To protect and collect: a nationwide study of profit-motivated police crime

This study is part of a larger research project on police crime in the United States. Police crimes are those criminal offenses committed by sworn law enforcement officers who have the general powers of arrest. Profit-motivated police crime involves officers who use their authority of position to engage in crime for personal gain. This study reports the findings on 1,591 cases where a law enforcement officer was arrested for one or more profit-motivated crimes during the seven-year period 2005–2011. The profit-motivated arrest cases involved 1,396 individual officers employed by 782 state, local, special, constable, and tribal law enforcement agencies located in 531 counties and independent cities in 47 states and the District of Columbia. Our data is the first systematic study of profit-motivated police crime. The study describes the nature of this form of police misconduct in terms of several dimensions, including the characteristics of police who perpetrate these crimes, where it occurs, the specific criminal charges, and the contexts within which profit-motivated police crime is punished through police agencies and the criminal courts.     

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.     

Demeanor,sex, and race in police processing

Recent increases in arrests of women have stimulated much controversy about the causes and extent of female crime and created much speculation about the differential treatment of female offenders by police officers. This article reports an empirical study of police processing of female offenders. During September–December 1978, 282 questionnaires were completed by police officers and detectives in a large, metropolitan area in a southeastern state. Each officer was asked to indicate a police decision in five hypothetical situations which varied by types of offense, race of the offender, sex of the offender, and demeanor of the offender. An analysis of the responses of the police officers indicates that decisions of police are not contingent on the sex and race of the offenders. The major variables in determining how police officers will respond are the nature of the offense and the manner in which the offender behaves when confronted by the officer.     

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.     

Gender difference or indifference? Detective decision making in sexual assault cases

Prior research examining sexual assault case decision making has failed to account for the demographic characteristics of the criminal justice practitioners charged with making case decisions. Inclusion of such information is important because it provides researchers with a greater understanding of how criminal justice practitioners' own gender, race, age, and past experiences affect their judgments. This study seeks to examine whether gender differences exist in detectives' arrest decisions in sexual assault cases. Victim, suspect, incident, and detective characteristics are collected from police case and investigatory files on 328 criminal sexual assault cases involving adult female victims reported to a large Midwestern police department in 2003. Logistic regression is used to determine whether detective gender predicted the odds of arrest after controlling for incident, victim, and suspect characteristics. It is hypothesized that cases involving female detectives would be more likely to result in arrest after controlling for other incident, victim, and suspect characteristics. However, contrary to expectations, female detectives are significantly less likely than male detectives to arrest suspects in sexual assault cases even after controlling for the influence of other factors shown to predict arrest. The findings support prior research that suggests female practitioners may not necessarily be more sensitive toward female victims despite previous assumptions that this would hold true. The findings suggest that efforts to hire female police officers for the purposes of dealing with female-related victimization may ultimately undermine efforts to improve victim experiences with the criminal justice system. They further suggest that both researchers and police administrators need to rethink the best ways to serve female victims beyond hiring mandates.     

The effects of legal and extra-legal characteristics on organizational victim decision-making

A variety of factors influence decisions to mobilize formal social control. With few exceptions, studies considering the effects of legal (e.g., case specific) and extra legal (e.g., offender and victim characteristics) variables have concentrated on sentencing under criminal law, an outcome subject to sample selection bias given that the majority of cases never reach this stage. Analyses of earlier decision points (e.g., victim calls for service, police use of force, and arrest), have focused on street crime and single jurisdictions. A neglected research context is the organizational victim’s response to employee fraud. Using a sample of 663 fraud cases, this study applies Black’s (The behavior of law, San Diego, Academic, 1976) theory of law to victim organizations’ decisions to mobilize formal social control. Results demonstrate that extralegal characteristics weigh heavily on decisions to initiate both criminal and civil outcomes. Specifically, offenders’ education and age decreased the odds of criminal legal mobilization. Mobilization of criminal law was also more likely by government agencies. Implications for Black’s theory and directions for further research are discussed.     

DEMEANOR OR CRIME? WHY “HOSTILE” CITIZENS ARE MORE LIKELY TO BE ARRESTED*

It is a criminological axiom that displays of hostility by citizens towards police officers directly increase the odds of arrest in police-citizen encounters. This axiom rests on nearly three decades of observational research of interactions between police officers and citizens. Two features of this work, however, raise questions about the validity of findings that citizen demeanor independently affects police arrest decisions. First, although demeanor is conceptually defined as legally permissible behavior, measures of demeanor often include criminal conduct. Second, criminal conduct is not controlled adequately when the effects of demeanor on arrest are estimated. In an analysis employing a demeanor measure that does not confound crime and that controls for crime more comprehensively, it is found that displays of hostility which violate no laws do not increase the likelihood of arrest in and of themselves. The implications of this finding are discussed.     

