Juror decision making,attitudes, and the hindsight bias

This study examines juror decision making in civil suits against police officers alleged to have engaged in illegal searches, using simulated case materials and mock jurors drawn both from adults called for jury service and a student subject pool. The experiment assesses the impact of a cognitive process (thehindsight bias) and of individual attitudes on awards and finds that both are related to juror decisions. We test a theoretical model that specifies that both attitudes and outcome knowledge exercise their influence upon the damage award decision by means of their impact on interpretation of testimony. Causal models of the decision-making process appear to support the role played by interpretation of evidence as a mediator between individual attributes and juror decisions.We are indebted to Reid Hastie, Tom Tyler, Phoebe Ellsworth, Jack Heinz, Robert Nelson, Rayman Solomon, and Bonnie Fisher for assistance with various aspects of the design, data collection, and analysis reported here. Financial support was provided by the American Bar Foundation, and the Center for Urban Affairs and Policy Research and the Dispute Resolution Research Center, both at Northwestern University.John D. & Catherine T. MacArthur Foundation.     

Juror Perceptions of the Legitimacy of Legal Authorities and Decision Making in Criminal Cases

Literature on trust in legal authorities and institutions demonstrates that trust affects individual behavior, yet there is little research on whether attitudes toward legal authorities such as the police or courts influence juror behavior as a third party assessing evidence and determining legal outcomes for others. Additionally, the literature on juror decision making confirms that juror race is an important predictor of juror decisions, but explanations for differences among racial groups are not clear. Since minority groups hold less favorable attitudes toward legal authorities generally, legitimacy theory may help explain racial differences in decision making among jurors. Using data from nearly 2,000 jurors in felony trials, this research utilizes multilevel modeling techniques to find that jurors' trust in legal authorities is related to juror outcomes, though the effect of juror trust and confidence in the police is opposite that of juror trust and confidence in the courts. Additionally, juror race conditions the effect of trust in police and courts. Trust is a stronger predictor of both perceptions of evidence and voting for black jurors than it is for white jurors.     

Force,Stress, and Decision-Making Within the Belgian Police: the Impact of Stressful Situations on Police Decision-Making

Stress and fear are inevitable aspects of the police job and may have a large impact on police officers’ decision-making process. Many studies have explored how stress and fear may influence assessments of police officers, especially with regard to the use of force. This article aims to contribute to this research domain by reporting the findings from two empirical studies among Belgian police officers: a quantitative study of police officers’ attitudes towards and experiences with the use of force and a qualitative study on the influence of stress and emotions on officers’ decision-making and assessment abilities and accuracy of shooting. Both studies confirmed that stress and fear are often present in Belgian police practice. One of the main findings is that Belgian police officers are anxious about the consequences of their actions because they know they will be held accountable for them. The pressure that results from this accountability can make it even more difficult for police officers to react to stressful situations. Therefore, we need to look for the right balance in this difficult position, by providing tools that support police officers in making daily decisions, and help them do their job as effectively as possible.     

Civil liability of private security: Enforcer of moral obligations to right legal wrongs

The private security industry in the United States now has approximately twice as many personnel as does the public police. Private Security personnel have authority over the liberty, and sometimes the lives, of customers and employees. Often they exercise this awesome responsibility with little if any background and training. In most instances private security personnel are not considered law officers or peace officers and are, therefore, not bound by the same rules and regulations that apply to public police. More and more frequently, untrained or minimally trained, and basically unqualified security officers are taking actions against customers and employees which are excessive and unreasonable. Without the Constitutional protections which would be available if the act were committed by a public police officer, the only recourse for a private individual against reckless and wanton conduct on the part of private security personnel is a civil action, seeking compensation for the inconvenience caused or injuries received. The courts have found that companies and their security personnel have an obligation to be reasonable in their investigations of suspected criminal violations by employees and customers. Failure to conduct a proper and reasonable investigation will open the individual directing the investigation, and the company authorizing it, to liabililty for the injury their improper actions have caused. Civil liability suits have become the moral enforcer for improper and excessive conduct by private security personnel.     

