Police 2

Expanding the Toolkit

1968 Crime Bill (No-knock warrants) 1970 Drug Abuse Prevention and Control Act Federal $ under Nixon: $220 million for drug enforcement; limited forfeitures R.I.C.O. (1970): Secret and Protected Witnesses Office of Drug Abuse Law Enforcement (1972) The big guns: Undercover operations, raids etc. Drug Enforcement Administration (DEA) SCOTUS decisions: Gates vs. Illinois, '83 (Anonymous Tipss) US vs. Leon, '84 (Good faith exemption) DEA: Operation Pipeline (1984): 20,000 trained by '00. Continued training. Notable because it trained them to use racial profiling Comprehensive Crime Control Act (1984); Asset Forfeitures

Ex-military as Cops

Advantages Discipline and respect Team-building and leadership skills Decision-making experience (under stress) Trained under stricter rules of engagement, clear and present danger Challenges Post-traumatic stress disorder (as many as 10-20 returning soldiers; not disqualifying) Is Combat training appropriate for policing?

Most of the Drug Trades are controlled

Big weights in the drug trade are hispanic cartels

Why did the watchmen Model decline?

Decline as professionalization and centralization advanced (hard to measure) Order Maintenance Policing, policing disorder -> Norm enforcement and promotes pro social values

Convictions rates for cops

Double standard, officers convicted are more likely to be given leniency and not be incarcerated

Why are Drugs so Hard to Police?

Drug crime is consensual and usually well concealed. Necessitates special and expensive tools. Drug distribution is both a local, regional, and transnational phenomenon. Local police can't handle it alone but neither can state or federal l.e. Overlapping investigations can create conflict Necessitates multi-agency coordination (databases). Operations are all local busts so they have less resources but drugs are regional distribution networks

Decentralization of command

Establishment of substations, mini-stations (store fronts). Q: how does decentralization help? Make the community more part of the community, reduce the distance between people and police More discretion Q: risks of too much decentralization? Could end up with them not doing much at all and officers won't be able to keep as close tabs on them

Patrol practices (Moskos)

Incentives to make drug arrests (Moskos reading) Rationale for drug arrests (p. 83-85) Small victories. Discretionary decision-making Costs of drug enforcement NYPD spent 1 million hours on marijuana arrests btw '02 and '12. Each arrests costs the city hundreds or thousands.

Community Police Officers

Many funded under the COPS program. Often in specialized units. Q: Should they be separate unit?

Effects of the War on Drugs on Crime

No legal means to enforce contracts, monitor quality and job performance. (virtual anarchy) No legal protection for drug dealers and users. Cops dismiss or arrest victims. Disputes over turf and job advancement. 30,000 killed in Mexican drug-related violence btw '06 and '10. 138,000 murders overall since '06. Only small % of current homicides in U.S. seem to be drug-related.] Drug Enforcement (Disruptions, Snitching, Informants).

Doraville

No murder since 2009 yet has its own SWAT and tank

Police Sanctions

Police can be given sanctions for violating police ethics, from race to even keeping their hair too long

Nixon

Reaction to Progressive Gains and cultural changes of the 1960s Targeted race and woo'd white voters who were upset with democrats supporting civil rights

Video

Want the drugs to reach their destination in order to make money from seizures

Effects on Police Culture and Community Relations

"Recruitment videos that emphasize [the masculine culture of violence] may, in turn, be changing the type of individual who seeks to become a police officer." --Karen Franklin, Psychology Today "If you dress and treat people like soldiers facing a deadly enemy, they'll act like it." Treating community as enemy is anathema to community policing. White: If SWAT are lionized like Green Berets this can help foster warrior police culture.

Kerner Commission (1967)

"The aggressive patrol practices thought necessary to meet these demands [for increased protection and service] themselves create tension and hostility. Recommendations Develop and use innovative programs to ensure widespread community support for law enforcement. Establish a "Community Service Officer" program to attract ghetto youths btw...17 & 21 to police work. These junior officers would perform duties in ghetto neighborhoods, but would not have full police authority." Build community relations with the police

Psychological Explanation

"Why serve an arrest warrant to some crack dealer with a .38?" asked one U.S. military officer who trained police SWAT teams in the 1990s. "With full armor, the right shit, and training, you can kick ass and have fun." SWAT raids...foster a masculine culture of violence and a worship of a "techno-warrior" image of policing. SWAT raids are the ultimate in power, an adrenaline rush that is quickly habit-forming. "

Macro-Causes of Police Abuse

(Subcultural?) Attitudes 1991: <5% of LA cops approved of punitive force. "Us vs. Them", secrecy. Always following the rules is not compatible with getting the job done (39.1% agree) (loose coupling) Authority (public must respect police) Most police are against excessive force

Policing Drugs

1.5 million U.S. drug arrests in 2013. Leading arrest type. Why did/do police (local, state, federal) devote so much of their time and resources to drugs (especially low-level buyers & sellers)? We need to deal with the flow of drugs into our community that corrupts good people and reduce addiction To stem the problems of drug addiction and drug-related crime (64 K overdose deaths in '16). Q: Adequate answer? Can't say they're doing this because this is the solution to the problem because there's no evidence to show this Reaction to Progressive Gains and cultural changes of the 1960's. Repressive alternative to social welfare and structural reforms ("new Jim Crow"). War on poverty → War on Drugs. Way of framing the issues of poverty not as an issue of the economy structure but to a moral/behavior issue of the poor people

