Predictors of Texas Police Chiefs’ Satisfaction with Police–Prosecutor Relationships

Although strain in police–prosecutor relationships may be built into the criminal justice system’s checks and balances, the administration of criminal justice can benefit from the adoption of practices which improve these working relationships. A first step towards the adoption of such practices can be taken by first adding to the knowledge base regarding this understudied topic. Using a survey of a state-wide sample of Texas police chiefs, this exploratory study identifies which aspects of police–prosecutor interaction styles are predictors of police chiefs’ satisfaction with police–prosecutor relationships. Results indicate that perceived level of police input in prosecutors’ plea bargain and charging decisions, perceived directness of felony trial preparation communication method, and perceived frequency of decision-maker interactions predict police chiefs’ satisfaction with police–prosecutor relationships. Policy implications are discussed.     

POLICE PERCEPTIONS OF INFLUENCE: A Study in the Criminal Case Disposition Process

This study examines police perceptions of their own influence and the influence of the judges, attorneys, victims, and defendants in the felony case disposition process. The findings suggest that while police perceive their own influence as relatively low, it is enhanced by their direct participation in plea discussions both in their own view and that of the observers. The study concludes that there appear to be substantial benefits from greater police participation in the negotiated disposition of criminal cases.     

Garner plus five years: An examination of Supreme Court intervention into police discretion and legislative prerogatives

This paper examines legislative changes, state attorney general activities, and early federal case law following the 1985 United States Supreme Court holding inTennessee v. Gamer that laws authorizing police use of deadly force to apprehend fleeing, unarmed, non-violent felony suspects violated the Fourth Amendment. Only four of the 23 states apparently affected by this decision have brought their statutes into line with it. Only two of the attorneys general in the remaining 19 states have advised police of the decision. These findings indicate that control of police discretion in use of deadly force has been assumed by police administrators, and that criminal law definitions and the legal advice of attorneys general are largely irrelevant to effective control of police behavior     

Fighting back: Lethal responses to predatory attacks

Each year millions of Americans become victims of predatory crimes. The way victims respond to these attacks varies from complicance with offenders' requests to physically challenging offenders. In some cases, the physical defense of self and property has lethal consequences for the initial offender. While much is known about felony murder victims and typical homicide offenders, little is known about individuals who fight back against predatory attack by using lethal violence. In this paper, we use data from the Homicides in Chicago, 1965–1995 study to describe the characteristics of defensive homicide offenders and to determine how they compare with felony murder victims and defensive homicide offenders. Our results indicate that defensive homicide offenders are more similar to typical homicide offenders than felony murder victims, and are even more likely to have violent criminal histories and to use firearms than typical homicide offenders. Our results challenge the common perception that individuals who fight back against predatory attack are simply “law-abiding citizens.” We conclude the paper with a discussion of the implications of our study for additional research and police practice. Authors' Note: The authors thank editor Dennis Stevens and James Black for their helpful comments on earlier draft of the paper.     

The Murder Mystery: Police Effectiveness and Homicide

Objective

Previous aggregate analyses of the effect of police on crime show that increases in police staffing are especially effective at preventing homicide. This conflicts with evidence that suggests standard police methods should be more effective at preventing robbery, auto theft, and other property crimes. My objective is to reconcile the two.

Methods

Regression of crime rates on uniformed police staffing and other economic and demographic covariates, for a panel of 59 US cities for the period 1970–2013.

Results

Lagged crime rates are strong and statistically significant predictors of both policing staffing and crime rates, particularly homicide. When lags are included in the specification, the apparent effect of police on homicide drops by more than 70 %; there is little change in the effect of police on other crimes. Findings are robust with respect to specification and method.

Conclusions

Previous studies omitted lags and overstated the effectiveness of police on homicide. Because murder accounts for almost 40 % of all costs of crime in US cities, it is no longer clear whether increasing police force size is a cost-effective way to cut crime. Improving police tactics is more likely to work and less expensive.

     

Patrol officer arrest rates: A study of the social organization of police work

The study discussed in this paper examined the variation in felony arrest rates among patrol officers performing similar duties in the same patrol area. Data were obtained by records review, self-administered questionnaires, unstructured interviews and participant observation during a two-year field presence in a New York City Police precinct. Analysis of the data led to the conclusion that the patrol officers control their enforcement patterns through a process of role adaptation. This functional division of labor serves the individual needs of the officers as they mediate conflicting demands of police bureaucracy and community.     

Police use of deadly force: Research and reform

Police use of deadly force first became a major public issue in the 1960s, when many urban riots were precipitated immediately by police killings of citizens. Since that time scholars have studied deadly force extensively, police practitioners have made significant reforms in their policies and practices regarding deadly force, and the United States Supreme Court has voided a centuries-old legal principle that authorized police in about one-half the states to use deadly force to apprehend unarmed, nonviolent, fleeing felony suspects. This essay reviews and interprets these developments.     

