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Article

Criminal Justice Review 2021, Vol. 46(1) 99-118

D et e r m in a nt 202 Geor'20 gia State UniversityDeterminants of Citizens'"' Article uereuse guidelines: sagepub.com/journals-permissionsPerceptions of Police DOI: 10.1177/0734016820952523 journals.sagepub.com/home/cjr

Behavior During Traffic and OSAGE

Pedestrian Stops

Jason Carmichael' , Jean-Denis David', Ann-Marie Helou', and Colby Pereira'

Abstract A large body of research has examined public perceptions of police behavior. Many of these studies have raised concerns about perceptions of unequal treatment of citizens by law enforcement and the effects such disparate treatment might have on police-community relations. This scholarship has largely examined global perceptions of police behavior rather than asking about actual encounters with officers. Relying on global opinions of police, however, tends to distort perceptions as it tends to illicit prejudiced and stereotypical views about law enforcement rather than lived experiences. This article offers a more precise approach to measuring police behavior during encounters with citizens by assessing views of those who have had recent contact with law enforcement. Specifically, we examine how perceptions of police behavior during both traffic stops and street stops of pedestrians might vary according to a citizen's sociodemographic background and geographic location and how such factors might influence perceptions of the legitimacy of their encounter with the officer. Results from our multivariate analyses suggest that youth, African Americans, the poor, and those living in large urban areas are significantly more likely than others to believe they were treated outside of the scope of acceptable police conduct. Furthermore, ethnic minorities, the poor, and those in urban areas are much more likely to perceive the stop as illegitimate. Our results suggest that much of this might be explained by differences in police behavior according to the size of the place and across different social groups.

Keywords perceptions of police behavior, legitimacy, traffic stops, pedestrian stops, respect

' Department of Sociology, McGill University, Montreal, Quebec, Canada

Corresponding Author: Jason Carmichael, Department of Sociology, 855 Sherbrooke St. West, Leacock Building #713, Montreal, Quebec, Canada H3A2T7. Email: [email protected]

Over the last several decades, there has been growing concern about the apparent abuse of force and other forms of misconduct by police officers, particularly against members of racialized minority groups and other marginalized communities. Intense public pressure has been placed on police administrators and policy makers to address this issue. Evidence of such pressure abounds. Major cities across the United States have held public hearings and commissions to try and address the problem, and numerous civil and criminal lawsuits claiming police misconduct and abuse have been advanced against police departments and individual officers. Police misconduct has also motivated the formation of disruptive social movement organizations including Black Lives Matter. Over the decades, suspected police misconduct toward minorities has also spurred widespread social unrest. In fact, nearly every major riot in the United States since the 1960s was precipitated by suspected police abuse of individual(s) belonging to a racialized minority group. This history of social unrest following police use of force makes it clear that negative perceptions of police behavior are directly connected to the maintenance of social order and broader social stability. Thus, improving our understanding of police interactions with citizens is useful not only as an exercise to improve the quality of police services but also because widespread, negative perceptions of the police can degrade efforts to maintain social order.

A large body of research has also demonstrated that negative public perceptions about the police can affect broader views of the police as a legitimate authority (e.g., Tyler, 2001, 2003; Tyler & Fagan, 2008). But why is the legitimacy of law enforcement important to nurture? Social scientists from a number of disciplines have argued that the legitimacy of state actors, particularly the police and other criminal justice officials, is of critical importance for several reasons. Research has shown that residents who perceive the police as a legitimate authority are more willing to (1) obey the law, (2) comply with law enforcement requests during an encounter with police, (3) cooperate with investigations, and (4) report criminal activity. What factors appear to influence the perceived legitimacy of law enforcement? Scholars have argued that such views are anchored in the public's perception of police officers. In particular, legitimacy of officers appears to be tied to perceptions that police act appropriately, respectfully, and fairly toward all citizens (for elaboration see Jackson et al., 2013; Murphy et al., 2009; Reisig & Parks, 2000; Ren et al., 2005; Schuck et al., 2008; Sunshine & Tyler, 2003; Tyler, 2001; Tyler & Huo, 2002; Tyler & Fagan, 2008; Weitzer & Tuch, 2005).

The importance of respectful and civil treatment by the police during encounters with the public is better understood if one borrows from the power in discourse literature. Discourse scholarship has examined the effect of disrespectful behavior on relationships in a variety of contexts including interactions between individuals within the workplace (e.g., Leape et al., 2012), gender relations (e.g., LaFrance, 1992; Miller, 1995), relationships between organizations and corporations (Mumby & Stohl, 1991), and international relations (e.g., Ringmar, 2015). The literature considers how disrespect toward another implies a power hierarchy toward which the disrespect is directed. Spe- cifically, conferring or withholding respect toward another signals one's position in the power hierarchy. Mumby and Stohl (1991) strengthen this point by suggesting that discourse is the "principal medium through which power relations are maintained and reproduced" in modern society (p. 313). Disrespect is a form of belittlement or humiliating, demeaning, and aggressive behavior that reinforces the hierarchical power structure wherein the officer is in a dominant position and the citizen is subordinate. Such an understanding of power in discourse is particularly salient in the context of police-citizen confrontation given that there are likely few encounters that an indi- vidual can experience where power in discourse is as consequential.

Thus, the consequences of negative perceptions of police behavior appear to be significant. A substantial portion of the literature suggests that perceived police misconduct not only harms views about law enforcement, but it also degrades citizens' perceptions of procedural justice and thereby the legitimacy of legal authority overall (e.g., Mastrofski et al., 2002). Those who question

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the legitimacy and fairness of police are less willing to cooperate with law enforcement and are less inclined to abide by the law (cf. Tyler, 2001; Tyler & Fagan, 2008). Importantly, it has been rather well-documented that police misconduct tends to be concentrated in poor communities and com- munities of color. A large body of empirical evidence has identified racialized patterns in police behavior including aggressive police tactics and practices (e.g., E. Anderson, 1999; Carmichael & Kent, 2015; Lai & Zhoa, 2010; Lundman & Kaufman, 2003; Wu et al., 2009). Such systematic, persistent disrespect by the police within certain communities can undermine the legitimacy of the state as well as increase the likelihood of social unrest within these communities (for elaboration see Chevigny, 1995; Gurr, 1970; Mastrofski et al., 2002).

