Short‐Term Effects of Sanctioning Reform on Parole Officers' Revocation Decisions

Parole officials have traditionally been afforded considerable discretion when making sanctioning decisions to be able to tailor sanctions according to substantively rational concerns such as individuals' unique needs and situations. However, the application of substantive rationality in sanctioning can also generate unwanted disparities because sanctioning decisions may be based on extralegal factors that parole officials consider relevant. Concerns regarding disparate treatment of offender groups have prompted a number of states to consider adopting administrative violation response policies that emphasize formal rationality and uniformity by restricting parole officers' discretion and structuring sanctioning decisions according to legally relevant criteria. By emphasizing formal rationality in sanctioning, structured sanction policies present a dilemma for parole officers—uniformity versus individualized treatment. In 2005, the state of Ohio implemented an administrative violation response policy designed to reduce parole officers' reliance on revocation hearings and promote uniformity in sanctioning decisions. This study involved an examination of whether Ohio's shift to structured sanctioning coincided with differences in legal and extralegal effects on parole officers' decisions to pursue revocation hearings. Analyses of data collected before and after the implementation of the policy revealed a reduction in the number of revocation hearings officers pursued. Only modest increases in uniformity were observed, however, because there was little disparity resulting from officers' hearing decisions before the policy was put in place. These findings are discussed within perspectives on justice system actors' decision making.     

Judging Police Misconduct: "Street-Level" versus Professional Policing

In their interactions with citizens, police officers are prohibited from (1) using unnecessary Force, (2) Abusing their authority, (3) speaking Discourteously, or (4) using Offensive language, all captured by the acronym FADO. However, acts of police misconduct are complex social phenomena that involve both following legal guidelines and responding to extralegal or mitigating circumstances. Using a factorial survey of police‐civilian interactions that introduce various dimensions of FADO and surrounding circumstances, respondents are asked to rate from zero to ten the seriousness of police misconduct in an encounter. Findings show that respondents' judgments of the seriousness of misconduct consider both legal and extralegal dimensions. On the legal side of the ledger, officers' unnecessary use of force and use of offensive language significantly increase judgments of serious misconduct; on the extralegal side of the ledger, civilians' confrontational demeanor significantly reduces judgments of serious misconduct. The findings suggest that citizens expect officers to behave professionally, or by the book, but with a recognition that “street‐level” discretion has a place in an officer's toolkit. Citizens' expectations that street‐level discretion has its place is also demonstrated by findings for the dimension abuse of authority: Abuse or threatening behavior by officers is not a significant predictor of serious police misconduct. In addition, characteristics of the respondents explain propensities to observe different degrees of police misconduct. Controlling for the social status, political orientation, and prior experience of respondents with the police, we find that (1) blacks rate police misconduct significantly higher than their white counterparts, and (2) liberals rate police misconduct significantly higher than their conservative counterparts. Differences in judgments by blacks and whites and by liberals and conservatives concerning judgments of police misconduct have important implications for the legitimacy of police authority.     

Police officers' perceptual distortions during lethal force situations: Informing the reasonableness standard*

Research Summary In 1989, the U.S. Supreme Court held that determinations about the constitutional appropriateness of police force usage—deadly or not—must be “judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” Although the Court's ruling established a clear standard for judging officers' actions (i.e., the perspective of a reasonable police officer on the scene), we know little about the sorts of factors that might frame the perspective of reasonable police officers during situations in which they apply force. This article presents the results of a study that examined 80 police officers' detailed accounts of how they perceived what transpired during 113 incidents in which they shot citizens. Respondents reported experiencing a wide range of sensory distortions, with the vast majority of officers reporting two or more distinct sorts. This study takes these findings as a point of departure to expand our understanding of what constitutes a reasonable officer's perspective during the tense, uncertain moments during which he or she makes the decision to employ deadly force. Policy Implications Given that officers are likely to experience multiple distortions during shootings, the findings have implications for civilian and police oversight policies. In particular, those responsible for reviewing police shooting incidents should take into consideration that officers' behavior will not always be based on the objective reality of what is occurring at the time they decide to pull the trigger, but rather an altered conception of it. Such an understanding is crucial to improving the image of police in certain communities and positively impacting citizen trust of, and satisfaction with, the police.     

