-3
ISBN 13: 978-0-13-444192-4
SVE ISBN 10: 0-13-445360-3
ISBN 13: 978-0-13-445360-6
Dedication
For Margie Malan. Thanks
for your constant love and
support.
J. L. W.
For law enforcement officers
everywhere. Thanks for all
that you do and for the risks
that you take so the rest of
us don’t have to.
F. S.
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Brief Contents
Part 1 Foundations
CHAPTER 1 Origins and Evolution of American Policing 1

CHAPTER 2 Policing in the American Context 15
CHAPTER 3 Law Enforcement Agencies and Their Organization 36
Part 2 A Career in Policing
CHAPTER 4 Becoming a Cop 57

CHAPTER 5 Police Subculture 75
CHAPTER 6 Police Discretion and Behavior 92
Part 3 On the Job
CHAPTER 7 Core Police Functions 110

CHAPTER 8 Community Policing and Community Involvement 129
CHAPTER 9 Policing in the Modern Era 146
Part 4 Legal Issues
CHAPTER 10 Policing and the Law 167

CHAPTER 11 Civil Liability and Accountability 186
Part 5 Challenges
CHAPTER 12 Deviance, Ethics, and Professionalism 203

CHAPTER 13 The Use of Force 220
v
Contents
Preface xiii
Part 1 Foundations
Chapter 1 Origins and Evolution of American Policing 1

The Origins of Policing 2
From Private to Public Policing 2
The Influence of the English Model 3
Policing Comes to America 3
Policing Eras 6
The Political Era 6
The Community Era 8
A New Era? 9
Beyond Local Law Enforcement 10
The Emergence of State Agencies 10
The First Federal Agencies 10
THE CASE: Building a Better Police Department 11
Summary and Key Concepts 12
References 13
Chapter 2 Policing in the American Context 15

Policing in American Government 16
Policing in a Democracy 16
Policing and Federalism 17
The Police Organizational Environment 18
The Community 18
Government Officials 20
The Media 24
Other Law Enforcement Agencies 26
Police as a Piece of the Criminal Justice Puzzle 27
The Criminal Justice Process 27
Relationships with Prosecutors 28
Relationships with Corrections Officials 29
THE CASE: Judicial Control over Police Practice 30
References 33
vii
Chapter 3 Law Enforcement Agencies
and Their Organization 36
Agencies of Law Enforcement 37
How Many Are There? 37
Federal Agencies 37
State Agencies 44
Local Agencies 47
The Organization of Law Enforcement Agencies 48
How Police Departments Differ from Other Organizations 48
Traditional and Contemporary Organization 49
Private Policing and Security 50
Private Security versus Private Policing 51
Private Policing versus Public Policing 51
Controversies in Private Policing 52
THE CASE: Joe Arpaio, “America’s Toughest Sheriff” 53
References 55
Part 2 A Career in Policing
Chapter 4 Becoming a Cop 57

Hiring and Training 58
The Hiring Decision 58
The Academy and Field Training 60
The Academy 61
Field Training and Development 61
Diversity and Discrimination 63
Equal Employment Opportunity 63
Reverse Discrimination: A Backlash? 65
Realities of the Job 66
Stress 66
Fatigue 67
Sexual Harassment 68
THE CASE: Too Smart to Be a Cop? 69
References 71
Chapter 5 Police Subculture 75

Culture: What Is It? 76
Culture versus Subculture 76
Elements of Culture 76
Sources of Police Subculture 78
Organizational Factors 79
The Street Environment 79
viii Contents
Administration 80
Other Criminal Justice Agencies 80
The Media 80
Components of Police Subculture 81
Control of Territory 81
Use of Force 82
Danger, Unpredictability, and Suspicion 83
Solidarity 85
Other Components of Police Subculture 86
THE CASE: Police Subculture and Officer Stress 88
References 90
Chapter 6 Police Discretion and Behavior 92

Defining Discretion 93
Classic Studies of Police Discretion 94
The Pros and Cons of Police Discretion 97
Discretion and Seniority 97
Explaining Police Behavior 98
The Universalistic Perspective 98
The Particularistic Perspective 98
Socialization or Predisposition? 100
Police Decision Making 100
Organizational Factors 100
Neighborhood Factors 101
Situational Factors 101
Individual Officer Characteristics 103
THE CASE: Depolicing and Rising Crime 105
References 107
Part 3 On the Job
Chapter 7 Core Police Functions 110

The Police Mission 111
Patrol 112
Types of Patrol 112
The Response Role 115
The Traffic Function 116
Peacekeeping and Order Maintenance 119
Managing Disorder and Quality-of-Life Issues 119
Civil Disobedience and Crisis Situations 119
Investigations 120
The Evolution of Investigations 121
Contents ix
Investigative Goals and Process 122
Undercover Work 122
THE CASE: High-Tech Innovation Meets Law
Enforcement 124
References 126
Chapter 8 Community Policing and Community

Involvement 129
Community Justice and Problem-Oriented Policing 130
Community Justice 130
Problem-Oriented Policing 131
Community Policing 131
The Birth of Community Policing 132
Definitions of Community Policing 132
The Extent of Community Policing 133
Critical Views of Community Policing 134
Examples of Community Policing 135
Community Policing and Antiterrorism 137
Citizen Involvement and Civilianization 138
Citizen Patrol and Citizen Police Academies 138
Civilianization 138
Third-Party Policing 139
Beyond the Criminal Law 140
THE CASE: A Digital Partnership with the Community 141
References 143
Chapter 9 Policing in the

Modern Era 146
The Imprint of Technology on Policing 147
Crime Mapping 147
Geographic Profiling 148
Crime Intelligence Systems 148
Predictive Analytics 149
Automated License Plate Recognition 149
Websites and Social Media 150
Compstat 150
Computer-Aided Drafting 152
Computer-Assisted Training 152
Intelligence-Led Policing 152
Intelligence 152
Why Intelligence Is Important 154
The Intelligence Process 154
The Nature of Intelligence-Led Policing 154
x Contents
Evidence-Based Policing 156
Smart Policing 156
Policing in an Age of Terrorism 157
Federal Agencies and Antiterrorism 158
Information Sharing and Antiterrorism 159
THE CASE: Encryption Technologies and Personal Rights 161
References 164
Part 4 Legal Issues
Chapter 10 Policing and the Law 167

Search and Seizure 168
When the Fourth Amendment Applies 168
Defining Search and Seizure 169
Justification 170
The Rules of Search and Seizure 171
Other Search-and-Seizure Issues 175
Confessions and Interrogations 177
Three Approaches to Confession Law 177
Other Miranda Issues 179
The Importance of Documenting a Confession 181
THE CASE: Probable Cause to Search? 182
References 184
Chapter 11 Civil Liability and Accountability 186

Civil Liability 187
Section 1983 Liability 187
State Tort Liability 189
Other External Accountability Measures 190
Citizen Oversight 190
Citizen Complaints 192
Agency Accreditation 192
The Exclusionary Rule 193
Criminal Prosecution 195
Accountability from the Inside 196
Internal Affairs 196
Functions and Procedures 196
Codes of Ethics 197
Sentinel Event Reviews 197
THE CASE: A Record-Keeping Mistake 198
References 200
Contents xi
Part 5 Challenges
Chapter 12 Deviance, Ethics, and Professionalism 203

Discovering Deviance 204
The Wickersham Commission 205
The Knapp Commission 205
Typologies of Deviance 205
The Dark Side of Policing 205
Classifying Corruption 206
Police Misconduct 207
Other Forms of Deviance 209
Examples of Police Deviance 211
Explanations, Incidence, and Controls 212
Explaining Police Deviance 212
How Common Is Police Deviance? 213
Controlling Police Deviance 214
THE CASE: Manslaughter and A Probationary Sentence 216
References 218
Chapter 13 The Use of Force 220

Use of Force 221
Levels of Force 221
Use-of-Force Policy 222
Applications of Force 223
Deadly Force 224
Legal Standards 224
Patterns of Deadly Force 225
Suicide by Cop 226
Nondeadly Force 226
Legal Standards 226
Less Lethal Weapons 227
Conducted Energy Devices 228
Excessive Force and Abuse of Authority 229
Types of Excessive Force 229
THE CASE: The Michael Brown Shooting 232
References 234
Glossary 237
Name Index 247
Subject Index 251
xii Contents
Preface
Introducing the Justice Series Chapter 4. The chapter now begins with a discussion of
drug decriminalization and police hiring.
and instructional designers come together,
When focused on one goal—improving student Chapter 5. The chapter now begins with discussion of the
best-selling performance across the CJ curriculum— dangers and unpredictability of police work. It ends with a
authors you come away with a groundbreaking new case study of police subculture and officer stress.
series of print and digital content: the Chapter 6. The relationship between de-policing and rising
Justice Series. crime is explored.
Several years ago, we embarked on a journey to create
Chapter 7. A discussion of predictive policing begins the
affordable texts that engage students without sacrificing aca-
chapter, and it concludes with an exploration of the police
demic rigor. We tested this new format with Fagin’s CJ 2010
use of drones.
and Schmalleger’s Criminology and received overwhelming
support from students and instructors. Chapter 8. This chapter now continues discussion of the
The Justice Series expands this format and philosophy 2015 President’s Task Force on 21st Century Policing.
to more core CJ and criminology courses, providing afford- Chapter 9. Several new technological additions to the law
able, engaging instructor and student resources across the enforcement tool chest are covered, including predictive
curriculum. As you flip through the pages, you’ll notice this analytics, automated license plate recognition, the use of
book doesn’t rely on distracting, overly used photos to add body-worn cameras, and social media.
visual appeal. Every piece of art serves a purpose—to help
Chapter 10. The chapter begins with discussion of the 2014
students learn. Our authors and instructional designers
U.S. Supreme Court case of Riley v. California, which dealt
worked tirelessly to build engaging info-graphics, f low-
with the question of whether a police officer’s warrantless
charts, and other visuals that flow with the body of the text,
search of an arrestee’s cell phone violates the Fourth
provide context and engagement, and promote recall and
Amendment.
understanding.
We organized our content around key learning objectives Chapter 11. The chapter begins with discussion of the 2015
for each chapter and tied everything together in a new objec- U.S. Supreme Court case of Mullenix v. Luna, in which the
tive-driven end-of-chapter layout. Not only is the content Court tussled with the thorny issue of determining whether
engaging to the student, but it’s easy to follow and focuses the the doctrine of qualified immunity applied to a police offi-
student on the key learning objectives. cer’s use of deadly force when a lower court had ruled that
Although brief, affordable, and visually engaging, the Jus- it did not. A new section on “sentinel event reviews” is
tice Series is no quick, cheap way to appeal to the lowest com- included toward the end of the chapter.
mon denominator. It’s a series of texts and support tools that are Chapter 12. The new end-of-chapter case highlights the
instructionally sound and student approved. possibility of receiving a probationary sentence for
manslaughter.
New to This Edition Chapter 13. The chapter begins with discussion of the 2016
This, the third edition of Policing, was extensively revised Washington, D.C.-based Police Executive Research
and updated with the latest research, statistics, and court Forum’s report entitled, Use of Force: Taking Policing to a
cases available. Several changes have been made throughout Higher Standard. The section on use-of-force policy has
the book, including coverage of the President’s Task Force on been updated to reflect the most recent changes to law
21st Century Policing. Case studies at the end of each chap- enforcement practice. The section on “applications of
ter have also been updated, and highlight the latest issues fac- force” has been updated to include the most recent data, as
ing police administrators. Key chapter-by-chapter revisions has the section on patterns of deadly force.
include:
Chapter 1. The President’s Task Force on 21st Century
Additional Highlights to the
Policing is discussed. The end-of-chapter case now dis-
cusses building a better police department. Authors’ Approach
Chapter 2. The end-of-chapter case now discusses New • A solid historical foundation is laid—with attention to the
York City’s controversial stop-and-frisk initiative. origins of modern policing, the nature of American law
Chapter 3. Joe Arpaio, the controversial Maricopa County, enforcement, and organizational issues—while staying
Arizona, Sheriff is once again featured in the end-of-chapter connected to current events and issues.
case, with the latest updates. Data and research through this • An evidence-based perspective takes center stage with
chapter are also updated. “Think About It” boxes that appear in each chapter and in
xiii
the book’s comprehensive coverage of the latest in policing of force, receive thorough treatment in four dedicated
research. chapters.
• Theories of policing are introduced throughout, but a prac- • A concise, conversational writing style keeps student inter-
tical emphasis is maintained with chapters and sections on est and facilitates comprehension.
“Becoming a Cop” and “A Career in Policing.”
• The text incorporates newsworthy and hot topics in polic- Groundbreaking Instructor
ing with informative chapter-opening vignettes and com- and Student Support
pelling end-of-chapter case studies. Just as the format of the Justice Series breaks new ground in
• Legal issues in policing, including liability and criminal publishing, so does the instructor support that accompanies the
procedure, and challenges, including deviance and the use series.
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xiv Preface
▶ REVEL for Policing, 3e by Worrall and Schmalleger
Designed for the way today’s Criminal Justice students Point/CounterPoint videos, and participating in shared writing
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▶ Acknowledgments
like to thank their colleagues inside and out- the following reviewers for their insightful suggestions: James
The side of academia, including (but not limited Cunningham, State Fair Community College; Brandon Kooi,
authors to) Robert Taylor, University of Texas, Aurora University; John Reinholz, Bryant and Stratton College.
would Dallas, and Larry Gaines, California State Thanks also go to our families whose love and continued support
University, San Bernardino. Thank you to inspire us to write.
Preface xv
▶ About the Authors
John L. Worrall is professor of criminol- Frank Schmalleger, PhD, holds degrees
ogy at the University of Texas at Dallas from the University of Notre Dame and The
(UTD). A Seattle native, both his M.A. Ohio State University, having earned both a
(criminal justice) and Ph.D. (political sci- master’s (1970) and a doctorate (1974) in
ence) are from Washington State University, sociology with a special emphasis in crimi-
where he graduated in 1999. From 1999 to nology from The Ohio State University.
2006, he was a member of the criminal justice From 1976 to 1994, he taught criminal jus-
faculty at California State University, San Bernardino. He joined tice courses at the University of North Carolina at Pembroke.
UTD in the fall of 2006. For the last 16 of those years, he chaired the university’s
Dr. Worrall has published articles and book chapters on top- Department of Sociology, Social Work, and Criminal Justice.
ics ranging from legal issues in policing to crime measurement. In 1991, he was awarded the title Distinguished Professor, and
He is also the author or coauthor of numerous textbooks, the university named him professor emeritus in 2001.
including Introduction to Criminal Justice (with Larry J. Siegel, Dr. Schmalleger is the author of numerous articles and
16th ed., Cengage, 2018) and Criminal Procedure: From First many books, including the widely used Criminal Justice Today
Contact to Appeal (5th ed., Pearson, 2015). He is also editor of (Prentice Hall, 2017), Criminology Today (Prentice Hall, 2018),
the journal Police Quarterly. Criminal Law Today (Prentice Hall, 2016), and The Definitive
Guide to Criminal Justice and Criminology on the World Wide
Web (Prentice Hall, 2009).
He is also founding editor of the journal Criminal Justice
Studies. He has served as editor for the Prentice Hall series
Criminal Justice in the Twenty-First Century and as imprint
adviser for Greenwood Publishing Group’s criminal justice
reference series.
xvi Preface
Origins and Evolution
1
of American Policing
1 Outline the origins of policing.
2 Summarize the various eras of policing.
3 Outline the emergence of state and federal law

enforcement agencies.
Angel Zayas/Pacific Press/Alamy Stock Photo
Intro The President’s Task Force On 21st-Century
Policing
In 2015, the President’s Task Force on 21st-Century
Policing released its final report, providing a number of
recommendations intended to improve American police
practices.1 The task force was formed by President
David Grossman/Alamy Stock Photo

Obama to address issues that had been raised by events
in Ferguson, Missouri; Baltimore, Maryland; Charleston,
South Carolina; and New York City, in which unarmed
black men died at the hands of police officers—often for
seemingly minor offenses.
In their report, task force members recognized that “the
trust between law enforcement agencies and the people
they protect and serve is essential in a democracy. It is
key to the stability of our communities, the integrity of
our criminal justice system, and the safe and effective
delivery of policing services.” public confers legitimacy only on those who it believes
One of the major findings of the task force was that are acting in procedurally just ways.
building trust and nurturing legitimacy on both sides of The task force also found that law enforcement agencies
the police/citizen divide is “the foundational principle cannot build community trust if they are seen as external
underlying the nature of relations between law enforce- forces coming in from outside to impose control on the
ment agencies and the communities they serve.” community—like an occupying army. Hence, the task
As the task force authors knew, more people are likely to force recommended that law enforcement culture should
obey the law when they believe that those who are embrace a guardian—rather than a warrior—mindset to
enforcing it have authority that is perceived as legitimate build trust and legitimacy both within agencies and
by those subject to the authority. In other words, the between the police and the public.
▶ The Origins of Policing

For students of policing, an appreciation of history is essential avoided in the past. An example, which we will later cover
in order to understand the contemporary structure of law more thoroughly, is federal–local law enforcement partner-
enforcement in the United States today. As a result of historical ships, which some see as especially important in the fight
circumstances, the American against terrorism. Critics of such efforts suggest that we
Learning Outline the origins of system of policing is nearly are inching toward a national police force, a notion that, to
Outcomes policing.
unique in the world. Most the minds of many, is antithetical to our nation’s system of
1 countries today rely on one or government.
only a few agencies for law History can repeat itself for the better when we revisit
enforcement. In the United the successful strategies of the past. The decentralization that
States, however, there are thousands of law enforcement agen- served policing early on in our nation’s history, for example,
cies with hundreds of thousands of employees. No other coun- is now part and parcel of recent reforms in policing around the
try has a policing system that looks quite like ours. country.
The study of policing history is important for another rea-
son: For better or for worse, history often repeats itself. History
repeats itself for worse when policy makers make decisions in From Private to Public Policing
a vacuum, without regard for those who have faced the same One of the earliest known methods of policing, called kin
problems before. In other words, the failure to appreciate what policing, involved families, clans, and tribes enforcing infor-
was once tried without success leads to a costly repetition of mal rules and customs. Each member of the group was given
past mistakes. Some critics of recent changes in American polic- authority to enforce the established rules, and individuals who
ing, such as the shift toward community policing, for example, deviated from community norms were often dealt with
argue that what we are now doing signals a return to days of old, harshly.2 This method of policing changed during the rise of
which may not be desirable. the Greek citystates and the Roman Empire, and law enforce-
Alternatively, a technique or program that looks totally ment evolved from what was essentially a private affair to a
innovative and desirable today may have been purposefully public one.
2 Chapter 1 Origins and Evolution of American Policing

Greece and Rome began to use appointed magistrates to investigations, and for that reason, they have been described as
enforce the law. These unpaid individuals were largely respon- the first known detective unit.10
sible for law enforcement until about the third century BCE in In 1800, the Thames River Police were paid by public mon-
Rome and the sixth century BCE in Greece. The first paid law eys.11 Private police forces did not disappear, however. Outside
enforcement official was the praefectus urbi, a position created London in more rural areas, much law enforcement was still the
in Rome about 27 BCE.3 By 6 CE, Rome had a large force of responsibility of churches, communities, parishes, magistrates,
these individuals who patrolled the streets day and night. Once and a variety of other individuals. Moving beyond England,
the Roman Empire fell, though, law enforcement became the other countries also started to form public police agencies.
responsibility of the individual monarchies throughout Europe. France, Prussia (Germany), Russia, China, and India all made
Kings used military forces for law enforcement, but they the gradual shift from private to public law enforcement.12 As
also relied on so-called night watches, or groups of citizens who police officers came to be paid with public funds, the shift away
roamed the streets looking for signs of trouble. Members of the from private policing became more apparent.
night watch were given the authority to investigate crimes and
to make arrests. The night watch system eventually evolved into
the frankpledge system, which became more formalized around The Influence of the English Model
the twelfth century when kings appointed individuals known as To a large extent, policing in London became the model for
chief-pledges to ensure that the system worked.4 In the frank- policing in America. Historians have called attention to various
pledge system, ten households were grouped into a tithing, and forces behind the emergence of American policing, several of
each adult male member of the tithing was held responsible for which we will consider shortly, but what early American polic-
the conduct of the others. Ten tithings were known as a hun- ing looked like stemmed a great deal from the English approach.
dred, or parish, and a group of several parishes eventually came In 1822, British home secretary Sir Robert Peel criticized
to be called a shire. Shires resembled modern-day counties in the state of policing in London. Some years later, he was
terms of their size. The term sheriff comes from the Old English responsible for passage of the “Act for Improving the Police in
word shire-reeve, which means “the keeper of the shire.” The and Near the Metropolis,” otherwise known as the Metropolitan
shire-reeve was granted authority by the Norman kings to levy Police Act. Adopted by Parliament in 1829, this legislation cre-
fines against criminals and also to levy fines against the par- ated the world’s first large-scale organized police force in the
ishes for failing to capture criminals. city of London.13 As others have noted, the Metropolitan Police
In England, the Second Statute of Westminster (1285)5 Act “introduced a centralized and unified system of police in
required that each parish appoint two constables.6 Their duties England” and constituted a revolution in traditional methods of
were to inspect the arms of the parish and to assist the sher- law enforcement.14 The legislation heralded the end of the old,
iff with law enforcement. Men over the age of 15 formed the fragmented, and ineffectual system of parish constables and
posse comitatus, which assisted with the pursuit and capture represented the dawn of a whole new era of policing.15
of dangerous criminals. Magistrates, who eventually came to Two men, Charles Rowan and Richard Mayne, were
be known as justices of the peace, began to be appointed by appointed to oversee development of the force. They adopted a
the king or the sheriff around the thirteenth century. They had military organizational model. This was resisted to a large degree
primary responsibility for adjudicating crimes, not unlike mod- by British citizens out of fear that the line between policing and
ern-day judges. In England, from which we derive many of our the military would be too thin, and that police might behave like
traditions, this was the predominant model of law enforcement an occupying army. Rowan and Mayne, however, went to great
until the nineteenth century. lengths to ensure that their officers behaved properly, and the
What set early approaches to policing apart from modern police force eventually gained widespread acceptance.
policing practices is that most of the officials charged with Sir Robert Peel’s contribution lies not just in the creation
enforcing laws were volunteers. If paid, they were not salaried of the first organized police force, however. He was among the
as police officers are today. Sheriffs, for example, were allowed first to envision a broader role for officers than just crime fight-
to appropriate a portion of the money collected in the king’s ing. Peel emphasized the prevention of crime. He also felt that
name.7 Even though these developments signaled a shift from uniforms were necessary because they would make officers
private to public policing, much of the job of enforcing the law stand out in a crowd and thus discourage crime.16 Beyond that,
remained largely private; there simply were not enough public Peel identified a series of principles that he said ought to char-
officials to do the job. As the years passed, though, policing acterize any police force (Figure 1–1).
took ever-greater steps in the direction of becoming a govern-
mental function.
One of the most significant steps toward fully public polic- Policing Comes to America
ing occurred in 1735, when two London parishes were given The first North American colonists settled along the eastern
authority to pay their watchmen out of tax collections.8 Then, seaboard. They hailed from a number of countries, including
toward the middle of the eighteenth century, John and Henry Spain, France, Holland, Sweden, and of course England. The
Fielding, two Bow Street magistrates, started to pay men to first of these settlements, Jamestown, was established in 1607
serve as constables and patrol the streets at night.9 These Bow in what is now Virginia. The colony at Plymouth, Massachusetts,
Street Runners, or thief takers, patrolled the city on foot and followed, set up by the Pilgrims in 1620. Swedish and Dutch
the surrounding areas on horseback. They also performed citizens settled around what is today New York City.

1. The basic mission for which the police exist is to prevent crime and disorder.
2. The ability of the police to perform their duties is dependent upon public approval of police actions.
3. Police must secure the willing cooperation of the public in voluntary observance of the law to be
able to secure and maintain the respect of the public.
4. The degree of cooperation of the public that can be secured diminishes proportionately to the
necessity of the use of physical force.
5. Police seek and preserve public favor not by catering to public opinion but by constantly
demonstrating absolute impartial service to the law.
Sir Robert Peel’s
Nine Principles
of Policing 6. Police use physical force to the extent necessary to secure observance of the law or to restore order
only when the exercise of persuasion, advice, and warning is found to be insufficient.
7. Police, at all times, should maintain a relationship with the public that gives reality to the historic
tradition that the police are the public and the public are the police; the police being only members
of the public who are paid to give full-time attention to duties which are incumbent on every citizen
in the interests of community welfare and existence.
8. Police should always direct their action strictly toward their functions and never appear to usurp the
powers of the judiciary.
9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police
action in dealing with it.
FIGURE 1–1 Sir Robert Peel’s Nine Principles of Policing.

Source: From “The Metropolitan Police Act of 1829: An analysis of certain events influencing the passage and character of the Metropolitan Police Act in
England,” Journal of Criminal Law, Criminology, and Police Science, vol. 55, no. 1 (March 1964), pp. 141–54.
The Spanish claimed land in what is now the southern United Chaos in the Cities
States and in the Caribbean. All of these people had visions of As America came of age, more immigrants arrived and settled
expanding their settlements, but given their distance from the in urban areas. Cities became increasingly crowded, dangerous,
European mainland, doing so was difficult. Expansion was par- and dirty. For example, from 1850 to about 1880, New York
ticularly difficult for the English and French because Spain’s City’s population grew until almost a million people were
presence was significant. crowded into the two-square-mile center of the city. The city’s
Early on, churches in America were heavily involved in East Side housed nearly 300,000 people who lacked toilet facil-
crime control, though without a formal criminal justice system. ities, heat, fire protection, and other essentials. Unemployment
People who strayed from acceptable forms of conduct were levels were high, and sickness abounded. Cholera outbreaks
often shunned by their congregations. According to one histo- were common, killing thousands of people at a time.
rian, church congregations functioned as the “police and courts By the mid-1800s, crime had become common throughout
of first resort.”17 Moreover, when corporal punishments were many American cities. People stole and looted to survive. Orga-
used, they were often carried out in public. The use of stocks, nized gangs formed, fought for territory, and contributed to the
floggings in the public square, and even public hangings were violence and mayhem within the city. By one account, by 1850,
common methods of dealing with wayward individuals. Pub- New York City had become America’s most terrifying city.19
lic punishments, often witnessed by hundreds of people, made Other large cities like Boston, Chicago, and Philadelphia hardly
clear to everyone the consequences of inappropriate behavior. fared better.
As more colonists moved to the New World, however, they Early efforts to control crime fell on the shoulders of
“brought the law in their baggage.”18 That is, they brought appointed constables and citizen volunteers. The constables
knowledge of English criminal codes, law enforcement agen- patrolled during the daytime; citizens patrolled at night. But as
cies, and methods of punishment, and they adapted them to the cities grew and became more dangerous, this system could
serve the needs of their new communities. not keep pace with crime.20 In 1844, the first metropolitan

police department was formed in the New York City area. It respected. Theirs was a lonely and dangerous job, and they
initially patrolled only during the daylight hours, leaving the repeatedly became the targets of outlaws. Making matters even
preexisting night watch to patrol the city during darkness. The more difficult, prominent outlaws of the day, including Billy
early New York City force was modeled after London’s Met- the Kid and Jesse James, were apparently idolized as much if
ropolitan Police and consisted of only 16 officers appointed not more than the sheriffs and marshals themselves. Law
by the mayor.21 The force was reorganized and expanded to enforcement was, at best, unreliable; at worst, it was nonexis-
800 officers in 1845 under Mayor William Havemeyer, who tent. Indeed, some of the new “lawmen” worked both sides
divided the city into three police districts. This period also saw of the law, depending on which side offered them the best
the elimination of the old night watch system and the construc- opportunities and rewards. Consequently, frontier communities
tion of station houses and local courts.22 Twelve years later, often formed their own posses and vigilante citizen groups to
in 1857, the police in Manhattan, Brooklyn, Staten Island, confront any person or group intent on disrupting social
Westchester County, and the Bronx were consolidated into stability.30
one department under a governor-appointed board of commis- Even these efforts eventually failed, despite support from
sioners, becoming what we think of today as the New York the community. Not unlike what happened in the big cities, once
City Police Department (NYPD).23 Prior to the consolidation, populations in the West grew, something more was needed. It
18 separate police forces patrolled within the area that com- was inevitable that the kinds of agencies formed along the east-
prises present-day New York City.24 Some of them were better ern seaboard would be replicated in cities throughout the West.
equipped and organized than others. Lacking, however, was a An example was Stephen Austin’s corps of fighters, a group of
centralized police mandate, good communications, and coordi- tough men he enlisted to protect the settlers he was bringing
nated efforts.25 into the Tejas, Mexico, area. This corps of rangers eventually
On the one hand, the combined force of 1857, which ini- aided in the Texas revolution against Mexico, providing scout
tially consisted of 6,396 members, was welcomed by people services for the U.S. Army during the Mexican–American War.
who were distressed about problems of social disorganization They came to be known as the Texas Rangers, and their efforts
and crime within the city. On the other hand, there was con- ushered in a period of enhanced border patrol in Arizona and
cern that the new police force might become a standing army New Mexico as well as the formation of state police forces
(recall that our nation was founded, in part, out of frustration throughout the Southwest.31
with overreaching, centralized government).26 Other large cit- Organized police forces in early America were born of
ies quickly followed the New York example, establishing their necessity. A single law enforcement official rapidly became
own police forces. They did so in response to surges in vio- inadequate as populations surged. Densely populated cities
lence, conflict, multiple riots, and citizen fears that America’s could not realistically be patrolled with one or even a few
experiment in self-governance might not survive. officers. But unlike the evolution of policing in other nations,
London’s police, as we have already seen, served as Americans rejected centralized power and shunned any national
something of a model for policing in many American cities. police force. Law enforcement became a local effort that
Reformers in America were impressed with what London’s reflected local priorities and issues. That is why today we see
bobbies did to prevent, and not just respond to, crime.27 thousands of distinct police agencies at various levels of gov-
London’s police stressed highly visible patrols intended to ernment all across the United States. Even if there had been a
discourage crime. But the police forces of New York and other desire during this period for a centralized police agency, it is
large cities differed from their English counterparts in at least doubtful it could have succeeded given the size of the territory
two important ways. First, unlike police in London, Ameri- for which it would have been responsible. Early police agencies
ca’s first police officers were heavily involved in politics.28 could not have survived without some connection to the com-
Most police officers at the time answered to political leaders munities they patrolled.
or ward bosses in the areas they served. Officers’ very jobs This decentralized policing model (which is discussed in
were dependent on remaining in the good favor of whatever more detail in Chapter 3) has been hailed as representing the
political figure was in charge at the time. Second, in stark con- American ideal, but there was a downside. As police agen-
trast to their counterparts in London, American police officers cies proliferated across America, they varied widely in terms
were more willing to use force.29 These two unique features of quality and professional commitment. Some may argue that
of American policing contributed in no small part to policing policing today is not as highly regarded an occupation as it
as it is known today. could be, but in the late nineteenth century, policing was gener-
ally viewed as routine, unglamorous work. Officers were held in
The Move West low regard and, because the pay was poor, cities had difficulty
As American pioneers moved westward, they did not leave the recruiting qualified candidates. So desperate were some cities
problems of the cities behind. In fact, the frontier mentality of to hire police officers that, as one historian observed, “illiteracy,
fending for oneself and providing one’s own self-protection poor health, chronic drunkenness, or a criminal record were no
fueled plenty of violence. Guns, knives, and fists were com- barriers to a job as a police officer.”32 Pressure for agencies to
monly used to resolve disputes in newly settled areas. Sheriffs grow, combined with close relationships between the police and
and their marshals were appointed by town leaders to provide politicians and others in positions of influence, resulted in poor-
what little law enforcement was available on the frontier. These quality police work. What’s worse is that a commitment to crime
officials’ authority, though, was not always welcomed or control and community service was secondary. Nonetheless,

this period of politics and ineptitude has been described as the
first significant era of policing in America. The Political Era
In 1895, “the realities of patrol work mocked Robert Peel’s
Policing the Slaves dream of a continuous visible presence . . . police patrol barely
Unique circumstances existed in the American South during existed at all.”34 Corruption was widespread, and some cities
this early period. There, slave patrols represented a crude form assigned unmanageable beats to their officers. In 1880, for
of policing. Slave patrols were created in the eighteenth century example, Chicago officers patrolled more than three miles of
to apprehend runaway slaves and to ensure that slaves did not streets—on foot. Large portions of other major metropolitan
rise up against their owners. The slave patrols were largely a areas were not patrolled at all. Residential districts were all but
private activity carried out by citizen volunteers, leading to a ignored in most cities.35 In addition, communication systems
serious lack of control of the slave patrols’ actions. When they were inadequate, making it next to impossible for sergeants and
apprehended runaway slaves, they often meted out “justice” on other command officials to call officers to crime scenes.
the spot, frequently using violence.
Due process of law was a distant concern. Slave patrols
Regulating Criminals
could (and did) arbitrarily enter private residences for the pur- Historians generally agree that police officers of the political
pose of rounding up those who fled from bondage. The patrols era did more to regulate criminal activity than to control it:
were largely an outgrowth of fear on the part of wealthy white
landowners that slaves were a dangerous group in need of care-
ful scrutiny and control. With the end of the Civil War came the
dissolution of the slave patrols. They did, however, provide the
Think About It…
impetus for the Ku Klux Klan, whose mission of terrorizing An Introduction to
Rob Byron/Shutterstock
black families and black communities was not entirely different Evidence-Based
from that of the slave patrols. Policing Evidence-
based policing is a
hot topic in contem-
porary law enforce-
▶ Policing Eras ment. Its goal is to
As we have just seen, from the colonial period to the late nine- use research to guide
teenth century, organized police forces of various kinds emerged practice and evaluate practitioners. There is little con-
across America. Like early sensus about what is effective in policing. Many practitio-
Learning Summarize the various policing on the other side of
Outcomes eras of policing. ners have an almost unshakable faith in the ability of police
2 the Atlantic, law enforcement officers to prevent crime by simply driving around and keep-
began as a private affair and ing a watchful eye on the community. But evidence-based
eventually became public. policing isn’t about opinions; it’s about the facts, about
Once police agencies were an what the data and rigorous research show. How does
established presence, they grew in number and influence. They evidence-based policing differ from the way in which polic-
also evolved in response to the demands and pressures of the ing was performed in times past? In what ways does it
time. Most researchers agree that these changes occurred improve policing? Might it in some ways distract from the
in three distinct eras: the political era, the reform era, and the police mission?
community era.33 See Figure 1–2 for a summary.
TIMELINE
Historical Eras in American Policing
1840s–1930s 1930s–1970s
Political Era Close ties between the police and political officials Reform Era Police gained pride in their profession
Police were organized in paramilitary Law enforcement focused on “traditional”
style, focused on serving the crime-fighting and the capture of criminals
politically powerful
Crackdown on organized crime Source: SuperStock
Politicians appointed/hired the police
Progressive policing policy led by August Vollmer and O. W. Wilson
Came about because of a need for
Came about because citizens called for reform and the removal of politics
social order and security in a
from policing
dynamic and rapidly changing society Source: World History Archive/
SuperStock
FIGURE 1–2 Historical Eras in Modern Policing.

“Officers established relationships with professional criminals, from the late nineteenth to the early twentieth centuries. The
especially pickpockets, tolerating certain kinds of crime in most notorious Tammany leader was William M. “Boss” Tweed.
return for information or stolen goods.”36 They were also heav- Tweed’s control over the political machine was so complete
ily involved in providing essential services for those in need. that he was eventually elected to the New York Senate. By most
The recently discovered diary of a Boston police officer from accounts, he and his cronies were corrupt and heavily involved in
1895 reveals that one of the most common services officers a wide range of criminal activities. His career eventually ended
provided was shelter for the homeless.37 In Cincinnati, for in a storm of corruption controversy, and he was ultimately sent
instance, the police station was “a place of last resort for the to prison. During his heyday, though, he relied heavily on police
desperately poor.”38 Police stations came to be dirty, disease- officers to keep him in office and in control of the ward.
ridden places as a result of this practice, so the sheltering of the
homeless came to a halt near the end of the nineteenth century. The Reform Era
Many police officers, along with the politicians and ward Frustrations over the likes of Boss Tweed ushered in an era of
bosses they served, were corrupt. By one account, jobs in some profound reform. In early 1892, Reverend Charles Parkhurst
early police departments were sold as investment opportunities.39 described New York City’s mayor and his aides as “a lying, per-
Corruption flourished at all levels of government as a result of juring, rum-soaked, and libidinous lot of polluted harpies.”41
restrictions on various “vices.” Laws limiting drinking, gambling, He also claimed that the police existed for no reason other than
and sex provided ample opportunity for the criminal element to “to protect and foster crime and make capital out of it.” Using
provide much-desired products and services. Such illegal activities his church as his forum, Parkhurst began a crusade to bring
could only thrive, of course, with support from local law enforce- reform to the political system in New York City. He and a num-
ment. The payoffs to officers who provided protection for criminals ber of other like-minded individuals were largely responsible
were significant. Detective Thomas Byrnes, head of the New York for the appointment of Theodore Roosevelt as commissioner of
City Detective Bureau from 1880 to 1895 and widely said to have the New York City Police Department.
been corrupt, acquired a fortune of more than $350,000 by the Once Roosevelt took charge, he forced corrupt officers to
late 1880s (that’s about $5 million today).40 Byrnes was forced to resign and launched a series of unannounced nighttime inspec-
resign by Theodore Roosevelt in 1895 when Roosevelt became tions of the police department. He even took to the streets and
head of the New York City Police Commission. approached officers in civilian attire. He initiated disciplinary
action against officers who were asleep or away from their
Patronage Problems posts. Roosevelt resigned in 1897, claiming that the NYPD had
To get elected, political candidates at the turn of the twentieth cen- been reformed; the reality was that little had actually changed.42
tury made promises to the voters, especially promises of employ- Nonetheless, Roosevelt’s efforts were quickly duplicated in a
ment. Once a candidate was elected, jobs of various sorts, including number of other cities that were experiencing similar problems.
police jobs, were used to reward the politician’s supporters. Reform efforts failed in these places, too. According to histo-
Newly hired police officers adopted a number of measures to rian Sam Walker, “the reformers never came to grips with the
ensure that their “bosses” remained in power. There are many basic problems of police administration.”43 They claimed that
accounts of police officers, assigned to maintain order at polling corrupt officers lacked moral character but ignored some of
stations, who pressured voters to support particular candidates. the deeper issues, such as how the department’s rank structure
An example of political patronage run amok was Tammany (or absence of one) contributed to the problems that reform-
Hall in New York City, the name given to the Democratic Party ers lamented. Reform efforts floundered for several years until
“machine” that played a significant role in the city’s politics police reformer August Vollmer changed their focus.
1970s–2001 2001–Today
Community Era Police departments work to The New Era Came
identify and serve the needs of their communities about because of the terrorist attacks
of September 11, 2001, and ongoing
Envisions a partnership between the police and
threats to the safety and Source:
the community Alliance Images/
security of Americans with this copy: Evidence-based Alamy Stock Photo
Police focus on quality-of-life offenses policing became the gold standard for
assessing the effectiveness and cost-benefits of law
Broken windows model of policing enforcement programs.
Source: UpperCut Images/
Came about because of a realization that effective Superstock
community partnerships can help prevent and solve crimes
Policing Eras 7
August Vollmer’s Legacy The work of the Wickersham Commission and others not
August Vollmer—the first police chief of Berkeley, California, mentioned here, coupled with Vollmer’s reformist vision, led
and perhaps the foremost presence in America’s police reform to some consensus that a professional model of policing would
movement—argued that policing should be regarded as a public greatly benefit America. It was hoped that policing would become
service, as a profession focused on improving society. During a civil service profession divorced from politics. Reformers had
his address to the International Association of Chiefs of Police faith in centralization, crime fighting, scientific investigations,
in 1919, Vollmer argued that the police had “far greater obliga- and, above all, police work that followed the letter of the law.
tions than the mere apprehending and prosecution of lawbreak- Interestingly, one of the most significant developments
ers.” The police, he claimed, should go “up stream a little that fueled this change was the Great Depression. With less
further” by trying to prevent crime by working with families, money to spend, many cities had to cut back on services, which
schools, and other influential institutions. He called for organi- included the closing of some police precincts. This brought
zational reforms in police agencies, elevated standards of police officers under the control of a central police station,
recruitment and retention, and the adoption of modern manage- consistent with the managerial model Vollmer had envisioned.
ment techniques, such as those used in the business sector Some have called this the professional era, others the legalis-
and military.44 tic era, and still others the reform era. Regardless of what it
There was something of a contradiction in Vollmer’s mes- was called, what occurred was a dramatic change in the way
sage, however. On the one hand, he called for the expansion policing was practiced in the United States. It did not happen
of the police role to include crime prevention. On the other, he quickly, though. The process played out over decades, leading
called for increased crime-fighting efforts. It was crime fighting up to the 1960s and the third of America’s key policing eras: the
that won out in the end, leading to “a centralized, authoritarian community era.
bureaucracy focusing on crime control.”45
Vollmer did more than call for reforms. As chief of the The Community Era
Berkeley Police Department during the early twentieth century,
he transformed his department in the following ways: The community era is, by most accounts, the era of contempo-
rary law enforcement. It stresses service and almost a customer-
• Increased the size of the force, from 3 officers to 27 friendly element to police work. Routine and traditional police
• Put officers on bicycle and motorcycle patrol functions such as patrol, investigations, and the like remain, but
• First to adopt fingerprinting technology to aid in criminal many police agencies have changed their mission statements to
investigations and collaborated with University of reflect a new way of thinking epitomized by O. W. Wilson.
California in making other advances O. W. Wilson and the Limitations of Professionalism
• First police leader of note to hire officers with college August Vollmer’s protégé, Orlando Winfield (O. W.) Wilson,
degrees served as chief of the Wichita, Kansas, Police Department
• Created the Berkeley Police School in 1908 between 1928 and 1939. As chief, he clamped down on corrup-
In short, Vollmer’s reforms were consistent with a reform tion and brutality, firing 20% of the officers on the force. His
mentality intended to move policing toward professional stat- department’s mission statement, the “Square Deal Code,” even-
ure. He took his ideas beyond Berkeley by evaluating numerous tually became the template for the code of ethics of the Interna-
police agencies around the country, including the scandal- tional Association of Chiefs of Police.48 His reforms, many of
ridden Los Angeles Police Department.46 In 1921, Vollmer which were quite radical, were not necessarily welcomed with
was elected president of the International Association of Chiefs open arms, even by some people outside the police department.
of Police (IACP), a position he used to spread his ideas about For example, his efforts to aggressively enforce vice laws met
police reform. with so much resistance that he resigned in 1939.
Despite Wilson’s resignation, he went on to gain national
The Crime Commissions prominence. His 1938 textbook, Municipal Police Administra-
As one of the authors of the 1929 Illinois Crime Survey (a series tion, became a leading work (its eighth edition was published
of influential reports on homicide, juvenile justice, and justice in 1979). A year later, he became a professor of police admin-
operations in Chicago), Vollmer criticized “the corrupt political istration at his mentor’s old stomping grounds, the University
influence exercised by administrative officials and corrupt poli- of California, Berkeley. He remained there until 1960, during
ticians.”47 He was also the lead police consultant to the 1931 which time he started the nation’s first doctoral program in
National Commission on Law Observance and Enforcement, criminology and wrote another successful policing text, Police
popularly known as the Wickersham Commission after its head, Administration.49 He went on to write other influential works,
George W. Wickersham. The commission was appointed by including a manual on how to allocate police patrols according
President Herbert Hoover in 1929 to investigate the real opera- to calls for service.50 More importantly, he called for a shift
tions and problems of the criminal justice system. Again, from foot patrol (the dominant mode of patrol at the time) to
Vollmer called attention to corruption, excessive political influ- automobile patrol. On top of that, he called for one- rather than
ence and meddling in criminal justice, poor leadership and two-officer patrols to maximize police resources.
management, ineffective recruitment practices, poor-quality Although O. W. Wilson was certainly a progressive reformer,
training programs, and other issues. he may have done more to usher in the community era than

many realize. In 1960, during the twilight of his career, Wilson Since, by most accounts, we are in the midst of the commu-
was appointed by Chicago Mayor Richard Daley to reform the nity era, much more needs to be said about it. Accordingly, we
city’s police department in the wake of a scandal. Wilson used will devote a full chapter to this topic. In Chapter 8, we will look
many of the same tools as he did in Wichita, Kansas, including in depth at why the community era came to pass, what it looks
reorganization of the department, widespread firings, improved like today, and what its prospects are for the future.
personnel standards, and improved communications. Despite
his best efforts, however, civil rights leaders continued to criti-
cize the department, citing police brutality and discrimination A New Era?
in police employment. Wilson was defensive about the dis- Few people would deny that the September 11, 2001, terrorist
crimination allegations because he had taken significant steps attacks on the United States changed the world. The attacks led
to diversify the predominantly white police department. to one of the most dramatic reorganizations of the U.S. govern-
These problems led to a great deal of resentment of police ment, including the formation of the cabinet-level Department
in the African-American community, vestiges of which remain of Homeland Security. They also led to untold number of
today in various cities. Wilson retired in 1968, marking the end changes in America’s police agencies. When, for instance, the
of a notable career. What he did not, or could not, fix became nation’s terrorist alert level is elevated, it is the local law
abundantly clear in 1969, when some Chicago police officers enforcement agencies that take on most of the responsibility for
appeared to run amok on national television, brutally beating increased vigilance.
protestors outside the Democratic Party’s national convention. Following 9/11, local police agencies entered into uncharted
Wilson was clearly a Progressive Era reformer, but his actions territory with multiagency partnerships, terrorist response train-
(or, as some would say, failure to act) in Chicago started the ing, and the like. Whether community policing era initiatives can
push for something else. survive the more militaristic style of law enforcement that fol-
lowed September 11 remains to be seen. A new era of policing,
Toward Customer Service however, began during the first decade of the twenty-first cen-
It is perhaps a simplification to say that the community era is tury. It is characterized not only by coordination among police
characterized by customer service, but at its core, this new era of agencies in the fight against terrorism but also by an emphasis
policing is about connecting the community and the police in a on evidence-based policing. Evidence-based policing, which is
way that was not accomplished during the reform era. Following formally defined in Chapter 9, can be seen as “the use of the
the public outcry in the wake of the Chicago fiasco and other best available research on the outcomes of police work to imple-
publicized instances of strained police–public relations, it was ment guidelines and evaluate agencies, units and officers.”52
no mystery why a new era emerged. Research began to reveal Evidence-based policing has become increasingly important in
that the police could not reduce crime by their own efforts alone, an age of financial restrictions and budgetary shortfalls—where
another reason the dawn of the third era was at hand. money for public agencies and services is spread more thinly
The sentiments of the community era were expressed in than before. Identifying policing programs that work and that are
a prescient article authored by University of Alaska Professor cost effective is one hallmark of the new era of policing that has
John Angell at the beginning of the 1970s.51 Angell argued that emerged following the 9/11 terrorist attacks.
traditional police management practices were culture bound,
that they were inconsistent with the humanistic democratic
values of the United States, that they demanded that employ-
ees demonstrate “immature” personality traits, and that they
Think About It…
couldn’t cope with environmental pressures. In his view, a more Citizen Contact
Huntstock, Inc/Alamy
community-centered model would (1) improve community Patrol One approach
relations, which suffered under the bureaucratic, military model to improving civilian
of law enforcement; (2) improve officer morale by allowing
Stock Photo
attitudes toward the
them a measure of flexibility in the performance of their duties; police—and thereby
and (3) improve interagency coordination. reducing crime—
Some aspects of the community era look remarkably similar consists of door-to-
to policing near the turn of the twentieth century, but without door visits by police officers. Consistent with the ideals of
the corruption, patronage, and other problems that character- the community era, this citizen contact patrol has police
ized the political era. Community era reformers have sought officers knock on people’s doors, introduce themselves, give
authorization from community members and extensive citizen out information, and otherwise try to make policing more
support; a broad mandate that stresses the provision of ser- personal in nature. This technique has been used by police
vices; a decentralized, responsive organizational structure; and to do everything from obtaining information about who is
close relations with citizens. A strong tie to citizens would be carrying guns on the street to providing citizens with tips
achieved through foot patrol, problem solving, the preservation about reducing burglaries.
of quality of life, and a host of other tactics—all of which were Should police officers be encouraged to go door-to-
designed to ensure citizen satisfaction and all of which look door? Is there any possible downside to citizen contact
remarkably similar to practices that were in place before the patrol? If so, what is it?
birth of the reform era.
Policing Eras 9
▶ Beyond Local Law Enforcement The First Federal Agencies
Most of our discussion of police history thus far has focused on U.S. Marshals
local law enforcement: municipal police and sheriff’s depart- In 1789, President George Washington appointed the first 13
ments. There is also an inter- U.S. Marshals in accordance with the Judiciary Act. Until the
Learning Outline the emergence esting history behind state
Outcomes of state and federal Secret Service was established in 1865, the U.S. Marshals
3 law enforcement and federal law enforcement, focused their efforts on apprehending counterfeiters. Between
agencies. but the story is much shorter. 1790 and 1870, the marshals were also required to take the
With the exception of the national census every ten years, a responsibility that was even-
U.S. Marshals Service, which tually transferred to the Bureau of the Census. During the nine-
was founded in the late eighteenth century, the history of state teenth century, the marshals did everything from arrest fugitive
and federal law enforcement goes back only to the nineteenth slaves to confiscate property used to support the Confederacy.
century. More than anything, though, in the latter part of the nine-
teenth century, the marshals and their deputies were responsible
for maintaining law and order in the Old West. On October 26,
The Emergence of State Agencies 1881, in Tombstone, Arizona, Marshal Virgil Earp and his dep-
When Texas declared its independence from Mexico in uties (brothers Wyatt and Morgan Earp and John H. “Doc” Hol-
1836, the Texas Rangers were already an established law liday) gunned down Frank and Tom McLaury and Billy Clanton
enforcement agency. As discussed earlier, they did not begin in a vacant lot just down the street from the O.K. Corral. Movies
as a state-level organization. Their initial focus was defend- like Tombstone and Wyatt Earp have recounted this series of
ing the community, but they adopted policing responsibili- events. Since the nineteenth century, the U.S. Marshals Service
ties after Texas independence was declared. The early has taken on a range of duties quite distinct from those of days
Rangers often took the law into their own hands and were past. We will look at both the history and the modern duties of
not as concerned with equal treatment and due process as the U.S. Marshals in Chapter 3.
police are today. In 1935, Texas created the Department of
Public Safety (DPS), which remains in existence to this day. Postal Inspectors and Secret Service
The Texas Rangers are part of the Texas DPS, as are the Another early federal law enforcement effort involved U.S.
troopers of the Texas State Patrol. Once the Rangers came postal inspectors, whose job was to target crimes committed via
under the supervision of the DPS, conduct problems, exces- the mail. In 1865, the Secret Service was established with the
sive force, and the like were reined in. mission to suppress counterfeiting. That responsibility remains
The other states eventually formed their own state- today, along with a number of others, including the protection
level police agencies, but they often took unique forms. of the president.
The Pennsylvania State Police, for example, was founded
in 1905 in response to the difficulty local police were hav- The FBI
ing resolving state-specific issues. For example, the western The Bureau of Investigation, now known as the Federal Bureau
Pennsylvania mining region attracted scores of immigrant of Investigation (FBI), was formed in 1908. The agency began
workers and experienced ethnic violence and labor disputes. with 8 Secret Service agents, 14 newly hired investigators, and
A major coal strike in 1902 prompted President Theodore 12 accountants; their task was to investigate antitrust land fraud
Roosevelt to appoint a commission to look into the problems and similar matters. The agency grew rapidly and became the
of maintaining order in the mining region. This led to the primary investigative agency for federal crimes. It ascended to
establishment of the state police. Unlike the Texas Rangers a position of high visibility during the 1920s, when J. Edgar
and other state agencies, the Pennsylvania State Police con- Hoover was appointed to lead the agency. Under Hoover’s
sisted largely of men with National Guard and army experi- charge from 1924 to 1972, the FBI apprehended a number of
ence. The Pennsylvania State Police also had their share of dangerous offenders and engaged in numerous high-profile
problems in the beginning, just like the Rangers, but they investigations, perhaps most notably the kidnapping of ace
gradually assumed greater law enforcement responsibilities flyer Charles Lindbergh’s baby.
and adopted professional standards. Hoover was a controversial director. He routinely fired
As automobiles became more common and highways agents who displeased him, and it is alleged that he blackmailed
were built, state police agencies shifted much of their focus political leaders and illegally disrupted the activities of the Black
toward the enforcement of traffic laws. What we see today, Panther Party; Martin Luther King, Jr.’s Southern Christian
then, is a mixture of state agencies, some with general Leadership Conference; the Ku Klux Klan; and other groups.
law enforcement responsibilities, and others with a traffic Today, FBI directors cannot serve more than a ten-year term due
enforcement focus. Today, nearly every state has at least to concerns that they may become too powerful. To his credit,
one state-level police agency. We will look at them in more though, Hoover did a great deal to usher in the professional
detail when we discuss the organization of law enforcement policing era through his insistence on a crime-fighting role for
in America in Chapter 3. FBI agents. The FBI is discussed in greater detail in Chapter 3.

THE CASE
Building a Better Police Department
What would the ideal American police department look like if
we were to start over entirely and build it from scratch? That’s
LJ Mil/Alamy Stock
the question that was asked by the prestigious Bloomberg news
service a year ago. The article noted that there are over 18,500
police departments in the United States, but most have fewer
Photo
than ten officers. Complicating things, there are few nationally
mandated standards relating to police work, and the applica-
tion of rigorous scientific methods to police techniques is often
lacking. While much lip service is given to “scientific policing,” Higher education is suggested as another way of developing the
or “evidence-based policing,” in which established best prac- ideal police department. While many American police depart-
tices are valued, the Bloomberg authors say that “if the medical ments require that new hires have only a high school diploma,
profession used research the way police use research, we’d still a number of Scandinavian nations require a college degree in
be using leeches.” criminal justice. Education encourages critical thinking, and can
help officers make better decisions.
One of the article’s recommendations is to hire older officers
instead of 21-year-olds right out of the police academy. Young Source: From Building a Better Police Department by Drake Bennett,
people are often still developing emotionally and intellectually, Published by Bloomberg © 2014.
and shouldn’t have “the coercive power of carrying a gun,” says
the article.
The article discussed here raises several interesting questions:

1. Should age requirements for police officers be increased? If so, what should be the starting age?
2. Should educational requirements for police officers be raised? If so, what should they be?
3. Can police departments make better use of scientific evidence? If so, how?
Beyond Local Law Enforcement 11

C hapter 1 Origins and Evolution of American Policing
Learning Outline the origins of policing. Henry Fielding (1707–1754) An English magistrate who founded what
Outcomes some have called London’s first police force, the Bow Street Runners.
Policing in the Western world began as a private
1 affair and became a public, or governmental, Bow Street Runners An early English police unit formed under the
responsibility. Policing in America looks as leadership of Henry Fielding, magistrate of the Bow Street region of
it does today largely because it was inherited from the London. Also referred to as thief takers.
English, beginning with the frankpledge system, the watch- thief taker An alternative name for Henry Fielding’s Bow Street Runners.
man system, and Henry Fielding’s Bow Street Runners. Sir Robert Peel (1788–1850) A former British home secretary whose
1. What were the major milestones in the historical devel- criticisms of the state of policing in London led to the passage of the
opment of policing in the Western world? Metropolitan Police Act and the establishment of the world’s first large-
scale organized police force in that city in 1829.
2. What is the significance of due process of law for Metropolitan Police Act The legislation adopted by the British Parliament
American policing? in 1829 that established the world’s first large-scale organized police
force in London.
frankpledge system The ultimate outgrowth of the night watch system of bobby The popular British name given to a member of Sir Robert Peel’s
social control, dating to the twelfth century, in which ten households were Metropolitan Police Force.
grouped into a tithing, and each adult male member of the tithing was Texas Rangers A militia originally formed by Stephen F. Austin in 1823 to
held responsible for the conduct of the others. protect the territory of Texas against Native American raids, criminals, and
tithing Under the frankpledge system, a group of ten households. intruders. Today, the Rangers serve as part of the Texas Department of
parish Under the frankpledge system, a group of ten tithings. Also Public Safety.
referred to as a hundred. slave patrol A crude form of private policing, often carried out by citizen vol-
shire Under the frankpledge system, a collection of several parishes. unteers. Slave patrols were created in the eighteenth century to apprehend
runaway slaves and to ensure that slaves did not rise up against their owners.
sheriff The modern-day term for the Old English shire-reeve. In the United
due process of law A right guaranteed by the Fifth, Sixth, and Fourteenth
States today, the senior law enforcement official in a county.
Amendments and generally understood, in legal contexts, to mean the due
shire-reeve The Old English term for sheriff. Literally, “the keeper of the course of legal proceedings according to the rules and forms established
shire.” for the protection of individual rights. In criminal proceedings, due process
watchman An early officer on foot patrol who, during the hours of dark- of law is generally understood to include the following basic elements: a
ness, watched for fires and criminal activities. Upon detecting such events, law creating and defining the offense, an impartial tribunal having jurisdic-
the watchman’s role was to sound the “hue and cry” to evoke a defensive tional authority over the case, accusation in proper form, notice and
response from the citizenry. This style of policing dates back to the early to opportunity to defend, trial according to established procedure, and dis-
mid-eighteenth century in England. charge from all restraints or obligations unless convicted.
Learning Summarize the various eras of policing. community era By most accounts, the contemporary era of U.S. law
Outcomes enforcement, which stresses service and an almost customer-friendly
American policing has evolved through
2 three distinct eras: the political, reform, and approach to police work.
community eras. We may be on the cusp of a Tammany Hall The corrupt Democratic Party political “machine” that
fourth policing era, which some are calling the homeland operated in New York City in the late nineteenth and early twentieth centu-
security era. ries and that used patronage to control city operations.
William M. “Boss” Tweed (1823–1878) A corrupt American politician
1. Identify and describe the major eras of policing dis-
who became notorious as the powerful leader of New York City’s Tammany
cussed in this chapter. Are the eras distinct or overlap-
Hall.
ping? Explain.
August Vollmer (1876–1955) An early and especially effective advocate
2. What were the findings of the National Commission on of police reform whose collaboration with the University of California
Law Observance and Enforcement? What significance established the study of criminal justice as an academic discipline.
did those findings have for American policing?
Illinois Crime Survey A series of influential reports, published in 1929,
on homicide, juvenile justice, and justice operations in Chicago that criti-
political era The period of American policing during the late nineteenth cized the corrupt political influence on the justice system.
and early twentieth centuries during which police forces served more to Wickersham Commission A commission appointed by President Herbert
regulate crime pursuant to the wishes of corrupt politicians (who used Hoover in 1929 to investigate the operations and problems of the criminal
patronage to give police jobs to handpicked loyalists) than to control justice system. Formally known as the National Commission on Law
crime in the interests of the public good. Observance and Enforcement.
reform era The period of American policing during the early to mid- Orlando Winfield “O. W.” Wilson (1900–1972) A Progressive Era reformer,
twentieth century, during which efforts were made to professionalize professor of police administration, and protégé of August Vollmer whose writ-
police forces and to eliminate the influence of corrupt politicians. ings and teachings continue to influence contemporary U.S. law enforcement.

Learning Outline the emergence of state and federal 1. Illustrate the development of state and federal law
Outcomes law enforcement agencies. enforcement agencies in the United States.
3 State and federal law enforcement agencies 2. How did the development of those agencies parallel
have their own, unique histories. With the the development of local police forces?
exception of the U.S. Marshals Service, which was founded 3. How did it differ from the pattern of development seen
in the late eighteenth century, the history of state and fed- in local agencies?
eral law enforcement goes back only to the nineteenth cen-
tury. Among the earliest organized state police agencies
were the Texas Rangers and the Pennsylvania State Police.
References
1 The President’s Task Force on 21st Century Policing, and character of the Metropolitan Police Act in England,”
Final Report (Washington, DC: The White House, May Journal of Criminal Law, Criminology, and Police Science,
2015). vol. 55, no. 1 (March 1964), p. 141.
2 B. L. Berg, Law enforcement: An introduction to police in 15 Roy Ingleton, “The early days of policing in Kent”
society (Boston: Allyn and Bacon, 1992), pp. 15–16. (Part 6), Kent Police Museum, www.kent-police-museum.
3 W. Kunkel, An introduction to Roman legal and constitu- co.uk/core_pages/pasttimes_early_days_pt6.shtml
tional history, 2nd ed. (Oxford: Clarendon Press, 1973). (accessed July 4, 2008).
4 W. J. Bopp and D. D. Schultz, A short history of American 16 L. Radzinowicz, A history of English criminal law and its
law enforcement (Springfield, IL: Charles C. Thomas, administration since 1750 (New York: Macmillan, 1957),
1972), pp. 9–10. p. 177.
5 There are three “historical” Statutes of Westminster, 17 E. L. Ayers, Vengeance and justice: Crime and punish-
dated 1275, 1285, and 1290 (known as “First,” ment in the nineteenth century American South
“Second,” and “Third”), relating to the government of (New York: Oxford University Press, 1984), p. 181.
the Kingdom of England. There is also a 1931 Statute 18 B. Chapin, Criminal justice in colonial America,
of Westminster, relating to the British Empire and its 1606–1660 (Athens: University of Georgia Press, 1983),
dominions. p. 146.
6 W. L. M. Lee, A history of police in England (repr., 19 F. Browning and J. Gerassi, The American way of crime
Montclair, NJ: Patterson Smith, 1971). (New York: G. P. Putnam’s Sons, 1980).
7 D. H. Bayley, Patterns of policing: A comparative interna- 20 L. H. Randolph, Biographical sketches of distinguished
tional analysis (New Brunswick, NJ: Rutgers University officers of the army and navy (New York: Henry E.
Press, 1985), p. 29. Huntington, 1905), pp. 82–88.
8 J. J. Tobias, “Police and public in the United Kingdom,” 21 R. B. Fosdick, American police systems (New York: The
Journal of Contemporary History (January–April 1972), Century Co., 1920), p. 62.
pp. 201–19. 22 G. L. Lankevich, American metropolis: A history of New
9 G. Armitage, The history of the Bow Street Runners, York City (New York: New York University Press, 1998),
1729–1829 (London: Wishart, n.d.), p. 123. pp. 84–85.
10 A. C. Germann, F. D. Day, and R. R. Gallati, Introduction 23 Fosdick, American police systems, p. 82.
to law enforcement and criminal justice (Springfield,
24 Others date the NYPD’s official beginning as January 1,
IL: Charles C. Thomas, 1978).
1898—the day that the five boroughs of Manhattan, the
11 S. Spitzer and A. T. Scull, “Social control in historical Bronx, Brooklyn, Queens, and Staten Island joined
perspective: From private to public responses to crime,” together under a charter as the City of Greater New York.
in Correction and punishment, ed. D. F. Greenberg, What should be clear, however, is that what was essen-
pp. 265–86 (Beverly Hills, CA: Sage, 1977). tially a citywide police force operated in the area prior to
12 Bayley, Patterns of policing, pp. 31–32. the 1898 charter.
13 Germann, Day, and Gallati, Introduction to law enforce- 25 Some of the information in this paragraph comes
ment and criminal justice. from Bernard Whalen, “The birth of the NYPD,” www.
14 J. L. Lyman, “The Metropolitan Police Act of 1829: nycop.com/Aug_00/The_Birth_of_the_NYPD/body_
An analysis of certain events influencing the passage the_birth_of_the_nypd.html (accessed July 5, 2008).
Chapter 1 Origins and Evolution of American Policing 13

The department was further expanded in 1995, when the 41 C. H. Parkhurst, Our fight with Tammany (1895; repr., New
city’s housing and transit police were merged into the York: Arno Press, 1970), p. 5.
NYPD. 42 H. P. Jeffers, Commissioner Roosevelt: The story of
26 B. Vila and C. Morris, eds., The role of police in American Theodore Roosevelt and the New York City Police,
society: A documentary history (Westport, CT: Greenwood 1895–1897 (New York: Wiley, 1994).
Press, 1999), p. 25. 43 Walker, Popular justice, p. 65.
27 W. Miller, Cops and bobbies (Chicago: University of 44 A. Vollmer, “Predelinquency,” in Proceedings, 1919, ed.
Chicago Press, 1977), p. 2. International Association of Chiefs of Police, pp. 77–80
28 Vila and Morris, eds., The role of police in American (New York: Arno Press, 1971).
society. 45 Walker, Popular justice, p. 131.
29 Ibid. 46 Illinois Association for Criminal Justice, Illinois crime
30 R. Brown, Strain of violence (New York: Oxford University survey (1929; repr., Montclair, NJ: Patterson Smith,
Press, 1975). 1968), p. 359.
31 B. Smith, Police systems in the United States (New York: 47 For more on Vollmer’s legacy, see J. Liss and S. Schloss-
Harper and Brothers, 1949). man, “The contours of crime prevention in August
Vollmer’s Berkeley,” in Research in law, deviance, and
32 Illinois Association for Criminal Justice, Illinois crime sur-
social control, vol. 6 (Greenwich, CT: JAI Press, 1984);
vey (1929; repr., Montclair, NJ: Patterson Smith, 1968),
A. Vollmer and A. Schneider, “The school for police as
p. 359.
planned at Berkeley,” Journal of Criminal Law and Crimi-
33 G. L. Kelling and M. H. Moore, “The evolving strategy of
nology, vol. 7 (1917), pp. 877–98; G. E. Carte and
policing,” in Perspectives on policing, vol. 4 (Washington,
E. H. Carte, Police reform in the United States: The era of
DC: National Institute of Justice, 1988).
August Vollmer (Berkeley: University of California Press,
34 Walker, Popular justice, p. 57. 1975).
35 J. C. Schneider, Detroit and the problem of order, 48 Walker, Popular justice, p. 172.
1830–1880 (Lincoln: University of Nebraska Press, 49 O. W. Wilson and R. C. McLaren, Police administration,
1980), pp. 26–27, 121. 4th ed. (New York: McGraw-Hill, 1977).
36 Walker, Popular justice, p. 59. 50 O. W. Wilson, The distribution of police patrol forces
37 A. von Hoffman, “An officer of the neighborhood: A (Chicago: Public Administration Service, 1941).
Boston patrolman on the beat in 1895,” Journal of Social 51 J. E. Angell, “Toward an alternative to the classic police
History, vol. 26, no. 2 (Winter 1992), pp. 309–30. organizational arrangements: A democratic model,”
38 E. H. Monkkonen, Police in urban America, 1860–1920 Criminology, vol. 9 (1971), pp.185–206.
(Cambridge: Cambridge University Press, 1981), 52 L.awrence W. Sherman, Evidence-based policing
pp. 87, 89. (Washington, DC: Police Foundation, 1998), p. 2,
39 Walker, Popular justice, p. 62. www.policefoundation.org/pdf/Sherman.pdf.
40 “Thomas F. Byrnes,” in Wikipedia, The free encyclopedia,
revised May 18, 2008, http://en.wikipedia.org/w/index.
php?title=Thomas_F._Byrnes&oldid=213279082
(accessed December 4, 2015).

Policing in the
2
American Context
1 Explain how the U.S. government’s features of

democracy and federalism impact policing.
2 Discuss the influence of various environmental

factors on policing.
3 Summarize the police role in the criminal justice

process.
Kenneth Graft/Shutterstock
Intro A Turnaround in Policing
A few years ago, the city of Camden, New Jersey, was
forced to make drastic cuts in staffing levels at the city’s
police department—including layoffs of more than 160
of the city’s 360 sworn officers. About the same time,
smaller cuts were made in other New Jersey municipali-
ties, resulting in a loss of 167 of Camden’s 1,265 offi-
cers, layoffs of 82 of Jersey City’s 829 officers, and a
Mel Evans/AP Images

loss of 60 officers out of Atlantic City’s 365-member
force.1
Camden, which had to make the staffing cuts due to sig-
nificant budgetary problems, asked county law enforce-
ment officers to take on more duties at crime scenes,
and the Camden County Prosecutor’s office provided
homicide investigators who also partnered with the A Camden, New Jersey, police car on patrol. How have financial
police to investigate all shootings. Camden’s poor fiscal problems impacted policing in America?
status stemmed from a $26.5 million budget shortfall
that developed even after a 25% citywide spending cut
was implemented in 2010.2 interaction with the public has greatly increased. The
Today, things have turned around. The old City of Camden new chief says the shift was intended to overcome years
police department has been replaced with a county-wide of mistrust. Average response time for calls for service
police force called the Camden County Police. A new is now 4.4 minutes, down from more than 60 minutes
community-oriented policing strategy has supplanted a before the changes. By 2016, the number of open-air
previous hostile attitude that built barriers between the drug markets had been cut nearly in half, and murder
police and the community. Officers have been moved rates—which have been among the highest in the
from desk jobs and squad cars onto walking beats and country—were falling.3
▶ Policing in American Government

Learning The United States is a repre-
Explain how the U.S. Others, though, fear that it threatens core democratic values and
Outcomes
sentative democracy and the
government’s features is unreasonably intrusive.
1 of democracy and world’s oldest functional fed- In an effort to balance these opposing views, a police force
federalism impact eration (a union consisting of in a democratic nation should be one that “is subject to the rule
policing.
several more or less self- of law embodying values respectful of human dignity, rather
governing states). These unique than the wishes of a powerful leader or party; can intervene in
arrangements have affected the structure and organization of the life of citizens only under limited and carefully controlled
government agencies at all levels, including the police. circumstances; and is publicly accountable.”4 In other words,
most of us would likely agree that the police should be able to
enforce the law, but they shouldn’t go “too far” and run rough-
Policing in a Democracy shod over people’s rights.
Democracy is usually defined as government by the people. It
vests supreme authority in the citizenry, usually through free
elections and the representatives the citizens choose to elect.
Other features of a democracy include equality of rights, privi- 1. Sovereignty of the people
leges, and opportunities; open government; and due process 2. Government based upon consent of the governed
protections against unreasonable arrest and prosecution. To 3. Majority rule
many, democracy also means that people should be free from 4. Minority rights
5. Guarantee of basic human rights
excessive government influence in their lives. See Figure 2–1
6. Free and fair elections
for an overview of the elements of democracy. 7. Equality before the law
Nearly everyone values the full exercise of democratic prin- 8. Due process of law
ciples, yet others express serious concern when those principles 9. Constitutional limits on government
are threatened. Consider the recent outcries over electronic eaves- 10. Social, economic, and political pluralism
dropping of domestic phone conversations by federal investiga- 11. Values of tolerance, pragmatism, cooperation, and compromise
tors as part of antiterrorism intelligence gathering. Some people
FIGURE 2–1 The Pillars of Democracy.
feel that such eavesdropping is necessary to maintain security.
16 Chapter 2 Policing in the American Context

Consequences of Democracy for Police
Robert Kennedy once pointed out that “every society gets the Features of
kind of criminal it deserves.” Kennedy also said, “What is
equally true is that every community gets the kind of law
a Democracy
enforcement it insists on.”5 Equality of rights, privileges,
There are many ways to interpret Kennedy’s observa- and opportunities
tions, but one is especially relevant here. With its concern over Open government
people’s rights and privacy, democracy ensures that a certain Due process protections
amount of crime is inevitable. In other words, some of the crime against unreasonable
arrest and prosecution
problems our country has might be due to the very nature of our
government. Consider those who manufacture methamphet-
amine in clandestine laboratories. If they know that the police
can arbitrarily enter the facility at any time, they might choose
an alternative pursuit. On the other hand, if they know that there
are steps the police must take before they can enforce the law,
they might be willing to take a chance. Figure 2–2 provides an
overview of how democracy influences policing.
Consequences of a
Policing and Federalism Democracy for Police
One of democracy’s most distinguishing features is policy mak- Concern for people’s rights and privacy means that a
ing by majority rule, either directly by the people, as in a direct certain amount of crime is inevitable.
democracy, or through elected representatives, as in a represen- The Bill of Rights ensures that the government
tative democracy. The very term democracy comes from the cannot go too far without answering to the people.
Greek words demos, meaning “people,” and kratos, meaning The Fourth Amendment to the Constitution
“rule.” In other words, democracy means “ruled by the people.” mandates that the police meet specific legal
One can even go further and call ours an advanced or liberal requirements before they can enter private
residences, make arrests, and seize evidence.
democracy because of its concern with the rule of law, the sepa-
ration of powers, and, most important, people’s liberties. But
democracy alone does not fully describe our system of govern-
ment. The government structure in the United States is also
characterized by federalism. Policing in a federalist nation is
quite distinct from policing in nonfederalist nations (see FIGURE 2–2 Policing and Democracy.
Figure 2–3 for a comparison between federalist and other sys-
tems of government). between a central governing body (e.g., the federal govern-
Federalism, often confused with democracy, is another ment) and various constituent units (the states).
feature of American government that has served to shape the Federalism helps facilitate democracy because it pro-
policing apparatus in the United States. Federalism is a politi- motes participation in all levels of government. If one had
cal doctrine wherein power is divided (often constitutionally) ambitions to enter political office, one would likely start
Unified Confederation Federalist

Central authority makes all There is no strong central Laws are made by the central governing authority as well as by the
laws and holds all power. government. constituent units. The federal government makes laws for the entire
nation, but federalism also gives the states power to make their own laws.
Constituent units make laws
and hold power. In the United States, we have
both the federal Constitution and
individual state constitutions,
consistent with the idea of
shared power. The federal
government and each state also
have their own legal codes.
FIGURE 2–3 Types of Government.
Policing in American Government 17

with the goal of becoming a county supervisor, a city coun-
cilperson, or an elected state official. With experience, a
political veteran might then rise to ranks of U.S. senator or Features of a
representative.
A perusal of the U.S. Constitution suggests a system of dual
Federalist Government
federalism, in which the only powers vested in the federal gov- Division of power lies between a
ernment are those explicitly listed in the Constitution; the rest central governing body and various
are left to the states. This suggested arrangement is the textbook constituent bodies.
definition of federalism. In reality, though, ours is more a sys- Dual federalism: Any powers not
tem of cooperative federalism, meaning that some of the lines explicitly vested to the federal
government are left to the states.
between federal and state power are blurred or at least have
Cooperative federalism: Lines between
fluctuated over time. For example, Article I, Section 8, of the federal and state power are blurred or
U.S. Constitution gives the federal government the power to have fluctuated over time.
regulate interstate commerce, but this authority has been inter-
preted so broadly that the federal government can effectively
control much of what happens at the state level. To this day,
we see plenty of federal influence over even local criminal
justice policies.
Consequences of Federalism for Policing

Inherent in federalism is the concept of different levels of gov-
ernment. Consequently, American federalism effectively
defines various levels of law enforcement. Our two-tiered gov- Consequences of
ernmental structure (states and the federal government) inher- Federalism for Police
ently divides law enforcement within those levels. Further,
Law enforcement is divided
federalism can affect relationships between the agencies at the
between federal and state levels.
various levels of government. For example, if the federal gov-
Tensions may result between
ernment grants money to local government, it can exercise a federal and state agencies.
measure of control. Applying this to policing, the Office of Cooperation between various
Community Oriented Policing Services in the U.S. Justice agencies is important.
Department gives various grants to local law enforcement agen-
cies throughout the states, but typically with strings attached.
One such string is that the money must be used to support com-
munity policing activities. FIGURE 2–4 Policing and Federalism.
Federalism also adds to the dynamics of law enforce-
ment because it creates relationships (and perhaps tensions)
between levels of government (Figure 2–4). For example, “turf becomes clear that the police in the United States function
wars” sometimes occur between federal and state or local law within one of the most complex organizational environments
enforcement agencies. In movies and television programs, such imaginable. First, they serve
jurisdictional conflicts are often portrayed as some small-town Learning Discuss the influence and interact with citizens.
Outcomes of various environmen-
police chief or sheriff laying claim to a particular criminal case 2 tal factors on policing. Second, they are government
before the “feds” get involved. Turf wars do indeed exist, but organizations and, as such,
interagency (and interlevel) cooperation is now the word of the regularly interact with other
day, especially in the “war on terror.” If it weren’t for feder- government entities, such as
alism, though, there would be neither tension nor cooperation city councils and county boards of supervisors. Third, the
across levels of government because different levels wouldn’t media in the United States keep a close eye on the police, per-
exist in the first place. haps because we as citizens are intrigued by what the police do
(or don’t do). Finally, police organizations interact with their
peer agencies at various levels of government. See Figure 2–5
for a summary.
▶ The Police Organizational
Environment The Community
Every organization operates within an environment that con- By far, the most significant environmental factor in law enforce-
sists of not just the organization’s physical surroundings but ment is the community. In sheer magnitude, the number of citi-
also human dimensions. In a democracy where the power of the zens dwarfs all other factors that influence the police. Not every
people is emphasized, this is all the more apparent. Couple this citizen carries quite the same level of influence as, say, an eve-
with the highly visible nature of police organizations, and it ning newscaster, but given that there is roughly one sworn law

for the police in an effort to identify who is supportive and who
is not. A common thread running throughout most of the studies
The is a focus on four categories of factors thought to be associ-
Community ated with support for police: race, age, gender, and prior con-
tact with the police. Some researchers have also looked beyond
these to other factors, such as education, location, and other
demographic and economic considerations. Who cares? Know-
ing who is least supportive of police can give law enforcement
administrators the information needed to target those groups for
efforts intended to improve the police image.
Government A problem measuring support for the police is that sup-
Police Media
Agencies
port is a multidimensional concept. In other words, what do we
mean by support? Are the police effective? Are they friendly?
One researcher has identified five dimensions of support for
the police.10 Three of them address “efficacy,” or effective-
ness. They include the ability of police to protect citizens, solve
known crimes, and prevent crime. The other two dimensions
Other Police
deal with “image,” particularly the perceived friendliness and
and Criminal
Justice
fairness of the police. Why does this matter? It appears, for
Agencies example, that race affects perceptions of the ability of police to
solve crime but not to protect citizens or prevent crime. We will
The Police Environment.
not go into more detail on these dimensions but rather present
FIGURE 2–5
the “big picture” concerning support for the police.
enforcement officer for every 400 to 500 citizens in the United Race and Support
States, the voice of the citizenry must be reckoned with. Race is perhaps the most powerful predictor of support or lack
Through the democratic process, citizens also influence the of support for the police.11 In general, Caucasians view the
elected officials who speak for them. The president, members police far more favorably than non-Caucasians.12 A Texas study
of Congress, county boards of supervisors, city mayors, and revealed, for example, that Hispanics often express dissatisfac-
city councils—all of whom exert a measure of control over law tion with local law enforcement. Minority perceptions of police
enforcement activities—come to their posts with a mandate also differ depending on what types of functions police engage
from their constituents. in. Use of force incidents tend to be regarded with less support
Law enforcement officials have a vested interest in main- than, say, attendance at neighborhood meetings.13 Moreover,
taining positive relationships with the communities they serve. race often works in conjunction with other factors to shape
The service element of the famous police mantra “protect and public opinions of the police. A minority resident from a poor,
serve” all but requires a measure of concern for what commu- high-crime neighborhood who has had undesirable contact
nity members think. But the protection function also requires with police in the past will tend to maintain negative attitudes.
citizen support. Much crime takes place behind closed doors, In contrast, someone from a wealthy neighborhood where
and police cannot always detect it without input from con- crime is not much of a concern will, in general, be more
cerned citizens. A lack of citizen support can also influence law supportive.
enforcement organizations through the political process. For
example, public dissatisfaction with a local police department Age and Support
could prompt the mayor to seek a replacement for the chief. Like the relationship between race and support for the police,
Fortunately, the police rarely fight an uphill battle for public the relationship between age and support is not particularly sur-
support. Studies reveal that the vast majority of citizens view prising; young people tend to be much less supportive of police
police favorably.6 One study revealed that about two-thirds of than the elderly.14 The authors of one study found, for example,
Americans felt their local police agencies and sheriff’s depart- “a direct, almost linear relationship between age” and support
ments were effective, friendly, and fair.7 What about the other for the police.15 This means that as age went up, support for
third? Some people regard authority figures with suspicion.8 police went up in almost perfect parallel fashion. Why, then, are
Moreover, a significant percentage of that one-third comprises young people not supportive of police? For one thing, they
minorities, and many minorities not only do not support police value their freedom and like to buck authority from time to
but also view them with contempt.9 Such perceptions are often time. Another explanation is that young people commit more
an outgrowth of strained racial relations in some of America’s crimes than the elderly and therefore find themselves in unwel-
high-crime, poor inner-city neighborhoods. Even that two-third come contact with authorities more often.16 The same line of
majority is not unwavering in its support; various factors can reasoning applies to young drivers; they receive more speeding
affect whether police will be viewed favorably. tickets than the elderly and therefore find themselves on the
The importance of citizen support for the police is reflected receiving end of unwelcome contact with police. Yet another
in a vast literature. Scores of researchers have modeled support explanation is that young people are also the victims of more

crime than the elderly. Some excessively victimized youth may Others have found that people’s attitudes about the world in gen-
harbor sentiments that the police cannot effectively make a dent eral and their political beliefs are predictive of support; those with
in the crime problem. conservative leanings tend to be more supportive of police.30
Next, whether one lives in a rural or urban area can affect
Men versus Women support.31 Whether one has been a crime victim is important,
The relationship between gender and support for the police is too. In particular, victims whose experience was perceived as
much less clear. One team of researchers argued, for example, unpleasant hold the police in low regard.32 When victims and
that men and women view the police similarly.17 In another other concerned citizens are empowered, however, their sup-
study, the researchers found that women hold a more “ideal- port levels improve.33 For example, people who take charge of a
ized” image of the police and are therefore more supportive of problem in their neighborhood, such as by implementing block
them.18 Further substantiating that finding, a later study watch (perhaps in conjunction with the local police depart-
revealed that younger males were less supportive of police than ment), tend to be supportive of police. Finally, on the subject
women.19 By no means is there consensus in the literature, of police involvement, one study revealed that certain police
however. Depending on who exactly is surveyed (different sam- residency requirements (e.g., those that require officers to live
ples of men and women), the literature reveals contradictory in the cities they serve) may affect support for the police.34
findings.20 It stands to reason, then, that at least in terms of
gender, police agencies need to appeal to both men and women. Sheriffs and the Electorate
Most of the research we just discussed dealt with people’s
Prior Contact impressions of municipal police agencies. A few researchers
Prior contacts with the police can clearly influence support have looked at citizens’ support for sheriff’s deputies,35 but
levels. Generally, involuntary contacts, such as following a stop what about sheriffs themselves? There is not much research on
for speeding, are not linked with support for the police.21 In the subject of elected sheriffs, but this much is true: Sheriffs are
fact, the more involuntary contacts a person tends to have with elected and, so, need to be more concerned than most police
officers, the less supportive of them he or she will be.22 On that administrators with citizen support, especially voter support.
note, people who live in neighborhoods where most police con- The sheriff, as well as a would-be sheriff who is hoping to be
tacts are involuntary (e.g., officers always responding to 911 elected by the citizens of a given county, owes much of his or
calls) are less inclined to support the police than people in less her livelihood to the voting public.
crime-prone neighborhoods.23 Importantly, though, it is not the The literature discussed in the previous section provides
sheer number of involuntary contacts that affect one’s attitude a valuable service to practitioners. It tells them, scientifically,
toward police. If the experiences are regarded as favorable—if, who is least supportive of the police. To the extent, support is
for example, motorists feel they were treated fairly and with necessary to get the job done, then, the findings of those studies
respect by officers—then they maintain relatively high levels of constitute useful information. A rash of crime in one area could
support for police.24 Returning to the broader subject of this be solved with sufficient support from neighborhood residents,
chapter, it behooves police officers to know what kind of neigh- such as for intelligence-gathering purposes. Sheriffs, though,
borhoods they serve, what their problems are, and what types of are concerned about citizen support not only from a crime con-
calls officers have gone on in the past. This knowledge can arm trol standpoint but also for purposes of getting reelected.
them with the information to reach out to historically unsup- While sheriffs are elected, they are not all-powerful pub-
portive elements. lic officials. They, like police chiefs, generally have to answer
to county boards of supervisors (the county equivalents of city
Other Factors Affecting Public Perceptions councils—see below) or their equivalent entities. One of the
Like gender, education’s effect on police support is unclear.25 core functions of a county board of supervisors is setting the
On the one hand, less educated individuals might fail to appre- annual budget for all county agencies—including the sheriff.
ciate the difficulties associated with police work and, as a result, Moreover, board members are usually elected to their posts
hold them in lower regard. On the other hand, a highly educated (often as nonpartisans) from various districts within a county.
person may be critical of police, perhaps through detailed The result is that the sheriff answers directly not only to the vot-
knowledge of legal concerns, policy requirements, and the like. ers but also to county supervisors, who themselves are elected.
A study on this subject by one of this text’s authors revealed no
link at all between education levels and support for the police.26
Income levels and education go hand in hand—at least to a Government Officials
point. This has prompted some researchers to look at the links Law enforcement agencies are government entities, but a host
between income levels and support for police. One study sug- of non–law enforcement government officials—at the federal,
gests, not surprisingly, that the wealthy are, on balance, more state, and local levels—exercise significant control and influ-
supportive of the police than are the poor.27 ence over them:
Still other factors appear to predict support or lack of support
for the police. People who perceive an excess of disorder in their • The president appoints the heads of federal law enforce-
neighborhoods tend to be less supportive of police.28 Likewise, ment agencies.
there is evidence that individuals who “dislike the characteristics • Governors set state policy and prioritize spending for cer-
of their neighborhoods” do not hold the police in high regard.29 tain projects.

• Courts issue decisions that affect the activities of officers and council-manager forms is the presence or absence of a city
on the street. manager. City managers are supposed to be apolitical, but may-
• Legislatures make funding decisions. ors are not. Both systems of municipal government have inter-
esting implications for law enforcement.
• Mayors hire and fire police chiefs.
The list goes on, but the point is that one of the key envi- City Councils. City councils do plenty to exercise control over
ronmental influences on law enforcement in America is municipal police agencies. For example, they enact policies
government. In the sections that follow, we look at executive, that agencies underneath them must implement. Likewise, they
legislative, and judicial influence. Although there are far more can control the purse strings, deciding how much money is
sources of influence than we can possibly cover here, there are allocated to city agencies. They also get involved in dismissals
a few standouts. For the executive, they are city councils, may- in the event that a police chief fails to perform important func-
ors, police commissions, and other appointing authorities. For tions. In some cities, councils do this directly. Other cities give
the legislative, the roles of the U.S. Congress and the state leg- the city manager authority to make personnel decisions for all
islatures in shaping America’s law enforcement apparatus are city agencies. Still other council-manager cities give the city
most important. Finally, courts at all levels of government have manager authority to make decisions with the council’s
a dramatic influence on policing (Figure 2–6). approval. It obviously benefits the chief to know who makes
key decisions under any system of municipal government.
Executive Influence The council-manager form of city government gives the
There are basically two forms of city government in the United impression that politics are removed from the process. Presum-
States, the council-manager form and the mayor-council form ably, with several officials instead of one partisan mayor, it
(see Figure 2–7). The difference between the mayor-council would be somewhat difficult to make drastic personnel decisions
City Councils/Mayor
Enact policies that agencies
underneath them must
implement
Control purse strings: decide Police Commission
how much money is allocated to Set policy, rules, and regulations
city agencies Oversee department operations
Involvement in nomination and Review chief’s annual proposed budget
dismissal of Police Chiefs Investigate charges of wrongdoing
brought against police department
Executive
Influence
State Legislature
Responsible for grant funding
of city and county law
enforcement agencies.
Agencies must do what state
wants in order to get funding. Courts
Legislative Judicial Court decisions on
important legal issues trickle
Influence Influence down to law enforcement.
Police must act with regard
to court decisions, or
criminals may be freed due
to improper procedure.
U.S. Congress
Legislation can dispense
grant money to local law
enforcement.
FIGURE 2–6 The Influence of Government Officials on the Police.

Council-Manager Form Mayor-Council Form
This form is most common in cities of more This form may be strong-mayor or weak-mayor.
than 12,000 people.
Strong-mayor variation: Mayor has almost limitless
An elected city council usually consists of authority over city operations, including hiring and
5 to 12 people. dismissal of key officials.
The city council makes all policy decisions for the city. Weak-mayor variation: Mayor serves largely at the behest
of the city council.
The power of the mayor is significantly limited:
– Performs ceremonial duties The weak-mayor variation is more common in small towns.
– Serves as the voice, and often the leader,
of the council In both variations, the mayor is responsible for city
– Vote of the mayor carries no more weight operations; there is no city manager.
than that of other council members
A city manager presides over the city’s day-to-day

operations and implements policy enacted by city council.
FIGURE 2–7 Forms of City Government.
city of San Diego changed from a city manager to a strong-

Think About It… mayor form of government. (See the city’s organizational
chart in Figure 2–8.) The change was approved by the city’s
Police Newsletters voters. According to the city, “Under the new system the
Some police agencies Mayor is the City’s chief executive officer, similar to the
David Kohl/AP Images
publish both printed and governor or the president. The Council is the legislative
electronic newsletters body, providing checks and balances to the Mayor’s new
that are distributed authority.”37
throughout the commu- Mayors generally wield more authority in council-mayor
nity. Unfortunately, systems. Today, though, it is fairly rare for a mayor to exer-
research shows that such cise total authority over the hiring and firing of a city’s first
community newsletters rarely reduce crime rates. Other responders. This is true for San Diego, too, despite its move to
forms of public education, particularly education about a strong-mayor system. The city’s new rules allow the mayor to
domestic violence, appear to be ineffective as well. However, nominate the police chief, but the nominee must be approved
studies show that these newsletters may have a positive by the city council. Likewise, the mayor can dismiss the police
effect in reinforcing citizens’ participation in community chief, but such action is subject to review by the city council.
safety. Should the police be responsible for disseminating Not every police chief can take comfort in knowing that
newsletters to the community? Are newsletters sufficient to mayors are generally prohibited from dismissing them on a
bolster community support? whim. Often, when a new mayor is elected, perhaps from an
opposing political party, he or she makes a number of changes
in the composition of the city’s top management. Newly elected
concerning the police department. That does not mean, however, mayors sometimes fire police chiefs to “shake things up.” City
that city councils sit on the sidelines while problems persist in councils often support such reorganizations when a new admin-
law enforcement. Just recently, the council of Troy, Texas, a istration comes on board.
city about halfway between Dallas and Austin, fired not just the Police chiefs can sometimes make city mayors look bad.
police chief but the entire department.36 The city council cited That is one of the alleged reasons why New York City’s police
poor performance and insubordination as key reasons for its commissioner, William J. Bratton, was forced out of his posi-
decision. While replacements were being sought, the city was tion by Mayor Rudolph W. Giuliani in 1996 (he returned,
forced to rely on the local sheriff’s department for law enforce- though, after a stint as police chief in Los Angeles). Bratton
ment services. had appeared on the cover of Time magazine, and the accompa-
nying article gave Bratton, rather than Giuliani, full credit for
Mayors. As mentioned, large cities tend to favor the council- New York’s precipitous drop in crime during the mid-1990s.
manager system of government. At the beginning of 2006, the There had also been rumors that the two men did not get along.

Citizens of San Diego City Council
City Clerk
Community and Legislative Services Mayor/CEO

Independent Budget Analyst
Ethics and Integrity City Attorney

Chief Operating Officer
Finance/CFO
Business and Support Services
Neighborhood Public Safety Land Use

and Customer Public Works and Homeland and Economic
Services Security Development
Art and Culture Engineering and Family Justice Development

Capital Projects Center Services Administration
Community
Services Environmental Planning and Human
Fire-Rescue Resources
Services Community
Customer
Investments Information
Services
Homeland Technology
General Services Real Estate
Security
Library Assets Purchasing and
Metropolitan Contracting
Park and Police
Wastewater
Recreation
EMS and
Special Events Water
SDMSE
FIGURE 2–8 City of San Diego Organization Chart.

Source: Courtesy of the City of San Diego Police Department.
Police Commissions. Some large cities, regardless of their form police commission to understand the political process and the
of government, also maintain a police commission, which gen- interplay among council, commission, and mayor.
erally acts like a corporate board of directors, setting policy and
overseeing the department’s operations. The Los Angeles Other Appointing Authorities. Moving from the local to the
Police Commission, for example, consists of five civilian vol- federal level, there are other appointing authorities besides
unteers. The commissioners are generally not just “average” mayors, city managers, city councils, and police commissions
citizens. They tend to be prominent attorneys and/or successful who exercise control over top law enforcement officials. The
businesspeople. The composition of a police commission can heads of federal law enforcement agencies are appointed by the
change, however, and tends to when a new mayor is elected. president and approved by the Senate. Interestingly, it is also
The Los Angeles Police Commission is perhaps best known generally much easier for a top federal law enforcement execu-
for its decision in 2002 to deny then-embattled Police Chief tive to be fired than it is for a local police chief. The president
Bernard Park’s bid for a second five-year term. Parks asked the can simply urge a cabinet-level agency head to fire the head of
Los Angeles City Council to overturn the commission’s deci- a particular unit. That’s what happened in 2004, when the Inte-
sion, but it refused.38 Hiring and firing decisions, though, are rior Department fired National Park Police Chief Teresa Cham-
not usually the foremost responsibility of police commissions. bers. She allegedly spoke about “taboo” topics with reporters
Honolulu’s police commission, while involved in such deci- from the Washington Post and acted with a lack of discretion in
sions, spends the bulk of its time reviewing department rules various areas: “improper budget communications, making pub-
and regulations, reviewing the chief’s annual proposed budget, lic remarks regarding security on federal property, improper
and investigating charges of wrongdoing brought against the disclosure of budget deliberations, improper lobbying, failure
city’s police department by members of the public and other to carry out a supervisor’s instructions, and failure to follow the
police officers. It is critical for a police chief in a city with a chain of command.”39

Justice Department law enforcement agencies have also Court decides important legal issues that trickle down to law
seen their share of administrative “replacements.” Some read- enforcement at all levels of government, and state supreme
ers may recall then-U.S. Attorney General Janet Reno’s deci- courts often resolve issues that never make it to the U.S.
sion to fire FBI Director William Sessions in 1993 and replace Supreme Court. Lower appellate courts at both the state and the
him with Louis Freeh (who himself is no longer director). The federal level, coupled with state supreme courts and the U.S.
point is that every law enforcement executive, whether federal Supreme Court, decide criminal appeals that often bear on
or local, cannot get too comfortable in his or her position. whether police employed proper procedures. If police officers
The tenure of the typical law enforcement administrator is act without regard to what the courts decide, they will be
generally pretty short. Although there are legitimate reasons responsible for the embarrassing release of known criminals.
for local police chiefs and their federal equivalents to leave Considering the importance of public opinion, as we have
their posts, such departures are often the result of political already seen in this chapter, legal mistakes that result in crimi-
pressure or a firing decision. Fortunately, there are at least nals going free are to be avoided at all costs.
some checks and balances in place, but law enforcement exec-
utives are not unlike professional football coaches in that their
jobs are tenuous, their futures are uncertain, and job security The Media
is a far cry from that of the lower-ranking street-level police The media, which include both print and television news
officer. The successful law enforcement administrator must sources, can be both the best friend and the worst enemy of
play politics. every police organization. On the one hand, the media can pro-
vide favorable coverage of successful investigations, aid in the
Legislative Influence
capture of fugitives, and encourage concerned citizens to call in
Executive officials, such as mayors, are clearly important parts crime tips.
of the police environment. So are state legislatures and the U.S. Unfortunately, the media often get it wrong. This has
Congress. While these bodies do not directly set local law prompted several large law enforcement agencies to hire media
enforcement agencies’ budgets, they can exert influence in a liaisons, some of whom are sworn officers. They assist in the
number of key respects. Consider President Clinton’s Violent preparation of press releases that present the agency’s side of
Crime Control and Law Enforcement Act of 1994. It is the leg- the story and do not give the press an opportunity to miscon-
islation that ushered in what is now known as the Office of strue the facts.
Community Oriented Policing Services (the COPS Office) in
the U.S. Justice Department. The COPS Office has dispensed Media Portrayals of the Police
billions of dollars in grant money to local law enforcement Most of us are familiar with how the media portray police.
agencies to improve their community policing capabilities and News reporters, who adhere to the “if it bleeds, it leads” phi-
hire 100,000 new officers. While the Violent Crime Control Act losophy, often make it look as though the police do nothing
was one of Clinton’s pet projects, it would not have succeeded more than apprehend violent criminals. Television shows like
were it not for Congress’s decision to send the bill to the White COPS and Dallas SWAT, among others, highlight the most
House for that all-important signature. action-packed side of an occupation that is often anything but
Moving down from the federal level, nearly every state thrilling. As one researcher put it,
maintains an office that is responsible for grant funding of
city and county law enforcement agencies. In California, the these programs convey images of crime, criminals, law
organization is called the Office of Emergency Services. It has enforcement officials, and the criminal justice system
no direct effect on local law enforcement, but it does have an which are incomplete, distorted, and inaccurate. . . .
Viewers are led to believe policing is an action-packed
indirect effect. It gives out competitive grants to local agencies
profession, criminals frequently resist capture, crime is
provided that they implement a program or add to an existing
predominately violent, crime is the work of minorities,
program that is consistent with the funding program’s mission.
and the police regularly succeed in their endeavors to
In other words, to get the grant, the agency must do what the
combat illicit activity.40
state desires. Some grants reflect gubernatorial priorities, oth-
ers reflect the legislature’s desires, and still others reflect a Additionally, the media have been criticized for increas-
measure of consensus over what is important to both governors ing people’s fear of crime, intensifying racist sentiments, and
and legislatures. One point is clear, however: Governors can generally providing people with an incomplete picture of what
do next to nothing in the name of crime control and prevention police work is really like.41
without the approval of the state legislature. For this reason, Not all press coverage is inadequate. Freedom of the press,
local law enforcement agencies need to be in tune with what is for better or for worse, is one of the key principles on which
regarded as important in the state capital, especially if they want this country was founded. Even reality programs like COPS
more money. often get it right. Researchers have observed, for example,
that “public display . . . plays an important function for citi-
Judicial Influence zen understanding of the criminal justice system.”42 More-
Judicial influence over local law enforcement also cannot be over, “police officers received overwhelmingly positive
ignored. So influential is the judiciary, in fact, that we devote publicity, media networks corral a healthy bottom line, and
the better part of Chapters 10 and 11 to it. The U.S. Supreme interested viewers benefit from a few minutes of action and

Inaccuracies Benefits
Media Portrayals Glorify the investigation aspect of policing Help citizens understand the judicial system
of the Police Give the impression that scores of officers are Provide positive publicity for police
routinely hurt and killed on the jobi Can encourage public to provide information to police
Media coverage can be
Portray an arrest rate that is far in excess of official
inaccurate and incomplete,
arrest ratesii
but can also be beneficial
Portray the triumph of justice when, in reality,
to police.
justice is not always servediii
Give an impression that many criminal apprehensions
are resolved with the suspect’s death
Increase people’s fear of crimes
Intensify racist sentiments
Police Portrayals Impression Management The Public Information Officer

Presents information in a way that creates a Some police departments have a public information
of Police Work favorable image of police officer who provides all police information to the
Police can provide Requires dramaturgical discipline to present an news media.
information to counter appropriate balance of facts and favorable A public information officer does not guarantee a
inaccurate or unfavorable publicity for police good public image for the department.
media portrayals. Training and encouraging all officers to provide
information to the media may be a more effective
strategy for improving the media image of a police
department.
J. Livingston, “Crime and the media: Myths and reality,” USA Today Magazine 122 (May 1994): 40–42.
J. R. Dominick, “Crime and law enforcement on prime-time television,” Public Opinion Quarterly 37 (1973): 241–50;
and Oliver, “Portrayals of crime, race, and aggression in ‘reality-based’ police shows.”
D. Zillman and J. Wakshlag, “Fear of victimization and the appeal of crime drama,” in Selective exposure to communication,
ed. D. Zillman and J. Bryant, pp. 141–56 (Hillsdale, NJ: Lawrence Erlbaum, 1985).
FIGURE 2–9 The Police and the Media.
close-to-first-hand observation of police work.”43 Generally, release.45 At the same time, though, the police are most defi-
though, there are several limitations associated with media cov- nitely “performers” in the media relations game. They generally
erage of police work in particular and crime in general. strive to maintain a professional image. Thus, there is a bal-
How the media (whether via the evening news or reality ance to be achieved between putting too much spin on reporting
police programming) portray law enforcement officials has and simply reporting the essential facts in a given case. This
important implications for how the police do their job. Citizen has been called dramaturgical discipline. The term dramaturgy
support is likely affected by media coverage. Even influential refers to dramatic composition. In short, the police have to
politicians can’t be immune from the distorted images of police “posture and perform.”46 As one officer notes,
work presented on television and in newspapers. Media cover- We can use drama to inform the public and still be accu-
age of police work can lead to unrealistic expectations and mis- rate. . . . And if . . . cops [don’t like] this, they had better
guided opinions about controversial incidents. See Figure 2–9 go back to a time when TV didn’t exist; like it or not,
for more on media portrayals of police in relation to police por- we live in a media/video/showbiz world. We can either
trayals of police work. understand and work with it or live in a bubble.47
Impression Management The police, like the media, have an interest in the portrayal
Smart police administrators do not let the media shape their of a certain form of drama. For example, while the media often
image. Instead, they engage in what is known as impression report the darkest side of crime, the police routinely publicize
management. As a police chief told the International Confer- their successful apprehensions and investigations. This is dra-
ence on Police–Media Relations, maturgy. Too much of it, though, is regarded unfavorably by the
public—and by the press. The “discipline” side of dramaturgi-
The future sees law enforcement becoming more and cal discipline is about finding the appropriate mix of facts and
more transparent. We are sharing more and more infor- favorable police publicity.
mation. We have to do this. We have to wake up and
smell the roses. You have to really build media relations, The Public Information Officer: An Asset?
formulate a plan, and provide other police with infor- In one of the most impressive media relations studies to date,
mation on how to be prepared to deal with the media.44 Lovell surveyed and spent time at a number of city police
According to one researcher, impression management best departments in an effort to uncover the most successful prac-
serves the public interest by reporting actual facts rather than tices those agencies engaged in to maintain a favorable pub-
by putting a “spin” on the information that police agencies lic image.48 He surveyed not citizens but rather police chiefs

and those in their departments who were charged with report- Professional Associations
ing to the media. Even so, the study yielded a veritable Every profession has at least one association for its members.
knowledge gold mine. One important finding is that crime Academics join associations that are unique to their fields and
has little bearing on media image; that is, police departments participate in those associations’ annual meetings. Medical
whose jurisdictions include the most crime-prone cities are doctors join huge professional groups like the American
not regarded unfavorably by the press simply because crime Medical Association. Lawyers, whether prosecutors, defense
rates are high. attorneys, or others, have their respective associations.
Lovell also sought to determine whether having a dedicated Schoolteachers join associations. Even occupations that are not
public information officer was preferable over other approaches. necessarily regarded as professions have their own associations.
A public information officer is the municipal police depart- Law enforcement personnel are no different. There are far too
ment’s equivalent of the White House’s press secretary. He or many police associations to list and describe here, but four are
she is the key point of contact through which the media must go quite prominent and well known.
to gather information. The public information officer also crafts The International Association of Chiefs of Police (IACP)
press releases, holds news conferences, and otherwise serves as is the best-known law enforcement association. The organi-
a department liaison to the press. Relatively few agencies have zation’s title suggests that membership is limited to police
public information officers, however, relying instead on either chiefs, but the IACP uses the term chief somewhat loosely.
departmental policies on how officers are supposed to interact Officers with executive authority are allowed to join as so-
with the media or training on how to handle media inquiries. called active members. Associate memberships are available
Interestingly, Lovell found that departments with comprehen- to anyone with sufficient background in law enforcement
sive media policies or public information officers were not practice or study, including academics and trainers. The
more likely to report a favorable media image than departments association also extends honorary and distinguished service
that allowed the press to speak with officers at all levels of the memberships to other people, including a number of non–law
agency: enforcement personnel. All told, the IACP boasts a mem-
It is not so much the presence of a media police [or a bership of more than 20,000 people in 89 countries across
public information] officer but the content of the strat- the globe.
egy within that contributes to effective impression man- IACP was founded in 1893. Its constitution describes the
agement. One such strategy that emerged as significantly association’s mission as follows:
and positively associated with a favorable police image As a leadership organization the Mission of the
is best summarized as department “openness.” Those International Association of Chiefs of Police is to
departments that both authorized and encouraged its advance professional police services; promote enhanced
officers to communicate with news reporters were more administrative, technical, and operational police
likely to assess the quality of their department’s image practices; foster cooperation and the exchange of
as favorable.49 information and experience among police leaders and
Lovell also found that although media training (i.e., teach- police organizations of recognized professional and
ing officers how to interact with the media) had a positive effect technical standing throughout the world; champion the
on a department’s image, the effect was modest. Above all else, recruitment and training of qualified persons in the
Lovell found that police administrators need to adopt a “media police profession; and encourage all police personnel
strategy” rather than a “media policy.” In other words, one worldwide to achieve and maintain the highest standards
more entry in the typical police policy manual is not enough. of ethics, integrity, community interaction, and
Policy manuals tend to spell out what police officers cannot professional conduct.50
do. Lovell feels that while media policies are essential, such IACP facilitates interagency communication through sev-
policies should also encourage officers to engage in proactive eral means. One is an annual meeting that convenes in a different
communications with the media when appropriate to seek out city each year. At the meeting, there are panels, presentations,
the press if the circumstances merit it. and training sessions. The meetings, which are generally orga-
nized around two subjects—law enforcement technology and
education, provide members ample opportunity to network
Other Law Enforcement Agencies with one another in both formal and informal settings. IACP
Every law enforcement agency—and in fact every organization also conducts various training programs throughout the year.
or group—communicates with others like it and with the enti- The association’s Research Center conducts a wide variety of
ties that represent its employees. The chief, for example, might police-related studies and disseminates the results, usually by
pick up the phone and call his or her counterpart in the next city posting them online. IACP also publishes The Police Chief, a
over. Agencies also communicate with one another across radio print and online magazine that is widely read by law enforce-
frequencies. These varieties of communication are staples in ment administrators throughout the United States. All in all,
modern law enforcement. Another key means by which police IACP provides a valuable interagency communication function
agencies communicate with one another and learn what their for police administrators.
colleagues are up to is through participation in professional Though far smaller than the IACP, the National Black Police
associations. Association was formed in 1972 as a parent association for

local and regional black police associations.51 According to In addition, it seeks to foster mutual help in the social
the association, it “is a nationwide organization of African sphere and to contribute, within the limits of its possi-
American Police Associations dedicated to the promotion of bilities, to the peaceful co-existence of different peoples
justice, fairness, and effectiveness in law enforcement.” Basi- and to the preservation of world peace.54
cally, the National Black Police Association has succeeded in The IPA’s national sections (those consisting of one coun-
creating a network of minority police officers throughout the try’s members) hold annual meetings. The main annual meeting,
United States. Though the association’s title suggests other- known as the IPA World Congress, provides an opportunity for
wise, membership is not restricted to African-American police law enforcement professionals from around the world to meet
officers, although they do make up the bulk of the membership. one another, share information, and learn of operational “best
Unlike IACP, the National Black Police Association does not practices” that have proved successful in other agencies. The
hold an annual meeting for all members, but its regional affili- IPA’s role is especially important in the wake of September 11.
ates hold their own meetings. There are five such regions. International cooperation is the word of the day, and the IPA
The International Union of Police Associations (IUPA) serves to promote such cooperation.
represents rank-and-file police officers and their unions from
across the country. The IUPA describes itself as follows:
The International Union of Police Associations is the
only AFL-CIO union chartered exclusively for law ▶ Police as a Piece of the
enforcement and law enforcement support personnel. Criminal Justice Puzzle
The AFL-CIO affiliation places I.U.P.A. in a position of Police work does not stop with an arrest. Police officers have
strength within the labor movement. While I.U.P.A.’s duties to perform throughout the criminal justice process, even
officers, active and retired law enforcement officers, well after trial. Also, police officers do not work in a criminal
fight to improve the lives of their brothers and sisters in justice vacuum. Their relationships with prosecutors and cor-
law enforcement, I.U.P.A. works to improve legislation rections officials are important, now more than ever.
that protects and affects public safety officers, as well as
representing the needs of law enforcement officers and
support personnel, whether that be for better equipment, The Criminal Justice Process
more staff or a fair wage.52 Police officers are involved in many different stages of the
The IUPA is more a lobbying organization than a profes- criminal justice process. They are often called on, for instance,
sional association. It holds meetings but not on par with, for to testify at trial. Figure 2–10
example, IACP. One of the marks of a lobbying organization provides an overview of the
Learning Summarize the police
is the use of us-versus-them language in its correspondence. criminal justice process and Outcomes role in the criminal
For example, the National Rifle Association regularly battles identifies stages where police 3 justice process.
those who would threaten Second Amendment rights, and the officers may be called on to
American Civil Liberties Union challenges people who threaten act or assist.
civil liberties. The IUPA, not surprisingly, tends to not speak
highly of police administrators, who are regarded as the “bad
guys” in nearly every union contract negotiation.
In addition to its lobbying efforts, the IUPA facilitates com- Think About It…
munication among police officers and among the unions that
Police–Corrections Part-
represent them. Some agencies have their own unions, and
nerships A possible
A.Ramey/PhotoEdit
police officers in other agencies join regional and state unions.
“dark side” to police–
The IUPA is the body that represents all their interests in the
corrections partnerships
nation’s capital.
is known as mission dis-
The largest police association in the world is the Interna-
tortion. Mission distortion
tional Police Association (IPA), though it is less known to most
refers to situations where
Americans than the IACP. The IPA boasts a membership of
the definition of one’s professional mission becomes
almost 376,000 people with national sections in 62 countries
blurred. For instance, actively working with the police
around the globe. The IPA’s core functions are, in its words,
makes it convenient for some community corrections offi-
to promote “global and cultural friendship among peace offi-
cers to gravitate toward a greater emphasis on law enforce-
cers.”53 Beyond that, the IPA describes its other concerns:
ment priorities at the expense of their responsibilities to
It is committed to the principles set out in the Universal provide services to their clients. Moreover, police–probation
Declaration of Human Rights as adopted by the United partnerships threaten to increase the likelihood of commu-
Nations in 1948 and recognizes that any form of torture nity corrections officers serving as stalking horses for police
is absolutely inconsistent with these principles. Its officers. Should police officers team up with probation offi-
aims include the development of cultural relations cers to conduct enhanced supervision of probationers? Can
amongst its members, a broadening of their general police–corrections partnerships lead to mission distortion?
knowledge and an exchange of professional experience.

