police brutality

THE ABUSE OF POLICE AUTHORITY

A National Study of Police Officers’ Attitudes

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The Abuse of Police Authority

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Police Foundation

THE ABUSE OF POLICE AUTHORITY

A National Study of Police Officers’ Attitudes

David Weisburd

Rosann Greenspan

Edwin E. Hamilton

Kellie A. Bryant

Hubert Williams

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Police Foundation

IV

MAIN SURVEY RESULTS

Abuse of Authority and the Use of Force The use of force may be a relatively rare occurrence in American policing (Worden and Shepard, 1996), but those incidents that do occur escalate too often to the level of excessive force.

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In trying to understand why, we asked a series of questions that address the attitudes that police officers have toward the use of force and their perceptions of the behavior of their fellow officers.

Our survey shows that most police officers in the United States disapprove of the use of excessive force. Nonethe- less, a substantial minority believe that they should be permitted to use more force than the law currently permits, and they consider it acceptable to sometimes

The survey consisted of more than 80

questions that relate to the problem of

abuse of authority (see Appendix A).

Below, we summarize the main find-

ings of the study. First, we examine re-

sults across the entire sample, focus-

ing on six central concerns: (a) abuse

of authority and the use of force, (b)

the code of silence, (c) social factors,

(d) departmental responses, (e) con-

trolling abuse, and (f) community

policing. We then turn to comparisons

of subgroup responses according to re-

gional variation, size of department,

supervisory status, racial variation, and

gender variation. For example, are the

perceptions of white officers different

from those of African Americans or

other minorities? Does it matter if the

officer is from the Midwest or the South?

…[M]ost police

officers in the

United States

disapprove

of the use

of excessive

force.

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The Abuse of Police Authority

use more force than permitted by the laws that govern them. The officers re- vealed this attitude in their responses to several questions that were presented to them. More than 30 percent of the sample expressed the opinion that “police officers are not permitted to use as much force as is often necessary in making arrests” (see Table 4.1). Almost 25 per- cent felt that it is sometimes acceptable to use more force than legally allowable to control a person who physically as- saults an officer. A very substantial mi- nority, more than 4 of 10, told us that always following the rules is not com- patible with getting the job done (see Appendix A, a19).

Most officers are not interested in hold- ing themselves to higher standards than

required by law. More than 65 percent of the sample officers were content that police department rules about the use of force not be stricter than required by law. Still, almost 35 percent did feel that departmental rules should be stricter than required by law. And when asked whether police officers should be allowed to use physical force in response to verbal abuse, a very small number, only 7 percent, thought that this clear violation of current norms should be allowed.

Although a substantial minority ex- pressed the view that the police should be permitted to use more force, the overwhelming majority of the sample did not believe that officers do engage in an excessive use of force on a

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.1 Officers’ Attitudes Toward Limitations on Use of Force

It is sometimes acceptable

Police to use more Police Police are not force than department officers permitted is legally rules about should be to use as allowable to the use of allowed to much force control some- force should use physical as is often one who not be any force in necessary physically stricter than response in making assaults an required to verbal arrests. officer. by law. abuse. (N=912) (N = 912) (N = 915) (N = 920)

Percent

Strongly Agree 6.2 3.3 6.7 0.4

Agree 24.9 21.2 58.9 6.6

Disagree 60.5 55.2 32.3 67.6

Strongly Disagree 8.4 20.3 2.1 25.4

…[T]he…majority

…did not believe

that officers

...engage in

an excessive

use of force

on a regular

basis.

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Police Foundation

regular basis. A mere 4 percent thought that police officers regularly used more physical force than was necessary in making arrests (see Appendix A, a10). And almost everyone (97 percent) agreed that serious cases of misconduct, such as the Rodney King case in Los Angeles and the Abner Louima case in New York, are “extremely rare” in their de- partments (see Appendix A, a40).

Still, they did not give their fellow offic- ers a completely clean report. When asked about their perceptions of the behavior of officers in their own depart- ments, almost 22 percent of the weighted sample suggested that officers in their department sometimes (or often, or always) use more force than necessary,

and only 16 percent reported that they never did so (see Table 4.2). Although the large majority of respondents felt that it is inappropriate to respond to ver- bal abuse with physical force, almost 15 percent thought that officers in their department engaged in such behavior sometimes (or often, or always).