While we have learned a great deal from the extant literature about public perceptions of the police, there are nevertheless some limitations. First and foremost, more work is needed to develop our understanding of how race, gender, class, age, and other sociodemographic factors might influence the context of a broad set of actual encounters with the police. The research that does exist tends to focus on the role that sociodemographic factors might play in determining rather rare outcomes of police-citizen encounters, namely, an officer's decision to use force (see Bolger, 2015, for a recent meta-analysis), arrest (see Lytle, 2014, for a recent meta-analysis), or search a suspect (Bolger & Lytle, 2018). A relatively small number of studies that assessed how these factors might influence police-citizen interactions that do not necessarily involve either the use of force or arrest have been conducted (see Black & Reiss, 1970, for an important exception). Furthermore, the extant literature has tended to focus on global perceptions of the police even though most of the views expressed by survey respondents in such studies are likely not based on lived experiences but, rather, prejudice, stereotypes, vicarious experiences (e.g., Rosenbaum et al., 2005), sensationalized accounts of police treatment of citizens in the news media or on social media (Dowler, 2003; Lawrence, 2000; Mason, 2007), or television dramas, films, or novels that often "overdramatize and romanticize" policing (Dowler, 2003, p. 111). Given this, there are likely to be important differences between abstract notions of police behavior and lived experiences that need to be better understood. To identify some of these discrepancies, this article will examine individuals' percep- tions of police behavior following actual encounters drawn from a large national sample.

Another important limitation of the extant literature has to do with data and generalizability. Prior scholarship examining actual police-citizen encounters has typically drawn from data on either a single or a small number of cities (e.g., Reisig & Parks, 2000; Rosenbaum et al., 2005; Skogan, 2006, 2006; Wu et al., 2009). While highly informative, relying on one or just a few cases to assess perceptions of police-citizen encounters risks presenting a biased picture of these interactions because police-community relations, as well as styles of policing within a single jurisdiction, can be rather idiosyncratic. Since views of the police are uniquely formed within community contexts and cultures, drawing broad conclusions about police-citizen interaction from studies relying on data from a single or small number of jurisdictions can be misleading. To overcome this weakness, we analyze the only publicly available, nationally representative survey of police-citizen encoun- ters available in the United States. Doing so will allow us to make more generalizable assumptions about perceptions of police conduct during encounters across a diverse set of citizens in a number of geographical contexts.

To date, only a few studies have examined perceptions of police-initiated contact across the entire country (e.g., Lundman & Kaufman, 2003; Shepard-Engel, 2005). In fact, only one study by Shepard-Engel (2005) draws from the same survey utilized here. This article builds on Shepard- Engel's work in a number of ways. First, we utilize a more recent version of the survey (2011 vs. 1999). Second, Shepard-Engel limited her analyses to police-initiated traffic stops, whereas our analyses examine both police-initiated traffic stops and police stops of citizens on the street. These two improvements are important because (1) both citizens' views and police treatment may have shifted since 1999 and (2) ignoring police-initiated stops of pedestrians may introduce bias into the

Carmichael et al. 101

findings because these types of encounters are particularly prone to perceptions of bias, illegitimacy, and inappropriate treatment by the police (see Gelman et al., 2007). Thus, the present study will offer a more accurate and generalizable picture of the public's perceptions of police behavior during an encounter. Before proceeding to our data and findings, we will offer a brief account of the factors that might explain the varying treatment of citizens by law enforcement officers.

Determinants of Citizens' Perceptions of Police-Initiated Contact

A substantial amount of empirical research on police-citizen encounters has accumulated over the last few decades. The bulk of this scholarly work has either relied on survey data to assess how individual characteristics such as race, gender, age, and socioeconomic status influence perceptions of law enforcement by the general public (e.g., Murphy, 2009; Schuck et al., 2008; Weitzer & Tuch, 2005) or employed a participatory observational approach (e.g., Chambliss, 1994; Moskos, 2008; Rios, 2011). We outline this research below.

Race and Ethnicity

Racially biased policing has been among the most widely researched areas within the policing literature. While a number of studies have shown that the general public views the police favorably (Huang & Vaughn, 1996; Reisig & Parks, 2000; Weitzer & Tuch, 1999), there are well-established differences across social groups. As discussed above, racial and ethnic minorities report lower levels of confidence in the police than do Whites, and they are more likely to believe that minorities are treated less favorably by officers (Morin & Stepler, 2016). In fact, both Blacks and Hispanics perceive the police as racially biased and report higher rates of harassment and disrespect at the hands of officers (e.g., Brunson, 2007; Gau & Brunson, 2010; Wortley et al., 1997). Empirical evidence tends to support the idea that the lived experiences of minority group members within our racially and ethnically stratified society are fundamentally different than those experienced by Whites, particularly when they confront the criminal justice system. A number of studies have shown, for instance, that police disproportionately target minorities in a variety of contexts. Spe- cifically, racial bias has been identified in a variety of policing contexts including general harass- ment by police (Browning et al., 1994), "stop-and-frisk" searches (Fagan et al., 2010; Gelman et al., 2007), vehicle searches-aka "driving while Black" (e.g., Petrocelli et al., 2003; Rojek et al., 2012), arrests (see meta-analysis by Kochel et al., 2013), and police use of force (e.g., Carmichael & Kent, 2015; Garner et al., 2006; Terrill & Mastrofski, 2002).

Evidence of disparate treatment across racial and ethnic groups is somewhat mixed, though. For example, a 2003 study by Lundman and Kaufman found that Black drivers were more likely than other drivers to believe that traffic stops were illegitimate and that officers acted improperly during the encounter. Such findings, however, are inconclusive. Recent work by Allen and Monk-Turner (2010), for instance, found that Blacks and Whites were equally likely to perceive stops as illegi- timate. They did find, however, that Blacks were significantly more likely to report improper treatment by police relative to other groups. Such inconsistencies may be due to the use of different samples. While Lundman and Kaufman rely on nationally representative survey data, Allen and Monk-Turner draw from a small, convenience sample (mostly undergraduate students in a single university). As a result, the findings from the Allen and Monk-Turner study may be presenting a less reliable picture of perceptions of police-initiated encounters across the country. We will attempt to remedy some of these inconsistencies in the present study.