LAW ENFORCEMENT IN A TIME OF COMMUNITY POLICING*

Community policing creates the expectation that oficers will become more selective in making arrests and that those decisions will be influenced more by extralegal considerations and less by legal ones. Data on 451 nontraffic police-suspect encounters were drawn from ridealong observations in Richmond, Virginia, where the police department was implementing community policing. The arrest/no arrest decision is regressed on variables representing legal and extralegal characteristics of the situation. Legal variables show much stronger effects than extralegal ones, but that depends upon the officer's attitude toward community policing. Supporters of community policing are, as predicted, more selective in making arrests and much less influenced by legal variables than are officers with negative views. However, pro-community-policing officers are like negative officers in the extent of influence exerted by extralegal factors. There are some differences between the two groups of officers on the strength and direction of effects of predictor variables taken individually, but only 1 of 17 is significant. Thus, in a time of community policing, officers who support it do manifest some arrest decision patterns distinguishable from those of colleagues who adhere to a more traditional view of law enforcement.     

City police and drunk driving: Baseline data

Public attitudes, social movement organizations, and criminal justice laws regarding drunk driving have undergone significant changes in recent years. These changes raise important questions about police, who act as gatekeepers for the rest of the criminal justice system. Very little, however, is known about what police did in the years when drunk driving was viewed as a less serious social problem or about what police do now. I attempt to answer the first of these questions using data collected in the early 1970s, an important, largely unexamined period in the history of city police and drunk driving. The data provide a baseline for contemporary research. City police did not give contacts with drunk drivers a high priority, preferred to avoid these encounters, and made arrests on the basis of both legal and extralegal factors; extralegal factors were more important than legal factors. I examine the implications of the baseline data for contemporary policing.     

POLICE OFFICERS' ATTITUDES,BEHAVIOR, AND SUPERVISORY INFLUENCES: AN ANALYSIS OF PROBLEM SOLVING*

This paper examines the influence of officers' and supervisors' attitudes and priorities toward community policing and problem solving over the time officers spend conducting problem‐solving activities. Analyzing data collected for the Project on Policing Neighborhoods, a multi‐method study of police patrol in two police departments, results show that officers' perceptions of their supervisors' priorities for problem solving affect the amount of time they spend conducting these activities, although their own attitudes toward community policing are unrelated to their behavior. We also find that officers' attitudes regarding problem solving are weakly correlated with their supervisors' attitudes and, further, that officers' perceptions of their supervisors' attitudes are often inaccurate.     

POLICE CULTURE AND COERCION*

Researchers have long noted the link between police culture and coercion. To date, however, there have been no empirical studies of this relationship. Using data collected as part of a systematic social observation study of the police in Indianapolis, Indiana, and St. Petersburg, Florida, this research examines the relationship between traditional views of police culture—from an attitudinal perspective‐and coercion—from a behavioral perspective. After developing a classification scheme of officers' outlooks in the context of police culture, we examine the extent to which officers' alignment with cultural attitudes translates into differences in coercive behavior. The findings indicate that those officers who closely embody the values of the police culture are more coercive compared with those that differentially align with the culture, suggesting that police use of force is a function of officers' varying attitudinal commitments to the traditional view of police culture. The implications of these findings for policy and future research are considered.     

DOUBLE MARGINALITY OF BLACK POLICEMEN

This article explores the extent to which black policemen are victims of “double marginality” (Alex. 1969). From secondary data on 576 black male policemen in a large metropolitan area, it was found that the concept of double marginality has little explanatory power in accounting for variation in either black officers' perception of public involvement in police affairs or black officers' perception of police authority. These findings raise serious questions about the general applicability of the marginality concept in explaining black officer' perceptions today.     

