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Police Institutions and Police Abuse: Evidence from the US

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Police Institutions and Police Abuse: Evidence from the US Police Institutions and Police Abuse: Evidence from the US A thesis submitted in partial fulfilment of the requirements for the degree of Master of Philosophy in Politics: Comparative Government Department of Politics and International Relations University of Oxford Trinity 2018 Word Count: 29,912 Candidate Number: 1011861 Police Institutions and Police Abuse: Evidence from the US Abstract What can explain variation in police abuse across America’s largest enforcement agencies? This question is salient given the media attention and the investigations conducted by the US Department of Justice finding problems of accountability and transparency in America’s policing apparatus. Situating itself on the intersection between the public-sector union, special interest group, and criminology literature, this thesis argues that police union mechanisms, specifically police protections, can explain variation in police abuse. The study employs an originally constructed index of police protections comprised of police union contract and Law Enforcement Officer Bill of Rights (LEOBR) provisions. First, there is a positive and significant relationship between police abuse and police protections. Second, while local-level ideology has no influence on the ability of unions to create police protections, state-level ideology vis-à-vis state labour laws hinder the ability of unions to create police protections. Finally, to address alternative explanations for continued abuse, I present a paired, qualitative case study of Chicago, IL, and Dallas, TX. I demonstrate the importance of labour histories and minority law enforcement unions for creating better policing outcomes. 2 Police Institutions and Police Abuse: Evidence from the US Acknowledgements “Power is easily misused by those in power. You either roll over or you fight back.” – Myron Beldock, Esq. (1927-2016) I am indebted to dozens of individuals in my life who have not only made this thesis possible but provided me with the opportunity to study at Oxford. First, I would like to thank my family endlessly for their love and support and sacrifice, specifically my sister, Fatoma, for continued support. Second, I thank the officers and interviewees for their participation and their commitment to careers in public service protecting American communities. Third, a special thank you to Erik Mebust, Gabriel Delaney, Alex Coccia, and Samuel Levy for their feedback and review of my paper. Additionally, I would like to thank Neal Barsch, Aven Satre-Meloy, Navin Cooray, and Anis Gammage for reviewing the quantitative methods employed in this paper. I would also like to thank Dr. Stephen Rushin and Arthur Rizer for their expert feedback. The amazing work conducted by Campaign Zero cannot be understated and a big thank you for their hard work and dedication. Finally, I would like to thank the Beldock, Levine & Hoffman family who have provided me with guidance, motivation, and financial support to make my studies a reality. Thank you for providing me with the opportunity to work on a range of cases during my employment which revealed the fault lines in America’s criminal justice system. I thank Karen Dippold for inspiring the research topic, Luna Droubi for continued motivation, and Keith Szczepanski for his continued faith and support. The generosity, love, and support from Katherine Thompson and Jonathan Pollack were both critical in providing me with the luxury to attend Oxford. This thesis is dedicated both to the life of Myron Beldock who devoted his life fighting wrongs in the American criminal justice system and to his clients who were the real heroes in the fight for a free and fair justice system. 3 Police Institutions and Police Abuse: Evidence from the US Table of Contents INTRODUCTION ...................................................................................................................................... 6 LITERATURE REVIEW ........................................................................................................................ 11 Origins of Police Culture & Race ........................................................................................................... 12 Individual vs. Systemic Approaches ....................................................................................................... 13 Agent-Based Theories: Police Unions ................................................................................................... 15 Identifying the Gaps ................................................................................................................................. 20 THEORY & HYPOTHESES ................................................................................................................. 25 Framework for Analysis ........................................................................................................................... 25 Theory ......................................................................................................................................................... 27 Mixed Methods Framework .................................................................................................................... 34 Disclaimers ................................................................................................................................................. 35 DATA & CONSTRUCTION OF INDEX OF POLICE PROTECTIONS ............................ 37 Context on Data in American Criminology .......................................................................................... 37 Data ............................................................................................................................................................. 38 Dependent Variable .................................................................................................................................. 39 Independent Variable: Index of Police Protections ............................................................................. 41 Limiting Oversight ................................................................................................................................ 44 Reducing/Preventing Oversight ........................................................................................................ 45 Statutes of Limitations on Data Retention & Use (Unsustained) ................................................. 45 Statutes of Limitations on Data Retention & Use (Sustained) ...................................................... 46 Requiring City to Pay for Legal Costs and Indemnification .......................................................... 47 Requiring City to Pay for Suspension/Fees ..................................................................................... 47 Restrictions on Non-Sworn Investigators ........................................................................................ 48 Unfair Access to Investigative Materials (Full Access) ................................................................... 48 Limitations on Filing of Complaint ................................................................................................... 49 Formal Waiting Periods that Delay Investigations .......................................................................... 50 Limiting Transparency ......................................................................................................................... 51 Arbitrating Disciplinary Actions......................................................................................................... 51 Discussion of Index.............................................................................................................................. 52 Weighting ............................................................................................................................................... 53 Limitations ............................................................................................................................................. 56 Independent and Control Variables ................................................................................................... 57 Empirical Model ........................................................................................................................................ 58 POLICE PROTECTIONS & POLICE ABUSE .............................................................................. 62 Findings ....................................................................................................................................................... 62 Analysis ....................................................................................................................................................... 64 4 Police Institutions and Police Abuse: Evidence from the US Endogeneity ............................................................................................................................................... 73 Discussion .................................................................................................................................................. 76 IDEOLOGICAL INFLUENCE ON UNIONISM ......................................................................... 78 Empirical Model ........................................................................................................................................ 79 Data & Methods .......................................................................................................................................
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