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Chapter 1 Police: The Essentials

Chapter 2 Historical Accounts of American Police

Chapter 3 Broken Windows, Fear, and Community Policing

Chapter 4 Modern Policing, Quality-of-Life Initiatives, and Privatization

Chapter 5 Local Police and Federal Enforcement Agencies

PARTFundamentals of Policing I

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“We must all work to create a culture of respect for the rule of law at home and abroad, where all members of the community respect the law and are protected and empowered.”

—Secretary General of the United Nations

�� LEARNING OBJECTIVES

When you finish reading this chapter, you will be better prepared to

• Describe American policing • Describe in what way the American police officer has changed • Characterize the rule of law • Describe the law of criminal procedure • Characterize police discretion • Describe mandatory arrest and its purpose • Characterize clearance rates and their implications • Describe street justice • Characterize the “broken windows” perspective • Define order maintenance as a police initiative • Describe the stereotypes about policing held by the public and the police • Explain the police–population ratio • Identify what Americans want and don’t want from the police1

�� CASE STUDY: YOU ARE THE POLICE OFFICER

You’re at your first police roll call. You’re a 23-year-old police officer who completed the 720 required hours of police training including 180 hours of field training and the ride alongs with your TO (training officer) over the past four weeks in another district. You’re excited about your first assignment. You’ve waited for this day most of your life and envisioned the day when you stood next to your desk in second grade at Marriot Elementary and told the class, “When I

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grow up I wanna be a police officer like my Uncle Charley.” Throughout your col- lege days, you remember the instructors who encouraged your dream and the few who thought you should go on to law school. Your mind was made up, though: Complete your internship at the police department, finish your criminal justice degree, take the civil service exam, and become a police officer so you could help people and put away the bad guys.

As the sergeant assigned officers to specific duties, the officers left ranks and exited to the police vehicles. After a while it’s just you and Serg, “What about me, Serg?”

“Oh yeah,” he says and rubes his narrow chin before he speaks. “You’re a week early. Sit in the squad room till I figure something out.” You feel embarrassed but ask, “Ah, where’s the squad room?”

“Rookies,” sang Serg, “you’re in it.” And repeats, “You’re in the squad room, kid.” An hour or so later when the Serg returns, he says, “We’ve got a youthful offender in holding tank. Take her to county and process her into the system.” Racing through your mind are all the techniques you learned at the academy about prisoner transportation, but you never thought that would be your first duty. Last night when you couldn’t sleep, you imagined that your first assignment would be to a young family who would seek your advice about their wayward child. Or maybe you would confront a shoplifter at Walgreens or help a mother find her lost daughter. You had to be prepared for anything—even a car crash and helping with emergency care. The state provided you with the power of arrest and use of force to ensure safety. You found the balance in your heart long ago when you accepted Uncle Charley’s ideals of “always doing the right thing.” You were always amazed how people respected him at church, in the mall, and at family gatherings. And now finding the balance between protector and enforcer should be easier.

You stop in your tracks, “Hey Serg, I ain’t no kid,” you say with a snicker, “but where’s the holding tank.” The Serg laughs and points to the second floor.

“Sign here”—the jailer pushes a form at you upon your arrival. “And remem- ber, the knife in this plastic bag must never leave your sight. Have county sign off on it when you get there.”

As you stare at the jailer, he explains, “Chain of custody, officer. If the evi- dence is tampered with, the DA can’t use it.”

You nod and the jailer flags you to the cell. At the end of the shift, you’re thinking about the events of your first shift. You

think about the mix-up at county when you delivered the prisoner: You weren’t even sure which door to use to escort her into the facility. She didn’t look like she’d own a knife let alone use it. You smiled recalling that the jailer called you, “officer”: that made your day!

1. Which events and circumstance in a child’s life might lead him or her toward a police officer’s career?

2. After all the training and supervision with a TO, why is there so much more to learn about policing?

3. In what way would balancing the powers of an arrest and use of force pro- vide safety?

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Introduction

In recent years, the United States has been caught up in events and circumstance that are as strange as they are confusing.2 Events and circumstance have altered the way Americans live, shop, and pray. Police practice and policy have changed, too. Today’s officer can be described as a protector and an intruder in the daily lives of the people they encounter, which is the focus of this book.3 The words of the Secretary General of the United Nations imply that above all others, police officers must work to create a culture of respect for the rule of law at home and in the communities where they are empowered.

Traditionally, generously funded academic researchers were often in a position to get the wrong impression about policing. Those misconceptions arose because police officers often cannot provide a full account—even to themselves—of what they see. As a consequence, in the past researchers wrote mostly for each other and themselves.4 For instance, researchers pointed to many police programs as being ineffective, such as drug awareness (DARE) programs. In reality, the inefficiencies identified in these stud- ies were more often closely linked to the researcher’s naiveté than to any flaw of the police programs, at least according to some of the most notable criminologists and practitioners.5

This book is written for students who want to learn about police and for those who wish to understand policing—one of the most important endeavors in the United States. The authors who have contributed to this work rise above flashing light icons to present policing for what it really is, rather than as what others think it should be. For that reason, this chapter offers the essentials of policing—the basic principles everyone needs to know. Before discussing officers, however, let’s talk about you.

Assumptions about You

More than likely, you are a criminal justice major or in a closely related academic disci- pline, or your present (or future) occupation is related to the justice profession. You probably completed an introductory course in criminal justice, or you may possess some practical experience in the criminal justice profession. However, even if you do not have those experiences, the stories offered in this book are presented in an uncom- plicated fashion, without frills or complexity. It is assumed that many readers currently hold or will hold influential positions in the justice community and will work to fur- ther the goals of democracy. This final thought has driven the completion of this book, which assumes that dedicated professionals want to continue to enhance policing and ultimately ensure public safety, but in an informed way.

