From coercion to deception: the changing nature of police interrogation in America

Our police, with no legal sanction whatever, employ duress, threat, bullying, a vast amount of moderate physical abuse and a certain degree of outright torture; and their inquisitions customarily begin with the demand: If you know what's good for you, you'll confess. (Ernest Jerome Hopkins, 1931)¹ Today, Ness Said, interrogation is not a matter of forcing suspects to confess but of conning them. Really, what we do is just to bullshit them (William Hart, 1981)² There is an interesting irony at work here: restrict police use of coercion, and the use of deception increases. (Gary Marx, 1988)³ In both popular discourse and academic scholarship one continually encounters references to the tradition-bound police who are resistant to change. Nothing could be further from the truth. The history of the American police over the past 100 years is the history of drastic, if not radical, change. (Samuel Walker, 1977)⁴ A longer version of this paper was presented at the Annual Meeting of the American Society of Criminology in November, 1991.     

Organizational determinants of police discretion: The case of drinking-driving

Organizational explanations of police behavior differ in terms of the influence on street-level discretion attributed to the formal administrative apparatus. Rational and constrained rational models emphasize the influence of formal policies and structures, whereas the loosely coupled model emphasizes the informal structure and environment. This study examined the relevance of these models for explaining patrol officers' decisions to arrest in the drinking-driving situation in four police agencies. Analysis of officer questionnaire responses (N=71) to a drunk driver scenario showed that officers in the two larger, bureaucratized departments were much less likely to arrest than those in the smaller departments. Loose coupling of the administrative apparatus and officer discretion were pronounced in the large departments, but administrative priorities were closely coupled to officer discretion in the small agencies. Unable to employ elaborate bureaucratic forms due to size constraints, the small departments pursued DUI arrests to demonstrate their professional worth. The larger departments, operating with fewer resources relative to demand, were preoccupied with other issues and did not find a high DUI arrest rate particularly useful for sustaining community support. They were able to rely on institutional forms that signified commitment to DUI arrests without actually constraining officers to make them.     

Individual and situational determinants of police force: An examination of threat presentation

This study is based on previous research denoting the primary factors that influence officer decisions regarding the use of differing levels of force in police-citizen encounters. Using a totality of the circumstance approach, primary emphasis is directed toward explaining those factors that contribute to officers’ estimation of the perceived level of threat inherent in police-citizen encounters. Officers’ perceived level of threat presented by a suspect or the situational context of an encounter is important because in 1989, the Supreme Court in theGraham v. Conner decision mandated that the appropriate amount of force that can be utilized depends on the following four primary factors: the threat, offense severity, actual resistance offered, and whether the suspect is trying to escape custody. These criteria were tested and placed into a predictive model along with other indicators the literature has found to be correlated with situations in which police force is used more often. The findings suggest that while the threat presented to officers is important and related to the level of force that is deemed appropriate by the police profession, many additional elements must be taken into consideration when interpreting if an officer used force correctly.     

Situational factors and police use of force across micro-time intervals: A video systematic social observation and panel regression analysis

The current study analyzes police use of force as a series of time-bound transactions between officers, civilians, and bystanders. The research begins with a systematic social observation of use-of-force events recorded on police body-worn cameras in Newark, New Jersey. Researchers measure the occurrence and time stamps for numerous participant physical and verbal behaviors. Data are converted into a longitudinal panel format measuring all observed behaviors in 5-second intervals. Panel logistic regression models estimate the effect of each behavior on use of force in immediate and subsequent temporal periods. Findings indicate certain variables influence use of force at a distinct point in time, whereas others exert influence on use of force across multiple time periods. The most influential variables relate to authority maintenance theoretical constructs. This finding supports prior perspectives arguing that police use of force largely results from officer attempts to maintain constant authority over civilians during face-to-face encounters. Nonetheless, a range of additional variables reflecting procedural justice, civilian resistance, and bystander presence significantly affect when police use force during civilian encounters. Results provide nuance to theoretical frameworks considering use of force as resulting from the interplay between officer and civilian actions and reactions.     

