Garner plus five years: An examination of Supreme Court intervention into police discretion and legislative prerogatives

This paper examines legislative changes, state attorney general activities, and early federal case law following the 1985 United States Supreme Court holding inTennessee v. Gamer that laws authorizing police use of deadly force to apprehend fleeing, unarmed, non-violent felony suspects violated the Fourth Amendment. Only four of the 23 states apparently affected by this decision have brought their statutes into line with it. Only two of the attorneys general in the remaining 19 states have advised police of the decision. These findings indicate that control of police discretion in use of deadly force has been assumed by police administrators, and that criminal law definitions and the legal advice of attorneys general are largely irrelevant to effective control of police behavior     

Police interrogation

Abstract

We describe a study of more than 1000 interrogations by Metropolitan Police Officers. Obtaining a confession is found to be the paramount reason for interviewing a suspect. However, few suspects who did not initially confess changed their minds during the interview. 42% of suspects admitted their guilt—about the same number as obtained before tape recording of interviews was introduced. Strength of evidence and legal advice were the principal factors associated with confessing. The confession rate also varied according to which police station hosted the “interview”. An “accusatorial” style of questioning was associated with the possession of strong evidence against the suspect.     

When Both Sides are Mistaken: Layperson and Legal Professionals’ Misconceptions of Canadian Suspects’ Legal Rights Upon Arrest

Canadian criminal suspects have notably limited access to legal counsel upon arrest compared to suspects in the U.S. Additionally, prior research has shown significant misunderstanding of police warnings informing suspects of their rights upon arrest. This paper presents three studies on Canadians’ comprehension of criminal suspects’ rights upon arrest, with a focus on the right to counsel. Study 1 (N=80) and Study 2 (N=377) examined Canadian layperson’s comprehension, knowledge, and perceptions of legal rights upon arrest. In turn, Study 3 (N=78) investigated Canadian legal professionals’ perceptions of laypersons’ knowledge of those rights. Results from these three studies indicated there is substantial confusion about the right to counsel for Canadian criminal suspects. These results also support previous research demonstrating problems with comprehension of Canadian police cautions. Taken together, the findings of the present research pose significant concern for an increased risk of false confessions from Canadian suspects who enter an interrogation with limited knowledge and understanding of their legal right to counsel.     

“The ‘New’ Malaysian Criminal Procedure: Criminal Procedure (Amendment) Act 2006”

This paper explores the reform process surrounding the recent changes to the Malaysian Code of Criminal Procedure concerning statements made to police officers, discovery, body searches, rights to legal advice and detention. The Criminal Procedure (Amendment) Act 2006 was the first major piece of legislation to reform the criminal process in Malaysia for 20 years and represented an attempt not only to deal with specific problems relating to police practice and the pre-trial process, but also to single out Malaysia as a progressive state within Asia committed to the Rule of Law. The problem which this paper seeks to address, however, is that while many of the reforms appear to be a welcome attempt to protect suspects in police custody from abuse (a startling contrast to the recent legislative measures introduced in the UK as part of the “war on terror”), to better regulate police investigations and to improve the overall quality of justice administered pre-trial, a doubt lingers as to the direction of that reform and of the values guiding the criminal process. It will be argued that, without clear cultural markers, implementation of the new measures is likely to be piecemeal and previous cultural practices will continue to undermine even the best of legislative intentions.     

警察武力使用的困惑与教学训练的反思

使用武力是人民警察自卫和打击、制服犯罪分子、犯罪嫌疑人的强制措施和保障生命安全的必要手段。然而,在警察执法实践中,思想观念陈旧,安全意识、法律程序意识乃至人权意识淡薄,违法使用武力、使用武力过当造成的伤害事例时有发生。因此,改变观念,强化法治意识,强化警务技能与战术训练,建全法律保障制度势在必行。     

The efficacy of the appropriate adult safeguard during police interviewing

Purpose. The main aim of the study was to examine the efficacy of the appropriate adult (AA) safeguard for vulnerable adult and juvenile suspects undergoing police interviews. Method. We examined the records of suspects held in custody by the London Metropolitan Police at 74 charging stations during February 1997 (Medford, Gudjonsson, & Pearse, 2000). Adult suspects whose custody record indicated psychological vulnerability were included in the study, as well as juvenile suspects. Audiotaped interviews of suspects were analysed using a special coding frame. The contribution (or lack of contribution) made by the AA, the extent to which they fulfilled their role, and the effect of their presence on other persons and interview outcome were examined and analysed. Results. Of the 501 interviews available for analysis, 365 (73%) were with adult suspects and 136 (27%) with juveniles. An AA was present during 212 (58%) adult interviews and 135 (99%) juvenile interviews. The AAs of juveniles, who were mainly family members and friends, contributed more in interview, both appropriately and inappropriately, than did social workers and volunteers, although overall there was little direct intervention bythe AA. Conclusions. Although AAs contribute little to the police interview in terms of verbal interactions, their mere presence during the police interview has three important effects. First, in the case of adults, but notjuveniles, it increases the likelihood that a legal representative will be present. Second, it appears to be associated with less interrogative pressure in interview. Third, in the presence of an AA, the legal representative takes on a more active role.     