Flow of This Book

This work is divided into four parts, which collectively go beyond the standard ways of transferring knowledge to bring the realities of the world of policing to life through theoretical links to real-world experiences, issues, careers, systems, and procedures.

• Part 1 introduces the fundamentals of policing, which include police history, accounts from ancient civilizations to early American police activities, tradi- tional strategies modeled after the English strategy, a metaphor that powers community relations strategies, and reasons and evidence-based findings sug-

Introduction 5

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gesting that police organizations should change to meet the challenges of this new century, particularly as they relate to making “quality-of-life arrests” in pub- lic spaces.

• Part 2 focuses on police organizations, describing their management, leadership, and police officer hiring and training.

• The centerpiece of Part 3 is day-to-day police work, including patrol, investiga- tions, strategies, and technological advancements.

• Part 4 explores the challenges of the twenty-first century, such as police subcul- ture, discretion, accountability, and officer stress.

Goal of This Book

In recent years, the challenges posed by terrorism, immigration, and a civil rights resurgence have changed the responsibility, character, and accountability of policing from that seen in previous decades. This timely work provides contemporary explana- tions and logical evaluations of modern-day policing. Its goal is to help you think for yourself, to understand, to imagine, to reflect, and to exercise good judgment associ- ated with the principal issues related to American policing. That is, the book is intended to provide relevant theoretical scholarly perspectives and practical police experiences to guide you toward making informed decisions about policing in this new millennium.

One concern that is evident in this book is its focus on “raising the bar” by offering fresh and creative ways to think about policing rather than resorting to the traditional reports and antiquated issues found elsewhere. For instance, the literature generally describes the public as “citizens,” which implies a status of citizenship. The relationship between local police and the public—regardless of an individual’s actual citizenship status—is protected through the Constitution. Therefore, it might be more appropri- ate to refer to individuals as constituents.

That said, why become a police officer?

Why People Become Police Officers

Many men and women who are attracted to policing are individuals who have wanted to be a “cop” since they were young.6 For instance, Sergeant Stephen Dicken- son of the Palm Beach Florida Sheriff ’s Department says, “This is always what I had in mind. [I wanted to be] a police officer since I was five.” Surveys conducted among

police officers consistently echo this view. In a study involving 558 police officers employed by various departments from Boston to Palm Beach, Florida, for example, 71 percent (398) of the participants reported that the reason they became police officers was that they wanted to do things for people—to contribute to the public good, to help. By contrast, only 22 percent (121) reported becoming officers so that they could “put away the bad guy.” 7

Some observers suggest that individuals want to be officers because of the authority, violence, and autonomy that go hand-in-hand with this job. While those desires could certainly be factors in the decision to become an officer, it is equally likely that some people might choose policing because it is

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comfortable (and sexy) to wear a uniform, officers are not confined to a desk or a cubical, and they meet different types of people on crowded roads, in fancy houses, and little itty- bitty businesses tucked off the road. Demonstrating the unlikelihood of thoughts of enforcing laws or using violence against others being a motivating factor, data show that authority and power are ranked ninth out of eleven variables among officers tested.8

According to studies, people chose policing as a career for the following reasons, given here in order from most to least popular:9

1. Help people

2. Job security

3. Fight crime

4. Excitement of the job

5. Prestige of the job

A deciding factor for some people who pursue police work is tradition. For instance, if a parent or member of an extended family was a police officer, then it might follow that their children would have an interest in this field, too. Joining the police might even provide a little edge in the family pecking order. Attraction to policing in comparison to non-police parent occupations also pays better, offers more and better benefits, and has more mobility.10

The National Center for Women and Policing reports that a police officer’s job may be described as follows:11

• Challenging. When police officers go to work, they never know what they will be doing that day. They could be taking reports of crimes, counseling a runaway girl, arresting a wanted person, helping an elderly or lost person, or any one of a thousand other things. There is certainly no routine in this job.

• Rewarding. If you like to help people, policing could be the job for you. Every day, police officers are called upon to assist people in a time of crisis. People often turn to police for the help and advice they need, and police can make a tremendous impact on their lives. You might help a young child avoid becoming a victim (or an offender). You might help people make their neighborhood a safer place. Every day, officers go home knowing that they have made a difference in someone’s life.

• Secure. Law enforcement jobs provide a great deal of security after police officers complete their probationary period. In addition to job security, the pay is good, the benefits are usually very good, and there is an excellent pension and well- established career ladder.

• Prestigious. Most people trust and respect the police. As an officer, you will earn respect as a person who enforces the law while protecting the freedoms guaran- teed by the U.S. Constitution.

Some individuals “drift” into police work because of a job opening or an announcement that a civil service examination will be held (discussed in Chapter 8).12

The civil service exam might also qualify individuals for one of many other municipal jobs, including probation officer, correctional officer, fire fighter, and emergency med- ical technician (ETM) jobs. (Note that for police officers, job security, pay, and benefits are determined by civil service rules and police unions.)

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What Officers Say about Their Jobs

According to Officer Julia Rico, Portland (Oregon) Police Bureau: “When I was a small child, there was a plane crash. I remember all the crying and confusion; I remember seeing the firemen and the police officers coming to the scene and assisting with the tragic event that had happened. Ever since, I wanted to be a police officer. . . . Every day there are people who I serve. If I can make somebody’s day a better day, then I feel good about what I’ve done, especially when I’m helping families and children. . . . [I] had made a commitment to myself that I wanted to work in a diverse community where I can help the most.”13

Officer Dana Lewis, Portland (Oregon) Police Bureau, adds: “I actually got into police work by accident. I was going to school full-time. I was an accounting major, and wanted to go to law school. I sought employment and a police officer’s position came open. I took the test and have loved it ever since.”14

Officer Marcus Neider, Wiscasset (Maine) Police Department, used to watch his friend’s father, a police officer, get ready for work. What little boy isn’t fascinated by all that police and fire fighters represent in our daily lives—courage, the shiny badge, sirens.15 As a youth, Neider met a Maine State Trooper when Neider became interested in helping out the fire department. The trooper was a member of the volunteer depart- ment. “I used to ride with him when I was about 16,” Neider says. “I saw what it was all about—how he related to people, how he knew what to do.” Those childhood experi- ences led him to pursue a career in policing.