Police in the Pretrial Phase
Once a suspect has been arrested, he or she is searched. This is done for the protection of the officer as well as to discover any contraband in the
suspect’s possession. The suspect is then transported to the police station and booked. Booking is the process of fingerprinting, processing, and
photographing the suspect, after which he or she is typically placed in a holding cell. The suspect may also be required to submit to a Breathalyzer or
other test or be required to participate in a lineup.
After booking, the police present their case to the prosecutor (usually by filing a report of some sort or by contacting the prosecutor). If the prosecutor
believes the evidence is persuasive enough, he or she will bring charges against the suspect, subject to certain restrictions specified in the Constitution
and clarified by the Supreme Court. Once charges are brought, the suspect is then referred to as a defendant. If the charges are minor, the police may
release the defendant rather than detaining him or her, in which case the defendant will be required to appear at
court at some later date.
Through their investigations, police effectively “build” criminal cases for prosecutors. Without this assistance,
prosecutors would be going into trial blind. When the process breaks down, particularly when the police forward weak
cases to the prosecutor, a conviction is difficult to secure.
Some jurisdictions rely on a grand jury rather than allowing prosecutors to determine whether charges are
appropriate. When a grand jury is used, it often works closely with the prosecutor, who presents the information that
the grand jury needs to make its decision. Police officers often testify before grand juries in order to help make the
case against a possible criminal defendant. The police role in grand jury investigations can be an important one
because the suspects who are being investigated—and possibly indicted—do not enjoy the right to be present at the
hearing or to offer evidence in their own defense.
Police at Trial
Once the pretrial process has concluded and the charges stand, a trial may or may not take place. If the
defendant pleads guilty, then a trial is not necessary. However, if the defendant pleads not guilty, the case is set for
trial. At trial, the prosecutor bears the burden of proving that the defendant is guilty beyond a reasonable doubt. This
often entails calling on one or more investigative or arresting police officers to provide testimony. Police officers need
to be prepared to be put under oath and provide testimony, usually for the prosecution, depending on the nature of
the charges.
Police after Trial

Generally, police officers have little to no role during the sentencing hearing or appellate phase. They do, however,
continue to work the same streets to which convicted criminals are eventually released. Clearly, many police officers
thrive on putting away bad guys, but there is little excitement in arresting the same person over and over. It is
therefore advantageous for police officers to work with officials whose responsibility involves the supervision of
convicted criminals. Not only does such cooperation promote successful reintegration of offenders into society, but it
can also assist the law enforcement function. Police officers who team with probation officers, for instance, can
creatively circumvent the Fourth Amendment and search probationers with relative ease. Collaborative methods like
this are taken up in the next two sections.
FIGURE 2–10 The Police in the Criminal Justice System.
government’s case against criminal defendants. When they fail

Relationships with Prosecutors in this regard, criminals are released back into society and
Police officers work closely with prosecutors (Figure 2–11). become police officers’ problem all over again. It is in the inter-
They may have almost no direct contact with prosecutors, save, est of both officials to work together, whether one-on-one or
perhaps, for testifying against a defendant in a criminal trial, but otherwise.
prosecutors depend on police officers to bring them cases. Were Throughout most of this country’s recent history, prosecu-
it not for police officers, few prosecutors would be employed. It tors have been reactive; that is, they have waited until police
is generally not their responsibility to go find suspected crimi- officers brought them cases to prosecute. To a large extent,
nals and press charges. The police take the first step. Likewise, this model persists today; many prosecutors thrive on taking
the police depend on prosecutors. Prosecutors present the serious offenders to court and sending them to prison for long

Police and Police and
Prosecutors Corrections Officials
Prosecutors depend on police to Police do not traditionally work
bring them cases and provide closely with probation and parole
evidence. officers.
Police depend on prosecutors to Collaboration can be helpful, but
successfully prosecute criminals. steps should be taken to minimize
Closer collaboration is becoming duplication of effort.
more popular.
FIGURE 2–11 Police Relationships within the Criminal Justice System.
periods of time. These prosecutors rely on the police for the justice system. Police–prosecution partnerships are becoming
preparation of key aspects of the cases, such as document- quite popular.
ing a confession. This traditional prosecutorial role has been
described as follows:
Relationships with Corrections Officials
The traditional . . . prosecutor likes to think of himself
It is perhaps easier to conceive of close working relationships
as the consummate carnivore: a learned lawyer, a com-
between police and prosecutors than between police and cor-
pelling oral advocate, a relentless pursuer of the truth
rections officials. This may be because, in terms of the crimi-
who fights crime by putting “bad guys” in jail. His allies
nal justice process, police and prosecutors work more closely
in this fight are the . . . investigative agencies. Those
together in time than police and corrections officials. In other
agencies identify trends in criminal behavior and
words, a case moves directly from the police department to the
“bring” the prosecutor the significant cases.55
prosecutor’s office but not from the police to, say, a parole offi-
It would be inaccurate to say that prosecutors are totally cer. With few exceptions, corrections officials usually enter the
dependent on police officers for the preparation of their cases. picture after the criminal trial and sentencing stages.
Many prosecutors’ offices have commissioned peace officers When we talk about “corrections officials” in this chapter,
who serve as investigators. California is one state that follows we are not referring to jail or prison personnel. Rather, our con-
this model. There is also much to be said about knowing the cern is with relationships between police officers and both pro-
law and crafting an argument. Prosecutors cannot rely on police bation officers and parole officers. Police officers have learned
officers in this regard. Being lawyers, they know the law better that such relationships can be quite helpful.
than the typical police officer. A skilled prosecutor will take the Parole officers do much of the same work as police; for effi-
evidence that the police present and use it creatively to mount ciency’s sake alone, it just makes sense to collaborate. While
an argument before a judge or jury. parole officers supervise individuals who were recently released
The traditional prosecutors, then, act more or less reactively. from prison, they cannot supervise their clients perfectly, partly
They are not concerned with preventing crime, reaching out to because of the high caseloads some parole officers oversee. Con-
other agencies, and collaborating with their law enforcement sequently, police officers often encounter parolees. When parole
colleagues. Recently, though, prosecution has changed. Col- officers and police officers work together, however, duplication
laboration, especially with police, is gaining momentum. of effort should be minimized. Also, some police departments
Prosecutors are becoming more receptive to partnering and are actively involving themselves in the reentry process, espe-
collaboration with various entities inside and outside the criminal cially in the days right after the parolee is released from prison.

THE CASE
Judicial Control over Police Practice
On August 12, 2013, a federal district court judge found the
City of New York liable for a pattern of unconstitutional stop-
and-frisk activities by the New York Police Department (NYPD).
The judge decided in part that
Rafael Ben-Ari/Alamy Stock Photo

the City adopted a policy of indirect racial profiling by
targeting racially defined groups for stops based on
local crime suspect data. This has resulted in the
disproportionate and discriminatory stopping of blacks
and Hispanics in violation of the Equal Protection
Clause. Both statistical and anecdotal evidence showed
that minorities are indeed treated differently than whites.
The following facts were uncontested in the case (i.e., both
New York and the plaintiffs agreed to them):
• Weapons were seized in 1.0% of the stops of blacks,
• Between January 2004 and June 2012, the police depart- 1.1% of the stops of Hispanics, and 1.4% of the stops
ment conducted over 4.4 million Terry stops. of whites.
• The number of stops per year rose sharply from 314,000 in • Contraband other than weapons was seized in 1.8% of the
2004 to a high of 686,000 in 2011. stops of blacks, 1.7% of the stops of Hispanics, and 2.3%
• Fifty-two percent of all stops were followed by a protective of the stops of whites.
frisk for weapons. A weapon was found after 1.5% of these • Between 2004 and 2009, the percentage of stops where
frisks. In other words, in 98.5% of the 2.3 million frisks, no the officer failed to state a specific suspected crime rose
weapon was found. from 1% to 36%.56
• Eight percent of all stops led to a search into the stopped In late 2015, in an effort to lower the risk of civil liability,
person’s clothing, ostensibly based on the officer feeling an and to reduce citizen complaints over police stops, the NYPD
object during the frisk that he suspected to be a weapon or began providing “Stop slips” to anyone stopped but not
immediately perceived to be contraband other than a arrested.57 Similar in appearance to parking “tickets,” the slips
weapon. In 9% of these searches, the felt object was in fact read: “When a police officer reasonably suspects that a person
a weapon. Ninety-one percent of the time, it was not. In has committed, is committing or is about to commit a felony, or
14% of these searches, the felt object was in fact contra- a Penal Law misdemeanor, the officer is authorized . . . to stop,
band. Eighty-six percent of the time, it was not. question and possibly frisk that person for a weapon.” The slip
• Six percent of all stops resulted in an arrest, and 6% also contains a checklist that the officer must complete before
resulted in a summons. The remaining 88% of the 4.4 it is issued. The seven checklist choices are (1) concealing or
million stops resulted in no further law enforcement action. possessing a weapon, (2) engaging in a drug transaction, (3)
proximity to the scene of a crime, (4) matches a specific sus-
• In 52% of the 4.4 million stops, the person stopped was
pect description, (5) acting as a lookout, (6) casing victim or
black; in 31%, the person was Hispanic; and in 10%, the
location, and (7) other. The other category, while broad,
person was white.
requires the officer to specify the reason for the stop in
• In 2010, New York City’s resident population was roughly writing. The officer’s name, rank, and shield number are then
23% black, 29% Hispanic, and 33% white. written on the slip, along with the name of the officer’s
• In 23% of the stops of blacks and 24% of the stops of His- supervisor.
panics, the officer recorded using force. The number for
whites was 17%.

An NYPD internal order, issued to officers when the slips were “because they are members of a racial or ethnic group that
distributed, makes clear that two factors that police were pre- appears more frequently in local crime suspect data.”
viously able to cite—furtive movements by a suspect, or sim- NYPD street stops have dramatically decreased in number
ply being in a high crime area—are not sufficient cause for a since the lawsuit began, and totaled less than 50,000
stop. That order also says that people can’t be stopped in 2015.
This case raises several interesting questions, among them are the following:
1. Do you agree with the judge’s decision? Why or why not?
2. Are the statistics described above sufficient to support the judge’s decision?
3. What limits, if any, should be placed on judicial control over policing?
4. What role did the public play in this case?
5. How prevalent is racial profiling in American policing? What can be done?

C hapter 2 Policing in the American Context
Learning Explain how the U.S. government’s features of democracy A form of government that vests supreme authority in the
Outcomes democracy and federalism impact policing. people, usually through their freely elected representatives.
1 Democracy and federalism have contributed to federalism A political doctrine holding that power is divided (often con-
the unique nature of policing in America. stitutionally) between a central governing body (e.g., the federal govern-
Democracy is the institutionalization of freedom. Among ment) and various constituent units (the states).
democracy’s implications for policing is the need to bal- dual federalism An interpretation of the U.S. Constitution that suggests a
ance due process against crime control. Federalism system in which the only powers vested in the federal government are
divides government power and decision-making capabilities those explicitly listed in the document, with the remaining powers being
between levels of government, and this has led to the cre- left to the states.
ation of federal, state, and local law enforcement agencies
in the United States.
1. What are the distinguishing features of policing in a
democracy?
2. How has our system of federalism affected policing in
the United States?
Learning Discuss the influence of various environmental police commission An agency maintained in some large cities that acts
Outcomes factors on policing. like a corporate board of directors, setting policy and overseeing the
2 The environment of policing includes citizens, police department’s operations.
government officials, the media, and other law Violent Crime Control and Law Enforcement Act of 1994 The U.S. legis-
enforcement agencies. Citizen support for police is lation that established the Office of Community Oriented Policing Services
affected by factors like race, age, sex, and prior contact. (the COPS Office) in the U.S. Justice Department.
Government influence over policing occurs through execu- impression management A media relations concept that involves con-
tive, legislative, and judicial channels. The media can both trolling the presentation of information to achieve a desired public
help and hurt law enforcement agencies, but skilled police perception.
administrators engage in impression management to dramaturgical discipline Achieving a balance between merely reporting
ensure a favorable public image. Two methods of promot- facts and putting a “spin” on those facts to create a desired impression.
ing interagency communication are participating in profes- public information officer A police department’s spokesperson. The
sional associations and keeping abreast of research. media must go through the public information officer to gather information
1. What is the policing environment? about the department.
2. Which aspect of the policing environment do you International Association of Chiefs of Police (IACP) Founded in 1893,
believe is most important? the best-known association for law enforcement professionals.
council-manager form The most common form of city government in cit- National Black Police Association The parent association, founded in
ies of more than 12,000 people. It consists of an elected city council 1972, for local and regional associations of African-American police
(usually between 5 and 12 people) responsible for all policy decisions for professionals.
the city. Mayors under this form of municipal government generally per- International Union of Police Associations (IUPA) An international
form ceremonial duties and serve as the voice—and often the leader—of police association, founded in 1954 and chartered by the AFL-CIO, that
the city council. represents all rank-and-file officers and functions more as a lobbying
mayor-council form A form of municipal government that can be catego- group than as a professional association.
rized in two ways. The strong-mayor variation gives the mayor almost limit- International Police Association (IPA) Founded in 1950, the largest
less authority over city operations, including the hiring and dismissal of police professional association in the world.
key officials. In the weak-mayor variation, which is more common in small
towns, the mayor serves largely at the behest of the city council.

Learning Summarize the police role in the criminal 2. What role do the police play in the corrections
Outcomes justice process. process?
3 The police are central participants in the overall booking The process of fingerprinting, processing, and photographing a
criminal justice system. They participate in the suspect, after which he or she is typically placed in a holding cell. The
criminal justice process during the pretrial, trial, and post- suspect may also be required to submit to testing (such as for alcohol) or
trial stages, and they interact regularly with prosecutors be required to participate in a lineup.
and corrections officials.
1. What is the role of the police in the criminal justice sys-
tem during trial?
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and contextual variables,” Journal of Criminal Justice, 36 Associated Press, “Town to police: ‘You’re fired,’” October
vol. 24 (1996), pp. 17–28. 23, 2006, www.cbsnews.com/stories/2006/10/23/
25 M. E. Correia, M. D. Reisig, and N. P. Lovrich, “Public per- national/main2114983.shtml (accessed December 6,
ceptions of state police: An analysis of individual-level 2013).
and contextual variables,” Journal of Criminal Justice, 37 City of San Diego, http://www.sandiego.gov/city-manager/
vol. 24 (1996), pp. 17–28; L. Cao, J. Frank, and F. Cullen, (accessed December 7, 2015).
“Race, community context, and confidence in the police,” 38 James Sterngold, “Police chief rebuffed in Los Angeles,”
American Journal of Police, vol. 15 (1996), pp. 3–22. New York Times, April 18, 2002, www.nytimes.
26 J. L. Worrall, “Public perceptions of police efficacy and com/2002/04/18/us/police-chief-rebuffed-in-los-angeles.
image.” html (accessed December 6, 2013).
27 O. Marenin, “Supporting the local police: The differential 39 GovernmentExecutive.com, “Park police chief fired,”
group basis of varieties of support,” Police Studies, July 9, 2004, www.govexec.com/dailyfed/0704/
vol. 6 (1983), pp. 50–56. 070904a1.htm (accessed December 7, 2015).
28 L. Cao, J. Frank, and F. Cullen, “Race, community con- 40 J. L. Worrall, “Constitutional issues in reality-based
text, and confidence in the police,” American Journal of police television programs: Media ride-alongs,” American
Police, vol. 15 (1996), pp. 3–22; D. Lewis and G. Salem, Journal of Criminal Justice, vol. 25 (2000), pp. 41–64.
Fear of crime: Incivility and the production of a social See also P. G. Kooistra, J. S. Mahoney, and S. D.
problem (New Brunswick, NJ: Transaction Books, 1986). Westervelt, “The world of crime according to ‘COPS,’”
29 P. Jesilow, J. Meyer, and N. Namazzi, “Public attitudes in Entertaining crime: Television reality programs, ed.
toward the police,” American Journal of Police, vol. 2 M. Fishman and G. Cavender, pp. 141–58 (New York:
(1995), pp. 67–88. Aldine De Gruyter, 1998); M. B. Oliver, “Portrayals of
30 Albrect and Green, “Attitudes toward the police and the crime, race, and aggression in ‘reality-based’ police
larger attitude complex”; R. Chackerian, “Police profes- shows: A content analysis,” Journal of Broadcasting and
sionalism and citizen evaluations: A preliminary look,” Electronic Media, vol. 38 (1994), pp. 179–92.
Public Administration Review, vol. 34 (1974), pp. 141–48; 41 J. M. Carlson, “Crime show viewing by preadults: The
K. S. Larsen, “Authoritarianism and attitudes toward impact on attitudes toward civil liberties,” Communication
the police,” Psychological Reports, vol. 3 (1968), Research, vol. 10 (1983), pp. 529–52; J. M. Carlson,
pp. 349–50; E. Zamble and P. Annesley, “Some determi- Prime time law enforcement: Crime show viewing and atti-
nants of public attitudes toward the police,” Journal of tudes toward the criminal justice system (New York:

Praeger, 1985); R. M. Entman, “Modern racism and the 50 International Association of Chiefs of Police, Constitution
images of blacks in local television news,” Critical Studies (Alexandria, VA: International Association of Chiefs of
in Mass Communication, vol. 7 (1990), pp. 332–45; R. M. Police, 2006). Reprinted by permission.
Entman, “Blacks in the news: Television, modern racism 51 The National Black Police Association website,
and cultural change,” Journalism Quarterly, vol. 60 (1992), www.blackpolice.org (accessed December 7, 2015).
pp. 341–61; G. Gerbner and L. Gross, “Living with televi-
52 International Union of Police Associations Mission
sion: The violence profile,” Journal of Communication,
Statement, www.iupa.org. Reprinted by permission.
vol. 26 (1976), pp. 173–99; R. P. Hawkins and S. Pingree,
“Uniform messages and habitual viewing: Unnecessary 53 International Police Association, www.ipa-usa.org/
assumptions in social reality effects,” Human Communica- (accessed December 7, 2015).
tion Research, vol. 7 (1981), pp. 291–301. 54 From “Aims of the IPA?” www.ipa-iac.org/content.
42 R. Costello and F. Biafora, “Just the facts ma’am: The php?pageId=20. Reprinted by permission of the Interna-
supreme court says ‘no’ to media ride-alongs,” Journal tional Police Association.
of Criminal Justice and Popular Culture, vol. 7 (1999), 55 E. Glazer, “Thinking strategically: How federal prosecu-
pp. 15–25, quote on p. 15. tors can reduce violent crime,” Fordham Urban Law
43 J. L. Worrall, “Constitutional issues in reality-based Journal, vol. 26 (1999), pp. 573–606.
police television programs,” 42–43. 56 Floyd v.City of New York, 08 Civ. 1034 (SAS), decided
44 J. S. Lovell, Media power and information control August 12, 2013.
(Washington, DC: National Institute of Justice, 2002), 57 Rocco Parascandola, “NYPD officially debuts stop-and-
p. 179. frisk ‘receipts’ and new rules for cops,” New York Daily
45 Ibid. News, September 28, 2015, http://www.nydailynews.
46 Ibid. com/new-york/nyc-crime/nypd-debuts-stop-and-frisk-
receipts-new-rules-cops-article-1.2374455 (accessed
47 Ibid.
March 25, 2016).
48 Ibid.
49 Ibid., pp. 188–89.

3
Law Enforcement Agencies
and Their Organization
1 Describe the different law enforcement agencies in

America.
2 Describe how law enforcement organizations differ

from other types of organizations.
3 Summarize the trends and issues associated with

private policing.
Jonathan Larsen/Diadem Images/

Alamy Stock Photo
Intro The Effect of Police on Crime
In a recent study that used statistical analysis to deter-
mine the correlation between police staffing levels and
Gareth Fuller/Alamy Stock Photo

crime rates in medium-size to large U.S. cities, Aaron
Chalfin and Justin McCrary found that an average of
$1.60 is saved for every dollar spent on police work.1
The savings come from reduced victimization costs, but
the study also showed that policing has a greater impact
on violent crime rates than on property crime rates.
Chalfin and McCrary, whose focus is the economics of
crime, studied 220 metropolitan areas throughout the
country and determined that while policing is generally
Law enforcement officers from a variety of
cost effective, some cities are better at using police
agencies join together at a memorial service
resources than others. One of the most effective small
for a fellow officer. How many different levels
cities in the study was Gary, Indiana, where every dollar of law enforcement agencies can you identify?
spent on policing resulted in a $14 benefit in crime
reduction. In contrast, only 20 cents in benefits accrued
in Sunnyvale, California, for every policing dollar spent. While Chalfin and McCrary focused only on local police,
The conclusion reached by Chalfin and McCrary is that there are many different levels and types of law enforce-
U.S. cities are underpoliced and that an increase in an ment organizations in the United States. This chapter
offender’s chances of being caught decreases crime. identifies and explores each of these levels.
▶ Agencies of Law Enforcement

The federal government has a number of its own enforcement federal laws. Most arms of the federal government have at least
agencies, as does each state government. Additionally, county- some enforcement component. The Internal Revenue Service,
and municipal-level agencies can be all across the country, for example, has its own crim-
including specialized agencies that don’t necessarily fit neatly inal enforcement division. Learning Describe the different
Outcomes law enforcement agen-
into any government category. Likewise, the U.S. Fish and
Wildlife Service’s Office of
1 cies in America.
Law Enforcement ensures that
How Many Are There? relevant statutes are upheld. Even the various branches of the
Counting the number of law enforcement agencies in America military have their own law enforcement arms. A comprehensive
is not unlike counting the number of citizens. The decennial list of federal law enforcement agencies is provided in Figure 3–1.
census of people living in the United States always falls short These enforcement agencies don’t exactly come to mind, how-
on some level because the number of residents does not remain ever, when we think about federal law enforcement. Instead, it is
constant. Some people die; others are born. Not surprisingly, the familiar agencies like the Federal Bureau of Investigation
police agencies follow similar patterns. New agencies are cre- (FBI) and the Drug Enforcement Administration (DEA) that
ated when newly incorporated cities need their own police come to mind. A focus on these well-known agencies shortens
force. Merging municipalities and shrinking towns can lead to the list considerably.
the combination or elimination of police departments. This Before the September 11, 2001, attacks on the United States,
makes counting cops a difficult task at best. it was somewhat difficult to succinctly describe the organization
Some researchers have identified as few as 15,000 agencies, of federal law enforcement. Agencies were housed in a number of
others as many as 40,000. What’s the actual number? One of different cabinet-level departments, including Justice, Treasury,
the more rigorous studies in this area relied on various sources Agriculture, Energy, and Health and Human Services. After
of data and came up with a very defensible estimate of a little September 11, America witnessed one of the most significant
more than 20,000 federal, state, and local agencies.2 The study’s efforts to restructure the federal government in generations.
authors also estimated that these agencies employ some 680,000 The Homeland Security Act of 2002 created what is now
sworn personnel.3 That means there is roughly one sworn law known as the Department of Homeland Security (DHS), a
enforcement officer for every 500 people in the United States.4 cabinet-level department. Homeland Security now houses a num-
ber of law enforcement agencies that, prior to September 11,
used to be found scattered throughout the federal government.
Federal Agencies The names of some of these agencies also changed. It has been
There are many federal law enforcement agencies, especially if a few years now since these changes were ushered in, but people
we define them as any agency charged with the enforcement of are still sometimes confused about the names and parent agencies

Department of Agriculture Bureau of Prisons
U.S. Forest Service Drug Enforcement Administration
Federal Bureau of Investigation
Department of Commerce
U.S. Marshals Service
Bureau of Export Enforcement
National Marine Fisheries Administration Department of Labor
Office of Labor Racketeering
Department of Defense
Air Force Office of Special Investigations Department of State
Army Criminal Investigation Division Diplomatic Security Service
Defense Criminal Investigative Service Department of Transportation
Naval Investigative Service
Federal Air Marshals Program
Department of Energy
Department of the Treasury
National Nuclear Safety Administration
Internal Revenue Service–Criminal Investigation
Office of Mission Operations Division
Office of Secure Transportation Treasury Inspector General for Tax Enforcement
Department of Health and Human Services Department of Veterans Affairs
Food and Drug Administration, Office of Office of Security and Law Enforcement
Criminal Investigations
U.S. Postal Service
Department of Homeland Security
Postal Inspection Service
Federal Law Enforcement Training Center
Federal Protective Service Other Offices with Enforcement Personnel
Transportation Security Administration Administrative Office of the U.S. Courts
U.S. Coast Guard AMTRAK Police
U.S. Customs and Border Protection (CBP)— Bureau of Engraving and Printing Police
includes U.S. Border Patrol Environmental Protection Agency–Criminal
U.S. Immigration and Customs Enforcement (ICE) Investigations Division
U.S. Secret Service Federal Reserve Board
Tennessee Valley Authority
Department of the Interior
U.S. Capitol Police
Bureau of Indian Affairs
U.S. Mint
Bureau of Land Management
U.S. Supreme Court Police
Fish and Wildlife Service
Washington, DC, Metropolitan Police
National Park Service Department
U.S. Park Police
Department of Justice
Bureau of Alcohol, Tobacco, Firearms
and Explosives
FIGURE 3–1 Federal Law Enforcement Agencies.
of various federal law enforcement agencies. To make sense The move to DHS became effective on March 1, 2003. DHS
out of the new organization, we will build our discussion of also houses what used to be called the U.S. Customs Service. It
these agencies around two categories. We will begin with the is now called Customs and Border Protection. Finally, what
law enforcement agencies found within Homeland Security and used to be called the Immigration and Naturalization Service
then discuss those found within the U.S. Department of Justice has basically been split into two separate entities, Immigration
(also see Figure 3–2 for a summary). and Customs Enforcement and Citizenship and Immigration
Services. The first of these is of special interest to us here.
Homeland Security Agencies
The DHS now houses the U.S. Secret Service. The Secret Ser- The Secret Service. The Secret Service is perhaps best known
vice used to be located within the Department of the Treasury. for its role in protecting the president and other government
38 Chapter 3 Law Enforcement Agencies and Their Organization

Department of Homeland Security Justice Department
The Secret Service • Provide protection for the president and FBI • Since 9/11, the FBI continues to be heavily
other government officials and their families involved in investigating terrorism; however,
• Enforce the suppression of counterfeit currency its primary function is enforcing federal laws
• Investigate organized crime and money
laundering schemes
U.S. Customs and • Primarily responsible for controlling and U.S. Marshals • The agency’s main responsibilities are
Border Protection p rotecting America’s orders and ports of Service judicial security and fugitive investigation
entry, including international airports and
international shipping ports
• Foremost concern is to combat terrorism
Immigration • Concerned primarily with illegal immigration Bureau of Alcohol, • A tax-collection, enforcement, and regulatory
and Customs Tobacco, Etc. arm of the U.S. Department of Justice
Enforcement • Screens the applications and issues firearms
licenses and targets illegal firearms trafficking
Drug Enforcement • Primarily responsible for enforcing controlled
Administration substance laws and regulations
FIGURE 3–2 Responsibilities of Key Federal Law Enforcement Agencies.
officials and their families. Tourists to the White House also see previously been separate. The entire U.S. Border Patrol was
the Secret Service’s uniformed officers protecting the presi- combined with portions of the U.S. Customs Service, U.S.
dent’s residence. These individuals are members of the Secret Immigration, and the Animal and Plant Health Inspection
Service’s Uniformed Division. The agency was first created, Service. Today, the agency consists of more than 60,000
though, to suppress counterfeit currency (Figure 3–3). From its employees whose mission is, simply, to control and protect
beginnings in 1865, that has been one of the agency’s primary America’s borders and ports of entry, including international
functions. That is why, prior to September 11, the Secret Ser- airports and international shipping ports. Because CBP is part
vice was housed in the Treasury Department. The Counterfeit of DHS, one of its foremost concerns is combating terrorism.
Division, however, is only one of several nonprotection divi- The agency claims dual goals, however: fighting terrorism and
sions within the Secret Service. “facilitating legitimate trade and travel.”5
For example, the Financial Crimes Division also investigates The most well-known component of CBP is the Border
organized crime and money laundering. The Secret Service’s Patrol. The agents that make up this division number nearly
Forensic Services Division assists with these and counterfeit 21,000. Border Patrol agents, combined with every other offi-
currency investigations. As of this writing, the Secret Service cial in CBP, make it one of the largest uniformed law enforce-
employs several thousand agents in more than 125 offices ment agencies in the United States.6
worldwide.
Immigration and Customs Enforcement. Closely connected to but
Customs and Border Protection. The establishment of U.S. Cus- independent of CBP is Immigration and Customs Enforcement
toms and Border Protection (CBP) after September 11 com- (ICE). Whereas CBP is more concerned with border protection
bined several elements of various federal agencies that had and customs checks, ICE focuses on investigation and is
July 5, 1865: October 1, 1922: 1962: Congress Expands 1981: Attempted 2013: Julia A. Pierson is
Secret Service White House Police Protective Duties to assassination of sworn in as the first female
Is Created Force Is Created Include the Vice President President Ronald Reagan Director of the Secret Service.
1850 1910 1930 1950 1970 1990 2010
Beginnings Expansion Today
1900 1920 1940 1960 1980 2000 2020
1901: President 1930: White House 1971: Congress 2003: The Secret Service
McKinley Is Police Are Placed under Authorizes Protection moves from the Department
Assassinated the Supervision of the for Visiting Heads of a of the Treasury to the new
Secret Service Foreign State Department of Homeland Security.
FIGURE 3–3 Brief History of the U.S. Secret Service.
Source: From USSS History, U.S Secret Service.

p articularly concerned with illegal immigration. There are three Federal Bureau of Investigation. The Federal Bureau of Investi-
main branches of ICE: gation (FBI) remains in the U.S. Department of Justice, but its
• Homeland Security Investigations mission has changed to some extent as a result of September
11. Its mission is now to “protect and defend the United States
• Enforcement and Removal Operations
against terrorist and foreign intelligence threats, to uphold
• Management and Administration and enforce the criminal laws of the United States, and to pro-
Of these, the first and second are most interesting to us. The vide leadership and criminal justice services to federal, state,
Office of Enforcement and Removal Operations enforces immi- municipal, and international agencies and partners.”10 To be
gration laws by ensuring the departure from the United States of sure, the FBI had a role in terrorism investigation before
“removable aliens.” Homeland Security Operations consists of September 11, but that was not one of the agency’s foremost
over 10,000 employees, including 6,700 special agents assigned to concerns. The September 11 attacks moved terrorism to the
200 cities in the United States and 47 countries around the world.7 front of the line. Indeed, the FBI’s “Most Wanted” list now
Prior to October 2009, the Federal Protective Service (FPS) includes known terrorists like Ayman Al-Zawahiri, Osama bin
was housed within ICE. It is responsible for securing more than Laden’s successor.
9,000 federal facilities worldwide. Its approximately 900 FPS Although the FBI is now heavily involved in investigat-
officers are now part of the National Protection and Programs ing terrorism, its primary function is enforcing federal laws.
Directorate, part of DHS.8 It is to the federal government what state police agencies are
to states, sheriff’s departments are to counties, and municipal
Justice Department Agencies police agencies are to cities. It is, in short, the investigative
With the exception of the Secret Service, the DHS agencies pre- arm of the U.S. Department of Justice. Its statutory authority
viously discussed are relatively new and unfamiliar. More accu- can be found in Title 28, Section 533, of the U.S. Code. A
rately stated, their names are new and unfamiliar. The agents and number of other statutes, including the Congressional Assas-
staff who do the work have been around for some time—in one sination, Kidnapping, and Assault Act (Title 18, Section 351,
position or another. Some of the Justice Department agencies U.S. Code), also name the FBI as the agency charged with
discussed in this section are, in contrast, quite familiar. Even enforcement. Moreover, the FBI has jurisdiction to enforce
people with no criminal justice education will recognize agen- more than 200 categories of federal law that proscribe all sorts
cies like the FBI or the U.S. Marshals Service. Because there is of criminal activity.
much misinformation about these agencies, we will cover them As of 2013, the FBI employed nearly 36,000 people, includ-
in some detail. We will also discuss the Bureau of Alcohol, ing almost 14,000 special agents and 22,000 support staff.11
Tobacco, Firearms, and Explosives (ATF) and the DEA. The agency’s budget for fiscal year 2012 was approximately
It should be clear why the Homeland Security agencies $8 billion. FBI officials can be found all around the globe. The
we have just discussed are housed where they are: Each has a headquarters are in Washington, DC, housed in the J. Edgar
unique opportunity to target terrorists and otherwise break up Hoover Building on Pennsylvania Avenue. But there are 56
terrorist plots. Why are the FBI, DEA, ATF, and USMS in the field offices located in major cities, approximately 400 resi-
Justice Department? This placement owes much to the 1870 Act dent agencies in smaller cities, and more than 60 international
to Establish the Justice Department.9 As a result of this legisla- offices. The international offices are called legal attachés and
tion, the Justice Department was tasked with handling the legal are housed in U.S. embassies worldwide. The chain of com-
business (especially via prosecutions of criminal activity) of the mand and various components of the FBI can be seen in the
United States and was given full control over all federal law agency’s organizational chart (Figure 3–4).
enforcement. Of course, things have changed since 1870, and
there are now law enforcement agencies, bureaus, and officials U.S. Marshals Service. The U.S. Marshals Service (USMS) is
throughout the federal government. Through thick and thin, the America’s oldest law enforcement agency (Figure 3–5).
agencies we are about to discuss have remained in the Justice Marshals were key law enforcement officials in the Old West,
Department for decades, and they will likely remain there for but at the turn of the twentieth century, their responsibilities
the foreseeable future. started to shift.
TIMELINE
The Development of the U.S. Marshals Service Over Time
1910 1920 1920–1960
Francisco Madero revolts (on U.S. soil) against Mexican Eighteenth Amendment ratified, making the U.S. Marshals started to
President Porfirio Diaz. U.S. Marshals protect the U.S.-Mexico manufacture, sale, and transportation of intoxicating perform bailiff functions
border against Diaz’s supporters, who were attempting to beverages illegal. U.S. Marshals were the key in U.S. courts.
harm Madero. enforcement agents.
FIGURE 3–5 The Development of the U.S. Marshals Service Over Time.

Office of
Public Affairs
Office of
FEDERAL BUREAU OF INVESTIGATION Congressional Affairs
Office of the
Chief of Staff Director General Counsel
Deputy Director Office of Equal

SACs Employment Opportunity
Resource Office of Professional

Planning Office Responsibility
Associate
Deputy Director Office of the
Inspector Division
Ombudsman
Office of integrity
and Compliance
Executive Assistant Director for

National Security Branch
Executive Assistant Executive Assistant Executive Assistant
Executive Assistant
Associate Executive Assistant Director for Criminal, Director for Science Director for Information
Director for Human
Director for National Security Cyber, Response, and Technology and Technology
Resources Branch
Branch and Services Branch Branch Branch
Counterterrorism Criminal Investigative Operational IT Management Facilities and Logistics

Training Division
Division Division Technology Division Division Services Division
Counterintelligence IT Engineering Human Resources

Cyber Division Laboratory Division Finance Division
Division Division Division
Directorate of Critical Incident Criminal Justice Information IT Services Records Management

Security Division
Intelligence Response Group Services Division Division Division
Weapons of Mass International Operations

Destruction Directorate Division
Office of Law
Enforcement Coordination
FIGURE 3–4 Organizational Chart of the Federal Bureau of Investigation.

Source: From Organizational Chart, Federal Bureau of Investigation.
Today, there are more than 3,700 deputy marshals through- Marshals work in task forces alongside local law enforce-
out the United States. They work for 94 presidentially appointed ment agencies to apprehend fugitives. Less familiar are USMS
U.S. marshals (one for each federal district). When staff mem- units like the Special Operations Group, which is similar to a
bers are added to the mix, the USMS employs over 5,200 local police agency’s special weapons and tactics (SWAT) team.
people in more than 200 offices both in the United States and As for witness security, the agency has protected, relocated,
abroad.12 The agency’s main responsibilities are judicial secu- and given new identities to approximately 8,500 individu-
rity and fugitive investigation. Marshals protect federal judicial als. The USMS has also joined up with customs enforcement
officials, including judges, attorneys, and jurors. The USMS and immigration officials to more efficiently deport criminal
arrests more federal fugitives than all other federal agencies aliens. Marshals are also responsible for housing more than
combined. In fiscal year 2016, for instance, marshals arrested 50,000 federal detainees. More details about the USMS appear
more than 33,000 federal fugitives. in Figure 3–6.
1971 1979 1980s

Witness Security Program was U.S. Marshals Service took U.S. Marshals Service assumed responsibility for managing and disposing
established and overseen by the U.S. charge of apprehending of assets seized by all federal law enforcement agencies.11 The federal
Marshals Service. federal fugitives. Asset Forfeiture Program is housed in the U.S. Marshals Service and
manages more than $1.2 billion in cash, conveyances, and real property.

FIGURE 3–6 U.S. Marshals Service Responsibilities.
Source: From Fact Sheet: U.S. Marshals Service, U S Department of Justice.

Bureau of Alcohol, Tobacco, Firearms, and Explosives. Unlike the • Management of a national drug intelligence program in
USMS and the FBI, the Bureau of Alcohol, Tobacco, Firearms, cooperation with federal, state, local, and foreign officials
and Explosives (ATF) has not been a part of the Justice to collect, analyze, and disseminate strategic and opera-
Department for very long. On January 24, 2003, it was trans- tional drug intelligence information.
ferred from the Department of the Treasury to Justice, in • Seizure and forfeiture of assets derived from, traceable to,
accordance with the Homeland Security Act. Vestiges of ATF or intended to be used for illicit drug trafficking.
remain in the Treasury Department, however. Specifically, the
Treasury Department is still responsible for certain tax and
• Enforcement of the provisions of the Controlled
Substances Act as they pertain to the manufacture,
trade functions associated with ATF. The move from the Trea-
distribution, and dispensing of legally produced
sury Department to the Justice Department included a name
controlled substances.
change for the agency, from simply the Bureau of Alcohol,
Tobacco, and Firearms to the Bureau of Alcohol, Tobacco, • Coordination and cooperation with federal, state, and
Firearms, and Explosives. The ATF acronym remains in place, local law enforcement officials on mutual drug enforce-
however, even though explosives are now one of the agency’s ment efforts and enhancement of such efforts through
key concerns. exploitation of potential interstate and international
ATF is basically a tax-collection, enforcement, and regula- investigations beyond local or limited federal jurisdic-
tory arm of the U.S. Department of Justice. The Gun Control tions and resources.
Act of 1968 required that every manufacturer, importer, and • Coordination and cooperation with federal, state, and local
dealer of firearms obtain a Federal Firearms License. ATF agencies and with foreign governments in programs
screens the applications and issues the licenses. Dealers are designed to reduce the availability of illicit abuse-type
required to comply with applicable federal laws and to keep drugs on the U.S. market through nonenforcement
records of all firearms sales, and ATF conducts inspections of methods such as crop eradication, crop substitution, and
gun dealerships to ensure compliance. ATF also targets illegal training of foreign officials.
firearms trafficking.
As for explosives, ATF investigates explosions and cases of
• Responsibility, under the policy guidance of the secretary of
state and U.S. ambassadors, for all programs associated with
arson. It has been particularly involved, for instance, with investi-
drug law enforcement counterparts in foreign countries.
gations of arson and bombings at abortion clinics throughout the
United States. Finally, the agency regulates distilleries, wineries, • Liaison with the United Nations, Interpol, and other orga-
breweries, and tobacco manufacturers and retailers. Its National nizations on matters relating to international drug control
Laboratory Center ensures that the labels on alcoholic beverages programs.13
do not contain misleading information. The DEA is one of the larger federal law enforcement agen-
Besides staff, ATF employs both special agents and inspec- cies. It employs over 9,000 people, including over 4,600 special
tors. The agents are the criminal investigators and enforcement agents. The agency has 221 domestic offices in 21 divisions
officials. Inspectors’ responsibilities do not include investiga- throughout the United States. It also has 86 offices in 67 foreign
tion and enforcement per se. Rather, they help people start countries.14
new businesses, such as firearms dealerships, liquor stores,
and the like. Inspectors also visit dealerships and retail
establishments to ensure compliance with the law. ATF also State Agencies
employs a number of lawyers, auditors, chemists, and com- Most state police agencies were initially created for a specific
puter experts. The agency is headquartered in Washington, purpose. The Texas Rangers, for example, were established in
D.C., where the majority of the agency’s approximately 5,000 1835, even before Texas attained statehood, and functioned
employees work. The remainder staff about 25 field offices largely as a military organization responsible for patrolling
located throughout the United States and in a handful of for- the republic’s borders. Massachusetts was the second state to
eign nations. create a law enforcement agency. It was developed with the
intent of targeting vice crimes. Today, numerous state polic-
Drug Enforcement Administration. The Drug Enforcement Admin- ing agencies exist. Table 3–1 shows that the number of per-
istration (DEA) is tasked with enforcing controlled substance sonnel employed by state law enforcement agencies is
laws and regulations. The agency brings to justice people and significantly less than the number employed in local police
organizations involved in the illegal growing, manufacture, and departments.
distribution of controlled substances. To accomplish these State law enforcement agencies are usually organized
tasks, the DEA’s primary responsibilities include the following: according to one of two models. In the first, a centralized polic-
ing model, the tasks of major criminal investigations are com-
• Investigation and preparation for the prosecution of major bined with the patrol of state highways. A number of states rely
violators of controlled substance laws operating at inter- on these centralized agencies, the names of which often include
state and international levels. state police or state patrol. The second model, the decentral-
• Investigation and preparation for prosecution of criminals ized policing model, is more like a traditional municipal police
and drug gangs who perpetrate violence in our communi- agency. Figure 3–7 highlights the key points of the centralized
ties and terrorize citizens through fear and intimidation. and decentralized state policing models.

State and Local Law Enforcement Agencies and Employees
Table 3–1 in the United States
Full-Time Employees Part-Time Employees
Type of Agency Agencies Total Sworn Civilian Total Sworn Civilian

Total 15,388 1,045,360 724,690 320,670 83,499 39,101 44,398
Local police 12,326 604,959 477,317 127,642 57,317 26,745 30,572
Sheriff’s office 3,012 351,904 188,952 162,952 25,179 12,356 12,823
Primary state 50 88,497 58,421 30,076 1,003 0 1,003
Source: From Local Police Departments, 2013: Personnel, Policies, and Practices, U S Department of Justice.
The Centralized Model bureau of investigation. The names of the respective agencies
The Pennsylvania Constabulary, known today as the Pennsylvania may vary, however, even though their functions are largely the
State Police, was the first modern force to combine the duties of same. In North Carolina, for example, the two major state-level
criminal investigations and state highway patrol. It has been law enforcement agencies are the North Carolina Highway
described as the first modern state police agency. Michigan, New Patrol and the State Bureau of Investigation. Georgia fields a
Jersey, New York, Vermont, and Delaware are a few of the states highway patrol and the Georgia Bureau of Investigation,
that patterned their state-level enforcement activities after the and South Carolina operates a highway patrol and the South
centralized Pennsylvania model. Some state agencies give Carolina Law Enforcement Division.
greater emphasis to one or more of the responsibilities than to States that use the decentralized model usually have a
others. The Washington State Patrol, for example, is well known number of other adjunct state-level law enforcement agen-
for its very active presence on state highways, but through its cies. North Carolina, for example, has created a State Wildlife
investigative and forensics bureaus, it assists local agencies Commission with enforcement powers, a Board of Alcohol
in solving crimes throughout the state. The California Highway Beverage Control with additional agents, and a separate
Patrol is also known foremost as a traffic enforcement agency Enforcement and Theft Bureau for enforcing certain motor
because of its obvious presence on California roads and vehicle and theft laws. Other states have merged historically
freeways. A centralized model organizational chart is shown separate agencies into one parent organization. Oregon’s State
in Figure 3–8. Police is an example. In 1993, the legislature in that state
approved a law that merged the Oregon State Fire Marshal’s
The Decentralized Model Office, Oregon Emergency Management, the Law Enforce-
North Carolina, South Carolina, and Georgia are a few of the ment Data System, and the Oregon Boxing and Wrestling
many states that employ both a highway patrol and a state Commission into the State Police.
State Policing Models Key Points

Centralized Assist local law enforcement departments in criminal
investigations when asked to do so
Operate identification bureaus
Maintain a centralized criminal records repository
Patrol the state’s highways
Provide select training for municipal and county officers
Decentralized Most prevalent in the southern portion and some Midwestern portions
of the United States
Draws a clear distinction between traffic enforcement on state highways
and other state-level law enforcement functions
FIGURE 3–7 Centralized versus Decentralized State Policing Models.

46
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Source: From Washington State Patrol Organizational Chart, Washington State Patrol.
associated with counting cops, but the point is that there are
Local Agencies many of them. Most areas are patrolled and served by officials
Local police agencies, including city and county agencies, are a from one or both of these types of agencies.
third level of law enforcement activity in the United States—
the other two being federal and state. The term local agencies Municipal Police
encompasses a wide variety of organizations. Municipal police Every incorporated municipality in the country has the authority
departments and sheriff’s departments are most familiar. to create its own police force. Some very small communities hire
Other, lesser-known agencies, such as campus police depart- only one officer to fill the roles of chief, investigator, and night
ments and transit police, are also categorized as “local.” Even watch—as well as everything in between. The majority of local
some public schools have a police presence, as do airports, state agencies employ fewer than ten full-time officers, and about 25%
capitols, medical facilities, state parks, certain prosecutor’s (approximately 3,000) employ fewer than five full-time officers.17
offices, and other organizations. The personnel employed in A few communities contract with private security firms for
local agencies far outnumber all federal and state law enforce- police services, and still others have no active police force at all,
ment officials combined. depending instead on local sheriff’s departments to deal with
Some local police departments are highly visible because law violators. Some cities also contract with county sheriff’s
of their size, huge budgets, innovative programs, and—perhaps departments to provide law enforcement services. Whether a
above all else—the attention they receive from the press, tele- city has a police force or any police presence at all depends
vision producers, and moviemakers. The nation’s largest law on funding as well. Hiring a police officer, putting the person
enforcement agency, the New York City Police Department, through training, paying benefits, and so on can cost hundreds
for example, has about 45,000 full-time employees, including of thousands of dollars.
about 35,000 full-time sworn officers.15 Likewise, the police City police chiefs are typically appointed by the mayor or
departments in Los Angeles, Chicago, Houston, and other large selected by the city council. Their departments’ jurisdictions
cities employ thousands of sworn officers. These agencies are are limited by convention to the geographic boundaries of their
routinely featured in television shows and “cop” movies, but far communities. Municipal police departments are all organized in
greater in number, albeit less visible, are small-town police and a fairly similar fashion. Larger agencies have many more per-
county sheriff’s departments. sonnel and divisions, of course, but they still follow a fairly
There are approximately 12,326 municipal police depart- ordinary bureaucratic structure. Typically, the chief is near the
ments and 3,012 sheriff’s departments in the United States top, followed by deputy chiefs, captains, lieutenants, sergeants,
(out of the roughly 20,000 law enforcement agencies in the and so forth. The number of ranks varies from one agency
country).16 These numbers are only estimates, given the difficulty to the next. To illustrate, see Figure 3–9. The first presents the
Chief of Police
Asst. Chief of Police
Executive Secretary
Criminal Administrative
Patrol Division
Investigations Services
Lieutenant Lieutenant Lieutenant Lieutenant
Administrative Sergeant
Sergeant Sergeant Investigations Narcotics Unit
Communications
Sergeant Sergeant Sergeant Sergeant
Manager
Sergeant Sergeant PSO Detectives Detectives
Communications Specialist
Warrants
Officers Officers
Community Services
Officers
Officers Officers
Sergeant
Information
Officers Officers
Technology & Records Officers
Computer Manager
Crime Analyst Records Clerks
Property Technician
FIGURE 3–9 Another Example of a Municipal Police Department Organizational Chart.

Source: From Rockwall Police Department, http://www.rockwallpolice.org/images/OrgChart.jpg (accessed on November 8, 2016).

o rganizational chart of the Los Angeles Police Department, time has been given arrest Learning Describe how law
while the second shows the organization of the McKinney authority, such as in the wake Outcomes
enforcement organiza-
(Texas) Police Department. of Hurricane Katrina. The 2 tions differ from other
Posse Comitatus Act prohib- types of organizations.
Sheriff’s Departments its the military from engaging
Sheriff’s departments are responsible for law enforcement in domestic law enforcement functions, but if Congress so
throughout the counties in which they function. Sheriff’s depu- allows, the act can be circumvented. In any case, the National
ties mostly patrol the unincorporated areas of the county, or Guard and the military are still connected with the government,
those that lie between municipalities. They do, however, have not unlike the typical police agency. Perhaps it is useful, then,
jurisdiction throughout the county, and in some areas they rou- to distinguish between government and civilian law enforce-
tinely work alongside municipal police to enforce laws within ment organizations.
towns and cities. If a traffic accident occurs within city limits, The closest parallel civilian organization to the modern
for example, a sheriff’s deputy may appear on the scene first law enforcement agency is a private security company. Such
and take control. companies may look like police departments, but most private
Sheriff’s departments are also generally responsible for security officials are not sanctioned to use force in the course
serving court papers, including civil summonses, and for of their duties, nor are they authorized to make arrests in the
maintaining security within state courtrooms. They run county traditional sense. In either case, they have to rely on sworn law
jails and are responsible for more detainees awaiting trial than enforcement officials to take over at a certain point.
any other type of law enforcement department in the country. Police organizations differ from other organizations in more
Sheriff’s departments remain strong across most of the country, than just arrest powers and use of force:
although in parts of New England, deputies mostly function as 1. Their status as public agencies makes them quite distinct
court agents with limited law enforcement duties. from the realm of private business.21
Sheriffs are usually elected officials,18 unlike city police
chiefs. This creates a somewhat different set of priorities for 2. Unlike private organizations, they exist within a political
them. Police chiefs answer to city officials, but sheriffs answer to environment, as do other public organizations, such as
voters. If the voters are displeased with a sheriff’s performance, prosecutor’s offices and universities.
come election time they can move a new sheriff into office. 3. They work in the public eye and must follow all the rules
In most jurisdictions, not just anyone can run for the posi- applicable to government agencies.
tion of sheriff. Ohio, for example, requires not only past law 4. They are not run for profit, as are private security agencies
enforcement experience but experience in law enforcement and some private prisons.
administration as well.19 The law ensures that all unqualified
candidates are screened out in advance of elections. 5. They are often hamstrung by bureaucratic rules and regu-
lations that can stifle creativity and flexibility.
Like most public agencies, police organizations have limited
resources. They often have to pursue grants and other sources of
The Organization of Law “soft money” (i.e., funding apart from their year-to-year budgets)
Enforcement Agencies just to make ends meet. Many private companies have no short-
age of cash in the bank, and when they don’t have the money
An organization can be defined as “a consciously coordinated they need, they can take out loans. This is not a luxury available
social entity, with a relatively identifiable boundary, that functions to public-sector organizations, although parent governments can
on a relatively continuous basis to achieve a common goal or set borrow typically through the issuance of bonds. Finally, whereas
of goals.”20 To be “consciously coordinated” means that someone many businesses answer to the shareholders, police organiza-
(or perhaps a group of people) is managing the organization. tions have to answer to the public. They may not have to answer
The notion of “social entity” refers to the fact that organizations directly to the public, but as we have already seen, some law
are groups of people. Finally, “identifiable boundary” refers to an enforcement executives (such as sheriffs) do answer to the voters.
organization’s service population. By this definition, police Law enforcement organizations also differ from other types
departments are organizations, as are schools, businesses, and of public and private organizations because the people who
nonprofit groups. However, police departments—and nearly all work in them generally fall into one of two categories: staff and
law enforcement agencies in general—differ from other types of line officials. A distinct “chain of command” is usually estab-
organizations in a number of key respects. lished in most law enforcement agencies.
Staff versus Line Duties

How Police Departments Differ Staff (nonsworn personnel) assist line officials (sworn person-
from Other Organizations nel). In some organizations, there are as many or more staff
Police organizations differ from other types of organizations, than line personnel. Secretaries and administrative assistants,
most obviously because usually only the police have both human resources personnel, crime analysts, 911 dispatchers,
legitimate arrest power and authority to use force. The National record keepers, and a host of other functional specialists tend to
Guard has been activated in various places and from time to fall into this category. The chief in most large agencies has a

secretary or an office manager. This person is usually nonenforcement agencies different from most other organizations.
sworn. In very large agencies, the office manager may have While this command structure has its advantages, it is also sig-
additional assistants under his or her command. Likewise, nificantly limited, as we will see shortly.
crime analysts are often nonsworn, but the units they work in
tend to be headed by sworn officials, such as sergeants. By con-
trast, sworn personnel consist of all the commissioned peace Traditional and Contemporary
officers within the organization, from the chief or sheriff all the Organization
way down to the frontline officers or deputies. Small rural The traditional approach to police organization hails from Sir
police agencies are not always organized in this fashion, but the Robert Peel’s recommendation that agencies follow the mili-
typical agency has at least some mix of staff and sworn person- tary model. One of the first principles Peel espoused was that
nel. This is not the case in most other public agencies. “the police must be stable, efficient, and organized along mili-
tary lines.”22 As we just saw, Peel’s legacy lives on. But because
Chain of Command
few police organizations follow the military model in every
Every organization, public or private, follows a chain of com- detail, they are often said to be quasi-military in structure. The
mand. Private companies tend to have a chief executive officer, leaders of law enforcement agencies are not called generals, for
a president, or both at the helm. Schools have principals. Most instance. Also, there tend to be fewer distinct ranks in the typi-
prosecutor’s offices are run by an elected district attorney. In cal police organization than in the military. Even so, there is
this respect, police agencies, sheriff’s departments, and other much similarity to the military model in terms of how most
law enforcement agencies are no different; someone is in police agencies are organized.
charge. Where law enforcement agencies part ways with other
organizations, though, is in the chain of command. Classical Organizational Theory
The functional structure of a command chain incorporates Peel’s advocacy of the military model for policing was echoed
the notion of span of control, which refers to the number of sub- by O. W. Wilson and other influential figures in early American
ordinates supervised by one person. The bigger the organization policing. But what is the logic for this model of organization?
and the higher up the ladder a person ascends, the greater that What makes the quasi-military model so desirable? To answer
person’s span of control. these questions, we need to look beyond policing to the realm
Command structures differ from one police agency to of organizational theory—particularly to the legacy of two key
the next, but they share much in common with the military individuals, Frederick W. Taylor and Max Weber.
command structure (see Figure 3–10). This also makes law Taylor studied organizations for the purpose of improving
worker productivity. During his time, people often worked to
the point of exhaustion. People were assigned tasks they were
unfamiliar with or were incapable of performing adequately.
Military Police Force In a word, they worked ineffectively. Taylor’s contribution was
(Army/Marines/Air Force)
in the area of increasing worker productivity through careful
General Chief of Police attention to how work was allocated and who performed what
functions. Weber, on the other hand, studied the features of suc-
cessful organizations. Together, Weber and Taylor ushered in an
Lieutenant General Assistant Chief
era of scientific management. They believed that scientific prin-
ciples should be applied to workplaces so that workers could
Major General Deputy Chief be as productive as possible with the least amount of effort.
Perhaps above all else, Taylor stressed the role of managers in
Brigadier General Commander
ensuring a smooth-running workplace.
Max Weber is widely recognized as one of the first people
to study bureaucracy. He did not invent bureaucracy, nor is he
Colonel responsible for all the negative connotations the term takes on
today. But Weber did identify five principles that he suggested
Lieutenant Colonel are characteristic of an effective bureaucratic organization.23
These principles can be applied to law enforcement:
Major 1. Well-defined hierarchy of authority. In every traditional
police organization, superior–subordinate relationships
are based on authority, from the patrol officer up to the
Captain Captain
chief. Each person at a higher position or rank has more
authority than do his or her subordinates.
Lieutenant Lieutenant
2. Specialization. Every person’s job is broken into precise,
routine, and well-defined tasks. By dividing tasks among
several work groups, the organization becomes more
FIGURE 3–10 Chain of Command: Military versus Civilian Police. efficient.
The Organization of Law Enforcement Agencies 49

3. Formalization. There must be a well-established system of A contrasting view of organizations is that they are “organic,”
rules and regulations detailing workers’ duties to ensure like living, breathing entities made up of real human beings.
uniformity and reduce discretion. The mechanistic view of organizations separates the people
4. Impersonality of management. Decisions should be made element from the command structure. The organic view does
without regard to personalities or individuals. Decision the opposite; it allows employees greater input and responsibil-
making should be based on the goals and objectives of ity in decision making, especially at the lower levels. Applying
the agency. this thinking to policing, an organic organizational structure
would elevate the status of the line officers by giving them
5. Personnel decisions based on merit. Positions should be some control over the organization’s mission, day-to-day oper-
filled and promotions made according to merit—that is, ations, and key decisions. Advocates believe that this is a more
based on the experience and qualifications of the individ- flexible and adaptive method of organization.25
ual. The agency must strive to put the best qualified indi- Participatory management is an important concept in police
viduals in each position. management circles today. It refers to a form of leadership that
Does this sound like the typical police agency? The answer allows subordinates to participate in decision making and plan-
is most certainly yes. Every agency today has clearly defined ning, especially with regard to the manner in which their own
levels of authority, specialization, and formalization. Authority units are operated. Related to this is the use of quality circles,
is accomplished via the rank structure. Specialization is evident groups of qualified officers from all ranks who work together
not just in levels of supervision (the vertical dimension) but also (often around one table) to solve organizational problems.
within the agency’s various divisions (the horizontal dimen- Contingency theory recognizes that there are often different
sion). These two features can be seen in the organizational types of tasks within a single organization: repetitive and nonre-
charts presented earlier in this chapter. Concerning formaliza- petitive tasks. The former calls for standardization and control,
tion, every law enforcement agency has a policy manual that while the latter calls for flexibility and participatory manage-
employees must follow. Also, merit-based personnel decisions ment. How is this manifested in the typical police agency? On
are standard in modern police agencies. the one hand, consider the traffic enforcement division. Its tasks
are repetitive, and it can easily be managed via a traditional
Contemporary Organizational Theory organizational model; there is little need for flexibility in writ-
The classical model of police organization has its limitations. Crit- ing tickets. On the other hand, a problem-solving unit within the
ics feel that the classical approach is, in a word, “mechanistic.”24 same agency may need to be structured to allow team members
to be creative and do what it takes within the limits of the law
to effectively target certain crimes. This is the very definition of
contingency theory; organizational strategies are contingent on
the tasks at hand.
Think About It… The final approach to organizational style considered in this
Private Security Some researchers have looked at the chapter is the systems perspective, which is rooted in biology.
problems of car theft and burglary in parking garages, This view posits that organizations are living organisms that
especially when there is little monitoring of the vehicles strive for a state of equilibrium, or balance, and that affect or are
temporarily stored there. These researchers have focused affected by their environment.26 The last element is most telling.
on whether the addition of guards, security attendants, and Today, it is very clear that police organizations do not operate
closed-circuit television reduces these crimes. Studies show in a vacuum. They affect their surroundings through officers’
that guards and security attendants do deter criminals, but actions and inactions. They are also affected by the environ-
the costs of employing attendants or security guards may ment (i.e., the media, public opinion, relationships with other
raise parking fees. Concerning the deterrent effect of patrol government officials, relationships with private business, and
in general, the evidence is mixed. One review found that so on). They are, to use some organizational terminology, “open
police presence was significantly associated with reduced systems.” Systems theory differs from the other approaches in
crime in only 10 of 36 studies. Will private security become its concern with organizational parts—and their relationships to
more important as time goes on? Why? What strengths does one another—as more than the whole being. The systems view
private security have that ordinary policing does not? of organizational design takes the same approach—making sure
all the pieces of the whole work together to ensure survival.
David Stuart/Shutterstock
▶ Private Policing and Security

The police are not the only ones in the business of crime control
and prevention. Public police (municipal police officers, sher-
iff’s deputies, state troopers, and so on) work alongside scores
of private police and security officials.27 People employed as
private police officers or security personnel outnumber public
police officers by three to one.28 The number of companies

engaged in providing private police or security services has criminal offenses. Stepping over into the private policing realm,
been estimated at more than 10,000.29 They employ more than though, few people would object to a store owner who hires a
500,000 personnel, including more than 10,000 store detec- private police officer for additional protection.
tives, nearly 100,000 managers and staff, and nearly 400,000
security officers.30 Private Policing Methods
The contract security industry (consisting of companies Private policing can also be distinguished from public policing
that enter into contracts with businesses to provide security) by its methods. South African criminologist Clifford Shearing
estimated in 1999 that it has identified four such methods.37 First, private police person-
employed 719,000 uniformed Learning Summarize the trends nel focus largely on loss control and prevention. Retail security
Outcomes and issues associated
personnel.31 Other estimates guards, for instance, are in the business of making sure their
place the number of people
3 with private policing. clients’ products are not stolen or embezzled. The term loss pre-
involved in either private vention can encompass much more than lost merchandise.
policing or security at more than 2 million.32 Despite their Some private police focus on the prevention of accidents and
numbers, private police and security professionals have largely costly mistakes. According to Joh, “The emphasis on loss also
escaped the notice of police scholars.33 means that private police are disengaged from the moral under-
pinnings of the criminal law; they focus instead on property and
asset protection.”38 “Moral underpinnings” refers to the what’s
Private Security versus Private Policing right/what’s wrong aspect of the laws that public police are
Security guards are highly visible to the public. They work in charged with enforcing. Whereas public police target situations
retail establishments, hotels, gated communities, and sports deemed by constituents and law-making bodies to be problems,
venues, to name just a few locations. These guards come imme- private police are not limited by these issues; they do what their
diately to mind when we consider private policing, but they clients want without regard to moral issues.
represent the proverbial tip of the iceberg. In this regard, it is The second main private policing method is prevention:
useful to distinguish between private security and private polic- “Private police stress preventive means over detection and
ing. According to Elizabeth Joh, a law professor at the Univer- apprehension to control crime and disorder.”39 Their concern is
sity of California, Davis, private security refers to the industry not so much with the punishment of wrongdoers. Rather, it is
that provides “for-profit security products and services, which with preventing the disruption of legitimate business activities.
include three broad categories: the provision of guards, equip- It is ironic, in fact, that retailers often place signs throughout
ment, and investigation or consulting services.”34 Home owners their establishments warning that “shoplifters will be prosecuted
who buy a home security system do so from the private security to the fullest extent of the law.” For one thing, retailers have
industry. Private policing, on the other hand, refers to “the limited say over whether someone will be charged with theft;
acquisition and use of these products and services, as well as prosecutors make this decision. In addition, retailers’ concern
the application of specialized knowledge in areas like crime with prosecution is typically incidental to their more immediate
control, investigation, and risk management.”35 In other words, concern for making sure the business doesn’t lose money.
private police are supplied by the private security industry. That is why private police rely on surveillance. Casino own-
Our concern here is not with the private security industry ers, for example, go to great pains to keep an eye on things and
per se. Rather, our interest is in private policing’s provision make sure that dishonest gamblers do not line their pockets at
of security, crime prevention, and crime-control functions. the casino’s expense.
Whether we call it security or policing is not particularly Private policing is also distinguished from public policing
important, but for consistency’s sake, we will use the term by its focus on “private justice” rather than public justice. As
private policing from here on out, knowing that private polic- Joh points out, private security provides a functional alternative
ing owes its livelihood to the private security industry. Private to the public police and the criminal justice system.40 Consider,
police could be trained personnel supplied by the private secu- for example, employee theft from a retail store. What would the
rity industry or ordinary people—trained in the trade or not— store’s owner rather do—go to the trouble of prosecuting the
who are not affiliated with any known security company but employee or simply fire the person? The latter choice would
are hired to provide security services. be the easiest. What about the gambler who counts cards in a
blackjack game and gets caught? He or she would sooner be
banned from the casino than charged with any criminal viola-
Private Policing versus Public Policing tion. “In a private justice system,” Joh says, “the resolution of
One of the hallmarks of public policing is that it is funded by problems is left to the control and discretion of private police
tax dollars. One distinguishing feature of private policing, on and their clients, who may see some incidents as unworthy of
the other hand, is its “client-driven mandate.”36 Client-driven the lost time and resources necessary to assist in a public pros-
relationships in the world of public policing are usually ecution.”41 Indeed, some businesses are willing to absorb a cer-
regarded as unethical. For example, most people regard it as tain amount of loss rather than incurring the costs of pursuing
inappropriate for a store owner to offer perks (such as free mer- formal criminal charges against a wrongdoer.
chandise or discounts) to a city police officer. An officer who The fourth distinguishing feature of private policing is a con-
receives such benefits from a citizen may be more inclined to cern with private rather than public property. Generally, public
favor that person with additional security or to ignore minor police do not have the luxury of entering private places without

cost-effective alternative to state-run correctional facilities.
Think About It… Critics charge that privatization turns criminal justice into a
for-profit venture, which could translate into detrimental cost-
Citizen Patrols Citizen crime patrols are made up of cutting measures. Second, some people have charged that
trained volunteers who drive around and “patrol” their private policing is poised to replace public policing. Nothing
neighborhoods looking for suspicious activity and reporting could be further from the truth, however. As Sklansky puts it,
it to officers who then respond. These patrols have been “Private policing poses no risk of supplanting public law
touted as creating an extra barrier to criminal activity in the enforcement entirely, at least not in our lifetime, and it is far
community. from clear to what extent the growing numbers of private secu-
In one survey of citizens’ and police officers’ attitudes rity employees are actually performing functions previously
about citizen patrols, people felt that patrol should be per- carried out by public officers.”43
formed by armed, state-sanctioned police. Two other similar Perhaps the most significant controversy associated with
studies suggest that citizen patrols may exacerbate fear private policing deals with constitutional concerns. In general,
and have no discernible effect on crime. Should private citi- because private police are nongovernmental, they are not bound
zens be permitted to assist the police with patrol? Why or by the same legal requirements as public police. As Sklansky
why not? How effective can a citizen patrol be compared to notes,
an ordinary police patrol? Explain. Perhaps the most basic and invariable principle of criminal
procedure is that constitutional restrictions on
policing—the limitations imposed by the Fourth, Fifth,
proper cause or an invitation. At the opposite extreme, private and Sixth Amendments, the prophylactic rules of
police generally don’t care what happens in public spaces. Their evidentiary exclusion constructed to reinforce those
job is, for the most part, protecting private property. Often they limitations, and the analogous rules of state constitu-
work in quasi-public places, such as privately owned malls that tional law—apply only to investigative action attribut-
are open to the public, but their loyalties lie with the businesses able to the government.44
that employ them, not the general public. The U.S. Supreme Court has yet to tackle the issue of pri-
For a summary of the differences between private and pub- vate policing head-on. It decided one case in 1964 involving an
lic policing, see Figure 3–11. amusement park security guard who had been “deputized” by
the county sheriff,45 ruling that the security guard was a state
official and thus was bound by the same legal constraints as
Controversies in Private Policing public police officers. Beyond that case, the Supreme Court has
Private security is controversial in a number of respects. First, had little to say. State courts, however, have been much more
it is important to note that private security is but one part of a vocal, and most of them have refused to treat private police as
larger privatization movement in criminal justice. 42 Private state actors. For example, private police have been exempted
prisons, for instance, have emerged to provide a presumably from the Fourth Amendment,46 the Miranda rule,47 and entrap-
ment restrictions.48 We will look at these issues from a public
policing perspective in Chapter 10.
Private Public It would be a mistake to construe these decisions as granting
unbridled power to private police. It is true that some private
Focus on loss prevention Focus on right vs. wrong and enforcing
police do have more power than ordinary citizens, and depu-
public policy
tizing private police officers gives them—briefly—the same
Focus on prevention, not Focus on detection, apprehension, and authority as public police. Additionally, many private police
punishment punishment officers are off-duty public police officers. Yet most private
police do not enjoy the same legal powers as public police:
Private justice—punishment Public justice—punishment depends on
“Many private security guards . . . possess no greater legal
up to discretion of business the law
capabilities than do ordinary citizens to forcibly detain persons
Concerned with protection of Concerned with protection of public who are suspected of or have in fact committed a crime.”49 In
private property and clients property and the general public many states, ordinary citizens can arrest people for misdemean-
ors committed in their presence and for felonies that they have
Private versus Public Policing.
FIGURE 3–11 probable cause to believe were committed.50

THE CASE
Joe Arpaio, “America’s Toughest Sheriff”
Joe Arpaio, the controversial sheriff of Maricopa County, Arizona,
bills himself as “the world’s toughest sheriff.” He is well known
for his desert jail’s “tent city,” where inmates sometimes live
outside in 110-degree heat. Arpaio is also famous for the pink
underwear that he has required male inmates to wear (and that
has been sold to them to raise revenue for the county) and for
the chain gangs that he reinstituted. On one occasion, Arpaio
even had his inmates march down public streets wearing only
their pink underwear.
In 2013, the 9th Circuit Court of Appeals weighed in on the
sheriff’s pink underwear policy, saying that it appeared to be
“punishment without legal justification,” and noted that it’s fair
to infer that the selection of pink as the underwear color was
meant to symbolize the loss of prisoners’ masculinity.51
A. T. Willett/Alamy Stock Photo

The pink underwear policy became the basis of a recent civil
rights lawsuit. In 2001, Eric Vogel was detained as part of a
burglary investigation and subsequently arrested for assaulting
an officer. After being booked in the Phoenix Jail, Vogel was
placed on a psychiatric hold pursuant to a diagnosis that he
was paranoid and psychotic. When he was forced to “dress out,”
which meant he had to change into a prison uniform and pink
underwear, he refused. When he was forcibly changed, he yelled
that he was being raped.
Following Vogel’s release, he was involved in a minor car acci- posse members and provided a total of 2,244 man hours of
dent with his mother. Police were summoned. Fearing a return patrol. Posse members assisted other law enforcement agen-
to the Phoenix Jail, Vogel fled the scene and attempted to walk cies in 133 incidents, with the most notable being medical
four or five miles to his home. The next day, he died of cardiac assistance calls and shoplifter apprehension.
arrhythmia. His family sued Sheriff Arpaio and Maricopa Sheriff Arpaio represents an “extreme case” in the world of law
County, claiming, in part, that the pink underwear policy enforcement executives—a phrase that he applied to himself
caused Vogel’s death. In 2014, the suit was settled when Mari- in a book he coauthored with Len Sherman, America’s Tough-
copa County commissioners agreed to pay $240,000 to est Sheriff: How We Can Win the War against Crime. Arpaio
Vogel’s estate. has been reelected to a sixth term, although in 2016, federal
Finally, in 2015, Arpaio called for expansion of “mall posses,”— judge G. Murray Snow asked the U.S. Attorney’s Office to file
a concept that uses legally armed citizens who volunteer to criminal contempt charges against the sheriff due to his
patrol shopping malls during the holiday season. In 2015, alleged failure to follow the judge’s instructions in a case of
Arpaio’s local holiday posse mall patrol used 383 volunteer racial profiling.52
The case featured here raises a number of important questions:

1. Did a due process violation occur in Vogel’s case?
2. Are Sheriff Arpaio’s policies outrageous?
3. Would an appointed city police chief be allowed to adopt policies similar to Arpaio’s?

C hapte r 3 Law Enforcement Agencies and Their Organization
Learning Describe the different law enforcement Federal Bureau of Investigation (FBI) The investigative arm of the U.S.
Outcomes agencies in America. Department of Justice.
1 The roughly 20,000 law enforcement agencies U.S. Marshals Service (USMS) The oldest American law enforcement
in the United States are found at the federal, agency. Its mission includes judicial security and fugitive investigation and
state, and local levels. Most federal law enforcement apprehension.
agencies are located in the Department of Homeland Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) A tax-
Security and the Department of Justice. Most state police collection, enforcement, and regulatory arm of the U.S. Department of
agencies follow either a centralized or a decentralized Justice.
model. Local law enforcement agencies consist mostly of Drug Enforcement Administration (DEA) The U.S. law enforcement
municipal police departments and county sheriff’s offices. agency tasked with enforcing controlled-substance laws and regulations.
Other agencies operate at the local level, but they are the centralized policing model The less prevalent model of state police orga-
exception. nization, in which the tasks of major criminal investigations are combined
1. Identify and describe a number of key federal law with the patrol of state highways.
enforcement agencies and explain their roles. decentralized policing model A model of policing in which central gov-
2. What two models of state law enforcement can be ernments exercise relatively few police powers and in which the majority of
identified? What are the differences between them? police services are provided by separate local and regional agencies.
Homeland Security Act of 2002 U.S. legislation enacted after the terror- local agency One of the three levels of law enforcement activity in the
ist attacks of September 11, 2001, that created the cabinet-level Depart- United States—the other two being state and federal—that encompasses
ment of Homeland Security. organizations like municipal police departments, sheriff’s departments,
and other lesser-known agencies (including campus police, transit police,
money laundering The process by which criminals or criminal organiza-
and specialized agencies at public schools, airports, state capitols, medi-
tions seek to disguise the illicit nature of their proceeds by introducing
cal facilities, state parks, certain prosecutors’ offices, and others).
them into the stream of legitimate commerce and finance.
Together, the personnel in these local agencies far outnumber all state
Customs and Border Protection (CBP) The U.S. law enforcement and federal law enforcement officials combined.
agency, established after the terrorist attacks on September 11, 2001,
municipal police department One of the types of local law enforcement
that combined the entire U.S. Border Patrol with portions of the U.S. Cus-
agencies in the United States. Specifically, the law enforcement agency
toms Service, U.S. Immigration, and the Animal and Plant Health Inspec-
that serves a municipality.
tion Service. CBP was given the mission of controlling and protecting
America’s borders and ports of entry, including international airports and sheriff’s department One of the types of local law enforcement agencies
international shipping ports. in the United States. Specifically, the law enforcement agency that serves
a county or parish.
Immigration and Customs Enforcement (ICE) The largest investigative
component of the federal Department of Homeland Security. ICE focuses
specifically on illegal immigration.
Learning Describe how law enforcement organizations nonsworn personnel Support staff members of a law enforcement agency
Outcomes differ from other types of organizations. who are not empowered to make arrests.
2 Law enforcement organizations differ from sworn personnel Members of a law enforcement agency who are empow-
other organizations in several respects, but ered to make arrests.
there are two key differences: Law enforcement organiza- chain of command The supervisory channel within a law enforcement
tions have line and staff personnel, and most follow a organization.
quasi-military command structure. The quasi-military orga- span of control The number of subordinates supervised by one person.
nizational model is not without its faults, which led to the quasi-military An organizational structure that follows the military model
emergence in police agencies of modern organizational to some extent, but with subtle differences.
theories and designs (e.g., contingency theories).
Frederick W. Taylor (1856–1915) A classical organizational theorist
1. How do police organizations differ from other types of who posited that worker productivity could be increased through
organizations? careful attention to how work was allocated and who performed what
2. What does it mean to say that law enforcement organi- functions.
zations follow a quasi-military model? Max Weber (1864–1920) A classical organizational theorist, widely
3. What are the benefits as well as the disadvantages of acknowledged as the father of bureaucracy, who identified five principles that
a quasi-military model of organization for law enforce- he suggested are characteristic of an effective bureaucratic organization.
ment agencies? bureaucracy The administrative structure of a large or complex
organization, typically employing task-specialized bureaus or
organization A group in which individuals work together to accomplish
departments.
specified tasks or goals.

participatory management A form of leadership that allows subordinates repetitive tasks that call for standardization and control and nonrepeti-
to participate in decision making and planning, especially with regard to tive tasks that call for flexibility and participatory management.
the manner in which their own units are operated. systems perspective A view of organizational style, rooted in biology,
quality circle A group of qualified employees from all ranks who work that posits that organizations are living organisms that strive for a state
together, often around one table, to solve organizational problems. of equilibrium, or balance, and that affect or are affected by their
contingency theory A management theory that recognizes that there environment.
are often different types of tasks within a single organization, including
Learning Summarize the trends and issues associated private security The industry that provides for-profit security products and
Outcomes with private policing. services, which include three broad categories: the provision of guards,
3 Private police officers outnumber sworn public equipment, and investigative or consulting services.
police officers by roughly three to one. Private private policing The acquisition and use of security products and
police are hired to serve a client’s interests, and thus their services, as well as the application of specialized knowledge in areas
priorities differ from those of public police. The most signif- like crime control, investigation, and risk management, by nonsworn
icant controversy in private policing is whether private personnel.
police can be regarded as governmental actors for pur-
poses of the law. The integration of private and public
policing resources continues to be an ongoing challenge
for public safety managers everywhere.
1. What is the relationship between public police depart-
ments and private security agencies?
2. How can public police departments and private security
agencies benefit one another?
References
1 Aaron Chalfin and Justin McCrary, “Are U.S. cities underpo- 10 Federal Bureau of Investigation, “Quick facts,” www.fbi
liced? Theory and evidence,” National Bureau of Economic .gov/about-us/quick-facts (accessed December 7, 2015).
Research, Working Paper No. 18815, May 30, 2013. 11 Ibid.
2 E. R. Maguire et al., “Counting cops: Estimating the 12 http://www.usmarshals.gov/duties/factsheets/facts.pdf
number of police departments and police officers in the (accessed August 25, 2016).
USA,” Policing: An International Journal of Police Strate-
13 See www.justice.gov/dea/about/mission.shtml
gies and Management, vol. 21 (1998), p. 109.
(accessed December 7, 2015).
3 Ibid.
14 See http://www.dea.gov/docs/factsheet.pdf (accessed
4 We divided 314 million (there are approximately this December 7, 2015).
many people in the United States as of this writing) by
15 New York City Police Department website, www.nyc.gov/
680,000 and rounded up.
html/nypd/html/faq/faq_police.shtml#1 (accessed
5 U.S. Customs and Border Protection, Vision and strategy, December 7, 2015).
2020, p. 6, http://www.cbp.gov/sites/default/files/
16 B. A. Reaves, Local police departments, 2013: Personnel,
documents/CBP-Vision-Strategy-2020.pdf (accessed
policies, and practices (Washington, DC: Bureau of Jus-
December 7, 2015).
tice Statistics, 2015). These are most recent figures
6 U.S. Customs and Border Protection, “On a typical
available as of this writing (December 7, 2015).
date in fiscal year 2014, CBP . . . ,” http://www.cbp
.gov/newsroom/stats/typical-day-fy2014 (accessed 17 Ibid.
December 7, 2015). 18 This is not the case in every state.
7 See https://www.ice.gov/hsi (accessed December 7, 19 Ohio Revised Code, Section 3313.616 (2006).
2015). 20 S. P. Robbins, Organization theory: Structure, design, and
8 See www.dhs.gov/about-national-protection-and- applications (Englewood Cliffs, NJ: Prentice Hall, 1990).
programs-directorate (accessed December 7, 2015). 21 H. G. Rainey, Understanding the managing of public orga-
9 16 Stat. 162. nizations (San Francisco: Jossey-Bass, 1991).
Chapter 3 Law Enforcement Agencies and Their Organization 55

22 A. Germann, F. Day, and R. Gallati, Introduction to law 39 Shearing and Stenning, “Modern private security.”
enforcement and criminal justice (Springfield, IL: Charles 40 Joh, “The paradox of private policing,” p. 62.
C. Thomas, 1978).
41 Ibid., p. 63.
23 M. Weber, “Bureaucracy,” in Organizations, vol. 1, ed.
42 See, e.g., D. Shichor and M. J. Gilbert, eds., Privatization
J. Litterer, pp. 29–31 (New York: Wiley, 1969).
in criminal justice: Past, present, and future (Dayton, OH:
24 T. Burns and G. Stalker, The management of innovation Lexis-Nexis, 2001).
(London: Tavistock, 1961).
43 D. A. Sklansky, “The private police,” UCLA Law Review,
25 J. Kuykendall and R. Roberg, Police administration (Los vol. 46 (1999), p. 1166.
Angeles: Roxbury, 1997).
44 Ibid., pp. 1230–31.
26 L. Bertalanffy, “General systems theory: A new approach
45 Griffin v. Maryland, 378 U.S. 130 (1964).
to the unity of science,” Human Biology, vol. 23 (1951),
pp. 302–61. 46 See, e.g., Wade v. Byles, 83 F.3d 902 (7th Cir. 1996);
Gallagher v. Neil Young Freedom Concert, 49 F.3d 1442
27 See, e.g., M. K. Nalla and C. G. Heraux, “Assessing the
(10th Cir. 1995); United States v. Francoeur, 547 F.2d
goals and functions of private police,” Journal of Criminal
891 (5th Cir. 1977); People v. Taylor, 271 Cal. Rptr. 785
Justice, vol. 31 (2003), pp. 237–47.
(Ct. App. 1990); United States v. Lima, 424 A.2d 113
28 E. Joh, “The paradox of private policing,” Journal of Crimi-
(D.C. 1980) (en banc); People v. Toliver, 377 N.E.2d 207
nal Law and Criminology, vol. 95 (2004), pp. 49–131.
(Ill. App. Ct. 1978); People v. Holloway, 267 N.W.2d 454
29 R. Behar, “Thugs in uniform,” Time, March 9, 1992, (Mich. Ct. App. 1978); State v. Buswell, 460 N.W.2d 614
p. 44. (Minn. 1990).
30 W. C. Cunningham and J. J. Strauchs, “Security industry 47 See, e.g., United States v. Antonelli, 434 F.2d 335 (2d
trends: 1993 and beyond,” Security Management, vol. Cir. 1970); City of Grand Rapids v. Impens, 327 N.W.2d
36 (1992), pp. 27–30, 32, 34–36. 278 (Mich. 1982).
31 Freedonia Group, Private security services—Demand 48 See, e.g., United States v. Cruz, 783 F.2d 1470, 1473
and sales forecasts, market share, market size, market (9th Cir. 1986); State v. Garcia, 528 So. 2d 76 (Fla. Dist.
leaders (Cleveland, OH: Freedonia Group, 2015). Ct. App. 1988); Perez v. State, 517 So. 2d 106 (Fla.
32 Cunningham and Strauchs, “Security industry trends,” Dist. Ct. App. 1987); People v. Gorski, 494 N.E.2d 246
pp. 27–30, 32, 34–36. (Ill. App. Ct. 1986); State v. Farmer, 510 P.2d 180 (Kan.
33 ASIS International, The United States security industry: 1973); Commonwealth v. Lindenmuth, 554 A.2d 62 (Pa.
Size and scope, trends, and data (Alexandria, VA: ASIS Super. Ct. 1989).
International, 2013). 49 Joh, “The paradox of private policing,” p. 64.
34 Joh, “The paradox of private policing,” p. 67. 50 See, e.g., J. Hall, “Legal and social aspects of arrest
35 Ibid. without a warrant,” Harvard Law Review, vol. 49 (1935),
36 Ibid., p. 62. p. 566.
37 C. D. Shearing and P. Stenning, “Modern private security: 51 “Arpaio loses appeal on pink-underwear case,” Jacques
Its growth and implications,” in Crime and justice: A Billeaud, Associated Press, March 4, 2013.
review of research, ed. M. Tonry, pp. 193–246 (Chicago: 52 Kimberly Hutcherson, “Judge seeks criminal contempt
University of Chicago Press, 1981). See also C. D. charges against Sheriff Joe Arpaio,” CNN, August 20,
Shearing and P. C. Stenning, Private policing (Newbury 2016, http://www.cnn.com/2016/08/20/us/arpaio-
Park, CA: Sage, 1987). criminal-contempt-charges-referral/index.html (accessed
38 Joh, “The paradox of private policing,” p. 62. September 1, 2016).

Becoming a Cop
4
1 Outline the hiring process, including testing,
interviewing, and various screening procedures.
2 Recount academy and field training elements of

police hiring.
3 Summarize the issues faced by female and minority

police officers.
4 Summarize the issues police officers confront on

the job.
ZUMA Press, Inc/Alamy Stock Photo
Intro Drug Decriminalization and Police Hiring
Not long ago, a personal history of drug use—including
that of marijuana—would automatically disqualify an
applicant for a law enforcement position. Now, however,
as states (and perhaps the federal government) move to
David J. Green/Alamy Stock Photo

decriminalize possession and use of small amounts of
cannabis for private personal recreational use, the tradi-
tional hiring practices of police departments are being
challenged. One 2015 California survey, for example,
found that many police departments in that state have
begun to change hiring standards by discounting prior
marijuana use.1 Some departments simply don’t ask
applicants about marijuana use, and a few will accept
applications from potential new hires who admit to hav-
ing used marijuana in the recent past.
A lighted marijuana cigarette. How has growing marijuana
Although many police supervisors have long held that decriminalization impacted police hiring practices?
drug use by officers was inconsistent with the role of law
enforcers, and some believed that such use might lead
to corrupt policing practices including the acceptance of
bribes, attitudes have begun a significant shift in keeping Comey, told reporters that the Bureau’s need to hire high-
with changed laws and public acceptance of practices quality cybersecurity experts might mandate such a
that had previously been viewed negatively. Even the FBI change.2 Comey appeared to be referring to the belief
may be considering hiring agents who have experimented that the prior behavior of many such candidates might
with marijuana. In 2014, for example, FBI director James involve the use of marijuana.
▶ Hiring and Training

Becoming a police officer involves much more than just taking employees in civil service positions receive specific protections
an exam, passing a background check, and spending a few such as job security and equal pay for equivalent work. Know-
weeks in the police academy. For many, policing is a lifelong ing that policing is a civil service job provides an appreciation
pursuit. First, of course, can- for the intricacies and nuances of the hiring process; because
Learning Outline the hiring didates need to apply for people who become police officers tend to stay in their posi-
Outcomes process, including
police work and be hired. In tions for a long time, considerable attention must be given to
1 testing, interviewing, addition to test scores, the hiring the right people.
and various screening
procedures. applicant’s interview perfor-
mance, character, and medi-
cal and drug history all factor The Hiring Decision
into the hiring decision. Hiring is only the first step, however. Whether a person will be hired as a police officer depends on a
Academy training comes next, followed by field training. The number of conditions. Generally, candidates are evaluated on
performance of police officers is measured throughout their the basis of their test score, interview performance, personal
careers. Those officers who hope for promotion must demon- background, performance on a polygraph exam, medical his-
strate that, through their job performance, they have the ability tory, and past drug use (Figure 4–1). The problem, as police
and qualifications to take on greater responsibilities. specialist Ken Peak has observed, is that agencies are often
Law enforcement is generally regarded as a civil service job. made to feel as though they have to find people who can “walk
Civil service is a system in which employees are hired, retained, on water.”3 Early police reformer August Vollmer once said that
advanced, disciplined, and discharged on the basis of merit, or candidates for the position of police officer should
their abilities and qualifications. Civil service is in contrast to
the patronage system of old. You may recall from Chapter 1 have the wisdom of Solomon, the courage of David, the
that during the political era, police hiring decisions were based patience of Job and leadership of Moses, the kindness
more on an individual’s political support for whomever was in of the Good Samaritan, the diplomacy of Lincoln, the
charge than on the applicant’s individual qualifications. tolerance of the Carpenter of Nazareth, and, finally, an
Civil service was implemented to enhance police profes- intimate knowledge of every branch of natural, biologi-
sionalism. Many states, local governments, and even the fed- cal, and social sciences.4
eral government have civil service commissions that ensure that Suffice it to say, that’s a tall order!
58 Chapter 4 Becoming a Cop

of Police Organizations put recruitment at the
Recruitment top of a list of problems facing police depart-
ments today.6
Position announcements placed in newspapers, career websites,
college campuses, and civil service or municipal government The hiring crisis in law enforcement is not to
websites. be taken lightly. The Los Angeles Police Depart-
ment saw a 50% reduction in applications over
the course of three years.7 The Chicago Police
Department had 25,000 applicants in 1993 and
Testing Requirements only 1,900 in 2000.8 Why the sudden decline?
Written examination to gauge intelligence (as well as reading There are many reasons for today’s lack
and writing abilities) and physical agility test to determine if the of qualified applicants. One has been the war
applicant is physically fit to perform the duties of a police officer. in the Middle East, which has drained young
men and women from the U.S. civilian work-
force. Another explanation has been the relative
The Interview strength of the economy; police departments
have a hard time competing with higher-
About 90% of police departments conduct an oral interview of paying private-sector jobs. An increasing (though
candidates who successfully met or exceeded the department’s relatively small) number of agencies are also
predetermined testing requirements. requiring that their applicants have at least a
few college credits, if not an actual degree. This
further restricts the pool of eligible applicants.
Background Investigation Unfavorable press coverage of scandals and
corruption can further discourage people from
Sometimes called a character investigation, in which an applying.
investigator will peer into all conceivable elements of the
In response, agencies are going to great
applicant’s life.
pains to offer attractive schedules, benefits, and
job perks and are aggressively recruiting appli-
cants. Larger departments have officers who do
Polygraph Exam nothing but travel around the country to recruit.
Others have conducted studies to determine how
About two-thirds of America’s law enforcement agencies rely on
polygraph exams as part of the employment screening process best to attract applicants.
to encourage honesty during questioning.
Testing Requirements
An applicant usually takes two tests to become
an officer: a written test and a physical agility
Medical and Drug Screening test. To ensure that their tests are valid (i.e., able
Besides detecting past or current drug use, screening also to measure what they intend to measure) and
assesses medical fitness to perform the job. reliable (the results don’t vary markedly from
one test to the next), most agencies use exams
prepared by companies that specialize in creat-
ing exams for various occupations.
FIGURE 4–1 The Police Hiring Process.
Some departments also use the written exam
as an opportunity to determine an applicant’s
personality type. Personality tests are also rou-
tinely used in the hiring process. They consist of numerous,
Recruitment sometimes odd and repetitive questions that result in scores that
Jobs in policing can be quite competitive, depending on the agencies can then use to weed out the psychologically unfit.9
position and the timing. For positions regarded as prestigious, As for physical testing, every applicant must meet cer-
such as those with the federal government, getting a job can be tain criteria. Physical agility tests vary widely from agency to
quite difficult. Timing can be important. One applicant for the agency. Some focus specifically on the candidates’ ability to
Seattle Police Department during the early 1990s took the exam perform the job. State trooper applicants in Washington, for
with roughly a thousand other people in a lecture hall at the example, are required to lift a tire onto the mock hub of an auto-
University of Washington, but the department had a mandate to mobile, among other tasks. Other departments ensure that their
hire only about a dozen officers. applicants can perform a certain number of push-ups and sit-
Fortunately for those looking for police work, such stories ups and run a specified distance within a limited time period.
are now the exception. In fact, police departments around the The challenge for those involved in hiring police officers is to
country are increasingly having to come to grips with a some- ensure that any exam is truly job related. In fact, tests have to be
what shallow hiring pool.5 Recently, the National Association job related to avoid discrimination complaints. Some agencies
Hiring and Training 59

will draw on official records and will conduct in-depth inter-
Think About It… views with friends, family members, coworkers, acquaintances,
and even former acquaintances. In short, the background inves-
Police Personality Test- tigation is intended to discover those skeletons, if any, in the
ing Do police personality applicant’s closet that are not revealed during other phases of
James Shaffer/
tests work? To answer these the hiring process.
Photo Edit
questions, it is important
to understand the role of Polygraph Exam
personality testing in law Polygraphs are used to encourage honesty during question-
enforcement. It is not done ing. The examiner begins by asking a number of reference
to “screen in” preferred candidates, even though some questions, such as, “Is your name John Smith?” Then ques-
studies have found that personality type is linked to stress, tioning about prior criminal history, drug use, and the like
job satisfaction, and even turnover. Rather, personality test- begins. Polygraphs are not without their faults. Evidence
ing is used to screen out the unfit. from polygraph exams is not allowed in court to prove guilt,
The typical personality test (e.g., the Minnesota Multiphasic for instance. On the other hand, polygraphists feel that their
Personality Inventory) looks for evidence of major mental devices are very difficult to fool.11 Polygraph exams con-
illness and personality traits that may interfere with a suc- tinue to be used in many police hiring decisions because
cessful career in policing. Examples of the latter include an many law enforcement officials believe in the polygraph’s
inability to deal with stress and tendencies toward violence usefulness.
or substance abuse. Is there an ideal police personality?
Should there be? Do policy personality tests help or hurt Medical and Drug Screening
police applicants? One of the last steps in the hiring process is medical and drug
screening. Although polygraphs and background checks can
indicate past drug use, formal drug screening provides results
that are difficult to dispute. Besides detecting past or current
therefore survey their officers to determine what physical work
drug use, screening also assesses medical fitness to perform the
they engage in regularly, and then they tailor the physical agility
job. A person with a serious heart condition, for instance, prob-
exams to meet those tasks.10
ably wouldn’t be a good fit in any police agency, considering
The Interview that officers have to physically exert themselves from time
to time.
The vast majority of candidates are screened out during the
Medical screening is also used to check applicants’ vision
written and physical testing phase, leaving relatively few labor-
and weight, among other factors. Most agencies will not hire
intensive, time-consuming interviews. Oral interviews are often
candidates who fail to meet some uncorrected vision require-
conducted by a board of officials, including active police offi-
ment. Likewise, many agencies will not hire overweight people.
cers from the jurisdiction and some civilians. Psychologists or
This may seem discriminatory on one level, but there are certain
psychiatrists might serve on such boards or might conduct sep-
bona fide job requirements that an obese or legally blind indi-
arate interviews. To save time and resources, it is in the interest
vidual cannot perform.
of hiring authorities to do as much screening as possible before
the interviewing phase.
A candidate can get a stellar score on a test yet be a lousy
police officer. Consequently, oral interviews are intended to
pick up where the written and agility tests leave off. They gauge The Academy and Field Training
factors like confidence, poise, reasoning abilities, oral skills, Once a candidate successfully passes through all of the steps
memory, and observational prowess. Candidates are often involved in the hiring process and is offered employment, he
asked questions about what they would do in a specific situa- or she will go to an academy
tion. These questions can sometimes be difficult because can- for training. The teaching LEARNING Recount academy and
OUTCOMES field training elements of
didates who have no background in law enforcement may be methods and curricula of
unsure of how to respond. academies differ depending
2 police hiring.
To assess observational skills, some elements of the inter- on the student’s anticipated
view may be staged (e.g., there may be a phrase written on a future position and the hiring
board in the interview room). Candidates may be asked later to agency. A common thread runs through all police academies,
recall certain features of the room. Officers on patrol need to be however: They all strive to teach candidates how to be effec-
observant; hence, this interview component might be especially tive officers and how to develop the all-important “sixth
useful in hiring officers seeking to work patrol. sense” needed for successful police work. Students must
“pass” through the academy without incident, or they will be
Background Investigations terminated. This extends to field training, the “on-the-job
By far, the most expensive and time-consuming phase of the training” new police officers receive after completing the
hiring process is the background investigation. The investigator academy.

people, and so on. The college system of training is gaining
The Academy in popularity today.18 This doesn’t mean that the academy is
Academy training is regarded as one of the most important ele- run by a college. Rather, the academy’s intent is to train bud-
ments of the police hiring process. In this era of heightened ding officers to be professionals. To this end, besides gaining
civil liability, it is critical that recruits learn the limits of the law the needed technical knowledge, trainees learn problem
as it applies to police work. In addition, they need to learn solving, sensitivity to marginalized groups, and other valuable
proper procedures, including how and when to use force, how skills.
to drive a vehicle aggressively, how to make felony stops, how Research reveals that the college system approach to police
to deal with belligerent suspects, how to make arrests, how to academy training is still largely the exception rather than the
document incidents, and how to investigate accidents. Needless rule. One study revealed that less than 3% of basic academy
to say, adequate coverage of these and other pertinent topics training is spent on topics other than the technical aspects of the
takes a great deal of time. The typical academy, in fact, trains job.19 This concern is particularly serious in light of the recent
recruits for approximately 400 hours.12 movement toward community-oriented policing, which prides
itself on relationship building, communication, and problem
Types of Academies solving.
There are generally three types of academies: in-house, An overview of one of the nation’s cutting-edge police
regional, and state. Candidates for the position of trooper academy curricula, that of the Los Angeles Police Department,
with the Washington State Patrol, for instance, are trained at can be seen in Figure 4–2. Note that the department’s officers
the agency’s academy in Shelton, Washington. In California, receive more than 800 hours of academy training.
the Commission on Peace Officer Standards and Training
(POST) certifies city, county, and regional academies Learning the Sixth Sense
throughout the state. More than 600 agencies in California Academy training also teaches recruits the so-called sixth
voluntarily participate in POST. There are nearly 40 different sense, namely, a heightened sense of suspicion. As Peak has
academies certified by POST, for all different types of agen- observed, “A suspicious nature is as important to the street
cies. In other states, such as Florida, police academies are officer as a fine touch is to a surgeon. The officer should not
often run through community colleges and other institutions only be able to visually recognize but also be able to physi-
of higher learning. cally sense when something is wrong or out of the ordi-
In a growing trend, civilians are paying their own way nary.” 20 Understood differently, teaching officers to be
through police academies in the hopes of gaining employment suspicious is like teaching them to be observant. They are
as an officer after completing the program.13 This saves agen- taught how to develop knowledge of the area they work in,
cies not only the expense of paying for academy training but the people they come into contact with, and the ordinary con-
also the salaries that the newly hired trainees would be earn- ditions of the area. With that knowledge, they can more capa-
ing while going through their training. Some states, like New bly identify things that are amiss. A person who doesn’t
York, follow a hybrid model, allowing interested applicants to “belong” in a certain area, for instance, may be cause for
complete basic training requirements before seeking employ- suspicion.
ment; once they are sworn officers, they complete additional There is a fine line between being an effective, inquisi-
training.14 tive officer and being too suspicious. Too much suspicion can
have a number of unfortunate consequences. For example,
Curricular Issues an officer who is overly suspicious of people who fit a cer-
Police training academies vary in terms of their curricula, but tain profile or social or demographic category runs the risk
most are similar in the sense that they teach recruits the of infringing on people’s constitutional rights. Profiling is an
technical aspects of police work. A range of topics is usually important topic in modern law enforcement and, according to
covered, including the criminal justice system, law, patrol, its critics, something to be avoided at all costs. At the same
investigation procedures, job proficiency (e.g., using a fire- time, though, there is a clear need for healthy suspicion; even
arm), administration, and problems likely to be encountered on the most apparently innocuous traffic stop could turn into a
the job.15 More recently, topics like diversity, sexual harass- violent encounter in a matter of seconds. New officers need
ment, dispute resolution, victim awareness, technological to be prepared.
applications, stress management, and courtroom demeanor
have made their way into academies as well. What we have
seen is something of a move away from the traditional plebe Field Training and Development
system, an academy model that closely parallels a military- Field training is not unique to policing. It is just like the on-the-
style boot camp and that aims to produce well-groomed and job training that comes with learning any other occupation. The
disciplined officers, to a model that stresses twenty-first cen- first formal police field training program was implemented in
tury problems.16 San Jose, California, in the late 1960s.21 Since then, field train-
Modern police academy curricula have also moved ing programs have evolved and moved in various directions.
somewhat beyond the technical training model17 insofar as Most, however, assign a field training officer (a veteran officer)
they expose trainees more to the less familiar dimensions of to a recent academy graduate. But as Bob Dylan so eloquently
their jobs, such as managing stress, interacting with difficult put it, “The times, they are a-changin.” The traditional field
The Academy and Field Training 61

Academics Driving
Arrest procedures Emergency vehicle operations
Investigation techniques Defensive driving
Communications and report writing Pursuit policy
Traffic investigation and enforcement Safe vehicle handling
Human Relations Firearms

Cultural sensitivity training Weapon care and safety
Sexual harassment Marksmanship
Media relations Tactical manipulation with the sidearm and shotgun
Stress management Tactical communications Chemical agents handling
Disability awareness Hate crimes, missing persons,
Community relations and domestic violence
Physical Training
Physical conditioning
Law Physical arrest techniques
Search and seizure Controls
Evidence Weaponless defense
Crimes against persons and property
Sex crimes, crimes against children, and other general criminal
statutes
Agency Specific Training
Agency policy
Organization and structure
Tactics
Patrol techniques and procedures
Responding to crimes in progress
Building searches
Vehicle stops and searches
Deadly force
Shooting policy
FIGURE 4–2 Sample Policy Academy Curriculum.

Source: Los Angeles Police Department, “Academy training,” www.joinlapd.com/academy.html (accessed December 8, 2015).
training officer program is quickly being replaced by a new (Nevada) Police Department to collaborate with the Police
model: the police training officer model. Executive Research Forum to study police training and to
develop a new field training model. The collaboration pro-
The Field Training Officer Approach duced the so-called police training officer (PTO) program.
The traditional approach to field training typically consists of According to the authors of a recent report on the PTO
three distinct phases:22 (1) introduction, in which the new offi- program, “This approach is very different from traditional
cer learns agency policies and rules; (2) training and evaluation, police training methods that emphasize mechanical repetition
in which the recruit spends the most time learning the compli- skills and rote memory capabilities; rather, the focus is on
cated tasks that police officers perform regularly; and (3) the developing an officer’s learning capacity, leadership, and
final portion, involving firsthand observation of the new offi- problem-solving skills.”24
cer’s actions by the field training officer (FTO). The duration of The PTO model is built around John Dewey’s philosophy
FTO programs varies, but the programs typically range from 1 of learning,25 namely, that there is much more to learning
to 12 weeks.23 A probationary period extending beyond that than can be gleaned from a lecture. The model incorporates
allows additional interactions between FTOs and trainees. such concepts as Malcolm Knowles’s principles of self-
directed learning,26 Howard Barrows’s idea of problem-based
Toward a Police Training Officer Approach learning,27 and Benjamin Bloom’s concern with intellectual
In 1999, the Office for Community Oriented Policing outcomes of learning.28 The PTO model emphasizes the
S ervices (COPS) provided a $300,000 grant to the Reno following:

1. Knowledge. Remembering or recalling previously
learned material The EEOC Makes it unlawful for a police department to
discriminate against any individual with
2. Comprehension. Understanding meaning well respect to employment because of race,
enough to be able to explain and restate ideas color, religion, sex, age, pregnancy, or
national origin
3. Application. Applying learned material in new
and different situations
4. Analysis. Categorizing material into segments and Affirmative Action Plays a significant role in police hiring in
demonstrating their relationships America’s 50 largest cities
5. Synthesis. Grouping or combining separate ideas

to form a new whole and to establish new rela- Reverse Discrimination Some police departments are now facing
tionships reverse discrimination lawsuits
6. Evaluation. Assessing the material for appropriate

outcomes based on established criteria29 Americans with Prohibits discrimination against applicants for
Disabilities Act any position if the applicant is able to perform
This approach may not seem that dissimilar to the essential functions of the job
the traditional FTO model, but its main difference
lies in the manner through which material is taught FIGURE 4–3 Diversity and Discrimination in Policing.
and knowledge is evaluated. Problem-based learning
exercises are used throughout the process. In each
phase, the recruit is tasked with a structured problem.
Rights Act of 1964 provides the legal basis for fair employment
Trainees will also develop a neighborhood portfolio, which is
practices as we know them today. Section 703A of the act, for
a detailed overview of the beat in which they work. Finally,
example, makes it unlawful for any employer to fail to hire,
throughout the process, trainees must demonstrate compe-
refuse to hire, discharge, or otherwise discriminate in any other
tence in a number of areas, not all of which are unique to
manner against any individual with respect to employment
police work. Examples include problem solving, leadership,
compensation, terms, conditions, or privileges because of race,
community problems, cultural diversity, ethics, safety, and
color, religion, sex, age, pregnancy, or national origin, among
report writing. The PTO model is being developed in jurisdic-
other factors.
tions across the United States and in Canada. The new model
In 1972, Title VII was revised to create the Equal Employ-
has even given rise to the Police Society for Problem Based
ment Opportunity Commission (EEOC). The EEOC was given
Learning.30
authority to “intervene on behalf of affected individuals”
and to “file suit against businesses or governmental entities
in cases of discrimination.” What this means is that indi-
viduals no longer need to shoulder the burden of proving
Diversity and Discrimination a discrimination claim; they can turn to the federal govern-
Both diversity and discrimination have important implica- ment for help.
tions for human resources. They are of great importance The EEOC can also intervene in cases of alleged sexual
to administrators in terms of harassment. According to Title VII, in fact, sexual harassment
Learning Summarize the issues
Outcomes faced by female and how they staff their agencies, is a form of sex discrimination, not unlike denying employment
3 minority police officers. and they are important to to female candidates in favor of male candidates. Finally, the
officers in lower ranks, too. EEOC can also step in to investigate cases of employer retali-
New recruits, as we have just ation: “An employer may not fire, demote, harass or otherwise
seen, are trained extensively in these areas so that they under- ‘retaliate’ against an individual for filing a charge of discrimina-
stand the importance of diversity and the avoidance of dis- tion, participating in a discrimination proceeding, or otherwise
crimination. Things were not always this way, however. It was opposing discrimination.”31
not until the civil rights movement of the 1960s that diversity The push for equal employment opportunity has had inter-
and discrimination were brought to the attention of politicians esting implications for the law enforcement profession. Polic-
and the public (Figure 4–3 summarizes key issues in this ing remains, by and large, a white male–dominated occupation,
section). but women and minorities have started to make significant
inroads in terms of achieving parity in the ranks with their white
male counterparts. The law enforcement profession is also in
Equal Employment Opportunity the strange position of requiring a certain physical condition for
The notion of equal employment opportunity has a plain mean- job candidates while not being allowed to discriminate based
ing: Everyone should receive an equal chance at employment. on disability.
The goal of equal employment opportunity did not just emerge Why is diversity essential in the police ranks? In general,
on its own; it was legislatively mandated. Title VII of the Civil it is felt that a diverse organization will be more capable of

effectively addressing community needs. It is also felt that a trouble; . . . they can get more information; and they
diverse police force will be regarded more favorably by citi- understand Negro citizens better.43
zens, especially those in minority-dominated neighborhoods. Similarly, some studies have revealed that black residents
The research supports some of these claims, but only to a wanted to see more black officers patrolling the streets because
modest extent. For example, researchers in Detroit found that they believed that understanding would improve and that
African-American citizens had more support for black than abuses would decrease.44 On the other hand, some early studies
white officers.32 Research has also revealed that New York resi- showed that black officers either felt a need to be more forceful
dents had higher regard for the police department after coming with black suspects45 or were actively challenged by suspects
into greater contact with female police officers.33 In contrast, of their own race.46 One influential author even coined the term
a study from Washington, D.C., revealed little benefit resulted double marginality to refer to a situation in which black officers
from assigning same-race officers to neighborhoods.34 treat black suspects harshly to gain the respect of their white
counterparts and to avoid giving the impression that they are
Affirmative Action
biased toward members of their own race.47
Closely associated with equal employment opportunity is the Most recently, the President’s Task Force on 21st Century
practice of affirmative action. This is the practice of taking pro- Policing has highlighted the need for continued attention to diversity
active steps to boost the presence of historically marginalized in recruiting. Specifically, it recommended that “law enforcement
groups (typically minorities and women) in the ranks of an agencies should strive to create a workforce that contains a broad
organization by giving preference to members of those groups. range of diversity including race, gender, language, life experience,
It is easy to see how affirmative action can further the goals of and cultural background to improve understanding and effective-
providing equal employment opportunity, but it is not part of ness in dealing with all communities.”48 Whether it translates into
Title VII. measurable behavior changes remains unclear, however.49
There have been many court cases addressing the consti-
tutionality of affirmative action programs. In the policing con- Women in Policing
text, one researcher found that affirmative action plans played a Women have faced much the same fate as minorities in terms of
significant role in police hiring in America’s 50 largest cities.35 seeking law enforcement jobs. They remain significantly under-
It is noteworthy, however, that 23 of the affirmative action plans represented in police departments to this day. Some researchers
in these 50 cities were court mandated, not voluntary. have attributed this situation to the idea that policing requires
aggression, physical exertion, and “stable” emotions—
Minorities in Policing
supposedly masculine traits.50 In contrast, traits often associated
It would be inaccurate to suggest that policing was exclusively with women, such as compassion, empathy, and nurturing, may
a white male occupation before the 1960s. There were black not find much of a home in the law enforcement world.51 Obvi-
police officers in Washington, D.C., as early as 1861,36 for ously, there are exceptions to these generalities.
example, but by 1940, black officers represented less than 1% Historically speaking, police departments didn’t start to hire
of the nation’s police forces.37 The African-Americans who women until the early twentieth century. Lola Baldwin was the
did obtain work as police officers often faced discrimination first woman to hold police powers. Hired in 1905 by Portland,
on the job. For example, a study from 1959, right before the Oregon, Baldwin was engaged mostly in social work–like func-
dawn of the civil rights era, revealed that several southern cit- tions. Other police departments followed Portland’s example:
ies required black officers to call on white officers when they “Once the police began to think in terms of preventing juvenile
needed to arrest a white suspect.38 Some black officers were delinquency, they responded to the traditional argument that
allowed to drive only cars marked “Colored Police” and could women had a special capacity for child care.”52
arrest only black suspects.39 Additionally, job assignments for Alice Stebbins-Wells was hired by the Los Angeles Police
black officers were not particularly desirable, dismissals were Department in 1910. Even though her job also resembled social
often arbitrary, there was little integration within the ranks,40 work, she led a movement for more female hiring, and by 1925,
and promotions were few and far between. For example, a more than 200 cities had women working in police positions
study revealed that during the 1960s, only 22 police depart- and even in jails.53 In the ensuing years, women made some
ments had promoted black officers beyond patrol positions.41 progress, but not much. By the mid-1960s, there were only
Times have since changed, of course. Studies now show little around 1,700 female police officers in America’s largest cities,54
connection between race and promotion or disciplinary and most female officers were excluded from patrol duties.
decisions.42 It was not until 1968 that the first women were assigned
While there is little direct evidence that being a minority to patrol work.55 Indianapolis was the first city to put women
makes one a better cop, that claim was made during the 1960s. on patrol, but other large cities, like New York; Philadelphia;
In the wake of various race riots during that decade, the Presi- Miami; Washington, D.C.; and St. Louis, quickly followed suit.
dent’s Commission on Law Enforcement and Administration of By the end of the 1970s, nearly 90% of large police agencies
Justice observed the following: employed female patrol officers.56 That growth has continued
Police officers have testified to the special competence at an impressive pace. Nearly all cities of more than 50,000 now
of Negro officers in Negro neighborhoods. The reasons have women working in the police ranks.57 The growth is attrib-
given include: they get along better and receive more uted partially to the fact that female and male officers perform
respect from Negro residents; they receive less similarly, as evidenced by some early studies on the subject.58

More recently, the same reasons that were once used to
exclude women from the ranks of police agencies are now being
used to recruit women in larger numbers. A study of patrol in
Think About It…
New York City, for example, revealed that women are less likely
DigitalVision/GettyImages
Equal Employment
than men to use firearms, to get into violent confrontations, Opportunity for
and to become injured.59 Some say that this means female offi- Women Nearly nine
Darrin Klimek/
cers are actually more emotionally stable than male officers, out of ten police offi-
disavowing one of the earlier arguments that was used to keep cers are male. Several
them out of police positions.60 A reason male and female police explanations have
officers appear to perform similarly may not be so much that been offered for the
both sexes are equally competent but that policing may attract relatively low percentage of female police officers. One is
a certain group of women, by either self-selection, department that police departments continue to discriminate against
screening, or the recruit socialization process.61 women. Another is that not many women are drawn to a
career in law enforcement for a variety of reasons, including
Diversity in the Ranks Today its male-dominated culture. Yet another explanation is that
So far, we have addressed only female and African-American many female candidates do not perform as well as men at
police officers. Other minority groups have made advances as certain stages of the hiring process (e.g., in physical tests
well. This can be seen clearly in Figure 4–4. Between 1987 and of upper-body strength). Do you think women have equal
2013 (the most recent year for which data are available), minor- employment opportunities in the police field? If not, what
ities increased their presence in the ranks of America’s police can be done to improve equality of opportunity?
departments. Women, as the accompanying “Think About It”
box shows, have not made considerable advances in recent
years. For example, in 2003, 11.3% of police officers were disabilities. Moreover, the ADA has required police depart-
female. This number increased to only 12% by 2013.62 ments (and other organizations) to develop sophisticated selec-
Disabled Cops tion procedures that mirror the job to the fullest extent possible.
Selection cannot be a haphazard process.
In 1990, Congress passed the Americans with Disabilities Act The term disabled may conjure up images of wheelchairs
(ADA), which forbids discrimination against the disabled. How and significant physical limitations, but disabilities can some-
does this apply to policing? It doesn’t necessarily mean that dis- times be less visible. For example, the ADA protects people with
abled individuals can become police officers. Rather, the ADA human immunodeficiency virus (HIV); a positive test is not an
prohibits discrimination against applicants for any position if outright bar to employment.63 Indeed, a sheriff’s department
the applicant is able to perform the essential functions of the job. was ordered to pay damages to a reserve officer who was dis-
The ADA is part of the reason why medical screening charged after testing positive for HIV.64 The ADA also protects
occurs during the final phase of the hiring process; it prevents diabetics. In one case, an insulin-dependent diabetic was denied
applicants from being rejected early on because of physical employment with the Toledo (Ohio) Police Department, but the
court held that a blanket policy denying employment to
Minority representation among full-time sworn personnel in such individuals violates the ADA.65
local police departments, 1987–2013 Departments have a little more leeway, though, with
serious physical disabilities. For example, a court sided
30% Black/African-Americana with a department that put an officer on disability leave
25%
Hispanic/Latino after he lost his arm in a motorcycle accident.66 The court
Other a, b concluded that the department was justified in its decision
20% because the officer could no longer perform one of the key
functions of the job: making an arrest.
15%
10%
Reverse Discrimination: A Backlash?
5% The push for diversity in policing, like the push for diversity
0%
in other organizations, has sometimes gone too far. Racial
1987 1990 1993 1997 2000 2003 2007 2013 quotas , for instance, are requirements for hiring and promot-
ing a specified number of minorities. When minorities are
Note: Figure includes all years for which data were collected. See appendix table 18
hired and promoted based more on race than on any other
for standard errors.
a Excludes persons of Hispanic or Latino origin. criterion, allegations of reverse discrimination emerge—
bIncludes Asian, Native Hawaiian, or other Pacific Islanders; American Indian or usually from white male officers. Reverse discrimination has
Alaska Natives; and persons identifying two or more races. also been described as entailing a “white backlash.”
Reverse discrimination appears to be more than a dis-
FIGURE 4–4 Minority Officers in Local Police Departments.
Source: From Local Police Departments, 2013: Personnel, Policies, and Practices tant concern for white officers. A study from the late 1970s
by Brian A. Reaves, U.S Department of justice. revealed that white officers felt that affirmative action was a

threat to their careers.67 Twenty years later, another study found situations, and stress can have both negative and positive ele-
marked resentment and bitterness on the part of white officers ments. Positive stress has been called eustress, and negative
toward several of their black supervisors.68 Reverse discrimination stress has been called distress.76
appears to be a real phenomenon. During the 1970s, for example, Eustress is a positive form of stress that does not threaten
the Detroit Police Department adopted a policy that provided for or harm the individual but is pleasurable, challenging, or excit-
the promotion to sergeant of one black officer for every white ing. For example, the stress created by beginning a new job or
officer. While a court struck the policy down,69 the U.S. Supreme a challenging assignment could qualify as eustress. The new
Court later sanctioned temporary racial quotas in police hiring.70 police officer experiences eustress when going on patrol for
Even in the face of conflicting court decisions, claims of the first time. Experienced officers usually experience eustress
reverse discrimination continue. Organizations like Adversity. when beginning a new assignment, such as criminal investiga-
net have emerged to shed light on egregious abuses of racial tion. This form of stress is generally described as positive and
preference and quotas. In fact, the organization recently high- can actually result in higher levels of motivation.
lighted the case of a former Dayton (Ohio) Police Department Distress is the harmful variety of stress. It threatens the indi-
major, a white woman who was bypassed for promotion to chief vidual’s functioning or can overload his or her capacity to cope
in favor of a black man. In a surprising turn of events, she was with environmental stimuli. Distress may result from such things
then fired so more black officers could be promoted (the depart- as an extraordinarily high caseload, assignment to a high-crime
ment, to this day, is overwhelmingly white). The city eventually area, inadequate equipment, or an unsupportive supervisor. All
agreed to a settlement of more than $1 million.71 police organizations contain job assignments or situations that
The Dayton case came on the heels of another from are perceived as threatening by most individuals, and it is these
Milwaukee, Wisconsin, in which a jury awarded $2.2 million assignments or situations that create the greatest demands.
to 17 white police officers who, the jury felt, had been system- Perhaps more than anything, stress is a problem of incom-
atically bypassed for promotion in favor of minority officers.72 patibility between a person and his or her environment. It occurs
Twenty of forty-one officers promoted to lieutenant were black, when the individual is overwhelmed by negative environmental
when the pool of applicants was more than 80% white. factors or when the environment fails to provide for or meet the
individual’s needs. Every person has a unique set of skills, abil-
ities, experiences, and personality traits, and every job—within
▶ Realities of the Job the context of the environment—requires the employee to pos-
sess a certain set of skills, abilities, experiences, and personality
Once a police officer begins working, he or she is almost traits. When the employee’s characteristics do not match the
instantly confronted with several important “realities” of the job job’s requirements, a potential result is heightened stress.
that may not have been made clear early on. First, police work is Effective stress management requires that the symptoms
a stressful occupation. Stress can take its toll over the course of of stress be recognized. Within a police organization, no one
an officer’s career. Second, party should be burdened with the responsibility for recogniz-
Learning Summarize the issues fatigue is a common problem ing these symptoms. Rather, it is vital that everyone in admin-
Outcomes police officers confront
in policing, though it has
4 on the job. historically taken a backseat
istrative and management positions be able to spot the signs of
stress and identify possible methods for alleviating the distress.
to stress. Only recently have
The symptoms must be acknowledged and ameliorated before
researchers started to focus
they develop into excessive problems for both the stressed per-
their attention on the problems that can result when officers are
son and those who must associate with him or her.77
spread too thin and forced to work long hours. Finally, as unfor-
tunate as it sounds, sexual harassment exists in police depart- The Gendered Nature of Police Stress
ments just as it does in other organizations. This can be
In one of the first research endeavors undertaken on occupa-
particularly difficult for female officers.
tional stress among men and women working in policing,
researchers Merry Morash and Robin N. Haarr examined
Stress stressful situations in police work and made an effort to identify
Stress is a fact of life in many occupations, but policing has its possible variations in experiences between women and men.78
own unique brand of stress. The nature of the job, particularly Morash and Haarr cited previous research that found that
the potential for violence at any turn, takes its toll on even the women generally reported higher stress levels than men. Still,
most emotionally hardened officer. This toll might be mani- they found that women working in policing did not report
fested in the form of health-related problems,73 family break- higher levels of stress than men and that both men and women
down,74 and alcoholism, to name just a few. share a number of work-related sources of stress. One of the
most commonly shared sources of stress was identified as “a
Nature and Symptoms of Stress lack of influence over day-to-day operations of the police
Stress has been broadly defined as anything that places an agency and “the way policing gets done.” Special concerns,
adjustive demand on the organism.75 In other words, stressful however, were expressed by women, such as the failure to adapt
situations require some behavioral response, and that response equipment and uniforms to a woman’s physique, the desire
is usually one intended to reduce the stress being experienced. to carry a firearm while off duty or undercover in a purse
Some people thrive on what others might consider stressful rather than a holster, and lack of administrative support.

