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Downloaded 2021-09-29T14:55:17Z Provided by the author(s) and University College Dublin Library in accordance with publisher policies. Please cite the published version when available. Title The usual suspects and usual spaces? People and place in complaints about Irish police Authors(s) Moss, Brian Publication date 2016 Publisher University College Dublin. School of Sociology Link to online version http://dissertations.umi.com/ucd:10096 Item record/more information http://hdl.handle.net/10197/8571 Downloaded 2021-09-29T14:55:17Z The UCD community has made this article openly available. Please share how this access benefits you. Your story matters! (@ucd_oa) © Some rights reserved. For more information, please see the item record link above. The usual suspects and usual spaces? People and place in complaints about Irish police. Brian Moss 09131884 This thesis is submitted to University College Dublin for the degree of PhD in the College of Social Sciences and Law. April 2016 School of Sociology Head of School: Diane Payne Principal Supervisor: Aogán Mulcahy CONTENTS Acknowledgements iii Abstract iv Chapter 1 Introduction 1 Chapter 2 Ireland as context 7 Chapter 3 Literature Review- police deviance and its oversight 19 Chapter 4 Literature Review- complaint behaviour and police oversight 38 Chapter 5 Methodology 62 Chapter 6 Analysis I- Complainants & Complaint Processing 94 Chapter 7 Analysis II- Complaint Geography 115 Chapter 8 Discussion 144 Chapter 9 Conclusions 169 Bibliography 179 Appendix I Survey Form 201 Appendix II GSOC 1 Form 203 Appendix III Alternative regression approaches 205 Appendix IV Complaint Emission Maps using HP and TJ indexes 207 Appendix V Freedom of Information Response from Department of Justice and Law Reform 208 LIST OF FIGURES, TABLES AND CHARTS Figure 7.1 Complaint Emission- Scotsburg 124 Figure 7.2 Complaint Emission- Hometown 125 Figure 7.3 Complaint Emission- Duville 125 Figure 7.4 Local Moran’s I- Scotsburg Emission 128 Figure 7.5 Local Moran’s I- Hometown Emission 129 Figure 7.6 Local Moran’s I- Duville Emission 129 Figure 7.7 Local Moran’s I- Scotsburg Incidents 134 Figure 7.8 Local Moran’s I- Hometown Incidents 135 Figure 7.9 Local Moran’s I- Duville Incidents 135 Table 5.1 Variable, Data Source and Final Variable Form 84 i Table 6.1 Complainant Characteristics 95 Table 6.2 Caseload Characteristics 98 Table 6.3 Complainant Variables and Complaint Admissibility 102 Table 6.4 Regression of Admissibility Status 108 Table 6.5 Regression of Complaint Outcome 110 Table 6.6 Regression of Investigation Ownership 112 Table 7.1 Scotsburg, Hometown and Duville Station Area Profiles 118 Table 7.2 Pattern of Emission Points 121 Table 7.3 Mean Allegation Type Values- Emission 127 Table 7.4 Emission-Incident Point Overlap 130 Table 7.5 Emission-Incident Distances 131 Table 7.6 Pattern of Incident Points 132 Table 7.7 Mean Allegation Type Values- Incident 133 Chart 6.1 Allegation Types for RAPID and non-RAPID areas 100 ii ACKNOWLEDGEMENTS The assistance of Mr. John Manning at Pobal in providing digital map files and population data is gratefully acknowledged as is informal assistance from two academic staff and one GIS administrator based in three separate universities. The decision of the Garda Síochána Ombudsman Commission to make case files and data available for this study is recorded. Thanks to Dr. Aogán Mulcahy who acted as Principal Supervisor. Any determination on my part to turn a seed into a tree pre-dates my university endeavour and in that regard the teaching efforts of Catherine Keogh, Gerry Haugh and Paul Bermingham in getting an average student over the line are belatedly but gratefully noted. Overdue thanks to my siblings and mother for encouragement along the way, to H.J. and to Gooser and Habby for eating my copy book. Last, for Yvey, to not dying down and not going away. All opinions, errors in and omissions from the final paper are my own. BM iii ABSTRACT Research literature suggests that deviance is a feature of agencies and their agents, tends to be hidden, generally passes unpunished and consequently re-occurs. Taking the particular case of police deviance, this paper seeks to explain how police deviance is reported and treated in the Irish context. Noting the absence of a general theory of complaining in existing research studies, the paper also examines whether geographic area attributes can be isolated as a determining factor in complaint emergence and processing. The spur for this is the long- standing association between areas marked by deprivation and high crime and intensive policing practice. To that end, principal use is made of Shaw and McKay’s theory of social disorganisation. Drawing on survey, documentary analysis and GIS mapping techniques, it is found that among those grievances formalised as complaints, proven police deviance is a minor feature in Ireland, it is largely dealt with at the lowest level and is more likely to be confirmed by the police themselves than by the overseer. As