Code of Silence Some of the most strongly held and varied responses addressed the trou- bling area of whether officers should tell when they know that misconduct has occurred. The responses suggest the possibility of a large gap between attitudes and behavior. That is, officers do not believe in protecting wrong- doers; nevertheless, they often do not turn them in.

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.2

Officers’ Perceptions of Use of Force Behavior in Their Department

Police officers in your

Police officers department in [city] use respond to more force than verbal abuse necessary to with physical make an arrest. force. (N = 922) (N = 922)

Sometimes, Often, or Always 196 (21.7%) 137 (14.7%)

Seldom 581 (62.4%) 497 (53.5%)

Never 145 (16.0%) 288 (31.8%)

…[O]fficers

do not believe

in protecting

wrongdoers;

nevertheless,

they often

do not turn

them in.

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The Abuse of Police Authority

The survey shows that more than 80 percent of American police do not accept that the code of silence is an essential part of the mutual trust nec- essary to achieve good policing (see Table 4.3). However, about a quarter of the sample told us that whistle blow- ing is not worth it, and more than two- thirds reported that police officers were likely to be given a “cold shoulder” by fellow officers if they reported incidents of misconduct. A majority felt that it was not unusual for police officers to turn a “blind eye” to improper conduct by other officers (see Table 4.4). Even when it came to reporting serious crimi- nal violations, a surprising 6 in 10 report that police officers did not al- ways report serious criminal violations involving abuse of authority by fellow officers.

During the focus groups, officers re- sisted the notion of a code of silence, but agreed in the end that the code stands except in the case of criminal violations. For instance, one supervi- sor suggested, “I don’t think there’s a code of silence at all when we are talk- ing about criminal conduct. And if it is, those people are part of a criminal mind.” Another said, “I think that the wall of silence, as far as criminal things, is a thing of the past. I hear a lot of cops saying they are not going to lose

their house because of you.” However, they admitted that in individual cases, it is very difficult to betray fellow officers even when those officers are involved in criminal matters.

In the survey we presented several sce- narios involving misconduct, and we asked the officers a series of questions about the seriousness of the conduct, the consequences that should and would follow that conduct, and whether they or others in the depart- ment would report such conduct. In one scenario, “An officer has a hand- cuffed suspect sitting at his desk while he fills out the necessary paperwork. With no provocation from the officer, the suspect suddenly spits in the face of the officer. The officer immediately pushes the suspect in the face causing the suspect to fall from the chair onto the floor.” There was wide variation in perception of the offense’s seriousness, from 15 percent of the sample consid- ering it not serious at all to 16 percent considering it very serious (see Table 4.5). But would respondents report an officer who engaged in this behavior? Only 3 in 10 stated that they would definitely report. Even fewer, only 11 percent of the sample, thought that most officers in their agency would definitely report the offense.

…[M]ore than

80 percent

of American

police do not

accept that the

code of silence

is an essential

part of the

mutual trust

necessary to

achieve good

policing.

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Police Foundation

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.3

Code of Silence: Attitudes

An officer who reports another

The code of officer’s mis- silence is an conduct is essential part likely to be of the mutual given the trust necessary Whistle blowing “cold shoulder” to good policing. is not worth it. by fellow officers. (N = 905) (N = 904) (N = 908)

Percent

Strongly Agree 1.2 3.1 11.0

Agree 15.7 21.8 56.4

Disagree 65.6 63.5 30.9

Strongly Disagree 17.5 11.7 1.8

Code of Silence: Perceptions of Behavior

It is not unusual for a police Police officers officer to turn always report a blind eye serious violations to improper involving abuse conduct by of authority by other officers. fellow officers (N = 908) (N = 899)

Percent

Strongly Agree 1.8 2.8

Agree 50.6 36.2

Disagree 43.3 58.5

Strongly Disagree 4.4 2.5

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.4

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The Abuse of Police Authority

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.5 Scenario of an Unruly Suspect: “An officer has a handcuffed suspect at his desk while he fills out the necessary paperwork. With no provocation from the officer, the suspect suddenly spits in the face of the officer. The officer immediately pushes the suspect in the face causing the suspect to fall from the chair onto the floor.”