Sergeant Robert Banks, Stanislaus (California) Sheriff Department, offers this anec- dote about one of his first service calls.16 During one week, Banks received five calls from a resident who was convinced that there were invisible aliens in his attic. Each time Banks arrived at the scene, he looked for signs of drug or alcohol abuse but found none. And each time he assured the resident that there were no aliens in his attic. The sixth time the man called and Banks arrived, he took his speed radar detector into the attic, explaining that it was actually an alien eliminator of sorts and that he had been instructed by high command to seek and destroy aliens that were in the man’s home. Carefully, Banks took aim in the attic and moved his weapon from one end to the other. “After about five minutes the special anti-alien radiation-emitting weapons had done its work and the aliens, I’m happy to say, had been destroyed. Weeping with grat- itude, the caller thanked me for saving him” and all of mankind, says Banks.17 Banks never heard from the caller again.

Notes Officer Jennifer Taylor, Lafayette (Louisiana) Police Department: “Some things in life bring you pleasure, some things bring you pain. Being an officer brings you both, but in a way that is fulfilling and life-changing. I had no idea when I started working for the LPD that my life would be so affected by the job. During field training, my first training officer told me that to be an officer you had to “have heart.” I didn’t understand what he meant exactly, but I would soon find out. Someone would ask, “What exactly do you do?” I would answer, “I take care of people; I take care of the good ones and I take care of the bad ones.” So, if you want a job that takes you not only physically but mentally to places you never knew, be an officer. I found out what it meant to “have heart.” It means to love the job, do the job right, and take care of those who need your help.”18

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Peter Kraska at Eastern Kentucky University says that the chance to strap on a vest, lock-and-load a semi-automatic weapon, and prepare for combat is for some people an exciting reason to join a police department—even if policing as a profession actually involves tactical practices most of the time.19 When an officer adopts this view, the dis- crepancy between what the police actually do and what they value can create conflict.20

In the final analysis, crime prevention is a by-product of effective control of crime.21

This thought is consistent with the views of Chief Bill Finney (St. Paul, Minnesota), who says that “We also recognize that sometimes, certain people must be policed.” 22

This is hardly a new thought linked to policing, of course. What is new are the faces of police department personnel.

The Changing American Police Officer

Watching police television dramas from the 1980s and 1990s, it’s easy to identify the officers because of their hairdos and tendency to be cigarette smokers. If a female offi- cer appears in the scene in one of these dramas, she is likely to appear in the back- ground. By contrast, in recent police television dramas, male officers have shaved heads, only actors who portray deviant persons smoke, and females and persons of color play leading roles in the action.

Sixty percent of departments hired new officers during the 12-month period end- ing June 30, 2003. Overall, approximately 35,000 officers were hired, including 29,000 entry-level hires and 5,000 lateral transfers/hires.23 One estimate is that 10 percent of those candidates failed in their first attempt at classroom training but ultimately passed this training, and 12 percent of the new hires in large agencies and 36 percent in small agencies are officers with previous experience.24

In 2003, there were approximately 452,000 local officers and 174,000 sheriff ’s deputies, or 626,000 total officers. Today’s officers are better educated, better trained, and more likely to represent ethnic or racial minorities than their counterparts from earlier eras. As shown in Figure 1–1, racial minorities accounted for 24 percent of local officers in 2003 (up from 8 percent in 1987) and 19 percent of sheriffs in the same year; female officers accounted for 11 percent of local police officers in 2003, up from 8 percent in 1987.25,26 Since 2000, 13 percent of new hires have been Hispanics (the largest minority in the United States).27

To better understand how changes in police hires are changing the profile of the American police officer, consider the example set by the New York Police Department. Over a ten-year period (1986–1996), this department’s white hires decreased by 13 percent, while black hires increased by 29 percent, Hispanic hires by 74 percent, Asian hires by 128 percent, and women hires (regardless of race) by 65 percent.28

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10 CHAPTER 1 Police: The Essentials

2003

1987

Local

3.4%

* Includes Asians, Pacific Islanders, American Indians, and Alaska Natives.

Female All Minorities Black or African

American

Hispanic or

Latino

Other* 0%

5%

10%

15%

20%

25%

Pe rc

en ta

g e

o f F

u ll-

Ti m

e Sw

o rn

P er

so n

n el

Figure 1–1 Female and minority local police officers, 1987 and 2003. Source: Bureau of Justice Statis- tics, Local Police Departments, 2003, NCJ 210118 (Washington, DC: Department of Justice, 2006), http://www.ojp.usdoj.gov/bjs/pub/pdf/lpd03.pdf.

Key Definitions: Foundations of Police Work

Although many of the following terms and issues will be described in depth in future chapters, building a foundation of key definitions related to policing at this point will serve you well. For instance, how would you describe American policing?

American policing is an organization empowered to maintain the rule of law whose members are provided with special legal powers to maintain public order and to solve and prevent crimes.29

Special legal powers of the police include the right to perform an arrest, search, seizure, and interrogation; and the right to exercise authority when necessary, including the use of lethal force, whether an officer is on or off duty. The word “police” has its ori- gins in ancient Greek philosophy referring to government or administration, from the Greek polis, meaning “city.” 30 The word “police” was later coined in France in the eigh- teenth century.

