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Factors Leading to Civil Unrest in the Wake of Police Lethal Use of Force Incidents

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Factors Leading to Civil Unrest in the Wake of Police Lethal Use of Force Incidents CALIFORNIA BAPTIST UNIVERSITY Riverside, California Factors Leading to Civil Unrest in the Wake of Police Lethal Use of Force Incidents: A Tale of Two Cities A Dissertation Submitted in partial fulfillment of the Requirements for the degree Doctor of Public Administration George Richard Austin, Jr. Division of Online and Professional Studies Department of Public Administration April 2019 Factors Leading to Civil Unrest in the Wake of Police Lethal Use of Force Incidents: A Tale of Two Cities Copyright © 2019 by George Richard Austin, Jr. ii ABSTRACT Factors Leading to Civil Unrest in the Wake of Police Lethal Use of Force Incidents: A Tale of Two Cities by George Richard Austin, Jr. Since August 9, 2014, the day Officer Darren Wilson shot and killed Michael Brown in the small city of Ferguson, Missouri, large-scale protests after police-involved lethal use of force incidents have become much more prevalent. While there is much academic and public debate on why civil unrest occurs after these unfortunate incidents, there is very little scholarly literature that explores the structure of civil unrest events or literature that attempts to explain why and how peaceful protests turn violent. This dissertation, through exploratory content analysis of extensive after-action reports, provides insight into two instances of civil unrest in the wake of officer-involved lethal use of force incidents: the Minneapolis, Minnesota, civil unrest in the aftermath of the November 15, 2015 shooting of Jamar Clark and the Charlotte, North Carolina, civil unrest in the wake of the September 16, 2016, shooting of Keith Lamont Scott. The study examines the phenomenon of civil unrest from the theoretical frameworks of representative bureaucracy and rational crime theory and utilizes a case study comparison and content analysis research design. The author is a police veteran of almost 3 decades and retired at the command level from a major city police department in the southeast. He currently serves as the police chief of a midsized municipal police department in the Metro-Atlanta area. Keywords: police use of force, civil unrest, rational choice theory, representative bureaucracy, content analysis, wicked problems, nonlethal force iv Declaration of Conflict of Interest This researcher worked for the Charlotte-Mecklenburg Police Department during the time of the Keith Lamont Scott shooting incident. The researcher had no direct connection, decision-making responsibility, or influence in the preparation for or management of the civil unrest that ensued. At the time, the researcher was assigned as a captain in the CMPD Internal Affairs Bureau, which was the unit responsible for the internal review of the shooting; however, the researcher had no direct connection in reviewing the case and retired before the shooting board convened. v ACKNOWLEDGEMENTS I would like to thank the entire DPA faculty of California Baptist University for your presenting me with numerous (seemingly insurmountable) academic challenges and then guiding me on a path of success in learning and self-discovery. This journey has truly been a blessing that will allow me to better serve others. In particular, I would like to thank my dissertation committee, Dr. Elaine Ahumada (Chair), Dr. Mark Kling, and Dr. Jesse Holguin. Your guidance and your show of support throughout the dissertation process was absolutely phenomenal. I would also like to thank Dr. Dean Dabney, professor and chair of the Department of Criminal Justice and Criminology at Georgia State University. Thank you so much for your advice, assistance and ever-willingness to share your vast experience and expertise with me. Also, from Georgia State University, I would like to thank PhD student and scholar Krystlelynn Caraballo for her outstanding work as my interrater for this research work. Thank you also for sharing your invaluable insight with me and for allowing me the opportunity to share a glimpse into my research work with your criminal justice students. Lastly, I would like to thank my fellow CBU doctoral cohort members. It has been such an honor and a blessing to be a part of our collegial group. I have learned much from each of you. I wish you all ongoing success and continued learning as you strive to “live your purpose.” Godspeed! vi DEDICATION This work is dedicated to my beautiful wife Ashley and our wonderful daughter, Claire. Thank you for your love and support during this journey. I would also like to dedicate this work to the loving memory of my parents, George Richard Austin, Sr. and Carolyn Ferrell Austin, who taught me to work hard and to reach for my goals. You are truly missed. vii TABLE OF CONTENTS ABSTRACT ....................................................................................................................... iv ACKNOWLEDGEMENTS ............................................................................................... vi DEDICATION .................................................................................................................. vii LIST OF TABLES ...............................................................................................................x LIST OF FIGURES ........................................................................................................... xi CHAPTER 1: INTRODUCTION ........................................................................................1 Focus of the Study ...............................................................................................................1 Statement of the Problem .....................................................................................................1 Purpose and Scope of the Study.........................................................................................10 CHAPTER 2: LITERATURE REVIEW AND THEORETICAL FRAMEWORK ..........11 Cases Reviewed .................................................................................................................11 Jamal Clark Shooting Incident .....................................................................................12 Keith Lamont Scott Shooting Incident ........................................................................29 Theoretical Framework ......................................................................................................41 Representative Bureaucracy.........................................................................................41 Rational Choice Theory ...............................................................................................45 CHAPTER 3: METHODOLOGY .....................................................................................48 Case Study Comparison .....................................................................................................48 Research Design.................................................................................................................51 Phase 1—Immediate Aftermath ...................................................................................52 Phase 2—Gathering .....................................................................................................52 Phase 3—Flashpoint ....................................................................................................53 Phase 4—Intervention ..................................................................................................53 Phase 5—De-Escalation and Return to Normalcy .......................................................53 Other Factors ......................................................................................................................54 Content Analysis ................................................................................................................54 CHAPTER 4: RESULTS ...................................................................................................57 Statistical Significance of Findings ...................................................................................57 Coding Method of Themes and Subthemes .......................................................................57 Report Coding Comparison ...............................................................................................58 Data Focus .........................................................................................................................58 Crowd Management ...........................................................................................................60 2008 Republican National Convention ........................................................................60 2012 Democratic National Convention .......................................................................61 Public Order Bicycles ..................................................................................................62 Constitutional Law Considerations and Guidelines .....................................................63 Departmental Policy...........................................................................................................65 Community Oriented Policing Services (COPS) Policy ..............................................65 viii Use of Force Policy ......................................................................................................66 Procedural Justice and Racial Profiling Policy ............................................................68 Intervention ........................................................................................................................70
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