Asset Forfeitures

1984 law: Allows local to PD's to keep as much as 80% of property and cash seized. Civil Court: Preponderance of evidence Q: Problems? "Do I wanna hire a lawyer and maybe not even win or negotiate a settlement?" so most people give up Since 2000, govt. must sue to seize; Legal costs (and damages) may be recovered. Often costs more to fight seizure than to give up or settle. '02 to '14: $4.8 billion was forfeited to feds nationally. 81% of cases: no charges filed. This can adversely effect minorities & women. Most states have their own forfeiture laws and let the cops keep everything Timbs v. Indiana (2019): Seized assets > criminal $$ penalties violate 8th amendment Police seized more than burglars

Prevalence: Police Reports

2000: 21.7% of cops said cops in their Dept. used "more force than is necessary to make an arrest" sometimes, often, or always. 62.4% said seldom.

Prevalence of Police Abuse

26,552 complaints of excessive force reported to DOJ among PDs > 100 in 2002. 1 per 200 cops. Only 8% sustained. https://www.bjs.gov/index.cfm?ty=pbdetail&iid=553 July '16: 20% young blacks and Latinos (30% young black men), 10% white, 5% Asian report they experienced violence or harassment at the hands of the police Gallup '13: About 1/4 young black men said treated unfairly in dealings with police in past 30 days. One possibility is they are not measuring objectivity they are measuring if they were harassed by the police and black people could think being stopped is due to racism

The LEMAS Survey 2013

70% Depts. (88% cops): CP in mission statement Most departments had problem-solving partnerships or written agreements with community groups, local agencies, or others. School-police partnerships Crime prevention education

Equipment Delivered ('06-'11), 1033 program including >100 college campuses

79,288 assault rifles 205 grenade launchers 11,959 bayonets 3,972 combat knives $124 million worth of night-vision equipment, including night-vision sniper scopes 479 bomb detonator robots 50 airplanes, including 27 cargo transport airplanes 422 helicopters More than $3.6 million worth of camouflage gear and other "deception equipment"

Micro-Causes of Police Abuse

Abusive and/or Aggressive "rotten apples"? The vast majority of cops NEVER fire their weapons. 5 percent of arresting NYPD officers make 40 percent of all resisting arrest charges There is climates to let people do it and get away with it 1% of Chicago cops account for 33% of complaints. Individual correlates (limited evidence) Anger and frustration (de-escalation?) less able to deescalate conflict Authoritarian personality Fear (especially of black men) and emotional instability (+ stress) Cynical "tough cops"- street justice is appropriate. Gender, college education, experience Situational (statistical) correlates Drunk or hostile suspect, violent crime or car chase

Criminal Prosecution

Advantage: A substantial sanction (in theory). Disadvantages (M. White): Vagueness of some criminal laws. Q: when is a belief about imminent and grave harm "unreasonable"? Case only take a case when they know they're gonna get a conviction and if the law is vague enough that the officer can just say I didn't do it willingly no prosecutor wants to take it Lack of deterrent value.

Civil Lawsuits

Advantages: Lower standard of proof for torts. No conflict of interest. Gives police departments an incentive to crack down. Disadvantages: After Monell v. NY case, cities rather than police officers paid damages. No deterrent value. We will talk about the DOJ's 'pattern and practice' lawsuits as a tool of police reform. Jury aren't sympathetic where they will not side with criminals over the police

Challenging the Code of Silence

An NIJ report (2005) offered recommendations for encouraging officers to come forward to report acts of misconduct by their coworkers. Making it clear that officers and supervisors who do not report misconduct will be disciplined. (see p. 286) Terminating any department member caught lying during an internal investigation pertaining to member misconduct. Issuing rewards, in anonymous fashion, to officers who do report misconduct. Allowing for anonymous or confidential reporting. Regularly rotating supervisors and officers between shifts, districts or precincts, and other units of assignment. Reward officers for coming forth

Controversial SWAT tactics

Anonymous Tips Battering rams and no-knock warrants Flashbang grenades "clearing" away distractions (including pets)

Expanding the Toolkit (Cont)

Anti-Drug Abuse Act of 1986 5 year fed. mandatory min. sentence for 5 grams of crack. Penalties (e.g. drug zones) have increased over time; recent shifts. ADAA of 1988 Byrne Law Enforcement Assistance Grants (Task Forces) Federal housing: 1 strike rule. USSC decisions like Whren v. US, 1996 and Utah v. Strieff, 2016 pretext stops, arrests for traffic violations, drug dogs, evidence from illegal stops).

Police-community communication & cooperation

Avenues of community input into policing priorities and crime investigations. Crime stoppers (1975) Beat meetings Community liaison officers Community surveys (CAPS) Community information. Crime mapping web-sites. E-mail Newsletters Training. 80% Academies offer it but it's short and limited (e.g. 8 hours). Special training needed.

