Bad cops

Research Summary Police scholars and public policymakers throughout generations have sought to identify reliable correlates of police misconduct. Despite these efforts, general statements as to the etiology and epidemiology of police misconduct remain inconclusive, in part because of the inconsistent definitions of misconduct and the difficulty of obtaining the data required to make such statements. This research attempts to fill these gaps through a comparison of the personal and career histories of all 1,543 officers who were involuntarily separated from the New York City Police Department (NYPD) for cause during 1975–1996 with a randomly selected sample of their police academy classmates who served honorably. The study uses confidential NYPD files as its major data sources, which include extensive biographical and career information. The study finds that career‐ending misconduct rarely occurs in the NYPD and that the types of misconduct do not match well with existing definitions. Several factors emerge as significant predictors of misconduct, including officer race, minimal education, records of prior criminality and prior poor employment, failure to advance in the NYPD, and histories of citizen complaints. Policy Implications This study shows that existing definitions of police misconduct are difficult to apply to actual cases of police malpractice, which leads the authors to create a new eight‐category classification scheme. The rarity of misconduct, especially on‐duty abuse, confirms prior research indicating that most police officers do their jobs without engaging in serious malpractice. These findings suggest that the NYPD has become better behaved as it has become more diverse along race and gender dimensions and that the link between black officers and misconduct might be explained by persistent “tokenism.” The findings related to race have important implications for continued efforts to build racially representative police departments. Personal history findings highlight the importance of conducting background investigations that disqualify candidates with arrest records and employment disciplinary histories, whereas the inverse relationship between college education and misconduct provides strong support for continued emphasis on pre‐ and post‐employment educational requirements.     

Reputations and corporate malfeasance: collusive networks in financial statement fraud

The prevailing theory used by economists to explain why more corporations do not engage in fraud focuses on the role of board members, auditors and banks in controlling corporate conduct and the “reputational penalties” that may be imposed on them if they fail to do so. In this view, beyond the formal sanctions imposed by criminal justice and regulatory agencies, these “control agents” are subject to extra-legal consequences for misconduct or failure to perform their duties in which their reputations for honesty and integrity are diminished and thus their value in the marketplace for their services declines. The “reputational penalty” theory has been challenged by recent work that asserts that these entities, far from controlling the behavior of corporate insiders, may form networks of “reputational intermediaries” who collude with corporate executives to give legitimacy to their illegal schemes. In this paper, empirical support for the latter view is provided through an analysis of a sample of 374 publicly traded firms that announced financial restatements between 1997 and 2002 and which were accused of securities fraud. The analysis shows that these schemes involved large numbers of board members, auditors, and bankers who aided and abetted senior managers in their attempts to deceive investors. These findings point to broader issues concerning: (1) the changing nature of corporate power; (2) the strengths of collusive networks; and (3) current policy debates regarding attempts to exert more regulatory control over corporate behavior.     

NOT EVEN OUR OWN FACTS: CRIMINOLOGY IN THE ERA OF BIG DATA

Criminology is an applied discipline where the findings from the data collected and analyses conducted inform debates about policy and practice. For this to happen, a discipline must have an agreed‐upon set of facts to define the problem and suggest solutions. We can debate the soundness of fundamental data series, but these debates must take place within the confines of scientific inquiry and all data must be subjected to the same scrutiny. Data sources must comprise agreed‐upon standards for collection and be accessible for replication. The increasing use of “big data” has frayed this agreement about quality and accessibility and has made it more difficult for criminology to have its own facts. In this presentation, I define the term “big data” and argue it will be difficult for big data to replace traditional data sources and to live up to their potential for knowledge building. Finally, I suggest a few things that the discipline might do to address these problems of access and quality.     

How officers spend their time with the community

Using data from field observation of police patrol officers at work in two American cities, we explore similarities and differences between the tasks undertaken by generalist patrol officers and community policing specialists. As expected, community policing specialists are much more able to choose the work they do and the people they encounter. Specialists use their discretion to spend less “face time” with the public and more time “behind the scenes” than do patrol generalists, and to engage a higher-status and less problem-ridden clientele. Implications for adoption of community policing are discussed.     