The Problem with Entrapment

In R v Looseley; Attorney General’s Reference (No. 3 of2000) the House of Lords articulated a legal framework to govern‘entrapment’ in criminal cases. Their Lordshipsregarded the need for judicial intervention to assist entrappeddefendants as uncontroversial. This article argues that thedoctrine they set out, in fact, necessitates substantial, andlargely unarticulated, departures from principles the courtsordinarily stress as fundamental to the criminal law. In particular,entrapment doctrine determines liability for criminal acts byreference to the kind of environment inhabited by their perpetrators,a perspective the law ordinarily attempts to exclude. This articlesuggests that the anomalous treatment of entrapment can be understoodas a device to prevent the police from relocating the temptationto commit crime to environments in which they are not ordinarilyconfronted and to ensure that those from backgrounds in whichserious criminality is not usually a plausible option will escapepunishment if tempted to commit crime by the police.     

Interrogation of juveniles

Little information has been available on the frequency of police interrogation and rights waiver in juvenile cases. Research in developmental psychology suggests that the cognitive and emotional characteristics of juveniles, coupled with the circumstances inherent in police interrogations might render very infrequent the assertion of the right to silence by juveniles. Furthermore, both legal and social science commentators have suggested that an increase in certain due process protections (e.g., presence of parents at questioning) might not mitigate the forementioned effect. To test these assumptions, the study examined juvenile court records for a random sample of felony referrals over a three-year period (491 juveniles, 707 referrals). Police questioning occurred in 65–75% of felony referrals, and juveniles in about 90% of these referrals provided police with information (more than personal identification). These results were examined in relation to demographic and offense variables. Due process protections were significantly more frequent during one year than during a previous year, but there was no difference between years in the frequency of rights waiver. The implications of these findings are discussed.This study was supported by research grant MH-27849 from the Center for Studies of Crime and Delinquency, National Institute of Mental Health. The St. Louis County Juvenile Court is gratefully acknowledged for its cooperation in this study. Opinions and conclusions expressed in the report do not necessarily reflect those of either the grant agency or the St. Louis County Juvenile Court. In addition, Linda Vierling, Rebort Neems, and Ronald Peal are acknowledged for their assistance in data collection and analysis.     

Predicting type of sexual assault case closure from victim, suspect, and case characteristics

Relatively little research has examined the impact of victim, suspect and case characteristics on the probability of various case closures in regard to personal crimes requiring police investigation. The present article examines the effect of individual and case characteristics (i.e. victim–offender relationship, initially available evidence) on the police unfounding decision, and the probability of four other types of case closure (Arrest, Exceptional due to lack of victim cooperation, Exceptional due to lack of “prosecutorial merit”, and Open) among a sample of felony sexual assault cases. Using data from a large municipal police department's sexual assault investigative unit, results indicate that the race of the victim and suspect plays no role in determining any of the case outcomes in this sample, while prior relationship does appear to have a strong impact. Variable impacts for indicators of the strength of evidence, victim's cooperation, and the seriousness of the case are also discussed.     

Juror Perceptions of the Legitimacy of Legal Authorities and Decision Making in Criminal Cases

Literature on trust in legal authorities and institutions demonstrates that trust affects individual behavior, yet there is little research on whether attitudes toward legal authorities such as the police or courts influence juror behavior as a third party assessing evidence and determining legal outcomes for others. Additionally, the literature on juror decision making confirms that juror race is an important predictor of juror decisions, but explanations for differences among racial groups are not clear. Since minority groups hold less favorable attitudes toward legal authorities generally, legitimacy theory may help explain racial differences in decision making among jurors. Using data from nearly 2,000 jurors in felony trials, this research utilizes multilevel modeling techniques to find that jurors' trust in legal authorities is related to juror outcomes, though the effect of juror trust and confidence in the police is opposite that of juror trust and confidence in the courts. Additionally, juror race conditions the effect of trust in police and courts. Trust is a stronger predictor of both perceptions of evidence and voting for black jurors than it is for white jurors.     

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.     

FELONY MURDER AND CAPITAL PUNISHMENT: AN EXAMINATION OF THE DETERRENCE QUESTION

A proper test of the deterrent effect of the death penalty must consider capital homicides. However, the criterion variable in most investigations has been total homicides—most of which bear no legal or theoretical relationship to capital punishment. To address this fundamental data problem, this investigation used Federal Bureau of Investigation data for 1976–1987 to examine the relationship between capital punishment and felony murder, the most common type of capital homicide. We conducted time series analyses of monthly felony murder rates, the frequency of executions, and the amount and type of television coverage of executions over the period. The analyses revealed occasional departures (for vehicle theft and narcotics killings) from the null hypotheses. However, on balance, and in line with the vast majority of capital punishment studies, this investigation found no consistent evidence that executions and the television coverage they receive are associated significantly with rates for total, index, or different types of felony murder.     