In a democratic nation such as the United States, the rule of law and the law of criminal procedure have been developed to regulate police discretion so that officers do not exercise their vast powers, which includes police discretion, arbitrarily or in a manner that represents an unjust intrusion into the private affairs of Americans.

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Key Definitions: Foundations of Police Work 11

Rule of law is the principle that no one is above the law and that government authority is legitimately exercised in accordance with written, publicly dis- closed, adopted, and enforced laws in accordance with an established proce- dure that can be described as due process (discussed in Chapter 10).

The purpose of the rule of law is to safeguard individual privacy against arbitrary gov- ernment intrusion. The significance of this statement was recognized by the framers of the U.S. Constitution and the Bill of Rights and modern-day proponents acknowledge that the rule of law is intended to limit and guide government intervention.31 An orderly demo- cratic society can only be governed by established principles and known regulations that apply uniformly and fairly to every member of its population. The public legally, morally, and financially provides the vehicle through which government—including the criminal justice system—serves and protects constituents. As a consequence, the means used to pro- vide governmental services must be held to a higher standard and comply with the rule of law.32 In a democracy, the welfare of the public takes precedence over government services and objectives. Finally, the rule of law is a core value of the federal judiciary: “[O]ur nation accepts as its ideal that we are governed by the rule of law, which stands in opposition to the personal rule of one individual or body of persons.” 33

Law of criminal procedure is composed of rules governing the series of proceed- ings through which the substantive34 (defines how the facts in the case will be handled as well as how the crime is to be charged) criminal law is enforced.35 State constitutions may change, but they cannot take away from federally mandated protections. Criminal procedure must balance the defendant’s rights and the state’s interests, for instance, by providing for a speedy and effi- cient trial characterized by a desire for justice. The rules of criminal procedure are designed to ensure that a defendant’s rights are protected.

New recruits learn the norms and expectations of their peers through the police subculture beginning from the first day of police training (see Chapter 13 for details).

Police subculture comprises the learned objectives, shared job activities, simi- lar use of nonmaterial and material items, and veteran officers who act as gatekeepers (as opposed to supervisors) and who transmit job obligations, responsibilities, and expectations of the job.

Shared material items include uniforms, equipment, technology, and vehicles. When officers make decisions during the course of their jobs, such as whether to make a “stop” or an arrest, and how to behave, those decisions are most often influenced by their peers—that is, the police subculture. Officers band together to make sense of their experiences and to protect themselves from the uncertainties of the job, which includes the organizational structure and their supervisors. A police subculture enables

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a wide variety of police activities both on the job and off the job. It links together the experiences of officers for the following purposes:

• To help officers make sense of those experiences • To provide justification to continue police work • To help officers balance the inconsistencies of the organization and the job36

Some refer to police subculture as a support group for its members. The police organization has little, if any, control over this subculture—a critical issue given that police subculture can be the most influential factor when deciding which action to take or how much police discretion to use.

Police discretion implies that officers make decisions about their conduct when they intrude in the privacy of others (see Chapter 13 for more details).

Police discretion can be characterized as the freedom to act on one’s own choices. Although the law legitimizes the police officer’s power to intervene, it does not—and cannot—dictate the officer’s response in every given situa- tion.37

Discretion does not mean simply acting as an officer pleases: Police performance is always bound by procedural guidelines, norms, ethics (professional norms and ethics, community norms, legal norms, and moral norms), and situational and contextual factors. Of course, the department cannot possibly develop a procedure for every sce- nario confronted by an officer, so the officer must make a reasonable and legal choice about how to respond. Discretion has also been described as the “hole in the doughnut” (doughnut theory of discretion) and “where the law runs out” (natural law theory). According to this perspective, discretion is envisioned as the empty area in the middle of a ring consisting of policies and procedures.38

Officers can exercise discretion in choosing the most appropriate disposition in a given situation. For instance, officers who encounter an irrational person creating a disturbance have five choices:

1. Transport the individual to a hospital

2. Make an arrest

3. Resolve the matter informally

4. Call for mental health assistance

5. Walk away

A mandatory arrest or pro-arrest policy may limit police actions.

Mandatory arrest implies that an arrest is mandated and, therefore, must be made under certain circumstances, such as when officers intervene in domes- tic violence. Such a policy eliminates police discretion and requires an arrest in all cases where officers have probable cause to believe that an act of domestic violence has occurred.39

12 CHAPTER 1 Police: The Essentials

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Key Definitions: Foundations of Police Work 13

Nationally, a movement has been established favoring mandatory arrest or proac- tive arrest and (often linked to a no-drop policy, which means that the victim cannot drop the case, the case proceeds even if the victim does not wish to testify, or automatic prosecution or counseling) practices linked to domestic violence intervention (more on this topic in Chapter 9); such policies are typically intended to counteract the arrest avoidance practiced by the police in the past.40 In a sense, a mandatory arrest policy limits officer discretion—but it also serves to protect the rights of those victimized, and has the potential to enhance their rights and, thereby, the freedom of those who are battered.

Clearance rates refer to the frequency crimes are “cleared” by police making an arrest. For instance, the Bureau of Justice Statistics reports that the average U.S. homicide rate for the years 1976–2004 was 7.9 victims per 100,000 population, giving a clearance rate of 64 percent.41 The Uniform Crime Reports (UCR), which tabulates data on reported crimes, is compiled annually by the FBI and is used to determine clearance rates.

Clearance rates, as defined by the UCR program, are identified as situations in which a law enforcement agency reports that an offense is cleared by arrest, or solved for crime reporting purposes, when at least one person is

• Arrested, • Charged with the commission of an offense, and • Turned over to the court for prosecution (although such a clearance does not

necessarily mean a conviction for the person charged with the crime).42

To qualify as a clearance, all of the conditions listed above must have been met. In its calculations, the UCR program counts the number of offenses that are cleared, not the number of arrestees. Therefore, the arrest of one person may clear several crimes, and the arrest of many persons may clear only one offense.

