Civil Asset Forfeiture Laws and Equitable Sharing Activity by the Police

Research Summary

For several decades, critics have argued that civil forfeiture laws create incentives for law enforcement to increase departmental revenue by “policing for profit.” By using data on federal equitable sharing payments to nearly 600 local law enforcement agencies between 2000 and 2012, we examine the relationship between the characteristics of state forfeiture laws and equitable sharing payments to local agencies. Our results indicate that agencies in states with state laws that are more restrictive or less rewarding to police collect more in federal equitable sharing. This finding supports the critics’ argument that police behavior in regard to forfeiture activities is influenced by the financial rewards and burdens involved.

Policy Implications

Our results reveal that the findings of investigative journalism and case study research, that is, that police forfeiture activities are influenced by financial rewards, may be more generalizable to law enforcement than previously thought. Despite recent state‐level reforms, federal equitable sharing and most state forfeiture laws provide limited due process protections and have minimal accountability or reporting requirements. Concerns about the impact of civil forfeiture practices on perceptions of procedural justice and police legitimacy are discussed, and possible policy reforms are reviewed.     

Judicial scrutiny of gender-based employment practices in the criminal justice system

Purpose

This article examines employment practices of criminal justice agencies within state and federal court decisions that have interpreted sex discrimination claims under Title VII of the 1964 Civil Rights Act.

Methods

After collecting and analyzing appellate court cases through the LEXIS-NEXIS and WESTLAW databases, the article examines lower state and federal court decisions that have been applied by the U.S. Supreme Court to criminal justice workplaces.

Results

The findings show that employment practices are valid if the employer can demonstrate: first, the disputed discriminatory action is based on considerations not solely dependent on the plaintiff's gender; and second, such considerations are more than mere pretext, making them justifiable under the circumstances.

Conclusions

Courts have considered a wide range of employer practices in both law enforcement and corrections agencies at various stages of the employment process, such as hiring, assignment of duties, promotion, discipline, and termination. Title VII is violated when the employers’ adverse employment action is motivated by discriminatory intent and is based on gender stereotypes. Even so, employment actions are legal when employers prove their employment actions are not based on sex stereotypes, but are either business-related or justified by “legitimate,” “important,” or “compelling” interests.     

The influence of occupational strain on organizational commitment among police: A general strain theory approach

Purpose

Using a General Strain Theory (GST) framework, this study examines the role of various strains on officers’ organizational commitment to their agencies. In addition, the mediating effect of negative affect is investigated.

Methods

A total of 180 law enforcement personnel from multiple agencies in the Northern Kentucky area were surveyed.

Results

Two strains, the failure to achieve positively valued goals and the removal positively valued stimuli, significantly predicted greater negative affect. Negative affect did not serve as a mediating variable between strain and officers’ commitment to the department. The failure to achieve positively valued goals, the removal of positive stimuli, and the two measures of presentation of noxious stimuli all significantly and directly influenced an officer's commitment to the agency after controlling for negative affect.

Conclusions

GST is a viable theoretical framework in which to study organizational commitment among police officers as various strains have been shown to result in officers being less committed to their police agencies. Consequently, policies that attempt to alleviate those strains or stressors commonly faced by officers can increase the dedication and possibly the job performance of America's law enforcement officials.     

The reliability of police employee counts: Comparing FBI and ICMA data, 1954-2008

Researchers commonly use secondary data counts of police employees from police agencies. There has been some concern with using such data, yet there have been no published systematic assessments of their reliability.

Purpose

This paper compares the reliability of annual counts of police officers and civilians from the FBI's Police Employees data to those in the International City/County Management Association's (ICMA) Municipal Year Book reported for 38 large city police agencies between 1954 and 2008.

Methods

We use bivariate correlations and visual analyses of line charts to demonstrate the reliability of these two datasets, examining in particular situations in which inaccuracies emerged.

Results

Overall, both data sets record accurate counts of police employees, but there is some evidence of reporting irregularities. These irregularities manifest themselves as either city/agency-specific or temporally-bounded reporting errors.

Conclusions

Although reporting errors are rare in these data, future researchers should consider the potential impact of reporting errors for certain years and agencies.     

Can financial incentives reduce juvenile confinement levels? An evaluation of the Redeploy Illinois program

Purpose

Assessments of ongoing fiscal restructuring of juvenile justice system processes and the impact such restructuring has on juvenile incarceration rates are limited. When impacts of fiscal restructuring efforts have been assessed, researchers have focused on systemic, macro level changes in incarceration rates but avoided more focused, micro level impacts. This study fills this knowledge gap by examining the recent implementation of the Redeploy Illinois program in two pilot sites. In the Redeploy Illinois program, financial incentives were provided to select counties to develop community based alternatives to incarceration. The goal was to alleviate over reliance on state funded residential facilities for evaluation and confinement purposes.