Police-community communication and cooperation

Avenues of community input into policing priorities and crime investigations. Crime stoppers (1975) Beat meetings Community liaison officers Community surveys (CAPS) Community information. Crime mapping web-sites. E-mail Newsletters Training. 80% Academies offer it but it's short and limited (e.g. 8 hours). Special training needed.

Other aspects of militarization

Battle dress uniforms (BDU); (black and cammo). Police academies resembling military boot camps. Drills, inspections, punishments for minor misdeeds (tardiness) Stress training (maybe 50%) Q: Is this the proper training approach? You have to learn to maintain composure and make sound decisions while under stress or in danger. But if you make people think everything is dangerous then they will but it's better to be over cautious than not enough

OMP vs. Community Policing

Both approaches privilege community standards and crime prevention. Community policing is about increasing communication and cooperation between law enforcement and the community (community input!). Order maintenance policing prioritizes disorderly persons offenses and incivilities Q: Are the two approaches incompatible, partially compatible, fully compatible, or synonymous? What does Kelling say (McGurn)? Yes they are compatible but not mutually exclusive or synonymous

Factors Promoting OMP

Broken Windows Theory (1982) https://www.youtube.com/watch?v=qzFZyfNiQS8 (9:30) William Bratton (1990) & Mayor Giuliani (1994) Glocks to transit cops (morale). Sweeps, stings, and kicking ass show that policing is a fun cause Quality of Life initiative. Q: why the squeegee men? Everyone found squeegee people annoying Asked the affluent people what they found annoying Deindustrialization and strategic urban redevelopment (& gentrification). Business Improvement Districts (B.I.D.S.) Social Service Organizations (Los Angeles) The War on Drugs Q: Is OMP a tool of drug enforcement? (class videos) Or is drug enforcement a part of OMP?

Other Aspects of Militarization (cont).

Bulletproof Warrior Training: Lt. David Grossman(former army ranger) has worked with hundreds of law enforcement agencies (local thru fed). Teaches (in continuing education classes etc.) that danger is pervasive & instills courage to kill w/o hesitation or remorse ("assuring them they'd be legally covered if they did"). Terrorism-focused policing. 200 L.E. exec's have participated in ADL's National Counter-Terrorism Seminar in Israel (includes mtgs. w/ reps. of the Israeli Defense Forces, border security, and intelligence services). Q: Is this helpful? Might help prepare you but might over sensitize you for danger. No because Israel would not be aware of how our police regulations work here The Chief of NYPD Intelligence Division, which has spied on Muslims in U.S. has attended.

Internal Mechanisms

Citizen complaints (in-person vs. other media) https://www.huffingtonpost.com/entry/internal-affairs-police-misconduct_us_5613ea2fe4b022a4ce5f87ce Internal complaints (including anonymous) Early Warning System (39% of sizable pd's, says BJS). Identification of problem officers (complaints, use of force, litigation etc.) Q: how many is too many? Not known, they set their own thresholds Intervention (informal meeting only, counseling, training) (L.A.) Follow-up Punitive transfers (needs justification) Internal Affairs

Civilian Oversight

Citizens appointed to investigate complaints and recommend punishment. Approx. 100 in US. Began in '28 in LA. Advantages: cops don't always take complaints. White: More fair and thorough. Challenges: Q: can citizens be trusted to judge the conduct of officers? Only people who has been through academy and training has the qualifications to judge but people go through civilian review boards anyway Union opposition. Guilt requires independent verification or physical evidence. Lack of legal standing and substantial consequences. Hill: Newark, NJ gave CCRB subpoena power but judge ruled that this subjected officers to politically-motivated discipline. Models (classes 1 to 4; most to least independent) 1 : independent investigation; recommends punishment to PD. 2: board fwds. complaint to police; board recommend punishment 3: review board after police investigation and disposition are done. 4: board reviews complaint process and recommends policies (San Jose)

History of Community Policing

Civil Rights Movement and Urban unrest Kerner Commission (1967) Elevated crime and fear in '70's and early '80's. Fiscal conservatism and risk management model. Broken windows theory (watchman model). COPS (Community Oriented Policing Services) program. 1994. $9 billion FY 2015: $248 million. FY 2018 ($218) Priorities: (CP, School violence, Anti-Meth, Ant-Heroin, Active Shooters). FY 2019: Fold COPS mission under Office of Justice Programs. Crime needs to be managed not solved

Causes of Corruption

Combination of Need and Greed "Rotten apples." Minor corruption can be solo but serious corruption generally requires conspiracy. Huge profits from illegal enterprises. Gambling, Alcohol, Drugs. (+ debts and addictions) Drug-related corruption can have punitive motives. Criminals (of color) and undocum. immigrants are easy victims and less credible witnesses. Younger and less educated are more drug corrupted . Lack of oversight & accountability (see next slide and next lecture); code of silence.

