The Abuse of Police Authority

THE ABUSE OF POLICE AUTHORITY

A National Study of Police Officers’ Attitudes 2

This edition of The Abuse of Police Authority: A National Study of Police Officers Attitudes has been formatted for the Web in PDF format; the pagination differs from the printed version.

The Abuse of Police Authority 3

THE ABUSE OF POLICE AUTHORITY

A National Study of Police Officers’ Attitudes

David Weisburd

Rosann Greenspan Edwin E. Hamilton Kellie A. Bryant

Hubert Williams

Police Foundation 4

The Police Foundation is a private, independent, nonprofit organization dedicated to supporting innovation and improvement in policing. Established in 1970, the foundation has conducted semi- nal research in police behavior, policy, and procedure, and works to transfer to local agencies the best new information about practices for dealing effectively with a range of important police operational and administrative concerns. Motivating all of the foundation’s efforts is the goal of efficient, humane policing that operates within the framework of democratic principles and the highest ideals of the nation. The Police Foundation’s research findings are published as an information service.

The research findings in this publication were supported by Grant Number 97–CK–WX–0047, awarded on behalf of Community Oriented Policing Services, US Department of Justice. Findings, recommendations, and conclusions of the research reported here are those of the authors and do not necessarily reflect the official position or policies of the US Department of Justice.

©2001 by the Police Foundation. All rights, including translation into other languages, reserved under the Universal Copyright Convention, the Berne Convention for the Protection of Literary and Artistic Works, and the International and Pan American Copyright Conventions. Permission to quote is readily granted.

ISBN 1–884614–17–5

Library of Congress Catalog Card Number: 2001–130311

Police Foundation 1201 Connecticut Avenue, NW Washington, DC 20036-2636 (202) 833–1460 E-Mail: [email protected] www.policefoundation.org

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Contents

Foreword ...... 9

Acknowledgments ...... 11

I Introduction ...... 12

II Methodology ...... 15

III Characteristics of the Sample ...... 19

IV Main Survey Results ...... 23

Abuse of Authority and the Use of Force 23

Code of Silence 25

Social Factors 29

Departmental Response 31

Controlling Abuse 32

Community-Oriented Policing 35

Subgroup Analysis 39

Race 39 Rank: Supervisors and Nonsupervisors 42 Region 46 Agency Size 48 Gender 50

V Conclusion ...... 52

Endnotes ...... 56

References ...... 62

Authors ...... 66

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Illustrations Tables 3.1 Officers’ Current Rank ...... 20 3.2 Education Level of Officers ...... 21 3.3 Racial Background of Officers...... 22 3.4 Hispanic vs. Non-Hispanic Officers ...... 22 4.1 Officers’ Attitudes Toward Limitations on Use of Force...... 24 4.2 Officers’ Perceptions of Use of Force Behavior in Their Department ...... 25 4.3 Code of Silence: Attitudes...... 27 4.4 Code of Silence: Perceptions of Behavior ...... 27 4.5 Scenario of an Unruly Suspect ...... 28 4.6 Perceptions of the Effects of Extra-Legal Factors on Police Behavior ...... 29 4.7 Police Perceptions of the Public’s Attitude Toward the Police ...... 30 4.8 Perceptions of Media and Citizens’ Concerns Toward Police Abuse ...... 31 4.9 Departmental Responses to Abuse of Authority ...... 32 4.10 The Role of Supervision in Controlling Abuse ...... 33 4.11 Officers’ Perceptions of the Effects of Training on Abuse of Authority ...... 34 4.12 The Community-Police Partnership ...... 35 4.13 Perceptions of the Effects of Community Policing on Abuse of Authority ...... 36 By Race 4.14 Police officers often treat whites better than they do African Americans and other minorities ...... 40

4.15 Police officers are more likely to use physical force against African Americans and other minorities than against whites in similar situations...... 41

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4.16 Police officers are more likely to use physical force against poor people than against middle-class people in similar situations ...... 41 4.17 Community-oriented policing increases, decreases, or has no impact on the number of incidents of excessive force ...... 41

4.18 Community-oriented policing increases, decreases, or has no impact on the seriousness of excessive force incidents...... 42

4.19 Citizen review boards are effective means for preventing police misconduct...... 43

By Rank: Supervisors and Nonsupervisors 4.20 Good first-line supervisors can help prevent police officers from abusing their authority...... 43

4.21 If a police chief takes a strong position against abuses of authority, he or she can make a big difference in preventing officers from abusing their authority...... 43 4.22 Most police abuse of force could be stopped by developing more effective methods of supervision...... 44

4.23 Whistle blowing is not worth it...... 45

4.24 The code of silence is an essential part of the mutual trust necessary to good policing...... 45 4.25 It is sometimes acceptable to use more force than is legally allowable to control someone who physically assaults an officer...... 45

4.26 Police department rules about the use of force should not be any stricter than required by law...... 46

4.27 Community-oriented policing increases, decreases, or has no impact on the number of excessive force incidents...... 47 4.28 Community-oriented policing increases, decreases, or has no impact on the seriousness of excessive force incidents...... 47

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By Region 4.29 Frequent friendly contact with local residents and merchants increases the likelihood that police officers will accept free lunches, discounts, or gifts of appreciation for effective service...... 47 4.30 It is sometimes acceptable to use more force than is legally allowable to control someone who physically assaults an officer...... 48 4.31 Police officers always report serious criminal violations involving abuse of authority by fellow officers...... 49

By Agency Size

4.32 If a police chief takes a strong position against abuses of authority, he or she can make a big difference in preventing officers from abusing their authority...... 49 4.33 Good first-line supervisors can help prevent officers from abusing their authority...... 49 4.34 Most police abuse of force could be stopped by developing more effective methods of supervision...... 50 4.35 Police administrators concentrate on what police officers do wrong rather than what police officers do right...... 51

Figures 3.1 Officers’ Gender ...... 22

3.2 Officers’ Satisfaction With Career ...... 22

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We expect our police “…to have the wisdom of Solomon, the courage of David, the patience of Job and the leadership of Moses, the kindness of the Good Samaritan, the strategy of Alexander, the faith of Daniel, the diplomacy of Lincoln, the tolerance of the Carpenter of Nazareth, and, finally, an intimate knowledge of every branch of the natural, biological, and social sciences. If he had all these, he might be a good policeman.” —August Vollmer, 1936

Foreword When the police fail to meet our expectations, we react with dismay, anger, and additional demands. Police corruption and abuse of authority have persisted since the beginning of policing, and were exacerbated late in the twentieth cen- tury by America’s drug epidemic. Every year, incidents of police abuse of authority cost local communities tens of millions of dollars in legal damages. Tax dollars are wasted. Careers are destroyed. The public trust is compromised.

Virtually every police department has policies prescribing officer conduct and regulating use of force. No police department or police chief should knowingly condone conduct that runs counter to either department policy or constitutional standards. While there is accountability for acts of corruption and other forms of wrongdoing in most police departments, there is little or no accountability for those who tolerate such an environment. How, for example, were a few officers able to brutalize Abner Louima within sound if not sight of first-line supervisors th and other department officials in New York’s 70 Precinct? Even good people, placed in the wrong situation, will do the wrong thing. Bad supervision, intense peer pressure, and an organizational culture that sends un- clear signals can cause honorable men and women to behave in dishonorable ways. The key moral problem for police departments is the same as it is for corporations, universities, labor unions, and government agencies: how can you create a culture that will induce members to strike the right balance between achieving an organizational goal and observing fundamental principles of de- cency and fairness? Values in police agencies come not just from documents that describe them but also from traditional police culture. Too often, there is a disconnect between policies and practices, a failure of police management to monitor behavior and to respond appropriately. If police leadership does not assume an aggressive role in ensuring that the police culture is one of integrity and accountability, officers will continue to cultivate their own culture in their own way.

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As this study reaffirms, commitment by the chief and command staff to uphold democratic values and eradicate discriminatory practices is key. Police administrators should proactively institute and enforce strong policies governing conduct, as well as systems to collect and analyze data relative to police-citizen contacts such as complaints, use of force incidents, and traffic stops. Such efforts would inform policy, guide recruitment and training, and build accountability necessary to restore and maintain public trust in the police. It is the lack of internal, systemic controls, and not “a few rotten apples,” that perpetuates problems of misconduct and abuse by police. Most of America’s police officers are honest, dedicated, hard-working public servants, and it is they, as well as the public they serve, who are victims of the “bad” cop.

Because of the nature of their responsibilities, the police have the power to intervene and become involved at very basic levels within the lives of American citizens. The nature of the police response—the manner in which officers interact with citizens and the methods by which they enforce the law—have critical implications for our democracy and the quality of life of our citizens. As Jerome Skolnick writes in his thoughtful essay, On Democratic Policing, “Order achieved through democratic policing is concerned not only with the ends of crime control, but also with the means used to achieve those ends.” Are police abuses inevitable in our efforts to control crime? What are police officers’ views on the code of silence, whistle blowing, and the ways in which race or class influence police behavior? What are effective means of preventing abuse of authority by police? This report provides a nationwide portrait of what America’s police officers think about these and other important questions of abuse of police authority. Hubert Williams President Police Foundation

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Acknowledgments As in any large-scale project, we owe a debt of gratitude to many people who helped in developing our work. At the outset, we received much advice, encour- agement, and support, which continued throughout the project, from Dr. David Hayeslip (now at Abt Associates) and Joseph Kuhns from the Office of Commu- nity Oriented Policing Services. We would like to thank Mathematica Policy Research Inc. for setting and meeting the highest standards in survey research, especially project director Rhoda Cohen, senior statistician John Hall, telephone supervisor Deborah Reese, survey associate Phyllis Schulman, and all the telephone interviewers. We also thank Edward Maguire of George Mason University for sharing his police agency database and for assisting in developing the sampling frame, and we thank Colleen Cosgrove and Bill Matthews for assisting in selecting police departments for our focus groups. A number of policing scholars contributed greatly at various stages of the project, from initial design of the sample frame, through development of the survey instrument, and by participation in our focus group of police scholars and executives. Our gratitude goes to Carl Klockars, Peter Manning, Ramiro Martinez, Stephen Mastrofski, Albert Reiss, Jerome Skolnick, Alfred Slocum, and Robert Worden. We appreciate as well the contributions of Commissioner Thomas Frazier, Chief Jerry Oliver, Chief Jerry Sanders, and Director Robert Pugh in our focus group of scholars and executives. We learned a tremendous amount from the generous participation of the un- named officers who took part in our focus groups of rank-and-file officers and supervisors. We thank the officers who participated in the pretest, and especially the 925 officers from across the country who volunteered their cooperation in completing the survey interview. Finally, our thanks go to Fred Wilson, Chris Tutko, Rachel Dadusc, and Michael Clifton, formerly of the Police Foundation, and Kenneth Brunk of the Police Foundation, and especially to Mary Malina, Communications Director of the Police Foundation, who supervised the production of this report.

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INTRODUCTION

American society has long entrusted to Extreme examples of police abuse its police the authority to use force in often spark major public debate. …[P]otential the pursuit of justice, law, and order. Videotapes of Rodney King being abuse and This authority is often glorified in beaten by Los Angeles police offic- actual abuse books, television, and movies, where ers, as well as reports of the torture the police are seen as constantly of Abner Louima by New York City of [police] responding to violent felons with police, capture public attention and authority equally violent reactions. But the real- raise troubling questions about po- remain both ity of police use of force is much less lice abuse of force in a democratic dramatic and the boundaries of legiti- society. Are such events isolated ab- a central mate police use of force are much more errations in American policing, or are problem constrained than defined in popular they extreme examples of a more for police culture. The police indeed have general problem that plagues Ameri- discretion to use violence when it is can police departments? Does the fact agencies and required. However, the potential abuse that such events often involve minori- a central and actual abuse of such authority ties suggest important inequities of public policy remain both a central problem for po- law enforcement against particular ra- lice agencies and a central public policy cial, class, or ethnic groups? What concern. concern. measures can be taken to constrain police abuse, and which are likely to

The Abuse of Police Authority 13 be most effective? Such questions have sought to tighten the bonds between been raised and debated in the media, police and community and to empower by our politicians, and by police schol- both groups to act effectively against ars and administrators. However, the community problems. voices of rank-and-file police officers With the support of the Office of Com- and supervisors have not been heard. munity Oriented Policing Services of the U.S. Department of Justice, the This silence is particularly important, Police Foundation undertook to given the vast changes in organization, conduct a representative national …[V]iews of tactics, and philosophy that have survey that would uncover the attitudes rank-and-file occurred in American policing over the of American police about sensitive past three decades. At the forefront of police have questions of police abuse of authority. those changes has been the transition How do contemporary police view special from the use of traditional military and abuses of police authority? Do police significance professional models of policing to the see them as an inevitable by-product creation of innovative models of in this age of increased efforts to control crime and community policing. While the police disorder? What forms do they take? of community had earlier defined professionalization How common do police believe them policing, which as limiting the role of the community to be? What strategies and tactics do in American policing, today police seek has sought to police view as most effective in to work closely with the public in preventing police abuses of authority? tighten the defining and responding to problems Given the importance of the movement bonds between of crime and disorder. In turn, the mili- toward community-oriented policing, tary model of police supervision that police and we sought to define whether commu- gave little autonomy or authority to nity-oriented policing is seen to encour- community street-level officers has begun to be age or constrain the boundaries of and to replaced by more flexible modes of acceptable use of police authority. Has supervision that allow rank-and-file empower community policing enhanced the officers the freedom to develop con- movement toward police respect for both groups to tacts with the public and to define the rights of citizens, or has it fostered act effectively innovative problem-solving strategies. new police skepticism about the rule The police and the community are seen against of law in a democratic society? as partners in emerging models of com- community munity policing. Rank-and-file police— The following is our report on a tele- problems. as those closest to the public—have, phone survey of a representative in turn, become central actors in the sample of more than 900 police offic- movement toward community-oriented ers who were drawn from an estimated policing. The views of rank-and-file population of 350,000 American mu- 1 police have special significance in this nicipal and county police. Ours is the age of community policing, which has first national study of this type and,

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therefore, has particular significance for from abusing authority. They also understanding the attitudes of Ameri- argue that their own department can police toward abuse of authority takes a “tough stand” on the issue in the age of community policing. The of police abuse. Finally, they argue report examines the questions raised that a department’s chief and first- above using the survey responses of line supervisors can play an impor- police officers, as well as the insights tant role in preventing abuse of …[T]he first gained from focus groups conducted authority. earlier in the study (see Appendices B, national study C, and D). The major findings of the • Police officers believe that the pub- of this study are as follows: lic and the media are too concerned type …has with police abuses of authority. • American police believe that extreme particular cases of police abuse of authority • American police officers support occur infrequently. However, a sub- significance core principles of community polic- stantial minority of officers believe for under- ing; they generally believe that that it is sometimes necessary to use community policing reduces or has standing the more force than is legally allowable. no impact on the potential for attitudes • Despite strong support for norms police abuse. of American recognizing the boundaries of police toward police authority, officers revealed • A majority of African-American police officers believe that police abuse of that it is not unusual for police to ignore improper conduct by their treat whites better than African authority in fellow officers. Americans and other minorities, and the age of that police officers are more likely • American police believe that train- to use physical force against minori- community ing and education programs are ties or the poor. Few white police policing. effective means of preventing police officers, however, share these views.

The Abuse of Police Authority 15 II

METHODOLOGY

Our findings are based on a telephone only one previous national survey—a …[W]e had survey that was conducted by 1985 study of police officers’ attitudes a basic Mathematica Policy Research Inc. of toward issues related to rape—used a Princeton, New Jersey, under the di- randomly selected sample of police requirement rection of the Police Foundation. The officers (LeDoux and Hazelwood, to obtain a survey instrument was developed by 1985). In selecting our sample, we had representative the Police Foundation’s staff after con- a basic requirement to obtain a repre- sulting a wide range of earlier studies sentative sample of police officers na- sample of 4 and after conducting a series of focus tionwide. We designed a two-step pro- police officers groups composed of police scholars, cess. First, we sought the most accurate nationwide. police managers, and rank-and-file listing of police agencies throughout the 2 police. The survey itself took an av- country. Second, after selecting a sample erage of 25 minutes to complete and of participating agencies, we began our was carried out with careful concern task of procuring lists of officers from for protecting the anonymity, privacy, those agencies. 3 and confidentiality of participants. A recent study by Maguire, Snipes, As the sample design was developed, Uchida, and Townsend (1998) concluded background research revealed that al- that the sources generally relied upon though a number of studies have ran- for national-level information about domly sampled police departments, police agencies are inadequate. Maguire

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et al. explained the limitations of and The sampling frame, as thus defined, discrepancies between the FBI Uniform consisted of 5,042 police departments Crime Reports and the 1992 Census of that employ between 91.6 percent and Law Enforcement Agencies that had been 94.1 percent of all full-time sworn compiled by the Bureau of Justice Statis- officers who serve in local police agen- tics with the Census Bureau, as compre- cies in the United States. Applying the hensive lists of all police agencies in the regional classification system used in United States. Their study developed a the FBI Uniform Crime Reports (FBI, The sampling more reliable list of police agencies by 1994), we see that the officers repre- frame… combining the information contained in sented 1,377 departments from the the Uniform Crime Reports, the 1992 Northeast, 1,547 from the South, 1,383 consisted of Census of Law Enforcement Agencies, from the North Central, and 735 from 5 5,042 police and a third list of police departments pro- the West. Maguire (1997) estimates departments vided by the Office of Community Ori- the number of officers in these 5,042 ented Policing Services. This newly departments at about 350,000. that employ created list, with further corrections by We followed a method of multistage, between Maguire, served as the universe of or clustered, sampling, whereby the police departments for the Police 91.6 percent sampling frame was divided into sam- Foundation study. and pling units that were based on depart- 6 94.1 percent The Police Foundation, in consultation ment size. Those units were then dis- with several policing experts and stat- tributed into three strata, or groups, by of all full-time isticians, identified criteria for inclusion size of department and organized by sworn offic- in the sampling frame. The criteria geographic region. One stratum (the ers who serve established were as follows: “certainty” stratum) consisted of the nine largest departments. The second • The police department has primary in local police stratum contained 84 randomly selected responsibility for providing police departments with 25 or more full-time agencies in services to a residential population sworn officers (the “midsize” stratum). the United (thus eliminating special police The third group included 28 randomly forces). States. selected departments with at least 10, • The department has a minimum of but no more than 24, full-time sworn 10 full-time sworn officers. officers (the “small” stratum).

• The department is either a munici- To draw the random samples of offic- pal or county police agency (state ers of all ranks from each of the 121 police and sheriff departments, with departments, and then to contact the their wide range of responsibilities officers selected to be interviewed, the that may or may not include polic- Police Foundation contacted the 121 ing residential populations, were selected departments and requested the excluded from the sampling frame). following information:

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• A roster with the names and ranks participate for a number of reasons (i.e., of all full-time sworn personnel, were not full-time sworn officers, were on suspension, were on long-term dis- • A badge or employee identification ability, etc.). They were, therefore, number for each officer, removed from the sample. Their elimi- • A phone number at the department nation left a final sample size of 1,060. where each officer could be con- Response rates in social science re- tacted, search are often used as the benchmark Of the • An address at the department where for evaluating the representativeness of each officer could be contacted, and, the sample and for determining the 1,060 eligible degree to which one can generalize • If possible, the shift each officer is officers,… from the survey results to the survey assigned to. 925 completed population. A generally accepted rule As each department’s list became avail- of thumb is that response rates of 70 the survey…. able in the form necessary, the random percent or above are viewed as “very This rate [87%] samples were drawn, advance letters good” (see Babbie, 1990; Babbie, 1992; is one of the were sent to the selected officers, and Maxfield and Babbie, 1995). Of the the process of phoning and conduct- 1,060 eligible officers in the sample, highest… ing the surveys was carried out. 925 completed the survey, for a in surveys completion rate of 87.3 percent. This Of the 121 departments contacted, 113 of police, rate is one of the highest achieved in ultimately agreed to participate, for an surveys of police, whether on the na- whether on overall departmental participation rate tional or state level (see, for example, of 93.4 percent. The eight departments the national LeDoux and Hazelwood, 1985; Pate that declined were from all three strata. or state level.… and Fridell, 1993; Martin and Bensinger, Thus, we lost (a) one department (from 1994; McConkey, Huon, and Frank, the nine) in the certainty stratum, for a 1996; and Amendola, Hockman, and participation rate of 89 percent; (b) six Scharf, 1996). Even when we combine from the 84 in the midsize stratum, for the departmental participation rate of a participation rate of 93 percent; and 93.4 percent with the officer comple- (c) one from the 28 in the small stra- tion rate of 87.3 percent, the combined tum, for a participation rate of 96.5 overall response rate of 81.5 percent is percent. The participating departments still well above the accepted standard. cooperated by submitting rosters of all full-time sworn personnel, with rank, In survey research, it is traditional to contact address, and telephone num- report the level of statistical confidence, 7 bers. From those lists, 1,112 officers sometimes referred to as sampling error, were randomly selected. As initial that can be applied to the estimates contacts were made, it was determined reported. For our study, that level of con- that 60 officers were ineligible to fidence was very high for percentages

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relating to the full sample. The 95 per- intervals and significance statistics were cent confidence intervals for responses adjusted according to the sampling 9 in the survey were generally between procedures we used. 8 2 and 4 percent. This figure suggests that we can be very confident that the Because of the stratified and clustered population characteristics associated with sampling procedures used in the study, the survey responses were generally it is necessary to include a correction within plus or minus 2 to 4 percent of when reporting survey responses. This those reported. If we were hypotheti- correction is based on weighting each cally to observe repeated samples like department and police officer accord- that drawn in our study and to calculate ing to the proportion of the actual a confidence interval for each, then only population of American police that 10 about 5 in 100 would fail to include each represents. In practice, weight- the true population percentage (see ing in the survey does not greatly alter Weisburd, 1998). This statistic is some- the majority of estimates that we times defined as the margin of error or report. Nonetheless, the weighted the sampling error of a study. Confidence estimates provide a more accurate intervals for subsamples in the study, picture of the true population of such as women or minorities, were larger. responses than that provided by the In those cases, we generally compare raw estimates. We report only weighted subgroups and report significance lev- percentages in the discussion and els. It should be noted that the standard tables below. errors used for calculations of confidence

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III

CHARACTERISTICS OF THE SAMPLE

The survey represents a broad popula- The length of service of the sworn po- The survey tion of officers and reflects the diverse lice officers in the sample ranged from represents composition of American police. For less than 1 year to 35 years, with about example, 56 percent of the officers sur- 25 percent at 5 years or less. One in five a broad veyed defined themselves as “patrol officers had served from 6 to 10 years, population officers.” Another 16 percent were de- almost one in five had served from 11 to of officers tectives, criminal investigators, and 15 years, and more than one-third had corporals. Sergeants constituted about served 16 years or more. Most officers and reflects 15 percent of the sample, and another had patrol responsibilities (60 percent). the diverse 13 percent held the rank of lieutenant Some 30 percent were involved in other 11 composition or above (see Table 3.1). About 3 of field operations such as gang, juvenile, 10 officers in the sample noted that they robbery, and homicide, including 7 per- of American served as “supervisors.” While more cent who identified themselves as as- police. than 2 of 10 officers were under signed to community policing. More than 30 years old, more than 8 percent were 10 percent did not have field assign- over 50 years old. Officers ranged in ments, but served in administration, com- age from 22 to 66 years old. Regarding munications, technical support, and other marital status, almost three of four (74 jobs. This proportion is similar to that percent) were either married or living reported in the 1993 Law Enforcement with someone as if married.

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Officers’ Current Rank

Number Percentage Rank of Officers of Officers

Patrol Officer 514 55.7

Table 3.1 Table Detective/Criminal Investigator 110 12.0 Corporal 36 4.0 Sergeant 142 15.3 Lieutenant 56 6.1 Captain 17 1.7 Inspector 2 0.2 Major 3 0.3 Deputy Chief 6 0.6 Chief 14 1.5 Other 24 2.4

N = 924

Management and Administrative Statis- growth in professional police educa- This survey tics (LEMAS) survey of agencies with tion, more than half of those who had reinforces 100 or more officers, where 11 percent attended college reported that they had earlier studies of county police and 9 percent of majored in criminology, criminal municipal police did not have field justice, or police science. Some 15 per- that suggest assignments (BJS, 1995). cent of the weighted sample were that American continuing their education in pursuit Many scholars and policy makers have of a degree. policing emphasized the importance of educa- reflects the tion in developing a modern police (see This survey reinforces earlier studies racial and National Advisory Commission on that suggest that American policing Criminal Justice Standards and Goals, reflects the racial and ethnic composi- ethnic 1973; Carter and Sapp, 1990; Worden, tion of the U.S. population (see composition 1990; Travis, 1995). Almost one-third BJS, 1995). In the weighted sample, of the U.S. of the sample had a bachelor’s degree 80.8 percent of the officers were white, or higher (see Table 3.2). Additionally, as compared with 80.3 percent of the population. 52 percent had a two-year degree or population (Bureau of the Census, some college education, and almost 1991), and 10.7 percent were African 15 percent had graduated from high American, as compared with 12 per- school (or had a GED). Only five of cent in the national population (see 12 the officers surveyed had only some Table 3.3). Also, 9.6 percent of the high school education. Reflecting the weighted sample, compared with

The Abuse of Police Authority 21

Education Level of Officers

Number Percentage Highest Level Attained of Officers of Officers

Some High School 5 0.5

High School Graduate/GED 133 14.7 3.2 Table Some College 303 33.1 Associate’s Degree (2 year) 174 18.6 Bachelor’s Degree (4 year) 258 27.6 Some Graduate School 19 2.0 Master’s Degree 29 3.2 Doctoral Degree or Law Degree 3 0.3

N = 924

8.8 percent of the U.S. population, iden- Despite the controversies that surround While the tified themselves as of Hispanic, Latino, American policing, our survey shows that or Spanish origin (see Table 3.4). American police officers are generally racial satisfied with their career choice. Indeed, composition While the racial composition of Ameri- almost all of the officers we surveyed of American can policing may reflect the nation from (94 percent) indicated that they were which it is drawn, American policing satisfied and over half of those said that policing may remains a predominantly male profes- they were “extremely” satisfied with their reflect the sion. Only 8.5 percent of the sample choice of policing as a profession (see nation…, were women (see Figure 3.1). Other Figure 3.2). Only two officers described sources provided similar estimates. themselves as extremely dissatisfied with American According to the National Center for their career choice. Even when asked policing Women and Policing (1998), “Women about their satisfaction with their current remains a currently make up less than 10 percent assignment, more than 90 percent of the of sworn police officers nationwide.” sample indicated that they were predominantly This figure was also consistent with the satisfied, of whom 40 percent were male 1993 LEMAS survey, which reported “extremely” satisfied. Nevertheless, profession. that 8 percent of officers in municipal 46 percent of police officers described police departments and 10 percent of their work as extremely stressful (16 per- officers in county police departments cent) or quite stressful (30 percent). were women (BJS, 1995).

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Racial Background of Officers

Number Percentage Race of Officers of Officers

White 748 80.8

Table 3.3 Table African American 94 10.7 American Indian or Alaskan Native 8 0.8 Asian 8 0.8 Native Hawaiian or Pacific Islander 3 0.3 Other 36 4.3 Mixed Race 24 2.4

N = 921

Hispanic vs. Non-Hispanic Officers

African- White American Other Officers Officers Officers TOTAL

Hispanic 44 (6.2%) 2 (1.8%) 38 (51.6%) 84 (9.6%)

Table 3.4 Table Non-Hispanic 703 (93.8%) 92 (98.2%) 41 (48.4%) 836 (90.4%)

N = 920

Figure 3.1 Figure 3.2 Officers’ Gender Officers’ Satisfaction With Career

Female Dissatisfied 76 (8.5%) 52 (5.6%)

Figures

3.1 & 3.2

Male Satisfied 848 (91.5%) 871 (94.4%)

The Abuse of Police Authority 23 IV

MAIN SURVEY RESULTS

The survey consisted of more than 80 Abuse of Authority …[M]ost police and the Use of Force questions that relate to the problem of officers in the abuse of authority (see Appendix A). The use of force may be a relatively Below, we summarize the main find- rare occurrence in American policing United States ings of the study. First, we examine re- (Worden and Shepard, 1996), but those disapprove sults across the entire sample, focus- incidents that do occur escalate too 13 of the use ing on six central concerns: (a) abuse often to the level of excessive force. of authority and the use of force, (b) In trying to understand why, we asked of excessive the code of silence, (c) social factors, a series of questions that address the force. (d) departmental responses, (e) con- attitudes that police officers have trolling abuse, and (f) community toward the use of force and their policing. We then turn to comparisons perceptions of the behavior of their of subgroup responses according to re- fellow officers. gional variation, size of department, Our survey shows that most police supervisory status, racial variation, and officers in the United States disapprove gender variation. For example, are the of the use of excessive force. Nonethe- perceptions of white officers different less, a substantial minority believe that from those of African Americans or they should be permitted to use more other minorities? Does it matter if the force than the law currently permits, and officer is from the Midwest or the South? they consider it acceptable to sometimes

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Officers’ Attitudes Toward Limitations on Use of Force

It is sometimes acceptable Police to use more Police Police

Table 4.1 Table are not force than department officers permitted is legally rules about should be to use as allowable to the use of allowed to much force control some- force should use physical as is often one who not be any force in necessary physically stricter than response in making assaults an required to verbal arrests. officer. by law. abuse. (N=912) (N = 912) (N = 915) (N = 920)

Percent

Strongly Agree 6.2 3.3 6.7 0.4 Agree 24.9 21.2 58.9 6.6 Disagree 60.5 55.2 32.3 67.6 Strongly Disagree 8.4 20.3 2.1 25.4

…[T]he…majority use more force than permitted by the required by law. More than 65 percent laws that govern them. The officers re- of the sample officers were content that …did not believe vealed this attitude in their responses to police department rules about the use that officers several questions that were presented to of force not be stricter than required ...engage in them. More than 30 percent of the sample by law. Still, almost 35 percent did feel expressed the opinion that “police that departmental rules should be an excessive officers are not permitted to use as much stricter than required by law. And when use of force force as is often necessary in making asked whether police officers should on a regular arrests” (see Table 4.1). Almost 25 per- be allowed to use physical force in cent felt that it is sometimes acceptable response to verbal abuse, a very small basis. to use more force than legally allowable number, only 7 percent, thought that to control a person who physically as- this clear violation of current norms saults an officer. A very substantial mi- should be allowed. nority, more than 4 of 10, told us that Although a substantial minority ex- always following the rules is not com- pressed the view that the police should patible with getting the job done (see be permitted to use more force, the Appendix A, a19). overwhelming majority of the sample Most officers are not interested in hold- did not believe that officers do engage ing themselves to higher standards than in an excessive use of force on a

The Abuse of Police Authority 25

Officers’ Perceptions of Use of Force Behavior in Their Department

Police officers in your Police officers department in [city] use respond to more force than verbal abuse

necessary to with physical 4.2 Table make an arrest. force. (N = 922) (N = 922)

Sometimes, Often, or Always 196 (21.7%) 137 (14.7%) Seldom 581 (62.4%) 497 (53.5%) Never 145 (16.0%) 288 (31.8%)

regular basis. A mere 4 percent thought and only 16 percent reported that they …[O]fficers that police officers regularly used more never did so (see Table 4.2). Although do not believe physical force than was necessary in the large majority of respondents felt making arrests (see Appendix A, a10). that it is inappropriate to respond to ver- in protecting And almost everyone (97 percent) agreed bal abuse with physical force, almost wrongdoers; that serious cases of misconduct, such 15 percent thought that officers in their nevertheless, as the Rodney King case in Los Angeles department engaged in such behavior and the Abner Louima case in New sometimes (or often, or always). they often York, are “extremely rare” in their de- Code of Silence do not turn partments (see Appendix A, a40). Some of the most strongly held and them in. varied responses addressed the trou- Still, they did not give their fellow offic- bling area of whether officers should ers a completely clean report. When tell when they know that misconduct asked about their perceptions of the has occurred. The responses suggest behavior of officers in their own depart- the possibility of a large gap between ments, almost 22 percent of the weighted attitudes and behavior. That is, officers sample suggested that officers in their do not believe in protecting wrong- department sometimes (or often, or doers; nevertheless, they often do not always) use more force than necessary, turn them in.

Police Foundation 26

The survey shows that more than 80 their house because of you.” However, percent of American police do not they admitted that in individual cases, accept that the code of silence is an it is very difficult to betray fellow essential part of the mutual trust nec- officers even when those officers are essary to achieve good policing (see involved in criminal matters. Table 4.3). However, about a quarter In the survey we presented several sce- of the sample told us that whistle blow- narios involving misconduct, and we ing is not worth it, and more than two- asked the officers a series of questions thirds reported that police officers were …[M]ore than about the seriousness of the conduct, likely to be given a “cold shoulder” by 80 percent the consequences that should and fellow officers if they reported incidents would follow that conduct, and of American of misconduct. A majority felt that it whether they or others in the depart- was not unusual for police officers to police do not ment would report such conduct. In turn a “blind eye” to improper conduct accept that the one scenario, “An officer has a hand- by other officers (see Table 4.4). Even cuffed suspect sitting at his desk while code of silence when it came to reporting serious crimi- he fills out the necessary paperwork. nal violations, a surprising 6 in 10 is an essential With no provocation from the officer, report that police officers did not al- part of the the suspect suddenly spits in the face ways report serious criminal violations of the officer. The officer immediately mutual trust involving abuse of authority by fellow pushes the suspect in the face causing officers. necessary to the suspect to fall from the chair onto achieve good During the focus groups, officers re- the floor.” There was wide variation in policing. sisted the notion of a code of silence, perception of the offense’s seriousness, but agreed in the end that the code from 15 percent of the sample consid- stands except in the case of criminal ering it not serious at all to 16 percent violations. For instance, one supervi- considering it very serious (see Table sor suggested, “I don’t think there’s a 4.5). But would respondents report an code of silence at all when we are talk- officer who engaged in this behavior? ing about criminal conduct. And if it Only 3 in 10 stated that they would is, those people are part of a criminal definitely report. Even fewer, only mind.” Another said, “I think that the 11 percent of the sample, thought that wall of silence, as far as criminal things, most officers in their agency would is a thing of the past. I hear a lot of definitely report the offense. cops saying they are not going to lose

The Abuse of Police Authority 27

Code of Silence: Attitudes

An officer who reports another The code of officer’s mis- silence is an conduct is essential part likely to be

of the mutual given the 4.3 Table trust necessary Whistle blowing “cold shoulder” to good policing. is not worth it. by fellow officers. (N = 905) (N = 904) (N = 908)

Percent

Strongly Agree 1.2 3.1 11.0 Agree 15.7 21.8 56.4 Disagree 65.6 63.5 30.9 Strongly Disagree 17.5 11.7 1.8

Code of Silence: Perceptions of Behavior

It is not unusual for a police Police officers officer to turn always report a blind eye serious violations to improper involving abuse

conduct by of authority by 4.4 Table other officers. fellow officers (N = 908) (N = 899)

Percent

Strongly Agree 1.8 2.8 Agree 50.6 36.2 Disagree 43.3 58.5 Strongly Disagree 4.4 2.5

Police Foundation 28

Scenario of an Unruly Suspect: “An officer has a handcuffed suspect at his desk while he fills out the necessary paperwork. With no provocation from the officer, the suspect suddenly spits in the face of the officer. The officer immediately pushes the suspect in the face causing the suspect to fall from the chair onto the floor.”

Table 4.5 Table How serious do you consider the officer’s behavior to be? (N = 914)

Very Serious 135 (15.6%) Quite Serious 188 (20.2%) Moderately Serious 249 (27.3%) Not Very Serious 201 (21.7%) Not Serious at All 141 (15.3%)

Do you think you would report a fellow officer who engaged in this behavior? (N = 914)

Definitely Yes 262 (28.9%) Possibly Yes 207 (22.6%) Probably Not 254 (27.7%) Definitely Not 191 (20.8%)

Do you think most officers in your agency would report a fellow officer who engaged in this behavior? (N = 908)

Definitely Yes 94 (10.8%) Possibly Yes 270 (29.7%) Probably Not 378 (41.3%) Definitely Not 166 (18.3%)

The Abuse of Police Authority 29

Perceptions of the Effects of Extra-Legal Factors on Police Behavior

Police officers are Police A police more likely to officers are officer is Police use physical more likely to more likely officers force against use physical

to arrest a often treat African force against 4.6 Table person who whites better Americans poor people displays what than they and other than against he or she do African minorities middle-class considers Americans than against people in to be a and other whites in sim- similar bad attitude. minorities. ilar situations. situations. (N=917) (N = 914) (N = 916) (N = 918)

Percent

Strongly Agree 2.1 1.2 1.7 1.9 Agree 46.7 15.8 9.4 12.2 Disagree 45.1 57.8 55.6 57.9 Strongly Disagree 6.1 25.2 33.3 27.9

Social Factors and will increase the likelihood of an …[P]olice…are The question of the role of extralegal arrest (Klinger, 1996; Lundman, 1996; almost evenly factors in law enforcement has long Worden and Shepard, 1996). Our sur- been a concern among criminologists. vey shows that police in the U.S. are divided in Although sociologists since the 1950s almost evenly divided in their opinions their opinions (Westley, 1953) have suggested that a of whether a police officer is more likely of whether a citizen’s demeanor affects police be- to arrest a person who displays what he havior, recently some authors have or she considers to be a bad attitude. police officer called into question the importance of Some 49 percent of the sample thought is more likely being “in contempt of cop” and have that a bad attitude could affect the likeli- to arrest a argued for a more precise definition of hood of arrest, while 51 percent dis- the term “demeanor,” one that limits agreed (see Table 4.6). person who its meaning to verbal behavior (Klinger, displays… 1994; Lundman, 1994). However, even Do other extralegal factors, such as a bad attitude. with a more careful definition of terms, whether citizens are African American the consensus seems to have returned or white, or poor or middle class, make to the view that a disrespectful or hos- a difference in the treatment they tile demeanor displayed by a citizen receive from the police? The crimino- will affect the police-citizen encounter logical literature is split on the extent

Police Foundation 30

Police Perceptions of the Public’s Attitude Toward the Police

The relationship between the Most people do police and not respect the citizens in [city] police. is very good.

Table 4.7 Table (N = 924) (N = 923)

Percent

Strongly Agree 5.6 18.7 Agree 19.1 69.4 Disagree 65.2 9.9 Strongly Disagree 10.1 2.1

…Eighty-eight to which race affects everyday polic- What were the police officers’ views percent… ing (Mastrofski, Parks, DeJong, and of how the public perceives the Worden, 1998), the likelihood of being police? More than 75 percent did not described the arrested (Tonry, 1995; Black and Reiss, feel that “most people do not respect relationship 1970; Lundman, Sykes, and Clark, 1978; the police” (see Table 4.7). Put more between the Smith and Visher, 1981; Smith, Visher, positively, more than 75 percent of and Davidson, 1984; Worden, 1996; officers felt that most people respect the police and Lundman, 1996), and the use of exces- police. Indeed, 88 percent of police in the citizens sive force (Adams, 1996; Worden, 1996; our sample described the relationship in their Reiss, 1971; Walker, Spohn, and between the police and the citizens in DeLone, 1996; Ogletree, Prosser, Smith, their locality as very good. However, locality as and Talley, 1995). According to our more than half of our sample thought very good. sample, almost 2 in 10 police officers that the “public is too concerned with in the U.S. believe that whites are police brutality” (see Table 4.8), and treated better than African Americans more than 80 percent of police officers and other minorities (see Table 4.6). told us that the newspapers and TV in More than 1 in 10 said that there is this country are too concerned with more police violence against African police brutality (see Table 4.8). As one 14 Americans than against whites. More- officer in the focus group of police over, 14 percent of the sample believed supervisors noted in regard to the that police use physical force against poor media, “They are absolutely ruthless people more often than against middle- when it comes to police officers.” class people in similar situations.

The Abuse of Police Authority 31

Perceptions of Media and Citizens’ Concern Toward Police Abuse

The newspapers and TV in this The public is too country are too concerned with concerned with police brutality. police brutality.

(N = 918) (N = 920) 4.8 Table

Percent

Strongly Agree 13.4 36.0 Agree 41.6 44.2 Disagree 42.5 19.0 Strongly Disagree 2.5 0.8

Supervisors and rank-and-file officers ior by police (see Table 4.9). And they Supervisors alike complained that they are judged overwhelmingly (94 percent) disagreed on the sensational misdeeds of offic- with the suggestion that investigations and rank- ers from cities far away from their own. of police misconduct are usually biased and file… As one said, “We’re judged on Rodney in favor of the police. complained… King, Fuhrman.” Another officer put it When asked about the effectiveness of they are this way, “And as far as the Detroit deal, different institutional procedures for yeah, we caught heat behind that; L.A., addressing abuses of authority, most judged on the we caught heat behind that; and New people considered internal affairs units sensational York, yeah, we caught heat behind effective (79 percent), while a much misdeeds of that.” Still another presented the mi- smaller percentage (38 percent) con- nority view that the media do treat them sidered citizen review boards an effec- officers from fairly, “Our department has a great deal tive means for preventing police mis- cities far of credibility and respect from the conduct. This preference for internal away from media.” review was consistent with views expressed during the focus groups. One their own. Departmental Response rank-and-file officer argued that law- We polled the officers for their views yers and doctors police themselves so of how their departments handle cases why shouldn’t police, “Who is on the of abuse of authority. Officers in the bar association? Who is on doctors’ as- sample overwhelmingly (93 percent) sociations? Doctors judging doctors; reported that their departments take a doctors policing doctors. We are very tough stance on improper behav- special[ists]; we’ve got training; we deal

Police Foundation 32

Departmental Responses to Abuse of Authority

Your police Investiga- Internal Citizen department tions of affairs units review takes a police are not boards are very tough misconduct effective effective stance on are usually means for means for

Table 4.9 Table improper biased preventing preventing behavior in favor police police by police. of police. misconduct. misconduct. (N = 921) (N = 914) (N = 910) (N = 872)

Percent

Strongly Agree 35.2 0.4 2.4 3.1 Agree 57.4 5.1 19.0 34.7 Disagree 6.6 72.4 66.2 48.4 Strongly Disagree 0.9 22.0 12.4 13.9

Eighty-five with other people just like them. Why authority? American police overwhelm- are we different?” One supervisor sug- ingly told us that leadership makes a percent…said… gested, “Internal affairs works. Civilian difference. Eighty-five percent of the a police chief’s review authority—as soon as you men- officers said that a police chief’s tak- …strong position tion civilian review, the knee-jerk re- ing a strong position against abuses of authority can make a big difference in against abuses action is no way; yadda yadda, they go on and on. If they only knew, civil- preventing officers from abusing their …can make a ian review authority is nothing more authority (see Table 4.10). Policing big difference than a toothless tiger. They’re easier on scholars have long recognized the importance of the chief’s role. Skolnick in preventing cops than the departments are themselves. Bottom line.” Another supervi- and Fyfe (1993, p. 136) for example officers from sor agreed, “I think internal affairs is argue, “[T]he chief is the main abusing their more threatening because we’re police architect of police officers’ street behavior. This is so because the strength authority officers. We’ve all been out there. So we know how to play the game.” and direction of street-level police peer pressures ultimately are determined by Controlling Abuse administrative definitions of good and Can leadership make a difference in bad policing and by the general tone preventing police officers’ abuse of that comes down from the top.”

The Abuse of Police Authority 33

The Role of Supervision in Controlling Abuse

If a police chief takes a strong position against abuses of authority, he or she can Most police

Table 4.10 Table make a big Good first-line abuse of force difference in supervisors could be stopped preventing can help prevent by developing officers from police officers more effective abusing their from abusing methods of authority. their authority. supervision. (N = 920) (N = 921) (N = 913)

Percent

Strongly Agree 24.5 22.9 7.3 Agree 60.3 66.9 48.0 Disagree 13.8 9.3 39.5 Strongly Disagree 1.4 0.9 5.2

Elsewhere, Skolnick and Bayley (1986, pervisors can help prevent police offic- It is the p. 220) suggest that executive leader- ers from abusing their authority (see supervisor ship might be even more important in Table 4.10). As an officer who partici- police departments, with their “tradi- pated in one of the focus groups ex- as “role tional paramilitary character,” than in pressed it, “The supervisor, the first-line model” who other organizations: “Police depart- supervisor, the sergeant, is so critically surfaces as ments are not democratically run orga- important in how he sets the tone, the nizations. Everyone within them is ei- expectations. How he says things and the critical ther aware or attuned to the chief’s supports department programs or doesn’t aspect in preferences, demands, and expecta- support them. If not by what he says, good first-line tions.” Skolnick and Bayley (1986, then by body language and tone of voice. p. 6) argue, “[A]dministrative leadership, How he sells it or doesn’t sell it. That leadership. an animating philosophy of values, can sort of thing, I think, is real.” It is the indeed effect change.” supervisor as “role model” who surfaces as the critical aspect in good first-line As important as the role of the chief may leadership. Following this, 55 percent be in preventing abuse, an even greater of those surveyed thought that develop- majority—90 percent of police in the ing more effective means of super- sample—told us that good first-line su- vision would prevent abuse of force.