How serious do you consider the officer’s behavior to be? (N = 914)

Very Serious 135 (15.6%)

Quite Serious 188 (20.2%)

Moderately Serious 249 (27.3%)

Not Very Serious 201 (21.7%)

Not Serious at All 141 (15.3%)

Do you think you would report a fellow officer who engaged in this behavior? (N = 914)

Definitely Yes 262 (28.9%)

Possibly Yes 207 (22.6%)

Probably Not 254 (27.7%)

Definitely Not 191 (20.8%)

Do you think most officers in your agency would report a fellow officer who engaged in this behavior? (N = 908)

Definitely Yes 94 (10.8%)

Possibly Yes 270 (29.7%)

Probably Not 378 (41.3%)

Definitely Not 166 (18.3%)

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Police Foundation

Social Factors The question of the role of extralegal factors in law enforcement has long been a concern among criminologists. Although sociologists since the 1950s (Westley, 1953) have suggested that a citizen’s demeanor affects police be- havior, recently some authors have called into question the importance of being “in contempt of cop” and have argued for a more precise definition of the term “demeanor,” one that limits its meaning to verbal behavior (Klinger, 1994; Lundman, 1994). However, even with a more careful definition of terms, the consensus seems to have returned to the view that a disrespectful or hos- tile demeanor displayed by a citizen will affect the police-citizen encounter

and will increase the likelihood of an arrest (Klinger, 1996; Lundman, 1996; Worden and Shepard, 1996). Our sur- vey shows that police in the U.S. are almost evenly divided in their opinions of whether a police officer is more likely to arrest a person who displays what he or she considers to be a bad attitude. Some 49 percent of the sample thought that a bad attitude could affect the likeli- hood of arrest, while 51 percent dis- agreed (see Table 4.6).

Do other extralegal factors, such as whether citizens are African American or white, or poor or middle class, make a difference in the treatment they receive from the police? The crimino- logical literature is split on the extent

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.6

Perceptions of the Effects of Extra-Legal Factors on Police Behavior

Police officers are Police

A police more likely to officers are officer is Police use physical more likely to more likely officers force against use physical to arrest a often treat African force against person who whites better Americans poor people displays what than they and other than against he or she do African minorities middle-class considers Americans than against people in to be a and other whites in sim- similar bad attitude. minorities. ilar situations. situations. (N=917) (N = 914) (N = 916) (N = 918)

Percent

Strongly Agree 2.1 1.2 1.7 1.9

Agree 46.7 15.8 9.4 12.2

Disagree 45.1 57.8 55.6 57.9

Strongly Disagree 6.1 25.2 33.3 27.9

…[P]olice…are

almost evenly

divided in

their opinions

of whether a

police officer

is more likely

to arrest a

person who

displays…

a bad attitude.

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The Abuse of Police Authority

to which race affects everyday polic- ing (Mastrofski, Parks, DeJong, and Worden, 1998), the likelihood of being arrested (Tonry, 1995; Black and Reiss, 1970; Lundman, Sykes, and Clark, 1978; Smith and Visher, 1981; Smith, Visher, and Davidson, 1984; Worden, 1996; Lundman, 1996), and the use of exces- sive force (Adams, 1996; Worden, 1996; Reiss, 1971; Walker, Spohn, and DeLone, 1996; Ogletree, Prosser, Smith, and Talley, 1995). According to our sample, almost 2 in 10 police officers in the U.S. believe that whites are treated better than African Americans and other minorities (see Table 4.6). More than 1 in 10 said that there is more police violence against African Americans than against whites.

14 More-

over, 14 percent of the sample believed that police use physical force against poor people more often than against middle- class people in similar situations.

What were the police officers’ views of how the public perceives the police? More than 75 percent did not feel that “most people do not respect the police” (see Table 4.7). Put more positively, more than 75 percent of officers felt that most people respect the police. Indeed, 88 percent of police in our sample described the relationship between the police and the citizens in their locality as very good. However, more than half of our sample thought that the “public is too concerned with police brutality” (see Table 4.8), and more than 80 percent of police officers told us that the newspapers and TV in this country are too concerned with police brutality (see Table 4.8). As one officer in the focus group of police supervisors noted in regard to the media, “They are absolutely ruthless when it comes to police officers.”