Crimes that are reported tend to be discovered at different rates. For example, the Fed- eral Bureau of Investigation (FBI) provides a graph to help better identify “known” crimes that end in an arrest (Figure 1–2).43 In 2006, 44.3 percent of all violent crimes and 15.8 per- cent of all property crimes in the United States were cleared by arrest or exceptional means. Of the violent crimes of murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault, murder had the highest clearance rate—60.7 percent of offenses cleared. Most of these crimes had been investigated by an investigative unit. Unfortunately, clearance rates now appear to be declining. It is reported that crimes are growing faster than arrests for specific crimes, such as sexual assault. However, the attitudes of the people in a jurisdiction can impact reported crimes and arrest rates.44

Street justice can be described as unlawful police behavior such as the use of unnecessary force when officers deem the response of the authorities such as the courts to be insufficient. Street justice can refer to officers ignoring due process by adminis- tering punishment which can be characterized as “vigilante justice” or retaliation. Alternatively, it can be seen as a way in which an officer restores the peace by choosing tactics that the officer, rather than the rule of law, deems appropriate.

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14 CHAPTER 1 Police: The Essentials

0 10 20 30 40 50 60 70 80

Murder

Forcible Rape

Robbery

Aggravated Assault

Burglary

Larceny−Theft

Motor Vehicle Theft

Violent crime

Property crime

60.7

40.9

25.2

54.0

12.6

17.4

12.6

Figure 1–2 Percentage of crimes cleared by arrest or exceptional means, 2006. Source: Federal Bureau of Investigation, Crime in the United States, 2006 (Washington, DC: Department of Justice, 2008), http://www.fbi.gov/ucr/cius2006/offenses/clearances/index.html.

Street justice is police response to a community mandate that something be done about situations in which formal institutions cannot or will not respond for a variety of reasons.45

As discussed earlier, the existence of police discretion reinforces the notion that deci- sions of officers “to intervene, arrest, use force, or issue traffic citations are primarily a func- tion of situational and organizational factors that reflect interpretations of community needs and expectations by the police.” 46 As part of this role, officers provided informal peacekeeping services, compensating for the general failure of local governments to pro- vide quality economic programs brought about by the urbanization in a market-based society. One way to think about street justice is to think about reform and quality-of-life issues, which are an important mission associated with the order maintenance paradigm.

Police Initiatives: A Prisoner in One’s Own City

Police policy in New York City and every other jurisdiction is influenced by the broken windows perspective (explained here and in Chapter 3), as advanced by George L. Kelling and James Q. Wilson.47 Kelling and Wilson argued that New Yorkers had lost control of the city’s public spaces: “When you couldn’t make a wrong turn without your car getting shot up, when you couldn’t go by a park and give a drug dealer a side glance without being intimidated and threatened, things were out of control.” 48

Kelling and Wilson described their observations by using a broken windows metaphor, implying that criminals would rather break into a home (or a neighborhood) that was poorly maintained than attempt to burglarize a well-maintained home (or neighborhood).49 According to this theory, the guy who successfully jumps the subway gate (turnstile) and gets a free ride assumes that no one cares about his behavior and, therefore, decides that he can commit bigger crimes without fear of apprehension, too.

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Police Initiatives: A Prisoner in One’s Own City 15

So, the thinking goes, arrest the thug and crime rates will fall. Take back public spaces with an aggressive arrest policy and quality of life—in areas both big and small—will improve.

The broken windows perspective implies that order-maintenance problems such as graffiti, cruising, fare jumping (not paying) transit fares, public drunken- ness, and loitering, among other mundane forms of public disorder, are per- ceived by criminals as an invitation to commit other crimes, including serious crimes; the likelihood of being apprehended or even stopped by the police or community members from committing serious crimes in this environment is perceived as nonexistent.50

The framework for their initiative was conceptualized as the idea of rebounding from the “downward spiral of urban decay,” a theory advanced by Wesley G. Skogan.51

One idea that was extracted from the broken windows perspective was the notion that aggressive policing in the form of proactive strategies such as zero tolerance, Compstat, and decentralized command (see Chapter 4) would improve quality of life and lower crime rates. In New York City, a new tax surcharge enabled the training and deploy- ment of some 5,000 new police officers, police decision making was devolved to the precinct level, and a backlog of 50,000 unserved warrants was cleared.

As part of this aggressive and proactive attempt at order maintenance, the New York City Police Department (NYPD; under the leadership of Mayor Rudolph Giuliani) also implemented Compstat. The objective of this computer database–driven approach to policing is to control crime and to make command accountable for their response to it.

Compstat (“computer comparison statistics”) enables police to identify trouble spots and target the appropriate resources to fight crime strategically. Comp- stat includes information on victims, times of crime occurrence, and other crime-specific details that enable officials to spot emerging crime patterns. The result is a computer-generated, citywide map illustrating where and when crime is occurring. With this high-technology “pin-mapping” approach, police can quickly identify crime-ridden areas and fashion a comprehensive response.52

After NYPD implemented this program, rates of both petty and serious crime in the city fell significantly. It could be argued that the city’s proactive aggressive police zero-toler- ance rollout was part of an interlocking set of wider reforms, crucial parts of which had been under way for many years. Overall, the quality-of-life initiative produced between 40,000 and 85,000 additional adult misdemeanor arrests per year in New York during the period 1994–1998, and an even greater number of stops and frisks during a period of sharply declining crime rates.53 Mayor Michael Bloomberg, in the first decade of the twenty-first century, has picked up where Giuliani left off in the twentieth century and continues to support this aggressive policing approach.