Police Foundation 34

Officers’ Perceptions of the Effects of Training on Abuse of Authority

Do you think Do you think interpersonal Do you think ethics in law skills or interper- human diversity enforcement sonal relations or cultural aware- training is training is ness training effective in effective in is effective in

Table 4.11 Table preventing abuse preventing abuse preventing abuse of authority? of authority? of authority? (N = 576) (N = 674) (N = 807)

Yes 472 (82.2%) 544 (80.3%) 603 (74.9%) No 104 (17.8%) 130 (19.7%) 204 (25.1%)

…[O]fficers In the focus group of chiefs of police of supervision was “conducive to who have and policing scholars, concern was ex- corruption.” The opinions expressed by pressed over the changing role of the the officers in our survey—about the dif- received supervisor in community policing. ference that good supervisors can make training in Chief Jerry Sanders of San Diego sug- in controlling abuse of authority—sug- ethics, in gested that by creating “teams” and gest that such concern by police execu- reducing “spans of control all of a sud- tives and academics is well placed. They interpersonal den we find the sergeants are closer to believed that good supervision matters. the team members, the officers, than skills, and in Contrary to the traditional view that they are to the department. They are cultural most important policing lessons are so close to the people on the team that obtained through experience in the sensitivity it creates problems.” field and not in the academy (Bayley report…such… and Bittner, 1984), scholars and police training can Commissioner Thomas Frazier of Bal- professionals have recently emphasized play a role in timore and Chief Jerry Sanders agreed the importance of changing models of that the management dynamics of the police training. This has led to a controlling department had been changed, and a renewal of commitment to training ef- abuses…. lieutenant with 24-hour responsibility forts and to exploring vastly different might not see his or her sergeants for a training curricula (e.g., see Grant and week or two at a time. Professor Carl Grant, 1996; Scrivner, 1994; Goldstein, Klockars suggested that community 1979; Trojanowicz and Bucqueroux, policing officers operate independently, 1994). The good news is that police almost without supervision, and Profes- officers who have received training in sor Alfred Slocum suggested that the lack ethics, in interpersonal skills, and in

The Abuse of Police Authority 35

The Community-Police Partnership

Citizens can be a vital source of Police should work Police should make information about with citizens to frequent informal the problems try and solve contact with in their problems on their people on their neighborhood. beat. beat. (N = 924) (N = 924) (N = 921) 4.12 Table

Percent

Strongly Agree 79.1 65.1 56.4 Agree 20.7 34.3 42.0 Disagree 0.1 0.4 1.2 Strongly Disagree 0.1 0.2 0.3 cultural sensitivity report that such policing idea into policing in the U.S. …[P]olice specialized training can play a role in The survey shows that police today today over- controlling abuses of police authority. overwhelmingly support a philosophy that looks to the public for advice and whelmingly A substantial majority (82 percent) of cooperation. Several statements formed support a those officers in the sample who have a group designed to measure officers’ philosophy received training in law enforcement opinions of the police-community ethics either in the academy or since partnership that is generally considered that looks becoming a police officer told us that a necessary component of community- to the public such training prevents abuse of author- oriented policing. Respondents over- for advice and ity (see Table 4.11). A similar majority whelmingly agreed that working with (80 percent) who have received police citizens was an important and effec- cooperation. training in interpersonal skills or tive means of solving neighborhood interpersonal relations felt that this problems. For example, nearly all training prevents abuse of authority. agreed that “[c]itizens can be a vital And 75 percent of officers who reported source of information about the prob- receiving training in human diversity, lems in their neighborhood,” that cultural differences, cultural awareness, “[p]olice should work with citizens to or ethnic sensitivity said that this try and solve problems on their beat,” training prevents abuse of authority. and that “[p]olice should make frequent informal contact with people on their Community-Oriented beat” (see Table 4.12). Policing The study provides strong evidence of But what of the relationship between the penetration of the community community policing and abuse of au-

Police Foundation 36

Perceptions of the Effects of Community Policing on Abuse of Authority

Do you think Do you think Do you think that community that community that community policing increases, policing increases, policing increases, decreases, or decreases, or decreases, or has no impact has no impact has no impact on the risk on the number on the seriousness

Table 4.13 Table of corrupt of excessive of excessive behavior force incidents? force incidents? (N=883) (N = 885) (N = 884)

Increases 63 (7.1%) 17 (2.0%) 32 (3.4%) Decreases 316 (35.8%) 450 (50.9%) 373 (42.2%) Has no impact 504 (57.1%) 418 (47.1%) 479 (54.4%)

…[A] close thority? Police in our sample generally 7 percent of the officers told us they indicated that a close relationship with thought community policing increases relationship the community does not increase the the risk of corruption. Over a third with the risk of police corruption. We asked this thought it decreases the risk of corrup- community question in two ways. Without referring tion, and another 57 percent thought it to community policing, we asked all of- had no effect (see Table 4.13). does not ficers whether they agreed that “[f]requent Some scholars have suggested that com- increase the friendly contact with local residents and munity policing may decrease the likeli- merchants increases the likelihood that risk of police hood of gross forms of corruption, such police officers will accept free lunches, corruption. as extortion, while increasing the temp- discounts, or gifts of appreciation for ef- tations toward softer forms of corrup- fective service” (see Appendix A, a34). tion, such as the free lunch, the “profes- Although one in five officers agreed with sional” discount, or the gift of apprecia- the statement, almost 80 percent tion for effective service (Weisburd, disagreed. Almost all the officers in the McElroy, and Hardyman, 1988). Others survey were familiar with the concept of suggest that community policing has no community-oriented policing (98 per- discernible impact on corrupt behavior cent). We asked those officers whether (McElroy, Cosgrove, and Sadd, 1990). they thought that community policing increases, decreases, or has no impact In the focus groups, there was consen- on the risk of corrupt behavior. Only sus among the officers that community

The Abuse of Police Authority 37 policing does not lead to corrupt community policing.” behavior, and there was concern among Chief Jerry Sanders of San Diego said, officers that chiefs are inappropriately concerned about this possibility. One I think it’s just much more subtle now supervisor explained why community than it was before. And it’s hard to policing is not a return to the day of the talk in those shades because the of- corrupt beat officer: ficers get invited to dinner at people’s houses because they create friend- But I think we’re in a different day ships. The friendships are created, and age, and I’m not so sure we’re …[C]ommunity which is what we’re trying to do. And going to get community-oriented policing does when is it not? And when is it a gratu- policing to lead us into the corruption ity to go into a friend’s business and not lead that we saw back then, and the rea- get a cup of coffee and when is it not? son why I think [so] is we’ve had things to corrupt I mean, I just think these are like Rodney King and what’s happened behavior, and… really difficult issues for not only the in Chicago and what happened there police officers but for police manage- chiefs are and what’s described as happening in ment. Where do we draw the line? Is many cities. I think there is a different inappropriately it, as O. W. Wilson said, “The first cup emphasis on morality and ethics in law concerned of coffee you take for free is the start enforcement than we saw back 40, 50 of corruption,” or is it we need to be a about this years ago. I don’t think even the pub- little bit more understanding about the lic has a tolerance for the corruption possibility. motives that we’re talking about? that was a fact of daily life in New York 50 years ago. While such concerns are expressed by police scholars and executives, they are In the panel of police scholars and not seen as significant by the vast executives that we convened at the majority of American police. beginning of the study, concern was expressed about the potential for cor- What do officers think is the relation- ruption under community policing. As ship between community policing and Baltimore’s Commissioner Thomas excessive force? Almost no one told us Frazier said, “One of the things that that community policing would increase troubles me about community polic- the amount (2 percent) or seriousness ing is you talk about establishing rela- (3 percent) of excessive force incidents tionships. The longer the relationship (see Table 4.13). A majority said exists, I think the more opportunity for that community policing decreases corruption.” Professor Klockars pointed the incidents of excessive force out the irony of some situations, “So if (51 percent), and 42 percent thought it you run a McDonald’s and you give a would decrease the seriousness of ex- cop a free meal, that’s corruption. cessive force incidents. Many thought it But if you give a whole booth, that’s had no impact on either the amount

Police Foundation 38

of excessive force (47 percent) or the them against the wall and searches seriousness of excessive force incidents them. Finding nothing, the officer uses (54 percent). demeaning language, then tells them that this “will teach you to respect the The community policing partnership law” and “I’d better not see you here can be complicated. Almost all officers again” and gets in his patrol car and (97 percent) told us that “[p]olice offic- drives off. ers sometimes have to explain to individuals and groups of citizens that the In the other version (see p. 63), the “…[P]olice police are prohibited by law from us- other half (482) of the officers officers ing some of the tactics that citizens responded to a set of questions based sometimes encourage them to use” (see Appendix A, on the following scenario: a32). But 21 percent felt that they could In a community meeting, citizens told have to explain use more aggressive tactics than they police that they were very concerned otherwise would if the community had to individuals about groups of rowdy youths hang- asked them to do so (see Appendix A, and groups ing out on street corners. After the a33). Whether they might sometimes meeting, an officer who participated of citizens that cross the line to tactics prohibited by in the meeting notices several youths law remained unanswered. the police are standing on a corner smoking ciga- prohibited We presented the officers with one of rettes and talking to one another. The by law from two versions of a scenario that ad- officer tells the youths to break it up dressed, among other issues, whether and leave the area. The youths say, using some they would feel justified in using more “We’re not doing anything. Why are of the tactics aggressive tactics if asked by the com- you hassling us?” The officer gets out that citizens munity (see p. 61). In one version, a of the car and orders the youths to randomly assigned half (438) of the of- place their hands up against the wall encourage ficers responded to a set of questions of a building. They refuse. The officer them to use.” based on the following scenario: throws them against the wall and searches them. Finding nothing, the While patrolling his beat, an officer officer uses demeaning language, tells notices several youths standing on a them that this “will teach you to re- corner smoking cigarettes and talking spect the law” and “I’d better not see to one another. The officer tells the you here again,” and gets in his youths to break it up and leave the patrol car and drives off. area. The youths say, “We’re not doing anything. Why are you hassling With these scenarios, we could cap- us?” The officer gets out of the car ture whether officers felt justified in and orders the youths to place their taking certain questionable actions hands up against the wall of a build- when they had been asked by the coming. They refuse. The officer throws munity to do so. Interestingly, the

The Abuse of Police Authority 39 answers of the two randomly assigned survey were among police officers of groups of officers were virtually iden- different racial groups. Although we tical to the series of questions that fol- originally grouped the officers in two lowed the scenarios. Most officers told categories (white and non-white) so we us that a verbal or written reprimand could have larger numbers in each cat- would and should follow such an inci- egory, when strong differences accord- dent. A substantial minority thought ing to race emerged, we re-examined the discipline would and should be the data, peeling back the non-white suspension without pay. Slightly more category into two subcategories: blacks …[T]here is a than one in three said they definitely or African Americans, and other minor- racial divide would report a fellow officer who ity officers. In so doing, the significance engaged in this behavior, whereas only of the results increased, indicating that between 1 in 10 believed that most officers in African-American officers hold the most whites and their agency would report such an in- distinctive positions on these issues. African cident. These results suggest that Without meaning to overstate the police officers do not feel justified in generalizability of our findings beyond Americans in using more aggressive tactics if asked American policing, the survey tends to our society by the community to do so. corroborate the view that there is a that is not racial divide between whites and Afri- Subgroup Analysis: can Americans in our society that is not transcended Race, Rank, Region, transcended even by a culture as ap- even by a parently strong as the culture of polic- Agency Size, Gender culture as… Thus far, we have described what the ing. Not that those differences emerged survey suggests about the attitudes of across every item in our survey, but strong as the police generally toward abuse of au- when they did occur, the relationships culture of were strong, and the kinds of ques- thority. But the data can also reveal policing. something about how different sub- tions in which they emerged grouped groups within American policing view together in meaningful configurations. such issues. An analysis of subgroup differences is presented in cross-tabu- Earlier we reported that almost 2 in 10 lations below. In reporting on differ- officers in the weighted sample agreed ences in responses among different that police officers often treat whites subgroups of police officers, we note better than they do African Americans again that our statistics were adjusted and other minorities. When we consid- according to the sampling procedures ered this issue broken down by race, we used. we found that more than half of the Af- rican-American officers felt this way (see 15 Race Table 4.14). By comparison, fewer than By far the most striking differences we one in four among other minorities discovered among subgroups in our agreed with the statement, and fewer

Police Foundation 40

Police officers often treat whites better than they do African Americans and other minorities (by race). (N = 912)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.14 Table White Officers 0.7 11.2 60.5 27.7 African-American Officers 4.6 46.7 39.8 8.9 Other Minority Officers 2.4 21.0 53.8 22.9

2 x = 41.78 df = 6 p < .001

16 African- than one in eight white officers agreed. determined only by race. While only 2 percent of white officers in the American The divergence in views of African sample thought that police officers officers Americans and other officers continues were more likely to use physical did not see and grows when we examine whether force against poor people than they felt that police officers were more against middle-class people in simi- unequal likely to use physical force against Af- lar situations, 54 percent of the Afri- treatment rican Americans and other minorities can-American officers felt that way by police as than against whites in similar situations. (see Table 4.16). Again, other minori- While only 1 in 20 white officers in ties held a position between the determined the sample thought that African Ameri- white and African-American officers, only by race. cans and minorities received this but closer to the perspective of the 18 unfair treatment from police, well over white officers. half of the African-American officers thought unfair treatment was more While the survey suggests that African- likely. Other minorities were more in American officers may not trust their agreement with the white officers (see fellow officers to treat minority and poor 17 Table 4.15). citizens fairly, they did tend to respond more positively to the role of commu- African-American officers did not see nity policing in reducing police abuses unequal treatment by police as of authority. For example, we

The Abuse of Police Authority 41

Police officers are more likely to use physical force against African Americans and other minorities than against whites in similar situations (by race). (N = 914)

Strongly Strongly Agree Agree Disagree Disagree

Table 4.15 Table Percent

White Officers 0.6 4.5 58.0 37.0 African-American Officers 9.4 47.7 42.1 0.9 Other Minority Officers 2.4 10.0 50.7 36.9

2 x = 86.80 df = 6 p < .001

Police officers are more likely to use physical force against poor people than against middle-class people in similar situations (by race). (N = 916)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.16 Table White Officers 0.8 8.0 60.1 31.1 African-American Officers 9.1 45.3 43.6 2.0 Other Minority Officers 4.2 13.0 52.9 30.0

2 x = 85.42 df = 6 p < .001

Community-oriented policing increases, decreases, or has no impact on the number of incidents of excessive force (by race). (N = 883)

Has No Increases Decreases Impact

Percent

Table 4.17 Table White Officers 1.2 49.2 49.6 African-American Officers 6.6 65.4 28.1 Other Minority Officers 3.9 50.1 46.0

2 x = 20.92 df = 4 p < .001

Police Foundation 42

Community-oriented policing increases, decreases, or has no impact on the seriousness of excessive force incidents (by race). (N = 882)

Has No Increases Decreases Impact

Percent

Table 4.18 Table White Officers 3.2 39.0 57.9 African-American Officers 7.2 63.4 29.3 Other Minority Officers 1.0 46.8 52.3

2 x = 27.13 df = 4 p < .001

…[W]e found a statistically significant relation- duct. Almost 7 in 10 African-American ship between race and support for the officers in the sample believed in the found a view that community-oriented policing effectiveness of citizen review, …relationship decreases the number of incidents of compared with one-third of white of- 19 between race excessive force (see Table 4.17). ficers (see Table 4.19). For such rela- Although fewer than half of white tionships, other minority officers once and support officers believed this to be the case, again fell somewhere between African- for the view almost two-thirds of the African-Ameri- American and white police officers. can police officers surveyed agreed that As we continue to discuss relationships with this position. African-American community- among other subgroups in the weighted police officers are also more likely to sample, it will become clear that—while oriented say that community policing decreased other interesting differences occur— the seriousness of incidents of exces- policing no differences were as large as those sive force (see Table 4.18). Among decreases found among these racial groups. African-American police officers, 63 the number of percent expressed this view, as con- incidents of trasted with only 39 percent of white Rank: Supervisors and police officers. Finally, African-Ameri- excessive Nonsupervisors can officers also had more faith in While most officers in the sample— force citizen review boards as an effective those who were supervisors and those means for preventing police miscon- who were not—believed in the impor-

The Abuse of Police Authority 43

Citizen review boards are effective means for preventing police misconduct (by race). (N = 868)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.19 Table White Officers 2.5 30.8 52.2 14.6 African-American Officers 8.4 61.4 22.3 7.9 Other Minority Officers 2.4 38.9 43.6 15.1

2 x = 32.04 df = 6 p < .001

Good first-line supervisors can help prevent police officers from abusing their authority (by rank). (N = 921)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.20 Table Nonsupervisors 16.5 70.2 12.4 0.9 Supervisors 38.5 58.8 1.9 0.8

2 x = 76.12 df = 3 p < .001

If a police chief takes a strong position against abuses of authority, he or she can make a big difference in preventing officers from abusing their authority (by rank). (N = 920)

Strongly Strongly Agree Agree Disagree Disagree

Table 4.21 Table Percent

Nonsupervisors 18.3 62.6 17.4 1.6 Supervisors 39.6 54.6 5.0 0.8

2 x = 71.15 df = 3 p < .001

Police Foundation 44

Most police abuse of force could be stopped by developing more effective methods of supervision (by rank). (N = 913)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.22 Table Nonsupervisors 6.3 43.7 44.7 5.4 Supervisors 9.9 58.5 26.7 4.9

2 x = 33.01 df = 3 p <. 001

…[G]ood tance of supervision to good policing, could be stopped by developing more that belief was particularly strong effective methods of supervision (see first-line 22 among the supervisors themselves. Table 4.22). supervisors Thus, while more than 87 percent of Still in keeping with their role as su- could help nonsupervisors in the survey (primarily pervisors, but less predictable, was a patrol officers) said that good first-line prevent police series of questions that suggested that supervisors could help prevent police supervisors were very serious in their officers from officers from abusing their authority, 97 attitudes about reporting misbehavior percent of supervisors felt that way (see abusing their 20 and that they held police officers to a Table 4.20). Similar relationships are authority. very high standard. Well over 80 per- found in other questions directly related cent of supervisors believed in the to supervision. More than 80 percent of value of blowing the whistle on mis- nonsupervisors and almost 95 percent behavior by fellow officers, com- of supervisors believed that if a police pared with just over 70 percent of 23 chief took a strong position against nonsupervisors (see Table 4.23). abuses of authority, he or she could make Similarly, supervisors were much less a big difference in preventing officers likely to believe in the efficacy of the from abusing their authority (see Table 24 21 code of silence (see Table 4.24), and 4.21). And 50 percent of nonsupervisors supervisors disagreed to a much and 68 percent of supervisors were likely greater extent than non-super- to believe that most police abuse of force visors that it is sometimes accept

The Abuse of Police Authority 45

Whistle blowing is not worth it (by rank). (N = 904)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Nonsupervisors 3.9 24.4 61.4 10.3 4.23 Table Supervisors 1.1 15.6 68.4 15.0

2 x = 24.99 df = 3 p < .001

The code of silence is an essential part of the mutual trust necessary to good policing (by rank). (N = 905)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.24 Table Nonsupervisors 1.5 19.2 64.2 15.1 Supervisors 0.3 7.3 68.8 23.5

2 x = 28.46 df = 3 p < .001

It is sometimes acceptable to use more force than is legally allowable to control someone who physically assaults an officer (by rank). (N = 912)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.25 Table Nonsupervisors 3.9 23.9 54.5 17.7 Supervisors 1.8 14.6 56.8 26.9

2 x = 21.09 df = 3 p < .001

Police Foundation 46

Police department rules about the use of force should not be any stricter than required by law (by rank). (N = 915)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.26 Table Nonsupervisors 7.4 62.8 28.6 1.2 Supervisors 4.9 49.6 41.4 4.1

2 x = 24.90 df = 3 p < .001

…[W]e did able to use more force than is legally one officer explained that in her part allowable to control someone who of the country, it would be considered find a physically assaults an officer (see Table an affront if a community policing 25 consistent 4.25). They were more interested than officer refused to accept an offer of a difference nonsupervisors in having departmen- cup of coffee. Those regional cultural tal rules about the use of force that are differences might explain why officers between the stricter than required by law (see Table from the southern region of the coun- 26 western 4.26). Supervisors in our sample were try were more likely to offer an opin- region of the also more likely to note that commu- ion that frequent friendly contact with nity-oriented policing could decrease local residents and merchants increased country and the number and the seriousness of ex- the likelihood that police officers would 27 others…. cessive force incidents (see Table 4.27 accept free lunches, discounts, or gifts 28 and Table 4.28). of appreciation for effective service (see 29 Table 4.29). Region While regional differences did not show As Professor Carl Klockars stated dur- up as clearly as one might have expected ing the focus group of police scholars for many questions in the survey, and executives at the outset of this we did find a consistent difference study, “There are right answers in dif- between the western region of the coun- ferent places.” During an untranscribed try and others on some specific break in our rank-and-file focus group, indicators. Police officers from the

The Abuse of Police Authority 47

Community-oriented policing increases, decreases, or has no impact on the number of excessive force incidents (by rank). (N = 885)

Has No Increases Decreases Impact TOTAL

Nonsupervisors 14 (2.3%) 285 (45.7%) 323 (52.1%) 622

Table 4.27 Table Supervisors 3 (1.4%) 165 (63.5%) 95 (35.1%) 263

2 x = 22.91 df = 2 p < .001

Community-oriented policing increases, decreases, or has no impact on the seriousness of excessive force incidents (by rank). (N = 884)

Has No Increases Decreases Impact TOTAL

Nonsupervisors 22 (3.3%) 244 (38.6%) 358 (58.1%) 624

Table 4.28 Table Supervisors 10 (3.7%) 129 (50.9%) 121 (45.4%) 260

2 x = 10.96 df = 2 p < .05

Frequent friendly contact with local residents and merchants increases the likelihood that police officers will accept free lunches, discounts, or gifts of appreciation for effective service (by region). (N = 916)

Strongly Strongly Agree Agree Disagree Disagree

Table 4.29 Table Percent

North Central 1.0 18.2 60.4 20.3 Northeast 0.4 14.1 67.8 17.8 South 2.8 25.2 55.4 16.7 West 0.2 15.6 58.1 25.5

2 x = 23.08 df = 9 p < .001

Police Foundation 48

It is sometimes acceptable to use more force than is legally allowable to control someone who physically assaults an officer (by region). (N = 912)

Agree Disagree TOTAL

Table 4.30 Table North Central 40 (20.4%) 149 (79.6%) 189 Northeast 67 (29.4%) 163 (70.7%) 230 South 82 (26.8%) 229 (73.2%) 311 West 32 (17.7%) 150 (82.3%) 182

2 x = 8.76 df = 3 p < .05

Officers West tended to have a more profes- ence behavior. Officers in the largest sional outlook about policing or tended departments more frequently demon- from small to view policing as constrained by the strated what arguably was a more departments law. Officers in the West were less likely cynical or alienated attitude about lead- believed more to agree that it is sometimes accept- ership in policing, although even in able to use more force than is legally those departments it was distinctly a strongly in allowable to control someone who minority viewpoint. The relationships the efficacy physically assaults an officer (see Table described were quite strong. 30 of good 4.30). And they are more likely to state While 94 percent of officers from small that police officers always report seri- supervision departments believed that if a police ous criminal violations involving abuse chief took a strong position against and in the of authority by fellow officers (see 31 abuses of authority, he or she could authority Table 4.31). make a big difference in preventing of the chief officers from abusing their authority, Agency Size only 68.2 percent of officers from the to influence Agency size also appeared relevant to largest departments agreed (see Table 32 behavior. police officers’ concerns about police 4.32). Similarly, while 97 percent of abuse of authority. Officers from small officers from small departments agreed departments believed more strongly in that good first-line supervisors could the efficacy of good supervision and help prevent officers from abusing their in the authority of the chief to influ- authority, only 80 percent of officers

The Abuse of Police Authority 49

Police officers always report serious criminal violations involving abuse of authority by fellow officers (by region). (N = 899)

Agree Disagree TOTAL

North Central 63 (33.5%) 124 (66.5%) 187

Northeast 79 (35.1%) 145 (64.9%) 224 4.31 Table South 121 (40.0%) 189 (60.1%) 310 West 83 (48.6%) 95 (51.4%) 178

2 x = 9.81 df = 3 p < .05

If a police chief takes a strong position against abuses of authority, he or she can make a big difference in preventing officers from abusing their authority (by agency size). (N = 920)

Strongly Strongly Agree Agree Disagree Disagree

Table 4.32 Table Percent

Small Departments 37.6 56.2 6.2 0.0 Medium Departments 24.9 62.7 11.3 1.1 Large Departments 14.0 54.2 28.4 3.4

2 x = 54.37 df = 6 p < .001

Good first-line supervisors can help prevent officers from abusing their authority (by agency size). (N = 921)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.33 Table Small Departments 26.1 70.4 2.7 0.8 Medium Departments 23.8 67.4 8.4 0.5 Large Departments 17.5 62.5 17.5 2.6

2 x = 25.93 df = 6 p < .001

Police Foundation 50

Most police abuse of force could be stopped by developing more effective methods of supervision (by agency size). (N = 913)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.34 Table Small Departments 9.9 61.1 25.2 3.8 Medium Departments 7.2 48.0 40.5 4.4 Large Departments 6.2 39.2 45.1 9.5

2 x = 16.44 df = 6 p < .05

from the largest departments agreed tistically significant results were found, …[O]fficers 33 (see Table 4.33). Following this pat- the sizes of the differences were small, from the largest tern, 71 percent of officers from small and no consistent theory or idea linked departments departments agreed that most police them or suggested that they were believed… abuse of force could be stopped by meaningful. We could argue that this developing more effective methods of police finding suggested that women adapt supervision, compared with 45 percent to the dominant culture of policing or administrators of officers from the largest departments that women who self-select to enter 34 concentrate on (see Table 4.34). Almost 8 in 10 policing are more like men in polic- officers from the largest departments what police ing. However, this conclusion may be believed that police administrators con- premature. As the National Center for officers do centrate on what police officers do Women and Policing (1998) reports, wrong rather wrong rather than what they do right, “Women police perform better than while just over half of the officers from than what they their male counterparts at defusing the small departments agreed (see potentially violent situations and do right. 35 Table 4.35). become involved in excessive use of force incidents less often.” We think it Gender is possible that we did not ask ques- The survey did not reveal meaningful tions in our survey that would reveal differences in the responses of officers specific differences between male and according to gender. While several sta- female police officers in regard to the problem of police abuse of authority.

The Abuse of Police Authority 51

Police administrators concentrate on what police officers do wrong rather than what police officers do right (by agency size). (N = 920)

Strongly Strongly Agree Agree Disagree Disagree

Percent

Table 4.35 Table Small Departments 14.0 38.6 42.7 4.7 Medium Departments 17.4 48.0 31.9 2.7 Large Departments 29.2 49.6 20.6 0.7

2 x = 32.92 df = 6 p < .001

Police Foundation 52 V

CONCLUSION

Police…support Over the past three decades, American licing idea have filtered down to rank- a philosophy policing has gone through vast changes and-file police officers. Police today over- in its organization, tactics, and philoso- whelmingly support a philosophy that that looks to phy. At the forefront of such changes looks to the public for advice and coop- the public for has been the transition from traditional eration in confronting problems of crime advice and military and professional models of and disorder. The survey was unambigu- policing, to innovative models of ous in this regard. Nearly all who were cooperation community policing. Our survey surveyed believed that citizens are vital in confronting focused on the attitudes of American to good policing and that police must problems of police toward abuse of authority in this work with citizens in solving crime prob- age of community policing. It is lems. In turn, contrary to what some have crime and the first truly representative study of feared about community policing, offic- disorder. police attitudes in many years, and thus ers were more likely to state that com- it provides an important set of findings munity policing reduces the potential for for understanding American police and police abuse than increases that poten- for developing public policy. tial. This finding, of course, does not mean that community policing has actu- It is clear from the survey that central ally reduced the level of abuse in components of the community po-

The Abuse of Police Authority 53

American policing, but rather that given a “cold shoulder” by fellow police officers believe this to be the case. officers if they reported incidents of misconduct. Most police officers in the Our portrait of attitudes toward police study reported that it is not unusual abuse is much more ambiguous. On for police officers to turn a “blind eye” the one hand, we have much positive to improper conduct by other officers. evidence regarding the attitudes of American police officers and their views These findings suggest that the culture about their colleagues. Most police we of silence, which has continually surveyed do not agree that it is accept- plagued reform in American policing, …[P]olice able to use more force than is legally continues. But it must be recognized officers necessary, even to control someone that from the perspective of police, the were likely who physically assaults an officer. The concern of the public with problems vast majority identified extreme brands of police abuse is not proportional to to be given a of police abuse such as that reported its incidence. The survey shows that “cold shoulder” in the Rodney King and Abner Louima most American police believe that the by fellow cases as being isolated and very rare public is too concerned with police occurrences. Most police surveyed told abuse. An even larger number believe officers if us that their police departments always that the media have paid too much they reported took a tough stand on the issue of attention to this question. From the incidents of police abuse of citizens. perspective of police, the public and the press have placed too much of their misconduct.… On the other hand, the survey suggests concern on police abuse. At the same that police abuse remains a problem [and] it is not time, the police we studied believed that must be addressed by policy mak- unusual for that the relationship between police ers and police professionals. While and community is a good one, and is police officers the survey suggests that most police one in which the community overall officers in the United States disapprove to turn a has respect for the police. of the use of excessive force, a sub- “blind eye” stantial minority consider it acceptable The survey suggests that race continues to improper to sometimes use more force than per- to be an issue for American police. One mitted by the laws that govern them. in five of those surveyed told us that conduct by They also believe that they should be whites are treated better by police than other officers. permitted to use more force than the African Americans and other minorities. law currently permits. The code of We cannot say whether this result rep- silence also remains a troubling issue resents a change in attitudes either in a for American police. It is still the case more positive or negative direction. that about a quarter of the police we However, we can conclude that a sub- surveyed told us that whistle blowing stantial number of police in the U.S. see is not worth it, and two-thirds reported race as an important factor in understand- that police officers were likely to be ing abuses of police authority.

Police Foundation 54

It is particularly troubling that this per- misbehavior. While those responses did ception was far more prevalent among not tell us whether indeed such pro- African-American police officers than grams are effective, they did tell us that among others. Comparing African- American police themselves view the American officers’ views about police programs as important and useful. abuse with those of white and other Police we surveyed also emphasized minority officers, we found significant the importance of police management and substantial differences. While a in preventing police violence and other small minority of white officers in the Comparing forms of abuse. A large majority of sample believed that police treat white African- police believe that when the chief of citizens better than African-American police takes a strong stand against American or other minority citizens in similar situ- police violence, other police officers ations, a majority of African-American officers’ views will follow his or her lead. Similarly, police officers held this view. Similar about police police officers told us that good first- differences were found between Afri- line supervision is an effective method abuse with can-American and other police for preventing police abuse. These find- officers in their views on the likelihood those of white ings reinforce the long-held view of of using physical force against minori- and other scholars and police professionals that de- ties and the poor. The magnitude of veloping effective methods of supervi- minority such race-based differences suggests a sion and effective supervisors should be large gap between African-American officers, a first priority in efforts to control and police officers and other officers. Such we found prevent abuses of police authority. a deep divide was not predicted at the significant outset of the study. While American police recognized the importance of supervision in prevent- and The survey also provides some surprising abuses, they continued to see a ing and important lessons regarding substantial tension between getting the police job how police think abuses of police done and controlling misbehavior. differences. authority can be controlled. Consistent Almost half of the police surveyed told with the suggestions of certain schol- us that “always following the rules” is ars and police professionals (Grant and not compatible with “getting the job Grant, 1996; Scrivner, 1994), most done.” More than half believed that su- officers believed that training and pervisors focus too much on what they education are effective methods for are doing wrong and not enough on reducing police abuse. A substantial what they are doing right. majority of those who have experienced training in interpersonal skills, Abuse of police authority continues to or have taken courses in ethics or be a major public policy concern. This diversity, said that such education and survey adds the voices of rank-and-file training is effective in preventing police and supervisors to the debate

The Abuse of Police Authority 55 over the nature of the problems that shields those who do abuse their …[P]olice American police face and the potential authority. What can be done to abuses…are a solutions that can be brought. Our prevent such abuses? According to study suggests that most police in the America’s police, education and train- continuing United States understand the impor- ing are effective means of preventing reality…as is tance of limits to police authority, and police abuse. They also recognize the the “code of are sensitive to the dangers of corrup- continuing importance of effective silence” that tion and abuse of force. Nonetheless, supervision, and the central role that police abuses of authority are a police executives play in sending shields those continuing reality in American polic- the message that police abuses of who do ing, as is the “code of silence” that authority cannot be tolerated. abuse their authority.

Police Foundation 56

ENDNOTES

1. Details regarding the sample are We also consulted a number of survey in- provided in Chapter II of this report. The struments that addressed police ethics. sampling frame of the survey as estimated They did not provide specific questions by Maguire (1997) is 351,480 officers. but assisted us in our thinking. The instru- ments included the Royal Barbados Police 2. A number of questions were Force survey by Richard R. Bennett (1994), adapted from two previous Police Foun- the Illinois Police Behavior Survey (Martin dation surveys (Pate and Hamilton, 1992; and Bensinger, 1994), an Australian sur- Wycoff and Oettmeier, 1993). We used sev- vey on police ethics (McConkey, Huon, eral questions from a survey on ethical and Frank, 1996), and a Police Founda- conduct and discipline from Queensland, tion survey of Oregon State Police officers Australia (Criminal Justice Commission, (Amendola, Hockman, and Scharf, 1996). 1995). We adopted the question structure (although not the content) for presenting We conducted three focus groups, which hypothetical scenarios from the survey in- provided a range of viewpoints from rank- strument on police integrity by Carl B. and-file officers to chiefs and academics: Klockars, Sanja Kutnjak-Ivkovic, and Will- The first group combined the knowledge iam E. Harver (no date). Scenarios were and experience of academic experts and provided by Chief Jerry Oliver during the police chiefs (for a full report, see Appen- expert focus group (see Appendix B) and dix B). The second group was composed by Earl Hamilton of the Police Foundation of rank-and-file police officers from depart- staff. Some of the demographic questions ments across the country (see Appendix C were developed with assistance from mem- for a full report, including selection crite- bers of Mathematica Policy Research Inc., ria). The third group consisted of sergeants who also assisted with editing the survey and lieutenants from departments nation- questions. wide (see Appendix D for a full report,

The Abuse of Police Authority 57 including selection criteria). In addition to the confidentiality of selected officers. In the important contributions of the police addition to restricting access to this infor- scholars, chiefs, and officers who partici- mation to key personnel at Mathematica, pated in our focus groups, as well as the the Police Foundation withheld the officers who participated in the pretest, we identity of selected officers from project consulted with a number of police research- personnel. ers as we developed the survey instrument. Professors Carl Klockars, Peter Manning, Interviewing staff members at Mathematica Stephen Mastrofski, Albert Reiss, Jerome signed a confidentiality pledge prior to the Skolnick, and Robert Worden provided surveying period. In signing this pledge, valuable criticism that impelled us to keep interviewers agreed not to divulge any pri- a sharp focus. vate, project-related information to any person not authorized to have access to such 3. Care was taken to protect the con- information. fidentiality and anonymity of all officers participating in the survey, from the de- Serial numbers were assigned to selected sign of the selection process through data officers before creating a machine-process- collection and analysis. Selected depart- ing record and identifiers (i.e., name, ad- ments were requested to provide to the dress, telephone number, etc.). Those num- Police Foundation a list of the names of all bers were not included in the machine their full-time, sworn personnel. From this record nor in the resulting database. Sur- roster, officers were randomly selected for vey data containing identifiers or potential participation. This methodology enabled us identifiers were kept secured and were de- to keep the names of the selected officers stroyed by Mathematica Policy Research confidential from their chief and other de- Inc. within 10 days of sending the data set partmental personnel. (There was some to the Police Foundation. variation in this procedure. In two cases, 4. We sought at the outset to gain an the department generated the random accurate list of all U.S. police officers. How- sample in their own computers in the pres- ever, attempts to acquire names of current ence of Police Foundation researchers. In police officers on a state-by-state basis from two others, departments provided serial state licensing boards, although promising numbers from which we generated the ran- at first, were ultimately frustrated and un- dom samples, and only then were we pro- successful. As a result, we turned to the vided names and contact information. Still, two-step process defined here. every effort was made to protect the privacy of the officers in each situation.) 5. The Northeastern region includes the states of Connecticut, Maine, Massa- All information received by the Police Foun- chusetts, New Hampshire, New Jersey, New dation from the departments, as well as in- York, Pennsylvania, Rhode Island, and terview and survey data, was kept in locked Vermont. The South includes Alabama, file cabinets. Access to such information was Arkansas, Delaware, District of Columbia, limited to key project personnel. Florida, Georgia, Kentucky, Louisiana, Under the terms of a subcontract, all infor- Maryland, Mississippi, North Carolina, Okla- mation furnished by the departments was homa, South Carolina, Tennessee, Texas, made available to Mathematica Policy Re- Virginia, and West Virginia. The North Cen- search Inc. for the selection of officers and tral region includes the states of Illinois, for subsequent interviews. Mathematica Indiana, Iowa, Kansas, Michigan, Minne- Policy Research Inc., in compliance with sota, Missouri, Nebraska, North Dakota, Police Foundation policy, agreed to main- Ohio, South Dakota, and Wisconsin. And tain strict procedures designed to protect the Western region includes Alaska, Ari-

Police Foundation 58

zona, California, Colorado, Hawaii, Idaho, The sample selected from those lists was Montana, Nevada, New Mexico, Oregon, of adequate size to allow completion of Utah, Washington, and Wyoming. 925 to 950 interviews. In certainty departments, the number of officers selected was 6. This method was developed in con- based on the proportion of the total popu- sultation with and conducted by John Hall, lation of officers represented by the de- senior sampling statistician with partment. For noncertainty departments Mathematica Policy Research Inc. with 25 or more officers, we sampled 10 per department. For the departments with The sample was selected using a stratified 10 to 24 officers, we sampled an average of multistage design. The sample initially in- 4.5 (a random half of the sample was allo- cluded 121 police departments that were cated 5 selections, and the other half, 4). selected by using probability proportional to size (PPS) methods. To use PPS selec- 7. As noted in endnote 3, there was tion, each department was assigned a mea- some variation in this procedure. In two sure of size based on an estimate of its cases, the departments generated the ran- number of full-time sworn officers. dom sample from their own computers in the presence of Police Foundation re- Departments that were so large that they searchers. In two others, departments pro- were certain to be sampled using PPS meth- vided serial numbers from which we gen- ods were selected with probability 1.0 and erated the random samples; only then were are called “certainty selections.” we provided names and contact information. Selection was made from a machine-read- able file (the sampling frame) that included 8. When the confidence interval ex- one record for each of the 5,014 eligible ceeds plus or minus 4 percent, we pro- police departments in the study. Each vide the exact interval in the endnotes. record contained department identification, department type, region, and the estimated 9. Because of the multistage sampling number of officers who were employed procedure used in our study, we could not by the department and were eligible for rely on standard estimates of standard er- the survey. The estimated number of offic- rors or statistical significance. Adjusted stan- ers was used as a measure of size in se- dard errors and observed significance lev- lecting the sample. els were estimated using the statistical analysis program Sudaan (see Babubhai, Before selection, the sample frame was Barnwell, and Bieler, 1997), after specify- stratified by size and region. The size cat- ing the specific sampling model used in egories were (a) certainty selections, (b) our study. other departments with 25 or more full- time sworn officers, and (c) other depart- 10. The weighting procedure was de- ments with 10–24 full-time sworn officers. veloped by John Hall of Mathematica Policy The sample included nine certainty selec- Research Inc. The weights for the Police tions: 84 from the middle-size group and Foundation Survey account for differences 28 from the smallest group. in (a) probabilities of selection among officers responding to the survey, (b) The Police Foundation contacted sampled nonresponse at the department level, and departments and, from each cooperating (c) response rates among groups of department, obtained a list of all officers officers. Without the weighting adjust- eligible for the survey. Those lists contained ments, some groups of officers would be identifying information that enabled inter- overrepresented (and others under- viewers to contact sampled officers. represented), leading to potentially biased survey estimates.

The Abuse of Police Authority 59

Weighting took place in seven steps: (a) a cell is the ratio of the sum of IDW for all each sampled department was assigned an departments in the cell to the sum of IDW initial weight equal to the inverse of its for responding departments in the cell, and probability of selection; (b) cells were the final department weight is formed for department-level nonresponse FDW(dept) = IDW(dept) x DNRA(dcell) adjustment; (c) department-level nonresponse weights were computed; (d) each Each officer was then assigned an initial sampled officer was assigned an initial weight (IWO), where weight, which was the product of the officer’s department’s weight and the in- IWO(officer) = FDW(dept) x 1/P(officer|dept) verse of the officer’s probability of selec- where P (officer dept) is the probability of tion within the department; (e) new cells an officer being selected for the sample were formed for officer-level nonresponse within the department. adjustments; (f) officer-level nonresponse weights were computed; and (g) each Officer Nonresponse Adjustment: Compu- officer’s final weight was the product of tation of the officer nonresponse adjust- the initial officer weight and the officer- ment (DNRAO) was similar to that for de- level nonresponse weight. partments, except the cells were defined differently. For adjustments at the individual Initial Department Weights: Initially weight- level, one cell comprised four departments ing departments by the inverse of the prob- selected with certainty within a region. One ability of selection was required because cell included three certainty departments departments were sampled with probabil- in two neighboring regions. One cell com- ity proportional to size. Thus the initial prised a certainty selection and two other department weight (IDW) is large departments within a region. Eight IDW(dept) = 1/P(dept) other cells were defined by the intersection of region and the two major where P (dept) is the department’s prob- noncertainty strata. ability of selection. ONRA (ocell) for a cell is the ratio of the When department-level nonresponse sum of IWO (officer) for all sampled offic- adjustments were made, the initial depart- ers in the cell to the sum of IWO (officer) ment weight allowed each department to for responding officers in the cell, and the represent its appropriate share of the final weight is population. Finalwt(officer) = IWO(officer) x ONRA(ocell). Department Nonresponse Adjustment: One large department (selected with certainty 11. The survey instrument and re- for the sample survey) chose not to responses, including raw frequencies and spond. Because of this, we defined one weighted percentages, are provided in cell for department-level nonresponse to Appendix A. Throughout this report, un- include all sampled departments within less otherwise indicated, percentages pre- those departments having at least 400 full- sented in the text are weighted percent- time sworn officers (FTSW). Other cells ages. were defined by the intersection of region 12. Officers could identify themselves and major stratum (selected with certainty, as belonging to more than one racial cat- noncertainty with more than 24 FTSW and egory. 10–24 FTSW). Departments assigned to the first cell described above were not also as- 13. For example, in their re-examina- signed to other cells. The departmental tion of 5,688 cases in the 1977 Police Ser- nonresponse adjustment, DNRA (dcell), for vices Study data, Worden and Shepard

Police Foundation 60

(1996) found that reasonable force was confidence intervals were ±5.21 percent for used in 37 cases, and improper force was “increases,” ±9.88 percent for “decreases,” used in 23 cases. We note that improper and ±8.31 percent for “no impact.” For force was thus used in 38 percent of en- other minority officers, confidence inter- counters that involved force. Similarly, in vals were ±4.29 percent for “increases,” his re-analysis of 1,565 cases in Albert ±11.37 percent for “decreases,” and ±11.76 Reiss’s 1967 data, Friedrich (1980) found percent for “no impact.” that reasonable force was used in 52 cases, and excessive force was used in 28 cases. 20. For Table 4.20, confidence intervals Excessive force was thus used in 35 per- range from ±5.53 percent to ±5.84 percent cent of encounters that involved force. for supervisors.

