论社会转型期警察刑事执法的秩序价值

社会转型对社会秩序产生深刻影响,极易出现社会失序,严重的犯罪形势即为社会失序的一个显著表现。警察刑事执法主要体现为对预防和惩治犯罪。当前,我国正处于社会转型期,面对刑事犯罪高发的局面,应当赋予公安机关更有效的打击犯罪的权力,提高警察刑事执法效率以及公平正义执法,以遏制犯罪的高发态势,维护社会秩序稳定。     

Police Officers in Schools: Effects on School Crime and the Processing of Offending Behaviors

The use of police in schools has increased dramatically in the past 12 years, largely due to increases in US Department of Justice funding. This study used data from the School Survey on Crime and Safety to assess the extent to which the addition of police in schools is associated with changes in levels of school crime and schools responses to crime. We found that as schools increase their use of police, they record more crimes involving weapon and drugs and report a higher percentage of their non-serious violent crimes to law enforcement. The possibility that placement of police officers in schools increases referrals to law enforcement for crimes of a less serious nature and increases recording of weapon and drug offenses requires that more rigorous research be carried out to assess more carefully the school climate and school safety outcomes related to this popular and costly practice.     

监狱警察职务犯罪针对性预防机制探究

尽管理论及实务界已就预防监狱警察职务犯罪提出诸多的建议机制,但监狱警察职务犯罪现象仍此起彼伏,究其原因是因为没有结合监狱警察职务犯罪的独特特点而提出针对性的预防机制;相比较于其他司法行政系统工作人员的职务犯罪,监狱警察职务犯罪具有身份特殊、犯罪主体明确等特点;监狱警察职务犯罪的发生原因也与监狱这一特殊工作环境以及监狱警察职权范围特殊密切相关;应该构建监狱警察权力监控机制以及检察院、监狱之间的联席会议等针对性预防机制,以防范监狱警察职务犯罪现象的发生。     

Tennessee Citizen Police Academies: Program and Participant Characteristics

Citizen police academies (CPAs) are popular programs developed by police departments with the twin goals of educating the public about law enforcement and improving police-community relationships. Citizen police academies can help law enforcement agencies by providing them with graduates who may support police departments through volunteering, crime reporting, advocacy, and crime prevention. CPAs may aid citizens by providing them with opportunities to work with the police to make their communities safer. During the course of the citizen police academy, not only will participants have opportunities to learn more about the police depar'tment and their communities, but they may be given opportunities to patrol with police officers, solve mock crime scenes, or attend moot court. This study examines citizen police academies in Tennessee and provides an exploratory investigation of the programs and its participants. Data obtained from 31 police departments indicate CPA programs with more than a 20 year history in Tennessee. Results of a pretest and posttest of 4 citizen police academies’ participants found that attending these programs significantly and positively changed participants’ familiarity with the police chief, local law enforcement, community crime, and the criminal justice system.     

THE EFFECTS OF LOCAL LAW ENFORCEMENT BLOCK GRANTS ON SERIOUS CRIME*

Research Summary The Local Law Enforcement Block Grants (LLEBG) Program was second only to the Community‐Oriented Policing Services (COPS) Program in its funding levels. Some $3 billion was dispensed to local jurisdictions to reduce crime and improve public safety; yet the effects of LLEBG funding on crime have been all but ignored. Accordingly, panel data from more than 5,000 cities covering a 12‐year period (1990–2001) were collected, and index crime rates were regressed on LLEBG funding and appropriate demographic controls. Additional controls for police levels and other federal grants were also introduced, proper checks for endogeneity of grants (and police levels) were performed, and the models were subjected to an array of robustness checks. A consistent message emerged: LLEBG Program funding was associated with significant reductions in serious crime. Policy Implications Although LLEBG funding seemed to reduce serious crime, the results also revealed that the decrease did not occur through the hiring of additional police officers, even though many funds were used for that purpose. Other mechanisms were thus at work, but the data did not provide insights into what these mechanisms were. In any case, every $1 in LLEBG funding per capita was associated with approximately 59 fewer index crimes per 100,000 people. When combined with the findings from recent studies of the effects of community policing grants on crime, this study suggests additional federal support for local law‐enforcement agencies should be considered.     

公职人员经济犯罪心理形成过程分析

本文在调查某地级市人民法院近3年内判决的365名公职人员经济犯罪案件和全国已公开报道的35份经济犯罪公职人员的忏悔录的基础上，以“原始刺激”为公职人员犯罪心理过程的研究起点，通过对一般公职人员犯罪心理过程进行剖析，提出了公职人员经济犯罪心理一般演化模式，即从对原始刺激认知引发的“初反应”，经济犯罪动机产生的“伴随反应”，经济犯罪行为产生的“结果反映”，再次实施经济犯罪的“恶性循环反应”。     

Police officers who commit suicide by cop: a clinical study with analysis

Suicide by cop has become a familiar topic among members of law enforcement, mental health professionals, and the general public. This paper presents two cases where police officers chose to commit suicide by getting other police officers to kill them. The two police officers studied, by examination of closed case files, were found to be similar to civilians who committed suicide by cop on several demographic (gender, age, history of mental illness, and suicide attempts), and situational (stress factors, trigger) variables. The cases help us to understand possible motives and management for individuals who choose to end their life in this manner.     