Police Sexual Misconduct: Female Police Officers' Views Regarding Its Nature and Extent

Sexual misconduct among on-duty police officers has received little scholarly attention. Existing research that has attempted to provide police officers' views on this matter has been dominated by the male perspective. The present study focuses on female officers' perspectives and provides insight into the nature and extent of such behavior. The findings show that female officers report that police sexual misconduct is common. Differences in perceptions about such behavior between female and male officers are identified. Theoretical explanations for police sexual misconduct are explored. Policy implications of how police sexual misconduct might be better controlled are discussed.     

Measuring double consciousness among black law enforcement officers to understand the significant role of race in law enforcement occupational cultures

The current study correlates Merton's anomie theory and W. E. B. Dubois's double-consciousness theory to measure black law enforcement officers' reactions to occupational strain resulting from officers' ethnic-identification. Measuring levels of anomic behavior provides a scale for identifying levels of risk affecting the well-being of individual officers and organizations. Testing hierarchal regression models with a national sample of black state- and federal-level law enforcement officers (n = 84) reveals a presence of double consciousness as a significant predictor for levels of anomic behavior in law enforcement occupational cultures. It also further suggests that race remains a significant factor in law enforcement organizations and cultures, whereas many police executives would prefer to believe that race issues in policing are settled.     

SOME MISLEADING CONCEPTIONS IN SENTENCING RESEARCH

Most studies of sentencing practices in both adult and juvenile courts have compared the relative power to predict dispositions of “legal” variables, such as the seriousness of offense and previous arrest record, and “extralegal” variables, such as race and social class. It is suggested that this is a misleading model for research on the decision-making process in juvenile courts. Instead, results presented here indicate that the juvenile court uses a model of substantive decision-making oriented toward the character and social environment of offenders. Social background variables are found to be more important determinants of disposition than either “legal” or “extralegal” variables.     

Fatal impact? The effects of emotional arousal and weapon presence on police officers' memories for a simulated crime

Purpose . (1) To investigate the effects of emotional arousal and weapon presence on the completeness and accuracy of police officers' memories; and (2) to better simulate the experience of witnessing a shooting and providing testimony. Methods . A firearms training simulator was used to present 70 experienced police officers with either a shooting or a domestic dispute scenario containing no weapons. Arousal was measured using both self‐report and physiological indices. Recall for event details was tested after a 10‐minute delay using a structured interview. Identification accuracy was assessed with a photographic line‐up. Results . Self‐report measures confirmed that the shooting induced greater arousal than did the other scenario. Overall, officers' memories for the event were less complete, but more accurate, when they had witnessed the shooting. The recall and line‐up data did not support a weapon focus effect. Conclusions . Police officers' recall performance can be affected both qualitatively and quantitatively by witnessing an arousing event such as a shooting.     

Police officers’ attitudes toward their role and work: A comparison of black and white officers

This study tests whether Black and White police officers differ in job-related attitudes. The analyses focus on officers’ attitudes toward police role, selective enforcement, legal restrictions, and departmental problem-solving efforts. Survey data were collected from the Indianapolis Police Department (IPD) during the summer of 1996. Findings show that compared to White officers, Black officers tend to have a broad role orientation, be less selective, and have positive attitudes toward legal restrictions. Implications for future research and policy are also discussed.     

Global Warming: Will There Be Exposure for Directors and Officers and Will It Be Covered?

This article will explore the potential legal liabilities of corporate officers and directors due to the effects of global warming on the business of their corporation, as well as the insurance coverage issues likely to arise under directors' and officers' (D&O) liability policies in light of those liabilities. The article focuses particularly on the pollution exclusion and the bodily injury and property damage exclusions, and also explores scenarios that may engender attempts by insurers to rescind the policy.     

Studying the reach of deterrence: Can deterrence theory help explain police misconduct?

This article reports the first perceptual deterrence study of a sample of police officers. The study investigated the influence of traditional deterrence considerations, extralegal sanctions, and impulsivity on the intention to commit several hypothesized acts of police misconduct. The results were largely consistent with perceptual deterrence findings from samples of college students, experienced offenders, and corporate managers. In particular, this study found that both legal and extralegal sanction threats potentially deter police misconduct. Further, it found that impulsivity diminished the deterrent influence of both sanction forms. The study also found that some of the effects of the explanatory variables depended on whether officers had prior punishment experience. The article discusses the implications of its findings for combating police misconduct and for deterrence research generally.     