Narcotics Units and Agents

Conduct investigations and operations in order to build cases against drug dealers. Limited transparency. Q: Why? Word can spread to the dealers, you have to make them think you're not watching Downside: Little to no oversight means there's a lot of room for corruption Tactics: Q: Why the focus on minorities? Undercover operatives Informants (C.I.'s) (often dishonest) Wiretaps Stings (buy & bust or sell & bust)

Multijurisdictional Task Forces (MJTFs)

Cooperative law enforcement effort involving multiple criminal justice agencies, with jurisdiction over two or more areas (single or multiple counties, state police, prosecutor, federally deputized local cops). Federal Byrne funds; increasingly state or self-financed (PA: 62 of 67 counties). Act as single enforcement entity. Permits greater (federal) coordination, intelligence sharing, and direct collaboration. Highway interdiction is major focus. Vulnerable to abuse (Q: Warren article?).

Critique of OMP

Definitions of disorder are subjective and inevitably biased by race and class (i.e. establishment bias); police do not represent poor communities. Bratton and Kelling's response: There is a "broad consensus—regardless of race, ethnicity or class—about what constitute[s] disorderly conditions and behavior. " "Complaints about disorderly conditions also come disproportionately from neighborhoods that are predominantly African-American and Hispanic. "The majority of [minority] New Yorkers...approve of police addressing disorderly illegal behavior... Promotes aggressive policing of vague offenses (e.g. loitering), which leads to bogus charges and an increase in police complaints. Costly use of courts and police (pot possession arrests cost NYC $75 million/yr in 2010). Complaints shot up 62% after Giuliani took office. From 1992 to 1997, city paid out $100 million to settle police brutality lawsuits. In some places it is practiced as "zero tolerance" policing. Q: What does Kelling say about it? It's not an arrest program, broken windows policing is not supposed to be an arrest program

Critique of OMP 2

Definitions of disorder are subjective and inevitably biased by race and class. License to commit racial profiling. Promotes aggressive policing, which leads to an increase in police complaints. In some places it is practiced as zero tolerance policing. Exacerbates racial inequality (race or poverty tax?) and further marginalizes the poor.

Drug Interdiction and Eradication

Department of Defense, State Department, CIA, Customs and Border Protection Agency (CBPA), Coast Guard, FAA, National Forest Service etc. Billions spent annually. CBPA '09: seized > 5.2 million pounds of illegal drugs. 2,900 agents in 1980; 20,000 by 2010. 100's corruption cases in its ranks since 2003. Nearly 4 million mj plants eradicated in US in '12. No clear impact on availability and use. DEA Diversion Unit: acted against (suspension orders, fines) major distributors for suspicious opioid shipments (pain clinics). Under drug industry pressure (w/ 46 former DEA employees), Congress stripped DEA of this authority. No evidence it's made an impact

Individual corruption predictors

Deviance and failure in background Low pay Differential Association (Sutherland) and Neutralizations (Sykes and Matza) "It was something I was seeing a lot of, whether it was from supervisors or undercovers and even investigators," Mr. Anderson said. "Seeing it so much, it's almost like you have no emotion with it. The mentality was that they attach the bodies to it, they're going to be out of jail tomorrow anyway, nothing is going to happen to them anyway." (Dwyer, NYT)

Why is it important to study police misconduct?

Erodes public confidence and trust in policing. Keen, the former homicide commander, said ripple effects [of the murder of a witness to police brutality] were felt from the street corners, where already-reluctant witnesses lost trust in investigators, to the courtroom, where jurors looked askance upon the NOPD badge. "It affected all of us and our performance for years," Keen said. Corruption scandals overturn convictions. Recent Chicago case (82 convictions overturned so far; 15 cops sidelined) Costs to society Taxpayers pay billions of $$$. Brutality-related lawsuits cost Chicago taxpayers $521 million from '04-'13. NYC: $228.5 in misconduct cases for FY 2016. Undermines the strength of our democracy. Q: how? But voter turnout in Ferguson ↑ 12% in 2014 to 29% in 2015. Disenfranchise vs. Mobilize

Ethics in Policing

Ethical conduct involves "doing the right thing in the right way at the right time for the right reasons." Most police officers are bound by a code of conduct. Supreme Court : "it is well settled that a police department may, 'in accordance with its well-established duty to keep peace, [place] demands upon members of the police force...which have no counterpart with respect to the public at large'." Kelley v. Suffolk County Police Department, (1975) At least 12,000 police have been arrested since 2005 (about 60% for off-duty offenses like traffic misconduct). 1000 lost licenses for sex offenses 782 police arrested for drunk driving '05-'10 (416 accidents); 80% convicted, only 30% known to have lost job (Stinson et al, 2013). Police arrested for domestic violence also tend to keep jobs. Keyword: known because sometimes there are police sanctions for losing a job but it is kept confidential

Central Goals

Expand service and prevention roles Restructure policing to reduce barriers between police and communities. Build mutual trust and understanding (police legitimacy) through providing more opportunities for positive interaction and increased responsiveness. Strategic: Intelligence gathering Involve police and communities in problem-solving crime prevention partnerships. Enforce community values and norms. (Q: What defines the community? Does model wrongly presume consensus?) Police won't know what the community norms are

Weed in Criminalization

Far fewer arrests in places that have legalized Substitute of opiodes but negative is a higher frequency of people driving under the influence Higher crime rates in areas that legalized it does not 100% mean weed was the cause In california, decriminalize weed led to lower crime rates except for suicide

Obstacles to Internal accountability

Fear of "RATaliation"®™ Protecting public image and officer credibility Liability minimization. Police officer rights & protections (Officer Bill of Rights: 14 states) 48 hour rule; in some places get to view videos before statement and be interrogated only by sworn officers. Confidentiality. (Cleveland: discipline purged after 4 years). Officers can't be interrogated by non officers Arbitration. (Example: 12/15 disciplined Oakland cops prevailed at arbitration' Philly: 19/26 fired cops reinstated at arbitration). Fired officers often get l.e. jobs elsewhere. 2012 IADLEST Survey: 86% of 36 states reported some form of police licensure and revocation. Florida and Texas had an average of 122 licensure actions. MN: 534 officers convicted since '95. 20% (1/2 felonies) lost license. 140 still cops.