The researchers also noted that an increase in women’s stress can have long-lasting effects on the police officer. However,
levels can be related to the need for most women to spend time not every officer who is involved in a shooting has a traumatic
and energy dealing with sex, age, race, or ethnic group bias reaction. The postshooting trauma reactions are almost equally
directed against others and themselves. They noted in particular divided among mild reactions, moderate reactions, and severe
language harassment through exposure to profanity and to sex- reactions.81 Research reveals that officers involved in shootings
ual jokes. Even so, the authors concluded that “women police experience emotional or psychological numbing.82 Five phases
officers do not differ profoundly from men on variables such as have been identified for coping with critical incidents:
workplace stress and workplace experience.” 1. Denial. The officer does not want to believe what has hap-
pened. This stage is usually very brief in officer-involved
Burnout
shootings.
Burnout is the progressive loss of idealism, energy, purpose,
2. Anger and resentment. Anger and resentment are usually
and concern that results from the conditions of work. Accord-
nonspecific or vaguely directed at the person who was
ing to one team of researchers, burnout is “a debilitating
shot. This stage is usually short lived, though it may return
psychological condition brought about by unrelieved work
at various times during the adaptation process.
stress.”79 Burnout can also be understood as the final stage of
mental or physical exhaustion, in which the individual is no 3. Bargaining. This stage involves the officer wishing the
longer able to cope with his or her job (Figure 4–5).80 shooting had never happened. It may also be due to the
officer’s worry about reprisals from the department.
Critical Incidents 4. Depression. This stage lasts the longest. The severity of
A major source of stress in police work concerns the possibility the depression depends on the basic personality of the
of becoming involved in critical or traumatic incidents. A criti- officer, the amount of trauma involved in the incident, the
cal incident is an emergency situation (a crime in progress, a agency’s response to the incident, the officer’s social net-
traffic accident with serious injuries, a natural disaster, a terror- work, and other factors.
ist attack, an officer’s request for assistance, and other situa- 5. Acceptance. This stage has been reached when the officer
tions in which human life may be in jeopardy) that evokes begins to integrate the event into his or her life or makes
immediate police response and that takes priority over all other the transition from being totally preoccupied with the
police work. Examples of critical-incident stressors may event to merely acknowledging that it took place.83
include apprehending a disturbed person, serving a warrant
The symptoms of postshooting trauma are usually most
against a dangerous person, providing riot control, or dealing
intense for the first 48 to 72 hours following the incident, but the
with a hostage taker or a barricaded suspect.
various reactions to such events can come and go for some time.
One of the most stressful events that a police officer can
For example, the officer may experience a heightened sense of
experience is a shooting in which the officer critically wounds
danger or vulnerability, fear and anxiety about future encounters,
or kills another person or where a fellow officer is killed or
anger or rage, nightmares, sleep difficulties (insomnia, sleep dis-
critically wounded. Most experts agree that many good officers
turbances, or escaping through sleep), guilt, emotional numbing,
leave policing because of postshooting trauma; such trauma
emotional withdrawal from others, sexual difficulties, physical
problems (headaches, indigestion, muscle aches, diarrhea, or con-
stipation), or anxiety reactions (difficulty concentrating, excessive
worry, irritability, or nervousness).84 The officer may continually
(1) the honeymoon/enthusiasm stage
think about the incident and may have frequent flashbacks.
The officer reacts enthusiastically to the challenges of the job.
Occasionally, stress arising from critical incidents can lead
(2) the fuel shortage/stagnation stage to a condition known as posttraumatic stress disorder (PTSD).
The officer realizes that the job is not as exciting as he or she PTSD has been defined as “a condition which sets in following a
anticipated; routine sets in, and the officer may come to view the job traumatic event with which the sufferer cannot cope. It has been
as boring. described as an event outside the usual human experience, one
which is experienced in a markedly distressing way, with intense
(3) the chronic symptoms/frustration stage fear, terror, bewilderment and a sense of helplessness.”85 Symp-
The officer has feelings of intense and seemingly irresolvable apathy toms of PTSD can include (1) persistent and recurring memories
and frustration.
of the event, (2) loss of interest and feelings, (3) problems sleep-
(4) the crisis/apathy stage
ing and concentrating, and (4) hypervigilance.86 In the wake of
Pessimism may emerge, and the officer may be plagued by feelings of particularly traumatic incidents, it is advisable to treat potential
self-doubt. PTSD problems before they get out of control. If early treatment
is offered and utilized, many of the long-term negative effects of
(5) the hitting the wall/intervention stage PTSD can be prevented and eliminated.
The officer may reach his or her wits’ end, perhaps turning to alcohol
and drugs to relieve the feelings of failure and anger that have built
up over time. Fatigue
Everybody gets tired on the job from time to time. Some of us
FIGURE 4–5 The Five Stages of Burnout. can safely doze off for a few minutes without too much

concern, but others work in professions in which a nap could Shift assignments, in addition to shift length, may have
lead to disaster. The last thing anyone would want is for an air implications for police fatigue as well. Vila and Kenney noted
traffic controller to snooze on the job. The same can be said of that people are less able to cope with fatigue as they grow older.
surgeons, truck drivers, and, of course, police officers. They found that older officers who can select their own shifts
Police officers, like some other workers, sometimes work were less fatigued than their counterparts who had no say over
lengthy shifts at odd hours. While they have more or less fixed scheduling matters.95 The predictability (or unpredictability) of
schedules, it is sometimes impractical for police officers to work hours also appears to be linked to fatigue. Surprisingly,
just walk away at quitting time. An accident, an emergency, officers who work unpredictable schedules report less fatigue.
or a high-profile arrest could require an officer to work several According to Vila and Kenney, “One possible interpretation
extra hours, contributing to a long and unpredictable work- of this finding could be that the officers who were having
week. As two well-known police stress researchers point out, problems with fatigue were actually avoiding or minimiz-
“It is totally reprehensible that the cops we expect to protect ing overtime work—perhaps by making fewer arrests or court
us, come to our aid, and respond to our needs when victimized appearances.”96 The same officers could also have had off-duty
should be allowed to have the worst fatigue and sleep condi- obligations (e.g., caring for young children) that forced them to
tions of any profession in our society.”87 keep regular hours but that also contributed to fatigue.
Tired Cops
Sexual Harassment
Researchers have only recently turned their attention to police
Sexual harassment , which consists of unwelcome sexual
fatigue.88 Reporters, too, have expressed concern.89 The Boston
advances, requests for sexual favors, and other verbal or physi-
Globe investigated one police agency and found that 16 officers
cal conduct of a sexual nature, is a sad reality in many of
worked more than 80 hours each week. Two averaged more
America’s workplaces. Sexual harassment has occurred for
than 100 hours per week over a 12-month period.90 One even
generations, but the practice attracted national attention in
worked 130 hours in a single week, which translates into less
1991, when University of Oklahoma law professor Anita Hill
than 6 hours off on any given day. Researchers identified some
testified at Clarence Thomas’s Supreme Court confirmation
officers in Florida and Massachusetts who moonlighted (e.g.,
hearing. Hill described Thomas’s conduct as constituting sex-
as security guards) for 3,000 hours each year, above and beyond
ual harassment, and it prompted many people to question the
the hours spent performing their official duties.91
way women are treated in the workplace.
To further gauge the extent of police fatigue, criminologists
Sexual harassment is a form of discrimination under Title VII,
Bryan Vila and Dennis Kenney surveyed a number of police agen-
as decided in 1977.97 In 1986, the Supreme Court defined sexual
cies around the country and visited several more. Their survey
harassment as falling into two categories: (1) quid pro quo harass-
revealed that while most officers work only a few overtime hours
ment and (2) hostile work environment.98 Quid pro quo harassment
each month, some logged more than 100 hours of overtime.92
occurs when sexual favors are demanded in exchange for some
Nobody can blame police officers for wanting to increase
perk or benefit, perhaps a promotion or a favorable job assign-
their pay by working extra hours. Some, though, are forced to
ment. Viewed differently, quid pro quo sexual harassment occurs
do so because of job demands. Either way, too much fatigue can
when there is a tangible economic detriment associated with refus-
lead to disaster. Vila and Kenney summarized some of the more
ing to succumb to sexual advances. A hostile work environment is
serious incidents:
said to exist when unwelcome sexual contact and comments have
A Michigan police officer working nearly 24 hours the effect of “unreasonably interfering with an individual’s work
straight crashes his cruiser while chasing a fleeing performance or creating an intimidating environment.”99
motorist. He is critically injured. In California, a sher- Because of the prevalence of male officers, police work has
iff’s deputy working alone drifts off a deserted highway seen its share of sexual harassment. In 1993, the state of C
alifornia
and is killed instantly when his patrol car crashes into a enacted legislation requiring all peace officers to undergo sexual
tree. An officer in Florida, who has had trouble staying harassment training. The law followed several large judgments
awake, runs a red light in her patrol car and crashes into against police agencies for their officers’ unscrupulous actions.
a van driven by a deputy sheriff, injuring him severely. In the early 1990s, the New York City Police Department went
A police officer driving home from work in Ohio nods to great lengths to cover up sexual harassment allegations by a
off at the wheel, begins swerving in and out of traffic, female probationary police officer. The woman alleged that she
and runs off the road, striking and killing a man jogging was raped and sodomized by a male officer who threatened to
down the sidewalk.93 kill her if she reported the incident. When the facts eventually
came to light, she was awarded $264,242 in damages.100
Scheduling and Workload To this day, sexual harassment still occurs in police depart-
We have looked at the most obvious cause of police fatigue: too ments at alarming rates.101 The author of a 1996 study inter-
many hours on the job. Police fatigue may also stem from shift viewed 187 female police officers and found that 62% of them
length and shift-assignment policies. Researchers have found had seen or experienced sexual harassment during their careers
that police departments that use compressed work schedules as officers.102 More recently, the National Center for Women
(i.e., fewer than five 8-hour days) see less fatigue among their and Policing concluded that “law enforcement agencies have
officers.94 It appears that four 10- to 12-hour shifts result in less tolerated workplace environments that are openly hostile and
fatigue than five 8-hour shifts. discriminatory toward female employees.”103

THE CASE
Too Smart to Be a Cop?
On March 16, 1996, Robert Jordan took a test for the position employment longevity for its officers and minimizing turnover.
of entry-level police officer with the Law Enforcement Council of City officials felt that, given Jordan’s apparently extraordinary
Connecticut, a consortium of 14 different cities in the eastern level of intelligence, he would not have been happy as a police
part of the state. The test, like many of its kind, contained ques- officer and would have quickly left his post, leaving the city with
tions intended to assess applicants’ cognitive and scholastic little return on its investment in his selection and training. At
abilities. Jordan was informed, along with all of the other test issue in the lawsuit, then, was whether there is a justifiable rela-
takers, that the test “will generate an eligibility list for distribu- tionship between high cognitive ability and job satisfaction/
tion to the participating police departments for possible future longevity and, if so, whether a jurisdiction can base its hiring
employment.” practices on such a relationship.
The test, developed by Wonderlic Personnel Test, Inc. (WPT), came Jordan’s case was heard in the U.S. District Court for the District
with an official manual for each exam, including a table of of Connecticut.105 Interestingly, the court sided with the city of
recommended minimum scores for a number of occupations.104 New London, finding that the city
The company recommended a score of 22 as the minimum for a followed the instructions accompanying the WPT test,
police officer. Further, WPT recommended hiring people who on which they rationally could have relied as authorita-
scored at most 4 points below and 8 points above 22. tive. Additionally, a body of professional literature con-
In the fall of 1996, Jordan learned that the city of New London cludes that hiring overqualified applicants leads to
was going to be hiring police officers, so he requested a meeting subsequent job dissatisfaction and turnover. While such
with Keith Harrigan, the assistant city manager in charge of per- studies have been challenged, it cannot be said that
sonnel decisions. Jordan was told he was ineligible to become a their conclusions have been refuted.106
police officer because he had scored too high on the written Most equal protection lawsuits have been brought by people
test. New London set a test score range of 20 to 27 for police claiming to be victims of illegitimate discrimination. If African-
officers, and Jordan had scored above 27. Jordan promptly filed Americans are hired significantly less often than Caucasians,
a lawsuit against the city, claiming that his equal protection for example, then there may be a basis for a lawsuit claiming
rights, under the Fifth Amendment to the U.S. Constitution, had discrimination because race is not a legitimate hiring criterion.
been violated. The national media picked up the story, and the Jordan’s case was different not only because he was not a
headline of the day declared “Too Smart to Be a Cop.” member of any historically protected group but also because
While Jordan felt that he had been discriminated against for the city reached its hiring decision by paying attention to what
scoring well on the exam, the city was concerned with ensuring the court recognized as legitimate concerns.
This raises several interesting questions:

1. Was New London’s hiring decision fair in this case?
2. Should other cities throughout the United States base their hiring decisions on test scores, like New London did in this
story?
3. Is it really possible to be too smart to be a cop?
4. How effective are written tests at screening candidates for law enforcement positions?

C hapter 4 Becoming a Cop
Learning Outline the hiring process, including civil service A system in which employees are hired, retained, advanced,
Outcomes testing, interviewing, and various screening disciplined, and discharged on the basis of merit (i.e., their abilities and
1 procedures. qualifications).
To enter the police force, candidates must patronage system A system of hiring in which decisions are based more
move through the hiring decision, the police academy, and on an individual’s political support for an officeholder than on his or her
field training. The hiring decision follows recruitment and is abilities and qualifications. Patronage was common in police agencies
based on performance in several areas, including written during the political era.
and physical agility tests, an interview, a background inves- civil service commission A federal, state, or local agency charged with
tigation, a polygraph, and medical and drug screening. ensuring that employees in civil service positions receive specific
1. What are the steps involved in the hiring process? protections.
2. What is the “sixth sense” that officers should learn?
Learning Recount academy and field training elements in such nontechnical areas as stress management, interaction with diffi-
Outcomes of police hiring. cult people, problem solving, and sensitivity to marginalized groups.
2 Academies vary in their organization and curric- college system A police academy training model intended to enhance
ular requirements. Each, however, strives to the professional aspects of police training curricula by exposing trainees
teach new hires the “sixth sense.” The traditional model of to problem solving, sensitivity to marginalized groups, and other valuable
postacademy training is that of the field training officer topics in addition to required technical knowledge.
(FTO). The FTO system is gradually being replaced by a new sixth sense A healthy sense of suspicion; the experience-based ability to
police training officer model. intuit when something is amiss.
1. Distinguish between the main types of police field training officer (FTO) A veteran police officer tasked with providing
academies. on-the-job training and performance critique during a rookie police offi-
cer’s initial assignment following graduation from the academy.
2. What are the three phases of typical field training?
police training officer (PTO) program A police training method that
plebe system A police academy model that closely parallels a military- focuses on developing an officer’s learning capacity, leadership, and
style boot camp and that aims to produce well-groomed and disciplined problem-solving skills.
officers.
technical training model A police academy training model that empha-
sizes the technical aspects of police work and provides little or no training
Learning Summarize the issues faced by female and on behalf of affected individuals,” to “file suit against businesses or gov-
Outcomes minority police officers. ernmental entities in cases of discrimination,” to intervene in cases of
3 Police departments are becoming increasingly alleged sexual harassment, and to investigate cases of employer
diverse due to the Civil Rights Act of 1964, retaliation.107
equal employment opportunity, and affirmative action—and affirmative action The practice of taking proactive steps to boost the
because departments are learning the value of hiring presence of historically marginalized groups (typically minorities and
women and minorities. However, allegations of reverse women) in the ranks of an organization by giving preference to members
discrimination, mostly by white male police officers, have of those groups.
surfaced in recent years. double marginality A situation in which black officers treat black sus-
1. What implications has equal employment opportunity pects harshly to gain the respect of their white counterparts and to avoid
had for the law enforcement profession? giving the impression that they are biased toward members of their
own race.
2. Why is diversity essential in the police ranks?
Americans with Disabilities Act (ADA) U.S. legislation passed in 1990
3. Summarize the history of minorities and women in the that forbids discrimination against the disabled.
police field. racial quota A requirement for hiring and promoting a specified number
4. Explain the concept of reverse discrimination. of minorities.
equal employment opportunity Fair employment practices mandated by reverse discrimination Discrimination against nonminorities that occurs
Title VII of the Civil Rights Act of 1964. when the hiring and promotion of minorities are based more on race than
Equal Employment Opportunity Commission (EEOC) The federal agency on any other criterion.
that is empowered by Title VII of the Civil Rights Act of 1964 to “intervene

Learning Summarize the issues police officers confront stress Anything that places a positive or negative adjustive demand on
Outcomes on the job. an organism.
4 Some of the realities of police work include eustress A positive form of stress that does not threaten or harm the indi-
stress, fatigue, and sexual harassment. Stress vidual but is pleasurable, challenging, or exciting.
can be both positive (eustress) and negative (distress). distress A harmful form of stress that can threaten an individual’s func-
Distress, the most destructive form of stress, can lead to tioning or overload his or her capacity to cope with environmental stimuli.
numerous job-related and personal problems, including burnout The progressive loss of idealism, energy, purpose, and concern
burnout. There are several sources of stress, including that results from the conditions of work.
organizational and administrative practices, the criminal critical incident An emergency situation that evokes immediate police
justice system, the public, stressors intrinsic to police response and that takes priority over all other police work.
work, and critical incidents. Fatigue is another problem for
posttraumatic stress disorder (PTSD) A condition that sets in following
police officers. Police organizations should guard against
a traumatic event with which the sufferer cannot cope. It has been
scheduling- and workload-related fatigue. Police applicants
described as an event outside the usual human experience—one that is
should also be aware of occasional sexual harassment
experienced in a markedly distressing way, with intense fear, terror, bewil-
problems in police agencies, particularly for female appli-
derment, and a sense of helplessness.108
cants, and that some agencies have residency require-
ments mandating that police officers live within certain sexual harassment Unwelcome sexual advances, requests for sexual
boundaries. favors, and other verbal or physical conduct of a sexual nature.
quid pro quo harassment A form of sexual harassment that generally
1. What is the difference between eustress and distress?
involves a demand for sexual favors in exchange for some perk or benefit,
2. What is burnout and what are its five stages? such as a promotion or a favorable job assignment.
3. List and describe the five phases for coping with criti- hostile work environment A form of sexual harassment involving situa-
cal incidents. tions in which unwelcome sexual contact and comments have the effect of
4. How are scheduling and workload related to fatigue in “unreasonably interfering with an individual’s work performance or creating
police officers? an intimidating environment.”109
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32 J. Frank et al., “Reassessing the impact of citizens’ complaints about police use of force,” Crime & Delin-
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33 J. L. Sichel et al., Women on patrol: A pilot study of police and violence towards the police,” Policing, vol. 8 (2014),
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52 S. Walker, A critical history of police reform (Lexington, 73 See, e.g., J. Grencik, “Toward an understanding of
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75 J. Selye, Stress without distress (Philadelphia: Lippincott,
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57 Police Foundation, Community policing: A binding thread
76 Ibid.
through the fabric of our society (Washington, DC: Police
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safety, and wellness program case studies in law enforce-
58 P. Bloch and D. Anderson, Policewomen on patrol: Final
ment (Washington, DC: Office of Community Oriented
report (Washington, DC: Police Foundation, 1974);
Policing Services, 2015).
L. J. Sherman, “Evaluation of policewomen on patrol in
a suburban police department,” Journal of Police Sci- 78 Merry Morash and Robin N. Haarr, “Gender, workplace
ence and Administration, vol. 3 (1975), pp. 434–38; problems, and stress in policing,” Justice Quarterly,
J. L. Sichel et al., Women on patrol: Pilot study of police vol. 12, no. 1 (March 1995), pp. 113–40.
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59 S. Grennan, “Findings on the role of officer gender in vio- 80 M. Silbert, “Job stress and burnout of new police offi-
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and Administration, vol. 15 (1988), pp. 78–85. 81 R. M. Solomon, “Post-shooting trauma,” Police Chief,
60 Ibid. See also M. Morash and J. R. Greene, “Evaluating vol. 55 (1988), pp. 40, 42, 44.
women on patrol: A critique of contemporary wisdom,” 82 S. Carson, “Post-shooting stress reduction,” Police Chief,
Evaluation Review, vol. 10 (1986), pp. 231–55. October 1982, pp. 66–68.
61 Parsons and Jesilow, In the same voice. 83 Ibid.
62 B. A. Reaves, Local police departments, 2013: Personnel, 84 Solomon, “Post-shooting trauma.”
policies, and practices (Washington, DC: Bureau of 85 C. McHenry, “Stress in the police service: Preventing the
Justice Statistics, 2015), p. 4. long-term effects of trauma,” Occupational Health
63 D. A. Snyder, The Americans with Disabilities Act (Portland, Review, July–August 1995, pp. 17–20, quote on p. 18.
OR: Labor Relations Information Systems, 1991). 86 Ibid.
64 Tanberg v. Weld County Sheriff, 787 F.Supp. 970 87 Cited in B. Vila and D. J. Kenney, “Tired cops: The
(D. Colo. 1992). prevalence and potential consequences of police
65 Bombrays v. Toledo, 849 F.Supp. (N.D. Ohio 1933). fatigue,” NIJ Journal, vol. 248 (2002), pp. 16–21,
66 Champ v. Baltimore County, 884 F.Supp. 991 (1995). quote on p. 20.
67 J. Jacobs and J. Cohen, “The impact of racial integration 88 B. Vila, Tired cops: The importance of managing police
on the police,” Journal of Police Science and Administra- fatigue (Washington, DC: Police Executive Research
tion, vol. 6 (1978), pp. 168–83. Forum, 2000).
68 R. N. Haarr, “Patterns of interaction in a police patrol 89 Vila and Kenney, “Tired cops,” p. 18.
bureau: Race and gender barriers to integration,” Justice 90 Ibid., p. 17.
Quarterly, vol. 14 (1997), pp. 53–85. 91 Ibid.
69 Detroit Police Officers Association v. Young, 446 92 Ibid., p. 18.
F.Supp. 979 (1978).
93 Ibid., p. 17.
70 United States v. Paradise, 107 U.S. 1053 (1987).
94 Ibid., p. 18.
71 For more information, see Adversity.net, “Case 49:
95 Ibid.
Dayton, Ohio police dept. loses reverse discrimination
96 Ibid., p. 19.
suit,” www.adversity.net/Dayton_OH_PD/default.htm
(accessed December 6, 2010). 97 Barnes v. Costle, 561 F.2d 983 (D.C. Cir. 1977).
72 For more information, see Adversity.net, “Milwaukee 98 Meritor Savings Bank v. Vinson, 474 U.S. 1047
police reverse discrimination,” www.adversity.net/ (1986).
milwaukee_police/alexander_v_jones.htm (accessed 99 Hall v. GHS Construction Co., 842 F.2d 101 (8th Cir.
December 8, 2015). 1988).

100 Sorlucco v. New York City Police Department, 971 F.2d 104 For more information, see the Wonderlic website,
864 (2nd Cir. 1992). www.wonderlic.com (accessed December 8, 2015).
101 S. C. Collins, “Sexual harassment and police discipline: 105 Jordan v. New London, 1999 U.S. Dist. LEXIS 14289
Who’s policing the police?,” Policing: An International (1999).
Journal of Police Strategies and Management, 106 Ibid., pp. 6–7.
vol. 27 (2004), pp. 512–38. 107 Equal Employment Opportunity Commission, http://
102 T. Mahoney, “Sexual harassment in California law eeoc.gov (accessed December 8, 2015).
enforcement: A survey of women police officers,” 108 C. McHenry, “Stress in the police service: Preventing
Journal of California Law Enforcement, vol. 30 (1996), the long-term effects of trauma,” Occupational Health
pp. 82–87. Review, July–August 1995, p. 18.
103 National Center for Women and Policing, Equity denied: 109 Hall v. GHS Construction Co., 842 F.2d 101 (8th Cir.
The status of women in policing, 1997 (Los Angeles: 1988).
Feminist Majority Foundation, 1998), p. 5.

Police Subculture
5
1 Describe the elements of culture.
2 Explain the sources of police subculture.
3 Summarize the components of police subculture.

PACIFIC PRESS/Alamy Stock Photo
INTRO Danger and Unpredictability:
The Hallmarks of Police Work
On January 7, 2016, Philadelphia officer Jesse Hartnett,
33, became the target of an assassination attempt by a
man who fired 11 shots into the driver’s side window of
Bastiaan Slabbers/Alamy Stock Photo

Hartnett’s police cruiser.1 Three bullets hit Hartnett in
the arm, but he was able to get out his patrol car and
return fire, striking his assailant in the buttocks. The
alleged attacker, 30-year-old Edward Archer, was soon
captured, and told police that he had acted in support of
ISIS. According to a police spokesperson, Archer told
investigators that “I follow Allah and I pledge allegiance
to the Islamic State. That is the reason why I did what I
did.” Images of the shooting, taken by a nearby security
camera, showed Archer wearing a long robe similar to
that worn by middle-easterners, running toward the
patrol car—and firing into it repeatedly. He then ran A Philadelphia Police Department vehicle on patrol in the city. In 2016,
away, shooting at least one more time as he ran. a Philadelphia police officer was shot a number of times by a man who
Although seriously injured, Officer Hartnett survived the walked up to his patrol car and fired through the window. How danger-
shooting. ous is police work?
The Philadelphia attack illustrates the dangers of police
work, and shows how unpredictable such work can be. At without the slightest inkling of what was about to h
appen.
the time of the attack, Officer Hartnett had been on Incidents like this show that policing is, at its core, a
patrol and was driving slowly down a neighborhood street potentially dangerous line of work.
▶ Culture: What Is It?

Culture refers to a shared set of values, norms, and behaviors that are found among police officers. It describes the fact that police
form a particular way of life. Values are standards of goodness, officers generally adhere to a set of values and beliefs that differ
or those things that are perceived to be important. Norms refer to in certain crucial respects from those held by members of the
rules and expectations about wider American culture. Some of the values that characterize
LEARNING Describe the elements which forms of behavior are police subculture, like patriotism and a dedication to creating a
OUTCOMES of culture.
acceptable and which are not. better society, are positive values that many Americans share.
1 Any discussion of culture Others, like suspicion and cynicism, are not always prized by
should also consider social others but may be necessary for effective (and safe) police
institutions. Institutions can work. It is important to understand that the values and norms
be found in organizational structures—like schools, families, that characterize police subculture are not unique when taken
and churches. Social institutions communicate values and norms individually. It is their occurrence together that gives policing
throughout society and over time contribute to cultural stability. its distinctive nature. Police corruption and deviance, insofar as
In the policing context, significant research has shown that the they stem from the subculture of policing, are taken up in Chap-
nature of police organizations, like other social institutions, ter 12. Our concern in this chapter is with the broader nature of
shapes police behavior. America is considered a multicultural police subculture in general.
melting pot because there are many different cultures within our The section that follows looks at the generic elements of any
borders, organized by all manner of shared sentiments. culture. After covering the basics, we then turn our attention to
the sources of police subculture and to the specific components
of police subculture (Figure 5–1).
Culture versus Subculture
The term subculture refers to cultural patterns that distinguish
some segment of a society’s population from the rest of that Elements of Culture
population. Consequently, individuals who share values and Cultures are characterized by themes, or shared commonalities.
norms that differ from those of the larger culture can be said to Consider NASCAR racing. Some would say that there is not
be members of a subculture. The term police subculture (some- only a racing subculture in America but also a number of
times called police culture) has been used to describe the shared themes running through it, including fan loyalty to specific
values and norms and the established patterns of behavior that drivers, respect for the rules of racing, and a desire to own
76 Chapter 5 Police Subculture

CULTURE POLICE Some values are shared between many
A shared set of values, norms, and Americans and the police, and others are
behaviors that form a particular way of life SUBCULTURE unique to the police.
The shared values and norms
and the established patterns (1) Shared values between many
of behavior that are found Americans and the police—patriotism,
among police officers dedication to a better society
SUBCULTURE
Cultural patterns that distinguish (2) Values unique to the
some segment of a society’s police—suspicion, cynicism
population from the rest of that
population
FIGURE 5–1 The Police Subculture.
brand-name products associated with NASCAR winners. not only about the best way to go about accomplishing tasks but
Themes tend to be shared by members of a particular culture. also about the moral superiority of one approach over another.
Culture also promotes the expression of norms and shared val- For example, consider how a scientific approach to a problem
ues in ways that are defined as acceptable. Let’s look briefly at might differ from a faith-based approach to the same problem.
each of these concepts in greater detail (Figure 5–2). It is useful to think of organizations as promoting their par-
ticular institutional values. It is probably safe to say that most
Various Themes law enforcement personnel at one time felt that this was the
John Crank, who has written extensively on the subject of police best way to go about the business of enforcing the law.4 An
subculture,2 refers to a “confluence of themes,” “meaning that opposing view says that the traditional approach to managing
diverse aspects of organizational activity merge into a whole police organizations is slow to adapt to new problems (such as
united by commonly held values and shared ways of thinking.”3 the challenges of terrorism and homeland security) and is resis-
Consider another type of culture: academia. The wider tant to change.5 Some progressive police administrators feel
American culture often sees universities as places of learning that decentralization, one of the hot topics in policing today,
dominated by liberal thinkers. But to characterize the culture of is a more effective approach. (Note that the word progressive
academia and all academics as “liberal” would be inaccurate. is itself value laden and that “progressive” ideas should not
Not only do many of today’s professors characterize themselves be accepted in place of more traditional ones unless their true
as politically conservative, but liberalism in university settings “value” can be demonstrated.)
is tempered by other factors. One of those other factors is skepti- Preference for centralization or decentralization may actu-
cal positivism (the essence of science), a theme running through ally represent two subcultural perspectives within the larger
academia that combines with liberal beliefs and countless other culture of policing. What, then, would be an example of an
factors to create a relatively unique set of beliefs, values, and institutional value that is ubiquitous in policing? Returning
behavioral patterns. Skeptical positivism rejects beliefs based again to Crank’s observations, we note the idea of personal
on faith or tradition alone and demands rigorous scientific proof responsibility, one of the bedrock (though unwritten) principles
before an idea can be accepted. on which the American system of criminal justice is built. This
belief in personal responsibility is clearly manifested through-
Institutional Values out criminal justice agencies, including police departments.
Our definition of culture highlights the role of shared values There is an almost unshakable faith among police administra-
and norms. Recall that values are what people consider tors in preventive patrol as useful for deterring would-be crimi-
important, but they can also reflect an impression of how cer- nals, even though much of the research does not necessarily
tain things should be done. This is what is meant by institu- support this approach. The belief seems to be that the threat
tional values. of punishment, resulting from being caught in the act of com-
There is a moral dimension to institutional values that sug- mitting a crime, serves to restrain those who would otherwise
gests the norms we talked about earlier. Cultures contain beliefs choose to break the law.
Culture: What Is It? 77

Various themes or aspects of a
Various Themes particular profession mix together to
create a common set of beliefs,
behaviors, and reactions to particular
sets of circumstances.
Law enforcement officers, for example,

often think in terms of “us against them.”
Institutional Themes A sense of agreement exists within a

particular culture on how to accomplish
valued objectives.
The traditional police department, for

example, has a hierarchical, quasi-military
structure, and an established formal chain
of command with rigid bureaucratic
structure.
Emotional Expression Expression (as well as the mode of

expression) of a culture’s shared norms
and values
In the police context, “war stories” told in

the academy serve to build and reinforce
cultural beliefs and preferences.
FIGURE 5–2 Three Elements of Culture.
This point also illustrates the interconnectedness between change. This recognition enables us to present a more accurate,
cultures. Crank’s observation refers to a general set of beliefs complete, and practical definition of culture. Crank’s definition
characteristic of American culture that is not limited to crimi- is useful in this regard: Culture is a body of knowledge that
nal justice. But these beliefs have clearly shaped policing—and emerges through the shared application of practical skills to
police subculture. What make police subculture different from concrete problems encountered in daily routines and the normal
the broader American culture are the many additional themes course of activities.6
that have been grafted onto it. In closing, we should remark on the self-confirming nature of
culture. This means that culture is self-reinforcing. It sustains itself
Emotional Expression and propagates itself largely intact from one generation to the
Businesspeople and other workers “vent” from time to time with next. It is no mystery why police officers share many of the same
some of their colleagues. They complain about everything from sentiments in different places, and even over time. The beliefs they
annoying or incompetent coworkers to the direction their com- carry emanate from shared training and common experiences and,
pany is headed. Likewise, college students share with their peers as such, tend to transcend time and location. To be sure, cultures
concerns about college life, their professors, tests they have to change and adapt, but this change does not occur quickly.
take, papers they are asked to write, and even their books. Indeed,
everyone expresses himself or herself in one way or another.
Expression can occur through several media. Off-duty con-
versations between fellow officers provide a means for release. Sources of Police Subculture
Even if an officer’s feelings are not openly shared, they can still To this point, our discussion of culture has been generic, with-
affect the officer’s perception of the world and thus his or her out much reference to the unique nature of American policing.
behavior. Now it is time to get more specific: What is police subculture?
To summarize, culture is complex, deeply entrenched, What does it look like? Where
and shared. It is complex in the sense that it comprises vari- does it come from? This sec- LEARNING Explain the sources of
ous themes. Several sets of beliefs and values intersect to create tion is concerned primarily OUTCOMES police subculture.
individual cultures. Finally, culture is shared through a host of with the last question, the 2
verbal and nonverbal channels: openly, subtly, and sometimes sources of police subculture
tacitly. (Figure 5–3). After we ascer-
One does not need to venture far (geographically or profes- tain what it is that has given rise to police subculture, we will be
sionally) in this country to discover how rapidly culture can in a better position to grasp exactly what its components are.

Occasionally, a man transfers from one squad to another,
bringing with him knowledge of ex-colleagues which
Organizational he offers to his new colleagues, enriching their knowl-
Factors edge about coworkers who are frequently seen, greeted,
chatted with, but rarely known in the personal way as
are the [members of the] squad.10
This illustrates shift work’s impact on the development of
The Street police subculture. Many other features of police organizations
The Media
Environment also work together to breed a relatively unique group of individ-
Police uals. We will consider the influence of administrators on subor-
Subculture dinates, for example, but for now, let’s shift gears and focus on
the environment as a source of police subculture.
The Street Environment

Other Criminal Policing is a people profession. The daily work of most police
Administration
Justice Agencies officers involves interacting with ordinary citizens and with
other professionals in the criminal justice system. No other
encounters have as many culture-shaping implications as those
FIGURE 5–3 Sources of Police Subculture. between the police and citizens.
Crank has identified two types of encounters that are espe-
cially significant in shaping police subculture. The first of these
is the street environment. Here, an officer’s personal beliefs,
Organizational Factors the circumstances of the encounter (e.g., within view of oth-
Although police departments are certainly not unique in this ers or not), and the attitudes each party brings to the encounter
regard, police work is usually divided into at least three shifts. (hostility, cooperation, respect, and so on) can influence behav-
In larger police departments, there are often several squads of ior in ways that are enduring and reinforcing.
officers working each shift. In the largest agencies, these squads Younger officers who have aspirations (some cynical older
are organized into platoons of 25 or more officers. Platoons officers might say “delusions”) of changing the world and of
might be divided up based on geographic criteria.7 Police agen- engaging in exciting crime-fighting activities are often soon
cies today often use terms other than platoon or squad, but the disillusioned by the routine and even frustrating nature of many
organizational makeup remains more or less the same.8 The calls for service, especially those dealing with property crime.
result, regardless of name, is a group of officers who work the In this context, much attention usually focuses on the victim’s
same schedule. experience. But the satisfaction that police officers get from
Perhaps the most unusual shift in policing is the one stretch- taking property crime reports is usually quite low.11
ing from midnight or so until shortly after daybreak. Officers Violent crimes can also prove less than exciting. Random
who work this shift generally have difficulty associating with acts of violence between total strangers are often the excep-
people who work normal nine-to-five jobs because they tend tion. Although the media may suggest otherwise, the typical
to sleep during daylight hours. What’s more, some officers violent encounters that officers respond to are those between
are often required to work weekends and holidays, which fur- friends and acquaintances,12 and high on the list are domestic
ther interferes with their ability to socialize with and establish incidents. As Crank notes, “Instead of providing police with
friendships with people outside their professional circle. a satisfactory sense of work accomplished, [these encoun-
No matter what the hours, the period at the end of a shift ters] reveal the seamy, coarse, and destructive side of ordinary
provides ample opportunity to rehash the day’s activities, fur- human relations.”13
ther reinforcing common bonds among police officers. Two These observations show how the environment—especially
researchers who observed a Colorado police department high- the typical kind of contact between police and citizens—bodes
lighted the importance of these end-of-shift discussions, noting ominously for police subculture. Such job frustrations, coupled
that the period at the end of a shift with other environmental elements, lead to a unique worldview
and to a characteristic set of beliefs about how to deal with most
provided an opportunity to discuss department policies, members of the public and with offenders.
politics, and personalities. Rumors made their rounds at The street environment is an influential shaper of police
this time—with a few being squelched, several being subculture, but the traffic stop is at least equally influential.
started, and many being embellished.9 Since nearly every traffic stop is involuntary (i.e., drivers would
Of course, rumors and stories do not stay confined to spe- rather not be stopped by the police), any hopes of a positive
cific squads or platoons. With daily interaction and transfers, encounter between the officer and the driver are doomed from
which are common, they spread from one group of officers to the start. As a result, traffic stop interactions negatively shape
the next, as criminologist Ted Rubinstein notes: police subculture.
Sources of Police Subculture 79

seem arcane and irrelevant. This, in turn, shapes their attitudes
Administration toward administrators, possibly their instructors, and maybe their
The administrative arrangements in the typical police depart- entire educational experience. The same is true in police work.
ment cannot help but inform police subculture. Interactions
with superiors and the routine steps taken at the beginning and
end of each shift work together with social and physical envi- Other Criminal Justice Agencies
ronments, organizational factors, and other factors to set polic-
ing apart from other professions. Police officers’ interactions with other criminal justice agencies
The typical officer usually reports for duty at roll call. This also shape police subculture. If a prosecutor rejects a case that
may take place in a briefing room where officers are given the investigating officer perceives to be strong, for example,
their assignments, activities of the previous shift are recounted, this can lead to disillusionment and frustration, which the offi-
new policies are discussed, and anything else of importance is cer will likely communicate to his or her peers. The more often
brought up. Roll calls are usually presided over by sergeants or this occurs, the more police officers may feel that they stand
their equivalents. From a culture-forming standpoint, roll call alone in their crime-fighting efforts and are not being supported
is important for a number of reasons, not the least of which is by other criminal justice professionals.
it gives an opportunity to get together and commiserate, espe- On the other hand, if the prosecutor elects to take a case
cially in the periods right before and after.14 forward, this can take a significant amount of an officer’s time,
At shift end, officers return to the briefing room or equiva- including his or her off-duty time. The defense will be enti-
lent locations to finish their paperwork, change back into civil- tled to discovery, which usually includes examination of the
ian attire, and prepare to head home. Debriefing also occurs at police report. The defense will scrutinize the report to ensure
this time, particularly if a critical incident, such as a shooting or that proper procedures were followed and may even call into
use of force, occurred during the shift. No matter the arrange- question the officer’s integrity and worthiness—especially if
ment, this stage of the typical officer’s day also shapes police the report was poorly written. All of this can be quite stressful
subculture. Officers spend time together, relax, and share sto- for the officer, thus contributing to a unique set of perceptions,
ries about their days.15 beliefs, and values that characterize police subculture.
As for interactions with supervisors, one would suspect
that sergeants (and other higher-ups) would have an influen-
tial role in the shaping of police subculture. Research reveals, The Media
interestingly, that this tends not to be the case. For example, The media have perhaps the most influence on police subcul-
police researchers David Allen and Michael Maxfield studied ture. Some members of the media are supportive of the police
the arrest, citation, and warrant activities of police officers and and represent what Crank has called the “inner circle.” These
found that sergeants had virtually no direct effects on their are often reporters who have worked with police officers for
subordinates’ activities—particularly the quantity of those years and have come to appreciate the difficulties involved in
activities: policing. Police officers can usually work constructively with
The influence of first-line supervisors in directing the these reporters to manage the release of information and to
behavior of officers is seriously limited. Even though ensure that investigations proceed unfettered. But not all report-
supervisors emphasize a particular performance crite- ers are supportive, and at least a minority, it seems, are bent on
rion or suggest that a certain level of performance be casting law enforcement agencies in an unfavorable light.
met, officers under their command do not seem to The Houston Chronicle (a traditionally liberal newspaper)
respond positively to these cues.16 published a series of articles criticizing the Houston Police
Department for its use of Tasers.17 The department’s Tasers
Although supervisors may not directly influence the culture were equipped with cameras, not unlike the cameras found
of line officers, there are other administrative factors that surely in patrol cars around the country. The cameras help to ensure
do. One of them, according to Crank, is the process of internal that officers act properly and within the law. At the same time,
review, which encompasses everything from investigating offi- though, there is nothing pleasant about watching a person on
cers whose activities are called into question to reviewing the the receiving end of a Taser shock. They frequently yell, howl,
performance of new and seasoned officers alike. Internal review flail, and appear to be in great pain. The Chronicle posted on
activities—which are generally not openly welcomed by line its website the Taser videos that it had obtained. The news-
officers—surely shape their worldviews, interactions with one paper criticized the police department, claiming that officers
another, and ultimately police subculture. were using Tasers not only to defuse hostile situations but often
Finally, policies and procedures, sometimes known as stan- when use of the devices was inappropriate. The paper failed
dard operating procedures, also shape police subculture. Rules to report on any successful incidents where Taser use resulted
are put in place to protect citizens and to protect police organiza- in the apprehension of dangerous suspects without loss of life.
tions from undue scrutiny, complaints, criticisms, and lawsuits. This episode, which some saw as intentionally biased reporting,
Such rules are written by administrators, attorneys, or high-level showed that the police are sometimes “damned if they do, and
officials, often with little input from the rank and file. Most peo- damned if they don’t.”
ple can sympathize with the resentment that this can breed. Stu- A police department’s relationship with the media can be a
dents often have to follow various school procedures that may double-edged sword. The media can aid in investigations, for

example, by publicizing composite sketches of suspects. But maintaining a police presence can do wonders in the further-
they can also paint police departments in a less-than-favorable ance of control.
light. This is particularly true in the case of scandals. A scandal Control is somewhat synonymous with order maintenance,
involving a small group of officers can tarnish the reputation one of the principal police functions we identify in Chapter 7.
of an entire department for years. This, in turn, takes its toll on The issue also comes up in the next chapter, where we discuss
officers who work in that department and who might come to police behavior and decision making. Viewed together, these
regard members of the press skeptically. chapters make it clear that a police officer’s identity and effec-
In summary, there are five factors that have been linked to tiveness rest significantly on his or her ability to take control,
the formation of police subculture: organizational matters, the whether that control is direct (e.g., at a crime scene) or indirect
street environment, administration and administrative styles, (by simply maintaining a presence in the community).
relationships with other criminal justice agencies, and relation-
ships with the media. This, of course, is not an exhaustive list. Territoriality
It would be impossible to identify all of the elements that shape People, like animals, are all territorial to some extent. Whether
police subculture in America. All of these factors interact in we are protecting our homes, our cars, or our personal posses-
complex and sometimes unpredictable ways to produce a set sions, each of us takes steps to ensure “ours” does not become
of values and norms not found in any other occupation. What “theirs” without our consent. Police officers are also territorial.
exactly are these values and norms? What is police subculture? Instead of using the term territoriality, however, Crank calls
We answer these questions in the rest of this chapter. this aspect of police work dominion, as the term “captures the
divine responsibility over secular human activity that character-
izes the special relationship cops have with a piece of earthly
terrain.”20 John Van Maanen made this observation about
Components of Police territoriality:
Subculture [Officers] come to know, in the most familiar and pen-
In this section, we look at the values and norms that characterize etrating manner, virtually every passageway—whether
police subculture in America. We examine control and territoriality; alley, street, or seldom used path—located in their sec-
use of force; danger, unpredict- tor. From such knowledge of this social stage comes the
LEARNING Summarize the com-
OUTCOMES ponents of police ability, and suspicion; solidar- corresponding evaluations of what particular conditions
3 subculture. ity; and other components of are to be considered good or bad, safe or unsafe, trou-
police subculture (Figure 5–4). bled or calm, usual or unusual, and so on. . . . These
evaluations are also linked to temporal properties asso-
ciated with the public use of a patrolman’s area of
Control of Territory responsibility. . . . The territorial perspective carried by
patrolmen establishes the basic normative standard for
It is the use of coercion—or at least the authority to use
the proper use of space.21
coercion—that ultimately defines police work. Sociologist
Egon Bittner once described the coercive authority of policing
as the distinguishing feature that sets law enforcement apart
from other professions. He called it the capacity to use force.18
The power that officers have when it comes to the potential use
of force is awesome because force can be used to deny people Think About It. . .
their freedom or even to take their lives. The ability to be coer-
The Police Sixth
Hemis.Fr./SuperStock
cive and to use force shapes the attitudes of police officers and
Sense Police officers
sets them apart from other professionals. Rieger Bertrand/
are said to have a
Of course, force is not necessary most of the time, nor is
“sixth sense,” a mix of
coercion, but the maintenance of control is critical. Combined
suspicion, fear, and
with the notion of control is territoriality, or the sense of respon-
intuition that suppos-
sibility a police officer feels for a particular area. Police officers
edly sets them apart
must establish control over crime scenes and maintain social
from ordinary citizens. Interestingly, no one has ever set out
control over the neighborhoods they patrol.
to prove that police officers are any different than ordinary
citizens when it comes to a set of sixth sense–like charac-
Control
teristics. In The Gift of Fear, Gavin de Becker argues that
The term control sounds ominous. It suggests that police offi- everyone can learn to recognize risk, rely on intuition, and
cers actively take steps to place limits on people’s actions. Cer- evaluate the potential for violence in any given encounter.
tainly, this does occur, especially when criminal suspects do not Perhaps, then, cops are taught the sixth sense while ordi-
cooperate; however, there is more to the element of control than nary citizens sometimes aren’t. Is there a police “sixth
this. As Crank observes, “Cops may strategically use symbolic sense”? How can we know? How might one go about prov-
elements of their authority as coercive devices . . . displaying ing the presence or absence of a police sixth sense?
their weaponry in an intimidating way, for example.”19 Simply

Control—Synonymous with order maintenance, one of the principal police functions. Control is direct (at a crime scene, for example)
or indirect (by simply maintaining a presence in the community).
Territoriality—Police officers tend to learn every aspect of the area to which they are assigned. As part of this learning, they come to
appreciate what is normal or abnormal, safe or unsafe. An officer’s sense of territory leads him or her to feel a sense of ownership
over his or her geographical area of responsibility.
Use of Force—The very possibility of having to use or to face force, and the emotions that accompany the use or threat of force, is a
powerful contributor to police subculture.
Danger—Much of police work is routine and predictable, but there is the potential, at any moment, for a violent altercation that could
lead to the taking of a life, be it a suspect’s life or the officer’s.
Unpredictability—There are pros and cons to the unpredictability that is inherent in policing.
For one thing, danger can erupt at any moment. Unpredictability, on the other hand, Bravery Art of
lends meaning and excitement to the job. Deception
Suspicion—A simple equation characterizes much of police work: Isolation Control
danger + unpredictability = suspicion. Cops know that given the potential for
danger around any turn and the inherent uncertainty that go along with
police work, a sense of suspicion is essential.
Secrecy Territoriality
The Split-Second Syndrome—There are three features of
policing—urgency of police–citizen encounters, the involuntariness
of such encounters, and the public setting in which they take The
place—combine to put officers in the position of having to make Use of
Masculine
quick on-the-spot decisions. Force
Environment
Moral Superiority—Moral superiority is concerned with a belief on
the part of police officers that they represent a higher moral order. The
Us-versus-Them Danger
Common Sense—Common sense arises from the doing of police work,
Mentality
what officers see and how officers act on and react to their working
environment. It is the practical knowledge they use to do their work.
The Masculine Environment—Police officers work in a largely masculine Common Unpredictability
environment. This is partly due to the fact that the profession has historically Sense
been dominated by males. Invariably, this has caused police subculture to be Moral
dominated by masculine values and orientations. Superiority The Suspicion
Split–Second
The Us-versus-Them Mentality—Police officers perception that it is “us,” the police,
Syndrome
against “them,” everyone else.
Secrecy—The public does not have access to much of what happens in the world of law enforcement. Information tends to be given
out on a need-to-know basis. Secrecy also insulates officers from intensive scrutiny from supervisors and the community.
Isolation—The job often requires officers to literally work in isolation. Perhaps more important, though, is the prospect of isolation
from the community.
Bravery—Police officers need to possess the attribute of bravery before entering the profession. A person who does not feel
comfortable in confrontational, perhaps dangerous situations (or who cannot be taught to act bravely) probably won’t make a very
good officer.
Art of Deception—Although somewhat controversial, some experts regard the art of deception as none other than good policing or
creative detective work.
FIGURE 5–4 Components of a Police Subculture.
metaphor effectively shapes police subculture. As Crank puts it,

Use of Force “The metaphor ‘war’ has had explosive mobilizing potential. It
William Wesley was among the first police researchers to cite provided a way to view the police as protectors of society (read
the importance of force as a crucial element of police culture. ‘your wives and children’), and to view criminals as amoral
Others, like Bittner, also focused much of their attention on the enemies—less than human.”23
role of force in policing. The very possibility of having to use or It is not just force that shapes police subculture; it is specific
to face force—and the emotions that accompany the use or types of force. Consider guns, perhaps the most familiar symbols
threat of force—is a powerful contributor to police subculture.22 of policing next to white sedans with light bars. “In the culture
The role force plays in shaping police culture is further of policing, guns transform police work into a heroic occupa-
magnified by the war metaphor we use to refer to crime fight- tion, providing both a bottom line and an unquestionable righ-
ing. The phrases “war on crime” and “war on drugs” are com- teousness that pervades all police–citizen encounters,”24 Crank
monly used, often without much conscious thought, but the war notes. The ready availability of handguns, rifles, s hotguns, and
semiautomatic weapons combines with the war metaphor to There is an interesting paradox that arises with respect to
create a special type of work environment, one that cannot help guns. They shape police subculture perhaps more than any other
but mold police subculture: factor, but (other than at practice ranges) police officers rarely
Policing in the United States is very much like going to fire their weapons.27 To be sure, there are some police duties that
war. Three times a day in countless locker rooms across require more frequent weapons usage, such as serving on a spe-
the land, large men and a growing number of women cial weapons and tactics (SWAT) team. And there are some cities
carefully arm and armor themselves for the day’s events. (and areas of those cities) that are far more dangerous than others.
They begin by strapping on flak jackets. . . . Then they On the whole, though, gun use by police officers is infrequent.
pick up a wide, heavy, black leather belt and hang
around it the tools of their trade: gun, mace, handcuffs,
bullets. When it is fully loaded, they swing the belt Danger, Unpredictability, and Suspicion
around their hips with the same practiced motion of the Chapter 4 touched on academy training and recruits’ learning
gun-fighter in Western movies, slugging it down and of the so-called sixth sense (also see the accompanying “Think
buckling it in front. Many officers slip an additional About It” box), the police officer’s somewhat intuitive feelings
small-caliber pistol into their trouser pocket or a leg of skepticism and suspicion. Skepticism and suspicion are
holster just above the ankle. Inspecting themselves in a essential in policing because the job can sometimes be very
full-length mirror, officers thread their night sticks into unpredictable. This section looks at how danger and unpredict-
a metal ring on the side of their belt.25 ability shape police subculture. Together they breed skepticism
Of all the items in a police officer’s arsenal, though, it is the and suspicion at levels largely unmatched in other professions.
sidearm that is most apparent, most influential, and most signif-
icant in its contribution to occupational identity. The prospect Danger
of a deadly encounter, as Crank observes, is “etched into the The potential for danger sets policing apart from other occupa-
personality of the police officer forever—an unrequested rite of tions (see also Figure 5–5, which includes police officers in the
passage that leaves a stain on the personality of the officer.”26 category of “Government”).28 It may not be the most objectively
Number and rate of fatal occupational injuries by industry sector, 2014
Construction 899 9.8

Transportation and warehousing 766 14.1
Agriculture, forestry, fishing and
hunting 584 25.6
Government 435 1.9
Professional and business services 425 2.7
Manufacturing 349 2.3 Total fatal work injuries = 4,821
All-worker fatal injury rate = 3.4
Retail trade 272 1.9
Leisure and hospitality 216 2.0
Wholesale trade 191 5.1
Other services (exc. public admin.) 186 2.7
Mining, quarrying, and oil
and gas extraction 183 14.2
Educational and health services 146 0.7
Financial activities 117 1.2
Information 35 1.2
Utilities 17 1.7
900 600 300 0 10 20 30

Number of fatal work injuries Fatal work injury rate
(per 100,000 full-time
equivalent workers)
Private construction had the highest count of fatal injuries in 2014,
but the private agriculture, forestry, fishing and hunting sector had
the highest fatal work injury rate.
FIGURE 5–5 Number and Rate of Fatal Occupational Injuries by Industry Sector, 2014.
Source: From Census of Fatal Occupational Injuries, 2014, Bureau of Labor Statistics.

dangerous job (timber cutters and taxi drivers, for instance, die on A problem with the Cullen study and other studies of the
the job considerably more often than police officers do), but this relative dangerousness of police work is that they often focus on
does not discount the prominent position that perceptions of dan- officer deaths. Deaths are relatively rare, especially in light of
ger hold in policing. Learning about the prospect of danger begins modern medical care, training, and personal protection equip-
at the academy and continues through field training, where ment, such as bulletproof vests. So, if deaths are not a good mea-
“police vicariously experience, learn, and re-learn the potential sure of dangerousness, what is? Some researchers have looked
for danger through ‘war stories’” told by veteran officers.29 at assaults against police officers. The Federal Bureau of Inves-
In the study of victims (known as victimology), there is a tigation (FBI), for example, found that 48,315 officers were
concept called the victimization paradox. It refers to the fact assaulted throughout the United States in 2014.31 This number
that some people, especially women, tend to be more fearful of vastly exceeded the number of killings of police officers; when
crime than is justified by the likelihood of actually being vic- limited to homicides, such killings tend to number below 50 in
timized. A similar phenomenon has been identified in policing any given year. There were 51 in 2014, the most recent year for
and has been called the paradox of policing. University of Cin- which data were available as of this writing.32 See Figure 5–6
cinnati criminologist Francis Cullen and his colleagues found for additional details on the events surrounding killings of, and
that while the potential for danger pervades police work, polic- assaults against, police officers—according to the FBI.
ing is not particularly hazardous compared with a number of How does police work compare with other occupations in
other occupations. Officers who were interviewed felt that their terms of the potential for assault? Certain elements of police
personal chance of being injured or killed was slim, but they work are far more dangerous than others. Researchers have not
still perceived policing as a dangerous occupation.30 In other fully answered this question. Even so, it is a safe bet that few
words, policing carries a high potential for danger, even if the other occupations carry as much potential for employee assault
chances for actual danger are not all that high. as does policing.
Handling, Handling person with

transporting, mental illness
Handling person
custody of prisoner 2.2% Civil disorder
Investigative with mental illness Ambush
2.2% 1.3%
activity 1.8% situation
5.0% Investigating suspicious 0.4%
person/circumstance
Ambush 9.4%
(entrapment/
premeditation)
7.1% Arrest situation
18.8%
Traffic
pursuit/stop Disturbance call
Tactical 31.9%
9.6%
situation
9.7%
Traffic Handling,
pursuit/stop transporting,
Unprovoked 18.4% custody of
attack prisoner
11.3% 12.6%
Investigating
Arrest situation
Disturbance suspicious All other
17.9%
call person/ 14.7%
12.3% circumstance
13.5%
Percent of 505 officers feloniously killed2 Percent of 563,030 officers assaulted3, 4

1 Because of rounding the percentages may not add to 100.0.
2 The circumstance category of “All other” does not apply to the data collected for law enforcement officers feloniously killed.
3 The circumstance categories of “Ambush (entrapment/premeditation)” and “Unprovoked attack” are included in the “Ambush situation” data collected for
law enforcement officers assaulted.
4 The circumstance categories of “Investigative activity” and “Tactical situation” are included in the “All other” data collected for law enforcement
officers assaulted.
1
FIGURE 5–6 Law Enforcement Officers Feloniously Killed and Assaulted: Percent Distribution by Circumstance at Scene of Incident, 2005–2014.
Source: From Law enforcement officers killed and assaulted, 2014, U.S Department of justice.

Unpredictability e lements, each of which is covered in the next few subsections.
The relative dangerousness of policing can be debated. Some We will look at moral superiority, common sense, the mascu-
researchers would say perceptions of dangerousness are over- line environment, the us-versus-them mentality, and secrecy.
played, and officers on the streets would likely argue the oppo- Again, we draw on John Crank’s informative examination of
site. But it is difficult to dispute that levels of unpredictability police subculture for guidance.
are high, no matter what one’s perspective.
A common saying in the police literature is some variation Moral Superiority
of this: “Police work is hours of sheer boredom punctuated In discussing police morality, Crank points out that “police see
by moments of sheer terror.” Others have referred to the “huff themselves as representatives of a higher morality embodied in
and puff of the chase.”33 Indeed, a number of researchers have a blend of American traditionalism, patriotism, and religion. As
argued that it is those unpredictable moments of terror—the moral agents, police view themselves as guardians whose
adrenaline-pumping seconds—that make policing an attractive responsibility is not simply to make arrests but to roust out
job to many people.34 society’s trouble-makers.”38 In other words, they see them-
Unpredictability need not equate with danger, however. It selves as morally superior in some sense. This may sound
can simply give rise to the bizarre. Unpredictability can also pompous, but remember that policing is about enforcing the
take on an air of unpleasantness, and officers need a strong law. Laws reflect people’s perceptions of right and wrong, and
stomach to deal with some of what they encounter. those who break them are on the “wrong side,” at least most of
the time.
Suspicion There is a darker side to the police moral sense, too. It leads
Suspicion can creep into an officer’s private life and into his or her to a tendency to regard ordinary citizens as different and even
associations with others—such as neighbors and strangers—who inferior. For example, people who get speeding tickets are often
are not employed in the same line of work. In this vein, suspicion admonished by the citing officer, who might conclude by say-
is more than good police work or part of the working personality. ing, “Please watch your speed now.” Such statements are usu-
Rather, it is a key factor that defines police subculture. ally offered up out of genuine concern for the driver’s safety,
By outsiders, suspicion is regarded as an unfortunate by- but they can also be said with thick sarcasm laden with an air of
product of policing that slowly takes over an officer’s whole superiority. It is these latter tendencies that Crank points to in
personality, not just his or her working persona. Some feel that his discussion of the “moral mandate” inherent in police work.
the lack of trust police officers exhibit toward others (apart from Related to the moral mandate is the concept of dramaturgy.
other officers) explains why they do not associate much with The simple definition of dramaturgy is “the art of theater, or
civilians while off the clock. Police officers regard suspicion theatrics.” Applied to policing, dramaturgy refers to putting on
in quite a different way. They understand that they have been a display of high-mindedness. This display further reinforces
trained to be suspicious, as failure to be “on guard” most of the beliefs—on the part of police and citizens—that law enforce-
time can mean the difference between life and death.35 ment is doing the right thing and that those who work in it are
the “good guys.” Perhaps the classic study of this higher moral
The Split-Second Syndrome sense is John Van Maanen’s 1978 paper called “The Asshole.”39
If danger and unpredictability breed suspicion, then this is Although some people may find the title of Van Maanen’s paper
because of what criminologist James Fyfe has called the split- offensive, the paper is well known in academic circles, and we
second syndrome.36 use it here in order to be true to his original presentation. Van
Sometimes officers’ decisions are appropriate; other times Maanen found that police officers would brand difficult people
they are not. If a bad decision is made, Fyfe says, it is partly with this quite negative term, stigmatizing them.
due to the need to make decisions in the heat of the moment. According to Van Maanen, the identification of an “asshole”
When, for example, a police officer shoots a suspect who turns proceeds in three steps. First, the affront is when an officer’s
out not to be a danger, we must put ourselves in the shoes of authority is questioned. The second stage, clarification, occurs
the officer. Then it becomes a little more apparent how such when the officer attempts to ascertain what kind of person he or
decisions come to be made. Inappropriate decisions should be she is dealing with. Finally, the remedy consists of the officer’s
expected some of the time given the demands placed on officers response. “Assholes,” according to Van Maanen, are the people
to choose a course of action in a short amount of time, and “any most likely to be on the receiving end of some “street justice.”
subsequent criticism of officers’ decisions—especially by those In reflecting on Van Maanen’s work, Crank observes that
outside the police, who can have no real appreciation of the the term “contained a great deal of meaning for the police.
burdens upon officers—is an unwarranted attempt to be wise The label emerged from the need to maintain control in street
after the event.”37 encounters, and from a moral imperative to assert the authority
of the state when it was questioned.”40 A problem, though, is
that too many people can be branded with this label or, at best,
Solidarity viewed as untrustworthy. This is the result of an unfortunate
reality in everyday police work:
There is a tendency among police officers to stick together and
to associate with one another. In terms of police subculture, this People lie to us eight hours a day. Everybody lies to us:
is known as solidarity. Solidarity itself consists of several offenders, victims, witnesses. They all lie to the police.

It gets so bad, you go to a party, somebody comes up to that being a member of the police fraternity is also a highly
talk to you. You’re thinking, “Why is this guy saying gratifying emotional experience in which the officer sees him-
this to me? What’s his game?” You can’t turn it off.41 self as belonging to an exclusive group of men who are braver,
There are other terms besides “asshole” that police use to smarter, stronger, and more self-reliant than the civilian popula-
describe criminal suspects, other officers, citizens in general, tion they serve.”46
superiors, and scores of other people and issues. Indeed, there Secrecy
is a police vocabulary that is unique and sometimes humorous.
Researchers have found that secrecy goes hand in hand with
Common Sense solidarity. But one doesn’t need to be a researcher to get a feel
According to Crank, common sense is “the lifeblood of the for how secrecy is important in police work. The veil of secrecy
police culture.”42 What is common sense? The use of the term that tends to pervade law enforcement has been readily revealed
common sense in this context distinguishes between book in high-profile investigations of police corruption. The Mollen
learning and the ways in which actual police work is done: Commission’s investigation of the New York City Police
Department during the 1990s reached this conclusion:
Officers take great pride in their common sense. But
their common sense does not come from the world as [Secrecy and solidarity] facilitate corruption primarily
given. To the contrary, police common sense is expressed in two ways. First, they encourage corruption by setting
in their ability to see the world unseen. Common sense a standard that nothing is more important than the
derives from an officer’s skills in recognizing the hidden unswerving loyalty of officers to one another—not even
danger in the seemingly safe world inhabited by ordi- stopping the most serious forms of corruption. Second,
nary citizens.43 these attitudes thwart efforts to control corruption. They
lead officers to protect or cover up for others’ crimes—
The Masculine Environment even crimes of which they heartily disapprove.47
Police officers work in a largely masculine environment. This is Eastern Kentucky University police studies professor Victor
partly due to the fact that the profession has historically been Kappeler and his colleagues have identified a series of what
dominated by males. Invariably, this has caused police subcul- they call “postulates shaping the ethos of secrecy.” By “postu-
ture to be dominated by masculine values and orientations: lates,” they mean statements that reflect the overall sentiments
expressed by perhaps the majority of police officers. Here are
From the outset, recruits are expected to confirm their
some examples:
masculine images to others and to themselves by exag-
*
gerating the characteristics associated with manhood. . . . “Don’t give up another cop.” As perhaps one of the
Training emphasizes physical conditioning, fighting, most important factors contributing to secrecy and to a
weaponry, all skills that are associated with traditional sense of solidarity, this postulate admonishes officers to
male roles and are practiced as play in the early child- never, regardless of the seriousness or nature of a case,
hood of American males. . . . From crude slurs against provide information to either superiors or nonpolice that
women to the demonstration of an officer’s willingness would cause harm to a fellow police officer. . . .
to put his or her life on the line for a fellow officer, *
“Watch out for your partner first and then the rest of the
themes of masculinity are pervasive to police culture.44 guys working that tour.” This postulate tells police offi-
cers they have an obligation to their partners first, and
The Us-versus-Them Mentality then to other officers working the same shift. “Watching
Anthony Bouza, noted police scholar and former chief of the out,” in this context, means that an officer has a duty not
Minneapolis Police Department, vividly captured another only to protect a fellow officer from physical harm, but
defining component of police culture—the us-versus-them also to watch out for their interests in other matters.
mentality: *
“If you get caught off base, don’t implicate anybody
The sense of “us vs. them” that develops between cops else.” Being caught off base can involve a number of
and the outside world forges a bond between cops activities, ranging from being out of one’s assigned sec-
whose strength is the stuff of fables. It is called the tor to engaging in prohibited activities. This postulate
brotherhood in blue, and it inspires a fierce and unques- teaches officers that if they are discovered in proscribed
tioning loyalty to all cops, everywhere. It is widened by activities, they should accept the punishment, not impli-
the dependence cops have on each other for safety and cate others.48
backup. The response to a summons to help is a cop’s
life-line. An “assist police officer” is every cop’s first
priority. The ultimate betrayal is for one cop to fail to Other Components of Police Subculture
back up another.45 Control and territoriality, use of force, suspicion, and soli-
The us-versus-them mentality is also reflected in the points darity are key components of police culture. There are a few
we have already made about officers associating with one others, though, that do not fit neatly into any of these catego-
another. It spills over into (and is influenced by) other com- ries. They include isolation, bravery, and the creative use of
ponents of police subculture. “It is important to bear in mind deception.

Bravery
Think About It. . . Bravery is one more key component of police subculture. New
officers are taught the importance of not backing down, and
One- or Two-Officer veteran cops are constantly reminded not to appear “soft.”
Blend Images/Getty
Patrols? A department’s
Hill Street Studios/

decision to adopt one- The Art of Deception
versus two-officer patrol There is a clear dark side to deception. For one thing, most peo-
is usually dictated by
Images
ple do not enjoy being lied to. For another, deception can be
concerns like officer criminal, such as in the case of providing perjured testimony.
safety. Two-officer patrols There is more to deception in the policing context, though, and
are safer for officers but are twice as costly, and there is it is not necessarily all bad.
no conclusive research that shows two-officer patrols are Certain types of lies are necessary and desirable. Consider
any more effective in crime control. How is the topic of the usual buy–bust operation in which an undercover officer
one- versus two-officer patrols relevant to the issue of sells a willing buyer a quantity of illegal narcotics. This opera-
police subculture? Which approach do you feel should tion is common in police agencies throughout the United States
be used: one- or two-officer patrol? and is conducted in an effort to control a number of different
types of crime. Buy–bust activities rely completely on the art of
deception. For obvious reasons, buy–busts would not succeed if
they were conducted by uniformed officers.
Isolation What kinds of lies are appropriate? Thomas Barker, R. N.
Friery, and David L. Carter identified three types of lies and
Police work is characterized by at least two forms of isolation.
then surveyed officers concerning their perceptions of each.50
First, the job often requires officers to literally work in isola-
The first were so-called accepted lies, those that are necessary
tion. Consider sheriff’s deputies in rural counties. They can
in furthering the police mission. Second were tolerated lies,
effectively be on their own most of the time. Perhaps more
those that are used to defend questionable discretionary deci-
important, though, is the prospect of isolation from the com-
sions. Finally, deviant lies expressly violate the rules and legal
munity. Not only are officers somewhat physically removed
requirements. Interestingly, 58% of the officers felt deviant lies
from the communities they serve, but they can feel isolated in
were acceptable if the end result was satisfactory. The percent-
terms of relationships as well. This is especially true of rela-
ages were much higher for the other types of lies.
tionships with nonpolice:
Deception may not exactly pervade law enforcement, but
Social isolation becomes both a consequence and a it is certainly an important component of police subculture. It
stimulus. . . . Police officers find that constraints of is but one element in a long list of values and beliefs that tend
schedule, of secrecy, of group mystique, and of growing to characterize the law enforcement profession in America.
adaptive suspiciousness and cynicism limit their friend- Although a distinct culture characterizes many, if not all, occu-
ships and relationships in the nonpolice world.49 pations, it is safe to say that police subculture is clearly unique.

THE CASE
Police Subculture and Officer Stress
A recent article in the FBI Law Enforcement Journal points out The article goes on to say that police officers at all levels
the negative features of police subculture, saying that it often should be encouraged to analyze police subculture, and to
prevents officers from seeking the help and outside support identify its positive and negative features. The article also
that they need in dealing with traumatic on-the-job situations encourages officers to break the bonds of police subculture
and personal stress. In the words of the article: and to seek out help from the people and agencies who
As a result of the difficult and often dangerous duties can best provide it—even if most of those resources are
that police work involves, the occupational stress that outside of official channels. Although peer support is very
officers face is cumulatively debilitating and consum- important, the article notes that professional counseling,
ing. Yet, sometimes, law enforcement agencies offer spirituality, and wellness programs offer additional
only limited resources to help officers deal with this resources that should be employed in dealing with the
trauma. Worse still, these organizations typically exhibit stress of police work.
a firmly engrained policing subculture that dismisses
the need for such assistance.
Mark Waugh/Alamy
Law enforcement’s common but dangerous subculture
poses one of the most significant risks to the health
Stock Photo
and wellness of its personnel. This subculture leads
officers to feel that they need to act as though they can
handle anything; it emphasizes individual strength and
independence, which encourages personnel to main- A police officer examines the scene of a violent crime. Law enforce-
tain a façade of invincibility. Out of fear that they will ment officers are exposed to many stressors that most other people
appear weak, police officers generally do not encourage are able to avoid. How does police subculture help in dealing with
each other to talk about their problems.51 stress? How might it hinder addressing it?
This article on police subculture raises a number of interesting questions:

1. What is police subculture?
2. What are the negative aspects of police subculture?
3. What are its positive aspects?

C hapte r 5 Police Subculture
Learning Describe the elements of culture. culture A set of shared values, norms, and behaviors that form a way of life.
Outcomes value A standard of goodness, desirability, behavior, beauty, or interac-
Culture is a shared set of values, norms,
1 and behaviors that form a way of life. Cultures tion that serves as a guideline for living within a particular culture.
are characterized by similar themes, institu- norm A rule or expectation for behavior that characterizes a particular
tional values (i.e., beliefs about how things should get social group.
done), and means of expression. A segment of a larger institution An organizational structure through which values and norms are
culture that shares particular values and norms is called transmitted over time and from one location to another within a society.
a subculture. subculture Cultural patterns that distinguish some segment of a society’s
1. What is culture? population.
2. What are the differences between a culture and a police subculture The shared values and norms and the established pat-
subculture? terns of behavior that tend to characterize policing; also called police culture.
3. What is the role of institutional values in the formation institutional value A sense of agreement within a particular culture about
of a culture? how to accomplish a valued objective.
Learning Explain the sources of police subculture. 1. From what sources does the police subculture arise?
Outcomes
The sources of police culture include organiza- 2. How does the street environment influence police
2 tional factors, the street environment, subculture?
administration, other criminal justice agencies,
and the media. Values within police subculture are not
necessarily foreign to the wider culture, but their close street environment One of two settings identified by John Crank (the
association with one another and the exclusion of other other is the traffic stop) in which police officers perform daily tasks that
wider norms and values are what give police subculture involve interaction with ordinary citizens and with other criminal justice
its characteristics. professionals.
LEARNING Summarize the components of police paradox of policing A phenomenon in which a police officer’s fear of
OUTCOMES subculture. being injured or killed is stronger than is justified by actual rates of injury
3 Police subculture is characterized by several or death within the profession.
factors, including control and territoriality; use split-second syndrome A condition confronting police officers that
of force; danger, unpredictability, and suspicion; and soli- involves three central features of policing—the urgency of police–citizen
darity. Control refers not just to control over a particular encounters, the involuntariness of such encounters, and a public setting—
area but also to an officer’s sense of territoriality. Police all of which combine to place officers in the position of having to make
work is potentially dangerous, and work situations are com- quick on-the-spot decisions.
monly unpredictable. These factors lead to suspicion and solidarity The tendency among police officers to stick together and asso-
force officers to make split-second decisions. Solidarity is ciate with one another.
about sticking together. It has a number of components: dramaturgy In the law enforcement context, the act of putting on a dis-
moral superiority, common sense, masculine values, an us- play of high-mindedness.
versus-them mentality, and an aura of secrecy. Policing can affront According to John Van Maanen, the first of three steps police offi-
be isolating; officers can be physically and socially isolated cers use in identifying an “asshole.” It occurs when an officer’s authority is
from the citizens they serve. Bravery is another essential questioned.
component of police subculture. Finally, police subculture is
clarification According to John Van Maanen, the second of three steps
sometimes characterized by the creative use of deception.
police officers use in identifying an “asshole.” It occurs when the officer
1. What are the key components of the police subculture? attempts to ascertain what kind of person he or she is dealing with.
Which is most important in your view? remedy According to John Van Maanen, the last of three steps police offi-
2. What role does territoriality play in the police subculture? cers use in identifying an “asshole.” It consists of the officer’s response to
3. What is meant by the term “split-second syndrome,” an affront.
and how does it apply to police work? accepted lie A lie that is necessary in furthering the police mission.
tolerated lie A lie that is used to defend a questionable discretionary
decision.
dominion John Crank’s substitute for the term territoriality, which refers to
an officer’s sense of personal ownership over the area for which he or she deviant lie A lie that expressly violates the rules and legal requirements.
is responsible.

References
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2016/01/09/us/philadelphia-police-officer-wounded-
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3 Ibid., p. 14.
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4 Ibid., p. 15.
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Niederhoffer, Behind the shield (Garden City, NY: Double- CA: Sage, 1974).
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14 Crank, Understanding police culture, p. 32. 36 J. J. Fyfe, “The split-second syndrome and other determi-
15 Ibid. See also Pogrebin and Poole, “Humor in the briefing nants of police violence,” in Critical issues in policing, 4th
room.” ed., eds. R. G. Dunham and G. P. Alpert, pp. 583–98
16 D. N. Allen and M. G. Maxfield, “Judging police perfor- (Prospect Heights, IL: Waveland, 2001).
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pp. 65–86 (Beverly Hills, CA: Sage, 1983). G. W. Sykes, “Street justice: A moral defense of order
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grow-over-HPD-s-use-of-Taser-guns-1842941.php the street, eds. P. K. Manning and J. Van Maanen, pp.
(accessed January 13, 2016). 221–38 (Santa Monica, CA: Goodyear, 1978).
18 E. Bittner, The functions of police in modern society (Wash- 40 Crank, Understanding police culture, p. 160.
ington, DC: National Institute of Mental Health, 1970). 41 C. Fletcher, Pure cop (New York: Pocket Books, 1991),
19 Crank, Understanding police culture, p. 40. p. 278.
20 Ibid., p. 44. 42 Crank, Understanding police culture, p. 164.
21 Van Maanen, “Observations on the making of 43 Ibid., pp. 172–73.
policemen,” p. 226. 44 Ibid., p. 180.

45 A. Bouza, The police mystique: An insider’s look at cops, 49 C. Bahn, “Police socialization in the eighties: Strains in
crime, and the criminal justice system (New York: Plenum the forging of an occupational identity,” Journal of Police
Press, 1990), p. 74. Science and Administration, vol. 12 (1984), pp. 390–94,
46 P. Bonifacio, The psychological effects of police work: quote on p. 392.
A psychodynamic approach (New York: Plenum Press, 50 T. Barker, R. N. Friery, and D. L. Carter, “After L.A., would
1991), p. 39. your local police lie?” in Police deviance, 3rd ed., eds.
47 The report of the City of New York Commission to investi- T. Barker and D. Carter, pp. 155–68 (Cincinnati: Anderson,
gate allegations of police corruption and the anti-corruption 1994).
procedures of the police department (New York: The 51 Mark Malman, “Changing Police Subculture,” FBI Law
Mollen Commission, 1994), pp. 51–52. Enforcement Bulletin, April 2012, https://leb.fbi.
48 Reprinted by permission of Waveland Press, Inc., from gov/2012/april/changing-police-subculture (accessed
Victor E. Kappeler et al., “Breeding deviant conformity,” in March 5, 2016).
Forces of deviance: The dark side of policing (Long Grove,
IL: Waveland Press, Inc., 1998). All rights reserved.

6
Police Discretion
and Behavior
1 Describe police discretion and its advantages and

disadvantages.
2 Differentiate between the universalistic and

particularistic perspectives on police behavior.
3 Describe the factors that affect police decision

making.
Danny Johnston/AP Images
92 Chapter 6 Police Discretion and Behavior

Intro The Ferguson Effect
When the FBI released a six-month report on crime rates
LARRY W. SMITH/epa european pressphoto

in late 2015, it contained some shocking data. “After
years of declining rates in nearly every big city, we’re now
seeing many cities break that trend and begin climbing
agency b.v./Alamy Stock Photo

back up,” said University of Missouri Professor Richard
Rosenfeld, one of the country’s leading researchers on
crime rates.1 Although changes in crime rates are not
always easy to explain, a number of police experts pointed
to what they called the “Ferguson effect” in pushing rates
up. The Ferguson effect is the name of a hypothesis,
developed in the aftermath of riots in Ferguson, Missouri,
in 2014. The riots followed the shooting of Michael
Brown, an unarmed black 18-year-old, by a white police
officer. (For more details on the event, see the opening Rioters in Ferguson, Missouri, in 2014. What is police discre-
story in Chapter 13.) Some claimed that Brown had his tion, and how does it affect people’s lives?
hands raised in surrender when he was shot. Although
that account was later disputed, and a St. Louis County Ferguson’s lead and implemented a “hands-off” approach
grand jury refused to indict the officer, days of rioting and to many types of crime. The Ferguson hypothesis, pro-
looting enveloped Ferguson, a St. Louis suburb. As the posed after crime rates jumped, suggests that criminal
violence continued, the department’s police force stood offenders everywhere felt emboldened to question police
down—not even making arrests while arson and looting authority after seeing the self-restraint that police officers
suspects ran freely through the streets. As civil unrest and their agencies exercised, fearing negative publicity,
spread across the country, other departments followed public vilification, and civil suits.
▶ Defining Discretion
Police officers have the authority to make decisions that can People could drink on side streets, but not at the main
affect individuals in profound and lasting ways. One officer intersection. Bottles had to be in paper bags. Talking to,
might decide to arrest someone for the first time, giving that bothering, or begging from people waiting at the bus
person a criminal record. Another officer in the same situation stop was strictly forbidden. Persons who broke the
might feel that arrest is unnecessary and might use an informal informal rules, especially [the latter], were arrested for
tactic instead. All criminal justice officials, including prosecu- vagrancy. Noisy teenagers were told to keep quiet.2
tors, exercise discretion, but police are the gatekeepers to the This observation captures the essence of police discretion
criminal justice process, and without the decisions they make to more than any formal definition can. Although it is from a study
begin the process, prosecutors and other criminal justice offi- that took place more than 25 years ago, the theme remains the
cials would never have the opportunity to decide the fate of same. Every community has its share of problems and priori-
criminal suspects. ties. Police officers must respond to those priorities and man-
What explains police action—the choices that individual age problems as best they can. Priorities may be assigned by
officers make when faced with varying situations? Is there residents and may have little to do with serious crime. Problems
something about the job that causes police officers to behave may need to be addressed in one way for some people and in
in certain ways? Are there different kinds of officers, and might another way for others. Or, in the case of Kelling’s observa-
differing personalities shed some light on these questions? tions, where a problem occurs—and how it occurs—helps offi-
What about factors other than the officers themselves, such as cers decide on the proper course of action.
the characteristics of the communities they serve? In this chap- Kelling’s observations describe what discretion is, but how
ter, we explore how considerations like these help explain and do we formally define it? Discretion consists of a two-part
even predict police behavior. decision made by a police officer in a particular situation: (1)
George Kelling, known for his “broken windows” perspec- whether to intervene and, if the decision to intervene is made,
tive on crime prevention, once described the observations he (2) how best to intervene.
made while walking with a Newark, New Jersey, police officer Whether to intervene and how to intervene can combine
who was patrolling a neighborhood: into a bewildering array of possible choices. Consider the
As he saw his job, he was to keep an eye on strangers, typical traffic stop. Researchers have identified about 10 dif-
and make certain that the disreputable regulars observed ferent kinds of actions that officers can take once a vehicle
some informal but widely understood rules. Drunks and is stopped (e.g., order the driver out of the car), 7 strategies
addicts could sit on the stoops, but could not lie down. that could be used during the stop (e.g., administer a field
an officer to overlook certain activities. But it can also be neces-
Think About It… sary. There are many occasions when it is simply not practical
or advisable to arrest all suspects. We see this particularly in the
Broken Windows Policing The broken windows theory is war on drugs. Is it advisable to arrest every person caught with a
concerned with targeting low-level offenses and quality-of- modest amount of marijuana for personal consumption? Some
life problems in an effort to prevent more serious crimes readers may feel the answer is yes, but the practical answer
from occurring later. Such is the essence of discretion—a is certainly no. There is just not enough room in jail to arrest
shift in priorities from one set of problems to another. Much everyone who could be arrested. In this sense, police officers
of the most recent research is divided in terms of broken are de facto policy-makers. They decide, in some respects, what
windows’ effectiveness. One sophisticated study found that is and is not right. According to one scholar,
failure to address low-level problems like litter and
unkempt lawns leads to future increases in serious crime. The police are among the most important policy
Another, however, found quite the opposite. Effectiveness makers of our entire society. And they make far more
issues aside, is broken windows policing a good idea? discretionary determinations in individual cases than
Why or why not? Can you think of any unanticipated con- does any other class of administrators; I know of no
sequences associated with a broken windows approach to close second.4
policing?
Classic Studies of Police Discretion

Discretion has been the subject of numerous scholarly exami-
nations of police behavior. We briefly review some of the clas-
Orange Line Media/Shutterstock
sic studies in this section, beginning with the work of William

Westley (see Figure 6–1 for a summary).
Violence and the Police

In 1949, William Westley conducted one of the first studies of
police behavior, in Gary, Indiana.5 He found that socialization
was a critical factor in shaping police behavior; “old-timers”
worked with recruits, teaching them how to take charge of the
situations they were confronted with. He also noted how
recruits would come to be respected by the community if they
capably took charge. Respect was, in his view, the be all and
sobriety test), and 11 exit strategies that could be used (e.g., end all of police work; without it, officers could not do their
arrest). These three factors alone present a total of 770 pos- jobs. Citizen challenges to police authority were regarded as
sible action combinations.3 Deciding whether and how to something that could be responded to with force. While it is
intervene can take an officer in many different directions, and risky for officers in this day and age to respond forcibly to
he or she must be prepared for and trained to handle each one every threat to their authority, in 1949, it was regarded as quite
effectively. acceptable—and necessary.
Another way to conceive of discretion is to consider the Westley was also perhaps the first researcher to call atten-
distinction between the letter of the law and the spirit of the tion to the idea of isolation in police work. That is, he found
law. A police officer who follows the letter of the law issues a that most officers viewed themselves as not having the support
citation for every infraction, no matter how minor, and arrests of the majority of the citizens. They felt the public could not
every criminal suspect for all manner of criminal activity. In be trusted. This, in turn, led officers to develop a tight-knit cul-
contrast, an officer who fol- ture characterized by secrecy and looking out for one another.
Learning Describe police discre- lows the spirit of the law Indeed, nearly every study of police culture since Westley cite
Outcomes tion and its advantages looks at what the law intends this pattern of behavior.
1 and disadvantages. and realizes that, from time
to time, arrests and citations Justice without Trial
may not meet with the law’s Another important classic was Jerome Skolnick’s Justice with-
intent. The reality of policing is that officers frequently must out Trial, first published in 1966.6 The title of Skolnick’s book
make decisions, and often the law and an officer’s decision cor- speaks volumes. It suggests that, in policing, decisions con-
respond, but not always. Indeed, as we will see shortly, the two cerning what to do with suspects can be made with no trial at
can be completely at odds with one another. all—that is, by police officers themselves.
Note that we are not talking about police deviance, which Skolnick also identified the concept of the symbolic assail-
is discussed in this book’s last section. Perhaps it sounds a bit ant. This refers to a person who a police officer thinks is
deviant that a police officer would ignore the letter of the law or potentially dangerous. Perceptions of a person’s relative dan-
let outside considerations enter into his or her decision-making gerousness can come from past experience but also from so-
process. And yes, it can be deviant—and possibly criminal—for called war stories told by other police officers. Factors such as

Brown: Aggressiveness and selectivity used as criteria to identify several type of officers.
Manning: Police manage their image (e.g., with crime statistics).
Muir: Stages of ethical development and types of officers.
Rubinstein: Officers need to establish control; organizational factors shape behavior.
Skolnick: Symbolic assailant: tension between law and order.
Van Maanen: Stages of police socialization.
Westley: Officers experience isolation; socialization is important.
Wilson: Three policing style (watchman, legalistic, and service).
FIGURE 6–1 Summary of Policing Classics.
a person’s behavior, location, race, dress, age, sex, and so forth police an opportunity to make themselves look good in the eyes
can be signals of danger, called danger signifiers. These signi- of the public.
fiers, whether they translate into actual danger or not, are often
perceived as challenges to an officer’s authority that must be Policing Styles
responded to verbally or physically. The fact that some police James Q. Wilson12 identified a number of “policing styles.”13 A
officers, even today, view some groups (e.g., racial minorities) style of policing describes how a particular agency sees its pur-
as more dangerous than others may trace to this socialization pose and chooses the methods it uses to fulfill that purpose.
process revealed in Skolnick’s research. Wilson’s three policing styles—which he does not link to any
Skolnick also focused heavily on how the conflicts of dem- particular historical era—are the watchman (characteristic of
ocratic society can undermine police enforcement of the rule the political era), the legalistic (professional crime fighting of
of law. One of these conflicts is the tension between law and the reform era), and the service (which is becoming more com-
order. We hear both terms used together all the time. There is mon today).
even a television show by the same name. But Skolnick argues Police departments marked by the watchman style are
that law sets forth the rules by which police must abide. Order, concerned mainly with achieving what Wilson calls “order
though, cannot always be accomplished within the limits of maintenance” through control of illegal and disruptive behav-
the law.7 ior. Compared to the legalistic style, the watchman style uses
discretion liberally. Watchman-style departments keep order
Managing Appearances through informal police “intervention,” which may include
Peter Manning, another well-known police scholar, has argued persuasion, threats, or even “roughing up” disruptive people.
that the police have staked out a large and unmanageable Some authors condemn this style of policing, suggesting that it
domain and that their job has an impossible mandate.8 His is typically found in lower- or lower-middle-class communities,
argument is not unlike Skolnick’s: “Because their mandate especially where interpersonal relations include a fair amount
automatically entails mutually contradictory ends—protecting of violence or physical abuse.
both public order and individual rights—the police resort to Departments operating under the legalistic style enforce
managing their public image and the indexes of their accom- the letter of the law. For example, an officer who tickets a per-
plishment.”9 How do police manage their public image? son going 71 miles per hour in a 70-mile-per-hour speed zone
According to Manning, one answer lies in the professionalism may be enforcing the law, but he or she is likely a member of a
movement. He regards professionalism as a strategy employed department that adheres to the legalistic style of policing. Con-
by the police to defend their mandate and enhance organiza- versely, legalistic departments routinely avoid community dis-
tional solidarity and autonomy.10 putes arising from violations of social norms that do not break
Another answer lies in the collection of crime statistics. the law. Police expert Gary Sykes calls this enforcement style
Who collects such statistics? The police, of course, and Man- “laissez-faire policing” in recognition of its hands-off approach
ning argues that this is no accident: “the police have claimed to behaviors that are simply bothersome or inconsiderate of
responsibility for crime control, using the crime rate as an community principles.14
index of their success.”11 This may sound somewhat conspira- In service-oriented departments, which strive to meet the
torial, but it raises the question, How accurately are crime sta- needs of the community and serve its members, the police see
tistics recorded? It is well known that there is much error in themselves more as helpers than as soldiers in a war on crime.
available crime statistics. Another question is, Could statistics This type of department works with social services and other
be manipulated to serve a particular agenda? Of course. The agencies to provide counseling for minor offenders and to assist
old adage, You can prove anything with statistics, is very true. community groups in preventing crimes and solving problems.
Whether there is deliberate manipulation of crime statistics to Prosecutors may support the service style by agreeing not to
serve particular agendas is probably unknowable, but it is at prosecute law violators who seek psychiatric help or who vol-
least possible. In Manning’s view, then, crime statistics give untarily participate in programs like Alcoholics Anonymous,
family counseling, or drug treatment. The service style is sup- The third stage is known as change. This occurs once acad-
ported, in part, by citizens who seek to avoid the embarrassment emy training comes to a close and the officer enters the field.
that might result from a public airing of personal problems, Typically partnered with a training officer, the new hires are
thereby reducing the number of criminal complaints filed, espe- continually tested and evaluated on several criteria. Can they
cially in minor disputes. While the service style of policing may control encounters with suspects? Do they exercise common
seem more appropriate to wealthy communities or small towns, sense? Are they sufficiently careful? Van Maanen also found
it can also exist in cities whose police departments actively seek that the new officers are also continually tested on their abilities
citizen involvement in identifying issues that the police can help to back up other officers, further reinforcing the cultural soli-
address. darity—the “looking out for one another”—that characterizes
police work. This, of course, mandates helping other officers
City Police when they are in trouble.
Jonathan Rubinstein’s City Police stands out as another classic Finally, Van Maanen called the fourth stage continu-
in the annals of law enforcement scholarship.15 Rubinstein, ance. This occurs as officers move through the field training
unlike some of the other scholars we have cited, actually period and come to accept the reality of police work. While
worked as a patrol officer in Philadelphia and was thus in a the potential for danger and excitement remains, much of the
unique position relative to other scholars to report on police romanticized image of the job fades away as officers learn
activity and behavior. His findings echoed Skolnick’s the bureaucratic dimensions of their chosen profession, such
observations concerning officers’ perceptions of danger in their as following orders and completing paperwork. Officers also
jobs. Rubinstein also concluded, however, that of paramount develop a sense of disillusionment insofar as they learn that
concern in any police–citizen encounter is physical control much of the public is unsupportive of what they do and/or has
over the scene. He observed that officers must maintain no clear understanding of what police work is really like. Van
alertness, watch suspects’ hands closely, remain alert to the Maanen found that officers employ a strategy of “lie low and
possible presence of weapons, and stand close to them so that hang loose” to avoid getting in trouble and to make the job
they cannot lash out easily. tolerable.
Wilson emphasized the role of organizational factors in
shaping police behavior. Rubinstein, in contrast, emphasized The Police: Street-Corner Politicians
the officer’s working environment as being most influential. William Ker Muir, Jr., authored another important study, pub-
He found that officers learn various features of the job, such lished in 1977. Its title, Police: Streetcorner Politicians,17 like
as what is and is not important, who is and is not a possible Skolnick’s Justice without Trial, speaks volumes. Muir identi-
threat, and so forth, from their veteran peers. In short, fied two dimensions of police ethical development: perspective
Rubinstein concluded that socialization, the process of being (the extent to which an officer understands human suffering
influenced by others around them, shapes police behavior and is inclined to show compassion) and passion (how comfort-
more than other factors, such as organizational structure or able the officer is in using coercive means to carry out his or her
managerial preferences. responsibilities). Then, based on these dimensions, he identi-
fied four types of officers. First are the professional-style offi-
The “Making of Policemen” cers, those who are both compassionate and comfortable using
In 1973, Van Maanen published Observations on the Making of their authority when the need arises. Enforcers, who use force
Policemen, one of the first studies of police socialization as it whenever the opportunity arises, lack the compassion that goes
plays out in the academy.16 He, like Rubinstein, immersed along with the professional-style officers. Reciprocators, the
himself in his object of study by going through the academy third type of officers, are compassionate and somewhat uncom-
and serving as a police officer for a period of time in Califor- fortable with their authority role. These officers use communi-
nia. He identified four stages by which recruits are socialized cation to defuse volatile situations and avoid using force unless
into the police department. The first stage is the preentry it is absolutely necessary. Finally, avoiders, not surprisingly, are
choice, which Van Maanen explained sets police recruits apart officers who avoid using force. Interestingly, though, they are
from applicants for other careers. He found that those who also devoid of compassion. These are officers who do as little
aspire to a career in policing are attracted to the job out of a as possible to maintain their positions and avoid risk-taking
view that it is an elite occupation and that it affords one an behavior.
opportunity to do something important for society, such as
serve people. Working the Street
Van Maanen’s second stage is called admittance, where the One of the classics aimed specifically at police discretion is
recruit enters the academy, where he or she learns the impor- Michael Brown’s Working the Street: Police Discretion, pub-
tance of abiding by the rules and regulations of the department. lished in 1981. His was a study of three policing styles found in
As remains true today, recruits live in a military-like environ- three different southern California cities. Like Muir, Brown
ment resembling a boot camp, study hard, and are punished for identified various officer types that depended, in his view, on
violating the rules. They are also regaled with war stories from their aggressiveness and selectivity. Aggressiveness, Brown
seasoned officers that serve more than an entertainment func- says, refers to officers’ willingness to actively seek out prob-
tion; they inform trainees about the values of their job, of stick- lems. Selectivity is the extent to which officers are concerned
ing together, and of what it means to be a “good” cop. only with serious crime problems.