14. These issues are revisited later, 21. For Table 4.21, confidence intervals when we take up questions of differences range from ±5.88 percent to ±6.03 percent among subgroups of officers and consider for supervisors. whether police officers of different races have differing views of racial bias by po- 22. For Table 4.22, confidence intervals ± ± lice officers. range from 5.25 percent to 6.50 percent for supervisors 15. We are beginning to examine whether the influence of race might be 23. For Table 4.23, confidence intervals explained by other factors, such as the for supervisors ranged from ±4.98 percent concentration of minority police officers in to ±5.57 percent. specific parts of the country. Our findings suggest that the importance of race is main- 24. For Table 4.24, confidence intervals ± tained even when controlling for other rel- for supervisors ranged from 5.99 percent ± evant demographic characteristics. to 6.66 percent.

16. In Table 4.14, confidence intervals 25. For Table 4.25, confidence intervals ± ranged from ±4.61 percent to ±13.43 per- for supervisors ranged from 5.84 percent ± cent for African Americans, and from ±5.86 to 5.90 percent. percent to ±13.74 percent for other minori- 26. For Table 4.26, confidence intervals ties. We remind the reader that we report for supervisors were ±5.55 percent. confidence intervals only if they are greater ± than 4 percent. 27. For Table 4.27, confidence intervals ± 17. Confidence intervals ranged from for supervisors were 6.08 percent for “de- ± ±5.86 percent to ±10.76 percent for Afri- creases” and 6.35 percent for “no impact.” can Americans and from ±9.8 percent to For nonsupervisors, confidence intervals ± ±11.19 percent for other minorities. were 4.27 percent for “decreases” and ±4.31 percent for “no impact.” 18. Confidence intervals ranged from ±6.02 percent to ±10.94 percent for Afri- 28. For Table 4.28, confidence intervals can Americans and from ±10.49 percent to for supervisors were ±6.25 percent for “de- ±12.23 percent for other minorities. creases” and ±6.35 percent for “no impact.” For nonsupervisors, confidence intervals 19. For the number of incidents of ex- were ±4.29 percent for “no impact.” cessive force (Table 4.17), confidence intervals for white officers were ±4.12 per- 29. For Table 4.29, confidence intervals cent for “decrease” and ±4.19 percent for for the North Central region ranged from “no impact.” For African-American officers, ±4.50 percent to ±6.30 percent. For the

The Abuse of Police Authority 61

Northeast they ranged from ±4.50 percent cent for the largest departments and from to ±5.70 percent. For the South they ranged ±6.00 percent to ±8.00 percent for the small from ±4.30 percent to ±5.70 percent, and departments. for the West they ranged from ±7.90 percent to ±8.00 percent. 33. In Table 4.33, confidence intervals ranged from ±5.50 percent to ±7.50 per- 30. For Table 4.30, confidence intervals cent for the largest departments. for the North Central region were ±5.70 percent. For the Northeast they were ±6.02 35. In Table 4.34, confidence intervals percent. For the South they were ±6.31 ranged from ±4.82 percent to ±7.93 per- percent, and for the West they were ±6.31 cent for the largest departments and from percent. ±5.02 percent to ±11.56 percent for the 31. For Table 4.31, confidence intervals small departments. for the North Central region were ±8.57 35. In Table 4.35, confidence intervals percent. For the Northeast they were ±5.88 ranged from ±7.29 percent to ±8.02 per- percent. For the South they were ±5.57 cent for the largest departments, ±3.39 per- percent, and for the West they were ±7.02 cent to ±4.25 percent for the medium percent. departments, and ±7.56 percent to ±7.80 32. In Table 4.32, confidence intervals percent for the small departments. ranged from ±5.00 percent to ±8.00 per-

Police Foundation 62

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Adams, Kenneth. 1996. “Measuring the Triangle Institute. Prevalence of Police Abuse of Force,” in Police Violence: Under- Bayley, David H., and Egon Bittner. 1984. standing and Controlling Police “Learning the Skills of Policing.” Abuse of Force, ed. William A. Law and Society Review 30(3): Geller and Hans Toch. New 585–606. Haven, CT: Yale University Press. Bennett, Richard R. 1994. Royal Barbados Police Force Survey. (Not pub- Amendola, Karen, Cielle Hockman, and lished.) Peter Scharf. 1996. Assessing Law Enforcement Ethics: Technical Black, Donald, and Albert J. Reiss, Jr. 1970. Report on the Study Conducted “Police Control of Juveniles.” with the Oregon Department of American Sociological Review 35: State Police. Washington, DC: 63–77. Police Foundation. Bureau of the Census. 1991. Census of Babbie, Earl. 1992. The Practice of Social Population and Housing, 1990: Research, 6th ed. Belmont, CA: Summary Tape File 3. Washington, Wadsworth. DC: Bureau of the Census. ———. 1990. Survey Research Methods, Bureau of Justice Statistics (BJS). 1995. Law 2nd ed. Belmont, CA: Wadsworth. Enforcement Management and Administrative Statistics, 1993. Babubhai, Shai V., Beth G. Barnwell, and Washington, DC: U.S. Department Gayle S. Bieler. 1997. Sudaan Re- of Justice, Bureau of Justice lease 7.5: User’s Manual. Research Statistics. Triangle Park, NC: Research

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Carter, David L., and Allen D. Sapp. 1990. LeDoux, John C., and Robert R. Hazelwood. “The Evolution of Higher Educa- 1985. “Police Attitudes and Beliefs tion in Law Enforcement: Prelimi- Toward Rape.” Journal of Police nary Findings From A National Science and Administration 13(3): Study.” Journal of Criminal Justice 211–21. Education 1(1): 59–85. Lundman, Richard J. 1996. “Demeanor and Criminal Justice Commission. 1995. Ethi- Arrest: Additional Evidence from cal Conduct and Discipline in the Previously Unpublished Data.” Queensland Police Service: The Journal of Research in Crime and Views of Recruits, First Year Delinquency 33(3): 306–53. Constables, and Experienced Officers. Brisbane, Australia: ———. 1994. “Demeanor or Crime? The Criminal Justice Commission. Mid-West City Police-Citizen Encounters Study.” Criminology Federal Bureau of Investigation (FBI). 1994. 32(4): 631–56. Crime in the United States: Uniform Crime Reports, 1993. Lundman, Richard, Richard E. Sykes, and Washington, DC: U.S. Government John P. Clark. 1978. “Police Con- Printing Office. trol of Juveniles: A Replication.” Journal of Research in Crime and Friedrich, Robert J. 1980. “Police Use of Delinquency 33: 306–353. Force: Individuals, Situations, and Organizations.” The Annals of the Maguire, Edward R. 1997. “The Police American Academy of Political and Foundation Use of Force Study: Social Science 452 (November): Sampling Frame Design Issues.” 82–97. Memorandum prepared for the Police Foundation, 20 October Grant, J. Douglas, and Joan Grant. 1996. 1997. “Officer Selection and the Preven- tion of Abuse of Force,” in Police Maguire, Edward R., Jeffrey B. Snipes, Violence: Understanding and Craig D. Uchida, and Margaret Controlling Police Abuse of Force, Townsend. 1998. “Counting Cops: ed. William A. Geller and Estimating the Number of Police Hans Toch. New Haven, CT: Yale Depts and Police Officers in the University Press. USA” Policing: An International Journal of Police Strategies and Goldstein, Herman. 1979. “Improving Management. 21(1): 97–120. Policing: A Problem-Oriented Ap- proach.” Crime and Delinquency Martin, Christine, and Peter B. Bensinger. 25(2): 236–58. 1994. Illinois Municipal Officers’ Perceptions of Police Ethics. Chi- Klinger, David A. 1996. “More on Demeanor cago: Illinois Criminal Justice In- and Arrest in Dade County.” formation Authority. Criminology 34(1): 61–82. Mastrofski, Stephen D., Roger B. Parks, ———. 1994. “Demeanor or Crime? Why Christina DeJong, and Robert E. ‘Hostile’ Citizens Are More Likely Worden. “Race and Every-Day Po- to Be Arrested.” Criminology 32(3): licing: A Research Perspective,” 475–93. paper delivered at the Twelfth In- Klockars, Carl B., Sanja Kutnjak-Ivkovic and ternational Congress on Criminol- William E. Harver. (no date). ogy, Seoul, Korea, August 24–28, Police Integrity Survey. 1998: 14.

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Maxfield, Michael G., and Earl Babbie. Scrivner, Ellen M. 1994. The Role of Police 1995. Research Methods for Crimi- Psychology in Controlling Exces- nal Justice and Criminology. sive Force. Washington, DC: US Belmont, CA: Wadsworth. Department of Justice, Office of Justice Programs, National Institute McConkey, Kevin M., Gail F. Huon, and of Justice. Mark G. Frank. 1996. Practical Eth- ics in the Police Service: Ethics and Skolnick, Jerome H., and David H. Bayley. Policing—Study 3. Payneham, 1986. The New Blue Line: Police South Australia: National Police Innovation in Six American Cit- Research Unit. ies. New York: The Free Press. Skolnick, Jerome H. 1999. On Democratic McElroy, Jerome, Colleen A. Cosgrove, and Policing. Ideas in American Polic- Susan Sadd. 1990. CPOP: The Re- ing series. Washington, DC: Police search, An Evaluative Study of the Foundation. New York City Community Patrol Officer Program. New York: The Skolnick, Jerome H., and James J. Fyfe. Vera Institute of Justice. 1993. Above the Law: Police and the Excessive Use of Force. New National Advisory Commission on Crimi- York: The Free Press. nal Justice Standards and Goals. Smith, Douglas A., and Christy A. Visher. 1973. The Police. Washington, DC: 1981. “Street-Level Justice: U.S. Government Printing Office. Situational Determinants of Police National Center for Women and Policing. Arrest Decisions.” Social Problems [electronic bulletin board]; [cited 29(2): 167–77. 13 April 1998]; available from Smith, Douglas A., Christy A. Visher, and Laura (www.feminist.org/police/ A. Davidson. 1984. “Equity and Dis- ncwpAbout.html); INTERNET. cretionary Justice: The Influence of Race on Police Arrest Decisions.” Jour- Ogletree, Charles J. Jr., Mary Prosser, Abbe nal of Criminal Law and Criminol- Smith, and William Talley Jr. 1995. ogy 75(1): 234–49. Beyond the Rodney King Story: An Investigation of Police Misconduct Travis, Jeremy. 1995. “Education in Law in Minority Communities. Boston: Enforcement: Beyond the College Northeastern University Press. Degree.” Criminal Justice of the Americas 8: 1–6. Pate, Antony M., and Edwin E. Hamilton. 1992. The New York City Police Ca- Trojanowicz, Robert, and Bonnie det Corps Technical Report. Wash- Bucqueroux. 1994. Community ington, DC: Police Foundation. Policing: How to Get Started. Cin- cinnati: Anderson Publishing. Pate, Antony M., and Lorie A. Fridell. 1993. Tonry, Michael. 1995. Malign Neglect— Police Use of Force: Official Re- Race, Crime, and Punishment in ports, Citizen Complaints, and Le- America. New York: Oxford gal Consequences. Washington, University Press. p. 71. DC: Police Foundation. Walker, Samuel, Cassia Spohn, and Miriam Reiss, Albert J. Jr. 1971. The Police and DeLone. 1996. The Color of Justice: the Public. New Haven: Yale Race, Ethnicity, and Crime in University Press. America. Belmont, CA: Wadsworth.

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Weisburd, David. 1998. Statistics in Crimi- nal Justice. New York: Wadsworth. Weisburd, David, Jerome McElroy, and Patricia Hardyman. 1988. “Challenges to Supervision in Community Policing: Observations on a Pilot Project.” American Journal of Police, 7(2): 29–50. Westley, William A. 1953. “Violence and the Police.” American Journal of Sociology, 59: 34–41. Worden, Robert E. 1990. “A Badge and a Baccalaureate: Policies, Hypotheses, and Further Evidence.” Justice Quarterly 7(3): 565–92. Worden, Robert E. 1996. “The ‘Causes’ of Police Brutality: Theory and Evidence on Police Use of Force” in Police Violence: Understanding and Controlling Police Abuse of Force. Ed. William A. Geller and Hans Toch. New Haven, CT: Yale University Press. Worden, Robert E., and Robin L. Shepard. 1996. “Demeanor, Crime, and Po- lice Behavior: A Reexamination of the Police Services Study Data.” Criminology 34(1): 83–105. Wycoff, Mary Ann, and Timothy N. Oettmeier. 1993. Evaluating Patrol Officer Performance Under Community Policing: The Houston Experience. Washington, DC: Police Foundation.

Police Foundation 66

AUTHORS

David Weisburd, PhD, is Senior Fellow, foundation research projects, and co-authored and formerly Senior Research Scientist, at several foundation research reports. the Police Foundation. He also is a profes- Kellie A. Bryant, MS, formerly a research sor of criminology at the Hebrew Univer- associate at the Police Foundation, is a sity Law School in Jerusalem, and a Senior Deputy Marshal with the United States Research Fellow in the Department of Marshals Service. Criminology and Criminal Justice at the Uni- versity of Maryland, College Park. Hubert Williams, JD, has been President of the Police Foundation since 1985. In Rosann Greenspan, PhD, formerly research 1962, he joined the Newark, New Jersey, director at the Police Foundation, is Assis- Police Department, was later promoted to tant Director and Visiting Scholar at the Cen- sergeant, then lieutenant, and was granted ter for the Study of Law and Society at the a leave of absence from 1972 to 1974 to University of California at Berkeley, where direct the Newark High Impact Anti-Crime she also teaches in the Legal Studies Pro- Initiative. In 1974, Williams was selected to gram. Dr. Greenspan continues to collabo- head the Newark Police Department, and rate on foundation research projects. served as its director until 1985. During his Edwin E. Hamilton, MA, is Senior Research career with the Newark Police Department, Analyst at the Police Foundation. Since com- Williams’s assignments included undercover ing to the Police Foundation in 1983, Mr. narcotics, patrol, field operations, commu- Hamilton has worked on dozens of nity relations, and the office of the chief.

The Abuse of Police Authority 1

SURVEY INSTRUMENT WITH RESPONSES

Police Foundation 2

SURVEY

Section A: Policing Issues This section of the questionnaire examines a broad range of issues related to police authority and community policing. Respondents indicate a level of agreement with a series of statements. Raw Weighted 1 Frequency Percentage a1 First, are you a full-time sworn officer in the [fill DEPT]? Yes 925 100 No N = 925 a2 The relationship between the police and the citizens in [fill CITY] is very good. Strongly Agree 179 18.7 Agree 634 69.4 Disagree 92 9.9 Strongly Disagree 18 2.1 N = 923 a3 Most people do not respect the police. Strongly Agree 52 5.6 Agree 172 19.1 Disagree 604 65.2 Strongly Disagree 96 10.1 N = 924

Survey 3

Raw Weighted 1 Frequency Percentage a4 Police officers are not permitted to use as much force as is often necessary in making arrests. Strongly Agree 56 6.2 Agree 225 24.9 Disagree 554 60.5 Strongly Disagree 77 8.4 N = 912 a5 Police officers should be allowed to use physical force in response to verbal abuse. Strongly Agree 4 0.4 Agree 60 6.6 Disagree 618 67.6 Strongly Disagree 238 25.4 N = 920 a6 A police officer is more likely to arrest a person who displays what he or she considers to be a bad attitude. Strongly Agree 19 2.1 Agree 434 46.7 Disagree 408 45.1 Strongly Disagree 56 6.1 N = 917 a7 Citizen review boards are effective means for preventing police misconduct. Strongly Agree 28 3.1 Agree 296 34.7 Disagree 423 48.4 Strongly Disagree 125 13.9 N = 872 a8 It is sometimes acceptable to use more force than is legally allowable to control someone who physically assaults an officer. Strongly Agree 30 3.3 Agree 191 21.2 Disagree 506 55.2 Strongly Disagree 185 20.3 N = 912

Police Foundation 4

Raw Weighted 1 Frequency Percentage a9 An officer who makes many arrests will get many citizen complaints. Strongly Agree 104 11.3 Agree 427 46.6 Disagree 355 38.5 Strongly Disagree 33 3.6 N = 919 a10 Police officers regularly use more physical force than is necessary in making arrests. Strongly Agree 7 0.6 Agree 31 3.5 Disagree 596 64.5 Strongly Disagree 290 31.4 N = 924 a11 Whistle blowing is not worth it. Strongly Agree 27 3.1 Agree 196 21.8 Disagree 573 63.5 Strongly Disagree 108 11.7 N = 904 a12 Investigations of police misconduct are usually biased in favor of police. Strongly Agree 4 0.4 Agree 48 5.1 Disagree 664 72.4 Strongly Disagree 198 22.0 N = 914 a13 Preservation of the peace requires that police have the authority to order people to “move along” or “break it up” even though no law is being violated. Strongly Agree 100 10.8 Agree 585 63.4 Disagree 218 24.4 Strongly Disagree 14 1.5 N = 917

Survey 5

Raw Weighted 1 Frequency Percentage a14 Police officers often treat whites better than they do African Americans and other minorities. Strongly Agree 11 1.2 Agree 144 15.8 Disagree 523 57.8 Strongly Disagree 236 25.2 N = 914 a15 Police department rules about the use of force should not be any stricter than required by law. Strongly Agree 61 6.7 Agree 542 58.9 Disagree 293 32.3 Strongly Disagree 19 2.1 N = 915 a16 African Americans and other minorities are much less likely to cooperate with the police than are whites. Strongly Agree 28 2.9 Agree 215 23.8 Disagree 570 63.0 Strongly Disagree 94 10.3 N = 907 a17 An officer who reports another officer’s misconduct is likely to be given the “cold shoulder” by his or her fellow officers. Strongly Agree 99 11.0 Agree 515 56.4 Disagree 277 30.9 Strongly Disagree 17 1.8 N = 908 a18 Internal affairs units are not effective means for preventing police misconduct. Strongly Agree 22 2.4 Agree 172 19.0 Disagree 601 66.2 Strongly Disagree 115 12.4 N = 910

Police Foundation 6

Raw Weighted 1 Frequency Percentage a19 Always following the rules is not compatible with getting the job done. Strongly Agree 35 3.8 Agree 360 39.1 Disagree 453 49.6 Strongly Disagree 71 7.6 N = 919 a20 It is not unusual for a police officer to turn a blind eye to improper conduct by other officers. Strongly Agree 17 1.8 Agree 460 50.6 Disagree 393 43.3 Strongly Disagree 38 4.4 N = 908 a21 Police administrators concentrate on what police officers do wrong rather than what police officers do right. Strongly Agree 171 19.1 Agree 437 47.1 Disagree 287 31.2 Strongly Disagree 25 2.6 N = 920 a22 Your police department takes a very tough stance on improper behavior by police. Strongly Agree 325 35.2 Agree 532 57.4 Disagree 56 6.6 Strongly Disagree 8 0.9 N = 921 a23 The code of silence is an essential part of the mutual trust necessary to good policing. Strongly Agree 11 1.2 Agree 141 15.7 Disagree 595 65.6 Strongly Disagree 158 17.5 N = 905

Survey 7

Raw Weighted 1 Frequency Percentage a24 Police officers always report serious criminal violations involving abuse of authority by fellow officers. Strongly Agree 26 2.8 Agree 320 36.2 Disagree 530 58.5 Strongly Disagree 23 2.5 N = 899 a25 Police officers in [fill CITY] use more force than necessary to make an arrest. Always 2 0.3 Often 6 0.7 Sometimes 188 20.8 Seldom 581 62.4 Never 145 16.0 N = 922 a26 Police officers in your department respond to verbal abuse with physical force. Always 2 0.3 Often 5 0.6 Sometimes 130 13.9 Seldom 497 53.5 Never 288 31.8 N = 922 a27 The public is too concerned with police brutality. Strongly Agree 125 13.4 Agree 381 41.6 Disagree 388 42.5 Strongly Disagree 24 2.5 N = 918 a28 The newspapers and TV in this country are too concerned with police brutality. Strongly Agree 332 36.0 Agree 407 44.2 Disagree 173 19.0 Strongly Disagree 8 0.8 N = 920

Police Foundation 8

Raw Weighted 1 Frequency Percentage a29 Police should make frequent informal contact with people on their beat. Strongly Agree 527 56.4 Agree 380 42.0 Disagree 11 1.2 Strongly Disagree 3 0.3 N = 921 a30 Police should work with citizens to try and solve problems on their beat. Strongly Agree 603 65.1 Agree 315 34.3 Disagree 4 0.4 Strongly Disagree 2 0.2 N = 924 a31 Citizens can be a vital source of information about the problems in their neighborhood. Strongly Agree 733 79.1 Agree 189 20.7 Disagree 1 0.1 Strongly Disagree 1 0.1 N = 924 a32 Police officers sometimes have to explain to individuals and groups of citizens that the police are prohibited by law from using some of the tactics that citizens encourage them to use. Strongly Agree 302 33.0 Agree 584 63.9 Disagree 27 3.0 Strongly Disagree 1 0.1 N = 914 a33 It is okay for police officers to use more aggressive tactics than they otherwise would use if the community has asked them to do so. Strongly Agree 15 1.7 Agree 183 19.7 Disagree 586 64.2 Strongly Disagree 135 14.4 N = 919

Survey 9

Raw Weighted 1 Frequency Percentage a34 Frequent friendly contact with local residents and merchants increases the likelihood that police officers will accept free lunches, discounts, or gifts of appreciation for effective service. Strongly Agree 13 1.4 Agree 178 18.8 Disagree 547 60.4 Strongly Disagree 178 19.4 N = 916 a35 Police officers are more likely to use physical force against blacks and other minorities than against whites in similar situations. Strongly Agree 15 1.7 Agree 85 9.4 Disagree 506 55.6 Strongly Disagree 310 33.3 N = 916 a36 Police officers are more likely to use physical force against poor people than against middle-class people in similar situations. Strongly Agree 18 1.9 Agree 110 12.2 Disagree 526 57.9 Strongly Disagree 264 27.9 N = 918 a37 Most police abuse of force could be stopped by developing more effective methods of supervision. Strongly Agree 66 7.3 Agree 440 48.0 Disagree 361 39.5 Strongly Disagree 46 5.2 N = 913 a38 Good first-line supervisors can help prevent police officers from abusing their authority. Strongly Agree 212 22.9 Agree 614 66.9 Disagree 88 9.3 Strongly Disagree 7 0.9 N = 921

Police Foundation 10

Raw Weighted 1 Frequency Percentage a39 If a police chief takes a strong position against abuses of authority, he or she can make a big difference in preventing officers from abusing their authority. Strongly Agree 225 24.5 Agree 557 60.3 Disagree 126 13.8 Strongly Disagree 12 1.4 N = 920 a40 Serious cases of police misconduct like the Rodney King case in Los Angeles or the Abner Louima allegation in New York are extremely rare in your department. Strongly Agree 602 64.7 Agree 290 32.4 Disagree 20 2.3 Strongly Disagree 5 0.6 N = 917

Survey 11

Section B: Police Response to Citizen Behavior In this section, we present two scenarios for the respondent’s reaction. A series of questions follows each scenario. Again, we are seeking the respondent’s opinions. Answers to these questions do not imply that the respondent has either participated in or is aware of any such incidents in his/her department.

Note: There are two versions of the first scenario. The computer randomly selected which version was presented. Approximately half of the respondents were read Version A and the other half were read Version B. We did not provide further information about the scenario. The respondents used only the information we read.

First Scenario, Version A While patrolling his beat, an officer notices several youths standing on a corner smoking cigarettes and talking to one another. The officer tells the youths to break it up and leave the area. The youths say, “We’re not doing anything. Why are you hassling us?”. The officer gets out of the car and orders the youths to place their hands up against the wall of a building. They refuse. The officer throws them against the wall and searches them. Finding nothing, the officer uses demeaning language, tells them that this “will teach you to respect the law” and “I’d better not see you here again,” and gets in his patrol car and drives off.

Police Foundation 12

Raw Weighted 1 Frequency Percentage b1-a How serious do you consider the officer’s behavior to be? Not Serious at All 8 1.8 Not Very Serious 35 7.9 Moderately Serious 110 24.8 Quite Serious 157 35.2 Very Serious 128 30.3 N = 438 b1-b How serious would most officers in your agency consider this behavior to be? Not Serious at All 23 5.5 Not Very Serious 71 15.8 Moderately Serious 160 36.9 Quite Serious 126 28.9 Very Serious 54 12.8 N = 434 b1-c If an officer in your agency engaged in this behavior and was reported, what, if any, discipline do you think would follow? No Discipline 13 3.1 Verbal Reprimand 151 34.3 Written Reprimand 150 34.2 Suspension Without Pay 73 16.6 Demotion in Rank 3 0.7 Dismissal 3 0.6 Something Else 45 10.5 N = 438 b1-d If an officer in your agency engaged in this behavior and was reported, what, if any, discipline do you think should follow? No Discipline 13 3.1 Verbal Reprimand 116 26.7 Written Reprimand 143 32.7 Suspension Without Pay 93 21.0 Demotion in Rank 1 0.2 Dismissal 3 0.7 Something Else 66 15.7 N = 435

Survey 13

Raw Weighted 1 Frequency Percentage b1-e Do you think you would report a fellow officer who engaged in this behavior? Definitely Not 36 8.5 Probably Not 124 28.2 Possibly Yes 126 28.8 Definitely Yes 148 34.6 N = 434 b1-f Do you think most officers in your agency would report a fellow officer who engaged in this behavior? Definitely Not 36 8.4 Probably Not 199 44.8 Possibly Yes 157 36.7 Definitely Yes 43 10.1 N = 435

First Scenario, Version B In a community meeting, citizens told police that they were very concerned about groups of rowdy youths hanging out on street corners. After the meeting, an officer who participated in the meeting notices several youths standing on a corner smoking cigarettes and talking to one another. The officer tells the youths to break it up and leave the area. The youths say, “We’re not doing anything. Why are you hassling us?”. The officer gets out of the car and orders the youths to place their hands up against the wall of a building. They refuse. The officer throws them against the wall, and searches them. Finding nothing, the officer uses demeaning language, tells them that this “will teach you to respect the law” and “I’d better not see you here again,” and gets in his patrol car and drives off. Raw Weighted 1 Frequency Percentage b2-a How serious do you consider the officer’s behavior to be? Not Serious at All 8 1.7 Not Very Serious 44 8.8 Moderately Serious 114 24.2 Quite Serious 176 35.6 Very Serious 140 29.8 N = 482

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Raw Weighted 1 Frequency Percentage b2-b How serious would most officers in your agency consider this behavior to be? Not Serious at All 18 3.8 Not Very Serious 83 17.1 Moderately Serious 152 32.0 Quite Serious 150 32.3 Very Serious 70 14.8 N =473 b2-c If an officer in your agency engaged in this behavior and was reported, what, if any, discipline do you think would follow? No Discipline 10 2.0 Verbal Reprimand 170 35.6 Written Reprimand 158 34.0 Suspension Without Pay 89 18.1 Demotion in Rank 5 1.1 Dismissal 5 1.0 Something Else 40 8.2 N = 477 b2-d If an officer in your agency engaged in this behavior and was reported, what, if any, discipline do you think should follow? No Discipline 7 1.6 Verbal Reprimand 139 28.7 Written Reprimand 151 32.5 Suspension Without Pay 101 20.7 Demotion in Rank 3 0.6 Dismissal 9 1.7 Something Else 69 14.1 N = 479 b2-e Do you think you would report a fellow officer who engaged in this behavior? Definitely Not 37 7.9 Probably Not 150 30.5 Possibly Yes 129 27.0 Definitely Yes 162 34.7 N = 478

Survey 15

Raw Weighted 1 Frequency Percentage b2-f Do you think most officers in your agency would report a fellow officer who engaged in this behavior? Definitely Not 31 6.9 Probably Not 233 48.6 Possibly Yes 158 33.9 Definitely Yes 51 10.6 N = 473

Second Scenario An officer has a handcuffed suspect sitting at his desk while he fills out the necessary paperwork. With no provocation from the officer, the suspect suddenly spits in the face of the officer. The officer immediately pushes the suspect in the face, causing the suspect to fall from the chair onto the floor. Raw Weighted 1 Frequency Percentage b3-a How serious do you consider the officer’s behavior to be? Not Serious at All 141 15.3 Not Very Serious 201 21.7 Moderately Serious 249 27.3 Quite Serious 188 20.2 Very Serious 135 15.6 N = 914 b3-b How serious would most officers in your agency consider this behavior to be? Not Serious at All 197 21.5 Not Very Serious 231 25.4 Moderately Serious 266 29.3 Quite Serious 145 16.0 Very Serious 68 7.9 N = 907 b3-c If an officer in your agency engaged in this behavior and was reported, what, if any, discipline do you think would follow? No Discipline 130 13.9 Verbal Reprimand 216 24.2 Written Reprimand 273 30.2 Suspension Without Pay 209 22.7 Demotion in Rank 4 0.5 Dismissal 11 1.2 Something Else 68 7.2 N = 911

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Raw Weighted 1 Frequency Percentage b3-d If an officer in your agency engaged in this behavior and was reported, what, if any, discipline do you think should follow? No Discipline 184 20.2 Verbal Reprimand 214 23.6 Written Reprimand 240 26.8 Suspension Without Pay 179 19.2 Demotion in Rank 3 0.4 Dismissal 8 0.9 Something Else 82 9.0 N = 910 b3-e Do you think you would report a fellow officer who engaged in this behavior? Definitely Not 191 20.8 Probably Not 254 27.7 Possibly Yes 207 22.6 Definitely Yes 262 28.9 N = 914 b3-f Do you think most officers in your agency would report a fellow officer who engaged in this behavior? Definitely Not 166 18.3 Probably Not 378 41.3 Possibly Yes 270 29.7 Definitely Yes 94 10.8 N = 908

Survey 17

Section C: The Impact of Community-Oriented Policing In this section, we examine the officer’s familiarity with and experience with community policing. Raw Weighted 1 Frequency Percentage c1 Are you familiar with the concept of community- oriented policing? Yes 909 98.4 No 14 1.6 N = 923 c2 Is your department involved in community-oriented policing? Yes 858 94.8 No 49 5.2 N = 907 c3 Does your department have a separate community policing unit or units, or is community policing implemented department-wide? Community Policing Unit 367 43.5 Community Policing Department-Wide 483 56.5 N = 850

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Raw Weighted 1 Frequency Percentage c4 In your current assignment, are you involved in community- oriented policing? Yes 471 54.6 No 386 45.4 N = 857 c5 In previous assignments, have you been involved in community- oriented policing? Yes 471 56.8 No 364 43.2 N = 835 c6 Do you think that community policing increases, decreases, or has no impact on the number of incidents of excessive force? Increases 17 2.0 Decreases 450 50.9 Has No Impact 418 47.1 N = 885 c7 Do you think that community policing increases, decreases, or has no impact on the seriousness of excessive force incidents? Increases 32 3.4 Decreases 373 42.2 Has No Impact 479 54.4 N = 884 c8 Do you think that community policing increases, decreases, or has no impact on the risk of corrupt behavior? Increases the Risk 63 7.1 Decreases the Risk 316 35.8 Has No Impact 504 57.1 N = 883 c9 Community policing requires police officers to wear too many hats. Strongly Agree 42 4.4 Agree 241 26.5 Disagree 542 60.6 Strongly Disagree 76 8.4 N = 901 c10 It is more difficult to supervise officers in community policing than in other types of units. Strongly Agree 21 2.3 Agree 190 20.5 Disagree 592 67.3 Strongly Disagree 89 9.9 N = 892

Survey 19

Section D: Police Officer Information In this section, we determine characteristics of the respondent to enable us to describe the officers included in the study. This information will help us categorize the respondents. Raw Weighted 1 Frequency Percentage d1 How long have you been a sworn police officer? 5 Years or Less 235 25.7 6–10 Years 182 20.0 11–15 Years 169 18.3 16–20 Years 154 16.8 21–38 Years 184 19.2 N = 924 d2 What is your current rank? Patrol Officer 514 55.7 Detective Criminal Investigator 110 12.0 Corporal 36 4.0 Sergeant 142 15.3 Lieutenant 56 6.1 Captain 17 1.7 Inspector 2 0.2 Major 3 0.3 Deputy Chief 6 0.6 Chief 14 1.5 Other 24 2.4 N = 924

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Raw Weighted 1 Frequency Percentage d3 How long have you held that rank? 5 Years or Less 236 58.3 6–10 Years 106 25.3 11 or More Years 68 16.5 N = 410 d4 Are you a supervisor? Yes 140 34.4 No 270 65.6 N = 410 d4a How many officers do you supervise? 1–6 86 32.3 7–10 48 17.6 11–20 79 29.8 21–350 55 20.2 N = 268 d5 How many years have you been with your current department as a sworn police officer? 5 Years or Less 288 31.4 6–10 Years 184 20.2 11–15 Years 156 16.9 16–35 Years 296 31.5 N = 924 d6 What is your current assignment? Patrol 534 59.9 Community Policing 60 7.4 Narcotics 8 1.0 Juvenile 8 1.1 Gang 34 4.0 Swat 9 1.2 Vice 7 0.9 Other Special Operations 106 12.1 Internal Affairs 5 0.6 Communications 2 0.3 Technical Support 12 1.5 Administration 68 7.7 Other Non-Field Assignment 11 1.6 Other Field Assignment 8 0.9 N = 872

Survey 21

Raw Weighted 1 Frequency Percentage d7 How long have you had your current assignment? 5 Years or Less 662 72.5 6–10 Years 158 16.8 11–21 Years 103 10.7 N = 923 d8 Do you work with a partner? Yes 241 27.4 No 683 72.6 N = 924 d8a How long have you worked with your partner? 1 Year or Less 148 62.9 2–5 Years 62 26.2 6–10 Years 16 7.0 11–21 Years 9 3.9 N = 235 d9 Which of the following best reflects your normal working hours? Day Shifts 355 38.5 Afternoon and Evening Shifts 164 18.1 Night Shifts 199 21.2 Something Else 206 22.3 N = 924 d9a If something else, would it be . . . Flexible Hours 37 18.7 Specific Rotating Shifts 161 77.4 Some Other Arrangement 8 3.8 N = 206 d10 How many hours per week do you usually work in your job as a police officer, including regular overtime hours? 40 Hours or Less 307 33.5 41–45 Hours 258 28.0 46–49 Hours 227 24.3 50–80 Hours 131 14.2 N = 923

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Raw Weighted 1 Frequency Percentage d11 Do you work an off-duty job? Yes 267 28.6 No 657 71.4 N = 924 d11-a How many hours per week do you usually work while off duty? 1–10 Hours 143 55.3 12–20 Hours 90 34.3 24–48 Hours 90 10.4 N = 262 d12 What is the highest level of school that you’ve completed? Some High School 5 0.5 High School Graduate/GED 133 14.7 Some College 303 33.1 Associate’s (2-Year) Degree 174 18.6 Bachelor’s (4-Year) Degree 258 27.6 Some Graduate or Professional School 19 2.0 Master’s Degree 29 3.2 Doctoral Degree, Law Degree, Ed.D. 3 0.3 N = 924

2 d13 What was your major in college? Agriculture 1 0.1 Biology/Life Sciences 11 1.4 Business 96 12.4 Communications 18 2.3 Computer Science 10 1.3 Criminology/Criminal Justice/Police Science 409 52.8 Forensics 1 0.1 Education 31 4.0 Engineering 11 1.4 Language/Literature 2 0.3 Health Sciences 14 1.8 Law/Prelaw/Legal Studies 20 2.6 Mathematics 6 0.8 Philosophy/Religion 4 0.5 Physical Sciences 7 0.9 Psychology 28 3.6 Social Work 3 0.4 Social Science/History 20 2.6 Visual Arts, Theater, Music 8 1.0 Public Policy 9 1.2 Other Science 8 1.0 Other Liberal Arts 28 3.6 Other 59 7.6 N = 775

Survey 23

Raw Weighted 1 Frequency Percentage

3 d14 What was your major in graduate school? Business 4 7.8 Criminology/Criminal Justice/Police Science 14 27.5 Education 5 9.8 Health Sciences 1 2.0 Law/Legal Studies 3 5.9 Psychology 3 5.9 Social Work 2 3.9 Social Science/History 1 2.0 Public Policy 15 29.4 Other Science 2 3.9 Other Liberal Arts 1 2.0 Other 3 5.9 N = 51 d15 What level of education did you complete before becoming a police officer? Some High School 8 1.0 High School Graduate/GED 164 20.6 Some College 261 33.8 Associate’s (2-Year) Degree 135 17.1 Bachelor’s (4-Year) Degree 205 25.9 Some Graduate or Professional School 3 0.4 Master’s Degree 10 1.2 Doctoral Degree, Law Degree, Ed.D. 0 0.0 N = 786 d16 Are you currently taking any college or graduate courses in pursuit of a degree? Yes 140 15.4 No 784 84.6 N = 924

d17 In your academy training or since becoming a police officer, have you taken any classes in interpersonal skills or interpersonal relations? Yes 682 73.8 No 237 26.2 N = 919

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Raw Weighted 1 Frequency Percentage

d17a Do you think this training is effective in preventing abuse of authority? Yes 544 80.3 No 130 19.7 N = 674

d18 In your academy training or since becoming a police officer, have you taken any classes in human diversity, cultural differences, cultural awareness, or ethnic sensitivity? Yes 812 88.0 No 111 12.0 N = 923

d18a Do you think this training is effective in preventing abuse of authority? Yes 603 74.9 No 204 25.1 N = 807

d19 In your academy training or since becoming a police officer, have you taken any separate courses in ethics in law enforcement? Yes 579 63.2 No 338 36.8 N = 917

d19a Do you think this training is effective in preventing abuse of authority? Yes 472 82.2 No 104 17.8 N = 576

d20 Considering all aspects of the job, are you satisfied or dissatisfied with your current assignment? Satisfied 845 91.5 Dissatisfied 78 8.5 N = 923

Survey 25

Raw Weighted 1 Frequency Percentage d20a Would you say you are extremely satisfied, mostly satisfied, or somewhat satisfied? Extremely Satisfied 333 39.6 Mostly Satisfied 395 46.4 Somewhat Satisfied 115 14.0 N = 843 d20b Would you say you are extremely dissatisfied, mostly dissatisfied, or somewhat dissatisfied? Extremely Dissatisfied 18 23.3 Mostly Dissatisfied 24 30.5 Somewhat Dissatisfied 36 46.2 N = 78 d21 Looking at your overall work as a police officer, are you satisfied or dissatisfied with your career choice? Satisfied 871 94.4 Dissatisfied 52 5.6 N = 923 d21a Would you say you are extremely satisfied, mostly satisfied, or somewhat satisfied? Extremely Satisfied 468 54.3 Mostly Satisfied 342 38.6 Somewhat Satisfied 61 7.0 N = 871 d21b Would you say you are extremely dissatisfied, mostly dissatisfied, or somewhat dissatisfied? Extremely Dissatisfied 2 4.1 Mostly Dissatisfied 22 41.4 Somewhat Dissatisfied 28 54.5 N = 52

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Raw Weighted 1 Frequency Percentage d22 How stressful do you consider your work to be? Would you say extremely stressful, quite stressful, somewhat stressful, not very stressful, or not at all stressful? Extremely Stressful 145 15.5 Quite Stressful 274 29.6 Somewhat Stressful 392 42.5 Not Very Stressful 93 10.4 Not at All Stressful 18 2.0 N = 924 d23 How old are you? 22–25 Years 54 5.6 26–30 Years 151 16.6 31–35 Years 220 24.2 36–40 Years 176 19.2 41–45 Years 136 15.1 46–50 Years 103 10.6 51–55 Years 55 5.9 56–66 Years 27 2.8 N = 922 d24 Are you of Hispanic, Latino, or Spanish origin? Yes 84 9.6 No 838 90.4 N = 922 d25 What is your racial background? Are you … White 748 80.8 Black or African American 94 10.7 American Indian or Alaskan Native 8 0.8 Asian 8 0.8 Native Hawaiian or Pacific Islander 3 0.3 Other 36 4.3 Mixed Race 24 2.4 N = 921

Survey 27

Raw Weighted 1 Frequency Percentage d26 Including yourself, how many people usually live in your household? Please include children and infants and people not related to you. 1 118 12.5 2 238 25.6 3 221 24.9 4 216 23.5 5 or More 127 13.5 N = 920 d27 How many children do you have who are under 18 that are dependent on you? 1 212 23.6 2 202 21.8 3 or More 109 11.6 None 397 42.9 N = 920 d28 How many children or other dependents do you support who are 18 or older? 1 146 15.8 2 31 3.3 3 or More 13 1.3 None 730 79.7 N = 920 d29 Are you now … Married 647 69.6 Living With Someone as Married 35 4.0 Widowed 3 0.4 Divorced 87 9.7 Separated 23 2.5 Never Been Married 127 14.0 N = 922

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Raw Weighted 1 Frequency Percentage d30 Code Without Asking: Respondent Is … Male 848 91.5 Female 76 8.5 N = 924

Thank you for your time. You have made an important contribution toward our understanding of police views of authority and community policing.

1. For a detailed explanation of the weighting procedure, see endnote 10 on page 193. 2. Multiple responses were allowed for this question; therefore, while the N of respondents was 775, the total number of responses was 804. Because of the multiple responses, percentages do not add up to 100 percent, and no weighted percentages are available. 3. Multiple responses were allowed for this question; therefore, while the N of respondents was 51, the total number of responses was 54. Because of the multiple responses, percentages do not add up to 100 percent, and no weighted percentages are available.