Diversity in Policing

Abstract

Police and minority relations have received much interest among public and academic audiences, yet little is known about policing in Latino communities. As Latinos emerge as the largest minority group in the United States, researchers and police agencies are increasingly concerned with the experience of Latinos in the criminal justice system. One strategy for improving police and community relations is to enhance the diversity of law enforcement agencies. Therefore, the purpose of this study is to examine the ethnic composition of law enforcement agencies in major U.S. metropolitan areas between 1990 and 2000. Using data from the U.S. Census and the Law Enforcement Management and Administrative Statistics (LEMAS) survey, it appears that the growth in the U.S. Latino population has been met with an increase in the percentage of Latinos as sworn full-time police officers. Further, the degree of enhanced diversity varies by the ethnic composition of the community served. Implications of findings for improving relations between police and the Latino community are discussed.     

Racial profiling and searches: Did the politics of racial profiling change police behavior?*

Research Summary Scholarly research has documented repeatedly that minority citizens are disproportionately stopped, searched, and arrested relative to their baseline populations. In recent years, policymakers have brought increased attention to this issue as law‐enforcement agencies across the United States have faced allegations of racial profiling. In the 1990s, the politics generated by accounts of racially biased policing placed heightened pressure on law‐enforcement agencies. However, to date, few studies have explored whether the increased social and political scrutiny placed on police organizations influenced or changed their general pattern of enforcement among black and white citizens. Using data in the search and citation file from the North Carolina Highway Traffic Study, this research specifically examined whether the politics generated by the media coverage of racial profiling and racial profiling legislation in North Carolina influenced the search practices of officers of the North Carolina State Highway Patrol's drug interdiction team. The findings suggest that media accounts and the passage of new legislation were particularly powerful influences, which thereby reduced racial disparity in searches. Declines in the use of consent searches and an increased probability of finding contraband also were influenced by the politics of racial profiling. Policy Implications The results of this study suggest several important policy recommendations. First, law‐enforcement agencies must monitor the policing practices of their officers because such supervision can influence officer compliance with fair and unbiased policing policies. Next, supervisors need to familiarize themselves with enforcement data to identify potential problem officers and organizational practices. By doing so, police organizations will not only increase officer accountability but also will potentially improve communication with their local communities. Such communication can empower community members to file charges against officers who violate their civil rights. Next, the media and political effects documented in this study suggest that external oversight can be particularly influential on police practices. Therefore, police agencies should consider developing a citizen complaint board, which is an external oversight board that would be responsible for investigating allegations against officers who engage in racial profiling or other racially biased enforcement practices. Such a board could assist police administrators in identifying problem officers as well as in making recommendations for corrective action. Finally, external social and political pressure must continually be placed on police forces to improve equity in police behavior. These external forces can assist in creating opportunities for police to increase the overall quality and efficacy of policing.     

Race and Officer Decision Making: Examining Differences in Arrest Outcomes between Black and White Officers

Since the 1960s, one of the major reform efforts in law enforcement has been to increase the number of Black Americans within police agencies and on patrol in the streets. The general premise behind these efforts has been that increased diversity will improve police–community relations and will decrease biased police behavior, particularly against Black citizens. Policies seeking to reform policing through increasing the numbers of African American officers have been implemented with little empirical evidence that an officer's race (or ethnicity) is actually related to their behavior towards citizens, in particular arrest decisions. Using data from systematic social observations of police–citizen encounters in Cincinnati, OH, this study examines the influence of officer race on arrest outcomes, focusing on the behavior of Black officers. Findings suggest that officer race has direct influence on arrest outcomes and there are substantive differences between White and Black officers in the decision to arrest. In general, White officers in our study were more likely to arrest suspects than Black officers, but Black suspects were more likely to be arrested when the decision maker was a Black officer.     

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.     

Can Making It Harder to Convict Criminals Ever Reduce Crime?

This paper attempts to find the optimal level of the burden of proof needed in criminal cases in order to minimize crime. It also aims to provide an explanation for the higher burden of proof required in criminal cases than civil cases. It assumes that police officers receive incentive payments for convictions in cases they investigate. Although the direct effect of a higher burden of proof requirement is to reduce the probability of conviction, the indirect effect is to force police officers to build stronger cases and put more effort into finding suspects who are more likely to be guilty. Moreover, the increase in the marginal probability of conviction potential criminals face when they actually commit a crime increases. These factors imply that a reduction in the burden of proof will not necessarily reduce crime.     

The Nature and Extent of Conservation Policing: Law Enforcement Generalists or Conservation Specialists?