Sexual abuse by educators: a comparison between male and female teachers who sexually abuse students

ABSTRACT

The study aimed to identify the differences in case characteristics and typologies of female and male teachers who perpetrated sexual abuse on students. Decisions of sexual misconduct reports in England from June 2006 to December 2016 were used. Quantitative and qualitative content analysis was conducted on 20 cases of male and female teacher sexual misconduct (N?=?40). Regarding case characteristics, most were secondary school or college teachers, mid-career, with victims of the opposite sex. For differences, male teachers were older and more likely to have: perpetrated more severe and lengthier sexual abuse and previously received warnings. Interestingly, females and males were similar across the preliminary typology: minimisers and deniers; poor mental health or stressors; and young, early career. However, a fourth group of females emerged: “I was overpowered”. The study furthers the understanding of sexual misconduct by teachers and should assist in the development of policies, guidelines, and legislation around prevention.     

Does Inmate Behavior Affect Post-Release Offending? Investigating the Misconduct-Recidivism Relationship among Youth and Adults

Recent scholarship has highlighted the potential implications of in-prison experiences for prisoner reentry and, in particular, recidivism. Few penological or reentry studies, however, have examined the relationship between one experience that may be especially consequential, inmate misconduct, and recidivism. The goal of this study is to address this gap in the literature by employing a matching design that estimates the effect of inmate misconduct on reoffending, using data on a release cohort of Florida prisoners. The results indicate that inmates who engage in misconduct, violent misconduct in particular, are more likely to recidivate. Consistent with prior scholarship, we find that this relationship holds only for adult inmates. These findings underscore the importance of prison experiences for understanding recidivism, examining youthful and adult inmate populations separately, and devising policies that reduce misconduct.     

An Investigation of Biographical Information as a Predictor of Employment Termination among Law Enforcement Officers

An important service that police psychology can offer law enforcement administrators is assistance in the selection of future officers. Police psychologists have traditionally focused on the identification of psychopathology and exclusion of applicants who were found to be mentally ill. The introduction of the Americans with Disabilities Act (1990) has changed what had been considered appropriate exclusion criteria because of the introduction of increased civil rights protections for persons with disabilities. At the same time, increasing civil liability for law enforcement departments in regard to officer misconduct has compelled police psychologist to evaluate potential for future misconduct by non-clinical means. The scientific examination of biographical data may be one method of establishing the relationship between officer candidate variables and future misconduct. This paper examined the predictive validity of biographical information for a sample of 2965 police officer candidates. Results indicated that several biographical variables were significantly correlated with later termination. However, results of regression analyses indicated that biographical variables alone accounted for limited variance in the prediction of police officer termination. The use of biographical information as a sole determinant of police candidate suitability was not supported and the use of additional sources of data would be required for effectual forecasting purposes.     

从保密到安全:数据销毁义务的理论逻辑与制度建构

我国现行立法规定了自然人有请求信息处理者删除个人信息的权利,但这并不等于承认数据生命周期的最后环节是“删除”,因为“删除权”是“信息处理的合法性与必要性基础丧失”的必然结果,而“数据销毁”才是“数据归于消灭”的处理流程末端。数据销毁义务的理论基础在于信息保密方式的扩张,即从维持信息保密状态转向维持数据安全风险的可控性。在数据安全风险评估过程中,倘若义务主体无法保障暂时不使用的重要数据和个人信息处于安全状态,则应当采取适当的数据销毁范式降低数据泄露或非法复原的安全风险。在未来立法活动中,我国应当明确数据销毁义务的义务主体、销毁方式和销毁范围等具体制度内容,完成数据安全立法的“最后闭环”。     

DELINQUENCY,IDENTITY, AND WOMEN'S INVOLVEMENT IN RELATIONSHIP VIOLENCE*

This study focuses on factors associated with women's self-reports of relationship violence “perpetration.” We analyzed data derived from personal interviews with 942 respondents who were originally contacted when they were adolescents and then 10 years later as young adults (N=721). Level of delinquency in adolescence was a signicant predictor of adult reports of involvement in relationship violence, for both male and female respondents. In addition, women's scores on the Conflict Tactics scale were related to adolescent and adult identities-higher scores were found among women who reported that they had been viewed as troublemakers as adolescents and who endorsed statements indexing an angry self-concept in adulthood. Although male perpetration represents a much more serious social and public health problem, these data do suggest that there may be a social learning basis for female as well as male expressions of violence.     

THE LEVEL OF EXPLANATION PROBLEM REVISITED—THE AMERICAN SOCIETY OF CRIMINOLOGY 1997 PRESIDENTIAL ADDRESS*

This presentation revisits the “level of explanation problem” in criminology (a personal project begun more than 35 years ago). I develop the problem historically, paying tribute to those who have led the way and those who continue it. I distinguish between the situational and interactional levels of what has previously been termed the “microsocial” level of explanation. I then elaborate the interactional level and its application to the study of youth collectivities discussed.     