Using these two variables, Brown identified four police public safety and minimizing injuries to innocent third par-
styles. Old-style crime fighters are aggressive officers who ties. Policies restricting the use of deadly force also limit what
concentrate on serious felony-type crimes. These are also the officers can do in terms of apprehending resistant suspects. In
officers who use coercion and are inclined to bend the rules to fact, the bulk of a police department’s policy manual is aimed
obtain the best results. Next, clean-beat crime fighters empha- at telling officers what they can and cannot do. When discre-
size following proper police procedures. These officers are pro- tion runs amok, things can go wrong—resulting in needless
active but also follow the letter of the law. Service-style officers injury or death, civil litigation, and other problems.
generally avoid coercion and aggression while focusing on the
most serious problems. They also avoid enforcement unless a
crime is sufficiently serious to warrant it. Finally, professional- Discretion and Seniority
style officers are neither overly aggressive nor selective. Muir We have been discussing discretion as though it were used in the
used the term professional for this officer because this is how he same manner by officers of all ranks. Nothing could be further
hoped the typical officer would be. Such officers enforce the law from the truth. There is, as University of Nevada (Reno) profes-
when necessary but aren’t out to “get” any particular types of sor Ken Peak has observed, an inverse relationship between dis-
offenders, nor do they seek out trouble simply for the thrill of it. cretion and seniority.19 As an officer’s rank increases, he or she
is able to make fewer discretionary decisions. How is this so?
The officer on the street has the greatest authority to decide who
The Pros and Cons of Police Discretion to arrest, pursue, stop, and so forth. The discretion of chiefs of
One of the clear advantages associated with police discretion is police and other high-level administrators, in contrast, is limited
that it gives law enforcement officers a measure of job satisfac- by two factors. First, they do less ordinary police work, thus
tion. Indeed, research reveals that job satisfaction improves limiting the number of occasions when they may be able to
with job conditions like autonomy.18 Autonomy and discretion- employ discretion as we have defined it. Second, administrators
ary decision making go hand in hand. Discretion is also advan- tend to be limited by budget constraints, union pressures, gov-
tageous because without it, the wheels of justice would grind to erning boards, influential politicians, and others. In deciding
a halt. The system is just not equipped to deal with the massive who to hire, for instance, the chief (or whoever makes this deci-
influx of people that would result if officers arrested every sion) must be cognizant of diversity issues. This limits the pool
identifiable lawbreaker. On a related note, discretion allows of prospective officers to some extent.
officers to treat each situation differently in accordance with This is not to say that administrators can’t make decisions
realistic goals and humanitarian principles (Figure 6–2). Some on their own or think outside the box. They do, but in different
people favor “throwing the book” at every offender, but for ways than patrol officers. For example, since money is often
those who favor mercy from time to time, police discretion is in short supply in some agencies, top executives have to act
the best solution. creatively to drum up needed revenue. The chief who sells
The negative aspects of police discretion probably out- advertising space on his department’s cruisers (and some have)
weigh the positive ones, mainly because the public’s atten- may be seen as a creative, forward-thinking, entrepreneurial
tion is drawn to discretionary decisions when something manager. Others might regard this as unethical behavior and
goes wrong. Incidents of police abuse and corruption gen- criticize the chief for pandering to certain interests, such as the
erally lead people to call for reforms aimed at reining in owners of the business who buy the space. Either way, the ini-
police behavior. For example, many police departments tial decision to sell the advertising space is a discretionary one.
have adopted policies restricting pursuit driving. These are It is safe to say, then, that while an administrative position limits
intended to limit officer discretion in the name of preserving one’s discretionary latitude, it certainly opens the door to new
Pros Cons
Promotes job satisfaction Potential for abuse
Promotes autonomy Potential for corruption
Necessary for criminal justice system efficiency Potential for needless death/injury (for example,
if no pursuit-driving policy)
Promotes realistic goals
Possible citizen complaints of unequal treatment
Promotes humanitarian principles
Possible litigation when things go awry
FIGURE 6–2 The Pros and Cons of Police Discretion.
types of decisions that the beat cop or frontline officer ordinar- Community policing may be creating suborganizations
ily does not get to make. within specific police departments. Ask a special weapons and
tactics (SWAT) or narcotics officer in any large urban police
department what he or she thinks of the officers who work in
the community policing division. Some will answer that those
▶ Explaining Police Behavior officers are somewhat different; some may even say that they
Police behavior can be explained from either a universalistic are not doing real police work. The point is that, tradition-
perspective or a particularistic perspective. The universalis- ally, organizational factors may have led to similarities among
tic perspective is simply the view that all police officers are all officers. It is quite probable that all of this is changing in
similar and that they exhibit some of the same characteristics contemporary policing and that a particularistic perspective is
and behavior patterns. The particularistic perspective, in con- starting to take hold.
trast, considers how individual officers differ from one
another. Similarly, we can ask whether law enforcement offi-
cers behave the way they do because of personal values and The Particularistic Perspective
patterns of behavior they have acquired through socialization The particularistic perspective is concerned with how specific
and introduction into police subculture or because of indi- officers differ from one another. We just suggested that narcot-
vidual predispositions toward certain ways of thinking and ics officers may be (and almost certainly are) different in a
acting. number of respects from
Learning Differentiate between
community police officers, Outcomes the universalistic and
The Universalistic Perspective

although there are some offi- 2 particularistic per-
cers who work both assign- spectives on police
To say that all police officers are similar in some respects ments at some point in their behavior.
requires some attention to sociology, psychology, and organiza- careers.
tional theory. Sociology, in this case, is concerned with the Studies of police culture and personality point to a number
influence of peers and coworkers. Psychology is concerned of characteristics that police officers share, including suspi-
with whether there is a distinct police personality. Organiza- ciousness, cynicism, loyalty to colleagues, and pessimism. Par-
tional factors can influence police behavior as well. ticularistic perspectives, however, suggest that there is no one
Police officers are selected and trained in a very unique personality or set of traits that typifies all police officers. Robert
environment.20 It is unlike that found in almost any other occu- Worden has identified five attitudinal dimensions that can be
pation. Academy training indoctrinates recruits into the world used to explain differences among individual police officers.
of policing and teaches trainees to view others in a particular They include role orientations, perceptions of legal restrictions,
way (i.e., with a measure of suspicion). The sociological per- perceptions of citizen respect and cooperation, perceptions of
spective is also important from a demographic standpoint. To legal institutions, and views on selective enforcement.22 Each is
this day, the typical police officer is a white male. Women and discussed in the following sections.
minorities have made great strides in terms of gaining repre-
sentation in the law enforcement profession, but they are not Role Orientations
represented in the profession in accordance with their numbers Role orientation refers to an officer’s individual conception of
in the population as a whole. Research reveals that female offi- what constitutes proper and good police work. As might be
cers are socialized to adapt to a largely male-dominated work expected, police officers differ in this regard. As Worden
environment.21 In other words, traditional police training (in the observes, “Some officers believe that the police role is defined
academy and on the job) has encouraged female recruits to act wholly by the mandate to fight crime and enforce the law; they
in a masculine fashion. believe in the utility of an aggressive style of patrol, and they
Does policing draw a particular personality type? If so, regard order maintenance and service tasks with distaste.”23 At
this is an example of how psychological factors may yield the other extreme are officers who favor a broader police role
common bonds among police officers. There is surprisingly that includes more than crime fighting. Some officers see order
little research on what types of personalities are drawn to maintenance and service provision as higher callings than
police work. Much more accepted is the view that socializa- crime control and see themselves as positive rather than nega-
tion is more influential than any degree of predisposition. Not tive influences on people’s lives.24
everyone agrees, however, so we will revisit the predisposi- The officer who views his or her role as consisting mainly
tion versus socialization issue shortly. It is the law enforcement of crime control will be inclined to behave in a manner con-
equivalent of the nature-versus-nurture argument that plays out sistent with that view. This might translate into frequent stops
in the criminology literature and elsewhere in human develop- of suspicious individuals, punitive responses to disputes (e.g.,
ment studies. arresting the parties to a domestic dispute rather than counsel-
In addition, there are organizational factors that make all ing them), and zealous criminal investigations. Because these
officers alike. The quasi-military structure of most police agen- officers see crime control as most important, “minor disputes
cies requires a certain pattern of behavior among all employees. fall outside of their definition of police responsibilities, and
Everything from chain of command to rules of dress ensures more serious disputes are police business only insofar as they
that one officer closely resembles the other officers. constitute crimes.”25 Officers with this narrow role orientation

would not have an interest in mediating disputes to settle them officer who works closely with citizens in a positive sense.
verbally instead of with force or by arresting someone. By con- Other officers sometimes feel that they are held in somewhat
trast, officers who see themselves as having a broad role ori- low regard by citizens, and still others feel—rightly much of
entation will use an approach that best serves the needs of the the time—that they enjoy little respect and are viewed with
people they serve. nothing short of hostility and animosity.
Perceptions of Legal Restrictions Perceptions of Other Legal Institutions

All police officers are bound by various legal requirements, Law enforcement is an institution, not unlike a religion. As an
whether they agree with them or not. This does not mean, how- institution, it views itself somewhat differently, perhaps, than
ever, that they necessarily like operating under these legal limi- other institutions. Police officers themselves have their own
tations. In fact, there are clear differences among police officers divergent perceptions of legal institutions. Consider the courts,
in terms of their perceptions of legal restrictions. Some officers for example. Some officers view the courts as supportive and
have total respect for the law, for department policy, and for the helpful. Others regard them as being soft on crime or totally out
influence of the courts on their duties. These officers may be of touch with the realities of police work. In a recent case, for
the exception,26 however. According to Worden, “The stereo- example, the U.S. Supreme Court decided that it is not uncon-
typical police officer chafes under due process provisions in the stitutional for a police officer to arrest someone for a traffic
single-minded pursuit of criminal offenders. This officer bit- violation.29 While police officers generally applauded this clar-
terly resents legal and departmental restrictions concerning ification (and seeming expansion) of their powers, the decision
search and seizure, interrogation, and the use of force.”27 did not change police work very much. It does not mean that
An officer’s perceptions of legal restrictions may also be the police will begin an aggressive campaign of arresting peo-
indicative of his or her overall ideological stance. For example for not wearing their seat belts. Police agencies have bigger
ple, some officers may occasionally bend the rules when it fish to fry. Decisions like this, then, seem to officers to be con-
comes to accosting pedestrians or stopping motorists. If the cerned with legal minutia and do little to help the police on a
justification for doing so is not in place in advance, these offi- practical level. Officers’ perceptions of courts can be extended
cers may fabricate a reason to justify their actions in hind- to include attitudes toward judges and prosecutors as well.30
sight. This resembles a conservative law-and-order mentality Some officers are more proactive in their duties than others.
with a clear focus on crime control in lieu of due process. This may also owe to their perceptions of other criminal justice
Indeed, studies of on-the-job performance have revealed institutions—including even prisons. If an officer feels that the
numerous examples of this behavior.28 At the other extreme, prosecutor will reject his or her case, that the judge will hand
of course, are officers who both are cognizant of and strictly down a lenient decision, or that there is not enough room in the
adhere to legal restrictions. local jail or nearby prison, it may influence the arrest decision.
Research on traffic enforcement makes this clearer. Forty years
Perceptions of Citizen Support and Respect ago, J. A. Gardiner set out to explain why police in one city
If a suspect physically resists police intervention, the officer issued more traffic tickets than their counterparts in a nearby
will surely respond in kind—that is, uncooperative suspects city. He traced this to the fact that the first city did not require
will be dealt with accordingly. We will see some more evidence its officers to appear in court until after a not guilty plea was
of this toward the end of the chapter. For now, it is also impor- entered.31 This suggests a degree of collaboration between the
tant to note that there are differences among police officers in police and the court that influenced police behavior. In contrast,
terms of their perceptions of citizen respect and cooperation. the officers in the other city, where the court was not as sup-
Some officers think that the public is mostly supportive. It portive of their efforts, were inclined to make fewer traffic stops
would be easy to get this sense if one is a recruiter, a Drug because it would be a burden. (See Table 6–1 for a summary of
Abuse Resistance Education (DARE) program officer, or an the discussion in this section.)
The Universalistic Versus Particularistic Perspective

Table 6–1 on Police Behavior
Universalistic Perspective Particularistic Perspective
Officers are socialized. Officers take on different role orientations.
Officers are psychologically similar. Officers act differently based on legal restrictions.
Police organizations force all officers to act similarly. Officers act differently based on their perceptions of citizens.
Officers act differently based on their views of the criminal justice system. Officers act differently based on their views of certain laws.
Source: Based on R. Roberg, K. Novak, and G. Cordner, “The universalistic versus the particularistic,” in Police and society, 3rd ed. (New York: Oxford University Press,
2005), pp. 272–74.
Explaining Police Behavior 99

Views on Selective Enforcement before they even enter the force.36 Chances are, though, that
Research reveals—and common sense suggests—that police there is a mix of predisposition and socialization that actually
officers also vary in terms of their selectivity—that is, their takes place (see Figure 6–3).
willingness to enforce the law.32 In the case of a murder, few
would argue that any officer would not want to arrest the perpe-
trator. But what of less serious offenses like public intoxication,
prostitution, and vagrancy? Do all officers enforce laws against
▶ Police Decision Making
these behaviors equally? Of course not. To the extent that selec- Scores of researchers have sought to identify predictors
tivity varies among individual police officers, it is reasonable to of police decision making. We can place their findings into
conclude that this could affect their decisions in any number of four general categories: organizational factors, neighborhood
disputes: factors, situational factors,
and individual officer charac- Learning Describe the factors
Officers who believe that they should be selective in teristics. Within each of these Outcomes that affect police
enforcing the law might be expected seldom to invoke categories are several subcat- 3 decision making.
the law in resolving disputes and instead avail them- egories, which we explore in
selves of informal methods; officers who are non- this section.
selective might be expected to make arrests more
frequently and to adopt extra-legal strategies less fre-
quently.33
Organizational Factors
The organization for which an officer works can shape his or
Socialization or Predisposition? her decision-making patterns. The bureaucratic structure of the
We earlier raised the question of whether law enforcement offi- typical police organization requires that its employees jump
cers are socialized into the perspectives they hold or whether through certain hoops. Whether they like it or not, officers must
they bring with them certain predispositions in terms of their follow the rules. This is true of any organization; people must
values and behavior. Although some are more susceptible to follow the rules or else risk losing their job.
peer influence and pressure than others, it would be impossible
for any officer to completely ignore his or her colleagues, supe- Bureaucratic Structure
riors, and instructors. The typical police department adheres to a fairly rigid
There has been a renewed interest in the suggestion that bureaucratic model of administration. This is done primarily
officers bring certain predispositions into the policing pro- to guide employee behavior and to direct and control it. 37
fession. Research has for decades backed up this point.34 Part of this is accomplished through written policies. Policy
Research also reveals that those who enter law enforcement manuals seek to control police decision making, such as pur-
believe in the importance of authority and seek fulfillment in suit or arrest decisions.
their careers. A more recent study confirms these findings, Several researchers have criticized the bureaucratic control
leading the authors to conclude that “individual value systems principle. Proponents of the community policing movement
are more important than occupational socialization.”35 This suggest that there may be a better way to run police depart-
means that police officers’ values are somewhat entrenched ments, such as by decentralizing them and giving line officers
Socialization Predisposition
Police officers are socialized formally and Recently, there has been renewed interest in
informally into their occupations. whether police officers are somehow predisposed
Formal socialization usually plays out in the either to accept a law enforcement position or to
academy and during the field training period. act a certain way once employed.
Informal socialization results from the new hires’ Research study findings suggest that police
interactions with seasoned officers and their officers’ values are somewhat entrenched before
colleagues. they even enter the force.
Most likely it is a mix of socialization and predisposition

that determine officers’ values and behaviors.
FIGURE 6–3 Socialization or Predisposition.

more latitude in their decision making. More than one researcher efforts on those problems because failure to address quality-of-
has argued, for instance, that written policy manuals do little to life matters like these will surely invite serious crime. The bro-
affect the quality of police service.38 ken windows theory thus provides another illustration of how
neighborhood conditions can affect police strategies, decisions,
Beats and Scheduling and discretion.
An officer’s beat can also influence his or her behavior. In Racial Composition and Heterogeneity
general, the larger the patrol beat, the more impersonal the
Several researchers have looked at neighborhood racial compo-
relationship will be between officers and citizens.39 In con-
sition and its effects on police decision making. Findings reveal
trast, officers who patrol relatively smaller areas, such as small
a greater demand for police services in minority-dominated
towns, tend to adopt more of a service orientation in their
neighborhoods.46 This, some have argued, has been due to a
daily activities.40 This does not mean, however, that all small
greater number of incidents as well as “a belief in the appropri-
areas will see a service style of policing. Some officers work
ateness of calling the police.” 47 The relationship between
dangerous beats in high-crime downtown areas on bicycle or
neighborhood racial composition and police activity can also be
on foot. In these places, an enforcement stance may prevail
understood in terms of the police being more suspicious and
over a service orientation. Somewhat related to this is the find-
alert in such neighborhoods.48
ing that officers in larger departments are less prone to making
Although it is not clear why research also suggests that the
arrests for drunk driving than their counterparts in smaller
police are more active in neighborhoods characterized by exten-
agencies.41
sive racial heterogeneity.49 Heterogeneous neighborhoods are
We all know that work can get boring, especially if it is
those with ethnic or racial diversity.
routine, totally predictable, and unchanging. This extends to
policing, too, but not necessarily in the way one would expect. Socioeconomic Status
Researchers have found that police departments that routinely
Minority-dominated neighborhoods also tend to be compara-
rotate their officers into different beats, units, or shifts affect the
tively less well-off. Numerous studies back this up and also
relationships between their officers and citizens. In particular,
show that police tend to make more arrests in poorer areas.50
frequent rotation puts distance between officers and the people
Interestingly, research also reveals that police are more likely
they serve.42 This has been called “stranger policing,”43 and it
to listen to a request for arrest in wealthier neighborhoods. For
is not unlike what occurs when a person frequently moves from
example, if one of the parties to a domestic dispute insists that
one city or state to the next; it becomes difficult to form close
an officer not make an arrest, the officer would apparently be
relationships.
more inclined to listen to a wealthy person’s views on this
When a police officer routinely works the same beat, he
subject than a poor person’s. This is assuming, of course, that
or she can come to form close relationships with citizens. As
the officer’s department does not follow a mandatory arrest
one researcher puts it, “An officer’s continued presence in
policy.
a neighborhood increases the likelihood of repeated contact
with citizens and helps officers develop empathy through an Crime
understanding of problems.”44 In fact, research also reveals
Informed readers know that racial composition, socioeconomic
that officers who routinely patrol the same area develop a sense
status, and crime go hand in hand. There is more crime where
of obligation to the area and even a desire to be protective of
there are more people. Conversely, there is much less crime in
it. This has been called the territorial imperative,45 and police
rich areas. It should be no surprise, then, to find that police
departments appear to be taking advantage of it.
make more arrests in densely populated, poor, and high-crime
areas. Where there is no crime, there is little need to make
arrests. But there are some mixed findings in this area. For
Neighborhood Factors example, at least one author has argued that where crime is
Police officers who patrol America’s affluent communities common, this may stretch police resources, forcing them to
rarely encounter problems. They often enjoy good relation- respond less vigorously than they otherwise would.51 At the
ships with the vast majority of the law-abiding citizens they least, extensive research reveals that neighborhood crime rates
see daily. Then there are the officers who patrol the worst can influence officer attitudes.52
run-down neighborhoods, which are plagued by drug prob-
lems, gang violence, and serious crime. These officers are
regarded with suspicion, insulted, and even shot at periodi- Situational Factors
cally. It is easy to understand why the nature of the neighbor- Every police–citizen encounter is different. Some occur behind
hood that an officer patrols has some effect on his or her closed doors, such as when an arrest warrant is served in a pri-
behavior. vate residence. Others occur in full view of bystanders and even
Consider, again, the broken windows theory. It argues for cameras. Some suspects are docile and cooperative; others put
a certain type of law enforcement, depending on the problems up a fight. Offenses vary, too. A person facing the prospect of
a particular neighborhood faces. James Q. Wilson and George life in prison for his or her third violent felony may have little to
L. Kelling argue that if signs of physical and social disorder lose if he or she resists arrest, but the juvenile who is arrested
affect a neighborhood, then officers should concentrate their for the first time may not cause any trouble. Even the means by

One of the research problems in this area concerns the
Think About It… proper measurement of suspect demeanor. Many researchers
have measured demeanor in terms of criminal activity (e.g.,
Mandatory Arrests for Domestic Violence In response assaulting the arresting officer), but one researcher found that
to the problem of domestic violence, some police agen- legal forms of resistance (such as insulting the officer) did not
cies have implemented mandatory arrest policies. The lead to a higher probability of arrest.57 Not everyone is in agree-
logic behind these policies is simple: By removing one of ment with these findings, however.58
the parties from the scene through an arrest, the prob- It is important to note that we are looking at all these predic-
lem stops—at least in the short term. The question, how- tors of police decision making in isolation. In reality, these fac-
ever, is whether mandatory arrest has long-term tors occur together. Race combined with demeanor may have
consequences. The issue is important because of its rel- a stronger influence on an officer’s decision. Socioeconomic
evance to police discretion. Does mandatory arrest go status may interact with the crime rate—and even race—and
“too far” in terms of restricting officer discretion? If so, also exert a substantial influence.
explain. If not, in what other areas may it be beneficial Suspect demographic characteristics, notably race, gender,
to limit police discretion? and age, have also been shown to influence police decision
making. The effects of race are consistent with the neighbor-
hood factors we have already touched on: Minorities tend to be
treated differently from whites.59 “Some researchers contend
Amelie-Benoist/BSIP SA/Alamy that this situation is the result of the fact that African-Ameri-
cans, and possibly other minorities, may be more likely to resist
police authority or display a ‘bad’ attitude or outright hostility,
from an officer’s point of view.”60 One recent study reveals,
interestingly, that race is more important in shaping an officer’s
level of suspicion toward someone than his or her initial deci-
Stock Photo
sion to stop or arrest the person.61

Consider racial profiling. Although it is difficult to measure
accurately whether profiling actually occurs, many believe it is
rampant, and at least a few studies support such claims.62 To the
extent that profiling occurs, it provides perhaps the clearest evi-
dence that race can influence officer’s decision making. But is
that because police officers are racially biased? Is it misguided
which the police arrive at the scene can have an effect on the stereotyping, or is it just good policing? The answers to these
outcome of the situation. The point is that situational factors, in questions remain somewhat elusive. Some law enforcement
addition to community-level factors, can influence an officer’s officials say more minorities appear to be stopped because they
decision making. are where crime is; civil libertarians argue otherwise.
Gender has also been considered as a possible predictor
Scene and Suspects of police decision making, although researchers have not been
Whether an officer arrives at the scene on his or her initiative or drawn to it as much as race. Who is more likely to be arrested,
as a result of a call is the first important factor in determining men or women? At least one study reveals, not too surprisingly,
how the officer will act. As might be expected, if someone calls that women are less likely to be arrested than men, particularly
the police, it generally means that the person wants officers when they display ladylike characteristics or behaviors.63 In
there. In contrast, if officers initiate contact with people on their contrast, when women step outside the bounds of what is con-
own, such as by engaging in preventive patrol, the contacts can sidered proper behavior, they are arrested more often.
be somewhat more antagonistic. Moreover, police are more Controversially, some researchers have studied police
likely to make arrests and treat people harshly in the second sexual violence, finding that it may be more common
situation.53 than once expected.64 Others have explained this as resulting
Research has also cited examples of retaliation by officers from the greater opportunities (e.g., isolation from others, such
who feel offended by a suspect’s behavior. For example, people as during a traffic stop) and the power and authority of police
who are not respectful to an officer during a traffic encounter work. Indeed, some researchers have even found that attrac-
receive more traffic citations than those who show respect.54 tive women are more likely to be stopped for traffic violations,
This also extends to other types of police–citizen encounters. In mainly so that the officer can make personal contact.65
fact, the evidence is very clear that suspect demeanor is one of Finally, the suspect’s age may be associated with police
the most significant predictors of police behavior: Disrespect- decision making as well. In general, young people tend to be
ful and uncooperative people are more likely to be arrested or rebellious and thus disrespectful toward police. The research
cited.55 Even studies on police corruption and brutality reveal bears this out,66 particularly as it influences officer behavior.
that both occur more often when a lack of respect is displayed Also, younger people are more likely than older people to be
toward the officer.56 arrested or dealt with harshly.67 This may create a two-way

relationship—that is, if young people are dealt with more o utside this scenario to any other high-profile public contact
harshly because they are disrespectful, then disrespect may be between a police officer and a citizen. Officers know in these
exacerbated by the fact that young people are treated harshly.68 moments that they must be careful to follow proper policy to
Of course, these are generalizations. There are different types avoid complaints, litigation, and so forth. Alternatively, when
of officers out there, as we have already made clear. Research police–citizen contacts take place behind closed doors or out of
reveals, in fact, that community police officers may be more public view, there is more of an opportunity to treat the matter
inclined than their traditional counterparts to deal with young informally.
people informally.69
Bystanders
Relationships between Parties Closely related to the public–private distinction is the issue of
The evening news makes it appear as though most crime is vio- whether bystanders are present. Bystanders are, of course, more
lent and that it occurs between strangers. Neither is correct. likely to be present in public places. Thus, when they are under
Most crime is nonviolent, and much of it occurs between peo- citizen scrutiny, officers will act differently than when they are
ple who know each other to some extent. When thinking about not. A different sort of situation arises when the observers are
police decision making, it is also important to consider the rela- other police officers, in which case an officer’s decision making
tionship between both parties to the incident: victims and will likely be influenced differently. The motivation to look
offenders. If two people know each other, does it always make good in the eyes of one’s peers, for instance, may prompt an
sense to arrest one of the parties when, perhaps, the matter officer to act differently than he or she would otherwise behave.
could be settled informally? The answer is often no. Several Researchers have found that officers who work together, as
studies reveal that as relational distance between the parties opposed to alone, are sometimes more prone to make arrests or
increases, arrest is more likely.70 Research also reveals that to treat citizens harshly.73 The combination of working in pub-
when the victim prefers that no arrest be made, officers are lic and having bystanders present can have a profound influ-
often influenced by such sentiments.71 ence on police decision making.
Offense Seriousness
For obvious reasons, the seriousness of the offense will bear Individual Officer Characteristics
significantly on officer behavior. A serious crime, such as
a homicide, will surely result in an arrest if a suspect is Thus far, we have focused only on how neighborhood and situ-
identified and located. Minor offenses and infractions ational factors affect officers’ decisions. What about the offi-
are more often dealt with informally, perhaps with just a cers themselves? How do differences among them affect their
warning. An interesting question has arisen in this context, decision making? A number of individual officer characteristics
however. Do police officers make more arrests in cases of have been linked to police decision making. These include fac-
serious crime simply because the crime is serious, or is tors such as education, age, experience, gender, ambition, and
something else at work? The answer lies in what constitutes attitude toward the job.
proper legal justification, or probable cause, to make an
arrest. Probable cause is more likely to be present in cases of Education, Age, and Experience
serious crime, especially violent crime, because there may be Does a well-educated officer act differently than, say, an offi-
signs of physical injury, a weapon that can be located, wit- cer with just a high school diploma? Unfortunately, research-
ness accounts, and so forth. In contrast, minor offenses like ers have yet to determine whether education affects an
shoplifting a trivial amount of merchandise may be more dif- officer’s decision to behave one way over another. The same
ficult to prove, thus making it harder for an officer to justify can be said of age and experience, which tend to go hand in
an arrest.72 hand.
Younger officers are generally more aggressive and may
Location work harder than their older counterparts, but seasoned officers
Consider this hypothetical scenario. An officer stops a motorist may be “better” at their jobs, meaning the quality of their work
for drunk driving. He then administers a field sobriety test in could be higher.74
broad daylight in view of several pedestrians. The driver has
apparent difficulty passing the exam, but the officer lets her Gender
drive away. Would this happen? Certainly not, for two reasons. Few researchers have looked recently at gender as a possible
First, it would be dangerous to allow an intoxicated motorist to predictor of police decision making. Some studies from the late
drive off. It would also be against department rules for a police 1980s, when women were first beginning to gain a significant
officer to allow a visibly intoxicated motorist to drive home on presence in law enforcement, revealed that female officers tend
her own. Second, the presence of bystanders would make it to act less aggressively than their male counterparts.75 On the
even more controversial to send the motorist on her way. The whole, women tend to be less aggressive than men, which prob-
location of this incident in plain view of other people would be ably explains the differences in their decision making in the law
sure to influence the officer’s decision to some extent. Step enforcement context.

Ambition and Attitudes Researchers have found that an officer’s perception of commu-
An officer’s ambition can clearly affect his or her decision making. nity policing can affect his or her arrest patterns.77 In general,
One study revealed, for example, that officers who made the most officers who view community policing favorably tend to be
arrests felt they needed to do so in order to gain a promotion.76 more selective in their arrest decisions. Circumstances, prefer-
Some of the officers who made more than their share of arrests ences, and neighborhood characteristics can call for an interven-
were also motivated by the possibility of making more money from tion other than arrest. Figure 6–4 summarizes the explanations
the overtime they needed to work to process all of their arrestees. of police decision making discussed in this section.
Attitudes toward the job, particularly toward different types
of police work, have also been linked to decision making.
Organizational Factors Neighborhood Factors

bureaucratic racial composition, heterogeneity,
structure, beat, scheduling socioeconomic status, crime rate
Police
Decision
Making
Situational Factors
reason for arriving at scene,
Officer Factors suspect demeanor, suspect age,
education, age, experience, suspect race, suspect sex,
gender, ambition, attitudes suspect mental status, relationship
between parties, location, presence
or absence of bystanders
FIGURE 6–4 Factors Affecting Police Decision Making.

THE CASE
Depolicing and Rising Crime
This chapter began with a discussion of the “Ferguson effect,” or
the idea that less aggressive policing in the wake of widespread
civil protests may embolden criminals and lead to higher rates
of crime. In October 2015, FBI director, James B. Comey, spoke
at the University of Chicago Law School and gave additional
support for the belief that “depolicing” is contributing to
rising crime.78
Keith Srakocic/AP Images

Comey began by noting that violent crime rates have been
trending up in major cities across the country. He offered vari-
ous reasons as to why that’s happening, but then he added:
“Nobody says it on the record, nobody says it in public, but
police and elected officials are quietly saying it to themselves.
And they’re saying it to me, and I’m going to say it to you. And it
is the one explanation that does explain the calendar and the FBI Director James B. Comey, speaking at the University of Chicago
map and that makes the most sense to me. Maybe something Law School in 2015. What is depolicing?
in policing has changed.”
Comey went on to ask: “In today’s YouTube world, are officers
reluctant to get out of their cars and do the work that controls
violent crime? Are officers answering 911 calls but avoiding the have a strong sense that . . . a chill wind that has blown through
informal contact that keeps bad guys from standing around, American law enforcement . . .”
especially with guns?” He continued, “I spoke to officers pri- He concluded his talk by saying: “Lives are saved when . . .
vately in one big city precinct who described being surrounded potential killers are confronted by a police officer, a strong
by young people with mobile phone cameras held high, taunt- police presence and actual, honest-to-goodness, up-close
ing them the moment they get out of their cars. They told me, ‘What are you guys doing on this corner at 1 o’clock in the
‘We feel like we’re under siege and we don’t feel much like get- morning’ policing.’”
ting out of our cars.’” We need to be careful, the FBI director said, that good policing
The question, Comey said, “is whether these kinds of things are “doesn’t drift away from us in the age of viral videos, or there
changing police behavior all over the country.” His answer? “I do will be profound consequences.”
This story raises several interesting questions:

1. Is Director Comey right? Has a “chill wind” blown through American law enforcement in recent years?
2. What sort of a “chill wind” is Comey talking about?
3. Some say that close scrutiny of law enforcement activities and practices is a positive force for change, and that it will
produce better enforcement efforts—ones that are in close keeping with the civil rights of all citizens. Do you agree?

C hapte r 6 Police Discretion and Behavior
Learning Describe police discretion and its advantages 1. What is police discretion? Is it beneficial or harmful?
Outcomes and disadvantages. Explain your response.
1 Police discretion is the latitude an officer has 2. What experiences in a police officer’s background are
in making the decision to act one way instead likely to influence his or her discretionary decisions?
of another. Discretion is helpful because the police cannot 3. Should police discretion be limited? If so, how?
be everywhere and arrest every offender. It is risky
because it can lead to unequal treatment, favoritism, and
even corruption.
Learning Differentiate between the universalistic 2. Which do you believe is more important in predicting
Outcomes and particularistic perspectives on police police behavior: socialization or predisposition?
2 behavior. 3. What kinds of personalities are most likely to be
Police behavior can be perceived as being attracted to police work?
either universalistic (all officers share some of the same universalistic perspective The view that all police officers are similar and
characteristics and attitudes) or particularistic (officers dif- that they exhibit some of the same characteristics and behavior patterns.
fer from one another in various respects). It is likely that
particularistic perspective The view that individual officers differ from
officers are socialized to behave in certain ways (the
one another in various ways, including values, role orientation, and pre-
socialization perspective), but there is also evidence that
ferred styles of policing.
policing attracts a certain kind of person (the predisposi-
tion perspective).
1. What are the differences between the universalistic
and particularistic perspectives on police behavior?
Learning Describe the factors that affect police deci- influence officer’s decision making include the officer’s
Outcomes sion making. education, age, experience, gender, ambition, and attitudes
3 Police decision making can be understood in toward the job.
terms of (1) organizational factors, (2) neigh- 1. What organizational factors have been identified as
borhood factors, (3) situational factors, and (4) individual possible predictors of police decision making?
officer characteristics. Organizational factors that can influ- 2. What neighborhood factors have been identified as
ence officer’s decision making include the bureaucratic possible predictors of police decision making?
structure of an agency, beats, and scheduling. Neighbor-
hood factors include racial composition, heterogeneity, 3. What situational factors have been identified as possi-
socioeconomic status, and crime. Situational factors ble predictors of police decision making?
include the reason the officer arrives at the scene (on his 4. What individual characteristics have been identified as
or her initiative or following a call for assistance), the sus- possible predictors of police decision making?
pect’s demeanor and demographic characteristics, the rela- territorial imperative The sense of obligation, even protectiveness, that
tionship between the parties, the seriousness of the develops in officers who routinely patrol the same area.
offense, the location of the contact, and the presence or
absence of bystanders. Individual characteristics that can

References
1 Jon Schuppe, “As violence spikes in some cities, is 20 D. Black, The manners and customs of the police
‘Ferguson effect’ to blame?,” NBC News, June 2, 2015, (New York: Academic Press, 1980).
http://www.nbcnews.com/news/us-news/violence- 21 S. E. Martin, Breaking and entering: Policewomen on
spikes-some-cities-ferguson-effect-blame-n368526 patrol (Berkeley: University of California Press, 1980).
(accessed March 16, 2016). 22 R. Worden, “Situational and attitudinal explanations of
2 J. Q. Wilson and G. L. Kelling, “Broken windows: The police behavior: A theoretical reappraisal and empirical
police and neighborhood safety,” Atlantic Monthly, assessment,” Law and Society Review, vol. 23 (1989),
March 1982, pp. 28–29. p. 687.
3 D. H. Bayley and E. Bittner, “Learning the skills of polic- 23 Ibid.
ing,” in Critical issues in policing: Contemporary readings, 24 S. O. White, “A perspective on police professionaliza-
eds. R. G. Dunham and G. P. Alpert, pp. 87–110 (Pros- tion,” Law and Society Review, vol. 7 (1982), p. 61.
pect Heights, IL: Waveland, 1989).
25 Worden, “Situational and attitudinal explanations of
4 K. C. Davis, Police discretion (St. Paul, MN: West, 1975), police behavior,” p. 687.
p. 73.
26 White, “A perspective on police professionalization,”
5 W. A. Westley, “Violence and the police,” American Jour- p. 61.
nal of Sociology, vol. 59 (1953), pp. 34–42; see also W. 27 Worden, “Situational and attitudinal explanations of
A. Westley, Violence and the police (Cambridge, MA: MIT police behavior,” p. 688.
Press, 1970).
28 See, e.g., M. K. Brown, Working the street (New York:
6 J. H. Skolnick, Justice without trial, 3rd ed. (New York: Russell Sage Foundation, 1981), p. 162.
Macmillan College Publishing, 1994).
29 Atwater v. City of Lago Vista 121 S.Ct. 1536 (2001).
7 Ibid., p. 226.
30 Worden, “Situational and attitudinal explanations of
8 See P. K. Manning and J. Van Maanen, eds., Policing: A police behavior,” p. 689.
view from the street (Santa Monica, CA: Goodyear,
31 J. A. Gardiner, Traffic and the police: Variations in law
1978).
enforcement policy (Cambridge, MA: Harvard University
9 P. K. Manning, “The police: Mandate, strategy, and Press, 1969).
appearances,” in The police and society: Touchstone
32 See, e.g., Brown, Working the street.
readings, 2nd ed., ed. V. E. Kappeler (Prospect Heights,
IL: Waveland, 1999), p. 101. 33 Worden, “Situational and attitudinal explanations of
police behavior,” p. 690.
10 Ibid., p. 109.
34 M. Rokeach, M. Miller, and J. Snyder, “The value gap
11 Ibid., p. 108.
between police and policed,” Journal of Social Issues,
12 To learn more about Wilson, see “Presidential Medal of vol. 27 (1971), pp. 155–71.
Freedom recipient James Q. Wilson,” http://www.ander-
35 M. Caldero and A. P. Larose, “Value consistency within
son.ucla.edu/media-relations/2003/james-q-wilson-
the police: The lack of a gap,” Policing: An International
pres-medal-of-freedom (accessed January 14, 2016).
Journal of Police Strategies and Management, vol. 24
13 James Q. Wilson, Varieties of police behavior: The man- (2003), pp. 162–80, quote on p. 162.
agement of law and order in eight communities (Cam-
36 For an examination of this issue, see also J. Crank and
bridge, MA: Harvard University Press, 1968).
M. Caldero, Police ethics: The corruption of noble cause
14 Gary W. Sykes, “Street justice: A moral defense of order (Cincinnati: Anderson, 1999).
maintenance policing,” Justice Quarterly, vol. 3, no. 4 37 G. Alpert and W. Smith, “Developing police policy: An
(December 1986), p. 505. evaluation of the control principle,” in Policing perspec-
15 J. Rubenstein, City police (New York: Farrar, Straus, and tives: An anthology, eds. L. Gaines and G. Cordner,
Giroux, 1973). pp. 353–62 (Los Angeles: Roxbury, 1998). See also J.
16 J. Van Maanen, “Observations on the making of police- Auten, “Preparing written guidelines,” FBI Law Enforce-
man,” Human Organization, vol. 32 (1973), pp. 407–18. ment Bulletin, vol. 57 (1988), pp. 1–7.
17 W. K. Muir, Police: Streetcorner politicians (Chicago: Uni- 38 G. Cordner, “Written rules and regulations: Are they nec-
versity of Chicago Press, 1977). essary?,” FBI Law Enforcement Bulletin, July 1989, pp.
18 J. Zhao, Q. Thurman, and N. He, “Sources of job satis- 17–21. See also T. Adams, Police field operations (Engle-
faction among police officers: A test of demographic and wood Cliffs, NJ: Prentice Hall, 1990).
work environment models,” Justice Quarterly, vol. 16 39 R. Roberg, K. Novak, and G. Cordner, Police and society,
(1999), pp. 153–73. 4th ed. (New York: Oxford University Press, 2008), p. 285.
19 K. Peak, Policing America: Methods, issues, challenges, 40 S. D. Mastrofski, “Policing the beat: The impact of
5th ed. (Upper Saddle River, NJ: Prentice Hall, 2006). organizational scale on patrol officer behavior in urban

residential neighborhoods,” Journal of Criminal Justice, behavior,” in Crime and justice: An annual review of
vol. 9 (1981), pp. 343–58. research, vol. 8, eds. A. J. Reiss and M. Tonry (Chicago:
41 S. D. Mastrofski, R. Ritti, and D. Hoffmaster, “Organiza- University of Chicago Press, 1986); C. A. Visher, “Gen-
tional determinants of police discretion: The case of der, police arrest decisions, and notions of chivalry,”
drinking-driving,” Journal of Criminal Justice, vol. 15 Criminology, vol. 21 (1983), pp. 5–28.
(1987), pp. 387–402. 56 K. M. Lersch and J. R. Feagin, “Violent police–citizen
42 Brown, Working the street, p. 58; P. V. Murphy and T. encounters: An analysis of major newspaper accounts,”
Pate, Commissioner (New York: Simon and Schuster, Critical Sociology, vol. 22 (1996), pp. 29–49.
1977), p. 39. 57 D. Klinger, “Demeanor or crime: Why ‘hostile’ citizens
43 Murphy and Pate, Commissioner. are more likely to be arrested,” Criminology, vol. 32
44 L. W. Brooks, “Police discretionary behavior: A study of (1994), pp. 475–93.
style,” in Critical issues in policing: Contemporary read- 58 See, e.g., R. J. Lundman, “Demeanor or crime? The Mid-
ings, 4th ed., eds. R. G. Dunham and G. P. Alpert (Pros- west City police–citizen encounter,” Criminology, vol. 32
pect Heights, IL: Waveland, 1989), p. 123. (1994), pp. 631–56, and R. E. Worden and R. L.
45 E. M. Davis, Staff one: A perspective on effective police Shepard, “Demeanor, crime, and police behavior: A reex-
management (Englewood Cliffs, NJ: Prentice Hall, 1978), amination of the police services study data,” Criminol-
p. 135. ogy, vol. 34 (1996), pp. 83–105.
46 S. Walker, The police in America, 2nd ed. (New York: 59 V. E. Kappeler, R. D. Sluder, and G. P. Alpert, Forces of
McGraw-Hill, 1991); P. F. Nardulli and J. M. Stonecash, deviance: Understanding the dark side of policing (Pros-
Politics, professionalism, and urban services: The police pect Heights, IL: Waveland, 1994); W. Chambliss, “Polic-
(Cambridge, MA: Oelgeschlager, Gunn, and Hain, 1981). ing the ghetto underclass: The politics of law and law
47 Nardulli and Stonecash, Politics, professionalism, and enforcement,” in Public policy: Crime and criminal justice,
urban services, pp. 86–88. eds. B. Handcock and P. Sharp, pp. 146–65 (Upper Sad-
dle River, NJ: Prentice Hall, 1997); M. Maurer, Young
48 Roberg et al., Police and society, p. 286.
black men and the criminal justice system: A growing
49 D. A. Smith, “The neighborhood context of police behav- national problem (Washington, DC: Sentencing Project,
ior,” in Crime and justice: An annual review of research, 1993).
vol. 8, eds. A. J. Reiss and M. Tonry (Chicago: University
60 Roberg et al., Police and society, p. 288.
of Chicago Press, 1986).
61 G. P. Alpert, J. M. Macdonald, and R. G. Dunham, “Police
50 E. C. Riksheim and S. M. Chermak, “Causes of police
suspicion and discretionary decision making during citi-
behavior revisited,” Journal of Criminal Justice, vol. 21
zen stops,” Criminology, vol. 43 (2005), pp. 407–34.
(1993), pp. 353–82; D. A. Smith, “The organizational
aspects of legal control,” Criminology, vol. 22 (1984), 62 For some examples, see D. A. Harris, “The stories, the
pp. 19–38; Smith, “The neighborhood context of police statistics, and the law: Why ‘driving while black’ mat-
behavior”; D. A. Smith and J. R. Klien, “Police agency ters,” Minnesota Law Review, vol. 84 (1999), pp. 265–
characteristics and arrest decisions,” in Evaluating per- 326, and E. Spitzer, The New York City Police
formance of criminal justice agencies, eds. G. D. Whita- Department’s ‘stop and frisk’ practices: A report to the
ker and C. D. Phillips (Beverly Hills, CA: Sage, 1984). people of the State of New York from the Office of the
Attorney General (Albany: New York Attorney General’s
51 D. A. Klinger, “Negotiating order in patrol work: An eco-
Office, 1999).
logical theory of police response to deviance,” Criminol-
ogy, vol. 35 (1997), pp. 277–306. 63 C. A. Visher, “Gender, police arrest decisions, and
notions of chivalry,” Criminology, vol. 21 (1983),
52 L. W. Brooks, A. Piquero, and J. Cronin, “Workload rates
pp. 5–28.
and police officer attitudes: An examination of ‘busy’
and ‘slow’ precincts,” Journal of Criminal Justice, vol. 22 64 P. B. Kraska and V. E. Kappeler, “To serve and pursue:
(1994), pp. 277–86. Exploring police sexual violence against women,” Justice
Quarterly, vol. 12 (1995), pp. 85–112.
53 L. W. Sherman, “Causes of police behavior: The current
state of quantitative research,” in The ambivalent force, 65 Kappeler et al., Forces of deviance.
3rd ed., eds. A. S. Blumberg and E. Niederhoffer (New 66 See, e.g., D. Black, The behavior of law (New York: Aca-
York: Holt, Rinehart, and Wilson, 1985), p. 187. demic Press, 1976).
54 J. Van Maanen, “The asshole,” in Policing: A view from 67 K. J. Novak et al., “Revisiting the decision to arrest:
the streets, eds. P. K. Manning and J. Van Maanen, pp. Comparing beat and community officers,” Crime and
221–38 (Santa Monica, CA: Goodyear, 1978). Delinquency, vol. 48 (2002), pp. 70–98.
55 See, e.g., D. Black and A. Reiss, “Police control of juve- 68 Y. G. Hurst and J. Frank, “How kids view cops: The
niles,” American Sociological Review, vol. 35 (1970), pp. nature of juvenile attitudes toward the police,” Journal of
63–77; R. Ericson, Reproducing order: A study of police Criminal Justice, vol. 28 (2000), pp. 189–202.
patrol work (Toronto: University of Toronto Press, 1982); 69 See, e.g., S. D. Mastrofski, R. E. Worden, and J. B.
D. A. Smith, “The neighborhood context of police Snipes, “Law enforcement in a time of community

policing,” Criminology, vol. 33 (1995), pp. 539–63; G. 72 See, e.g., Black, The manners and customs of the police.
Cordner, “Community policing: Elements and effects,” 73 Roberg et al., Police and society, p. 291.
Police Forum, vol. 5 (1995), pp. 1–8.
74 See, e.g., Brooks, “Police discretionary behavior,”
70 Black and Reiss, “Police control of juveniles”; D. Black, p. 126; Sherman, “Causes of police behavior,”
“The social organization of arrest,” Stanford Law Review, pp. 189–92.
vol. 23 (1971), pp. 1087–111; R. J. Friedrich, “The impact
75 See, e.g., S. E. Martin, “Female officers on the move?,”
of organizational, individual, and situational factors on
in Critical issues in policing: Contemporary readings, eds.
police behavior” (PhD diss., University of Michigan, 1977).
R. G. Dunham and G. P. Alpert, pp. 312–30 (Prospect
71 Black and Reiss, “Police control of juveniles”; Black, Heights, IL: Waveland, 1989); S. A. Grennan, “Findings
“The social organization of arrest”; L. W. Brooks, “Deter- on the role of officer gender in violent encounters with
minants of police officer orientations and their impact on citizens,” Journal of Police Science and Administration,
police discretionary behavior” (PhD diss., University of vol. 15 (1988), pp. 78–85.
Maryland, 1986); Friedrich, “The impact of organiza-
76 W. F. Walsh, “Police officer arrest rates,” Justice Quar-
tional, individual, and situational factors on police
terly, vol. 3 (1986), pp. 271–90.
behavior”; D. A. Smith, “Police response to interpersonal
violence: Defining the parameters of legal control,” 77 Mastrofski et al., “Law enforcement in a time of commu-
Social Forces, vol. 65 (1987), pp. 767–82; D. A. Smith nity policing.”
and C. Visher, “Street level justice: Situational determi- 78 James B. Comey, “Remarks delivered at the University
nants of police arrest decisions,” Social Problems, of Chicago Law School, Chicago, IL, October 23, 2015,”
vol. 29 (1981), pp. 167–78; C. A. Visher, “Gender, police FBI press release, https://www.fbi.gov/news/
arrest decisions, and notions of chivalry,” Criminology, speeches/law-enforcement-and-the-communities-we-
vol. 21 (1983), pp. 5–28; Worden, “Situational and atti- serve-bending-the-lines-toward-safety-and-justice
tudinal explanations of police behavior.” (accessed March 3, 2016).

7
Core Police Functions
1 Identify the different types of police missions.
2 Describe the types of patrol, methods of patrol,

the response role, and the traffic function.
3 Describe the function of peacekeeping and order

maintenance.
4 Summarize the evolution of investigations, including

investigative goals, processes, and undercover work.
Stephen Barnes/Alamy Stock Photo
110 Chapter 7 Core Police Functions

Intro Predictive Policing
Crime prevention is one of the many responsibilities of
dpa picture alliance archive/Alamy

any police department. Recent technologies, like
those involved in predictive policing (discussed in
greater detail in Chapter 9), seem to have given law
enforcement officers an edge over street criminals.
Predictive policing “is the application of statistical
methods to identify likely targets for police interven-
Stock Photo
tion (the predictions) to prevent crimes or solve past
crimes, followed by conducting interventions against
those targets.” 1 The technique typically uses
computer technology to predict where crimes will occur
before they do. One such technology is PredPol, which New technologies can assist law enforcement agencies
runs crime reports through a mathematical algorithm to better enforce the law. Some, however, worry that
to discover locations with a high probability of crime. innovations like predictive policing can violate the rights
For departments who are already using it, like those in of individuals by leading to arrests that might not
otherwise have been made. What do you think?
Miami, Seattle, Los Angeles, and Santa Cruz, the soft-
ware spits out 10 to 20 “hotspots” that are the most “distort the law” regarding the Fourth Amendment
likely to experience crime over the next shift. Using prohibition of illegal search and seizures—meaning that
predictive technology, police departments can send it can provide reasonable suspicion where it might
additional patrols and resources into an area where otherwise be lacking, and lead to police stops-and-frisks
the occurrence of crime is likely. The sophistication of that might not otherwise take place.2 In short, does
predictive policing technology is growing rapidly, and it predictive policing somehow violate the civil rights of
is being applied to an ever-increasing set of crime suspects, by pointing a finger at them even before they
types. In New Orleans, for example, a software company have a chance to take action?
named Palantir claims to be able to use its technology Others counter that the only difference between the new
to specifically identify approximately 1% of a city’s analytical models and “old fashioned” policing is that
population who will be likely to inflict or to become the models give law enforcement agencies the option to
victims of gun violence. base their predictions on hard data, rather than the
Although few question its usefulness to law enforcement, instinct that comes from experience. Whatever the case,
some question whether predictive policing is “fair.” new technologies in the area of policing are sure to
Andrew Ferguson, a law professor at the University of the change the methods by which crimes are investigated
District of Columbia notes that predictive policing can and solved—as well as prevented.
▶ The Police Mission
Learning
The police mission in this
Identify the different of all calls to the police involve situations that actually require
Outcomes types of police country is essentially five- a law enforcement response—that is, situations that might lead
1 missions. fold: (1) to enforce and sup- to arrest and eventual prosecution.4
port the law, (2) to investigate Second, police are charged with investigating crimes and
crimes and apprehend apprehending offenders. Some offenders are apprehended
offenders, (3) to prevent crime, (4) to help ensure domestic during the commission of a crime or immediately afterward.
peace and tranquility, and (5) to provide local communities, Fleeing Oklahoma City bomber Timothy McVeigh, for exam-
states, and the nation as a whole with needed enforcement- ple, was stopped by an Oklahoma Highway Patrol officer on
related services. routine patrol only 90 minutes after the destruction of the
The first police mission is the one that comes immediately Alfred P. Murrah Federal Building for driving a car with no
to mind for most people. The police operate under an official license plate.
public mandate to enforce the law. Not surprisingly, police offi- The third police mission, crime prevention, refers to a
cers see themselves as crime fighters, a view generally shared proactive approach to the problem of crime (see Figure 7–1).
by the public and promoted by the popular media. Although it Crime prevention involves “the anticipation, recognition and
is the job of the police to enforce the law, it is not their only appraisal of a crime risk and initiation of action to remove or
job. Most officers spend the majority of their time answering reduce it.”5 In preventing crime, police agencies seek to act
nonemergency public-service calls,3 controlling traffic, or writ- before a crime happens, thus preventing victimization from tak-
ing tickets. Most are not involved in intensive, ongoing crime- ing place. Although the term crime prevention is relatively new,
fighting activities. Research shows that only about 10% to 20% the idea is not. Securing valuables, limiting access to sensitive
The Police Mission 111

Crime-Prevention Techniques Access control, including barriers to
entryways and exits; surveillance, including
video systems; theft‐deterrence devices like
locks, alarms, and tethers; security lighting;
visibility landscaping
Crime-Prevention Programs Organized efforts that focus resources on

reducing a specific form of criminal threat
Preventive Patrol The practice of canvassing (that is,

scrutinizing) neighborhoods in an effort to
discourage people from committing crime
FIGURE 7–1 Prevention Efforts.
areas, and monitoring the activities of suspicious people are for example, can be accomplished through several means,
techniques used long before Western police forces were estab- such as preventive patrol, broken windows law enforcement,
lished in the 1800s. Modern crime-prevention efforts aim not and emergency response. Investigation can be—and often
only to reduce crime and criminal opportunities and to lower is—performed by trained detectives, but traffic cops also per-
the potential rewards of criminal activity but also to lessen the form this role, such as when they investigate traffic accidents.
public’s fear of crime.6 The police service mission is extensive and includes many
Enforcing the law, apprehending offenders, and preventing functions that most people are not aware of. Thus, our goal
crime are all daunting tasks for police departments because in this chapter is to present these and other police functions in
there are many laws and numerous offenders. Still, crimes are more detail.
clearly defined by statute and are therefore limited in num-
ber. Peacekeeping, the fourth element of the police mission,
is a virtually unbounded police activity involving not only
the control of activities that violate the law (and hence the ▶ Patrol
community’s peace) but many others as well. Law enforce-
Most of us are familiar with
ment officers who supervise parades, public demonstrations, Learning Describe the types
policing because of the Outcomes of patrol, methods of
and picketing strikers, for example, attempt to ensure that the
behavior of everyone involved remains “civil” and does not
patrol function. Movies and 2 patrol, the response
television dramas seem to role, and the traffic
unduly disrupt community life. Robert H. Langworthy, who function.
focus more heavily on the
has written extensively about the police, says that keeping
investigation function, but
the peace is often left up to individual officers.7 Basically,
in real life most of us see patrol officers far more often than
he says, departments depend on patrol officers “to define the
we see detectives. That is because patrol officers are the
peace and decide how to support it,” and an officer is doing
most visible aspect of the police department, engaging
a good job when his or her “beat is quiet, meaning there are
in preventive patrol, incident response, and traffic
no complaints about loiterers or traffic flow, and commerce
enforcement.
is supported.”
Then there is service, perhaps the most extensive and far-
reaching police mission. As writers for the National Institute of
Justice note, “Any citizen from any city, suburb, or town across Types of Patrol
the United States can mobilize police resources by simply pick- Preventive patrol refers to the practice of canvassing (i.e.,
ing up the phone and placing a direct call to the police.”8 “Call- scrutinizing) neighborhoods in an effort to discourage people
ing the cops” has been described as the cornerstone of policing from committing crime. Deterrence theory , a perspective
in a democratic society.9 About 70% of the half-million daily holding that crime will be less likely when the potential for
calls to 911 systems across the country are directed to the getting caught outweighs any likely benefits from breaking
police, although callers can also request emergency medical the law, underlies this practice. Preventive patrol can occur
and fire services.10 Calls received by 911 operators are priori- through a number of other means, several of which we will
tized and then relayed to patrol officers, specialized field units, consider here. We will also consider two interesting ques-
or other emergency personnel. tions: How much patrol is really preventive, and is preventive
There is much more to enforcement, investigation and patrol effective?
apprehension, crime prevention, order maintenance, and com- Directed patrol is, as the term suggests, patrol with direction.
munity service than we have presented thus far. Enforcement, Unlike random patrol, directed patrol involves concentrating

the police presence in areas where certain crimes are a sig-
nificant problem. Two terms used in conjunction with directed
patrol are hot spots and hot times. Hot spots are concentrated
Think About It…
areas of significant criminal activity, such as a street corner One- or Two-Officer Patrols A department’s decision to
known for its prostitution traffic. Hot times are those times of adopt one- versus two-officer patrol is usually dictated by
day when crime is particularly problematic, such as after dark concerns like officer safety. In late 2006, for example, the
on a Friday night. Mesa, Arizona, police department changed from one- to
Other terms that frequently arise with reference to directed two-officer patrols because of a high-profile killing of a
patrol include crime peaks, or those times of day when certain Phoenix police officer who was on patrol by himself. Officer
crimes increase; saturation patrol, which occurs when several safety is obviously important. Some would say it’s more
police officers flood a certain area in an effort to catch crimi- important than crime control, but it is also interesting to
nals and to deter would-be offenders; and focused patrol, in look at one- versus two-officer patrols from a crime control
which police focus their efforts on certain problems, locations, standpoint. The findings from several studies indicate the
or times. following:
Police departments today are able to identify hot spots and
1. Patrol staffing mode has virtually no effect on police
hot times with crime mapping. Using dispatch data, for exam-
effectiveness.
ple, police departments can plot the concentration of certain
2. Single-officer staffing increases patrol visibility, but the
offenses on a map, including the times during which they occur.
effect on crime is almost nonexistent.
This allows officials to see firsthand where the problems are so
3. Two-officer patrols are, not surprisingly, twice as costly
they can allocate personnel to the areas where they are needed
as single-officer patrols.
the most. Directed patrol is one way of making the most out of
4. Patrol activity levels are comparable between both
a police department’s limited resources.
staffing methods.
Patrol Methods and Techniques So, does one- versus two-officer patrol make a difference
Foot patrol was how policing was accomplished in America’s in terms of crime? In particular, can police prevent crime
early cities. It continues to be practiced in a number of areas, with the added visibility of one-officer patrols?
especially in strip malls, downtown shopping districts, tourist
destinations, and other areas where many people are concen-
trated in a limited space. Being on foot, though, can clearly
limit an officer’s ability to give chase if the need arises. Even
so, criminologist and author John Fuller has this to say about
Images-USA/Alamy Stock Photo

foot patrol: “An aggressive, street-smart police officer, working
an active post, can develop as many (or more) quality cases and
arrests working foot patrol as he can working motorized
patrol.”11
Today, automobile patrol has effectively replaced foot
patrol. The shift was inevitable once the automobile was
invented and people began to spread out and move away from
downtown areas. The act of driving itself can be a distraction,
possibly diminishing even the most well-trained officer’s ability
to detect crimes in progress. Automobile patrol is also expen-
sive; it requires not just an officer but also a fully equipped
vehicle (with all the attendant maintenance costs) for him or than an officer zipping by in an air-conditioned cruiser with the
her to drive. windows up.”13
A number of other patrol methods are common and familiar. Mounted patrol is also common in some areas. As one
Bicycle patrol, for example, can be found in a number of rela- researcher recalls, “Folklore of the frontier lawman on
tively small towns and areas with fair weather. As police cyclist horseback in the American Old West evokes an image of
instructor Kathleen Vonk notes, “Officers on bike patrol have peace and justice. That image of an officer on horseback
pursued and caught armed robbers, home invasion criminals, remains a part of modern law enforcement. In the United
car thieves, criminals breaking into cars and criminals in pos- States today, more than 600 organized mounted police patrol
session of stolen property. They have assisted in searches for units form a visible pedestal and serve citizens throughout
missing children. [And] housing officers have used bicycles in their jurisdiction. An officer on horseback invites construc-
the areas where both stealth and speed are essential, pursuing tive community contact in its own unique way.”14 As one
and arresting many drug dealers, street thugs, and trespassers.”12 scholar has observed, “The horse gives the police a more
Additionally, “The bicycle officer is an important public rela- visible presence in a crowd, and the horse gives the officer a
tions tool and is instrumental in bringing the citizenry closer to better view of problems.”15 Mounted patrol is also relatively
the police. An officer on bicycle, wearing the more casual ‘uni- economical compared to automobile patrol. See Figure 7–2
form’ of a polo-type shirt and shorts, is far more approachable for a summary of patrol methods.
Patrol 113
Types of Police Patrol
Foot. The oldest method of patrol, predating the invention of the automobile.
Foot patrol’s advantages lie in the close proximity it provides to citizens, which
tends to enhance rapport between people and officers.
Automobile. Automobile patrol reverses the advantages and disadvantages of

foot patrol. On the one hand, it improves officer mobility. On the other hand, it
distances officers from the people they serve.
Bicycle. Bicycles give officers much more mobility than foot patrol and can also
be advantageous from the standpoint of community relations.
Mounted. Like bicycle patrol, mounted patrol puts officers in closer contact with
citizens. In addition, mounted patrol provides effective crowd control. Horses
are large and heavy and put officers well above the crowd, thereby permitting
them to push unruly groups back if the need arises.
Air. Air patrol is done for everything from traffic enforcement in rural areas to
investigation of possible marijuana-growing operations (with thermal imagery) in
inner cities.
Water. Water patrol can be found on lakes and waterways throughout the
United States.
K9-Assisted Patrol. Police officers who work with K9 units (police dogs) do
everything from searching for elusive suspects to detecting drugs, bombs, and
other threats to public safety.
Special Terrain Vehicle Patrol. Some all-terrain vehicle (ATV) parks, for
instance, are patrolled by officers on off-road motorcycles. Some of the typical
offenses found while patrolling are noise violations, fire hazards, illegal
dumping, illegal shooting, trespassing with motor vehicles, illegal hunting,
abandoning stolen vehicles, and undocumented alien trafficking.
FIGURE 7–2 Types of Police Patrol.
How Much Patrol Is Really Preventive? meaningful threat.”18 Even with a substantial and visible police
The public has something of a romanticized image of preven- presence, some people cannot be deterred from committing
tive patrol—that of police officers diligently scanning up and crimes. Walker draws this conclusion: “Many crimes are inher-
down every side street, alleyway, and lot as they drive through ently not ‘suppressible’ by patrol. Because they usually occur
their beat. Then there is the real world, which unfortunately indoors and in the heat of passion, the amount of police patrol
does not bode particularly well for the prospects of preventive out on the street is not going to affect them.”19
patrol. Consider, for instance, the number of police officers on
patrol in relation to crime rates: Several large cities across the COPS Funding
country have approximately the same number of police officers Former president Bill Clinton signed the Violent Crime Control
per citizen, but very different levels of crime. For example, and Law Enforcement Act in September 1994. Title I of the act,
according to the latest data, St. Louis has 42 full-time sworn known as the Public Safety Partnership and Community Policing
police officers per 10,000, while Seattle had 21. 16 At first Act of 1994, permitted the use of $8.8 billion to fund local law
glance, one may be inclined to conclude that St. Louis is a safer enforcement agencies in the fight against crime and to help
city, but such is not the case. It was one of the most crime- improve their community policing capabilities. To spend this
ravaged cities in America during 2010.17 massive sum of money, the U.S. Department of Justice created
There are more reasons why preventive patrol may not a new agency known as the Office of Community Oriented
do a good job of disrupting crime. First, the police presence Policing Services (COPS Office). Its job was to administer and
in America is spread very thin. Even if we could double the supervise the spending.
size of our nation’s police force, the number of police officers Since its creation, the COPS Office has awarded grants to
per 10,000 citizens would remain quite small. Next, according law enforcement agencies throughout the United States. More
to Sam Walker, a prominent criminal justice professor, “many than $7 billion has been spent. These grant awards have included
actual or potential offenders do not perceive police patrol as a funds for the hiring of additional police officers, for innovative

community policing programs, and for improvement of law it is desirable to hire more police officers. But some time has
enforcement technology. COPS funds have also been used passed, and some more sophisticated research techniques have
to fund regional community policing institutes, research, and been used, leading some researchers to conclude that previous
training and technical assistance. All in all, the COPS Office research in this important area of criminal justice is flawed.
has provided funding for the hiring of more than 100,000 new Criminologists Thomas Marvell and Carl Moody have
police officers throughout the United States. claimed that previous researchers have failed to address the
possibility not only that an enhanced police presence may affect
How Effective Is Patrol? crime but also that crime may affect the police presence.27
How effective is patrol? This is not an easy question to answer Clearly this is plausible. We know, for example, that voters
because it is difficult to get in the heads of would-be criminals commonly express frustration when public safety is threatened,
to determine whether the police presence affects their decision thereby calling on politicians to give more resources to law
making. Researchers have, however, examined the effects on enforcement. In a sophisticated analysis that controlled for this
crime of putting more officers on America’s streets. They began possibility, Marvell and Moody were able to show that a height-
in Kansas City, Missouri, and then expanded their horizons ened police presence does reduce crime. They concluded that
to hundreds of other cities and counties throughout the “higher police levels reduce most types of crime, particularly
United States. at the city level. The size of the impact is often substantial.”28
One of the most important policing studies relevant to Researchers have also examined the effects of COPS fund-
police hiring is the now-famous Kansas City (Missouri) Preven- ing on crime. All the spending has led researchers to ask, Has
tive Patrol Experiment.20 Conducted during 1972 and 1973, the it reduced crime? One important study answered the question
experiment divided the South Patrol District of Kansas City into with a yes.29 A few others have followed suit, but at least one
three groups of patrol beats. Proactive beats received two to study, one of the more sophisticated studies to date, revealed
three times the normal level of patrol. Reactive beats received that COPS grants have made virtually no dent in the crime
no patrol, only responses to calls for service. Control beats kept problem.30 Thus, police officers may prevent some crimes, but
police patrol levels to normal. certainly not all them.
The experiment revealed that the level of patrol had no
effect on crimes suppressible by patrol. These included burglar-
ies, auto thefts, larcenies involving auto accessories, robber- The Response Role
ies, and vandalism. That is, public safety was neither improved Perhaps one of the reasons why preventive patrol may not be
nor decreased in either of the three beats. In addition, citizens the most effective approach to law enforcement is that officers
weren’t even aware of the differences! Citizens’ attitudes are routinely responding to calls, which may limit the time they
toward the police, their feelings of security, and their decisions have to patrol neighborhoods and prevent crime.
to report crime did not vary noticeably from one beat to the
next. The lessons of Kansas City, therefore, are often touted
as evidence that more police will not reduce crime,21 but they
should not be construed as the gospel truth. For example, the
authors of the experiment’s final report pointed out that their
Think About It…
findings may have been misinterpreted—that there was more to Preventive Patrol How effective is preventive patrol? This is
the experiment than just a look at whether additional hiring is not an easy question to answer because it is difficult to get
necessary.22 Also, some academics have been highly critical of into the heads of would-be criminals to determine whether
the experiment.23 police presence affects their decision making. What are
Since the results of the Kansas City experiment were pub- some possible limitations of studies that look at the aggre-
lished, multiple studies have examined the police–crime rela- gate relationship between the police presence and crime?
tionship.24 They have sought to determine whether there is a What is the best way to know whether preventive patrol
relationship between the police presence and crime. Whether “works”?
a police–crime relationship exists is actually one of the most
significantly researched questions in criminal justice.
In 1998, a study was published wherein the author reviewed
22 previous studies of the police–crime relationship.25 He con-
cluded that 18 of the 22 studies found either no relationship
between police and crime or a positive relationship. A positive
relationship is not what one would expect because it suggests
Brad Sauter/Shutterstock
that as the police presence increases, so does crime. A similar

review published in 1996 reviewed 36 previous studies.26 The
authors of that review reported that only 10 of the 36 previ-
ous studies found a relationship between the police presence
and crime, that is, a relationship showing a decrease in crime
when the police presence increases. In short, both studies
appear to show that there is very little research concluding that
Patrol 115
Routine Incident Response Routine Responses Emergency Responses
Routine incident response is the second most
common activity of patrol officers.31 As noted by
the National Institute of Justice, “The specific
police objective will vary depending on the nature Police officers on patrol frequently Emergency Response, often called
of the situation, but generally, the objective is to respond to routine incidents, many of critical incident response, is used for
restore order, document information or otherwise which are minor traffic accidents. crimes in progress, traffic accidents
provide some immediate service to the parties Responding officers must collect with serious injuries, natural disasters,
32 information and, typically, file a terrorist attacks, officer requests for
involved.”
written report. assistance, and other situations in
One important measure of police success that which human life may be in jeopardy.
is strongly linked to citizen satisfaction is response
time: the time it takes for police officers to respond FIGURE 7–3 Routine versus Emergency Responses.
to calls for service. It is measured from the time
a call for service is received by a dispatcher until
an officer arrives on the scene. In 2001, for example, police accidents. To do each of these tasks, officers may run radar sur-
response time in New York City averaged 7.2 minutes for all veillance, conduct checkpoints to apprehend drunk drivers,
types of calls, 29% faster than the previous year and the quick- perform license and safety checks, direct traffic, enforce
est response time in a decade.33 The average response time for anticruising ordinances, ensure that people wear their seat
critical calls in New York City decreased 20%, to 4.8 minutes. belts, target illegal street racers, nab red-light runners, and keep
Response times in 2001 were cut by an average of nearly three an eye out for road rage. According to one writer, “Among the
minutes over the previous year, even in the face of an increased most common problems facing law enforcement today are
number of calls and budget cutbacks that resulted in fewer offi- those relating to traffic issues in their community. Citizens may
cers on patrol. call to complain about speeding cars in their neighborhood or
voice concern over a nearby school crosswalk.”36 Perhaps the
Emergency Response most controversial aspect of traffic enforcement these days
In a bizarre case from Pomona, California, police officers on involves stopping a motorist for reasons other than legitimate
routine patrol responded to a dispatcher’s instructions to assist law violations, a practice known as profiling.
in an emergency at a local coin-operated laundry.34 On arrival,
they found a two-year-old girl trapped inside an industrial-size
washing machine. The officers used their batons to smash the
locked glass-paned door. The girl, unconscious and nearly Think About It…
drowned when pulled from the machine, was taken to a local
hospital, where she was expected to recover. Her mother, Rapid Response A common assumption is that if the
35-year-old Erma Osborne, was arrested at the scene and police could reach crime scenes more quickly, they would
charged with child endangerment when the on-site video sur- have a better chance of apprehending lawbreakers. This
veillance cameras showed her placing her daughter in the is the essence of rapid response. One study found that
machine and shutting the door. This is but one disturbing exam- probability of arrest increased when police travel time
ple of the many emergencies police officers throughout the decreased, but other studies found virtually no relationship
United States respond to. between travel time and the probability of arrest, possibly
Although police respond to emergencies far less frequently because people are slow to report crime. How do the find-
35
than to routine incidents, emergency response is a vital aspect ings from rapid response research mesh with your previous
of what police agencies do. Emergency responses take prior- understanding of its effectiveness? If rapid response is not
ity over all other police work, and until order is restored, the effective across the board, are there areas, times, and con-
officers involved will not turn to other tasks. An important part texts in which it could be very important? Explain.
of police training involves emergency response techniques,
including first aid, hostage rescue, and the physical capture of
suspects. Perhaps the ultimate critical incident these days is a
Michael Matthews/Alamy Stock Photo
terrorist attack. Figure 7–3 further distinguishes between rou-

tine response and emergency response.
The Traffic Function

Most civilians are more familiar with the traffic enforcement
function of police work than with any other dimension of the
job—often because they’ve been on the receiving end of the
enforcement. Traffic enforcement is generally concerned with
enforcing laws pertaining to motor vehicles and their operation.
It also involves the relief of congestion and the reduction of

Pretext Stops and Profiling a reasonable officer in the same circumstances would not have
The U.S. Supreme Court has held that police officers can stop made the stop for the reasons given.” Simply put, the Supreme
cars based on the belief that a crime has been committed, which Court has stated that officers’ individual motivations—whether
includes any traffic violation. 37 Once a motorist has been racial or otherwise—are irrelevant. The only question worth
stopped, the officer can order him or her to stand outside of the answering, according to the Court, is whether the officer has
vehicle without any justification,38 search the vehicle with con- cause to stop the vehicle. Needless to say, this decision did not
sent,39 seize items that are in “plain view,”40 frisk the driver and satisfy critics of racial profiling.
search the passenger compartment of the vehicle out of con- Is racial profiling really a problem? Some studies suggest
cerns for safety,41 and search the entire car if probable cause to that it is. For example, in a study of drivers’ characteristics
arrest or search is developed.42 during traffic stops, Robin Engel and Jennifer Calnon reached
Whether every motorist is stopped for a legitimate reason, this conclusion: “The findings show that young black and
though, is sometimes questionable. In addition, even if an offi- Hispanic males are at increased risk for citations, searches,
cer has legal grounds to stop a motorist, the question of pretext arrests, and use of force after other extralegal and legal charac-
presents itself: Should police with other motivations in mind teristics are controlled.”46 Their findings are supported by other
(e.g., to gain consent to search) be allowed to use traffic laws to researchers.47
stop people? In other words, should officers be able to conduct There is some concern that conclusions like these are diffi-
pretext stops (Figure 7–4), which are stops based on more than cult to make sense of without first considering the demographic
one motive? In a pretext stop, the officer stops the vehicle for a composition of the area studied. We might expect, for example,
legitimate reason but is also suspicious about the driver. To the that more blacks than whites will be stopped in an area with
extent that pretext stops occur, too many of them can amount a large percentage of black residents. Most of us would agree
to racial profiling, which has been defined as “the use of dis- that such an apparent disparity could be explained by the demo-
cretionary authority by law enforcement officers in encounters graphics of the area. The problem, though, is settling on the
with minority motorists, typically within the context of a traffic appropriate base for comparison. For example, we could look
stop, that results in the disparate treatment of minorities.”43 at census data to ascertain the racial composition of a particu-
A driver’s race obviously does not create justification to lar neighborhood, but just because someone is stopped in their
stop. Yet there are many people who have argued that the police vehicle in that area doesn’t mean they live there. The mobility
use existing traffic laws, which are many and easy to violate, to of automobiles makes it difficult to find something with which
single out certain drivers based on their race.44 The Supreme to compare police traffic stop data. An alternative is driver’s
Court has yet to decide directly on the constitutionality of this license databases, but even they are limited because not every
type of conduct, but at least one of its decisions has come close. driver has a license. There are ways around these types of
In Whren v. United States,45 Washington, D.C., police made a research problems. For example, researchers can look at dif-
traffic stop and observed two bags of crack cocaine in the hands ferent officers within the same department. If one stops signifi-
of a passenger who was seated in the front of the car. The police cantly more minorities than others, then arguably something
testified that they stopped the driver because he violated traffic other than legitimate enforcement is going on.
laws. In contrast, the defendants claimed that the stop was made As most of us are aware, profiling has become a hot topic
based on their race and that the police used alleged traffic viola- in the war on terror. Before September 11, 2001, critics were
tions as a reason to stop them. up in arms over the profiling of black motorists. Now the focus
The Supreme Court concluded that the “constitutional rea- has shifted to people of Middle Eastern descent. But surpris-
sonableness of traffic stops” does not depend “on the actual ingly, there is now a measure of support for profiling: “After
motivations of the individual officers.” The Court also con- years of enduring harsh criticism and suspicion from the pub-
cluded that the only relevant inquiry is whether the officer has lic for alleged racial profiling practices, law enforcement in
cause to stop the car. It rejected the argument that the Fourth the aftermath of the World Trade Center disaster has suddenly
Amendment requires a court to consider whether “the officer’s found itself on the high road, as some who once considered the
conduct deviated materially from usual police practices, so that practice taboo are now eager for police to bend the rules when
Justification for Pretext Traffic Stops Concern with Pretext Traffic Stops
There are numerous opportunities for There is the possibility of racial

the police to detect contraband during the profiling: Many people have argued
course of a vehicle stop. And since almost every that the police use existing traffic laws,
driver commits traffic law violations at some point, there which are many and easy to violate, to
is usually ample justification for stopping motorists. single out certain drivers based on their race.
FIGURE 7–4 Pretext Traffic Stops.
Patrol 117
it comes to Middle Easterners.”48 One researcher reported on vehicles on the roadway, and so on. The officer takes photo-
a Los Angeles Times poll, conducted after September 11, that graphs and notes in an effort to carefully document all perti-
found that more than two-thirds of those questioned favored nent aspects of the accident scene. All of this helps the officer
“randomly stopping people who may fit the profile of suspected “reconstruct” the accident in order to determine who, if anyone,
terrorists.”49 was at fault.
Accident Investigation Pursuits

The traffic function involves much more than enforcement. Every now and then, suspects flee the police, and pursuits
Officers also respond to accidents. Motor vehicle crashes are ensue. In some areas of the country, pursuits seem to be a fre-
all too common and exceedingly costly: “Although the traffic quent occurrence in light of all the media attention they receive.
fatality rate has dropped dramatically since the mid-1960s, traf- Some characteristics of police pursuits are listed in Table 7–1.
fic crashes account for 95% of all transportation-related deaths The public seems to thrive on “the chase.” There is a thrill in it
and 99% of transportation-related injuries. Traffic crashes are for police officers, too, but there is also a dark side: Every pur-
the leading cause of death for people ages 4 to 34. The total suit carries with it the potential for danger to third parties.
economic costs of motor vehicle crashes in the United States When innocent motorists or pedestrians are injured or killed in
approach $900 billion annually.”50 In addition, traffic crashes the course of a pursuit, lawsuits are often filed, and sometimes
are the leading cause of line-of-duty deaths for police officers. the plaintiffs prevail. In Washington, D.C., a jury awarded
After victims’ needs have been met and the scene has been $1 million to a woman who was seriously injured when her car
secured, officers turn to investigating the accident. The causes was struck during a high-speed police pursuit.51 Virtually all
of some accidents are immediately apparent and require little police administrators are committed to avoiding the costs asso-
investigation. Some even occur in plain view of an officer. The ciated with such litigation.
causes of many accidents, though, may not be immediately Before initiating a high-speed pursuit, the officer must
apparent. To ascertain the cause, the officer takes statements weigh two competing objectives. As Geoffrey Alpert—one of
from witnesses, physically examines the vehicles involved, the nation’s leading authorities on police pursuits—puts it, “The
measures the skid marks, takes note of the final positions of basic dilemma associated with high-speed pursuit of suspects
TABLE 7–1 Characteristics of Police Pursuits

Number (Percentage) of Incidents
Reason for Pursuit Metro-Dade (Miami) Florida Omaha, Nebraska Aiken County, South Carolina
Traffic violation 448 (45%) 112 (51%) 5 (36%)
DUI/reckless driving 8 (4%) 1 (7%)
“Suspect” vehicle 7 (3.5%) 2 (14%)
Driver known from previous incident 3 (1.5%)
Felonies 344 (35%) 89 (40%) 6 (43%)

Armed robbery 117 2
Vehicular assault 67
Aggravated assault 37
Stolen vehicle 37 36 3
Burglary 24
Other felonies 62 53 1
Accidents
Personal injury 428 (41%) 31 (14%) 2 (12%)

Property damage 213 (20%) 91 (40%) 4 (24%)
Arrests 784 (75%) 118 (52%) 14 (82%)
Source: From Police Pursuit: Policies and Training by Geoffrey P. Alpert, U.S. Department of Justice.

is deciding whether the benefits of potential apprehension out- another. In either case, police officers take proactive steps to
weigh the risks of endangering police officers, the public, and maintain peace and order. There is also a reactive element to
suspects in the chase.”52 This dilemma becomes especially pro- peacekeeping and order maintenance, such as when neighbor-
nounced in the context of minor offenses. Research reveals that hood disorder and quality-of-life problems surface in the wake
the majority of violators who flee from the police were sus- of civil disobedience and during crisis situations.
pected of committing offenses for which arrest would not be
customary.53
Most police agencies have some sort of policy governing Managing Disorder
police pursuits, and these policies have a direct impact on the and Quality-of-Life Issues
incidence of pursuits. A study revealed, for instance, that when Many police departments focus on quality-of-life offenses as
the Metro-Dade (Florida) Police Department adopted a “vio- a crime-reduction and peacekeeping strategy. Quality-of-life
lent felony only” pursuit policy, the number of pursuits declined offenses are minor law violations, sometimes called petty
markedly.54 In contrast, Omaha, Nebraska, adopted a more lax crimes, that demoralize residents and businesspeople by cre-
pursuit policy and witnessed an increase in pursuits of 600% in ating disorder. Examples of petty crimes include excessive
the space of one year.55 Clearly, then, agencies can manage the noise, graffiti, abandoned cars, and vandalism. Other quality-
incidence of police pursuits by altering their policies. of-life offenses reflect social decay and include panhandling
Assuming the officer decides to engage in a pursuit, what and aggressive begging, public urination, prostitution, roam-
are the likely outcomes? First, research reveals that injuries are ing youth gangs, public consumption of alcohol, and street-
more likely to occur when people suspected of violent felonies level substance abuse. Homelessness, while not necessarily a
flee the police.56 Injuries are also likely when pursuits occur on violation of the law unless it involves some form of trespass,59
surface streets (rather than highways) in urban and suburban is also typically addressed under quality-of-life programs.
(rather than rural) areas.57 Through police interviews, the homeless may be relocated to
The Washington, D.C., case described at the beginning of shelters or hospitals or arrested for some other offense. Some
this section might not have occurred but for apparent negligence researchers claim that reducing the number of quality-of-life
on the part of the pursuing officer. The D.C. police department offenses in a community can restore a sense of order, reduce
has one of the most restrictive pursuit policies in the country, the fear of crime, and lessen the number of serious crimes that
permitting officers to chase only those suspected of commit- occur. However, quality-of-life programs have been criticized
ting violent felonies, but the officer gave chase through a resi- by those who say that the government should not be taking
dential area after a suspect with expired license plates. Was the a law enforcement approach to social and economic
jury’s decision a just one? Perhaps it would help to know that problems.60
the woman who was injured lost three fingers and other parts of
her left hand—and she was an innocent bystander to the chase. The Broken Windows Model
Numerous technologies have been developed to assist police A similar approach to keeping the peace can be found in the
with interrupting high-speed pursuits. Most readers are prob- broken windows model of policing.61 This model is based on
ably familiar with spike strips. Recent versions of these feature the notion that physical decay in a community, such as litter
hollow spikes that slowly release the air from the fleeing sus- and abandoned buildings, can breed disorder and can lead to
pect’s tires to bring the vehicle to a safe stop. The spikes can be crime by signaling that laws are not being enforced (Figure 7–5).
retracted remotely so that pursuing vehicles can pass over them 62
Such decay, the theory postulates, pushes law-abiding citi-
safely. Another device, called “StarChase,” launches a GPS dart zens to withdraw from the streets, which then sends a signal
at the fleeing vehicle. When the dart attaches, officers can fall that lawbreakers can operate freely.63 The broken windows
back and safely track the fleeing motorists’ whereabouts from model suggests that by encouraging the repair of run-down
a distance.58 buildings and controlling disorderly behavior in public spaces,
police agencies can create an environment in which serious
crime cannot easily flourish.64 While desirable, public order
▶ Peacekeeping and Order has its own costs. Noted police author Charles R. Swanson
says, “The degree to which any society achieves some amount
Maintenance of public order through police action depends in part upon the
Peacekeeping and order maintenance are also critical police price that society is willing to pay to obtain it.”65 Swanson
missions. The mere thought that police officers might be close describes the price to be paid in terms of (1) police resources
can discourage crime and deviance, thereby fostering peace paid for by tax dollars and (2) “a reduction in the number,
and order. On the other hand, kinds, and extent of liberties” that are available to members of
Learning Describe the function it is sometimes necessary to the public.66
Outcomes of peacekeeping and
take visible steps to maintain
3 order maintenance. peace and order. Police offi-
cers dressed in riot gear Civil Disobedience and Crisis Situations
during a high-profile public Civil disobedience involves law-breaking to prove a point or to
protest are an example of this. The presence of police officers at protest against something (Figure 7–6). As Karen Hess and
sporting events, such as on the sidelines in a football game, is Henry Wrobleski observe, “Civil disobedience occurs daily
Peacekeeping and Order Maintenance 119

Increased concern Decreased
Increase in unrepaired for personal safety participation
physical deterioration among residents in maintaining
and proprietors order on the street
Increased delinquency, rowdiness, Further increases in deterioration; further

vandalism, and disorderly behavior withdrawal from streets by residents and
among locals other locals
Potential offenders from outside the neighborhood,

attracted by vulnerability, move into locale
FIGURE 7–5 An Overview of the Broken Windows Model.

Source: From Physical Environment and Crime by Ralph B. Taylor, Adele V. Harrell, U.S.
Department of Justice.
Type of Situation Example Police Response
Civil Disobedience Refusing to move for police Respect of constitutional

officers who are trying to rights to free expression and
establish crowd-control lines; assembly.
rioting, setting fires, and In celebratory gatherings, fine
looting. line between maintaining
order and permitting gatherers
to enjoy the moment.
Crisis Situations Hostage taking, barricaded The initial few hours of

suspects, and suicide incident are the most
attempts. dangerous. An assault by
police threatens the lives of
suspect and hostages. As time
progresses, suspect has a
chance to calm down.
FIGURE 7–6 Civil Disobedience and Crisis Situations.
around the world, from the fight against apartheid in South held hostage? The obvious answer is that doing so would be
Africa, to the quest for autonomy of ethnic groups in Europe, to dangerous, but why? Because an assault by police threatens the
demonstrations in Washington, DC, against racism or for a lives of hostages as well as the hostage takers. Hostages could
more responsive government.”67 Police officers need to be be killed by those holding them before they can be rescued, or
equipped to deal with such situations.68 they might be killed or injured in the battle between police and
A problem with policing civil disobedience is that much of the hostage takers. An assault, of course, can also result in loss
it is based on a desire to protest some perceived inequity, a right of life or injury to police personnel. Often, time is on the side of
protected by the First Amendment. So important is this right hostage negotiators.
that even the President’s Task Force on 21st Century Policing
called attention to it: “Citizens have a constitutional right to
freedom of expression, including the right to peacefully dem-
onstrate.”69 The Task Force called for “positive communication Investigations
and engagement strategies that can protect constitutional rights Criminal investigation is one of the most important police
of demonstrators and the safety of citizens and the police.”70 functions—and certainly the most romanticized. Investigation
Crisis situations also keep the police busy. Ever wonder why is carried out largely by detectives—sworn officers who have
the police don’t just swarm a building where a person is being moved up from patrol to something of a “glamour” job wherein

Learning Summarize the evolu- they spend their days solving the New York City Police Department went to England to
Outcomes crimes. Detective work would
tion of investigations, study fingerprinting. On his return, he used his newfound
4 be unnecessary if patrol offi-
including investigative knowledge to successfully identify a man accused of burglar-
goals, processes, andcers were able to catch all izing a suite in the Waldorf-Astoria Hotel. The man claimed
undercover work.
crimes in progress. Of course, to be a respected businessman by the name of James Jones,
they hardly ever do this, in but Faurot learned, as a result of fingerprints, that he was
part because they are spread so thin—hence the need for a dedi- actually Daniel Nolan, a man with 12 prior convictions for
cated criminal investigations division. similar crimes.75
Large police agencies often have hundreds of detectives In another high-profile case, as Will West was being pro-
in various divisions covering offenses that run the gamut from cessed into the federal prison in Leavenworth, Kansas, a guard
homicide to check fraud. Indeed, a study by the RAND Cor- noted that there was already a photograph on file for him. West
poration revealed that police departments in every city with a claimed to have never been in the prison before. After measure-
population of more than 250,000 people—and 90% of those in ments and fingerprints were taken, it became clear that he had
smaller cities—have dedicated detectives.71 been mistaken for another man, William West, who had been in
the same prison for some time. The concern was that Will West
had tried to change his name to avoid harsh punishment for
The Evolution of Investigations being a repeat offender, which was, of course, not the case. The
At the heart of any investigation is the practice of criminalistics, two were so close in both physical appearance and Bertillon
which refers to the scientific study and evaluation of evidence measurements—not to mention the similarity of their names—
associated with the commission of a crime. Today, this term as to be virtually indistinguishable. Ultimately, it was their fin-
carries connotations of recent technological advancements gerprints that permitted authorities to distinguish one man from
that detect nearly invisible trace evidence (e.g., blood stains the other. This case earned fingerprinting a permanent place in
that someone tried to clean up) or other evidence of a crime that the criminal investigator’s tool kit.
would escape all but the most skilled investigator. But criminal-
istics is about as old as policing itself. Henry Fielding’s Bow Firearms Identification and Beyond
Street Runners and Sir Robert Peel’s bobbies experienced some Firearms identification, or ballistics, burst onto the criminalis-
early investigative success. The bobbies, for instance, were tics scene during the mid-1800s. In 1835, Henry Goddard, who
occasionally removed from their patrol duties to perform was one of the last Bow Street Runners, was the first to suc-
investigations. cessfully identify a murderer from a spent bullet removed from
the victim’s body. He noticed that the bullet had similar charac-
Anthropometry and Dactylography teristics as bullets fired from the suspect’s gun. When con-
Some fundamentals of detective work were developed well fronted with the evidence, the suspect quickly confessed.76
over 100 years ago. Anthropometry (also known as Bertillon Near the turn of the twentieth century, Paul Jeserich, a German
measurements), a technique for identifying people based on chemist, testified against a murder defendant on the grounds
their body measurements, was developed in 1882. Alphonse that the bullet pulled from the victim matched that fired from
Bertillon, who developed this technique, concluded that if the defendant’s gun.77 Firearms identification gained popular-
just 11 measurements were taken on a person, the odds of ity in the early 1900s. The first permanent crime laboratory
finding someone with similar measurements were 4,191,304 was established at the Northwestern University Law School
to 1.72 The problem, though, was in attempting to use these and was headed by a former army physician, Calvin Goddard,
measurements to identify those who would be most likely to who is credited with making firearms identification a
commit crime. science through his development of the bullet comparison
Bertillon successfully identified some criminals, but his microscope.78
ideas fell out of favor because they were inaccurate and a bit August Vollmer is credited with helping initiate the police
complicated. They were replaced with the more accurate iden- professionalism movement, but he also made his mark in early
tification practice of dactylography, or fingerprinting. Dacty- criminal investigations. Vollmer teamed up with a chemist from
lography was proposed for criminal investigation around 1880 the University of California, Berkeley, to help identify a poi-
in England,73 but knowledge of fingerprints far predated son that was allegedly used to murder someone. He also trained
the routine use of such prints to identify criminals. In the his officers in the identification and preservation of evidence
first century, for example, a Roman lawyer by the name of and established a forensics lab in Los Angeles. Vollmer’s part-
Quintilianus used a bloody fingerprint from what was appar- nership with the university prompted a number of scientists to
ently a crime scene to defend a child who was accused of become interested in criminal investigations.
murdering his father.74 Other influential figures of the early twentieth century
Throughout the 1880s, fingerprinting continued to gain included Albert Osborn, who wrote Questioned Documents,79
popularity as a valid technique for identifying criminal per- an important work intended to assist in the identification of fab-
petrators. Once it was accepted practice (in the mid-1890s), ricated and falsified papers and records, and Leone Lattes, who
it was successfully used in a number of high-profile contexts. pioneered a blood-typing procedure that assisted in the identifi-
For example, in 1904, Detective Sergeant Joseph Faurot of cation of criminals.80
Investigations 121
Determining whether a The reporting of an alleged crime and the completion of a report by the
crime has been committed responding officer does not necessarily mean that a crime has actually
been committed. Consider, for instance, a reported sexual assault. Has it
actually occurred, or is it a falsified claim made by a vindictive lover?
Thorough investigations are often needed to sort out the truthfulness of
such reports when the credibility of the victim is in doubt.
Obtaining information and This is perhaps the most labor-intensive and least glamorous aspect of
evidence detective work. Untold hours of interviewing and questioning can lead to
a dead end.
Apprehending suspects Detectives, as sworn police officers, may elect to arrest the individual they
feel was responsible for the crime. Alternatively, they may seek a warrant
that would permit any duly authorized peace officer to make the arrest.
Recovering stolen property In cases of theft, detectives may spend a great deal of time recovering
stolen property so it can be used as part of a criminal prosecution before
being returned to its rightful owner.
Successfully presenting the One of the detective’s foremost responsibilities is presenting an airtight
case to the prosecutor case to the prosecutor so that the correct person can be held to answer
for the offense in question.
FIGURE 7–7 Investigative Goals.
often anything but exciting. Much investigation work is tedious

Investigative Goals and Process and plays out behind the scenes. It is also performed more often
In the world of mystery novels and television shows, the goal of by trained scientists than by police officers. These individuals,
investigations is to discover “whodunit.” In the real world, often labeled forensic experts, are adept at linking nearly all
though, the goals of detective work are much more complex conceivable forms of evidence to an alleged perpetrator. Exam-
(see Figure 7–7). ples of such experts include forensic pathologists, toxicologists,
Criminal investigations typically progress through two anthropologists, odontologists, psychiatrists, and serologists, to
stages: (1) the preliminary investigation and (2) the follow-up name just a few.
investigation. The preliminary investigation is the investigation The follow-up investigation proceeds through a few more
that plays out immediately after the incident is reported. steps, each with a common theme as noted in Figure 7–8.
In the vast majority of police departments, either line offi-
cers or detectives do all this work. In larger agencies, though,
dedicated crime scene investigators get involved, especially Undercover Work
in the search for forensic evidence. Generally speaking, evi- Undercover work is closely aligned with investigations.
dence is anything useful in a court of law that tends to prove Indeed, many detectives might as well be working undercover
or disprove the facts at issue. Physical evidence is evidence because they usually dress in street clothes. For the most part,
that consists of physical material or traces of physical activity. though, undercover work is common in the investigation and
The term forensic refers to that which (1) is of interest to the detection of vice crimes, particularly those involving the illicit
legal system or (2) must be adapted or suited to use through drug trade.
argumentation—that is, something that is not self-evident. For For obvious reasons, effective drug enforcement would be
purposes of policing, forensic evidence, therefore, is physi- impossible if it were performed solely by uniformed officers.
cal evidence whose usefulness in a court of law would not Police need to infiltrate the criminal underworld in order to
be immediately apparent to an untrained observer. Argument, successfully nab high-profile criminals. This is seductive work
usually through the application of accepted scientific tech- for a number of officers because of the thrill and autonomy
niques, is necessary to demonstrate the legal value of forensic it provides. As police scholar Ken Peak has observed, “Since
evidence. This is where crime scene investigators come on only a few officers are actually selected for undercover assign-
board. They often take trace evidence to a laboratory where ments, these officers enjoy a professional latitude in their
further testing is performed with the intent of identifying the roles, minimal departmental supervision, the ability to exercise
perpetrator. greater personal initiative, and a higher degree of professional
The job of crime scene investigators has of course been autonomy than regular patrol officers.”81 What attracts police
prominently featured on television programs like CSI. The officers to undercover work, though, can also be their undo-
show and its progeny portray the crime scene investigator’s life ing. Several potential problems are associated with working
as something of an exciting frontline occupation. In reality, it is undercover.

Preliminary Investigation Steps Follow-Up Investigation Steps
Attending to emergencies, such as a fleeing suspect Continuing the investigation. This stage, which
begins when preliminary work is done, includes
conducting follow-up interviews; developing a theory
of the crime; analyzing the significance of information
and evidence; continuing the search for witnesses;
contacting crime lab technicians and assessing their
Securing the scene analyses of the evidence; conducting surveillance,
interrogations, and polygraph tests, as appropriate;
and preparing the case for the prosecutor.
Measuring, photographing, and

videotaping the crime scene
Reconstructing the crime. The investigator seeks a
rational theory of the crime, using inductive reasoning.
The collected information and evidence are carefully
analyzed to develop a theory. Often, a rational theory
of a crime is developed with some assistance from
Searching for evidence the careless criminal. Verbrecherpech, or “criminal’s
bad luck,” is an unconscious act of self-betrayal.
One of the major traits of criminals is vanity; their
belief in their own cleverness is the key factor in their
leaving a vital clue. Investigators look for mistakes.
Identifying, collecting, and examining physical

evidence (e.g., suspected weapons,
bloodstains, fingerprints, and hair samples)
Focusing the investigation. When this stage is

reached, all investigative efforts are directed toward
proving that one suspect or group of suspects is
guilty of the crime. This decision is based on the
Questioning victims, witnesses, investigator’s analysis of the relationship among the
possible witnesses, and suspects crime, the investigation, and the habits and attitudes
of the suspect or suspects.ii
Recording all statements given for

later inclusion in the written reporti
FIGURE 7–8 Preliminary and Follow-Up Investigation Steps.

Source: I. K.M. Hess and H.M. Wrobleski, Police Operations: Theory and Practice, 4th ed. (Belmont, CA: Wadsworth, 2006),
p. 319. II. P.B. Weston and K.M. Wells, Criminal Investigation: Basic Perspectives, 4th ed. (Englewood Cliffs, NJ: Prentice Hall,
1986), pp. 5–10.
Problems with Undercover Work also a strain on their personal relationships. One study revealed,
The lack of supervision and the procedural flexibility that go for instance, that the number of undercover assignments expe-
with undercover work can diminish some officers’ respect for rienced in an officer’s career was associated with problems
procedural rules or tempt them with a number of criminal like drug use, alcohol abuse, and disciplinary actions.82 While
“perks.” The money that changes hands in the illegal drug trade, many officers emerge from undercover work unscathed, not
for example, can be all too enticing to civil servants who aren’t all do. For example, a California police officer who went deep
necessarily well paid. undercover with the notorious Hell’s Angels motorcycle gang
Undercover work also calls for long and unpredictable hours, ultimately became hooked on drugs, resigned from the force,
which can place not just a physiological strain on officers but robbed banks, and was sentenced to prison.83FIGURE
Investigations 123
THE CASE
High-Tech Innovation Meets Law Enforcement
Drones became important assets in the wars in Iraq and
Afghanistan. They have also been used for years to assist in
patrolling the U.S.–Mexico border. More recently, they have been
entering into domestic law enforcement use, such as for search-
and-rescue operations or performing reconnaissance ahead of
raids. Ordinary citizens can readily access drones, too, albeit
cheaper and less sophisticated versions of what government
Paul Fleet/Shutterstock
officials typically use. Drones have become so popular that
privacy advocates have sounded the call for tight regulations.
The Federal Aviation Administration has enacted a number of
rules restricting the activities of what it calls “unmanned aircraft,
and now requires drone owners to register such devices.84”
States, however, are also leading the charge with new laws and
legislative proposals intended to place limits on drone use.
Some efforts have also been made to curtail unrestricted law
not-too-distant future. But even if legislatures and courts
enforcement use, such as by requiring police agencies to secure
place strict limitations on drone use in domestic law
warrants based on probable cause before flying drones over
enforcement, civilian use remains an issue. Citizens are not
private property. Other proposals have called for warrant require-
bound by the same constitutional restrictions as the govern-
ments any time a drone is used. Some enforcement agencies
ment. That, coupled with the increased accessibility to the
have faced so much backlash from concerned citizens that they
technology (many drones are homemade), means it is not
have returned their new equipment to the manufacturers.85
difficult to imagine a situation in which drones armed with
High courts have yet to answer questions about the constitu- high-definition cameras fly across neighborhoods engaged
tionality of drone use, but that will likely change in the in all manner of surveillance.
This article raises several important questions:

1. Should drones be used by domestic law enforcement? If so, for what kinds of purposes?
2. What are the constitutional issues involved when drones are used by enforcement agencies?
3. Can the use of drones effectively deter criminals?
4. Can technology ever replace good old-fashioned police work?
5. What limits, if any, should be placed on law enforcement drone activities?

C hapter 7 Core Police Functions
Learning Identify the different types of police 1. What are the main crime-prevention activities the
Outcomes missions. police engage in?
1 The police mission involves five elements: 2. What is the most important element of the police
(1) enforce and support the law, (2) investigate mission? Why?
crimes and apprehend offenders, (3) prevent crime,
(4) help ensure domestic peace and tranquility, and
(5) provide local communities, states, and the nation
with needed enforcement-related services.
Learning Describe the types of patrol, methods of directed patrol A form of patrol that involves concentrating the police
Outcomes patrol, the response role, and the traffic presence in areas where certain crimes are a significant problem.
2 function. hot spot A concentrated area of significant criminal activity, such as a
Preventive patrol refers to the practice of can- street corner known for its prostitution traffic.
vassing neighborhoods in an effort to discourage people hot time A period during the day when crime is particularly problematic,
from committing crime. Directed patrol addresses crime in such as after dark on a Friday night.
hot spots. Crackdowns, where police officers target a par- crime peak A time of day when a particular crime increases in frequency.
ticular area, are the most common example of this. Proac- saturation patrol A form of patrol that involves concentrating the police
tive patrol refers to targeting specific offenses or presence in a certain area in an effort to catch criminals and to deter
offenders. Examples include targeting drunk drivers or would-be offenders.
identifiable repeat offenders. Incident response, which
focused patrol A form of patrol that focuses police efforts on certain
often involves patrol units, includes both emergency
problems, locations, or times.
response and routine incident response. Traffic enforce-
ment consists of enforcing applicable traffic laws, relieving foot patrol The oldest method of police patrol, which entails officers
congestion, and reducing accidents. walking through neighborhoods. Foot patrol tends to enhance rapport
between citizens and officers, but it clearly limits an officer’s ability to give
1. Distinguish among preventive patrol, the response role, chase if the need arises.
and the traffic function in policing. Summarize the lead-
Office of Community Oriented Policing Services (COPS Office) An
ing issues associated with each.
agency within the U.S. Department of Justice tasked with administering
2. Distinguish between directed patrol and proactive polic- and supervising federal funds allocated to improve community policing
ing. In your opinion, which approach is better? capabilities.
3. How does the use of racial profiling impact policing? response time The time it takes for police officers to respond to a call for
Are there some situations in policing in which race service.
might provide valuable clues in crime prevention or pretext stop A traffic stop based on more than one motive. For example,
offender apprehension? an officer stops a vehicle for a legitimate reason but is also suspicious
about the driver.
preventive patrol The practice of canvassing neighborhoods in an effort racial profiling The use of discretionary authority by law enforcement offi-
to discourage people from committing crime. cers in encounters with minority motorists, typically within the context of a
deterrence theory A perspective that holds that crime will be less likely traffic stop, that results in the disparate treatment of minorities.
to occur when the potential for getting caught outweighs any likely bene-
fits from breaking the law.
Learning Describe the function of peacekeeping and 3. What is a quality-of-life offense? How does the concept
Outcomes order maintenance. of quality-of-life offenses fit in with the broken windows
3 Peacekeeping and order maintenance policing model of policing?
involve the management of disorder, quality-of-
life policing, and the management of civil disobedience quality-of-life offense A minor law violation that demoralizes
and crisis situations. residents and businesspeople by creating disorder. Sometimes called
1. How does the peacekeeping and order maintenance petty crime.
role frequently manifest itself? broken windows model A model of policing based on the notion that
2. What is meant by the “broken windows” model of polic- physical decay in a community (e.g., litter and abandoned buildings)
ing? How can the broken windows model lead to lower can breed disorder and lead to crime by signaling that laws are not
crime rates?

being enforced. Such decay is thought to push law-abiding citizens to agencies can create an environment in which serious crime cannot eas-
withdraw from the streets, which signals that lawbreakers can operate ily flourish.
freely. The model suggests that by encouraging the repair of run-down civil disobedience Law-breaking used as a political tactic to prove a
buildings and by controlling disorderly behavior in public spaces, police point or to protest against something.
Learning Summarize the evolution of investigations, 5. Is undercover work more dangerous than other kinds of
Outcomes including investigative goals, processes, police work? Why or why not?
4 and undercover work. 6. Are undercover officers more likely to go rouge than
Police investigative goals include determining other officers? Why or why not?
whether a crime has actually been committed, gathering 7. How can potential problems associated with undercover
information and evidence, apprehending suspects, recover- work best be addressed?
ing stolen property, and successfully presenting the case
to the prosecutor. Criminal investigations typically progress
through two stages: (1) the preliminary investigation and criminalistics The use of technology in the service of criminal investigation;
(2) the follow-up investigation—each of which has its own the application of scientific techniques to the detection and evaluation of
substages. Undercover work is common in policing today, criminal evidence.
but as this chapter notes, it is especially challenging trace evidence Minute, nearly invisible evidence of a crime that would
because it may tempt officers to break the law and can escape all but the most skilled investigators.
strain personal relationships. anthropometry A technique developed by Alphonse Bertillon in 1882 for
1. What are the investigative goals identified by this identifying people based on their body measurements. Also called
chapter? Bertillon measurements.
2. What is involved in the investigative process? dactylography An early name for fingerprinting.
3. What stages characterize the investigative process? forensic evidence Physical evidence whose usefulness in a court of law
may not be immediately apparent to an untrained observer but can be
4. What are the possible problems associated with demonstrated through the application of accepted scientific techniques.
undercover work?
References
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6 See S. P. Lab, Crime prevention at a crossroads (Cincinnati: 15 S. Slahor, “MEU: Mounted units for crowd control,” Law
Anderson, 1997). and Order, October 2001, pp. 234–37, quote on p. 237.
7 R. H. Langworthy and L. P. Travis III, Policing in America: 16 http://www.governing.com/gov-data/safety-justice/
A balance of forces, 2nd ed. (Upper Saddle River, police-officers-per-capita-rates-employment-for-city-
NJ: Prentice Hall, 1999), p. 194. departments.html (accessed January 15, 2016).
8 L. Mazerolle et al., “Managing citizen calls to the police: 17 City crime rankings, 2014 (Washington, DC: CQ Press,
An assessment of nonemergency call systems,” 2013), available at http://www.cqpress.com/pages/
Criminology, vol. 2, no. 1 (2002), pp. 97–124. cc2014 (accessed January 15, 2016).
9 Ibid. 18 S. Walker, Sense and nonsense about crime and drugs:
10 Terence Dunworth, “Criminal justice and the IT revolu- A policy guide, 5th ed. (Belmont, CA: Wadsworth, 2001),
tion,” in Criminal justice 2000 (Washington, DC: National p. 81.

19 Ibid. from Florida (1980–1998),” Journal of Criminal Justice,
20 George L. Kelling, Tony Pate, Duane Diekman, and vol. 30 (2002), pp. 65–76.
Charles E. Brown, The Kansas City Preventive Patrol 25 S. Cameron, “The economics of crime deterrence: A
Experiment: A summary report (Washington, DC: The survey of theory and evidence,” Kyklos, vol. 41 (1988),
Police Foundation, 1974). pp. 301–23.
21 Samuel Walker, Sense and nonsense about crime and 26 Marvell and Moody, “Specification problems, police lev-
drugs: A policy guide, 5th ed. (Belmont, CA: Wadsworth, els, and crime rates.”
2001), p. 81. 27 Ibid.
22 George L. Kelling, Tony Pate, Duane Diekman, and 28 Ibid, p. 640.
Charles E. Brown, “The Kansas City Preventive Patrol 29 Jihong “Solomon” Zhao, Matthew C. Scheider, and Quint
Experiment: A summary report,” in What works in Thurman, “Funding community policing to reduce crime:
policing, ed. David Bayley (New York: Oxford University Have COPS grants made a difference?” Criminology and
Press, 1998), p. 49. Public Policy, vol. 2 (2002), pp. 732.
23 R. C. Larson, “What happened to patrol operations in 30 See J. L. Worrall and T. V. Kovandzic, “COPS grants and
Kansas City? A review of the Kansas City Preventive crime revisited,” Criminology, vol. 45 (2007), pp. 159–
Patrol Experiment,” Journal of Criminal Justice, vol. 3 90; but also see W. N. Evans and E. Owens, “Cops and
(1975), pp. 267–97. crime,” Journal of Public Economics, vol. 91 (2007),
24 Illustrative examples include R. W. Bahl, R. G. Gustely, pp. 181–201.
and M. J. Wasylenko, “The determinants of local 31 Much of this material is adapted from Walker, Sense and
government police expenditure: A public employment nonsense about crime and drugs.
approach,” National Tax Journal, vol. 31 (1978),
32 Ibid., p. 86.
pp. 64–79; D. H. Bayley, Patterns of policing: A compara-
tive international analysis (New Brunswick, NJ: Rutgers 33 W. K. Rashbaum, “Response time to police calls is 29%
University Press, 1985); R. A. Carr-Hill and N. H. Stern, faster,” New York Times, September 26, 2002, p. B1.
“An economic model of the supply and control of 34 Details for this story come from K. Streeter, “Girl, 2, res-
recorded offenses in England and Wales,” Journal of Pub- cued from washer,” Los Angeles Times, May 26, 2003,
lic Economics, vol. 2 (1973), pp. 289–313; C. Cornwell http://articles.latimes.com/2003/may/26/local/
and W. M. Trumbell, “Estimating the economic model of me-laundry26 (accessed January 15, 2016).
crime with panel data,” Review of Economics and Statis- 35 See M. S. Scott, Problem-oriented policing: Reflections
tics, vol. 72 (1994), pp. 360–66; I. Ehrlich, “Participa- on the first 20 years (Washington, DC: Office of Commu-
tion in illegal activities: A theoretical and empirical nity Oriented Policing Services, 2000), p. 87, from which
investigation,” Journal of Political Economy, vol. 81 much of this material is adapted.
(1973), pp. 521–67; J. A. Fox, “Crime trends and police 36 G. Carrick, “Traffic safety in the new millennium,” Law
expenditures: An investigation of the lag structure,” and Order, April 2003, pp. 44–50.
Evaluation Quarterly, vol. 3 (1979), pp. 41–58; D. F. 37 Whren v. United States, 517 U.S. 806 (1996).
Greenberg, R. C. Kessler, and C. Loftin, “The effect of
38 Maryland v. Wilson, 519 U.S. 408, 410 (1997), and
police employment on crime,” Criminology, vol. 21
Pennsylvania v. Mimms, 434 U.S. 106, 111 (1977).
(1983), pp. 375–94; S. Hakim, “The attraction of prop-
erty crimes to suburban localities: A revised economic 39 Ohio v. Robinette, 519 U.S. 33 (1996).
model,” Urban Studies, vol. 17 (1980), pp. 265–76; 40 Horton v. California, 496 U.S. 128, 133–37 (1990).
C. R. Huff and J. M. Stahura, “Police employment and 41 Michigan v. Long, 463 U.S. 1032, 1035 (1983).
suburban crime,” Criminology, vol. 17 (1980), pp. 461– 42 New York v. Belton, 453 U.S. 454, 460 (1981).
70; K. C. Land and M. Felson, “A general framework for
43 C. Batton and C. Kadleck, “Theoretical and methodologi-
building dynamic macro social indicator models, includ-
cal issues in racial profiling research,” Police Quarterly,
ing an analysis of changes in crime rates and police
March 2004, pp. 30–64.
expenditures,” American Journal of Sociology, vol. 82
(1976), pp. 565–604; S. Levitt, “Using electoral cycles 44 See, e.g., “Driving while black: Study shows minorities
in police hiring to estimate the effect of police on crime,” more likely to question why police stopped them, how
American Economic Review, vol. 87 (1997), pp. 270–91; they were treated,” Ohio State Research, February 10,
C. Loftin and D. McDowall, “The police, crime, and eco- 2003, available at http://researchnews.osu.edu/
nomic theory: An assessment,” American Sociological archive/dwbstudy.htm (accessed January 15, 2016).
Review, vol. 47 (1982), pp. 393–401; Thomas B. Marvell 45 Whren v. United States (1996).
and Carlisle E. Moody, “Specification problems, police 46 R. S. Engel and J. M. Calnon, “Examining the influence
levels and crime rates,” Criminology, vol. 34 (1996), of drivers’ characteristics during stops with the police:
pp. 609–46; T. V. Kovandzic and J. J. Sloan, “Police lev- Results from a national survey,” Justice Quarterly,
els and crime rates revisited: A county level analysis March 2004, pp. 49–90, quote on p. 49.

47 J. Rojek, R. Rosenfeld, and S. Decker, “The influence 66 Ibid.
of driver’s race on traffic stops in Missouri,” Police 67 K. M. Hess and H. M. Wrobleski, Police operations:
Quarterly, March 2004, pp. 126–47, quote on p. 143. Theory and practice, 4th ed. (Belmont, CA: Wadsworth,
48 J. Nislow, “Are Americans ready to buy into racial profil- 2006), pp. 188–89.
ing?” Law Enforcement News, October 15, 2001, p. 11. 68 C. A. Rohr, “Training for managing crowds and respond-
49 Ibid. ing to civil disobediences,” Police Chief, October 2001,
50 J. Lowy, “Traffic accidents in the U.S. cost $871 billion pp. 10–11, especially p. 10.
a year, federal study finds,” Associated Press, May 29, 69 President’s Task Force on 21st Century Policing, Final
2014, http://www.pbs.org/newshour/rundown/motor- report of the President’s Task Force on 21st Century
vehicle-crashes-u-s-cost-871-billion-year-federal-study- Policing (Washington, DC: Office of Community Oriented
finds/ (accessed January 15, 2016). Policing Services, 2015), p. 20.
51 H. E. Cauvin, “D.C. ordered to pay in police chase: 70 Ibid.
Woman maimed in crash is awarded almost $1 million,” 71 P. W. Greenwood and J. Petersilia, The criminal investiga-
Washington Post, December 14, 2006, p. B1. tion process, vol. 1, Summary and policy implications
52 G. P. Alpert, Police pursuit: Policies and training (Washington, (Santa Monica, CA: RAND, 1975).
DC: National Institute of Justice, 1997), p. 1. 72 J. Thorwald, The century of the detective (New York:
53 G. P. Alpert et al., Police pursuits: What we know Harcourt, Brace, and World, 1965), pp. 9–10.
(Washington, DC: Police Executive Research Forum, 2000). 73 Ibid., p. 62.
54 Alpert, Police pursuit, p. 4. 74 A. L. Califana and J. S. Levkov, Criminalistics for the law
55 Ibid. enforcement officer (New York: McGraw-Hill, 1978),
56 Ibid., p. 3. p. 20.
57 Ibid. 75 J. Thorwald, The marks of Cain (London: Thames and
Hudson, 1965), pp. 78–79.
58 See www.starchase.com (accessed January 15, 2016).
76 Ibid., pp. 87–88.
59 Other violations may be involved as well. On December
29, 2000, for example, Judge John S. Martin, Jr., of the 77 Ibid., p. 164.
Federal District Court in Manhattan, ruled that homeless 78 C. R. Swanson, N. C. Chamelin, and L. Territo, Criminal
people in New York City could be arrested for sleeping in investigation, 4th ed. (New York: Random House, 1988),
cardboard boxes in public. Judge Martin held that a city p. 19.
sanitation department regulation barring people from 79 A. S. Osborn, Questioned documents: A study of
abandoning cars or boxes on city streets could be questioned documents with an outline of methods
applied to the homeless who were sleeping in boxes. by which the facts may be discovered and shown
60 For example, Norman Siegel, executive director of the (Rochester, NY: The Lawyers’ Co-operative Publishing
New York Civil Liberties Union, as reported in “Quality of Co., 1910).
life offenses targeted,” Western Queens Gazette, Novem- 80 P. R. DeForest, R. E. Gaensslen, and H. C. Lee, Forensic
ber 22, 2000, www.qgazette.com/News/2000/1122/ science: An introduction to criminalistics (New York:
Editorial_pages/e01.html (accessed January 15, 2016). McGraw-Hill, 1983), p. 19.
61 The broken windows thesis was first suggested by 81 K. J. Peak, Policing America: Methods, issues,
G. L. Kelling and J. Q. Wilson in “Broken windows: The challenges, 5th ed. (Upper Saddle River, NJ: Prentice
police and neighborhood safety,” Atlantic Monthly, Hall, 2006).
March 1982. 82 M. Girodo, “Drug corruption in undercover agents:
62 For a critique of the broken windows thesis, see Measuring the risk,” Behavioral Sciences and the Law,
B. E. Harcourt, Illusion of order: The false promise of vol. 3 (1991), pp. 299–308.
broken windows policing (Cambridge, MA: Harvard 83 G. T. Marx, “Who really gets stung? Some issues raised
University Press, 2001). by the new police undercover work,” in Moral issues in
63 P. Schuler, “Law professor Harcourt challenges popular police work, eds. F. Ellison and M. Feldberg (Totowa,
policing method, gun violence interventions,” Chicago NJ: Bowman and Allanheld, 1988), pp. 99–128.
Chronicle, March 20, 2003. 84 www.faa.gov/about/initiatives/uas/uas_faq (accessed
64 G. L. Kelling, C. M. Coles, and J. Q. Wilson, Fixing broken November 6, 2016).
windows: Restoring order and reducing crime in our com- 85 Seattle is one such city. See www.slate.com/articles/
munities (repr., New York: Touchstone, 1998). technology/future_tense/2013/02/domestic_
65 C. R. Swanson, L. Territo, and R. W. Taylor, Police admin- surveillance_drone_bans_are_sweeping_the_nation.html
istration: Structures, processes, and behavior, 4th ed. (accessed November 6, 2013).
(Upper Saddle River, NJ: Prentice Hall, 1998), p. 1.

Community Policing and
8
Community Involvement
1 Describe community justice and problem-oriented

policing.
2 Discuss the emergence of community policing and

the extent of its application in American policing.
3 Distinguish between citizen involvement in policing

and civilianization.
4 Define third-party policing and provide some

examples.
Peter Steiner/Alamy Stock Photo
Intro Encouraging Cops to Live in the Cities
they Serve
Chapter 1 began with a story about the 2015 report of
the President’s Task Force on 21st Century Policing.1 That
story focused on the important law enforcement role of
police officers as guardians of public safety, and con-
trasted it with the more traditional, and often-times prob-
lematic, concept of police as warriors against evil-doers.
Jim West/Alamy Stock Photo

The President’s report also recognized that the police
can’t “go it alone,” and stressed the importance of com-
munity partnerships as the backbone of successful police
work. The report offered police administrators what it
termed “Practical Next Steps to Get Started.” The recom-
mended steps toward better community involvement are:
• Conduct community surveys, forums, and town hall
meetings on a regular basis, not just in a crisis.
• Encourage regular officer participation in neighbor-
hood or school meetings. • Measure and reward nonenforcement community
• Form community advisory groups (general or popula- contacts.
tion specific). We begin this chapter with section of background infor-
• Participate in positive interactions with the commu- mation that puts recent developments in context. The
nity that do not involve an enforcement action or rest of the chapter is organized into three key sections
investigation. on community policing, citizen involvement in policing,
• Involve community members in discussing policing and third-party policing. Whereas Chapter 7 covered the
tactics and designing problem-solving strategies. traditional aspects of policing, this chapter shifts atten-
• Adjust patrol schedules to allow time for interactions tion to relatively innovative, creative, and otherwise non-
with the community. traditional forms of police work.
▶ Community Justice and Problem-Oriented Policing

The idea of reaching out to the community in an effort to
improve relationships with citizens and to put citizens in closer Community Justice
touch with criminal justice professionals is part of a larger Community justice is a rela-
LEARNING Describe community
community justice movement that has been under way for tively new and innovative set OUTCOMES justice and problem-
some time now. Prosecutors, for example, have begun to pursue of ideas about how the goals 1 oriented policing.
many of the same proactive, preventive, and creative crime- of the criminal justice system
control strategies as those in which the police are engaged. In can be achieved. Further,
“community prosecution,” as attorneys call it, prosecutors do community justice assumes that custom-fit crime control is
much more than just charge suspected criminals and bring better than the traditional approach, which is increasingly
them to court. criticized as unimaginative. In addition, community justice
Closely connected to community involvement and com- emphasizes that criminal justice agencies (police, courts, and
munity policing is the idea of problem-oriented policing, corrections) cannot accomplish crime control alone; commu-
which emerged at roughly the same time as the strategies nity participation is essential.
we cover in this chapter. It is worth discussing separately, Outside of the policing context, community justice has
however, because it is the glue that holds a number of recent manifested itself in our nation’s courts, particularly through
developments together. The idea that policing (and criminal the creation of so-called community courts and other problem-
justice in general) should be geared toward the identification solving courts, including drug courts, domestic violence courts,
and solution of root problems in the community is a relatively teen courts, and reentry courts. Corrections agencies are also
recent one. Still, it explains why police want to strengthen ties doing community justice as we have just defined it. Approaches
with the communities they serve and why police departments like restorative justice fit the community justice model, as do
want to provide citizens with a window into the law enforce- partnerships between probation, parole, and private companies,
ment world. such as treatment facilities.
130 Chapter 8 Community Policing and Community Involvement

Problem-Oriented
Policing
Community Justice
Problem-oriented policing is, as Favors original, nontraditional approaches to crime control that draw
the term suggests, policing that heavily on input and cooperation from members of the community
is oriented toward problem solv-
ing. Problem-oriented policing Community Policing
involves identifying areas, times Simply a part of this larger community justice movement
of days, specific crimes, individ-
uals, and the like that are particu- Problem-Oriented Policing
larly troublesome and then Geared toward identifying and solving particular and specific
crafting a creative solution to problems—from serious ones, such as gang shootings in one part of
2 town, to minor ones, such as panhandlers bothering visitors at a local park
these problems.
Problem-oriented policing is
the brainchild of law professor
(emeritus) Herman Goldstein
and shares much in common
with some of the policing strat-
egies discussed in the previous
chapter.3 For example, problem-
oriented policing resembles FIGURE 8–1 Relationships between Community Justice, Community Policing, and Problem-Oriented Policing.
directed patrol because it empha- Source: John L. Worrall, Crime Control in America: What Works?, 3rd ed., © 2015. Reprinted and
electronically reproduced by permission of Pearson Education, Inc., New York, NY.
sizes direction and purpose, not
just random and reactive patrol.
Problem-oriented policing also resembles community policing
because it usually relies on input from citizens to help iden-
tify problems. Indeed, some of the time the terms community ▶ Community Policing
policing and problem-oriented policing are used interchange- Community policing emerged in the wake of the reform era dis-
ably. Much of the time, though, problem solving is viewed as a cussed in Chapter 1. The reform era hasn’t disappeared; there is
separate strategy unto itself. much that occurs in the world of policing that is consistent with
There are at least two ways to distinguish between com- the ideas set forth by August Vollmer, O. W. Wilson, and others.
munity policing and problem-oriented policing. First, problem- Some not-so-desirable aspects of police professionalism, how-
oriented policing is, as Arizona State University criminology ever, have been replaced with something new.
professor Mike Reisig has observed, “an analytic framework What were some of the not-so-desirable aspects of reform
used by police to identify and solve problems that result in era policing? First, as we have seen, police research has revealed
repeated calls for service.”4 This often occurs independent of that preventive patrol wasn’t
LEARNING Discuss the emergence
contact with citizens. In contrast, for policing to be truly com- particularly effective. Also, OUTCOMES of community policing
munity oriented, it must include some degree of citizen involve- as we have already seen, the 2 and the extent of its
ment. Another, perhaps more controversial way to distinguish 1960s witnessed a great deal application in American
between both approaches is to say that community policing of strain in relationships policing.
focuses on citizen involvement and satisfaction as an end in between the police and the
itself, and problem-oriented policing is concerned with achiev- public. At the same time, the police came to realize that they
ing a swift reduction in crime. couldn’t reduce crime by their own efforts alone. Community
Despite problem-oriented policing’s differences from era reformers sought authorization from community members
community policing and community justice, it is still useful and extensive citizen support; a broad mandate that stressed
to think of it as a part of both movements because problem the provision of services; a decentralized, responsive organiza-
solving is a central feature of community policing and com- tional structure; and improved relationships with citizens. These
munity justice. All three approaches necessitate an understand- strong ties would be achieved through foot patrol, problem solv-
ing of the geographic area, an in-depth understanding of the ing, quality-of-life preservation, and a host of other tactics—all
problems, and some degree of familiarity with the people in of which were designed to ensure citizen satisfaction.
the areas where the problems occur. It is possible, of course, The sentiments of the community era were perhaps most
for problem-oriented policing to have no community involve- clearly expressed in an important article authored by John
ment (direct or indirect), but true problem-oriented policing Angell, a community policing innovator, during the early
almost requires some outreach and relationship building with 1970s.5 He argued that traditional police departments—and
the community. See Figure 8–1 for a summary of the relation- particularly their paramilitary organization and structure—are
ships between community justice, community policing, and culture bound, that police bureaucracy is inconsistent with
problem-oriented policing. the humanistic democratic values of the United States, that it

demands that employees demonstrate “immature” personality o rganizations may have adopted community policing for selfish
traits, and that it cannot cope with environmental pressures. The reasons, such as to make rank-and-file officers more content
community model, he said, would (1) improve community rela- with their jobs.12 A professional ethic or a desire to emulate
tions, which suffered under the bureaucratic paramilitary model progressive police agencies could also be responsible for the
of law enforcement; (2) improve officers’ morale by allowing current and widespread diffusion of community policing.
them a measure of flexibility in the performance of their duties; Perhaps more cynically, community policing may be a
and (3) improve interagency coordination. means of changing the goals of police work (e.g., from crime
There is more to the emergence of community policing than control to service), of shaping public opinion instead of
we have presented thus far. Some have argued, for instance, that responding to it,13 or of deflecting attention away from law
it has emerged for less-than-noble purposes. It is also important enforcement officials.14 Fiscal constraints may have served as
to define community policing and, from a research standpoint, a powerful motivator. Political culture and community charac-
to gauge its true extent. We conclude by exploring the various teristics could also explain the origins of community policing.15
forms of community policing and looking at the compatibility How might community policing shape public opinion? By
of community policing and the “war on terror.” presenting officers in a favorable light, by making them look
good in the eyes of citizens, historically strained relationships
can improve. What about deflecting attention? Part of commu-
The Birth of Community Policing nity policing puts crime control at least partly in the hands of
The history of community policing is rich and nuanced. There citizens (as in neighborhood watch). Some have said, therefore,
has been a tendency to assume that community policing has that community policing passes the buck. And what about fis-
emerged for simple reasons, such as poor police–citizen rela- cal constraints? Some have argued that community policing is
tions, but there is a great deal more to the origins of the new a cheap alternative to more expensive innovations because, at
policing paradigm. Together, the explanations fall into two cat- its core, it is a philosophy, and a philosophical change is free.
egories: (1) those concerned directly with crime control and These and many other reasons to initiate community policing
(2) those involving other intentions. are summarized in Figure 8–2. Whatever the reasons for its
present popularity, community policing owes its origins to mul-
Crime Control tiple demands and historical contingencies.
A few writers have called attention to the many noble reasons
for the present community policing era. In a discussion con-
cerning the “drive for change,” one researcher identifies three Definitions of Community Policing
reasons for the changes that have occurred and those that are We are guilty of having talked about community policing with-
taking place now.6 The first reason, not surprisingly, is citizen out really defining it, but that is for good reason: It is difficult to
disenchantment with police services: “Minority citizens in define. Community policing is a relatively new approach to law
inner cities continue to be frustrated by police who whisk in enforcement that is premised on the assumption that the police
and out of their neighborhoods with little sensitivity to com- and citizens must work together to control crime.16 Unfortu-
7
munity norms and values.” nately, this short definition fails to adequately capture all of the
The second reason concerns social science
research undertaken in the 1970s. Specifically,
“research about preventive patrol, rapid response to
calls for service, and investigative work—the three 1. Citizen disenfranchisement with police services
mainstays of police tactics—was uniformly dis- 2. Research showing the ineffectiveness of random patrol and quick response times
8 3. Patrol officers’ frustration with the traditional reactive police role
couraging.” The third reason for reform suggests
4. Isolation of officers from citizens, largely owing to increased use of patrol vehicles
that “patrol officers have been frustrated with their 5. Narrow crime-fighting police image
9
traditional role” and that they began to demand 6. Overreliance on bureaucratic and paramilitary structure
improved methods of interacting with citizens. It 7. Overreliance on high-tech gadgetry that diminishes personal interactions
is sometimes felt that such an approach improves 8. Insulation of police administration from community input and accountability
police officer morale. Other authors have suggested 9. Concern about human rights
that community policing can be traced to two inter- 10. Failure of police to reach out to the community
related problems: the isolation of police officers in 11. Desire to appear “with it” and professional
patrol cars from citizens and the public’s fear of vic- 12. Desire to emulate other agencies
10 13. Need to change the goal of police work from crime control to service
timization and perceptions of a rising crime rate.
14. Need to reduce police officers’ workloads
More specifically, the authors claim that commu- 15. Desire to deflect attention from the police department to the community
nity policing “rose like a phoenix from the ashes of 16. Need to save money
burned cities.”11 17. Needs or wants of the community
18. Political culture of the surrounding area
Other Intentions 19. Desire to improve the police image
Is there more to the community policing movement 20. Desire to increase control over the community by adopting multiple strategies
than meets the eye? Some scholars believe there is.
For example, some have argued that police FIGURE 8–2 Twenty Reasons to Initiate Community Policing Services.