Macro-Causes of Police Abuse (cont)

Force can be quick substitute for arrest (watchman) Quotas & incentives (+ bravery/enthusiasm)=more unwanted encounters and unheeded orders. Lax supervision (especially in specialized units and larger PD's) Code of Silence and RATaliation, most aren't willing to turn in their colleagues doing it

Internal affairs units

Functions Receive, investigate, and prosecute complaints concerning police misconduct. Special Methods: Field Associates, Integrity tests, E.D.I.T. Program (953 arrests in 2012). Challenges Internal affairs interrogate drug dealers about corrupt cops Conflict of interest and corruption. (Example: Head of NYPD's IAD; Adrian Schoolcraft). Uncooperative victims and witnesses Unwanted assignment. Solution: High level assignment (not always voluntary) and pathway to even higher promotion. Issues Should investigation results be confidential or public record?

Types of Police Corruption

Gratuities (stage 1) (not illegal unless coerced) and kickbacks (stage 2): Bribes (stage 3) and favoritism Predatory or opportunistic crime (shakedowns, theft, extortion)

Reorientation of patrol

Greater stabilization of beat assignments Associated with increased investigative activity. Q: Pros and Cons? Foot & Bike Patrols and "park, walk, & talk" Less incident-driven and more service time.

Problem Oriented Policing

Herman Goldstein (1979) argued that people don't merely want incident-driven patrol and law enforcement. They want police to solve underlying conditions. Problem solving requires: Recognition of problems and patterns (scanning) Analysis of problems (frequency, seriousness, and duration; who , what, why etc.). Developing and selecting creative solution (response) Evaluating response (assessment) Q: Are police the best problem-solvers? They aren't but it's technically their job so they have to partner with other third parties. Necessitates partnership and third party policing. Example: Nuisance Abatement

Goals of Drug Enforcement

How do you measure success? Reduce Supply and Availability Increase price (to reduce demand) Deter and incapacitate sellers and users This may reduce violence. Reduce drug use and abuse Heroin dependency doubled btw 2002 and 2012. overdoses quadrupled (1,842 in '00 to 8,257 '13). Neil: Drug busts may cause overdoses. Q: how? Improve (i.e. "clean up") neighborhoods.

Law Enforcement Code of Conduct

IACP recommends clear advice and counsel for ethical decisions. Police have a responsibility to protect people, property, and rights. Social status, sex, race, religion, and political beliefs should not affect how people are treated. Apply discretion lawfully, consistently, & wisely (all circumstances). Arrest may be permissible, yet not the most effective decision. Apply the least amount of force necessary and only if non-coercive methods are inappropriate or ineffective. No abuse. Violate privacy and confidentiality only as required by duty or law. Do not obtain private or special advantages from official status or condone such acts by other officers. Cooperate with all legally authorized agencies and representatives. Enhance and improve knowledge and competence. Maintain exemplary conduct off-duty. Q: what is missing? Does not state that police officers do not need to report their misconduct which upholds the code of silence/secrecy

Prevalence of Corruption

Knapp Commission: the majority of NYC police are grass eaters. They engaged in minor corruption (in solidarity with meat eaters) but did not aggressively seek out such opportunities. They refuse to report the meat eaters (involved in pay-offs, extortion etc.). Drug corruption infected: 10% of force in Miami in 1980's. 10-15% of NOPD during 1990's. 14.6% of the Dolton, IL PD was subject to fairly credible police misconduct allegations in 2009. LA Rampart Division: 70 implicated, 12 disciplined, 12 removed, 5 convicted (3 overturned; won $15 million)

Study of 4,861 of 2010

Maybe the high minor sexual misconduct could be because it gets the most attention

NYC Rejection of Community Policing

Mayor Giuliani: community policing (CP) in NYC "was a complex, convoluted academic science, training police officers in accessing social services" and in other roles he called "inconsistent with the role of police." In practice cops were doing little CP. (2-day training) Crime in NYC called for a more aggressive approach. "You can't send the Red Cross onto the battlefield before the infantry" --John J. Miller, NYPD spokesman

Other Accountability Mechanisms

Media investigative reports Local Cop Watch and other activist efforts (watchdogs and protests) Cameras (surveillance, body, dash, witnesses)

Other Community Policing Initiatives

Midnight basketball and police-athletic leagues. Community Outreach & Educ. (PIP in Houston; Citizen Police Academies) Advisory Councils/Boards, empower members of the community Mentoring (PAL program in Los Angeles) Police cadet and explorers programs. http://www.cityofasburypark.com/topic/index.php?topicid=68 Trading cards, Coffee with a Cop, gives them a reason to talk with the children to be seen their friendly