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16 CHAPTER 1 Police: The Essentials

Record-setting drops in homicide rates were experienced in New York from 1990 to 1998, and the number of homicides fell dramatically over the same span—from 2,245 (the most ever recorded) to 633.54 Despite these gains, numerous lawsuits were filed against the NYPD during this period, and Giuliani eventually fired Chief William J. Brat- ton. It was learned that thousands of NYPD’s finest habitually avoided radio calls, leaving a small cadre of no more than 20 percent of the working officers to respond to emergency calls.55 Giuliani has said that the best way to win the war on crime is to take the offensive, rather than defensive, and adds that police departments should collect data and institute zero-tolerance strategies citywide.56 However, New York’s police action—especially zero tolerance—has been criticized because of its punitive approach to maintaining law and order, which makes little or no reference to negotiating acceptable public behavior in the neighborhood, ignores the rights of constituents, and limits police discretion.

Zero tolerance includes strategies that allocate additional resources so as to combat identified crimes or indicators of crime in a particular geographical location such as the subways in Manhattan or the highways in Iowa. When this strategy is employed, officers must follow a specific protocol such as conduct- ing an arrest for petty violations which usually are determined by police discre- tion. Zero tolerance is designed to prevent antisocial elements from developing to serious crimes.57

In July 1994, New York City implemented order-maintenance strategies that empha- sized proactive and aggressive enforcement of misdemeanor laws against quality-of-life offenses such as graffiti writing, loitering, public urination, public drinking, aggressive panhandling, subway fare evasion, prostitution, and harassment by “squeegee men.” 58

According to Giuliani, the idea behind this program was simple: “Don’t let the small guy get away with his wrong-doing; it only encourages him, and others, to do worse.” 59 His crime prevention hypothesis (embodied by the zero-tolerance policing strategy) is that the more arrests police make for every petty disorder, the less serious crime there will be.

Order maintenance (also called proactive general police duties) comprises strate- gies that contribute to social control through the rule of law for the purpose of enhanc- ing quality-of-life experiences of the constituents whom the police are sworn to serve and protect. In large part, order maintenance is a broadened response to routine events, crime prevention techniques, and protective methods of policing when circum- stances merit those measures, such as after waves of traffic accidents, increases in criminal victimization, and catastrophic (terrorism and hurricanes) events. This topic will be covered in depth in Chapters 3 and 9. For now, simply recognize that order- maintenance initiatives—like most police strategies—have been in a state of flux and have evolved in many ways from the 1990s to the present.

Order maintenance policing refers to intensified policing of disorder or incivili- ties; it includes policies such as zero tolerance (automatic arrest) and domes- tic violence arrest mandates. Arrests under such programs are referred to as quality-of-life arrests because of their association with the broken windows perspective.60

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What Is a Police Officer? 17

Police intrusion at mundane levels is linked to the frequency of public nuisances in public spaces, it is believed, and it can bring policing closer to its mission of ensuring public safety and protecting the freedoms of those preyed upon or victimized, as spec- ified by regulatory mandates.61 Although police must perform law enforcement duties, they must also “help constituents develop their claim over the local territory, back them up, and assist them in dealing with neighborhood problems” as part of their sec- ondary task of improving quality of life.62 The potential for private power and for vic- timization of others can dramatically affect quality-of-life standards; as such, quality-of-life arrests are one way to begin “taking back the streets.”

The Newark (Delaware) Police Department (NPD) made a commitment to main- tain quality-of-life standards through a strict arrest policy that was designed to coun- teract any deterioration of those standards.63 Its order maintenance policy regarded “cruising” as a general nuisance, for example, because it threatens quality-of-life stan- dards for community residents. Cruising is defined as repetitive, unnecessary driving of motor vehicles in the downtown area. Newark’s code states that it is unlawful for the person having care, custody, or control of a motor vehicle to drive it past the same point three or more times within a two-hour period between the hours of 8:00 P.M. and 4:00 A.M.; the minimum fine for cruising is $25.00 for the first offense. Most often, order-maintenance initiatives include measures designed to appease “cuff ’m and stack ’em” (i.e., arrest and jail) advocates, and these strategies can often include zero- tolerance strategies.

Uniformed police officers, in particular, perform order-maintenance duties designed to enhance quality-of-life standards—for example, regular patrols, direct traffic, conduct stops, and emergency services on roadways and in homes. They also respond to emergency 911 calls for services such as assistance in cases involving domestic violence.64 In fact, approximately two-thirds of all calls for police service involve order-maintenance activities (e.g., arguments, fights, medical emergencies, or public nuisances).65

Ultimately, police are tasked with two types of duties: (1) preserve the “general good” and (2) protect the public from victimization, which includes protection from others and themselves, events, and an arbitrary intrusive government. In recent years, however, order-maintenance practices have changed from the models followed in the latter part of the twentieth century. Nevertheless, the idea of aggressive, yet informed police practice to enhance quality-of-life standards remains the core of modern-day policing strategy (see Chapter 4).

What Is a Police Officer?

Every state and most municipalities or jurisdictions provide a legal definition of a police officer in their official state code. For instance, a representative description is provided by the state of Pennsylvania: A police officer is any person who is by law given the power to arrest when acting within the scope of the person’s employment.66 The code of the city of Davis, California, explains it this way: A police officer is any officer of the police department of the city, or any officer authorized to direct or regulate traf- fic or to make arrests for violations of traffic regulations.67

A key component of any such description is the idea that police officers are peace officers who are fully empowered by the state in which they are employed. That is, police officers are sworn to uphold the laws of the state and the jurisdiction by which they are

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18 CHAPTER 1 Police: The Essentials

employed, and their powers include the ability to conduct an arrest (take an individual into custody), the legal right to use appropriate force, and within limits, the ability to detain suspects. Specifically, police officers are provided with the moral and legal justifi- cation to use police power, which encompasses detainment and use of force practices.68

Most recruits participate in approximately 720 hours of basic training before they engage in unsupervised interactions with the public.69 (Chapter 8 covers training requirements in depth.) There are approximately 626 state and local police academies across the United States. Once on the job, police officers must participate in in-service training on a regular basis, such as yearly weapons handling and target certification.