ASSAULTIVENESS AND ALCOHOL USE IN FAMILY DISPUTES

Systematic naturalistic observation often contradicts experimental laboratory findings and idiosyncratic personal perceptions. In this study, family disputes managed by police officers trained in interpersonal conflict management yielded uniform observational data on 1,388 cases. The view shared by police and by social scientists that family disputes are likely to involve assaultiveness and that such behavior is typically caused by alcohol use was not supported by these data. Instead, the findings suggest that: assaults do not usually precede arrival of police; disputes are not usually influenced by alcohol use; and, indeed, assaults are less common when alcohol has been used.     

Crisis intervention skills training for police negotiators in the 21st century

Summary While Crisis Management training and intervention skills are not new areas for police officers or for police crisis negotiators, it is certainly true that such training must be included in the overall preparation for police officers in general and for police crisis negotiators in particular. Not to do so ignores the need for such skills in the day-to-day functions and calls-for-service of these groups. It has been the experience of this author, in talking with police negotiators, that more and more calls for their services are being made, in situations which are non-hostage related, than ever before. These areas continue to include barricaded individuals, suicidal persons, family disputes in which one member of the family is holding other members of the family against their will, and abuse situations including spouse abuse and child abuse. Additional areas include those in which there are juveniles involved as well as within school settings. Some of the latter may involve hostages while others do not. Finally, it is becoming less unusual for negotiators to be summoned only to find that the subject has engaged in acts designed to evoke fatal responses from those officers involved. This phenomenon is commonly referred to as “death by cop.” Further, it is also important that those indirectly involved in these situations receive this type of Crisis Intervention training. These may include first response officers, first response police and security personnel in our public and private schools, security officers in our hospitals and courthouses, and others who, due to their particular jobs, may be involved in these types of incidents.     

Black and white complainants and the police: A comparison of individual and contextual characteristics

Citizens have always had an important role in the crime control process; they are most often responsible for the detection of crime. It is imperative, therefore, that citizens perceive police officers to be competent and just in the execution of their duties; in the absence of such confidence, the process suffers. Ironically, the groups which are most often the victims of crime hold the most negative attitudes toward the police. Minorities in urban communities, particularly blacks, fit this pattern. These attitudes appear to be linked to the perception of negative, differential experiences with the police, experiences which often lead to the filing of a formal complaint. Using a data set from the complaint files of a large American city, this article explores the relationship between the attitudes of blacks toward the police, experiences with the police, and complaints lodged against the police.     

A Contemporary Snapshot of Policewomen Attitudes

Historically, women have been unwelcome in male-dominated police cultures; despite the gains acquired over many tumultuous years, policewomen continue to face significant obstacles. Men officers often promote the subordination of policewomen, and, because of this, some degree of emotional deterioration among women officers would be understandable. This study aims to evaluate the efficacy of such a hypothesis. Questionnaires were mailed to all municipal police departments in one southern state with 50 or more sworn personnel (n = 21) and produced 1,114 responses from 16 departments. Analysis revealed that women officers' (n = 89) professionalism, job satisfaction, stress, and confidence levels demonstrate a condition of psychological health and do not differ significantly from those of men officers. Essentially, the findings suggest that policewomen are mentally tough and resilient, and hence quite capable of modulating the demands of police careers.     

Confidently Wrong: Police Endorsement of Psycho-Legal Misconceptions

Public beliefs about psychological issues relevant to the legal system have been demonstrated to often be misconceived, but the endorsement of such beliefs in law enforcement samples is largely unknown. This study was the first to compare psycho-legal beliefs between law enforcement officers and the general public in the UK. Participants were presented a 50-item questionnaire measuring five psycho-legal topics; police procedures, courts, tough on crime, mental illness, and memory and cognition. Despite direct involvement and relevant experience, law enforcement officers endorsed just as many empirically contradictory beliefs as those who were not law enforcement officers. Further, law enforcement officers were more confident in their responses. This research has implications for identifying areas of limited knowledge within police samples that can be targeted by police education.     