The Impact of Officer and Agency Characteristics on the Likelihood of Arrest in Domestic Violence Situations among Rural Law Enforcement Officers

Domestic violence cuts across all demographic groups. The factors related to why police officers arrest in some domestic violence situations but not others have been often studied. Little research, however, has been conducted on the arrest views of rural police officers. One hundred seventy line officers in six rural Midwestern counties were surveyed to determine the impact of officer personal characteristics and agency type on arrest decisions in various hypothetical domestic violence scenarios. First, the same situational factors appeared to be important in shaping the arrest decision in domestic violence calls of rural officers as have previously been found with urban officers. Second, the characteristics of officers and the type of agency had some impact on the likelihood of arrest, particularly if there was evidence of a physical assault. Third, the presence of evidence of a physical assault helped shape the arrest decisions of rural officers. Fourth, situational factors were more important than officer characteristics and the type of agency. Nancy Hogan and Shannon Barton contributed equally to the paper. The authors thank Janet Lambert for editing and proofreading the paper. The authors also thank the anonymous reviewers for their comments and suggestions.     

The Decision to Become a Police Officer in a Legitimacy Crisis

This study examines how individuals make the decision to become police officers in the context of a police legitimacy crisis and how men and women’s decision-making processes may be different. In-depth interviews were conducted with 42 criminal justice college students who want to become police officers. Prospective police officers anticipated facing challenges as a direct result of the current climate surrounding American policing, which is characterized by decreased police legitimacy. On top of this, women anticipated facing more challenges than male officers due to their gender and underrepresentation in police work. However, women were uniquely motivated to enter policing to overcome gender-specific challenges and felt that they offered special skills that would provide solutions to the police legitimacy crisis. The paper draws implications for how agencies can identify more quality candidates and increase their representation of women.     

The impact of police charges in incidents of wife abuse

The present study addressed the impact of an urban police force laying criminal charges in cases of wife abuse. Follow-up data from battered women and from police officers were collected to identify the long-term consequences of this police policy that began in 1981, including any negative or unintended side effects. Results indicated that the policy resulted in a dramatic increase in police-laid charges (2500%), and a shift from the Family to the Criminal Division of Provincial Court. Based on interview data, victims did not decrease their requests for police service (a feared side effect) and reported a significantly higher level of satisfaction with police service in this area. A significant reduction in police calls and victim-reported violence was associated with police intervention, especially when charges were laid. Paradoxically, police officers' attitudes about the policy were more negative than the actual positive changes that they helped to produce. Considerations for future research and professional training are outlined.     

The Organizational Context of Legal Control

This article examines interorganizational variation in determinants of police arrest decisions. Drawing on Wilson, we identify four types of police agencies by cross-classifying levels of bureaucratization with professionalism. Evidence from the analysis indicates that factors influencing arrest decisions are conditional on the organizational contexts in which such decisions occur. In different types of police agencies, officers respond to similar situations differently. Hence, "global" decision-making models are we incomplete than incorrect. We argue that consideration of the contexts within which discretion is exercised is necessary for advancing our understanding of decision-making in justice system agencies.     

Victim's perceptions of initial police responses to robbery and aggravated assault: Does race matter?

Despite the fact that police officers are usually the first persons within the criminal justice system to respond to a criminal victimization, the majority of research investigating racial discrimination within the system has examined primarily the effects of race on adjudication outcomes which occur after initial police interventions, such as conviction decisions and sentences. Very little empirical effort has been devoted to examining the effects of race on early police responses to a reported victimization. Using data from the National Crime Victimization Survey from 1987 to 1992, this paper investigates the effects of both the victim's and the offender's race on three police responses to robbery and aggravated assault: (1) police response time to the scene, (2) effort exerted by the police at the scene, and (3) likelihood of arrest. It was found that police were quicker to respond and also exerted more effort at the scene such as searching and taking evidence to incidents of black on white robbery compared to all other racial dyads. This relationship held even after controlling for other factors such as victim-offender relationship, poverty, injury to the victim, and victim's gender. No significant effects of race, however, were found when predicting the probability of arrest in cases of robbery. The effects of race on police responses to aggravated assault were more complicated. For assaults involving strangers, police were significantly more likely to exert additional effort at the scene if the victim was white and the offender was perceived to be black. This effect was reversed, however, for nonstranger assault victimizations. Police were significantlyless likely to exert effort at the scene or to make an arrest in black on white assaults involving nonstrangers. The most consistent predictors of arrest in both stranger and nonstranger assault victimizations were police response time, injury to the victim, and the incident occurring in a public setting.     

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.     