警务实战应用与教学改革之探讨

人民警察在执法行动中,面对各种违法犯罪分子和犯罪嫌疑人,警察缉捕行动任务艰巨,瞬息万变,极具危险性。研究警察实战应用战术,转变思想观念,针对性展开教学改革,提高人民警察为人民服务意识、法制意识、战术意识以及自我保护意识,准确有效的控制、制服犯罪分子和犯罪嫌疑人至关重要。     

An analysis of how the police ‘caution’ is presented to juvenile suspects in England

In England and Wales, suspects must be given a police caution before they are questioned. The purpose of the caution is to explain a suspect's right to silence as a protection against self-incrimination. However, the evidence on whether the caution fulfils its purpose is limited. The aim of the present study was to describe how cautions were delivered in interviews with juvenile suspects in England. First, the study set out to describe how the caution was delivered to suspects during actual police interviews. Second, the study examined whether suspects claimed or demonstrated understanding of the caution. Third, the study analysed how the caution was explained by police officers. In total, the study examined 38 cautions from 31 interviews. The results indicated that police officers delivered the caution at a speed that is likely to be too fast for juvenile suspects to comprehend. Juvenile suspects often claimed to understand the caution, but when asked, failed to demonstrate comprehension. On the other hand, police officers often explained the caution to juvenile suspects, but not always correctly. Both suspects’ and police officers’ explanations of the caution revealed several misconceptions. The results suggest that the caution may not safeguard suspects as intended.     

Police officers’ judgements of veracity,tenseness, cognitive load and attempted behavioural control in real-life police interviews

Abstract

The present experiment examined the apparently incongruent findings that police officers (i) believe that suspects show nervous behaviour when they lie but (ii) seem able to detect deceit in suspects who do not show nervous behaviours. It was hypothesized that police officers’ judgements about whether a suspect is lying would not be correlated with their judgements regarding whether the suspect is tense, but, instead, would be correlated with their judgements regarding whether suspects are having to think hard or attempting to control their behaviour.

Each of 84 police officers saw seven truths and seven lies told by suspects during their police interviews. Participants in Condition 1 were asked to indicate after each clip whether the suspect was lying, whereas participants in Condition 2 were asked to note after each clip to what extent the suspect appeared to be tense, having to think hard or attempting to control their behaviour. Condition 3 was a combination of Conditions 1 and 2 and participants were asked all the above questions. The findings support the hypotheses and therefore negate the assumption that police officers primarily look for cues of nervousness when they attempt to detect deceit.     

The Challenge of Universal Norms: Securing Effective Defence Rights Across Different Jurisdictions and Legal Cultures

This article considers the contribution of comparative empirical research in shaping best practice norms for custodial legal advice, and helping to address challenges in their implementation. It traces the role of ECtHR decisions and EU Directives in developing transnational norms to strengthen suspects’ right to legal assistance. Recognizing how these norms are translated into the national context, it considers the value of comparative empirical and socio‐legal research in helping to develop legislative and training measures; how roles and responsibilities are shared out in different legal systems and traditions; and practical arrangements that facilitate or inhibit the effectiveness of custodial legal advice in practice. There is a tension between framing transnational norms that are sufficiently universal to attract support, without being so broad as to lack any transformational force, and sufficiently detailed to ensure respect for core protections without imposing legal requirements too rigid and difficult to be absorbed into diverse processes of criminal justice.     

Police use of deadly force: Research and reform

Police use of deadly force first became a major public issue in the 1960s, when many urban riots were precipitated immediately by police killings of citizens. Since that time scholars have studied deadly force extensively, police practitioners have made significant reforms in their policies and practices regarding deadly force, and the United States Supreme Court has voided a centuries-old legal principle that authorized police in about one-half the states to use deadly force to apprehend unarmed, nonviolent, fleeing felony suspects. This essay reviews and interprets these developments.     

“Drop the clipboard and help me!”: The determinants of observer behavior in police encounters with suspects

Much of the knowledge about police behavior on the streets is based on observational research. Little research, however, had examined the impact of reactivity in police observational data. One theme in the field research literature was that observer behavior could act as a source of bias in observational data. This article uses data from a large-scale observational study of police to predict this form of reactivity during encounters with suspects. In other words, “Are observer effects triggered by situational factors (i.e., dangerous suspects or situations) or a function of observer characteristics?” Results from a two-level hierarchical logistic model indicated that observers with higher academic rank (e.g., advanced graduate students), lower grade point averages, and more conservative attitudes toward criminality were less likely to get involved in police work during encounters with suspects. The implications of these findings for recruiting and training police researchers are discussed.     