Methods

Agency data were analyzed using qualitative methods to examine the effects of this change.

Results

Results of this study demonstrated that counties participating in the pilot test of the Redeploy Illinois program were able to reduce their levels of juvenile commitment to the state. Peoria County exceeded their reduction benchmark for all but two years, and St. Clair County well exceed their reduction benchmark for all full calendar years subsequent to implementation.

Conclusions

Findings are consistent with the limited literature exploring fiscal restructuring efforts designed to reduce county levels juvenile commitments.     

Crime-minimizing drug policy

Objective

To identify changes in drug abuse control measures that would reduce non-drug crime.

Method

Policy analysis.

Results

Expanding current anti-drug efforts in the conventional triad of enforcement, prevention, and treatment (including drug courts) holds out little hope of reducing non-drug crime. Routine drug law enforcement risks increasing crime by raising drug prices and creating incentives for violence among dealers. Low-arrest crackdowns to break up flagrant markets promise better results.Even good prevention programs have modest effect sizes, and most prevention programs are not based on proven models.The overlap between the population of heavy illicit drug users and the population of frequent non-drug offenders presents a problem and a policy opportunity that current programs largely fail to grasp.Drug treatment, except for opiate substitution, has difficulty recruiting and retaining clients, and weak sanctions systems render treatment mandates largely nominal. Abstinence-mandate programs such as HOPE and Sobriety 24/7 have shown superior results in reducing re-offending and incarceration.Raising alcohol taxes reduces heavy alcohol use and crime due to intoxication without generating any offsetting criminogenic effects.

Conclusion

Current drug policies are not optimally designed for the control of non-drug crime. Improvements are within relatively easy reach.     

The Convergent and Discriminant Validity of Procedural Justice and Police Legitimacy: An Empirical Test of Core Theoretical Propositions

Purpose

Procedural justice and police legitimacy have been recognized as important antecedents to people's willingness to cooperate with police officers and obey the law. What existing literature lacks, however, is a thorough psychometric examination of procedural justice and police legitimacy with respect to convergent and discriminant validity.

Methods

The present study employs confirmatory factor analysis to examine convergent and discriminant validity and ordinary least squares regression to assess whether revised scales operate similarly to ones used in past research.

Results

Results suggest that the legitimacy construct is not internally consistent and that one of its subscales loads with the procedural justice items to form a single scale composed of both procedural justice and legitimacy items. Regression analyses indicate that the modified measures operate similarly to traditional ones.

Conclusion

It is urged that researchers pursue the theoretical and empirical development of procedural justice and police legitimacy in order to further the study of the normative model of policing.     

Examining macro-level impacts on procedural justice and police legitimacy

Purpose

Many studies have lent empirical support to the procedural justice model of police legitimacy; however, there has, as yet, not been widespread consideration of the potential impact of neighborhood- and community-level factors on people's perceptions of procedural justice or police legitimacy. The present study integrates the macro-level policing literature with the psychological-based procedural justice framework to uncover what effects, if any, the sociostructural environment has on procedural justice and police legitimacy.

Methods

Hierarchical linear modeling integrates census and survey data within a single, mid-sized city.

Results

Concentrated disadvantage exerted a marginally-significant impact on procedural justice, and on police legitimacy while controlling for procedural justice. Procedural justice remained the strongest predictor of legitimacy, even when accounting for macro-level characteristics.

Conclusions

The effect of procedural justice on police legitimacy appears to be robust against the deleterious impacts of concentrated disadvantage. This has implications for procedural justice research, theory, and policing.     

Cleaning up your act: Forensic awareness as a detection avoidance strategy

Purpose

Although rational choice researchers has investigated how offenders successfully commit certain crimes, there is a lack of research looking at the factors explaining the use - or not - of certain detection avoidance strategies. This study introduces the concept of “forensic awareness” as a detection avoidance strategy, and proposes to examine the effect of disinhibitors, target selection behaviors, and acts that may potentially leave evidence at the crime scene on its use.

Methods

Factors influencing forensic awareness are tested using logistic regression models on a sample of 222 rape events collected from offenders incarcerated in Canada.

Results

Offenders exhibit less forensic awareness when under the influence of drugs and/or alcohol. However, offenders who show some form of target selection are more likely to take forensic precautions. Finally, offenders who break and enter in the victim's residence, and undertake specific sexual acts during the crime are also more likely to exhibit forensic awareness.

Conclusion

Despite the increasing use and knowledge of forensic evidence by law enforcement, offenders are inconsistent in their forensic awareness and they direct most of their efforts toward protecting their identity, neglecting to either destroy or clean up DNA that could be recovered at the crime scene.     