Survey 1

APPENDIX B

REPORT ON FOCUS GROUP OF POLICE SCHOLARS AND EXECUTIVES

OCTOBER 15, 1997

Rosann Greenspan David Weisburd

Kellie A. Bryant

Police Foundation 2

Contents Introduction ...... 3

Defining Issues of Police Authority: The Boundaries of the Proper Use of Authority ...... 4

Abuse of Authority and Community Policing...... 8

The Use of Civil Law to Address Crime Problems: The Local Context of Community Policing 9 The Changing Role of Supervisors Under Community Policing 11 The Impact of Community Demands and Expectations 13 The Closer Community–Police Relationship and the Potential for Corruption 15

Societal Factors That Affect Abuse of Authority ...... 20

Incivility and Cultural Differences as Influences on Abuse of Authority 20 The Effect of Race on Police–Citizen Interactions 22 High-Crime Areas and Officer Perceptions and Behavior 23 The Effect of Neighborhood Income Levels on Interactions with Police 23

Possible Solutions: Promoting “Good Policing” ...... 26

Cultivating “Good Policing” Skills 27 Standards of “Good Policing” 27 Methods of Rewards and Recognition 28

Conclusion ...... 30

Police Scholars and Executives 3 B

POLICE SCHOLARS AND EXECUTIVES

1 Introduction On October 15, 1997, a group of eminent In identifying participants, the principal scholars and police chiefs gathered in the investigators drew on their knowledge of …[The] group conference room of the Police Foundation the field and consulted several scholars and in Washington, D.C., for a full day of dis- police executives to provide lists of lead- was asked to cussion exploring management, legal, and ing academic and police executive experts identify… ethical questions relating to police abuse on issues of police authority, community causes of authority. This expert focus group was policing, race, and the law. Scholars in at- asked to identify key issues, to explore tendance were Professor Carl Klockars underlying possible causes underlying police abuse of from the University of Delaware, Profes- police abuse,… authority and police brutality, to suggest sor Peter Manning from Michigan State Uni- potential actions that police departments versity, Professor Ramiro Martinez from the to suggest could take to prevent abuses, and to con- University of Delaware, Professor Stephen potential sider the potential effects that the commu- Mastrofski from Michigan State University, nity policing movement has had on such Professor Jerome Skolnick from New York actions,… issues. For example, does community po- University Law School, Professor Alfred and to licing increase the risks of police abuses Slocum from Rutgers University School of consider the… of authority or decrease them? Does it Law, and Professor Robert Worden from change the nature of such abuses or not the State University of New York at Albany. effects [of] affect them at all? The panel was also asked Police executives included Commis- community to provide ideas to assist in the develop- sioner Thomas Frazier of Baltimore, Mary- ment of a questionnaire for use in our na- land; Chief Jerry Oliver of Richmond, policing. tional survey of police officers. Virginia; Director Bob Pugh of Atlantic City,

Police Foundation 4

New Jersey; and Chief Jerry Sanders of San inform the public about how difficult an Diego, California. Hubert Williams, presi- issue this is. I think most of the public don’t dent of the Police Foundation, greeted the really understand what the lines are with guests and participated in the discussions. respect to police use of force, and that Dr. Rosann Greenspan presided. police are authorized to use force. The question is, when?” Skolnick suggested that Defining Issues of Police one way to structure thinking about the Authority: The Boundaries of the boundaries of police authority would be, on the one hand, “the use of force in ap- “…[M]ost Proper Use of Authority prehending somebody who is considered The first set of issues concerned the defi- of the public to have committed a crime” and, on the nition of abuse of authority. What are the other hand, the use of force after some- don’t really boundaries of proper use of authority? Are body has been apprehended. He pointed our ideas about the meaning and bound- understand out that “this [difference] is really what dis- aries of police authority changing? What tinguished in a way the Rodney King case what the forms of abuse concern the participants? and the Abner Louima case.” lines are with How extensive is the problem? Is abuse an inevitable by-product of increased efforts Skolnick pointed out that “it is true that respect to control crime and disorder? police are authorized to, and sometimes have to, use force in order to apprehend a to police use As participants debated the boundaries of suspect, and sometimes police are autho- of force, police authority, they considered whether rized to and have to use deadly force.” He the meaning of abuse of authority should and that then offered a provocative suggestion: be limited to matters related to the use of police are force. Some argued that corruption and Then I suggest to you that we cross a authorized unprofessional conduct more generally line. And the line is now you have a were important concerns that should fall suspect who is in custody and who is to use force. within the definition. Police chiefs identi- under control, is immobilized….I want The question fied a wide range of unethical behavior by to suggest to you that there is never a police officers—from language to corrup- is, when?” reason to use force there. [There] might tion to brutality—as matters of concern to be [a] question as to whether working police executives. How to formulate a defi- police officers can really understand nition of abuse of authority was discussed that line. not only in terms of which specific acts should be included, but also in terms of Professor Klockars argued that “the blan- the sources for the standards and criteria ket statement that no force is justifiable at that should define the scope of proper use that point is probably a little strong,” and of police authority. Commissioner Frazier suggested that first, “[t]hey have to be compliant. Then, of Professor Skolnick led off the discussion course, there is no justification.” by suggesting that because the media focus attention on incidents of “police bru- Chief Oliver recalled a difficult situation in tality,” it may be appropriate to focus our his department that involved the use of attention on police brutality. He raised the force when a suspect was in custody and hope that this project could serve “to handcuffed:

Police Scholars and Executives 5

I can think of a situation that I’ve dealt and was the force…used…necessary or un- with where someone was in custody necessary?” He recalled that a turning point and immobilized. Force was used as a for him in the Rodney King trial was when reaction on that person….[I]t was cer- it was stated that officers had been trained tainly looked at from a disciplinary in the legal limits of the use of force: standpoint….[A]n officer was talking to …in the Rodney King trial, the one clip an individual who was under arrest in that I’ll never forget was the federal handcuffs sitting next to him, and the prosecutor being asked, “What do you person cleared his throat and spit in tell Los Angeles police officers about the officer’s face. And then the officer’s “…[J]ust the use of force?” And he said, “You reaction was to immediately push that can use whatever force is necessary and because you person away, and that’s a situation not one iota more.” That, I think, was where force was used. It was video- use force the key. I mean, just because you use taped. We looked at that. If you just doesn’t force doesn’t necessarily mean there is took that clip of the videotape of a per- anything wrong. But the line is more necessarily son turning and pushing somebody than is necessary to accomplish a legal that’s already handcuffed, [it could ap- mean there end. pear as though that officer used unnec- is anything essary force or abused (his) authority]. Professor Mastrofski suggested that a number of ways exist to approach the issue of wrong. But the Professor Skolnick pointed out that in the defining abuse of authority. One way Abner Louima case—even before the al- line is more would be to use a legal definition: “We leged events at the precinct headquarters— than is can, as a definition, just say that abuse of “There were four officers who were being authority by definition will be only legal. necessary to accused of taking this guy [who is under That is, whatever the law sets forth—what- arrest] out of the police car, beating him accomplish ever case law and statutory law set forth— up, and putting him back in the police car we can say that constitutes abuse of a legal end.” …beating him up to beat him up, to teach authority.” him some lesson.” He suggested the discussion implied that it may be valuable to But he went on to suggest, “There is this ask officers in our survey, “What are the other issue of bad policing or ineffective occasions under which it might be pos- or not the best policing. And does that sible to use force after somebody has been constitute abuse of authority?” arrested? And if somebody spits in your Mr. Williams responded to Mastrofski’s face, what can you do? If somebody in- question, “[P]olicy I would think is…one sults you, what can you do?” of the critical issues that has to be exam- Commissioner Frazier raised the interest- ined and not just the law.” ing question, “Do you have an obligation Professor Manning added yet another to submit to illegal arrest…?” He suggested consideration: that “the definition needs to be written, and has to do with were you legally arrested [W]e know from public opinion polls and were you under obligation to submit that there are enormous differences by race and ethnicity around what is

Police Foundation 6

legitimate use of force. So clearly from motivated by an attempt to get that guy the point of view of the attitudes of the off the street. It’s another thing to be public or public legitimacy of the po- motivated by an attempt to pay back lice, it’s very important to look at what somebody who spit in your face.…It’s is defined as appropriate by the public also not clear…that the most serious as well as legal or state statutes. forms of abuse involve the use of force. It seems to me that fraudulent testi- Professor Mastrofski summarized the dis- mony, which results in somebody be- cussion as follows: “That really raises three ing put in jail unjustly. I mean, if I have possible standards—legal, professional, and …[T]he public a choice of getting punched in the nose …legitimacy of a larger society.” is less or sent to jail for a year or so wrongly, Returning to Commissioner Frazier’s point I’d take a punch in the nose any day. concerned about the importance of the citizen’s com- Professor Manning suggested that the pub- about issues pliance in determining the appropriate use lic is less concerned about issues such as of force, Professor Manning pointed out such as corruption because such issues are less that the process is interactive, and that the visible than instances of excessive force: corruption police do not act alone: Now the reason that [Professor because such [I]f we take some of the Weberian defi- Klockars’s] points about procedure, nition of authority—that is when the issues are deception, and corruption perhaps are compliance and deference to com- less public concerns is that they are less visible mand—and we recognize that the po- often done without people knowing or lice have the capacity to coerce that than instances [being] aware of those things going on. compliance up to [and] including fatal of excessive Perjury in cases, corruption, implicit force, that makes the process interac- lying to each other, and manipulation force. tive to some degree.…I think it’s im- of records and the rest [are] less likely portant to recognize that authority is to become public. So the focus is often an issue of negotiated acceptance of on those more public cases of command, and [it] can raise quite a coercion.…The public concern is…[on] span. those issues of excessive use of force Professor Klockars argued for a more ex- that…become known.…Media events, pansive definition of abuse of authority and in the sense, are [not] created by the for the inclusion of the officer’s motive as media, but the media amplified an aspect of the definition: them.…The videos and the visibility of these things through television…[are] We have, in the discussions so far, fo- now become international. cused on only one very special type of abuse of authority, namely abuse of Professor Slocum raised—in order to reject— force.…[T]here [is] a whole range of the provocative suggestion, which he attrib- abuses of authority, and the motives are uted to Professor Randall Kennedy, that often extraordinarily different. It’s one “there ought to be a sliding scale when it thing to be motivated by gain or comes to legitimacy.…[S]ince the black corruption; it’s another thing to be community is the biggest victim of all

Police Scholars and Executives 7 crime,…they need greater protection when This could be anything from picking it comes to ‘equal protection,’ and, there- up the money from the crap game when fore, aggressive law enforcement is required.” everybody runs, to young officers who start at $25,000 a year and see a drug Mr. Williams agreed that the implications dealer on the corner with $2,500 in [his] were “a little bit scary.” Professor Slocum pocket.…They count it out and $2,100 offered a preference for “a constitutional ends up going back in the pocket. You standard.” The issue of local standards and foot chase [criminals who] used to pitch legitimate authority is integral to the dis- their gun; now they pitch their money cussion of police authority and commu- because that ends the foot chase. …[T]he nity policing. (See pages 89–91, 93–95, 107–108, inter alia.) I don’t see systemic corruption. I don’t perception Abuse of authority can encompass a wide see an officer taking a thousand dol- …that police range of activities (or inactivities) from lack lars a week, two hundred for him, two brutality is of professionalism to corruption to brutal- hundred for the sergeant, two hundred ity. The police chiefs discussed which forms for the lieutenant, two hundred for the rampant in of abuse they were particularly concerned captain, two hundred for the district many police about in their departments. They identi- commander, but we see individual cases departments fied three types of misconduct: excessive of theft. force, theft, and inappropriate language. can be And usually, I’d say more times than In the context of community policing, they not, it involves more than one officer. attributed to were particularly concerned with the restructuring of authority that might be leav- the media ing officers with insufficient supervision The chiefs also expressed concern about coverage of and inviting certain forms of corruption, unprofessional behavior in the form of in- such as accepting gifts, discounts, and so appropriate language. Chief Sanders and isolated forth. They agreed that incidents involving Commissioner Frazier both indicated that incidents. unnecessary use of force do occur in all discourteous and inappropriate language departments and that such situations are of directed at community residents is a seri- serious concern when they do arise. How- ous problem for police departments. It not ever, they also agreed that such incidents only hurts the police department’s image but are not widespread problems and do not also can hamper community policing efforts occur on a regular basis. In the view of the in neighborhoods. Commissioner Frazier police executives, the perception by the revealed an incident that disturbed him: public that police brutality is rampant in [T]he other thing that disturbs me is lan- many police departments can be attributed guage. [When] I gave my community to the media coverage of isolated incidents. policing speech, I had a woman basi- Commissioner Frazier expressed concern cally tell me, “I’m not going to help about incidents of theft by officers in you.” Long story short, she said there his department, but argued that he was see- was some kind of disturbance outside ing “isolated instances,” not “systemic her front door. She opened the door to corruption”: see what was going on.

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[The] officer said, “Lady, get your ass type of police misconduct. The media’s back up inside that house.” intensive coverage of incidents of police brutality, coupled with the fact that most She said, “That was uncalled for; I will other forms of misconduct are not public not help you if that is the way your knowledge, results in the assumption that officers treat me.” brutality is the most prevalent form of That disturbs me because we’re trying abuse of authority. This misperception di- to develop trust and partnership and rects the focus of public concern to bru- relationships that will assist us in com- tality and away from corruption and un- Three munity organization development.…In professional conduct, which may be more standards… that community-policing model, we talk prevalent in modern policing than brutal- about retaking the city neighborhood ity. The police chiefs confirmed this posi- were identified by neighborhood, if we can; block by tion, indicating that although brutality does as measures for block, if we can’t; house by house, if occur, incidents are infrequent. The behav- we have to. I mean, it’s just not going ior that could be construed as abuse of inappropriate to work if we cannot develop the kind authority by police officers and that was of use of authority: of trust. greatest concern to the chiefs was theft and unprofessional and discourteous conduct. court rulings A wide range of issues was discussed in The rise of community policing emphasizes attempting to define abuse of authority. and state law…, the development of partnerships among Participants pointed out that in determin- police and communities and their citizens. departmental ing the boundaries for the proper use of Misconduct by officers, especially discour- authority, one must examine the relevant policies…, teous and disrespectful behavior, erodes the and…society’s standards by which an officer’s behavior is foundation of trust that departments must judged. Most preferred not to limit the dis- build on to create successful partnerships, concept of cussion to the use of force, but rather to and it alienates the community. acceptable and include any type of misconduct, whether criminal or unprofessional. Three standards unacceptable or levels of authority were identified as Abuse of Authority and conduct…. measures for inappropriate use of author- Community Policing ity: court rulings and state law (legal), de- Central to the community-policing ap- partmental policies (professional), and the proach is the development of partnerships larger society’s concept of acceptable and between the community and police to unacceptable conduct (societal). In addi- formulate and implement effective crime- tion, the participants identified the need to prevention strategies. These strategies take into consideration the level of com- often require officers to use problem- pliance or noncompliance demonstrated by solving skills and to rely on a range of an individual being taken into custody by resources and agencies in addressing the police, recognizing that abuse of force community problems. is an interactive concept. The impact of this philosophy on abuse of Participants suggested that the boundaries authority by police was a central topic of of abuse of authority are not limited to acts debate and a discussion by the participants of police brutality but rather include any throughout the meeting. Although most

Police Scholars and Executives 9 agreed that community policing enhances ity of police beyond the boundaries of crime control and crime prevention, they previously appropriate behavior. He raised also agreed that this style of policing may the provocative suggestion that lead to increased opportunities for, and thus One of the kinds of abuse of authority incidents of, abuse of authority, especially that’s growing is a collection of all kinds given the significantly changed role of the of civil penalties and…collusions by city supervisor under community-oriented agencies to use civil law, to, say, evict policing. people from public housing: In discussing police abuse of authority and Abuse of authority that ranges into the …[G]rowth in the effects of community policing, partici- mobilization of a political unit against pants enumerated several factors that in- the use of civil minority populations on the grounds fluence an officer’s use of authority. These of it’s drugs or on the grounds of it’s law to address factors may be categorized into two main public order, or on the grounds of it’s themes: internal influences and external crime problems other points. influences. has expanded …But authority that comes through the Internal influences include the effects of the authority widening of the net to use…and [that] departmental policies on officer behavior. coordinates a variety of other means to of police.… These effects include the use of civil rem- coerce and minimize the opportunities edies in crime control and the changing for appeal, I think, is very serious.… role of supervisors under community- policing models. If you view mobilizing the housing External influences include those factors bureau…you use civil law. There’s tax that are the result of the police–commu- law, [and you] use RICO statutes. Then nity relationship. Factors included in this you’re beginning to organize the po- category are community demands and ex- litical [part of the state] in a very dif- pectations on the behavior of officers, plus ferent way than focusing the police to the effect that the close police–community aggressively, proactively intervene relationship has on opportunity for abuses [with] the sweeps or stops or even ar- of authority, particularly corruption. rests. I think that’s a different level of abuse. And the remedies are very, very rare. The Use of Civil Law to Address Indeed, they’re available only in civil Crime Problems: The Local Context law if you can hire a lawyer, and it’s of Community Policing really simply not done. It just happens. Picking up on Professor Slocum’s point You’re out. It’s done. about the differential use of aggressive law- enforcement techniques in poorer commu- Professor Mastrofski agreed with Profes- nities, Professor Manning introduced an sor Manning, noting that the civil law mo- interesting discussion about the “local con- bilization he describes “is very much on text of enforcement” and whether the the agenda of community policing, growth in the use of civil law to address problem solving. Herman Goldstein de- crime problems has expanded the author- voted a good part of his book to saying

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police should explore these very things.” significant remedy in the situation. And Mastrofski went on to suggest that these all of these involve community mem- methods raise a question of invasion of bers; they involve attorneys; they in- privacy as a new form of abuse of author- volve judges. I mean, these aren’t things ity: “There is another domain too, which is that are done behind closed doors and the invasion of privacy, which…often some secret thing. These are done at doesn’t involve coercion, but can involve community meetings, these are done abuse of authority.” Professor Mastrofski with the presiding judge, they’re done took the point further, questioning whether with a defense attorney, or they’re done “We use the this entire set of community-policing strat- with the city attorney that looks at these civil side…on egies is good policing or whether it involves things “a mobilization of bias”: some difficult And they’re much more difficult…than What do you do with a situation problems pursuing criminals. But we’re looking where—and this is quite common in for a different outcome on it. And I simply because my experience—police officers suspect would suggest that the same discretion the criminal someone of dealing drugs, maybe in an officer uses in making an arrest is public housing or something like that. used in this type of situation. side doesn’t They can’t develop sufficient criminal In fact, I think [it’s] scrutinized even provide evidence to invoke the criminal law. But there’s a whole different standard more because it’s something that isn’t significant when it comes to public housing that an immediate thing. It’s a planned thing remedy…. they can mobilize because of who they where you have to go through so many are, public housing people, quite se- hoops to get it done. Where an arrest And all of lectively. And whether or not this is out in the field is something that you these involve good policing or legal—I suspect it’s see your probable cause, you use your discretion, you make the arrest right community legal; but whether it’s good policing or whether it involves a mobilization of there, and then it’s reviewed after the members; bias similar to the kind that [Professor fact. they involve Slocum] was talking about. Professor Skolnick offered that he did not attorneys; After these challenges to the legitimacy of agree that having a “very local vision central strategies of community policing, of…what’s authority” is abusive. Chief they involve it was not long before Chief Sanders rose Sanders noted that the procedures are open judges.” to the defense: and participatory:

I don’t think that’s any different than These are done working with the issues of discretion…on the criminal people who are going to be affected side and the civil side. And I think the and telling them what has to change civil side has just as many protections. …as you actually bring in legal aid to We use the civil side for abatement on work with them and bring in adult some difficult problems simply because protective services, bringing in child the criminal side doesn’t provide protective services, bringing in all those

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resources to try to solve it at one level The Changing Role of Supervisors first. And yet, when the activity contin- under Community Policing ues—and I do think that you bring the Adopting the community-policing philoso- resources that you have to bear on that phy in departments is not a simple task. issue. And it’s not—you know, I don’t Internal policies and procedures have to see it as being duplicitous or anything be revamped to incorporate the new strat- else. The agenda is out. It’s not done egies and policing practices. As Chief Sand- behind closed doors. ers suggested, “[T]hat’s a really important issue with community policing…because Later, Professor Worden returned to the we’re restructuring departments to fit the “…[Civil law] issue of giving police authority to invoke community-policing model.” With the civil law to solve crime problems. Rather might…make it implementation of community policing, than expanding the potential for abuses of less likely that departments are experiencing a change in authority, he argued, “If I understood the roles, responsibilities, and levels of police abuse Herman Goldstein correctly, [civil law] authority of line supervisors, specifically might, at the same time, make it less likely their authority. sergeants and lieutenants. This change has that police abuse their authority. If they led to a variety of concerns and problems If they have a have a wider range of tools that they can related to supervision by sergeants and lieu- apply in a somewhat more surgical fash- wider range of tenants, and to selection and appropriate ion to the problems that they confront, training of sergeants. tools that they they may be less likely to abuse their authority.” The supervisory concerns expressed by the can apply in police chiefs are twofold: first, the issue of Professor Klockars agreed: “The argument a somewhat how the sergeants supervise and subse- is that one of the sources of police abuse more surgical quently discipline the officers they of authority is our failure to give police command; second, the issue of how the fashion.…” adequate means to do the work we sergeants communicate with the lieuten- demand of them.” ants. Chief Sanders laid out his concerns Professor Mastrofski suggested that invok- about supervision under community ing civil law provided the ability to “target policing as follows: through civil means” rather than “running I think…a really important issue with sweeps in the neighborhood.” community policing is the internal issues, Chief Sanders expanded: “Rather than the supervision…because we’re restruc- using a zero-tolerance model on all win- turing departments to fit the community- dow washers or all…disorder issues, you policing model. And the rigid structures look at specific areas where you have we have in place for how you super- problems.…You can document those vise, how many people you supervise, areas, and you remove the cause that how you did it, are gone. And now our allows that to occur.” sergeants don’t really know how [to supervise].…We told them it’s a team. We’ve reduced spans of control.

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And all of a sudden we find the ser- Now that person has 24-hour respon- geants are closer to the team members, sibility, and that lieutenant may not see the officers, than they are to the de- [his] sergeants for a week or two. partment. And we’re not seeing those Professor Klockars had observed the same types of decisions we had seen in the problems in another department, and he past where they stopped things before felt that the lack of supervision created a they become problems or where they’re great potential for corruption and other writing up discipline. abuses: Instead, they’re so close to the people “…[T]o push Well the problem, from a management on the team that it creates problems. point of view, is that the community- authority, And I think that’s a large issue because services officers, by and large, dictate it starts spilling out externally after responsibility, their own schedules. They’re on total you’ve had the internal damage. And accountability flex time.…Number two, the problems we’re struggling with a training program that they decide to address are calls down to [lower on how to bring the sergeants back up. they get…and they’ve got an answer- ranking officers] And as we’re moving through this, we’re ing machine that they pick up. finding that we’re in whole new terri- to get…the So they operate almost independently tories that we’ve never considered when community of the other. Well, there’s nobody who’s we restructured the police department, supervising in that situation. I mean, involved in the because we just weren’t aware of what you can say I’m the lieutenant or the was going to happen. decision-making sergeant in that area, but I don’t know processes, Community policing increases the author- when you’re working. ity of supervisors and line officers. “So we’re And our paths may cross, and I’ll get a you’ve actually going to give the lieutenant 24-hour-a-day little summary of what you’ve been responsibility.…[S]ergeants…don’t know changed all the doing; but in terms of you seeing me what to do and loyalties are misplaced.… management on any regular basis, it’s very [in- [I]n an attempt to push authority, responsi- frequent].…I think from the point of dynamics of bility, accountability down to [lower view of potential corruption or abuses ranking officers] to get…the community your police or whatever, that scares the hell out of involved in the decision-making processes, me if I’m a police chief, to have these department.” you’ve actually changed all the manage- potentially 70 independent agents out ment dynamics of your police department” solving what they think are problems (Commissioner Frazier). [and] drawing on whatever resources Chief Sanders agreed completely with they can command. Commissioner Frazier: …And it’s just one of those areas in com- And that’s exactly what we’re facing. munity policing that, I think, [those] de- We did exactly the same thing. And we partments that are committed to [com- used to have a lieutenant that super- munity policing will] have to struggle vised during a band of time, and the with as to how we control it, how do people knew that that person was there. we supervise it, how we manage it.

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Professor Slocum agreed that “the difficulty new sergeant, we’re saying…just keep with this corruption aspect is they’re inde- that in the back of your mind, but what pendent agents, and that’s conducive to we really want you to do are all [of] corruption, [which] makes it the…least these things. detectable kind of abuse.” Chief Sanders explained: This change in management style and in- We reduced the span of control from ternal department dynamics leads to an- one sergeant [for] 10 to 12 officers down other area of concern for police depart- to one sergeant [for] six officers, think- ments in implementing the community- ing that they could better direct the “We gave policing model—selection and training of activities, better coach, better be a part sergeants. The role of the sergeant under 40 hours of it. And what we’re finding is [that] community policing has changed in terms they don’t know what to do now. We of community of responsibility and authority. Commis- removed the role of just evaluating, sioner Frazier pondered: policing looking at journals, adding numbers. training, It almost makes me wonder if we …Instead, we said you’re a part of that needn’t redesign how we select ser- team now; you have to direct it.…We 40 hours geants. I mean, if we have selected ser- gave 40 hours of community policing of problem- geants traditionally to get one kind and training, 40 hours of problem-solving now we need to get a different kind of training…but we neglected the super- solving result, [then] maybe the format we use, vision part. training… the way we weight the exams, the questions we ask, the answers that we’re but we The Impact of Community Demands looking for need to change to select neglected the sergeants.…[N]ow that the lieutenant’s and Expectations not the bad guy anymore, the lieuten- Community policing stresses the need to supervision ant has 24-hour-a-day responsibility, the establish partnerships with the community part.” sergeant has to be the disciplinarian, to identify neighborhood problems and to and maybe we’ve not selected correctly formulate solutions. The tasks that com- or trained correctly. munity-policing officers are asked to address can range from crime prevention Chief Sanders agreed that the old training techniques to crime control strategies. An is no longer effective: important key to this police–community I think you train the same way, but I relationship is the idea that different neigh- don’t think we follow up. You train in borhoods require different police services. the traditional role. And then we’re say- Therefore, community policing is a flex- ing [that] we want you to be flexible. ible model designed to change with each We want you to work with the com- community the police department serves. munity. We want you to be a team The differences that are acknowledged to member with these officers. We want exist from neighborhood to neighborhood you to coach them. We want you to will also be reflected in the community’s work on team projects. So [with] the expectations of its neighborhood officers. training they’ve just received as a brand- What is expected of an officer in the inner

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city may not be expected of an officer in a high-crime neighborhoods where the com- suburban area. In addition, what the munity mobilizes to drive the criminals out, community views as acceptable police be- residents may demand swifter and stron- havior will also vary across communities. ger action by the police than they would in a neighborhood with a lower crime rate. Chief Oliver spoke thoughtfully about the These community demands may influence negotiated relationship between the police not only the behavior of the police in that and the local community they serve: neighborhood, but also the residents’ per- I think, at least from a practitioner’s ception of this conduct. Indeed, as Profes- “That’s what standpoint, that community policing sor Klockars suggested, and as Professor community implies—authorizes, I think, in a way Mastrofski affirmed, residents may ask the police departments as a whole, and then police to engage in what the police know policing…is. as individuals—to negotiate a certain is illegal activity—to use excessive force, It’s a relationship with the community. to violate rights—and this may be a particular problem for community policing: negotiation— It’s a localized relationship with the (Klockars) [S]ome proportion of force an ongoing community they serve. And they negotiate the expectations, some of which is…in response to demands for it from negotiation and we have talked about here, the expec- the community.…The community says conversation tations of how police officers will we want this problem fixed. And the behave, how much force they will use, community may apply real pressures [between] a where they will appear, the kinds of on the police to use excessive means community programs they’ll be involved in. to achieve that. and its police That’s what community policing in my (Mastrofski) They do all the time. mind is. It’s a negotiation—an ongoing department.” (Klockars) All the time. And may be negotiation and conversation [between] uniquely a problem in community a community and its police department. policing where that voice of the com- And part of, I think, the glaringness of munity becomes pretty strong. the abuses that we’ve talked about has to do with—in the context of commu- Director Pugh thought that the police could nity policing—[the fact that they] are resist these pressures: “Well you can’t so far out of the negotiated relation- succumb to that. That just causes you ship that that police department and that major problems.” community thought they had. Professor Klockars emphasized the point: Chief Oliver suggested that when the com- “But just don’t misrepresent the problem; munity has been involved in “negotiated force is something that police officers are expectations,” an incident like the Abner just generating. That there’s a demand for Louima case is even worse. excessive force from the communities is all I’m saying, too, in many cases.” As the relationships and expectations vary between communities, so do the demands These community demands, however, are of community members on the police. In not limited to implementation of stronger

Police Scholars and Executives 15 crime-control tactics and a tougher stance body is looking to them to lead every by the police. With this community–police effort, whether it has anything to do relationship, the community relies on the with policing or not. police to solve a broader range of prob- You know,…the problem with expan- lems, problems that have traditionally been sion of community policing is that we’re outside of the realm of police work. This more effective. There’s more demand. reliance on the police to solve a more var- And we’re being placed in arenas that ied set of neighborhood problems implies we just have no business being in. that society is vesting more authority in the police. The more authority the police are And it’s awfully hard for police depart- “…[T]he ments to say no because we tradition- given, the greater the likelihood for abuse. problem with Chief Sanders spoke of the increasing pres- ally made our power base by doing more sures on the police “to lead every effort,” and more and more so that we got more …community and Professor Klockars pointed out that cops and more funding and all of that. policing is that “the more broadly you extend the scope And the challenge, though, is what you we’re more of police responsibility and authority, the talked about here. more occasions there are for the potential And that’s the reason I’ve been sitting effective. abuse of that.” here trying to figure out how you in- There’s more corporate some of the ideas that we’ve As Chief Sanders put it: talked about in here in the policy for demand. [I]t’s to the point now where everybody police departments. And we’re looks to the police to lead every effort, And it’s very easy to sit around the table being placed it seems like, because we seem to be and listen to academics talk about the the most effective in doing it. issues. I just hope you appreciate how in arenas that difficult it is to turn that into concrete When we make a mistake,…we’re held we just have policy for our cops. to a much stricter standard than corpo- no business …[Y]our message has to be extremely rations. We’re probably the least edu- being in.” cated, the least funded to really know clear when you send out directions to how to do all of these issues well. And your officers because they will take it yet we’re held to a much higher stan- literally, especially if they don’t like your dard. directions.

And our officers are being tested every The Closer Community–Police day with incredible challenges. I mean, Relationship and the Potential when I was out on the street it was a for Corruption pretty easy job. You got 10 numbers a In discussing the effects of community day. And you stayed out of trouble. And policing on abuses of authority, several you were rated as an excellent cop. participants raised the concern that the Our cops don’t have that luxury today close relationship established between the of having quotas anymore. We make community and police could increase the them do all sorts of things. And every- potential for corrupt behavior. Professor

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Klockars reminded the group that the pro- The concern about abuse of authority un- fessional policing model that is being re- der community policing that was expressed jected in favor of community policing was by the panelists focused on the potential put into place precisely in order to pre- for corruption that arises under the com- vent corruption: munity-policing model. None indicated a concern about increased incidents of po- Let’s keep in mind that all of the things lice brutality under community policing. we’ve tried to move away from in inci- Director Pugh suggested that excessive dent-driven policing and the old pro- force comes from officers who are frus- fessional-model policing were originally “…[A]ll of the trated because they are not part of a “glam- put in to control corruption, to control orous community-policing unit”: things we’ve abuses. And as we back away from tried to move them and move to community models, A lot of the excessive force [is] not com- I suspect that we introduce a whole new ing from the individuals assigned to away from in… set of problems. community policing. [It’s] coming from professional- the individuals who are frustrated, who Commissioner Frazier expressed concern feel that they’re not a part of that glam- model policing that the emphasis on developing relation- orous community-policing unit that gets ships is an invitation for misbehavior were originally all of the praise for everything that’s and for undue influence by community done that’s successful in the police …to control members: department. corruption, One of the things that troubles me about So that mobile unit, that unit that to control community policing is you talk about handles the calls for the department, establishing relationships. The longer they feel that they’re isolated in the unit abuses.” the relationship exists, I think the more in another arena. And the community opportunity for corruption. suffers for that. Let’s say that your neighborhood ser- The types of corruption that result from vices officer has been in a neighbor- this relationship with the community usu- hood for X number of years. And just ally take the form of officers accepting gra- as a departmental response, we say that tuities, discounts, and other similar gifts these assignments are limited. from community residents and businesses And now the very communities that you in their area. Participants illustrated a num- have sent this officer out to develop a ber of examples of the situations that can relationship with will come to me and arise; a central theme in these examples is then to all the political entities at every the complexity of the issue and the diffi- level to try to influence the assignment culty of establishing standards for what is process inside. So that’s going to come abuse of authority. As Professor Klockars down the line. put it:

And you have to see a balance of rela- Maybe it just is different in different tionship versus opportunity for misbe- places and you have people…articu- havior. lating different points of view on how

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to do this. You know, there’s the po- I wonder whether or not in an era of lice foundation solution. There’s the one community-oriented policing it is im- that says we want these community portant to look at the issues of motive partnerships. The other one says we’ll and not merely look at questions of have these community partnerships, but when you, in fact, cross over the line. there can be no financial component Let me give an example. to it. I mean, we don’t want our com- Let’s assume that a young police officer munities to be buying our bike patrol comes on the job. He’s walking the beat. officers bikes. If they need bikes, we’ll He goes in. He orders a slice of pizza. buy them out of the general fund. You “…[I]n an He puts his money down to pay for know, there’s all sorts of different views. the pizza. The owner says, “No. I don’t era of Director Pugh suggested that some com- take money from police officers. Here. community… munity members tried to buy bikes for spe- Take this back.” policing cific officers in hopes of keeping those And the officer says, “No, no, no. I officers on their beat: it is important always pay. Take the money.” And it One of the things that they’re starting ends up getting into almost a fight, you to look at the to do, which we have to—well, I have know. I’m telling you because I expe- …motive to stop immediately. They weren’t at- rienced this situation. tempting only to buy the bicycle; they and not merely Is that corruption? I mean, you have to were buying it for Officer Jones. They fight this guy to make him take the …questions could guarantee that Officer Jones money. You know? And you’re telling of when you… would stay there. the cops now, “We want you to estab- cross over Professor Klockars pointed to the irony of lish contacts and work with the neigh- some situations: “So if you run a borhood, develop relationships, and the line.” McDonald’s and you give a cop a free meal, stuff like that.” that’s corruption. But if you give a whole I think this issue, this corruption issue, booth, that’s community policing.” is very complex.

Director Pugh pointed to the complexity: Professor Martinez offered another example: The officers don’t feel that there’s a problem with accepting a sandwich or As another example, there is a favorite coffee, or I can recall where they would cigar shop that some of the detectives have a cookout, businesses, for the of- in Miami go to and get discounts. Some- ficers from the community-policing unit times I go with them, and I get dis- assigned. And they would feed them counts too. all. I asked the shopkeeper why about this Mr. Williams also suggested how compli- discount. His response had very little cated questions of corruption can become to do with maintaining a relationship under community policing: with these specific officers, but what

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he wanted was for the local bad guys terms of alienating members of the com- to see the cars going in and out, main- munity with whom the police are trying to taining a presence in that area. And that establish a working relationship under the was his motivation to let the other philosophy of community policing. people know in the community, “Hey, We have gone to an establishment that I have people coming in on a regular had a police key, which was half-price. basis. Don’t rob me during the day. We went out and said, “If you don’t Don’t burglarize my shop at night.” stop doing that, we will forbid our “…[D]o you Professor Klockars described the formal- officers to eat here.” ized nature of police discounts in one busi- I mean, we’ve had to do it with allow your ness establishment: …several places. But that happened officers to go Anybody who is interested can come before community policing. It’s hap- out for a big to Delaware to Dunkin’ Donuts, the pening now. I think…the issues now are so much more subtle. I mean it’s: …event that’s doughnut shops. On the register, they’ve got a list of prices that faces Do you participate in, like you said, a a combined back to the person who operates the business or group of business people thing with cash register. And then next to that, showing appreciation to all, perhaps? there’s a column that says, “Police.” And It’s a much more subtle thing. Or do the community they’re all half. you allow your officers to go out for a and…solicit …[T]hat’s just the policy. They like the big community event that’s a combined hot dogs and cops coming in and out for extra secu- thing with the community and go out and solicit hot dogs and hot dog buns…? hot dog buns?” rity, and they want to be able to call on them when there’s a problem. And do you allow them to take that? I mean, what business feels like they One concern that emerged was the motive can say no to cops [who] come in and of the police officers involved in any inci- say,…“We need 500 hot dogs for the dent of misconduct, as well as the motive community social on a Friday”? And of the citizen or business that provides “gra- that’s difficult for cops because they’re tuities” to an officer in the community. This trying to do their part to increase to- consideration of motive was seen as getherness in the community.… increasingly important as many police departments move toward the imple- I mean, I think it’s just much more mentation of community policing. subtle now than it was before. And it’s hard to talk in those shades because Participants recognized that this type of the officers get invited to dinner at behavior (i.e., businesses giving free or people’s houses because they create discounted meals to officers, etc.) had been friendships. going on before the implementation of community policing, but as Chief Sanders The friendships are created, which is pointed out, “It’s just more subtle now than what we’re trying to do. And when is it it was before.” Also, the consequences of not? And when is it a gratuity to go not accepting gratuities can be greater in into a friend’s business and get a cup

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of coffee, and when is it not? I mean, I Mr. Williams addressed the issue as follows: just think these are really difficult is- So [with] this issue of corruption, I think sues not only for the police officers but maybe we have to be careful about how also for police management. we try and frame this thing. [We have Where do we draw the line? Is it, as O. to] recognize the complexity and the W. Wilson said, “The first cup of coffee subtlety associated with it in this com- you take for free is the start of corrup- munity. When we had the old traditional tion,” or is it [that] we need to be a little style of policing, we could say to the bit more understanding about the cop, “Here’s what you do.” He’s Supervision motives that we’re talking about? dispassionate and he’s distant. problems Professor Skolnick spoke about the Now you want him to be close to the motives involved: people he’s servicing. You want him to include the establish relationships. You want him Businessmen have a motive for devel- lack of to formulate partnerships. oping a category that will allow them training for to make a profit so that they have these In summary, the implementation of com- new roles and places being used because there’s a munity policing has far-reaching effects on general overhead. police departments that go beyond how relationships, And that’s what I’m saying why mo- police services are rendered to the com- the sergeants munity. Participants suggested that several tives get to be very complicated. The becoming too question is whether rational economic aspects of the community-oriented motives apply to the police in the same policing model and its implementation, close to the way. And in some ways they do, and both internal and external, may increase officers they in some ways they don’t. the opportunity for, and thus the likelihood of, abuse of authority. supervise, and I mean, it’s rational to give a category of persons a break because you want The internal factors are the increased use the lieutenants to do more business and the more busi- of civil law and procedures to address crime becoming too ness you do, the more your general problems, and the new role of sergeants removed. costs are covered. and lieutenants under the community-policing model. Both factors affect officer [Yet,] you want to give police a break behavior, and participants voiced concern because you want services from the po- that each may increase the opportunity for lice. And one of the services may be abuse of authority. Participants debated merely appearance. [B]ut then you have whether the new tools that the civil law the other appearance problem of the provides will expand authority, and thus free hot dog, which then people don’t potential abuse, or will refine police ac- understand this and don’t see it as tions and, therefore, reduce potential abuse. ethical. Supervision problems include the lack of I guess the bottom line is [that] I don’t training for new roles and relationships, think you can get into these larger ethi- the sergeants becoming too close to the cal questions. I don’t think that’s the officers they supervise, and the lieutenants issue. becoming too removed.

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External factors and concerns relate to the that examining societal factors is a relevant relationship between the community and and important segment of a study of abuse the police, which is critical to community of police authority. Are these differences policing. This relationship can lead to in- misperceptions or do they reflect reality? creased demands and expectations by the Participants were asked what their thoughts community, which may pressure officers are on this issue, whether or not the into using excessive means to address the public’s perceptions are accurate, and community’s problems. Also, the close na- whether different styles of policing are ture of this police partnership with the more relevant in an examination of these “The community creates increased opportunities societal factors. The panelists’ responses and pressures for officers to engage in some departments covered a wide array of topics. In some forms of corrupt conduct. Despite these instances, their comments addressed the that have the concerns, it was suggested that if police issue of race and the effects of race on managers were able to take steps to ad- corruptive police–citizen interactions. However, their dress the potential problems that may re- influence responses also addressed the effects of sult from implementation of community different communities’ income levels on under the policing, this policing style could improve citizen perception and police behavior, and community relations and benefit police other style of the effects of neighborhood crime rates on departments. policing are police and policing strategies. Finally, Chief Sanders expressed what was the ones who probably a consensus position when he are going to be said, “The departments that have the cor- Incivility and Cultural Differences as ruptive influence under the other style of the most Influences on Abuse of Authority policing are the ones who are going to be Throughout the day, the effect of citizen susceptible the most susceptible under the community- misperceptions of police and the effect style policing.” under the these mistaken views have on police–citizen interactions arose in the discussion. community- Societal Factors That Affect Participants noted that many instances of style policing.” Abuse of Authority police abuse of authority result from a This section of the meeting moved away negative interaction with a suspect or of- from the structure of policing and its rela- fender. In other words, police officers do tionship to police authority to a discussion not go out looking to abuse an individual, of other societal factors that may affect but rather the abuse is a response to a “bad” abuse of police authority, issues such as attitude by the citizen, and it takes the form perception and reality of the role of race, of discourtesy or disrespect toward the ethnicity, and social status. These factors police. are of increasing concern in an increas- Professor Mastrofski offered the following ingly multicultural society. Several surveys observations, which he based on a recent have shown that racial minorities perceive departmental study: the problem of violation of rights by police as being much greater than the white We found in this particular city that the community does. This difference suggests rate of incivility or discourtesy…coming

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from citizens was far higher than was there something else going on there that coming from police.… The factor was maybe we don’t really understand? about five to one for African-American Maybe the cop is looking at it as “this citizens, [which was] much higher than guy is not showing me respect.” And the other groups in terms of acting in a maybe the person in the community, discourteous fashion toward the police. the environment where he communi- The police rate was much lower. We cates, is showing him all the respect also looked at who acted discourteously that he could possibly be giving him. first.…[I]nitially the police initiated discourtesy quite rarely,…but they will The discussion of the role of cultural dif- “Maybe the retaliate. [And] that is fair. So what ference was not limited to racial differences. cop is looking comes from this particular department Some emphasized the environmental and is a fairly professional response. And background differences between officers at it as ‘this that is a very human thing when you and citizens that result in misunderstand- guy is not get dissed to respond in a similar fash- ings. Professor Skolnick suggested, “[Y]ou showing me ion. So there are a lot of ways of look- can take a 22-year-old kid, and you put ing at it. Every instance of discourtesy that kid in Bedford-Stuyvesant, and he’s respect.’ And by a police officer is bad PR and bad grown up in a New Jersey suburb. He’s maybe the policing, but not unexpected in a hu- scared to death, a white kid who is a cop. man kind of thing. He doesn’t know quite how to act.” person in the

An interesting discussion took place about Chief Oliver noted: community… the effect of the cultural differences that I come from a city that is not typical of is showing him may exist between the officers and the citi- what you are describing. This is a city all the respect zens they come into contact with. Some where there’s an awful lot of African- felt that these cultural differences may re- that he could American officers [who] are working sult in the officer’s perceiving an individual predominantly in African-American ar- possibly be as antagonistic or uncivil. Mr. Williams eas. And we are faced with some of suggested: giving him.” the same situations.

One of the things that we’ve got is [that] In many cases, the officers came from often we don’t understand the language the neighborhood and…speak the same that’s being communicated. And we’re language, understand the nuances of communicating in different ways. That’s what people are saying and how they why you heard all this talk at some point say it to them. We’re still having some about ebonics because of the linguistics. difficulty.

…I think that it would be interesting to If there’s more to it than that, I really see…how [African Americans] see them- would like to get at that. I think it’s selves in terms of reacting to certain fairly superficial just to say that it’s a kinds of things. What do they call them- white [or] black [thing]. It’s people [who] selves? Do they see themselves as be- didn’t grow up in the area, that kind of ing uncivil? Do they see themselves as thing. There are a lot of other dynam- being unfriendly to the officer, or is ics, a lot of other variables going on

Police Foundation 22

here about authority and about the way I see a guy pull out. I know he’s com- people are alienated and disenfran- ing. He roars. He doesn’t turn the light chised. on. What is he doing? He drives past me at 100 miles an hour. But he looks …So there’s a lot more to it than just a at me to see who I am. He looks first. white person [who] did not grow up in And then he slowed down, pulled in there. There are some serious other is- behind me, turned the red light on. sues going on here, even intraracial issues that have nothing to do with color. And then when he pulled me over, I “There are It has to do with culture. bad-mouthed him. I told him, “Well, you didn’t like what you saw.” some serious And he looked at me, and said, “Well, …issues going The Effect of Race on Police— Citizen Interactions you’re okay, man.” on here, even Although the effect of cultural or environ- “No, no, no, no, no. Why didn’t you intraracial mental differences on police and citizen turn the light on when you first saw issues interactions may explain some incidents of me speed by you?” I asked him. And police abuse of authority, the effect of race he never gave me a ticket, and he let that have on police behavior was also addressed by me go. And I did bad-mouth him, told nothing to do the participants. Recent court rulings on him he was an incompetent police the police practice of “profiling” are a clear officer. I did. with color. example of the impact of race on police It has to do practices and individual officer behavior. Well, see, let me tell you this. I had It was suggested that the effect of race on assumed I was going to get the ticket. with culture.” police behavior goes further than merely But I was more aggravated because in the use of profiles to target certain groups my mind’s eye…[h]e said, “Speeding of citizens. Race reaches into and affects isn’t the violation. It’s you, who you the daily interactions between officer and are, who would go by me and speed. citizen. As Professor Slocum described his And I have to see who you are first.” own experience: And when I told him that, he knew I had told him the truth, and it paralyzed [Chief Oliver’s] point when he said he him. It’s true. can take people who are black, born in the community, raised [in the] nu- Professor Mastrofski offered some results ances of the language, [and] put them from a study: in that position, [then] he got the same It is more complicated than that. We ac- conflict he has for whites out there. tually have data on Richmond that we collected in ’92. One of the things we My whole life experience is I’m sitting looked at was whether the citizen com- here saying this is not theory for me. plied when the police said, “Quit being …I’m driving down a highway 90 miles disorderly. Leave somebody alone. Don’t an hour. And I pass two state troopers bother them. Leave the scene,” or “Stop who were like talking.… doing something illegal.”