There are a number of possible explanations for why police might treat minorities differently. Scholars have asserted that the public, in general, and law enforcement, in particular, equate Black- ness itself with wrongdoing and criminality (e.g., C. Anderson, 2016; Browne, 2015; Kennedy,

1 02 Criminal Justice Review 46(I)

1997; Muhammad, 2010; Quillian & Pager, 2001). Others argue that police target African Amer- icans primarily because they represent less of a threat to the careers of officers given their relative powerlessness (Chambliss, 1994). Similarly, neo-Marxian accounts suggest that minorities rep- resent a real or perceived threat to the superordinate economic and political position of Whites and that such threats to the status quo will be met with, among other things, increased levels of formal social control (e.g., Carmichael & Kent, 2014; Kent & Carmichael, 2015; Spitzer, 1975; Turk, 1969). Empirical research has consistently shown that there is a pervasive use of race by police to determine who they suspect of wrongdoing and who they choose to stop and question. If such police behavior is prevalent across the entire United States, the following hypotheses should guide our expectations:

Hypothesis 1: Relative to Whites, African Americans and Hispanics will be less likely to believe they were treated appropriately and respectfully by police.

Hypothesis 2: African Americans and Hispanics will be more likely than Whites to perceive police-initiated encounters as illegitimate.

Social Class

While race is the focal concern of the bulk of the literature related to police misconduct, a relatively small number of studies have examined the role that social class might play in shaping police-citizen encounters. Much of the class-based research draws on the conflict perspective. Conflict theory has long associated the criminal justice system with the maintenance of structural inequality in society (e.g., Quinney, 1977). Scholars following this tradition have suggested that large disparities in economic resources can produce an unstable social order that must be maintained by increases in coercive mechanisms such as the police (e.g., Chambliss & Seidman, 1980; Chevigny, 1995; Rusche & Kirchheimer, 1939; Turk, 1969). According to this line of reasoning, the poor and unemployed members of society are less committed to the law and its underlying moral order and are presumed to be more likely to threaten the prevailing social arrangements through criminal activity. Police are thought to be employed as a mechanism to intensify coercive pressure in an effort to dissuade members of the "dangerous class" (the poor, unemployed, and vagrants) from committing a crime (e.g., Fagan & Davies, 2000; Garland, 2001; Jankovic, 1977).

Aside from race, one's level of affluence may influence their experiences with the police, with those at the bottom of the economic stratification system being more likely to have conflict with the authorities. Studies that have tried to assess the relationship between social class and treatment by law enforcement have tended to provide support for such expectations. In his foundational work observing police-citizen encounters, Reiss (1971) concluded that social class is more important than race in determining police misconduct. More recent ethnographic work has come to similar con- clusions (e.g., Chambliss, 1994; Moskos, 2008). Early quantitative work by Hagan and Albonetti (1982) found that, regardless of race, the poor and/or unemployed were significantly more likely to face injustice in the criminal justice system. Fagan and Davies (2000) and Mastrofski et al. (2002) reinforce these ideas by demonstrating that police are more aggressive and disrespectful to citizens in poor communities relative to those living in middle-class neighborhoods. If such aggressive, disrespectful police misconduct is more likely to occur against the poor, we should expect the following:

Hypothesis 3: The poor will be more likely to believe they are treated inappropriately and disrespectfully by the police when compared to more affluent individuals.

Hypothesis 4: The poor will be more likely to perceive police-initiated encounters as illegitimate relative to more advantaged individuals.

Carmichael et al. 103

Gender

A number of scholars have also identified patterns of differential treatment between men and women by criminal justice officials. While somewhat mixed, the bulk of this literature suggests that, at many points of discretion within the justice system, women are treated less formally and/or punitively. Empirical evidence suggests, for example, that women are less likely to be arrested by police (e.g., M. R. Smith et al., 2006; Visher, 1983), less likely to have police use force against them (Klahm & Tillyer, 2010), more likely to be released on bail prior to trial (Swigert & Ferrell, 1976), more likely to have their cases dismissed by prosecutors (Spohn et al., 1987), and, when found guilty of similar offenses as men, "women-particularly those with dependent children-are less likely to be sen- tenced to prison (Koons-Witt, 2002). Furthermore, Doerner and Demuth (2009) found that, if sentenced to prison, women tend to receive shorter terms of incarcerations relative to those received by men.

Findings from scholarship that specifically examines police treatment of female suspects have been mixed. While some studies have found that police treat male and female suspects similarly (e.g., Alpert & Dunham, 2004; D. A. Smith & Visher, 1980, p. 81), the bulk of the literature appears to point toward differential treatment by police, that is, as long as female suspects display appro- priate gender behaviors (Visher, 1983). It appears, for instance, that police are less likely to stop females and/or harass them. According to results from a self-report survey of public high school students in Chicago, 73% of the male respondents, but only 45% of women, had been stopped by the police (Friedman et al., 2004). Women are also less likely to report being harassed by police (Browning et al., 1994). As mentioned above, women are also less likely to be arrested and to have force used against them. The primary hypotheses used to explain the gendered treatment of citizens by police tend to involve notions of chivalry (Kruttschnitt & Savolainen, 2009; Spohn, 1999) which stipulates that women are, relative to men, more passive, weak, and dependent on the protection on men rather than punishment. If suppositions about police treatment of female offenders are accurate, we should expect the following:

Hypothesis 5: Relative to men, women will more likely to believe they were treated more appropriately and respectfully by police.

Hypothesis 6: Women to be less likely than men to perceive police-initiated encounters as illegitimate.