Definition Community policing is difficult to define; however, it is a reorientation of policing philosophy and strategy away from
the view that police alone can reduce crime, disorder, and fear. The strategy is based on the view that police don’t
help their communities very much by placing primary reliance on random preventive patrolling, rapid response to calls
for service irrespective of their urgency, postincident investigations to identify offenders, and other primarily reactive
criminal justice system tactics.
Five Perspectives 1. Deployment perspective—emphasizes the fact that police officers are deployed in a way that moves them closer
to citizens
2. Community revitalization—emphasizes the importance of the police and citizens working closely together to improve
neighborhoods and make them safer places
3. Problem-solving perspective—an approach in which citizens and police work together to identify and respond to
neighborhood problems
4. The customer—emphasizes the importance of the police listening to citizens and serving their needs
5. Legitimacy—emphasizes bolstering the credibility of the police through police–citizen partnerships
Four Dimensions 1. The philosophical dimension includes the ideas and beliefs surrounding a new paradigm of policing. Three ideas
underlying community policing are citizen input, an enhanced and broadened police function, and personal service.
2. The strategic dimension consists of “the key operational concepts that translate philosophy into action.” Community
policing strategies include reoriented operations (e.g., from cruiser patrol to foot patrol), geographic permanency
(assigning patrol officers to the same areas for extended periods of time), and an emphasis on crime prevention
(e.g., police officers acting as mentors and role models).
3. The tactical dimension is best understood as the inevitable outcome of the successful implementation of the first
two dimensions. “The tactical dimension of community policing ultimately translates ideas, philosophies, and
strategies into concrete programs, practices, and behaviors.” This dimension stresses constructive interactions
between the police and citizens, improved partnerships between law enforcement officials and the public, and
problem solving.
4. Finally, the organizational dimension, though not necessarily a fundamental part of community policing, is essential
to its development. The structure of police agencies and their management and information services need to be
adjusted to accommodate community policing through such changes as decentralization, strategic planning, and
program evaluation.
Extent The extent of community policing is widespread in that it is supported in the Violent Crime Control Act of 1994, which
led to the creation of the COPS Office in the U.S. Department of Justice, and to date, billions of dollars in grants to
local law enforcement agencies have been allocated to enhance their community policing capabilities.
FIGURE 8–3 Community Policing.

Sources: W. A. Geller and G. Swanger, Managing Innovation in Policing: The Untapped Potential of the Middle Manager (Washington, DC: Police Executive
Research Forum, 1995); G. W. Cordner, “Community policing: Elements and effects,” in Critical Issues in Policing: Contemporary readings, 3rd ed., R. G.
Dunham and G. P. Alpert (Prospect Heights, IL: Waveland, 1997), p. 452.
various aspects of community policing. A more comprehensive (1) research on structural changes to police departments and
definition is illustrated in Figure 8–3. (2) research on whether police officers themselves are support-
ive of community policing.
Community Policing Perspectives and Dimensions
According to the Police Executive Research Forum, commu- Structural Change
nity policing consists of five different “perspectives,”17 which Researchers have questioned whether police departments have
are noted in Figure 8–3. Professor Gary Cordner has identified actually changed their structure in ways that are consistent with
the philosophical, strategic, tactical, and organizational dimen- the spirit of community policing. A recent study on trends in
sions of community policing and has described some of the police agencies’ implementation of community policing from
common elements within each,18 which have also been noted in 1995 to 2000 is particularly revealing.19 The authors of that
Figure 8–3. study conclude, “Among organizational changes to support
community policing activities, the most rapidly growing were
those intended to signal change: revised mission statements and
The Extent of Community Policing new performance review criteria for community police offi-
The rhetoric of community policing has become more or less cers.”20 In other words, the study found that police departments
institutionalized in American policing. But is there more to were focusing on making mostly symbolic changes to show
community policing than the term itself? Is community polic- their acceptance of community policing.21
ing really being done, or do police departments just say they’re The author of another recent study reached the same con-
doing it? Two research focuses help us answer these questions: clusion: “The police still cling to an institutional definition that

stresses crime control and not prevention.”22 He also concludes training, and community partnerships affected officers’ patterns
that “by all available evidence, police organizations (their struc- of using coercion. Their analysis showed that none of these
tures, division of labor, and the like) have not been radically or variables had much effect on officers’ decisions to use coer-
even significantly altered in the era of community and problem- cion, again lending support to previous studies that showed that
oriented policing.”23 In short, many police agencies have police are resistant to change. These findings have been echoed
adopted the cosmetic tenets of community policing but within more recent studies.29
out altering their basic organizational structure in a meaningful
way that actually changes the substance of their performance.24
Additional research appears to confirm the discouraging news Critical Views of Community Policing
that structural change linked to community policing is frustrat- Some authors note that “community policing has become the
ingly slow and is failing to result in functional change.25 dominant theme of contemporary police reform in America,”30
yet problems have plagued the movement since its inception
Attitudinal Change (see Figure 8–4). As noted in Figure 8–4, recent findings con-
If American police agencies are slow to change in response to tinue to show that the attitudes of African-Americans toward
community policing, what about police officers themselves? the police remain poor. The wider reach of these studies, how-
Here is one author’s answer to this important question: ever, led evaluators to discover that this dissatisfaction may be
rooted in overall quality of life and type of neighborhood. 31
Police have a remarkable ability to wait out efforts to Because most African-Americans continue to experience a
reform them. Important aspects of police culture miti- lower quality of life than most other U.S. citizens and because
gate against change. Police resist the intrusion of civil- they often live in neighborhoods characterized by economic
ians (who “can’t really understand”) into their business. problems, drug trafficking, and street crime, recent studies con-
They fear that community troublemakers will take over clude that it is these conditions of life rather than race that are
the program and that people will seek to use police for most predictive of citizen dissatisfaction with the police.
their private purposes or for personal revenge. When Those who study community policing have often been sty-
police dislike changes proposed from within, they snort mied by ambiguity surrounding the concept of community.32
that the top brass are “out of touch with the street.”26 Sociologists, who sometimes define a community as “any
In short, police officers are resistant to change and, as the area in which members of a common culture share common
preceding passage suggests, will actively take steps to thwart interests,”33 tend to deny that a community needs to be limited
change. In fairness to law enforcement officials, other types geographically. Police departments, on the other hand, tend to
of agencies—especially public agencies—also respond slowly define communities “within jurisdictional, district or precinct
to change. Nevertheless, it seems that community policing is lines, or within the confines of public or private housing devel-
being resisted by police officers themselves. opments.”34 Robert Trojanowicz, a well-regarded community
Two researchers recently described the efforts to do commu- policing scholar, once cautioned police planners that “the
nity policing in two midsize U.S. cities.27 Those cities’ police impact of mass transit, mass communications and mass media
departments attempted four types of community policing: have widened the rift between a sense of community based on
participatory management, community policing training, the geography and one [based] on interest.”35
decentralization of certain police opera-
tions, and the creation of special com-
munity policing units. The authors then 1. 2.
tracked the opinions of the officers in The range, complexity, and evolving nature of Citizen satisfaction with police performance can
both cities over a six-year period. They community policing programs make their be difficult to conceptualize and quantify. Most
found that (1) a specialized community effectiveness difficult to measure. early studies examined how citizens’ attitudes
policing unit, not full-scale implemen- developed through face-to-face interaction with
individual police officers. They generally found
tation of community policing, is desir-
a far higher level of dissatisfaction with the
able because not all officers will buy in police among African-Americans than among
and that (2) despite the presence of dif- most other groups.
ferent community policing approaches,
much law enforcement business pro-
ceeded as it always had (e.g., routine 3. 4.
Sense of community is based more on interests Continuing evidence shows that not all police
patrol remained unchanged).
than geography. officers or managers are willing to accept
In another related study, research- nontraditional images of police work. Similarly,
ers sought to determine whether com- many officers are loathe to take on new
munity policing affects police officers’ responsibilities as service providers whose role
decisions to use coercion during is defined more by community needs and less
encounters with suspected criminals.28 by strict interpretation of the law.
Studying two cities, they focused in
particular on whether community polic-
ing assignments, community policing FIGURE 8–4 Critical Views of Community Policing.

Researchers who follow the police definition of commu- Some public officials, too, are unwilling to accept com-
nity recognize that there may be little consensus within and munity policing. For example, former New York City Mayor
between members of a local community about the communi- Rudolph W. Giuliani criticized the police department’s Com-
ty’s problems and about appropriate solutions. Robert Bohm munity Police Officer Program, saying that it “has resulted
and colleagues at the University of Central Florida have found, in officers doing too much social work and making too few
for example, that while there may be some “consensus about arrests.”41 Similarly, many citizens are not ready to accept
social problems and their solutions . . . the consensus may not a greater involvement of the police in their personal lives.
be community-wide.” It may, in fact, exist only among “a rela- Although the turbulent, protest-prone years of the 1960s and
tively small group of ‘active’ stakeholders who differ signifi- early 1970s are long gone, some groups remain suspicious of
cantly about the seriousness of most of the problems and the the police. No matter how inclusive community policing pro-
utility of some solutions.”36 grams become, it is doubtful that the gap between the police
Finally, there is continuing evidence that not all police offi- and the public will ever be entirely bridged. The police role of
cers or managers are willing to accept nontraditional images of restraining behavior that violates the law will always produce
police work. One reason is that the goals of community polic- friction between police departments and some segments of
ing often conflict with standard police performance criteria the community.
(such as arrests), leading to a perception among officers that
community policing is inefficient at best and a waste of time
at worst.37 Some authors have warned that police subculture Examples of Community Policing
(see Chapter 5) is so committed to a traditional view of police Community policing is practiced in more forms than we can
work, which is focused almost exclusively on crime fighting, possibly list here. The majority of community policing pro-
that efforts to promote community policing can demoralize an grams, though, can be placed into one of three categories. First,
entire department, rendering it ineffective at its basic tasks.38 As some are intended to encourage citizens to take an interest in
the Christopher Commission found following the Rodney King crime control. Others seek to communicate with and inform
riots, “Too many . . . patrol officers view citizens with resent- citizens. Finally, some programs expand police presence in the
ment and hostility; too many treat the public with rudeness and community, such as putting police in schools or on specialized
disrespect.”39 Some analysts warn that only when the formal patrols. These three categories are discussed in Figure 8–5. The
values espoused by today’s innovative police administrators following sections examine some of the more popular commu-
begin to match those of rank-and-file officers can any police nity policing methods and the research on their effectiveness.
agency begin to perform well in terms of community policing.40
Citizen Contact Patrol
One community policing approach that appears promising con-
Think About It . . . sists of door-to-door contacts by police officers. This is known
as citizen contact patrol.42 This occurs when police officers
Foot Patrol The notion of putting officers in close contact knock on people’s doors, introduce themselves, give out infor-
with citizens is desirable not just because of today’s prefer- mation, and otherwise try to make policing more personal in
ence for community policing but also because foot patrol nature. Police have also used this so-called citizen contact
is useful in some areas where car patrol is impossible. It is patrol to obtain information about who is carrying guns on the
quite likely that foot patrol works in some areas better street,43 to provide citizens with burglary reduction tips,44 and
than others. For example, pedestrian malls and downtown to offer advice to citizens about how to deal with domestic vio-
areas lend themselves more readily to foot patrol than lence problems.45
suburban and rural areas do. Clearly, it would be impracti- Researchers have found that such door-to-door visits result
cal to put officers on foot patrol in rural areas where they in decreased victimization. For example, at least two studies
have to cover thousands of square miles. Where might foot show that door-to-door visits by police led to reductions in
patrol be most effective? Explain. victimization.46 Two other studies found reductions in victim-
ization following door-to-door contacts, but the contacts were
supplemented with either storefronts (discussed later in this
section)47 or buy–bust operations.48 But three additional studies
show that door-to-door contacts led to no reductions in victim-
ization.49 Needless to say, these findings are conflicting. They
Tom Carter/Alamy Stock Photo
also make it difficult to draw conclusions about the effect of

door-to-door contacts by police on crime.
To sift through some of these conflicting studies, it is useful
to consider some of their specific findings. For example, one of
the studies showed that door-to-door contacts reduced victim-
ization but largely for vehicular burglaries and minor property
crimes.50 Another researcher concluded that door-to-door con-
tacts worked best in middle-class, predominantly white neigh-
borhoods.51

Mobilizing Citizens
Formal meetings between police and community members: identify and deal with
specific crime problems and locations. These meetings must be distinguished
from neighborhood watch programs.
Informing Citizens
Crime-control newsletters: Often contain information on recent developments at
the police department, crime statistics for the area, tips for avoiding victimization,
and so on.
Websites: Allow citizens to complete hot-spot reports of criminal activity online

and to submit noncriminal complaints electronically. At the same time, citizens
can learn about new approaches taken by the department, see pictures of
dangerous fugitives, view active warrants, and otherwise develop familiarity with
their local police department.
Television: Some police departments—mostly in the largest jurisdictions—actually

have their own community-access channel that broadcasts programs like “John
TV,” which shows the faces and names of men suspected of soliciting prostitutes.
Other programming includes television shows and TV advertisements designed to
improve public relations and public attitudes toward the local police force.
Engaging with Citizens

Improved police presence: For example, police officers are coming to occupy a
significant position in our nation’s schools. Police who work in schools are often
called school resource officers. They are represented by the National Association
of School Resource Officers. Police are also collaborating more with schools, and
some schools are opting to hire private security personnel to patrol campuses in
an effort to preserve a safe learning environment and provide security in response
to incidents like the infamous Columbine High School shooting.
FIGURE 8–5 Examples of Community Policing.
On the one hand, a citizen contact approach to the crime

problem has a slim chance of succeeding where it is needed
the most. On the other hand, it does not appear that citizens
Think About It . . .
in more disadvantaged areas received the treatment to begin Neighborhood Watch Neighborhood
with, so we cannot conclude with certainty that citizen contact watch programs are a very popular Sascha Burkard/Shutterstock
patrol is a crime control failure. Nor can we conclude that it example of community policing.
is a success. Throughout suburban neighborhoods
across the country, one encounters
Organizing Neighborhood Watch Programs signs announcing “Block Watch” and
Most people are familiar with neighborhood watch pro- similar programs, which are some-
grams. All one needs to do is drive through a suburban times started by neighborhood
neighborhood, and one will encounter signs highlighting residents and sometimes at the
“Block Watch” and similar programs. These and other neigh- urging of local police departments.
borhood watch programs are sometimes started by neighbor- Many communities still rely on neighborhood watch despite
hood residents; other times, they are started at the urging of evidence that it is not particularly effective. Why? Can you
local police departments. Most of the research in this area is think of other law enforcement initiatives that continue
concerned with the ability of the police to organize neigh- to be pursued despite evidence that they don’t work? If so,
borhood watch programs for the purpose of reducing crimi- which ones?
nal activity.

Unfortunately, the literature devoted to neighborhood Naturally, foot patrol works better in some areas than in
watch is almost uniformly unsupportive of this approach others. Pedestrian malls and downtown areas obviously lend
to America’s crime problem. One study out of M inneapolis themselves more readily to foot patrol than suburban and
sought to determine whether neighborhood watch (with and rural areas do. Other specialized patrols include bicycle
without police p articipation) reduced crime. Random assign- patrol and horse patrol.
ment was used, adding a level of sophistication to the study, The most researched type of specialized patrol is foot
but researchers found no effect on crime.52 One earlier study patrol, so we will focus on it here. Much research suggests
showed a link between neighborhood watch and a reduction that citizens are more likely to notice police when they patrol
in burglary for a period of 18 months,53 but this study appears on foot,60 and some research suggests that citizens are more
isolated. For example, researchers in C incinnati, Ohio, found satisfied with police following the implementation of foot
that neighborhood watches and other community- based patrol.61 But does this approach reduce crime? One study
organizations had no effect on crime.54 suggests that foot patrol was associated with a reduction in
Researchers have attributed these findings to reluctance such public order offenses as vagrancy, disorderly conduct,
among citizens to organize neighborhood watch programs in and vandalism.62 Another suggested that foot patrol in Flint,
poor, high-crime areas.55 This reluctance stems from either fear Michigan, reduced crime, but the authors of the study did
of the police or distrust between neighbors.56 To make matters not control for other factors that have been linked to reported
worse, researchers have found that in the areas where neigh- crime.63 In one of the most recent and sophisticated studies
borhood watch programs flourish (usually middle-class neigh- on the subject, researchers found that targeted foot patrols in
borhoods), the programs increase rather than decrease fear of crime hot spots led to significant reductions in violent crime
crime. This effect was also witnessed in a study of “apartment that lasted well after the intervention ended.64
watch,” the equivalent of neighborhood watch for apartments.57
The scientific literature thus appears to show that police officers
who work with citizens to organize neighborhood watch pro- Community Policing and Antiterrorism
grams in high-crime urban areas could better spend their time Community policing stresses improved relationships between
on other activities. police and citizens. The ongoing “war on terror,” however,
seems to place a strain on those relationships. The typical
Storefronts and Substations response to terrorism, particularly high terrorist alert levels,
Most of us have happened on a police information booth in a is to put more police on the streets, make more liberal use of
shopping mall or police officers occupying a building in a searches, and otherwise inconvenience people in the name of
strip mall. These storefronts and substations are consistent national security. These tactics are somewhat at odds with
with the spirit of community policing; they bring police offi- building relationships and improving police–community
cers into closer contact with citizens. The logic is that mem- bonds and contacts. Some have argued, though, that commu-
bers of the public might be more likely to talk with police nity policing is not at odds with antiterrorism efforts.
officers in a place that they frequent instead of having to According to Chuck Wexler, director of the Police Executive
physically go to the police station, which might be inconve- Research Forum,
niently located. The events of September 11, 2001, have changed the
Somewhat discouragingly, most research suggests that role of local police in America—perhaps forever. Local
the presence of police offices in storefronts and strip malls law enforcement faces the challenges of assuming more
does not affect crime.58 Indeed, there is not much convincing responsibility in countering domestic terrorism threats
evidence that such police substations are necessary to begin while continuing to address crime and disorder. Suc-
with; they tend to pop up in areas where they are needed the cess will depend on their ability to build on strong com-
least. Placing police officers in strip malls and storefronts munity policing networks for information exchange
might improve public perceptions of the police,59 but there and to maintain a collaborative problem-solving
is no evidence that much else is accomplished. Part of the approach to crime amid high anxiety and crisis. Now
reason for this might be that substations are largely infor- more than ever, departments need to adhere to commu-
mational and passive. That is, they are more often concerned nity problem-solving principles to decrease crime and
with providing information about crime control to the pub- disorder in their communities, increase their depart-
lic; comparatively little attention is given to proactive crime ments’ efficiency, and strengthen their relationships
control. Some substations are staffed by civilian personnel with citizens.65
or volunteers, making it doubtful that they could do much to
affect crime rates. Not everyone is so convinced, however. In fact, some have
argued that police departments that haven’t historically favored
Specialized Patrols community policing are using the “war on terror” as a reason to
Another community policing strategy consists of specialized scrap it.66 But they also argue that even in the face of resistance,
patrols. The most common is foot patrol. This is where offi- community policing is needed to succeed against terrorism:
cers get out of their cars and patrol their beats on foot in Few people outside the field know about the pitched
an effort to develop closer relationships with citizens. battle for the heart and soul of policing that has raged

over the past decade [the traditional bureaucratic model academy participants viewed the police more favorably after
versus community policing]. It is said that people get completing the program.72 Similar findings were reported in at
the police they deserve. If we are to maintain recent least two other studies.73
reductions in violent crime and uncover the terrorists Other researchers have been critical of citizen police acad-
living among us, while preserving the civil rights that emies. One researcher found that academy participants tend to
make our society special, we must insist on community be mostly community “elites” and that minorities are drasti-
policing now more than ever.67 cally underrepresented.74 The argument has also been raised
that citizen police academies—like citizen patrol programs—
perpetuate a traditional law enforcement strategy and may in
fact be antithetical to the spirit of community policing.75 This
▶ Citizen Involvement argument becomes quite convincing when police departments
and Civilianization teach civilians many law enforcement “tricks of the trade,” such
as self-defense techniques.
Thus far, we have examined community policing strategies
What can be gleaned from the literature on citizen police
that are operated largely by the police. The strategies covered
academies? They appear to improve public perceptions of and
are best considered one-way because the police develop or
attitudes toward the police, but people who participate in the
coordinate them. Moreover, they are one-way in the sense that
academies may already be more prone to viewing the police
the police are the ones who go out into the community to
favorably prior to enrolling in the curriculum. As far as the
work with citizens in numerous ways. An alternative to these
effect of citizen police academies on crime, there is no evidence
approaches is to bring citizens to the police. While programs
that there is any. In fact, there is a total lack of research on
of this type are still run and coordinated by the police, they
the subject. Regardless of this, the practice of giving citizens a
are different in that they allow citizens to view and participate
window into the law enforcement world is intended to do little
in the world of law enforcement.
more than improve the image of the police, and while there is
nothing particularly wrong with that, an improved police image
has no effect on crime.
Citizen Patrol and Citizen
Police Academies
There are hundreds, if not thousands, of citizen patrols Civilianization
around the United States.68 An example of a volunteer citizen Civilianization has been defined as a “law enforcement agen-
patrol that has received some attention is the Neighborhood cy’s hiring of nonsworn personnel to replace or augment its
Patrol Officers Program in corps of sworn officers, typically with the aims of reducing
LEARNING Distinguish between
OUTCOMES citizen involvement
Fort Worth, Texas.69 Started costs and improving service”76 (see Figure 8–6). This defi
3 in policing and in 1991, the program pro- nition makes it clear that civilianization is something dis-
civilianization. vided eight hours of training tinct from private security, private policing, and privatization
to volunteers on such topics in general.
as rules of conduct, liability Citizen patrol and citizen police academies have largely
issues, and legal considerations. Once training was com- different motivations than civilianization. Both get citizens
pleted, volunteers were issued an identification badge, a involved in policing-related functions by having them either
T-shirt, a hat, and a jacket. They also received police radios. actively patrol neighborhoods or experience policing life
Once trained and equipped, the volunteers used their own through a short mock academy. Civilianization, in contrast, is
vehicles to patrol neighborhoods, looking for evidence of done largely because it saves money. It is more expensive to
criminal activity. have a sworn officer handle department communications when
Many police departments also operate so-called citizen a civilian could just as easily be hired. A civilian doesn’t need to
police academies.70 Although the programs differ to some go through the police academy or use the expensive specialized
extent, all of them possess a common element: Citizens are equipment that a sworn officer needs.
given an opportunity to learn about the policing profession At the same time, civilianization may not be all about cost
and even to experience some of the same sensations that savings. Expanded citizen hiring is a sign of a progressive,
uniformed officers experience.71 Sometimes citizens even change-oriented agency. As American University professor
learn to use firearms and otherwise defend themselves from Brian Forst has observed, “While some tradition-bound police
victimization. executives have been reluctant to transfer a variety of support
It is tempting to ask whether citizen police academies work, functions to civilians, it has become increasingly clear that
but in order to answer this question, we must first understand civilians tend to perform certain specialized roles more effec-
their purpose. While some critics find it difficult to fathom any tively than sworn officers.”77 Dispatch functions were largely
crime-reduction benefits due to citizen police academies, that performed by sworn officers during the 1960s; now dispatch is
is not their direct goal. Rather, the academies are intended to almost exclusively performed by nonsworn personnel. Hiring
affect citizens’ perceptions of the police rather than to reduce more civilians also creates an air of openness consistent with
crime, and that is what the research suggests they accom- the community policing ideals of involving more and more citi-
plish. The authors of one recent study found that citizen police zens in crime-control functions.

Civilianization
Civilians are hired as nonsworn personnel
(communications specialists, criminalists,
computer specialists, lawyers, and a host
of other support positions) to replace or
augment its corps of sworn officers, with
Citizen Patrol the aim of reducing costs and improving
Typically, citizen patrols are composed of service.
volunteers who engage in preventive
patrol. These volunteers are often provided
with some type of government vehicle and
patrol the streets during daylight hours.
Sometimes, however, citizens volunteer to
drive their own vehicles and operate
independently of the police.
Citizen Police Academy

Citizens are given an opportunity to learn
about the policing profession, which often
consists of a watered-down version of a
police academy where citizens are taught
the nature, operations, and complexity of
the policing profession.
FIGURE 8–6 Citizen Involvement in Policing.
responses as a way of controlling individual behavior.”79 In

▶ Third-Party Policing other words, third-party policing is more place oriented than
We introduced private policing and security in Chapter 3. One person oriented.
could conceive of these approaches as policing by third Third-party policing should not be confused with environ-
parties—that is, by parties other than citizens or the police. mental criminology, which is concerned with designing “places”
When we talk about third-party policing, however, we are refer- to make them less vulnerable
ring to something entirely different. Basically, it amounts to to crime (e.g., access con- LEARNING Define third-party
OUTCOMES policing and provide
formal methods of policing that invoke the use of the civil law trol with a tall security gate).
rather than the criminal law (see Figure 8–7). Third-party policing is place
4 some examples.
Michael Buerger and Lorraine Mazerolle, the scholars who oriented, but it is not con-
first conceived the term third-party policing, distinguish it from cerned with design. Instead,
community policing and problem-oriented policing because it is about providing guardians with the information and tools
of its intended targets: “In community- and problem-oriented they need to take a certain element of law enforcement into their
policing, the police assume an active quasi- enforcement own hands.
and managerial role in addition to their more established, There is a possible “dark side” to third-party policing,
hortatory [encouraging] role as dispensers of expert advice.”78 however. It is not just about encouraging guardians to target
They go on to argue that community policing and problem- problems at the places they are responsible for. It is also about
oriented policing are simply augmented versions of traditional coercing them to do so. Once again according to Buerger and
policing that rely heavily on citizens and guardians (those Mazerolle, “Third-party policing constitutes a return to a com-
responsible for places, like landlords) for influence and pliance model of policing, although the police do not resume
control over criminals and would-be criminals. Third-party inspectorial functions. . . . Rather, these functions are performed
policing is different from this because “it focuses on the places by nominal partners of the police, or remain an implied threat
that the guardians control by promoting certain collective behind police negotiations with guardians.”80

The characteristics of third-party policing Examples of third-party policing programs
Defined as police efforts to persuade or coerce The Beat Health Program (Oakland, California) Police
nonoffending persons to take actions that are outside the officers make the first contacts with the targeted nonoffend-
scope of their routine activities, and that are designed to ing parties. Initial contacts are as collegial as possible. The
indirectly minimize disorder caused by other persons or teams attempt to build rapport with the property owners.
to reduce the possibility that crime may occur. Any owners who fail to cooperate, however, quickly
Pertains to formal methods of policing that invoke the encounter the more coercive arm of third-party policing.
use of the civil law rather than the criminal law. Minneapolis Repeat Call Address Policing (RECAP)
Program
– Police officers present call histories to owners and
managers of problem properties.
– They explain that improvements would be mutually
beneficial
– Benefits to businesses: Attract more customers and
Third-Party thereby increase profits if police are not seen arresting
Policing people on the property.
Example of how civil law is used – Benefits to owners of rental properties: Better tenants
Civil law approach to policing: Not just would be more likely to pay their rent and increase the
the police but other officials relying on profitability of the property.
civil process, such as nuisance Police departments are increasingly wising up to the idea
abatement and code enforcement, to that, in some instances, civil law can work just as well for
reduce crime and disorder. crime control as does the criminal law. Beyond the policing
realm, other criminal justice officials, particularly prosecu-
tors, are coming to the same realization. Prosecutors
sometimes work closely with the police because they bring
to the table the legal knowledge and ability to pursue
appropriate actions in court. Although third-party policing is
catching on, it hasn’t been subject to extensive evaluation.
Much more research remains to be done in order to identify
best practices.
FIGURE 8–7 Third Party Policing.
In our definition of third-party policing, the “nonoffend- places, typically crackhouses, blighted homes, and false-front
ing” persons are the guardians. They are basically persuaded stores (such as ‘bodegas’) that sell drugs or traffic in black-
by police to do something about identified problems “or else.” market food stamps.”82 In truth, the civil law has always been
Simply put, “third-party policing establishes a control over non- available to the police, but the recent proliferation of problem-
offending persons and persuades (or coerces) them to engage in oriented and community policing has caused police officials to
activities thought to control crime.”81 use more creative methods of crime control.
At its core, some would say that third-party policing is Civil law provisions, like those governing building codes,
about turning certain enforcement functions over to those who have been used periodically in law enforcement and, indeed,
haven’t traditionally done them. Others, though, would argue throughout the public sector to target problems. A dilapi-
that this is simply good law enforcement and that it is intended dated building that is replete with code violations can be shut
to bring guardians out of the shadows to take control over their down or condemned, something officials have done for years.
properties. The police might, for instance, coerce a slumlord to Recently, though, scores of cities have capitalized on existing
fix a problem at one of his or her apartment complexes or face civil ordinances and created more of their own. An example is
possible civil consequences. San Diego’s creative ordinances aimed at the problem of illegal
street racing. One of them provides that
a motor vehicle shall be declared a nuisance and
Beyond the Criminal Law forfeited subject to this division if . . . [i]t is used in
Police routinely use the criminal law, local ordinances, curfew violation of California Vehicle Code sections 23109(a)
statutes, and the like to target crime. Third-party policing goes or (c); and . . . it is being driven by the registered owner
beyond the criminal law, invoking primarily civil law of the vehicle, the registered owner is a passenger, the
provisions. These, according to Buerger and Mazerolle, are registered owner’s immediate family member is driving
“controls imported from the regulatory wing of the civil law or riding in the car, or the driver or passenger lives at the
[that] include provisions that allow the police to target deviant same address as the registered owner.83

THE CASE
A Digital Partnership with the Community
A number of police departments around the country have
partnered with the website CrimeReports.com to make available
the latest crime data to their residents. CrimeReports.com is a
Marmaduke St. John/Alamy Stock Photo

free online service that allows anyone to stay up to date about
criminal incidents in areas from which the website receives
data. Police departments supply the data, and the website
automatically publishes the information. People can then use
any computer with an Internet connection or a mobile device to
access and browse the crime information, which is presented in
the form of an interactive map.
One view of this type of community notification is that it
embodies the spirit of community policing by bringing members
of the community and the police into close contact. An oppos-
ing view is that the effort is largely symbolic—meaning that the
department is giving the appearance of working closely with the
community when in fact it is simply making use of a Web ser-
vice that is readily available.
These competing views raise several interesting questions:

1. Is a Web-based approach to community policing sufficient? Is it meaningful and useful reform?
2. Is community policing an honest effort to improve police–community relations, or is it merely a symbolic gesture?
3. Where is the line between real and symbolic community policing drawn?
4. Is it realistic to expect the police and the community to work together in the name of crime prevention?
5. Is community policing effective, or is its actual intent something other than crime reduction?

C hapte r 8 Community Policing and Community Involvement
LEARNING Describe community justice and problem- community justice A relatively new and innovative set of ideas about
OUTCOMES oriented policing. how the goals of the criminal justice system can be achieved. It favors
1 The contemporary notion of community justice original, nontraditional approaches to crime control that draw heavily on
encompasses community policing and several input and cooperation from the community.
other recent law enforcement innovations, such as citizen problem-oriented policing A method of policing that is geared toward
patrol. Problem-oriented policing is best viewed as part of identifying and solving problems within a community that are particularly
community policing. Both policing styles rely on citizen troublesome and then crafting creative solutions to them. Also called
involvement. problem-solving policing.
1. What is community justice?
2. What is problem-oriented policing?
3. How are community justice and problem-oriented
policing related?
LEARNING Discuss the emergence of community policing 2. How did the concept of community policing develop?
OUTCOMES and the extent of its application in American 3. What are the positive aspects of community policing,
2 policing. and why is it being widely promoted today?
Community policing is often promoted as an 4. What are some potentially negative aspects of commu-
effective crime-control technique, but it exists for several nity policing for law enforcement agencies?
other reasons as well. For example, it serves to address
citizen dissatisfaction, and it saves money. Community
policing can be defined in various ways, but the essence of community policing A collaborative effort between the police and the
it is a partnership in which the police and the community community that identifies problems of crime and disorder and involves all
work together to reduce crime. elements of the community in the search for solutions to these problems.
1. What is community policing?
LEARNING Distinguish between citizen involvement in 3. What purposes do citizen police academies serve? Why
OUTCOMES policing and civilianization. do departments that utilize citizens for volunteer pur-
3 Citizen involvement in policing is common today poses find such academies important?
and occurs largely through citizen patrol and cit-
izen police academies. Civilianization refers to the hiring of citizen patrol A preventive patrol program staffed by citizen volunteers.
nonsworn personnel to perform certain limited functions
citizen police academy A training experience that offers citizens an
within police departments.
opportunity to learn about the policing profession and even to experience
1. What is the difference between citizen involvement in some of the same situations that uniformed officers experience.
policing and civilianization? civilianization “A law enforcement agency’s hiring of nonsworn personnel
2. What kinds of duties are best suited to civilians work- to replace or augment its corps of sworn officers” in an effort to reduce
ing in police departments? costs and improve service.
LEARNING Define third-party policing and provide some 4. Can you think of any potentially useful third-party polic-
OUTCOMES examples. ing strategies that this book doesn’t discuss?
4 In third-party policing, the police apply pressure
to nonoffending third parties (such as land- third-party policing A recently coined term that describes police efforts
lords) to improve their properties and thereby promote to persuade or coerce nonoffending persons to take actions that are out-
crime control and crime prevention. side the scope of their routine activities and that are designed to indirectly
1. What is third-party policing? minimize disorder caused by other persons or to reduce the possibility that
crime may occur.
2. How can third-party policing help police departments?
How might it harm them? civil law The branch of modern law that governs relationships between
parties.
3. How can third-party policing help communities? How
might it hurt?

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26 Skogan, Community policing, p. xxviii.
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Chapter 8 Community Policing and Community Involvement 143

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40 R. Wasserman and M. H. Moore, “Values in policing,”
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66 B. Bucqueroux and D. Diamond, “Community policing is pp. 434–48; E. G. Cohn, “Citizen police academy: A rec-
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67 Ibid. 74 W. T. Jordan, “Citizen police academies: Community
68 U.S. Department of Justice, Citizen patrol projects: policing or community politics,” American Journal of
National evaluation program phase 1 summary report Police, vol. 25 (2000), pp. 93–118.
(Washington, DC: U.S. Department of Justice, 1976). 75 Ibid.
69 J. Hilson, “Fort Worth’s citizens on patrol program,” 76 B. Forst, “The privatization and civilianization of polic-
TELEMASP Bulletin 1 (1994), full issue. ing,” in Boundary changes in criminal justice organiza-
70 See, e.g., V. W. Bumphus, L. K. Gaines, and tions, ed. C. M. Friel (Washington, DC: National Institute
C. R. Blakely, “Citizen police academies: Observing of Justice, 2000), p. 23.
goals, objectives, and recent trends,” American Journal 77 Ibid., p. 25.
of Criminal Justice, vol. 24 (1999), pp. 67–79. 78 Ibid.
71 See, e.g., G. A. Aryani et al., “Citizen police academy: 79 Ibid., p. 403.
Success through community partnership,” FBI Law 80 Ibid.
Enforcement Bulletin, vol. 69 (2000), pp. 16–21.
81 Ibid., p. 408.
72 J. Palmiotto and N. P. Unninthan, “Impact of citizen
82 Ibid.
police academies on participants: An exploratory study,”
Journal of Criminal Justice, vol. 30 (2002), pp. 101–6. 83 San Diego Municipal Code, Chapter 5, article 2, division
52.5301.
73 J. A. Schafer and E. M. Bonello, “Citizen police academy:
Measuring outcomes,” Police Quarterly, vol. 4 (2001),
Chapter 8 Community Policing and Community Involvement 145

9
Policing in the Modern Era
1 Discuss advances in information and

communications technology as they apply to policing.
2 Define intelligence-led policing and provide examples

of it.
3 Describe evidence-based policing.
4 Explain how terrorism has made an imprint on

American policing.
David W Cerny/Reuters
146 Chapter 9 Policing in the Modern Era

Intro Policing and Emerging Technology
In 2015, South Carolina Governor Nikki Haley signed
the nation’s first state law 1 directing every police
Charlie Neuman/ZUMA Press Inc/Alamy

department in the state to implement the use of body-
worn cameras. Interestingly, however, South Carolina’s
Freedom of Information Act limits public access to
only footage shot by cruiser-mounted cameras, effec-
tively keeping video captured by cop-worn cameras
beyond public reach. Prior to passage, state lawmak-
ers cited “privacy and safety concerns” as they
amended the bill to specifically exempt police body-
Stock Photo
cam videos from the state’s public-records law. While
some people have touted police body cameras as a
tool to ensure transparency in police actions, legisla-
tors were concerned with preserving the privacy of vic-
tims and of criminal suspects pending the resolution
of criminal cases. Under the law, criminal defendants This chapter begins with an examination of the many
and civil litigants still have access to all recordings, advances in information and communications technology,
but the public (and the media) will not. Police depart- including crime-mapping programs and Compstat. Next, it
ments in the state are authorized to release body- introduces the concept of evidence-based and intelli-
camera video at their own discretion. gence-led policing. Intelligence-led policing is about gath-
While we might all want to be able to examine video foot- ering information, analyzing it, and using the results to
age of particular police incidents, there are, in fact, sub- target specific crime problems. Evidence-based policing,
stantial reasons why footage from police-worn cameras on the other hand, is about using well-established tech-
shouldn’t always be public. For one thing, crime victims niques in the social sciences to evaluate the effective-
might sometimes avoid calling the police for fear they’ll ness and efficiency of police programs and initiatives.
be recognized on video, and subject to retaliation. In Finally, the chapter concludes with a look at the police
addition, cameras might record evidence or other mate- response to terrorism. A focus on terrorism fits well in
rial that police may have a legitimate interest in not this chapter because policing the terrorist threat relies
releasing. heavily on technology and intelligence-led policing.
▶ The Imprint of Technology on Policing
Learning Discuss advances Advances in information and approach, while crude, permitted police to identify problem areas
Outcomes in information and communications technology and patterns of criminal activity. The problem was that the maps
1 communications have worked wonders for law were one-dimensional and could easily get crowded with pins,
technology as they enforcement. As the Presi- especially in the case of minor crimes that occurred with great
apply to policing. dent’s Task Force on 21st frequency. The maps were also static, meaning that they could
Century Policing reported, not easily be manipulated to serve different purposes, such as
“Implementing new technologies can give police departments tracking certain types of crime over time. Pin maps were large
an opportunity to fully engage and educate communities in a and could take up significant wall space. But then came
dialogue about their expectations for transparency, accountabil- crime-mapping software (see Figure 9–2).
ity, and privacy.”2 From helping investigators reconstruct crime Crime-mapping or geographic information system (GIS)
scenes to facilitating information sharing between agencies, software made it relatively easy to create and update crime
technology has also transformed the way police do business.3 maps. The practice is now commonplace in policing. How
This section briefly examines some of the more interesting common? The vast majority of police departments employ
developments in this area (Figure 9–1). mapping programs in some form or fashion; most larger depart-
ments have crime analysis units, sometimes with several staff
Crime Mapping whose sole job is to assist with identifying crime trends and hot
spots or times. As the National Institute of Justice observed,
It used to be that patterns of criminal activity were identified on
pin maps. Colored stick pins would literally be stuck in various • Combining geographic data with police report data and
places on a map of a city, county, district, precinct, or other area. then displaying the information on a map is an effective
Different colors corresponded to different types of crimes. This way to analyze where, how and why crime occurs.

Computer-Aided Drafting Permits drafting of crime scenes on a computer that can then be viewed three-dimensionally. CAD
software has also been developed for animation purposes, enabling viewers to get a feel for the
perpetrators’ movements.
Computer-Assisted Training Training now consists of simulators that fully encase trainees in a particular surrounding rather
than simply putting them in front of a television screen. This makes the training more realistic, as
threats can come from any direction on the job.
Computerized Crime Mapping Combines geographic information systems with crime statistics generated by a police department
so that the crimes can be plotted on a map, resulting in a clean image with details concerning the
frequency with which certain crimes take place in given areas. Additionally, computerized crime
maps can be overlaid with other information, such as demographic or law enforcement data (e.g.,
unemployment levels or known gang territories).
Geographic Profiling Using crime-mapping technology, geographic profiling allows investigators to identify the likely
whereabouts or residences of repeat or serial offenders.
Crime Intelligence Systems SRA International, a provider of crime intelligence software, created GangNet Solution, a
browser-based investigative, analysis, and statistical resource for recording and tracking gang
members and their activities. The database system enables information sharing on relationships
between individuals involved in gangs, which gives law enforcement officials a tool to identify
individuals, vehicles, tattoos, gang symbols, and locations, and to facilitate work on gang-related
cases. Additional features, such as mapping and facial recognition, are continuously being added
to the systemi.
Compstat This is defined as a goal-oriented strategic management process that uses computer technology,
operational strategy and managerial accountability to structure the manner in which a police
department provides crime-control services.
FIGURE 9–1 The Impact of Technology on Policing.
• Examining where past victims and offenders lived and Geographic profiling can be made particularly effective
where crimes occurred helps police determine which when it is combined with databases used to track serial offend-
neighborhoods attract offenders and where unknown ers. For example, the Washington State Attorney General’s
offenders may reside. Office uses the Homicide Investigation and Tracking System
(HITS), which ties various databases together—including gang
• Using GIS software helps researchers visualize data,
files, sex offender registries, parole records, and department of
assess human behavior over geographic space, follow
motor vehicle records—so that they can be searched simultane-
spatial patterns, and validate theories.4
ously. According to University of Nevada at Reno criminologist
Agencies are also making their crime statistics more acces- Ken Peak,
sible to citizens than ever. The previous chapter’s closing story
When an agency in the state has a major crime in its
featured the website crimereports.com. A related site that is
jurisdiction, the case is loaded into a central system,
really gaining traction as of this writing is crimemapping.com.
which scans every database and linking file for con-
Depending on where you live, you might be able to map the
nections by comparing eyewitness descriptions of a
incidence of specific offenses in areas of interest to you, down
suspect and vehicle. It then builds a dataset containing
to the street level. Such sites will continue to grow in popularity.
profiles of the offender, the victims, and the incidents.
Indeed, the Bureau of Justice Statistics recently reported that
The dataset then goes into a geographic information
nearly two in three police departments make crime statistics
system, where the program selects and maps the names
available through their websites or other means.5 It won’t be
and addresses of those suspects whose method of
long before nearly all do.
operation fits the crime being investigated.6
Geographic Profiling Crime Intelligence Systems

Geographic profiling makes use of crime-mapping technology. Today, nearly every patrol officer has a laptop computer in his
In particular, it maps connected criminal acts in an effort to or her car that is linked to various databases, such as vehicle
determine the offender’s residence location. It is used for a range registration records and criminal history information. Recently,
of criminal acts, including murder, rape, robbery, and auto theft. though, the databases have become increasingly sophisticated.

FIGURE 9–2 Crime Map Depicting Motor Vehicle Thefts.
Source: Produced by the Maptitude mapping software, © 2008 Caliper Corporation. Reprinted with permission.
One of them, known as CalGang (in California) or GangNet (in How successful is predictive policing? The practice is cutting-
other states), contains detailed information on known gang edge, so few studies are available. One study published in the
members that officers in the field can quickly access. prestigious Journal of the American Statistical Association8 pitted
a predictive policing algorithm against professional crime ana-
lysts in an effort to determine which could most accurately predict
Predictive Analytics
crime in areas throughout Los Angeles. For one part of the study,
Predictive analytics is the use of data, machine learning, and researchers gave crime analysts a map of the police district and
data mining to predict future outcomes based on historical asked them to identify one precise location (approximately a half
data. The practice is commonplace in the business world; block in size) where a crime would be most likely to occur within
only recently has the law enforcement profession come to the next 12 hours. The computer algorithm was programmed to
explore its potential. In a policing context, the concern is answer the same question. It correctly predicted the location of the
with predicting future crime based on past data. The practice next crime 4.7% of the crime, compared to just 2.1% for the crime
is known as predictive policing. It involves the use of analyti- analyst. In other words, the computer was twice as effective as a
cal techniques to identify likely targets for criminals and pre- professional crime analyst in predicting crime.9 The percentages
vent crime. A study by the RAND Corporation identified four were still low, though, as would be expected. Human behavior is
methods of predictive policing (also see the story at the end of exceedingly difficult to predict, so it is doubtful crime analysts’
this chapter): job security will be threatened anytime soon.
1. Methods for predicting crimes: These are approaches
used to forecast places and times with an increased risk
of crime. Automated License Plate Recognition
2. Methods for predicting offenders: These approaches According to the most recent Law Enforcement Management
identify individuals at risk of offending in the future. and Administrative Statistics (LEMAS) survey, about one in six
police departments uses automated license plate recognition
3. Methods for predicting perpetrators’ identities: These (ALPR).10 Agencies have for years been using in-car cameras
techniques are used to create profiles that accurately (approximately two in three agencies do so), but license plate
match likely offenders with specific past crimes. readers are used for different reasons. Whereas in-car cameras
4. Methods for predicting victims of crimes: Similar to those are primarily used to promote officer safety and reduce com-
methods that focus on offenders, crime locations, and plaints against police,11 license plate readers are more proac-
times of heightened risk, these approaches are used to tive, constantly scanning for stolen vehicles and people of
identify groups or, in some cases, individuals who are interest. According to one study, ALPR systems can capture
likely to become victims of crime.7 upward of 1,800 plates per minute, even for cars that are

moving quickly.12 The systems are expensive, however, run-
ning between $10,000 and $22,000 per patrol car. Nevertheless, Compstat
their benefits may outweigh their costs, at least according to a During the early years of his tenure as police commissioner of
government report: New York City, William Bratton called for weekly meetings
with representatives from each of the NYPD’s eight bureaus.
ALPR technology is a significant tool in the arsenal of
Deputy Commissioner Jack Maple, in conjunction with other
law enforcement and public safety agencies. It auto-
high-ranking officials, placed pressure on the bureaus to gener-
mates a tedious, distracting, and manual process that
ate crime statistics, which had not been kept up to date at the
officers regularly complete in their daily operations,
time. Precincts began to measure criminal activity more care-
and vastly improves their efficiency and effectiveness in
fully, then the results were computerized and assembled into a
identifying vehicles of interest among the hundreds or
document known as the Compstat book.20 The crime figures
thousands they observe in routine patrol. Moreover, it
reported in the Compstat book were eventually used to
generates a rich and enduring record of vehicle sight-
hold precinct commanders responsible for the crime rates in
ings, complete with time, date, and geographic location
their areas.
information for each observation. This data can sub-
Compstat is an acronym for “computer statistics” or, in
stantially enhance the investigative capacity of law
some locations, “compare statistics.” The NYPD program has
enforcement, and greatly contribute to intelligence col-
been widely imitated around the country,21 and the programs
lection and analysis functions.13
have several different designations. Generally speaking, Comp-
As with any other technology, ALPR systems have their stat emphasizes four important elements:
critics. For example, the American Civil Liberties Union has
claimed the devices “. . . have the potential to create perma- 1. Accurate and timely intelligence
nent records of virtually everywhere any of us has driven, radi- 2. Effective tactics
cally transforming the consequences of leaving home to pursue
3. Rapid deployment
private life, and opening up many opportunities for abuse.”14
As such, it has recommended a number of rules for ALPR use, 4. Relentless follow-up and assessment22
including no storage of data on innocent persons and use only The logic behind the intelligence aspect is that “informa-
by authorized law enforcement personnel.15 tion describing how and where crimes are committed, as well as
who criminals are, must be available to all levels of policing.”23
“Tactics are designed to respond directly to facts discovered
Websites and Social Media during the intelligence gathering process.”24 Rapid deployment
Nearly every law enforcement organization maintains a web- is important and often involves quick and effective coordina-
site. Some are bare bones; others offer a connection between tion because “the most effective plans require that personnel
law enforcement and the community. The Police Executive from several units and enforcement functions work together
Research Forum (PERF) recently conducted a survey of 500 as a team.”25 Relentless follow-up is necessary to ensure
police departments around the country in an effort to deter- desired outcomes. Figure 9–3 lists the general elements of the
mine what besides websites agencies were using to stay Compstat model.
“connected” with their constituents. 16 Of the responding The last step, relentless accountability, is extremely impor-
agencies, all reported maintaining a website. As for other tant and is usually accomplished most effectively in intensive
social media: management meetings. According to Jack Maple, former dep-
uty commissioner of the NYPD, “the first step to crime reduc-
• 82% use Facebook tion itself—the gathering and analyzing of accurate, timely
• 69% use Twitter intelligence—has to be quickened by the heat of accountability.”26
• 48% use YouTube One important aspect of Compstat is crime mapping.
Because crime data must be portrayed clearly and rapidly,
• 34% use LinkedIn computer technology is essential. According to one source,
According to the report, “[p]olice departments are using “A powerful software tool, MapInfo 94, became the NYPD’s
social media for a variety of reasons for two basic purposes: crime radar screen, with attention-grabbing colors and shapes.
disseminating their own messages to the public, and gathering Red dots indicated drug complaints from the public, blue dots
information from social media platforms to prevent and inves- showed drug arrests, green triangles represented shooting
tigate crimes.”17 This was echoed in another study of police incidents, and yellow dots indicated homicides.”27 Computer-
departments’ use of Facebook: “. . . these tools allow depart- ized images generated by MapInfo 94 brought together all the
ments to build public relations by conveying information about data in the Compstat books. Previously, crime statistics had
police effectiveness, reporting human-interest stories, and solic- not been kept or presented in any single source. As another
iting feedback from community members.”18 A 2015 study by researcher observed, “These visual presentations are a highly
the International Association of Chiefs of Police (IACP) found effective complement to the Compstat report, since they permit
that, more than anything, departments use social media to assist precinct commanders and executive staff members to instantly
in criminal investigations; Facebook, Twitter, and YouTube identify and explore trends, patterns, and possible solutions for
were most commonly used in this regard.19 crime and quality-of-life problems.”28

Innovative problem-solving tactics: Police responses are selected because
they offer the best prospects of success, not because they are “what we have
always done.” Innovation and experimentation are encouraged and use of the
best available knowledge about practices is expected.
Data-driven analysis of problems and Mission clarification: Top management

assessment of department’s problem-solving clarifies and exalts the core features of the
efforts: Data are made available to department’s mission. Management
identify and analyze problems demonstrates commitment and
and to track and assess the states its goals. The organization
department’s response. Data are and its leaders can be held
made accessible to all relevant accountable for specific
personnel on a timely basis and goals—such as reducing crime
in a readily usable format. by 10% in a year.
Organizational flexibility: The Internal accountability: Operational

organization develops the commanders are held accountable
capacity and habit of changing for knowing their commands,
established routines as needed being well acquainted with the
to mobilize resources when and problems in the command, and
where they are needed for accomplishing measurable
strategic application. results in reducing those
problems—or at least demonstrating a
diligent effort to learn from that experience.
Geographic organization of operational command: Operational command is

focused on the policing of territories, so central decision-making authority over
police operations is delegated to commanders with territorial responsibility for
districts. Functionally differentiated units and specialists—patrol, community-
policing officers, detectives, narcotics, vice, juvenile, and traffic—are either
placed under the command of the district commander, or arrangements are
made to facilitate their responsiveness to the commander’s needs.
FIGURE 9–3 Core Elements of the Compstat Model.
Source: J. J. Willis, S. D. Mastrofski, and D. Weisburd, Compstat in Practice: An In-depth Analysis of Three Cities (Washington, DC: Police
Foundation, 2004). Reprinted by permission of the Police Foundation.
Crime statistics are the most popular measure of success for

precinct commanders. However, Sam Houston State University
criminologists Randall Garner and Larry Hoover question the
Think About It…
appropriateness of crime statistics as the sole measure of suc- Compstat The effect
cess.29 They cite quality-of-life issues and citizen complaints as of Compstat on crime
Alamy Stock Photo
Mikael Karlsson/
barometers of police performance that agencies experimenting has not received

with Compstat may wish to consider. The appropriate measure much research atten-
of success, they suggest, “communicates what issues are val- tion. Some research-
ued most in the department.”30 They also raise concerns about ers have attributed
the NYPD version of Compstat, which they regard as confron- drops in crime to
tational. While the NYPD’s program has established greater Compstat and similar managerial approaches, but to date,
accountability, increased awareness, improved problem-solving few researchers have applied rigorous scientific methods to
endeavors, and increased managerial control, they caution the question of whether Compstat directly affects crime. Is it
that weekly meetings may be too shortsighted and aggressive possible to conclude that Compstat, independent of all
an approach to reducing crime and may overemphasize out- other possible explanations, reduces crime? Can Compstat
comes rather than underlying causes of problems. Indeed, one alone reduce crime, or are more means necessary? Explain.
researcher has observed that “Compstat’s approach ignores

decades of expert research that has shown that crime levels so real, you will not call it a simulator.”34 AIS Solutions, the
are determined by vast social forces beyond police control— company behind the device, says this:
poverty, racism, [and] demographics.”31 PRISim™ puts trainees into the middle of an interactive
theatre to cause responses to potentially deadly mis-
takes, indecision, sudden fear, partial understanding,
Computer-Aided Drafting
blindside surprise, eye-blink response and life or death
Computer-aided drafting (CAD) is not a law enforcement tech- choices. The PRISim™ system gives trainees the coach-
nology per se, but it has been adapted to meet the needs of ing they could never get in actual field operations and
police officers and criminal investigators. Gone are the days of provides situational experiences far beyond the capabil-
convincing jury members to convict based on tedious one- ity of conventional training. . . . The PRISim™ Shoot-
dimensional drawings and photographs. For instance, a three- Back cannon is a devastatingly effective tool to train
dimensional crime scene image puts jurors at the crime scene effective use of cover. An instructor-aimed cannon is
almost as if they were actually there. mounted above the centre of the screen to fire 17mm
As this technology continues to develop, it is becoming caliber nylon projectiles synchronized with the video
more portable. For example, the U.S. Department of Energy scenario. The cannon fires accurate single, 3-round
has been working on a device that officers in the field can use burst or full auto hostile fire.35
to beam the information they gather (via pictures, laser range
finders, Global Positioning System devices, and so on) to the
crime lab for instant expert advice and accurate recording of
the crime scene.32 ▶ Intelligence-Led Policing
CAD programs offer several advantages. First, they create In 2005, the U.S. Department of Justice embraced intelligence-
images that are professional in their appearance, an improve- led policing as an important technique that American law
ment over traditional methods of drafting crime scene images enforcement agencies can employ in the battle against terror-
by hand and relying on simple photographs. This is of great ism.36 Intelligence-led policing can also be used to target other
importance if the images are to be shared with jurors in a crimi- pressing problems, such as property crime, narcotics violations,
nal trial. In this vein, the next CAD advantage is that the soft- and organized crime. Not
ware minimizes duplication of effort; there is no need to draft every agency has the staff or Learning Define intelligence-led
Outcomes policing and provide
separate images for investigators and jurors. With a few key- resources needed to create a
strokes, a large image can be printed for sharing with a jury. dedicated intelligence unit.
2 examples of it.
The software makes crime scene investigation much Even without an intelligence
cheaper, too. Gone are the days when draftspeople or engineers unit, however, a law enforce-
needed to take precise measurements of every detail of a crime ment organization should have the ability to effectively utilize
scene. Delays in crime scene reconstruction are now largely the information and intelligence products that are developed
a thing of the past. Perhaps most important, it is easy to alter and disseminated by organizations at all levels of government.
images as new information becomes available, thus eliminating In other words, even though a police agency may not have its
the need to redraw the entire image. own resources for analyzing all the information it acquires, it
should still be able to mount an effective response to credible
threat information that it receives. The following sections take a
Computer-Assisted Training closer look at the nature of intelligence, why it is important, the
Computers also enhance the training of law enforcement offi- intelligence process, and the nature of intelligence-led policing,
cers. Veteran officers may have had the opportunity to partici- especially in comparison to some other approaches we discuss
pate in one of the old “shoot/don’t shoot” training exercises in elsewhere in this book.
front of a television screen with a noninteractive video. Those
days are largely over; computers have helped make such exer-
cises much more realistic and dramatic. Intelligence
One of the new technologies in this area, the firearms train- What is intelligence? It is tempting to liken it to information,
ing system (FATS), is about as realistic as shooting a simulated but they are not the same. Rather, intelligence is the result of
firearm can get. It is a full-size, fully interactive device, not information and the analysis of that information.37 One defini-
unlike flight and driving simulators. Moreover, the technology tion of intelligence within a law enforcement context is the
is also relatively affordable and portable. “formal process of taking information and turning it into
VirTra Systems, which markets FATS devices, uses a knowledge while ensuring that the information is collected,
300-degree immersive training platform that surrounds the stored, and disseminated appropriately.”38 Police expert David
trainee with a realistic judgmental use-of-force scenario in Carter’s Law Enforcement Intelligence: A Guide for State,
one of its products.33 Another company has gone so far as to Local, and Tribal Law Enforcement Agencies defines criminal
develop a simulator that actually pelts the trainee with large- intelligence as “a synergistic product intended to provide mean-
caliber nylon balls when he or she makes a mistake, further ingful and trustworthy direction to law enforcement decision
approximating reality. One such device, the Professional Range makers about complex criminality, criminal enterprises, crimi-
Instruction Simulator (PRISim), has been described as “training nal extremists, and terrorists.”39

In other words, intelligence is information that has been and using this information to apprehend offenders, harden tar-
analyzed and integrated into a useful perspective. The infor- gets, and use strategies that will eliminate or mitigate the
mation used in the development of effective intelligence is threat.”43 Strategic intelligence, in contrast, provides informa-
typically gathered from many sources, as noted in Figure 9–4. tion to decision makers about the changing nature of threats for
Law enforcement intelligence, or criminal intelligence, is the the purpose of “developing response strategies and reallocating
result of a “process that evaluates information collected from resources”44 to accomplish effective prevention.
diverse sources, integrates the relevant information into a cohe-
sive package, and produces a conclusion or estimate about a Levels of Intelligence
criminal phenomenon by using the scientific approach to prob- There are four levels of intelligence. Level 1 intelligence is the
lem solving.”40 While criminal investigation is typically part highest. According to one study, “the law enforcement agency
of the intelligence-gathering process, the intelligence function at [level 1] employs an intelligence manager, intelligence offi-
of a police department is more exploratory and more broadly cers, and professional intelligence analysts.”45 The secretive
focused than a single criminal investigation.41 Financial Crimes Enforcement Network (FINCEN) fits into
Key to these definitions is the idea that without analysis this category. “Level 2 intelligence includes police agencies
there is no intelligence. What, then, is analysis? It is not just that produce tactical and strategic intelligence for internal
information processing by trained crime analysts. Instead, consumption. . . . These agencies generally use intelligence to
“analysis requires thoughtful contemplation that results in con- support investigations rather than to direct operations.”46 The
clusions and recommendations.”42 With this in mind, it is useful typical agency at this level is a state police agency that may
to distinguish between various types and levels of intelligence. have intelligence units or officers on the payroll. Level 3 intel-
ligence, the second most common form, includes local law
Tactical and Strategic Intelligence enforcement agencies with anywhere from a few dozen to hun-
Carter points out that there are two types of intelligence: tacti- dreds of sworn personnel. These agencies sometimes produce
cal and strategic. Tactical intelligence “includes gaining or their own intelligence but often rely on other higher-level (state
developing information related to threats of terrorism or crime or federal) agencies that specialize in intelligence gathering.
Strategic Targeting
Intelligence enables administrators
to carefully target their efforts to
Decision Making achieve the best results with
It is common for law enforcement limited funds. Strategic targeting is
agencies to gather information about focusing on the individuals,
and to decide what to do with it. groups, or locations where
Having the most accurate and success is most likely.
complete intelligence aids in
decision making.
Intelligence
Gathering Crime Prevention
newspapers
Every police agency hopes to prevent
surveillance
crime rather than just respond to it.
covert operations
Intelligence from previous crimes may
financial records
arm decision makers with the information
electronic eavesdropping
they need to prevent similar crimes from
interviews
occurring. Analysts can compare the
interrogations
Planning indicators from local neighborhoods to
Planning also depends on anticipate crime trends, and agencies can
intelligence. Unfortunately, take preventive measures to intervene or
planning in many agencies is done mitigate the impact of those crimes.
without sufficient intelligence, such
as the nature of specific crime
problems facing an area.
FIGURE 9–4 Sources of Intelligence.

Level 3 agencies should not always rely on outside help, how- Several recommendations for improved intelligence gathering
ever. According to one study, were offered, and the group also organized the process into six
While smaller agencies may not be able to devote a full- steps (Figure 9–5). Note that the process is circular and that it
time position to the criminal intelligence function . . . starts with planning and direction. According to a recent report,
[they] need to understand the proactive concept of crimi- planning and direction require
nal intelligence and recognize that most law enforcement an agency to identify the outcomes it wants to achieve
agencies, regardless of size, are susceptible to organized from its collection efforts. This identification directs the
criminal activity that may extend beyond jurisdictional scope of the officers’ and agents’ investigations—for
boundaries. Their personnel should be trained to recog- example, a straightforward inquiry to identify crime
nize and report indications of organized crime, gang groups operating in a jurisdiction or a more complex
activity, and criminal extremist and terrorist activity. The inquiry to determine the likelihood that criminal extrem-
information should be shared with intelligence-trained ists will attack a visiting dignitary.49
personnel from neighboring agencies.47 Next, collection refers to gathering and processing infor-
Finally, level 4 intelligence characterizes the vast major- mation. This can be accomplished through several strate-
ity of law enforcement agencies in the United States. “If they gies, including physical surveillance, electronic surveillance
assign someone to intelligence operations, that person gener- (e.g., wiretapping), confidential informants, newspaper reports,
ally has multiple responsibilities and is often a narcotics officer, and so on. Third, processing consists of sifting through all
gang officer, or counter-terrorism officer.”48 this information to organize and collate it. Analysis converts
the information to intelligence. As one official put it, “With-
out the explicit performance of this function, the intelligence
Why Intelligence Is Important unit is nothing but a file unit.”50 Analysis includes crime
Law enforcement agencies at all levels depend on intelligence analysis (e.g., crime-pattern analysis with mapping soft-
and cannot function adequately without it. ware), but it also includes investigative analysis (bank record
analysis) and strategic analysis (risk assessment). The next
step is dissemination, which is the process of getting intel-
The Intelligence Process ligence to the decision makers who need it. Finally, reevalu-
The Global Intelligence Working Group produced the National ation is concerned with reanalysis of intelligence products
Criminal Intelligence Sharing Plan (NCISP). It was approved to determine their accuracy and effectiveness. According
and released by the U.S. attorney general in October 2003. to a report on the subject, “One way to reevaluate intelli-
gence is to include a feedback form with each product that
is disseminated.”51
Think About It…

Directed Patrol Directed patrol refers to patrol with The Nature of Intelligence-Led Policing
direction—that is, patrol targeted at specific areas and We have spent significant time discussing intelligence in gen-
problems. Directed patrol is heavily influenced by the eral, but what exactly is intelligence-led policing? The term
gathering of intelligence. That is, with the right data, law originated in the United Kingdom.52 Specifically, the Kent
enforcement officials can decide where to concentrate Constabulary came up with the concept in response to a rise in
their efforts. Assuming police have a particular problem property crime—a rise that occurred while police resources
area in mind, is directed patrol the ideal approach? were being cut. Originally called the Kent Policing Model,
Should you worry about displacement of the problem this approach prioritized calls for service and referred none-
into surrounding neighborhoods or cities? Why or mergency calls to other agencies, when appropriate. This
why not? freed up resources so that officers could focus on the property
crimes that were on the rise. The result was a property crime
drop of 24% over three years. According to one assessment of
this effort,
EuroStyle Graphics/Alamy Stock Photo
[I]ntelligence-led policing focuses on key criminal

activities. Once crime problems are identified and
quantified through intelligence assessments, key
criminals can be targeted for investigation and
prosecution. Because the groups and individuals
targeted in Kent were those responsible for significant
criminal activity, the ultimate reduction in crime was
considerable.53
Since it has been imported into the United States,
intelligence-led policing has remained largely the same, with

A fusion center is a “collaborative effort
Planning and of two or more agencies that provide
Reevaluation Direction resources, expertise, and information to
the center with the goal of maximizing
their ability to detect, prevent, investi-
6 1 gate, and respond to criminal and terror-
ist activity.” Fusion centers can identify
potential threats through data analysis
Collection and enhance investigations through ana-
lytical support (e.g., flow charting and
5 2 geographic analysis).54
Intelligence-Led versus Problem-

Oriented Policing
Intelligence-led policing sounds similar to
Dissemination
problem-oriented policing (see Chapter 8),
but the two are somewhat different.
Problem-oriented policing seeks to control
4 3 crime through the study of problems.
Common to problem-oriented policing,
too, is the scanning, analysis, response,
assessment (SARA) model.
Processing/ Intelligence-led policing basically takes
Collation problem-oriented policing to the next level;
Analysis it does the same for community-oriented
policing. These strategies “have been used
FIGURE 9–5 The Intelligence Process.
Source: Office of Justice Programs, National Criminal Intelligence Sharing Plan (Washington, DC: for crime analysis, which is statistical and
U.S. Department of Justice, 2003), p. 6. incident-based, rather than strategic intelli-
gence analysis, which looks at large-scope
problems or models.”55 In other words,
some minor twists. For example, it has benefited from so-called intelligence-based policing takes problem-oriented polic-
fusion centers. These are essentially intelligence-gathering ing beyond the level of a single police agency. Intelligence-
units—often collaborative efforts that serve various agencies. led policing may also sound something like Compstat. As
As David Lambert explains, Table 9–1 shows, they are similar but not quite the same.
TABLE 9–1 Comparison of Compstat and Intelligence-Led Policing

Compstat Commonalities Intelligence-Led Policing
• Single jurisdiction • Both have a goal of prevention • Multiple jurisdictions
• Incident driven • Both require • Threat driven
• Street crime and burglary – Organizational flexibility • Criminal enterprises and terrorism
• Crime mapping – Consistent information input • Commodity flow; trafficking and transiting
• Time sensitive (24-hour feedback – A significant analytic component logistics
and response) • Both are driven from the bottom up with • Strategic
• Disrupt crime series (e.g., burglary ring) respect to operational needs • Disrupt enterprises
• Drives operations: • Drives operations:
– Patrol – JTIF
– Tactical unit – Organized crime investigations
– Investigators – Task forces
• Analysis of offender MOs • Analysis of enterprise MOs
Source: Office of Community Oriented Policing Services, Intelligence-led Policing: The Integration of Community Policing and Law Enforcement Intelligence, part 4
(Washington, DC: COPS Office, n.d.), p. 43, www.cops.usdoj.gov/pdf/e09042536_Chapter_04.pdf (accessed July 24, 2011).

and appliers of research.” They won’t need to be researchers
Evidence-Based Policing themselves, Jensen notes, “but they must use research in their
At the close of the twentieth century, noted police researcher everyday work.”61 The Campbell Crime and Justice Group
Lawrence W. Sherman addressed an audience of criminal jus- emphasizes the use of experimental studies in crime and justice
tice policy-makers, scholars, and practitioners at the Police policy making.
Foundation in Washington, The Institute of Criminology at Cambridge University has
Learning Describe evidence- D.C., and called for a new identified the following questions in the area of policing as
Outcomes based policing.
approach to American polic- goals to be answered by evidence-based studies:62
3 ing that would use research • How can policing produce greater public safety without
to guide and evaluate prac- eroding civil liberties?
tice. “Police practices should
be based on scientific evidence about what works best,” • How can more value for the money be returned from
Sherman told his audience. Sherman’s lecture, titled “Evi- investments in policing to cut the costs of crime?
dence-Based Policing: Policing Based on Science, Not Anec- • Can crime be better forecast for preventive policing by
dote,”56 popularized the term evidence-based policing, which, time and place?
says Sherman, “is the use of best available research on the out- • Can unsuccessful police methods be distinguished from
comes of police work to implement guidelines and evaluate cost-effective ones?
agencies, units, and officers.”57 In other words, evidence-based
policing uses research into everyday police procedures to eval- • Can better policing reduce the high costs of a growing
uate current practices and to guide officers and police execu- prison population?
tives in future decision making. In any discussion of • Can evaluation tools used in evidence-based medicine be
evidence-based policing, it is important to remember that the adopted by police?
word evidence refers to scientific evidence, not criminal • What are the possibilities for a police service based on
evidence. cost-effectiveness?
“The basic premise of evidence-based practice,” says
Sherman, “is that we are all entitled to our own opinions, but • What are the prospects for developing the knowledge base
not to our own facts.”58 Our own facts, or our beliefs about for such evidence?
the way things should be done, says Sherman, often turn out In 2010, innovative British police professionals and aca-
to be wrong. During the civil rights movement of the 1960s demics founded the British Society of Policing to promote and
and 1970s, for example, police executives in many areas took a facilitate the increased use of the best available research evi-
heavy-handed approach in their attempts to control demonstra- dence to solve policing problems and the production of new
tors. Images of tear gas–filled streets, high-pressure fire hoses research by police practitioners and researchers and to commu-
aimed at marchers, and police dogs biting fleeing demonstra- nicate research evidence to police practitioners and the public.
tors symbolize that era for many people. This heavy-handed An evidence-based policing matrix is available at http://gemini.
approach had unintended consequences and served to inflame gmu.edu/cebcp/Matrix.html. The matrix, provided by the Cen-
protesters. Situations that might have otherwise been contained ter for Evidence-Based Crime Policy, is a research-to-practice
with simple crowd-control tactics and the use of physical bar- translation tool that visually identifies strong evidence-based
riers became largely uncontrollable. Sherman reminds us that policing practices.
“the mythic power of subjective and unstructured wisdom holds The federal government’s CrimeSolutions.gov initiative
back every field and keeps it from systematically discovering offers perhaps the most current example of how research can
and implementing what works best in repeated tasks.” inform evidence-based policing—and criminal justice in gen-
Some suggest that evidence-based policing offers a long- eral. The site uses research to rate the effectiveness of various
term approach for creating cost-effectiveness in policing that, programs aimed at preventing and reducing crime. Trained
in the current economic environment, “is the only alternative to reviewers evaluate previously published research for rigor, then
current ways of operating.”59 “In an age of austerity and budget the site ranks the underlying programs as effective, promising,
cuts,” argue British writers Neil Wain and Alex Murray, it is or having no effects. The site is pitched as
necessary for police departments to invest wisely in programs . . . a central, reliable resource to help [practitioners]
and initiatives that have a proven track record at reducing or understand what works in justice-related programs and
preventing crime. practices . . . [It’s] purpose is to assist in practical deci-
Today’s evidence-based policing model has been called sion-making and program implementation by gathering
the single “most powerful force for change” in policing information on specific justice-related programs and
today.60 Leading the movement toward evidence-based polic- practices and reviewing the existing evaluation and
ing are organizations like the FBI’s Futures Working Group, meta-analysis research against standardized criteria.63
the Campbell Crime and Justice Group, and the Center for
Evidence-Based Crime Policy at George Mason University.
FBI Supervisory Special Agent Carl J. Jensen III, a member Smart Policing
of the Futures Working Group, notes that in the future “suc- Evidence-based policing contributes to what some people have
cessful law enforcement executives will have to be consumers termed “smart policing.” The term smart policing has been used

to describe the shift in attitude that came about as a result of the prevention by using community policing networks to exchange
economic squeeze that law enforcement administrators began information with citizens and to gather intelligence.67
facing in the early 2000s.64 The Council on Foreign Relations, headquartered in New
According to the Smart Policing Initiative (SPI), smart York City and Washington, D.C., agrees with PERF that Amer-
policing is “a systemwide and strategic view of police opera- ican police departments can no longer assume that federal
tions that includes consideration of causal factors of crime, counterterrorism efforts alone will be sufficient to protect the
system impact of police actions, partnerships with commu- communities they serve. Consequently, says the council, many
nity organizations to support crime-prevention activities, and police departments have responded by doing the following:
more effective policing that stresses integration of analytics,
evidence-based practices, and emerging technology tools into • Strengthening liaisons with federal, state, and local
ongoing police operations.”65 Smart policing also encourages agencies, including fire departments and other police
a focus on outcomes, including achieving less crime and safer departments
communities in more cost-effective ways. • Refining their training and emergency response plans to
The goal of smart policing is to “develop tactics and address terrorist threats, including attacks with weapons of
strategies that are effective, efficient, and economical—as mass destruction
measured by reduced crime and high case closure rates.” • Increasing patrols and shoring up barriers around land-
The SPI, which is a collaborative effort between the Bureau marks, places of worship, ports of entry, transit systems,
of Justice Assistance, the nonprofit CNA Corporation, and nuclear power plants, and so on
dozens of police departments, says that “effective policing
requires a tightly focused, collaborative approach that is • More heavily guarding public speeches, parades, and other
measurable; based on sound, detailed analysis; and includes public events
policies and procedures that promote and support account- • Creating new counterterrorism divisions and reassigning
ability.” Hence, the SPI works to build evidence-based officers to counterterrorism from other divisions, such as
law enforcement strategies that are effective, efficient, and drug enforcement
economical. • Employing new technologies, such as X-ray-like devices,
Hot-spot policing, in which agencies focus their resources to scan containers at ports of entry and sophisticated sen-
on known areas of criminal activity, is one example of smart
sors to detect a chemical, biological, or radiological
policing techniques. Predictive policing, another example of attack68
smart policing, provides the ability to anticipate or predict
crime through the use of statistical techniques and helps to The extent of local departments’ engagement in such pre-
guide enforcement operations.66 Two programs that support ventive activities depends substantially on budgetary consider-
effective policing are the SPI and the National Law Enforce- ations and is strongly influenced by the assessed likelihood of
ment and Corrections Technology Center (NLECTC). The attack. The NYPD, for example, which has firsthand experi-
NLECTC works to identify emerging technologies and to ence in responding to terrorist attacks (23 of its officers were
assess their efficiency. Visit the SPI on the Web at www.smart- killed when the World Trade Center towers collapsed), has
policinginitiative.com. created a special bureau headed by a deputy police commis-
sioner responsible for counterterrorism training, prevention,
and investigation.69 One thousand officers have been reassigned
to antiterrorism duties, and the department is training its entire
Policing in an Age of Terrorism 39,000-member force in how to respond to biological, radio-
September 11, 2001, and the events in its wake have made clear logical, and chemical attacks.70 The NYPD has assigned detec-
the changed role of American police agencies in a new era tives to work abroad with law enforcement agencies in Canada,
of international terrorism. Israel, Southeast Asia, and the Middle East to track terrorists
Learning Explain how terrorism
Outcomes has made an imprint While the core mission of who might target New York City,71 and it now employs officers
4 on American policing. American police departments with a command of the Pashto, Farsi, and Urdu languages of the
has not changed, law enforce- Middle East to monitor foreign television, radio, and Internet
ment agencies at all levels communications. The department has also invested heavily in
now devote an increased new hazardous materials protective suits, gas masks, and por-
amount of time and other resources to preparing for possible table radiation detectors.
terrorist attacks and to gathering the intelligence necessary to In November 2004, in an effort to provide the law enforce-
thwart them. ment community and policy-makers with guidance on critical
Local police departments play an especially important role issues related to antiterrorism planning and critical-incident
in responding to the challenges of terrorism. They must help response, the IACP announced its Taking Command Initiative.
prevent attacks and respond when attacks occur, offering critical The IACP describes the initiative as “an aggressive project
evacuation, emergency medical, and security functions to help to assess the current state of homeland security efforts in the
stabilize communities following an incident. A PERF survey United States and to develop and implement the actions
of 250 police chiefs found that the chiefs strongly believe that necessary to protect our communities from the specter of
their departments can make valuable contributions to terrorism both crime and terrorism.”72 Initial deliberations under the

initiative led the IACP to conclude that “the current home- to put prevention of terrorism at the center of its law-
land security strategy is handicapped by a fundamental flaw: enforcement and national-security efforts.75
It was developed without sufficiently seeking or incorporat-
Following the attorney general’s lead, the FBI reshaped its
ing the advice, expertise, or consent of public safety organi-
priorities to focus on preventing terrorist attacks. This effort is
zations at the state, tribal or local level.”73 The IACP report
managed by the Counterterrorism Division at FBI headquar-
identified five key principles of an effective homeland secu-
ters and is emphasized at every field office, resident agency,
rity strategy.
and legal attaché (Legat) office. Headquarters administer a
The IACP recognizes that workable antiterrorism programs
national threat warning system that allows the FBI to instantly
at the local level require the effective sharing of critical infor-
distribute important terrorism-related bulletins to law enforce-
mation between agencies. FBI-sponsored Joint Terrorism Task
ment agencies and public-safety departments throughout the
Forces (JTTFs) facilitate this by bringing together federal and
country. “Flying Squads” provide specialized counterterrorism
local law enforcement personnel to focus on specific threats.
knowledge and experience, language capabilities, and analytic
The FBI currently has established or authorized JTTFs in each
support as needed to FBI field offices and Legats. To combat
of its 56 field offices. In addition to the JTTFs, the FBI has cre-
terrorism, the FBI’s Counterterrorism Division collects, ana-
ated Regional Terrorism Task Forces (RTTFs) to share informa-
lyzes, and shares information and critical intelligence with vari-
tion with local enforcement agencies. Through the RTTFs, FBI
ous federal agencies and departments—including the CIA, the
special agents assigned to terrorism prevention and investiga-
National Security Agency, and the Department of Homeland
tion meet twice a year with their federal, state, and local coun-
Security—and with law enforcement agencies throughout the
terparts for common training, discussion of investigations, and
country.
intelligence sharing. The FBI says that “the design of this non-
An essential weapon in the FBI’s battle against terrorism
traditional terrorism task force provides the necessary mecha-
is the JTTF. A national JTTF, located at the FBI’s Washington
nism and structure to direct counterterrorism resources toward
headquarters, includes representatives from the Departments
localized terrorism problems within the United States.”74 Six
of Defense and Energy, the Federal Emergency Management
RTTFs are currently in operation: the Inland Northwest, South
Agency, the CIA, U.S. Customs and Border Protection, the U.S.
Central, Southeastern, Northeast Border, Deep South, and
Secret Service, and U.S. Immigration and Customs Enforce-
Southwest.
ment. In addition, through 66 local JTTFs, representatives from
Given the changes that have taken place in American law
federal agencies, state, and local law enforcement personnel,
enforcement since the terrorist attacks of September 11, 2001,
and first responders coordinate efforts to track down terrorists
some say that traditional distinctions between crime, terror-
and to prevent acts of terrorism in the United States.
ism, and war are fading and that, at least in some instances,
In a speech delivered in late 2015, FBI Director James B.
direct military action and civil law enforcement are becom-
Comey summarized recent changes in the agency’s (and the
ing integrated. The critical question for law enforcement
government’s) anti-terrorism focus:
administrators in the near future may be one of discerning the
role that law enforcement is to play in the emerging global . . . al Qaeda, . . . the primary tumor of terrorism which
context. before 9/11, and in the years shortly after 9/11, was
based in the Afghanistan and Pakistan region. It was
focused on the spectacular attacks aimed at landmarks,
aimed especially at this great city, focused on airplane-
Federal Agencies and Antiterrorism
based attacks, sophisticated multi-pronged efforts
The FBI’s counterterrorism efforts became especially impor- involving carefully selected operatives, long-tail sur-
tant following the September 11, 2001, attacks on American veillance, careful operational security, and the execu-
targets. Two months after the attacks, then–U.S. Attorney Gen- tion of the next big thing . . . That culture of core al
eral John Ashcroft announced a major reorganization and Qaeda, and its approach to attacks lasted, frankly, until
mobilization of the FBI and other federal agencies, such as the the rise of the group that we call ISIL . . . [W]ith the rise
Immigration and Naturalization Service. Speaking at a press of ISIL, we were suddenly confronted with a terrorist
conference in Washington, D.C., Ashcroft said, group that had significant land that it controlled, signifi-
Our strategic plan mandates fundamental change in sev- cant resources, and an entirely different way of
eral of the most critical components of American justice approaching terrorism . . . Their mission was two-
and law enforcement, starting with the organization that pronged: to bring fighters and their families to the Iraq–
is at the center of our counterterrorism effort, the Fed- Syria border region where they claim their so-called
eral Bureau of Investigation. In its history, the FBI has caliphate, and if they couldn’t attract fighters to them,
been many things: the protector of our institutions when they wanted people to kill where they were. Not sophis-
they were under assault from organized crime; the ticated, airplane-focused, landmark-focused attacks,
keeper of our security when it was threatened by inter- just kill anybody wherever you are. That was their twin-
national espionage; and the defender of our civil rights pronged call, their siren song . . . The paradigm of al
when they were denied to some Americans on the basis Qaeda still exists in the world, but ISIL has become the
of their race, color or creed. Today the American leader in the global jihad through the crowdsourcing of
people call upon the Federal Bureau of Investigation terrorism.76

Examples of boundaryless policing can be found today in
Information Sharing and Antiterrorism so-called Regional Information Sharing Systems, or RISS. A
The need to effectively share criminal intelligence across juris- nationwide communications and information-sharing network,
dictions and between law enforcement agencies nationwide RISS serves thousands of law enforcement member agencies
became apparent with the tragic events of September 11, 2001. from all 50 states, the District of Columbia, the U.S. territo-
Consequently, governments at all levels are today working ries, Canada, Australia, and England. A private, secure intranet
toward the creation of a fully integrated criminal justice infor- (riss.net) connects six RISS centers and their participating
mation system. Although a fully integrated nationwide criminal law enforcement member agencies.80 The RISS ATIX,81 a
justice information system does not yet exist, efforts to create special aspect of the RISS Program that began operating in
one began with the 2003 National Criminal Intelligence Shar- 2003, allows for the secure exchange of information between
ing Plan (NCISP). The NCISP was developed under the aus- government and nongovernment officials who are responsible
pices of the U.S. Department of Justice’s Global Justice for planning and implementing terrorism-related prevention,
Information Sharing Initiative and was authored by its Global response, mitigation, and recovery efforts.
Intelligence Working Group.77 Federal, local, state, and tribal The federally funded SLATT Program provides specialized
law enforcement representatives all had a voice in the develop- training for active state and local law enforcement personnel
ment of the plan. The NCISP provides specific steps that can be in combating terrorism and extremist criminal activity.82 The
taken by law enforcement agencies to participate in the sharing SLATT Program has been central to antiterrorism research and
of critical law enforcement and terrorism prevention informa- training since the bombing of the Alfred P. Murrah Federal
tion. Plan authors note that not every agency has the staff or Building in Oklahoma City in 1995. SLATT focuses on the pre-
resources needed to create a formal intelligence unit. Even vention of terrorism by training state and local law enforcement
without a dedicated intelligence unit, however, the plan says officers to understand, detect, deter, and investigate acts of ter-
that every law enforcement organization must have the ability rorism in the United States by both international and domestic
to effectively consume the intelligence available from a wide terrorists. Following the attacks of September 11, 2001, SLATT
range of organizations at all levels of government.78 increased its training in the area of international terrorism.
Efforts to share crime- and terrorism-related intelligence Other examples of information sharing in the war on terror,
can result in what some have called boundaryless policing.79 most spearheaded by the FBI, appear in Figure 9–6.

Integrated Automated Fingerprint Identification System (IAFIS)
• IAFIS—which had 42,203 transactions per day during its inaugural year in 1999—now has the capability to process up to 400,000 ten-print
fingerprint and latent searches daily.
• The growth in fingerprint transaction volume is due to about 20,000 Department of Defense submissions per day, both domestically and overseas;
and about 40,000 US-Visit Customs and Border Protection transactions per day, representing noncriminal fingerprint submissions of individuals at
ports of entry into the United States.
Next Generation Identification (NGI)
• With the NGI program’s implementation of advanced fingerprint identification technology in February 2011, there is an automated system true
match rate of more than 99%, exceeding the previous IAFIS true match rate of approximately 92%. Processing speeds have also improved
dramatically; the average response rate for criminal submissions was just eight minutes and 42 seconds in fiscal year 2010—down from two hours
pre-9/11.
Biometric Technology Center
• To house the ever-expanding biometric business, the FBI has begun constructing the Biometric Technology Center, which is scheduled to be
completed in late spring 2014.
• The new building will serve three purposes: it will provide additional space for CJIS to accomplish needed biometrics services; it will house the FBI’s
Biometric Center of Excellence, which will provide training, conference space, and office and developmental facilities; and it will accommodate joint
biometric research and development efforts between the FBI and the Department of Defense.
National Crime Information Center (NCIC)
• Over the past ten years, NCIC transaction levels have increased from an average of three million daily to eight million daily. The largest increase is to
support Department of Homeland Security checks at U.S. ports of entry.
• Following 9/11, the NCIC’s Violent Gang and Terrorist Organization File took on added significance, becoming a central collection point for
information about terror suspects and forming the basis for the Terrorist Screening Center and its centralized terrorist watchlist.
National Instant Criminal Background Check System (NICS)
• CJIS has vastly improved the NICS program, enabling it to handle transactions that have grown from 8.5 million in 2001 to well over 14 million
NICS background checks for gun transfers completed in fiscal year 2010.
• To date, NICS has prevented 850,186 prohibited persons from obtaining guns.
Law Enforcement National Data Exchange (N-DEx)
• Launched in 2008, N-DEx provides a secure, online national information sharing system to the criminal justice community for their data, including
incident, arrest, booking, incarceration, probation, and parole reports.
• As of May 10, 2011, N-DEx possesses more than 100 million searchable records with 500 million entities (persons, places, and things) from 4,000
agencies available to more than 20,000 users.
Law Enforcement Online (LEO)
• LEO today supports virtual command centers that provide critical Internet-based, real-time monitoring of the detached parts of an operation, from
a local agency’s function to national security needs. This capability is used in a wide variety of circumstances—from criminal investigations to major
sporting events such as the Super Bowl, and from counterterrorism exercises and investigations to major international meetings.
CJIS Division Intelligence Group (CDIG)
• Established 2006, CDIG provides investigative and intelligence support to local, state, tribal, and federal law enforcement agencies, including the
Department of Defense, DHS, and other U.S. intelligence community members.
• Since its inception, CDIG has disseminated a wide variety of intelligence documents, including intelligence information reports, intelligence
assessments, threat assessments, intelligence notes, and security risk assessments.
FIGURE 9–6 Information Sharing in the War on Terror.

Source: Federal Bureau of Investigation, Criminal Justice Information Services Division, https://www.fbi.gov/about-us/ten-years-after-the-fbisince-
9-11/just-the-facts-1/criminal-justice-information-services-division (accessed January 25, 2016).

THE CASE
Encryption Technologies and Personal Rights
In early 2016, Apple and the FBI entered into a contentious We have always respected the fundamental right
and very public argument over privacy rights. As the fight of people to engage in private communications,
played out on national media, a federal magistrate in regardless of the medium or technology. Whether it
California ordered Apple to help the FBI get secure is instant messages, texts, or old-fashioned letters,
information off of an iPhone previously owned and used by citizens have the right to communicate with one
San Bernardino terrorist Syed Farook. Farook and his wife, another in private—without unauthorized government
Tashfeen, were killed in a gun battle with police after surveillance—not simply because the Constitution
shooting and killing 14 employees at a holiday party just demands it, but because the free flow of information
before Christmas, 2015. is vital to a thriving democracy.
The strong encryption built into the iPhone left the FBI helpless The benefits of our increasingly digital lives, however,
to recover its contents. Although Apple executives agreed with have been accompanied by new dangers, and we have
the FBI that terrorism must be combatted, the company’s been forced to consider how criminals and terrorists
refusal to crack its own code was based on its belief that users might use advances in technology to their advantage.
of Apple devices were entitled to privacy in their communica- For example, malicious actors can take advantage of
tions, and that, once the code was broken, any and all commu- the Internet to covertly plot violent robberies, murders,
nications over iPhones or iPads would be “fair game” to and kidnappings; sex offenders can establish virtual
government agencies wanting to unlock them. communities to buy, sell, and encourage the creation of
About the time that the Apple/FBI rift became public, FBI new depictions of horrific sexual abuse of children; and
Director James B. Comey spoke to members of the House individuals, organized criminal networks, and nation-
Judiciary Committee in Washington, D.C. What follows is an states can exploit weaknesses in our cyber-defenses to
extract of that talk:83 steal our sensitive, personal information. Investigating
and prosecuting these offenders is a core responsibility
In recent years, new methods of electronic communica- and priority of the Department of Justice. As national
tion have transformed our society, most visibly by security and criminal threats continue to evolve, the
enabling ubiquitous digital communications and facili- Department has worked hard to stay ahead of changing
tating broad e-commerce. As such, it is important for threats and changing technology.
our global economy and our national security to have
We must ensure both the fundamental right of people
strong encryption standards. The development and
to engage in private communications as well as the
robust adoption of strong encryption is a key tool to
protection of the public. One of the bedrock principles
secure commerce and trade, safeguard private informa-
upon which we rely to guide us is the principle of judi-
tion, promote free expression and association, and
cial authorization: that if an independent judge finds
strengthen cyber security. We are on the frontlines of the
reason to believe that certain private communications
fight against cyber crime, and we know first-hand the
contain evidence of a crime, then the government can
damage that can be caused by those who exploit vul-
conduct a limited search for that evidence.
nerable and insecure systems. We support and encour-
age the use of secure networks to prevent cyber threats The more we as a society rely on electronic devices to
to our critical national infrastructure, our intellectual communicate and store information, the more likely it
property, and our data so as to promote our overall is that information that was once found in filing cabi-
safety. nets, letters, and photo albums will now be stored only
American citizens care deeply about privacy, and rightly in electronic form. We have seen case after case—from
so. Many companies have been responding to a market homicides and kidnappings, to drug trafficking, finan-
demand for products and services that protect the pri- cial fraud, and child exploitation—where critical evi-
vacy and security of their customers. This has generated dence came from smart phones, computers, and online
positive innovation that has been crucial to the digital communications.
economy. We, too, care about these important princi- When changes in technology hinder law enforcement’s
ples. Indeed, it is our obligation to uphold civil liberties, ability to exercise investigative tools and follow critical
including the right to privacy. leads, we may not be able to root out the child
(continued)

THE CASE
Encryption Technologies and Personal Rights (Continued )
predators hiding in the shadows of the Internet, or find an offender being convicted or acquitted. If we cannot
and arrest violent criminals who are targeting our access this evidence, it will have ongoing, significant
neighborhoods. We may not be able to identify and impacts on our ability to identify, stop, and prosecute
stop terrorists who are using social media to recruit, these offenders.
plan, and execute an attack in our country. We may not We would like to emphasize that the Going Dark prob-
be able to recover critical information from a device lem is, at base, one of technological choices and
that belongs to a victim who cannot provide us with the capability. We are not asking to expand the govern-
password, especially when time is of the essence. ment’s surveillance authority, but rather we are asking
These are not just theoretical concerns. . . . to ensure that we can continue to obtain electronic
We are seeing more and more cases where we believe information and evidence pursuant to the legal
significant evidence resides on a phone, a tablet, or a authority that Congress has provided to us to keep
laptop—evidence that may be the difference between America safe.
The everyday use of encryption technologies raises several important questions:

1. What are the societal and personal needs of strong encryption technologies, like those discussed in this story?
2. Should encrypted communications be subject to enforced decryption in the face of valid court orders supporting law
enforcement’s need to examine the contents of those communications?

C hapter 9 Policing in the Modern Era
Learning Discuss advances in information and commu- geographic profiling Using crime-mapping technology to identify the
Outcomes nications technology as they apply to policing. likely whereabouts or residences of repeat or serial offenders.
1 Advances in information and communications Homicide Investigation and Tracking System (HITS) A geographic profil-
technology that have affected police agencies ing system that ties various databases together (gang files, sex offender
include computer-aided drafting, computer-assisted registries, parole records, and department of motor vehicle records) to
training, crime mapping, geographic profiling, and crime facilitate simultaneous database searches.
intelligence systems. Compstat, an innovative police CalGang A sophisticated software database of known gang members that
management strategy, stresses intelligence gathering, field officers in California can access quickly. GangNet is a modified ver-
rapid deployment of police resources, effective tactics, sion of the software that is used nationwide.
and follow-up. predictive policing The use of analytical techniques to identify likely tar-
1. How has information and communications technology gets for criminals and prevent crime.
improved law enforcement? Compstat A goal-oriented police management process that relies heavily
2. What is Compstat? How did it develop? on computer technology and accountability of top-level administrators.
computer-aided drafting (CAD) A technology, adapted to meet the
3. What is crime mapping? How can crime mapping be uti- needs of police officers and criminal investigators, that facilitates the
lized to improve law enforcement outcomes? drafting of crime scenes on a computer so that they can be viewed
4. What is “HITS,” and how can it improve the outcome of three-dimensionally.
efforts made by law enforcement agencies to prevent firearms training system (FATS) A full-size, fully interactive training
crime? device, not unlike flight and driving simulators, that exposes police
pin map An early crime-mapping technique that used colored pins to trainees to realistic shooting scenarios. The realism is enhanced by fully
track criminal events on a map of the police department’s jurisdictional encasing the trainees in a particular surrounding rather than simply putting
area. them in front of a television screen.
Learning Define intelligence-led policing and provide criminal intelligence A synergistic product intended to provide meaning-
Outcomes examples of it. ful and trustworthy direction to law enforcement decision makers about
2 Intelligence-led policing is a method of policing complex criminality, criminal enterprises, criminal extremists, and terror-
that focuses resources on key criminal activi- ists. Also, a process that evaluates information collected from diverse
ties. Once crime problems are identified and quantified sources, integrates the relevant information into a cohesive package, and
through intelligence assessments, key areas of criminal produces a conclusion or estimate about a criminal phenomenon by using
activity can be targeted for investigation and prevention the scientific approach to problem solving.
efforts. tactical intelligence A type of intelligence that includes gaining or devel-
oping information related to threats of terrorism or crime and using this
1. What is criminal intelligence? How does it differ from
information to apprehend offenders, harden targets, and use strategies
information?
that will eliminate or mitigate the threat.
2. What is intelligence-led policing? Provide some strategic intelligence A type of intelligence that provides information to
examples. decision makers about the changing nature of threats, enabling them to
3. What is the difference between strategic intelligence develop response strategies and reallocate resources for effective threat
and tactical intelligence? How can both forms of intel- prevention.
ligence be used by law enforcement agencies? National Criminal Intelligence Sharing Plan (NCISP) A formal intelli-
4. What is National Criminal Intelligence Sharing Plan? gence-sharing initiative that addresses the security and intelligence needs
What event provided the impetus for its creation? recognized after the tragic events of September 11, 2001. It describes a
nationwide communications capability that will link together all levels of
intelligence-led policing The collection and analysis of information to
law enforcement personnel, including officers on the streets, intelligence
produce an intelligence end product designed to inform police decision
analysts, unit commanders, and police executives, for the purpose of shar-
making at both the tactical and the strategic level. Also called intelligence-
ing critical data.
driven policing.
fusion center An intelligence-gathering unit, often constituted as a col-
intelligence Information that has been analyzed and integrated into a
laborative effort that serves various agencies.
useful perspective.
Chapter 9 Policing in the Modern Era 163

Learning Describe evidence-based policing. 3. Why is evidence-based policing especially important
Outcomes today?
Evidence-based policing, a concept originally
3 developed by noted police researcher Lawrence
W. Sherman at the close of the twentieth cen- Lawrence W. Sherman A noted police researcher, and contemporary pro-
tury, refers to the application of social science analytical ponent of evidence-based policing.
techniques in an effort to measure the effectiveness and evidence-based policing The use of the best available research on the
efficiency of law enforcement policies and programs. The outcomes of police work to implement guidelines and evaluate agencies,
basic premise of evidence-based practice, says Sherman, units, and officers.
“is that we are all entitled to our own opinions, but not to
smart policing A systemwide and strategic view of police operations that
our own facts.”
includes consideration of causal factors of crime, system impact of police
1. What is evidence-based policing? actions, partnerships with community organizations to support crime-
prevention activities, and more effective policing that stresses integration
2. What does the term evidence mean within the context
of analytics, evidence-based practices, and emerging technology tools into
of evidence-based policing?
ongoing police operations.
Learning Explain how terrorism has made an imprint on 4. What is the Taking Command Initiative? Which organiza-
Outcomes American policing. tion sponsors it? What is the purpose of the initiative?
4 While the core mission of American police
departments has not changed, law enforce- Taking Command Initiative A project undertaken by the International
ment agencies at all levels now devote an increased Association of Chiefs of Police to assess the current state of homeland
amount of time and other resources to preparing for pos- security efforts in the United States and to develop and implement the
sible terrorist attacks and to gathering the intelligence actions needed to protect American communities from the specter of both
necessary to thwart them. crime and terrorism.
1. In what ways has terrorism affected American policing? Joint Terrorism Task Force (JTTF) An FBI-sponsored group composed of
federal, state, and local law enforcement personnel who are brought
2. What is boundaryless policing, and how can law
together to focus on a specific threat.
enforcement agencies benefit from the concept?
boundaryless policing Any of various technology-based intelligence
3. Which federal agency sponsors Joint Terrorism Task efforts designed to combat crime and terrorism.
Forces? What do such task forces do?
References
1 South Carolina General Assembly, 121st Session, 6 K. J. Peak, Policing in America: Methods, issues, chal-
2015–2016, A71, R100, S47, http://www.scstate- lenges, 5th ed. (Upper Saddle River, NJ: Prentice Hall,
house.gov/sess121_2015-2016/bills/47.htm 2006), pp. 430–31.
(accessed March 15, 2015). 7 W. L. Perry, B. McInnis, C. C. Price, S. C. Smith, and J. S.
2 President’s Task Force on 21st Century Policing, Final Hollywood, Predictive policing: The role of crime forecast-
Report of the President’s Task Force on 21st Century ing in law enforcement operations (Santa Monica, CA:
Policing (Washington, DC: Office of Community Oriented RAND Corporation, 2013), p. xiv.
Policing Services, 2015), p. 31. 8 G. O. Mohler, M. B. Short, S. Malinowski, M. Johnson, G.
3 P. J. Solar, How technology is changing law enforcement: E. Tita, A. L. Bertozzi, and P. J. Brantingham, “Random-
The latest high-tech innovations offer benefits and chal- ized controlled field trials of predictive policing,” Journal
lenges for crime fighters, http://www.policemag.com/blog/ of the American Statistical Association, vol. 110 (2015),
technology/story/2015/12/how-technology-is-changing- pp. 1399–1411.
law-enforcement.aspx (accessed January 21, 2016). 9 S. Wolpert, “Predictive policing substantially reduces
4 National Institute of Justice, Mapping and analysis for pub- crime in Los Angeles during months-long test,” UCLA
lic safety, http://www.nij.gov/topics/technology/maps/ Newsroom, October 7, 2015, http://newsroom.ucla
pages/welcome.aspx (accessed January 22, 2016). .edu/releases/predictive-policing-substantially-reduces-
5 B. A. Reaves, Local police departments, 2013: Equipment crime-in-los-angeles-during-months-long-test (accessed
and technology (Washington, DC: Bureau of Justice Sta- January 22, 2016).
tistics, 2013), p. 7.

10 B. A. Reaves, Local police departments, 2013: Equipment 32 J. Raymond, “Forget the pipe, Sherlock: Gear for tomor-
and technology (Washington, DC: Bureau of Justice Sta- row’s detectives,” Newsweek, June 22, 1998, p. 12.
tistics, 2013), p. 3. 33 VirTra Systems, http://www.virtra.com/ (accessed
11 L. J. Westphal, “The in-car camera: Value and January 21, 2016).
impact,” Police Chief, November 9, 2004, http://www. 34 Advanced Interactive Solutions, “PRISim,” www.ais-
policechiefmagazine.org/magazine/index.cfm?fuseaction= solutions.co.uk/prisim.php (accessed January 21,
display&article_id=358 (accessed January 21, 2016). 2016).
12 D. J. Roberts and M. Casanova, Automated License Plate 35 Ibid.
Recognition (ALPR) use by law enforcement: Policy and 36 The concept of intelligence-led policing appears to have
operational guide, summary (Washington, DC: U.S. been first fully articulated in A. Smith, ed., Intelligence-
Department of Justice, 2012), p. 2. led policing (Richmond, VA: International Association of
13 Ibid., p. 10. Law Enforcement Intelligence Analysts, 1997).
14 https://www.aclu.org/feature/you-are-being-tracked 37 M. Peterson, Intelligence-led policing: The new intelli-
(accessed January 21, 2016). gence architecture (Washington, DC: Bureau of Justice
15 Ibid. Assistance, 2005), p. 3.
16 Police Executive Research Forum, Future trends in polic- 38 Ibid., p. 11.
ing (Washington, DC: Office of Community Oriented 39 I. D. L. Carter, Law enforcement intelligence: A guide
Policing Services, 2014). for state, local, and tribal law enforcement agencies
17 Ibid., p. 27. (Washington, DC: U.S. Department of Justice, 2004),
18 J. D. Lieberman, D. Koetzle, and M. Sakiyama, “Police p. 7.
departments’ use of Facebook: Patterns and policy 40 Ibid.
issues,” Police Quarterly, vol. 16 (2013), pp. 438–62. 41 Much of the information and some of the wording in
19 International Association of Chiefs of Police, 2015 Social this section is taken from Carter, Law enforcement
Media Survey Results, http://www.iacpsocialmedia.org/ intelligence.
Portals/1/documents/FULL%202015%20Social%20 42 Peterson, Intelligence-led policing, p. 3.
Media%20Survey%20Results.pdf (accessed January 22,
43 Carter, Law enforcement intelligence, p. 8.
2016).
44 Ibid.
20 E. Silverman, NYPD battles crime: Innovative strategies in
policing (Boston: Northeastern University Press, 1999). 45 Peterson, Intelligence-led policing, p. 12.
21 D. Weisburd et al., Compstat and organizational change: 46 Ibid.
Findings from a national survey (Washington, DC: Police 47 R. Wright, “Management of the intelligence unit,” in
Foundation, 2001). For a review of Compstat-like strate- Intelligence 2000: Revising the basic elements, eds.
gies in six cities, see also M. H. Moore and A. A. Braga, M. B. Peterson, R. Wright, and B. Morehouse, p. 69
“Measuring and improving police performance: The (Lawrenceville, NJ: International Association of Law
lessons of Compstat and its progeny,” Policing: An Inter- Enforcement Intelligence Analysts and Law Enforcement
national Journal of Police Strategies and Management, Intelligence Units, 2001).
vol. 26 (2003), pp. 439–53. 48 Peterson, Intelligence-led policing, p. 13.
22 E. Brady, “Compstat: Mapping, accountability, equal less 49 Ibid., p. 6.
crime,” USA Today, December 1, 1997, p. 18A. 50 Ibid., p. 7.
23 K. Harries, Mapping crime: Principle and practice 51 Ibid.
(Washington, DC: National Institute of Justice, 1999), p. 79.
52 This section draws from Peterson, Intelligence-led
24 Ibid. policing, p. 9.
25 Ibid. 53 Ibid.
26 J. Maple, The crime fighter (New York: Doubleday, 1999), 54 D. Lambert, “Intelligence-led policing in a fusion center,”
p. 93. FBI Law Enforcement Bulletin, December 2010, www.fbi
27 Silverman, NYPD battles crime, p. 104. .gov/stats-services/publications/law-enforcement-bulletin
28 Harries, Mapping crime, p. 80. /Dec2010/intelligence_feature (accessed January 14,
29 R. Garner and L. Hoover, “The Compstat craze: Empha- 2011).
sizing accountability in policing,” paper presented at the 55 Ibid., p. 11.
annual meeting of the Academy of Criminal Justice Sci- 56 “Evidence-based policing,” Police Foundation press
ences in New Orleans, 2000. release, March 17, 1998, www.policefoundation.org/
30 Ibid., p. 11. docs/evidence.html (accessed January 5, 2009).
31 D. Pederson, “Bullets in the big easy,” Newsweek, 57 Lawrence W. Sherman, Evidence-based policing
December 23, 1996, p. 29. (Washington, DC: Police Foundation, 1998), p. 3.
Chapter 9 Policing in the Modern Era 165

58 Much of the information in this section comes from 72 International Association of Chiefs of Police, From home-
Sherman, Evidence-based policing. town security to homeland security: IACP’s principles for a
59 Neil Wain and Alex Murray, “Gathering evidence,” locally designed and nationally coordinated homeland
PoliceProfessional.com, March 24, 2001, http://gemini security strategy (Alexandria, VA: International Associa-
.gmu.edu/cebcp/BritishSocietyEBPolicing.pdf (accessed tion of Chiefs of Police, 2005).
May 18, 2011). 73 Ibid.
60 Carl J. Jensen III, “Consuming and applying research: 74 R. J. Jordan, Federal Bureau of Investigation, Congressio-
Evidence-based policing,” Police Chief, vol. 73, no. 2 nal statement on information sharing before the U.S.
(February 2006), http://www.policechiefmagazine.org/ Senate Committee on the Judiciary, Subcommittee on
magazine/index.cfm?fuseaction=display_arch&article_ Administrative Oversight and the Courts, Washington,
id=815&issue_id=22006 (accessed January 21, 2016). DC, April 17, 2002, www2.fbi.gov/congress/
61 Ibid. congress01/mcchesney111301.htm (accessed
62 University of Cambridge, “Evidence-based policing: Pos- January 21, 2016).
sibilities and prospects,” revised and final program 75 U.S. Department of Justice, “Attorney General Ashcroft
announcement, June 30, 2008. and Deputy Attorney General Thompson announce reor-
63 https://www.crimesolutions.gov/about.aspx (accessed ganization and mobilization of the nation’s justice and
January 25, 2016). law enforcement resources,” press release, November 8,
2001.
64 Smart Policing Initiative, “Background,” www.smartpolic-
inginitiative.com/background (accessed May 2, 2014). 76 https://www.fbi.gov/news/speeches/standing-together-
65 Steve Rickman, “Defining the Smart Policing Initiative,” against-terrorism-and-fear-tossed-by-the-waves-but-never-
www.smartpolicinginitiative.com/spi-events/defining- sunk (accessed January 25, 2016).
smart-policing-initiative (accessed January 21, 2016). 77 The plan was an outgrowth of the IACP Criminal Intelli-
66 Charlie Beck, “Predictive policing: What can we learn gence Sharing Summit held in Alexandria, Virginia, in
from Wal-Mart and Amazon about fighting crime in a March 2002. Results of the summit are documented in
recession?,” The Police Chief, April 2012, www.poli- International Association of Chiefs of Police, Recommen-
cechiefmagazine.org/magazine/index.cfm?fuseaction= dations from the IACP intelligence summit, criminal intel-
display_arch&article_id=1942&issue_id=112009 ligence sharing (Washington, DC: COPS Office, 2002).
(accessed January 21, 2016). 78 Office of Justice Programs, The national criminal intelli-
67 Police Executive Research Forum, Local law enforce- gence sharing plan (Washington, DC: U.S. Department of
ment’s role in preventing and responding to terrorism Justice, 2003).
(Washington, DC: Police Executive Research Forum, 79 The term comes from Bud Levin, as quoted in Gene
October 2, 2001). Stephens, “Policing the future: Law enforcement’s new
68 Council on Foreign Relations, “Terrorism questions and challenges,” The Futurist, March–April 2005, p. 55.
answers: Police departments,” www.cfr.org/publication/ 80 Visit RISS at www.riss.net (accessed January 21, 2016).
10214/police_departments.html?breadcrumb=default 81 http://www.riss.net/Resources/ATIX (accessed January
(accessed January 21, 2016). 21, 2016).
69 Ibid. 82 State and Local Anti-Terrorism Training Program, www.slatt
70 M. Weissenstein, “NYPD shifts focus to terrorism, long .org/default.aspx (accessed January 21, 2016).
considered the turf of federal agents,” Associated Press, 83 James B. Comey, Director, Federal Bureau of Investiga-
March 21, 2003. tion, “Statement Before the House Judiciary Commit-
71 Ibid. tee,” Washington, DC, March 1, 2016.

