POLICE MISCONDUCT AS ORGANIZATIONAL DEVIANCE

The aim of this paper is to extend and clarify the organizational deviance perspective by focusing on police misconduct. Toward that end the paper defines organizational deviance and police misconduct, illustrates the linkages between natural persons and deviant departments, and considers the public policy implications of viewing police misconduct as organizational deviance.     

TECHNOLOGICAL DRAMAS AND THE POLICE: STATEMENT AND COUNTERSTATEMENT IN ORGANIZATIONAL ANALYSIS*

Information technologies, especially computer-based recordkeeping and dispatching, when introduced into the police organization, are a material resource and a symbolic statement. Such statements can produce counter-statements, thus animating a dialectic, a technological drama that alters social fields (Bourdieu, 1977) and centrally features power and control (Burke, 1968). Ethnographic evidence is used to explore, with examples, four symbolic aspects (or meanings) of information technology. It is suggested that the introduction of information technology is an occasion for a socio-technical drama, or the selective use of messages to convey an impression. The drama is context dependent and plays itself out differentially in the several vertically ordered segments of police organizations. Technology as a symbol can point to one of several referents, each with overt and covert meanings: the regulatory aspects of technology, the modes of adjustment it creates, the reconstitution of technology, and processes of social reintegration. The four are ambivalent clusters that signal positive and negative meanings of “technology” while concealing relevant dissimilarities. These dramas are illustrated and analyzed, and suggestions are made for needed research. Some speculations about the consequences of technological dramas for role change in policing and the place of uncertainty in power relations conclude the paper.     

THE ESTABLISHMENT OF A POLICE GANG UNIT: AN EXAMINATION OF ORGANIZATIONAL AND ENVIRONMENTAL FACTORS*

Although researchers have begun to document the programs and activities performed by police gang units, little research has examined why police gang units are created and why they have responded to local gang problems in the way they have over the past 10 years. Using a multimethodological research design, the present study examines the factors that shaped a Midwestern police department's response to its community's gang problem. The results from the present study lend support for the institutional perspective. The data suggest that the gang unit was created as a consequence of pressures placed on the police department from various powerful elements within the community and that, once created, the unit's response was largely driven by its need to achieve and maintain organizational legitimacy.     

POLICE EMPLOYMENT AND SUBURBAN CRIME

Although politicians, police, and others have often advocated the expansion of police employment in the effort to control crime, the empirical relationship between police employment and crime rates has seldom been systematically explored. This study incorporates variables which are causally related both to crime and police employment roles for the 252 northern and northeastern suburbs for which police employment and crime data are available for 1970–1972. Separate analyses of violent and property crime are undertaken, incorporating data on police employment as a causally related variable along with several other determinants of crime identified in earlier studies. The analysis suggests that police employment and crime rates are reciprocally related, and that these relationships offer more support for a “labeling” than a “deterrence” perspective.     

POLICE CULTURE AND COERCION*

Researchers have long noted the link between police culture and coercion. To date, however, there have been no empirical studies of this relationship. Using data collected as part of a systematic social observation study of the police in Indianapolis, Indiana, and St. Petersburg, Florida, this research examines the relationship between traditional views of police culture—from an attitudinal perspective‐and coercion—from a behavioral perspective. After developing a classification scheme of officers' outlooks in the context of police culture, we examine the extent to which officers' alignment with cultural attitudes translates into differences in coercive behavior. The findings indicate that those officers who closely embody the values of the police culture are more coercive compared with those that differentially align with the culture, suggesting that police use of force is a function of officers' varying attitudinal commitments to the traditional view of police culture. The implications of these findings for policy and future research are considered.     

APPLICABILITY AND EFFECTIVENESS OF LEGAL NORMS

We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere of validity. We also explore the consequences of a thesis which maintains that applicability restricts the concept of effectiveness, so that only applicable norms can be considered effective. Our analysis illustrates that a proper reconstruction of the concept of applicability is of great importance not only for understanding the concept of effectiveness but also for providing insight into the nature of law.     

APPLICABILITY AND EFFECTIVENESS OF LEGAL NORMS

We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere of validity. We also explore the consequences of a thesis which maintains that applicability restricts the concept of effectiveness, so that only applicable norms can be considered effective. Our analysis illustrates that a proper reconstruction of the concept of applicability is of great importance not only for understanding the concept of effectiveness but also for providing insight into the nature of law. This revised version was published online in November 2006 with corrections to the Cover Date.     