试论警察的审讯圈套

警察审讯犯罪嫌疑人的目的是查明案件的事实真相和获取诉讼证据。犯罪嫌疑人出于防御的本能和趋利避害的心理,总是想否认犯罪,逃避惩罚,因此,审讯不可避免地存在着激烈的对抗性,警察如果想用对待普通守法公民的态度和方法从有罪者中获得证明其有罪的信息,显然是十分困难的,因此,他必须使用一些技巧和策略。从我国的刑事审讯实践看,欺骗性方法也是被实际允许并不时使用的。这种方法在刑事侦查学上常被称为“审讯策略”,其实质是“利用对方的劣势和弱点进行的心战智斗”。     

Differences in personality and mental state between suspects and witnesses immediately after being interviewed by the police

Abstract

There is increased recognition that people interviewed by the police are often psychologically vulnerable due to modest intelligence, mental health problems, disturbed mental state, and personality problems. The current study aimed to investigate differences in the mental state and personality between suspects and witnesses. The participants were 78 individuals (47 suspects and 31 witnesses) who had been interviewed by the Icelandic police. They were assessed psychologically immediately after the interview with the police was completed. Significant differences emerged between the two groups with the suspects being more depressed, hopeless, compliant and personality disordered than the witnesses. Four of the suspects claimed to have made a false confession to the police due to their immediate need or psychological problems.     

POLICING MENTALLY DISORDERED SUSPECTS: A REEXAMINATION OF THE CRIMINALIZATION HYPOTHESIS*

The criminalization hypothesis is based on the assumption that police inappropriately use arrest to resolve encounters with mentally disordered suspects. The current study uses data collected from two large‐scale, multisite field studies of police behavior‐the Project on Policing Neighborhoods (POPN) conducted in 1996–1997 and the Police Services Study (PSS) conducted in 1977‐to examine the relationship between suspect mental health and use of arrest by police. Multivariate results show that police are not more likely to arrest mentally disordered suspects. Implications for future research on the criminalization hypothesis 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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Lost in space? the role of place in the delivery of social welfare law advice over the telephone and face-to-face

ABSTRACT

Advice that is provided exclusively over the telephone has been promoted by government as more convenient and accessible than face-to-face appointments. The resulting push towards telephone-only provision, as implemented by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges the long history of association between social welfare law advice and local delivery within disadvantaged communities. This article reports on qualitative research comparing telephone and face-to-face advice which uncovers the continuing relevance of place in the dynamics and mechanics of social welfare law provision. Familiarity with the geographical location, knowledge of local policies and procedures, relationships with opponents and allies, and an understanding of the ‘local legal culture’ mean that face-to-face advisers are often able to conduct their legal casework more effectively. Conversely, local knowledge is unlikely to be available to Community Legal Advice telephone advisers. This research suggests that, in addition, telephone-only advisers may be developing a more narrow understanding of the essential qualities of casework. These findings are particularly significant in view of the likely future expansion of remote methods of delivery in legal aid work.     

POLICE SUSPICION AND DISCRETIONARY DECISION MAKING DURING CITIZEN STOPS*

This study examines the influence of racial, demographic and situational variables on types of police suspicion and the ancillary decision to stop and question suspects. Data were drawn from an observational study of police decision making in Savannah, Georgia. Based on the literature, we hypothesized that minority suspects will be more likely to be viewed suspiciously by the police for nonbehavioral reasons. We also hypothesize that minority status will play a significant role in the decision to stop and question suspicious persons. The findings from this study provide partial support for these hypotheses. The results indicate that minority status does influence an officer's decision to form nonbehavioral as opposed to behavioral suspicion, but that minority status does not influence the decision to stop and question suspects. We discuss the implications of these findings for understanding race and its role in police decision making.     

Situational and officer-based determinants of police coercion

Using data collected as part of an observational study of the police in Indianapolis, Indiana, and St. Petersburg, Florida, this article examines police use of force to gain a better understanding of why the police resort to force. Like analyses from previous observational studies, the present inquiry borrows from both sociological and psychological theoretical orientations to explore various determinants of force. Unlike previous examinations, the universe of behaviors considered is substantially expanded to include numerous types or levels of force, ranging from verbal commands and threats to the use of impact methods. An ordered probit analysis of 3,116 police-suspect encounters shows that officers often respond to legal stimuli (e.g., suspects' resistance, safety concerns) when applying force. Countering previous findings, it found that officers were not more coercive toward disrespectful suspects. However, the analysis revealed that officers were also influenced by extra-legal factors. Male, nonwhite, poor, and younger suspects were all treated more forcefully, irrespective of their behavior. In addition, encounters involving inexperienced and less-educated officers resulted in increased levels of police force. The implications of these findings, for both policy and future research, are considered.