10
Policing and the Law
1 Discuss the influence of the Fourth Amendment on

searches and seizures.
2 Discuss the constitutional rules governing

confessions and interrogations.
Mikael Karlsson/Alamy Stock Photo
Intro Playing by the Rules: A Job Requirement
Not only do police officers enforce the law, but they are
also held accountable under it. The principle that no one—
not even those who make and enforce the law—is immune
from the law’s reach is known as the rule of law. In societ-
ies where the rule of law operates, fairness and equal
treatment before the law are accorded to everyone—no
Mark Bugnaski/AP Images

matter their social status or political position.
In a society like ours, effective police officers must be
aware of how the law governs their everyday activities.
When they make arrests, search suspects, and interro-
gate them—and even when they make simple observa-
tions and draw certain actionable conclusions—various
constitutional considerations come into play. Those con-
stitutional issues, which are sometimes collectively
referred to as the law of search and seizure, are the focus
of this chapter. somewhat unexpected decision, the Supreme Court
Consider the Supreme Courts’ decision in Riley v. agreed. It decided in part that “a search of digital infor-
California1, a case dealing with the question of whether a mation on a cell phone does not further . . . government
police officer’s warrantless search of an arrestee’s cell interests . . . and implicates substantially greater indi-
phone violated the Fourth Amendment. Riley was vidual privacy interests than a brief physical search.” The
arrested for weapons violations following a traffic stop. Riley decision was heralded as a huge victory for privacy
A police officer then searched him, which is permissible advocates, including the American Civil Liberties Union
under a popular exception to the Fourth Amendment’s and other organizations concerned with potential over-
warrant requirement (search incident to arrest), dis- reach by authorities in a digital age.
cussed in greater detail later in this chapter. As part of In this chapter, we will examine the rules governing
the search, the officer also examined Riley’s cell phone searches and seizures, as well as those pertaining to
and found information linking him to a recent gang shoot- confessions and interrogations. The rules we will be dis-
ing. Later at the police station, a gang unit detective fur- cussing stem largely from court interpretations of the
ther examined the phone, confirming the arresting Fourth and Fifth Amendments to the U.S. Constitution,
officer’s suspicions that Riley was involved in the recent and it would be a good idea to review both amendments
shooting. Riley attempted to exclude the evidence before proceeding. While the language in these amend-
obtained from his cell phone, arguing that the officers ments may seem to be relatively straightforward, it has
engaged in an unreasonable search. In a unanimous and been scrutinized in scores of federal court cases.
▶ Search and Seizure

The issue of how to properly conduct searches and seizures ranks The Fourth Amendment applies when a search or seizure is
as among the most important in law enforcement today. Serving being contemplated (search warrants are discussed later in this
search warrants, arresting suspects, making traffic stops, stop- chapter) or takes place. Searches are, as the term suggests, activ-
ping suspicious individuals on foot, inventorying impounded ities performed in order to find evidence to be used in a criminal
vehicles, and a host of other activities require an intimate knowl- prosecution. To define when a Fourth Amendment search takes
edge of the Fourth Amendment. Fourth Amendment violations place, however, two important elements must be considered:
can result in lawsuits, complaints, difficulty convicting defen- (1) whether the search is a product of government action and
dants, the release of criminals into the community, and even (2) whether the government action infringes on the individual’s
criminal charges against law enforcement officers. reasonable expectation of privacy. We will return to this topic
shortly.
The term seizure has a dual meaning in policing. First,
When the Fourth Amendment Applies
property can be seized, and a search often results in the sei-
The Fourth Amendment states the following: zure of evidence. For example, if the police successfully
The right of the people to be secure in their persons, serve a search warrant to look for illegal weapons at 345 Oak
houses, papers, and effects, against unreasonable Street, any illegal weapons they find there will be seized.
searches and seizures, shall not be violated, and no War- But people can also be seized. Seizures of people can occur
rants shall issue, but upon probable cause, supported by almost anywhere and at any time. An arrest, for example,
Oath or affirmation and particularly describing the place is considered a seizure within the meaning of the Fourth
to be searched, and the persons or things to be seized. Amendment.
168 Chapter 10 Policing and the Law

The next stage in the Fourth Amendment analysis requires had to amount to what would otherwise be considered common
that we focus on the reasonableness of the search or seizure. law trespass for it to be considered a search. Any police activity
Once Fourth Amendment protections have been triggered, we that was not trespassory in nature was not considered a search.
must ask whether the officers acted in line with Fourth Amend- This definition became outdated in the landmark decision in
ment requirements. If a person has been arrested, for exam- Katz v. United States (1967).3
ple, the question is whether the police had adequate reason to In Katz, federal agents placed a listening device outside a
believe that the person arrested in fact committed the crime. phone booth in which Katz was having a conversation. Katz
When courts focus on the reasonableness of a search or sei- made incriminating statements during the course of his conver-
zure, they speak in terms of justification. If the police engage sation, and the Federal Bureau of Investigation (FBI) sought to
in searches or seizures without justification, they violate the use the statements against him at trial. The lower court ruled
Fourth Amendment. that the FBI’s activities did not amount to a search because there
The only justification mentioned in the Fourth Amendment was no physical entry into the phone booth. The U.S. Supreme
is probable cause. Consequently, lay readers may be inclined Court reversed the lower court’s decision, holding that the
to think that any search or seizure based on a lesser degree of Fourth Amendment “protects people, not places,” so its reach
certainty than probable cause would violate the Fourth Amend- “cannot turn upon the presence or absence of a physical intru-
ment. For a time, this was the case, but in recent decades, the sion into any given enclosure.”4 Instead, the Fourth Amend-
U.S. Supreme Court has carved out exceptions to the Fourth ment definition of search turns on the concept of privacy. In
Amendment’s probable cause requirement. The Court has ruled the Court’s words, “The Government’s activities in electroni-
that there are certain situations in which the police can seize cally listening to and recording words violated the privacy upon
people or look for evidence with a lesser degree of certainty which [Katz] justifiably relied while using the telephone booth
than probable cause. These situations are described later in this and thus constituted a ‘search and seizure’ within the meaning
chapter. of the Fourth Amendment.”5
Despite the seemingly profound change in the search and
seizure definition following Katz, several subsequent decisions
Defining Search and Seizure have interpreted the Katz ruling rather narrowly. For example,
Not every act of looking for evidence can be considered a the Supreme Court has since ruled that a Fourth Amendment
search within the meaning of the Fourth Amendment, nor is search or seizure occurs only when there has been an infringe-
every act of “grabbing” something or someone considered a ment on an expectation of privacy that society (through the eyes
seizure. For example, private citizens may look for evidence, of a court) is willing to accept as reasonable.6 It further stated
but their actions are not that “[w]hat a person knowingly exposes to the public, even in
Learning Discuss the influence bound by the Fourth Amend- his own home or office, is not subject to Fourth Amendment
Outcomes of the Fourth
ment because private citi- protection.”7 Protection is afforded only for “what he seeks to
1 Amendment on zens are not government preserve as private.”8
searches and seizures.
actors. The Fourth Amend-
ment protects citizens from What Is a Seizure?
government action. As such, one requirement in determining The Supreme Court has concluded that the seizure of tangi-
when a search occurs is to ascertain who is looking for evi- ble property occurs “when there is some meaningful interfer-
dence. And although the Fourth Amendment restricts govern- ence with an individual ’s possessory interest in that
ment action, it is not the case that government actors always property.”9 A seizure of a person occurs when a police offi-
engage in searches when looking for evidence. There are cer, by means of physical force or show of authority, inten-
many things the police can do to look for evidence—such as tionally restrains an individual’s liberty in such a manner that
looking in open fields and public areas, examining items a reasonable person would believe that he or she is not free to
that have been discarded, observing people and things in leave.10 Another way to understand a Fourth Amendment sei-
public view, and so on—without being bound by the Fourth zure is by asking the question, Would a reasonable person
Amendment. believe that he or she is free to decline the officer’s requests
or otherwise terminate the encounter?11 If the answer is no, a
What Is a Search? seizure has occurred.
The Fourth Amendment’s protection against unreasonable There can be several types of seizures of a person, just as
searches and seizures has been limited by the courts to behavior there can be many different types of searches. For example,
that is governmental in nature. When a private individual seizes a person can be arrested, perhaps the most significant form
evidence or otherwise conducts a search, Fourth Amendment of seizure. But a stop-and-frisk situation also amounts to a
protections are not triggered.2 seizure, as we will see later. A seizure can also occur with-
For a Fourth Amendment search to occur, the government out any physical contact; for example, an officer can block a
actor must also infringe on a person’s reasonable expectation person’s path, which could amount to a seizure. Add to that
of privacy. What is a reasonable expectation of privacy? Prior the number of possible search scenarios, including searches
to 1967, the definition of search was closely tied to property with and without warrants, and things get even more complex.
interests. Police action was deemed a search only if it physically Figure 10–1 summarizes the differences between searches and
infringed on an individual’s property. Essentially, the activity seizures.

necessary to obtain a criminal conviction) but
Search above a hunch or reasonable suspicion (the latter
Government actor must infringe on a person’s reasonable expectation of privacy.
is required to conduct a stop-and-frisk). See Figure
Fourth Amendment protections only extend to government officials such as a police 10–2 for an overview of the components of prob-
officer working in his or her official capacity. able cause.
Private citizens are not government actors, unless they act at the behest of a
governmental official (e.g., an officer asks a private citizen to conduct the search Reasonable Suspicion
for him or her). While the justification required to conduct a
search or a seizure is probable cause, much police
activity does not reach the level of intrusion that
Seizure occurs when a search or seizure is carried out. For
Meaningful interference with an individual’s possessory interest in that property. example, the police routinely confront people on
A seizure of a person occurs when a police officer, by means of physical force or the street to question them or pull over automo-
show of authority, intentionally restrains an individual’s liberty in such a manner that biles to enforce traffic laws. If probable cause
a reasonable person would believe that he or she is not free to leave. were required under such circumstances, there
would be very little the police could do in terms of
FIGURE 10–1 Search and Seizure. investigating suspicious activity.
Recognizing how essential these lesser intru-
sions are to the police mission, the Supreme Court
established a different level of justification for such activities
Justification in Terry v. Ohio (1968).14 The standard the Court created was
To this point, we have addressed only the threshold question of “reasonable suspicion.” Reasonable suspicion is something
whether the Fourth Amendment applies; that is, has a search or below probable cause but above a hunch.
a seizure occurred? If the answer is no, the matter would go no The facts of the Terry case are interesting: An officer’s atten-
further, and justification would not matter because a search or tion was drawn to two men on a street corner who appeared
seizure did not occur. However, if, in the case of a search, the to the officer to be “casing” a store for a robbery. The officer
government’s action infringes on a person’s reasonable expec- approached the men and asked them to identify themselves and
tation of privacy, the next issue involves deciding whether the then proceeded to pat the men down. Finding a gun on each
police acted within the limits of the Fourth Amendment. man, he placed the men under arrest. They later sought to
The police must have justification, or cause, before they can have the guns excluded as evidence from trial (the exclusion-
conduct a search or a seizure. Justification must be in place a ary rule is discussed in the next chapter), but the U.S. Supreme
priori, that is, before a person or evidence is sought in an area Court eventually held that the officer’s actions were valid in
protected by the Fourth Amendment. The police cannot conduct the interests of “effective crime prevention and detection.”15 It
illegal searches to obtain evidence and then argue after the fact also stated that because “street encounters between citizens and
that what they did was appropriate. police officers are incredibly rich in diversity,”16 a lower stan-
Justification can be viewed as something of a sliding scale dard than probable cause is required.
that hinges on the type of intrusion the police make. Gener- As a level of justification lying below probable cause, rea-
ally, the more intrusive the police action, the higher the level sonable suspicion is “considerably less than proof of wrongdo-
of justification required. Likewise, the lower the level of intru- ing by a preponderance of evidence”17 but more than a mere
sion, the lower the justification the police need. Three primary hunch. Think of reasonable suspicion as more than 0% certainty
levels of justification recognized by the courts are considered (i.e., more than a mere hunch) and less than 51% certainty (i.e.,
in this chapter: (1) probable cause—the standard for searches less than probable cause).
and seizures; (2) reasonable suspicion—the standard for stop-
and-frisk activities; and (3) administrative justification—the
standard for administrative searches.
Prior record
Probable Cause Flight from the scene
Probable cause has been defined by the U.S. Supreme Court as Suspicious conduct
Admission
more than bare suspicion; it exists when “the facts and circum-
Incriminating evidence
stances within [the officers’] knowledge and of which they Unusual hour
[have] reasonably trustworthy information [are] sufficient to Suspect resembling perpetrator
warrant a prudent man in believing that the [suspect] had com- Evasive and untruthful responses to questions
mitted or was committing an offense.”12 The Court had noted in Obvious attempt to hide something
an earlier case, “The substance of all the definitions of probable Presence in a high-crime area or near the crime scene
cause is a reasonable ground for belief of guilt.”13 A more prac- Furtive gestures
tical definition of probable cause is that it consists of more than Knowing too much
50% certainty. Probable cause lies somewhere below absolute
certainty and proof beyond a reasonable doubt (the latter is FIGURE 10–2 Components of Probable Cause.

Administrative Justification
A third level of justification has arisen by virtue of the fact that
government entities occasionally conduct searches in circum-
Think About It…
Drug Courier Profiling
United States Customs

stances other than criminal investigations. There are occasions
where some sort of search is necessary, but that search is not In United States v.
and Border Patrol

conducted in an effort to detect evidence of a crime, such as a Montoya De Hernandez,
cache of illegal weapons. We have seen that searches and sei- the U.S. Supreme Court
zures aimed at obtaining evidence intended to be used in a ruled that “the detention
criminal proceeding cannot occur without appropriate justifica- of a traveler at the
tion: probable cause for a search or seizure or reasonable suspi- border, beyond the scope
cion for a stop-and-frisk. The Supreme Court has created a of a routine customs search and inspection, is justified
different level of justification for noncriminal, or administra- at its inception if customs agents, considering all the
tive, searches. facts surrounding the traveler and her trip, reasonably
Administrative searches attempt to achieve a balance suspect that the traveler is smuggling contraband in
between protecting individuals’ privacy interests and protecting her alimentary canal.” Profiling is also used in airports
public safety. Where public-safety concerns outweigh individ- and other ports of entry to detect suspected terrorists.
ual privacy interests, an administrative search may be permis- What are the characteristics of suspected terrorists?
sible. One such search that has routinely been sanctioned by the How many otherwise law-abiding people are stopped
courts is a sobriety checkpoint set up for the purpose of protect- and inconvenienced? Do the benefits of the practice
ing the public by removing drunk drivers from roadways. Other outweigh the costs? Explain.
examples of permissible administrative searches are discussed
later in this chapter. For a summary of the various levels of
proof, see Figure 10–3.
entries into private homes for the purpose of making an arrest.
The Court has also required that arrests made in third-party
The Rules of Search and Seizure homes require a warrant to search the property for the person
Assuming that a case arises wherein the Fourth Amendment to be arrested. To enter without a warrant could amount to a
applies and officers have proper justification, what’s next? The search without proper justification, in violation of the Fourth
answer depends on whether the action in question is a search, a Amendment.19
seizure, a stop, or an administrative search. It also depends on Assuming that an arrest warrant is required, it must con-
whether a warrant is required. form to certain requirements. First, a neutral and detached
magistrate must authorize the warrant. Second, a showing of
Arrest Warrant Requirements
probable cause must be made. Finally, the warrant should be
The Fourth Amendment does not require an arrest warrant sufficiently particular so as to minimize the possibility of arrest-
for all arrests, but the U.S. Supreme Court has adopted the ing the wrong person.
view that arrest warrants are preferable. They can be
obtained when the police know who they want to arrest but Neutral and Detached Magistrate. The U.S. Supreme Court
the person is not immediately available (e.g., he or she has has said,
escaped confinement). In contrast, if a police officer observes
a person rob a bank, then it would obviously be impractical The point of the Fourth Amendment . . . is not that it
to require the officer to obtain an arrest warrant before denies law enforcement the support of the usual infer-
arresting the suspect. ences reasonable men draw from evidence. Its protec-
When are arrest warrants required? Essentially, the rule tion consists in requiring that those inferences be drawn
is this: An arrest made in a public place does not require an by a neutral and detached magistrate instead of being
arrest warrant (but does require probable cause); an arrest judged by the officer engaged in the often competitive
made in a private place usually requires a warrant, unless enterprise of ferreting out crime.20
special circumstances exist. In its landmark decision in Most judges are considered neutral and detached. Even so, the
Payton v. New York (1980),18 the U.S. Supreme Court held that Supreme Court has focused on this first critical warrant require-
the Fourth Amendment prohibits warrantless, nonconsensual ment in a number of cases. For example, the Court has declared that
a state attorney general cannot issue a
search warrant.21 State attorneys general
Proof beyond a reasonable doubt = around 95% certainty are chief prosecutors and thus inclined to
Probable cause = more than 50% certainty side with law enforcement officers. Sim-
Preponderance of the evidence = civil equivalent of probable cause ilarly, in another case the Court decided
Reasonable suspicion = between 1% and 50% certainty
that the president, acting through the
Administrative justification = balancing approach
Hunch = no justification or certainty at all attorney general of the United States,
cannot authorize electronic surveillance
FIGURE 10–3 A Comparison of Levels of Proof. without judicial approval.22

Neutral and Detached Probable Cause Particularity
Magistrate
Arrest Warrant A neutral and detached The officer applying for the warrant If the suspect’s name is known, then
magistrate must authorize must simply show probable cause simply supplying the suspect’s name
Requirements the arrest warrant. that the person to be arrested is enough to meet the particularity
committed the crime but not that requirement. There are some
the suspect will be found at a situations, however, where the
particular location. suspect’s name is not known. In such
situations, a sufficiently specific
description of the suspect supports
issuance of a “John Doe” warrant. As
long as other officers may locate the
suspect with reasonable effort, the
suspect’s name is not required.
Search Warrant Similar to the arrest warrant Unlike the arrest warrant requirements, If a warrant does not “particularly”
requirements, a neutral and the probable cause showing in a describe the place to be searched
Requirements detached magistrate must search warrant is twofold. First, the and the items to be seized, then it is
authorize the search warrant. officer applying for the search warrant not automatically deemed in
must show probable cause that the violation of the Fourth Amendment.
items to be seized are connected with If there is a reasonable basis for the
criminal activity. Second, the officer officers’ mistaken belief, then the
must show probable cause that the warrant will most likely be upheld.
items to be seized are in the location
to be searched.
FIGURE 10–4 Arrest and Search Warrant Requirements.
Probable Cause. The probable cause showing in an arrest war- Searches Incident to Arrest. The first type of permissible warrant-
rant is not particularly complex. The Court has stated, “If there less search is known as a search incident to arrest. The U.S.
is sufficient evidence of a citizen’s participation in a felony to Supreme Court has said that a warrantless search incident to
persuade a judicial officer that his arrest is justified, it is consti- arrest is permitted “to remove any weapons that the [arrestee]
tutionally reasonable to require him to open his doors to the might seek to use in order to resist arrest or effect his escape”
officers of the law.”23 and to “seize any evidence on the arrestee’s person in order to
prevent its concealment or destruction.”24
Particularity. There are two ways to satisfy the Fourth Amend-
Probable cause to arrest must always precede a search
ment’s particularity requirement with regard to arrest warrants,
incident to arrest.25 This is to restrict officers from engaging
which are highlighted in Figure 10–4.
in “fishing expeditions,” searches based on less than probable
Search Warrant Requirements cause that could potentially result in establishing the probable
Search warrants have the same three requirements as arrest war- cause needed to make an arrest.
rants. The neutral and detached magistrate requirement remains If probable cause to arrest is in place, the officer is not
the same, but there are differences in terms of probable cause required to formally arrest the suspect before engaging in the
and particularity, which have been highlighted in Figure 10–4. search,26 but the search should take place soon after the arrest
if one is made. In other words, the search must be contempo-
Searches and Seizures without Warrants raneous to the arrest. In Preston v. United States (1964),27 the
Searches without warrants are far more common than those case that established this rule, Justice Hugo Black observed that
with warrants. Police can, for example, rely on the hot-pursuit the “justifications [for the search incident to arrest] are absent
doctrine to chase a fleeing suspect into a private area and make where a search is remote in time or place from the arrest.”28 In
an arrest without a warrant. Requiring officers to secure war- Preston, police officers arrested the occupants of a car and took
rants in all such instances would be impractical. Similarly, it them to jail. After this, the officers searched the car, which had
would endanger the public’s safety if police were required to been towed to an impound lot. In reversing the lower court’s rul-
obtain a warrant in the face of a clear and sudden threat to pub- ing, the Supreme Court noted that the possibilities of destruc-
lic safety. Warrantless searches thus come in several varieties: tion of evidence or danger to the officers were no longer in
(1) searches incident to arrest, (2) searches based on exigent place, as the suspects were no longer present to pose a threat.29
circumstances, (3) automobile searches, (4) plain-view What is the scope of a search incident to arrest? In Chimel
searches, and (5) consent searches (see Figure 10–5). v. California (1969),30 the Court held that “a warrantless search

Searches Incident Search made at the time of or shortly following an arrest,
to Arrest done out of a concern for the safety of the arresting
officer and others.
Searches Based Search based on

on Exigent (1) Hot pursuit—police have probable cause to believe
that the person they are chasing has committed a
Circumstances crime and is on the premises entered.
(2) Police have reason to believe that the suspect
will escape or that further harm will occur if not
immediately apprehended.
(3) Evanescent evidence—evidence likely to disappear
during time necessary to obtain a warrant.
Automobile Search admissible when

Searches (1) there is probable cause to believe that the vehicle
contains evidence of a crime and
(2) securing a warrant is impractical.
Plain-View Search authorized when

Searches (1) the police are lawfully in the area where the evidence
is located,
(2) the item is “immediately apparent” as being subject
to seizure, and
(3) the discovery of the evidence is “inadvertent.”
Consent If a person gives consent to search, he or she effectively

Searches waives Fourth Amendment protection.
*Consent must be voluntary and not the result of duress
or coercion.
FIGURE 10–5 Searches and Seizures Without Warrants.
‘incident to a lawful arrest’ may generally extend to the area contains evidence of the offense for which the individual was
that is considered to be in the ‘possession’ or under the arrested.34 In 2014, the Supreme Court reached its most recent
‘control’ of the person arrested.”31 It went on to create the so- search incident to arrest decision (see also this chapter’s open-
called arm-span rule. In the Court’s words, a search incident to ing story), holding in Riley v. California35 that police may not
arrest is limited to the area “within [the] immediate control” generally conduct a warrantless search of a cell phone pursuant
of the person arrested, that is, “the area from within which he to lawful arrest.
might have obtained either a weapon or something that could
have been used as evidence against him.”32 Searches Based on Exigent Circumstances. Searches (and, by
In Maryland v. Buie (1990),33 the Court further expanded extension, arrests) based on exigent circumstances are permis-
the scope of the incident search in two ways. It held that the sible without warrants. Generally, three types of exigencies
police may, as part of a search incident to arrest, look in areas (emergencies) have been recognized: (1) hot pursuit, (2) the
immediately adjoining the place of arrest for other individuals likelihood of a suspect’s escaping or presenting a danger to oth-
who might attack the officers; no justification is required. The ers, and (3) evanescent evidence.
key is that such a search must occur immediately following an The Supreme Court established a hot-pursuit exception
arrest. Next, the Court held that at any point up to the time the to the Fourth Amendment’s warrant requirement in Warden v.
arrest is completed, the police may engage in a protective sweep Hayden (1967).36 In that case, the police were called by taxicab
(i.e., “a cursory visual inspection of those places in which a per- drivers who reported that their taxi company had been robbed.
son might be hiding”), but reasonable suspicion must exist for The police then located and followed the suspect to a house and
such a sweep to be justified. No justification is required after were granted entry by the suspect’s wife. When they entered,
arrest, but reasonable suspicion is required to engage in a sweep they found the suspect upstairs, pretending to be asleep. How-
up to the point of the arrest. ever, as they were searching the house for the suspect, the police
If a suspect is arrested during a traffic stop, police may found and seized clothing, a shotgun, and a pistol, which were
search him or her and the vehicle; however, they may search used as evidence against the suspect at trial. The Court found that
the vehicle without a warrant only if it is reasonable to assume the warrantless entry was “reasonable” because the “exigencies
that the arrestee could access the vehicle or that the vehicle of the situation made that course imperative.”37 Several reasons

were offered for the decision. First, as Justice William Brennan not necessarily constitute an exigency justifying a warrantless
stated, “The Fourth Amendment does not require police offi- search. The Court stopped short of deciding that all blood draws
cers to delay in the course of an investigation if to do so would must be supported by a warrant, but it certainly sent a message
gravely endanger their lives or the lives of others.”38 Second, that a warrant should be obtained whenever practical.
“[s]peed . . . was essential, and only a thorough search of the house In Kentucky v. King,49 the Supreme Court held that police
for persons and weapons could have insured that Hayden was the can make a forcible warrantless entry into a private residence if
only man present and that the police had control of all weapons they have reason to believe evidence is being destroyed. In that
which could be used against them or to effect an escape.”39 case, officers smelled marijuana outside an apartment, knocked
Despite its sweeping language in the Hayden decision, loudly, and announced their presence. They then heard what
the Supreme Court has imposed a number of restrictions on they believed was the sound of evidence being destroyed. They
searches and seizures premised on hot pursuit. One court has announced their intent to enter, kicked in the door, and found
observed that “[a] hot pursuit, by itself, creates no necessity drugs in plain view—and other evidence during the course of
for dispensing with a warrant.”40 Similarly, the Ninth Circuit a protective sweep. The Supreme Court ruled that the evidence
has stated that police officers must reasonably believe (1) “that was admissible.
the suspect either knows or will learn at any moment that they
are in immediate danger of apprehension,” (2) that “evidence Automobile Searches. The warrantless search of an automobile is
is being currently removed or destroyed and it is impractical to permissible when (1) there is probable cause to believe that the
avert the situation without immediately arresting the suspects or vehicle contains evidence of a crime and (2) securing a warrant
seizing the evidence,” or (3) that “a suspect is currently endan- is impractical.50 This rule resulted from a Prohibition-era case
gering the lives of themselves or others.”41 involving the vehicle stop of a suspect who was known to have
Third, the police must begin hot pursuit from a lawful start- previously engaged in the sale of bootleg whiskey. A warrant-
ing point. If officers are unlawfully on someone’s private prop- less search of the car revealed 68 bottles of illegal liquor. The
erty, they will not succeed in claiming hot pursuit to justify any Supreme Court upheld the warrantless search on the grounds
further warrantless action. However, in United States v. Santana that the evidence would have been lost if the officers had been
(1976),42 the Supreme Court upheld the warrantless arrest of a required to secure a warrant. It pointed out that the inherent
woman in her house when the police observed a crime on pri- mobility of motor vehicles made it impractical to obtain a war-
vate property from a public vantage point. In that case, police rant, that people enjoy a lesser expectation of privacy in their
officers observed Santana standing in the open doorway of her vehicles, and that vehicles are subject to extensive government
house with a brown paper bag that they believed to contain nar- regulation, essentially making driving a privilege.
cotics. They pursued her into the house and arrested her. This Several subsequent decisions have dealt with the definition
decision suggests that the police can pursue from a public van- of an automobile, the role of probable cause, whether warrants
tage point a suspect whom they observe on private property. are required, and the scope of automobile searches. Concern-
Fourth, the hot-pursuit doctrine applies only to “serious” ing the first of these issues, any vehicle that serves a transpor-
offenses. These include felonies and some serious misdemean- tation function is considered to be an automobile. Four factors
ors.43 This is perhaps the most important restriction on the are used to determine whether a vehicle serves a transportation
hot-pursuit doctrine—and, indeed, on exigent circumstance function: (1) whether it is mobile or stationary, (2) whether it is
searches in general. licensed, (3) whether it is connected to utilities, and (4) whether
A fifth restriction on hot pursuits concerns the scope of the it has convenient access to the road. If, for example, a trailer is
search. Generally, the scope of a search based on hot pursuit is on blocks, unlicensed, connected to utilities, and in a trailer park,
broad. In Hayden, the Supreme Court stated, “The permissible then it will almost certainly be treated as a residence for Fourth
scope of search must, at the least, be as broad as may reason- Amendment purposes.
ably be necessary to prevent the dangers that the suspect at large Next, despite the fact that a vehicle search is permissible
in the house may resist or escape.”44 However, the search must without a warrant, the search must still be based on probable
be “prior to or immediately contemporaneous with” the arrest cause. Even when probable cause to search exists, this does not
of the suspect. Also, officers may search only where the suspect automatically create probable cause to arrest; likewise, proba-
or weapons might reasonably be found. ble cause to arrest may not give rise to probable cause to search.
Moving beyond hot pursuit, it is also permissible for police Given the circumstances surrounding most vehicle stops, it
officers to dispense with the warrant requirement when it is would seem foolish to require that the police obtain warrants
likely that a suspect could escape or endanger others, even in before engaging in automobile searches. In Husty v. United
the absence of hot pursuit.45 This means they can chase and States (1931),51 a police officer, acting on a tip from an infor-
apprehend the suspect without the need to first secure a warrant. mant, found contraband in Husty’s unattended car. Given that
Evanescent evidence refers to evidence that is likely to the car was unattended, one can argue that a warrant should
disappear if the officers took the time to obtain a warrant.46 have been secured, but the Court ruled that the officer “could
Examples of evanescent evidence are alcohol in a person’s not know when Husty would come to the car or how soon it
bloodstream or drugs that are in the process of being destroyed, would be removed.”52 Contrast Husty with Coolidge v. New
such as by flushing them down the toilet.47 Hampshire (1971).53 In the Coolidge case, the Court ruled that
In Missouri v. McNeely,48 the Supreme Court ruled that the the automobile exception did not apply to a warrantless search
natural dissipation of alcohol in a person’s bloodstream does and seizure of two cars located on the defendant’s property

because the police had probable cause to act more than two a consent to search may be deemed involuntary.”63 Neverthe-
weeks before the search. less, the issue of one’s awareness of the right to refuse consent
Finally, what about the scope of an automobile search? In is still factored into the totality of circumstances of analysis,64
United States v. Ross (1982), the Supreme Court declared that although ignorance of the right to refuse is not enough in and of
as long as the police have justification to conduct a warrantless itself to render consent involuntary.
vehicle search, they may conduct a search “that is as thorough To err on the side of constitutionality, many police depart-
as a magistrate could authorize in a warrant.”54 The only limi- ments have suspects complete consent-to-search forms. An
tation is “defined by the object of the search and the places in example of one such form, from the Alabama Court of Criminal
which there is probable cause to believe that it may be found.”55 Appeals, is reprinted in Figure 10–6.
Accordingly, if the contraband sought is small (e.g., a syringe), The scope of a consent search is limited to the terms of the
the scope of the vehicle search exception is almost limitless. consent. In other words, the person giving consent defines the
limits of the search. This was the decision reached in Florida v.
Plain-View Searches. Plain-view searches can also be conducted Jimeno (1991).65 For example, if a person says, “You may look
without a warrant. In Coolidge v. New Hampshire,56 the around,” that does not necessarily mean that the police can look
Supreme Court created the plain-view doctrine and held that sei- anywhere for evidence of criminal activity.
zure of evidence authorized when (1) the police are lawfully in Another issue concerning the scope of a consent search is
the area where the evidence is located, (2) the item is “immedi- whether the consent can be withdrawn once given. In State v.
ately apparent” as being subject to seizure, and (3) the discovery Brochu (1967),66 the Maine Supreme Court held that a defen-
of the evidence is “inadvertent.”57 Police are lawfully in the area dant’s consent to search his house for evidence of his wife’s
where the evidence is located when they have a warrant or murder did not extend to another search carried out the day
are otherwise authorized to be there (e.g., due to a hot- after he was arrested as a suspect. Thus, although the man did
pursuit exigency). “Immediately apparent” means that the police not expressly request that the search end, the Maine court still
must have probable cause that the item of interest is subject to decided that consent had been terminated.
seizure.58 The inadvertency requirement was eliminated by the
Court’s subsequent ruling in Horton v. California (1990).59
Other Search-and-Seizure Issues
Consent Searches. Consent searches are also permissible with-
out a warrant—and even without probable cause. Consent can- Earlier we talked about standards of justification, including rea-
not be “the result of duress or coercion, express or implied.”60 sonable suspicion. We pointed out that reasonable suspicion,
When does duress or coercion take place? There is no clear which is a lesser standard of proof than probable cause, permits
answer to this question. Instead, the Supreme Court has opted stop-and-frisk activities by police.67 In this section, we look
for a “totality of circumstances” test. This requires considering first at what constitutes a stop-and-frisk. Then we examine a
factors such as whether a show of force was made; whether the few special-needs searches that must be based on administra-
person’s age, mental condition, or intellectual capacities inhib- tive justification, which were also introduced earlier.
ited understanding; whether the person was in custody; and Stop-and-Frisk
whether consent was granted.
Importantly, consent to search may be valid even if the con- In Terry v. Ohio,68 the famous stop-and-frisk case mentioned
senting party is unaware of the fact that he or she can refuse earlier, the U.S. Supreme Court failed to provide a clear defini-
consent.61 As the Court stated in Ohio v. Robinette (1996),62 tion of a stop, but it did offer one in a later case, United States
“[J]ust as it ‘would be thoroughly impractical to impose on the v. Mendenhall (1980):
normal consent search the detailed requirements of an effective [A] person has been “seized” within the meaning of the
warning,’ so too would it be unrealistic to require police offi- Fourth Amendment only if, in view of all the circum-
cers to always inform detainees that they are free to go before stances surrounding the incident, a reasonable person
I, _____________________, having been informed of my constitutional right not to have a search

made of the premises hereinafter mentioned without a search warrant and of my right to refuse
consent to such a search, hereby authorize Officers ____________________ and ________________
of the city of _____________, state of Alabama, to conduct a complete search of
__________________________________________.
These officers are authorized by me to take from this location any property that they may desire.
This written permission is being given by me to the above-mentioned officers voluntarily and
without threats or promises of any kind.
Dated, signed, and witnessed
___________________________________________________
FIGURE 10–6 A Consent-to-Search Form.

Source: Used with permission from the Institute for Criminal Justice Education, Inc. (ICJE).

would have believed that he was not free to leave. Special-Needs Searches
Examples of circumstances that might indicate a sei- Special-needs searches (sometimes called regulatory or admin-
zure, even where the person did not actually attempt to istrative searches) are those whose primary purpose is non-
leave, would be the threatening presence of several offi- criminal. They are based on administrative justification, which
cers, the display of a weapon by an officer, some physi- was introduced earlier. Because such searches nonetheless
cal touching of the person of the citizen, or the use of intrude on people’s privacy and can lead to the discovery of
language or tone of voice indicating that compliance evidence, the Fourth Amendment is implicated. However,
with the officer’s request might be compelled.69 instead of focusing on probable cause or reasonable suspicion,
The Court’s decision in this case stemmed from a confron- the courts use a “balancing test” that weighs citizens’ privacy
tation between plainclothes Drug Enforcement Administration interests with public-safety interests. When the latter outweighs
agents and a 22-year-old woman named Mendenhall in the the former, administrative searches are allowed—subject to
Detroit airport. They had asked the woman for her ticket and certain limitations, such as department policy. There are many
identification. The name on the ticket did not match the name types of special-needs searches. We consider two that are most
on the woman’s identification, so the agents asked her to accom- relevant in the policing context: inventories and checkpoints.
pany them into a nearby private room. The Court did not actually
decide whether Mendenhall had been “stopped,” but it neverthe- Inventories. There are two types of inventories: person
less articulated the “free to leave” test cited in the above quote. inventories and vehicle inventories. The general rule is that the
The duration of a stop must also be given consideration. police may search an arrestee and his or her personal items,
Sometimes a stop is drawn out until it evolves into an arrest, including containers found in his or her possession, as part of a
which would require probable cause rather than reasonable sus- routine inventory incident to the booking and jailing procedure.
picion. At the other extreme, so-called nonstops, or consensual Neither a search warrant nor probable cause is required.72 As
encounters, require no justification at all. See Figure 10–7 for a for vehicle inventories,73 the U.S. Supreme Court held that
list of factors used to distinguish between a stop and a consen- warrantless inventories are permissible on administrative or
sual encounter. regulatory grounds; however, they must (1) follow a lawful
Frisks are often associated with stops. A frisk is a pat down impoundment, (2) be of a routine nature and follow standard
of a person’s outer clothing conducted out of a concern for the operating procedures, and (3) not be a “pretext concealing an
officer’s safety. The officer is not permitted to reach into the per- investigatory police motive.”
son’s pockets at the outset or to grope or manipulate the target Checkpoints. Many types of checkpoints have been authorized.
area.70 In one relevant case,71 police officers observed an indi- First, brief border detentions are constitutionally permissible.74
vidual driving a vehicle with expired plates. The officers stopped That is because it is in the interest of “national self-protection”
the vehicle in order to issue the driver a traffic summons. When to permit government officials to require “one entering the
the officers asked the driver to step out of the car, they observed country to identify himself as entitled to come in, and his
a large bulge in the pocket of his jacket. Fearing that the bulge belongings as effects which may be lawfully brought in.”75
might be a weapon, one of the officers frisked the driver. It Second, the U.S. Supreme Court has upheld the establishment
turned out that the bulge was a .38-caliber revolver. The driver of roadblocks near the Mexican border designed to discover
claimed at his trial that the gun was seized illegally, but the U.S. illegal aliens.76 Third, warrantless, suspicionless sobriety
Supreme Court upheld the frisk. Even though a bulge in one’s checkpoints have also been authorized.77
pocket is not necessarily indicative of a weapon, the Court felt The administrative search rationale is not acceptable for
that under these particular circumstances it was. detecting evidence of criminal activity. This was the decision
reached in City of Indianapolis v. Edmond (2000),78 in which
1. Degree of threatening behavior on the part of the officer.
the Court examined whether a city’s suspicionless checkpoints
2. Number of officers present. for detecting illegal drugs were constitutional. Here is how the
3. Display of a weapon by the officer. Supreme Court described the checkpoints:
4. Physical touching of the person by the officer. The city of Indianapolis operated a checkpoint
5. Orders by the officer, as opposed to requests. program under which the police, acting without indi-
6. Intimidating language or tone of voice used by the officer.
vidualized suspicion, stopped a predetermined number
7. Length of time involved.
8. Intrusive actions (such as a full body search). of vehicles at roadblocks in various locations on city
9. Use of lights or siren. roads for the primary purpose of the discovery and
10. Blocking of the person’s path. interdiction of illegal narcotics. Under the program,
11. Coercive police behavior. at least one officer would (1) approach each vehicle,
12. Location of the encounter away from public view. (2) advise the driver that he or she was being stopped
briefly at a drug checkpoint, (3) ask the driver to pro-
FIGURE 10–7 Factors Used to Distinguish between a Stop and a duce a driver’s license and the vehicle’s registration,
Consensual Encounter.
(4) look for signs of impairment, and (5) conduct an
Source: J. L. Worrall, Criminal Procedure: From First
Contact to Appeal, 5th ed., © 2015. Reprinted and open-view examination of the vehicle from the outside.
electronically reproduced by permission of Pearson In addition, a narcotics-detection dog would walk
Education, Inc., New York, NY. around the outside of each stopped vehicle.79

The Court held that stops like those conducted during India- warnings. Potential violations occur, if at all, only upon the
napolis’s checkpoint operations require individualized suspicion. admission of unwarned statements into evidence.” In other
In addition, “because the checkpoint program’s primary purpose words, the failure to give Miranda warnings does not, by itself,
[was] indistinguishable from the general interest in crime con- constitute a violation of constitutional rights. It only impacts
trol,”80 it was deemed to violate the Fourth Amendment. the admissibility of statements given by the defendant.
In Illinois v. Lidster (2004),81 the Supreme Court decided
that officers at checkpoints are also authorized to ask questions Custody
related to crimes occurring at the same area earlier. In that case, An arrest is a clear-cut case of police custody, but what about a
police briefly detained motorists to ask them if they had any lesser intrusion, such as an order not to leave the scene? Unfortu-
information about a hit-and-run accident between a vehicle and nately, there is no easy answer to this question. Instead, courts
a bicycle that took place at the same location a week earlier. focus on the circumstances surrounding each individual case.
A driver entered the checkpoint, swerved, and nearly hit an offi- The Supreme Court has stated, however, that “the only relevant
cer. He was stopped and subjected to a field sobriety test. He inquiry [in analyzing the custody issue] is how a reasonable man
was eventually convicted of drunk driving but challenged the in the suspect’s position would have understood his situation.”84
constitutionality of the checkpoint. The Court rejected the chal- The second major component of Miranda is interrogation. Cus-
lenge, thus permitting yet another type of checkpoint. tody by itself is not enough to require that Miranda warnings be
given. For a person to be afforded Fifth Amendment protection—
and particularly to be advised of his or her right to remain silent—
then that person must be subjected to interrogation.
▶ Confessions and Interrogations
Just as the police need to be cognizant of Fourth Amendment Interrogation
requirements, they also need to be aware of the rules governing Miranda defined interrogation as “questioning initiated by law
confessions and interroga- enforcement officers.” Then, in Rhode Island v. Innis (1980),
Learning Discuss the tions. It is possible to violate the Court noted that interrogation “must reflect a measure of
Outcomes constitutional rules
compulsion above and beyond that inherent in custody itself.”85
2 governing confessions aadhere
suspect’s rights by failing to
to legal requirements Thus, any questions that tend to incriminate, that is, those that
and interrogations.
spelled out in the Constitution are directed toward an individual about his or her suspected
and interpreted by the courts. involvement in a crime, are considered interrogation.
Accordingly, this section briefly reviews the leading constitu- Unfortunately, many “questions” are not always readily
tional rules governing confessions and interrogations. identifiable as such. In Innis, the Supreme Court noted that in
addition to “express questioning,” the “functional equivalent”
of a question is also possible. The functional equivalent of a
Three Approaches to Confession Law question, according to the Court, includes “any words or actions
The primary focus in this section is on the Fifth Amendment, on the part of the police (other than those normally attendant to
but for the sake of placing Fifth Amendment confession law arrest and custody) that the police should know are reasonably
into context, it is important to briefly consider the extent to likely to elicit an incriminating response from the suspect.”86
which confessions are protected by other constitutional provi-
sions. Figure 10–8 illustrates the key learning points associated
with three different approaches to confessions and interroga-
tions: the due process voluntariness approach, the Sixth
Think About It…
Amendment approach, and Miranda rights. Miranda In simple
This section focuses primarily on the Supreme Court’s terms, the Miranda
Marmaduke St. John/

landmark decision in Miranda v. Arizona82 and the many deci- decision sent a mes-
Alamy Stock Photo

sions that have flown from it. In Miranda, the Supreme Court sage to the police that
announced that suspects must be advised of their Fifth Amend- they cannot question
ment right not to incriminate themselves when custodial inter- people who are in cus-
rogation takes place. More specifically, the Court announced tody, most often under
that Miranda warnings (shown in Figure 10–9) must be given arrest, without first
when “a person has been taken into custody or otherwise advising them that they don’t have to talk. If they do, then
deprived of his freedom of action in any significant way.” any resulting confession cannot be used against such peo-
Miranda is often interpreted as requiring a code of conduct ple during a criminal trial. Some believe that the Miranda
for police interrogation. However, and very importantly, it is decision should be abolished because it could cause convic-
only a rule governing the admissibility of evidence. The judi- tions to be lost. They also claim that there are other consti-
ciary is forbidden under the separation-of-powers doctrine from tutional protections that ensure suspects’ rights are not
setting policy for the executive branch. As the Supreme Court violated. Is Miranda a loophole? Why or why not? Can you
observed in United States v. Patane,83 “[T]he police do not vio- think of other supposed loopholes in the criminal justice
late a suspect’s constitutional rights (or the Miranda rule) by process? Explain.
negligent or even deliberate failures to provide full Miranda

The Due Process A suspect’s involuntary statement is not admissible in a criminal
Voluntariness trial (or in any other criminal proceeding) to prove guilt. A
confession is involuntary when, under the “totality of circumstances
Approach that preceded the confessions,” the defendant is deprived of his or
her “power of resistance.” Courts take a case-by-case approach to
determine voluntariness, focusing on two issues: (1) the police
conduct in question and (2) the characteristics of the suspect.
Example: if the suspect is a minor and the police act with brutality,
any subsequent confession will be deemed involuntary.
The Sixth Massiah v. United States (1964) led to the rule that the Sixth
Amendment Amendment’s guarantee to counsel in all “formal criminal
proceedings” is violated when the government “deliberately elicits”
Approach incriminating responses from a person.
Two key elements:

(1) deliberate elicitation: an effort by a government actor to draw
incriminating statements from a suspect who is not represented
by counsel
(2) formal criminal proceedings: include the formal charge,
preliminary hearing, indictment, information, and arraignment.
Example: If a police officer questions a person who has already

been indicted and counsel is not present, the officer violates the
person’s Sixth Amendment rights.
The Miranda Miranda v. Arizona (1966) led to the rule that the prosecution
Approach may not use statements by the defendant stemming from
custodial interrogation, unless it shows the use of procedural
safeguards to secure privilege against self-incrimination.
*If the person being questioned is not in custody, Miranda rights

do not apply. Simple police questioning—even full-blown
interrogation—is not enough to trigger the protections afforded by
the Fifth Amendment. The person subjected to such questioning
must be in police custody.
Example: If police arrest and interrogate suspect without reading

them their Miranda rights, anything suspect says cannot be used
in court.
FIGURE 10–8 Three Approaches to Confession Law.
be admissible in evidence if it is voluntarily given.” Under the

You have the right to remain silent. Anything you say can and will law, suspects need not be advised of their right to counsel, their
be used against you in a court of law. You also have the right to an right not to incriminate themselves, and so on.
attorney. If you cannot afford an attorney, one will be provided to you For several years, Section 3501 remained dormant, but crit-
at no cost. Do you understand these rights as they have been read ics of Miranda continued to look for ways to bring it before
to you? the Court. That opportunity arose in 2000. The case involved
Charles Dickerson, who had been indicted for bank robbery and
FIGURE 10–9 Miranda Rights. related crimes. He moved to suppress a statement he made to
agents from the FBI on the grounds that he had not received
his Miranda warnings. The district court granted Dickerson’s
Controversy over Miranda motion to suppress but also noted that the confession was vol-
The Miranda decision was not without controversy. Shortly untary despite the apparent Miranda violation. The Court of
after the Miranda decision, Congress passed the Crime Control Appeals for the Fourth Circuit held (in a 2–1 decision) that
Act of 1968, which, among other things, attempted to overrule “Congress, pursuant to its power to establish the rules of evi-
the Miranda decision. The statute, codified as 18 U.S.C. Section dence and procedure in the federal courts, acted well within its
3501, states that in any federal prosecution a confession “shall authority in enacting Section 3501, [and] Section 3501, rather

than Miranda, governs the admissibility of confession in federal Even though the warnings in this version suggested that
court.”87 The case then went before the U.S. Supreme Court.88 counsel would be provided only at court, the Supreme Court
In a 7–2 opinion for the Court, Chief Justice Rehnquist wrote, held, in a 5–4 decision, that these warnings “touched all the
We hold that Miranda, being a constitutional decision of bases required by Miranda.”98 Thus, as long as all the essen-
this Court, may not be in effect overruled by an Act of tial Miranda information is communicated, simple departures
Congress, and we decline to overrule Miranda ourselves. will not render a confession thereby obtained inadmissible in a
We therefore hold that Miranda and its progeny in this criminal trial.
Court govern the admissibility of statements made during Another factor involving the substance and adequacy of the
custodial interrogation in both state and federal courts.89 Miranda warnings concerns the role of additional, unnecessary
information. If more information than the original Miranda
The Court further noted, “We do not think there is such jus- warnings is provided to a suspect, will any subsequent con-
tification for overruling Miranda. Miranda has become embed- fession be inadmissible? For example, must the defendant be
ded in routine police practice to the point where the warnings advised of the consequences of deciding to answer questions?
have become part of our national culture.”90 The case, Colorado v. Spring,99 is a useful point of departure.
There, the defendant was arrested and questioned on suspicion
of transporting stolen firearms. He was also questioned about
Other Miranda Issues a homicide. He admitted that he had been given his Miranda
Subsequent Supreme Court cases have hinged on the substance warnings and that he understood them; however, he argued that
and adequacy of the Miranda warnings and waivers. For exam- the statements he made about the homicide were not admissible
ple, if Miranda rights are not given “adequately,” then the police because he had not been informed that he was going to be ques-
risk having a confession thrown out of court.91 Also, like many tioned about the homicide (i.e., he was arrested on suspicion of
rights, Miranda rights can be waived; that is, suspects can elect transporting stolen firearms). Unfortunately for the defendant,
not to remain silent.92 To be safe, many police departments the majority held that “a suspect’s awareness of all the possible
require that suspects complete a Miranda waiver before interro- subjects of questioning in advance of interrogation is not rele-
gation commences. Finally, suspects need not be advised of their vant to determining whether the suspect voluntarily, knowingly,
Miranda rights when doing so could compromise public safety.93 and intelligently waived his Fifth Amendment privilege.”100
The following sections examine these issues more closely. A similar issue came up in Florida v. Powell,101 a case in
which the following was added to the Miranda warning: “You
Substance and Adequacy of the Warnings have the right to use any of these rights at any time you want
There is a long line of cases involving people who have sought during this interview.” The Supreme Court held that advising a
to have their confessions excluded at trial because all or some suspect that he or she has the right to talk with an attorney before
of the Miranda warnings were not read adequately. For exam- answering any questions and that the suspect can invoke that
ple, in California v. Prysock,94 the juvenile defendant was told, right at any time during questions conformed with Miranda.
“You have the right to talk to a lawyer before you are ques-
tioned, have him present with you while you are being ques- Waiver of Miranda
tioned, and all during the questioning.”95 The defendant was In Miranda, the Supreme Court stated that if a person talks
then told that he had the right to a court-appointed lawyer but after he or she has been read the warnings, “a heavy burden
not that one would be provided for him if he were indigent. rests on the government to demonstrate that the defendant
The defendant challenged his conviction, but the Court con- knowingly and intelligently waived his privilege against self-
cluded that the warnings given to him were sufficient and that incrimination and his right to retained or appointed counsel.”102
“Miranda itself indicates that no talismanic incantation was Furthermore, “a valid waiver will not be presumed simply from
required to satisfy its strictures.”96 the silence of the accused after warnings are given or simply from
In another interesting case, Duckworth v. Eagan, the the fact that a confession was in fact eventually obtained.”103
following warnings were given: According to the Supreme Court,
Before we ask you any questions, you must understand Whatever the testimony of the authorities as to waiver
your rights. You have the right to remain silent. Anything of rights by an accused, the fact of lengthy interrogation
you say can be used against you in court. You have the or incommunicado incarceration before a statement is
right to talk to a lawyer for advice before we ask you any made is strong evidence that the accused did not validly
questions, and to have him with you during questioning. waive his rights. In these circumstances, the fact that the
You have this right to the advice and presence of a law- individual eventually made a statement is consistent
yer even if you cannot afford to hire one. We have no with the conclusion that the compelling influence of the
way of giving you a lawyer, but one will be appointed for interrogation finally forced him to do so. It is inconsis-
you, if you wish, if and when you go to court. If you wish tent with any notion of a voluntary relinquishment of
to answer questions now without a lawyer present, you the privilege. Moreover, any evidence that the accused
have the right to stop answering questions at any time. was threatened, tricked, or cajoled into a waiver will, of
You also have the right to stop answering at any time course, show that the defendant did not voluntarily
until you’ve talked to a lawyer.97 waive his privilege.104

In recent years, the courts have interpreted this language confessing to Hammer’s murder; the effectiveness of those
loosely. That is, whereas Miranda declared that a waiver should warnings was not impaired by the sort of ‘two-step interrogation
be viewed with considerable caution, later decisions have sug- technique’” used in the investigation.
gested that the burden of demonstrating a valid waiver is not The common thread running throughout the last two cases is
difficult to meet. For example, in Colorado v. Connelly,105 that the second set of questions either involved a separate crime
the Court held that the government need only show the valid- or led to a confession to a second crime. What if police had con-
ity of a waiver by a “preponderance of evidence.” And in Fare tinued to ask questions about the same crime? Had they done so
v. Michael C., the Court held that the “totality of the circum- immediately, the questioning would have been inappropriate. But
stances approach is adequate to determine whether there has the issue is less than black and white according to the Supreme
been a waiver.”106 A similar conclusion was reached in Berghuis Court’s recent decision in Maryland v. Shatzer.112 In that case,
v. Thompkins107 when the Supreme Court held that “where the police (albeit a different officer) resumed questioning about the
prosecution shows that a Miranda warning was given and that same crime more than two weeks after the suspect was released
it was understood by the accused, an accused’s uncoerced state- following initial questioning. The suspect was reread his Miranda
ment establishes an implied waiver of the right to remain silent.” rights, which he then waived. He confessed to various crimes of
Before moving on, it is worth mentioning that in addition to sex abuse. The Supreme Court decided that his confession was
the requirement that a valid Miranda waiver must be knowing admissible, in part because “[h]is change of heart [was] . . . likely
and intelligent, it must also be voluntary. The test for voluntari- attributable to the fact that further deliberation in familiar sur-
ness is similar to the due process voluntariness test discussed roundings [had] caused him to believe (rightly or wrongly) that
earlier in this chapter. Threats, physical force, and the like can cooperating with the investigation [was] in his interest.”
lead to defendants issuing involuntary confessions. However, in
Fare v. Michael C., the Court held that the confession obtained The Public Safety Exception to Miranda
from a 16-year-old was not involuntary. In a strongly worded
dissent, Justice Powell argued that the juvenile in this case “was On some occasions, custodial interrogation is permissible with-
immature, emotional, and uneducated, and therefore was likely out the Miranda warnings. Specifically, if public safety is in
to be vulnerable to the skillful, two-on-one, repetitive style of jeopardy, no Miranda warnings are required—at least in the
interrogation to which he was subjected.”108 A safe rule is that short term. This was the decision reached in New York v.
the police must engage in seriously questionable conduct for the Quarles.113 There, the Court held that the warnings need not be
voluntariness requirement of a Miranda waiver to be violated. given if the suspect could have endangered public safety.
The facts from Quarles are as follows: After receiving
Questioning after Assertion of One’s Right information that a man with a gun had just entered a supermar-
to Remain Silent ket, Officer Kraft, along with three other officers, entered the
As a general rule, questioning must cease once the accused store. Kraft spotted the defendant, drew his gun, and ordered
asserts his or her right to remain silent. However, there is at least the man to stop and put his hands over his head. When the
one circumstance in which the police can question a suspect officers frisked the man, they found an empty shoulder hol-
after he or she has asserted the Miranda rights. In Michigan v. ster on him. When they asked where the man had put the gun,
Mosley,109 the Supreme Court permitted questioning after an he replied, “The gun is over there.” Officer Kraft retrieved the
assertion of Miranda. In that case, two hours after the defendant revolver and then placed the man under arrest and read him
had stated that he did not want to talk, a different police officer the Miranda warnings. The trial court and the lower appellate
confronted him in a different room about another crime and read courts excluded the gun on the grounds that it was obtained in
him the Miranda rights for a second time. After this, the man violation of Miranda (i.e., the man had not been advised of his
made incriminating statements. In a 7–2 decision, the Court right to remain silent at the time the gun was found).
held that the suspect’s Miranda rights had been “scrupulously The Supreme Court disagreed. Justice Rehnquist wrote the
honored.” The Court said that the second officer’s actions were majority opinion, arguing that rigid application of Miranda is not
acceptable because “the police here immediately ceased the always warranted, particularly when public safety is a concern:
interrogation, resumed questioning only after the passage of a [T]he need for answers to questions in a situation posing
significant period of time and the provision of a fresh set of a threat to public safety outweighs the need for the pro-
warnings, and restricted the second interrogation to a crime that phylactic rule protecting the Fifth Amendment’s privi-
had not been a subject of the earlier interrogation.”110 lege against self-incrimination. We decline to place
In Bobby v. Dixon,111 police did not warn Dixon of his officers such as Officer Kraft in the untenable position of
Miranda rights before questioning him about his suspected having to consider, often in a matter of seconds, whether
involvement in a forgery case. In a subsequent interrogation dur- it best serves society for them to ask the necessary ques-
ing which he was informed of his Miranda rights, Dixon con- tions without the Miranda warnings and render whatever
fessed to a murder. Both crimes arose out the same act (Dixon probative evidence they uncover inadmissible, or for
and an acquaintance were accused of burying a man alive and them to give the warnings in order to preserve the admis-
stealing his identity), but Dixon was questioned separately sibility of evidence they might uncover but possibly dam-
about his involvement in each. Dixon’s conviction was upheld. age or destroy their ability to obtain that evidence and
The Court stated, “Dixon received Miranda warnings before neutralize the volatile situation confronting them.114

The Court also made it clear that the appropriate test for by ensuring that public safety is preserved but by creating a
determining whether a threat to public safety exists is an objec- Miranda loophole that helps ensure that otherwise inadmissible
tive one—that is, one based on what a reasonable person in evidence can be used against the defendant.
the same circumstances would believe: “[W]here spontaneity
rather than adherence to a police manual is necessarily the order The Importance of Documenting
of the day, the application of the [public safety] exception . . . a Confession
should not be made to depend on post hoc findings at a suppres-
sion hearing concerning the subjective motivation of the arrest- This section has been concerned mainly with the methods by
ing officer.”115 The majority in Quarles apparently believed which the police can extract incriminating information from
that an objective threat to public safety existed. Insofar as the criminal suspects. Assuming that the police are successful in
officers did not know where the gun was located, not knowing terms of eliciting an incriminating response, it is not enough for
“obviously posed more than one danger to the public safety: an the suspect to say, “I did it,” or to offer some other form of a
accomplice might make use of it [or] a customer or employee verbal confession. In fact, if the police hand the suspect a pencil
might later come upon it.”116 and paper and say, “Write down your confession,” this will not
The Quarles decision is a controversial one. As Justice be enough, either. Instead, the police must follow specific pro-
O’Connor noted in disagreement with the newly issued pub- cedures for documenting and reporting a confession.
lic safety exception to Miranda (though not with the majority’s The police should document every interrogation and even
ultimate decision), keep an interview log, which is a document containing infor-
mation about the individuals involved in the interrogations and
Miranda has never been read to prohibit the police from actions taken by both sides.118 A list of topics to be recorded in
asking questions to secure the public safety. Rather, the an interview log can be found in Figure 10–10.
critical question Miranda addresses is who shall bear Also, the police should secure a signed statement from the
the cost of securing the public safety when such ques- accused. The statement should identify the suspect, the inves-
tions are asked and answered: the defendant or the state. tigators, and the crime involved and should describe—in lan-
Miranda, for better or worse, found the resolution of guage that the suspect can understand—the details of the crime,
that question implicit in the prohibition against compul- what the suspect did, and how he or she did it. The statement
sory self-incrimination and placed the burden on the should then be carefully reviewed with the suspect, even read
State.117 aloud, so that its contents are clear. Finally, it should be signed
Quarles, by contrast, appears to place the burden on by the suspect, the officer conducting the interrogation, and at
the defendant. It does so, in Justice O’Connor’s view, not least one witness, preferably another officer.
Interview Log
1. Identity of person interviewed
2. Identity of officers conducting interview
3. Location of interview
4. Date of interview
5. Time of arrest, if applicable
6. Location of arrest
7. Identity of officers making arrest
8. Time interview began
9. Time officers informed subject or suspect of his rights, and if more than one officer, name of
officer advising subject or suspect
10. Time subject or suspect waived his rights
11. Time interview concluded
12. Time preparation of statement commenced
13. Identity of person preparing statement
14. Time statement completed
15. Time subject or suspect reviewed statement
16. Time subject or suspect signed written statement
17. A record of requests and complaints of subject and the action taken thereon, such as the time a
subject requests permission to call an attorney, the time he made a call to his attorney, the time
subject complained of illness, the time and action taken on this complaint, the time subject requested
food, the time and action taken on this request, and the details as to how this request was handled
FIGURE 10–10 Contents of a Typical Interview Log.

Source: From Documenting and reporting a confession with a signed statement: A guide for law
enforcement, p. 21. Published by U.S. Department of Justice.

THE CASE
Probable Cause to Search?
Officer Wheetley stopped Harris for an expired license plate. On
approaching Harris’s vehicle, Wheetley noticed that Harris was
“visibly nervous” and unable to stop shaking. He also observed
an open beer can in a cup holder. Wheetley asked for permis-
sion to search Harris’s vehicle. Harris refused. Wheetley then
went back to his cruiser and retrieved Aldo, a trained narcotics
detection dog, and walked him around Harris’s vehicle on a
“free air sniff.” Aldo alerted to the driver’s side door handle.
Harris then searched the truck, finding various items used in
the manufacture of methamphetamine but not the drug itself.
Harris moved to suppress the items, claiming that Aldo’s “false
positive” did not give Wheetley probable cause to search. In a
hearing on the subject, Wheetley testified to Aldo’s training record
Moodboard/Corbis
and training performance. On cross-examination, Harris’s attorney
focused not on Aldo’s training, but on the dog’s certification and
performance in the field. Wheetley acknowledged that Aldo’s cer-
tification had expired before he stopped Harris and also that he
did not keep complete records on Aldo’s field performance.
The trial court denied the motion, and an intermediate state “fair probability” on which “reasonable and prudent
court affirmed. The Florida Supreme Court, however, reversed, [people] act.” Illinois v. Gates, 462 U. S. 213, 235. To
holding that “the fact that the dog has been trained and certi- evaluate whether the State has met this practical and
fied is simply not enough to establish probable cause.” It held common-sensical standard, this Court has consis-
that the state must present “evidence of the dog’s performance tently looked to the totality of the circumstances and
history,” including records showing “how often the dog has rejected rigid rules, bright-line tests, and mechanistic
alerted in the field without illegal contraband having been inquiries. Ibid. . . . The Florida Supreme Court flouted
found.” It further noted that without such records, Wheetley this established approach by creating a strict eviden-
could never have probable cause to conclude Aldo was capable tiary checklist to assess a drug-detection dog’s reli-
of reliably detecting contraband. ability. Requiring the State to introduce
The U.S. Supreme Court took up the case and, in Florida v. comprehensive documentation of the dog’s prior hits
Harris (568 U.S. ___ [2013]), decided that the state is not and misses in the field, and holding that absent field
required to supply evidence of a drug dog’s performance his- records will preclude a finding of probable cause no
tory in order to determine whether probable cause to search matter how much other proof the State offers, is the
existed. The Court’s rationale was as follows: antithesis of a totality-of-the-circumstances
In testing whether an officer has probable cause to approach.
conduct a search, all that is required is the kind of
The Supreme Court’s decision in this case raises certain questions:

1. What are the drawbacks and advantages of drug dogs?
2. To what extent should a drug dog’s history of false positives and false negatives factor into questions concerning the
admissibility of evidence?
3. Do you agree with the Supreme Court’s decision?

C ha p ter 1 0 Policing and the Law
Learning Discuss the influence of the Fourth reasonable suspicion A belief, based on a consideration of
Outcomes Amendment on searches and seizures. the facts at hand and on reasonable inferences drawn from
1 A Fourth Amendment violation occurs when a those facts, that would induce an ordinarily prudent and cau-
government actor infringes on a person’s reason- tious person under the same circumstances to conclude that
able expectation of privacy during a search or seizure. Sei- criminal activity is taking place or that criminal activity has
zures can be of people or property. Probable cause is more recently occurred. Reasonable suspicion is the standard for
than 50% certainty; reasonable suspicion is between 1% and less intrusive stop-and-frisk searches; it is less than probable
50% certainty. Administrative justification balances society’s cause but more than a hunch.
interest in protecting public safety against individuals’ pri- administrative justification The standard for an administrative search
vacy concerns. Search and arrest warrants must be issued based on the fact that government entities occasionally conduct searches
by a neutral and detached magistrate and require a showing in circumstances other than criminal investigations, such as a sobriety
of probable cause and particularity. Searches that can be checkpoint set up for the purpose of apprehending drunk drivers. Some-
conducted without a warrant include searches incident to times called special-needs or regulatory searches, such searches attempt
arrest, searches based on exigent circumstances, automo- to achieve a balance between protecting individuals’ privacy interests and
bile searches, plain-view searches, and consent searches. protecting public safety.
Stop-and-frisk stems from the U.S. Supreme Court’s decision search incident to arrest A warrantless search made at the time of or
in Terry v. Ohio, which permits police to briefly detain some- shortly following an arrest, which is conducted out of a concern for the
one to determine whether criminal activity is afoot. Special- safety of the arresting officer and others.
needs searches include inventories and checkpoints. arm-span rule A doctrine established by the U.S. Supreme Court that
1. When does the Fourth Amendment apply to the activi- limits a search incident to (i.e., immediately following) arrest to the area
ties of law enforcement officers? “within [the] immediate control” of the person arrested—that is, the area
from within which he or she might have obtained either a weapon or
2. What rules governing search and seizure are most
something that could have been used as evidence against him or her.
relevant in the policing context?
protective sweep A permissible cursory visual inspection of places in which
3. What is the difference between a “frisk” and a a person might be hiding. A protective sweep may be conducted by police
“search” of a person? up to the point of an arrest but must be supported by reasonable suspicion.
4. Under what conditions is a warrantless vehicle inventory exigent circumstances A situation that makes a warrantless search con-
permitted? stitutionally permissible, such as hot pursuit, the likelihood of a suspect
5. What constitutes “reasonable suspicion”? How is the escaping or presenting a danger to others, and evanescent evidence.
concept of reasonable suspicion relevant to police work? hot-pursuit exception One exception to the Fourth Amendment’s warrant
requirement, recognized by the U.S. Supreme Court in Warden v. Hayden
Fourth Amendment The amendment to the U.S. Constitution that governs (1967). The hot-pursuit doctrine provides that police officers may enter
search and seizure. the premises where they suspect a crime has been committed or a perpe-
search An activity performed in order to find evidence to be used in a trator is hiding without a warrant when delay would likely endanger their
criminal prosecution. lives or the lives of others and possibly lead to the escape of the alleged
government action In the context of search and seizure law, one of two perpetrator.
elements that must be considered when defining a Fourth Amendment evanescent evidence Evidence that is likely to disappear quickly.
search. (The other element is a reasonable expectation of privacy.) Gov- plain-view doctrine The rule that the police may seize evidence without a
ernment actions consist of measures to effect a search undertaken by warrant if they have lawful access to the object and it is immediately appar-
someone employed by or working on behalf of the government. ent (i.e., they have probable cause) that the object is subject to seizure.
reasonable expectation of privacy In the context of search and seizure stop-and-frisk The detaining of a person by a law enforcement officer for
law, one of two elements that must be considered when defining a Fourth the purpose of investigation, accompanied by a superficial examination by
Amendment search. (The other element is government action.) A reason- the officer of the person’s body surface or clothing to discover weapons,
able expectation of privacy means that people who speak or act in private contraband, or other objects relating to criminal activity.
can reasonably expect that what they say or do will not be seen or heard person inventory The search of an arrestee and his or her personal items,
by someone else. including containers found in his or her possession, as part of a routine
seizure The confiscation of one’s person (arrest) or property by a govern- inventory that is incident to the booking and jailing procedure. Often
ment agent. called arrest inventory.
reasonableness The elements of a situation that serve to justify a search vehicle inventory A warrantless inventory of a vehicle that is permissible
or seizure. on administrative or regulatory grounds. Vehicle inventories must follow a
justification The focus of a court’s examination of the reasonableness of lawful impoundment, must be of a routine nature, must follow standard
a search or seizure. operating procedures, and must not be a pretext that attempts to conceal
probable cause A set of facts and circumstances that would induce a an investigatory search.
reasonably intelligent and prudent person to believe that another particu- checkpoint A location at which a warrantless, suspicionless search is consti-
lar person has committed a specific crime. Probable cause is the only jus- tutionally permissible in furtherance of an overriding national or public-safety
tification for search and seizure mentioned in the Fourth Amendment. interest. National border entry points and sobriety checkpoints are examples.

Learning Discuss the constitutional rules governing 4. What rights of criminal defendants were established by
Outcomes confessions and interrogations. the U.S. Supreme Court in the 1966 case of Miranda v.
2 The due process voluntariness approach to Arizona? Why did the U.S. Congress seek to override
confessions and interrogations holds that all the Miranda decision?
confessions must be voluntary. The Sixth Amendment
applies to confessions and interrogations when officers Fifth Amendment An amendment to the U.S. Constitution that establishes
deliberately elicit incriminating information from an due process rights, including the right to remain silent in the face of
accused person after the initiation of criminal proceed- criminal accusations.
ings. The Miranda approach to confessions and interro-
due process voluntariness approach A means for determining the
gations requires that an attorney be provided to an
admissibility of a suspect’s self-incriminating statement based on whether
accused person who is in custody and is being interro-
it was made voluntarily. Involuntariness is held to occur when, under the
gated. Miranda warnings must be read carefully; critical
totality of circumstances that preceded the confessions, the defendant is
information should not be omitted. Miranda rights can
deprived of his or her “power of resistance.”
be waived, and the warnings can be dispensed with—
for a short time—if there is an imminent threat to Miranda rights The set of rights that a person accused or suspected of
public safety that would be worsened if the warnings having committed a specific offense has during interrogation and of which
were read. he or she must be informed prior to questioning, as stated by the U.S.
Supreme Court in Miranda v. Arizona (1966) and related cases.
1. What rules regarding confessions and interrogations
functional equivalent of a question Any words or actions on the part of
should police officers be aware of?
the police (other than those normally attendant to arrest and custody) that
2. Which U.S. Supreme Court decisions are most relevant the police should know are reasonably likely to elicit an incriminating
in the area of confessions and interrogations? response from the suspect.
3. What rights are established by the Fifth Amendment to 18 U.S.C. Section 3501 The U.S. Code designation assigned to the
the U.S. Constitution? How do they apply to police Crime Control Act of 1968, which, among other things, attempted to inval-
work? idate the Miranda decision.
References
1 Riley v. California, 573 U.S. ___ (2014). 18 Payton v. New York, 445 U.S. 573 (1980).
2 Of course, other questions then arise, including whether 19 Steagald v. United States, 451 U.S. 204 (1981).
the private citizen had the right to be in the place where 20 Johnson v. United States, 333 U.S. 10 (1948),
the evidence was thought to be, how he or she gained pp. 13–14.
access to that place, and so on. While the private sei- 21 Coolidge v. New Hampshire, 403 U.S. 443 (1971).
zure of evidence might not lead to its inadmissibility at
22 United States v. United States District Court, 407 U.S.
court, it might provide grounds for a civil suit against the
297 (1972).
citizen or even for his or her arrest (in case of burglary
or theft). 23 Payton v. New York, 445 U.S. 573 (1980), pp. 602–3.
3 Katz v. United States, 389 U.S. 347 (1967). 24 Chimel v. California, 395 U.S. 752 (1969), p. 763.
4 Ibid., p. 353. 25 Sibron v. New York, 392 U.S. 40 (1968).
5 Ibid. 26 See Rawlings v. Kentucky, 448 U.S. 98 (1980).
6 California v. Greenwood, 486 U.S. 35 (1988). 27 Preston v. United States, 376 U.S. 364 (1964).
7 Katz v. United States, p. 351. 28 Ibid., p. 367.
8 Ibid. 29 See also Chambers v. Maroney, 399 U.S. 42 (1970).
9 United States v. Jacobsen, 466 U.S. 109 (1984). 30 Chimel v. California, 395 U.S. 752 (1969).
10 Terry v. Ohio, 392 U.S. 1 (1968); United States v. 31 Ibid., p. 759.
Mendenhall, 446 U.S. 544 (1980). 32 Ibid., p. 768.
11 Florida v. Bostick, 501 U.S. 429 (1991). 33 Maryland v. Buie, 494 U.S. 325 (1990).
12 Beck v. Ohio, 379 U.S. 89 (1964), p. 91. 34 Arizona v. Gant, 556 U.S. 332 (2009).
13 Brinegar v. United States, 338 U.S. 160 (1949), p. 175. 35 Riley v. California, 573 U.S. ___ (2014).
14 Terry v. Ohio, 392 U.S. 1 (1968). 36 Warden v. Hayden, 387 U.S. 294 (1967).
15 Ibid., p. 22. 37 Ibid., p. 298.
16 Ibid., p. 13. 38 Ibid., pp. 298–99.
17 United States v. Sokolow, 490 U.S. 1 (1989), p. 7. 39 Ibid., p. 299.

40 State v. Wren, 115 Idaho 618 (1989), p. 625. 81 Illinois v. Lidster, 540 U.S. 419 (2004).
41 United States v. George, 883 F.2d 1407 (9th Cir. 82 Miranda v. Arizona, 384 U.S. 436 (1966).
1989). 83 United States v. Patane, 542 U.S. 630 (2004).
42 United States v. Santana, 427 U.S. 38 (1976). 84 Berkemer v. McCarty, 468 U.S. 420 (1984), p. 442.
43 See, e.g., Welsh v. Wisconsin, 466 U.S. 740 (1984). 85 Rhode Island v. Innis, 446 U.S. 291 (1980), p. 300.
44 Warden v. Hayden, 387 U.S. 294 (1967), p. 299. 86 Ibid., p. 302, n. 8.
45 Minnesota v. Olson, 495 U.S. 91 (1990). 87 United States v. Dickerson, 166 F.3d 667 (4th Cir.
46 Breithaupt v. Abram, 352 U.S. 432 (1957). 1999), p. 671.
47 See, e.g., Kentucky v. King, 563 U.S. ___ (2011). 88 Dickerson v. United States, 530 U.S. 428 (2000).
48 Missouri v. McNeely, 569 U.S. ___ (2013). 89 Ibid., p. 431.
49 Kentucky v. King, 563 U.S. ___ (2011). 90 Ibid., p. 443.
50 Carroll v. United States, 267 U.S. 132 (1925). 91 See, e.g., California v. Prysock, 453 U.S. 355 (1981),
51 Husty v. United States, 282 U.S. 694 (1931). p. 359, and Duckworth v. Eagan, 492 U.S. 192 (1989),
p. 198.
52 Ibid., p. 701.
92 See, e.g., Miranda v. Arizona, 384 U.S. 436 (1966),
53 Coolidge v. New Hampshire, 403 U.S. 443 (1971).
p. 475; Colorado v. Connelly, 479 U.S. 157 (1986);
54 United States v. Ross, 456 U.S. 798 (1982), p. 800. Fare v. Michael C., 442 U.S. 707 (1979), p. 725;
55 Ibid., p. 824. North Carolina v. Butler, 441 U.S. 369 (1979).
56 Coolidge v. New Hampshire, 403 U.S. 443 (1971). 93 New York v. Quarles, 467 U.S. 649 (1984).
57 Ibid. 94 California v. Prysock, 453 U.S. 355 (1981).
58 Arizona v. Hicks, 480 U.S. 321 (1987). 95 Ibid., p. 359.
59 Horton v. California, 496 U.S. 128 (1990). 96 Ibid.
60 Schneckloth v. Bustamonte, 412 U.S. 218 (1973). 97 Duckworth v. Eagan, 492 U.S. 192 (1989), p. 198.
61 Ibid. 98 Ibid., p. 203.
62 Ohio v. Robinette, 519 U.S. 33 (1996). 99 Colorado v. Spring, 479 U.S. 564 (1987).
63 Ibid., pp. 39–40. 100 Ibid., p. 577.
64 United States v. Mendenhall, 446 U.S. 544 (1980). 101 Florida v. Powell, 559 U.S. ___ (2010).
65 Florida v. Jimeno, 500 U.S. 248 (1991). 102 Miranda, p. 475.
66 State v. Brochu, 237 A.2d 418 (Me. 1967). 103 Ibid.
67 Terry v. Ohio, 392 U.S. 1 (1968). 104 Ibid., p. 476.
68 Ibid. 105 Colorado v. Connelly, 479 U.S. 157 (1986).
69 United States v. Mendenhall, 446 U.S. 544 (1980), 106 Fare v. Michael C., 442 U.S. 707 (1979), p. 725.
p. 554, emphasis added. 107 Berghuis v. Thompkins, 560 U.S. 370 (2010).
70 Sibron v. New York, 392 U.S. 40 (1968). 108 Fare v. Michael C., p. 733
71 Pennsylvania v. Mimms, 434 U.S. 106 (1977). 109 Michigan v. Mosley, 423 U.S. 96 (1975).
72 Illinois v. Lafayette, 462 U.S. 640 (1983). 110 Ibid., p. 106.
73 South Dakota v. Opperman, 428 U.S. 364 (1976). 111 Bobby v. Dixon, 565 U.S. ___ (2011).
74 Carroll v. United States, 267 U.S. 132 (1925). 112 Maryland v. Shatzer, 559 U.S. 98 (2010).
75 Ibid., p. 154. See also United States v. Montoya de 113 New York v. Quarles, 467 U.S. 649 (1984).
Hernandez, 473 U.S. 531 (1985), p. 538. 114 Ibid., pp. 657–58.
76 United States v. Martinez-Fuerte, 428 U.S. 543 (1976). 115 Ibid., p. 656.
77 Michigan Dept. of State Police v. Sitz, 496 U.S. 444 116 Ibid., p. 657.
(1990). 117 Ibid., p. 664.
78 City of Indianapolis v. Edmond, 531 U.S. 32 (2000). 118 T. T. Burke, “Documenting and reporting a confession
79 Ibid., p. 32. with a signed statement: A guide for law enforcement,”
80 Ibid., p. 44. FBI Law Enforcement Bulletin, February 2001, p. 17.

11
Civil Liability
and Accountability
1 Identify the two main avenues for civil litigation

against police officers.
2 Explain the different types of external accountability

measures put in place to check police misconduct.
3 Discuss procedures for promoting accountability

from within police agencies.
Michael Matthews/Police Images/Alamy Stock Photo
186 Chapter 11 Civil Liability and Accountability

Intro The Doctrine of Qualified Immunity
In a 2015 case, the U.S. Supreme Court held that the
ZUMA Press Inc/Alamy Stock Photo

doctrine of qualified immunity shields police officers
from civil liability so long as their conduct “does not vio-
late clearly established statutory or constitutional rights
of which a reasonable person would have known.”
A clearly established right is one that is “sufficiently
clear that every reasonable official would have under-
stood that what he is doing violates that right.” Even so,
in Mullenix v. Luna,1 the Court tussled with the thorny
issue of determining whether the doctrine of qualified
immunity applied to a police officer’s use of deadly force
when a lower court had ruled that it did not. The case
involved a man who fled from an arresting officer in a doctrine of qualified immunity “is whether existing prec-
vehicle, reaching high speeds while phoning 911 to tell edent placed the conclusion that [the officer] acted
dispatchers that he was armed and would fire at pursu- unreasonably in these circumstances.” (Italics added) The
ing officers if they did not end the chase. Another officer Court concluded that he had not acted unreasonably,
took up position ahead of where the chase was headed, and overturned the lower court’s ruling which had found
and fired at the man’s car as it approached an overpass him liable for improper use of force. The thrust of this
in an attempt to disable it. His shots, however, killed the important case is that there can be no hard and fast rule
fleeing driver. in determining whether officers are protected by qualified
The relevant issue, the Court concluded, in determining immunity, but that each questionable instance of police
whether that officer’s actions were shielded under the behavior must be determined on its own merits.
▶ Civil Liability
One of the core principles of the democratic system of govern- violation. In either case, the worst that can happen for the plain-
ment is public accountability. The American system of govern- tiff (the person bringing the lawsuit) is that the lawsuit will be
ment is designed to ensure that public officials ultimately answer dismissed and the plaintiff will be stuck with the attorney’s bill.
to the people whom they serve. Making elected officials What is the purpose of civil litigation? Aside from some-
accountable is relatively easy; they can be voted out of office. times being the only remedy available to those who have been
This is less true for workers in civil service positions; they wronged, civil lawsuits are attractive because they sometimes
answer to the public through a complex chain of relationships. result in monetary awards. Lawsuits in which people seek mon-
The police have not always been held closely accountable to the etary compensation are called damages suits, and the money
public. Times have changed, however, and the mechanisms for paid is called damages. In such suits, the plaintiff seeks pay-
ensuring public accountability of police activity are the focus of ment for perceived or actual injuries. In addition to damages,
this chapter. plaintiffs can seek injunctive relief, which means that the plain-
While holding public officials accountable is certainly tiff wants the court to bring the injurious or offensive action to
important, those officials enjoy many of the same legal protec- a halt.
tions that the rest of us do. Police officers who are sued, for There are two main mechanisms for lawsuits against police
example, can assert a number of defenses. Likewise, officers officers (and their employing agencies, cities, and counties):
who are investigated by their departments for alleged miscon- Section 1983 liability and state tort liability. These are summa-
duct enjoy a number of procedural protections. Bills of rights rized in Figure 11–1 and discussed in further detail in the fol-
for police officers have emerged in an effort to preserve the due lowing sections.
process rights of accused officers and to reduce the potential
for wrongful firings, demotions, and transfers. This chapter
examines efforts to balance the need for police accountability Section 1983 Liability
against the need to preserve due process protections for every- A portion of the U.S. Code, Learning Identify the two main
one, including the police. 42 U.S.C. Section 1983, pro- Outcomes avenues for civil litiga-
Whenever a person’s constitutional or other federal civil vides a remedy in federal 1 tion against police
rights are violated, a lawsuit can be filed. Even if a person merely court for the “deprivation of officers.
believes that his or her rights have been violated, litigation is any rights . . . secured by the
still an option. Litigation is also an option for tort violations, or Constitution and laws” of the
civil wrongs that do not rise to the level of a constitutional rights United States. Section 1983 states,
Civil Liability 187

Section 1983 Provides a remedy in federal court for the deprivation of any rights
Liability secured by the Constitution and laws.
Two requirements for a successful lawsuit

1. The defendant (the person being sued) must have acted
under color of law.
2. A federal or constitutional rights violation must have occurred.
Defense:
Qualified immunity: officer has lapse in judgment or makes an
honest mistake.
State Tort Alternative for aggrieved people who do not choose to sue under
Liability Section 1983. State tort claims tend to be reserved mostly for
less serious claims.
Two types of state tort claims that matter in the law enforcement
context
1. Intentional tort: defendant officer knowingly engaged in behavior.
2. Negligence tort: the mental state of the defendant officer is
not at issue.
Defenses:
Public-duty doctrine: police protection is owed to general public,
not individuals.
Contributory negligence: if plaintiff was also negligent, officer is
not liable.
Comparative negligence: looks at who is to blame and assigns
liability accordingly.
Assumption of risk: plaintiff voluntarily engaged in dangerous
activity, so officer is not liable.
Sudden Peril: officer required to make split-second decision.
FIGURE 11–1 Law Enforcement Liability.
Every person who, under color of any statute, ordi- By contrast, someone acting in a private capacity (e.g., an ordi-
nance, regulation, custom, or usage, of any State or Ter- nary citizen) cannot be said to have acted under color of law.
ritory or the District of Columbia, subjects, or causes to
be subjected, any citizen of the United States or other Constitutional Violation
persons within the jurisdiction thereof to the depriva- The second requirement for a successful Section 1983 lawsuit
tion of any rights, privileges, or immunities secured by is that a federal or constitutional rights violation must have
the Constitution and laws, shall be liable to the party taken place. In the law enforcement context, the concern is
injured in an action at law, suit in equity, or other proper almost exclusively over constitutional rights violations. In
proceeding for redress. determining whether a constitutional rights violation has taken
place, the plaintiff (the suing party) must establish that the con-
Color of Law duct of the defendant (or defendants) violated a specific consti-
One of the requirements for a successful Section 1983 lawsuit tutional provision, such as the Fourth Amendment’s prohibition
is that the defendant, the person being sued, must have acted against unreasonable searches and seizures (see Chapter 10);
under color of law. The U.S. Supreme Court has said that some- that is, “in any given Section 1983 suit, the plaintiff must still
one acts under color of law when he or she acts in an official prove a violation of the underlying constitutional right.”4
government capacity and with the appearance of legal power. Recently, the courts have begun to require that constitutional
This includes police officers, mayors, and a number of other rights violations alleged under Section 1983 be committed with
government officials.2 For example, a police officer who is on a certain level of culpability; that is, plaintiffs generally have
duty acts under color of law. Police officers also act under color to prove that the defendant officer intended for the violation to
of law when they (1) identify themselves as officers, (2) per- occur. The practical result of this is that Section 1983 is now
form criminal investigations, (3) file official police documents, reserved for the most serious of constitutional rights violations.
(4) make arrests, (5) invoke police powers inside or outside The level of culpability required for a constitutional rights vio-
their jurisdiction, (6) settle personal vendettas with police lation depends on the type of unconstitutional conduct alleged
power, or (7) display weapons or police equipment. 3 by the plaintiff.5

Theories of Liability
State Tort Liability
The term theory of liability refers essentially to reasons offered
State tort claims are an alternative for aggrieved individuals
as to why a particular person or entity should be held answer-
who do not choose to sue under Section 1983. Moreover, state
able under civil law for some action. A typical Section 1983
tort liability is an important avenue of redress because negligent
lawsuit will target an individual officer, that officer’s supervi-
acts or misconduct by the police that result in minor injuries are
sor, the city or municipality for which the officer works, or
usually not serious enough to make Section 1983 litigation a
some combination of these. Besides suing the officer who may
viable option. State tort claims tend to be reserved mostly for
have been responsible for a constitutional rights violation, it is
less serious claims. There are exceptions, however, such as tort
often attractive for plaintiffs to go after the “bigger fish”
lawsuits for wrongful death, an admittedly serious act.
because that is where the money is. Cities and counties tend to
have deeper pockets than the average police officer and are Types of Torts
therefore more attractive targets for civil litigation. To date, cit-
ies and counties have been held liable only for failing to train There are two types of state tort claims that matter in the law
officers6 and for adopting unconstitutional policies and cus- enforcement context. First, intentional torts consist of actions
toms.7 For the latter, the plaintiff must prove that the city or that are highly likely to cause injury or damage. For a plaintiff to
county adopted and implemented a policy or custom that led to successfully sue for an intentional tort, he or she must also show
the injury. Isolated incidents are not sufficient to hold a city or that the defendant officer knowingly engaged in the behavior. To
county liable. be liable for an intentional tort, an officer need not intend to
harm; it need only be shown that the officer intended to engage
in the behavior that led to the harm. Common forms of inten-
Suing Federal Officials
tional torts that are applicable to policing include wrongful
Before 1971, it was not clear whether federal officials could be death, assault and battery, false arrest, and false imprisonment.
sued under Section 1983. In the 1971 case of Bivens v. Six A second and more far-reaching tort claim involves negli-
Unknown Named Agents,8 however, the U.S. Supreme Court gence. In a negligence tort, the mental state of the defendant
held that federal law enforcement officers can be sued for officer is not at issue. Plaintiffs need only demonstrate the pres-
Fourth Amendment violations. The decision has since been ence of four elements to succeed with a negligence claim: (1) a
expanded to include liability for violations of constitutional legal duty between the officer and the plaintiff, (2) a breach of
rights embodied in other relevant amendments.9 that duty, (3) proximate (direct) causation between the officer’s
Bivens claims are primarily limited to law enforcement actions and the alleged harm, and (4) actual damage or injury.
officers, as many other federal officials enjoy absolute immu-
nity. Absolute immunity means that the official cannot be sued Defenses
under any circumstances. Federal officials who enjoy absolute Police officers who are sued for tort violations benefit from the
immunity include judges10 and prosecutors, among others.11 so-called public-duty doctrine. It states that police protection
By contrast, heads of federal agencies,12 presidential aides,13 (like any other government function) is owed to the general pub-
and federal law enforcement officers can be sued. However, lic, not to individuals. This means that if a police officer is not
these and other federal officials enjoy qualified immunity, the present to thwart a criminal act, the officer cannot be held liable
same defense that applies to state officials in the Section 1983 for failure to protect. The reason for this barrier to liability is
context. clear: It would be unreasonable to hold law enforcement offi-
cials liable every time they do not intervene in criminal activity.
Defenses There are situations, however, in which police officers owe
The main defense to Section 1983 liability is qualified immu- a legal duty to an individual and, as such, can be held liable for
nity. Qualified immunity is a judicially created defense. It failing to perform that legal duty. For example, if a police officer
emerged in response to two conflicting policy concerns: effec- stops a motorist, confirms that he is drunk, but lets him or her go,
tive crime control and the protection of people’s civil liberties. a special relationship has been created; the officer should arrest
On the one hand, Section 1983 lawsuits are intended to deter the drunk driver or, at a minimum, ensure that he or she does not
police misconduct. But on the other hand, the U.S. Supreme drive until he or she is sober. The officer could therefore be held
Court has recognized that it is not fair to hold officials liable for liable under state tort law for negligent failure to protect.
lapses in judgment and honest mistakes.14 However, even in situations in which a special relationship
Similar to the Fourth Amendment’s test for reasonableness, exists between a police officer and a private citizen, the officer may
the courts have applied an objective reasonableness standard be able to assert one of several defenses to liability. The first such
in order to determine whether qualified immunity should bar a defense is known as contributory negligence. This defense holds
successful lawsuit. In other words, a defendant police officer is that if an officer can show that the plaintiff was also negligent in,
said to have acted in an objectively reasonable fashion if he or say, causing an accident, the officer should not be held liable. Con-
she did not violate clearly established rights of which a reason- tributory negligence can arise not only from the actions of a crimi-
able person would have known. In some Section 1983 cases, nal defendant but also from those of third parties. If, during the
police have benefited from qualified immunity even when they course of a high-speed pursuit, a third motorist runs a red light and
violated clearly established constitutional rights, as long as the is struck by the officer, the officer may not be found liable because
mistake was a reasonable one.15 the motorist contributed to the crash by running a red light.
Civil Liability 189

internal measures that police agencies employ to deal with
Think About It… complaints of misconduct and impropriety.
There is some debate over whether police accountability
Civil Litigation As part of one of the most visible branches of should be internal or external. Some feel that the police them-
the executive arm of government, police officers occupy a pre- selves are most capable of reviewing allegations against them.
carious position with respect to civil liability (being sued for Others feel that a balance between internal and external review
misconduct). This is complicated by the often confrontational is necessary. For example, one researcher observed that “the
nature of police work. Police officers must sometimes use departmental administrative structure has by far the greatest
force, which can upset people or injure them. Do the police potential for efficient, effective action to prevent, to investigate,
get sued too much? Why or why not? Do they get sued to adjudicate, or to punish police misconduct”16 but that exter-
more than people in other occupations? If so, why? What is nal review allows outside scrutiny of the process and thereby
your perspective on the issue of police civil litigation? lends credibility to internal review. Others feel that external
review of police agencies is critical, arguing that true control
occurs only when civilians have the primary responsibility for
investigating misconduct.
Dcdebs/E+/Getty image
A more comprehensive view recognizes that the issue of
control must be examined as a partnership between the police
and the community. From this perspective, external account-
ability mechanisms are essential. We will look at several such
mechanisms: citizen oversight, citizen complaints, agency
accreditation, the exclusionary rule, and criminal prosecution
for serious misconduct.
Unlike contributory negligence, the comparative negli- Citizen Oversight

gence defense is not a total bar to state tort liability. Compara-
Not too long ago, the vast
tive negligence looks at who is to blame and assigns liability Learning Explain the different
majority of police departments Outcomes types of external
accordingly. If it is found that the police officer is 20% liable
and the plaintiff is 80% liable, damages would be awarded in
used only an internal process 2 accountability measures
to handle disciplinary put in place to check
accordance with these percentages. The comparative negli-
actions.17 A survey of police police misconduct.
gence defense permits courts to determine fault and the extent
agencies conducted during the
to which each party contributed to an incident or injury.
1980s revealed that only about 15% of them allowed “outsiders”
The assumption of risk defense against state tort liability
into the review process. Today, however, a host of police agen-
provides that if a plaintiff voluntarily engaged in a danger-
cies have established external (citizen) complaint review proce-
ous activity that led to his or her injury, then the police offi-
dures.18 The President’s Task Force on 21st-Century Policing
cer should not be held liable. If a suspect is injured during the
reiterated the importance and role of civilian review in modern
course of a high-speed pursuit and sues the officer, the court
policing:
may decide that the suspect assumed the risk of injury by flee-
ing from the police. Citizen review is not an advocate for the community or
Finally, police defendants in state tort claims enjoy a defense for the police. This impartiality allows oversight to
referred to as sudden peril. This is basically an “emergency” bring stakeholders together to work collaboratively and
defense for situations in which officers were required to make proactively to help make policing more effective and
split-second decisions. This defense applies only in situations in responsive to the community. Civilian oversight alone is
which the injury or death is clearly attributed to the heat of the not sufficient to gain legitimacy; without it, however, it
moment. If the officer asserting such a defense contributed in is difficult, if not impossible, for the police to maintain
any way to the creation of the emergency situation, courts (and the public’s trust.19
juries) may be inclined to find in favor of the plaintiff. There is little consistency in the way external review is struc-
tured,20 but three distinct approaches have been identified:21
civilian review, civilian input, and civilian monitor (Figure 11–2).
▶ Other External Accountability Civilian Review
Measures The civilian review model is one of the stronger models of citi-
Lawsuits serve as a powerful check on police misconduct. The zen oversight. It occurs when a group of citizens investigates
problem, however, is that litigation is not always a viable or complaints against the police, adjudicates the complaints, and
desirable alternative. Other measures have been put in place to recommends punishment. This approach has been taken in cities
pick up where litigation leaves off. This section looks at what like Washington, D.C.; Philadelphia; Rochester, New York;
we call external accountability measures, those stemming from New York City; and Berkeley, California. The strongest argu-
outside law enforcement agencies. A later section looks at ment against the civilian review model is that it vests

Civilian Monitor
Complaints are received by the
police department, and the
process, from beginning to end, is
monitored by the external unit.
Civilians monitor but do not
make decisions.
Civilian Input Civilian Review

Reception and investigation of Group of citizens investigates
complaints is in the hands of Citizen Oversight complaints against the police,
civilians, but next steps are taken A host of police agencies have established external (citizen) adjudicates the complaints, and
by the police department. complaint review procedures.i recommends punishment.
Citizen involvement in the complaint process will produce
(1) more objective and more thorough investigations;
(2) a higher rate of sustained complaints and more disciplinary
actions against guilty officers;
(3) greater deterrence of police misconduct (through both
general and specific deterrence); and
(4) higher levels of satisfaction on the part of both individual
complainants and the general public.II
S. Walker and B. Wright, Citizen review of the police: A national survey of the 50 largest cities (Washington, DC: Police Executive Research Forum, 1995).
S. Walker and B. Wright, “Varieties of citizen review: The relationship of mission, structure, and procedures to police accountability,” in Critical issues in policing:
Contemporary readings, 3rd ed., ed. R. G. Dunham and G. P. Alpert (Prospect Heights, IL: Waveland, 1997).
FIGURE 11–2 Citizen Oversight and Police Accountability.
responsibility and authority for police discipline in the hands of feature of this model is that the civilians monitor but do not
individuals who have no expertise in police work and who likely make decisions. The monitoring consists of scrutinizing the
do not have the capacity for investigating and understanding the internal process for inconsistencies or problems. For example,
issues involved in a disciplinary problem.22 On the other hand, in San Jose, California, the Independent Police Auditor (IPA)
the civilian review model represents almost everything that crit- receives and investigates complaints (as does the police depart-
ics of traditional internal review mechanisms desire. ment’s internal affairs division). The IPA’s mission consists of
the following:
Civilian Input (a) Reviewing Police Department investigations of com-
The civilian input model puts the reception and investigation of plaints against police officers to determine if the investi-
complaints in the hands of civilians, but the next steps are taken gation was complete, thorough, objective, and fair.
by the police department. In Kansas City, Missouri, the Office
(b) Making recommendations with regard to Police
of Community Complaints (OCC) serves as the central clearing
Department policies and procedures based on the IPA’s
house for receiving complaints.23 The OCC reviews all com-
review of investigations of complaints against police
plaints and assigns them, as needed, to the police department’s
officers.
internal affairs unit for investigation. The internal affairs unit is
staffed by sworn officers who investigate allegations of wrong- (c) Conducting public outreach to educate the commu-
doing in the ranks. Once the investigation has been completed, nity on the role of the IPA and to assist the community
the OCC reviews the results and makes recommendations to the with the process and procedures for investigation of com-
chief. In Chicago, the Office of Professional Standards (OPS) is plaints against police officers.24
located in the police department but is staffed by nonsworn per-
sonnel. The OPS handles all citizen complaints involving Other Citizen Oversight Models
excessive force, deadly force, and nondeadly force, while the The three models we just mentioned are not the only methods
department’s internal affairs division is responsible for all other of providing citizen oversight. One team of researchers identi-
disciplinary issues. fied four classes of citizen review.25 They overlap to some
extent with the three just described. The first involves indepen-
Civilian Monitor dent citizen review bodies in which nonsworn investigators
The civilian monitor model is similar to an ombudsman conduct investigations and make recommendations to the police
approach. With the civilian monitor model, complaints are executive. Citizen review bodies are found, for example, in
received by the police department, and the process—from New Orleans and Cincinnati.26 The second approach involves
beginning to end—is monitored by the external unit. The key initial investigations by sworn police officers, followed by a

review of the officers’ reports by an individual or board that citizen complaint procedures. Visitors to the LAPD’s website,
contains at least some nonsworn people. The individual or for example, can find a link to a complaint form. Some agencies
board then makes recommendations to the chief. Procedures of have even distributed citizen complaint forms to civic organiza-
this type have been used in Kansas City, Missouri; Portland, tions and neighborhood groups. Still others require any police
Oregon; and Albuquerque, New Mexico.27 employee who is approached by a citizen with a complaint to
In the third approach, an internal affairs department investi- report the complaint to the internal investigation registration
gates complaints and makes recommendations to the chief. Cit- desk within a set period of time after receiving the information.
izens who are not satisfied with the final disposition can appeal
to a board containing at least some nonsworn individuals. The
board reviews the case and may make different recommenda- Agency Accreditation
tions to the chief. In the fourth approach, auditors investigate Accreditation refers to certification for having met all applicable
citizen complaints. In both Seattle, Washington, and San Jose, requirements put in place by an accrediting body. Accreditation is
California, for example, an auditor reviews the department’s a big issue in the academic world. Universities have to satisfy
complaint procedure and recommends changes as necessary. their accrediting bodies’ requirements, or they risk losing their
Also, the auditor often contacts complainants to assess their accreditation, which is akin to losing credibility. Accreditation has
satisfaction with the complaint process.28 spilled over into law enforcement as well. It is a process intended
It is also important to distinguish between the independent to ensure that agencies remain accountable to the public and that
review of citizen complaints and citizen oversight.29 Independent they abide by the highest standards of conduct in the field.
review occurs when a civilian review body investigates com- The Commission on Accreditation for Law Enforcement
plaints filed against law enforcement officers and then forwards Agencies (CALEA) was established in 1979 by the International
its recommendations to the chief or sheriff. Citizen oversight, Association of Chiefs of Police (IACP), the National Sheriffs’
in contrast, stresses community outreach, review of complaint Association, the Police Executive Research Forum, and the
policies by a civilian group, audits of complaint investigation National Organization of Black Law Enforcement Executives.
procedures, information dissemination, and the like. Their goal was to evaluate and accredit police agencies that meet
Citizen oversight represents an important step in promoting various standards.
accountability, but its effectiveness in reducing or eliminating The standards set forth by CALEA address nine major law
misconduct is unclear. This is because most of the mechanisms enforcement subjects: (1) role, responsibilities, and relationships
provide only for disciplinary recommendations; that is, most with other agencies; (2) organization, management, and adminis-
oversight groups can make only advisory recommendations tration; (3) personnel structure; (4) personnel process; (5) opera-
to the chief police.30 As two noted researchers observed, “The tions; (6) operational support; (7) traffic operations; (8) detainee
powers of citizen review procedures are far more limited than and court-related activities; and (9) auxiliary and technical
those of judges in the criminal process.”31 Nevertheless, certain services.34 These subjects are then broken into 38 content areas
cities vest citizens with the ability to make disciplinary deci- consisting of (as of this writing) 439 standards.35
sions. Examples include the San Francisco Office of Citizen A police agency seeking accreditation must pass through five
Complaints, the Milwaukee Fire and Police Commission, the phases: application, self-assessment, on-site assessment, com-
Chicago Police Board, and the Detroit Police Commission.32 mission review and decision, and maintenance of compliance
and reaccreditation. The accreditation process is a voluntary
one, so only agencies interested in being accredited apply. Once
Citizen Complaints eligibility has been confirmed, both the agency and the com-
In general, citizen oversight is concerned with investigations of mission sign an agreement that identifies what is expected of
police misconduct, including investigations of citizen com- each party. Then the agency completes an agency profile ques-
plaints. Citizen complaints are documents filed by people who tionnaire. The responses to the questionnaire provide important
feel they have been wronged by one or more police officers in a information to the accreditation manager and facilitate interac-
department. An example of a citizen’s complaint form is pro- tion between the agency and the commission. Next, the agency
vided in Figure 11–3. conducts a self-assessment in which it determines whether it
Citizen complaints are sometimes seen by administrators as complies with standards set forth by the commission. Proof of
“a barometer of police performance.”33 Complaints can indi- compliance is required. The on-site assessment consists of a visit
cate how officers are behaving on the street, which is useful by commission officials during which the agency’s compliance
because police officers are not always directly supervised by with commission standards is determined. The assessors’ final
their superiors. Agencies should not have to rely on complaints report is then forwarded to the commission for review. If, during
to understand how they are doing, but complaints can often the review period, the commission is satisfied that the agency
send important messages that would not otherwise be clear. meets all relevant standards, accreditation is granted. Accredited
Many police agencies have centralized areas where all agencies then submit annual reports to the commission attesting
citizen complaints about police misbehavior or ill treatment of to their continued compliance with relevant standards.
citizens must be reported. Complaints are confidentially received Accreditation may also provide additional benefits besides
and permanently logged in chronological order of receipt. The accountability and the maintenance of high standards. One
complainant’s information is also recorded, and an investiga- is a reduction in insurance premiums.36 This is not unlike a
tion is set into motion. Some agencies actively publicize their reduction in auto insurance premiums for drivers who take a

Abilene Police Department
Citizen Complaint/Commendations Form
File complaints or commendations about Police Department employees on this form. Return the completed
form to the desk duty officer, 1st floor at the Police Department, 450 Pecan, or hand deliver to the City
Manager’s Office, 555 Walnut, Room 203, or by mail to P.O. Box 60 Abilene, Texas 79604.
Complaints will not be investigated until a Police Supervisor has contacted the Complaining Party.
Involved Officer/Employee(s) Information:
Name:
Name:
Person Making the Complaint/Commendation:
Name: Phone:
Address: Phone:
Information
Please provide as much information about the reason you were contacted by the officer/employee.
Specific information about the date, time and location will help in locating computer-based
information if you do not know the officer/employee’s name.
Approximate
Date of Contact: AM/PM
Time:
Location
Contacted:
Reason For The Complaint/Commendation: (attach additional pages if needed)
Witness Information:
Name: Phone:
Address: Phone:
Name: Phone:
Address: Phone:
Submitted by______________________________________Date______________________________________
FIGURE 11–3 Citizen’s Complaint Form.