Experiences of coercion during investigation and treatment

According to Swedish legislation (LVM) compulsory treatment shall be decided on if someone, due to ongoing abuse of alcohol, drugs or volatile solvents, is in need of care to overcome abuse and if a voluntary intervention is not possible. Very little research has been conducted in Sweden on this particular legislation with regard to the clients' experiences of entire process from assessment to aftercare. We interviewed 74 subjects who were being assessed prior to the court's decision on involuntary care (n=39), or with previous experience of assessment and involuntary care (n=35). The assessment group more often reported having the opportunity to express their opinions to the social worker during the assessment period (55% vs. 21%, p<.05) and they were more positive towards the final decision (60% vs. 24%, p<.05). In spite of the law, 18% were not contacted by the social services while in coercive treatment. The clients who did meet with a social worker, often described the conferences as more of a perfunctory nature with a lack of focus on the actual situation and aftercare planning. This study points at a need of studying the subjects' experiences of the whole continuum of the coercive process: from the investigation, to treatment and to aftercare. It also points at the need for new instruments to be developed covering all aspects of the coercive process and in particular the period of investigation prior to the decision on involuntary care.     

Probability,danger, and coercion

Young adults were shown hypothetical stimulus vignettes describing mental patients and were asked to judge (a) the probability that the patient would harm someone else, (b) whether or not the patient should be categorized as “dangerous,” and (c) whether coercion should be used to ensure treatment. Probability and dangerousness judgments were systematically related and were predictive of the judged necessity for coercion. However, judged probability was strongly dependent on the form of the response scale, suggesting that probability was not represented consistently and quantitatively in participants' minds. Study 2 replicated these findings with forensic clinicians as participants. These results underscore the importance of violence to others in mental health law and have important implications for the manner in which risk assessments are formulated for use by the legal system.     

Sexual coercion among adolescents: victims and perpetrators

Adolescence is a transitional period when the pressure to engage in romantic and sexual relationships can leave teenagers feeling confused and at risk for sexual coercion. Our studies investigated characteristics of male and female perpetrators and victims of peer sexual coercion, focusing on self-esteem, sexist attitudes, and involvement in nonsexual deviant behaviors, such as drugs and alcohol. The participants, all of whom were in Grades 8 to 11, were from Quebec, Canada. They completed self-report measures. Female victims had lower self-esteem and more sexist attitudes than other female participants, whereas male perpetrators had more sexist attitudes than other male participants. Furthermore, all victims and perpetrators were more likely to be involved in other types of nonsexual deviance.     

Professionalization and unionization of police: A Delphi forecast on police values

The Delphi Forecasting technique was utilized to assess the general direction and magnitude of broad future trends in the occupationally-related values of police officers. Two panels of experts were established and utilized in the Delphi Process: one composed of veteran police officers and the other consisting of law enforcement educators, top echelon police administrators, attorneys, and social ethicists.Two major trends emerged in the course of the study: a movement toward professionalization and a movement toward unionization. These two movements were found to embody generally conflicting sets of occupationally-related values.The increasing emphasis of police chiefs and their administrators on managerial efficiency was identified as the critical factor influencing the future of these trends.     

Jesus and police brutality

The name, Jesus, evokes different responses from people. Some believe that he was an impostor; others see him as a philosopher; others, a prophet; and, still others, the ‘'Redeemer.’’ But, most would likely agree that Jesus was the most heralded victim of police brutality in Western History.

This paper is an objective treatment of how the ancient Roman police went ‘'out of control'’ on the first Good Friday in their mistreatment of the prisoner, Jesus, and what lessons can be learned to help us cope with today's pandemic problem, police abuse.

This writer herein describes the organization of the criminal justice system in the ancient Roman provinces and the occupational pressures exerted on the individual police officer. This article brings to bear profile information available on the Roman police and suggests how their propensities could manifest themselves in the abuse of prisoners, such as Jesus. Identifying the striking similarities between the self‐image of the ancient Roman police officer and his present day counterpart, the writer offers insights to help understand today's incidents of police brutality and provides lessons for reducing their frequency.