Additional Controls

Two additional factors are also considered in our analyses. First, numerous studies have identified patterns of police misconduct toward adolescents (e.g., Carr et al., 2007; Chambliss, 1994; Decker, 2003; Goffman, 2009; Lundman & Kaufman, 2003; Rios, 2011). This scholarship suggests that youth are more likely to have negative encounters with police primarily because of perceptions that young people are relatively powerless and are therefore less likely to threaten the careers of the officials involved if misconduct occurs (Chambliss, 1994; Steffensmeier et al., 1998). Given this, we hypothesize that young people will be more likely than older individuals to believe that police acted inappropriately during the encounter.

Finally, a number of policing scholars have focused on differences in policing styles across communities. Foundational work by Wilson (1968) identifies three main styles of policing: (1) the watchman style (typically emphasizes order over law enforcement, this style is rather aggressive and tends not to rely on formal powers of ticketing and arrest), (2) the legalistic style (focuses on enforcing the law rather than order, fines, and arrests for most, even small, infractions), and (3) the service style (promotes service to the community over law enforcement, fewer tickets, and arrests).

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It is important to note that the majority of research on policing has focused on policing in large urban centers (e.g., Lai & Zhao, 2010; Moskos, 2008; Reisig & Parks, 2000; Rosenbaum et al., 2005; Skogan, 2006; Tyler & Fagan, 2008; Wu et al., 2009). Much of this work points to police adopting the watchman style in urban areas with large poor and minority populations and the legalistic style in less ethnically diverse and more affluent communities. While relatively little attention has been given to policing in smaller communities, the research that has been conducted suggests that department norms emphasize the less aggressive service style of policing and that officers tend to focus on social services to members of the community (Payne et al., 2005; Weisheit et al., 2006). Differences across large and small jurisdictions appear to be associated with the relationship between the police and communities they patrol. In cities, police tend to be viewed as outsiders and accorded less respect, whereas small-town officers are typically respected individuals in what are often close-knit communities (Decker, 1978). If these differences in style vary according to community size, we should expect more negative public perceptions of police-initiated contact in larger cities relative to small ones.

Data and Measures

The Sample and Dependent Variable

To assess the hypotheses outlined above, we draw from the most recent Police-Public Contact Survey (PPCS) administered in 2011. The PPCS is a supplement of the National Crime Victimiza- tion Survey (NCVS), which interviews a nationally representative sample of U.S. residents aged 16 years or older. The survey provides detailed information about the nature and characteristics of face- to-face contact with law enforcement within the preceding 12 months of the survey. The PPCS was administered to 49,246 of the 62,280 eligible individuals in the NCVS. Differences in sample size between the surveys result from the use of distinct age criteria with the NCVS allowing respondents as young as 12 years and up, while the PPCS (used here) restricts interviews to individuals 16 years of age and older. While the sample was administered to a nationally representative group of U.S. residents, the vast majority of the 49,246 individuals surveyed had no contact with police during the preceding 12 months. Because we are interested in isolating factors associated with perceptions of police resulting from contact, we restrict our analysis to those respondents who did have contact with police during this 12-month period. In total, 4,281 of the 49,246 PPCS respondents (6.9%) had been stopped by police while driving a motor vehicle, and another 449 (0.7%) had been stopped while walking in the preceding year. Note that sample sizes vary across some of our models, largely due to item nonresponse to questions related to the outcome variable. In fact, nearly all (over 95%) of the respondents answered the questions related to two of our outcome variables (improper and respectful treatment by the police), but respondents appeared somewhat less inclined to answer questions about the legitimacy of the stop (82% of those involved in a traffic stop responded to the legitimacy question, and only 47% of those involved in a street stop answered this question). Finally, since citizens may perceive contact with police differently if they are stopped while operating a motor vehicle versus being stopped while walking in the streets, we statistically analyze each type of police/citizen contact in separate equations in an effort to isolate distinct explanations for each type of encounter.

To assess the influence of theoretically derived factors explaining citizens' perception of the police-initiated contact they had in the preceding 12 months either while driving an automobile or walking (separately), we consider three distinct dependent variables in our statistical analyses (note that in cases of multiple contacts with police over the preceding 12 months, the survey limits respondents to the most recent encounter). Given that each of the three questions we use as an outcome variable is a dichotomous variable, specifically, they are questions that ask respondents to

Carmichael et al. 105

answer "yes" or "no" to a series of questions about the contact they had with law enforcement, we recode each of them into dummy variables coded 1 and 0. The first dependent variable asks whether or not the respondent believes that the officer acted properly during the encounter. The survey item asks respondents to answer "yes" or "no" to the following statement: "Looking back on this contact, do you feel the police behaved properly?" Because we are primarily interested in factors associated with negative perceptions about police contact, we reverse code the variable such that those who respond "no" are identified in a dummy variable coded 1 and those who respond "yes" are coded as 0. The second dependent variable asks if the respondent felt that the police officer was respectful during their encounter. The survey asks, "Looking back on this encounter, do you feel the police treated you respectfully?" Again, we recoded this variable into a dummy variable coded 1 if the respondent answered "no" to the question and 0 if they answered "yes." Our final dependent variable asks respondents if they believed the police-initiated stop was legitimate (i.e., did they believe they had done something to warrant being stopped by the officer). The survey item asks: "Would you say that the police officer(s) had a legitimate reason for stopping you?" Consistent with previous outcome variables, we recoded the original variable into a dummy coded 1 if the respondent answered "no" and 0 if they answered yes.