Officials' Estimates of the Incidence of “Actual Innocence” Convictions

Evidence indicates that the conviction and imprisonment of factually innocent persons occur with some regularity. Most research focuses on causes, but the incidence of wrongful convictions is an important scientific and policy issue, especially as no official body gathers data on miscarriages of justice. Two methods are available for discovering the incidence of wrongful conviction: (1) enumerating specific cases and (2) having criminal justice experts estimate its incidence. Counts or catalogues of wrongful conviction necessarily undercount its incidence and are subject to accuracy challenges. We surveyed Michigan criminal justice officials, replicating a recent Ohio survey, to obtain an expert estimate of the incidence of wrongful conviction. All groups combined estimated that wrongful convictions occurred at a rate of less than ½ percent in their own jurisdiction and at a rate of 1–3 percent in the United States. Defense lawyers estimate higher rates of wrongful conviction than judges, who estimate higher rates than police officials and prosecutors. These differences may be explained by professional socialization. An overall wrongful conviction estimate of ½ percent extrapolates to about 5,000 wrongful felony convictions and the imprisonment of more than 2,000 innocent persons in the United States every year.     

Felony and misdemeanor defendants filed in the u.s. district courts during fiscal years 1990–95: An analysis of the filings of each offense level

The number of criminal defendants in cases filed in the federal courts increased by fewer than 1,000 from 1990 to 1995. Separate analyses of filings of felony and misdemeanor defendants revealed that there are different factors that influence the magnitude of the caseload of each offense level. The number of federal felony filings is strongly linked to staffing levels within the ninety-four U.S. attorneys’ offices, while the types of filings are a reflection of prosecution priorities. As a result, the magnitude of the felony caseload in the federal courts does not mirror either local or national crime rates. Misdemeanor filings, on the other hand, are dependent on enforcement practices of local authorities at military bases and/or national parks, and are concentrated within a few federal courts. The number of misdemeanor filings and traffic violations, in particular, are susceptible to dramatic changes when these local authorities modify their enforcement procedures.     

SELECTIVE APPREHENSION: A POLICE STRATEGY FOR REPEAT OFFENDERS*

This study examines the effectiveness of the Repeat Offender Project (ROP), a specialized police unit in Washington, D.C. It documents how the ROP unit operated, what it cost, and how well it achieved its goal of “selecting, apprehending, and contributing to” the conviction of persons believed to be committing jive or more Part I offenses per week. A controlled experiment showed that the ROP substantially increased the likelihood of arrest for the persons it targeted. Quasi-experimental data indicated that ROP arrestees had longer and more serious histories of prior arrests than a comparison sample of arrestees of officers in other police units. The former arrestees were also more likely to be prosecuted and convicted on felony charges and more likely to be incarcerated. ROP officers’arrest productivity was cut in half; but this cost appears to have been offset by the greater seriousness of the current and prior offenses of its arrestees. The study concludes that the creation of selective apprehension units provides a promising new strategy for major urban police departments.     

Police,Crime and the Problem of Weak Instruments: Revisiting the “More Police,Less Crime” Thesis

Objectives

A key question in the general deterrence literature has been the extent to which the police reduce crime. Definitive answers to this statement, however, are difficult to come by because while more police may reduce crime, higher crime rates may also increase police levels, by triggering the hiring of more police. One way to help overcome this problem is through the use of instrumental variables (IV). Levitt, for example, has employed instrumental variables regression procedures, using mayoral and gubernatorial election cycles and firefighter hiring as instruments for police strength, to address the potential endogeneity of police levels in structural equations of crime due to simultaneity bias.

Methods

We assess the validity and reliability of the instruments used by Levitt for police hiring using recently-developed specification tests for instruments. We apply these tests to both Levitt’s original panel dataset of 59 US cities covering the period 1970–1992 and an extended version of the panel with data through 2008.

Results

Results indicate that election cycles and firefighter hiring are “weak instruments”—weak predictors of police growth that, if used as instruments in an IV estimation, are prone to result in an unreliable estimate of the impact of police levels on crime.

Conclusions

Levitt’s preferred instruments for police levels—mayoral and gubernatorial election cycles and firefighter hiring—are weak instruments by current econometric standards and thus cannot be used to address the potential endogeneity of police in crime equations.

     

Police Strikes and Conventional Crime

Employing FBI "Return A Record Card" data, this study examines the impact of municipal police strikes on reported rates of burglary, robbery, larceny, and auto theft in 11 U.S. cities. Relationships reflecting the view that police presence is essential for crime prevention and social order are examined for variation duration of police strike, city size, and offense category. Overall, analysis yields very limited support for the police presence argument, suggesting that strikes have neither a significant nor a systematic impact on rates of reported crime. Implications of findings for the formulation of police policy are discussed.     

Police participation in structured plea negotiations

This article examines the participation of police officers in structured felony plea negotiations. The data were collected during the testing of pretrial settlement conferences conducted in Dade County, Florida. The police officers were relatively active in the plea discussions, and their presence affected both the structure of the discussion and the relative influence of the various parties. The data also indicate that police participation and influence were affected by the presence of either the victim or the defendant.While the presence of the police did not affect the processing (settlement/trial rate) or the disposition (sentence severity, use of incarceration or restitution), the officers who attended the conference were more satisfied with both the court process and the disposition. This finding is significant in the light of the demoralizing effects of traditional plea negotiations on police attitudes and the spill over of these negative attitudes into the criminal justice system.