Police criminal charging decisions: An examination of post-arrest decision-making

Scholars have encouraged studies of police decision-making to move beyond the arrest decision into research that broadens the understanding of police behavior. The criminal charge placed by officers against offenders is largely an untouched area of study. Examining criminal charging decisions goes beyond simple dichotomous decisions, such as arrest, but instead explores the area of police leniency or punitiveness. Randomly constructed vignettes describing a domestic violence incident were given to officers from four agencies. Officers indicated the criminal charges they would likely list against an offender if they were to make an arrest. Serious criminal charges were often supported by additional, but less serious, charges. Victim injury and an uncooperative offender were related to the decision to charge a misdemeanor offense. There was a significant negative relationship between the number of charges listed and more experienced officers and officers working in smaller agencies. The implications of this study and directions for future research are discussed.     

Uncertainty and the use of force among Venezuelan police officers

Literature often emphasizes the use of force as a distinctive feature of police work, while risky encounters and uncertainty are conditions under which such work is carried out daily. Conditions leading to the use of force by the police have been associated with the presence of menacing minorities, losing verbal control, the youth and lack of experience of officers, and critical physical proximity between officers and suspects. Additionally, defiance towards the police has often been linked to increased force used by the police. It is here proposed that uncertainty also fosters police officers’ dispositions to use force. In this study, four focus groups were conducted with officers from two Venezuelan municipal police departments in October 2003, presenting a hypothetical scenario progressing from contact with suspects towards an open confrontation involving a shooting. Officers perceived, through different phases of the scenario, an encounter of no easily predictable outcome with suspects, involving potential harm to the police and bystanders. A pattern seemed to appear among officers in which overcoming real or assumed resistance became the central issue. When physical confrontation with suspects became evident, self defence was the clearest justification for the use of force, though the use of force was also defended by officers without further elaboration on the requirements and conditions for effectively thwarting aggression. It appears that uncertainty about the outcome of a situation fosters both the disposition and the justification for using force.

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Police Lie Detection Accuracy: The Effect of Lie Scenario

Although most people are not better than chance in detecting deception, some groups of police professionals have demonstrated significant lie detection accuracy. One reason for this difference may be that the types of lies police are asked to judge in scientific experiments often do not represent the types of lies they see in their profession. Across 23 studies, involving 31 different police groups in eight countries, police officers tested with lie detection scenarios using high stakes lies (i.e., the lie was personally involving and/or resulted in substantial rewards or punishments for the liar) were significantly more accurate than law enforcement officials tested with low stakes lies. Face validity and construct validity of various lie scenarios are differentiated.     

Section 1983 litigation: An effective remedy to police misconduct or an insidious federalism?

In recent years the federal courts have experienced a dramatic increase in civil suits alleging police misconduct under the federal provision, 42 U.S.C. Section 1983, which was originally enactd as part of the Civil Rights Act of 1871. Section 1983, presently the second most litigated provision of the United States Code, grants a private right of action for redressing violations of federal and Constitutional rights committed by persons (including municipalities) acting under color of state law. The recent development of Section 1983 as a mechanism for controlling police misconduct has profound implications for New Federalism, public official conduct and traditional legal doctrines (such as the exclusionary rule). This study reviews the legal basis for civil liability remedies, examines the impact of recent developments on police behavior, and explores the policy considerations underlying an assessment of this expanding legal remedy as a viable option in preventing police misconduct.     

Patrol officers and problem solving: An application of expectancy theory

Problem solving has been recognized as a key aspect of community policing. We use expectancy motivation theory to explain variation in police officers' problem-solving behavior. Specifically, we expect that the amount of problem solving performed by officers will be explained by (1) the opportunity to do so, (2) the ability to do so, (3) the likelihood that officers will be recognized by their performance in this area, and (4) police officers' calculation of the costs and rewards of such behavior. Using data collected from ridealongs with police officers, we find that officers who engage in more problem-solving are motivated by potential recognition of such behavior. We also find that expectancy motivation theory provides a more likely explanation for the behavior of community police officers than that of traditional “beat” officers.     