to complainants, the Irish police complaint load is not dominated by the most resource deficient individuals but their presence is higher than expected. The most resource deficient complainants also tend not to fare any worse than others in the complaint process. Finally, while perpetrator and place have been well documented in research to date about crime, they have been overlooked in examination of police complaints. Addressing this it is found that while largely about policing within complainants’ local station areas, complaints do not emerge mostly from nor do they occur mostly in complainants’ immediate environs or in areas of greatest resource deficiency. iv Statement of original authorship I hereby certify that the submitted work is my own work, was completed while registered as a candidate for the degree stated on the Title Page, and I have not obtained a degree elsewhere on the basis of the research presented in this submitted work. v CHAPTER 1 INTRODUCTION Area of Interest The purpose of this thesis is to explore an aspect of the sociology of deviance. Deviance is more usually framed as the actions of common criminals and crimes of the street (Barak, 1988). However, deviance is also to be found in actions of the suite, that is, the corporate and professional world (Geis, 1973) in everyday activities such as environmental dumping, social administration or financial/business services (Reuters, 2013; New York Times, 2014) but also sporting endeavours (BBC Sport, 2011; Wells, 2015), perpetrated by respectable, affluent others. This thesis looks at the alleged deviance of one set of resource-affluent actors who work in the name of the community and State and thus carry an assumed higher moral code. These actors are the police. Ahead of moving to the specific issue of deviance within policing, two recurring themes emerge from consideration of deviance perpetrated by the resource-affluent, both of which are referred to throughout the current work. The first theme is that of the role of organisational culture, one that presents itself in white collar work settings and military or cleric regimes (Crozier, 1964; Whitely et al., 1981; Renaud, 1989; Mahon, 1991; OECD, 2008; Clonan, 2000; Doyle, 2002; Murphy et al., 2005). Second, measurement of the incidence of misbehaviour by the resource-affluent is difficult to pinpoint, some seeing it as rare (van Breest Smallenburg et al., 2011) and concentrated among a small number of offenders (Cydulka et al., 2011) while others perceive its true extent to be largely concealed (de Feijter et al., 2012; Parker et al., 2010). Such uncertainty is itself enabled by staff conformity and adherence to management directions and, separately, by pressuring or punishing whistle-blowers who attempt to reveal deviance (Leary and Diers, 2012). Appreciable withdrawal rates (Strom-Gottfried, 2003), low instances of sanctions (Nash et al., 2004) and an emphasis on outcomes that construe deviance in terms of professional rehabilitation of a worker not their mistreatment of a third party (Strom-Gottfried, 2003; Billingsley, 2012) all feature across accounts of deviance perpetrated by resource-affluent actors. These appear irrespective of sector and time period and together suggest that management efforts at controlling deviance have little effect (van Breest Smallenburg et al., 2011). 1 Police deviance is particularly worthy of an examination because the police have unparalleled authority to change a person’s life in the immediate present and in the future through detention, charge and pursuit of a conviction. My interest in police deviance formed when, working as a Probation Officer, I heard accounts of police misbehaviour from offenders under supervision, some reflecting their direct experience, others the experiences of people they knew. Typically, such accounts described excessive force at the time of arrest, the issuing of summons for matters in which the probationer denied any involvement, or repetitive searches by police on the street without reasonable cause. Following this I worked within a new police complaints body seeing up close the state’s response to allegations of police misbehaviour. A police complaints body overseeing deviance generally serves to situate police agent and agency actions within the existing social order and, where necessary, identify paths towards its correction. More and more jurisdictions are experimenting with locating such an oversight arrangement external to the police agency itself. The existence of such oversight bodies on the one hand, is perceived as a challenge to the authority of the state agency whose conduct it is intended to scrutinise; the degree and nature of opposition to the oversight body itself being a reflection of the value of the discretion and authority that the scrutinised body possesses (Waddington, 2007) but does not wish to cede. The oversight body, on the other hand, needs to make the case that it is itself valuable and thus adopts strategies of oversight.
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