The Responsibility of the Police Command for Street-Level Actions

This article examines federal judicial doctrine concerning the responsibility of police officials for patrol misconduct. The current standard requiring a showing by plaintiffs of an "affirmative link" between street-level action and the intention of commanders is challenged in two ways. First, through the application of organizational analysis to the premises of leading cases in the doctrine, and, second, by considering three suits alleging patterns of patrol misconduct, in which the elements of a new standard of command responsibility can be discerned. The authors argue that a standard based on a strengthened doctrine of respondeat superior will help insure the preservation of due process rights in citizen encounters with the police. The article recommends the imposition of departmental record keeping requirements for personnel evaluations and for allegations and investigations of patrol misconduct. A further recommendation would require departmental regulations on the use of force.     

Does the police code of silence vary with police assignment? An empirical exploration of the relation between the code and assignment

ABSTRACT

This paper contains an in-depth exploration of the relation between police code of silence and police assignment. A police integrity survey was used to measure the contours of the code among Croatian patrol officers, detectives, and community-policing officers. Samples of police officers evaluated fourteen hypothetical scenarios describing various forms of police misconduct. Whereas the type of assignment was a weak predictor of the respondents’ adherence to the code of silence, the respondents’ assessments of misconduct seriousness and expected discipline, as well as perceptions whether other officers would report misconduct, were strong predictors of the respondents’ own expressed adherence to the code.     

Probable causes for police corruption: Some theories

Theories and explanations of police corruption presented in recent social science literature are reviewed to develop a conceptual framework for future study of the problem. Theories of corruption due to individual failings, organizational deviance, cynicism, lack of deterrence, and the lack of consensus on victimless crimes and their effects, are discussed.     

Police Corruption and its Prevention

This article has two themes. Firstly, that police corruption is not an individual aberration of an incidental nature that can be readily combated with temporary, repressive measures. The 'new realism' on this maintains that corruption and police misconduct are persistent and constantly recurring hazards generated by the organisation itself. Secondly, there is consensus on effective measures to tackle it and to promote integrity. Ingredients are strong leadership, a multi-faceted organisational strategy, a well-resourced internal affairs unit, proactive techniques of investigation, and persistent efforts to promote professional standards. The essence is a judicious and sophisticated balance between negative and positive social control. Policing is about the rule of law and due process: corruption and other forms of police deviance undermine the legitimacy of the police organisation and by implication the state. A 'clean' police is a crucial barometer of a healthy society. One can have few illusions about the difficulty of achieving this but a comparative review of the experience in four societies - USA, Great Britain, Belgium and the Netherlands - provides clear indicators about reform, control and leadership in fostering integrity and in tackling corruption.     

Judging Police Misconduct: "Street-Level" versus Professional Policing

In their interactions with citizens, police officers are prohibited from (1) using unnecessary Force, (2) Abusing their authority, (3) speaking Discourteously, or (4) using Offensive language, all captured by the acronym FADO. However, acts of police misconduct are complex social phenomena that involve both following legal guidelines and responding to extralegal or mitigating circumstances. Using a factorial survey of police‐civilian interactions that introduce various dimensions of FADO and surrounding circumstances, respondents are asked to rate from zero to ten the seriousness of police misconduct in an encounter. Findings show that respondents' judgments of the seriousness of misconduct consider both legal and extralegal dimensions. On the legal side of the ledger, officers' unnecessary use of force and use of offensive language significantly increase judgments of serious misconduct; on the extralegal side of the ledger, civilians' confrontational demeanor significantly reduces judgments of serious misconduct. The findings suggest that citizens expect officers to behave professionally, or by the book, but with a recognition that “street‐level” discretion has a place in an officer's toolkit. Citizens' expectations that street‐level discretion has its place is also demonstrated by findings for the dimension abuse of authority: Abuse or threatening behavior by officers is not a significant predictor of serious police misconduct. In addition, characteristics of the respondents explain propensities to observe different degrees of police misconduct. Controlling for the social status, political orientation, and prior experience of respondents with the police, we find that (1) blacks rate police misconduct significantly higher than their white counterparts, and (2) liberals rate police misconduct significantly higher than their conservative counterparts. Differences in judgments by blacks and whites and by liberals and conservatives concerning judgments of police misconduct have important implications for the legitimacy of police authority.     

What effect did the mob have on Chicago neighborhoods? Explicating the relationship between racket subcultures and informal social control

This paper examines the relationship between racket subcultures and informal social control. Specifically, this paper examines the influence of traditional organized crime on informal social control in community areas while controlling for satisfaction with the police, tolerance of deviance, neighborhood and organizational ties, and neighborhood attachment. The data used in this analysis comes from the Community Survey of the Project on Human Development in Chicago Neighborhoods. They were obtained from the Inter University Consortium of Political and Social Science Research. Ordered logistic regression was used to analyze the data. The findings indicate that racket areas reported higher levels of informal social control when compared to similar non racket areas in the city of Chicago. These findings have important implications for the study of deviance. Not only do they suggest that criminals can play an important role in controlling street crime, the findings also support differential social organization theory.     