Predicting Pre-Adjudicatory Detention Decisions

Abstract

Findings from studies examining the impact of legal and extralegal characteristics in determining pre-adjudicatory detention within the juvenile justice system have been inconsistent. Logistic regression was used to examine the independent, and interaction, effects of certain legal and extralegal factors in the decision to detain juveniles in counties in two Northeastern states. The results suggest race continues to exert a significant effect on detention decisions when controlling for various legal and extralegal/nonlegal factors.     

Technological Innovation and Police Officers' Understanding and Use of Force

Today, the TASER is a ubiquitous less‐than‐lethal force technology lauded for its ability to curb police officers' use of excessive and lethal force. Although less injurious than other weapons, concerns exist that the TASER can still be misused by police officers. This article uses ethnographic observations and unstructured interviews across three urban police departments to describe how the TASER affects officers' understanding and use of force in beneficial and unintended ways. I find that officers understand and use the TASER as a device that can enhance safety for themselves and suspects, including in cases where the TASER is used in lieu of lethal force that officers believe would have been justified. Despite these benefits, understanding of the TASER as a safety‐enhancing technology also influences the use of excessive force via TASER by young, inexperienced officers, ultimately contributing to the very problem TASERs were intended to ameliorate.     

Police officer perceptions of the impact of Crisis Intervention Team (CIT) programs

The Crisis Intervention Team (CIT) program is an approach for law enforcement officers to safely response to individuals who are experiencing a mental health crisis. Research must identify the components of CIT that are instrumental to the overall effectiveness of the program. For instance, recent studies report that CIT may have a transformative effect on officers' attitudes by increasing exposure to and familiarity with mental illness. This study explores this possibility further by examining 57 CIT officers' experiences with mental illness and attitudes about CIT. Specifically, we assessed how personal and professional exposure to mental illness associates with officers' perceptions about CIT generally, as well as with opinions about the officers' confidence in their abilities and the perceived effectiveness of the police department in responding to individuals in mental health crisis. Our findings indicate that CIT is rated very positively by officers. We found that officers' attitudes about the impact of CIT on improving overall safety, accessibility of services, officer skills and techniques, and the preparedness of officers to handle calls involving persons with mental illness are positively associated with officers' confidence in their abilities or with officers' perceptions of overall departmental effectiveness. There is further evidence that personal contact with individuals with mental illness affects the relationship between attitudes that CIT impacts overall safety and perceived departmental effectiveness. The results of this exploratory study underscore the importance of CIT officers' perceptions of key elements of CIT and the role of exposure to mental illness in examining program effectiveness.     

THE HELPING HAND OF THE LAW: POLICE CONTROL OF CITIZENS ON REQUEST*

This study examines how patrol officers respond to citizens' requests that officers control another citizen—by advising or persuading them, warning or threatening them, making them leave someone alone or leave the scene, or arresting them. Data are drawn from field observations conducted in Indianapolis, Indiana, in 1996 and St. Petersburg, Florida, in 1997. Officers granted the request for the most restrictive form of control requested by the citizen in 70% of the 396 observed cases. Several factors were modeled to determine their influence on officers' decisions to grant or deny the most restrictive request. These factors include legal considerations, need, factors that attenuate the impact of law or need, the social relationship between the requester and target of control, and personal characteristics of the officer. Multivariate analysis shows that the most influential factors were legal considerations. When citizens requested an arrest, the likelihood that the police would be responsive dropped considerably. However, as the evidence of a legal violation against the targeted citizen increased, so did the odds of an arrest. Officers were less likely to grant the requests of citizens having a close relationship with the person targeted for control, disrespectful of the police, or intoxicated or mentally ill. The race, wealth, and organization affiliation of citizen adversaries had little impact on the police decision. Male officers, officers with fewer years of police experience, and officers with a stronger proclivity to community policing, had significantly greater odds of giving citizens what they requested. The implications of the findings for research and policy are discussed.     

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.