Ethical scenarios Pro Con

Mooching: Pro: Could create good will with the police Con: Could be seen as expected to receive top service. Off-duty officer stopped for DWI Only 6% of cops would arrest vs. 50% of c.j. students. 66% of cops would do 'other.' Q: What is other? They order them a taxi or drive them to their house, protecting public safety without an arrest Only 2.6% would issue citation for serious traffic violation (vs. 35%). Witness excessive force: 47% of cops vs. 39% of students would notify sup. 26% of students vs. 3% of cops would lie. Kickback: What is the harm, police should not be allowed to be giving money, you might be giving them something more than money, and it's unfair to other companies New NYPD policy "Additionally, officers will now face more severe discipline, including outright dismissal, for failing to step in and prevent the use of excessive force by a fellow officer, or for not reporting excessive force. " Use excessive force (street justice) Testilying: Do the ends justify the means? 95% of cops say no (vs. 72% of students). Arrest someone who is stealing to feed children or was the innocent victim of a hit and run car accident?

Police Perceptions of the Code of Silence

Most officers agree that it's not cool to report fellow police officers 50% of the complaints are from internal The reason we don't see a lot of internal complaints is because it's anonymous and behind the scenes

Practical Uses of military equipment

Natural disasters Rapid deployment and tactical advantage over mass shooters, terrorists, and other well-armed threats

Law and Order Philadelphia

No help from community because the crime is accepted, even by the moms who fight the police for catching their son with drugs and guns Not much sympathy for community they're more concerned with not dying Hunter who grew up in the community more willing to talk to the impoverished

How should police abuse be measured?

Number of reported incidents but high likelihood to lie Anonymous survey are less likely to lie

Perceptions of Misconduct During Stops, 2011

Out of 26 million only a 132,000 had excessive force occur which is still a large numbmer There are about 765,000 state and local cops. 60-90% are patrol officers In 2008 survey, public reported at least 277, 264 acts of excessive force during most recent traffic stops. Estimated 20% of arrests (out of 11.3 million) include use of force. (research needed on reactive arrests) Force includes grabbing, hitting, using chemical spray, or pointing a gun at the respondent.

Undermines the strength of our democracy. Q: how?

People who believe the government is the enemy feel less desire to participate in the government so you're afraid of the police arresting you at everywhere

Types of Police Misconduct

Police Abuse (physical, psychological, and legal) Harassment (unwarranted surveillance & stops) Civil rights violations (stop & frisk; pot arrests in NYC) Verbal abuse and threats Police violence (typology of motives) Street Justice, administer punishment to people deserving of it Legitimate motives (but excessive force to attain them) Corruption-related (Q: example?) Because they want to steal from drug dealers and use force to find out what their hiding Sexual abuse (including cavity searches), animal abuse Corruption: Violation of rules or laws that involves abuse of position for material gain. Misconduct causes perjury (misfeasance)

Reasons for Prosecutorial Inaction/Failure in Excessive Force Cases

Police investigate police Low likelihood of conviction Code of silence and flawed investigations Sympathetic judges and juries Standard of proof hard to meet especially in Federal civil rights cases (requires proof beyond reasonable doubt that officer acted unreasonably) They have to say they willfully violated civil rights so they could just say they were scared or threatened Conflict of interest Tarnishing previous cases (and prosecutors) Political pressure and opportunism, prosecutors are elected so if police don't like you they'll endorse somemone else Alternatives? Special unit within prosecutors 1. Independent investigations: (WI, CT, MO). 2. Independent prosecutions: NY Attorney General: unarmed only; 1/9 indicted thru 2-17. 3. NJ: AG investigate and prosec. All deaths

Formal Mechanisms of Police Accountability

Police scoff at the notion of no accountability. Supervision Q: should sergeants supervise their former squad? No, more likelihood of leniency or if they're a corrupt squad they might have dirt on you Span of control should not exceed 12. Internal review and discipline (e.g. Internal Affairs, Force Investigation Unit, Firearms Discharge Review Board) "Civilian" Oversight (Police board, civilian review board) External Review methods Criminal investigation (local, county, state, or federal) and prosecution County Prosecutor (sometimes state agency) (lethal force) Federal Prosecutor (civil rights) Civil and Administrative Lawsuits (civilian and govt. initiated)

Elements of Community Policing

Police-community reciprocity Areal decentralization of command Reorientation of patrol Civilianization

Measured Impacts

Positive Community attitudes toward the police (especially blacks) Gang and Crime complaints (POP in Santa Ana, CA). Police Attitudes (job satisfaction, relationships) Misconduct (fewer complaints in Houston) Q: corruption? Crime (POP; McGarrell et al. 2010; Taylor et al 2011) Disorder (limited evidence) Null or very modest Crime (COP) Police effectiveness (e.g. clearance rates) Fear (inconsistently & modestly positive)