Source: Abilene (Texas) Police Department. Reprinted with permission.
safe-driving course. A person who has taken the course is pre- This has resulted in an increase in state-level accreditation.39
sumably at less risk for getting in an accident or filing a claim. For example, the Washington Association of Sheriffs and
The same goes for police agencies. Those who maintain the Police Chiefs (WASPC) was directed by the state legislature
highest standards are presumably the least likely to be sued. to develop accreditation standards during the 1970s. The result
Evidence also suggests that accredited law enforcement agen- was the WASPC Law Enforcement Accreditation Program.40
cies may be more likely to receive grant funds.37 Figure 11–4 depicts various benefits of state-level accreditation.
Despite the apparent benefits associated with national
accreditation, there has been a great deal of debate and contro-
versy over the accreditation process.38 Some state law enforce- The Exclusionary Rule
ment associations have vocally opposed national accreditation Another important mechanism for ensuring the accountability
standards, arguing that state-level accreditation is preferable. of police agencies is the exclusionary rule, which mandates that

obtained after that initial illegal act.43 The question
Improved morale within the police agency of what is considered “fruit,” however, has become
Increased credibility with the agency’s governing body complicated over the years. This is partly due to the
Increased pride in the agency emergence of a number of exceptions to the fruit of
Systemized self-assessment the poisonous tree doctrine.
Broadened perspectives
The exclusionary rule is intended to promote
Intensified administrative and operational effectiveness
Confidence that recruitment, selection, and promotion processes are fair and equitable accountability and deter misconduct. Some would
Strengthened understanding of agency policies and procedures by all police personnel say, though, that the rule does not serve the same
Decreased susceptibility to litigation and costly civil court settlements deterrent effect today that it perhaps once did. Its
Potential reduction in premiums for liability insurance deterrent effect may have been diminished as the
Greater public confidence in the agency U.S. Supreme Court has become more conserva-
State and local acknowledgment of professional competence tive in its decisions. A variety of subsequently
established exceptions to the rule (e.g., good faith
FIGURE 11–4 Benefits of Participating in the WASPC Accreditation Program. and discussed below) helps to ensure that the crimi-
Source: Washington Association of Sheriffs and Police Chiefs, “Accreditation,” nal does not go free when reasonable mistakes are
http://www.waspc.org/accreditation www.waspc.org/stage.dll/?pid=1&scb=2
made. The deterrent effect is probably minimal,
(accessed January 27, 2016)
too, because the time elapsed between illegal police
conduct and the decision to exclude evidence is
evidence obtained in violation of the U.S. Constitution cannot usually rather lengthy.44
41
be admitted in a criminal trial to prove guilt. In the Supreme There is evidence, however, that many police organizations,
Court case of Elkins v. United States, Associate Justice Tom C. fearful of losing criminal cases on technicalities, have instituted
Clark provided eloquent reasoning for such a rule: “The crimi- programs designed to teach trainees about constitutional guide-
nal goes free, if he must, but it is the law that sets him free. lines. To that end, the exclusionary rule plays at least a minimal
Nothing can destroy a government more quickly than its failure role in promoting accountability; when the police violate the
to observe its own law, or worse, its disregard of the charter of Constitution, criminals go free. When criminals go free, the
its own existence.”42 public demands answers. Thus, law enforcement officials rec-
The so-called fruit of the poisonous tree doctrine has expanded ognize the importance of operating within established constitu-
the scope of the exclusionary rule to include evidence derived tional and legal boundaries.
from materials that were unconstitutionally obtained. Suppose, for
example, that a police officer illegally arrests someone. The fruit of
the poisonous tree doctrine would require the exclusion of not only Good-Faith Exception
the evidence obtained in the search of the arrestee following that As a general rule, when an honest mistake is made during the
arrest but also, potentially, any other evidence (such as a confession) course of a search or seizure, any subsequently obtained evi-
dence will be considered admissible. Two cases decided
together were responsible for this good-faith exception: United
States v. Leon and Massachusetts v. Sheppard.45
Think About It… In Leon, police relied on a search warrant that was later declared
The Exclusionary Rule Critics of the exclusionary rule claim invalid because it was not supported by probable cause. The Court
that it creates public cynicism by letting otherwise guilty upheld the search because the officers acted in good faith.
individuals escape prosecution. The question of whether the In Sheppard, officers had a difficult time finding a warrant
exclusionary rule is beneficial or harmful has been subjected form because it was the weekend, so they settled on a form pre-
to a fair amount of empirical research. Of particular interest viously used in another search for controlled substances. They
is the incidence of cases where the rule resulted in the sup- made some changes to the form and presented it to a judge at
pression of evidence and/or the extent to which search and his residence. The judge signed off on the warrant after mak-
seizure concerns dictate the decision to prosecute. Do you ing some changes of his own. But the references to controlled
support the argument that the exclusionary rule is a loop- substances remained in the warrant, even though that was not
hole? Why or why not? What other arguments can be raised what the officers set out to search for. A trial judge declared the
for or against the exclusionary rule? warrant invalid, but the Supreme Court disagreed.
In both Leon and Sheppard, the Supreme Court concluded
that evidence obtained in reasonable (good-faith) reliance on a
defective warrant was admissible:
[W]e cannot conclude that admitting evidence obtained
B. Wylezich/Fotolia
pursuant to a warrant while at the same time declaring

that the warrant was somehow defective will in any way
reduce judicial officers’ professional incentives to com-
ply with the Fourth Amendment, encourage them to
repeat their mistakes, or lead to the granting of all color-
able warrant requests.46

The good-faith exception enunciated in Leon and Sheppard Whoever, under color of any law, statute, ordinance,
is not unqualified, however. If, for example, a warrant is “so regulation, or custom, willfully subjects any inhabitant
lacking in indicia of probable cause as to render official belief of any State, Territory, or District to the deprivation of
in its existence entirely unreasonable, then evidence obtained any rights, privileges, or immunities secured or pro-
following its service will not be admissible.”47 Similarly, if a tected by the Constitution or laws of the United States,
warrant is “so facially deficient—i.e., in failing to particularize or to different punishments, pains, or penalties, on
the place to be searched or things to be seized—that the execut- account of such inhabitant being an alien, or by reason
ing officers cannot reasonably presume it to be valid, then the of his color, or race, than are prescribed for the punish-
exception does not apply.”48 ment of citizens, shall be fined not more than $1,000 or
The good-faith exception is not held in the highest regard by imprisoned not more than one year, or both; and if death
some. Critics believe that it gives police officers an incentive to results shall be subject to imprisonment for any term of
“forum shop,” or to find judges who will be quick to sign off on years or for life.
a warrant. Justice Brennan argued in opposition to the excep- To be held liable under Section 242, a law enforcement offi-
tion as follows: cer must act with specific intent to deprive a person of important
Creation of this new exception for good faith reliance constitutional or other federal rights.52 A finding of criminal
upon a warrant implicitly tells magistrates that they need liability under Section 242 also requires that a constitutional
not take much care in reviewing warrant applications, right be clearly established.53 These restrictions have resulted
since their mistakes will from now on have virtually no in relatively few Section 242 cases. In fact, criminal liability
consequence: If their decision to issue a warrant is cor- under Section 242 is reserved for the most egregious forms of
rect, the evidence will be admitted; if their decision was police misconduct.
incorrect but [not “entirely unreasonable” and] the police Despite its relatively infrequent application, there have been
rely in good faith on the warrant, the evidence will also a few cases in which Section 242 was invoked. For example, in
be admitted. Inevitably, the care and attention devoted to Miller v. United States (1968),54 a police officer was held crimi-
such an inconsequential chore will dwindle.49 nally liable for allowing his canine unit to bite a suspect. In
The good-faith exception has been extended to other situa- Williams v. United States (1951),55 a defendant had been beaten,
tions besides searches and seizures based on defective warrants. threatened, and physically punished for several hours, and the
For instance, if a police officer acts in reasonable reliance on a police officer was held criminally liable. Section 242 has also
statute that is later found to be unconstitutional, then the good- been applied in cases involving assault and battery of criminal
faith exception will apply. In addition, if evidence is obtained defendants.56
following a search or seizure that is conducted in reasonable Additional federal statutes make it a criminal act to unlaw-
reliance on computer records that turn out to be inaccurate, fully search and seize individuals (18 U.S.C.A. Section 2236),
then, again, the exception will apply. In Arizona v. Evans,50 although applications of this statute are rare. For example, 18
for example, a defendant was arrested during a traffic stop U.S.C.A. Section 2235 makes it a crime to maliciously procure a
because the officer’s computer showed an outstanding warrant warrant, and Section 2234 makes it a criminal offense to exceed
that, unknown to the officer, had been quashed 17 days earlier. the authority of a warrant. Regardless of which criminal statute
Evidence obtained from a search of the vehicle was admissible applies, an important distinction between the various criminal
because, according to the Court, “there is no basis for believing statutes and 42 U.S.C. Section 1983 is that officers who are held
that application of the exclusionary rule in these circumstances criminally liable receive criminal convictions and can even go to
will have a significant effect on court employees responsible for prison; Section 1983, by contrast, is civil, meaning that it is used
informing the police that a warrant has been quashed.”51 independently of the criminal process. A successful Section 1983
lawsuit will never result in the imprisonment of the defendant.
Criminal Prosecution State Prosecution

Various statutes at the state and federal levels provide criminal The same laws that apply to ordinary citizens also apply to
remedies for police misconduct. Some states make it a crime police officers. For example, if a police officer knowingly and
for police officers to trespass or to falsely arrest people. In fact, intentionally kills someone and is not legally justified in doing
most criminal sanctions that apply to ordinary citizens also so (i.e., it was not a justifiable killing that occurred in conjunc-
apply to police officers. Likewise, there are various statutes at tion with the officer’s official police duties), the officer can be
the federal level that make it not only improper but also crimi- held criminally liable for murder. Similarly, if a police officer
nal for police officers to engage in certain types of conduct. trespasses on private property without appropriate justification,
he or she can be held criminally liable. Criminal liability can
Federal Prosecution extend to police officers for virtually any conceivable offense.
At the federal level, the most common statute for holding police Three categories of offenses have been identified:57 (1) violent
officers criminally liable is 18 U.S.C.A. Section 242. Section and sex crimes, (2) drug crimes, and (3) other crimes. Examples of
242 is to criminal liability what Section 1983 (discussed ear- officers accused of violating state law include the so-called Miami
lier) is to civil liability. It can be used to prosecute either a state River Cops, who were charged with murdering drug smugglers,
or a federal law enforcement officer. Section 242 states, and the police officer in Fort Myers, Florida, who was charged

with sexual assault against a 19-year-old woman. Indeed, as of tone for its rigorous investigations.” Officers who have worked
this writing, U.S. Border Patrol agents along the Arizona–Mexico in internal affairs “help to pass on [the unit’s] knowledge about
border have become the targets of almost daily criminal com- citizens’ complaints and educate the everyday cop about how
plaints for a variety of actions. internal affairs works. Ideally, these dynamics combine to make
Given the staggering amounts of money associated with the internal affairs respected, understood, and feared by the cops it
illegal drug trade, it is no wonder that some police officers cross polices.”61
the “thin blue line” and attempt to profit from illegal drugs. This
appears to be the case with the infamous Rampart scandal in the
LAPD. Officers in other cities have faced similar charges. In Functions and Procedures
1996, seven officers on the Chicago Police Department’s Tacti- The effectiveness of internal investigations of police miscon-
cal Unit were charged with stealing and extorting drug money; duct depends on the accurate receipt and recording of all rele-
seven officers in Atlanta were arrested in 1995 on drug charges; vant information of improper personnel or organizational
and a deputy in Tucson, Arizona, was arrested in 1999 for con- behavior, regardless of its source. Administrative efforts to
spiracy to distribute drugs. The list, unfortunately, goes on.58 minimize the potential for manipulating complaints have led to
Police officers have also been held liable for such offenses the designation of specifically identified individuals or offices
as burglary, fabrication of evidence, perjury, and shoplifting. as the point for registering employee misconduct complaints.
One report revealed that federal agents arrested three city police The following three types of complaints are critical to effec-
officers in Detroit who were planning a home invasion to steal tive managerial control and must be fully investigated: (1) a
$1 million in cash.59 citizen complaining about the police department or one of its
This is not to suggest that police officers frequently engage employees, (2) a police employee complaining about another
in criminal activity—only that it does happen. No one is above police employee, and (3) a police employee complaining about
the law, not even police officers. However, when officers break the police agency or its practices.62
the law in order to protect the innocent or to prevent some Once they are recorded, complaints and reports must be
greater harm, then they can claim a “law enforcement” or managed in such a fashion as to ensure prompt, thorough, con-
public-duty defense. Such a defense would, for example, be use- fidential investigations. Only the chief executive officer and
ful by an officer who finds the use of force necessary in effecting police officials with a need to know are normally permitted
an arrest but is later accused of assault by the person arrested. access to information about the complainant, the complaint, or
The public-duty defense is meant to shield police officers from the investigation, at least during the initial investigative phase.
criminal liability when they act reasonably in such situations. Time limits for completing various aspects of the investigation
and reporting to complainants are essential for the effective
operation of internal affairs.
Another matter deserving careful consideration by the chief
▶ Accountability from the Inside is the selection of staff investigators for internal affairs. Role
The preceding section may give the impression that there is conflicts are created when line police officers are assigned to
something wrong with internal accountability mechanisms, the investigate other line officers with whom they must work or
organizational steps that police departments take to address when investigative officers are shifted back and forth between
wrongdoing. Nothing could be further from the truth. Internal the internal affairs unit and operational units that are subject to
affairs divisions and codes of ethics are effective methods for investigations. In each of these instances, investigators may be
promoting the accountability of those charged with serving the tempted to be lenient with those officers accused of misconduct.
public. Although there is no universal agreement on this matter,
internal investigations may be best served by police personnel
who will never be reassigned to work under officers who have
Internal Affairs been the subject of their investigations. To prevent this situation
Many police agencies have developed innovative and highly from occurring, small police agencies sometimes use high-level
regarded internal complaint review units, most commonly staff commanders or investigators from other nearby police
known as internal affairs divi- agencies or sheriff’s departments. Larger organizations usually
Learning Discuss procedures for sions. Internal investigation have the option of developing separate career paths for those
Outcomes promoting accountabil- units receive complaints that who specialize in the investigation of other police officers. Such
3 ity from within police are filed in various manners: separate career routes have the advantage of permitting the use
agencies. verbally or in writing, openly of rewards for vigorous, competent, and objective investiga-
or anonymously, by civilians tions. Together, all of these concerns have led to sophisticated
or sworn police officers, in person or by telephone, or by other procedures for tracking and investigating complaints against
means. Complaints must be investigated regardless of the man- the police through internal affairs.
ner of filing or the type of incident involved.
The internal affairs division in Oakland, California, for Officers’ Rights during Investigations
instance, is respected throughout the country.60 According to A number of court cases have addressed the issue of police offi-
one source, the “Internal Affairs Section of the Oakland Police cers’ rights during the course of internal investigations. For
Department works closely with the chief of police, who sets the example, in Garrity v. New Jersey (1967),63 the U.S. Supreme

Court ruled that information gained from the interrogation of a The development of a code of ethics for law enforcement
police officer could not be used in a criminal trial because it can be traced back to early movements to professionalize polic-
was not voluntary. In that case, a state deputy attorney general ing. During the 1930s, the IACP created a committee to make
was asking police officers about ticket fixing. The officers were recommendations designed to promote professionalism. The
read their rights and then told that if they failed to answer the committee agreed that one of the criteria for accomplishing
questions, they would be dismissed. Subsequent criminal con- this goal was the creation of a code of ethics. It was not until
victions based on the officers’ admissions were deemed uncon- 1957, however, that the Law Enforcement Code of Ethics was
stitutional because the admissions were not voluntary. Similarly, unanimously approved by delegates attending the 64th IACP
in Gardner v. Broderick (1967),64 the Supreme Court ruled that conference in Honolulu. Then, in 1989, IACP voted to replace
police officers could not be fired for invoking their constitu- the 1957 code with a newer version that reflects concern over a
tional rights against self-incrimination. In Gardner, a police wider range of issues.
officer refused to answer questions from a grand jury on the Among the issues covered in the 1989 code of ethics are
grounds that the answers might incriminate him. The depart- (1) the responsibilities of police officers, (2) the performance
ment fired the officer, but the Court held that this termination of police duties, (3) discretion, (4) use of force, (5) confi-
was unconstitutional. A number of other pertinent decisions dentiality, (6) integrity, (7) cooperation with other agencies,
have been handed down over the years, but most are beyond the (8) personal and professional responsibilities, and (9) pri-
scope of this introductory text. vate life. For example, with respect to an officer’s private
life, the code states, “Police officers will behave in a manner
Police Officers’ Bill of Rights that does not bring discredit to their agencies or themselves.”
To reduce the temptation for internal investigators to proceed With respect to use of force, the code states, “A police officer
against police employees in an insensitive fashion, some police will never employ unnecessary force or violence and will use
agencies have formally adopted a statement of the rights of only such force in the discharge of duty as is reasonable in all
police officers who are accused of misconduct. Sometimes circumstances.”70
such conditions are contained in labor contracts; other times
they are mandated by law. The typical police officers’ bill of
Sentinel Event Reviews
rights requires advanced notice to an officer who is being inves-
tigated, spells out procedures for resolving complaints that A sentinel event is defined as a negative outcome that:
maintain due process protections, and limits the lengths to • signals underlying weaknesses in the system or process
which an agency can go to secure information through interro- • is likely the result of compound errors, [and]
gation and investigations.
Although the individual components of this list can be • may provide, if properly analyzed and addressed, impor-
debated, fairness requires that officers deserve reasonable pro- tant keys to strengthening the system and preventing future
tection from inappropriate investigative practices. Procedures adverse events or outcomes.71
for ensuring that officers receive fair and appropriate treatment Examples could include a “near miss,” a wrongful convic-
at the hands of specialized internal affairs investigators and their tion, the unintentional early release of a dangerous inmate, or
supervisors should be observed in the investigative process. an excess build-up of unresolved cold cases. As the National
Several states have adopted bills of rights for police offi- Institute of Justice puts it, “. . . anything that stakeholders can
cers,65 beginning with Florida in 1974. Supporters of such leg- agree should not happen again could be considered a sentinel
islation argue that “the bill of rights merely ensures [that] the event.”72
officer under investigation knows the subject of the investiga- When things go wrong, our gut reaction is to blame some-
tion and is afforded rights and protections against certain inter- one or identify a specific error that needs “fixing.” Sentinel
rogation techniques subject to abuse.”66 Critics claim that “the events, however, are often the result of several factors, and
basic premises of such legislation only confound an already rarely is a single individual responsible. Think about air
complex area of public police without substantially improving disasters, for example. Rarely do plane crashes result from
police labor–management relations.”67 one person’s actions or inaction. The vast majority of the time
they are “system errors,” or “organizational accidents.” There
may be several people involved, but to complicate matters,
Codes of Ethics equipment could malfunction and even chance could enter
Another mechanism for promoting accountability from within the equation.
the law enforcement agency is a code of ethics, a statement of A sentinel event review, therefore, is a procedure designed
principles concerning the behavior of those who subscribe to to “take stock” of something that went wrong in order to pre-
the code. According to Joycelyn Pollock,68 a leading police vent it in the future. It “. . . brings together all of the system’s
ethicist, these codes consist of several standard elements: stakeholders (law enforcement, crime laboratory personnel,
“legality (enforcing and upholding the law), service (protecting prosecutors, defense lawyers, judges, corrections officials, vic-
and serving the public), honesty and integrity (telling the truth, tim advocates, and others, depending on the event) to review
being honest in action), loyalty (to other police officers), and the event and determine—through a deliberative, transparent,
the Golden Rule (treating people with respect or the way one nonblaming process—how and why it happened and what can
would like to be treated).”69 be done to prevent a similar outcome in the future.”73
Accountability from the Inside 197

THE CASE
A Record-Keeping Mistake
Deputy Mark Anderson learned that Bennie Dean Herring, a man
who was no stranger to law enforcement, drove to the Coffee
County (Alabama) Sheriff’s Department to retrieve an item from
his impounded truck. Anderson asked the warrant clerk to check
for any outstanding arrest warrants against Herring. When she
found none, Anderson asked her to check with her counterpart in
Moodboard/Alamy Stock Photo

neighboring Dale County. Indeed, there was an outstanding arrest
warrant for Herring in Dale County. Anderson and another deputy
then followed Herring as he left the impound lot, stopped him, and
arrested him. A search of Herring revealed methamphetamine in
his pocket. The deputies also found a pistol in the vehicle.
The arrest in this case seemed like a slam dunk. However,
unknown to the officers, the Dale County arrest warrant had
been recalled several months earlier. Apparently, the computer
database had not been updated. In other words, there really
was no Dale County arrest warrant for Herring. With no arrest admissible against Herring at trial. The case went all the way to
warrant and assuming that there was no other reason for the the U.S. Supreme Court, which held that the deputies made an
deputies to stop Herring, a question arose as to whether the honest mistake and that the evidence against Herring should
contraband found during the arrest should have been have been admissible in court.74
This case raises several questions:

1. Do you agree with the Supreme Court’s decision in this case? Why or why not?
2. Is the exclusionary rule an adequate remedy for unconstitutional police conduct?
3. What exclusionary rule exception is most applicable in this case, and why?

C hapter 1 1 Civil Liability and Accountability
Learning Identify the two main avenues for civil theory of liability Reasons offered as to why a particular person or other
Outcomes litigation against police officers. entity should be held answerable under law for some action.
1 Police can be held liable for monetary and Bivens v. Six Unknown Named Agents The 1971 U.S. Supreme Court rul-
other damages under (1) 42 U.S.C. Section ing that held that federal law enforcement officers can be sued for Fourth
1983 and (2) state tort law. For a Section 1983 lawsuit to Amendment violations. The decision has since been expanded to include
succeed, the plaintiff must show that the defendant acted liability for violations of constitutional rights embodied in other relevant
under color of law and violated an applicable constitutional amendments.
provision. Defenses to Section 1983 liability include abso- absolute immunity Protection from lawsuits enjoyed by federal officials
lute and qualified immunity. Common state tort claims when acting in their official capacities.
against police include intentional and negligent miscon- qualified immunity A liability defense that shields a police officer who
duct. There are several defenses to state tort liability, has acted in an objectively reasonable fashion as long as he or she did
including the public-duty doctrine, contributory negligence, not violate clearly established rights that a reasonable person would have
comparative negligence, assumption of risk, and sudden known. Qualified immunity is an outgrowth of various U.S. Supreme Court
peril. decisions.
1. What are the two main avenues available to aggrieved objective reasonableness A standard, used to determine whether quali-
parties seeking to sue for police civil liability? fied immunity applies, that looks at how a reasonable person would have
2. What is a Section 1983 lawsuit? Who can be targeted acted under a given set of circumstances.
by such suits? state tort liability An important avenue of redress for plaintiffs whose
minor injuries, allegedly resulting from negligent acts or misconduct by the
3. What is meant by absolute immunity? Are law enforce- police, are not serious enough to make Section 1983 litigation a viable
ment officers protected in the performance of their option.
duties by the concept of absolute immunity? Why or
why not? intentional tort An action that is highly likely to cause injury or damage.
negligence tort A liability claim that must demonstrate that a legal duty
4. What are some of the defenses against civil liability existed between the officer and the plaintiff, that a breach of that duty
that law enforcement officers and their supervisors and occurred, that a proximate (direct) causation between the officer’s actions
departments might employ? How can civil liability pro- and the alleged harm resulted, and that actual damage or injury occurred.
mote accountability?
public-duty doctrine A doctrine stating that police protection (like any
other government function) is owed to the general public, not to individu-
damages Monetary compensation awarded to the plaintiff in a successful als. Police officers have used the public-duty doctrine as a liability
civil lawsuit. defense.
injunctive relief A court order to bring injurious or offensive action to a contributory negligence A liability defense that holds that if an officer
halt. can show that the plaintiff or someone else was also negligent in an
42 U.S.C. Section 1983 The federal statute that provides a remedy in event, the officer should not be held liable. Contributory negligence can
federal court for the “deprivation of any rights . . . secured by the Constitu- arise not only from the actions of a criminal suspect but also from the
tion and laws” of the United States. actions of third parties.
color of law The condition that exists when an individual acts in an offi- comparative negligence A partial defense against state tort liability that
cial government capacity and with the appearance of legal power. Police examines who is to blame and assigns liability accordingly.
officers, mayors, and a number of other government officials perform their assumption of risk A defense against state tort liability that provides that
duties under color of law. if a plaintiff voluntarily engaged in a dangerous activity that led to his or
constitutional rights violation Conduct that violates a specific constitu- her injury, then the police officer should not be held liable.
tional provision. sudden peril A defense against state tort liability that is used for cases
culpability The state of deserving blame or being morally or legally in which police officers were required to make split-second decisions.
responsible. Under the Section 1983 culpability requirement, plaintiffs
generally must prove that the defendant officer intended for the violation
to occur.
Learning Explain the different types of external Citizen oversight refers to the oversight of police actions
Outcomes accountability measures put in place to and the investigation of complaints by nonsworn person-
2 check police misconduct. nel. Citizen complaints promote accountability, but the fate
External mechanisms for promoting police of a complaint depends on who files it. Police agencies,
accountability in addition to civil liability include citizen like universities, seek accreditation to demonstrate that
oversight, citizen complaint procedures, agency accredita- they meet critical professional standards. The exclusionary
tion, the exclusionary rule, and criminal prosecution. rule requires that evidence obtained in violation of the U.S.

Constitution be inadmissible in a criminal trial. The rule civilian monitor A model of civilian oversight of a police agency that is
has been expanded with the fruit of the poisonous tree similar to an ombudsman approach in which complaints are received by
doctrine. There are several arguments for and against the the police department and the process, from beginning to end, is moni-
exclusionary rule. Ultimately, however, it is rarely applied. tored by civilians.
Police officers, like ordinary citizens, can be held criminally citizen complaint A document filed by someone who believes that he or
liable for egregious misconduct. she has been wronged by one or more police officers in a department.
1. What is meant by law enforcement agency accreditation? accreditation Certification for having met all applicable requirements put
What is the accrediting agency? How does law enforce- in place by an accrediting body.
ment accreditation promote police accountability? exclusionary rule A rule mandating that evidence obtained in violation of
2. What is the exclusionary rule? How does it promote the U.S. Constitution cannot be admitted in a criminal trial. The exclusion-
police accountability? ary rule is an important mechanism for ensuring the accountability of
police officials.
3. What mechanisms are involved in civilian oversight of
the police? fruit of the poisonous tree doctrine An expansion of the scope of the
exclusionary rule that requires the exclusion of any secondary evidence
4. What is involved in the process of civilian review? (such as a confession) that derives from evidence originally obtained in
violation of the U.S. Constitution.
civilian review One of the stronger models of citizen oversight of a police 18 U.S.C.A. Section 242 The most common federal statute used to hold
agency in which a group of citizens investigates complaints against the police officers criminally liable.
police, adjudicates the complaints, and recommends punishment. public-duty defense A legal defense that shields a police officer from
civilian input A model of civilian oversight of a police agency in which criminal liability in situations in which he or she is legally performing an
civilians receive and investigate complaints, but the next steps are taken assigned or implied public duty and engages in a necessary and reason-
by the police department. able action that, for ordinary citizens, would be considered a crime.
Learning Discuss procedures for promoting 3. Why would officers want to work in the internal affairs
Outcomes accountability from within police agencies. division?
3 Accountability from inside police agencies is 4. Can the sentinel event review process really be non-
promoted via internal affairs divisions and pro- blaming? Why or why not?
fessional codes of ethics. Internal affairs refers to either a 5. Identify at least one law enforcement-related code of
division within a police agency or one or more officers who ethics. How seriously do police officers take codes of
are tasked with investigating allegations of misconduct. ethics?
The targets of internal affairs investigations enjoy a num-
ber of protections today. Sentinel event reviews help offi-
cials identify system breakdowns and prevent future internal affairs An investigative agency within a police department that is
problems. Codes of ethics encourage officers to abide by tasked with investigating allegations of misconduct or criminality by mem-
various professional standards. bers of the department.
1. How do police agencies promote accountability from police officers’ bill of rights A police agency’s formal statement of the
within? rights of officers who are accused of misconduct.
code of ethics A statement of principles concerning the behavior of those
2. What is the role of the internal affairs division in police
who subscribe to the code.
departments?
References
1 Mullenix v. Luna, 77 U. S. ____ (2015). mental state matters,” Crime and Delinquency, vol. 47
2 Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982), (2001), pp. 28–59.
p. 937. 6 See, e.g., City of Canton v. Harris, 489 U.S. 378 (1989).
3 Michael S. Vaughn and Lisa F. Coomes, “Police civil lia- 7 See, e.g., Monell v. Department of Social Services, 436
bility under Section 1983: When do police officers act U.S. 658 (1978).
under color of law,” Journal of Criminal Justice, vol. 23 8 Bivens v. Six Unknown Named Agents, 403 U.S. 388
(1995), pp. 395–415, quote on p. 409. (1971).
4 Daniels v. Williams, 474 U.S. 327 (1986), p. 330. 9 See, e.g., Davis v. Passman, 442 U.S. 228 (1979);
5 J. L. Worrall, “Culpability standards in Section 1983 liti- Sonntag v. Dooley, 650 F.2d 904 (7th Cir. 1981); Carlson v.
gation against criminal justice officials: When and why Green, 446 U.S. 14 (1980).

10 Bradley v. Fisher, 80 U.S. 335 (1871). 33 A. E. Wagner and S. H. Decker, “Evaluating citizen com-
11 Yaselli v. Goff, 275 U.S. 503 (1927). plaints against the police,” in Dunham and Alpert, Criti-
12 Butz v. Economou, 438 U.S. 478 (1978). cal issues in policing, p. 310.
13 Harlow v. Fitzgerald, 457 U.S. 800 (1982). 34 Commission on Accreditation for Law Enforcement Agen-
cies, Standards for law enforcement agencies, 5th ed.
14 See, e.g., Harlow v. Fitzgerald, 457 U.S. 800 (1982);
(Fairfax, VA: Commission on Accreditation for Law
Wood v. Strickland, 420 U.S. 308 (1975).
Enforcement Agencies, 2006), www.calea.org (accessed
15 See, e.g., Anderson v. Creighton, 483 U.S. 635 (1987); January 27, 2016). © 2006. Reprinted with permission.
Malley v. Briggs, 475 U.S. 335 (1988).
35 Ibid.
16 W. A. Kerstetter, “Who disciplines the police? Who
36 J. A. Conser and G. D. Russell, Law enforcement in the
should?,” in Police leadership in America, ed. W. Geller,
United States (Gaithersburg, MD: Aspen, 2000).
pp. 178, 188 (Chicago: American Bar Association,
1985). 37 S. J. Hill, “The significance of police credentialing,”
Police, vol. 23 (March 1999), pp. 40–42.
17 P. West, “Investigation of complaints against the police:
Summary report of a national survey,” American Journal 38 W. E. Eastman, “National accreditation: A costly,
of Police, vol. 7 (1988), pp. 101–22. unneeded make-work scheme,” in Police management
today, ed. J. Fyfe, pp. 49–54 (Washington, DC: Interna-
18 S. Walker and B. Wright, Citizen review of the police: A
tional City Managers Association,1985); J. Pearson,
national survey of the 50 largest cities (Washington, DC:
“National accreditation: A valuable management tool,” in
Police Executive Research Forum, 1995).
Fyfe, Police management today, pp. 45–48.
19 President’s Task Force on 21st Century Policing, Final
39 J. W. Bizzack and V. Delacruz, “Demystifying police
Report of the President’s Task Force on 21st Century
accreditation,” Law Enforcement News, April 30, 1994,
Policing (Washington, DC: Office of Community Oriented
pp. 8, 11.
Policing Services, 2015), p. 26.
40 Washington Association of Sheriffs and Police Chiefs,
20 A. J. Goldsmith, Complaints against the police: The trend
Accreditation program (Olympia: Washington Association
toward external review (Oxford: Clarendon Press, 1991).
of Sheriffs and Police Chiefs, 1998).
21 Kerstetter, “Who disciplines the police?”
41 Weeks v. United States, 232 U.S. 383 (1914); Mapp v.
22 A. E. Wagner and S. H. Decker, “Evaluating citizen com- Ohio, 367 U.S. 643 (1961).
plaints against the police,” in Critical issues in policing:
42 Elkins v. United States, 364 U.S. 206 (1960).
Contemporary readings, 3rd ed., eds. R. G. Dunham and
G. P. Alpert, pp. 302–18 (Prospect Heights, IL: Waveland, 43 Silverthorne Lumber Co. v. United States, 251 U.S. 385
1997); Americans for Effective Law Enforcement, Police (1920).
civilian review boards, AELE Defense Manual, Brief #82-3 44 M. Wilkey, “Why suppress evidence?,” Judicature, vol. 62
(San Francisco: Americans for Effective Law Enforce- (1978), p. 214.
ment, 1982). 45 United States v. Leon, 468 U.S. 897 (1984);
23 For more details, see http://kcmo.gov/police/office-of- Massachusetts v. Sheppard, 468 U.S. 981 (1984).
community-complaints/ (accessed January 27, 2016). 46 United States v. Leon, p. 917.
24 City of San Jose, Office of the Independent Auditor, 47 United States v. Hove, 848 F.2d 137 (9th Cir. 1988),
“Charter,” www.sanjoseca.gov/ipa (accessed January p. 139.
27, 2016). 48 United States v. Leary, 846 F.2d 592 (10th Cir. 1988),
25 S. Walker and V. W. Bumphus, Civilian review of the p. 607.
police: A national survey of the 50 largest cities (Omaha: 49 United States v. Leon, p. 956.
University of Nebraska at Omaha, 1991).
50 Arizona v. Evans, 514 U.S. 1 (1995).
26 S. Walker, Citizen review resource manual (Washington,
51 Ibid., p. 15.
DC: Police Executive Research Forum, 1995).
52 Screws v. United States, 325 U.S. 91 (1945).
27 Ibid.
53 United States v. Lanier, 520 U.S. 259 (1997).
28 Ibid.
54 Miller v. United States, 404 F.2d 611 (5th Cir. 1968).
29 S. Walker, Police accountability: The role of citizen over-
sight (Belmont, CA: Wadsworth, 2001). 55 Williams v. United States, 341 U.S. 97 (1951).
30 D. W. Perez, Common sense about police review 56 Lynch v. United States, 189 F.2d 476 (5th Cir. 1951).
(Philadelphia: Temple University Press, 1994). 57 M. L. Birzer, “Crimes committed by police officers,” in
31 S. Walker and B. Wright, “Varieties of citizen review: The Police misconduct, ed. M. J. Palmiotto, pp. 168–81
relationship of mission, structure, and procedures to (Upper Saddle River, NJ: Prentice Hall, 2001).
police accountability,” in Dunham and Alpert, Critical 58 Ibid.
issues in policing, p. 333. 59 M. W. Lyman, The police: An introduction (Upper Saddle
32 Ibid. River, NJ: Prentice Hall, 1999).

60 J. Douglas and J. Johnson, Official deviance 67 M. Scott, “A police officer’s bill of rights: A needed protec-
(New York: Lippincott, 1977); D. Guyot, Policing as tion for cops?,” in Sewell, Controversial issues in policing,
though people matter (Philadelphia: Temple University pp. 36–41.
Press, 1991). 68 J. M. Pollock, “Ethics in law enforcement,” in Dunham
61 D. W. Perez and W. K. Muir, “Administrative review of and Alpert, Critical issues in policing, p. 366.
alleged police brutality,” in And justice for all: Under- 69 J. Pollock and R. Becker, “Ethical dilemmas in police work,”
standing and controlling police abuse of force, eds. W. A. in Justice, crime, and ethics, eds. M. Braswell, B. McCarthy,
Geller and H. Toch, pp. 207–8 (Washington, DC: Police and B. McCarthy, pp. 83–103 (Cincinnati: Anderson, 1996).
Executive Research Forum, 1995). 70 L. K. Gaines, V. E. Kappeler, and J. B. Vaughn, Policing in
62 J. Angell, “The adequacy of the internal processing of cit- America, 3rd ed., pp. 344–45 (Cincinnati: Anderson, 1999).
izen complaints by police departments” (master’s thesis, 71 National Institute of Justice, NIJ’s sentinel events initia-
Michigan State University, 1966). tive, http://nij.gov/topics/justice-system/pages/
63 Garrity v. New Jersey, 385 U.S. 483 (1967). sentinel-events.aspx (accessed January 27, 2016).
64 Gardner v. Broderick, 392 U.S. 273 (1967). 72 National Institute of Justice, Mending justice: Sentinel
65 M. Chiuchiolo, “The law enforcement officer’s bill of event reviews (Washington, DC: National Institute of Jus-
rights: Panacea or problem?,” Police Chief, vol. 68 tice, 2014), p. 4.
(1981), pp. 70–72. 73 National Institute of Justice, Testing a concept and beyond:
66 H. Johnson, “A police officer’s bill of rights: A needed Can the criminal justice system adopt a nonblaming
protection for cops?,” in Controversial issues in polic- practice?, http://www.nij.gov/journals/276/Pages/
ing, ed. J. D. Sewell, p. 42 (Boston: Allyn and Bacon, sentinel-events.aspx (accessed January 27, 2016).
1999). 74 Herring v. United States, 555 U.S. 135 (2009).

12
Deviance, Ethics, and
Professionalism
1
Discuss how various commissions established to
examine police misconduct in the United States have
uncovered deviance.
2 Identify several typologies of police deviance that

scholars have proposed.
3 Discuss explanations for police deviance, its

incidence, and methods of controlling it.
Sean Murphy/Stone/Getty Images
203
Intro The Abuse of Police Power
In 2015, former Oklahoma City police lieutenant Daniel
Holtzclaw was convicted of 18 counts of rape and sen-
tenced to 263 years in prison.1 The charges against
Holtzclaw included four counts of first-degree felony rape
and two counts of forcible oral sodomy. All of Holtzclaw’s
victims were black women with criminal records, and
many of them were drug offenders. Holtzclaw was
emboldened by the fact that he believed that the women
would be too afraid to say anything about the assaults.
Holtzclaw’s victims ranged in age from 17 to 58, and
Sue Ogrocki/Pool/Pi/ZUMA Press/Newscom

included a 57-year-old grandmother. Twelve of the victim-
ized women said they were too afraid to report the
attacks and thought that no one would believe that they
had been sexually assaulted by a police officer. While it’s
clear that Holtzclaw’s crimes reflect badly on the police
profession, the situation was complicated by the fact
that internal affairs officers apparently ignored a claim
by a woman in 2013 that she had been groped and
kidnapped by Holtzclaw in his police vehicle. The woman
had been leaving the hospital where her daughter was
receiving cancer treatments, when she was grabbed by
the former officer and made to perform sex acts on him.
She was eventually released—dropped off at the hospi-
tal that she had been leaving when Holtzclaw forced her
into his vehicle. Although she reported the incident to
hospital employees who called the police, she never
heard from investigators.
▶ Discovering Deviance
With the enormous power afforded to law enforcement officials or accepted behavior. Police deviance thus refers to police
comes the potential for abuse of that power. As in any job, when behavior that is not regarded as appropriate by those in a posi-
employees are given a large tion to make such determinations. Usually, this means training
Learning Discuss how various amount of autonomy, coupled authorities, supervisors, the authors of professional standards,
Outcomes commissions
1 established to examine with a significant degree of and the like, but it also means members of the wider soci-
police misconduct in control over others, it is not ety. Viewed in this way, police deviance can take a number
the United States have surprising that some will step of forms. It can range from the most flagrant physical abuses
uncovered deviance. outside the bounds of accept- to seemingly innocuous behaviors that probably wouldn’t
able conduct. Police training, catch the eye of any but the most ardent police critics. Varying
supervision, professionalism, ethical standards, and legal con- degrees of deviance and corruption have characterized soci-
straints may deter some inappropriate behavior, but even the eties everywhere and are certainly not new. Criminal justice
most effective controls do not work all the time or for all historian Samuel Walker describes police corruption during
officers. the eighteenth century:
When talk of police improprieties comes up, the term cor-
ruption inevitably surfaces. Corruption can be defined as dis- With few books and even less legal training available,
honest or fraudulent conduct by public officials in a position many constables and justices of the peace simply did
of power: “Police officers act corruptly when, in exercising not know the law. Corruption was also a problem, as
or failing to exercise their authority, they act with the primary officials gave favored treatment to friends, relatives,
intention of furthering private or departmental/divisional and influential people. . . . [There were] also accounts
advantage.”2 of sheriffs and constables taking bribes to release pris-
Corruption, though, is but one example of improper con- oners or fix juries and assaulting citizens without any
duct. Perhaps a better term to apply to the material discussed cause. In short, police corruption and brutality
in this chapter is deviance. Deviance is a broad term that appeared at the very outset of American criminal jus-
applies to any behavior that is at odds with socially expected tice history.3
204 Chapter 12 Deviance, Ethics, and Professionalism

Other historians have remarked that not only did early urban published by the New York Times that reported widespread cor-
police protect the criminal element, but they practically encour- ruption in the New York City Police Department (NYPD).
aged crime: Judge Whitman Knapp was appointed to chair the commission
and investigate the extent to which the New York Times accu-
The police did not suppress vice; they licensed it. From
rately portrayed the behaviors of the department.
New York . . . to San Francisco, and from Chicago . . . to
The Knapp Commission’s reference to grass- and meat-
New Orleans . . . they permitted gamblers, prostitutes,
eating corruption (as noted in Figure 12–1) has since been
and saloon keepers to do business under certain well-
expanded to include other types of police behaviors. Police
understood conditions. These entrepreneurs were
expert Tom Barker, for example, expanded the commission’s
required to make regular payoffs [to the police].4
typology.6 White knights, he argued, are the honest and upstand-
ing officers who never step over the line between accepted and
The Wickersham Commission deviant conduct, no matter how great the pressure. Straight
shooters are officers who, for the most part, are honest but will
As patterns of misconduct were being revealed and policing overlook some of the misconduct committed by their peers. Next
entered the professional era, accounts of police deviance are the grass eaters and meat eaters identified by the Knapp
became even more common. This was partly due to the work of Commission. Finally, rogues are the most seriously deviant offi-
various crime commissions. The first of these to tackle the issue cers, according to Barker. In 2005, for example, a federal grand
of improper police conduct was the 1929 Wickersham Com- jury in Brooklyn indicted retired NYPD officers Stephen
mission (known officially as the National Commission on Law Caracappa and Louis Eppolito, saying that in the 1980s, the two
Observance and Enforcement) (see Figure 12–1). had routinely passed confidential law enforcement information
One of the Wickersham report’s authors, Walter Pollak, went to members of organized crime and had worked as hit men for the
on to argue successfully for the defense in 1932 in Powell v. mob, killing rival gangsters.7 Even meat eaters view rouges, who
Alabama,5 in which the U.S. Supreme Court held that a defendant engage in serious criminal activity, as extraordinarily corrupt.
facing the death penalty is entitled to an attorney at trial. Powell
arose from the famous Scottsboro case, in which eight African-
American youths in Alabama were convicted of raping two white
women and sentenced to die—without the assistance of counsel. ▶ Typologies of Deviance
This and some other successful cases that Pollak argued pointed The Wickersham and Knapp crime commissions uncovered
to examples of questionable police conduct, shaky evidence, race several varieties of police deviance. Since then, still other cor-
discrimination, and other police misconduct. rupt and deviant practices
have come to light. This has Learning Identify several
Outcomes typologies of police
prompted researchers to clas-
The Knapp Commission sify, or construct typologies 2 deviance that scholars
The formation of the Knapp Commission in 1970 marked of, police deviance. There are have proposed.
another significant milestone in the investigation of police devi- several such noteworthy
ance. It was established in May of that year under the auspices efforts. We begin with one of the better-known typologies and
of Mayor John V. Lindsay of New York in response to an article then consider some others. The last part of this section looks at
other forms of police deviance
Wickersham that do not fit neatly into any one
1929: first commission to tackle the issue of improper police category or set of categories.
Commission conduct. Its report, Lawlessness in Law Enforcement, provided a
blistering critique of police corruption around the country. Its
authors found that the “third degree,” or “the inflicting of pain,
physical or mental, to extract confessions or statements,” was
The Dark Side of
“extensively practiced across the country.”i Policing
Victor Kappeler, Richard
Knapp 1970: Report identified two types of corrupt police officers: grass
Sluder, and Geoffrey Alpert’s
Commission eaters and meat eaters. Grass eaters are the police officers who popular book Forces of Devi-
accept small gifts and engage in minor deviance, mostly in ance: Understanding the Dark
response to peer pressure. Meat eaters are the officers who actively Side of Policing8 identifies four
seek out opportunities to exploit their positions, in a proactive and types of police deviance: police
planned fashion, and who may be involved in large-scale and crime, occupational deviance,
far-reaching corrupt activities. The difficulty facing police reformers police corruption, and abuse of
is that while meat-eating corruption is much more serious, authority (Figure 12–2). Each
grass-eating corruption is far more commonplace.
is discussed in this section.
The order in which they appear
National Commission on Law Observance and Enforcement, Report on lawlessness in law is not intended to suggest that
enforcement (1931; repr., Montclair, NJ: Patterson Smith, 1968), p. 4.
one is any more serious than
FIGURE 12–1 Police Deviance and Corruption. the other.

Police Crime police officer, and it can include
much more than just deviance for
Officer uses official police powers to engage in criminal conduct. personal gain. Occupational devi-
Examples: entering private property with no legitimate reason, unjustifiable ance is perhaps the most intractable
homicide. problem for police administrators
because it’s common, it’s difficult
to detect, and it does not always rise
Occupational Deviance to the level of a criminal offense.
Using one’s position for personal gain. Police Corruption

Examples: committing theft from the evidence locker to helping a friend get a Remember that our definition
speeding ticket removed from his or her driving record of deviance includes corruption.
Knowing that, it should come as no
surprise that Kappeler and his
Police Corruption colleagues liken police corruption
to deviance. They defined police
Misusing police authority to receive material reward or gain. Material reward or gain corruption as the misuse of police
must be some tangible object, either cash, service, or goods that have cash value. authority for personal gain.
Example: skimming drugs from big busts
More often, the term police cor-
ruption connotes serious and even
criminal conduct committed by law
Abuse of Authority enforcement officers. Thus, to mini-
Abuse of authority is basically the catchall category for other inappropriate
mize confusion, it is useful to put
conduct that does not necessarily amount to crime, deviance, or corruption. deviance in the inappropriate but
Examples: excessive force, psychological abuse of citizens not necessarily flagrant category.
Corruption is a bit more serious,
but if corruption is for personal
FIGURE 12–2 The Dark Side of Policing. gain, then simply accepting a free
cup of coffee fits the term. Can we
logically argue that an officer who
Police Crime accepts a free cup of coffee is the same as one who routinely
skims drugs or cash from big busts? Probably not.
In Chapter 11, we discussed different mechanisms for preserv-
ing the accountability of law enforcement officials. One of those Abuse of Authority
is the criminal law. Generally, when police officers break the
Abuse of authority is basically the catchall category for other
criminal law, they do so during the course of their legitimate
inappropriate conduct that does not necessarily amount to
duties and thus cannot be prosecuted as the rest of us can.
crime, deviance, or corruption. Kappeler and his colleagues
Indeed, there are a number of so-called affirmative defenses that
identify three elements of abuse of authority:
police officers can assert that immunize them from charges of
criminal activity when they engage in activities that would be • Officers may physically abuse a citizen through the use of
considered criminal for the rest of us. These include entering excessive force.
private property without permission, using physical force to • Officers may psychologically abuse a citizen through the
complete an arrest, and even shooting a person. This is what use of verbal assault, harassment, or ridicule.
Kappeler and his colleagues meant by police crime. They
• Officers may violate a citizen’s constitutional, federal, or
defined police crime as an “officer’s use of the official powers of
9 state rights.11
his or her job to engage in criminal conduct.” Researchers have
uncovered several examples of police criminal behavior.10 Physical abuse and brutality are arguably the most seri-
ous forms of police misconduct, but they can also overlap with
some of the other behaviors we have already discussed. Police
Occupational Deviance crime, for example, can contain physical elements. If a police
Occupational deviance refers to behavior that either does not officer wrongfully (and intentionally) kills someone, then what
conform to accepted standards of conduct or is not part of nor- we have is police crime and abuse of authority all wrapped up
mal patrol work and is committed under the guise of police in a single case. Given the serious nature of physical force and,
authority. Almost anyone can engage in occupational deviance. particularly, abuses of it, we return to this topic in Chapter 13.
Consider embezzlement, an offense that nearly anyone can
commit during the course of legitimate employment. Embez-
zlement is basically theft without a trespassory element. The Classifying Corruption
occupational deviance Kappeler and his colleagues refer to, Some researchers have been content to use the term corruption
however, is behavior that is facilitated by virtue of serving as a to refer to all manner of police misconduct. For example, in his

popular book Conduct Unbecoming: The Social Construction or guns, officers will falsely claim in police reports
of Police Deviance and Control,12 Maurice Punch identifies and under oath that the car ran a red light (or commit-
four categories of behavior that he considers to be corruption: ted some other traffic violation) and that they subse-
straightforward corruption, predatory corruption, combative quently saw contraband in the car in plain view.
corruption, and the perversion of justice. The order in which To conceal an unlawful search of an individual who
they are presented in Figure 12–3 does not relate to their officers believe is carrying drugs or a gun, they
seriousness. will falsely assert that they saw a bulge in the per-
There have been many examples of police officers offering son’s pocket or saw drugs and money changing hands.
false testimony either to obtain a conviction or to satisfy venge- To justify unlawfully entering an apartment where
ful motives. Officer Mark Fuhrman’s perjured testimony during officers believe narcotics or cash can be found, they
the famous O. J. Simpson trial is one example.13 Then there pretend to have information from an unidentified
are the findings of the Mollen Commission, which investigated civilian informant or claim they saw the drugs in plain
allegations of police corruption in the NYPD during the 1990s. view after responding to the premises on a radio run.
The commission drew this conclusion about the pervasiveness To arrest people they suspect are guilty of dealing
of police perjury: drugs, they falsely assert that the defendants had
Officers reported a litany of manufactured tales. drugs in their possession when, in fact, the drugs were
For example, when officers unlawfully stop and found elsewhere where the officers had no lawful
search a vehicle because they believe it contains drugs right to be.14
If the commission’s observa-
tions seem inaccurate or trou-
Straightforward According to Punch, straightforward corruption is simply any form bling or even a little biased, then
Corruption of misconduct that provides a direct financial benefit to the officer. consider the findings from Myron
An officer who is in cahoots with organized crime figures and Orfield’s famous study of police
receives money for “looking the other way,” for example, is said to perjury.15 He interviewed pros-
engage in straightforward corruption. ecutors, judges, and defense attor-
neys and found that 52% believed
Predatory Refers to the actions of police officers who actively promote and that at least “half of the time” the
Corruption engage in criminal and other wrongful activities. For example, prosecutor “knows or has reason
instead of “looking the other way” and ignoring organized crime, the to know” that police fabricate
police are the organized criminals. Predatory corruption is arguably evidence at suppression hearings,
more serious than straightforward corruption. where judges decide whether evi-
dence should be excluded due to
Combative Combative corruption refers to making arrests, gaining convictions,
inappropriate police actions. More
Corruption and ensuring lengthy sentences at whatever the cost and may be shocking still is the finding that
among the most common forms of police misconduct. Here are more than 9 of the 10 prosecu-
several examples of combative corruption: tors surveyed had knowledge of
Flaking: Planting evidence on a suspect police perjury “at least some of
Padding: Adding evidence to strengthen a case the time.” In fairness to police offi-
against a suspect cers, Orfield’s study also revealed
Using verbals, or words, to describe and incriminate that much of the perjured testi-
a suspect
mony given by police at suppres-
Intimidating a witness
sion hearings was encouraged by
Scoring on an informant: Shaking down an informant
for money, drugs, and other items prosecutors who would often say
Burning: Revealing an informant’s identity something like, “If this happens,
Paying an informant with illegally obtained drugs we win. If this happens, we lose.”16
Perversion Consists of serious actions by a police officer, such as lying under

of Justice oath (perjury), intimidating a witness, and performing other Police Misconduct
activities that resemble combative corruption. The difference Barker has argued not only that
between the two lies in the officer’s motivations. Where combative deviance should be couched in
corruption was concerned with “doing justice” (in the police officer’s
terms of corruption but also that
view), the perversion of justice refers to acting vengefully, of using
one’s position as a police officer to exact revenge on others. There any focus on corruption should be
is, of course, some overlap between these categories. The common limited to those activities for
thread running throughout each is behavior that is at odds with which there is a monetary reward
accepted standards. for the officers.17 In Figure 12–4,
we briefly consider eight exam-
FIGURE 12–3 Four Categories of Police Corruption. ples of this form of corruption.

Corruption of Authority
Occurs when an officer agrees to accept free meals, discounts, and rewards by virtue of his or her position as a police officer. This type of corruption is
perhaps the most innocuous and does not require any significant degree of organization. An officer who receives a free cup of a coffee or a free lunch
from a restaurant owner fits into this category.
It is likely that the restaurant owner is attempting to curry favor with the police and possibly benefit from some added attention and/or surveillance
of the restaurant that other business owners in the area would not necessarily receive.
Kickbacks
Illegal payments for services performed. An example of this form of corruption hails from Illinois. In January 2001, the public safety director of Cicero,
Illinois, Emil Schullo, was indicted in a kickback scheme. He was accused of contracting out town investigative work to a private investigative firm in
exchange for kickbacks amounting to 10 percent of the contracted billings. To Schullo’s chagrin, the investigator was working with federal law
enforcement officials and tape-recorded their conversations. Surprisingly, Schullo was the ninth Cicero official to be indicted for corruption. In 2003,
Schullo was sentenced to more than nine years in prison.
Opportunistic Theft
A theft that occurs when an opportunity presents itself. Examples include theft from arrestees, crime victims, crime scenes, and unprotected
places. This type of theft can be quite lucrative.
Shakedowns
Shakedowns consist of corrupt officers demanding money, goods, or other valuables from people in exchange for lenient treatment, protection, or
some other illegitimate service. Basically, shakedowns are extortion. Shakedowns are less common today than they were in the past, so we have to
look back in time for examples. During the 1960s, for instance, Seattle police officers were paid $200 each month in exchange for protecting a gay
bathhouse called the Atlas Club.
Protecting Illegal Activities

The protection of illegal activities is not unlike a shakedown in the sense that police receive money for their services. Here, though, instead of seeking
payment for protection, they seek payment for turning a blind eye to criminal activity. It is safe to say that the police protection of criminal activity is very
much the exception these days. It was perhaps most frequent during the Prohibition era, when corrupt officers would routinely protect establishments
that continued to serve liquor. Many of these so-called speakeasies could not have operated without police protection.
Fixes
Fixes occur when police officers fix a speeding ticket or other infraction or charge—that is, remove it from someone’s record. Examples of ticket fixing are
commonplace. For example, during the late 1980s, an NYPD officer, Robert Hanes, was fired for a ticket-fixing scheme in Queens traffic court. As
recently as 2006, a police chief and city councilperson in Edwardsville, Kansas, were charged in a driving under the influence (DUI) ticket-fixing scheme.
In response to these sorts of problems, a number of states have implemented so-called no-fix laws—with varying degrees of success. Massachusetts
has had one such law in place since 1962. It requires officers to account for every ticket they issue, even the voided ones, in an effort to prevent
favoritism and unequal treatment.
Crimes
Crimes are among the most serious forms of misconduct. Opportunistic theft is, of course, a type of crime, but Barker was referring mostly to serious
criminal activity, including burglary, robbery, rape, and murder. These actions are very much the exception, as the vast majority of police officers are
law-abiding and professional, but there are numerous accounts of egregious criminal activity nevertheless.
Internal Payoffs
Refer to the “sale” of anything within a police department, from work assignments and time off to evidence and promotion. The sale of work assignments
is not particularly serious, at least not in comparison to criminal activity and other egregious forms of misconduct. In some departments, for example,
officers can sell their scheduled shifts to colleagues who are happy to earn pay for the time worked, plus a little extra. This kind of practice may raise
some ethical concerns, but it certainly is not criminal. At the other extreme, though, offering money in exchange for promotion or, worse, offering to sell
evidence, including contraband, is a serious action that can lead to dismissal and even criminal charges.
FIGURE 12–4 Types of Police Misconduct Related to Money.

For the most part, police departments, training academies, and
Other Forms of Deviance law enforcement associations discourage the practice of accept-
In addition to the deviance highlighted in Figure 12–4, there ing gratuities, mainly due to the slippery slope argument: Given
are other forms of deviance that either don’t fit neatly into the the stigma attached to the acceptance of gratuities, an officer who
categories we have already covered or overlap those catego- accepts them might feel corrupt, thus greasing the slippery slope
ries. We wrap up our introduction to various forms of police toward more serious misconduct. As Coleman puts it, “If officers
deviance by exploring each of these problems: gratuities, feel that they are already compromised, they might find it easier
police sexual misconduct, and temptations arising from the to make more significant compromises later, because they feel
illicit drug trade. that they have nothing to lose.”20 See Table 12–1 for a summary
Gratuities of the arguments for and against accepting gratuities.
Gratuities occur when officers accept something of value.
Police Sexual Misconduct
Traditional examples of gratuities include a free cup of coffee,
a free lunch, or a “police price” discount on a meal or other As the story that opened this chapter shows, the position of
service. But gratuities can extend into other realms and authority that a police officer enjoys provides ample opportu-
include everything from free admission to sporting events to nity for stepping over the line. Recently, researchers have called
lavish gifts. attention to another type of police misconduct: police sexual
A person who simply gives a gift to a police officer may misconduct, or police sexual violence.21 If we use the term
not expect anything in return, but there is always the possibil- sexual misconduct, we can identify two forms. First, there is
ity that it could appear otherwise. In other words, it just looks consensual on-the-job sex. One study from the 1970s found
bad to accept free goods and services, whether the gift is an that 32% of 43 officers surveyed in a southern police depart-
expression of someone’s genuine thanks or is given with a more ment reported having sex with women while on duty.22
sinister motive in mind. The International Association of Chiefs Other researchers have chosen to focus on what they call
of Police agrees; it considers gratuities to be unethical, but this police sexual harassment. This seems to fit somewhere between
does not stop officers from accepting them. In fact, the practice consensual encounters and violent or nonconsensual ones. One
is actually quite common. study presented this officer’s observation:
It is even a little risky to describe the acceptance of gra- You bet I get [sex] once in a while by some broad who I
tuities as a form of deviance. There are arguments for and arrest. Lots of times you can just hint that if you are taken
against the practice. Stephen Coleman, a police ethics expert, care of, you could forget about what they did. One of the
has offered a series of arguments against the acceptance of department stores here doesn’t like to prosecute. . . .
gratuities:18 If it’s a decent looking woman, sometimes I’ll offer to
• The slippery slope to corruption: . . . It could be argued take her home and make my pitch. Some of the snooty,
that although there seems to be a big difference between high class broads turn on real quick if they think their
accepting a cup of coffee and accepting a six-figure bribe friends and the old man doesn’t have to find out about
to look the other way while a murder is carried out, this is their shoplifting.23
not really the case. For there is a logical slippery slope Both of these studies were conducted some years ago, but it
here, given that there is only a small difference between is a safe bet that neither of these forms of sexual misconduct has
accepting a cup of coffee, and accepting a cup of coffee vanished from the law enforcement landscape. This chapter’s
and a doughnut, and only a small difference between opening store offers proof! More disturbing still are nonconsen-
accepting a cup of coffee and a doughnut, and accepting sual, sometimes violent attacks by police officers. These are not
a free meal. . . . only inappropriate but also potentially criminal.
• The democratic ethos of policing: Given that, in a democ- Pete Kraska and Victor Kappeler, who authored perhaps the
racy, public services should be equally available to all, most comprehensive study of police sexual violence, defined
allowing a fee-for-service system for policing would be the problem as “those situations in which a female citizen expe-
“anti-democratic.” riences a sexually degrading, humiliating, violating, damaging,
or threatening act committed by a police officer through the use
• The public perception: A public perception that police of force or police authority.”24 They went on to develop a “con-
are corrupt, whether or not true, will have a deleterious tinuum of sexual violence.” It begins with “unobtrusive behav-
effect on police performance. To avoid this problem, ior,” such as watching victims, viewing private photographs
police need to avoid even the appearance of or videos, and otherwise invading a citizen’s privacy. Next,
corruptibility.19 “obtrusive behavior” consists of custodial strip searches, cavity
There are, of course, two sides to every story. Coleman goes searches, deception to gain sexual favors, and similar actions.
on to call attention to some reasons why police should accept Finally, “criminal behavior” is just that: harassment, involun-
freebies. One is that they are the building blocks of positive tary sexual contact, sexual assault, and even rape. While most
relationships. Second, some people draw on police services sexual victimization by police may be of women, the sexual
more than others. Why shouldn’t they be allowed to tip those abuse of power by policewomen has yet to be explored.
who serve them? It happens elsewhere in the service sector, How common is police sexual violence? Kraska and Kappeler
some would say, so why not in public service? examined news sources from January 1991 to June 1993

TABLE 12–1 Arguments For and Against Accepting Gratuities
Arguments in Support of Acceptance
Appreciation It’s natural and reasonable to show appreciation to those providing a public service. It’s rude to refuse.
Not significant Gratuities are not significant enough to buy or cultivate favors.
Officially offered When offered officially by a company or corporation, no personal sense of obligation can develop.
Links with the community It’s part and parcel of fostering close links with the community, including businesspeople. In turn, it’s a
fundamental of “good policing.”
Police culture It’s an entrenched part of police culture. Any attempt to end it will result in displeasure and cynicism.
Trust and discretion Attempts to prohibit acceptance imply that officers cannot be trusted to exercise discretion and are
incapable of making sensible moral judgments to guide their behavior.
Arguments against Acceptance
Sense of obligation Even the smallest gift inevitably creates a sense of obligation if it becomes regularized.
“Slippery slope” Gratuities lead to a “slippery slope” where the temptations become imperceptibly greater and refusal
increasingly difficult.
Remove temptation Not all officers can exercise proper judgment on what is reasonable to accept. It’s more sensible for the
organization to remove the temptation altogether.
Purchase preferential treatment Businesses that offer gratuities are, in essence, seeking to purchase preferential treatment (for example,
encourage greater police presence in the vicinity of their business).
Source: T. Newburn, Understanding and Preventing Police Corruption: Lessons from the Literature (London: Home Office, Policing and Reducing Crime Unit, 1999),
p. 10. Reproduced under the terms of the Open Government License.
and identified 124 cases.25 Most of the cases were actual court person possessing the drugs; taking the profits of drug
cases, not just news accounts. Ninety-one of the cases were from dealers’ sales or their drugs for resale; extorting drug
the federal courts. Nine of these involved “unobtrusive” behav- traffickers for money or property in exchange for nonar-
iors, 67 involved “obtrusive” behavior, and 1 5 were criminal.26 rest or nonseizure of drugs.”28
The vast majority of the court cases involved allegations of Type II drug corruption. This “involves the officer’s
improper strip searches, but there were a few violations of pri- search for legitimate gains and may not even be uni-
vacy, sexual assaults, and rapes as well. versally perceived as being corrupt. ‘Gain’ may involve
organizational benefit—perhaps a form of ‘winning’
Drug War Temptations or ‘revenge.’ Included are such actions as giving false
Before the start of the “war on drugs” in the 1960s, police devi- statements to obtain arrest or search warrants against
ance was connected mostly with the protection of illegal gam- suspected or known drug dealers; perjury during hear-
bling, prostitution, and other vice crimes. Officers were not ings and trials of drug dealers; ‘planting,’ or creating
faced with too many overt temptations to break the law. Since evidence against known drug dealers; entrapment; and
this country has sought to eradicate illicit drug use, however, falsely spreading rumors that a dealer is a police infor-
those temptations have become quite pronounced. mant in order to endanger that person.”29
Michigan State University police expert David Carter has Victor Kappeler and his colleagues have come up with their
identified two types of drug-related police corruption, both of own classification scheme for drug-related police corruption. It
which he says “have notably increased” in recent years.27 includes use corruption, economic corruption, police violence,
Type I drug corruption. This “occurs when an officer and subjugation of defendants’ rights. Use corruption refers
seeks to use his or her position simply for personal gain. to the personal use of illicit drugs. Two researchers found, for
This type of drug corruption includes the following: example, that 20% of the officers they surveyed reported using
giving information to drug dealers about investigations, marijuana on duty.30 Economic corruption is like Carter’s Type I
names of informants, planned raids, and so forth; acce corruption cited above: Officers seek personal gain by steal-
pting bribes from drug dealers in exchange for nonar- ing drugs, selling drugs, or extorting money from drug dealers.
rest, evidence tampering, or perjury; theft of drugs from Police violence involves the use of improper physical force to
the police property room for personal consumption; extract confessions. Finally, the subjugation of defendants’ rights
‘seizure’ of drugs for personal use without arresting the refers to committing perjury or telling other lies or fabricating

evidence in an attempt to secure drug convictions. The latter of been the focus of negative publicity because of some scandal or
these has also been called noble-cause corruption,31 which has abuse committed by officers within the agency. The Rampart
been defined as any corruption that occurs in connection with Division scandal, however, promptly became one of the most
the goal of getting criminals off the streets and protecting the significant scandals in the department’s history, if not the big-
community. gest scandal in the history of law enforcement.
The Rampart Division scandal revealed a series of prob-
lems that should interest police administrators who are intent
Examples of Police Deviance on maintaining the integrity of their agencies. First, the scandal
Police deviance, especially crime, is very much the exception, showed that it is difficult to ensure accountability in large police
as we have said repeatedly. Even so, it would be impossible to departments. Total supervision is difficult if not impossible in
detail all or even several of the more high-profile examples of departments that are both large and spread across a substantial
police stepping over the line. What follows are two of the most geographical area, as is definitely the case with the LAPD. Sec-
high-profile examples of police corruption in history; few ond, Rampart also revealed what can happen when administra-
recent events have come close to the egregious misconduct in tors fail to take significant steps to tackle police corruption.
these cases. The events that set the Rampart Division scandal into
motion began as early as 1997. On November 6 of that year,
The Miami Police Department three suspects robbed a Los Angeles branch of Bank of
Corruption in the Miami Police Department has received wide- America. The investigation into the robbery led to the arrest of
spread attention. In the 1980s, seven officers known as the West Los Angeles area officer David Mack. A second incident
Miami River Cops were indicted for several criminal acts. They on February 26, 1998, involved the false imprisonment and
began by stealing cash from motorists stopped for traffic viola- beating of a handcuffed arrestee at the Rampart substation. The
tions, and they worked their way up to major thefts. Informants officer responsible for the beating of the suspect was a Rampart
would alert the officers to the whereabouts of large drug caches, Division CRASH (Community Resources Against Street Hood-
and they would steal the drugs instead of arresting the dealers. lums, the LAPD’s elite street crime enforcement unit) officer by
A jury deadlocked in their first criminal trial. After that, more the name of Brian Hewitt. Two other CRASH officers admitted
officers were suspected of being involved, and ultimately 19 of being involved in the beating.
them, all of whom were Hispanic, were convicted. On March 2, 1998, six pounds of cocaine were checked
What made the River Cops scandal so notorious? It was out from a property room at LAPD headquarters, supposedly
audacity and seriousness of the acts these cops engaged in. to be used as evidence in a trial. When the cocaine was not
They were charged with everything from theft to murder, but returned to the property room, police officials initiated an inter-
stealing from drug dealers was their bread and butter: nal investigation on March 27 to ascertain its whereabouts.
On August 25, Rampart Division Officer Rafael A. Perez was
[I]n September, 1984, K-9 Officer Rodolfo “Rudy” arrested on suspicion of stealing the cocaine.
Arias, acting on a tip from a major drug trafficker The investigations of all three incidents revealed that the
named Luis Rodriguez, stopped and searched a vehicle. suspect officers were associated with one another. They either
Inside, Arias found a small amount of cocaine and worked as partners or were close friends. Hewitt and Perez were
$16,000 in cash, which never made it to the MPD evi- assigned to the Rampart Division, and Mack had previously
dence lock-up. A month later, Arias and two other River been assigned to the division. This established a clear connec-
Cops, Armando Lopez and Felix Beruvides, raided a tion between the three officers. This information led then-Chief
poker game in Little Havana, where they seized $3,500 Bernard Parks to launch a special criminal task force in May
in cash. In April of 1985, Officers Coello and Garcia 1998 to further investigate the incidents.
stopped motorist Menelao Estevez, who was carrying Ultimately, the CRASH unit officers involved in the beating
$11,000 in cash. The officers arrested Estevez for carry- at the Rampart substation were terminated, and Mack was con-
ing an unregistered gun, and at booking Estevez was victed in federal court of bank robbery. Perez was prosecuted
given a receipt for about half of the money.32 on drug charges, but his first trial resulted in a hung jury on
Allegations of misconduct at the Miami Police Department December 23, 1998.
were by no means limited to the River Cops. The U.S. attor- Nothing else of note occurred (or at least became publicized)
ney for the Southern District of Florida noted in 1987 that “the until September 8, 1999, when, during jury selection for his sec-
Miami Police Department has an extraordinarily serious prob- ond trial, Perez pled guilty to stealing eight pounds of cocaine
lem, equal or surpassing anything I’ve seen anywhere. Unfortu- from LAPD storage facilities. He then entered into a confidential
nately, our probe is mushrooming and we could end up with the plea agreement to receive a reduced sentence on the drug charges
largest police corruption case in United States history.”33 in exchange for identifying other Rampart Division police officers
involved in illegal activities. This agreement marked the begin-
The Los Angeles Police Department ning of the public exposure of the Rampart Division scandal.
Nowhere has police corruption and deviance been more appar- On September 15, 1999, the first public airing of the scan-
ent than in the infamous scandal that unfolded a few years ago dal, LAPD Chief Bernard Parks called a press conference dur-
in the Los Angeles Police Department’s (LAPD’s) Rampart ing which he announced that Perez had implicated himself and
Division. It seems, given its size, that the LAPD has always another Rampart officer in the shooting of an unarmed man.

Parks went on to state that 12 officers had Rotten Apple Theory Environmental Factors
been either placed on leave or fired in con-
nection with covering up the shooting. Police deviance caused by a few individuals Some officers become deviant as a result of
On September 16, 1999, Javier Francisco who should not have become police officers either a corrupt political environment or the
Ovando, the unarmed man who was shot and whose propensity toward corruption was socialization process.
and framed for assaulting the two officers, not recognized during the recruitment and
was freed from prison after serving three hiring phases.
years of a lengthy term. At that point, the
Federal Bureau of Investigation began an FIGURE 12–5 Explaining Police Deviance.
investigation into civil rights violations in
the LAPD.
In an interview from jail on September 20, Perez called cor- we have presented hardly capture the reality of police devi-
ruption in the LAPD a cancer. The next day, Chief Parks con- ance. We described some of the more notorious cases, but
vened a board of inquiry (BOI) to investigate the scope of the what about the more mundane cases of police deviance—just
Rampart Division scandal. Ultimately, more than 300 people how common are they? Finally, and perhaps most important,
were involved in the investigation, and special subcommittees we need to consider what can be done to stop police deviance.
were established to examine issues including personnel, work It is not enough to wait around until something goes wrong.
product, supervision and management, risk management, oper- Administrators want to know what they can do to prevent
ations, corruption, integrity, and others. police deviance before it becomes a problem.
On October 4, 1999, two LAPD officers linked to the
Rampart corruption scandal were subpoenaed to testify before
a grand jury focusing on two allegedly unjustified shootings Explaining Police Deviance
by Rampart Division officers. In ensuing court actions, a judge There are two main theories of police deviance. One explains
overturned the convictions of four men and dismissed the case deviance in terms of the isolated behavior of individual offi-
against a fifth. Subsequently, the Rampart Division scandal bal- cers, while the other attributes deviance to the influence of
looned out of control. environmental factors that could affect all police officers
On February 29, 2000, the BOI gave its 362-page report (Figure 12–5). These explanations roughly parallel classical
to Los Angeles Mayor Richard Riordan and members of the and positivist theories of crime. Classical theories look at
LAPD Police Commission (Parks’s supervisors). The report individual factors like personality; positivist theories look at
cited numerous factors that were responsible for the scandal, environmental factors, including socialization and tempta-
including failures to check the backgrounds of new recruits, tions in the environment.
to monitor officer misconduct, and to supervise officers in the
field. Simply put, accountability and control were compromised The Rotten Apple Theory
in the LAPD. The scandal was made possible because super- The rotten apple theory attributes police deviance to a few
vision suffered and the department’s internal accountability individuals who should not have become police officers
mechanisms proved ineffective. and whose propensity toward corruption was not recognized
On September 19, 2000, federal officials essentially during the recruitment and hiring phases. The implication of
took over the LAPD when the Los Angeles City Council voted this theoretical perspective is that police agencies must con-
(10–2) to accept a consent decree that appointed a federal tinue to refine and improve their hiring procedures. The hope
judge to act on behalf of the U.S. Justice Department to over- is that adequate screening for candidates of the highest moral
see reforms in the department for a period of five years. The character may prevent deviance from taking root in the
consequences of not entering into the decree would have been department.
a federal lawsuit against the LAPD. In 2013, a federal judge Identifying “rotten apples”—that is, officer candidates
finally lifted the consent decree. with a propensity for deviance—is difficult. Skilled liars will
not be screened out during hiring. Psychological exams can
do only so much, usually identifying only the most unfit of
▶ Explanations, Incidence, applicants. In response to these problems, some researchers
have studied citizen complaints against the police in an effort
and Controls to determine which officers receive the most complaints—
Criminological theory tells us why criminals offend. In much hoping to discern the most common characteristics of “prob-
the same way, theories of police deviance explain what makes lem” officers. The authors of one study found that 7% of the
a law enforcement officer cross over to the dark side. There are officers in one department were responsible for more than
far more theories of crime, however, than there are theories of one-third of all the complaints. The officers were younger and
police deviance. In addition had less experience, and the complaints against them were
Learning Discuss explanations to considering explanations more likely to arise from their proactive (as opposed to reac-
Outcomes for police deviance, its
contacts with citizens.34 These findings suggest that it is
3 incidence, and methods important to gauge the extent tive)
of police deviance, it is also
important to monitor police–citizen encounters and to focus
of controlling it.
of the problem. The stories on less seasoned officers.

Environmental Factors deviance. This, in turn, allows problems to persist because they
Positivist criminologists explain crime in terms of environmen- are difficult to bring to light.
tal factors like peer influence, family conditions, and neighbor- Some researchers have attributed police deviance to a mix-
hood characteristics. Applying this line of thinking to police ture of constant and variable factors unique to police work.
deviance, it may be that some officers become deviant as a Examples of these factors appear in Table 12–2. Some would
result of either a corrupt political environment or the socializa- also say that the explanations of corruption that we have cov-
tion process. If a city or its police department shows a pattern of ered are too simple and that corruption is a nasty and complex
problem behavior, then it is understandable that some officers self-reinforcing cycle.
will fall victim to it. Some of the examples discussed earlier
revealed cultures of corruption within a department or city,
making it pretty clear why police deviance spreads. How Common Is Police Deviance?
Cases of systemic corruption are rare, especially these days. Noted police researcher Lawrence Sherman offered this enlight-
This forces us to look at other environmental explanations of ening commentary on the incidence of police corruption: “Most
police deviance, namely, those stemming from the socializa- police departments have members who commit corrupt acts
tion process. It is easier to conceive of a few officers working from time to time. Only some police departments, however,
together and reinforcing one another’s behavior through graft become corrupt police departments.”35 In other words, corrup-
and corruption than it is to conceive of a whole police depart- tion was—and still is—relatively rare. The vast majority of law
ment doing the same. In the discussion of police subculture in enforcement officers are law-abiding, upstanding profession-
Chapter 5, we saw, for instance, that the code of silence per- als. Even so, it is important to consider just how common police
vades police work. The code certainly presents problems for deviance is. We also need to look beyond the high-profile cases
administrators who are intent on rooting out corruption and and consider the whole gamut of police deviance, most of
TABLE 12–2 Factors Affecting the Development of Police Deviance

Constant Factors
Discretion The exercise of discretion is argued to have both legitimate and illegitimate bases.
Low managerial visibility A police officer’s actions are often low in visibility as far as line management is concerned.
Low public visibility Much of what police officers do is not witnessed by members of the public.
Peer group secrecy Police subculture is characterized by a high degree of internal solidarity and secrecy.
Managerial secrecy Police managers have generally worked themselves up from the beat and share many of the values held by those
they manage.
Status problems Police officers are sometimes said to be poorly paid relative to their powers.
Association with lawbreakers, Police officers inevitably come into contact with a wide variety of people who have an interest in police not doing
contact with temptation what they have a duty to do. Such people may have access to considerable resources.
Variable Factors
Community structure Refers to the degree of “anomie,” the political “ethos,” and the extent of culture conflict.
Organizational characteristics Levels of bureaucracy, integrity of leadership, solidarity of work subcultures, moral career stages of police officers,
and the perception of legitimate opportunities.
Legal opportunities for Moral: so-called victimless crimes associated with the policing of vice.
corruption Regulative: the exploitation of minor or trivial regulations, such as those associated with construction, traffic,
and licensing.
Corruption controls How the guardians are themselves “guarded.”
Social organization of Two basic forms: arrangements and events.
corruption
Moral cynicism Association with lawbreakers and contact with temptation are inevitable in police work, inclining officers toward
moral cynicism.
Source: T. Newburn, Understanding and preventing police corruption: Lessons from the literature (London: Home Office, Policing and Reducing Crime Unit, 1999),
p. 17. Reproduced under the terms of the Open Government License.

which is not as serious as the stories from New York, Los about prevention.36 One scholar advocates treating corruption
Angeles, and Miami would have us believe. as a disease.37 First, the disease has to be identified (Stage
Unfortunately, just as it is difficult to estimate the true One). Once the disease has been identified, so-called Stage Two
extent of crime (the so-called dark figure of crime), it is diffi- and Stage Three responses can be crafted. Stage Two seeks to
cult to estimate the true prevalence of police deviance. Corrupt control the problem (e.g., audit systems or citizen oversight).
officers try to keep their activities private, just as criminals try Stage Three then seeks to subvert corruption (e.g., with under-
to hide theirs. As a result, researchers have had to get creative. cover agents).
One researcher surveyed officers in a police department that he
called South City. They were asked to estimate how frequently Professional Standards
they thought officers engaged in five behaviors: sleeping on As policing has matured over time, most of the rampant cor-
duty, using excessive force, having sex on duty, committing per- ruption we witnessed in the past has subsided. Continued rein-
jury, and drinking on duty. Sleeping on duty, brutality, and sex forcement of professional standards, however, is critical.
on duty were, surprisingly, considered the most common (40%, Joycelyn Pollock, one of the country’s experts on police eth-
39%, and 32%, respectively). In other words, officers estimated ics, offers a number of suggestions in this regard. 38 She
that nearly 4 in 10 officers slept on duty or used excessive force couches these in terms of some simple questions for officers
and that more than 3 in 10 had sex on duty. to answer. The first is the so-called first-page test. The ques-
Cases of officers selling drugs, stealing evidence, and tion is, “How would you feel if your action appeared on the
committing crimes are relatively rare in comparison to less front page of the newspaper?” The second question is, “How
extreme examples of police deviance. Sleeping on the job, will you feel about your action when looking back on it?”
sexual misconduct, harassment, and similar behaviors are Finally, “Would you consider your action fair if you were each
perhaps easier to commit without getting caught. In addition, of the other parties involved?” Or, put differently, “Did you
they may be viewed as relatively minor when compared to treat others the way you would want to be treated?”39 Pollock
some of the more serious examples of deviance and corrup- goes on to note,
tion cited earlier in this chapter. The studies just cited prob- These questions are sometimes overlooked when mak-
ably cannot be generalized to all law enforcement officials or ing day-to-day decisions. Thoughtful policing involves
police departments, but they provide some needed insight into being sensitized to the ethical nature of decision-
the extent of the problem. making and, if being egotistic at times, at least recog-
nizing such actions for what they are.40
Controlling Police Deviance Pollock also points out that police officers, as profes-
Perhaps the best control for police deviance is to screen sionals, need to distinguish between good police work and
out applicants who are unfit for the job by conducting back- what it means to be a good person. The two do not always
ground investigations, polygraph evaluations, and psychologi- go hand in hand. “Good” police officers are those who make
cal evaluations. Obviously, though, this approach has failed on many arrests, catch criminals, and so on. But Pollock notes
more than one occasion. A remaining option is to constantly that “being a ‘good’ officer may be contradictory to being a
remind officers of how they should act when presented with ‘good’ person, and the good people who become officers may
ethical dilemmas. This is accomplished through the promotion be distressed to find that being a good person is not ‘good
of professional standards and through police codes of ethics enough.’”41 So police officers must be constantly aware that
(Figure 12–6). being a good person is part of being a good officer. It is not
If we move away from policing and focus on corruption all about making good busts at all costs. Indeed, one of the
throughout the public sector, we find a large body of literature hallmarks of a profession is abiding by certain standards of
conduct, and that means following the rules and
upholding the law.
Screen Out Unfit
Applicants Codes of Ethics
Those police departments that do not train their
officers how to act when presented with ethical
dilemmas can at least adopt appropriate codes of
Adopt Codes Reinforce Professional
Standards ethics. The professional associations that many offi-
of Ethics
cers are affiliated with (such as the Fraternal Order
of Police) have them.
In fact, most professions have ethical codes of
one form or another. Doctors, nurses, and attorneys
have them. Even the authors of this textbook have
to abide by ethical codes either established through
their place of employment or promulgated by the pro-
fessional associations with which they are affiliated
FIGURE 12–6 Controlling Police Deviance. (such as the Academy of Criminal Justice Sciences).

Consent Decrees
Think About It… During the 1990s, Congress gave the Civil Rights Division of
the U.S. Justice Department authority to sue state and local
Citizen Complaints Citizen com- governments in federal court in order to correct any “pattern or
Mikael Karrlson/Alamy Stock Photo

plaints are one mechanism by practice” of police misconduct. To avoid drawn-out courtroom
which police deviance can be recti- battles, police departments that find themselves subjected to
fied. But do they work? While many Justice Department misconduct investigations often enter
agencies have taken great strides into so-called consent decrees with the federal government.
toward improving their complaint A consent decree is a voluntary agreement, approved by a
procedures (see the previous federal court, between both parties that the police department
chapter), a great deal of research in question will cease the improprieties of which it is sus-
suggests that it is much more pected. The decree outlines specific policy and practice
difficult to have a complaint changes sought by the federal government.
sustained—that is, resolved in favor of the person filing A number of police departments have entered into consent
the complaint. In your view, what percentage of citizen decrees with the federal government in the wake of corruption
complaints lack merit? Can we conclude that citizen scandals. Pittsburgh, Pennsylvania, was the first to do so. It was
complaints don’t work simply because the “sustained” required to make a number of changes. One was the implemen-
rate is low? Explain. tation of a computerized early-warning system to track officers’
compliance. Another was to more carefully document the use
of force, traffic stops, and the like. The decree also required
Think About It… reforms to the Bureau of Police citizen complaint procedure.
Progress was monitored by a federal official who reported quar-
Consent Decrees terly on Pittsburgh’s progress.
Consent decrees are Not only was Pittsburgh the first city to have its police
JustASC/Shutterstock
intended to promote department enter into a consent decree with the federal gov-
police department ernment, but it was also the first to have its progress sub-
integrity, and research- jected to research. The Vera Institute of Justice collected
ers have concluded data from before and after the Pittsburgh consent decree was
that federal interven- put in place.42 The organization interviewed stakeholders in
tion does encourage the community, conducted focus groups with officers, inter-
long-term police accountability. However, critics of con- viewed citizens, and analyzed official data. After analyzing
sent decrees argue that federal district courts assert too the data, researchers concluded that “[t]here are strong signs
much power over the defendant (police departments). Do a year after most of the decree has been lifted that federal
you think consent decrees are a good thing? Are there any intervention can encourage long-term improvements in police
alternatives that would keep police departments account- accountability.”43 To date, nearly 30 police departments have
able for their behavior? entered into consent decrees with the federal government,
most recently Albuquerque.

THE CASE
Manslaughter and A Probationary Sentence
In 2016, former Conroe, Texas, police sergeant, Jason
Blackwelder, was convicted of manslaughter for shooting
19-year-old Russell Rios in the back of the head. Black-
welder, who was off-duty, spotted Rios being pursued by
WalMart security personnel as he pulled up at the store
with his family. Blackwelder joined the chase, and said that
when he caught up with Rios, the younger man put him into
a choke-hold. Fearing for his life, the sergeant said he
pulled a handgun from his waistband and fired at Rios.
Expert witnesses for the prosecution argued at trial that if
what Blackwelder said was true, then the bullet could not
have entered the back of Rios head as it did. Defense wit-
nesses testified otherwise. In the end, a Montgomery County
jury handed down a guilty verdict, but recommended that
Blackwelder be placed on probation instead of going to
Jason Fochtman/AP Images.

prison. The judge agreed, and sentenced him to five years of
supervised probation. Phil Grant, a M ontgomery County,
Texas, prosecutor told reporters that he could not recall an
officer being indicted for a shooting in the county in the last
30 years—and Blackwelder seems to be the first case of an
actual conviction.
This case raises a number of interesting questions:

1. Why haven’t other officers been indicted for shootings in Montgomery County in the last 30 years? Is it because they all
acted within the law? Might there be another reason?
2. Why did Blackwelder receive a probationary sentence? Given that he was convicted, then wouldn’t you have expected
his sentence to be greater?
3. Do you believe that Blackwelder fired in self-defense? Did the jury?

C hapte r 1 2 Deviance, Ethics, and Professionalism
Learning Discuss how various commissions established corruption Dishonest or fraudulent conduct by public officials in a
Outcomes to examine police misconduct in the United position of power.
1 States have uncovered deviance. deviance Any behavior that is at odds with socially expected or accepted
The Wickersham (1929) and Knapp Commis- behavior.
sions were credited with uncovering police deviance. The Knapp Commission A commission to investigate police corruption that
Wickersham Commission, in its report Lawlessness in Law was appointed by New York City Mayor John V. Lindsay in 1970 in
Enforcement, found that the “third degree,” or “the inflict- response to a New York Times article that reported widespread corruption
ing of pain, physical or mental, to extract confessions in the NYPD.
or statements,” was “extensively practiced across the white knight An honest and upstanding officer who never steps over the
country.” line between accepted and deviant conduct, no matter how great the
pressure to do so.
1. What did the Wickersham and Knapp Commissions
investigate? straight shooter An honest police officer who will overlook some miscon-
duct committed by peers.
2. What did the commissions find? How did their findings
grass eater A police officer who accepts small gifts and engages in minor
differ, if at all?
acts of deviance but does not actively pursue opportunities for corruption.
3. What sources of information were especially important meat eater A police officer who actively seeks out and plans opportuni-
to members of both commissions? ties to exploit his or her position for personal gain.
4. What’s the difference between a grass eater and a rogue A seriously deviant officer.
meat eater?
Learning Identify several typologies of police deviance straightforward corruption Any form of police misconduct that provides
Outcomes that scholars have proposed. direct financial benefit to police officers.
2 Scholars have proposed several typologies of predatory corruption A form of police corruption that consists of
police deviance. Some focus on forms of cor- more than just passive participation (e.g., looking the other way while
ruption, while others focus on types of deviance. Gratuities a fellow police officer commits a crime). In predatory corruption, offi-
(i.e., gifts) are perhaps the most minor form of deviance. cers actively promote and engage in criminal and other wrongful
Some people don’t regard them as deviance at all but activities.
rather as relationship builders. Police sexual misconduct perversion of justice A kind of police corruption that consists of serious
includes everything from consensual sex on duty to rape. actions by a police officer, such as lying under oath (perjury), intimidating
The ongoing “war on drugs” presents significant tempta- a witness, and performing other activities that resemble combative
tions to officers to step over the line. corruption.
1. Describe the typologies of police deviance discussed in Mollen Commission A commission appointed by New York City Mayor
this chapter and give examples of each. David N. Dinkins in 1992 to investigate allegations of police corruption in
the NYPD.
2. List and describe some infamous instances of police
deviance. gratuity Something of value that is freely given to police officers simply
because they are police officers. Examples include a cup of coffee, a
3. When and where did the Mollen Commission function?
lunch, or a “police price” discount on a meal or other service.
What was its purpose? What did it find?
police sexual violence A sexually degrading, humiliating, violating, dam-
4. What is meant by the term noble-cause corruption? aging, or threatening act committed by a police officer against a (usually
How does it apply to police work? female) citizen through the use of force or police authority.
5. What is meant by the term perversion of justice? How use corruption Drug-related police corruption that consists of an officer’s
does it apply to police corruption? personal use of illicit drugs.
economic corruption Drug-related police corruption in which an officer
police crime An officer’s use of the official powers of his or her job to seeks personal gain by stealing drugs, selling drugs, or extorting money
engage in criminal conduct. from drug dealers.
occupational deviance Behavior performed under the guise of police police violence In the context of drug investigations, the use of improper
authority that either does not conform to accepted standards of conduct physical force to extract a confession or to obtain evidence.
or is not part of normal patrol work. subjugation of defendants’ rights In the context of drug investigations,
police corruption The misuse of police authority for personal or organiza- an officer’s lying or committing perjury or fabricating evidence in the name
tional gain. of securing a drug conviction.
abuse of authority A catchall category for various forms of inappropri- noble-cause corruption Any corruption that occurs in connection with
ate police conduct that do not necessarily amount to crime, deviance, the goal of getting criminals off the streets and protecting the
or corruption. community.

Learning Discuss explanations for police deviance, its 3. How does environmental theory explain police
Outcomes incidence, and methods of controlling it. deviance?
3 Two theories of police deviance were offered in 4. How can police deviance be controlled?
this chapter. The rotten apple theory argues
that deviance is primarily the result of the corrupt activities
rotten apple theory A perspective that attributes police deviance primar-
of a few rogue officers. A second perspective, environmen-
ily to a few individuals whose propensity toward corruption was not recog-
tal theory, attributes deviance to peer pressure and other
nized during the recruitment and hiring phases.
organizational factors. The true extent of police corruption
remains elusive, rather like the dark figure of crime. Police first-page test A series of questions proposed by Joycelyn Pollock that
deviance, however, can be controlled through rigorous hir- police officers can ask themselves to reinforce professional ethical
ing procedures, professional standards and training, and standards.
codes of ethics. consent decree A legal settlement in which one entity agrees to take cer-
tain actions or rectify a particular problem without admitting to any illegal-
1. How common is police deviance?
ity. Consent decrees are sometimes used in law enforcement following
2. How does the rotten apple theory explain police corruption scandals; a decree requires the police department to fix a par-
deviance? ticular problem and/or end a particular course of action.
References
1 Alfred Ng and Jason Silverstein, “Jury convicts ex- policing (Long Grove, IL: Waveland Press, Inc., 1998). All
Oklahoma cop Daniel Holtzclaw of rape, sodomy charges; rights reserved.
faces life in prison,” New York Daily News, December 11, 10 For a fairly thorough account, see M. L. Birzer, “Crimes
2015, http://www.nydailynews.com/news/crime/jury- committed by police officers,” in Police misconduct: A
convicts-ex-oklahoma-rape-charges-article-1.2462256 reader for the 21st century, ed. M. J. Palmiotto, pp. 168–81
(accessed May 20, 2016). Jason Silverstein, “Oklahoma (Upper Saddle River, NJ: Prentice Hall, 2001).
City police ignored early sexual assault complaint 11 Reprinted by permission of Waveland Press, Inc., from
about Officer Daniel Holtzclaw, lawsuit says” New York Victor E. Kappeler et al., “Breeding deviant conformity,”
Daily News, March 8, 2016, http://www.nydailynews. in Forces in deviance: Understanding the dark side of
com/news/national/cops-early-complaint-daniel- policing (Long Grove, IL: Waveland Press, Inc., 1998).
holtzclaw-lawsuit-article-1.2557135, (accessed May 20, All rights reserved.
2016).
12 Maurice Punch, Conduct unbecoming: The social construc-
2 J. Kleinig, The ethics of policing (Cambridge: Cambridge tion of police deviance and control (London: T avistock,
University Press, 1996), p. 166. 1985).
3 S. Walker, Popular justice: A history of American criminal 13 “Mark Fuhrman’s 10/2/96 plea agreement to felony per-
justice, 2nd ed. (New York: Oxford University Press, 1998), jury at O. J. Simpson’s criminal trial,” www.lectlaw.com/
pp. 26–27. files/case63.htm (accessed January 28, 2016).
4 R. M. Fogelson, Big-city police (Cambridge, MA: Harvard 14 Cited in C. Slobogin, “Testifying: Police perjury and what
University Press, 1977), p. 32. to do about it,” University of Colorado Law Review, vol.
5 Powell v. Alabama, 287 U.S. 45 (1932). 67 (1996), pp. 1037–60, quote on pp. 1042–43.
6 T. Barker, Police ethics: Crisis in law enforcement (Spring- 15 M. W. Orfield, Jr., “Deterrence, perjury, and the heater
field, IL: Charles Thomas, 1996). factor: An exclusionary rule in the Chicago criminal
courts,” University of Colorado Law Review, vol. 107
7 Associated Press, “Ex-cops accused of doubling as mob
(1992), p. 75.
hitmen,” www.msnbc.msn.com/id/7434863/ns/us_
news-crime_and_courts (accessed January 28, 2016). 16 Ibid.
8 Reprinted by permission of Waveland Press, Inc., from 17 Barker, Police ethics.
Victor E. Kappeler et al., “Breeding deviant conformity,” 18 S. Coleman, “When police should say ‘no!’ to gratuities,”
in Forces in deviance: Understanding the dark side of Police Ethics, Winter–Spring 2004, pp. 33–44.
policing (Long Grove, IL: Waveland Press, Inc., 1998). All 19 Ibid., pp. 34–37.
rights reserved. 20 Ibid., p. 39.
9 Reprinted by permission of Waveland Press, Inc., from 21 See P. B. Kraska and V. E. Kappeler, “To serve and pur-
Victor E. Kappeler et al., “Breeding deviant conformity,” sue: Exploring police sexual violence against women,”
in Forces in deviance: Understanding the dark side of Justice Quarterly, vol. 12 (1995), pp. 85–109.

22 T. Barker, “An empirical study of police deviance other 33 George Volsky, “Wide Miami inquiry into police is seen,”
than corruption,” Journal of Police Science and Adminis- New York Times, December 13, 1987, p. 29, col. 1.
tration, vol. 3 (1978), pp. 264–72. 34 K. Lersch and T. Mieczkowski, “Who are the problem-
23 A. D. Sapp, “Sexual misconduct by police officers,” in prone officers? An analysis of citizen complaints,”
Police deviance, eds. T. Barker and D. Carter, pp. 83–95 American Journal of Police, vol. 15 (1996), pp. 23–44.
(Cincinnati: Anderson, 1986), p. 88. 35 L. W. Sherman, Controlling police corruption: The effects
24 See Kraska and Kappeler, “To serve and pursue.” of reform policies (Washington, DC: U.S. Department of
25 Ibid. Justice, 1978), p. 32.
26 Ibid. 36 See, e.g., R. Klitgaard, “Subverting corruption,” Finance
27 D. L. Carter, “Drug use and drug-related corruption of and development, June 2000, www.imf.org/external/pubs/
police officers,” in Policing perspectives: An anthology, ft/fandd/2000/06/klitgaar.htm (accessed January 28,
eds. L. K. Gaines and G. W. Cordner, pp. 311–23 (Los 2016).
Angeles: Roxbury, 1999). 37 Ibid.
28 K. J. Peak, Policing America: Methods, issues, challenges, 5th 38 J. M. Pollock, “Ethics and law enforcement,” in Critical
ed. (Upper Saddle River, NJ: Prentice Hall, 2006), p. 307. issues in policing: Contemporary readings, 4th ed., eds.
29 Ibid. R. G. Dunham and G. P. Alpert, pp. 356–73 (Prospect
Heights, IL: Waveland, 2001).
30 P. B. Kraska and V. E. Kappeler, “Police on-duty drug use:
A theoretical and descriptive explanation,” American 39 Ibid., p. 369.
Journal of Police, vol. 7 (1988), pp. 1–28. 40 Ibid.
31 J. Crank and M. Caldero, Police ethics: The corruption of 41 Ibid., p. 370.
noble cause (Cincinnati: Anderson, 1999). 42 R. C. Davis, N. J. Henderson, and C. W. Ortiz, Can federal
32 K. M. Lersch, “Drug related police corruption: The Miami intervention bring lasting improvement in local policing?
experience,” in Police misconduct: A reader for the 21st The Pittsburgh consent decree (New York: Vera Institute
century, ed. M. J. Palmiotto (Upper Saddle River, NJ: of Justice, 2005).
Prentice Hall, 2001), p. 139. 43 Ibid., p. 4.

13
The Use of Force
1
Identify the various levels of force, explain how they
are controlled by policy, and describe their applica-
tions in police work.
2
Describe the legal standards for the use of deadly
force, and the different patterns of deadly force in-
cluding suicide by cop.
3 Describe legal standards governing nondeadly force,

including less lethal weapons.
4 List three types of excessive force.
Scott Houston/Alamy Stock Photo
220 Chapter 13 The Use of Force

Intro A Higher Standard of Policing
In 2016, the Washington, D.C.-based Police Execu-
tive Research Forum released a report entitled Use of
Force: Taking Policing to a Higher Standard.1 The report
contained 30 guiding principles intended to increase
both officer safety as well as the safety of commu-
Richard Cavalleri/Shutterstock
nity members. By implementing the report’s principles,
PERF said, officers could learn how to “‘slow down’
some incidents and avoid escalating others to the
point where officers or members of the public are en-
dangered.” The report’s first principle? That “the sanc-
tity of human life should be at the heart of everything
an agency does.”
▶ Use of Force
Police use of force is defined as the use of physical restraint by Excessive force can be symptomatic of problem police offi-
a police officer when dealing with a member of the public.2 Law cers. Problem officers are those who exhibit problem behavior,
enforcement officers are authorized to use the amount of force as indicated by a large number of citizen complaints, frequent
that is reasonable and necessary given the circumstances. Most involvement in use-of-force incidents, and other evidence.6 The
officers are trained in the use of force and typically encounter Christopher Commission, which studied the structure and oper-
numerous situations during their careers when the use of force ation of the Los Angeles Police Department (LAPD) in the
is appropriate—for example, when making some arrests, wake of the Rodney King beating, found a number of “repeat
restraining unruly combatants, or controlling a disruptive dem- offenders” on the force.7 According to the commission, approx-
onstration. Force may involve hitting; holding or restraining; imately 1,800 LAPD officers were alleged to have used exces-
pushing; choking; threatening with or using a baton, a flash- sive force or improper tactics between 1986 and 1990. Of these
light, or chemical or pepper spray; restraining with a police officers, more than 1,400 had only one or two allegations
dog; using a Taser or a similar energy weapon; or threatening against them. Another 183 officers had 4 or more allegations,
with or using a gun. 44 had 6 or more, 16 had 8 or more, and 1 officer had 16 such
A more complex issue is the use of excessive force. The allegations. The commission also found that, generally speak-
International Association of Chiefs of Police defines excessive ing, the 44 officers with six complaints or more had received
force as “the application of an amount and/or frequency of force positive performance evaluations that failed to record “sus-
greater than that required to compel compliance from a willing tained” complaints or to discuss their significance.
or unwilling subject.”3 When excessive force is employed, the Use of force and use of excessive force are not one and the
activities of the police often come under public scrutiny and same. Most of this chapter is concerned with the legitimate use
receive attention from the media and legislators. A police offi- of force. We save the discus-
Learning Identify the various
cer’s use of excessive force can also result in lawsuits by mem- sion of improper force for the Outcomes levels of force, explain
bers of the public who feel that they have been treated unfairly. end of the chapter. What, 1 how they are controlled
Whether the use of excessive force is aberrant behavior on the then, are the types of force? by policy, and describe
part of an individual officer or is the practice of an entire law When can force be used? their applications in
enforcement agency, both the law and public opinion generally How often do officers use police work.
condemn it. force? What distinguishes
Kenneth Adams, an expert in the use of force by police, deadly force from nondeadly force? What are the rules govern-
notes that there is an important difference between the terms use ing an officer’s use of force? We answer these and related ques-
of excessive force, such as shoving or pushing when simply tions in the next few sections.
grabbing a suspect would be adequate, and the excessive use of
force, which refers to the phenomenon of force being used unac-
ceptably, often on a department-wide basis. The distinction Levels of Force
“deals with relative comparisons among police agencies, and Seven levels of use of force have been identified in police work
there are no established criteria for judgment.”4 The use of (Figure 13–1). Our concern in this chapter is primarily with the
excessive force and the excessive use of force may also be distin- last two types of force noted in Figure 13–1 (impact techniques
guished from the illegal use of force, which refers to situations and deadly force). These are the most likely to result in the
in which the use of force by police violates a law or statute.5 injury or death of a suspect. Moreover, of all of the levels of
Use of Force 221

Deadly
force. This
is force that
is capable of
killing the suspect.
An example is the use
of a gun.i
Impact techniques. Impact techniques

may involve physical contact or the use
of chemical spray or stunning weapons.
Pain compliance. These tactics seek the

suspect’s compliance by causing pain. They
should not cause lasting physical injury.
Firm grips. These are physical grips on the body directing a suspect
when and where to move. They are not intended to cause pain.
Command voice. An officer’s command voice is more vibrant than his or her speaking
voice, and the officer’s request takes the form of an order: “Sir, I asked you for your
vehicle papers once. Now I’m telling you to give them to me now.”
Verbalization. Officers are taught to speak persuasively. If verbalization

doesn’t work, officers move on to more forcible options.
Mere presence. It is believed that the simple presence of an officer, the embodiment of the
authority of the state, will deter dangerous and criminal behavior.
Republished with permission from Anderson Publishing. From Understanding Police Culture by John P Crank, p. 78, 1998; permission conveyed through
Copyright Clearance Center, Inc.
FIGURE 13–1 Levels of Force.
force, they attract the most attention. All too often, it seems, are taught a force continuum, or use-of-force continuum. Other
bystanders record what they perceive to be police brutality. times their policy manuals contain elaborate descriptions of
Sometimes such recordings do reveal brutality. Other times, proper and improper force. Some agencies combine both
though, untrained bystanders may fail to understand that what approaches. Figure 13–2 contains some force-related terminol-
an officer did to apprehend a resistant suspect followed the ogy that will help you work through this section.
police agency’s policy to the letter. An example of a use-of-force continuum, this one from
the Federal Law Enforcement Training Center, appears in
Figure 13– 3. The left side looks at the suspect’s action. The right
Use-of-Force Policy side looks at the appropriate response the officer should use. So,
Justifiable force is not applied arbitrarily. Police officers are for example, if the suspect is compliant, an officer should use
trained to use only the necessary level of force to gain control only “cooperative controls.” These include verbal commands. At
over a situation or to subdue an unruly suspect. Sometimes they the other end of the continuum, if the officer perceives that the

suspect is assaultive and likely to
fighting to gain control. In some cases in this
inflict serious injury or death, Suspect resistance resistance category, the officer may have decided
deadly force is justified.
No resistance. Suspect was cooperative and that he or she needed to use weapons or other
Some agencies have aban- special tactics to gain control instead of engaging
followed all verbal instructions given by the officer.
doned use of force continuum, the suspect directly.
usually for one of two reasons. Slight resistance. Suspect resisted the officer’s
First, the force continuum does not actions, and the officer had to use strong directive Officer force
have a formal legal basis. Those language or minimal force (skills) to encourage
who subscribe to this perspective suspect to cooperate and follow directions. No force. Officer used typical verbal commands.
argue that agencies should fall
back on legal guidelines, espe- Moderate or high resistance. Suspect impeded Slight force. Officer had to use strong directive
cially those carved out by the U.S. officer’s movement or resisted cuffing or placement language or minimal physical force to encourage
in a car. This level of resistance required the officer the suspect to cooperate and follow directions.
Supreme Court. One of those
to use arm/wrist locks, distraction techniques, or
guidelines stems from the land- fighting skills to gain compliance and control. Forcibly subdued suspect with hands. Officer used
mark nondeadly force case of an arm/wrist lock, take down, block, punch, or
Graham v. Connor, which we dis- Violent or explosive resistance. In this, the most kick, or he or she struck or wrestled the suspect.
cuss later in this chapter’s Non- extreme, level of resistance, the suspect struggled or
deadly Force section. A second fought violently and required the officer to (1) use Forcibly subdued suspect using methods other
problem with the force continuum fighting skills to disengage; (2) use a chemical than hands. Officer used chemical agent, baton,
is ambiguity with respect to where agent, baton, or firearm; or (3) continue gun, or other special tactics or weapons.
certain weapons should be located
on it. A baton, for example, can be FIGURE 13–2 Force-Related Terminology.
Source: G. P. Alpert and R. G. Dunham, “The Force Factor: Measuring Police Use of Force relative to
used to both gently nudge someone suspect Resistance,” in Use of Force by Police: Overview of National and Local Data (Washington,
and deal a fatal blow. Where should DC: Bureau of Justice Statistics, 1999), p. 55. Full report available at http://bjs.ojp.usdoj.gov/index.
a baton fall on the continuum? cfm?ty=pbdetail&iid=809 (accessed January 29, 2016).
In an important study, police
experts Geoffrey Alpert and Roger Dunham found that the force
factor—the level of force used by the police relative to the sus- Applications of Force
pect’s level of resistance—is a key element to consider in The National Institute of Justice estimates that nearly 40 mil-
attempting to reduce injuries to both the police and suspects.8 lion people nationwide have face-to-face contact with the police
The force factor is calculated by measuring both the suspect’s over a typical 12-month period. Of those, approximately
level of resistance and the officer’s level of force on an equiva- 575,000 are subjected to the use of force or the threat of force.9
lent scale and by then subtracting the level of resistance from the On the whole, then, police use force quite rarely.
level of police force used. Results from the study indicate that, Studies show that police use weaponless tactics in approxi-
on average, the level of force that officers use is closely related mately 80% of use-of-force incidents and that half of all use-of-
to the type of training that their departments emphasize. force incidents involve merely grabbing or holding the
suspect.10 For example, a study of more than 7,000 police
arrests in Phoenix revealed that no
weapon was displayed, much less
used, in about 95% of the arrests.11 In
Assaultive
Deadly addition, female officers are less
(Serious Physical Lethal Force likely to use physical force and fire-
Injury or Death)
arms and are more likely to use
Assaultive Defensive
Harmful chemical weapons (mostly pepper
(Physical Tactics
Injury) spray) than are their male
t
men
Offic
counterparts.
Volatile
sess
Who is most likely to experience

er S
Resistant Compliance
(Active) Techniques police force? Perhaps not surpris-
er As
elec
ingly, males, African-Americans,

tion
Offic
Tactical
Resistant Contact and younger people are most likely to
(Passive) Controls experience force:
Strategic Males were more likely than
Cooperative females to have force used or
Compliant
Controls threatened against them during
Officer Perception their most recent contact with
Suspect Action Officer Response police . . . Blacks were more
FIGURE 13–3 Use-of-Force Continuum. likely than whites or Hispanics to
Source: Federal Law Enforcement Training Center, Department of Homeland Security. experience use or threat of . . .
Use of Force 223

Individuals between the ages of 16 and 29 were more one would think the Court would have handed down a unani-
likely than those age 30 or older to experience contact mous decision, but three justices dissented, noting that the stat-
that resulted in force or the threat of force.12 ute struck down by the majority “assist[s] the police in
The nature of the contact is also associated with whether apprehending suspected perpetrators of serious crimes and
force is used. People whose contact was initiated by the provide[s] notice that a lawful police order to stop and submit
police were much more likely to see force used. Indeed, about to arrest may not be ignored with impunity.”16 In any case, to
80% of the contacts involving use of force were initiated by further grasp the reach of Garner, it is important to consider the
the police. This, too, is not surprising because police-initiated notion of what kind of offender poses a “serious threat.” Courts
contacts are those where officers generally witness a criminal will generally consider present and/or past dangerousness.
act or a person they suspect of having committed a crime.
Present Dangerousness
Sometimes these suspects flee, and force is required to stop
them. According to Victor Kappeler of Eastern Kentucky University,
“[A] dangerous suspect is, generally, an armed suspect who can
inflict serious physical harm.”17 Fingernail clippers, for exam-
ple, cannot be considered a deadly weapon.
Deadly Force In one illustrative case, one of the federal district courts
Generally speaking, deadly force is force that is likely to concluded that the police used deadly force inappropriately in
cause death or significant bodily harm. Black’s Law Dic- killing a woman (Hegarty) when
tionary adopts a more general definition, namely, “force that Hegarty repeatedly asked the officers to leave, but she
may result in the death of the person against whom the force neither threatened them nor did she fire any shots while
is applied.”13 According to data collected by the FBI, the the officers were present. In fact, the officers decided to
number of justifiable homicides by police averages nearly enter Hegarty’s home forcibly only after it appeared that
400 per year.14 she had put down her rifle. Hegarty did not threaten
The use of deadly force by law enforcement officers, espe- injury to herself at any time, nor were there other indi-
cially when it is not considered justifiable, is one area of poten- viduals in danger.18
tial civil liability that has
Learning Describe the legal
received considerable atten-
Outcomes standards for the use
Past Dangerousness
2 of deadly force, and tion in recent years. Histori-
A suspect can also pose a serious threat based on his or her past
the different patterns cally, the “fleeing-felon rule”
of deadly force includ- applied to most U.S. jurisdic- conduct or based on the nature of the crime in question. Less
ing suicide by cop. tions. It held that officers serious offenses, in general, do not enhance the police authority
could use deadly force to pre- to use deadly force.
vent the escape of a suspected felon, even when that person It should be emphasized that only a handful of courts have
represented no immediate threat to the officer or to the public. permitted deadly force based solely on past dangerousness, and
This, as we will see, has changed. the U.S. Supreme Court has never sanctioned such action. In
fact, a federal circuit court of appeals has held that the use of
deadly force to apprehend a suspect charged with a serious
Legal Standards crime is unconstitutional.19 For example, if a suspect commit-
The 1985 U.S. Supreme Court case of Tennessee v. Garner15 ted robbery but was then confronted by the police and, follow-
specified the conditions under which deadly force can be used ing their orders, raised his hands, he could not then be shot.
to apprehend a suspected felon. Edward Garner, a 15-year-old Finally, if police are going to defend deadly force based on
suspected burglar, was shot to death by Memphis police after he past dangerousness, then the serious offense that the suspect is
refused their order to halt and attempted to climb over a chain- alleged to have committed must have been committed in the
link fence. In an action initiated by Garner’s father, who claimed recent past. In other words, officers should avoid deadly force
that his son’s constitutional rights had been violated, the Court if too much time has elapsed between the crime and the use of
held that the use of deadly force by the police to prevent the deadly force. For example, if a police officer used deadly force
escape of a fleeing felon could be justified only where the sus- based solely on the fact that a suspect committed homicide sev-
pect could reasonably be thought to represent a significant eral months ago, the officer’s actions would probably be con-
threat of serious injury or death to the public or to the officer sidered unconstitutional. This is especially true if the officer
and where deadly force is necessary to effect the arrest. In could have used other methods besides the use of deadly force
reaching its decision, the Court declared that “[t]he use of to apprehend the suspect.
deadly force to prevent the escape of all felony suspects, what-
ever the circumstances, is constitutionally unreasonable.” Federal Policy
More specifically, the Court ruled that deadly force may be In 1995, following investigations into the actions of federal
used when two criteria are present: (1) It is necessary to prevent agents at the deadly siege of the Branch Davidian compound at
the suspect’s escape, and (2) the officer has probable cause to Waco, Texas, and the tragic deaths associated with a 1992
believe that the suspect poses a serious threat of death or serious assault by the Federal Bureau of Investigation (FBI) on antigov-
physical injury to others. Given the nature of the Garner case, ernment separatists in Ruby Ridge, Idaho, the federal

Federal Policy The federal deadly force policy, as adopted by the FBI, contains the
following elements:
Defense of life. Agents may use deadly force only when necessary—that is, only
when they have probable cause to believe that the subject poses an imminent
danger of death or serious physical injury to the agent or to others.
Fleeing subject. Deadly force may be used to prevent the escape of a fleeing
subject if there is probable cause to believe that the subject has committed a felony
involving the infliction or threatened infliction of serious physical injury or death and
that the subject’s escape would pose an imminent danger of death or serious
physical injury to the agents or to others.
Verbal warnings. If feasible, and if doing so would not increase the danger to the
agent or to others, a verbal warning to submit to the authority of the agent
should be given prior to the use of deadly force.
Warning shots. Agents may not fire warning shots.
Vehicles. Agents may not fire weapons solely to disable moving

vehicles. Weapons may be fired at the driver or other occupant of a
moving motor vehicle only when the agent has probable cause to
believe that the subject poses an imminent danger of death or
serious physical injury to the agent or to others and when the use of
deadly force does not create a danger to the public that outweighs
the likely benefits of its use.
FIGURE 13–4 Deadly Force.