Procedural justice during police-citizen encounters: The effects of process-based policing on citizen compliance and demeanor

Purpose

Theories of procedural justice have facilitated the development of a process-based approach to policing which emphasizes the fairness of the manner in which the police exercise their discretion. The study examines whether procedurally fair behavior by the police affects two types of citizen behavior during encounters: citizen disrespect toward the police and citizen noncompliance with police requests.

Methods

This study uses data from systematic social observations of police-citizen encounters to examine procedural justice factors on citizen behavior. Because of the reciprocal nature of police-citizen interactions, an instrumental variable is used in the statistical analysis to help address the causal relationship between police force and citizen disrespect.

Results

The statistical analyses find limited support for procedural justice factors. Two types of procedurally fair behavior by the police, police demeanor and their consideration of citizen voice, are significant in reducing citizen disrespect and noncompliance, respectively.

Conclusion

Procedural justice factors have limited and inconsistent impacts on the two types of citizen behavior, and future research should address the limitations of this study and evaluate process-based policing with more data from social observations of police-citizen encounters.     

The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime

An important yet poorly understood function of law enforcement organizations is the role they play in distilling and transmitting the meaning of legal rules to frontline law enforcement officers and their local communities. In this study, we examine how police and sheriff's agencies in California collectively make sense of state hate crime laws. To do so, we gathered formal policy documents called “hate crime general orders” from all 397 police and sheriff's departments in the state and conducted interviews with law enforcement officials to determine the aggregate patterns of local agencies' responses to higher law. We also construct a “genealogy of law” to locate the sources of the definitions of hate crime used in agency policies. Despite a common set of state criminal laws, we find significant variation in how hate crime is defined in these documents, which we attribute to the discretion local law enforcement agencies possess, the ambiguity of law, and the surplus of legal definitions of hate crime available in the larger environment to which law enforcement must respond. Some law enforcement agencies take their cue from other agencies, some follow statewide guidelines, and others are oriented toward gaining legitimacy from national professional bodies or groups within their own community. The social mechanisms that produce the observed clustering patterns in terms of approach to hate crime law are mimetic (copying another department), normative (driven by professional standards about training and community social movement pressure), and actuarial (affected by the demands of the crime data collection system). Together these findings paint a picture of policing organizations as mediators between law‐on‐the‐books and law‐in‐action that are embedded in interorganizational networks with other departments, state and federal agencies, professional bodies, national social movement organizations, and local community groups. The implications of an interorganizational field perspective on law enforcement and implementation are discussed in relation to existing sociolegal research on policing, regulation, and recent neo‐institutional scholarship on law.     

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.     

ADHD and criminality: A primer on the genetic, neurobiological, evolutionary, and treatment literature for criminologists

Objective

This state of the art review of 102 studies is a primer on ADHD and its major comorbidities for criminologists unfamiliar with the genetic, neurobiological, and evolutionary literatures.

Materials and methods

Neurological, genetic, medical, and criminal justice data bases were keyword searched for articles on ADHD and/or articles using ADHD as a major independent variable.

Results

ADHD is a disorder that is closely connected to externalizing behaviors, conduct problems, and criminal behavior across the life course.

Conclusions

To date, ADHD research has been carried out primarily by biomedical researchers and de-emphasized by criminologists whose training is overwhelmingly in the social sciences. The special expertise of criminologists in uncovering environmental correlates of antisocial behavior can benefit biomedical researchers who in turn can assist criminologists in uncovering the individual-level correlates of antisocial behavior.     

Compstat in Australia: An analysis of the spatial and temporal impact

One of the major trends in policing sweeping across democratic societies since the mid-1990s is a management approach commonly known as COMPSTAT. Despite widespread global adoption, empirical evaluation of the impact of COMPSTAT lags behind popular accounts of its crime control benefits.

Purpose

This article evaluates the crime control impact of Queensland Police Service's version of COMPSTAT known as “Operational Performance Reviews” (OPRs).

Method

A mixed model analytic approach was used to assess the role of OPRs in explaining spatial and temporal variations in crime patterns across Queensland's 29 police districts.

Results

Analysis of the impact of OPRs on reported crime (specifically assaults, robberies and unlawful entries) suggests major differences between police districts, and that some districts are driving overall statewide crime reductions, whilst others confound positive effects of implementation of OPRs in Queensland.

Conclusions

The results demonstrate that the crime drop experienced throughout Queensland found in prior research (Mazerolle et al., 2007) is most likely attributable to a small number of police districts. The implication of these findings is that a number of districts could (and should) be called-upon during maturation of Queensland's OPRs to reduce specific crime problems in their districts and facilitate ongoing crime reductions across the state.     

Community-level impacts of temperature on urban street robbery

Purpose

Conduct the first empirical intra-urban examination of community-level connections between street robbery and temperature. Examine whether community socioeconomic status (SES) and crime-relevant land uses strengthen or weaken the temperature impact. A theoretical framework relying on routine activity theory, crime pattern theory, and resident-based control dynamics organized predictions.