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One of the things we looked at was the When they get a call [that] there’s a black appearance of the race of the officer and male walking hurriedly down the street the race of the citizen. And sometimes and there’s been a robbery, if you hap- what you get is not necessarily what you pen to be a black male, you’re going to expect because we’ve been talking about be stopped. It’s not racist activity. It’s the likelihood that the African-American simply one of the prices you pay for citizen will rebel against the white living in a high-crime area. officer. This idea led to discussion over whether In Richmond, we found that that combi- or not this type of police action was The panel nation was the most likely to be [a] white indeed fair. Mr. Williams suggested, “Well, officer [and an] African-American citizen. what if you don’t have much of a choice, disagreed And, not unexpectedly, the combination you’re poor?…It’s the only place you can …whether live.…So you end up being subjected to a that was least likely to secure compli- citizens ance was an African-American officer kind of harassment without your having [and a] white citizen. done anything improper or illegal.” residing in The panel disagreed over whether citizens I’m trying to remember the compari- high-crime residing in high-crime areas should view son of like race. I believe it was the areas should these frequent contacts with police as a case that basically there was no differ- consequence of living in that neighborhood view…frequent ence between an African-American and not as harassment, inappropriate officer, [with an] African-American citi- contacts with behavior, or abuse of authority. Professor zen and [a] white officer [with a] white Klockars suggested that it is critical that police as a citizen at the extremes. police attempt to communicate to citizens consequence of the reasons behind their actions and to living in that High-Crime Areas and Officer apologize: neighborhood Perceptions and Behavior In those circumstances, it’s absolutely The topic of neighborhoods with high- critical that police explain why they and not as crime rates led to [a] heated discussion stopped you. And there are lots of harassment…. among the panelists. One opinion ex- things you can do to repair that.… pressed was that—because many minority citizens reside in low-income, high-crime [W]hat we have to do is train police to areas in cities—acts by the police that ap- apologize, to explain why it was pear to be racially motivated may, in fact, necessary for me to stop you, but you be a response that can be attributed to the can’t say to them, “Don’t stop people high-crime rate in that neighborhood. in that neighborhood.” Professor Klockars suggested: The Effect of Neighborhood Income One of the consequences of living in a Levels on Interactions with Police crime-ridden neighborhood is that The correlation between income level and police, rightfully so, are going to interactions with police was initially raised interfere in your life very often. by Professor Skolnick. He argued that

Police Foundation 24

varying types of enforcement strategies and poverty in most places, and affect poor people more than the middle certainly in New York. and upper classes, and, as a result, affect This type of zero-tolerance strategy has a minority groups because of the high greater impact on people with low income correlation between racial minority and poverty. He described his experiences because, as Professor Klockars put it, “Poor people commit more minor offenses,” of- observing police behavior in New York fenses that are characterized as quality-of- City, where there has been a growing emphasis on implementing enforcement strat- life crimes. But is this abuse of authority? Is an enforcement strategy that seeks to “…[T]his kind egies focused on quality-of-life crimes: place limitations on acceptable behavior of enforcement [T]his comes from some observations: A in public areas an abuse of police author- has [an] young man is drinking beer on a hot ity simply because it will have a greater, night on 170th Street and lives in an apart- impact [on] and perhaps a more negative, effect on a ment that’s not air-conditioned. He is certain group of citizens? Professor people who stopped by the police. Now, the next Mastrofski suggested: are poor.… thing that happens is he’s asked for his ID. People walk downstairs, and they It depends on whether you’re talking And there’s don’t necessarily carry their IDs in their about infringement of offenders’ free- doms and selectively doing that, or a high wallets with them. whether you’re talking about a com- correlation He’s been arrested. Okay? Now this is munity that because there are so many all following the pattern. You know, between race people who have need of using public there’s no…“racial animus” here. space makes it all the more compel- and poverty in [I]f you don’t have your ID, you’re ling to regulate behavior in those pub- most places.…” going to be arrested. If you’re going to lic spaces. be arrested, then you’re going to be The community’s perception may some- handcuffed and you’re going to be times be that the enforcement policy is searched. This is going to happen more selectively applied and thus is an abuse of on 170th Street than it is on 70th Street, police authority. This perception may ex- where people live in air-conditioned ist because residents do not believe the apartments. behavior that a zero-tolerance policy tar- So one of the things that happens in a gets is a problem or is related to the larger place like New York is that poor people crime issues in that neighborhood. Work- live more of their lives on the street. And ing with each neighborhood to identify because they live more of their lives on problems and to formulate solutions may the street, they are going to be engaged limit this perception, as Chief Sanders in minor violations.… suggested:

So I think there’s no question that this I think the issue, though, is that what kind of enforcement has [an] impact [on] we have found in working with part- people who are poor essentially. And nerships with[in] communities in ask- there’s a high correlation between race ing what their priorities are, instead of

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us coming in and saying, “This is our people in the community at which they priority,” is that we have a lot of offic- are directed: ers who grow up in an area where When you look at it, you see what is they’ve never seen anybody drink on being done in the name of zero toler- the street [or] drink outside of a liquor ance. Well, that’s not because it’s solic- store. They thought that’s what the iting community police people to find problem was. out what the neighbors want. But it’s When they go in and ask communities what the real estate people want and what the priorities are, it almost never the private property owners and oth- “…[T]hat’s is those types of things because that’s ers who want the business districts to just a custom in the neighborhood. live [and] thrive. what… They’ll talk about other issues that are community more important to them. So it’s not a reflection on community interests. And every one of the policing is: And I think that’s what the problem of examples of zero tolerance is about …working on community policing is: actually work- lower-class interventions and lower- ing on issues that the neighborhood class activities in a public area that issues that the agrees are a priority, instead of cops interfaces with the middle class. neighborhood coming in and saying, “This is unsightly. This doesn’t fit the mold for the last In summary, the discussion suggested the agrees are a area that I worked in,” or “I think that importance of considering a wide range of priority, this is a crime generator.” The people societal factors, such as income, race, crime in the community know that it’s not.… rates, cultural differences, and even instead of cops It’s their father out there; it’s their personal attitudes of individuals, when coming in and cousin; it’s whoever. examining influences on police abuse of authority. Also evident from the discussion saying, ‘This is And I think that’s where we’re going to is the complexity of evaluating the real im- unsightly.” have to start making those inroads and pact of those factors on police and citizen where we get the community’s priori- behavior. ties, instead of [having] us overlaying ours on top of them and deciding we’re Citizens’ perceptions of the police will likely going to enforce in a certain way. influence the manner in which they interact with an officer. These perceptions are And that’s the only way we’re going to formed and influenced by many factors. be able to do it.…Otherwise it’s always Police must also consider such factors when going to be on the racial side because they interact with citizens. For example, that’s what the majority of the police when aggressive policing policies such as departments are going to see as a prob- zero tolerance are implemented in a de- lem because it doesn’t look like where partment, the enforcement of such poli- they grew up. cies will have more of an impact on lower- Professor Manning suggested that zero-tol- income citizens. This increased contact with erance policies regularly reflect middle- police for minor violations of the law may class interests and not the interests of the result in more negative perceptions. Such

Police Foundation 26

interactions may be viewed by some com- well done. The panelists also suggested munity residents as abuses of authority that raising the age of recruitment may be because the police are focusing on behav- beneficial. We will address the issue of age ior not perceived as problematic by the first. community. Another important factor that Participants suggested there is a relation- was discussed was the impact of race on ship between the age at which officers are police practice. Participants debated hired, their behavior, and their subsequent whether this factor manifests itself through abuse of authority. Some police depart- a combination of cultural differences and ments have begun to hire older individu- To change the bias, or whether each of these concepts als because they bring greater maturity and singularly influences abuse of authority. way police life experience to the job. The premise is officers think, that this increased maturity and life experience will improve the level of policing departments Possible Solutions: and perhaps reduce abuses of authority. would have to Promoting “Good Policing” Chief Oliver stated, “That’s what we’re In this section of the meeting, panelists doing, 20 to 30, as opposed to 20.” focus on three were asked to identify policies and prac- Chief Sanders remarked about hiring a 22- areas: training, tices that departments may implement to year-old: “You know, you give him the best promote better standards of policing among professional training you can, the best supervision. officers. The participants approached this You’ve still got a 22-year-old with a gun standards, topic by attempting to determine how to and a fast car.” As he elaborated: and means reduce, and ultimately prevent, varying types of police abuse of authority. They Yes. We’re in there even older. Our av- of reward and agreed that the best way to achieve this erage is about 26 or 27 because what recognition. goal would be to address policies that you’re getting is people who have had would serve to alter the mentality of some life experience. police officers. To change the way police officers think, departments would have to I shudder to think. I joined when I was focus on three areas: training, professional 22, and I don’t think I quite caught up standards, and means of reward and to the job until I was in my mid 20s or recognition. late 20s. It’s all of our, the police chiefs’, nightmares to have a 22-year-old with Particpants suggested that departmental a gun and a fast car and red lights out policies and practices that emphasize the there. positive may serve as better deterrents to abuse of authority by officers than merely You know, you give him the best train- implementing more stringent types of dis- ing you can, the best supervision. cipline for misconduct. Three positive poli- You’ve still got a 22-year-old with a gun cies or practices were: (1) training and en- and a fast car. couraging officers to do “good” policing, Professor Manning concurred: (2) establishing high standards of professional excellence, and (3) recognizing and [I]t seems to me that people who are a rewarding the efforts of officers for a job little more advanced in life with more

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life experiences might have a deeper was a priority for police departments. commitment to ethical values, for want Officers should have the necessary skills of a better term, might be better able to and tools to be “good” officers instilled in resist some of the temptations that they them from the start. As Professor Worden confront on the job so that who they put it, “If they have a wider range of tools are is better established. And it has been that they can apply in a somewhat more reflected in what they do and ideally is surgical fashion to the problems that they more compatible with what the com- confront, they may be less likely to abuse munity expects. their authority.”

And so did Professor Klockars: Professor Klockars went on:

I would have answered that the oppo- [T]here has to be a cultivation of police site theory applies. That is, they are skill that motivates a police officer to more balanced and less extreme than use those things with restraint or with “…[O]fficers the 21-year-old, for whom the world is precision. That is, [officers should not] should not] much simpler. The more life experience settle for behavior [they] can get away you have, the more complicated the with without violating the criminal or settle for world becomes and, hopefully, the civil law, but [you should have] a stan- behavior [they] more restraint you can show. dard of good police work that you want can get away cops to aspire to. So…the one who scares me is the one with without who joins as a police recruit at age 17, And we can all point to cops [whom] hears all these old stories, lives inside we know can take a riot and calm it violating the police world, and then goes on to down, and turn any domestic into a riot. the…law, become a policeman. This guy has And that is an issue not of the law— but…should never talked to real people, just police, the criminal law or the civil law—but or crime control. [He thinks] the com- of the skill of competent policing. have] a munity is divided between the good people and the evil people and all of And what you end up trying to do…is standard of those kinds of things. you try to encourage police officers to good police become skilled police officers, to learn I mean, you put me out. I start work- how to handle incidents without mak- work…to ing in a factory. I begin to understand ing it worse than when you came there. aspire to.” that there [are] all sorts of different people in this world. And they have troubles, and I’ve had the same troubles. Standards of “Good Policing” And maybe I come to it with a little bit The policies of a police department reflect more maturity at 25 than I do at 22. the standards of behavior for the officers serving in that department. To identify what Cultivating “Good Policing” Skills is “good” policing and what is “bad” The panelists agreed that training and en- policing, one must look to the standards and couraging officers to be “good” officers boundaries of behavior set forth by the rather than how not to be “bad” officers department in its policies. When the

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discussion turned to this issue, Mr. Williams people looking to act in bad ways. noted, “The law defines the outer param- [However, they] may need some guid- eters [of police authority and behavior], but ance and constructive support and so policy defines the boundaries.” The impor- forth. tance of departmental policy as a factor in Methods of Rewards and Recognition examining abuse of police authority, or con- Commissioner Frazier suggested, “A pro- versely “good” policing, was acknowledged motion is a reward,” and this is true in the by several of the participants. majority of police departments. Promotion “…[W]e could In conjunction with this concept of depart- to a higher rank has always been a tradi- mental policy as a means of establishing a tional means of reward and recognition at impose standard of behavior is the role of the su- the departmental level. Commissioner something other pervisor in enforcing these standards. Frazier suggested adapting the promotion system to “fit” the kind of officer whom than, and “[T]here’s a presumption in the…discussions I’ve heard so far that the supervi- the department wishes to reward. This is perhaps higher sor plays an important role in the regula- done by tailoring questions for the oral than, a legal tion of police behavior. And presumably, examination to the specific officer’s work that good supervision means that you’re experience, such as with the Police standard, going to have a lot less behavior outside Athletic League facility. some standard the bounds of [departmental policy]” However, others noted that promotions are (Professor Mastrofski). of…professional not available to all officers. In these instances, a less formal means of recogni- As Professor Worden put it: competence or tion for an officer who is doing a good job craftsmanship.…” The notion that we could impose some- may be even more meaningful and appro- thing other than, and perhaps higher priate than a promotion. Professor Worden than, a legal standard, some standard suggested that sometimes having a super- of…professional competence or crafts- visor simply take notice of an officer who manship, if you will. [And] it’s not just is doing a good job and letting that officer supervision; it’s also management. know that his or her work and effort is recognized (an “attaboy”) can improve But conceive of the problem as not sim- morale. Professor Worden suggested: ply taking steps to detect abuses of …[S]ometimes when I talk to police of- authority and sanction abuses of author- ficers in my classes, they say, “Yeah, ity, but more positively to and affirma- you know, just an attaboy makes me tively to establish standards of profes- feel good, makes me feel like I’ve done sional or competent policing. We may, a good job.” at the same time, do as much to stem bad policing if…we said this is the way And I’m not sure whether we haven’t to do a good job. [Then] we may make underestimated the value of just com- it less likely that officers do a bad job mendations, being held up as some- [because] I suspect that many of the one whose work might be emulated. officers who engage in these abuses of That might be a part of being a coach authority are not fundamentally bad and a mentor,…that is, identifying

Police Scholars and Executives 29

officers who are doing what you want problem. As Professor Worden said, “There them to do. might be other approaches if you have other tools. And if the tool is the civil law, [We should] not only prais[e] them, but providing that you are trained and learn hold…them up for others as role how to use that properly, then that might models to follow, which might, expand [the officers’] range of options.” ultimately, affect the culture of the organization. In addition to the provision of more extensive training, it was suggested that de- This informal, frequent recognition of ex- partments consider establishing a higher “Reward and emplary police work not only rewards the standard of professional conduct than is officer who is being recognized but also dictated by the law. Encouraging officers recognition, serves to reinforce the high standards of to achieve a higher standard of conduct both formal professional behavior that a department and professionalism may decrease the like- (i.e., promotion) encourages its officers to achieve. lihood of officers abusing their authority In addition to the rewards mentioned, po- and engaging in misconduct. Making policy and informal lice chiefs were curious about what meth- changes that address prevention of abuses (i.e., a slap on ods of reward rank-and-file officers would of authority and misconduct is a task that consider to be satisfactory. They suggested falls on the department administrators and the back), are that the national survey or the upcoming managers. However, simply establishing a key elements in rank-and-file and supervisory focus groups higher standard of professionalism is not motivating address this issue, and that the chiefs be enough. This standard must be effectively informed of the officers’ responses in or- reinforced through adequate recognition officers to and reward by midlevel superiors. der to consider the officers’ suggestions for practice ‘good’ implementation. These line superiors have the most con- policing.” Deterrence of abuse of authority may not tact with rank-and-file officers on a daily be achieved solely through rigorous en- basis; therefore, these supervisors must be forcement of departmental policy or diligent in their efforts to positively rein- through harsher disciplinary measures for force this standard of conduct in their of- the violation of such regulations, but also ficers. Supervisors should make all efforts by cultivating “good” policing skills in to acknowledge exemplary conduct, “that officers, by instituting a higher standard of is, identifying officers who are doing what professional conduct, and by providing you want them to do, and not only prais- positive reinforcement for exemplary ing them, but [also] holding them up for conduct. others as role models to follow” (Professor Worden). Reward and recognition, both At the training level, officers need to be formal (i.e., promotion) and informal (i.e., provided with the necessary tools to carry a slap on the back), are key elements in out their responsibilities. If they are not, motivating officers to practice “good” one should not be surprised when officers policing. resort to relying only on their authority to arrest, even when this approach may The panelists agreed that this combination not be the most effective solution to a of training officers with the proper skills,

Police Foundation 30

encouraging officers to achieve a higher Conclusion standard of excellence, and rewarding Most of the themes and questions raised exemplary conduct should decrease the by this group of police scholars and ex- likelihood of officers abusing their author- ecutives were addressed again in subse- ity or engaging in misconduct. quent focus groups of rank-and-file police Also, to improve policing services and to officers and police supervisors, with inter- reduce abuses of authority, departments are esting similarities and differences. Many of beginning to recruit slightly older individu- their concerns and specific experiences als because they believe that people with were incorporated into the survey more life experience may be better questions and were drawn on during the situated to exercise discretion effectively. analysis and writing of the final report.

1. The quoted portions of this appendix have been edited sparingly to enhance readability while maintaining the speaker’s voice.

Police Scholars and Executives 1

APPENDIX C

REPORT ON FOCUS GROUP OF RANK-AND-FILE POLICE OFFICERS

OCTOBER 20–21, 1997

Rosann Greenspan David Weisburd

Edwin E. Hamilton

Police Foundation 2

Contents Introduction ...... 3

Defining Issues of Police Authority: What Is Professional Conduct? ...... 4

Handling Situations That Challenge Police Authority: Rules and Practice ...... 7

Officers’ Perceptions of the Extent and Nature of Abuses of Authority ...... 8

The Role of the Media 8 The Extent of Abuses of Authority 9 The Forms of Abuses of Authority 10

Abuse of Authority and Community Policing...... 11

Community Policing and the Expanding Authority and Responsibility of the Police 11 Community Policing and the Potential for Corruption 14 Departmental Structure and Community Policing 14

Societal Factors That Affect Abuse of Authority...... 15 The Effect of Race and Ethnicity 15 Race and Community Policing 19

The Culture of Policing...... 19

“Us-versus-Them” Mentality 19 Code of Silence 23 Solutions ...... 31

Agency Procedures for Dealing with Abuse of Police Authority 31 Rewarding Good Policing 32

Conclusion ...... 34

Rank-and-File Police Officers 3 C

RANK-AND-FILE POLICE OFFICERS

1 Introduction ments, representative of all regions and In selecting police departments for partici- sizes. Half were assigned to the rank-and- pation in the two panels of police offic- file group, and half to the supervisory Eleven ers—one of rank-and-file officers and one group. In the end, 11 departments partici- departments of supervisors—we established a set of cri- pated in the rank-and-file focus group, and teria to guide the process. Our goal was to another 11 departments participated in the participated achieve representation from various types focus group of supervisors. in the rank- of departments, as characterized by their style of policing, with attention to size of To guide the participating police departments and-file focus community served and region of the coun- in selecting representatives to participate in group.… try. We began by using our own expertise the rank-and-file focus group, we provided as well as by consulting several colleagues the chiefs with a list of suggested criteria. to develop a list of police departments that We asked them to choose an officer with are particularly known for either commu- 5 to 10 years of experience. We asked nity-oriented policing, problem-oriented departments that were selected for their policing, or traditional policing. As the list orientation toward community- and prob- grew, we attempted to ensure that all re- lem-oriented policing to choose officers from gions of the country were represented. Hav- those units. We asked departments that were ing reviewed and refined the selections, selected for traditional policing to choose we then categorized them by size of popu- officers from specialized units such as lation served and region of the country. In narcotics or gangs who have considerable this way, we derived a list of 24 depart- contact with community residents.

Police Foundation 4

The 11 officers from all regions of the coun- Defining Issues of Police Authority: try who participated in the rank-and-file What Is Professional Conduct? focus group ranged in experience from To explore how contemporary police view 3 years to 15 years, with an average of the boundaries of police authority, we 10 years of experience as police officers. As asked participants to discuss what they we requested, their assignments included consider appropriate and inappropriate community- or neighborhood-policing units, conduct in their exercise of authority. Their problem-oriented policing units, and gang responses quickly turned to a thoughtful and narcotics units. discussion of the sources of both the for- “…I am mal definition of good conduct and a per- The rank-and-file focus group was moder- sonal sense of what is good conduct. One generally ated by Rhoda Cohen, survey director for officer started off the conversation by again guided by my the project, under contract with the Police posing the question in different ways: own sense Foundation from Mathematica Policy Re- search, with the participation of Dr. Rosann What is professionalism? What are our of what is Greenspan, Research Director, and Earl expectations of ourselves? What is the right and Hamilton and Kellie Bryant of the Research expectation of the citizenry of the law Division of the Police Foundation. The fo- enforcement agency that works on their wrong…my cus group met for two days: from 9:30 A.M. behalf? [H]ow is it that we ought to act own personal to 5:00 P.M. on October 20, 1997, and from and behave? How is it that these things 9:30 A.M. to 4:00 P.M. on October 21, 1997. view of what are appropriate or inappropriate, or right or wrong, or good or bad? is moral or The officers discussed a range of topics with a set of questions to guide each topic. The The officer answered that, for him, the immoral.…” broad categories included a definition of definition of appropriate conduct begins police authority, the nature of the problem with his own sense of right and wrong, and their concerns, the effect of community but it does not end there: policing on the abuse of authority, the societal factors that affect police authority, the I think that I am generally guided by culture of policing, and what can be done. my own sense of what is right and In addition, the officers pretested the first wrong. In other words, my own per- draft of the upcoming national survey. They sonal view of what is moral or immoral, provided valuable input by reviewing and what’s right and wrong.…What be- reacting to each question in the first draft of comes a challenge for me is how I be- the survey instrument and by making gen- have in very difficult circumstances,… eral and specific recommendations. how I behave in cases where people hate me, [and] how I behave in cases The participants worked hard, grappling with where people want to kill me. So how some of the most difficult and personal is- do I keep from misbehaving? How do sues they face in policing. We were grateful I keep from doing things that are wrong for their thoughtful and frank conversation. inherently, either morally or criminally? We were surprised, as they were, by the And so that is a huge challenge…on a degree of consensus among them on many daily basis, not just for the individual, different issues. but, I think, for the organization.

Rank-and-File Police Officers 5

Another officer suggested that the source Society says that I can effect the amount of the definition of acceptable and unac- of force necessary to effect the arrest. ceptable behavior must be society and that In other words, society has given me the boundaries of appropriate conduct, the green light to use some degree of therefore, change as society changes: physical force in order to control an individual. And I know that I can do I think that we as police officers are that. And there may be something want- guided by what society says is accepting me to do that [because] this indi- able and is not acceptable. Thirty years vidual has provoked me to some de- ago [in] law enforcement, certain gree in which I have the option of ex- “…[W]e as actions were acceptable, where[as] ercising some force. But I know that if today’s society has decided that those police officers I can talk rationally to this individual things are not acceptable. As a result, and still gain compliance, then I should are guided …my definition of acceptable behav- probably take that route or accept that by what ior is what society says the rules are for as an alternative, as opposed to using us. Twenty years from now, law en- society says some degree of physical force. forcement will probably be different be- is acceptable cause society will have said that force This comment turned the discussion to the can go this far—that professionalism participants’ definitions of professional and is means x, y, or z. conduct. One officer suggested that key to not acceptable.” professional conduct is treating each indi- However, he agreed that one’s personal stan- vidual with respect: dards were also relevant: “I think within that …[B]eing professional is about respect boundary, then we rely on our own per- …whether you are talking to the presi- sonal moral and ethical ideas to define and dent of the United States or whether guide that.” That officer later modified his you are talking to Joe the hobo.…Every- response: “I think when I said about society body has a story and [people have] their deciding what is acceptable, I think I didn’t own shoes.…Just [as] I could in no way use a correct term. I think it’s the commu- do what the president does, there is no nity in which we live [that] decides that.” way I could do what the hobo does. A third officer raised the interesting sug- The hobo would teach me how to sur- gestion that society’s standards are too low vive, just [as] the president could teach and that unless a higher, personal moral me a bunch of other things. standard is applied, force will be exercised Picking up on the idea that attention must in effecting an arrest when it may be pos- be paid to the individual, another officer sible to use language to gain compliance: emphasized the importance of learning about the individual situation: I think that society in general is taking a very dangerous trend in some of the You have to learn what the situation is things [that] are morally acceptable, and the background behind that prob- some of the things that are socially lem. You have some police officers— acceptable.… they are so gung ho—[who] bust in the

Police Foundation 6

house and it’s so much the profanity Another officer suggested that officers un- and it’s so much this. They never know der stress in their personal lives will en- what the environment as far as the fam- gage in misconduct, and she suggested that ily [is], what’s going on in there. Social very young officers may also have such issues: father could be laid off, the problems: “[Y]ou also have babies coming mother has…five kids, the father is frus- on. I’m talking about 19 to 20 years old. trated because he doesn’t have a job Can carry a gun but can’t take a drink.” so he starts drinking, and that’s when In contrast to an earlier suggestion that the domestic violence comes in.…Good standards of acceptable conduct have low- “Good police police need to focus more on being pro- ered, one officer explained how policing fessional, finding out what the prob- need to focus has changed over the decades, how a re- lem is, and the bad police officers need form chief in his city in the 1980s played a more on being to think some time before they are so role in changing the face of policing. Until professional, gung ho. that time, police violence was the norm: finding out Later, another officer expressed the diffi- …[B]eing a child of the ’60s, a teen- what the culty of entering a situation like the one just described and explained how, despite ager of the ’70s, and an adult of the problem is.…” an officer’s good intentions, the situation ’80s, I watched the…police department is interactive, and the individual may have go through the change. In the ’60s, a pattern of using violence caused by poor there was no accountability whatsoever. oral communication skills that may make Same thing in the ’70s. [In] the ’80s, the it very difficult to avoid the use of force: department really started changing its face. Twenty years ago, it was accept- [S]ome people…have grown up in envi- able if you got a burglar call, the bur- ronments in which their oral communi- glar was shot, plain and simple. There cation skills are horrendous. The only were no questions asked. [An officer way in which they know how to resolve from another department across the conflict—express their emotions and feel- country agreed. The first officer con- ings—is by getting physical. They beat tinued.] We got a chief…[name omit- their wives; they beat their kids; they beat ted] came in. The face of the police in the dog. That is how they express them- [name omitted] changed.…In the selves. If the dinner was too cold, they ’70s,…you got stopped, [and] you went smack their wife and that tells her the into a panic because you knew…some- dinner was too cold. The kids are mak- thing bad is going to happen to me.… ing too much noise in the other room; And they could walk up and basically he gets the belt and just starts beating knock the hell out of you.…There was the kids to let them know that they are no internal affairs in [name omitted] drowning out his football game in the until 1978. living room. So for this guy to all of a sudden be a human being and treat you Another officer, agreeing that standards any differently [from how] he treats his have risen, that “police operated differently family, once you go into his living in a different era,” suggested that the room,…is a very difficult thing to do. Rodney King case had a big impact on

Rank-and-File Police Officers 7 police accountability—educating the pub- Handling Situations That lic about the limits of police authority, in- Challenge Police Authority: creasing civil litigation, and elevating re- Rules and Practice cruitment standards: The moderator asked the participants to discuss the appropriateness of police be- [E]verybody, I think, is operating now havior in a scenario in which abortion pro- under the post–Rodney King era, in testers refused to leave and were force- which people are probably more aware fully picked up and dragged to a paddy of their rights and the limits in which wagon. One officer responded by describ- police can actually do their job. And ing his own experience with demonstrators “E]verybody…is that holds police to a great degree ac- involved in a newspaper strike. He explained countable for their action. I think de- operating now how he defuses such a situation: partments have come into great civil under the liability in that they cannot afford [any If I am on a line,…I will ask, not the post–Rodney longer] to hire the six-foot-four, 300 ones who are hollering at me so much, pounds, police officer [who]…couldn’t but someone next to them, what are King era, in pour water out of a bucket without [you] guys really fighting about?…[A] lot which people getting most of it on him. But he could of times the police—the rank and file kick butt and take names. as we are—don’t know what the real are probably issues are. So I will ask what is the prob- more aware of Summing up the sources of the definition lem? Then after they explain, I let them of the limits of police authority, of what is know that I understand. Then I tell them their rights acceptable conduct by the police, this of- that these are the rules: you just stay and the limits ficer noted that, “Your morals are guiding back there and I will leave you alone. you, the department is guiding you: policy, in which police Most of the time—I am telling you 95 rules and regulations, society.” percent of the time—they go, “Cool, can actually do Another officer suggested that an impor- cool.” And they will protect me! their job.” tant concept that had been left out of the As these officers reminded each other re- discussion was…“discretion. How much peatedly over the two days, “The bottom discretion you can use, and when to know line is officer safety. We want to go home.” how to use the word discretion.” Asked to relate situations where they had Another officer offered what for him was to deal with challenges to their authority, the key to what makes a good police the officers responded by providing a range officer,…“compassion. If you have the abil- of stories in which they had acted by us- ity to feel, you are going to care about that ing less force than might have been per- person. I don’t care if an officer has missible. One officer described how he had 30 years on the force, if you haven’t devel- avoided a potentially volatile situation: oped that compassion, you are useless as We had the…shooting,…emergency a police officer.” services had to go through a door, and

Police Foundation 8

they had to shoot her because she came alizing the question of authority.…It is not at them with a knife. Right away, we a personal issue whether you hate me. You are the bad guy. I was going down to may not like what I am doing, but it is the court one day on the subway and right community who dictates what the laws are, away, they said, “You shot grandma,” and I am simply following through with and this and that. I had three or four that.” people looking at me like I did some- One officer shared a story, “not a dramatic thing wrong. How should I react to that? story whatsoever,” where he learned the Maybe if I was a young cop,…came limits of his authority. He responded to a “You may not from a nice neighborhood, and was a situation where there was a group of gung-ho kind of guy, I could have es- like what I am people playing basketball, and he wanted calated that on the train and then I to speak to someone on the court. He doing, but it is would have had a riot situation. Or I asked another guy, “Hey, run over there may have had to lock up some- the community and get that guy and tell him to come over body.…So, I took it; I swallowed a little who dictates here.” bit of my pride; I tried to act as profes- what the sional as I could without escalating the Well, the guy told me to kiss his behind; that’s not his job. I thought, just laws are, and problem. me arriving in uniform, I could direct I am simply Another stated that it is because of his com- people and just tell this guy what I passion that he takes “that extra second” following wanted him to go do for me. And that to de-escalate a situation, “by letting them guy told me where to get on and where through.…” vent first and then asking what is wrong. to get off.…I was verbally assaulted.… The first thing they say is that I don’t care, And it made me really think, and it and I tell them that, yes, I do care. Tell me.” really does.…[M]y authority only goes Another officer told a story of being called so far;…I do not dictate [to] people or on a domestic disturbance where the indi- control lives [as] I think I do—or [as] vidual had left in a car. To the surprise of the uniform makes me think I do. the officer and his partner, the individual jumped out of his car and ran when they Officers’ Perceptions of the Extent pulled him over. “We are thinking it is just and Nature of Abuses of Authority a disturbance, so why would the guy run?” The Role of the Media They chased him into a field, where he Expressing a sense that the media, in re- pulled out a switchblade. “He told us he porting instances of abuse, influence the was going to stab both of us in expletive public to distrust all police, one officer said, terms.” The officers spent five minutes yell- “[E]veryone of us gets labeled for every ing back and forth, trying to get him to problem from every city.…When you re- drop the knife, which he finally did. “Would spond on a call, [then] you just did every- other officers have handled it differently? thing that they heard of for the past 10, 20, Sure. There could have been a shooting. 30 years of their life. You just did it, you We could have been hurt. But I think that represent it, and they’re going to take it how we dealt with it [was by] not person- out on you in those cases.”

Rank-and-File Police Officers 9

Another put it this way, “And as far as the bulk of us who are out there doing [our] j- Detroit deal—yeah, we caught heat behind o-b because we believe in what we do.…” that; L.A., we caught heat behind that; and Another felt that police departments needed New York, yeah, we caught heat behind to be more media savvy: that.”

Another said, “[N]o matter what we do in I think that we are hurt as law enforce- [name omitted],…or anybody else does, I ment by our lack of communication have to answer for it. If I go to Portland, with the media.…But I think our lack of willingness to be honest with the Oregon, to see family, say for example, “You…don’t they’re going to question me about what public—and maybe not the lack of will- happened in Detroit, and I have no ingness, but the lack of know-how, to hear about the perceive that [lack] in the media is what connection.…And if I take the approach bulk of us who that the police were right—they were not is damaging us—not necessarily our wrong—I better be ready with my ticket, actions but our inability to relate that are out there my keys, whatever way I came, because to the mass public. doing [our] I’m going to take some heat for that.” j-o-b because The Extent of Abuses of Authority Some also expressed concern about the There was general agreement that a small we believe in accuracy of media reports. Because they percentage of officers abuse their author- tend to present only the dramatic event of what we do.…” ity. One officer referred to the “95/5 rule, police violence, the media neglect the situ- in that 95 percent of the people on the ation that precipitated the violence, offer- department are doing what they’re sup- ing what some felt was a distortion of the posed to do, doing a good job, and…there’s facts: this 5 percent that cause all the problems …I was giving an example earlier with in your organization.” And 5 percent be- the situation in Baltimore. I didn’t see came the rule of thumb generally accepted the 20 minutes of footage that occurred by the participants. At least some felt that before that, in which the three officers these abuses were generally of a relatively are around this guy—please drop the minor nature: knife; please drop the knife. I just saw I think on my part, that the 5 percent the 10 seconds leading up to the point [who cross the line into abuse of au- right before they shot and killed the thority] are usually guys [who] are in guy. I know there was more to the story, violation of some sort of policy proce- but the average person [who] looks at dural error, in that they didn’t take a that particular situation, that’s what they report, or they failed to administer first see. aid when the situation called for it.… One officer suggested that, although in her Of that 5 percent, you probably have 1 city the police receive both bad and good percent that actually goes out and vio- media coverage, the general trend is to lates someone’s rights.…I don’t think report only the negative stories about that 5 percent…that are in trouble police, and in that way, the truth is within the departments are actually tak- distorted. “You still don’t hear about the ing bribes and shaking people down—

Police Foundation 10

you know, abusing authority. I think the public. One officer suggested that he it’s more [that] this guy just comes to found for himself that the solution is to work, his uniform is bad, or he had explain your actions to the people affected: alcohol on his breath today, or what- One of the problems that I think [is] an ever. issue with regard to police work is that One officer suggested that it takes matu- the public requests to be informed, and rity for an officer not to become jealous the officer feels as if he has no obliga- when he sees a drug dealer driving a nice tion to inform the citizen as to what “…[T]here’s car: “And then that’s when he starts doing he’s doing. I’ve found that I’ve elimi- illegal searches, not turning in the money, nated a large percentage of complaints nothing that not turning in the drugs.…And that’s what that I’ve had lodged against me and turns your some of these officers are doing. They’re just [had] an easier time of doing my stomach more putting their hands in the cookie jar,… job by simply explaining to the indi- they’re being caught, and the media [are] vidual what it is that I’m doing.…You …than to find feeding off of it.” find that [with] most police officers [who] find themselves in trouble, it isn’t an officer Another expressed his distaste for officers because he’s shaking people down or who engage in illegal activity: [who’s] doing he’s taking bribes; it’s because he does something And the reality is there’s nothing that not…explain his actions in a lot of turns your stomach more or that’s more situations.…That person is hyped up illegal.…” distasteful than to find an officer [who’s] and that person is really emotionally in- doing something illegal.…[W]e had volved. And now the officer’s emotion- some officers in [name omitted] [who] ally involved. And the next thing you were breaking the law,…were shaking know, the officer says something he down people.…Not only was it illegal, wishes he could have grabbed back and but it was just so personally offensive.… pulled back. You know, it’s the verbal You want to arrest them, but you also assault again, [which] the officer levies just want to throw up at the same time. against the citizen, that hurts him.

One officer indicated that the behavior he The Forms of Abuses of Authority is most concerned about as a police of- When the officers were asked what kinds ficer is “other cops [who] are bigots and of inappropriate behavior they were most other cops [who] are brutal.” He expressed concerned about, they mentioned a range concern that officers are placed in these of behaviors. One officer described “a brutalizing situations without having rela- trend” in his department of “narcotics traf- tionships with police supervisors who en- ficking,” by officers who fit “the so-called courage talking about what they are con- new prototype police officer, college edu- fronting. He argued that “we’re putting a cated, passed all the tests, background lot of young people of all races and a checked out perfectly.” variety of different educational backgrounds A number of the officers expressed con- …into the worst possible environment, and cern about verbal abuse or a general lack we’re just leaving them there.…And then of respect by police officers in dealing with we’re all real surprised when the media show

Rank-and-File Police Officers 11 up and they’re filming this person beating police and community and the expanded the hell out of somebody.” power of the police. He spoke of how he developed a teen basketball league some 12 years ago in the inner-city neighbor- Abuse of Authority and hood where he was then assigned and still Community Policing is working as a community-policing officer. Most of the rank-and-file officers who par- The relationships he developed in the bas- ticipated in the focus group expressed be- ketball league led to the development of lief in the value of community policing. narcotics information and warrants, as well They recognized that it expanded the tools as to a neighborhood “trespass affidavit Most saw available to solve community problems, but program” and other techniques such as community they cautioned about its potential for en- vertical patrol, which are all aspects of an couraging the community to place undue expanded police role under community- policing as demands on the police. They saw a poten- oriented policing. In his words, “All these involving a tial for violation of citizens’ rights; they tools were added to us for locations like much greater doubted a management concern about this so we could use [them] … in our daily corruption. Most saw community policing routine of patrolling.” The basketball league commitment as involving a much greater commitment continues to occupy much of his leisure of time and of time and dedication than traditional time to this day: policing. As one officer put it, “If you don’t dedication I went to a community meeting…in a put in 110 percent as a community officer housing project, where blocks and than or beat cop or whatever, you’re not doing blocks of buildings were…drug in- your job; I don’t care what anybody says.” traditional fested.…And the people were com- Their conversation seemed to assume that plaining about drug dealers…hanging policing. community policing and problem-oriented out late at night, drinking on the cor- policing are the future of policing—a real- ner, throwing garbage out the windows, ity to which management and older offic- bringing garbage downstairs, boom ers must adapt—rather than an experiment boxes, drag racing, fixing cars on the or a marginal activity that may disappear street. It was out of control.…They were or be deemed to have failed in time. yelling at me and screaming at me.… So I started thinking of what I could Community Policing and the do. And I walked around, and on my Expanding Authority and beat there was a local church.…I went Responsibility of the Police upstairs,…and I saw there was a small The officers discussed a wide range of is- gym.…I started a basketball league.… sues that relate to the expanded role of I made out a few flyers.…I had to con- the police in community policing, to the solidate it to [ages] 10 to 14 because I use of civil law, and to the effect of had too many kids coming. community demands and expectations. Well, we built it up a little bit. Kids One officer told a rich story that was about would give me information—not that I community policing and that demonstrates was looking for information, but they both the close relationships between were giving me information on certain

Police Foundation 12

places. We would target them ourselves. people has been “a very controversial or- I would pass the information to narcot- dinance.” The officer described it as “a real ics. I would do my own search war- difficult ordinance to enforce,” with “five rants. And little by little, we cleared up or six criteria in order to even write the each building at a time.… ticket,” suggesting there are easier solutions than trying to enforce this ordinance. We set up another program, called the But some of the public and a radio talk- Trespass Affidavit Program, where we show host have raised concerns that “we have people in the building; then we are just stomping all over the people’s con- “We, as law have the rent roll, so that if there were stitutional rights with this ordinance.” enforcement, people that were outside from other areas coming to buy drugs—and I knew But this expansion of authority also places take there was a spot in one building—I a great burden of responsibility on police responsibility could grab them in the building when officers. As one community policing of- I was doing a vertical. ficer said, “[Y]ou, as a police officer, have for far to wear many different hats: a fireman one I do a vertical patrol, [which] means you too much day, a lawyer another day, a doctor an- go up and down a building and check other day, a marriage counselor one day, in our society it. If I saw somebody coming out that I a psychiatrist one day. It is amazing be- ….[W]e’re didn’t know—because I knew people cause we don’t go to school for that. We on the block—and [those people] don’t get paid for having all these degrees.” feeling…[an] couldn’t give me a good answer…take overwhelming me back to the apartment they were Another community policing officer stated, visiting, they were placed under arrest “[E]verybody’s always looking for the po- requirement for criminal trespass. lice to answer all their problems.” to be everything Now, today, I have 12 teams still doing A third put it this way, “We, as law en- to everybody.” it. I run the program from January to forcement, take responsibility for far too June. It’s four hours a night of my own much in our society.…And I think every time, but I have a good time, more than time someone comes to us, we feel it is the kids, but I can’t let them know that. our responsibility to solve that problem for And I have 120 kids, and a 12-team them.” league. It’s still going strong. Another offered, “I know we’re feeling… just [an] overwhelming requirement to be Another officer described a recent program everything to everybody.” to enforce a loitering ordinance. Police had been using the tool of criminal trespass, There was intermittent discussion about getting property owners to “post their taking your work home with you, whether properties,” as in the above example, in such a move is unhealthy, what to do about order to move “drug dealers and other it, and what its effect on home life is, be- people.” But the targeted population “kind cause the successful community-policing of wised up to it and changed their tactics officer is an individual to his community. a little bit.” They moved to a public park. Officers admitted they gave citizens their The tool now being used to move these home phone numbers and received calls

Rank-and-File Police Officers 13 at all hours: “It never turns off.” But the rules and regulations,…which I have to most striking example was the following: follow.”