Police Sexual Misconduct: Female Police Officers' Views Regarding Its Nature and Extent

Sexual misconduct among on-duty police officers has received little scholarly attention. Existing research that has attempted to provide police officers' views on this matter has been dominated by the male perspective. The present study focuses on female officers' perspectives and provides insight into the nature and extent of such behavior. The findings show that female officers report that police sexual misconduct is common. Differences in perceptions about such behavior between female and male officers are identified. Theoretical explanations for police sexual misconduct are explored. Policy implications of how police sexual misconduct might be better controlled are discussed.     

Unreported crimes,public dissatisfaction of police,and observed police misconduct in the Volgograd region,Russia: A research note

The paper examines the issue of widespread underreporting of crimes in the Volgograd region of Russia. The factors of public satisfaction with police, prior observed police misconduct, type of crime, and victim’s demographics are used to explain a victim’s decision to report crimes to the police. The research is based on a representative sample of Russian citizens conducted over a 9 year period in the Volgograd region (1998–2007) with a sample size of 1332 cases. The study concludes that prior observed police misconduct, especially the falsification of documents, is the strongest predictor of victims’ decisions to report crimes. The research holds critical implications for the ongoing reform of Russian police.     

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.     

REFORMING THE POLICE: RACIAL DIFFERENCES IN PUBLIC SUPPORT FOR CHANGE*

While the literature has extensively documented popular discontent with various types of police misconduct, little is known about popular support for corrective measures. Such information, however, would be valuable for public policy and has the potential to enhance public confidence in the police. This article, using data from a recent national survey, reports public attitudes toward several specific reforms in policing. Findings indicate, first, that race is a predictor. Blacks and Hispanics are the most supportive of reform. Second, support for reform is strongly affected by the perceived frequency of police misconduct in one's city and neighborhood and by exposure to media reports of police misconduct. Respondents who believe that police corruption, unwarranted stops, and verbal and physical abuse of citizens are common are more likely to favor reforms. The same is true for those who are frequently exposed to news media coverage of incidents of police misconduct. The findings are consistent with the group‐position theory of race relations.     

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.     

THE SOCIAL ECOLOGY OF POLICE MISCONDUCT*

The present study examined whether variations in social ecological conditions in New York City police precincts and divisions have predicted patterns of police misconduct from 1975 to 1996. The study included misconduct cases involving bribery, extortion, excessive force, and other abuses of police authority, as well as certain administrative rule violations. Using a longitudinal framework, the analyses found that dimensions of structural disadvantage and population mobility— drawn from the social disorganization literature—as well as changes in Latino population—drawn from the racial conflict perspective— explained changes in police misconduct over time. Further, most of the variations occurred within, as opposed to between, precincts and divisions over time, strengthening the case for a longitudinal examination.     

Studying the reach of deterrence: Can deterrence theory help explain police misconduct?

This article reports the first perceptual deterrence study of a sample of police officers. The study investigated the influence of traditional deterrence considerations, extralegal sanctions, and impulsivity on the intention to commit several hypothesized acts of police misconduct. The results were largely consistent with perceptual deterrence findings from samples of college students, experienced offenders, and corporate managers. In particular, this study found that both legal and extralegal sanction threats potentially deter police misconduct. Further, it found that impulsivity diminished the deterrent influence of both sanction forms. The study also found that some of the effects of the explanatory variables depended on whether officers had prior punishment experience. The article discusses the implications of its findings for combating police misconduct and for deterrence research generally.     

Neighborhood climates of legal cynicism and complaints about abuse of police power†

Research findings show that legal cynicism—a cultural frame in which skepticism about laws, the legal system, and police is expressed—is important in understanding neighborhood variation in engagement with the police, particularly in racially isolated African American communities. We argue that legal cynicism is also useful for understanding neighborhood variation in complaints about police misconduct. Using data on complaints filed in Chicago between 2012 and 2014, we show that grievances disproportionately came from racially segregated neighborhoods and that a measure of legal cynicism from the mid-1990s predicts complaints about abuse of police power two decades later. The association between legal cynicism and complaints is net of prior complaints, reported crime, imprisonment, and other structural factors that contribute to the frequency and nature of interactions involving police and residents. Legal cynicism also mediates the influence of racially isolated neighborhoods on complaints. The mid-1990s is the approximate midpoint of a half-century of police scandals in Chicago. Our research findings suggest that contemporary complaints about police misconduct in highly segregated Chicago neighborhoods are grounded in collectively shared historical memories of police malfeasance. They also suggest that persistent complaints about police misconduct may represent officially memorialized expressions of enduring racial protest against police abuse of power.     