History

Posse Comitatus Act (1878). Q: why de-milit. Police in US? Reconstruction, the military occupation of the south precipitated the act. The South let a president get elected in return that the military leave their territories. Demilitarization was originally for white supremacy Urban unrest in 1960's (e.g. Watts; SWAT), LEAA (111) War on Drugs (NDAA '91, task forces, violent gangs) Back then it was to enhance professionalization, so when the war on drugs happened the mechanisms to enlist local police were already there Mass School Shootings (anywhere USA) September 11 (and later Boston Bombing '13) made police way more militarized https://www.youtube.com/watch?v=FQ1-ZUN3Li0 Military transfers and downsizing Surplus equipment: $1 million in 1990 (drugs) to nearly $450 million in 2013. $6.2 billion since '90; 8600 local PD's ('97: 1033 program) Surplus labor: Active duty in 1990: 2,043,705 2011: 1,468,364 (about 20% of returning vets seek l.e. jobs) Study: 1033 transfers associated with fatal OIS (people & K9)

Debating Militarization

Pro-Argument. Better safe than sorry? It was necessary: To combat dangerous drug traffickers and riots. To prevent the destruction of evidence. Because mass shootings and terrorism can strike anywhere, and these crimes require special tactics. Cons Does it really make anyone safer & at what cost? Unnecessary deaths, injuries, trauma, & other abuses (2006 report: 300 mistaken raids since mid-80's). Misuses of military equipment. Waste of money? Effects on the police culture and police-community relations Not a lot of regulation on who gets the money Fake police department got 1.2 million dollars for their police by just setting up a website Maybe they're complimentary because when you have the people to deal with the real threats to society so it frees up the other police to be more friendly

Beat/Community Meetings

Purposes: Information and Consultation Mobilization Grievances, police were there to listen to the community about their problems Chicago Alternative Policing Strategy (CAPS). Monthly or semi-monthly, open meetings. By Spring of '98, 15% of adult residents had participated.

Preventing Police Misconduct

Recruitment (more women and minorities and older) Screening (psychological, background) Ethics Training Criminal justice and police academy curricula. Ongoing in-service training Effective at preventing abuse? More intensive supervision Most agree that supervisors make a difference but 50% agree that good supervision is not enough. Rewarding ethical behavior and punishing bad conduct (see next lecture). Community Policing Challenging the Code of Silence

Policy Options

Reduced transfer of equipment Obama Administration ended transfers of tanks, grenade launchers, armed aircraft etc. They have resumed Better training. Cost? Costly which undercuts the whole reason why agencies want this gear which is cause it's gree Greater oversight of military equipment Tighter restrictions on the use of SWAT Re-prioritize service and guardianship roles

Special Weapons and Tactics (SWAT)

Relies on military tactics, training, and equipment Originally intended for barricade or hostage-situations and terrorism. Relatively rare events. Prevalence and Performance 1983: 13% of towns btw 25 K & 50 K had a SWAT team 2005: 80%. 1,500% increase! Approximately 50,000 raids in 2005; 80,000 no-knock raids by 2011. (vs. 2-3000 in mid 80's when > crime). Est. 20 K no-knock raids/year (assert "high-risk" = warrant). 79% of raids are for executing search warrants, mostly in drug investigations.

Challenges and Issues

Resistance from police (Q: why?) and lax or partial implementation. Do more time doing service but not actual calls Reduces patrol time. Marginalized groups under-represented. Representns community police but what about the minor groups in the policy. Privacy and infiltration by people with ties with gangs and crooks and pass info from the police due to the public meetings Cooptation established agencies. (Resources vs. Autonomy) Police-driven (e.g. "qualify-of-life" policing) and police-led (CAPS).

Public Attitudes toward Disorder & OMP

Sampson & Bartusch, 1998: Largely black neighborhoods in Chicago are actually less tolerant of delinquency than largely white neighborhoods Quinnipiac Poll (Aug '14; post Garner): 56% (vs. 37%) of NYC blacks and 64% of Hispanics (vs. 34%) approve of police ticketing or arrests for quality-of-life offenses. 311 Calls for service for quality of life crimes: North Shore of Staten Island 6 weeks prior to Garner death: 3 calls for vending, lower than avg. for public safety. 84th Precinct-Brooklyn. 3,300 tickets Jan. 5-11. Number of 311 calls for Qual. of Life & Public Safety: 12 Q: Are Bratton and Kelling right? no

Administrative Ethics and Misconduct

Sets a tone for the whole organization or looking away Ignoring and covering up misconduct--"single most damaging category of misconduct" (Trautman, 2002). Sergeants hesitate to discipline when their superiors are also unethical. Christopher Commission (LA)and Mollen Commission (NYC): No efforts to root out corruption at the top. Internal Affairs avoids bad press. Only 35-37% of chiefs said they would pursue criminal charges for shakedowns or opportunistic thefts and only 30% for bribes (Barker & Wells, 1982) . Nowadays? Retaliation for whistleblowing (e.g. Adrian Schoolcraft). Crime Reports Suppression. Repression of civil and human rights. Chicago's Homan Square

Performance measures

Should be consistent with community goals, standards, and work priorities. Citizen (victim) satisfaction (multi-dimensional) and complaints. Community conditions (e.g. abandoned cars & buildings, lighting, sidewalks). Reduction of fear

Kick Back

Sometimes police at a scene of an accident or someone needs a lawyer the police can recommend a lawyer/company and the police officer gets a kickback from it

War on Drug as Cause of Violence

Steven Francis Neal: When the drug war began, though, we started dismantling those organizations. The vacancies that we created were filled by the sons of the men we sent to prison. The sons fought each other over who would fill those vacancies. They went to the street corners, and gangs started developing, and six organizations turned into 600.