Explanatory Variables

Drawing on theory and prior research related to police-citizen contact, we assess the explanatory power of several variables taken from the PPCS. Perhaps no other factor has received more attention than the role that race and ethnicity may play in determining behavior during police-citizen encoun- ters. To assess the potential role that race and ethnicity may play in determining citizens' perceptions about their contact with law enforcement, we create two separate dummy variables. The first dummy variable is coded 1 if the respondent identifies as being an African American and 0 otherwise. Similarly, we include another dummy variable coded 1 if respondents self-identified as being "Hispanic," and 0 if they did not. Gender effects in police-citizen encounters have also received attention from scholars (e.g., Browning et al., 1994; Friedman et al., 2004). To examine whether officers treat male and female citizens differently in their encounters, we include another dummy variable coded 1 if the respondent is male and 0 if they are female. The literature also suggests that police may treat juveniles and young adults differently than older adults (e.g., Carr et al., 2007; Decker, 2003). To account for this possibility, we include the age of respondents (in years) in all of our statistical models. Social class may also play a role in how police treat citizens (e.g., Fagan & Davies, 2000; Mastrofski et al., 2002). We operationalize social class using two separate variables. The first is a dummy variable coded 1 if the respondent is unemployed during the week prior to the survey and 0 if they were employed outside of the home. The second measure of class is a catego- rical variable that captures income. On the PPCS, annual income is collapsed into three categories: (1) less than $20,000, (2) $20,000-$49,999, and (3) $50,000 or more. Each of our models includes these three categories as separate dummy variables with the category of $50,000 or more serving as the reference category. Finally, we account for city size in our models since prior research (e.g., Payne et al., 2005) suggests that, relative to officers in rural communities, urban police officers may treat citizens they encounter differently. The PPCS collapses the size of the place that the respondent resides into four categories: (1) population under 100,000 residents; (2) 100,000-499,999; (3) 500,000-999,999; and (4) 1 million and up. All of our models include these four dummies for population, but the "less than 100,000" category is removed to act as the reference category. Finally, diagnostic tests suggest that multicollinearity is not degrading our estimates (the highest Variance Inflation Factor (VIF) score is just 1.05).

106 Criminal Justice Review 46(I)

Data Limitations

While the PPCS represents an important data source for advancing our understanding of public perceptions of police-initiated encounters, it is not without limitations. First, the PPCS is limited in that it only assesses citizen accounts of an incident with no information from the officer involved. This is potentially problematic given that research has identified frequent discrepancies between an officer's account of an event relative to the version of the same event advanced by the citizen(s) involved in the incident. Alpert and Dunham (2004), for instance, reported that of the 627 incidents of police arrests they examined in Miami-Dade County, inconsistencies between the accounts offered by officers and those offered by suspects occurred in 11.8% of the incidents with the largest discrepancies occurring with minority suspects (Hispanic 18%, Black 17%). Despite these discre- pancies and the bias therein, what we know is that the account of the incident is agreed upon in the vast majority of police-citizen encounters (over 80% of the cases). Thus, while inconsistencies exist that may influence some of our results, the impact on the results is likely negligible. Second, the data used here do not include sufficient individual-level demographic characteristics of the police offi- cers, which is an important factor in determining the quality of the police-citizen encounter as the extant literature suggests that police behavior varies by a number of factors including officer ethnicity, gender, age, and years of experience (e.g., Alpert & Dunham, 2004; Terrill & Mastrofski, 2002). The data set lacks important community-level characteristics. This is likely a contributing factor in developing perceptions of the police as scholarship has shown that characteristics of the community such as the extent of poverty, crime, and disorder can play a powerful role in determin- ing police behavior (e.g., Reisig & Parks, 2000; Terrill & Reisig, 2003; Terrill et al., 2003; Weitzer & Tuch, 2006; Wu et al., 2009). Unfortunately, these factors could not be included in the analyses that follow because community-level factors are not captured in the PPCS.

Another concern with the PPCS is that it does not contain any situational variables (e.g., demea- nor, suspicion of a crime) related to the police-citizen encounter. This is potentially an important shortcoming given that research has suggested that such variables are significant predictors of police behavior (cf. Lundman, 1994). Together, these limitations of the PPCS make it difficult to guard against confounding and endogeneity problems. Future studies should include such factors in their analyses if such data are included in survey items. Finally, while there are a number of important advantages to using a randomized national sample to study perceptions of the police, these types of surveys tend to capture few individuals who are stopped by the police in the preceding 12 months. This is particularly true for those involved in a street stop. While the results presented here are suggestive of generalizable patterns, they must be tempered by limited inferences we can draw from relatively small sample sizes, particularly those related to street stops. Such omissions are unavoid- able in research that relies on survey data, but we believe the insights we can derive from analyzing national-level data on police-initiated contact outweighs these limitations.

Results

Descriptive Statistics

Before proceeding to our multivariate analysis, it is worth exploring some descriptive statistics drawn from the survey. Table 1 presents means, standard deviations, and the range for each variable in our models. Given that the PPCS is a large-scale, nationally representative sample, it is useful to examine broad trends in police-citizen contact. Summary statistics drawn from the survey highlight some interesting trends. For example, roughly 10% of those surveyed reported being stopped by the police in their vehicle in the preceding 12 months, while fewer than two in 100 reported being stopped by police while on the street during the same period. Disaggregating by race, however, suggests that African Americans are more likely to have police contact relative to other racial or

Carmichael et al. 107

Table I. Descriptive Statistics of Police-Initiated Contact With Citizens.

Mean SD Min. Max.

Variable Car Street Car Street Car Street Car Street

I = Police acted properly 0.098 0.21 0.298 0.41 0 0 1 1 1 = Police acted disrespectfully 0.087 0.19 0.282 0.40 0 0 1 1 1 = Police stop was illegitimate 0.160 0.28 .367 0.45 0 0 1 1 1 = African American 0.109 0.12 0.312 0.33 0 0 1 1 1 = Hispanic 0.1 16 0.16 0.320 0.37 0 0 I I I = Male 0.560 0.64 0.497 0.48 0 0 1 1 Age 410.353 350.67 150.634 160.06 16 16 90 88 I = Unemployed 0.273 0.41 0.445 0.49 0 0 1 1 1 = Income above $50,000 0.459 0.32 0.498 0.47 0 0 1 1 1 = Income $20,000-50,000 0.247 0.29 0.432 0.45 0 0 1 1 1 = Income under $20,000 0.294 0.39 0.456 0.49 0 0 1 1 1 = City population below 100,000 0.757 0.68 0.429 0.47 0 0 1 1 1 = City population 100,000-499,999 0.150 0.19 0.357 0.39 0 0 1 1 1 = City population 500,000-999,999 0.043 0.04 0.202 0.19 0 0 1 1 1 = City population I million and up 0.050 0.09 0.219 0.17 0 0 1 1