COMPROMISED POLICE LEGITIMACY AS A PREDICTOR OF VIOLENT CRIME IN STRUCTURALLY DISADVANTAGED COMMUNITIES*

This study examined whether indicators of compromised police legitimacy explained variations in violent crime within New York City police precincts from 1975 to 1996. Integrating models of urban cultural attenuation and procedural justice, the study hypothesized that variations in patterns of police misconduct and over/under policing (the indicators of police legitimacy) would predict variations in violent crime rates of communities characterized by concentrated structural disadvantage. Using a panel design and controlling for the relevant ecology of crime factors and spatial autocorrelation, the study found that in communities characterized by high disadvantage, incidents of police misconduct predicted variations in violent crime; in communities characterized by extreme disadvantage, both indicators of compromised police legitimacy (misconduct and over policing) predicted variations in violent crime. The study found no significant relationships between the indicators of police legitimacy and violent crime in communities of low disadvantage. Findings support emerging arguments that emphasize the importance of formal institutions of social control in the most structurally disadvantaged communities (that is, those often subjected to cultural attention) and suggest implications for the ecology of crime model and police accountability.     

The Victim–Offender Overlap Behind Bars: Linking Prison Misconduct and Victimization

Despite a growing body of research on the victim–offender overlap, limited scholarship has examined this phenomenon in the context of the prison. This paper advances theory and scholarship on the victim–offender overlap and prison social order by examining linkages between prison misconduct and victimization. Examination of the overlap in the prison context extends the generality of the model and provides greater insight into the implications of the prison experience on behavior. This paper uses nationally representative data from the Survey of Inmates in State and Federal Correctional Facilities and bi-probit analyses to estimate whether the overlap exists within the prison setting and whether victimization and misconduct can be explained using the same theoretical framework. Findings suggest that common and unique risk factors exist for victimization and misconduct. Results have implications for theory, research, and policy related to understanding the relationship between victims and offenders and deviance in the prison setting.     

Section 1983 litigation: An effective remedy to police misconduct or an insidious federalism?

In recent years the federal courts have experienced a dramatic increase in civil suits alleging police misconduct under the federal provision, 42 U.S.C. Section 1983, which was originally enactd as part of the Civil Rights Act of 1871. Section 1983, presently the second most litigated provision of the United States Code, grants a private right of action for redressing violations of federal and Constitutional rights committed by persons (including municipalities) acting under color of state law. The recent development of Section 1983 as a mechanism for controlling police misconduct has profound implications for New Federalism, public official conduct and traditional legal doctrines (such as the exclusionary rule). This study reviews the legal basis for civil liability remedies, examines the impact of recent developments on police behavior, and explores the policy considerations underlying an assessment of this expanding legal remedy as a viable option in preventing police misconduct.     

Police attitudes towards fellow officers' misconduct: the Swedish case and a comparison with the USA and Croatia

There is a long tradition of research into police integrity in the USA. Over the last few decades the focus of this research has shifted from regarding police misconduct as an individual problem to viewing it as an occupational/organisational one. Very little research has been conducted in this area in Scandinavia, however. This article presents findings from a Swedish questionnaire survey of levels of intolerance for corruption and other forms of misconduct within the Swedish police force. The study was conducted as part of an international project. Thirteen percent of Swedish police officers were included in the sample. Attitudes towards police misconduct are characterized by a high degree of consistency. The more seriously a behaviour is viewed, the more severely officers feel it should be sanctioned and the more willing police officers are to report it. Levels of intolerance towards theft are very high, whilst this intolerance is more moderate in relation to the use of excessive force, and is more or less non-existent when it comes to using a police car to ferry a fellow officer to work. At the same time, the patterns visible among the officers' responses are indicative of both ego-defence and of the existence of a code of silence. The article also compares the Swedish findings with responses from similar surveys conducted in the USA and Croatia. Differences between the circumstances in which the studies were conducted make comparisons between the different police forces difficult. The most conspicuous trend, however, is that different types of misconduct are ranked almost identically across the three countries.     

Public perceptions of police misconduct and discrimination: Examining the impact of media consumption

The media portrayal of policing is juxtaposed with both positive and negative representations. As a result, a complex relationship exists between media consumption and public attitudes towards the police. The purpose of this study was to test the impact that media consumption had on attitudes toward police misconduct and discrimination. The findings revealed that heavy consumers of network news were more likely to believe that police misconduct was a frequent event. This was especially true for minority respondents. Similarly, minority respondents that frequently viewed network news were more likely to believe that Whites received better treatment by the police. Finally, the findings revealed that frequent viewers of police dramas believed that the wealthy received preferential treatment from the police. Conversely, frequent viewers of crime solving shows believed that the wealthy did not receive preferential treatment.     

Controlling Corruption and Misconduct: A Comparative Examination of Police Practices in Hong Kong and New York

Police corruption and misconduct are of perpetual concern to both the police and the public. Various measures have been used and programs created to reduce these problems. But existing research indicates that the effects of such measures are either transient or uncertain. Few studies have been conducted to understand the mechanisms for controlling police corruption and misconduct from an international, comparative perspective. This study intends to fill this gap by exploring the experiences of the Hong Kong Police Force (HKPF) as well as those of the New York Police Department (NYPD). Although Hong Kong is today a part of China, it remains in the Common Law system and its police practices have been highly influenced by Western policing principles, making such a comparison relevant and perhaps useful. The findings of this study suggest that Hong Kong and New York have both adopted various measures for controlling police corruption and misconduct, but have diverged significantly from each other in the structure and content of their control efforts.