I’m down at the shore. I’m down there Perhaps most striking was the officers’ the last two weeks in July and the last indication that a potential for abuse of week in August. I have a beeper. Well, police authority comes directly from the [it’s] a great invention, but community heightened community expectations and leaders beep me. Community activists the closer community–police contact and beep me. People [who] have a prob- relationship that occurs under community lem in the park beep me. You know policing: Perhaps most why: S——, we didn’t see any radio But just an example of the possible striking was car tonight; S——, can you do some- abuse, you get a person who lives in a thing. Could you call up one of the lieu- neighborhood, and [such people are] the officers’ tenants at the desk and give him a heads in charge of a neighborhood watch pro- indication that up [to] send a car over. gram. Or they’ve got a house [that] they know [and that] they kind of get a little a potential for These expressions of the burdens of com- concerned about. Now, it’s not a regu- abuse of munity policing precipitated a discussion lar 911: they’re [not] shooting or there’s of the community’s responsibility in the [not] any kind of real problem. But they police community-policing partnership: “I’m not begin this process because now they authority responsible for all the answers, and some- have…the ear of the police because I’m times the community is.” comes directly designated as the person that they can from the Another said, “[T]he problem is probably call—not just a generic number, but going to come to you first.…But you’ve got now there’s a face and a pager. And heightened they start calling me. Well, I sort of be- all these other resources to funnel every- community thing so…you’re kind of a liaison. And…you come the innuendo police…the rumor deal with the whole family with the idea police. I…hear that so-and-so living at expectations the house is—you know, I think he that eventually you want to totally empower and the closer that whole community so, in a sense, you could possibly be doing a variety of wouldn’t have to be there anymore.” things. I said, well, none of those seem community– to fit with what’s criminal…so maybe police Officers also stated that at times they have in some cases it’s more of a neighbor- to explain to community members that hood personality issue than it is a crime contact.… there are limits to their authority: “Can I issue. And now I’ve got [these people] hit this house two doors down from you? in the community who [have] my ear Probably, if I can get enough information [and] who feel like I’m accountable to that gives me the legal authority to do it. I them.…They’re demanding that I do can’t just go in there and just run through something.…That’s the key piece; [dis- this person’s house just because you say cretion] is being able to tell them— that you think something’s going on.… which is nothing they’re going to want [T]here’s certain legal—there [are] certain to hear from me because they think that

Police Foundation 14

I’m there to do what they want, not to want any cops going into buildings. Why? enforce the law or keep the peace— Because they’re going to get involved in [and] find…a way of telling them it’s something. Or maybe it’s easy for corrup- not something I’m going to be able to tion. Right away, they’re corrupt. They’re deal with for you. going to get into an apartment, or they’re going to get…grabbed by one of the deal- Community Policing and the ers and maybe—let’s make a deal.” Potential for Corruption “You’re asking Asked whether the closer ties with the com- Departmental Structure and munity increased the risk of corruption, one Community Policing a quasi- officer suggested that this was a mis- Some officers expressed concern that po- military type perception held by police management and lice management is not adapting to the some citizens: changing authority structure, namely the organization That’s how these chiefs and higher-ups expanded authority of the rank and file with a very think because…they’re behind closed under community-oriented policing: structured doors. They’re in their offices.…I deal You’re asking a quasi-military type or- with a lot of store owners because they chain of ganization with a very structured chain give me things at the end of the year of command, and you’re asking upper- command, and when I have my championship game.… level and mid-level managers to relin- …upper-level I get donations that go right down to quish some of their authority and some the PA [Police Athletic] office, and I get of their responsibilities.…As a detec- and mid-level a receipt.… They’re afraid that we might tive, I’m bypassing and eliminating the managers get hooked into something with these middleman and going right to the top store owners where—we might give with my plan and my solution, and to relinquish them protection…a slap if they’re do- that’s a threat against everything that some of their ing something illegal…in that commu- you’re taught as a police officer. nity area. And then people [who] live in authority.…” the community perceive this. And they Another suggested, “The problem seems see that we’re hanging out with some- to be…the breaking down of the pyra- body; right away we’re doing something mid…from staff to officer. There is a lot of wrong. And this is why these chiefs and old-school thought…that the street officer everybody—they don’t want to hear this. doesn’t really have the ability to create an And right away, they want to put a bash- autonomous decision.” ing on community policing. And another said:

Besides the potential for corruption from The micromanagement part was our legitimate commercial enterprises, the use biggest foul-up in the system.… of vertical patrol raises some concerns [Command officers from the old school among police management because of the didn’t believe in community policing.] potential for corruption by drug dealers Just go out and lock people up…and when officers cannot be observed by their when you came up with ideas and supervisors: “I [police administrator] don’t things you wanted to try,…they were

Rank-and-File Police Officers 15

reluctant to give you the go ahead on discussion with a direct question that en- it.…If you still have those people [who] gaged the group: Is it unfair to stereotype or are policing from the ’60s and the ’70s is it “smart policing” to know that people of with the same ideas…it’s hard to push certain types—seen at certain hours in cer- new ideas around them sometimes. tain places—are basically up to no good? This question led to a lively discussion that One officer suggested this ideal for super- began with an insistence on distinguishing vision under community policing: stereotyping from profiling, with the assump- You have to have immediate supervi- tion that stereotyping is bad, while profiling “You have sors and mid-level managers [who] trust is ethical, though its legality has recently been you and trust your judgment and [who] limited. By the end, the two seemingly dis- to have parate terms were comfortably conflated. give you latitude to make decisions. immediate And even if you fail in your decision, One officer suggested that profiling is “ethi- they cannot…micromanage. I guess cal to a certain degree, not necessarily… supervisors they have to allow you to be innova- right. But you have a good feel of whom and mid-level tive, to express yourself, to not be afraid you are dealing with. I mean I can tell a managers to come in with an idea and implement normal person—a normal student—be- that idea. I think that’s very important. cause I deal with a lot of kids. If I see a kid [who] trust walking, I can pretty much judge what kind Others suggested that they encountered you and trust of person he is.” But as he explained, problems, not with management, but with “We’re careful about stereotyping. The term your judgment veteran officers who are not serving as we use is profiling.” Several officers ques- community-policing officers: “[S]omething and [who] give tioned the difference between the two that we’re experiencing right now is that terms. Then one provided the working you latitude to neighborhood officers are over here; pa- definition in his gang squad: trol officers are over here. And you’re kind make of looked at as this special group, and you The way in which we have the prac- decisions.” get to kind of adjust your hours.” tice in our department, I should say the practice in gang squad, to differentiate between stereotyping and profiling, is Societal Factors That Affect that to stereotype we go strictly…[on] Abuse of Authority physical appearance. Profiling would be The Effect of Race and Ethnicity the physical appearance, the location Although we considered that the topic of in which the person is, and what [such race as a factor in police behavior—suspi- people] are doing in that location and cion, investigation, stops and searches, use what others are doing around them. of force—was important to our consideration of abuse of authority, we were uncertain Exploring the meaning of stereotyping and whether the participants would be willing profiling, one researcher described an ac- to talk openly about their perceptions. As tual incident where two black teenagers with all other topics addressed, we were driving around in a white neighborhood impressed with the apparent thoughtfulness were approached by two officers with their and frankness of the officers. We began the guns trained to the back of the boys’ heads.

Police Foundation 16

Two African-American participants took the more-compassionate recruits who have “an lead in responding to the situation. The understanding of things and can resolve a first admitted that he had been the recipi- situation without it resolving or ending in ent of similar treatment, “I have experi- conflict”—if only to limit lawsuits. enced the same things that you have ex- Another African-American participant re- perienced.” But he maintained the legiti- called that while “growing up in [name macy of stopping someone at certain times omitted]”…he too “was stopped many on the basis of a sense that they have “no times.” But he noted, “One of the major business being there,” because it is what factors is the time, the era for which that “…[T]here’s… the residents of the neighborhood want: happened to you.” Like his colleague, he a very fine I’m from his hometown. I understand felt that such stops based on “profiling” line between what you are saying. I have been on the are justified: other end. I haven’t been a cop, as I say, So…I tell the kids now, so what [if] you stereotyping all my life. I have been stopped. I have get stopped. So what [if] you get pulled been stopped by white officers in mostly and profiling. over. So what? As long as you have all white or predominantly white neighbor- If it has your paperwork in order, which you hoods. I understand that. I think there’s— should have, there is nothing that an a beak and and I think everybody has been discuss- officer can do to you as long as you ing this—a very fine line between ste- it quacks, are in the right. If [an officer does], then reotyping and profiling. If it has a beak you have a legitimate complaint. If we it’s a duck. and it quacks, it’s a duck. Regardless of stop you and you have got all your stuff what it calls itself, it’s a duck. Regardless together, hey,…Excuse me for stopping of what it If you are walking down [or] if I was you. I’m sorry that I delayed some of walking down that street,…I have been your time. Okay? calls itself, stopped during the middle of the day,…I A white officer suggested that sometimes don’t think that necessarily my actions it’s a duck.” race is seen as a factor when it may not warranted a stop. But if I am…walking be. He told a story that began: down that same street at 3:00 in the morning when everybody else is asleep and …just after the Rodney King trial, I had really no business being there, I maybe the day after, my partner and I, cannot justify my actions for being there. both white, we [are at] work in a pre- I have no legitimate address I am going dominantly black neighborhood. We to or coming from, and, therefore, I see a couple of guys in a car smoking warrant the police to stop me. dope, so we roll up on the car. I go to the driver’s side and say, “Hey, sir, I see If I live in that neighborhood, I don’t you are smoking dope. Put your hands care what race he is or what ethnic on the steering wheel. Don’t move.” He background he is, I want the police to is more or less buffered—I mean the be- check that individual out and why he havior, what he is saying to me. He is is even there. not indicating that he is compliant. He’s The officer expressed hope that the police uncooperative. department is hiring better-educated and

Rank-and-File Police Officers 17

So I become a little bit more concerned cause of what I do [and] in terms of the for my safety. It’s very low light, a relationship we get in.…We don’t ever couple of guys in a car. We don’t know have time to get to know each other. who they are. They are not searched, Relinquishing the distinction, several offic- so I have them get out of the car. “Put ers agreed that “[s]tereotype or profile or your hands on the back of your head, whichever word we choose to use…sort and lock your fingers.” I grab hold of of keeps us alive.” his hands. “Now step out of the car.” …I don’t know if he and his partner Citing a Maryland study that suggested Af- are going to start shooting at us or what. rican Americans are discriminatorily the …[S]everal subject of traffic stops, we rekindled the officers They step out. I go to handcuff him. race discussion by asking whether police He physically resists it. He tightens his engaged in racially discriminatory practices agreed that whole body up. I am thinking—he kind or if this was a false perception held by “[s]tereotype of starts crouching down. I’m waiting the minority community. The term “dis- for his hand to come off the top of his crimination” seemed more evocative than or profile or head, to [go] into a waistband. I ended did stereotyping or profiling. One officer whichever up getting him cuffed up. We got the tried to refine when it was acceptable to dope. He was dealing marijuana out of treat people by appearance, suggesting that word we the car. They [were] smoking marijuana. the standard should be: “I think it’s dis- choose to criminatory if I am judging somebody based But we get in court several weeks later. use…sort of on something that they have no control He says, “I saw what happened on TV. over.” Thus, returning to the earlier ex- keeps us I watched what the white police do to ample, he argued that “[y]ou are a teen- black men.” He sees me walk up on alive.” ager; you’re black; you are in a white neigh- him, and he begins to see me in a par- borhood; you are driving. You have no ticular way. control over the color of your skin. For me I begin to see him as a threat to my to stop you simply because you are safety. [When] we both sort of start look- black…would be discriminatory.” He con- ing at each other as men in this way, tinued in this direction, “However, you are that’s not really good for either one of a teenager who happens to be black, who us. I mean it’s good in a sense because chooses to dress like a gang member, who we’re not going to die, but it’s bad in a chooses to hang out with several other gang sense that now I kind of see him as a members, who chooses to be tagging in a guy who is not a very nice person, and neighborhood. Now I stop you. I think I don’t know the man. He…starts maybe there’s a difference. You had a choice.… seeing me as this racist, brutal, heavy- I think…we can base a lot about how a handed white cop. person is dressed.” Another officer suggested this approach I have got to walk up on that car. But does not always hold up in court: one of the things I don’t have to like is what happens to me because of what I Then when I go to court, the kid [is] do, and what happens to people be- wearing the gang attire, standing on the

Police Foundation 18

corner or whatever. He’s got his mom discriminated—are more likely to dis- with him, his dad with him, and a lot criminate against black, Asian, or His- of family members. They have got a panic people. lawyer, an American Civil Liberties …I’ll give you an example. We’re sit- Union; they are pissed off. Then the ting around a table at a chief’s forum.… media [have] gotten in the middle of it I work in the black community. I have and [are asking], “So that’s good police got a black man sitting next to me who work? This just kind of seems a little is a leader in the black community. He intrusive to us, officer.” …[S]trong says there [have] been X number of As a result, his department no longer con- gang homicides on this street over the police dones this activity: “[T]hey went the oppo- period of the last couple of weeks, and presence in site liberal extreme. Our chief told us that we need to do something about it. We have got a white guy sitting across the minority if you see a kid who is dressed in gang- bang attire [and] who is in the wrong neigh- table who lives near one of the white communities, borhood at the wrong time, that’s not area high schools. He says, “Well, the which have enough to contact him.” problem in our neighborhood is smoking off campus. The chief is sitting Another officer said her department also traditional there. He’s [thinking], “Let’s see. We’ve would not permit such a stop: policing, got people dying over here, and we’ve We don’t have routine pit stops or rou- got Mr.-let’s-not-have-kids-smoking contributes to tine core stops. I mean, I can’t assume over here”.…How can you help but the negative because you are wearing your hat back have the disparaging sort of view from with your pants back—they are falling the different racial populations about view of police. down—that you are out there selling police authority. I don’t see how you drugs. You might be a college-educated can get away from it. person that liked that type of dress, so Another officer, also not surprised by the we can’t assume that. We are held re- poll, suggested that the strong police pres- sponsible for that kind of thinking. ence in minority communities, which have The moderator cited a national poll that traditional policing, contributes to the nega- reported that while 63 percent of whites tive view of police: stated they had a great deal of confidence [I don’t know if] the traditional way that in the police, only 26 percent of African we do policing [is] reflective of every- Americans felt that way. The moderator body’s department.…The majority of then sought participants’ reactions. One police stations or policing, as it were, officer made these observations: are situated or centralized in predomi- I can see why, though the people who nantly black or minority communities. are black might be more inclined to Therefore, most of the police contacts have less confidence in police because that occur during the course of a day police historically are predominantly are involving blacks or people of color.… white.…I think white officers—those Most of those contacts have to do with that stereotype or those that have enforcement, either that or the police

Rank-and-File Police Officers 19

have been called in again to remedy or You have certain cultural groups—be- resolve a situation. cause of where they come from—[who] come to America. They have their own Race and Community Policing fear of police. We [police] have to go in The view of the officer who saw a strong, and break down that fear, set up com- but negative, police presence in minority munications, set up information, open communities was that community policing those lines of communication, [and] bring can be expected to improve the confidence them into the fold. level in the police of African Americans. “We [police] This view was shared broadly among par- The Culture of Policing ticipants. As he suggested, In seeking to understand how much the have to go in By seeing the police in a different light culture of policing contributes to abuse of and break and seeing them as not just people who authority, we focused on two aspects at- down that go in to enforce the law and to effect tributed to police culture: (a) the “us-ver- an arrest, but [as] problem solvers and sus-them” mentality, with its premise that fear,…set up police officers who are in constant contact facilitators in that they help guide and information, direct people into situations—help re- with problematic citizens tend to view all solve their problem—I think that num- civilians suspiciously; and (b) the “code of open those ber [26 percent] is probably going to silence,” in which police officers protect lines of go up. It has no choice but to go up. I (by not reporting) their fellow officers in mean,…the police are now helping out situations involving inappropriate or communication, as opposed to the bad guy [who] comes abusive police conduct. We began by ask- [and] bring in and just drags people out of a neigh- ing whether the participants believed there them into the borhood and takes them away. was an us-versus-them mentality and what its role might be in the abuse of fold.” One participant prescribed community authority. policing to improve race relations, with- “Us-versus-Them” Mentality out actually naming it. He saw One participant referred to a scholarly ar- …race relations improving with the ticle that described the psychological and amount of police that you are able to physiological response to living with the put on the street. The more police that dangers of police work on a daily basis: you are able to put on the street, the When you go out into the street and more police officers will be out there you make contact with somebody on a [and] be able to do one-on-one com- call or a car stop…you begin to see munity involvement. There is no way people, anybody, anywhere, as poten- you are going to improve relations on tially a threat of death to you. So you an amicable basis…when all your develop this vigilance for work: I’m officers are able to do is answer runs. ready. I’m on. I’m prepared.…And then One officer who worked in community what happens is [that] you sort of turn relations saw the solution in expanding that [approach] into hypervigilance.… communications, which is also a feature You’re always…looking over your of community policing: shoulder;…you’re a little more aware

Police Foundation 20

than the general public about dangers However, the participants felt that this vigi- that you encounter.…And then, over a lance does not lead to problems. More se- period of time, you [need] something vere manifestations of the us-versus-them to check that. In other words, people mentality can cause potential problems. don’t get on the phone to 911 and tell Participants described a type of police of- us how good their life is going;…they ficer who is intensely identified with his get on the phone [to] tell us when things role and who may be “the ones that don’t are horrible. So those are the kind of make it”: experiences that we have over a pe- You’ve got a lot of guys [who] are cops “There’s riod of time [that] can divide us. And in the day.…They hang out with cops. we may respect people.…We may an over- They talk about cop stuff. All they do be thinking compassionately.…But is cop, cop, cop, cop, cop. And those identification ultimately…you begin to see people as are the guys [who] are in that hyper- with the police a threat of death to you. vigilance mode. These are the guys role. In other A number of participants acknowledged [who] read gun magazines.…And, words, police that the us-versus-them mentality is a cor- you’ve got to wonder about that. ollary of the requirement of their work that Conversely, one officer suggested that the work becomes they be vigilant at all times. It is an attitude attitude described as problematic was more that never leaves many of them, on duty your life….” common than the more-balanced attitude or off. Two described experiences in that the participants were claiming, and he traveling to Washington, D.C., for these implied that the participants may not be meetings: all that different from the supposedly more- We were talking—this is ironic again. extreme adherents of the us-versus-them We were talking the other day about mentality: going in restaurants and…we kind of There’s an over-identification with the [took] an unscientific poll. How many police role. In other words, police work of us sit with our back to the door as becomes your life in some ways. The opposed to sit facing the door? How people who are here in this room—in many of us read customers that come many ways in my experience—are the in there? And we were talking about exception. I mean, I know a lot more keeping our eye on the cash register. people [who] are acting and behaving We’re almost expecting something to in the ways that we are characterizing happen. than people who live and act and be- Or in the cab. Everybody was talking have as we’re saying we do. about [being] in a cab.…We’re in a city Comparing his life to that of his brother we’re not familiar with. Get in a cab the banker, one officer admitted to living with this guy. It’s the middle of the with an us-versus-them mentality: night, and we’re driving, and, oh, okay, he’s taking us somewhere to kill us. All [W]hen you’re bombarded with nega- right. So what do I do now? tive all day, pretty soon that becomes

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your life, okay, because you are out population of officers in their departments. there doing it to save your life or save They joked, “Oh, I think so,” and “The the life of others.…But as a police of- department will not send one of them to ficer, I have to be concerned with my Washington.” Because the participants con- life and everybody else’s. sidered themselves “exceptions to the rule,” they were asked how they personally man- Another officer admitted not being so far aged to avoid the more-negative aspect of from the gun-loving officers characterized the us-versus-them attitude. The partici- earlier: pants credited their own personal integ- I agree with…your over-gung-ho rity—and often their religious or spiritual “[W]e work people with the gun magazine promot- beliefs—with being key factors in avoid- 8 hours a day, ing guns and this, that, and the other ing those attitudes. They also suggested 40 hours thing. I like guns as much as the next involvement with positive people or ex- guy, but I’m nowhere near that. But I periences, and humor. Typical comments a week, for a included these: do have something to say. In my expe- combination rience, the [military] veterans are… I think it is filtered out by how much of 30 seconds some of the best police.…They usually you are involved in other things other find a common bond. Yes, a lot of them than your job.…[Those who] are in- of pure, sheer come out of the chute a little too fast.… volved in church…get to see the good terror that can But some of our veterans are some of side of life. For most of us, kids suck the best guys you can depend on.… because the only kids we deal with are come at [W]e work 8 hours a day, 40 hours a kids who are problematic. I’m lucky any…time. week, for a combination of 30 seconds enough that I’m involved with the youth of pure, sheer terror that can come at group at our church. So I see the best I can’t think any unknown time. I can’t think of an- of teens also. And that kind of balances of another other occupation that’s like that. That’s things. If you don’t seek out the best in occupation where the understanding comes in.… [kids], all we are left with—with this I’m asking you [the public] to sympa- job—is the worst in [kids]. And you have that’s like that.” thize. You’re [the police] supposed to to actively do that, otherwise you will be perfect, perfect…up to the point become mental[ly] unstable. where you make a minor mistake. Then you’re held with a level higher, held to I think in myself, anyway, [that] I have higher accountability. a great appreciation for life after seeing death. You see people die [at] a Thus, as the discussion progressed, it be- young age. You see so many things that came apparent that from the participants’ you see the worst in people and you viewpoint, many police officers have the see the best in people. And you really more-negative version of the us-versus- kind of balance it out. them mentality, and perhaps the original distinction was overdrawn. This revelation You have to use every tool that you led to questioning whether the participants can. Because of my demeanor, I use felt they were the exception to the general humor to bring about some levity, to

Police Foundation 22

bring about some light in stressful situ- forms of the us-versus-them mentality, the ations. [It is] by no means demeaning, participants generally felt that type of of- but I try to bring about some light. ficer does not remain very long in the police profession. Comments included these: I feel the spiritual side. I know what guides me because I would have They’re the ones that don’t make it.… burned out years ago. I know how to Four or five years, burned out. They get bow down to that. I know how to ac- injured, get hurt.…And they’re the concept it. I know how to find it within stant revolving door of law enforcement. me. It’s what drives me. A lot of offi- …[P]articipants Get hurt mostly. cers will not admit to a spiritual side indicated the until it gets tested. The participants indicated the need for need for more more experienced officers to take a lead What does it take to humble you as a in helping officers cope with the stress of experienced police officer? It may be something as the job and their personal lives: officers to take simple as an old lady you’re giving a ticket to who will give you her license And you help the other police also with a lead in and say, “I need to come off the that [seeking the best and not the worst helping officers road”.…Or it may take a kid whose in the job].…You help other police of- mother just got killed by his father, you ficers. Because when they had a prob- cope with the know. What is it going to take for you lem, their own personal, they’ll come stress of the job to come back to reality and realize that to you because they see you in a you’re just a cop? You’re just somebody certain light. And they see [that] you’re and their out here doing eight hours. always working with kids. You got some- personal lives. thing I can do with a kid.…So you be- You have to keep that spirituality within come a reference point for them.…And your heart because God is the one that I find it ironic that we, in community watches over you, protects you from policing, help the community. But what that unseen danger.…I tend to find happens to our problems? myself bringing that spirituality in the community and that gets rid of that us- We still have everybody [who] gradu- versus-them because that’s when the ated [in] our class in the department, devil gets involved. and everyone is doing well and we keep in touch with each other. [When] I’m going to take care of my family and somebody has a problem, we can call that’s one of the things. Here I’ve been one another. doing this job for 10 years and prior to that, I didn’t have the sense or the feel- Our department has a mentor officer ing in that very strong way. So that’s an program. When new guys come on, the important point for me. Sort of a stake training department looks at the old in the ground in terms of taking care of guys [who] have been on a while like myself, taking care of my family. we’re looking at one another here and saying, you know, that guy is a guy While acknowledging that a number of [who’s] doing something right.…They officers exhibit these more problematic take guys like me, and they pair me up

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with a brand new guy.…You just talk using what they have.…So that dimin- about whatever interests him.…Of ishes that us-versus-them because course, new people want to know they…get a chance to know a police about being a cop, and my job as a officer or know the community on a mentor officer is to make sure that he first-name basis. understands everything: how to be a The participants agreed that all police of- 20-year veteran, how to retire from the ficers exhibit some degree of an us-ver- job, not how to make it necessarily the sus-them mentality—as a mechanism for year. FTOs [field training officers] will survival—but that attitude in a more ex- take care of that. You’ve got to make Community treme form can cause problems with the sure that they are human beings and community’s perception of the police. Com- policing was members of society for that entire munity policing may prove to be an im- career. …seen as a portant key for addressing the problem by critical Community policing was also seen as a creating more-positive interactions with the critical component in preventing the us- community that will, in turn, provide of- component in versus-them mentality by allowing officers ficers with a more-positive perspective on preventing the the opportunity to have more positive con- the people they serve. tacts with the community. As one of the us-versus-them participants commented: Code of Silence mentality The topic of the “code of silence” or “blue I think when you’re in control also, you by allowing see the community in which you work wall of silence” generated more controversy a little differently than a community than any other topic discussed. The dis- officers the police because you’re in service. Okay. cussion began with a flat denial: “I’ve got opportunity The radio dictates your movements, to tell you: there is no code of silence.” to have more your time. The only time you’re in con- However, even this naysayer before long trol is when you take a personal or admitted to what amounted to a code of positive silence, though he preferred to call it when you take lunch. When you’re in contacts with community policing, you dictate what “police subculture.” happens. You control the pace.…Most At first, some held that the code of silence the community. officers I’ve seen who come out of was a media creation and was based on patrol…[when] they come into a posi- isolated incidents that would negatively tion in community policing, they sit stereotype the public’s perception of the back. Say, for example, in a situation police. Others admitted it exists and poses like this [the focus group] and it’s, “Oh.” problems, but they suggested it is not as The sigh of relief. You’re in with people pervasive as is sometimes depicted in the [who] have education, [who] have a media. The officer who denied outright that home, [who] have interests other than a code of silence exists immediately de- robbing a bank, taking drugs, beating scribed something approximating such a on kids, or whatever the case may be.… code for minor transgressions. What If they were in service [patrol], what- concerned him was that people would ever skills they have, now they can suggest such a code applied for criminal come to surface. In other words, they’re activities by fellow officers:

Police Foundation 24

The code of silence is I take care of admitting to the possibility of the wall of you, you take care of me. Yes, I might silence resulted from the kinds of activities drive a drunk officer home. We may that were permitted to stay behind the wall. overlook the minor things. They’re in What kind of “police misconduct” was be- no way infractions upon society or other ing ignored? Whether the term “police mis- police officers.…Good police officers conduct” referred to officer violations of police other police officers. Nobody minor departmental rules and regulations, does that stuff in front of me.…But the or to criminal violations committed by media take that and run. Code of si- officers, affected the participants’ perceptions …[P]articipants lence. Code of silence.…I’ll protect just of the code of silence. The participants …insisted… about anything: your morals, your foun- consistently insisted that for them no code dation, your beliefs.…But I’m a crimi- of silence exists for incidents involving no code of nal, and you’re going to look out for criminal misconduct by a fellow officer. silence exists me. No way. It’s just the opposite.… One officer admitted he might turn his head So that code of silence…insults me per- for incidents while his partner “smack[ed] a crook,” sonally. Its credibility. involving though he would not tolerate stealing: Another officer stated, “[T]he blue wall of criminal silence, Louima thing, blue code of silence, No, I’m not going to tolerate your stealing in front of me. Okay. I’m not going misconduct and everything else,…this is all stereotyped in the media. Whatever the media see and to tolerate your abusing your family in by a fellow whatever they print, people perceive that front of me. Am I going to turn my head while you smack a crook?…It officer. to be true.” depends.…Then is my partner going Others agreed that the media exaggerate to tell on me? Maybe. Is the crook go- the wall of silence: ing to tell? Maybe. But that’s something I think it does vary from department to that I did.…I think it’s upon every of- department, jurisdiction to jurisdiction, ficer, if he’s going to do something…is but, in general, I think certain people it something that I’m going to get in in the media or just certain people [who] trouble for or is it something that I won’t have been violated by the police would get in trouble for? If there’s a chance suggest that it’s so pervasive that’s it’s I’ll be getting in trouble for it, going on everywhere.…I’m not a fink, 99 percent of the time I’m not going to but if it comes down to [my] getting on do it. the box [trial stand] lying for you or One officer described a rejection of the [my] putting my family out into the soup code of silence in his unit: line, I’m not going to lie for you. If somebody has done something, our All it takes is one incident. One nega- unit has an understanding. Nobody lies tive. And then the media come in and for nobody. You don’t do something they blow it into like that’s what goes as my partner that I have to lie for you. on every day, all day. …If you are going to require me to lie As the discussion continued, it became for you, then I don’t want you as my apparent that much of the resistance to partner…because now what the hell

Rank-and-File Police Officers 25

else are you going to require me to lie [Officer 1] “Now,…my question to you for you over? is what is your line? Are you saying as Another officer emphasized drawing the far as, let’s say, a felony, that a fellow line at felonies: officer would commit or [are] you saying some minor rule or regulation? A [T]hat’s a felony. There’s no cut and dry cop didn’t wear his hat.” when it gets to that point. If he puts you in that line of fire, he’s not your [Officer 2] “Tell the truth or get sus- friend anymore. He’s not your part- pended for 30 days without pay.” ner.…It’s not, well, you know, no [Officer 1] “It depends upon the in- “…[O]nce you problem.…But once you cross that line stance.” into felonies, you can forget it.…I don’t cross that line [Officer 2] “No. It depends upon know a cop out there [who’s] going to whether or not I tell the truth or lie and into felonies, go to prison for another cop. my family is put out and inconve- …forget it.… Another suggested that there are those cops nienced as a result of some indiscre- who get involved and those who don’t, tion or action as a result of you.” I don’t know a and the dishonest cops know the differ- cop out there ence: “The cops that are doing these kinds [Officer 1] “It depends upon the inci- of things…they know the cops [who] have dent. Are you going to tell on your part- [who’s] going to ner because he didn’t wear his hat?” integrity [and] who are concerned about go to prison for their images.…As a result, they don’t pull [Officer 2] “…well, we don’t have to you into that.” wear a hat.…” another cop.”

Some participants felt either it was their [Officer 1] “You say you are required to duty to report even small departmental wear your vest.…Are you going to tell rules violations, or at least they would not on your partner because he didn’t wear cover for the violators if asked, because his vest?” participating in that way could, if discov- [Officer 2] “I’m going to hope my part- ered, jeopardize their pay. That is, the cost ner doesn’t put me in that position, but of upholding the code of silence could be if my supervisor—” too high: “I’m not a snitch, and I’m not a fink, but if it comes down to [my] getting [Officer 1] “Would you tell on your part- on the box [and] lying for you or [my] put- ner if he didn’t wear his vest that day?” ting my family out into the soup line, I’m [Officer 2] “If I would voluntarily go be- not going to lie for you.” Whichever posi- fore my supervisor and say, [he] didn’t tion was taken on whether to report such wear his vest. No.” infractions, the decision was generally [Officer 1] “Why?” viewed as being at the discretion of the individual. That discretion included [Officer 2] “That’s not my position…if whether to report the violation to superi- the situation reversed, if the supervisor ors, to report only if asked, or to remain came before me and asked me the ques- silent to protect the officer. The following tion, you know, I would have to de- dialogue between two of the participants cide at that particular time, but I’m go- illustrates the minor rule violation dilemma: ing to tell you here’s where it escalates.

Police Foundation 26

If the supervisor says, tell the truth or Now, as far as…we have to wear our do 30 days without pay. Well, he didn’t hats if we’re in uniform.…So if I make wear a vest.” a run and a citizen drives by and sees my partner without his hat on…and I The discussion suggests that for one of the get questioned about it later on, I don’t participants, his assessment of the serious- know. He may have had on his hat. I ness of the incident and the possible con- wasn’t paying attention. Do I know for sequences (e.g., disciplinary action) of his sure? Maybe I do; maybe I don’t. Is it failure to report the incident were critical going to affect my paycheck? That’s factors to be considered in the decision to “Where they what he’s [the participant] thinking. If “tell on your partner.” Similar points of view it affects your paycheck, yes [partner [the public’s were expressed by other participants, al- was not wearing hat] because now though one participant felt that it was not perception] you’re affecting his livelihood. But if at the officer’s discretion. That participant it’s something as minor as that [violat- hold you over emphasized the need for the officer who ing the policy on wearing a hat while the barrel is did not wear a hat or vest to be account- in uniform], I don’t care about that. able for that action and not to place a fel- they constantly low officer in an awkward position when If it comes down to something as stu- want to attack questioned by a supervisor. Reactions to pid as a hat, and we’re sitting next to the minor departmental rule violation ex- your level one another and the supervisor [asks], ample included the following: of discretion.” “Was [the officer] wearing his hat?” It’s Where they [the public’s perception] up to [that officer] to say, “No, I wasn’t.” hold you over the barrel is they con- And if [that officer] doesn’t, he wants stantly want to attack your level of dis- to make me lie over a hat? No, nega- cretion. They want to say, “Okay, you tive. I tell my supervisor the exact wouldn’t tell on your partner for not truth.…I’m not going to lie for you nor wearing his hat, not wearing his vest?” are you willing to require me to lie for So what’s to say that you’re not going you.…No [it’s not discretion]. We po- to tell on him for robbing a bank, tak- lice ourselves in that way because…if ing a handful of money on a burglary anybody wants to make me lie for call out of the open door in back? them, then that’s somebody that I cer- Whereas you’re susceptible to not turn- tainly do not want near me.…I’m going [him in]…from wearing his vest or ing to tell the truth, and then that per- wearing his seatbelt. What’s to say son is no longer a part of whatever, you’re not susceptible for the thing? whether it [the incident] be minor or Same thing might be susceptible for not major. And criminal violations are way writing a traffic ticket when you blew out. You don’t wait for somebody to ask that stop sign yesterday. It was my dis- you over. If it’s a criminal violation,…you cretion. It’s the same thing that makes take care of that [person] immediately me take the driver home on a DUI [driv- with your supervisor and that’s taken ing under the influence] rather than care of. arrest him.

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[Participant’s response to the comment there. All right.…For me, it’s better for made above.] That’s why that term [code my partners [whom] I’ve worked with to of silence] is insulting to a good cop. know that yes, if you do something ri- Any [officers who push] me in that line diculous, I’m going to let it be known of fire [criminal violation], they brought because that keeps them in line and that on themselves. They asked for it. keeps me in line. Okay. And then there’s no question. The focus of the foregoing discussion was a situation involving the violation of a mi- No. You take me right out of the dis- nor departmental rule or regulation. We cretionary loop once you do that. If “…[A] bad wanted to find out the participants’ per- somebody is in jail, and you decide to spectives on situations involving more se- give him a good crack, you took me cop will force rious (i.e., criminal) forms of police mis- out of my discretion. You put me now you to try to conduct. An example of a situation involv- into—you forced me into—the role that ing serious police misconduct was I’m already in as a police officer. Now remain silent. suggested by one of the participants: “Or I’m forced to police you. You put me He will use the popular one. The handcuffed pris- in the line of fire.…So you’re account- put you on oner [officer physically abuses prisoner]. able at that point. That’s the most popular.” the spot.… The attitude has existed here [his de- Thus, we asked the participants to provide partment] a number of years where you I hate it.” their views on a situation involving a fel- don’t burn blue. The so-called bad cops low officer whom they witnessed striking will put you in that position, and they a handcuffed suspect. The consensus will try to rely on your loyalty. You see among the participants was that officer dis- me slap him. It’s like okay, you don’t— cretion, as a factor in the decision to rein front of all the guys. Because of the port the offense, would be totally elimi- moral issue, do I say, “Yes, you did,” or nated. In addition, some indicated that the do I say, “No, I didn’t see.” It’s up to individual officer’s own moral code would the individual officer. You do something be a crucial factor in the decision-making criminal, [and] you put me on the spot— process. Typical comments included the indicted, you be a man and you handle following: yours. Don’t force me to force you. Certain lines I don’t cross. It’s an indi- I’m honest. I’m not going to bull here. vidual thing.…But a lot of cases we I’m telling you exactly the way it is be- won’t come forward, but when the cause I don’t care. All right. I am not department finds out and we’re put in going to,…let’s say, tell on my partner the line of fire, yes, you know it, we about things—and I understand what know it.…But a bad cop will force you he’s saying—things that do not pertain to try to remain silent. He will put you to my paycheck or to my life, my per- on the spot, and I don’t appreciate it. sonal life. No, I’m not. But if there’s a I hate it. chance that it could come back and cause stress and strife in my personal life, with- [Y]ou are who you are and you are what out question [I’ll tell]. You hit. You know. you are. The badge and gun only em- You should have done it when I wasn’t phasize sometimes what it is that you

Police Foundation 28

are as a person. You have your own I’ve gone through doors with…who has set of morals. And yes, the department gotten out and now he’s put me in this has [its] set and the society has [its] set, situation. What the hell am I going to but you yourself, when you talk about do? code of silence, you know what you’ll Well, the easy way for me to do it is to be able to do and what you’ll be able shut up and sit back, and let the investi- not to do, and it’s up to you to make gation start. And let me see what I may that decision. have to say. I was going to take that “…[I]f your To provide further illustration of the per- approach until my partner called me sonal dilemma that an officer contends with …“you can’t tell them what went on.” partner does in making the decision whether to report And I said, “Wait a minute.” And I police misconduct, one of the officers re- something started…[comment made by another called an incident that he was involved in felonious and participant] [to say], “Is this going to with a partner. In his discussion of that affect my house?” Yes. Because…if your you do not incident, he framed his story in terms of partner does something felonious and the earlier discussion of the code of silence say anything you do not say anything about it…you as a way to understand the personal chal- are in just as much trouble as your about it…you lenges that an officer can face: partner.… are in just as I had a partner when I first started work- So I was going to be quiet until they much trouble ing vice. On our way to one of the bomb asked me. I wasn’t going to volunteer. as your threats, my partner happened to see his That’s the way a lot of officers do. They girlfriend in the car…with her boy- [think], “Well, I’m not going to say any- partner.…” friend.…I don’t know the girlfriend. I thing until they ask. If they ask me, don’t know the boyfriend.…I didn’t well, I’ll make a decision then.” Which know anything.…I had no idea what the is what…[comment made by another hell was going on. My partner says to participant]…I did that until he called me, “Hey, that’s a friend of mine.…See me at my home and asked me.…In fact, if you can pull them over so I can talk to he demanded, “You can’t tell them what her”.…I pulled over. I got out. My part- went on. Man, I’ll be—I’ll lose my job.” ner got out. And he got into a physical altercation with this young lady. And so I said, “Wait a minute. If I don’t tell I began to get out of the car to break this them, I’m going to lose all those same up. Her boyfriend got into this alterca- damn things that you’re talking about. tion also. My partner’s gun was drawn, This wasn’t my girlfriend.…But you put and he feloniously assaulted both of them me there.” Which is what…[comment with the gun.…He beat them. He pistol- made by another participant] is talking whipped them.… about.…If you think, as an officer, that you’re going to do something that’s Now, I’m standing there scratching my going to jeopardize your partner or that head going, “Oh, shit. What am I going you yourself could get in trouble for, to do?” Here this is my partner who is you better not do it in front of me. watching my back many times, whom

Rank-and-File Police Officers 29

Noting that the participant initially felt he question is, are you protecting the code should wait for an investigation or until he of silence by—even allowing—know- was questioned by a supervisor rather than ing inevitably you’re going to go ahead come forward to report the incident, we and break down? But are you, in a asked if that was a common approach sense, I guess, enforcing the code of among police officers. The perspectives the silence by waiting as opposed to… officers brought were theoretical when knocking on the door. Hey, I got some- compared with the actual experience the thing to tell you? That’s a tough call. first officer related. Several officers spoke Another officer invoked both integrity and of a higher standard to which police are “…[A]nother the higher standard to which the police held. For example, “We don’t have—the are held, which favor calling and report- thing…is public doesn’t have those expectations to- ing the incident: ward those people [people in private or- the subculture ganizations]. [When] you look at us, we But ultimately, your integrity is going of police.… are held to a higher standard.…And we to be more important to you over your [L]et there be accept it…you have public accountability, career than your loyalty to one another just like politicians. You have an account- is going to be. And the public does hold a snitch in the ability to the public.” us to a higher level.…I mean, it’s [the department… public] certainly [having] the expecta- One participant said his approach would tion that we are not liars and thieves. and we have been immediately to call his supervisor: A frank discussion of the pressures of the absolutely subculture of policing was offered by one I would handle that differently.…And hate him.” participant: there’s no right or wrong, but as soon as that person committed that act, then I’d say another thing…is the subculture [it’s] up to the supervisor to make that of police.…Subculture policing helps decision. My supervisor gets a call and hold that down. There’s a lot of guys then he makes the decision…when [an [who] would say things but don’t be- officer] hits somebody for no reason, cause they’re afraid to be chastised by my supervisor is called. Everybody the people around them, the other waits right there and he can explain to cops.…But let there be a snitch in the [the supervisor]. Because at that point, department…and we absolutely hate when he pulls his gun out and pistol- him. It’s the worst thing you want to whips somebody for an illegal reason, hear about.…Very few people…in that then he’s made my decision for me. I subculture say, “Hey, wait a minute. have no more discretion. What would you have done?”…Oh, I guess I would have done the same Another officer felt it was “a tough call”: thing. You’re danged right you’d have I think [that with] the questions you’re done the same thing. That subculture asking, we have a policy. As an obliga- stops.…How you’re treated, how you’re tion, you’re obligated to report this to chastised, how you’re labeled. It’s a very internal affairs to come and question big thing in policing. you with regard to that. And I think the

Police Foundation 30

The discussion made apparent that a code going to put down their doughnut and of silence does exist in the police subcul- come to get you. That’s hard. That’s ture and could place pressure on an hard. officer’s deciding whether to report an in- Although the discussion suggested a code cident involving serious misconduct. The officer may consider not only what his or of silence influences their behavior, participants commented that the amount of her own morals are, but also how fellow behavior that involves covering up mis- officers will view his or her decision. Of- ficers who report on fellow officers may conduct is very small. Estimates ranged from 1 to 5 percent. But, as one officer “…[Y]ou are be “chastised” or “labeled”: suggested, “[F]rom that 1 percent, you are judged on the If you place an officer in a position judged on the acts of that one [officer]. It’s acts of that where he would have to either lie for 99 percent that are out there doing the right you or face alienation by coming out. one [officer]. thing.…Because it’s that same one person We have one guy that busted…our TAC that you will be judged by civvies.” …[N]inety-nine [tactical] unit, but to save himself.…That At the close of the discussion, the partici- [was in] 1987 and he’s still on the out- percent… pants criticized the media for creating the side. He doesn’t exist. He doesn’t get public perception that the code of silence are out there backup. No one hangs out with him. problem is an everyday occurrence in po- Far as they’re concerned, he’s a bas- doing the licing. Because of misrepresentation by the tard child in the department because media, all police officers are perceived by right thing.…” he came forward in the way he did. He the public to support each other when in- saved himself from indictment but ev- cidents of police misconduct occur by not eryone else got indicted.…That’s an ex- acknowledging to the proper authorities ception. It’s not common at all. It’s a that the incident took place: one time thing. But that [incident] got blown out of To be isolated for something, for being proportion [by the media].…Is the blue labeled. It happens all the time.… code of silence, Louima thing, blue Nobody wants them around. You’re code of silence, and everything afraid to say anything. else…stereotyped by the media? What- …[A]s a police officer, you don’t get ever the media see and whatever they backup…which means that because print, people perceive that to be true, you stood on something that you felt no matter how much it is [and] no morally right on…that’s a hard pill to matter how minute it is.…But that’s swallow.…[U]nfortunately these same how people perceive things. And officers that sometimes you are everybody gets stereotyped. snitching on, or you are telling on, or The media take that one bad experi- whatever, are the same officers [who] ence that he had and make it every- are going to be there at a domestic. Or one. who are going to be the ones that you’re going to [see] when you call for help; All it takes is one incident. One nega- they’re going to be listening. And they’re tive. And then the media come in and

Rank-and-File Police Officers 31

they blow it into that’s what goes on very much troubled by it.…I feel bad every day, all day. It’s like that incident for the first one, two, three, four police in New York. officers who are going to be the test pilots, if you [will]. They are going to The public’s perception of the existence get, I feel, very mistreated. Everybody of a code of silence poses problems for does. There are good things, don’t get the police profession, even if the me wrong, with a review board.…But perception is exaggerated. As the participants right now we are having a hard time suggested, the community will not perceive incorporating. their police as professional if the code of “Who is on silence or if police misconduct in general is …civilian review board, we have one; condoned. it doesn’t have any power. It doesn’t the bar dictate department policy. association? Solutions We have it. A lot of controversy. Lots Lawyers Agency Procedures for Dealing and lots. Officers don’t particularly care. judging with Abuse of Police Authority The general consensus is they don’t par- We posed a number of questions regard- ticularly care for civilians judging them lawyers. Who ing procedures for handling complaints: and their actions, because they don’t see is on the How should investigations of citizen com- it from—the perception is different. plaints be handled (i.e., internally or by doctors’ outside civilian review)? Is civilian review They [civilians] don’t know the emo- associations? of police misconduct effective in address- tional side and everything that we see ing problems of abuse? Do such reviews and we deal with. Doctors affect officers’ behavior? judging Who is on the bar association? Lawyers Interest is growing in the possibility of es- judging lawyers. Who is on the doctors.… tablishing independent civilian agencies to doctors’ associations? Doctors judging Why are we monitor police conduct. A number of U.S. doctors, doctors policing doctors. We cities have some form of civilian review are a specialty; we go to training; we different?” for citizens’ complaints against police. deal with other people just like them. However, controversy persists about the Why are we different? best mechanism for handling police misconduct. Police sometimes argue that only But in our profession…it’s civilians now the police can effectively “police” the po- and not police officers and bosses or lice. We asked the participants for their mid-management or upper manage- perceptions of the use of civilian review ment, however you want to call it, boards, as well as whether their own cities making a decision. had established civilian boards for review- Ours is not a fact-finding board so to ing citizen complaints. Participants re- speak. What they do is just an over- sponded as follows: sight committee that basically ensures We are just getting it [civilian review].… that the investigation is thoroughly con- We as police officers and the unions ducted and that…no indiscretions or are adamantly against it. We are very, abusive things [are] going on during the

Police Foundation 32

investigative process.…But everybody police misconduct be placed in the police seems to be pretty happy and content and not with civilian review boards. …in that the police are policing and Rewarding Good Policing the citizens are content with the fact The topic of rewarding good policing was that they are somewhat representing never addressed directly, but officers re- them to ensure that the police are, in ferred to it at various times. One sugges- fact, policing the police and didn’t tion was from an officer who recom- sweep it under the carpet. mended “going to people and saying, ‘Hey, “…[P]articipants I mean historically in [his city] civilian you did a really good job.’ Nobody ever review boards were not a good idea. comes up to me and says that.” Another …preferred They didn’t work or are not going to officer put it this way: that the work because basically you’ve got a You’d like to see somebody come from responsibility bunch of headhunters.…We also on top of the hill to say, “Hey, I ap- have…[a committee]. Basically, your plaud this officer.” That’s what I’m say- for reviewing peers [assistant chief, captain, lieuten- ing. And I know [from] being there, it police ant, sergeant, and a police officer]. was difficult for [me] and several offic- And they review the complaint, they misconduct ers that I work with because you’re review the evidence, and they looking for someone to say—not so be placed in suggest a punishment. much they have to give you a little the police We asked whether they preferred internal plaque with your name on it and all that. That’s not what I’m talking about. and not with review processes over civilian review boards and received the following Just [for them] to acknowledge. civilian review responses: In general, the participants felt the need for boards.” I’ll tell you. It should stay the way it’s the department, particularly among individu- been. IAD [internal affairs division]— als in upper management, to recognize the whatever you want to call it. I’ll tell you positive accomplishments of officers and not what: I had no complaint with ours.… to focus entirely on the negative. Typical What I need is to take care of our own. comments included the following: And that’s one place where they were It’s difficult to do because I don’t think doing a fine job of it. Our IAD was anybody came on this job, number one, doing a good job. if they are financially independent and, number two, being praised. For the …not only IAD, even when it comes most part, it’s a thankless job. There down to just a simple supervisor’s com- are a lot of things that go unnoticed. A plaint. [Sometimes] your sergeant has lot of people don’t recognize or realize come out and [is] supposed to be with …it could be balanced out if people the person and [to] stop it right there from management to citizens or who- before it even gets to IAD. ever [could] take as much effort and In general, participants had limited expe- attention to looking at your deficien- rience with civilian review, but they pre- cies and [could use] that same energy ferred that the responsibility for reviewing to look at some of the positive things

Rank-and-File Police Officers 33

you do.…You know, just to tell a guy a I find that, for me, I was always asking job [is] well done motivates that guy to that question in my years of commu- get up and pull himself out of bed the nity policing. But I guess for me I found next morning and give…at least that the pat on the back by being asked to same effort. come here [as a participant in the focus group]…To me, that was a lift. But you get hollered at every other day for something that you did [that] in their I agree with [comment above], [it’s the] [police administration] mind is wrong.… same thing. That’s why I’m here, be- So I think there should be an equal cause of my commissioner, and he “If you are amount.…If you are going to get at me thinks very highly of me, which feels about what I do wrong, get at me about good. going to something I did right, too. get at me In addition to the need for departments to …in the last three or four years, I re- provide recognition of positive police be- about what ceived over 40 [commendations] and let- havior, the participants feel that recogni- I do wrong, ters from citizens thanking me.…The tion from the community is also an impor- community has been very responsive tant factor. While having a difficult time get at me in thanking me. My department has with a certain community in embracing the about given me two in the same period of concept of community policing, one par- something time; my partner and I won an interna- ticipant commented: tional award for problem-oriented I did right, policing.…A year and a half later, I …But I guess that one community that I haven’t received a letter from my de- was speaking of earlier, I think if I got too.” partment saying good job. But I’ve re- more thank yous and pats on the back ceived letters from all over the nation from them, I would be more motivated saying good job. It’s interesting to me to work with that particular community. that we often don’t appreciate those But [in] the other two [communities he next to us while we [do] appreciate is assigned to], I can do something as someone from across the country. small as [this:] Just one old lady…lives in the community, and she calls me for We don’t get recognized by upper man- everything. And every time that I do agement. I wouldn’t say middle something for her, she really makes me management…your direct supervisor feel special. probably knows what you are doing because you make him look good as Awareness of this universal yearning for supervisor.…But for all those attaboys approval and recognition can perhaps in- that you’ve got, all the pats on the back, form the improvement of policing and the I’m saying, once you make a mistake in changing structure of police authority in judgment—not a severe thing, not a the age of community policing. criminal thing—forget about all those attaboys you ever got. Nobody will remember that.