ORGANIZATIONAL DEVIANCE AND POLITICAL POLICING

Deviance in the policing of political activities may be either legal or behavioral. Both are generated to satisfy external demands without risking undeniable failure. Tactics of secrecy and scapegoating to avoid the perils of external scrutiny are supplemented by applying the principles of need to know and plausible deniability. The demand for results regardless of methods makes legal deviance inevitable and behavioral deviance very probable. Deviance in political policing is very unlikely to be inhibited significantly by legal reforms or public politics. Organizational changes are more likely to have some impact.     

THE RELATIONSHIP OF POLICE AND CRIME

This study develops a model to measure the impact of police expenditure on crime rates across cities. It specifically allows for the two-way relationship between police and crime. Other things being equal, cities with more police per capita should have lower crime rates, if police reduce crime. Simultaneously, the higher the crime rate, the greater the public demand for police. In its final formations, the model contains two identifiable equations with two endogenous variables, police expenditure per capita and the crime rate. Following a discussion of the reliability of crime statistics, the model is estimated by two-stage least squares, using FBI crime data for 119 cities in 1960. These two-stage results are compared with ordinary least-square estimation results and are found to be clearly superior.     

行政自由裁量权概念的迷思与匡正

行政自由裁量权概念的发达除客观需要之外,还有人为的因素,为行政扩张服务甚至为了逃避司法审查。然而,行政自由裁量权是一个可以被内化或转化甚至淹没的概念,虽然它是事先确定的一个指引但却是一个错误的指引。国家主权理论的衰微,行政权的弱化,行政种类多样,裁量空间的压缩以及部分裁量被“不确定法律概念”涵摄,行政自由裁量权风光不再。让行政自由裁量权概念在行政法领域尽快消失。以行政法的“裁量性规范”,将行政“裁量性事实”放在行政行为下考量,通过对其目的性、公益性以及合法性进行的判断,使其获得正当性基础。行政诉讼以是否应该作为、是否超越职权、是否滥用职权为司法审查内容,以确认判决、撤销判决、确认无效判决为判决方式,取消现行的变更判决。     

PROFILING AND POLICE LEGITIMACY: PROCEDURAL JUSTICE,ATTRIBUTIONS OF MOTIVE,AND ACCEPTANCE OF POLICE AUTHORITY*

This paper reports the results of four studies that investigate racial profiling as an attribution about police motives. Each study explores, first, the types of police behavior that heighten or lessen the occurrence of profiling attributions and, second, the consequences of such attributions. Results support prior studies in finding that judgments about whether the police are profiling are associated with the level of public support for the police. The studies then extend the analysis of subjective profiling judgments by examining their antecedents. The findings support the procedural justice hypothesis that the fairness with which the police exercise their authority influences whether members of the public view the police as profiling.     

DETERRENCE,CRIMINAL OPPORTUNITIES,AND POLICE

In this article, we join three distinct literatures on crime control—the deterrence literature, the policing literature as it relates to crime control, and the environmental and opportunity perspectives literature. Based on empirical findings and theory from these literatures, we pose a mathematical model of the distribution of criminal opportunities and offender decision making on which of those opportunities to victimize. Criminal opportunities are characterized in terms of the risk of apprehension that attends their victimization. In developing this model, our primary focus is on how police might affect the distribution of criminal opportunities that are attractive to would‐be offenders. The theoretical model we pose, however, is generalizable to explain how changes in other relevant target characteristics, such as potential gain, could affect target attractiveness. We demonstrate that the model has important implications for the efficiency and effectiveness of police deployment strategies such as hot spots policing, random patrol, and problem‐oriented policing. The theoretical structure also makes clear why the clearance rate is a fundamentally flawed metric of police performance. Future research directions suggested by the theoretical model are discussed.     

CRIME AND THE POLICE A Multivariate Analysis

In an effort to assess the correlates of the variations in the rate of crime aggregated at a city level, data are analyzed using multiple correlation analysis that includes indicators of socioeconomic and social control (police) characteristics of the cities The results indicate that the rate of police and money budgeted to police contributes little to the explained variation in rates of crime. In addition, these indicators of social control variations do not correlate with variations in clearance rates The data are interpreted in terms of their implications for public policy, evaluation of police, and deterrence theory.     

CAPITAL PUNISHMENT AND LETHAL ASSAULTS AGAINST POLICE

This investigation provides a multivariate analysis of the deferrent effect of the death penalty on the rate of lethal assaults against the police. Examining statelevel data for the period 1961 to 1971, we hypothesize a significant inverse relationship between the rate of police killings and (1) the statutory provision for capital punishment and (2) the execution rate of convicted murderers. Contrary to the deferrence hypotheses, no support is found for the argument that the provision and use of the death penalty provides an added measure of protection for the police. Rather, variation in police killings rates, like the general homicide rate, would appear to be largely a function of various sociodemographic factors.