Law Enforcement Officers in Schools: An Analysis of Ethical Issues

The use of law enforcement officers in American schools has rapidly expanded since its inception in the 1950s. This growth can in part be attributed to the Safe Schools Act of 1994, the establishment of the Community Oriented Policing Services (COPS) Office, and tragic events that have occurred in our nation's schools. Law enforcement officers in the school environment traditionally have primary roles of protection and enforcement, although many have ancillary roles of educating and mentoring students. However, the use of police in schools has also been associated with the formalization of student discipline and the criminalization of minor misconduct. Specifically, an increase in the number of officers in schools has mirrored an increase in the number of arrests and citations for relatively minor offenses. We argue that officers' socialization and training create role conflict in that the duty to enforce the law competes with other duties to mentor and nurture students. We present several hypothetical dilemmas and then illustrate how the “right thing to do” is determined by the perceived duties of the school safety officer. We conclude by presenting some modest suggestions on how to address the potential role conflict experienced by law enforcement officers working in schools.     

Patrol officers and problem solving: An application of expectancy theory

Problem solving has been recognized as a key aspect of community policing. We use expectancy motivation theory to explain variation in police officers' problem-solving behavior. Specifically, we expect that the amount of problem solving performed by officers will be explained by (1) the opportunity to do so, (2) the ability to do so, (3) the likelihood that officers will be recognized by their performance in this area, and (4) police officers' calculation of the costs and rewards of such behavior. Using data collected from ridealongs with police officers, we find that officers who engage in more problem-solving are motivated by potential recognition of such behavior. We also find that expectancy motivation theory provides a more likely explanation for the behavior of community police officers than that of traditional “beat” officers.     

Drug use and pretrial misconduct in New York city

Is recent drug use significantly associated with pretrial misconduct? Does consideration of recent drug use enhance risk classification among a sample of persons who have time free pending the disposition of their cases? Using data on arrestees in Manhattan, this paper examines these issues and some related questions. To measure recent drug use, urine samples were collected from persons shortly after their arrest and tested for four drugs: heroin, cocaine, PCP, and methadone. Two measures of pretrial misconduct are considered: whether a defendant fails to appear for a scheduled court date (FTA) and whether a defendant is rearrested prior to case disposition. Censored probit models are used to estimate the statistical association between drug test results and pretrial misconduct. Results show that drug test results are significantly associated with pretrial misconduct over and above the information typically available to judges at the time release decisions are made. Some implications of these findings for pretrial decision making are discussed.     

Is marijuana really a gateway drug? A nationally representative test of the marijuana gateway hypothesis using a propensity score matching design

Journal of Experimental Criminology - Marijuana use has been proposed to serve as a “gateway” that increases the likelihood that users will engage in subsequent use of harder and more...     

The Patent Examiner Sweepstakes

This article presents evidence that patent value varies with random examiner assignment at the U.S. Patent Office. Prior work analyzed firm growth as a function of review by “easy” examiners who grant patents at a high rate. The current research looks past whether a patent is granted and instead focuses on how assignment to an “easy” or “hard” examiner influences the attributes of resultant patents. Focusing on their propensities to reject applications on novelty or obviousness grounds, analysis finds that patents issued by lenient examiners tend to be broader in scope, are more valuable to their owners, and elicit a larger stock market response when granted. Further analysis quantifies the level of variation (“noise”) among examiners. This inquiry finds that the noise level in issuing novelty rejections decreases with examiner experience, while variation among examiners issuing obviousness rejections actually increases with experience. A third line of investigation presents evidence that “stricter” examiners disproportionately reach the correct examination relative to more lenient counterparts. This conclusion is supported by “twin application” analysis comparing outcomes of related U.S. and European applications. Consistent with the literature using this method, the European Patent Office's outcome is considered the “gold standard” for examination, and thus, its decision to grant or deny is assumed correct.     

School Suspensions and Adverse Experiences in Adulthood

The “school-to-prison pipeline” and the negative effects of suspensions, expulsions and school arrests have received increasing national attention recently. Researchers have documented some of the potential harms of these exclusionary school discipline practices for students, including academic difficulties, increased misconduct, and future justice system contact. However, these investigations have been somewhat limited in scope, as they tend to focus only on students’ academic outcomes and juvenile justice system involvement. In this paper we seek to expand upon prior studies by considering how school suspensions may affect youth in peripheral and long-lasting ways. Using data from the National Longitudinal Survey of Adolescent to Adult Health, we analyze whether being suspended from school relates to the likelihood of students experiencing a number of adverse events and outcomes when they are adults. We find that being suspended increases the likelihood that a student will experience criminal victimization, criminal involvement, and incarceration years later, as adults.     