Police Foundation 34

Conclusion discussions were both candid and thought- The rank-and-file focus group discussions ful, thus enabling us to view and under- provided insights into some of the most stand these issues from the perspectives difficult and sensitive issues in policing. of the rank and file, who are challenged Initially, we were concerned that the par- by them on a day-to-day basis. Their ticipants might be hesitant to express their perspectives influenced the further devel- attitudes and thoughts on these issues. opment of the survey instrument and In the end, we were satisfied that the continued to affect our research.

1. The quoted portions of this appendix have been edited sparingly to enhance readability while maintaining the speaker’s voice. We thank David Hayeslip, Bill Matthews, Colleen Cosgrove, and Stephen Mastrofski for their advice in selecting police departments for the focus group.

Rank-and-File Police Officers APPENDIX D

REPORT ON FOCUS GROUP OF POLICE SUPERVISORS

OCTOBER 27–28, 1997

Rosann Greenspan David Weisburd

Edwin E. Hamilton 2

Contents Introduction ...... 3

Defining Issues of Police Authority ...... 4

Abuse of Authority and the Role of the Supervisor ...... 8

Handling Citizen Complaints of Abuse of Authority 8 General Supervision Issues 10 Handling Situations of Police Misconduct 13

Supervisors’ Perceptions of the Extent and Nature of Abuses of Authority ...... 17

The Role of the Media 17 The Extent of Abuses of Authority 18

Abuse of Authority and Community Policing...... 20

Community Policing and the Changing Authority of the Police 20 Community Policing and the Potential for Corruption 22 Departmental Structure and Community Policing 24

Societal Factors That Affect Abuse of Authority...... 26

The Effect of Race and Ethnicity 26 Race and Community Policing 28

The Culture of Policing...... 28

“Us-versus-Them” Mentality 29 Code of Silence 32

Solutions ...... 35

Agency Procedures for Dealing with Abuse of Police Authority 35 Rewarding Good Policing 37

Conclusion ...... 38

Police Supervisors 3 D

POLICE SUPERVISORS

1 Introduction country were represented as well as We explained the selection criteria that departments of varying sizes. On the basis guided the process for choosing the po- of the established criteria, we derived a list …[For] the lice departments for participation in the two of 24 police departments, assigning half supervisory- panels of police—one of rank-and-file of- to the rank-and-file group, and half to the ficers and one of supervisory-level offic- supervisory-level group. As a result, 11 level focus ers—in Appendix C, Report on Focus departments participated in the rank-and- group,…[w]e Group of Rank-and-File Police Officers. file focus group, and 11 departments par- However, the method bears repeating here. ticipated in the focus group of supervisory- asked…chief level officers. Our goal was to achieve representation executives to from various types of departments, as char- To guide the participating police departments choose an officer acterized by their style of policing, with in selecting representatives to participate in with the rank attention to size of the community served the supervisory-level focus group, we pro- and region of the country. We began the vided the chief executives with a list of sug- of sergeant selection process by using our own exper- gested criteria. Criteria for selection of su- or lieutenant tise and by consulting several colleagues pervisory officers were naturally somewhat to develop a list of police departments that different than for the rank-and-file group. and 3 to 5 years are particularly known for either commu- We asked the chief executives to choose an of supervisory nity-oriented policing, problem-oriented officer with the rank of sergeant or lieuten- policing, or traditional policing. We at- ant and 3 to 5 years of supervisory experi- experience. tempted to ensure that all regions of the ence. For those departments selected for their

Police Foundation 4

orientation toward community- and prob- authority, the culture of policing, and what lem-oriented policing, we asked that the can be done to prevent problems of abuse officer selected be a member of those units. of authority. We asked departments selected for traditional In addition, the supervisory-level officers policing to select officers from specialized pretested the second draft of the instru- units, such as narcotics or gang units, who ment to be used in the national survey. have considerable contact with community They provided valuable input by review- residents. As requested, their assignments ing and reacting to each of the survey items, included community- or neighborhood- …[S]upervisors and by making general and specific rec- policing units, and specialized units includ- ommendations. The participants worked …turned to ing narcotics, organized crime, mounted diligently, discussing difficult and personal patrol, street crime, and internal affairs. The the form of issues they face in policing and their bur- 11 officers from all regions of the country abuse…they dens and responsibilities as supervisors in who participated in the supervisory-level addressing those issues. We are sincerely focus group ranged in policing experience perceive[d] grateful for their thoughtful and frank from 10 to 29 years, with an average of about conversation. as the most 18 years experience as police officers. With extensive…: respect to their experience as supervisors, Defining Issues of Police Authority discourteous they ranged in experience from 2 to 11 years, with an average of 5 years of supervisory We began the focus group by discussing behavior by experience. how police supervisors view the bound- officers toward aries of the proper use of authority, as well The supervisory-level focus group was as by asking participants to discuss what citizens. moderated by Rhoda Cohen, survey direc- they consider appropriate and inappropri- tor of the project, from Mathematica Policy ate conduct in the exercise of police au- Research under contract with the Police thority. The supervisors immediately turned Foundation, with the participation of Dr. to the form of abuse that they perceive as Rosann Greenspan, Research Director, Earl the most extensive problem in their su- Hamilton, and Kellie Bryant of the Research pervisory work: discourteous behavior by Division of the Police Foundation. The fo- officers toward citizens. Although some focus group met for two days, from 9:00 A.M. cused on this abuse as the problem in it- to 5:00 P.M., on October 27, 1997, and from self (“A lot of what comes through our 9:30 A.M. to 4:00 P.M. on October 28, 1997. department is the language complaints, the Following a framework similar to that used attitude complaints.”), others stressed the with the rank-and-file group, the modera- relationship between officer insensitivity tor led the sergeants and lieutenants in a and the escalation of the problem. They discussion of a range of topics with a set suggested that abuse of a more serious of questions to guide each topic. The broad nature could be prevented if officers main- categories included defining police author- tained a polite demeanor from the outset. ity, supervisors’ perceptions of the extent One Internal Affairs officer led off the dis- and nature of abuse of authority, the effect cussion by stating, “Our Internal Affairs of community policing on the abuse of Division investigates anywhere from eight authority, societal factors that affect police [thousand] to ten thousand complaints a

Police Supervisors 5 year. And many of them stem from inci- going to focus on. And their complete dents that really need not occur if people focus was trends of police officers, were more courteous or officers were more trends that are specific to what we’re sensitive to people they’re talking to.” She talking about that were—and I’m not elaborated that her observation of this prob- trying to lessen it—but nothing more lem was also based on her experience than officers not being personable while working with patrol officers, “Just enough with the public. looking at some of the complaints…from what was my experience on a district level One officer shared a recent incident that he just investigated as an illustration of the when I did work with patrol officers, many A key element type of “courtesy complaint” that causes of the complaints could be avoided simply in courteous by being more courteous and more pleas- problems for officers and that influences the negative impressions citizens have ant, schmoozing.” behavior…[is] about the police: Another officer suggested that no connec- taking the time tion necessarily existed between discour- I’ve got a good example.…[A]n officer …to explain tesy and brutality: “We don’t have a brutal- went to a house with his sunglasses on ‘what you’re ity problem, but we sure as hell have a to get some information from a com- discourtesy problem.” plainant. She asked him to have a seat, doing and why but he wouldn’t sit down. He wouldn’t A key element in courteous behavior rec- you’re doing take the damn sunglasses off. She’s ognized by the officers was taking the time pissed off. She says, “He has no con- it.…’ not only to “schmooze” but also to explain cern. Why did I bother to call in the “what you’re doing and why you’re doing first place?” it.…Most of the time you take the 15 or 20 seconds to explain what you’re doing and So I chatted with the officer before I why you have to do it, and you can avert came up here about it, “Well, you know, [or] divert from a lot of problems.” I didn’t think about the sun- Despite the general agreement that cour- glasses”.…Most of our officers are less tesy was the big problem—the problem that than three years on. And unless that concerns their departments—one officer couch has roaches on it and I’ve got to found this emphasis both in the focus group scrape them off, you know, I’ll plop and in his own department surprising: down anywhere most of the time. But this officer just did not feel comfort- I find it very interesting because just able sitting in this lady’s house. And it two weeks ago we had one of our su- wasn’t a call that was a—it was a noise pervisors’ meetings. And IA [internal complaint. That’s why she called 911. affairs] was scheduled as one of the And that’s what we see a lot of, that presenters at the meeting. And so you type, where just the body language is have about 30 supervisors from the all bad, what they’re projecting when captain and the sergeant ranks listen- they talk to people. ing to IA and I suppose, like me, expecting that there were going to be As the discussion continued, a theme some pretty severe topics that IA was emerged among these experienced officers

Police Foundation 6

that suggested that a source of the discour- something improper, specifically a tesy problem was the younger or more in- young officer coming off the street. experienced police officers in their respec- Police [officers] create attitudes, and we tive departments (“Our department is a very get cocky and we get arrogant, and we young department…). get authoritative sometimes in situations. But it’s either allowed by the man- As one officer suggested, “We are talking agement, or it’s taught by the training, about officers in the field—officers that it or it’s taught by the senior officers. sounds like most of them, including [his “…[I]t’s either department] are more inexperienced than Yet another officer suggested that he doubted that training was the culprit be- the supervision even the younger officers, and that they may be more responsible for inappropri- cause training in his department had been or…training ate language or conduct.” emphasizing communication for the past 10 years, and yet the complaints had [that] makes Another officer noted, “A lot of this is just continued to increase: …officers handle inexperienced officers [who] haven’t been there.… It’s a learning process … and most I find it interesting because, for us any- situations.… of it goes back to training and experience. way, our academy instruction has [N]o officer You can come out of college with all the changed dramatically in the last 10 years where the educational process is spe- wants to go out degrees you want, but unless you learn people, unless you know people, you can cifically focused on how to better deal there and have ask for a call, you can fill in the blanks on with the public, and [on] what differ- a complaint.” the forms, but you really haven’t solved ent social groups you are dealing with the problem.” and what expectations those groups have. Yet I’m hearing that the trend is However, another officer indicated that that just not listening well enough, of- perhaps attention should focus on issues ficers using inappropriate language or of supervision and training instead of the are not taking the time to see another fact that the incident involved a young or side of the story or whatever. inexperienced officer: The officer concluded, “Maybe the public is [I]f the citizen has made a complaint, just…less willing to listen to us, to our au- it’s just what we did here at this table. thority.” This comment was part of a very We’ve only focused on, well, he is a interesting discussion of whether the atti- young officer. We’ve got a good police tude and expectations of the public have department, but they are coming out changed, whereby they are less willing to with training. And if they come out with accept police authority at the same time that an attitude, the attitude is either pur- they want more from the police. These veyed by management or by training. changes, rather than an increase in disre- So it’s either the supervision or the train- spectful police behavior, have raised con- ing [that] makes the officers handle situ- cern about police conduct. In other words, ations, because no officer wants to go perhaps the public has been changing the out there and have a complaint. And definition or boundaries of proper police no officer wants to go out there and do behavior. The same officer suggested

Police Supervisors 7 earlier: “So I think that it’s changed a little through the cadet program or who come bit, the public’s perception of how open the from suburban areas “don’t associate with officers should be to their discussions, the the area that they work with. They don’t way that they’re talked to [by] the police. have the empathy that they should have And I think that the expectation from that with some of these other cultures that they end is a little more than it was in the past.” police.”

One officer suggested, “I think they kind Another officer argued, “[The empathetic of look for us to be a little bit more com- officer] has greatly improved over the last passionate to their needs or [to be] able to number of years,…but the complaints are …[S]tandards give them the answer to their solutions right more now.” then and there.” of acceptance Another officer pointed out that standards Another officer noted, “What I have found of acceptance of police authority vary from of police over the 24 years—and it seems to be get- community to community and depend on authority ting worse, at least in [his city]—is there is how residents in a community view past vary from less of a willingness of the [public] to sub- relationships with police. Thus, the bound- mit to authority.” This comment met with aries of acceptable behavior are variable: community general agreement from the participants. I also think that it depends on where to community One officer offered his perception of the you’re working. What’s acceptable in and depend on negative attitude that the general public has one area of your community might not toward police authority, which results in a be acceptable in another. I could tell how residents need for greater “verbal skills” on the part two people the same thing in different …view past of police officers: ends of this city. And one might take relationships offense at it, but the other one would [T]here [are] going to be the one just go ahead and just do it because it’s with police. percenters [who] are going to complain, the norm. I think they look at who they no matter what the officer does. But used to deal with…the expectations of also now it’s like you’re having to use the past, police officers, as opposed to more verbal skills to get over the im- what we’re dealing with now. mediate dissension that people have about police authority. Before, Further discussion indicated that the stan- …whatever a police officer told some- dards set by the citizens have altered con- one was not questioned. People just siderably since the Rodney King case and reacted and responded out of the re- the increased media attention it brought to specting authority. With the media and police authority. One supervisor suggested the perception of us becoming more that the public’s greater expectations are human and our mistakes being magni- related to their being better informed about fied, people don’t accept what a police law enforcement: officer says as quickly as I think they used to. [T]he public’s expectations, as well as their knowledge of law enforcement, One officer suggested that the problem is has changed here in the last 20 years.… lack of empathy, that officers who come Obviously one of the big benchmarks

Police Foundation 8

was Rodney King.…[The case] had na- Abuse of Authority and the Role tionwide impact. Something else that of the Supervisor goes along with that in just about the Handling Citizen Complaints of same time period is the development Abuse of Authority of the news media to where they are Participants’ critiques of the citizen com- always out there, and their cameras plaint process became a vehicle for entry are always rolling; they are capturing into an interesting discussion of the role all these events. So the public’s knowl- of the supervisor. A number of participants edge of how we operate in law enforce- expressed the view that the complaint pro- “…[I]t’s a ment has increased and changed.… cess had changed in significant ways that citizen’s I think these are two significant things have led to an increased number of citi- that have changed the public’s out- willingness zen complaints. Citizens increasingly abuse look of law enforcement and their their right to complain about an officer’s to be policed expectations of it. misconduct, and the supervisor’s right to reject complaints as unfounded has been as well as a One participant complained that citizens removed. One officer called it “abuse of now expect that they can provoke officers supervisor’s complaints”: with impunity and that since Rodney King, willingness to police are expected not to react but to be I would just like to add one thing,… supervise and “robocop”: personally. There is also abuse of complaints being taken; that’s a fact. In this make hard You should be able to walk up to a information world we live in, [all people choices.…” policeman and slap him, kick him six know] they can sign a complaint. A lot or seven times, and then when he starts of complaints are used as leverage for— to raise his fists, say, “I give up,” and I know defense attorneys [who] just tell the policeman is supposed to say, “Oh, their clients right off the bat, you go okay. Could you put your hands be- down and sign a complaint against that hind your back for me?” officer, for assault, whatever—verbal In concluding the discussion about defin- abuse. And it’s used as leverage in court ing the boundaries of abuse of authority for a plea bargain situation. So I think and leading into a discussion about super- everything said in here is correct, but vision, one participant pointed out the there is also abuse of the system. It’s multiple, interactive levels of defining, ex- just so widely known that you can sign ercising, and controlling authority. He sug- a complaint against a cop, [that] you gested that successful encounters depend can sue a cop or threaten a cop [when] on the citizen’s acceptance of the legiti- you are going to sue,…that it’s abused macy of the officer’s authority, as well as in some forms. on the unseen supervisor’s acceptance of Others agreed that citizens abuse the authority over that officer: “So, it’s a citizen’s system as a way to punish the officer: willingness to be policed as well as a supervisor’s willingness to supervise and make hard choices and hard decisions.”

Police Supervisors 9

If a complaint comes in, we’ve got to officer gave an example, by way of con- document it, and then we’ve got to go trast, of when he was a young patrol officer through the investigative steps. [We’ve and his own supervisor had exercised the got to] interview, we’ve got to call, and discretion to reject a complaint against him: it’s just a bunch of bullshit [in] the major- I remember when I came on, my ser- ity of the cases. A lot of it is just… geants—I remember I was working traf- vindictive. They are trying to backdoor fic and I went out and I tagged this the officer because they [complainant] woman for speeding and whatever else. got jammed up on something. So they Well, she called in a complaint to my want to deflect the—what R——was say- “…[A]s sergeant. And this woman alleged that ing. They want to deflect the focus of I used certain words…“I’m sorry frontline what’s going on. And they want to jam ma’am,” he said. He said, “Ma’am, I have up the cop by making a complaint. supervisors, known this officer for a number of …[w]e have It’s like he said, like R——said; it’s a years. I know how he speaks and I ploy to get something for nothing. And know the terms. He says he does not orders that if we find it all the time. Most complaints use language like that. You have no somebody calls are not valid. complaint. You are lying.” And she hung in a complaint, One participant, acknowledging an in- up the phone on him, and it was true. crease in complaints, was curious about And we don’t have that authority any- we are going more. whether the other participants were re- to put it on quired as supervisors to take reports of Other participants shared the frustration paper; it’s complaints that they knew would not be that all complaints must be accepted, sug- sustained. “So is it the norm now that we gesting it “breaks down morale” and con- going to be are accepting these complaints, and would tributes to “just an awful environment”: documented.” everyone agree that there is nothing wrong with a supervisor telling someone on the He is right.…When people walk in with phone or in person, “I’m sorry ma’am. You a complaint, no matter how minute it don’t have a complaint.” is, we have to take it; it has to be written down before we can do anything.… Replies indicated agreement that they I’d rather go to bat for that officer who should have the discretion to reject com- I know didn’t do it, because it breaks plaints, but that their supervisory authority down morale. Our morale here is very to handle incidents in such a manner had low. So to have these additional com- virtually been eliminated. plaints only tears the officers down. On As one noted, “We don’t—the administra- top of that, if the complaint is so gross, tion has taken that away from us as mid- we call the [officers] right off the street level managers, as frontline supervisors, our and take their gun and badge right then administrations have taken that away from and there. And then we just do the us. We have orders that if somebody calls in initial paperwork, and it goes straight a complaint, we are going to put it on pa- to IAD. Sometimes we are not even able per; it’s going to be documented.” That to get involved until it goes to what we

Police Foundation 10

consider a trial board. And if among potatoes of the organization—was ser- the peers, you actually have to go—it’s geants and lieutenants. The sergeants like court, and you feel so bad for the ran a lot of stuff, and lieutenants [did officer because the majority of the time too.] You worked at a harmonious re- it’s not true. lationship and you did your stuff on the street.…Sure, we have some bad cops go through the system, absolutely. General Supervision Issues Do we have discourteous guys? Yes, The discussion of the complaints process definitely. But, by and large, most of- led to a broader discussion of what some “…[L]et’s zoom ficers want to go out there and do a considered the powerlessness of police good job. We need support from the in on people supervisors at all levels: chief, and we don’t get it in our city. who are… You know, I’ve got to say 85 [percent] We just don’t get it. It’s kind of a joke. beating people to probably even 90 percent of the officers in any organization want to go Others disagreed, noting that the supervi- up, cursing out there and do the right thing. They sor still retains the power to review the at people. also want support.…What happens in complaint packages: “But the sergeant and lieutenant do have a lot of power because I know [this city] [is] we have a big media board and we’ve got neighborhood activist you have the power of lieutenant when who they are; groups. We have what is feel-good com- you review those packages.” you know munity policing; we have civilian re- As the general discussion of the super- view board, cruiser review board, acci- visor’s role continued, one officer who they are.” dent review boards, discharge, dog expressed concern that management is bites. And everybody today, and it’s bound by procedural guidelines that probably not just [in his city], but all require it to create “blanket” standards and over, it’s a contagious attitude. We are policies instead of addressing the problems being challenged constantly. Everything individually. This procedure leads to an is second-guessed. You are second- inability to target problem officers: guessed by civilians, supervisors. I mean, our chief is—there is no such I just—well, we spend too much time thing as really a lieutenant or sergeant’s in the police department, I think.…If job. They have taken your power away you have a problem, instead of zoom- from there. City government plays ing in on people who are committing too much into our administration’s the problem—who are the reason for decision making. It’s just an awful the problem—we spend too much time environment. on blanketing everything. Okay, big sexual harassment policy for every- But, you know, it starts from the top body, which you need to have.…But down.…They have kind of taken the let’s zoom in on people who are spe- sergeant’s rank. It’s a nothing…but it’s cifically doing the sexual harassment, powerless, and lieutenant’s [rank] is or whatever it is, beating people up, even less power.…Unfortunately, the cursing at people. I know who they rank—what used to be the meat and are; you know who they are. Let’s stop

Police Supervisors 11

acting stupid and zoom in on them. This idea was repeated that supervisors are Who is abusing sick time? I know who reluctant to behave as supervisors. One they are. Again, you know who they officer noted that in his department there are. seemed to be a breakdown in supervisory responsibility, which he attributed to the Although he agreed that not addressing the fact that many of the supervisory-level individual problem leads to unnecessary personnel were young and too close to blanket policies among other problems, their experience as patrol officers. There- one participant argued that the fault for fore, they were unwilling to serve in a not addressing problems at the individual supervisory capacity: “…[M]ost level originates with the sergeant who protects his officers rather than holding …So we’ve got a bunch of young cops supervisors them accountable. He made the sugges- coming on, and we’ve got a bunch of in law tive observation, which others corrobo- young supervisors who have not been enforcement rated, that “most supervisors in law able to make the break from patrol of- enforcement more often want to be the ficer. Now all of a sudden they are su- more often pervising. So I think there has been some- buddy rather than to be the supervisor”: want to be the what of a breakdown in super[vision.]— That comes back to police super- I mean, they are still the patrolman’s tail buddy rather vision.…[I]n a lot of instances, sergeants kind of thing.…I don’t know how many than…the know what’s going on, protecting their times I’ve gone up to some of these kids, employees. The lieutenant knows that and I [will] say, “You are a cop; take supervisor.” the sergeant is doing the protection and charge of that situation and go.” And so [that] nobody is responding to the spe- they—we are behind the learning curve cific issue. So, therefore, departments so much. So, it’s a citizen’s willingness have to come out with blanket policies to be policed as well as supervisors’ will- instead of accountability. If the sergeant ingness to supervise and make hard is not accountable, which is the first- choices and hard decisions. line supervision [and] supervisor to the troops [and if] he doesn’t work with the Another officer showed the serious conse- troops and address training issues, and quences that can result when supervisors address the deficiency that the officer are unwilling to behave in accordance with has, then it all gets convoluted as it goes their supervisory responsibilities. Describ- through the system.…Then it gets to ing a current investigation in her depart- Internal Affairs because it becomes a ment, she suggested that in an apparent big problem because we don’t [address situation of a “very sick,” serious pattern the problem.] Some of my troops, when of abuse including using verbal abuse, they first start working for me, call me planting drugs, and stealing money, the nitpicky because I do. You have to look supervising sergeants must have been at the small issues to keep from having complicit at least in that they “didn’t do to look at the big issues. And most su- anything” about the situation: pervisors in law enforcement more of- There—in that situation—this investiga- ten want to be the buddy rather than tion is not over yet. It has to come to to be the supervisor. trial. But we found that there was a

Police Foundation 12

pattern of complaints. That is why this People assume that if you pass the test, whole investigation was launched: there if you are a good test-taker or you can was a pattern of having verbal abuse interview well, you are automatically a complaints, planting drugs, stealing supervisor. Our department provided no money, all kinds of allegations that took training to be a supervisor, and I think on a very sick pattern. And when we that that is very reflective in what you went and looked at it and did the joint are saying; here is your gold badge; go operation with the FBI,…it turned out do it. Then you just flounder around; to be true. there is just, in many cases, no training. “…[W]hen that But there were all sorts of things that Although he acknowledged the important new recruit… had been discussed here that fall into role of the supervisor, one participant sits with his… that [category]. Number one, there has pointed out that the role of field training [field training to be—and it has not surfaced yet— officers (FTOs) was also a critical compo- but there has to be a level of, if not nent in shaping the new recruit because officer] for the complicity, responsibility on the part of “that is where he begins learning the first time, that the sergeants. These officers were ab- police culture”: solutely lawless, and I don’t know how is where he anyone could not have seen that. And One thing that we haven’t talked about begins learning although people aren’t pointing fingers in officer conduct and authority and and naming names yet, I would imag- what not, [is the police culture and] I the police ine that might happen in the future. So think that’s where it starts.…You can culture.” there is a level of responsibility on these have all the training that you want, but sergeants and lieutenants that no one when that new recruit hits the street accepted. I find it—coming from the and he sits with his FTO for the first situation and my background [of be- time, that is where he begins learning ing] with the police department,…[for] the police culture. That is where the 20 years—I find it astounding that these FTO says, “I don’t care what they told sergeants didn’t do anything. you in rookie school; this is the way it is, pal. This the way we are going to Another officer suggested that the appar- do it.” I think it starts with their FTOs. ent unwillingness to exercise supervisory responsibility may be related to the absence Nevertheless, these police supervisors em- of proper supervisory-level training, as well phasized the view that the role of the su- as a lack of innate ability to effectively supervisor as a role model and mentor is a pervise others: critical factor in setting standards and expectations regarding appropriate behavior. A lot of that, I think, has to do with the As one put it: training of the supervisor and then just the innate ability to be a We are talking about [a bunch of supervisor. You can have a street cop factors] here, but one that I keep going who is excellent at what he does. Then back to, and I think is so vitally impor- people assume that he would make a tant, is the supervision. The supervi- good supervisor, but he wouldn’t. sor, the first-line supervisor, the

Police Supervisors 13

sergeant, is so critically important in Cops want to be told what to do. Told how he sets the tone, the expectations. is the wrong word. But they want you, How he says things and supports de- as a supervisor, to find things for you partment programs or doesn’t support to do. them [is critical], if not by what he says, then by body language and tone of Handling Situations of Police voice—[by] how he sells it or doesn’t Misconduct sell it. That sort of thing, I think, is real. We asked the supervisory-level officers to discuss how they handle incidents of po- Similarly, another participant commented: lice misconduct by officers under their su- “…[T]he I think the whole thing comes down to pervision. In contrast with their earlier com- first-line expectations: expectations that the ser- plaints of lack of discretion in taking re- supervisor, geant has among his troops, [and] ports of complaints, the participants gen- expectations that the lieutenants have erally stressed that supervisors have a great the sergeant, for the sergeants. I could go with my deal of discretion in determining appro- is so critically department, and I could pick out a priate discipline, which ranges from “coach- sergeant and his group and another ing and counseling” to formal reprimands important in sergeant and his group, and one group or terminations. One participant described how he sets has better morale, or another group has his department’s system as “broad enough” more arrests, or that group is doing a to provide him a range of options, depend- the tone, the better job for some reason. What is the ing on his assessment of the officer’s expectations.” reason? Well, this sergeant is there intentions and needs: mentoring, doing the coaching that he Our system is set up broad enough that or she needs to do. I can look at the investigation that IA Another stated that it is “the individual su- [has] completed and decide whether it pervisor [who] is important.…A lot of that, was a training issue or whether it was I think, has to do with the training of the intentional conduct. Then, depending supervisor and then just the innate ability on what it is, I can decide if it is a writ- to be a supervisor.” ten warning or something as formal as a reprimand or termination. There are Most agreed that it is the supervisor’s most mistakes of the heart and mistakes of important responsibility to show the offic- the head. If it is an error where he ers how to behave by “set[ting] the tone” thought he was doing the right thing, and acting as a “role model”: then he goes back to coaching and But if you are an example, a role model, training. you basically don’t have to even give Another officer spoke of the “leeway” and your unit a talking to; we are going to “latitude” provided by his department’s do it my way. My way is the right way. “discipline matrix”: Your reputation? The people know. No matter what job you are working. If you We have a discipline matrix, and part come into a certain supervisor’s unit, of that matrix is policy and procedure they’ll know what they can get over. inquiries.

Police Foundation 14

It may not be a violation, but they didn’t and cover for you the best that I can. If follow the correct policy and procedure. you make a mistake because you are That gives supervisors some leeway in messing off or trying to do what you making some decisions on whether this aren’t supposed to do, then I will burn qualifies for coaching and counseling you and I will send you to Satan or or should there be some form of disci- wherever you need to go. pline attached to it such as letter of rep- The general sentiment that a clear line ex- rimand or days off. So we have some ists between a behavior that can be over- latitude there. …[A] clear looked or treated lightly and an intentional criminal activity that deserves the harshest line exists Another officer explained that his discretion ranged from deciding to do nothing response was expressed by one officer in between… about an incident to deciding to terminate this way: behavior officers involved: I think everybody would agree: we’re all supervisors. If it’s something from that can be It’s very discretionary, and I guess that the heart—mistake of the heart [and] is why you aren’t getting a lot of re- overlooked the intentions were good—fine, every- sponse to this. I can only speak for body makes mistakes. Nobody walks or treated myself, but I have had to handle mat- on water. It’s something you can work ters that range from where nothing was lightly and… on, improve or coaching, training, done to where officers were terminated. simple documentation, whatever, one- intentional To be truthful, in some situation…I on-one over coffee. But if it’s criminal, stuck my neck out and ignored the criminal shame on you. Bye; we don’t need you; department procedures and policies we don’t want you. activity that and dealt with the officer one-on-one. deserves the It is hard to identify exactly why I did One participant noted that helping out an that, except that I thought it was a harshest officer accused of a serious violation could worthwhile officer who did [his or her] get the supervisor in trouble. “And I agree, response.… job well and efficiently, and I didn’t if I can fudge a little bit on a minor infrac- want to see a blemish on [that officer’s] tion and handle it differently, I’m going to record. do that if it’s a good hardworking officer. But I’m not going to cross that line where However, participants were quick to dis- I’m violating—getting myself in trouble.” tinguish incidents involving intentional criminal activities, where they would not As the discussion focused on criminal mis- exercise discretion to impose less than the conduct by police officers, one officer re- maximum discipline. As one officer said, marked that “misconduct is progressive,” “If it is something criminal, then you are and it is the responsibility of supervisors on your own; shame on you.” Another put to observe and document patterns of it this way: inappropriate officer behavior.

But I also set a very specific football I think that misconduct is progressive, field. You can make a mistake while and a lot of times supervisors, when you are doing the job, and I will fight it’s in the minor stages, choose not to

Police Supervisors 15

document in some way, so that a pat- positive contact, you’re apt to get a lot less tern can’t be seen. And the thing is, complaints. If you’re the street-crime unit too, an officer sometimes is transferred where you’re kicking in doors, chasing around to where we pass our discipline these knuckleheads, and doing what you’ve problems to somebody else. Somebody got to do, they’re going to come in.” will say, well, what do you think of this One participant noted that a problem with guy. And you’re thinking, oh, boy; he’s the way supervisors handle problems of great; take him. You can’t go wrong abuse of authority is a lack of consistency with this guy. But the point…is then in disciplining officer misconduct: the disciplinary process starts all over.… “…[M]isconduct That supervisor has to see this progres- One problem we have with our [super- is progressive,” sion, and it gets to the point when they visory] officers is the lack of con- pass him on. So the officer goes through sistency.…[M]aybe on Charlie’s side it’s, and it is the a long time without any discipline when try to get your ass there next time; I responsibility maybe we should be documenting throw it in the trash. And officers [hear] of supervisors more. that. Well, on Charlie’s side you can get away with that; on the Adam side you to observe and An officer provided a story of sexist verbal can’t. And that’s a problem we have in document behavior toward her by a rookie that she our department; we’re not applying the came to regret having laughed off. “Well, rules fairly to everybody.…I just think patterns of 5 years later, he was indicted and fired for they really do lack consistency in their inappropriate stopping vehicles with young women in routines every day,…no problem, I’ll them. He’d run their plate, stop them, find cover it; don’t worry about it, I’ll take officer out they had an active traffic warrant or it. You can’t do that. And…the biggest behavior. something on them. [He’d] get them in the problem we had is everyone needs to car with him and say, “We can work this supervise and be fair about it. And I out. You know, if you want to do some- think it’s a learning process.…I think thing for me, we’ll let this warrant go.” you said [that] everybody wants to be However, another argued that it may be your buddy, wants to be your best unfair to use an officer’s history of com- friend. I think we all want to be bud- plaints. “[I]f you have 15 brutality dies with our officers, but there’s a bot- complaints, does that mean that there is tom line you cross. I’m your supervisor some legitimacy to any allegations if you today, and this is what we’ve got to do. caught them in a shooting[?] Not necessar- But how clear is the line that the partici- ily, because officers that work street-crime pants saw between criminal and noncrimi- units or narcotic units are the ones [who] nal or between appropriate and inappro- get all the complaints.” priate behavior? The moderator presented Another officer agreed that the number of a scenario and asked the participants to complaints an officer receives is related to discuss whether the behavior constituted the work assignment: “I agree. It depends abuse of authority. A handcuffed suspect [on] where you work. You know if you’re is sitting at an officer’s desk while he fills a community service officer, [with] more out the necessary paperwork. With no

Police Foundation 16

provocation from the officer, the suspect Another participant was clear, “By my de- suddenly spits in the face of the officer. As partment standards, it would be abuse—it a reflex action, the officer pushes the sus- would be excessive force.” Yet he felt, “I pect in the face, causing the suspect to fall think it would be judged with the entire over the chair onto the floor. situation in mind. In other words, an officer might not suffer a great deal of Responses varied widely. To some extent, discipline.” differences could be attributed to departmental policies, but some participants in- Another analyzed the situation similarly, “…[W]e pay… dicated opinions would vary within their stating that although “there [are] very few departments. The first reaction was “No,” instances that I know of that justif[y] strik- officers… this is not an abuse of police authority: ing someone [who is] handcuffed because you do have complete control of him,…if to make No…I don’t think that—I think that’s it’s retaliatory, it’s abusive. If it’s reflex, it’s pretty much a normal—not a normal, split-second not abusive.” if that’s the right word—reaction of an decisions,… officer to use your hand to that person’s Another officer felt, “Once they’re cuffed, we’ve got to face.…I don’t think the officer intended that’s the end of the game,” although “you do have to take some kind of physical give…[them] on that person’s falling over backward in the chair and busting his head open action to handcuff some people.” the necessary or whatever the repercussion. And I Another put it this way: “I mean, 99.99 tools to make… don’t think that that’s an abuse of percent of the time, if a prisoner’s hand- authority. I think that that’s a reaction cuffed, if the officer strikes him, it’s wrong.” decisions.” to a disgusting act by this person who’s sitting in the chair. If you can cover [the And yet another officer said, “If you’re person’s] mouth and prevent [him or handcuffed in my office and you spit on her] from spitting and the [person from me, [even if] not handcuffed, I don’t care; falling] over in the chair, you’re doing it’s an assault.…I’m not going to continue the same thing, which would be per- to beat you, but I’m going to have to knock fectly fine. you to the floor as a reaction.” The discussion concluded with one officer An officer explained that his department’s expressing a consensus that each situation policy would permit the behavior because has to be judged on its own merits and “if there’s a handcuffed prisoner…in the that officers must be provided the tools to back of your car, and that handcuffed pris- exercise their discretion well: oner is spitting and kicking, we can use OC and spray that prisoner in the face, The bottom line is each situation—I which is very, very painful. And that’s com- mean, we pay these officers to make pletely proper.” Yet he expressed the opin- decisions, to make split-second ion that many officers in his department decisions.…[Y]ou read each case. But would, nonetheless, not approve: “[T]here each case rises and falls on its own are plenty of people who would say that merits about what a particular officer this is an abuse or improper reaction to did at a given time given the that situation.” situation. You can’t come up with a

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blanket statement concerning every- The media…take situations that are thing because each situation has its own perfectly justifiable, perfectly within the nuances, has its own differences. And scope and conduct of the officers, and yes, we’ve got policies and procedures. they turn [the situation] into a negative. But within those policies and proce- And then they go out into the commu- dures, you’ve got to have the discre- nity and they elicit [responses]—they tion. It’s something that we talk about love these…immediately after the inci- all the time, officer discretion.…We’ve dent to get the people screaming and got to train; we’ve got to coach; we’ve hollering about police brutality. And got to do all those kinds of things that that’s what they leave the public with. “…[The media] give our officers the necessary tools to are absolutely make the kinds of decisions. An officer suggested that these situations occur particularly when the police respond ruthless when it only by saying, “There is a case under in- comes to police Supervisors’ Perceptions of the vestigation, can’t respond, there’s no Extent and Nature of Abuses of comment.…Well, then they go to the dirt officers.” Authority bag, and the dirt bag’s family, and they “We’re judged The Role of the Media report it as fact.” Even before we raised the question, some Another officer spoke of the inaccuracy of on Rodney King, supervisors were expressing concern, even the reporting, Fuhrman.” bitterness, about the role of the media in misrepresenting the extent of abuses of By and large the media are lower than police authority: “[A]nother element of slime. I mean they’re absolutely ruth- policing that is there and we don’t want it less. They don’t care [what] they’ll do, to be…is the media. If the media stayed and they don’t care what facts they out of a lot of things, we wouldn’t have destroy. I’ve been on situations and I’ve the problems that we do because they put read about it in the newspaper, and I’m a spin on something that isn’t there.” quoted. I mean I look at the situation that’s described and I wonder if I was As one officer expressed what she felt was even there, and I’m the one that the media’s obvious bias against the handled it. police, “I mean, aren’t we tired of the 1968 convention yet?” She continued, “[T]hey are Another asked, “Where are their ethics and absolutely ruthless when it comes to morals?” police officers.” One participant pointed out the reporting Another officer put it this way: “We’re inaccuracy that can occur when only a judged on Rodney King, Fuhrman.” final blow inflicted by a police officer is seen: One officer explained his view of how the media manipulate public opinion to be- We paint the picture that the police lieve police brutality has occurred when it department and the government is has not for the purpose of sensationalism: automatically wrong when they go [to]

Police Foundation 18

the situation. And then of course, some- behavior before the media. (When one body that saw the last swing of the cop commander stood up on television for an finally hitting the guy, no matter how officer who shot a pellet gun, it was “ab- bad the cop is beat, their statement is, solutely rare, because the chief chewed his Johnny was on top of them just beat- ass later on.”) ing the hell out of him. So that’s what’s At least one officer felt that even though all over the media. the media are as ruthless and awful in his Another said that the media are not held city as the others had depicted, “Our “…[G]ood accountable for the accuracy of their re- department…has a great deal of credibil- ports. “I wish there was some way we can ity and respect from the media.” He pointed publicity hold them accountable, but we can’t. We out, “The press is also used in a lot of oc- comes and all know we can’t. They can do whatever casions by us, and it brings out some of the positive things we do. We’re trying to goes real they want, when they want. And it’s just unfortunate that they do that type of implement and improve our work, and so quickly.… stories.” on. So there’s a positive side as well.” Another officer agreed that the media can [A] bad One officer suggested that police depart- provide the police with good publicity, but incident… ments could and should pay more atten- he cautioned: tion to their relationship with the media: goes on for Well, the good publicity comes and But the other thing is [that] we don’t months….” goes real quickly. You know, you may massage the news, the press, and the have a good day [such as] a commu- media. We don’t want to acknowledge nity day, and the police are interacting that it does have the large role that it very well, but it’s gone. If that was on does have. And our departments—most Monday, it’s gone on Tuesday. departments—do not use it, and put it in as family with us like it probably You have a bad incident [and] there’s should be, so that we can control and an allegation of misconduct. It goes on manipulate the press, just like the press for months and months, and then a year controls and manipulates the facts that later they’ll play tapes…and so forth. they get from us. But nobody really So I think that we have to use the me- works at it. dia as much as we can to show the good things. But I think that they are This led to a discussion of the importance self-serving when it comes to the bad of the role of the chief in counterbalanc- things, because it’s more sensational; ing the media’s exaggeration of police bru- people want to watch that more often— tality. Some felt that their departmental just like any other bad sensational thing. leadership was not afraid to stand up for their officers in controversial cases (“Chief —— came right on the television and said, The Extent of Abuses of Authority ‘Hey, they did exactly what I expected Participants agreed that violent acts of detectives to do.’”). Others indicated that police misconduct were isolated aberra- their chiefs never supported the officers’ tions perpetrated by a very small number