Source: From FBI Training on the New Federal Deadly Force Policy by John C. Hall, Federal Bureau of Investigation.
government announced that it was adopting an “imminent dan-

ger” standard for the use of deadly force by federal agents. The Patterns of Deadly Force
federal imminent danger standard restricts the use of deadly Studies of killings by the police have often focused on claims
force to situations in which the lives of agents or others are in of discrimination—that is, that African-American and minor-
danger. When the new standard was announced, federal agen- ity suspects are more likely to be shot than Caucasians. But
cies were criticized for not adopting it sooner. The federal pol- research has not provided solid support for such claims. While
icy, as adopted by the FBI, is highlighted in Figure 13–4. individuals shot by police are more likely to be minorities, an
early study by criminologist James Fyfe found that police offi-
cers will generally respond with deadly force when mortally
threatened and that minorities are considerably more likely to
Think About It… use weapons in assaults on officers than are whites.20 Compli-
cating the picture further, Fyfe’s study showed that minority
Tennessee v. Garner Tennessee v. officers are involved in the shootings of suspects more often
Garner was important because it than other officers, a finding that may be due to the assign-
set the standard for police deadly ment of minority officers to poor inner-city areas. However, a
1qaz7ty/Shutterstock
force; no longer could an officer later study by Fyfe, which analyzed police shootings in
shoot an unarmed fleeing felon. Memphis, Tennessee, found that African-American property
Many law enforcement agencies offenders were twice as likely as Caucasians to be shot by
were forced to revise their deadly police.21 Recent studies have also found that male, nonwhite,
force policies, but other agencies younger offenders are disproportionately represented in use of
already had restrictive deadly force force statistics.22
policies in place prior to Garner, suggesting that the deci- Although relatively few police officers ever fire their
sion may have only had a modest effect. Do you think the weapons at suspects during the course of their careers, those
Garner decision made a difference in how often officers who do may become embroiled in social, legal, and personal
shoot their weapons? Why or why not? Read the Garner complications. The personal side of police shootings is well
decision and summarize the Supreme Court’s logic for its summarized in the title of an article that appeared in Police
rule. Three justices dissented. Read the case and summa- Magazine. The article, “I’ve Killed That Man Ten Thousand
rize their perspective. Times,” demonstrates how police officers who have to use
their weapons may be haunted by years of depression and
Deadly Force 225

despair.23 According to author Anne Cohen, all departments • If time and circumstances allow, make a clear demand for
did to help officers who had shot someone was to “give him compliance—a demand that will usually be ignored.
enough bullets to reload his gun.” The stress and trauma that • Ask the person what he or she wants (specifically, ask if
police officers suffer from having shot someone are now they are trying to die).
being realized, and many departments have developed mecha-
nisms for dealing with them.24 Shootings are often accompa- • If family, friends, or acquaintances of the subject are pres-
nied by legal complications, too. Even in cases where officers ent, ask if they are aware of the subject’s mental health his-
are justified in their actions, surviving family members may tory, chemical dependency, or any criminal record.
bring suit and repeatedly drag officers into court, sometimes • Remain a good listener, while avoiding making promises
for years. or committing to anything.
• Use a less-lethal weapon only as a diversionary tactic
before making a planned attempt to apprehend but never as
Suicide by Cop a stand-alone tactic, as the use of such devices without an
immediate attempt to apprehend may in fact escalate the
Police officers have particular difficulty dealing with instances
situation.31
of suicide by cop, in which individuals who are determined to
die engage in behavior that causes responding officers to It may seem silly to ask the apparently suicidal individual
resort to deadly force. In one case, John T. Garczynski, Jr., a about his or her intentions, but failure to do so can result in
father of two preteen boys, died in a hail of 26 police bullets needless death:
fired by officers who had surrounded his vehicle in a Boca While the individual shot by police may have commit-
Raton, Florida, condominium parking lot.25 Garczynski, a ted a suicidal act, he may not have been suicidal. In fact,
Florida Power and Light Company employee, appeared to the offender’s physical survival probably did not enter
have been despondent over financial problems and the breakup his thought processes at the moment he made his fateful
of his marriage. The night before his death, Garczynski met decision. Instead, this person was momentarily indiffer-
his wife at a bowling alley and handed her a packet containing ent to the consequences of his threatening behavior.
a suicide note, a typed obituary, and a eulogy to be read at his Rather than suicide by cop, he committed “death by
funeral. After he left, Garczynski’s wife called police, and indifference.”32
officers used the help of a cell phone company to locate
Garczynski. As deputies surrounded Garczynski’s 2003 Ford
Explorer, he attempted to start the vehicle. One of the officers Nondeadly Force
yelled “Freeze” and then “Let me see your hands.” It was at
We defined deadly force as force that is likely to cause death or
that point, deputies said, that Garczynski pointed a gun at
significant bodily harm. Nondeadly force is basically the oppo-
them, and they fired.
site: force that is unlikely to cause death or significant bodily
Rebecca Stincelli, author of the book Suicide by Cop: Vic-
harm. We cannot safely say that nondeadly force will always
tims from Both Sides of the Badge,26 says that an incident like
prevent injury or preserve loss of life because sometimes—
the one involving Garczynski can be devastating for police offi-
rarely—people die as a result of injuries suffered from non-
cers. “In the past, people have used rope, a gun, gas, jumped off
deadly force. This is more true of so-called less lethal weapons,
a building. A police officer is just another method,” says
which we will introduce shortly, than physical force, although
Stincelli. “They say it’s nothing personal. [But] they are wrong.
people sometimes die or suffer long-term injury from physical
It’s very personal” for the officers involved.27 The FBI notes
force, too.
that “suicide-by-cop incidents are painful and damaging experi-
ences for the surviving families, the communities, and all law
enforcement professionals.”28 Legal Standards
A study of fatal shootings by Los Angeles police officers
In the 1989 case of Graham v. Learning Describe legal stan-
found that an astonishingly large number—more than 10%—
Connor,33 the U.S. Supreme Outcomes dards governing non-
could be classified as suicide by cop.29 Recently, researchers 3 deadly force, including
Court declared that claims of
have identified three main categories of suicide by cop: direct less lethal weapons.
excessive nondeadly force
confrontations, in which suicidal subjects instigate attacks on
must be judged under the
police officers for the purpose of dying; disturbed interven-
Fourth Amendment’s reasonableness clause:
tions, in which potentially suicidal subjects take advantage of
police intervention in their suicide attempt in order to die; and [A]ll claims that law enforcement officers have used
criminal interventions, in which criminal suspects prefer death excessive force—deadly or not—in the course of an
to capture and arrest.30 arrest, investigatory stop, or other “seizure” of a free
Several steps for managing suicide-by-cop scenarios have citizen should be analyzed under the Fourth Amend-
been suggested: ment and its “reasonableness” standard.34
• Contain the area, while remaining aware that too close a The Court also said that whether deadly force has been
containment may allow the precipitator [the suicidal per- used appropriately should be judged from the perspective of a
son] to provoke a deadly confrontation. reasonable officer on the scene and not with the benefit of

lethal weapons are designed to disable, capture, or
The Severity of immobilize rather than kill.
the Crime Efforts to provide law enforcement officers
with less lethal weapons like stun guns, Tasers, rub-
ber bullets, beanbag projectiles, and pepper spray
began in 1987.36 Now the use of these weapons is
Whether the Suspect Is commonplace in policing. As Table 13–1 shows,
Whether the Suspect 81% of agencies employed conducted energy weap-
Resisting or Attempting
Poses a Threat
to Flee the Scene ons. Even more employed pepper spray and batons.
Note how, in general, the larger the agency, the
more likely it is to employ less lethal technologies.
More exotic types of less lethal weapons are also
FIGURE 13–5 Legal Standards for the Use of Nonlethal Weapons. available today. They include snare nets fired from
shotguns, disabling sticky foam that can be sprayed
20/20 hindsight. The justices wrote, “The calculus of reason- from a distance, microwave beams that heat the tissue of people
ableness must embody allowance for the fact that police offi- exposed to them until they desist or lose consciousness, and
cers are often forced to make split-second judgments—in high-tech guns that fire bolts of electromagnetic energy at a
circumstances that are tense, uncertain, and rapidly evolving— target, causing painful sensory overload and violent muscle
about the amount of force that is necessary in a particular spasms. The National Institute of Justice says, “The goal is to
situation.”35 give line officers effective and safe alternatives to lethal
In helping to decide what a reasonable police offi- force.”37
cer would do, courts need to consider three factors: the sever- As their name implies, however, less lethal weapons are
ity of the crime, whether the suspect poses a threat, and not always safe and may sometimes cause death. On October
whether the suspect is resisting or attempting to flee the 21, 2004, for example, 21-year-old Emerson College student
scene (Figure 13–5). Generally, if the crime in question is a Victoria Snelgrove died hours after being hit in the eye with
serious one and the suspect is dangerous or resists arrest, the a plastic pepper spray–filled projectile. Police officers had
suspect will have difficulty prevailing with a claim of exces- fired the projectile at a rowdy crowd celebrating after the
sive force. Red Sox won the American League Championship. Wit-
nesses said that officers fired into the crowd after a reveler
near Fenway Park threw a bottle at a mounted Boston police
Less Lethal Weapons officer.38 The following sections look at three families of
Less lethal weapons offer what may be a problem-specific solu- less lethal weapons (see also Figure 13–6). There are others
tion to potential incidents of suicide by cop as well as a generic besides those we discuss here, but these are some of the most
solution to at least some charges of use of excessive force. Less widely used.
Table 13–1 Selected Less-Lethal Weapons by Agency Size

Population Served Number Pepper Spray Batons Conducted Energy Weapons*
All sizes 12,326 94% 87% 81%
1,000,000 or more 16 100 100 100
500,000–999,999 36 100 100 83
250,000–499,999 53 96 98 93
100,000–249,999 224 98 96 90
50,000–99,999 446 98 95 87
25,000–49,999 878 98 93 85
10,000–24,999 1,986 96 91 83
2,500–9,999 3,873 93 87 85
2,499 or fewer 4,815 91 83 75
*Includes Tasers and stun guns.
Source: B.A. Reaves, Local Police Departments, 2013: Equipment and Technology (Washington, DC: Bureau of Justice Statistics, 2015), p. 2.
Nondeadly Force 227

3. When activating a CED, law
Conducted Energy Devices enforcement officers should use it
Example: TASER. The typical CED shocks a person with 50,000 volts, for one standard cycle (five sec-
causing involuntary contractions of the skeletal muscles and leading to
onds) and stop to evaluate the situa-
instant immobilization. Although the device has been used inappropriately
in a few noteworthy cases, the CED is arguably one of the most effective tools tion. If subsequent cycles are
in the law enforcement arsenal. necessary, agency policy should
restrict the number and duration of
Impact Munitions those cycles to the minimum activa-
Examples: foam rubber bullets, wooden dowels, beanbags, and other tions necessary to place the subject
projectiles that are usually fired from 12-gauge shotguns or 37/40-millimeter in custody.
gas grenade launchers. Impact munitions are designed to stun or otherwise
temporarily incapacitate a suspect or dangerous individual so that law 4. Training protocols should empha-
enforcement officers can subdue and arrest that person with less danger of size that multiple activations and
injury or death to themselves and others. continuous cycling of a CED appear
to increase the risk of death or seri-
Pepper Spray ous injury and should be avoided
Pepper spray or oleoresin capsicum (OC), is a so-called lachrymatory where practical.
(inflammatory) agent that causes irritation to the eyes and skin. Pepper spray,
like tear gas, causes the eyes to close tightly and tear up, and it may even 5. Officers should be trained to recog-
cause temporary blindness. It also causes the mucous membranes of the nize the limitations of CED activa-
nose, throat, and sinuses to burn and swell, making breathing difficult. OC tion and should be prepared to
spray is very effective when used to subdue a resistant suspect. Note that transition to other force options as
pepper spray is not the same as tear gas. needed.40
Less Lethal Weapons. The need for such guidelines is criti-

FIGURE 13–6
Source: National Institute of Justice, Impact Munitions Use: Types, Targets, and Effects cal because despite their supposedly
(Washington, DC: National Institute of Justice, 2004). nonlethal nature, CEDs have been impli-
cated in some deaths. Medical examiners
have attributed some Taser-related deaths (and other deaths in
Conducted Energy Devices police custody) to a condition known as excited delirium, an
The most popular conducted energy device (CED) is the famil- overdose of adrenaline that can occur in heated confrontations
iar Taser. One of the most common Taser models is the so-called with the police.
X26C. The X26C uses a replaceable cartridge containing com- Impact Munitions
pressed gas that deploys two small probes that remain attached
to the device at a maximum length of 35 feet. Electrical pulses Earlier in this chapter, we mentioned a force continuum.
travel through the wires and into the body of the target, affect- There is also a weapons continuum. Traditional less lethal
ing the functions of the nervous system. technologies require that officers be in close proximity to
Some Tasers have two modes: “probe” and “touch stun.” In suspects. Whether employing a baton, a can of pepper spray,
the “probe” mode, a cartridge projects and attaches to a sus- or a Taser in “touch stun” mode to get the job done, an officer
pect’s clothing or penetrates the skin with barbs. Between the has to be a few feet from the suspect. Lethal weapons, espe-
barbs and the pistol-like Taser unit are two small wires. An cially guns, by contrast, do not require close proximity. These
electrical charge is then sent down the wires, disabling the sus- devices can be put on a continuum that moves the threat of
pect. The “touch stun” mode requires the officer to touch the injury to the officer from low to high. Guns generally present
suspect with the unit (similar to a stun gun); wires are not used. a low risk to officers, whereas batons present a fairly high
For obvious reasons, the “probe” mode is safer for the officer. risk. In response to this problem, less lethal technologies
There are some concerns over the use and safety of CED. have been developed that can be used from a distance. Such
A recent Police Executive Research Forum study called devices are most commonly called impact munitions. For
attention to the need for national guidelines governing their example, the 12-gauge launching cap produced by Combined
use, particularly the use of Tasers, and the organization Tactical Systems can fire a large rubber projectile from a dis-
offered more than 50 recommendations for proper and safe tance of 75 to 100 meters. Beanbags can also be fired from
operation of the devices.39 Their recommendations included these types of devices.
the following: Law enforcement officers need to be careful to use impact
munitions from proper distances. When employed from too
1. CEDs should only be used against suspects who are great a distance, less lethal weapons can be ineffective. On the
actively resisting or exhibiting active aggression or to pre- other hand, when fired from less than 30 or so feet, these
vent individuals from harming themselves or others. devices can cause serious injury, including broken bones.
CEDs should not be used against passive suspects. Death can even occur if the devices are not used as intended.
2. No more than one officer at a time should activate a CED A National Institute of Justice study of 373 incidents involv-
against a person. ing impact munitions found that 8 individuals died as a result

of injuries sustained from the weapons.41 Most of the deaths
were caused by broken ribs that pierced the heart or lungs. At
least one suspect died as a result of being hit in the neck with
Think About It…
a beanbag round. Conducted Energy Devices
Conducted energy devices (CEDs)
Pepper Spray (Oleoresin Capsicum)
Howard Sayer/Alamy
have become very popular with law
Pepper spray, or oleoresin capsicum, is a so-called lachryma- enforcement organizations across the
tory (inflammatory) agent that causes irritation to the eyes and country. CEDs can be safely used in
Stock Photo
skin. There are two forms of tear gas: chlorobenzylidenemalo- the vast majority of circumstances,
nonitrile gas and chloroacetophenone gas. These gases are irri- but they have still come under scru-
tants and are used more often than pepper spray to control tiny as a result of some high-profile
unruly crowds rather than to gain compliance from an incidents, such as the June 2009 “tasing” of 72-year-old
individual. woman during a traffic stop in Texas. A handful of CED-
The active ingredient in pepper spray is capsaicin, a deriva- related deaths, too, have prompted a focus on the devices.
tive of the fruit from plants in the Capsicum genus, which What are your thoughts concerning CED effectiveness? Do
includes certain peppers, notably the cayenne pepper—hence the benefits outweigh the costs? Why or why not? What
the term pepper spray. The spray is usually packaged in small would you do to minimize the potential for problems asso-
pressurized canisters that are carried on the person and can be ciated CED usage in law enforcement?
dispensed quickly to subdue a suspect or for self-defense. The
spray is most effective when sprayed in the eyes. Pepper spray,
unlike some of the other less lethal technologies, can be
acquired legally by non–law enforcement personnel but not in
all states. Most states that permit its sale have laws that penalize
improper use of the spray.
Excessive Force and Abuse
Pepper spray is aptly called a less lethal weapon because of Authority
some people have died as a result of its use. 42 A study of Recall that excessive force is not the same as use of force.
pepper spray’s effectiveness was conducted by researchers Excessive force is inappropriate force. To clarify even further,
at the University of North Carolina.43 They examined inju- consider the distinction between ends and means. In our demo-
ries to officers and suspects and complaints of excessive cratic system of government, we are very concerned with pro-
force before and after police departments adopted the use of cess. Applied to policing, process refers to the means or
pepper spray. The researchers found an overall decline in procedures police use to perform their jobs. We are nervous
officer injuries, but the decline apparently preceded the about the prospect of giving police unlimited authority. On the
introduction of pepper spray, and the effect varied across other hand, we don’t like to ignore the ends either—in other
police departments. The researchers found fewer suspect words, crime control. We want police to control crime and pre-
injuries due to the introduction of pepper spray. Finally, serve our liberty. But when the ends become more of a concern
complaints of excessive force declined markedly after pep- than the means, inappropriate or excessive force is a likely
per spray came into use. result.
Another study looked at in-custody deaths following the Excessive force is not the only form of inappropriate police
use of pepper spray. Researchers at the University of Texas conduct. It is also possible to abuse one’s authority. We saw
Southwestern Medical Center identified 63 such cases and con- some examples of this in the preceding chapter. We also looked
cluded, for the most part, that pepper spray was not the cul- at the consequences of violating people’s legal rights in
prit.44 The researchers went on to conclude that pepper spray Chapters 11 and 12. It is important here, however, to point out
did not cause or contribute to death in 61 of the 63 identified that in addition to excessive force, abuse of authority is also
cases. The two remaining deaths were of asthmatics whose con- inappropriate. Abuse of authority, which was defined in the
ditions were exacerbated by pepper spray. previous chapter, can be thought of as something of an umbrella
Researchers at the University of California, San Diego, under which excessive force falls. An officer can abuse his or
measured the effects of both pepper spray and a placebo spray her authority without resorting to physical force. In either case,
on police recruits who were then placed in either a sitting posi- the end result is a person who is improperly and unjustly made
tion or in the “hogtie” (feet and hands bound behind the back) to suffer in one way or another.
position.45 The study found that pepper spray alone does not
cause respiratory problems in either position. It should be
noted, however, that the study participants were healthy police Types of Excessive Force
recruits and that they were allowed to wear goggles to mini- Excessive force and abuse of Learning List three types of ex-
mize the harmful effects of the pepper spray. Even so, it is safe authority take at least three Outcomes cessive force.
to say that pepper spray is likely the safest less lethal weapon, distinct forms (Figure 13–7). 4
especially when compared to some of the other weapons we Neither is quite the same as,
have discussed in this chapter. say, accepting a gratuity or

Scott, an African-American, from behind as he fled (unarmed)
Physical Brutality from a traffic stop. The two had been involved in a physical
Excessive physical assaults that likely result
altercation, with Slager having discharged his Taser. Scott was
in injury or even possible death.
not subdued and reportedly fled to escape the Taser. In any
case, he was not threatening Slager at the time he was shot.
Other cases in which officers are indicted or otherwise crimi-
Verbal and Psychological Abuse nally charged for inappropriate shootings continue to occur
Words and actions that go beyond standards of
from time to time.
acceptability, from insulting suspects to denying
them basic necessities during the course of an Verbal and Psychological Abuse
aggressive interrogation.
The old idiom “sticks and stones may break my bones, but
words will never hurt me” couldn’t be further from the truth.
We know from some high-profile school shootings that words
Legal Abuse
definitely hurt. Any child of a dysfunctional family, even one
Any violation of a person’s constitutional,
federally protected, or state-protected rights. where physical abuse was never a problem, knows that com-
munication problems and insults can take their toll. There is no
Examples of Excessive Force. reason why police officers should be excused when they engage
FIGURE 13–7
in verbal abuse. When the things they say and do exclusive of
the application of physical force go beyond standards of accept-
receiving a kickback (see Chapter 12). Each leads to a measure ability, they can be considered abusive. Such actions include
of discomfort, if not pain or even death, on the part of a criminal everything from insulting suspects to denying them basic neces-
suspect—or even an innocent person. Physical brutality, verbal sities during the course of an aggressive interrogation.
and psychological abuse, and other so-called rights violations There is a fine line between psychological pressure and
are discussed in this section. Think of these as appearing on a abuse. Consider police interrogation. Assume that a detective
continuum that moves from most to least serious. lies to a suspect by saying that an accomplice has implicated
him. Is this abuse or just good detective work? On the one hand,
Physical Brutality it is not a verbal assault, ridicule, harassment, or even a threat
Perhaps the most notorious example of police brutality ever was of harm. It is, however, something that could instill fear. What
the infamous 1991 Rodney King incident. King was stopped for if, to take it one step further, the detective indirectly threatened
speeding and for fleeing from police. He did not cooperate once the suspect, perhaps by claiming that a jury would surely find
he was stopped, and officers applied force to subdue him, but a him guilty? This type of deception is increasingly common,
bystander’s video recording of the incident revealed something especially in the wake of the U.S. Supreme Court’s famous
else. King was hit and kicked more than 50 times as 27 officers Miranda decision (see Chapter 10). Miranda has, for better or
from various agencies stood by. In addition, the beating contin- for worse, made it more difficult for police to secure confes-
ued even after King appeared to be under control. King received sions. As such, they have had to resort to creative means of
11 fractures to his skull, a broken ankle, and several other seri- doing so, including deception. Richard Leo, a researcher who
ous injuries. So serious was the incident that an independent has documented this trend, summarized one exchange between
commission, the Christopher Commission (named for Warren a detective and a suspect that illustrates the point:
Christopher, former deputy attorney general and deputy secre- Detective: If you take this to a jury trial, they’re going to
tary of state for the United States), was appointed to investigate hit you hard. They’re going to slam you real hard. He’s
it—along with other alleged problems in the LAPD. Three offi- trying to lie to us, he must think we’re stupid. Ladies
cers who were criminally charged in the incident were acquitted and gentlemen of the jury, we have the evidence that
in 1992, inciting one of the largest riots in Los Angeles history. shows he broke the window. He says “no, I didn’t do it.”
In 2008, LAPD officers were once again criticized by the Now do you want to be lenient with this guy?
press for their handling of another incident, an immigration
rally. Two officers were reassigned after the incident, but this The suspect interjects: No, I’m not going to go for
has not stopped people from trying to connect the dots—from this one.
Rodney King to the Rampart Division scandal to the crackdown
Detective: Fine, we’ll take it to a jury trial, but they’re
at the 2000 Democratic National Convention, which took place
going to say he’s guilty, he’s guilty. You had a chance to
at Los Angeles’s Staples Center. Critics argue that the LAPD is
tell the truth. They’ll say: he had a chance. The sergeants
plagued by a warrior culture that, like an ocean liner, is difficult
talked to him and gave him an opportunity to explain
to turn around.
how it happened, to give his side of the story, and what
Sadly, recent incidents suggest that brutality continues to
did he do? He lied. That’s what he’s going to say. He’s
exist, though not necessarily on an agency-wide basis—or even
going to say you lied. You had a chance to tell the truth
because of a group of “bad apples.” Certain unjustifiable polic-
but you lied. That’s exactly what he’s going to say.46
ing shootings can amount to brutality. For example, in 2015,
Michael Slager, a white North Charleston, South Carolina, We are not suggesting that this exchange amounts to abuse, but
police officer was charged with murder for shooting Walter at what point does deception go too far? This is not an easy

question to answer. Gone are the days where psychological any violation of a person’s constitutional, federally
pressures were combined with physical force in a mix com- protected, or state-protected rights. Although the
monly called the third degree, but words alone can go pretty far individual may not suffer any apparent psychological
toward directly harming an individual. damage in the strictest sense, an abuse of authority
has nonetheless occurred. In all cases of physical
Other Rights Violations abuse and in many cases of verbal abuse, there will
If an officer physically and unnecessarily abuses a suspect dur- also be a legal question. However, legal abuse can—
ing an arrest, there is a clear rights violation that might enable and does—occur frequently without the other
the suspect to claim a violation of the Fourth Amendment right forms.47
to be free from unreasonable seizures. Likewise, a detective What if, for example, a police officer pushes a suspect up
who coerces a suspect into confessing or who violates the sus- against a brick wall before conducting a pat-down search, and
pect’s Miranda rights also commits a rights violation. Specifi- the suspect bumps his head, causing it to bleed? The injury is by
cally, the detective violates the suspect’s Fifth Amendment right no means serious, and we would probably be remiss to call it
to be free from compelled self-incrimination. There are other brutality. A bystander may not even take notice. But what if the
rights, however, that can also be violated without physical abuse force is unnecessary? If it is not abuse and it is not psychologi-
and in the absence of verbal or psychological abuse. David cal pressure, what can the suspect do? If the seizure in this case
Carter calls this legal abuse: is not justified, what remedies are available? There are not too
This form of abuse occurs with greater frequency many (see Chapter 11), but this doesn’t make the incident any
than the other categories. Legal abuse is defined as more acceptable than a full-on physical assault.

THE CASE
The Michael Brown Shooting
Michael Brown, an unarmed black teenager, was shot and killed
Tribune Content Agency LLC/Alamy Stock Photo

by a white Ferguson, Missouri, police officer, Darren Wilson, on
Robert Cohen/St. Louis Post-Dispatch/MCT/

August 9, 2014.48 (See also “the Ferguson effect,” the opening
story in Chapter 6). Just before noon that day, Brown and a
friend, Dorian Johnson, left a nearby convenience store. Surveil-
lance video showed Brown stealing some cigarillos. Minutes
later, Officer Wilson pulled his cruiser alongside the two young
men. Upon noticing that Brown fit the description of the suspect
in the convenience store theft, he asked Brown and Johnson to
move to the sidewalk. An altercation ensued, then two shots
were fired from inside the vehicle. Officer Wilson claimed that
the shots were fired when he and Brown struggled over his ser-
vice weapon. One bullet grazed Brown’s thumb. Brown then ran
east and Wilson gave chase. Brown stopped, turned around, hand on Wilson. Likewise, some witnesses reported that Brown
and reportedly moved toward Wilson. Officer Wilson then shot never moved toward Wilson before he was shot. Others said he
Brown several times, fatally wounding him. did. Officer Wilson testified that Brown charged at him. In the
As with many police–citizen altercations where force is used, end, a grand jury decided not to indict Wilson. The announce-
the details surrounding the Michael Brown shooting are cloudy. ment set off a wave of street protests, and rioting ensued. Since
Some witnesses reported seeing Brown reach through Wilson’s then, all police shootings, especially of minority suspects by
car window and punch him. Others said Brown never laid a white officers, have received intense criticism and scrutiny.
The case of Michael Brown raises some interesting questions:

1. The officer involved in the Michael Brown shooting was not indicted by the grand jury that heard the case. Why?
2. Do you think that the officer who shot Brown had other options available to him? What would they have been?
3. If other options were available, why didn’t he use them?

C hapte r 1 3 The Use of Force
Learning Identify the various levels of force, explain use of force The use of physical restraint by a police officer when dealing
Outcomes how they are controlled by policy, and with a member of the public.
1 describe their applications in police work. excessive force The application of an amount and/or frequency of force
Levels of force range from an officer’s mere greater than that required to compel compliance from a willing or unwilling
presence all the way up to deadly force. Use-of-force poli- subject.
cies usually refer to a force continuum that describes the problem police officer An officer who exhibits problem behavior, as indi-
appropriate levels of force to use in response to the level cated by a large number of citizen complaints, frequent involvement in
of resistance or force used by the suspect. use-of-force incidents, and other evidence.
1. What are the kinds of police use of force that this Christopher Commission The commission that studied the structure
chapter discusses? and operation of the LAPD in the wake of the Rodney King beating
incident.
2. Which is the type of force most commonly used by
police officers? force continuum The spectrum of force available to a police officer, from
the absence of physical force to the use of a deadly weapon.
3. What is meant by the term force continuum? Provide force factor The level of force used by a police officer relative to the sus-
examples of levels of force that might be identified by pect’s level of resistance.
a force continuum.
4. What is meant by the term force factor? How does it
relate to a suspect’s level of resistance?
learning Describe the legal standards for the use of 2. What legal standards govern the use of deadly force by
outcomes deadly force, and the different patterns of police officers?
2 deadly force including suicide by cop. 3. What is meant by suicide by cop? How can suicide-by-
Deadly force is force that is likely to cause cop situations be avoided?
death or significant bodily harm. Strict legal standards gov- 4. What is the significance of the U.S. Supreme Court
ern the use of deadly force. In general, it is unconstitu- case of Tennessee v. Garner for law enforcement offi-
tional for an officer to shoot an unarmed fleeing felon. cers? What standards did it set?
Such shootings are permissible only if the officer has prob-
able cause to believe that the suspect poses a serious
risk of danger to others. Roughly 3,600 suspects are shot deadly force Force that is likely to cause death or significant bodily harm.
at by police officers each year. Of these, about 600 die Tennessee v. Garner The 1985 U.S. Supreme Court case that specified
from injuries they receive. Suicide by cop refers to situa- the conditions under which deadly force could be used to apprehend sus-
tions in which individuals who are determined to end their pected felons.
lives engage in behavior that causes responding officers to suicide by cop An incident in which an individual who is determined to
resort to deadly force. die engages in behavior meant to provoke responding officers to resort to
1. What is the meaning of deadly force within the law deadly force.
enforcement context?
learning Describe legal standards governing nondeadly 2. What kinds of less lethal technologies are available to
outcomes force, including less lethal weapons. law enforcement agencies today?
3 Nondeadly force is the opposite of deadly 3. How might today’s less lethal weapons be effectively
force; it is force that is unlikely to cause death employed in place of deadly force?
or significant bodily harm. Claims of excessive force are 4. What is the significance of the 1989 U.S. Supreme
judged under the Fourth Amendment’s reasonableness Court case of Graham v. Connor for considerations involv-
clause. Nondeadly force would be excessive if a “reasoning the use of nondeadly force by police officers?
able person” would feel that it was unreasonable to
employ such force in a given situation. Less lethal weap-
ons, including CEDs, impact munitions, and pepper spray, nondeadly force Force that is unlikely to cause death or significant bodily
have been developed as alternatives to (but not replace- harm.
ments for) deadly force. Graham v. Connor The 1989 U.S. Supreme Court case in which the Court
1. What legal standards govern the use of nondeadly declared that claims of excessive nondeadly force must be judged under
force by police officers? the Fourth Amendment’s reasonableness clause.

less lethal weapon A weapon that is designed to disable, capture, or impact munitions Munitions designed to stun or otherwise temporarily
immobilize rather than kill. incapacitate a suspect or a dangerous individual so that law enforcement
conducted energy device (CED) A device that uses electrical shock to officers can subdue and arrest that person with less risk of injury or death
incapacitate a suspect. Examples are the Taser and the Sticky Shocker. to themselves and to others.
Also called electromuscular disruption technology. pepper spray A so-called lachrymatory (inflammatory) agent that causes
excited delirium A condition in which a suspect experiences an overdose irritation to the eyes and skin. Also called oleoresin capsicum.
of adrenaline during a heated confrontation with the police.
weapons continuum The array of nonlethal and lethal weaponry available
to police officers, the selection of which depends on the situation.
learning List three types of excessive force. 3. Do you believe that excessive force is a serious prob-
outcomes lem in policing today? Explain.
Excessive force falls into three general catego-
4 ries: (1) physical abuse, (2) verbal and psycho- 4. What can police administrators do to ensure that offi-
logical abuse, and (3) other rights violations. cers under their command refrain from using excessive
The latter includes constitutional rights violations that force?
result from police actions besides abuse. An example
would be a shove or a push.
third degree A formerly common coercive interrogation technique that
1. Identify three types of excessive force and provide combined psychological pressures with physical force.
examples of each. legal abuse Any violation of a person’s constitutionally, federally, or
2. What is meant by the term the third degree? state-protected rights.
References
1 Police Executive Research Forum, Use of force: Taking 8 G. P. Alpert and R. G. Dunham, The force factor: Measur-
policing to a higher standard (Washington, DC: PERF, ing police use of force relative to suspect resistance—A
2015). final report (Washington, DC: National Institute of Jus-
2 Some of the material in this section is adapted or tice, 2001).
derived from National Institute of Justice, Use of force by 9 C. Eith and M. R. Durose, Contacts between police and
police: Overview of national and local data (Washington, the public, 2008 (Washington, DC: Bureau of Justice Sta-
DC: National Institute of Justice, 1999). tistics, 2011).
3 International Association of Chiefs of Police, Police use 10 J. H. Garner and C. D. Maxwell, “Measuring the
of force in America, 2001 (Alexandria, VA: International amount of force used by and against the police in six
Association of Chiefs of Police, 2001), p. 1. jurisdictions,” in National Institute of Justice, Use of
4 K. Adams, “Measuring the prevalence of police use of force by police, p. 41. Full report available at www.
force,” in Police violence: Understanding and controlling ncjrs.gov/pdffiles1/nij/176330-2.pdf (accessed
police abuse of force, eds. William A. Geller and Hans January 29, 2016).
Toch, pp. 52–93 (New Haven, CT: Yale University Press, 11 Ibid., p. 30.
2005). 12 Eith and Durose, Contacts between police and the public,
5 International Association of Chiefs of Police, Police use 2008, p. 12.
of force in America, 2001, p. 1. 13 Black’s law dictionary, 6th ed. (St. Paul, MN: West,
6 S. Walker, G. P. Alpert, and D. J. Kenney, Responding to 1990), p. 398.
the problem police officer: A national study of early warn- 14 Federal Bureau of Investigation, Crime in the United
ing systems (Washington, DC: National Institute of Jus- States, 2013: Expanded homicide data, https://www.fbi.
tice, 2000). gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-
7 Some of the wording in this paragraph is adapted from the-u.s.-2013/offenses-known-to-law-enforcement/
Human Rights Watch, “The Christopher Commission expanded-homicide/expanded_homicide_data_table_14_
report,” www.hrw.org/reports98/police/uspo73.htm justifiable_homicide_by_weapon_law_enforcement_
(accessed January 29, 2016). 2009-2013.xls (accessed February 1, 2016).

15 Tennessee v. Garner, 471 U.S. 1 (1985). 35 Ibid.
16 Ibid., p. 28. 36 D. W. Hayeslip and A. Preszler, NIJ initiative on less-than-
17 V. E. Kappeler, Critical issues in police civil liability, 3rd lethal weapons, NIJ Research in Brief (Washington, DC:
ed. (Prospect Heights, IL: Waveland, 2001), p. 72. National Institute of Justice, 1993).
18 Hegarty v. Somerset County, 848 F. Supp. 257 (1994), 37 Ibid.
p. 257. 38 T. Farragher and D. Abel, “Postgame police projectile kills
19 Hemphill v. Schott, 141 F.3d 412 (1998). an Emerson student,” Boston Globe, October 22, 2004,
20 J. Fyfe, Shots fired: An examination of New York City www.boston.com/news/local/massachusetts/arti-
Police firearms discharges (Ann Arbor, MI: University cles/2004/10/22/postgame_police_projectile_kills_an_
Microfilms, 1978). emerson_student (accessed January 29, 2016).
21 J. Fyfe, “Blind justice? Police shootings in Memphis,” 39 J. M. Cronin and J. A. Ederheimer, Conducted energy
paper presented at the annual meeting of the Academy devices: Development of standards for consistency and
of Criminal Justice Sciences, Philadelphia, March 1981. guidance (Washington, DC: Police Executive Research
Forum, 2006), https://www.bja.gov/Publications/CED_
22 W. Terrill and S. D. Mastrofski, “Situational and officer-
Standards.pdf (accessed January 29, 2016).
based determinants of police coercion,” Justice
Quarterly, vol. 19 (2002), pp. 215–48. 40 Ibid., p. 23.
23 A. Cohen, “I’ve killed that man ten thousand times,” 41 National Institute of Justice, Impact munitions use: Types,
Police Magazine, July 1980. targets, and effects (Washington, DC: National Institute
of Justice, 2004), p. 3.
24 For more information, see Joe Auten, “When police
shoot,” North Carolina Criminal Justice Today, vol. 4, no. 4 42 For some research in this area, see R. J. Kaminski,
(Summer 1986), pp. 9–14. S. M. Edwards, and J. W. Johnson, “Assessing the inca-
pacitative effects of pepper spray during resistive
25 Details for this story come from S. Slater, “Suicidal man
encounters with police,” Policing: An International Journal
killed by police fusillade,” Palm Beach Post, March 11,
of Police Strategies and Management, vol. 22 (1999),
2005, p. 1A.
pp. 7–29, and R. J. Kaminski, S. M. Edwards, and J. W.
26 R. Stincelli, Suicide by cop: Victims from both sides of the Johnson, “The deterrent effects of oleoresin capsicum
badge (Folsom, CA: Interviews and Interrogations Insti- on assaults against police: Testing the velcro-effect
tute, 2004). hypothesis,” Police Quarterly, vol. 1 (1998), pp. 1–20.
27 Slater, “Suicidal man killed by police fusillade.” 43 National Institute of Justice, The effectiveness and safety
28 A. J. Pinizzotto, E. F. Davis, and C. E. Miller III, “Suicide of pepper spray: Research for practice (Washington,
by cop: Defining a devastating dilemma,” FBI Law DC: National Institute of Justice, 2003), www.ncjrs.gov/
Enforcement Bulletin, vol. 74, no. 2 (February 2005), pdffiles1/nij/195739.pdf (accessed January 29, 2016).
p. 15. 44 Ibid., p. 10.
29 “Ten percent of police shootings found to be ‘suicide by 45 Ibid., p. 11.
cop,’” Criminal Justice Newsletter, September 1, 1998,
46 R. A. Leo, “Miranda’s revenge: Police interrogation as a
pp. 1–2.
confidence game,” Law and Society Review, vol. 30
30 R. J. Homant and D. B. Kennedy, “Suicide by police: A (1996), pp. 259–88, quote on p. 278.
proposed typology of law enforcement officer–assisted
47 Cited in R. Roberg, K. Novak, and G. Cordner, Police and
suicide,” Policing: An International Journal of Police Strat-
society, 3rd ed. (Los Angeles: Roxbury, 2005), p. 333.
egies and Management, vol. 23, no. 3 (2000),
See also Carter, “Theoretical dimensions in the abuse of
pp. 339–55.
authority by police officers,” in Police Deviance, 3rd ed.,
31 A. L. Honig, “Police-assisted suicide: Identification, inter- eds. Thomas Barker and David L. Carter (Cincinnati:
vention, and investigation,” Police Chief, October 2001, Anderson, 1994), p. 273.
pp. 89–93, quote on p. 93.
48 New York Times, “What Happened in Ferguson?,”
32 G. T. Williams, “Death by indifference,” Law and Order, http://www.nytimes.com/interactive/2014/08/13/us/
December 2003, pp. 66–69, quote on p. 67. ferguson-missouri-town-under-siege-after-police-shooting.
33 Graham v. Connor, 490 U.S. 386, 396–97 (1989). html?_r=0 (accessed January 29, 2016).
34 Ibid., p. 490.

Glossary
18 U.S.C. Section 3501 The U.S. Code designation area from within which he or she might have obtained
assigned to the Crime Control Act of 1968, which, among either a weapon or something that could have been used
other things, attempted to invalidate the Miranda as evidence against him or her.
decision.
assumption of risk A defense against state tort liability
18 U.S.C.A. Section 242 The most common federal stat- that provides that if a plaintiff voluntarily engaged in a
ute used to hold police officers criminally liable. dangerous activity that led to his or her injury, then the
police officer should not be held liable.
42 U.S.C. Section 1983 The federal statute that pro-
vides a remedy in federal court for the “deprivation of any August Vollmer (1876–1955) An early and especially
rights . . . secured by the Constitution and laws” of the effective advocate of police reform whose collaboration
United States. with the University of California established the study of
criminal justice as an academic discipline.
absolute immunity Protection from lawsuits enjoyed by
federal officials when acting in their official capacities. Bivens v. Six Unknown Named Agents The 1971 U.S.
Supreme Court ruling that held that federal law enforce-
abuse of authority A catchall category for various forms
ment officers can be sued for Fourth Amendment viola-
of inappropriate police conduct that do not necessarily
tions. The decision has since been expanded to include
amount to crime, deviance, or corruption.
liability for violations of constitutional rights embodied in
accepted lie A lie that is necessary in furthering the other relevant amendments.
police mission.
bobby The popular British name given to a member of Sir
accreditation Certification for having met all applicable Robert Peel’s Metropolitan Police Force.
requirements put in place by an accrediting body.
booking The process of fingerprinting, processing, and
administrative justification The standard for an adminis- photographing a suspect, after which he or she is typi-
trative search based on the fact that government entities cally placed in a holding cell. The suspect may also be
occasionally conduct searches in circumstances other required to submit to testing (such as for alcohol) or be
than criminal investigations, such as a sobriety check- required to participate in a lineup.
point set up for the purpose of apprehending drunk driv-
boundaryless policing Any of various technology-based
ers. Sometimes called special-needs or regulatory
intelligence efforts designed to combat crime and
searches, such searches attempt to achieve a balance
terrorism.
between protecting individuals’ privacy interests and pro-
tecting public safety. Bow Street Runners An early English police unit formed
under the leadership of Henry Fielding, magistrate of the
affirmative action The practice of taking proactive steps
Bow Street region of London. Also referred to as thief
to boost the presence of historically marginalized groups
takers.
(typically minorities and women) in the ranks of an orga-
nization by giving preference to members of those broken windows model A model of policing based on the
groups. notion that physical decay in a community (e.g., litter and
abandoned buildings) can breed disorder and lead to
affront According to John Van Maanen, the first of three
crime by signaling that laws are not being enforced. Such
steps police officers use in identifying an “asshole.” It
decay is thought to push law-abiding citizens to withdraw
occurs when an officer’s authority is questioned.
from the streets, which signals that lawbreakers can
Americans with Disabilities Act (ADA) U.S. legislation operate freely. The model suggests that by encouraging
passed in 1990 that forbids discrimination against the the repair of run-down buildings and by controlling disor-
disabled. derly behavior in public spaces, police agencies can cre-
ate an environment in which serious crime cannot easily
anthropometry A technique developed by Alphonse
flourish.
Bertillon in 1882 for identifying people based on
their body measurements. Also called Bertillon Bureau of Alcohol, Tobacco, Firearms, and Explosives
measurements. (ATF) A tax-collection, enforcement, and regulatory arm
of the U.S. Department of Justice.
arm-span rule A doctrine established by the U.S.
Supreme Court that limits a search incident to (i.e., bureaucracy The administrative structure of a large or
immediately following) arrest to the area “within [the] complex organization, typically employing task-specialized
immediate control” of the person arrested—that is, the bureaus or departments.
237
burnout The progressive loss of idealism, energy, purpose, investigates complaints against the police, adjudicates
and concern that results from the conditions of work. the complaints, and recommends punishment.
CalGang A sophisticated software database of known civilianization “A law enforcement agency’s hiring of non-
gang members that field officers in California can access sworn personnel to replace or augment its corps of sworn
quickly. GangNet is a modified version of the software officers” in an effort to reduce costs and improve
that is used nationwide. service.
centralized policing model The less prevalent model of clarification According to John Van Maanen, the second
state police organization, in which the tasks of major of three steps police officers use in identifying an “ass-
criminal investigations are combined with the patrol of hole.” It occurs when the officer attempts to ascertain
state highways. what kind of person he or she is dealing with.
chain of command The supervisory channel within a law code of ethics A statement of principles concerning the
enforcement organization. behavior of those who subscribe to the code.
checkpoint A location at which a warrantless, suspicion- college system A police academy training model
less search is constitutionally permissible in furtherance intended to enhance the professional aspects of police
of an overriding national or public-safety interest. training curricula by exposing trainees to problem solving,
National border entry points and sobriety checkpoints are sensitivity to marginalized groups, and other valuable top-
examples. ics in addition to required technical knowledge.
Christopher Commission The commission that studied color of law The condition that exists when an individual
the structure and operation of the Los Angeles Police acts in an official government capacity and with the
Department in the wake of the Rodney King beating appearance of legal power. Police officers, mayors, and a
incident. number of other government officials perform their duties
under color of law.
citizen complaint A document filed by someone who
believes that he or she has been wronged by one or more community era By most accounts, the contemporary era
police officers in a department. of U.S. law enforcement, which stresses service and an
almost customer-friendly approach to police work.
citizen patrol A preventive patrol program staffed by citi-
zen volunteers. community justice A relatively new and innovative set of
ideas about how the goals of the criminal justice system
citizen police academy A training experience that offers
can be achieved. It favors original, nontraditional
citizens an opportunity to learn about the policing profes-
approaches to crime control that draw heavily on input
sion and even to experience some of the same situations
and cooperation from the community.
that uniformed officers experience.
community policing A collaborative effort between the
civil disobedience Law-breaking used as a political tactic
police and the community that identifies problems of
to prove a point or to protest against something.
crime and disorder and involves all elements of the com-
civil law The branch of modern law that governs relation- munity in the search for solutions to these problems.
ships between parties.
comparative negligence A partial defense against state
civil service A system in which employees are hired, tort liability that examines who is to blame and assigns
retained, advanced, disciplined, and discharged on the liability accordingly.
basis of merit (i.e., their abilities and qualifications).
Compstat A goal-oriented police management process
civil service commission A federal, state, or local agency that relies heavily on computer technology and account-
charged with ensuring that employees in civil service ability of top-level administrators.
positions receive specific protections.
computer-aided drafting (CAD) A technology, adapted to
civilian input A model of civilian oversight of a police meet the needs of police officers and criminal investiga-
agency in which civilians receive and investigate com- tors, that facilitates the drafting of crime scenes on a
plaints, but the next steps are taken by the police computer so that they can be viewed three-dimensionally.
department.
conducted energy device (CED) A device that uses elec-
civilian monitor A model of civilian oversight of a police trical shock to incapacitate a suspect. Examples are the
agency that is similar to an ombudsman approach in which Taser and the Sticky Shocker. Also called electromuscu-
complaints are received by the police department and the lar disruption technology.
process, from beginning to end, is monitored by civilians.
consent decree A legal settlement in which one entity
civilian review One of the stronger models of citizen over- agrees to take certain actions or rectify a particular prob-
sight of a police agency in which a group of citizens lem without admitting to any illegality. Consent decrees
238 Glossary
are sometimes used in law enforcement following corrup- attacks on September 11, 2001, that combined the
tion scandals; a decree requires the police department to entire U.S. Border Patrol with portions of the U.S.
fix a particular problem and/or end a particular course of Customs Service, U.S. Immigration, and the Animal and
action. Plant Health Inspection Service. CBP was given the mis-
sion of controlling and protecting America’s borders and
constitutional rights violation Conduct that violates a
ports of entry, including international airports and interna-
specific constitutional provision.
tional shipping ports.
contingency theory A management theory that recog-
dactylography An early name for fingerprinting.
nizes that there are often different types of tasks within a
single organization, including repetitive tasks that call for damages Monetary compensation awarded to the plain-
standardization and control and nonrepetitive tasks that tiff in a successful civil lawsuit.
call for flexibility and participatory management.
deadly force Force that is likely to cause death or signifi-
contributory negligence A liability defense that holds cant bodily harm.
that if an officer can show that the plaintiff or someone
decentralized policing model A model of policing in which
else was also negligent in an event, the officer should
central governments exercise relatively few police powers
not be held liable. Contributory negligence can arise not
and in which the majority of police services are provided
only from the actions of a criminal suspect but also from
by separate local and regional agencies.
the actions of third parties.
democracy A form of government that vests supreme
corruption Dishonest or fraudulent conduct by public offi-
authority in the people, usually through their freely
cials in a position of power.
elected representatives.
council-manager form The most common form of city
deterrence theory A perspective that holds that crime
government in cities of more than 12,000 people. It con-
will be less likely to occur when the potential for getting
sists of an elected city council (usually between 5 and 12
caught outweighs any likely benefits from breaking the
people) responsible for all policy decisions for the city.
law.
Mayors under this form of municipal government gener-
ally perform ceremonial duties and serve as the voice— deviance Any behavior that is at odds with socially
and often the leader—of the city council. expected or accepted behavior.
crime peak A time of day when a particular crime deviant lie A lie that expressly violates the rules and
increases in frequency. legal requirements.
criminal intelligence A synergistic product intended to directed patrol A form of patrol that involves concentrat-
provide meaningful and trustworthy direction to law ing the police presence in areas where certain crimes are
enforcement decision makers about complex criminality, a significant problem.
criminal enterprises, criminal extremists, and terrorists.
distress A harmful form of stress that can threaten an
Also, a process that evaluates information collected from
individual’s functioning or overload his or her capacity to
diverse sources, integrates the relevant information into
cope with environmental stimuli.
a cohesive package, and produces a conclusion or esti-
mate about a criminal phenomenon by using the scien- dominion John Crank’s substitute for the term territorial-
tific approach to problem solving. ity, which refers to an officer’s sense of personal owner-
ship over the area for which he or she is responsible.
criminalistics The use of technology in the service of
criminal investigation; the application of scientific tech- double marginality A situation in which black officers
niques to the detection and evaluation of criminal treat black suspects harshly to gain the respect of their
evidence. white counterparts and to avoid giving the impression
that they are biased toward members of their own race.
critical incident An emergency situation that evokes
immediate police response and that takes priority over all dramaturgical discipline Achieving a balance between
other police work. merely reporting facts and putting a “spin” on those facts
to create a desired impression.
culpability The state of deserving blame or being morally
or legally responsible. Under the Section 1983 culpability dramaturgy In the law enforcement context, the act of
requirement, plaintiffs generally must prove that the putting on a display of high-mindedness.
defendant officer intended for the violation to occur.
Drug Enforcement Administration (DEA) The U.S. law
culture A set of shared values, norms, and behaviors enforcement agency tasked with enforcing controlled-
that form a way of life. substance laws and regulations.
Customs and Border Protection (CBP) The U.S. law dual federalism An interpretation of the U.S. Constitution
enforcement agency, established after the terrorist that suggests a system in which the only powers vested
Glossary 239
in the federal government are those explicitly listed in the exigent circumstances A situation that makes a warrant-
document, with the remaining powers being left to the less search constitutionally permissible, such as hot pur-
states. suit, the likelihood of a suspect escaping or presenting a
danger to others, and evanescent evidence.
due process of law A right guaranteed by the Fifth, Sixth,
and Fourteenth Amendments and generally understood, Federal Bureau of Investigation (FBI) The investigative
in legal contexts, to mean the due course of legal pro- arm of the U.S. Department of Justice.
ceedings according to the rules and forms established
federalism A political doctrine holding that power is
for the protection of individual rights. In criminal proceed-
divided (often constitutionally) between a central govern-
ings, due process of law is generally understood to
ing body (e.g., the federal government) and various con-
include the following basic elements: a law creating and
stituent units (the states).
defining the offense, an impartial tribunal having jurisdic-
tional authority over the case, accusation in proper form, field training officer (FTO) A veteran police officer tasked
notice and opportunity to defend, trial according to estab- with providing on-the-job training and performance cri-
lished procedure, and discharge from all restraints or tique during a rookie police officer’s initial assignment
obligations unless convicted. following graduation from the academy.
due process voluntariness approach A means for deter- Fifth Amendment An amendment to the U.S.
mining the admissibility of a suspect’s self-incriminating Constitution that establishes due process rights, includ-
statement based on whether it was made voluntarily. ing the right to remain silent in the face of criminal
Involuntariness is held to occur when, under the totality accusations.
of circumstances that preceded the confessions, the
defendant is deprived of his or her “power of resistance.” firearms training system (FATS) A full-size, fully inter-
active training device, not unlike flight and driving sim-
economic corruption Drug-related police corruption in ulators, that exposes police trainees to realistic
which an officer seeks personal gain by stealing drugs, shooting scenarios. The realism is enhanced by fully
selling drugs, or extorting money from drug dealers. encasing the trainees in a particular surrounding rather
than simply putting them in front of a television
equal employment opportunity Fair employment practices
screen.
mandated by Title VII of the Civil Rights Act of 1964.
first-page test A series of questions proposed by
Equal Employment Opportunity Commission (EEOC) The
Joycelyn Pollock that police officers can ask themselves
federal agency that is empowered by Title VII of the Civil
to reinforce professional ethical standards.
Rights Act of 1964 to “intervene on behalf of affected
individuals,” to “file suit against businesses or govern- focused patrol A form of patrol that focuses police
mental entities in cases of discrimination,” to intervene efforts on certain problems, locations, or times.
in cases of alleged sexual harassment, and to investi-
gate cases of employer retaliation. foot patrol The oldest method of police patrol, which
entails officers walking through neighborhoods. Foot
eustress A positive form of stress that does not threaten patrol tends to enhance rapport between citizens and
or harm the individual but is pleasurable, challenging, or officers, but it clearly limits an officer’s ability to give
exciting. chase if the need arises.
evanescent evidence Evidence that is likely to disappear force continuum The spectrum of force available to a
quickly. police officer, from the absence of physical force to the
use of a deadly weapon.
evidence-based policing The use of the best available
research on the outcomes of police work to implement force factor The level of force used by a police officer rel-
guidelines and evaluate agencies, units, and officers. ative to the suspect’s level of resistance.
excessive force The application of an amount and/or fre- forensic evidence Physical evidence whose usefulness in
quency of force greater than that required to compel com- a court of law may not be immediately apparent to an
pliance from a willing or unwilling subject. untrained observer but can be demonstrated through the
application of accepted scientific techniques.
excited delirium A condition in which a suspect experi-
ences an overdose of adrenaline during a heated con- Fourth Amendment The amendment to the U.S.
frontation with the police. Constitution that governs search and seizure.
exclusionary rule A rule mandating that evidence frankpledge system The ultimate outgrowth of the night
obtained in violation of the U.S. Constitution cannot be watch system of social control, dating to the twelfth cen-
admitted in a criminal trial. The exclusionary rule is an tury, in which ten households were grouped into a tithing,
important mechanism for ensuring the accountability of and each adult male member of the tithing was held
police officials. responsible for the conduct of the others.
240 Glossary
Frederick W. Taylor (1856–1915) A classical organiza- interfering with an individual’s work performance or creat-
tional theorist who posited that worker productivity could ing an intimidating environment.”
be increased through careful attention to how work was
hot-pursuit exception One exception to the Fourth
allocated and who performed what functions.
Amendment’s warrant requirement, recognized by the
fruit of the poisonous tree doctrine An expansion of the U.S. Supreme Court in Warden v. Hayden (1967). The
scope of the exclusionary rule that requires the exclusion hot-pursuit doctrine provides that police officers may
of any secondary evidence (such as a confession) that enter the premises where they suspect a crime has been
derives from evidence originally obtained in violation of committed or a perpetrator is hiding without a warrant
the U.S. Constitution. when delay would likely endanger their lives or the lives
of others and possibly lead to the escape of the alleged
functional equivalent of a question Any words or actions
perpetrator.
on the part of the police (other than those normally atten-
dant to arrest and custody) that the police should know hot spot A concentrated area of significant criminal activity,
are reasonably likely to elicit an incriminating response such as a street corner known for its prostitution traffic.
from the suspect.
hot time A period during the day when crime is particu-
fusion center An intelligence-gathering unit, often consti- larly problematic, such as after dark on a Friday night.
tuted as a collaborative effort that serves various
Illinois Crime Survey A series of influential reports, pub-
agencies.
lished in 1929, on homicide, juvenile justice, and justice
geographic profiling Using crime-mapping technology to operations in Chicago that criticized the corrupt political
identify the likely whereabouts or residences of repeat or influence on the justice system.
serial offenders.
Immigration and Customs Enforcement (ICE) The larg-
government action In the context of search and seizure est investigative component of the federal Department of
law, one of two elements that must be considered when Homeland Security. ICE focuses specifically on illegal
defining a Fourth Amendment search. (The other element immigration.
is a reasonable expectation of privacy.) Government
impact munitions Munitions designed to stun or other-
actions consist of measures to effect a search under-
wise temporarily incapacitate a suspect or a dangerous
taken by someone employed by or working on behalf of
individual so that law enforcement officers can subdue
the government.
and arrest that person with less risk of injury or death to
Graham v. Connor The 1989 U.S. Supreme Court case in themselves and to others.
which the Court declared that claims of excessive non-
impression management A media relations concept that
deadly force must be judged under the Fourth
involves controlling the presentation of information to
Amendment’s reasonableness clause.
achieve a desired public perception.
grass eater A police officer who accepts small gifts and
injunctive relief A court order to bring injurious or offen-
engages in minor acts of deviance but does not actively
sive action to a halt.
pursue opportunities for corruption.
institution An organizational structure through which val-
gratuity Something of value that is freely given to police
ues and norms are transmitted over time and from one
officers simply because they are police officers.
location to another within a society.
Examples include a cup of coffee, a lunch, or a “police
price” discount on a meal or other service. institutional value A sense of agreement within a particu-
lar culture about how to accomplish a valued objective.
Henry Fielding (1707–1754) An English magistrate who
founded what some have called London’s first police intelligence Information that has been analyzed and inte-
force, the Bow Street Runners. grated into a useful perspective.
Homeland Security Act of 2002 U.S. legislation enacted intelligence-led policing The collection and analysis of
after the terrorist attacks of September 11, 2001, that cre- information to produce an intelligence end product
ated the cabinet-level Department of Homeland Security. designed to inform police decision making at both the
tactical and the strategic level. Also called intelligence-
Homicide Investigation and Tracking System (HITS) A
driven policing.
geographic profiling system that ties various databases
together (gang files, sex offender registries, parole intentional tort An action that is highly likely to cause
records, and department of motor vehicle records) to injury or damage.
facilitate simultaneous database searches.
internal affairs An investigative agency within a police
hostile work environment A form of sexual harassment department that is tasked with investigating allegations
involving situations in which unwelcome sexual contact of misconduct or criminality by members of the
and comments have the effect of “unreasonably department.
Glossary 241
International Association of Chiefs of Police Metropolitan Police Act The legislation adopted by the
(IACP) Founded in 1893, the best-known association for British Parliament in 1829 that established the world’s
law enforcement professionals. first large-scale organized police force in London.
International Police Association (IPA) Founded in 1950, Miranda rights The set of rights that a person accused
the largest police professional association in the world. or suspected of having committed a specific offense has
during interrogation and of which he or she must be
International Union of Police Associations (IUPA) An
informed prior to questioning, as stated by the U.S.
international police association, founded in 1954 and
Supreme Court in Miranda v. Arizona (1966) and related
chartered by the AFL-CIO, that represents all rank-and-file
cases.
officers and functions more as a lobbying group than as
a professional association. Mollen Commission A commission appointed by New
York City Mayor David N. Dinkins in 1992 to investigate
Joint Terrorism Task Force (JTTF) An FBI-sponsored
allegations of police corruption in the New York City
group composed of federal, state, and local law enforce-
Police Department.
ment personnel who are brought together to focus on a
specific threat. money laundering The process by which criminals or
criminal organizations seek to disguise the illicit nature
justification The focus of a court’s examination of the
of their proceeds by introducing them into the stream of
reasonableness of a search or seizure.
legitimate commerce and finance.
Knapp Commission A commission to investigate police
municipal police department One of the types of local
corruption that was appointed by New York City Mayor
law enforcement agencies in the United States.
John V. Lindsay in 1970 in response to a New York Times
Specifically, the law enforcement agency that serves a
article that reported widespread corruption in the New
municipality.
York City Police Department.
National Black Police Association The parent associa-
Lawrence W. Sherman A noted police researcher, and
tion, founded in 1972, for local and regional associations
contemporary proponent of evidence-based policing.
of African-American police professionals.
legal abuse Any violation of a person’s constitutionally,
National Criminal Intelligence Sharing Plan (NCISP) A
federally, or state-protected rights.
formal intelligence-sharing initiative that addresses the
less lethal weapon A weapon that is designed to disable, security and intelligence needs recognized after the tragic
capture, or immobilize rather than kill. events of September 11, 2001. It describes a nationwide
communications capability that will link together all levels
local agency One of the three levels of law enforcement
of law enforcement personnel, including officers on the
activity in the United States—the other two being state
streets, intelligence analysts, unit commanders, and
and federal—that encompasses organizations like
police executives, for the purpose of sharing critical data.
municipal police departments, sheriff’s departments,
and other lesser-known agencies (including campus negligence tort A liability claim that must demonstrate
police, transit police, and specialized agencies at public that a legal duty existed between the officer and the
schools, airports, state capitols, medical facilities, state plaintiff, that a breach of that duty occurred, that a proxi-
parks, certain prosecutors’ offices, and others). mate (direct) causation between the officer’s actions and
Together, the personnel in these local agencies far out- the alleged harm resulted, and that actual damage or
number all state and federal law enforcement officials injury occurred.
combined.
noble-cause corruption Any corruption that occurs in con-
Max Weber (1864–1920) A classical organizational the- nection with the goal of getting criminals off the streets
orist, widely acknowledged as the father of bureaucracy, and protecting the community.
who identified five principles that he suggested are char-
nondeadly force Force that is unlikely to cause death or
acteristic of an effective bureaucratic organization.
significant bodily harm.
mayor-council form A form of municipal government that
nonsworn personnel Support staff members of a law
can be categorized in two ways. The strong-mayor varia-
enforcement agency who are not empowered to make
tion gives the mayor almost limitless authority over city
arrests.
operations, including the hiring and dismissal of key offi-
cials. In the weak-mayor variation, which is more common norm A rule or expectation for behavior that characterizes
in small towns, the mayor serves largely at the behest of a particular social group.
the city council.
objective reasonableness A standard, used to determine
meat eater A police officer who actively seeks out and whether qualified immunity applies, that looks at how a
plans opportunities to exploit his or her position for per- reasonable person would have acted under a given set of
sonal gain. circumstances.
242 Glossary
occupational deviance Behavior performed under the plebe system A police academy model that closely paral-
guise of police authority that either does not conform to lels a military-style boot camp and that aims to produce
accepted standards of conduct or is not part of normal well-groomed and disciplined officers.
patrol work.
police commission An agency maintained in some large
Office of Community Oriented Policing Services (COPS cities that acts like a corporate board of directors, setting
Office) An agency within the U.S. Department of Justice policy and overseeing the police department’s operations.
tasked with administering and supervising federal funds
police corruption The misuse of police authority for per-
allocated to improve community policing capabilities.
sonal or organizational gain.
organization A group in which individuals work together police crime An officer’s use of the official powers of his
to accomplish specified tasks or goals. or her job to engage in criminal conduct.
Orlando Winfield “O. W.” Wilson (1900–1972) A police officers’ bill of rights A police agency’s formal
Progressive Era reformer, professor of police administra- statement of the rights of officers who are accused of
tion, and protégé of August Vollmer whose writings and misconduct.
teachings continue to influence contemporary U.S. law
enforcement. police sexual violence A sexually degrading, humiliating,
violating, damaging, or threatening act committed by a
paradox of policing A phenomenon in which a police offi- police officer against a (usually female) citizen through
cer’s fear of being injured or killed is stronger than is jus- the use of force or police authority.
tified by actual rates of injury or death within the profession.
police subculture The shared values and norms and the
parish Under the frankpledge system, a group of ten tith- established patterns of behavior that tend to characterize
ings. Also referred to as a hundred. policing; also called police culture.
participatory management A form of leadership that police training officer (PTO) program A police training
allows subordinates to participate in decision making and method that focuses on developing an officer’s learning
planning, especially with regard to the manner in which capacity, leadership, and problem-solving skills.
their own units are operated.
police violence In the context of drug investigations, the
particularistic perspective The view that individual offi- use of improper physical force to extract a confession or
cers differ from one another in various ways, including to obtain evidence.
values, role orientation, and preferred styles of policing.
political era The period of American policing during the
patronage system A system of hiring in which decisions late nineteenth and early twentieth centuries during
are based more on an individual’s political support for an which police forces served more to regulate crime pursu-
officeholder than on his or her abilities and qualifica- ant to the wishes of corrupt politicians (who used patron-
tions. Patronage was common in police agencies during age to give police jobs to handpicked loyalists) than to
the political era. control crime in the interests of the public good.
pepper spray A so-called lachrymatory (inflammatory) posttraumatic stress disorder (PTSD) A condition that
agent that causes irritation to the eyes and skin. Also sets in following a traumatic event with which the sufferer
called oleoresin capsicum. cannot cope. It has been described as an event outside
the usual human experience—one that is experienced in
person inventory The search of an arrestee and his or
a markedly distressing way, with intense fear, terror,
her personal items, including containers found in his or
bewilderment, and a sense of helplessness.
her possession, as part of a routine inventory that is inci-
dent to the booking and jailing procedure. Often called predatory corruption A form of police corruption that con-
arrest inventory. sists of more than just passive participation (e.g., looking
the other way while a fellow police officer commits a
perversion of justice A kind of police corruption that con-
crime). In predatory corruption, officers actively promote
sists of serious actions by a police officer, such as lying
and engage in criminal and other wrongful activities.
under oath (perjury), intimidating a witness, and perform-
ing other activities that resemble combative corruption. predictive policing The use of analytical techniques to
identify likely targets for criminals and prevent crime.
pin map An early crime-mapping technique that used col-
ored pins to track criminal events on a map of the police pretext stop A traffic stop based on more than one
department’s jurisdictional area. motive. For example, an officer stops a vehicle for a legit-
imate reason but is also suspicious about the driver.
plain-view doctrine The rule that the police may seize evi-
dence without a warrant if they have lawful access to the preventive patrol The practice of canvassing neighbor-
object and it is immediately apparent (i.e., they have hoods in an effort to discourage people from committing
probable cause) that the object is subject to seizure. crime.
Glossary 243
private policing The acquisition and use of security prod- quasi-military An organizational structure that follows the
ucts and services, as well as the application of special- military model to some extent, but with subtle
ized knowledge in areas like crime control, investigation, differences.
and risk management, by nonsworn personnel.
quid pro quo harassment A form of sexual harassment
private security The industry that provides for-profit secu- that generally involves a demand for sexual favors in
rity products and services, which include three broad cat- exchange for some perk or benefit, such as a promotion
egories: the provision of guards, equipment, and or a favorable job assignment.
investigative or consulting services.
racial profiling The use of discretionary authority by law
probable cause A set of facts and circumstances that enforcement officers in encounters with minority motor-
would induce a reasonably intelligent and prudent person ists, typically within the context of a traffic stop, that
to believe that another particular person has committed results in the disparate treatment of minorities.
a specific crime. Probable cause is the only justification
racial quota A requirement for hiring and promoting a
for search and seizure mentioned in the Fourth
specified number of minorities.
Amendment.
reasonable expectation of privacy In the context of
problem police officer An officer who exhibits problem
search and seizure law, one of two elements that must
behavior, as indicated by a large number of citizen com-
be considered when defining a Fourth Amendment
plaints, frequent involvement in use-of-force incidents,
search. (The other element is government action.) A rea-
and other evidence.
sonable expectation of privacy means that people who
problem-oriented policing A method of policing that is speak or act in private can reasonably expect that what
geared toward identifying and solving problems within a they say or do will not be seen or heard by someone
community that are particularly troublesome and then else.
crafting creative solutions to them. Also called problem-
reasonable suspicion A belief, based on a consideration
solving policing.
of the facts at hand and on reasonable inferences drawn
protective sweep A permissible cursory visual inspection from those facts, that would induce an ordinarily prudent
of places in which a person might be hiding. A protective and cautious person under the same circumstances to
sweep may be conducted by police up to the point of an conclude that criminal activity is taking place or that crim-
arrest but must be supported by reasonable suspicion. inal activity has recently occurred. Reasonable suspicion
is the standard for less intrusive stop-and-frisk searches;
public information officer A police department’s spokes-
it is less than probable cause but more than a hunch.
person. The media must go through the public informa-
tion officer to gather information about the department. reasonableness The elements of a situation that serve to
justify a search or seizure.
public-duty defense A legal defense that shields a
police officer from criminal liability in situations in which reform era The period of American policing during the
he or she is legally performing an assigned or implied early to mid-twentieth century, during which efforts were
public duty and engages in a necessary and reasonable made to professionalize police forces and to eliminate
action that, for ordinary citizens, would be considered a the influence of corrupt politicians.
crime.
remedy According to John Van Maanen, the last of three
public-duty doctrine A doctrine stating that police protec- steps police officers use in identifying an “asshole.” It
tion (like any other government function) is owed to the consists of the officer’s response to an affront.
general public, not to individuals. Police officers have
response time The time it takes for police officers to
used the public-duty doctrine as a liability defense.
respond to a call for service.
qualified immunity A liability defense that shields a
reverse discrimination Discrimination against nonminori-
police officer who has acted in an objectively reasonable
ties that occurs when the hiring and promotion of minori-
fashion as long as he or she did not violate clearly estab-
ties are based more on race than on any other criterion.
lished rights that a reasonable person would have
known. Qualified immunity is an outgrowth of various U.S. rogue A seriously deviant officer.
Supreme Court decisions.
rotten apple theory A perspective that attributes police
quality circle A group of qualified employees from all deviance primarily to a few individuals whose propensity
ranks who work together, often around one table, to toward corruption was not recognized during the recruit-
solve organizational problems. ment and hiring phases.
quality-of-life offense A minor law violation that demoral- saturation patrol A form of patrol that involves concen-
izes residents and businesspeople by creating disorder. trating the police presence in a certain area in an effort
Sometimes called petty crime. to catch criminals and to deter would-be offenders.
244 Glossary
search incident to arrest A warrantless search made at state tort liability An important avenue of redress for
the time of or shortly following an arrest, which is con- plaintiffs whose minor injuries, allegedly resulting from
ducted out of a concern for the safety of the arresting negligent acts or misconduct by the police, are not serious
officer and others. enough to make Section 1983 litigation a viable option.
search An activity performed in order to find evidence to stop and frisk The detaining of a person by a law
be used in a criminal prosecution. enforcement officer for the purpose of investigation,
accompanied by a superficial examination by the officer
seizure The confiscation of one’s person (arrest) or prop-
of the person’s body surface or clothing to discover
erty by a government agent.
weapons, contraband, or other objects relating to crimi-
sexual harassment Unwelcome sexual advances, nal activity.
requests for sexual favors, and other verbal or physical
straight shooter An honest police officer who will over-
conduct of a sexual nature.
look some misconduct committed by peers.
sheriff’s department One of the types of local law
enforcement agencies in the United States. Specifically, straightforward corruption Any form of police miscon-
the law enforcement agency that serves a county or duct that provides direct financial benefit to police
parish. officers.
sheriff The modern-day term for the Old English shire- strategic intelligence A type of intelligence that provides
reeve. In the United States today, the senior law enforce- information to decision makers about the changing
ment official in a county. nature of threats, enabling them to develop response
strategies and reallocate resources for effective threat
shire Under the frankpledge system, a collection of sev- prevention.
eral parishes.
street environment One of two settings identified by John
shire-reeve The Old English term for sheriff. Literally, “the Crank (the other is the traffic stop) in which police offi-
keeper of the shire.” cers perform daily tasks that involve interaction with ordi-
Sir Robert Peel (1788–1850) A former British home sec- nary citizens and with other criminal justice
retary whose criticisms of the state of policing in London professionals.
led to the passage of the Metropolitan Police Act and the stress Anything that places a positive or negative adjus-
establishment of the world’s first large-scale organized tive demand on an organism.
police force in that city in 1829.
subculture Cultural patterns that distinguish some seg-
sixth sense A healthy sense of suspicion; the experience- ment of a society’s population.
based ability to intuit when something is amiss.
subjugation of defendants’ rights In the context of drug
slave patrol A crude form of private policing, often carried investigations, an officer’s lying or committing perjury or
out by citizen volunteers. Slave patrols were created in fabricating evidence in the name of securing a drug
the eighteenth century to apprehend runaway slaves and conviction.
to ensure that slaves did not rise up against their
owners. sudden peril A defense against state tort liability that is
used for cases in which police officers were required to
smart policing A systemwide and strategic view of police make split-second decisions.
operations that includes consideration of causal factors
of crime, system impact of police actions, partnerships suicide by cop An incident in which an individual who is
with community organizations to support crime-prevention determined to die engages in behavior meant to provoke
activities, and more effective policing that stresses inte- responding officers to resort to deadly force.
gration of analytics, evidence-based practices, and
sworn personnel Members of a law enforcement agency
emerging technology tools into ongoing police operations.
who are empowered to make arrests.
solidarity The tendency among police officers to stick
systems perspective A view of organizational style,
together and associate with one another.
rooted in biology, that posits that organizations are living
span of control The number of subordinates supervised organisms that strive for a state of equilibrium, or bal-
by one person. ance, and that affect or are affected by their
environment.
split-second syndrome A condition confronting police offi-
cers that involves three central features of policing—the tactical intelligence A type of intelligence that includes
urgency of police–citizen encounters, the involuntariness gaining or developing information related to threats of ter-
of such encounters, and a public setting—all of which rorism or crime and using this information to apprehend
combine to place officers in the position of having to offenders, harden targets, and use strategies that will
make quick on-the-spot decisions. eliminate or mitigate the threat.
Glossary 245
Taking Command Initiative A project undertaken by the U.S. Marshals Service (USMS) The oldest American
International Association of Chiefs of Police to assess law enforcement agency. Its mission includes judicial
the current state of homeland security efforts in the security and fugitive investigation and apprehension.
United States and to develop and implement the actions
universalistic perspective The view that all police offi-
needed to protect American communities from the spec-
cers are similar and that they exhibit some of the
ter of both crime and terrorism.
same characteristics and behavior patterns.
Tammany Hall The corrupt Democratic Party political
use corruption Drug-related police corruption that con-
“machine” that operated in New York City in the late
sists of an officer’s personal use of illicit drugs.
nineteenth and early twentieth centuries and that used
patronage to control city operations. use of force The use of physical restraint by a police
technical training model A police academy training model officer when dealing with a member of the public.
that emphasizes the technical aspects of police work and value A standard of goodness, desirability, behavior,
provides little or no training in such nontechnical areas as beauty, or interaction that serves as a guideline for liv-
stress management, interaction with difficult people, ing within a particular culture.
problem solving, and sensitivity to marginalized groups.
vehicle inventory A warrantless inventory of a vehicle
Tennessee v. Garner The 1985 U.S. Supreme Court case that is permissible on administrative or regulatory
that specified the conditions under which deadly force grounds. Vehicle inventories must follow a lawful
could be used to apprehend suspected felons. impoundment, must be of a routine nature, must fol-
territorial imperative The sense of obligation, even pro- low standard operating procedures, and must not be a
tectiveness, that develops in officers who routinely patrol pretext that attempts to conceal an investigatory
the same area. search.
Texas Rangers A militia originally formed by Stephen F. Violent Crime Control and Law Enforcement Act of
Austin in 1823 to protect the territory of Texas against 1994 The U.S. legislation that established the Office
Native American raids, criminals, and intruders. Today, of Community Oriented Policing Services (the COPS
the Rangers serve as part of the Texas Department of Office) in the U.S. Justice Department.
Public Safety. watchman An early officer on foot patrol who, during
theory of liability Reasons offered as to why a particular the hours of darkness, watched for fires and criminal
person or other entity should be held answerable under activities. Upon detecting such events, the watch-
law for some action. man’s role was to sound the “hue and cry” to evoke a
defensive response from the citizenry. This style of
thief taker An alternative name for Henry Fielding’s Bow policing dates back to the early to mid-eighteenth cen-
Street Runners. tury in England.
third degree A formerly common coercive interrogation weapons continuum The array of nonlethal and lethal
technique that combined psychological pressures with weaponry available to police officers, the selection of
physical force. which depends on the situation.
third-party policing A recently coined term that describes white knight An honest and upstanding officer who
police efforts to persuade or coerce nonoffending per- never steps over the line between accepted and devi-
sons to take actions that are outside the scope of their ant conduct, no matter how great the pressure to
routine activities and that are designed to indirectly mini- do so.
mize disorder caused by other persons or to reduce the
possibility that crime may occur. Wickersham Commission A commission appointed by
President Herbert Hoover in 1929 to investigate the
tithing Under the frankpledge system, a group of ten operations and problems of the criminal justice sys-
households. tem. Formally known as the National Commission on
tolerated lie A lie that is used to defend a questionable Law Observance and Enforcement.
discretionary decision.
William M. “Boss” Tweed (1823–1878) A corrupt
trace evidence Minute, nearly invisible evidence of a crime American politician who became notorious as the pow-
that would escape all but the most skilled investigators. erful leader of New York City’s Tammany Hall.
246 Glossary
Name Index
A Bopp, W. J., 3 Comey, James B., 105, 158, 161
Abel, D., 227 Bordua, D., 20 Condon, R., 19
Adams, Kenneth, 221 Bouza, Anthony, 86 Conser, J. A., 192
Albrect, S., 19 Bradford, D., 61 Coomes, Lisa F., 188
Alex, N., 64 Brady, E., 150 Cordner, G. W., 132, 133, 231
Allen, David N., 80 Braga, A. A., 150 Cordner, Gary, 99, 101, 133, 133
Alpert, Geoffrey P., 62, 84, 94, 100, 101, Bratton, William J., 22, 150 Correia, Mark E., 20, 134
102, 103, 118, 118, 119, 133, 133, 190, Brennan, William, 174, 195 Costello, R., 24
191, 205, 214, 221, 223, 223 Brito, C. S., 137 Council on Foreign Relations, 157
Al-Zawahiri, Ayman, 40 Broderick, J. J., 61 Coxey, G., 60
Anderson, D., 64 Brooks, L. W., 101, 103 Crank, John P., 77, 78, 79, 80, 81, 82, 83,
Anderson, Mark, 198 Brown, Charles E., 115 85, 86, 100, 211
Angell, John E., 9, 51, 131, 196 Brown, Michael K., 93, 96, 97, 99, 100, Cronin, J. M., 101, 228
Annan, S. O., 135 101, 232 Cullen, Francis, 20, 84
Archer, Edward, 76 Brown, R., 5 Cunningham, W. C., 51
Armitage, G., 3 Browning, F., 4
Arpaio, Joe, 53 Bucqueroux, B., 137
Arpaio, Sheriff, 53 Buerger, Michael, 139, 140 D
Aryani, G. A., 138 Bumphus, V. W., 138, 191 Daley, Richard, 9
Ashcroft, John, 158 Bureau of Justice Statistics, 148 Davis, E. F., 226
Associated Press, 22 Bureau of Labor Statistics, 83 Davis, E. M., 101
Austin, Stephen, 5 Burke, T. T., 181, 181 Davis, K. C., 94
Ayers, E. L., 4 Burns, D. E., 64 Davis, M., 134
Burns, T., 50 Davis, R. C., 135, 215
Byrnes, Thomas F., 7 Day, F. D., 3, 49
Decker, S. H., 117, 190, 192
B DeForest, P. R., 121
Bahl, R. W., 115
Delacruz, V., 193
Bahn, C., 87 C Denyer, T., 19
Baldwin, Lola, 64 Caldero, M., 100, 211
Derby, Wade J., 58
Barker, Thomas, 87, 205, 207, 209 Califana, A. L., 121
Dewey, John, 62
Barrows, Howard, 62 Calnon, Jennifer M., 117
Diamond, D., 137
Batton, C., 117 Cameron, S., 115
Diekman, Duane, 115
Bayley, D. H., 3, 19, 83, 94, 115 Cao, L., 20
Dizon, N. Z., 59
Beck, Charlie, 157 Caracappa, Stephen, 205
Douglas, J., 196
Becker, R., 197 Carlson, J. M., 24
Dunham, R. G., 62, 94, 101, 102, 133, 133,
Behar, R., 51 Carr-Hill, R. A., 115
190, 191, 214, 223, 223
Bellah, J., 113 Carrick, G., 116
Dunworth, Terence, 112
Bennett, T., 137 Carroll, L., 137
Durose, M. R., 223, 224
Berg, B. L., 2 Carson, S., 67
Berkeley, G. E., 64 Carter, David L., 87, 152, 210
Berkin, George, 16 Carter, I. D. L., 152, 153
Bertalanffy, L., 50 Casanova, M., 150 E
Beruvides, Felix, 211 Cauvin, H. E., 118 Earp, Morgan, 10
Biafora, F., 24 Chalfin, Aaron, 37 Earp, Wyatt, 10
bin Laden, Osama, 40 Chambers, Teresa, 23 Eastman, W. E., 193
Birzer, M. L., 195 Chamelin, N. C., 119, 121 Ederheimer, J. A., 228
Bittner, Egon, 81, 82, 85, 94 Chapin, B., 4 Ehrlich, H., 20
Bizzack, J. W., 193 Chermak, S. M., 101 Eith, C., 223, 224
Black, D., 98, 102, 103 Chiuchiolo, M., 197 Ellison, F., 123
Blackmore, J., 66 City of San Diego, 22 Engel, Robin S., 117
Blakely, C. R., 138 Clanton, Billy, 10 Eppolito, Louis, 205
Bloch, P., 64 Clinton, William (Bill), 24, 114 Equal Employment Opportunity Commission
Bloom, Benjamin, S., 62 Cohen, Anne, 226 (EEOC), 63, 70
Blumberg, A. S., 102 Cohen, J., 66 Ericson, R., 102
Bohm, Robert M., 135 Coleman, Stephen, 209 Esbensen, F., 137
Bonello, E. M., 138 Coles, C. M., 119 Estevez, Menelao, 211
Bonifacio, P., 86 Collins, S. C., 68 Evans, W. N., 115
247
F Gustely, R. G., 115 Jeffers, H. P., 7
Falcone, D., 20 Guyot, D., 77, 134 Jensen, Carl J., 156
Farenholtz, D., 60 Jeserich, Paul, 121
Farragher, T., 227 Jesilow, P., 20, 64, 65
Faurot, Joseph, 121 H Joh, Elizabeth, 50, 51, 52
Feagin, J. R., 102 Haarr, Robin N., 66 Johnson, C. C., 133
Federal Bureau of Investigation (FBI), Hadar, I., 20 Johnson, C. S., 64
37, 40, 84, 158, 160, 161, 169, 212, 224 Hakim, S., 115 Johnson, H., 197
Feldberg, M., 123 Hale, C. D., 111 Johnson, J., 196
Felson, M., 79, 115 Hall, J. C., 52, 225 Jones, James, 121
Fessler, D. R., 134 Handcock, B., 102 Jordan, Robert J., 69, 158
Fielding, Henry, 3, 121 Harcourt, B. E., 119 Jordan, W. T., 138
Fielding, John, 3 Harrell, A. V., 120
Fine, J. C., 113 Harries, K., 150
Fletcher, C., 86 Harrigan, Keith, 69
Flynn,, D. W., 134 Harris, D. A., 102 K
Fogelson, R. M., 205 Hartnett, S. M., 132 Kadleck, C., 117
Forst, B., 135, 138 Havemeyer, William, 5 Kappeler, Victor E., 84, 86, 95, 102, 111,
Fosdick, R. B., 5 Hawkins, R., 19 197, 205, 206,209, 210, 224
Frank, J., 20, 64, 103 Hayeslip, D. W., 132, 227 Karoliszyn, Henrick, 111
Freeh, Louis, 24 He, N., 97 Keller, O., 20
Friedrich, R. J., 103 Henderson, N. J., 215 Kelling, George L., 6, 93, 101, 115, 119,
Friel, C. M., 138 Herring, Bennie Dean, 198 132, 137
Friery, R. N., 87 Hess, Karen M., 119, 120, 123 Kennedy, D. B., 226
Fuhrman, Mark, 207 Hewitt, Brian, 211 Kennedy, Robert F., 17
Fuller, John, 113 Hickman, M. J., 64 Kenney, Dennis J., 68, 137, 221
Furstenberg, F., 19 Hill, Anita, 68 Kerstetter, W. A., 190
Fyfe, James J., 85, 193, 222, 225 Hill, S. J., 193 Kessler, R. C., 115
Hilson, J., 138 Khanna, R., 80
Hoffmaster, D., 101 King, Rodney, 135, 221, 230
Holliday, John H. “Doc,” 10 Kleinig, J., 204
G Hollywood, John S., 111, 149 Klien, J. R., 101
Gaensslen, R. E., 121
Holms, S. T., 135 Klinger, D. A., 101, 102
Gaines, L. K., 138, 197
Homant, R. J., 226 Klitgaard, R., 214
Gallati, R. R., 3, 49
Honig, A. L., 226 Knapp, Whitman, 205
Garczynski, John T., Jr., 226
Hoover, Herbert, 8 Knowles, M., 62
Gardiner, J. A., 99
Hoover, J. Edgar, 40 Knowles, Malcolm, 62
Garland, D., 132
Hoover, Larry, 151 Koetzle, D., 150
Garner, Edward, 224
Huff, C. R., 115 Kovandzic, T. V., 115
Garner, J. H., 223
Hunt, Priscillia, 111 Kraska, Pete B., 102, 209, 210
Garner, Randall, 151
Hurdle, Jon, 76 Kravets, David, 58
Geller, W. A., 83, 133
Hurley, D. C., 137 Kuhns, J. B., 66
Gerassi, J., 4
Hurst, Y. G., 103 Kunkel, W., 3
Germann, A. C., 3, 49
Hutcherson, Kimberly, 53 Kuykendall, J. L., 50, 64
Gilbert, M. J., 52
Girodo, M., 123
Giuliani, Rudolph W., 22, 135
Glazer, E., 29 I
Glensor, R. W., 62 Illinois Association for Criminal Justice, 8 L
Goddard, Calvin, 121 Ingleton, Roy, 3 Lab, S. P., 112
Goddard, Henry, 121 International Association of Chiefs of Police Lambert, David, 155
Goldsmith, A. J., 190 (IACP), 26–27, 150, 157, 209 Land, K. C., 115
Goldstein, Herman, 131 International Police Association (IPA), 27 Landrum, L. W., 64
Gosnell, H. F., 64 International Union of Police Associations Langworthy, Robert H., 112
Green, M., 19 (IUPA), 27 Lankevich, G. L., 5
Greenberg, D. F., 115 Ivkovich, S. K., 19 Larose, A. P., 100
Greene, J. R., 132, 134 Larson, R. C., 115
Greenwood, P. W., 121 Lattes, Leone, 121
Grencik, J., 66 Laycock, G., 135
Grennan, S., 65 J Leach, N. R., 66
Griffiths, C., 20 Jacob, H., 20 Lee, H. C., 121
Groff, Elizabeth R., 137 Jacobs, J., 66 Lee, W. L. M., 3
248 Name Index

Leinen, S., 64 Miller, W., 5 Perez, D. W., 192, 196
Leo, R. A., 230 Milton, C., 64 Perez, Rafael A., 211
Leonard, V. A., 58 Monkkonen, E. H., 7 Perez-Penajan, Richard, 76
Lersch, K. M., 102, 211, 212 Moody, Carlisle E., 115 Perry, W. L., 149
Levin, Bud, 159 Moore, M. H., 6, 134, 135, 150 Petersilia, J., 121
Levitt, S., 115 Morash, Merry, 66 Peterson, Marilyn B., 152, 153, 154
Levkov, J. S., 121 More, H. W., 58 Phillips, C. D., 101
Lieberman, J. D., 150 Morehouse, B., 154 Pinizzotto, A. J., 226
Lifsher, M., 59 Morris, C., 5 Piquero, A. R., 64, 101
Lindbergh, Charles, 10 Muir, W. K., 196 Pitts, S., 62
Lindsay, B., 137 Muir, William Ker, Jr., 96–97 Pogrebin, M. R., 79
Lindsay, John V., 205 Murphy, D. W., 20 Police Executive Research Forum
Loftin, C., 115 Murphy, P. V., 101 (PERF), 62, 133, 133, 137, 150, 157
Lopez, Armando, 211 Murrah, Alfred P., 159 Police Foundation, 64
Los Angeles Police Department, 23, 47, 48, Murray, Alex, 156 Pollak, Walter, 205
59, 61, 64,211, 221 Murray, G., 53 Pollock, Joycelyn M., 197, 214
Lovell, J. S., 25, 26 Poole, E. D., 79
Lovrich, N. P., 20, 133, 134 Preiss, J., 20
Lowy, J., 118 President’s Commission on Law
Lundman, R. J., 102 N Enforcement and Administration
Lyman, J. L., 3 Namazzi, N., 20 of Justice, 64
Lyman, M. W., 196 Nardulli, P. F., 101 Price, C. C., 149
National Black Police Association, Punch, Maurice, 207
26–27, 27 Pynes, J. E., 61
National Center for Women
M and Policing, 68
Macdonald, J. M., 102 Newburn, T., 210, 213
Mack, David, 211 New York State Division of Criminal Justice R
Maguire, E. R., 37, 66, 134 Services, 61 Radzinowicz, L., 3
Mahoney, T., 68 Niederhoffer, E., 102 Ragonese, P., 83
Manning, Peter K., 85, 95, 102, 132 Nislow, J., 59, 118 Rainey, H. G., 48
Maple, Jack, 150 Nolan, Daniel, 121 Randolph, L. H., 4
Marenin, O., 20 Novak, K. J., 99, 101, 102, 137, 231 Rashbaum, W. K., 116
Martin, John S., Jr., 119 Ratcliffe, Jerry H., 137
Martin, S. E., 98, 103 Raymond, J., 152
Marvell, Thomas B., 115 Reaves, Brian A., 47, 65, 148, 149, 227
Marx, G. T., 16, 123 O Reisig, Michael D., 20, 131, 134
Mastrofski, S. D., 101, 103, 104, 134, O’Connor, Sandra Day, 181 Reisig, Mike, 131
151, 225 Office of Community-Oriented Policing Reiss, A. J., 101, 102, 103
Maxfield, Michael G., 80 Services, 62, 155 Reno, Janet, 24
Maxwell, C. D., 223 Orfield, Myron W., Jr., 207 Rettammel, R. J., 19
Mayne, Richard, 3 Ortiz, C. W., 215 Reuland, M., 137
Mazerolle, Lorraine, 112, 139, 140 Osborn, Albert S., 121 Reynolds, K. M., 135
McCampbell, M. S., 61 Osborne, Erma, 116 Richardson, R., 19
McCarthy, B., 197 Owens, E., 115 Rickman, Steve, 157
McCrary, Justin, 37 Owings, C., 64 Riksheim, E. C., 101
McDowall, D., 115 Riordan, Richard, 212
McGaughey, S., 19 Ritti, R., 101
McGillis, D., 137 Robbins, S. P., 48
McHenry, C., 67, 71 P Roberg, R., 50, 99, 101, 102, 103, 231
McInnis, B., 149 Palmiotto, Michael J., 138, 211 Roberts, D. J., 150
McKinney (TX) Police Department, 48 Paquette, C., 137 Rodriguez, Luis, 211
McLaren, R. C., 8 Park, Bernard, 23, 211, 212 Roehl, J., 133
McLaury, Frank, 10 Parkhurst, Charles H., 7 Rogan, D. P., 135
McLaury, Tom, 10 Parks, Roger B., 134 Rohr,, C. A., 120
McPherson, Marlys, 137 Parsons, D., 64, 65 Rojek, J., 117
McVeigh, Timothy, 111 Pate, Anthony M., 135, 137 Rokeach, M., 100
Meredith, C., 137 Pate, Tony, 101, 115 Roosevelt, Theodore, 7, 10
Meyer, J., 20 Peak, Ken J., 58, 59, 60, 61, 62, 97, 122, Rosenbaum, D. P., 134, 137
Mieczkowski, T., 212 148, 210 Rosenfeld, R., 117
Miller, C. E. III, 226 Pederson, D., 152 Roth, J. A., 133, 134
Miller, M., 100 Peel, Robert, 3, 121 Rouse, A., 134
Name Index 249

Rowan, Charles, 3 Stalker, G., 50 von Hoffman, A., 7
Rubinstein, Jonathan, 79, 82, 85, 96 Stebbins-Wells, Alice, 64 Vonk, Kathleen D., 113
Rubinstein, Ted, 79 Stenning, P., 51
Rudwick, E., 64 Stern, N. H., 115
Russell, G. D., 192 Sterngold, James, 23
Stincelli, Rebecca, 226
W
Wagner, A. E., 190, 192
Stonecash, J. M., 101
Wain, Neil, 156
S Strauchs, J. J., 51
Walker, D., 19
Sagi, D., 19 Strecher, V. G., 131
Walker, Sam, 7, 64, 101, 114, 190, 191,
Sakiyama, M., 150 Streeter, K., 116
192, 204, 221
Sapp, A. D., 209 Sullivan, P. S., 64
Walker, Samuel, 6, 7, 8, 115, 191, 204
Saunders, Jessica, 111 Sulton, C., 64
Walsh, W. F., 104
Scaglion, R., 19 Swanger, G., 133
Washington, George, 10
Schafer, J. A., 138 Swanson, Charles R., 119, 121
Washington State Patrol, 61
Scheider, Matthew C., 115 Sykes, Gary W., 95
Wasserman, R., 135
Schneider, J. C., 6 Wasylenko, M. J., 115
Schuler, P., 119 Weber, Max, 49
Schultz, D. D., 3 T Weisburd, D., 150, 151
Schuppe, Jon, 93 Tamblyn, R. M., 62 Weisheit, R., 20
Scott, M. S., 83, 116, 197 Taniguchi, Travis, 137 Weissenstein, M., 157
Scull, A. T., 3 Taylor, B. G., 135 Weitzer, R., 64
Selye, J., 66 Taylor, Frederick W., 49 Wellford, C., 19
Sessions, William, 24 Taylor, R. B., 120 Wells, E., 20
Sharp, P., 102 Taylor, R. W., 119 West, P., 190
Shaw, J. W., 135 Terrill, W., 134, 225 West, William, 121
Shearing, Clifford D., 51 Territo, L., 119, 121 Westley, William, 94
Shepard, R. L., 102 Thorwald, J., 121 Westphal, L. J., 149
Sherman, L. J., 64 Thurman, Quint, 97, 115, 133, 134 Wexler, Chuck, 137
Sherman, Lawrence W., 9, 102, 135, Tifft, L., 20 Whitaker, G. D., 101
156, 213 Tobias, J. J., 3 White, S. O., 98, 99
Shichor, D., 52 Tonry, M., 101, 102 Wilkey, M., 194
Sichel, J. L., 64 Townsey, R. A., 64 Wilkinson, D. L., 134
Silbert, M., 67 Travis, L. P., 112 Williams, G. T., 226
Silloway, Glenn, 137 Trojanowicz, Robert C., 132, 134, 137 Williams, O. W., 19, 49
Silverman, E., 150 Trumbell., W. M., 115 Willis, J. J., 151
Simpson, O. J., 207 Tweed, William M. “Bosss,” 7, 12 Wilson, James Q., 20, 93, 95, 96, 101, 119
Sklansky, D. A., 52 Wilson, Orlando Winfield “O. W.”, 8–9, 131
Skogan, W. G., 132, 133, 134, 135, 137 Winfree, T., 20
Skolnick, Jerome H., 83, 94–95, 96, 222 Wirths, C., 20
Slahor, S., 113 U Wolpert, S., 149
Sloan, J. J., 115 Uchida, C. D., 135 Wood, Jennifer D., 137
Slobogin, C., 207 University of Cambridge, 156 Wood, R. L., 134
Sluder, R. D., 84, 102 Unninthan, N. P., 138 Worden, R. E., 98, 99, 102, 103
Sluder, Richard, 205 U.S. Customs and Border Protection Worrall, John L., 19, 20, 24, 25, 115, 131,
Smart Policing Initiative, 157 (CBP), 39 132, 176, 188
Smith, A., 152 U.S. Department of Justice, 38, 40, 44, 114, Wright, B., 190, 191, 192
Smith, B. W., 5, 137 138, 152, 158 Wright, R., 154
Smith, D. A., 19, 101, 102, 103 Wrobleski, Henry M., 119, 120, 123
Smith, S. C., 149 Wycoff, M. A., 135, 137
Smith, W., 100
Snelgrove, Victoria, 227 V
Snipes, J. B., 103 Van Maanen, John, 79, 81, 85, 95, 96, 102
Snortum, J., 20 Varela, J. G., 59 Y
Snyder, D. A., 65 Vaughn, J. B., 197 Yeh, S., 134
Snyder, J., 100 Vaughn, Michael S., 188
Solar, P. J., 147 Vedder, C., 20
Solomon, R. M., 58, 67 Veniga, R. L., 67
Sparrow, M. K., 135 Vila, Bryan, 5, 68 Z
Spitzer, S., 3 Visher, C. A., 102, 103 Zevitz, R. G., 19
Spradley, J., 67 Vollmer, August, 8, 58, 121, 131 Zhao, Jihong “Solomon,” 97, 115, 132,
Stahura, J. M., 115 Volsky, George, 211 133, 134
250 Name Index

Subject Index
Page numbers that are italicized indicate C codes of ethics, 197
figures, bold indicates bold appearance in CalGang, 149, 163 college system, 61, 70
the text, t indicates tables. California Highway Patrol, 45 color of law, 188, 189, 199
case studies command chain. See chain of command
depolicing and rising crime, 105 Commission on Accreditation for Law
digital partnership with community, 141 Enforcement Agencies (CALEA), 192
A encryption technologies and personal Commission on Peace Officer Standards
absolute immunity, 199 and Training (POST), 61
rights, 161
abuse of authority, 206, 229 common sense, 86
high-tech innovation and law
academy community, 18–19
enforcement, 124
curricula, 61, 62 community era, 7
judicial control over police practice, 30
sixth sense, learning, 61 customer service, 9
manslaughter and probationary
types of, 61 professionalism, limitations of, 8–9
sentence, 216
acceptance, 67 community justice, 142
Michael Brown shooting, 232
accepted lie, 87, 89 citizen involvement and
police subculture and officer stress, 88
accident investigation, 118 civilianization, 138
probable cause of search, 182
accreditation, 192, 200 and community policing, 131–138
record-keeping mistake, 198
administration, 80 defined, 130
centralized policing model, 44, 44, 46, 54
administrative justification, 170, 171, 183 problem-oriented policing and, 131
chain of command, 49, 49, 49, 54
affirmative action, 64 third-party policing, 139–140
checkpoint, 176, 183
affront, 85, 89 Community Oriented Policing Services
Christopher Commission, 221, 233
age and support, 19–20 (COPS), 24, 62
citizen complaint, 192, 192, 193, 200, 215
agency accreditation, 192–193 community policing, 131–132, 142
citizen contact patrol, 9, 135
age of officer, 103 and antiterrorism, 137–138
ambition/attitude of officer, 104 citizen oversight, 190–192
birth of, 132
Americans with Disabilities Act (ADA), 65 citizen patrol, 52, 138, 142
critical views of, 134–135
anger and resentment, 67 citizen police academies, 138
definitions, 132–133
anthropometry, 121 citizen support and respect, 99
examples of, 135–137
antiterrorism, 137–138 city councils, 21–22
extent of, 133–134
federal agencies and, 158 city police, 96
comparative negligence, 199
information sharing and, 159 civil disobedience, 119, 126
Compstat, 148, 150, 150–152, 163
appearance management, 95 and crisis situations, 119–120, 120 computer-aided drafting (CAD),
arm-span rule, 183 civilian input model, 191, 200 148, 152, 163
arrest warrant requirements, 171–172 civilianization, 138, 142 computer-assisted training, 148, 152
assumption of risk, 190, 199 civilian monitor model, 191, 200 conducted energy device (CED), 228, 234
automated license plate recognition civilian review model, 190, 200 confessions
(ALPR), 149–150 civil law, 139, 142 controversy, 178–179
automobile searches, 174 civil liability custody, 177
agency accreditation, 192–193 documentation of, 181
citizen complaints, 192, 193 interrogation, 177
citizen oversight, 190–192 Miranda issues, 179–181
B codes of ethics, 197 consent decree, 215
background investigation, 60 criminal prosecution, 195–196 consent searches, 175
bargaining, 67 exclusionary rule, 193–195 constitutional rights violation, 188, 199
Bertillon measurements. See anthropometry functions and procedures, 196 contemporary organizational theory, 50
Biometric Technology Center, 160 internal affairs, 196–197 contingency theory, 50, 55
bobby, 5, 12 overview, 187 contributory negligence, 189, 199
border patrol agents, 39 Section 1983, 187–189 control, 81
boundaryless policing, 159, 164 sentinel event, 197 control of territory, 81
Bow Street Runners, 3, 12 state tort, 189–190 corrections officials, relationship
Bravery, 87 civil litigation, 190 with police, 29
broken windows model, 119, 125 civil service, 58 corruption, 7, 204, 217
broken windows policing, 94 civil service commission, 58 council-manager form, 21, 22
bureaucracy, 49, 54 CJIS Division Intelligence Group crime, 101
Bureau of Alcohol, Tobacco, Firearms, (CDIG), 160 crime commissions, 8
and Explosives (ATF), 44, 44, 54 clarification, 85, 89 crime control, 132
burnout, 67, 67 classical organizational theory, 49–50 crime intelligence systems, 148–149
bystanders, 103 cntrol beats, 115 crime mapping, 147–148, 148
251
crime peak, 113, 125 dramaturgical discipline, 32 police training officer (PTO)
crime prevention, 3 dramaturgy, 85, 89 program, 62–63
criminal intelligence, 153, 163 drug courier profiling, 171 field training officer (FTO), 62, 70
Criminal investigation. See investigations Drug Enforcement Administration Fifth Amendment, 184
criminalistics, 121 (DEA), 44, 44, 54 Financial Crimes Enforcement Network
criminal justice agencies, 80 drug screening, 60 (FINCEN), 153
criminal justice process drug war temptations, 210 fingerprinting, 121
police and, 27, 28 dual federalism, 18 firearms identification, 121
criminal law, 140 due process of law, 6, 12 firearms training system (FATS), 152, 163
criminal prosecution due process voluntariness approach, focused patrol, 113, 125
federal prosecution, 195 177, 184 foot patrol, 113, 125, 135
state prosecution, 195–196 force, use of, 82–83
critical incident, 67 force continuum, 222, 233
culpability, 188, 189, 199 force factor, 223, 233
culture, 89 E forensic evidence, 122
elements of, 76–78 economic corruption, 210, 217 Fourth Amendment, 168–169, 183
vs. subculture, 76 education, 103 frankpledge system, 3, 12
curricula, 61, 62 emergency response, 116 fruit of the poisonous tree doctrine, 200
custody, 177 emotional expression, 78 fusion center, 163
customer service, 9 equal employment opportunity, 63, 64
Customs and Border Protection (CBP), affirmative action, 64
39, 39, 54 disabled cops, 65
diversity in ranks, 65 G
minorities in policing, 64 gender, 103
women in policing, 64–65 geographic profiling, 148, 148, 163
D Equal Employment Opportunity good-faith exception, 194
dactylography, 121 government
Commission (EEOC), 63
damages, 187, 199 action, 168, 183
equal employment opportunity
danger, 83–84 types of, 17
for women, 65
dangerousness, 224 government officials, 20–24
eustress, 66, 71
deadly force, 224–226, 225, 233 city councils, 21–22
evanescent evidence, 183
decentralized policing model, 5, 44, 45, 54 executive influence, 21–24
evidence-based policing (EBP),
deception, 87 judicial influence, 24
156, 164
defenses, 189 legislative influence, 24
introduction of, 6
democracy mayors, 22
excessive force, 233
consequences of, for police, 17, 17 police commission, 21
excited delirium, 228, 234
defined, 16 Graham v. Connor, 226, 233
exclusionary rule, 193–195, 200
denial, 67 grass eaters, 205, 217
exigent circumstances, 173, 183
Department of Homeland Security gratuities, 209, 210t
(DHS), 37 gratuity, 217
Department of Public Safety (DPS), 10 Gun Control Act of 1968, 44
depression, 67 F
deterrence theory, 112, 125 fatigue, 67–68
deviance, 204, 217 FBI. See Federal Bureau of Investigation
control of, 214–215 federal agencies H
corruption, classification, 206–207 FBI, 10 Homeland Security Act of 2002, 37, 37, 54
dark side of policing, 205–206, 206 postal inspectors, 10 homeland security agencies
drug war temptations, 210 Secret Service, 10 Customs and Border Protection (CBP), 39
example, 211–212 U.S. Marshals, 10 Immigration and Customs Enforcement
explanation of, 212–213 federal agencies and antiterrorism, 158 (ICE), 39, 39–40
factors affecting, 213t Federal Bureau of Investigation (FBI), Secret Service, 38–39, 39
gratuities, 209, 210t 10, 40, 41, 54 Homicide Investigation and Tracking System
Knapp Commission, 205 federalism, 17, 18, 18 (HITS), 148, 163
police misconduct, 207 federal law enforcement agencies, hostile work environment, 68, 71
police sexual violence, 209 37–38, 38 hot-pursuit exception, 173, 183
Wickersham Commission, 205 homeland security agencies, 38– hot spot, 113, 125
deviant lie, 87, 89 justice department agencies, 40–44 hot time, 113, 125
directed patrol, 112, 125 federal officials, suing, 189
disabled cops, 65 federal policy, 224
disorder management, 119 federal prosecution, 195
distress, 66, 71 Federal Protective Service (FPS), 40 I
diversity in ranks, 65 Fielding, Henry, 3, 12 Illinois Crime Survey, 8
dominion, 81 Field training, 61 Immigration and Customs Enforcement
double marginality, 64 field training officer (FTO) approach, 62 (ICE), 39, 39, 39–40, 54
252 Subject Index

impact munitions, 228, 234 L Municipal Police Administration
impersonality of management, 50 law enforcement, 5 (Wilson), 8
impression management, 25, 32 law enforcement agencies. See also policing municipal police department, 47, 54
information sharing and antiterrorism, chain of command, 49, 49
159 classical organizational theory, 49–50
injunctive relief, 187, 199 contemporary organizational theory, 50
institution, 89 federal, 37–44 N
institutional value, 89 local, 47, 47–48 National Black Police Association, 26, 32
institutional values, 77 number of, 37 National Crime Information Center
Integrated Automated Fingerprint organization of, 48–50 (NCIC), 160
Identification System (IAFIS), 160 private policing and security, 51–52 National Criminal Intelligence Sharing Plan
intelligence, 152 professional associations, 26–27 (NCISP), 154, 163
intelligence-led policing, 163 staff vs. line duties, 48–49 National Instant Criminal Background
importance of intelligence, 154 state, 44–46, 45t Check System (NICS), 160
intelligence, defined, 152 Law Enforcement Management and negative stress, 66
levels of intelligence, 153–154 Administrative Statistics (LEMAS) negligence tort, 189, 199
nature of, 154–155 survey, 149 neighborhood watch programs, 136
strategic intelligence, 153 Law Enforcement National Data Exchange neutral and detached magistrate, 171
tactical intelligence, 153 (N-DEx), 160 new era, 7, 9
intelligence-led policing vs. law enforcement officers, killed New York City Police Department
problem-oriented policing, 155 and assaulted, 84 (NYPD), 5
intentional tort, 199 Law Enforcement Online (LEO), 160 Next Generation Identification (NGI), 160
intentional torts, 189 legal abuse, 231 noble-cause corruption, 211, 217
internal affairs, 196, 197 legal attachés, 40 nondeadly force, 226, 226–27, 233
International Association of Chief of Police legalistic era, 8 nonsworn personnel, 48, 54
(IACP), 8, 26, 32 less lethal weapons, 227, 227t norm, 89
International Police Association (IPA), local agency, 54
27, 32 local law enforcement, 10
International Union of Police Associations local police agencies, 47
(IUPA), 27, 32 municipal police, 47, 47–48 O
interrogation, 177 Sheriff’s departments, 48 objective reasonableness, 199
interview, 60 Los Angeles Police Commission, 23 occupational deviance, 206
invent bureaucracy, 49 Los Angeles Police Department offense seriousness, 103
inventorie, 176 (LAPD), 21, 211 Office of Community Oriented Policing
investigations, 120–123 Services (COPS Office), 114, 125
evolution of, 121 Office of Emergency Services, 24
goals of, 122, 122 officers’ rights during investigations, 196
undercover work, 122–123 M oral interviews, 60
isolation, 87 mandatory arrests for domestic organization
violence, 102 defined, 48
masculine environment, 86
J mayor-council form, 21, 22
Joint Terrorism Task Forces (JTTF), mayors, 22
158, 164 meat eaters, 205, 217 P
justice department agencies media paradox of policing, 84, 89
Bureau of Alcohol, Tobacco, Firearms, impression management, 25 parish, 3, 12
and Explosives (ATF), 44 and police subculture, 80–81 participatory management, 50, 55
Drug Enforcement Administration portrayal of police, 24–25, 25 particularistic perspective, 106
(DEA), 44 public information officer, 25–26 particularistic perspective, police
Federal Bureau of Investigation medical screening, 60 behavior, 99t
(FBI), 40, 41 men vs. women, 20 citizen support and respect,
U.S. Marshals Service (USMS), Metropolitan Police Act, 3, 12 perceptions of, 99
40, 40, 42–43 Miami Police Department, 211 legal restrictions, perceptions, 99
justice without trial, 94 minorities in policing, 64, 65 role orientation, 98–99
justification, 169, 183 minority perceptions of police, 19 selective enforcement, views on, 100
Miranda issues, 179–181 particularity, 172
Miranda rights, 177, 184 patrol
mission of police, 111–112, 112 COPS funding, 114–115
K Mollen Commission, 207, 217 effectiveness of, 115
Kent Policing Model, 154 money laundering, 39, 54 methods and techniques, 113
kin policing, 2 moral superiority, 85 preventive, 114
Knapp Commission, 205 mounted patrol, 113 types of, 112–113, 114
knowledge, 63 municipal police, 47, 47–48 patronage system, 58
Subject Index 253

peacekeeping and order maintenance prior contact, 20 private security, 50, 51
civil disobedience and crisis public perceptions, 20 controversies in, 52
situations, 119–120, 120 race and support, 19 vs. private policing, 51
disorder management, 119 sheriffs and electorate, 20 proactive beats, 15
quality-of-life offenses, 119 police personality testing, 60 probable cause, 170, 170, 170, 172, 183
Peel, Robert (principles of policing), 4, 12 police sexual violence, 209, 217 problem-oriented policing, 131, 142
Pennsylvania State Police, 10, 45 police sixth sense, 81 problem police officer, 233
pepper spray, 229, 234 police subculture, 76, 89 professional associations, 26–27
person inventories, 176 administration, 80 professional era, 8
person inventory, 183 components of, 81–87, 82 professionalism, limitations of, 8–9
perversion of justice, 207 control of territory, 81 prosecutors, relationship with police, 28–29
petty crimes, 19 criminal justice agencies, 80 protective sweep, 173, 183
physical agility tests, 59 danger, 83–84 public display, 24
physical brutality, 230 media and, 80–81 public-duty defense, 189, 200
physical evidence, 122 organizational factors, 79 public-duty doctrine, 199
pin map, 163 solidarity, 85–86 public information officer, 26, 32
plain-view doctrine, 175, 183 sources of, 78–81 pursuits, police, 118–119, 118t
plebe system, 61, 70 split-second syndrome, 85
police street environment, 79
and corrections officials, relationship, 29 suspicion, 85
and criminal justice process, 27, 28 unpredictability, 85 Q
media and, 24–26 use of force, 82–83 qualified immunity, 199
and prosecutors, relationship, 28–29 vs. culture, 76 quality circles, 50, 55
response role, 115–16 police training officer (PTO) program, quality-of-life offense, 125
Police: Streetcorner Politicians (Muir), 96 62, 63, 70 quality-of-life offenses, 119
Police Administration (Wilson), 8 police violence, 210, 217 quasi military, 49, 54
police behavior. See also police discretion policing. See also law enforcement agencies quid pro quo harassment, 68, 71
particularistic perspective, 98–100, 99t in age of terrorism, 157–160
socialization vs. predisposition, 100 in America, begining of, 3–6
universalistic perspective, 98, 99t beyond local law enforcement, 10 R
police chiefs, 22 in democracy, 16–17 race, 19
police commission, 21, 21, 32 English approach, influence of, 3 racial composition and heterogeneity, 101
police–corrections partnerships, 27 eras, 6–9 racial profiling, 117, 125
police corruption, 206, 207 evidence-based, 6 racial quotas, 65
police crime, 206 and federalism, 17–18 rapid response, 116
police decision making imprint of technology on, 147– reactive beats, 115
beats and scheduling, 101 minorities in, 64 reasonable expectation of privacy, 168, 183
bureaucratic structure, 100–101 origin of, 2–6 reasonableness, 169, 183
individual officer Peel’s principles of, 4 reasonable suspicion, 170
characteristics, 103–104 private, 51–52 recruitment, for police officer candidates, 59
neighborhood factors, 101 from private to public policing, 2–3 reform era, 6, 7
situational factors, 101–103 women in, 64–65 remedy, 85, 89
police discretion. See also police behavior policing styles, 95 response time, 116, 125
discretion, defined, 93 political era, 6 reverse discrimination, 65, 65–66
pros and cons, 97, 97 crime commissions, 8 rogues, 205, 217
and seniority, 97 criminal regulation, 6–7 rotten apple theory, 212
studies of, 94–97 patronage problems, 7 routine incident response, 116
police environment, 19 reform era, 7
police mission, 111–112, 112 Vollmer’s reforms, 8
police officers polygraphs, 60
academy, 61 positive stress, 66 S
diversity and discrimination, 63–65 Posse Comitatus Act, 48 saturation patrol, 113, 125
fatigue, 67–68 postal inspectors, 10 scene and suspects, 102
field training, 61–63 posttraumatic stress disorder (PTSD), 67, 71 scheduling, 68, 101
hiring and training, 58–60 predatory corruption, 207 search, 168, 183
reverse discrimination, 65–66 predictive policing, 149, 163 defined, 163
sexual harassment, 68 pretext stop, 125 search and seizure
stress, 66–67 pretext traffic stops, 117, 117–118 defining, 169, 170
police officers’ bill of rights, 197 preventive patrol, 114, 115, 125 Fourth Amendment, 168–169
police organizational environment private policing, 51 justification, 170–171
age and support, 19–20 controversies in, 52 rules of, 171–175
community, 18–19 vs. private security, 51 special-needs searches, 176–177
men vs. women, 20 vs. public policing, 51, 52 stop-and-frisk, 175–176
254 Subject Index

searches based on exigent subculture, 89 universalistic perspective, 106
circumstances, 173 subjugation of defendants’ rights, 210, 217 universalistic perspective, police
searches without warrants, 172 substations, 137 behavior, 98, 99t
search incident to arrest, 172, 183 sudden peril, 190, 199 unpredictability, 85
search warrant requirements, 172 suicide by cop, 226, 233 U.S. Marshals, 10
secrecy, 86 suspicion, 85, 170 U.S. Marshals Service (USMS), 40, 40,
Secret Service, 10, 38–39, 39 sworn personnel, 48, 54 42–43, 54
Section 1983 liability, 187–189 systems perspective, 50, 55 18 U.S.C. Section 3501, 178, 184
seizure, 168, 183 42 U.S.C. Section 1983, 187, 199
defined, 163 18 U.S.C.A. Section 242, 200
sentinel event, 197 use corruption, 210, 217
sexual harassment, 68, 71 T use of force, 233
sheriff, 3, 5 tactical intelligence, 153, 163 application, 223–224
and electorate, 20 Taking Command Initiative, 157, 164 conducted energy device
sheriff’s department, 47, 48, 54 Tammany Hall, 7 (CED), 228–229
shire-reeve, 3, 12 Taylor, Frederick W., 49, 54 deadly force, 224–226, 225
sixth sense, 61, 70 technical training model, 61, 70 defined, 221
slave patrols, 6, 12 technology on policing, 148 excessive force, 229–231
smart policing, 156, 157, 164 automated license plate legal standards, 224–225,
Smart Policing Initiative (SPI), 157 recognition, 149–150 226–227
socialization vs. predisposition, 100 Compstat, 150–152 less lethal weapons, 227, 227t
social media, websites and, 150 computer-aided drafting (CAD), 152 levels of force, 221–222
socioeconomic status, 101 computer-assisted training, 152 nondeadly force, 226–227
solidarity, 85, 89 crime intelligence systems, 148–149 suicide by cop, 226
common sense, 86 crime mapping, 147–148 use-of-force policy, 222–223
masculine environment, 86 geographic profiling, 148
moral superiority, 85 predictive analytics, 149
secrecy, 86 websites and social media, 150
us-versus-them mentality, 86 Tennessee v. Garner, 224, 233 V
span of control, 49 territorial imperative, 106 value, 89
special-needs searches, 176–177 territoriality, 81 vehicle inventories, 176
special weapons and tactics (SWAT), 41 testing requirements, for police officer vehicle inventory, 183
split-second syndrome, 85, 89 candidates, 59 verbal and psychological
staff vs. line duties, 48–49 Texas Rangers, 5, 12 abuse, 230
standard operating procedures, 80 theory of liability, 189, 199 violence and police, 94
state agencies, 10 thief taker, 3, 12 Violent Crime Control and Law
State law enforcement agencies, 44, 44t third-party policing, 139, 140 Enforcement Act of 1994, 24, 32
centralized model, 44, 46 tired cops, 68 Vollmer, August, 8
decentralized model, 45 tithing, 3, 12
state prosecution, 195–196 tolerated lie, 87, 89
state tort liability, 189–190, 199 torts, types of, 189
stop-and-frisk, 175–176, 183 trace evidence, 121 W
storefronts, 137 traffic enforcement function, 16 Washington State Patrol, 45
straightforward corruption, 207, 217 accident investigation, 118 watchman, 3, 12
straight shooters, 205, 217 pretext stops and profiling, 117–18 weapons continuum, 228, 234
strategic intelligence, 153, 163 pursuits, 118, 118t Weber, Max, 49, 54
street environment, 79, 89 Tweed, William M., 7 websites and social media, 150
stress white knights, 205, 217
burnout, 67, 67 Wickersham Commission, 8
critical or traumatic incidents, 67 women in policing, 64–65
defined, 66 U Working the Street: Police Discretion
Gendered Nature of Police, 66–67 undercover work, 122–123 (Brown), 96
Nature and Symptoms of, 66 Universal Declaration of Human Rights, 27 workload, 68
Subject Index 255

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POLICING

330 Hudson Street, NY, NY 10013

Library of Congress Cataloging-in-Publication Data

CHAPTER 1 Origins and Evolution of American Policing 1

Part 2 A Career in Policing

CHAPTER 4 Becoming a Cop 57

Part 3 On the Job

CHAPTER 7 Core Police Functions 110

Part 4 Legal Issues

CHAPTER 10 Policing and the Law 167

CHAPTER 12 Deviance, Ethics, and Professionalism 203

Chapter 1 Origins and Evolution of American Policing 1

Chapter 2 Policing in the American Context 15

Part 2 A Career in Policing

Chapter 4 Becoming a Cop 57

Chapter 5 Police Subculture 75

Chapter 6 Police Discretion and Behavior 92

Part 3 On the Job

Chapter 7 Core Police Functions 110

Chapter 8 Community Policing and Community

Chapter 9 Policing in the

Part 4 Legal Issues

Chapter 10 Policing and the Law 167

Chapter 11 Civil Liability and Accountability 186

Chapter 12 Deviance, Ethics, and Professionalism 203

Chapter 13 The Use of Force 220

1 Outline the origins of policing.

2 Summarize the various eras of policing.

3 Outline the emergence of state and federal law

David Grossman/Alamy Stock Photo

▶ The Origins of Policing

2 Chapter 1 Origins and Evolution of American Policing

The Origins of Policing 3

FIGURE 1–1 Sir Robert Peel’s Nine Principles of Policing.

4 Chapter 1 Origins and Evolution of American Policing

The Origins of Policing 5

FIGURE 1–2 Historical Eras in Modern Policing.

6 Chapter 1 Origins and Evolution of American Policing

community partnerships can help prevent and solve crimes

8 Chapter 1 Origins and Evolution of American Policing

10 Chapter 1 Origins and Evolution of American Policing

The article discussed here raises several interesting questions:

Beyond Local Law Enforcement 11

12 Chapter 1 Origins and Evolution of American Policing

Chapter 1 Origins and Evolution of American Policing 13

14 Chapter 1 Origins and Evolution of American Policing

1 Explain how the U.S. government’s features of

2 Discuss the influence of various environmental

3 Summarize the police role in the criminal justice

Mel Evans/AP Images

▶ Policing in American Government

16 Chapter 2 Policing in the American Context

Unified Confederation Federalist

FIGURE 2–3 Types of Government.

Policing in American Government 17

Consequences of Federalism for Policing

18 Chapter 2 Policing in the American Context

The Police Organizational Environment 19

20 Chapter 2 Policing in the American Context

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