Does residency matter? Local residency as a predictor of arrest

Prior studies show that a number of offender characteristics impact police officer use of discretion. Although there are exceptions, characteristics such as race and gender have been shown to influence decisions made by police officers with racial/ethnic minorities and men more likely to be arrested than their counterparts. Yet, much less is known about the impact of morphology, an important component from Black’s Behavior of Law, on enforcement decisions. Using 2014 state-wide data on Class ‘B’ arrests in Idaho, we examine the role of morphology, as operationalized by offender residency in the community in which the violation occurred, on the odds of a police officer affecting an arrest as opposed to writing a citation for the violation. Results of logistic regression models show that local residents are significantly less likely to experience an arrest than non-residents. Theoretical explanations and implications for these findings are offered.     

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 role of criminal record in the federal sentencing guidelines

In this paper my concern is with the collective moral responsibility of criminal investigators for the outcomes of their investigations, bearing in mind that it is important to distinguish collective moral responsibility from, and relate it to, individual moral responsibility. In what sense, if any, are police detectives individually and collectively morally responsible for their success (or, for that matter, their failure) in gathering sufficient evidence to identify, arrest, and charge an offender who has committed a serious crime? Alternatively, in what sense are they morally responsible in cases where they identify, arrest, and charge an innocent person? And in what sense, if any, are police detectives individually and collectively morally responsible for the ultimate outcome of the trial, the finding by the courts of someone they have investigated and charged with a serious crime to be guilty or innocent?     

Policy,Practicalities, and PACE s. 24: The Subsuming of the Necessity Criteria in Arrest Decision Making by Frontline Police Officers

PACE, as amended by the Serious Organised Crime and Police Act 2005, establishes a complex framework of factors that police officers must consider during arrest decision making. Officers must possess a reason to arrest, it must be necessary to arrest for that reason, and they must give at least a ‘cursory consideration’ to alternatives. Based on a four‐year ethnographic study of frontline officers from two forces in Northern England, we argue that the 2005 reforms have not achieved their aims. The new regime tasks officers with undertaking a complex legal assessment prior to arrest, but officers are often confused about the necessity criteria which, moreover, is typically a minor consideration in contrast to demanding practical and policy pressures. This means that unlawful and non‐human‐rights‐compliant arrests continue to be regularly made and, equally significantly, many suspects are escaping the criminal justice system because officers are not considering arrest alternatives.     

Naturalistic decision making in forensic science: toward a better understanding of decision making by forensic team leaders

This study uses the naturalistic decision-making (NDM) perspective to examine how Dutch forensic team leaders (i.e., the officers in charge of criminal forensic research from the crime scene until the use of laboratory assistance) make decisions in real-life settings and identifies the contextual factors that might influence those decisions. First, a focus group interview was conducted to identify four NDM mechanisms in day-to-day forensic decision making. Second, a serious game was conducted to examine the influence of three of these contextual mechanisms. The results uncovered that forensic team leaders (i) were attracted to obtain further information when more information was initially made available, (ii) were likely to devote more attention to emotionally charged cases, and (iii) used not only forensic evidence in the decision making but also tactical, unverified information of the police inquiry. Interestingly, the measured contextual influences did not deviate significantly from a control group of laypeople.     

An empirical assessment of content in criminal psychological profiles

Although criminal psychological profiling has been in use by law enforcement agencies for almost three decades, there is a paucity of empirical research examining the technique. A fundamental issue that has received little attention is the empirical evaluation of information contained in profiles composed by professional profilers. In this study, a group of profilers, police officers, psychologists, college students, and self-declared psychics were given information from a solved murder investigation, after which the participants composed a written profile predicting the probable offender. Professional profilers tended to write more lengthy profiles that contained more information about the nonphysical attributes of the offender and more information about the crime scene or the offender's behavior before, during, and after the crime. These results are discussed in terms of their implication for our broader understanding of the technique of profiling and future directions for research into profiling.     

The impact of patrol staffing on police-citizen injuries and dispositions

This article examines the impact of one- and two-officer patrol units on police-citizen interactions which resulted in the filing of citizen complaints against the officer(s). Specifically, it is hypothesized that there is no difference between one- and two-officer units (1) in the rate of injuries to officers in hostile police-citizen interactions, (2) in the number of citizen complainant injuries received in such interactions, (3) in the number of resisting arrest-type charges placed against the citizen, and (4) in the type of charge placed against the citizen in the incident. The data indicate that the impact of staffing is felr more by citizens than officers. When controlling for shift and dangerousness of precinct of occurrence, citizens were found to be more likely to be injured in hostile police-citizen encounters than the police, especially when two officers were present. Officers in two-officer units were more likely to arrest the citizen in the incident which precipitated the complaint and the arrest of that citizen was most likely to be for the more serious charge of assaulting an officer. The results suggest that lone officers resolve more disputes without resorting to formal outcomes. The implications of these findings for police patrol strategy are discussed.