ethnic groups. In fact, Blacks are roughly 30% more likely to be stopped by the police while walking and about 7% more likely to be stopped in their vehicle relative to other racial groups (1.38% vs. 1.05%). Examining statistics related to social class suggests that low-income individuals (income less than $20,000) were more likely to be stopped by an officer while walking during the preceding 12 months relative to affluent individuals earning over $50,000 (1.12% vs. 0.90%, respectively). Age also appears to play a rather substantial role in determining the likelihood of police-citizen contact, with young people being over 3 times more likely to have such an encounter relative to older individuals. Specifically, less than 1% (.08) of those over age 25 reported being stopped by an officer while walking in public, whereas 3% of those under age 25 reported such an encounter. Relative to those over 25 years of age, younger individuals were also somewhat more likely to report being stopped by an officer in their vehicle (15.39% vs. 13.59%). In isolation, the descriptive statistics outlined above could not be used to point to biased behavior on the part of law enforcement as it seems plausible that officers direct their efforts toward those most inclined (per crime statistics) to commit illegal acts.

Cross tabulations of race and the legitimacy of these stops suggest that Blacks are over twice as likely to perceive their contact with an officer was illegitimate (i.e., they did not believe they had done something to deserve being stopped in the first place). In fact, nearly two thirds (65.22%) of those African Americans who reported being stopped by an officer while walking in the preceding 12 months believe the stop was illegitimate, whereas only 28.34% of those in other racial groups believed so. A similar trend is present for those stopped while driving their vehicle. More than one in four African Americans stopped by law enforcement in their motor vehicle believed the stop itself was illegitimate, whereas just under 15% of other racial groups believed so. Such findings seem consistent with much of the scholarly literature that identifies a racial bias in policing policies such as stop-and-frisk (Gelman et al., 2007; Fagan et al., 2010) as well as the scholarship finding racial disparities in traffic stops and searches (Petrocelli et al., 2003).

Beyond race, descriptive statistics also show that younger people (under 25 years of age) who are stopped by law enforcement while walking during the preceding 12 months are nearly twice as likely to believe the stop was illegitimate relative to older individuals (46% vs. 24%, respectively). Young people stopped in their vehicles were also roughly a third more likely to think the stop was

108 Criminal Justice Review 46(1)

illegitimate when compared to older adults (19% vs. 15%). Gender differences appear much less pronounced. Women and men who reported being stopped by an officer while walking were equally likely to believe the stop was illegitimate (32.4% of both men and women). Similarly, men and women stopped in their vehicle were equally likely, although at a much lower level of magnitude, to believe the encounters were illegitimate (16.8% vs. 14.7%, respectively). Univariate statistics also suggest that substantial differences exist by social classes. Specifically, roughly 42% of those earning less than $20,000 a year believed that, when approached by an officer while walking in public, the stop itself was illegitimate, whereas only 25.99% of those with a similar encounter with police earning more than $20,000 believed the stop was illegitimate. Thus, low-income individuals are more than 50% more likely to believe that it was inappropriate for them to have been stopped by an officer relative to more affluent individuals. Similarly, low-income individuals are significantly more likely to believe that the traffic stop they were involved in during the preceding 12 months was illegitimate (18.84%) relative to more affluent individuals with similar police contact (14.56%). These descriptive statistics are consistent with claims by Chambliss (1994) and others who suggest law enforcement police individuals they perceive to be less influential, more aggressively.

Finally, it is worth noting that those stopped by police in the preceding 12 months, regardless of race, gender, class, and so on, were all significantly more likely to believe that encounters with law enforcement while walking were illegitimate. Thus, the fact that such encounters are more likely for certain groups within society (e.g., African Americans, young people, and the poor) should help explain some of the negative perceptions held about police officers among members of these targeted groups. The multivariate results presented below will allow us to account for several factors that influence broad perceptions of police-citizen contact in a more systematic manner.

Multivariate Analysis

Table 2 presents the results from our logistic regression models predicting citizens' perceptions of police-initiated encounters they had during the 12 months prior to the survey. Six separate statistical models are assessed in Table 2. Each model examines if and how each citizen's sociodemographic background might shape how police officers treat them during either a traffic stop or a pedestrian stop and if the encounter was perceived to be legitimate. Specifically, Models 1 and 2 estimate how individual and community characteristics might influence perceptions of police behavior. Our final model explores the potential association between socioeconomic factors related to the citizen involved in the incident as well as community size on perceived legitimacy.

As mentioned, our first and second models examine the explanatory power of a number of sociodemographic and contextual factors that might be related to perceptions of police treatment. Findings from Model 1 show that African Americans stopped by an officer either in their vehicle or as a pedestrian are significantly more likely than other racial groups to believe that the officer involved had treated them improperly. In fact, odds ratios suggest that African Americans are about 50% more likely than other ethnic groups to think officers operated outside the limits of police authority during traffic stops and over 80% more likely to hold such views after encounters with officers as pedestrians. This is consistent with research in the field of policing, particularly the set of literature that highlights racially discriminatory practices in stop-and-frisk policies, racial disparities in police stops and searches of African American drivers, and racial profiling, more broadly (see Lundman & Kaufman, 2003; Petrocelli et al., 2003). It is noteworthy, however, that Hispanics are no more or less likely than other groups to think officers acted improperly toward them. Despite expectations to the contrary, the gender of the citizen does not appear to play a role in the odds that an officer behaves appropriately but, as anticipated, younger people are significantly more likely than older individuals to be treated improperly by law enforcement.