Juror Judgments in Civil Cases: Effects of Plaintiff's Requests and Plaintiff's Identity on Punitive Damage Awards

Two experiments were conducted to study the manner in which civil jurors assess punitive damage awards. Jury-eligible citizens were shown a videotaped summary of an environmental damage lawsuit and told that the defendant had already paid compensatory damages. They were asked to judge liability for punitive damages and, if damages were to be assessed, to assign a dollar award. Three independent variables were manipulated in the case materials: the dollar amounts that were explicitly requested by the plaintiffs in their closing arguments to the jury, the geographical location of the defendant corporation, and the location of the lead plaintiff. Consistent with prior findings of anchor effects on judgments, we found that the plaintiffs requested award values had a dramatic effect on awards: the higher the request, the higher the awards. We also found that local plaintiffs were awarded more than were geographically remote plaintiffs, while the location of the defendant company did not have reliable effects on the awards. The implications of these results for procedures in civil trials and for theories of juror decision making are discussed.     

The inappropriate adult

Appropriate adults are supposedly a safeguard for vulnerable detainees, whether they are children or adults. Their role is unclear. Custody officers are responsible for calling appropriate adults, but often fail to do so. They mistakenly pass responsibility to police surgeons, who confuse fitness to plead with the need for an appropriate adult. Better guidance to assist custody officers in identifying mental disorder is required. Lay and professional people undertake the role of appropriate adult, but are inadequately trained. Social workers do not necessarily understand the role and family members sometimes act contrary to the detainee's best interest. A more 'professionalized' and inter-agency approach is required, as in Scotland. The voluntary sector has an important role to perform. There is also scope for extending the use of appropriate adults beyond detainees in police stations to cover all vulnerable witnesses at all stages of the criminal process.     

Spirituality and health outcomes among police officers: empirical evidence supporting a paradigm shift

The negative impact of traumatic and other work-related stressors on the health of police officers is well-documented. Spiritual development is also commonly mentioned in the professional literature as an effective means of protecting officers from the ill-effects of policing, reportedly resulting in improved health and wellness outcomes. However, few empirical studies have been conducted to support claims regarding spirituality and police officer health. The present study investigated what types of spiritual practices police officers used, the relationships between spiritual effort and spiritual growth regarding various psychological and stress-related symptomatology, and whether differences in psychological and health outcomes existed between police officers engaging or not engaging in spiritual practice (N = 193). With one exception, the results do not support the notion that enhanced spirituality is associated with lower illness symptoms or perceived stress. Rather, opposing findings were demonstrated involving positive associations between spiritual growth and distress. Spiritual effort, however, was inversely associated with alcohol use, a behavioral-based coping mechanism. Implications of these findings are discussed, and suggestions for reconceptualizing police health and spiritual practices are introduced.     

OBSERVATIONS ON POLICE UNDERCOVER WORK*

Law enforcement officers are dependent upon citizens to alert them to criminal violations of the law. When citizens do not willingly communicate information to the police or cannot be induced to do so, police officers themselves adopt fictitious identities of various types. This paper explores police undercover work, a form of covert law enforcement used to gather information about conduct external to the organization. Through interviews with supervisors and practitioners, the benefits and liabilities of the assignment for the officers and the organization are presented. The work enables the police to investigate citizens who are not suspected of criminal activity and therefore lends itself to abuse. The practice itself demands attention as the lack of operational guidelines, standardless selection of operatives, and loose supervision imperil the safety of officers and the rights of citizens.     

Police civil liability: An analysis of section 1983 actions in the Eastern and Southern districts of New York

This article examines the Section 1983 civil damage remedy and the Bivens-type action — the direct claim of the victim of official wrongdoing to obtain compensation for the denial of his or her Fourth Amendment rights. Using court records of cases filed under this statute from 1983 to 1987 in the Eastern and Southern districts of New York, the study determined: (1) the nature and volume of damages awarded by the courts in Section 1983/Bivens actions, (2) the differences in the amount of damages recovered from bench trials, jury trials, and settlements, (3) the parties involved in Section 1983 suits, (4) the trials and settlements, and (5) the time and resources spent by the parties and the courts on these cases. The analysis of the data was used to gauge the impact of these suits on individual police and police administrators.