HOW CITIZENS ASSESS JUST PUNISHMENT FOR POLICE MISCONDUCT*

In their dealings with citizens, police in most jurisdictions across the country are prohibited from using unnecessary force, abusing their authority, discourteous behavior, and offensive language. This study examines the factors that contribute to citizens' judgments of fair punishment for police misconduct. Using a factorial survey, citizens are asked to judge vignettes of police misconduct that describe encounters between officers and civilians in detail. The findings show that citizens do weigh the officer's behavior, particularly the unnecessary use of force, and mitigating evidence, particularly the degree to which the civilian is injured. Also, the findings show that respondents' social status, including their race, does not explain ratings, but that respondents' political orientation, that is, liberal versus conservative orientation, does make a significant difference. The findings demonstrate a normative consensus among respondents about the factors to weigh in judging a fair punishment for police misconduct as well as a consensus about the relative severity of appropriate punishment. There is some disagreement among citizens, however, about how to translate judgments of relative severity into a specific punishment for a particular case.     

Does the police code of silence vary with police assignment? An empirical exploration of the relation between the code and assignment

ABSTRACT

This paper contains an in-depth exploration of the relation between police code of silence and police assignment. A police integrity survey was used to measure the contours of the code among Croatian patrol officers, detectives, and community-policing officers. Samples of police officers evaluated fourteen hypothetical scenarios describing various forms of police misconduct. Whereas the type of assignment was a weak predictor of the respondents’ adherence to the code of silence, the respondents’ assessments of misconduct seriousness and expected discipline, as well as perceptions whether other officers would report misconduct, were strong predictors of the respondents’ own expressed adherence to the code.     

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.     

Police Integrity and the Czech Police Officers

The Velvet Revolution of 1989 ended the socialist period in former Czechoslovakia. Sixteen years after the transition toward democratic policing, we explore the integrity contours of the Czech police. In the summer of 2005, we surveyed more than 600 police officers from East Bohemia regarding their perceptions about the seriousness of police corruption, the appropriate punishment such misconduct deserves and would receive, and their willingness to report misconduct. The results indicate that the majority of the respondents correctly labeled behaviors described in our questionnaire as rule‐violating. Furthermore, with the exception of the least serious forms of corruption, they supported and expected the two most serious forms of discipline: a cut in salary and dismissal. Finally, the majority of the respondents said that they would not be willing to tolerate the most serious forms of corruption in silence.     

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.     

Police use of excessive force: Does the race of the suspect influence citizens' perceptions?

Instances of excessive force by police officers, most notably the Rodney King incident in Los Angeles and the Malice Green fatality in Detroit, suggest that the race of the suspect may influence the decision to use excessive force. If police practices are simply a reflection of the expectations of larger society, then it follows that citizens' evaluations of police brutality toward minorities might reflect this sentiment. As part of a larger study focusing on the exploration of police misconduct, a telephone survey containing 16 vignettes was developed, each vignette described a separate type of misconduct in which a hypothetical officer was involved. Of these 16 vignettes, 3 described the misconduct of excessive force and are analyzed for the present study. A random sample of 992 Ohio citizens were surveyed. The hypothesis that citizens in general assign significantly lower seriousness scores to excessive force on African Americans and Hispanics than on whites was tested. Our hypothesis was not supported. Instead, we found evidence to suggest that the behavior of the suspect during the arrest and the behavior of the police officer are much more significant correlates of citizens' perceptions of police use of excessive force than is the race of the suspect.     

Public Experiences of Police Violence and Corruption in Contemporary Russia: A Case of Predatory Policing?

“Predatory policing” occurs where police officers mainly use their authority to advance their own material interests rather than to fight crime or protect the interests of elites. These practices have the potential to seriously compromise the public's trust in the police and other legal institutions, such as courts. Using data from six surveys and nine focus groups conducted in Russia, we address four empirical questions: (1) How widespread are public encounters with police violence and police corruption in Russia? (2) To what extent does exposure to these two forms of police misconduct vary by social and economic characteristics? (3) How do Russians perceive the police, the courts, and the use of violent methods by the police? (4) How, if at all, do experiences of police misconduct affect these perceptions? Our results suggest that Russia conforms to a model of predatory policing. Despite substantial differences in its law enforcement institutions and cultural norms regarding the law, Russia resembles the United States in that direct experiences of police abuse reduce confidence in the police and in the legal system more generally. The prevalence of predatory policing in Russia has undermined Russia's democratic transition, which should call attention to the indispensable role of the police and other public institutions in the success of democratic reforms.     

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.     

American police and subcultural support for the use of excessive force

This article examines police officers' perceptions and tolerance of abuse of force. Data were collected from 3,230 sworn personnel in thirty American departments. Officers rated the seriousness of an excessive force violation, their support for discipline, and their willingness to report such misconduct. Novice officers, highly experienced veterans, and supervisory personnel were more likely than officers with moderate levels of experience to view excessive force as serious and worthy of more severe discipline. Officers in these groups also indicated greater willingness to report such incidents.     

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.     

THE POLICE AND CHILD ABUSE: AN ANALYSIS OF POLICE DECISIONS TO REPORT ILLEGAL BEHAVIOR*

This research examines police decisions to report child abuse. A questionnaire was administered to 142 law enforcement officers at both municipal and county police agencies in a southern county. Vignettes were used to determine the response of police to several abuse events that differ in their nature and seriousness. Other items measured include dogmatism, knowledge of the reporting law, and experience reporting child abuse. The results indicate that the primary contributors to police decisions are definition of the behavior as serious, perception that the behavior is criminal, and race of the family. Conclusions and inferences are made regarding how these perceptions are formed and their impact on police discretion.     