Carmichael et al. 109

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Results from Model 1 related to social class are largely consistent with expectations derived from prior policing research (Chambliss, 1994; Fagan & Davies, 2000; Mastrofski et al., 2002). Unem- ployed citizens stopped as a pedestrian were significantly more likely to report being treated improperly by the officer; however, employment status does not appear to influence perceptions of police behavior during traffic stops. That said, social class appears to play a powerful role in determining police behavior. Low-income individuals (those earning less than $20,000 per year) were nearly twice as likely as affluent citizens (over $50,000) to be subjected to improper behavior by officers. Police mistreatment of the poor appeared during traffic stops, but the odds of such misconduct were more likely during the course of pedestrian stops. In fact, odds ratios suggest that poor citizens stopped on the street are over twice as likely to report inappropriate police behavior relative to those involved in a traffic stop. Finally, the population size in the jurisdiction where the stop occurred appears to be one of the strongest predictors of inappropriate police behavior. Results indicate that those living in large urban centers (cities over one million residents) are nearly twice as likely to be treated improperly during police encounters when compared to those stopped in small cities (less than 100,000 residents). This finding is consistent with the research comparing policing in small towns versus urban policing (e.g., Payne et al., 2005; Weisheit et al., 2006) and suggests that, indeed, police might rely on more aggressive policing styles in large cities.

Our second model examines whether or not similar factors help explain variation in how "respectfully" officers were during their contact with citizens. Note that while there may be overlap between "appropriate" and "respectful" treatment, nuanced distinctions exist. Proper behavior is indicative of treatment by law enforcement that is consistent with preconceived notions about (in)appropriate police actions during a stop. This includes a sense that an officer's legal authority is applied objectively and that procedural justice is carried out leading up to and during the encounter with a citizen. Inappropriate police conduct occurs when officers operate outside of the prescribed limits of police authority. Respect, on the other hand, is related more to the tone of the encounter. Disrespectful behavior by an officer is associated with speech and/or action that humiliates, demeans, and belittles the citizen they encounter. Importantly, an officer may well abide by all police policies and practices but treat a suspect disrespectfully during the stop, and vice versa. Furthermore, Trinkner et al. (2018) suggest that "anything the police do is appropriate and legit- imate, so long as it is done respectfully and impartially" (p. 282). That said, there is a substantial overlap between the two concepts.

Findings from this model show that African Americans are significantly more likely to report disrespectful police behavior during both traffic stops and while walking (albeit, only at the .1 significance level). Similar to results from Model 1, youth, the poor, and those living in large cities have significantly higher odds of reporting disrespectful treatment during traffic stops. Results from pedestrian stops, however, suggest that the poor are significantly more likely to believe they were treated disrespectfully by officers during an encounter. In fact, the odds ratios suggest that poor citizens are over twice as likely to believe the officer treated them disrespectfully when stopped as pedestrians and nearly 50% more likely to be treated in such a manner during vehicular stops. These findings are consistent with claims by Reiss (1971) and others (Chambliss, 1994; Fagan & Davies, 2000; Mastrofski et al., 2002; Moskos, 2008) who find that lower class individuals are more likely to be subject to aggressive, disrespectful behavior when they encounter law enforcement.

Model 3 assesses perceptions of the legitimacy of the police encounter. Consistent with the hypotheses outlined above, African Americans are significantly more likely to believe that the police contact was illegitimate. In fact, odds ratios suggest that Blacks involved in traffic stops are nearly twice as likely to believe the stop was illegitimate, whereas those stopped as pedestrians were over 4 times more likely to hold such views. Hispanics were also more likely than Whites to believe the police encounter was illegitimate. Importantly, though, while Hispanics believe they were treated appropriately and respectfully during the encounter (based on results in the previous models),

Carmichael et al. I I I

they are over 50% more likely to think the stop was unwarranted. This is consistent with the discriminatory police practices against minorities described in numerous studies (e.g., Allen & Monk-Turner, 2010; Brunson, 2007; Gau & Brunson, 2010; Lundman & Kaufman, 2003; Wortley et al., 1997).

Results also show that young people, the poor, and those living in large urban areas are signif- icantly more likely to believe that their encounter with law enforcement was unjustified. Odds ratios suggest that a 20-year-old individual is 30% more likely than a 30-year-old to believe a stop is illegitimate. Findings related to social class are somewhat mixed. Unemployed individuals approached and questioned by officers as pedestrians are over twice as likely to believe the stop was illegitimate, but these individuals have the same odds as the employed to believe the stop was unjustified during a traffic stop. The poor were about 50% more likely to perceive a traffic stop as illegitimate relative to the affluent but had similar odds if stopped while walking. Finally, results related to the size of the jurisdiction suggest the legitimacy of police-initiated traffic stops is less likely in urban areas than it is in small communities. Note that some inconsistencies exist between the model estimating perceptions about the legitimacy of traffic stops from those stopped as pedes- trians. Such inconsistencies are likely due, in part, to differences in small sample size given that relatively few people in the survey were involved in a police-initiated pedestrian stop in the 12 months preceding the administration of the survey. While these results should be interpreted cautiously, the pedestrian model is still able to confirm many of the results from previous models.

Additional Considerations

Before reviewing our findings and their implications, we will discuss some additional measures we considered in our analyses but opted not to report here. In particular, we introduced a number of interactions into our models to assess the possibility of joint effects. We know from a number of studies of the criminal justice system that, rather than operating independently, social factors such as race, gender, and age may operate together to produce disparate treatment. Steffensmeier et al. (1998) for example showed that the most punitive sentences handed out in criminal courts were given to young, Black, males. Given this, we introduced a number of interactions to assess this possibility. Several two-way interactions were considered including (1) Black x Male, (2) Black x Age, (3) Black x Large City Size, (4) Black x Unemployed, (5) Hispanic x Male, (6) Hispanic x Age, (7) Hispanic x Large City Size, and (8) Hispanic x Unemployed. Two three-way interactions were also considered (Black x Male x Age and Hispanic x Male x Age). We opted not to present any of these interactions because none of them achieved statistical significance in any of our models. Importantly, it should be noted that interactions often fail to reach significance because of the sizable collinearity they introduce into the equation, particularly when sample sizes are relatively small. That said, if sample sizes increase in future data sets, these interactions may prove to be important predictors of police behavior.