SCHOOL DISORDER: THE INFLUENCE OF INDIVIDUAL,INSTITUTIONAL, AND COMMUNITY FACTORS*

Drawing upon control theory, school climate theory, and social disorganization theory, this study examined the relative influence of individual, institutional, and community factors on misconduct in Philadelphia middle schools. Using U.S. census data, school district data, police department data, and school climate survey data obtained from the administration of the Effective School Battery to 7, 583 students in 11 middle schools, we examined the following predictors of student misconduct: community poverty and residential stability; community crime; school size; student perceptions of school climate (school attachment); and individual student characteristics (e.g., age, race, sex, school involvement and effort, belief in rules, positive peer associations). “Community” was conceptualized in two ways: “local” (the census tract around the school), and “imported” (aggregated measures from the census tracts where students actually lived). We used hierarchical linear modeling techniques (HLM) to examine between- and within-school factors. Individual-level factors accounted for 16% of the explained variance; school and community-level factors (both local and imported) added only small increments (an additional 4.1–4.5%). We conclude that simplistic assumptions that “bad” communities typically produce “bad” children or “bad” schools are unwarranted.     

Pricing privacy – the right to know the value of your personal data

The commodification of digital identities is an emerging reality in the data-driven economy. Personal data of individuals represent monetary value in the data-driven economy and are often considered a counter performance for “free” digital services or for discounts for online products and services. Furthermore, customer data and profiling algorithms are already considered a business asset and protected through trade secrets. At the same time, individuals do not seem to be fully aware of the monetary value of their personal data and tend to underestimate their economic power within the data-driven economy and to passively succumb to the propertization of their digital identity. An effort that can increase awareness of consumers/users on their own personal information could be making them aware of the monetary value of their personal data. In other words, if individuals are shown the “price” of their personal data, they can acquire higher awareness about their power in the digital market and thus be effectively empowered for the protection of their information privacy. This paper analyzes whether consumers/users should have a right to know the value of their personal data. After analyzing how EU legislation is already developing in the direction of propertization and monetization of personal data, different models for quantifying the value of personal data are investigated. These models are discussed, not to determine the actual prices of personal data, but to show that the monetary value of personal data can be quantified, a conditio-sine-qua-non for the right to know the value of your personal data. Next, active choice models, in which users are offered the option to pay for online services, either with their personal data or with money, are discussed. It is concluded, however, that these models are incompatible with EU data protection law. Finally, practical, moral and cognitive problems of pricing privacy are discussed as an introduction to further research. We conclude that such research is needed to see to which extent these problems can be solved or mitigated. Only then, it can be determined whether the benefits of introducing a right to know the value of your personal data outweigh the problems and hurdles related to it.     

Updating International Law Enforcement Ethics: International Codes of Conduct

For any profession, establishing codes of ethics that are both practically relevant and up to date is an ongoing challenge. Law enforcement is no exception to this as agencies are faced with an evolving modern environment. With changes in technology, types of policing, and sources of societal conflict there is a potential array of new or evolving ethical considerations that confront the profession. Attempts to distill and prescribe law enforcement ethics at the international level have resulted in the creation of the “Law Enforcement Code of Conduct” of the International Association of Chiefs of Police (IACP) and the “Code of Conduct for Law Enforcement Officials” of the United Nations (U.N.). However, both these codes were created decades ago, so they do not cover some of the more contemporary ethical issues that have arisen. This article compares the content of the IACP and UN codes and identifies a range of ethical issues either absent or insufficiently addressed. Normative themes and issues are organized around the following topics: difficulties in applying the codes, human rights and the use of force, misconduct and integrity, and enforcement and accountability.     

If Brain Scans Really Detected Deception,Who Would Volunteer to be Scanned?

Abstract: Recent neuroimaging studies investigating the neural correlates of deception among healthy people, have raised the possibility that such methods may eventually be applied during legal proceedings. Were this so, who would volunteer to be scanned? We report a “natural experiment” casting some light upon this question. Following broadcast of a television series describing our team’s investigative neuroimaging of deception in 2007, we received unsolicited (public) correspondence for 12 months. Using a customized template to examine this material, three independent assessors unanimously rated 30 of an initial 56 communications as unequivocally constituting requests for a “scan” (to demonstrate their author’s “innocence”). Compared with the rest, these index communications were more likely to originate from incarcerated males, who were also more likely to engage in further correspondence. Hence, in conclusion, if neuroimaging were to become an acceptable means of demonstrating innocence then incarcerated males may well constitute those volunteering for such investigation.