Little is known about law enforcement agencies with responsibility for fish, wildlife, and natural resource protection. Traditional conceptions of fish and wildlife police associate these officers almost entirely with fishing and hunting activities. The relative scarcity of academic literature regarding fish and wildlife police agencies results in a lack of understanding about their role in the criminal justice system in general. The current study seeks to contribute to the limited existing literature by examining conservation policing in Florida, a state not yet studied in this context, by analyzing some 2,910 field events. Findings indicate that officers devote a considerable portion of their attention to traditional law enforcement activities in addition to the type of enforcement customarily associated with fish and wildlife law enforcement.     

Campus officers’ sanctioning of alcohol-involved crime: influences on discretionary decision-making

Universities are a hotbed of alcohol consumption, which is a major contributor to campus crime. In the US, campus police are responsible for handling crimes on campus. Like municipal police, campus officers are afforded the power to make discretionary sanctioning decisions. The question for this paper is what affects those decisions? To explore that topic, data collected during ride-alongs with campus officers are analyzed. Campus officers explained their sanctions as being affected by nine factors. The findings suggest that influences on campus and municipal officers’ sanctioning decisions are largely similar. The paper concludes by discussing implications for future research.     

Elusive justice: tribal police officers’ perception of justice in an American Indian community

This paper explores justice-related perceptions among tribal police officers providing service within a southeastern Indian Reservation in the United States. Interviews with 27 tribal police officers were conducted to understand the manner of the administration of tribal justice. Almost half of the participants interviewed felt that their tribal justice system was dysfunctional due to inter-tribal politics, federal government restrictions, and lenient tribal judges. Additionally, tribal police officers also described the failure of the federal government in prosecuting felony crimes on the reservation. As a result, they believed that both the tribal and federal criminal justice systems did not adequately address crime on the reservation.     

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.     

Ambivalent sexism,empathy and law enforcement attitudes towards partner violence against women among male police officers

Police attitudes towards partner violence against women (PVAW) can play an important role in their evaluation and responses to this type of violence. The present study aims to examine ambivalent sexism and empathy as determinants of male police officers' law enforcement attitudes towards PVAW. The study sample was composed by 404 male police officers. Results suggested that male police officers scoring low in benevolent sexism expressed a general preference for unconditional law enforcement (i.e. regardless of the victim's willingness to press charges against the offender), whereas those scoring high in benevolent sexism expressed a preference for conditional law enforcement (i.e. depending on the willingness of the victim to press charges against the offender). Results also showed that police officers scoring high in empathy and low in hostile sexism were those who expressed a general preference for unconditional law enforcement. The presence of sexist attitudes and low levels of empathy among some police officers, and their influence on law enforcement attitudes, highlights not only the importance of specific training, but also the need to pay attention to the selection process of police officers dealing with PVAW.     

Eyewitness identification procedures for multiple perpetrator crimes: a survey of police in Sweden,Belgium, and the Netherlands

ABSTRACT

A considerable proportion of crimes involve multiple perpetrators. Yet, little is known about how police officers construct, administer, and record eyewitness identification procedures for multiple suspects. An online survey of law enforcement agents in Sweden, Belgium, and the Netherlands (N?=?51) was conducted to obtain an initial understanding of police perceptions of prevalence and characteristics of multiple perpetrator crimes, and to examine identification procedure practices given the little to no guidance provided for police. Practice converged when it came to the use of sequential, photographic lineups, but diverged between and within countries on whether or not suspects of multiple perpetrator crimes should be placed in separate lineups. Results specifically highlight contextual cuing as one critical area for future research in identification for multiple perpetrator crimes (i.e. placing multiple suspects in the same lineup or asking eyewitnesses to look for a specific suspect).     

The Influence of Community‐Oriented Policing on Crime‐Reporting Behavior∗

This research examines the influence of community‐oriented policing (COP) on citizens’ crime‐reporting behaviors. The study’s data consist of incidents of violence obtained from the Area‐Identified National Crime Victimization Survey that were linked to city‐level measures of police involvement in COP. Multinomial logistic regression analyses reveal that although third‐party police notification is more likely in cities with large numbers of full‐time COP officers, victims residing in such cities are significantly less likely to report to the police than they are to report to non‐police officials. However, in cities where the training of police officers in COP is relatively extensive, victims demonstrate a preference for police notification (relative to both non‐police notification and non‐reporting). Lastly, multiplicative models indicate that police involvement in COP has less of an influence on the reporting behaviors of residentially unstable victims who likely lack strong social ties to the communities in which they reside.     

Eyes wide shut: the police investigation of safety crimes

This article reports the results of an empirical research project on the police investigation of harms caused by occupational safety crimes in Finland. It begins with a theoretical discussion of how those harms are excluded from mainstream criminal justice discourse by a range of obscuring mechanisms and the role that policing plays in maintaining and constituting a social order that marginalises safety crime. The paper uses an empirical study of safety crimes reported to the police in Finland. The study, located in a rare case of a jurisdiction in which safety crimes are the responsibility of mainstream policing agencies, will be used to explore the possibilities for stretching the legitimate parameters of criminal justice intervention. In order to do so, the analysis explores features of the ‘structural’ readiness of the state and the ‘conceptual’ readiness of police officers to criminalise those harms. The paper concludes on the value of those findings for understanding how safety crimes might be mainstreamed into policing systems more generally.