Discussion

A rather large body of literature has examined determinants of disparate treatment during police- citizen encounters. Scholarly interest in these encounters has two primary drivers. First, police misconduct during contact with citizens is potentially destabilizing as it has been linked to numerous episodes of social unrest in the United States and elsewhere. Second, improper or disrespectful treatment by the police has been shown to influence perceptions of the legitimacy of the police and the broader legal system. Legitimacy is vitally important as the state relies on it for compliance in a whole host of individual activities, including, obeying laws. In fact, an orderly society is not possible if all (or at least, most) of its members don't voluntarily consent to abide by the rules set out by the

1 12 Criminal Justice Review 46(I)

state through law. Such consent has been linked to perceptions of the legitimacy of those charged with governing society. Citizens who believe state agents operate legitimately will comply with the law so long as they believe these actors behave properly and fairly. That said, a large number of studies, as well as public opinion polls, have shown that law enforcement may not be treating all members of society equally and fairly. This study has attempted to build on the existing literature in determining precisely what characteristics might explain disparate treatment by officers.

While illuminating, much of the existing literature has suffered from important shortcomings that limit their usefulness in developing our understanding of police behavior during their contacts with citizens. The bulk of these studies have drawn conclusions from either a single or a small number of jurisdictions and tend to explore factors that account for global perceptions of police rather than views about direct experiences during recent encounters with law enforcement. Furthermore, few studies have considered how a police officer's behavior might vary in the context of both traffic stops and pedestrian stops. The present study improves on prior work in the area by drawing data from a large-scale, nationally representative survey that asks respondents about police-initiated contact during both traffic stops and pedestrian stops.

Several important findings flow from our analysis. First, results related to race and ethnicity contribute to the broad discussion about the treatment of minorities by police officers. Importantly, we help resolve some of the inconsistencies found in the research on race and policing. In particular, our findings are consistent with those reported by Lundman and Kaufman (2003) in that they show how African Americans are less likely to report that police had a legitimate reason for stopping them in their vehicles. While consistent with some studies, our findings run counter to those presented by Allen and Monk-Turner (2010) who show that African Americans are just as likely as Whites to view a police-initiated traffic stop as illegitimate. That said, findings from Lundman and Kaufman (2003) as well as Allen and Monk-Turner (2010) are consistent with those presented here in that each indicates that Blacks are more likely to be subjected to inappropriate and disrespectful treatment by police. Importantly, neither of these studies consider pedestrian stops. Regardless of the type of stop, both Blacks and Hispanics are significantly more likely than other groups to believe their encounters with law enforcement are illegitimate. African Americans, however, are over 4 times more likely to hold such views after pedestrian stops. Overall, these findings suggest racial bias on the part of officers are consistent with conclusions from the broader policing literature (e.g., Gau & Brunson, 2010; Gelman et al., 2007; Fagan et al., 2010; Kochel et al., 2013; Petrocelli et al., 2003; Rojek et al., 2012).

Results related to social class are also telling. According to our findings, the poor are significantly more likely to report inappropriate and/or disrespectful treatment by officers during both traffic stops and pedestrian stops. They also have higher odds of perceiving police-initiated traffic stops as illegitimate. This is consistent with other studies of policing which suggest the poor receive more aggressive, disrespectful treatment by officers (e.g., Fagan & Davies, 2000; Mastrofski et al., 2002). Neo-Marxists offer some insights into why police might use a "tougher" style of policing with both the poor and racial minorities. They claim that police target African Americans and the poor because they represent less of a threat to the careers of officers given their relative powerlessness (Chambliss, 1994). Another important finding from the study relates to city size. Our results suggest that citizens stopped in their motor vehicles by an officer in urban centers are significantly more likely to report inappropriate and disrespectful police behavior. Urban residents are also more likely to view the traffic stop as illegitimate.

Broader Implications

Findings presented here suggest that, across the country, minorities and the poor-particularly those living in urban centers-are much more likely to believe they were subjected to mistreatment at the

Carmichael et al. 11I3

hands of the police. Such perceptions have enormous implications not only for the legitimacy of law enforcement but also for the entire legal order. Perceptions of targeted police misconduct threaten to weaken the commitment to legal norms and degrade the willingness to cooperate in maintaining a secure society within minority and poor communities. Efforts to improve this situation should consider policies that address and correct unjust, racialized, class-based police practices. Results from this study suggest that doing so would improve police-citizen relations as well as increase perceptions of legitimacy. Over time, this could not only increase cooperation with law enforcement but also compliance with the law in poor communities and communities of color.

Declaration of Conflicting Interests

The authors declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Funding

The authors disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: Social Sciences and Humanities Research Council of Canada (grant id: 82862).

ORCID iD

Jason Carmichael ( 1 https://orcid.org/0000-0002-9670-607X

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Carmichael et al. 11|7

Author Biographies

Jason Carmichael is an associate professor of sociology at McGill University in Montreal, Quebec, Canada. His research agenda centers on how sociopolitical arrangements influence punishment and other mechanisms of formal social control. The subjects of his research on the criminal justice system have included, among other things, the use and legality of the death penalty; factors contributing to jail and prison use; determinants of metropolitan police force size, the incarceration of juvenile offenders in adult prisons, police use of lethal force; and, more recently, citizens' perception of police behavior in the United States and Canada.

Jean-Denis David is currently completing a PhD in sociology at McGill University and holds an MA in criminology from the University of Ottawa. His graduate research is supported by a Doctoral Fellowship from the Social Sciences and Humanities Research Council of Canada. His research intersects criminology and sociology. He is particularly interested in police-community relations including police-citizen encounters and citizen perceptions of the police.

Ann-Marie Helou is a PhD student of sociology at McGill University in Montreal, Quebec, Canada. Her research focuses on how legal systems reinforce class and racial inequalities. The topic of her PhD dissertation will analyze judicial discourse surrounding sentencing. More recently, she has worked on political corruption in Lebanon and how this affects the legal system as well as citizens' perception of police behavior in the United States and Canada.

Colby Pereira is a PhD student at McGill University in Montreal, Quebec, Canada. Her research agenda focuses on policing in Canada. Specifically, her research looks at police use of force in Canada, discrimination in policing in Canada, and comparative studies of policing in Canada and the United States. She also has research interests in the militarization of policing, and the role that discrimination, race, and politics plays in the use of punishment among both police and the judicial system in both Canada and the United States.

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