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.7 Police Perceptions of the Public’s Attitude Toward the Police

The relationship between the

Most people do police and not respect the citizens in [city] police. is very good. (N = 924) (N = 923)

Percent

Strongly Agree 5.6 18.7

Agree 19.1 69.4

Disagree 65.2 9.9

Strongly Disagree 10.1 2.1

…Eighty-eight

percent…

described the

relationship

between the

police and

the citizens

in their

locality as

very good.

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Police Foundation

Supervisors and rank-and-file officers alike complained that they are judged on the sensational misdeeds of offic- ers from cities far away from their own. As one said, “We’re judged on Rodney King, Fuhrman.” Another officer put it this way, “And as far as the Detroit deal, yeah, we caught heat behind that; L.A., we caught heat behind that; and New York, yeah, we caught heat behind that.” Still another presented the mi- nority view that the media do treat them fairly, “Our department has a great deal of credibility and respect from the media.”

Departmental Response We polled the officers for their views of how their departments handle cases of abuse of authority. Officers in the sample overwhelmingly (93 percent) reported that their departments take a very tough stance on improper behav-

ior by police (see Table 4.9). And they overwhelmingly (94 percent) disagreed with the suggestion that investigations of police misconduct are usually biased in favor of the police.

When asked about the effectiveness of different institutional procedures for addressing abuses of authority, most people considered internal affairs units effective (79 percent), while a much smaller percentage (38 percent) con- sidered citizen review boards an effec- tive means for preventing police mis- conduct. This preference for internal review was consistent with views ex- pressed during the focus groups. One rank-and-file officer argued that law- yers and doctors police themselves so why shouldn’t police, “Who is on the bar association? Who is on doctors’ as- sociations? Doctors judging doctors; doctors policing doctors. We are special[ists]; we’ve got training; we deal

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.8

Perceptions of Media and Citizens’ Concern Toward Police Abuse

The newspapers and TV in this

The public is too country are too concerned with concerned with police brutality. police brutality. (N = 918) (N = 920)

Percent

Strongly Agree 13.4 36.0

Agree 41.6 44.2

Disagree 42.5 19.0

Strongly Disagree 2.5 0.8

Supervisors

and rank-

and file…

complained…

they are

judged on the

sensational

misdeeds of

officers from

cities far

away from

their own.

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The Abuse of Police Authority

with other people just like them. Why

are we different?” One supervisor sug- gested, “Internal affairs works. Civilian

review authority—as soon as you men-

tion civilian review, the knee-jerk re-

action is no way; yadda yadda, they

go on and on. If they only knew, civil-

ian review authority is nothing more than a toothless tiger. They’re easier on

cops than the departments are them- selves. Bottom line.” Another supervi- sor agreed, “I think internal affairs is more threatening because we’re police officers. We’ve all been out there. So we know how to play the game.”

Controlling Abuse Can leadership make a difference in preventing police officers’ abuse of

authority? American police overwhelm- ingly told us that leadership makes a difference. Eighty-five percent of the officers said that a police chief’s tak- ing a strong position against abuses of authority can make a big difference in preventing officers from abusing their authority (see Table 4.10). Policing scholars have long recognized the importance of the chief’s role. Skolnick and Fyfe (1993, p. 136) for example argue, “[T]he chief is the main architect of police officers’ street be- havior. This is so because the strength and direction of street-level police peer pressures ultimately are determined by administrative definitions of good and bad policing and by the general tone that comes down from the top.”

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.9 Departmental Responses to Abuse of Authority

Your police Investiga- Internal Citizen department tions of affairs units review takes a police are not boards are very tough misconduct effective effective stance on are usually means for means for improper biased preventing preventing behavior in favor police police by police. of police. misconduct. misconduct. (N = 921) (N = 914) (N = 910) (N = 872)

Percent

Strongly Agree 35.2 0.4 2.4 3.1

Agree 57.4 5.1 19.0 34.7

Disagree 6.6 72.4 66.2 48.4

Strongly Disagree 0.9 22.0 12.4 13.9

Eighty-five

percent…said…

a police chief’s

…strong position

against abuses

…can make a

big difference

in preventing

officers from

abusing their

authority