Police Supervisors 19 of problem officers, despite the apparent right,” and that when police are involved public perception of much more wide- in a criminal incident, they give themselves spread problems: “I mean, how many law up quickly “because most policemen have enforcement people are there across the a conscience.” United States [among] the FBI and the local police and the sheriff’s departments? I Participants laid blame on the media for perpetuating the public’s perception that mean, there [are] thousands. We’re judged incidents of police violence are a common on Rodney King, Fuhrman.” But as one officer stated, “I think yes, it is an aberra- occurrence. “[T]hey perpetuate some of these theories about police misconduct, and tion. But…it’s intolerable.” “…[Y]ou…can’t they would have the public believing this Another suggested, “Cops are nothing more happens all the time, everywhere, and discount…the than a microcosm of society at large.…It’s everyday, and so on.” training, the not that there’s a bunch of rogue cops out there that are brutal and corrupt and crimi- While acknowledging that isolated inci- supervision.… nals. It’s just—it’s everyday cops going out dents of police misconduct do occur, par- [T]hose things and doing their everyday job.” He contin- ticipants stressed that their departments have to be ued, “You’ve got your very best, you’ve work hard to prevent such incidents from got a large group in the middle, and you’ve occurring. As one officer put it, “[W]ill we reexamined find more police officers doing the same got some on the other end of the spec- anytime there’s trum that are not so good, and maybe even kind of thing? Probably, because the money criminals.…We need to get rid of them.” and the drugs are there, and because of an allegation.” the temptations. Have we, as an organiza- Another officer suggested there is little se- tion—are we trying our best to look at all rious misconduct, both because as a “gov- kinds of ways to stop this from happening ernment entity,” police are highly scruti- again? Yes, we are.” Later, this officer sug- nized, and because police officers “have a gested that departments should work even conscience.” harder at preventing these occurrences, [W]e’re a government entity, so we’re however isolated they are: “But you just totally an open book. We get more scru- have to look at it and say, ‘Is the whole tiny than the priests [who] molest little system bad?’ No, it isn’t. But let’s take more boys. We get more scrutiny than the seriously any hint that there could be some- mayor [who’s] corrupt. We get more thing wrong going on with it. Let’s really scrutiny because we are representative look at it.” The officer suggested review- and we do deal with everybody on a ing all aspects of training and supervision: day-to-day basis. But we probably have “[A]nd you just can’t discount all of those less corruption and [fewer] problems in things: the training, the supervision. All of our society, the police society, than those things have to be reexamined any- probably any other organization, any time there’s an allegation.” other group of people. Another participant commended police He went on to suggest that “even the idiot departments’ ability to remove the “bad [who] comes into this job just to have a job apples”: “And I think, by and large, as does perceive that we are supposed to do organizations, just from what I’ve been

Police Foundation 20

listening,…we do a good job of getting rid have Health and Safety in the Health of people [who] need to be gotten rid of. Department who can handle that, write It’s a long, laborious process because we’ve citations. got labor contracts to deal with and unions and the whole spectrum. But I think by We tried to redirect this group to those and large, we do a pretty good job of po- people because that is where the en- licing ourselves when these incidents do forcement leverage comes from, not come up.” from us. But the point that I am making is they were trying to force the …[T]he police department to enforce the health Abuse of Authority and violation laws. When I refused, of department Community Policing course they complained to council rep- had gone too Community Policing and the resentatives, and it [got] into the politi- far in creating Changing Authority of the Police cal arena. The officers discussed a variety of issues We created problems like that years ago expectations related to the expanded role of the police when we started this neighborhood in community policing and to the chang- that the police policing and [when] it was necessary ing and sometimes misunderstood nature would solve all for us to convince them that the police of their authority. One officer had recently were on their side. We did absolutely the problems. worked for two and a half years in com- everything for them: civil, criminal, job munity policing in a department with a fairs, cleanups, completely run by the relatively long (10-year) experience of com- police department. And it had to be munity policing. He described how the that way because we wanted the com- department had gone too far in creating mitment from them and they wanted expectations that the police would solve to see the commitment from us. all the problems when they initially were trying to convince the community of the We are just now, after 10 years of do- value of the new model of policing: ing this, we are just now trying to transition from that; we can’t do everything I tried for years to get the group…to and don’t expect us to do everything. prioritize their problems. They are crime We are struggling to do our job. It re- problems; we can deal with crime prob- ally impacted their perception of our lems and we will help you deal with authority. some of the civil problems. The biggest problem was the narcotics, the He went on to explain how he felt that the prostitution, and some of the more se- expectations of community residents vere stuff. exceeded the limits of the authority of the police: However, they focused, during the entire time that I was there, on the illegal Our community meeting was nothing vendors near the school in that area. more than a police meeting. I say that They wanted the police to fix the prob- because the police were up in front and lems. And that is a civil problem. You there were 100 people waiting to

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report every problem they had in the the residents to suggest that we were neighborhood to the police. They had the only ones [who] could address those the expectation that we would come problems. back next week and tell them that the …Now they get a patrol officer [who] problem had been fixed. We allowed goes to cover or respond to a problem, [the problem] to go like that for some and they [have] a complete different time. demeanor.…They’re not comfortable We tried to empower these groups, but with [the new patrol officer]. They’re there was a whole lot of resistance. not familiar [with him or her]. He [w]on’t “…[T]here They really did not want to be empow- sit and have coffee with them at meet- ered; they wanted the police to do it ings. is not… for them. We were not really willing to Another officer discussed how police au- comparable tell them that their perception of our thority under community policing is un- training to authority was wrong for fear of their like the “adversarial” authority officers are partnership thinking we were bailing out on this taught to exercise in their training, with program that we were working on for its emphasis on arrests. In community- with the good years. oriented policing, officers must learn community and Later, he described how dependent resi- to exercise authority with “the good engage that dents can become on “their” neighborhood community”: policing team and the dangers of such over- community And partly because the police mental- reliance: ity from the day the person’s hired, in part of I had myself and 10 officers working a going through the academy, with their the problem- small crime-ridden geographical area as field training officer, all through [the the neighborhood policing team.…[T]hey person’s] career, it’s always go out and solving.” became completely possessive of my make arrests. You know, it’s kind of an squad. They chose not to call communi- adversarial training thing here that we’re cations to report crimes. They chose to going to battle with the criminal, which hold onto 911-type aggressive, serious we [battle daily]. And there is a place violations until we met the following for that [mentality]. But there is not the week so that they could police bash. comparable training to partnership with “Hey, someone pointed a gun at me last the good community and engage that Thursday, and I want to report it to you.” community in part of the problem- solving. “Did you call the police?” One officer described how the expectations “Well, no; we want a neighborhood raised under community policing can en- policing team officer to respond.” tail an “unrealistic” request to revert to So…there’s some caution…with putting police actions that once may have been these teams together and working in acceptable, but now may exceed the the communities and having them too limits of police authority: available to community groups or to

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…[T]alking about the community… opposite.…I think the more you’re known asking for unrealistic things—25 to 30 in the community that you work, the less years ago, in the downtown area, they likely you’re going to get involved in any had what they called the Bum Wagon. kind of corruption or stuff like that. I think And that was a paddy wagon that would if you’re not known, you’re a stranger, go around and just pick up all the bums nobody knows you, [and] you don’t know and, depending on how they behaved, anybody, [then] I think you’d be more they either went to jail or to skid row vulnerable.” or you took them someplace else and Similar points of view—that community “…[T]he more threw them out. But they weren’t there policing decreases the likelihood of when everybody got to work in the you’re known abuse—were expressed by other partici- morning, so it looked nice. And these pants without dissent. One suggested there in the people were calling for the Bum Wagon would be a decrease in both abuse and community…, to come back. That’s what they wanted complaints of abuse because police would to do. the less likely be less likely to abuse people they know, you’re going to However, the community apparently did and because citizens would be less likely move the police to take action on the to accuse officers they know of abuse when get involved in homeless problem by developing new ap- they use force: any kind of proaches to address a problem that they had ignored up until the old approach was I think that knowing someone person- corruption.…” rendered unacceptable. They considered ally [causes] a lot less police miscon- using arrest, but “we didn’t think our pan- duct because it would be hard to abuse handling ordinance could withstand the someone you know or [who] knows scrutiny of a Supreme Court challenge, and you as you are. I think when some- we have more than enough homeless ad- thing is maybe construed as abuse, [for vocacy groups out there that would be instance,] you have an arrest where you willing to challenge us. Plus, it’s a lousy have to use force, [then] the people waste of a police officer’s time.” Instead, [who] know you [and] would observe “they came up with some very innovative [you] in the neighborhood where you ways to deal with this, [such as bringing] work would be more supportive of in service agencies that deal with these your using that force because they individuals. Bring in what’s left of the men- know how you are. tal health professionals out there [who] will Another participant suggested that com- actually come.” munity-policing officers “take a great deal of pride in their relationship with their com- Community Policing and the munity or their area, and they value that Potential for Corruption pride for the most part. They’ve bought Asked whether community policing in- into that neighborhood and they don’t want creases the risk of police corruption or to tarnish [their reputation].…So I think misconduct, one participant’s immediate many of their intentions are so honorable response was, “I think it’s just the that, again, corruption is not a factor.”

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Another officer pointed out that instances A participant gave an excellent explana- of serious allegations of abuse received at tion of why he believed community polic- Internal Affairs are rarely, if ever, directed ing is not “just a throwback to the old beat against beat officers: officer” and will not “lead us into the corruption we saw back then.” The difference …[T]he allegations of serious corrup- is the “changes in morality and ethics in tion or serious criminal misconduct are law enforcement from back 40, 50 years not made against those officers who are ago” and after “things like Rodney King”: walking around, walking beats, or [working] in the neighborhood going Well, I think this theory of increased “…[T]here is to the beat meetings. You don’t hear corruption or potential for corruption a different complaints about those officers. You in relation to the community, a police- don’t see those allegations of mis- man comes along with the thought that emphasis on conduct. many people say that, well, commu- morality and nity-oriented policing is just a throw- …The profiles of the officers that these back to the old beat officer…on the ethics in law kinds of serious accusations are made street in New York City. He knew ev- against are plainclothes [or are] doing enforcement erybody on that street, where they lived tactical or narcotics investigation. Those and every shop owner and so on. And than we saw… are relatively young; they have a lot of there was, in fact, corruption very fre- freedom. I understand the need for that 40, 50 years quently. But I think we’re in a different in those kinds of investigations, but I ago.” day and age, and I’m not so sure we’re think that’s where those kinds of accu- going to get the community-oriented sations are headed toward—not to the policing to lead us into the corruption person sitting at the community meet- that we saw back then. The reason… ing. I don’t hear those allegations. is we’ve had things like Rodney King, One officer suggested that although com- and what’s happened in Chicago, and munity policing is “a very positive thing,” its what happened there, and what’s de- presence creates problems by contrast for scribed as happening in many cities. I traditional patrol units. “The problem we’re think there is a different emphasis on dealing with sometimes with patrol units is morality and ethics in law enforcement that when we have to go into an area, [we] than we saw back 40, 50 years ago. I know [we]’re met with a contentious atti- don’t think even the public has a toler- tude because…we don’t know these people. ance for the corruption that was a fact I don’t deal with them all the time, so when of daily life in New York 50 years ago. I have to arrest Joe Blow’s kid and Johnny Jones’s daughter.… ” So I’m not so sure there is this greater risk to it as some people seem to think. In reply, another participant pointed out, I do believe that as time goes on and as “We get to know people and we get to community-oriented policing moves for- know their first names, and we get to know ward, there will be some instances of it something of the family history, but it’s and people will right away say, “Aha, strictly on a professional level.” that was what I was talking about.”

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But I think we’re in a different day and supervision to some extent where the su- age, and I don’t think it’s as great a pervisors [should] empower the officers a risk. great deal more. Give them more and more latitude in problem-solving and in Another officer explained that he thought developing relationships with the community-policing officers are less likely community.” to become involved in corruption because they are under observation and feel the Not only the structure but also the content need to be “representative of what people of the supervisor’s role changes under com- “I don’t think a policeman should be”: munity policing. One officer who was given charge of the community-policing …[W]hen you look at police corruption, think…many unit explained how his work has changed. most times it’s under unsupervised, agencies… uncontrolled situations to where either I went from being a crime fighter, more really have they’ve been in a narcotics assignment or less—not that I’m not a crime fighter community- for a long time, or they’ve been in some now; it’s still part of our role. But I ba- type of special situation where they sically, for the last 15 months, have oriented have no supervision or they have very become [a] real help [to] these young policing lax supervision. They work either with officers [as they] develop a personality just one partner or alone in situations [when] they had the confidence just to tacked down where you have the interaction with the talk [to groups].…I was basically like a solid.” community. coach there—but I had younger people who just could not talk to groups or [Under community policing], [t]he com- just didn’t want to be there. munity is going to hold you to a higher standard, and the officer is going to feel Of particular interest was the concern ex- [as if] he needs to be [held] to a higher pressed by one of the participants that his standard because he’s going to be rep- department and police departments across resentative of what people think a po- the country did not have a true definition liceman should be. But I think that if— of what constitutes community-oriented as with community policing—you open policing: up the whole command system, there I think I can identify some shortcom- [are] more avenues for people to point ings. And because of that, I think we’re out indiscretions of an officer [who is] unable to say that you’ve got a true com- working with the community. munity-oriented policing program. I think that’s what you find quite a bit Departmental Structure and across the country. I don’t think…many Community Policing agencies…really have community-ori- There was some discussion of the way su- ented policing tacked down solid. I went pervision should be restructured in the tran- to one conference a couple of years sition to community policing: “[I]n most ago.… They started off the conference agencies where community-oriented polic- saying, “What do you do at your agency ing [exists]—there should be a looser for community-oriented policing?”

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Somebody says, “Well, we have a horse This officer also had an interesting obser- patrol. Well, we have a substation or a vation about the problem of integrating community service center.” And they de- community policing as it pertains to scribed all these features. But none of officers assigned to the midnight shift: those features constituted by themselves community-oriented policing. And we …[M]idnights in our police department, still, to some extent, hear that today.…So, and I think [in] a lot of police depart- you know, I think we’re not getting comments, is just left out in the cold in re- munity-oriented policing. We’re not gard to any of this, community policing, hitting the nail on the head. whatever it may be. The midnight tour “…[C]ommunity on our police department is exactly the policing Another officer suggested, same as it was 17 years ago when I came I think in our department…the chief… on. It’s minimal manpower. The desk is…supposed tr[ies] to make the department too user man, the house mouse, maybe four cars to be a per precinct. That’s it. Now they don’t friendly or too just community-polic- philosophy ing concept.…The problem is that we know community policing from a hole have—between [sic] the basketball in their head. that every- leagues and the boat rides and the pet- Some of them don’t even know we have one’s involved ting zoo…and about 25 community bicycle patrol out there. What the hell service officers,…these [community] in…and the is that? Bike? What the hell [are] you meetings are usually still police- doing with that? When did that hap- patrol guys bashing.…But I think we’re almost too pen? About 5 years ago. You know, 2 community oriented.…We’ve got every- are…being or 3 years ago. And I think that’s where thing for the community. left out… you run into a lot of corruption prob- Another officer replied, “[W]hat I just heard lems or authority problems, ethical completely.” you describe is a lot of community-rela- problems. tions programs. I didn’t hear you talk about community-oriented policing.” [Officers in the] midnight tour [are] just out there on their own. And it’s their Commenting on the problems that the de- own world. No one gives a shit about partment encountered while embracing the them. No one brings them on board. community-oriented policing concept, one And to me, that’s one of [the problems]. officer was concerned about the “separa- I’m always trying to [work on the prob- tion between the officers who are doing lem]—because I’m an old midnight guy this community policing and what you call and I know the midnight world. patrol.…And that’s the basic weakness we have. I mean, community policing is really And I’m always trying to talk to the supposed to be a philosophy that every- bosses that I’m exposed to and say, one’s involved in. And we’re just training “You know [the problems]; you’ve got my neighborhood task force guys, and the to get the midnight guys involved in patrol guys are kind of being left out of it something. You’ve got to give them completely.” some kind of training. You know,

Police Foundation 26

they’re out there 8 hours a day them- gardless of color. If you’re wrong, selves dealing with the same commu- you’re locked up. I make no bones nity that we’re dealing with, but they about it. It doesn’t matter. I lock up old don’t have any of this philosophy, people, unfortunately, grandmas, little or any of this training, or any of the children, everybody gets locked up if support.” you’re wrong. My criteri[on] is who was wrong and who was right. Age has no Societal Factors That Affect Abuse limit; color has no distinction. Every- of Authority body is locked up. Is it unfair The Effect of Race and Ethnicity Responding to this comment, another of- to stereotype, The topic of race as a factor in police be- ficer suggested, “And I think that comes havior—suspicion, investigation, stops and or is it “smart with experience. You have experience in searches, use of force—is an important a certain area; you know who is who and policing[?]” consideration in any discussion of issues what’s going on, who is not supposed to related to abuse of authority. We began be there and who is. Then you get that gut the discussion by asking the group: Is it feeling: this guy—I’ll check it out.” unfair to stereotype, or is it “smart policing” to know that people of certain types, Another officer suggested that officers who seen at certain hours in certain places, are exhibit racist attitudes in the conduct of basically up to no good? their duties eventually “weed themselves out of this job,” because racism interferes One officer remarked: with doing police work successfully: If I know [that] at 2 o’clock in the morning in a residential neighborhood no In American society today, [if you have] 12- and 13-year-old should be walking a racist cop, [and]…in my experience back and forth business, then to some it’s always proven true,…black cops something is wrong and it’s not because [who] were racist and white cops [who] they’re two young black kids. It’s behave been racist in [his depart- cause of where they are in that particu- ment]…weed themselves out because lar setting. If I work in an all-black ignorance creates ignorance. They neighborhood and I have arrested 40 make their own stupid mistakes that people the last 2 weeks, it’s not because have cost them their jobs. Everyone of I only look for black people; it’s be- them [whom] I’ve known in my career cause that’s all that was there.…I can’t [and who] are black and white [and] arrest white people, Korean people, Ital- had a problem with race or being preju- ian people if there are none. diced or having particular prejudices, weed themselves out of this job. An Furthermore, the officer stressed that for ignorant person and racism and preju- her the issue of race was irrelevant when dice and discriminatory actions [are] it comes to enforcing the law: nothing but ignorance. And ignorance And I say to them all the time, I lock weeds itself out of this job very quickly up people who are doing wrong, re- because it takes away your other senses

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and the other things that will make you But even when you make [an] arrest, survive in this line. you still have to leave them with a certain amount of dignity, and that’s what Others suggested that the key to prevent- we were getting on young officers ing problems associated with “stereotyp- about. [Those officers] were grabbing ing” is for officers to be sensitive to cul- them and telling them to lay on the tural differences and to effectively commu- ground in the rain. [Then the officers] nicate their actions to the person they ap- might have finished what they’re do- proach. As one officer said, “So not only ing, but it’s raining and they still have do we have to become cognizant of what’s [the person] there. We ride by and say “When you going on in their culture, they have to re- why is that person there? Did you do approach alize what the law is as well, because they it? Yeah. Well, why is he still there? Put do bring their cultures here and they [will] the cuffs on and get him in the car. someone, you do different things than we do that’s wrong They’re still people. have to tell in our society.” When asked whether the participants felt [that person] Another emphasized the importance of that discriminatory police behavior is preva- what you’re explaining your actions: lent among officers or whether it is just a false perception in minority communities doing and You have to know how to talk to that is influenced by the media, one of- people.…When you approach someone, why you’re ficer stated that the media were in large you have to tell [that person] what you’re part responsible for those perceptions: doing it.” doing and why you’re doing it. Approaching people and conducting an …[O]n the race issue, I think the police investigation [is] when a lot of problems are still hurting from…the media issue. occur. You explain to whoever you’re You very pointedly see Alabama where dealing with, “I just had a robbery by a they were letting the dogs out on the black [person and] you fit the descrip- marches and taking the fire hoses on. tion. I’m stopping you.” They respect that. And black politicians, as we have tran- People who are out there respect that, scended into the inner cities of being and if they don’t, well, too bad. I’ve got African-American or minority popula- to do my job. But see, if you just don’t tions in the inner cities, [those] black explain the situation, black, white, His- politicians have used the police depart- panic, Oriental, it doesn’t matter. Then ment as stepping stones into political you’re looking for trouble. leadership as well, because it’s been an area that they could attack. This remark led to considerable agreement. One participant offered, “Yeah, that’s true. He also suggested that it may serve politi- If you take the 20 seconds to explain, you cal purposes to accuse police of racism, can divert a lot of problems. People just but the police do not have time to behave want to be informed [of] what’s going on.” in a racist manner: Another added that people want to retain It serves political benefit to keep a their dignity: division of the races and to keep the

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diversity in the arguments expounded between the [minority] community and the because I think most police [officers, police officer.” particularly those who are men,] no One officer, agreeing that community matter what he says when he goes policing has a positive effect on relations home to be the macho self in each par- in minority communities, described a situ- ticular situation, usually handles it in a ation where prejudiced attitudes among professional situation because again, in residents can sometimes hamper commu- most inner-city policing if you went in nity-policing efforts: and handled one color differently [from] “The race card the next one [according to] race, you’d I’ve got a community right now and it will never be a busy person thinking all day. has community police officers assigned to it. They came to me 2 weeks ago go away.… Some officers did acknowledge that dis- wanting black officers, not white offic- crimination is a problem among officers. It’s always ers. I told them there’s nothing to indi- As one put it, “Sure. The race card will cate these officers are not doing their there. never go away. It won’t. It’s always there. job. It doesn’t matter what their race is. Somebody is going to play it.” Somebody I surveyed the other people in that com- is going to Another admitted, “Let’s face it; prejudice munity. It’s a black community and she is still out there.… I have it in my depart- was the only one [who] was making play it.” ment to some degree, but it does happen.” that comment. So it was her own personal prejudice. But I got called in the Race and Community Policing deputy chief’s office about the issue. General agreement existed among the par- He was called also.…Normally, I think ticipants that community policing had a trust has gone up with the community positive effect on relationships between the policing in the black community with police and minority community residents. white officers, overall. It’s just this one As one officer suggested: neighborhood, and it really caught me I think the black, the African-American off guard when she hit me with that. community in [his city], [can change] as the police department becomes more The Culture of Policing responsive. Policing has not been re- In seeking to understand how much the sponsive to the black community [both] culture of policing contributes to abuse of in the past and in the minority commu- authority, we focused on two aspects of nities. We’ve only been [there] because police culture: (a) the “us-versus-them” of the disenfranchised; we’ve only come mentality, with its premise that police of- in and [taken] people in jail. With com- ficers’ constant contact with problematic munity policing, we’re seeing more citizens leads officers to view all civilians changes in those positions. suspiciously; and (b) the “code of silence,” Another officer commented, “I think com- in which police officers protect (by not munity policing is, in fact, about commu- reporting) their fellow officers in situations nication; communication has gotten a lot involving inappropriate or abusive police better. I think that’s a big thing that I see conduct. We began by asking whether the

Police Supervisors 29 participants believed there was an tact with—the entire array of citizens. us-versus-them mentality, and what its role In other words, not just the crooks that might be in the abuse of authority. they’re dealing with day after day and night after night. But also it puts them “Us-versus-Them” Mentality in contact with the good citizens, so it As we began the discussion of whether the brings them balance—brings balance in police are perceived by citizens as operat- their perspective of the public.…Good ing under an us-versus-them attitude, one people [are] out there. Whereas with- officer stated she could see why some citi- out that we tend to see, by contact, [that] zens would have that perception: “Well, I “…[C]ommunity those we view [are] all jerks. can see where that might come across to policing…put[s] citizens, especially ones [who] don’t have Part of the reason that community polic- much contact with the law. When they do ing alters the us-versus-them mentality is …officers in they get a bad, disinterested police [officer], that the community, in partnership with the direct contact [that officer is] the only contact they have.…” police, becomes part of the “us.” As one with…not just However, she pointed out a theme that officer put it, “The communities are point- dominated this discussion. Community ing the finger, saying, ‘That’s him; that’s …crooks…[b]ut policing could be effective in changing that him. He’s dealing drugs on the corner; get also…with… perception of police. “I think the commu- him, and get him out of our neighbor- nity-policing concept is helping to eradi- hood.…’ So it’s a community actually steer- good citizens. cate [the problems] because…there’s more ing us to them; they want us to do that. So …[I]t brings… of a personal relationship there, I think.” for that certain element—say that 85 or 90 percent—that’s where we are in a favor- balance in their Another participant shared a similar view able light.” perspective that community policing would not only change the attitudes of citizens, but also Some participants thought that to some of the public.” the attitudes of police officers: extent the us-versus-them mentality is more prevalent among new or inexperienced When you first come on [the police police officers: force],…you’re out there in that patrol car, and all you’re dealing with is Only to the extent that I think new assholes. So [officers] get this mind-set police officers quite often project a su- that everybody’s an asshole, and it perhero attitude or demeanor, which drives their view of everybody. And tends to separate law enforcement from that’s why I think community policing the public. I agree that we beg accep- is so important, because it does a lot to tance and so on, but I think that comes break down those attitudes. It lets folks after—let’s say, somewhere in that first know—it lets cops know—that there 5- or 7-year period.…An awful lot of are good people out there. There are officers…project a superhero image in people out there that support you. their off-duty time, as well as their on- Another officer added: duty time.

Well, I think what community policing A number of the participants commented does is put those officers in direct con- that the us-versus-them mentality is a

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requirement of their work and, more im- [For] a beat officer and in street-crime portant, that attitude is more often directed units, all your contacts for that 8-hour toward those individuals who constantly period, 99 percent of that contact is come to the attention of the police than negative contact. So how can you take toward the general public. Typical an individual and give him any other comments included the following: attitude or any other perception of life, other than dealing with negative, which Yeah, I agree. I mean depending on makes him negative in its context.… what group of society you’re dealing He’s either hearing how bad somebody with. I mean the positive element, no. “[For] a beat just ripped them off, or dealing with We go out there and are projected in a the bad guy saying how [someone] just officer and positive light. But the people I deal with ripped him off. in street- in a street-crime unit, yeah, it’s almost like urban warfare. It is us against them. The officers engaged in an interesting dis- crime units, My job is to get them; their job is to cussion of how they cannot shed their …99 percent bail out, and jump over fences.…Yeah, police identities when off duty (“You al- with that certain drug-dealing element, of that contact most live this job”), and how they find it the little scum of society, yeah, abso- difficult to maintain contact with friends is negative lutely. That’s the way I feel. And, by who knew them before they became contact.” any means necessary, we go out and police officers. It takes concerted effort to we do our job. I’m not saying kick them get away from the police culture. Those in the face, handcuff, and beat them, factors exacerbate an us-versus-them men- and put their heads in toilets. But we tality. As one said, do our job; we do it with the court’s I think there is an us-versus-them [atti- law, and the policies and procedures, tude], and “them” could be the bad guys and the law and all the parameters that and the good people out there.… we have to meet. But, yeah, absolutely He had to make an effort, and I made .…But [considering] the people I deal the same effort, although sometimes I with a couple nights, three, four nights analyze it and say, “I failed.” I’ve made a week, it’s brutal. an effort to keep all my non-police I agree with everything that’s been said, friends. But you know what? Because but it’s that small population.…But of the schedule you work and the hours those people we keep—like M—— was you work, and as the years go by, I say talking about, you keep arresting the to myself, Jesus Christ, I haven’t seen same people over and over and over. [those friends] in years. Well, I think [that for] the majority of I go to weddings; it’s usually cop wed- the citizens, I don’t think it’s us and dings. Again, because of the hours you them. work, if I go for a beer, it’s usually with But, yeah, I agree. There’s a certain [a] bunch of cops. It’s something that I percentage that we deal with all the consciously wanted to avoid, but it’s time—actually it’s a big percentage. difficult to avoid because you’re all

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living in the same environment, the each issue as it comes before us.…But same schedule. And that creates an it’s not—we deal with particular issues, us-versus-them [attitude]—not even and [we hope] we deal with people on good guy, bad guy. You’re in a culture an individual basis more than we deal that you have to make an effort to get with them as us versus them. out of. Actually, it’s a pleasure to be Another added, “We’re more stereotyped around people—non-police people— than some of the ethnic groups and all the who don’t bring up policing also. other groups that are out there.…So that’s Another officer stated: part of the us against them. It’s not us, the “You almost good guy against the bad guy—we’re just There’s nothing more annoying than regular…we’re blue collar [workers] too.” live this job…” when you go in a place, or a restau- rant, and they go, “I didn’t do it; he did To combat problems associated with the “Policing is us-versus-them mentality, one officer sug- it”.…You almost live this job; you what I do; really do. And you try not to have [only gested that officers should be rotated police friends]. [As] both of these gentle- throughout the different areas of a city: it’s not who men said, “I have friends on the out- …[O]ur city is divided in quadrants, I am.” side, but [because of] our schedules and basically four quadrants. You have your interests, [I] end up going back to that: business area, which would be consid- I’m always with cops.” ered here; then you have your straight Another officer stated, “Sometimes you residential area. And for people who don’t tell people you’re the police.” Once patrol nothing but residential area all she made the decision to tell people her their career, and [who] have never been occupation: “Everybody at that point outside that particular district, they do changed and treated me different, because have a separate mind-set. And I’ve al- I’m with the police. And I am who I am. ways said, “People should be rotated Policing is what I do; it’s not who I am. through the quadrants of the city, be- And I have to make people aware that I’m cause if you know only one thing, and still a person.” how to deal with one sector of people, it’s hard to break that habit.” And some Summing up the sentiments expressed by people have been in that same career, those officers, one officer noted: [have never gone] anywhere else. And if you take them from straight ghettos I think we’re all begging for acceptance. and put them in someplace like [an We’re not the ones saying us versus upper-class neighborhood], it doesn’t them. What we’re asking for is to ac- work. You will get complaints. cept T—— and accept S——, not to group us as police; they group us as People think that this person is abso- individuals and human beings. That’s lutely out of control, but you take that what I think all police [officers] are ask- officer out of that and put him back ing. It’s not us against them, as far as where he is, and he’s the best thing we perceive it. We’re going to deal with happening. So [officers] need to be

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rotated around. I always tell people, who might have been on the opposite after 5 years, try to move somewhere side of the street [will come in and give] else, even if it’s to an investigative po- you a statement. So you try to give [of- sition or something. [Officers] need ficers] that opportunity to come forth, something else, because, if not, [they] and when they don’t, you just light get in that mold and it’s hard to break. them up. You have no choice, and that to me is the code of silence. Agreeing with that comment, another officer stated, “It makes you a better police One participant noted, quite angrily, that officer, I think. It makes you a better all- the topic of a code of silence was not “You talk around police officer, but it’s hard to do.” unique to the police profession, “You talk about the code about the code of silence as if it is something that is unique to police work. But of silence as if Code of Silence what have we all heard since we [were] The topic of the “code of silence” or “blue it is something first able to talk? Don’t be a tattletale. That wall of silence” generated controversy as is what society wanted. This isn’t some- that is unique it had when the topic was discussed in the thing that is just specific to police work, rank-and-file focus group. The discussion to police for God’s sake.” began with one of the participants provid- work.” ing a definition of what she thought is the Another agreed, “What disgusts me about code of silence, a code that pertains to rank- this topic is that law enforcement gets and-file officers, but not to management: tagged with this, and it is such a critical issue from the public’s perspective. Yet, When I think of code of silence, I guess they don’t see that this is what is going on I don’t look at it so much as from a man- with doctors and lawyers.” agement point of view, but I look at the two scout car partners, and one guy However, that officer, as well as the other crosses over the line. And the guy [who] participants, agreed that to a certain ex- has to drag him out the house and, he tent the code of silence does exist in po- knows, should not have struck the licing. Eventually it seemed, as in the rank- citizen.…That [officer’s] responsibility…is and-file group, that it was the term itself to tell, and sometimes they don’t until that was most offensive: that complaint comes down and you do In law enforcement, I think it primarily that investigation. And that’s where I al- pertains to the layers of rank. In other ways see the code of silence. words, code of silence among officers Because they feel like, I went in and and then among supervisory person- snitched. I don’t want to be the one nel, and so on, as [one participant] [who] has to tell it. But then you have pointed out. I think there is, I hate to to let [officers who cross the line] be use the term, this concept in operation, put in the hot seat, because it’s always but I don’t think it is near what the somebody out there who saw what public and the media portray it as. happened. Whether you know it or not, There are other elements working somebody, some citizen, somebody about this, I hate to use the term, code passing by, some other police officer of silence.

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Another officer suggested that the more One participant noted that a supervisor’s appropriate term would be “[c]overing for overlooking minor rule violations does not people.” He went on to explain why offic- constitute a code of silence. ers have to cover for someone who, “as I think M—— is making a good point in big a jerk as he may be, might be your differentiating when talking about the lifesaver”: code of silence and criminal conduct, and Officers tend to cover for each other what might be perceived as improper because they know that a part of that behavior within our rules and regulations shift is a person they don’t like. They …and whether or not it was investigated “…[Officers] know they don’t like the way their part- or if that person is disciplined or not.… ner operates and the things that they That was a supervisor’s decision to do won’t impede do, but they don’t know how often they one thing or another thing that may or your will have to work with that individual, may not be proper. And even if you don’t and they know that they always have turn that person who went to take a nap investigation. to count on that individual for backup. into IA [internal affairs], if you didn’t do But they do, That person, as big a jerk as he may that…that is not the code of silence. [It to a degree, be, might be your lifesaver. You may should be] my choosing to discipline or not like him. If it was your choice, you not.…It is not even close to a code of close ranks.” wouldn’t work with him, but you have silence. to depend on him. Another officer commented, “And as a su- A case that we had once was a deputy, pervisor, whether you are a sergeant or a who I am glad to say quit.…The day lieutenant—and in most organizations, you after he left, all these stories surfaced have a progressive discipline procedure if from the deputies about his activities you have a minor violation—you don’t and what he was doing. We were want to burn the guy on paper. You can scratching our heads and asking why pull him in; you can counsel him and docu- didn’t you tell us last week or 3 months ment it for your own records.” ago or a year ago. But they wouldn’t One officer observed that officers will say. I think it is somewhat understand- “close ranks” during a criminal investiga- able, because even though they didn’t tion, not just rank-and-file officers, but ser- like him, he was part of their backup. geants too. “They won’t impede your As the discussion continued, it became ap- investigation. But they do, to a degree, close parent that an important distinction existed ranks.” between the participants’ perceptions of a In contrast, with respect to criminal viola- code of silence when violating a minor de- tions, all of the participants agreed that they partmental rule or regulation and the code would not “condone blatant criminal of silence when committing a criminal vio- activity.” Short of what they considered lation. As one said, “[I]f anyone of us knew criminal though, the code may apply: that one of the other ones was in the pro- “Criminal things, we don’t condone that. cess of committing a felony someplace, Once in a while, there is a cop who gets …there would not be a code of silence.”

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pegged with DWI. The guys stop to get a I think this wall of silence, the media beer after work and [he] gets stopped and picks it up out of police doing things arrested. Should he lose his job? No. Do wrong. That is not a wall of silence; you have a domestic? Sometimes things get that is a criminal conspiracy. You know a little hot between you and your spouse; you have the buddy boys in New York. you make a bad choice and get pinched. That is all conspiracy stuff. Those are Should you be vilified publicly? No.” criminals wearing uniforms.

Comments on distinguishing the applica- [O]ne point to keep in mind…is that “I don’t think tion of a code of silence in criminal and you are in a room full of lieutenants non-criminal situations included the and sergeants here. And we are there is a code following: honored to perform our job for our organization. As far as code of silence, of silence at all [Concerning] the code of silence, there I think that what C—— said, that at the are very few police officers—and it may when we are patrolman level, maybe it is a little dif- differ from jurisdiction to jurisdiction— ferent. But there is nobody in this room talking about but … just from what I know about the who is going to condone blatant crimi- criminal people sitting at this table, I think that nal activity.… But when you are talk- if anyone of us knew that one of the conduct.” ing about the code of silence, you are other ones was in the process of com- talking about New York and the really mitting a felony someplace, there would limited things that happen. But every- not be a code of silence. And I really body here, we are supervisors and we object to labeling us as having a code are going to represent our organiza- of silence. I think there have been in- tions. Even on the patrolman level, if a stances in different departments when cop really screws something up, every three or four officers, who are involved other member of that organization is in a felony, know about something, giving thumbs up when they pinch him. [and] maybe two or three officers won’t We don’t want bad cops representing say anything. But on a supervisory level us, either. and a management level, I think there are very few instances when the code …But the point is [that] we all want to of silence would [become] the pointed do the right thing; most people do in dagger that you are trying to throw here. society. As police officers, [when] we come to work, we want to do the right I don’t think there is a code of silence thing. When somebody crosses the line, at all when we are talking about crimi- we don’t cover it. We are all good people nal conduct. And if it is, those people here. And across the nation, policemen are part of a criminal mind. are, by and large, hardworking people; I think that the wall of silence, as far as we are no different from you. criminal things, is a thing of the past. I At the close of the discussion, one partici- hear a lot of cops saying they are not pant related an investigation of criminal going to lose their house because of misconduct among a group of officers in you. his department, which indicates that rank-

Police Supervisors 35 and-file police officers share the supervi- civilian review, the knee-jerk reaction sors’ attitude against a code of silence to is no way, yatta yatta, they go on and protect criminal violators: on. If they only knew, civilian review authority is nothing more than a tooth- We had [a] group that was doing the less tiger. They’re easier on cops than drugs and different stuff. We had an the departments are themselves. undercover FBI investigation going. But Bottom line. we were constantly getting calls from other officers to the point that they were [O]ur review authority…[is]…looking to saying, “You sonofabitches ain’t going get a case. They had 9 months without “…[C]ivilian to do nothing about it, and I don’t even a specific case. know why I bother to tell on them review…is… anymore”.…[However,] we were trying We found that when we had it, they a toothless to get all the ducks in a row to get them were not prepared for the complaints. tiger. They’re prison time. We were like 5 years behind. We had maybe 400,000 complaints with four or easier on Solutions five people on the board.…It was just cops than the Agency Procedures for Dealing with overwhelming, so they did away with Abuse of Police Authority it. So we do it in-house at the station, departments We asked a number of questions regard- and if it’s criminal, it goes to IA. …themselves.” ing procedures for handling complaints: How should investigations of citizen com- We’re just starting one so our citizen plaints be handled (i.e., internally or by review is going through a citizen acad- outside civilian review)? Is civilian review emy now. They’re not going to review of police misconduct effective in address- every complaint, only those of deadly ing problems of abuse? force issues and more serious issues. They’re not going to handle the cour- As we discussed in the rank-and-file focus tesy complaints and the verbal stuff. group’s report, a number of U.S. cities have some form of civilian review for citizen Yeah, it’s totally different. The problem complaints against the police. However, the our officers have [is] we have civil ser- use of civilian agencies to monitor police vice protection and that’s all civilian. conduct is very controversial, with the po- So they review—the chief cannot fire lice arguing that only the police can effec- you. He can only suspend up to 90 tively “police” the police. We asked the days. That’s all the power he has. He participants what their perceptions of the can recommend termination. It goes to use of civilian review boards were and civil service board, and they meet and whether their own cities had established you have your attorney present and the the bounds for reviewing citizen com- board has their attorney. They present plaints. Participants responded as follows: the case to this board. And they’ve been Internal affairs works. Civilian review pretty fair to the police. Police officers authority, as soon as you mention love civil service. They fired one 2 or 3

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weeks ago, but still, we trust them for It’s a toothless tiger. I mean they come the most part and we like it. But now back, they exonerate, and then [they] we’ve got this extra. To me, civil ser- do not sustain more cases against cops vice is almost like a civilian review. So than our Internal Affairs unit does. now we’ve got something else to go Perhaps not surprisingly, the participants through. And any police unit we have overwhelmingly preferred internal review [is subject to] the homicide investiga- processes (e.g., Internal Affairs) over citi- tors, internal affairs investigators, SBI, zen review, and they believed internal re- sometimes the FBI, the DA’s office and view was most effective in preventing “…[I]nternal their investigators, and now civil ser- abuse of authority: affairs is more vice and citizen review. I mean where does it stop is what we kept wonder- Internal affairs works. threatening.… ing. How much further double-check- We’ve all been ing, double-checking, double-checking? I think internal affairs is more threat- So I…wanted to hear how these civil- ening because we’re police officers. out there, so ian reviews work. We were petrified of We’ve all been out there, so we know we know how them to begin with because it came how to play the game. about a couple of pre-shoots. We had to play the …The officers feel [that] if it goes to a couple of them close together and all IAD, it’s going to be thorough and done game.” of a sudden we need civilian review; because our IAD comes. It’s just like we need civilian review and now we Dragnet. They come and they…flip the have one. badge. They take you and they say IAD We have a civilian review board that is is in the building, pull the files. People always empaneled when there’s a are already petrified.…So it’s an amount controversial issue. If it’s not contro- of fear, a mind-set when IAD comes, versial, the board doesn’t review it, but but when you say [civilian review], it’s usually issues of deadly force or people say whatever.… excessive force. [Such issues always I’d rather deal with internal affairs. I make] the headlines. think the lieutenants assigned to it are Our civilian review board has investi- fair, and they clear more cops. I think gative powers and the [members] actu- they investigate and they’re a lot fairer ally have subpoena powers. That’s been and a lot more thorough and more pre- an ongoing fight here lately, and it’s in cise. I would go with them. In our appeal to the state supreme court that civilian review board, it’s a group of they actually subpoena our personnel folks [who] review little training and records.…And this has been in sustain—of course, with the chief in our existence about three and a half years. internal affairs and our chief can over- To this date, they have yet to find a turn and he has the final say. But I’m substantive case against an officer. not going to leave my crew to some

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guy who is the day manager of Little …[T]he district I worked in recently was Caesar’s or the day manager at 7-11 to all residential neighborhoods—like the say whether I can work again because worse place. People said when you he sits on some review board. come out of the academy, don’t go in that district. That’s the worse district. I think my people feel just because they So people really had a fear going in hear the other officers talk they’re a little [such as] “oh, my God! I’m going to be bit intimidated by it, but I don’t know shot at every day.” It’s a total ghetto. anyone who has got a bad deal from There’s nowhere to eat. IA. I think once [officers] get up there …[C]ommunity they get a fair shake. But once the [officers] got there they found they learned a lot. The citizens policing [offers] Rewarding Good Policing wanted to kind of build up a more posi- an excellent tive image, so what they did was they The topic of rewarding good policing pro- opportunity duced an interesting array of responses came to a meeting and they told our from the participants. One officer sug- commander, “We want to put on an for providing gested, “Good work is its own reward. How awards banquet for the officers because positive many people go out and do a good job?” we really appreciate them. We’re going feedback to Another indicated, “We don’t have support to get different businesses and other beat from anybody really. All the satisfactions officers and whoever nominates an of- and recognition that we get are all in our own minds.” ficer on the beat. We’ll give the [officers] a plaque and a big dinner, and they get of the Other comments included the following: to invite a guest of their choice: wife, accomplishments spouse, or whatever. The phone call of saying, “Hey, thanks.” of police So officers were [saying,] “Okay, let’s Oh, just the recognition among your officers. see what’s going to happen.” And they peers or in front of your peers of a job rented a beautiful hall. It was one of well done. the hotel’s ballrooms, and they gave out In general, the participants felt that com- these wooden plaques and money, and munity policing offered an excellent op- the officers really didn’t think it was portunity for providing positive feedback going to be a big deal. They invited the to and recognition of the accomplishments mayor and the council members,…I of police officers. As one officer suggested, mean it was just a big thing and for now the appreciation goes beyond one’s that moment, just felt [as if] after all I’ve fellow officers: “And I think community done in 15 years, [people] really thought policing has expanded that circle a bit. And enough of me to go out of their way. there’s more community support.” In [another area of the city], the police Another officer related her experience as department [and] the officers com- a community-policing officer when the plained they didn’t have a place to community arranged an awards banquet work, so the citizens of the…area gave for the officers:

Police Foundation 38

them brand-new work-out equipment police officers. That means a lot. I don’t [and] built [for] them [an actual] work- know if that would have happened if out room. It’s the little perks, the little [community policing] hadn’t been in thank yous. place.

Another officer, providing a remarkable example, described how the community Conclusion reacted in a positive manner, demonstrat- Like the previous groups, the supervisory- ing their support for the remaining officers level focus group discussion provided in- when faced with a police scandal involv- sights into some of the most controversial ing officers in their district: and sensitive issues in policing. We were …[A]fter the…scandal [and] officers satisfied that the discussions were both can- were arrested, that community did a did and thoughtful, enabling us to better number of things for the police in that understand such issues from the perspec- district. I’m sure that’s the only thing tives of police sergeants and lieutenants, who that kept that district going. That had not only are challenged by them on a day- to be devastating to have seven of their to-day basis, but also have a responsibility people on television being led into the to see that those under their supervision meet Federal Corrections Center. What a hor- those challenges. Their perspectives were rendous morale problem they had. But incorporated in developing the survey and their community banded together and continue to inform our research in the they had an award ceremony. They did study of police authority in the age of other things for the remaining good community policing.

1. The quoted portions of this appendix have been edited sparingly to enhance readability while maintaining the speaker’s voice.

Police Supervisors