Data and methods

For Philadelphia census tracts (n = 381), monthly street robbery counts and temperature data for 36 consecutive months were combined with census and land use data, and analyzed with multilevel models.

Results

Community robbery counts were higher when temperatures were higher, and in lower SES communities. In support of previous work with property crime, but in contrast to previous work with assault, the effects of temperature were stronger in higher SES communities. In support of the integrated model, commercial land use prevalence and subway stations were associated with heightened temperature impacts on robbery.

Conclusions

Community-level fixed and random effects of temperature on urban robbery counts persist when controlling for land use and community structure; further, the random effects depend in part on both. There are implications for understanding indigenous guardianship or informal resident-based place management dynamics, and for planning seasonal police deployments.     

The impact of determinate sentencing on prisoner misconduct

Purpose

The shift from indeterminate to determinate punishment policies over the past three decades may have the unintended consequence of increasing prisoner misconduct due to the elimination or reduction of parole and earned gain-time to provide incentives for inmates to comply with institutional rules. This paper advances the existing scholarship addressing this issue.

Methods

Data on a cohort of 305,228 inmates admitted to prison in Florida over a twelve year period before and after the enactment of a “truth-in-sentencing” law in 1995 requiring all felons sentenced to prison to serve a minimum 85% of their sentence are examined to assess the impact of determinate punishment on whether inmates commit disciplinary infractions and the frequency of misconduct.

Findings

The data show that determinate punishment has had the unintended consequence of significantly increasing the level of inmate misconduct in general and across different types of misconduct; violent, property, and disorderly.

Conclusion

The findings indicate that states which currently have or are considering the implementation of determinate sentencing should examine potential changes in policies and practices to alleviate the impact of reductions in inmate incentives to abide by institutional rules.     

The relationship between shift work, perceived stress, sleep and health in Swiss police officers

Purpose

This study examined how a specific shift system was associated with stress, sleep and health among police officers. Moreover, this study investigated whether gender moderated the association between shift work and stress, sleep and health. Additional analyses were performed to find out how stress and shift work interact in explaining sleep and health.

Methods

The findings are based on a cross-sectional survey. A written questionnaire was sent to all employees of a local police force. 460 police officers (M = 40.67 years, SD = 9.66; 25.2% females) volunteered to take part in the study. 251 subjects were shift workers (54.6%). Police officers filled in a series of validated instruments assessing stress (TICS), perceived health (SF-12, somatic complaints, health care use) and sleep (ISI, PSQI).

Results

Shift work was associated with increased social stress, work discontent and sleep complaints. In turn, shift workers reported decreased use of primary health care. Moreover, stress was associated with increased sleep complaints and lower scores in perceived health. The interplay between stress and shift work did not produce any significant effects.

Conclusions

Workforce health promotion should make attempts to reduce chronic stress, while occupational health physicians should emphasize the diagnosis of undetected sleep disorders.     

Ethics, Law, and Commercial Surrogacy: A Call for Uniformity

In the United States at this time, no uniform federal law exists regarding commercial surrogacy, and state statutory schemes vary vastly, ranging from criminalization to legal recognition with contract enforcement. The authors examine how commercial surrogacy agencies utilize the Internet as a means for attracting parents and surrogates by employing emotional cultural rhetoric. By inducing both parents and surrogates to their jurisdiction, agencies circumvent vast discrepancies in state statutory regulative schemes and create a distinct interstate business, absent an efficient regulatory framework or legal recourse in some circumstances. The authors propose a uniform federal regulatory scheme premised upon regulating interstate business transactions to create accountability and legal remedies for both the parents and the surrogate.     

Shades of blue: Confidence in the police in the world

Purpose

The present study tests the hypothesis that regime nature as a structural characteristic explains variations in public confidence in the police.

Methods

Combining five sources of data from 50 nations with 69,309 respondents, the current article extends the extant research by using hierarchical logistic regression analyses with ample sample sizes at both levels to test the hypothesis with a series of control variables.

Findings

In addition to the largely consistent findings from the individual-level predictors, the results show that that there is a U-shaper convex curvilinear relationship between the levels of democracy and confidence in the police. Residents in long-term stable authoritarian regimes as well as in long-term stable democracies display elevated levels of confidence in the police, whereas short-term or unstable authoritarian nations and nations in democratic transition have the lowest level of confidence in the police. Besides, confidence in the police is higher among citizens in nations with more government efficiency and is lower among residents of countries with higher homicide rates.

Conclusion

Regime nature is important in understanding confidence in the police. In addition, governments should make more efforts to promote their efficiency in order to win citizens’ support and they are expected to reduce homicide rates.