AN ANALYSIS OF PAROLE DECISION MAKING USING A SAMPLE OF SEX OFFENDERS: A FOCAL CONCERNS PERSPECTIVE*

We use data from pre‐sentence investigations and official parole board records to study the correlates of parole release among a sample of men incarcerated for sexual offenses. Cox proportional hazard models are used to estimate change in the likelihood of parole over time, and the focal concerns theory provides the theoretical framework for the analyses. The findings suggest a complex interplay of legal and extralegal factors in understanding parole release decisions. Parole officials weigh heavily offense seriousness, institutional misconduct, and parole readiness scores in making release decisions. In addition, study results reveal that victim and offender age is a salient factor in determining parole judgments. Overall, the current analysis provides a baseline for future research on parole decision making in general, and sexual offenders, in particular.     

治安管理处罚自由裁量权不当运用之防范

公安行政权的特殊性导致治安管理处罚自由裁量权的广泛存在,且"自由空间"较大,缺少相关立法和制度约束,使得治安管理处罚自由裁量权难以有效控制,容易被不适当运用,直接损害治安管理处罚相对人的合法权益,严重影响着法律、法规的权威性和严肃性,延缓公安法制规范化进程。因此,最大限度地发挥治安管理处罚自由裁量权的正面作用,有效防止它的不适当运用就显得格外重要。     

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.     

The influence of strain on law enforcement legitimacy evaluations

Purpose

While law enforcement officers have the state-sanctioned authority to use force as a way to ensure citizen obedience with the law, research has found that when private citizens evaluate the police as legitimate, they are more likely to comply with legal demands and cooperate with the police. Although procedural justice has shown to be a highly significant predictor of perceived police legitimacy, research has found other correlates of this outcome, including ethnic identity, low self-control and structural economic disadvantage. To date, no study has explored whether strain influences perceptions of the legitimacy of law enforcement.

Methods

A series of linear regression equations was estimated using survey data collected from a convenience sample of college students to determine the effect of strain on perceived police legitimacy.

Results

Even after controlling for procedural justice, strain exerted a negative and statistically significant influence on law enforcement legitimacy evaluations.

Conclusions

Police officers are encouraged to interact with citizens in procedurally just manners and to also consider people's strain levels when enforcing the law.     

Women Police Officers and the Use of Coercion

Abstract

Despite numerous advances in the last thirty years, women police officers continue to face acceptance issues in a male-dominated occupation. Qualitative accounts of policewomen have noted that many of the integration barriers stem from traditional assumptions about police work, much of which revolves around the cultural mandate to display one's coercive authority over citizens. Female officers are often perceived as unwilling (or lacking in ability) to use coercion when encountering citizens. Unfortunately, little empirical evidence is available to support this claim, as gender studies that specifically examine the use of coercion have tended to focus on excessive force. Using data collected as part of a systematic social observation study in Indianapolis, Indiana, and St. Petersburg, Florida, this research examines both verbal and physical coercion that policewomen use in day-to-day encounters with citizens. The results of this study challenge one of the most fundamental stereotypes levied against women police officers. Contrary to traditional assumptions, female police officers (compared to their male counterparts) are not reluctant to use coercive force, and examinations of both verbal and physical force reveal few differences in not only the prevalence of each behavior, but also in the commonly associated explanatory factors. The article concludes with the implications of these     

Some factors in police discretion and decision making

This is a study of the exercise of police discretion as indicated by the responses of police recruits to a series of ambiguous, but common incidents. The situations are ambiguous in that they do not call for a clear course of action. The study measures the influence on the use of discretion of certain factors characterizing the police officers and the incidents themselves. The key finding is that the recruits most often seem to impose their own brand of justice based upon their judgement of what the community's expectations of the appropriate police response are. This judgement is most influenced by the accumulation of experience or “street wisdom”.     

The theory of planned behavior and policing: how attitudes about behavior,subjective norms,and perceived behavioral control affect the discretionary enforcement decisions of police officers

This research used qualitative methods to investigate police officer decision-making processes within the context of the theory of planned behavior from the discipline of psychology. Interviews with police officers were conducted to elicit how the constructs of attitudes about enforcement behaviors, subjective norms, and perceived behavioral control manifest themselves in a policing context and how they affect the enforcement decisions that police officers ultimately make. The results indicated that officer attitudes about enforcement behaviors impact the decisions officers make with the caution that the impact of these attitudes varies across varying situational contexts. In terms of subjective norms, officers were primarily concerned with supervisor expectations more than the expectations of coworkers or the community in general. Officer decisions are also impacted by perceived limits on their discretion with these perceived limits being largely conditioned by offense seriousness. Theoretical implications of the findings and directions for future research are discussed.     

The Reporting Procedure for Police Officers who have Used Serious Force Under Dutch Law and the Privilege Against Forced Self-incrimination

Recently the controversy about the police use of force has increased within The Netherlands. Simultaneously it has become clear that courts have provided divergent judgments in these cases; some have sentenced and others have acquitted police officers. Whereas victims of the police use of force increasingly ask for the prosecution of these officials, others demand to change the reporting procedure in favor of the officer’s legal position. This research explains how the reporting procedure for these cases is construed under Dutch law – particularly regarding the serious use of force – seeing that such a contribution currently lacks in (inter)national legal literature. Besides, it examines to what extent the abovementioned procedure violates the officer’s right against forced self-incrimination under the ECHR. This research concludes, in absence of a court ruling, that the procedure is incompatible with the ECHR when the evidence that follows from the officers’ duty to notify is admissible in criminal procedures.