Rather than leave the police officer with a low opinion of his or her profession, the writer identifies several Roman officers who treated Jesus with respect and courtesy and hence can serve as role models in treating the general public.     

论治安行政强制的科学定位

依法治国是基本国策,而依法治国的关键在于依法行政;行政强制又是依法行政之焦点,而治安行政强制因其涉及公民的人身自由则又足行政强制中的重要组成部分,并且所涉范围最广、力度最强、矛盾最尖锐。     

调解与仲裁中的状况性因素

调解与仲裁都是以自愿协商为基础的解纷机制。在调解中当事人自始至终控制整个纠纷解决过程和结果;在仲裁中当事人为纠纷的解决设定了整个程序和实体的规则框架。因此,可以说,调解是当事人直接解决纠纷的解纷方式;仲裁是当事人间接解决纠纷的解纷方式。然而它们都是由状况性因素所左右的解纷机制。     

Assessing police work experiences: Development of the police daily hassles and uplifts scales

The development of two self-report scales that measure police daily hassles and uplifts is reported These scales reflect the positive and negative work experiences common to police officers. Self-report questionnaire data were provided by 330 police officers drawn from a systematic sample of all ranks and work sections within an Australian police department. Results showed that 19 dimensions of police hassles and 12 dimensions of police uplifts could be grouped into two broad domains of organizational and operational experiences. Correlations with job satisfaction and perceived quality of life (PQOL) indicators supported the construct validity of the scales and suggested that organizational hassles and uplifts were more important than operational experiences in determining a police officer's PQOL. When compared to population norms, police officers reported more favorable levels of PQOL. These results raise questions about the assertion that policing is highly stresful, and they demonstrate the need for a more systemic view of police work that takes into account experiences that are beneficial as well as experiences that are harmful to an officer's well-being.     

Ambiguous exchanges and the police

This article analyses exchange relationships involving public police agencies and external institutions. It specifies three general forms of exchange (Coercion, Sale and Gift), then observes that, in practice, the three may not be mutually exclusive. It identifies ambiguities that may exist within exchange relationships, and discusses the implications of these for three important aspects of police performance: efficiency or value for money; equity in the distribution of police services; and the legitimacy of the police organisation. The article concludes that managing ambiguity in exchange relations has become a challenge of 21st century policing, and that police are well advised to have elaborate guidelines in place to govern their exchange relations.     

Gender differences in cognitive and affective responses to sexual coercion

This study examined gender differences in responses to sexual coercive experiences in mixed-sex (male-female) relationships. Participants were 112 women and 28 men who had experienced sexual coercion and completed measures of cognitive (attributions to self, attributions to the coercer, internal attributions) and affective (guilt, shame) self-blame, trauma symptoms, and upset at the time of the incident) with respect to their most serious or upsetting sexually coercive experience. The women were more upset than were the men at the time of the incident. Contrary to predictions, the men and women did not differ in the extent to which they attributed blame to themselves or the strength of their internal attributions, guilt, or shame. Both the men and women attributed more blame to the coercer than to themselves; however, the women attributed more blame to the coercer than did the men. The women reported more trauma symptoms than the men did which was related to the finding that more women than men had experienced sexual coercion involving physical force. These results are discussed in terms of the similarities and differences between men's and women's cognitive and affective responses to sexual coercion.     

Organizational stressors and police performance

This study examines the impact organizational stressors have on police performance. Evidence on police stress is mixed whether or not the nature of police work is inherently stressful. A growing body of research suggests police officers are no more stressed than other groups and police work is not especially stressful. Instead, organizational stressors may be a greater source of stress due to various structural arrangements, policies and practices. This cross-sectional study uses survey data (n = 461) from two large urban police departments in Michigan and New Jersey. Multiple regression predicts lower performance as perceived stressors increase and paired-sample t test reveals organizational stressors are significantly different from operational stressors. The results imply the need for structural changes in police organizations. Future research should examine police performance in smaller and mid-size police agencies as well as suburban and rural agencies and widen the participant pool to include superior officers and civilian personnel.