Effects of OMP on the very poor

Summons lead to unpaid fines, arrest warrants, jail. Off Limits Orders (Civil: work like restraining orders) Violations of municipal ordinances. Banishment from high crime areas Banishment from city parks Street people and vendors >50% of 187 U.S. cities prohibit camping, sitting, or lying down in certain areas; 1/3 prohibit it citywide. Arrests and Destruction of belongings Osceola County: 37 homeless people arrested 1,250 times between 2004 and 2013 Costs of arrests and jail stays: $5,081,680 ($15 K per year, per individual) An average permanent supportive housing unit in Osceola County costs $9,602 per year.

Neighborhood Watch

Supported by the National Sheriffs' Association since 1972 >20,000 local neighborhood watch programs All volunteer Residents act as "eyes and ears" of local law enforcement. 2003 survey: 24% residents of 12 cities reported seeing crime watch and prevention activities. Other police departments have "Citizens on Patrol" programs in which citizens get uniforms and conduct regular patrols. Some communities hire private police.

Expert critiques

Task Force on 21st Century Policing: "Law enforcement culture should embrace a guardian — rather than a warrior — mindset to build trust and legitimacy both within agencies and with the public." Chuck Wexler, PERF exec dir: Bulletproof course "flies in the face of the current thinking on de-escalation, which attempts to look upstream at what officers can do to protect both themselves, and the person they're dealing with. It can't simply be about officer survival."

The Code of Silence (nonfeasance)

The reluctance of otherwise ethical officers to report the wrongdoings of their colleagues. Results from: the police subculture (loose coupling, uncertainty, mutual dependence) fear of reprisals for whistleblowing norms against "tattling" in wider culture and professions.

How often are police held accountable?

There isn't a formal finding of guilt so no action had to happen. Phil Stinson (thru 9/18): Among thousands of fatal police shootings since '05, 93 charged murder or mans. Only 33 convicted (18 pending). at least 3 in 2016, 6 in 2017 No FL officers tried for on-duty shootings in last 26 years (2 upcoming) IPRA in Chicago investigated 400 police shootings between 2007 and 2015 and found wrongdoing in only 2. Cato Institute study: 11,000 cops accused of misconduct in news reports from April '09 through December '10 . 9.7% were convicted. BJS study of large Dept's: > 26,000 complaints about use of force in '02. 8% led to disciplinary action. Discipline does not necessarily hinder careers. 28/34 supervisors in Elkhart police department have disciplinary records. Police unions prevent someone from being fired just because there are lot of complaints

Ethical scenarios

What should police do when... They are offered free or discounted food? (mooching) They stop an off-duty officer for DWI or speeding? (professional courtesy) They witness another officer use excessive force? Is it ethical for police to... Make referrals to particular towing companies, lawyers etc. for $. (kickbacks) Fail to report excessive force on a child or spouse abuser who is very unlikely to get convicted (street justice/blue wall)? Testify they s/he saw a known drug dealer drop drugs found nearby (that were clearly the dealer's)? (testilying) Arrest someone who is stealing to feed children or was the innocent victim of a hit and run car accident?

Questions for Discussion

Why do small and medium police departments pursue combat equipment? Better safe than sorry for major events like shootings How could a "culture of militarization in American law enforcement" have developed during the supposed Community Policing Era? Why are SWAT's used for executing search and arrest warrants? Overwhelming surprising force before they even have a chance to reach for their gun. Rush in immediately to stop them from hiding their evidence. The issue is that they don't let them know it's the police and not home invasion robbers

Alternative drug policing tools (Zezima)

Widespread recognition that arrests & seizures don't reduce opioid deaths (50 K). Alternative methods. Administering naloxone or narcan (by law in NM). Allowing users to turn in drugs in exchange for treatment (Gloucester, MA). Q: Funding source(s)? Referring overdose victims to support groups and treatment centers and referring children for services. Requires additional training (mental health first aid training).

Alternative Drug Policing Tools (Zezima)

Widespread recognition that arrests & seizures don't reduce opioid deaths (50 K). Alternative methods. Administering naloxone or narcan (by law in NM). Allowing users to turn in drugs in exchange for treatment (Gloucester, MA). Q: Funding source(s)? Referring overdose victims to support groups and treatment centers and referring children for services. Requires additional training (mental health first aid training). Police officers get mental first aid training

Is OMP zero tolerance? (Sousa)

Yes, arrests for minor offenses increase under OMP. But Sousa's ride-alongs suggest that police may choose to not arrest certain lawbreakers. Victims of crime Sick Not causing harm (or even helping police) Additional reason not mentioned by Sousa: Corruption 2005 survey of NYC sex workers: 14% had sexual experiences with police. Are Sousa's observations typical of NYPD?