Police Responsibilities

People depend on police officers and detectives to protect both lives and property.70 In addition to order maintenance and law enforcement responsibilities, and as a conse- quence of the September 11, 2001, police have taken on major homeland security responsibilities as well.71 These duties include conducting stepped-up surveillance of airports, government buildings, mass-transit systems, and other potential terrorist tar- gets. Police also have new intelligence duties designed to foil terrorist attacks before they occur. Finally, agencies must be ready to respond to possible attacks utilizing chemical, biological, and other unconventional weapons.

According to Police Commissioner Charles Ramsey (Philadelphia Police Depart- ment), the police stand between anarchy and lawlessness.72 Others have observed that countries outside the United States might have less anarchy and government corrup- tion if the human rights of their populations were safeguarded through professional police initiatives. Serving as brakes on their power, which might otherwise run unchecked, U.S. police are accountable to the communities they serve, the taxpayers who pay their bills, and the legal orders governing their authority.73

Despite the clearly huge responsibilities taken on by the police, many people do not have a true picture of what modern policing is all about. Indeed, many myths per- sist about police among both the general population and officers themselves.

Stereotypes about the Police

There are many stereotypes about the police held by the public and the police themselves.

Public Stereotypes

The public’s perceptions of police work, as compared to the actual experiences of police officers, are incredibly exaggerated as a result of the distortions and reinforce- ment offered by the media (e.g., television dramas, news reports, and advertisements). Although surveys show that the public tends to highly rate the honesty and ethics of the police,74 the consensus is that the public wants the police to change, but they can- not agree about precisely what should be changed.

For example, when 2,010 community members residing in eight jurisdictions across the United States (from Alexandria, Virginia, to Sacramento, California) were surveyed, almost one in five participants characterized police performance as intimi- dating and frightening.75 Most of the survey respondents felt unsafe in their neighbor- hoods and only a few, depending on their race, felt safer than they had a year previously. This finding is consistent with studies that show the fear of crime is greater than the actual crime rate. Thus it is safe to conclude that one of the major distorted

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What Is a Police Officer? 19

views held by the public is a mythical fear of becoming a victim of crime.76

Furthermore, if they are victimized, they are not confident in how the police will deal with their victimization.

That said, the gross lack of knowledge by the public about police work implies that the public tends to report fewer crimes and provide less aid to police in solving those crimes that are reported. That perception is consis- tent with crime data collected by the FBI and published in the UCR.77

Public opinion levels related to the police have remained somewhat sta- ble over time, other than experiencing occasional fluctuations produced by local and international events, such as the terrorist attacks of September 11. Yet, significant differences are reported among different socioeconomic, racial, and ethic groups. For instance, lower-socioeconomic-class black communities are less satisfied with police services than are middle-socioeconomic-class black and white communities, and immigrants have less confidence in police services (probably because immigrants are uncertain as to the services provided) than do individuals born in the United States (Table 1–1).78

TABLE 1–1 Reported Confidence in the Police

How much confidence do you have in the police—a great deal/quite a lot, some, or very little?

Great Deal/Quite a Lot Some Very Little None*

National 64% 26% 10% †

Sex

Male 64 25 10 1

Female 64 26 10 †

Race

White 70 22 8 †

Nonwhite 43 39 17 1

Black 41 46 13 0

Age

18–29 years 61 19 19 1

30–49 years 62 27 10 1

50–64 years 68 30 5 0

65 years or older 71 24 5 0

(Continues)

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20 CHAPTER 1 Police: The Essentials

TABLE 1-1 Reported Confidence in the Police (Continued)

How much confidence do you have in the police—a great deal/quite a lot, some, or very little?

Great Deal/Quite a Lot Some Very Little None*

Education

College postgraduate 66 30 4 †

College graduate 72 22 5 0

Some college 61 28 11 †

High school graduate or less 64 23 12 1

Income

$75,000 or more 69 25 5 1

$50,000 to $74,999 70 21 9 0

$30,000 to $49,999 60 30 9 1

$20,000 to $29,999 57 31 12 0

Less than $20,000 60 19 21 0

Community

Urban area 60 28 11 1

Suburban area 64 25 10 1

Rural area 69 24 7 0

Region

East 62 24 14 †

Midwest 68 25 6 1

South 63 28 9 0

West 65 25 10 †

* Response volunteered. † Less than 0.05 percent.

Source: Table 2.12 in Bureau of Justice Statistics, Sourcebook of Criminal Justice Statistics 2003 (Washington, DC: U.S. Department of Justice, 2005), 113; http://www.albany.edu/sourcebook/pdf/t212.pdf.

Police Officers’ Views of Themselves

The self-image of an officer usually falls somewhere in between how police are portrayed by the media and how the public views those portrayals. During encounters with the public, officers may run head-on into the public’s media-influenced stereo- types of police and reinforce those perceptions, with the end result challenging both the self-image an officer holds and the legitimacy of policing as an institution. Accord- ing to Sam Walker and Charles Katz, the “sharp contrast between the crime-fighting

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What Is a Police Officer? 21

imagery of the police and the peacekeeping reality of police activ- ities was one of the first and most important findings of the flood of police research that began in the 1960s.” 79 Furthermore, even though the police perform an increasingly wide range of functions (as explored in Chapter 3), it is crime control that remains upper- most in the minds of both the police and the public when they think about the role of the police. In reality, despite the widely held perception that the police spend the majority of their time detecting and apprehending offenders, crime control activities generally occupy less than 25 percent of police officers’ time.

Nonetheless, some officers eventually become cynics and adopt an “us versus them” attitude. Cynicism does not necessarily translate into inappropriate behavior, but it can be one sign of a burned-out officer. Officers who concentrate on cynicism, at an extreme, might withdraw from their job and family members.80 One source of cynicism is forged through the perceptions of disrespect that result from interacting with many violators. Feelings of disrespect have consequences, as described later in this chapter.

Each officer develops his or her own style of performance, influenced by both pub- lic perceptions of officers as peacekeepers and police subculture (as explained in Chap- ter 13). Fact is, the expectations held by the public form the core of police legitimacy—and that legitimacy provides the police with the power (and a budget) needed to exercise their order-maintenance strategies.81 The public and government agencies, including the judiciary, frequently challenge the legitimacy of police author- ity, which has emerged as a major problem in the twenty-first century.82

How well does an officer’s self-image hold up to these legitimacy discrepancies, and in what way do these discrepancies affect the performance of the officer? One answer could be that police officers redefine a rationale for their experiences that is closer to what is suggested by media accounts than to what their job actually is. What the “job” produces for most police officers—other than the satisfaction of helping others and putting away the bad guy—is stress. Indeed, stress is a major occupational hazard for many officers. “The effects of stress—low morale, high turnover, absenteeism, and early death . . . exact a high cost from officers, their fam- ilies, and their agencies.” 83 Stress and its effects on police officers are discussed in depth in Chapter 15.

Some officers see themselves as a person who has been transformed from the indi- vidual he or she once was to a completely different person after years spent in police work—specifically, a mechanical bureaucrat.84 How many officers might describe themselves as a “government drone”? One survey revealed that 20 percent of U.S. offi- cers see themselves as “just going through the motions.” 85 Too many officers go through the work week with the goal of just getting to retirement, while doing little to further the police mission of “serving and protecting.” Perhaps not surprisingly, then, survey results reveal that officers who don’t take the job seriously enough are the num- ber one pet peeve of most officers.86

One study found that six of every ten members of the U.S. public rate the honesty and ethics of the typical police officer highly.87 In other words, most officers respect others and the rule of law. Nevertheless, some members of the public hold a different view of the respect that should be accorded police, and part of that attitude is forged through misperceptions of police characteristics and roles.

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22 CHAPTER 1 Police: The Essentials

Consequences of Inappropriate Stereotypes of the Police

Some officers feel that the public holds a negative view of the police.88 Public respect relates to public trust:89 If the public does not trust the police, then one way to demonstrate those feeling is by refusing to report crimes, providing less funding for police operations including equipment and training, and curtailing police power by subjecting police to more civil liability (law suits, discussed in Chapter 14) actions.90

For their part, members of police organizations may hold thoughts and advocate policies related to policing that actually escalate public disobedience. Ideally, of course, police will follow the lead of departments that have attempted to do the right thing toward meeting their mission. For instance, the Boston Police Department (BPD) set the standard for public order maintenance at political protests and large demonstrations.91

The traditional approach to managing large demonstrations was for the police to arrive in full riot gear. The BPD learned that this approach could be a self-fulfilling prophecy; that is, instead of defusing a situation, riot-geared officers may escalate the danger. Recogniz- ing this fact, the BPD developed a three-tiered approach that called for escalating riot and special event deployments as circumstances warranted. Under this approach, fully outfit- ted Public Order Platoons were used only as a last resort and staged out of view of the public until needed. This strategy was employed successfully at the National Democratic Convention in Boston in 2004 and other events throughout the city.

Stereotypes and Realities of Policing

Stereotypes linger as to why an individual wants to become a police officer despite an applicant pool shortage (see Chapter 8 for more detail). One stereotype is promoted through popular television dramas depicting a James Bond wanna-be driving casually through an emerald city on a summer day in a yellow muscle-car. His smartphone is connected to a strange-haired lab freak, who tracked a stuttering suspect who had pur- chased a Snickers bar at a dilapidated pharmacy across town. Lab girl, with a single swipe, pushes her hair out of her eyes and informs Bond, “After retrieving a curious candy wrapper wedged in an abandoned vehicle miles from the shining domed metropolis, I have an address for you.”

Fade to reality: Officers work (see Chapter 9) rotating shifts. Their time is spent on patrol, and they provide an array of police services at private and public places. Some- times they’re bored. At other times they ask why they became officers after seeing the horrific consequences of people’s reckless behavior. They work in cars, on foot, while peddling bikes, mounted on horses and motorcycles, standing in watercrafts, or seated in an aircraft of some type (see Chapter 9) often making places safe while putting themselves at risk.

Legitimacy of the Police

As mentioned earlier, community respect toward the rule of law and community perception of police legitimacy provide the power and budget that enable a police agency to deliver quality police services, assuming the agency has the capability and motivation to do so. For instance, as noted at the beginning of this chapter, the Secre- tary General of the United Nations recently reported that all countries should work to develop more respect for the rule of law; doing so, he said, would both protect and empower constituents. Put another way, “For policing in a democratic society to be effective, it must be considered legitimate by the vast majority of the people.” 92 Police must be seen as having the “right” to exercise force. If a police agency does not have

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Costs of Policing 23

legitimacy, then it must operate by the use of brute force.93 The public will perceive police as professionals and comply with their directives when the police exercise their legally mandated prerogatives such as discretion and use of force as objectively as cir- cumstances permit.94 That is, police agencies must be perceived as performing “judi- ciously” during public intrusions.

Judiciously means sensibly and wisely—showing wisdom, good sense, or dis- cretion, often with the underlying aim of avoiding trouble or waste.95

When police practice judiciously meets community standards, the community is generally satisfied and most community members attempt to comply with standards and the directives of the police. Simply put, the community will support the police when the community believes that police ideals mirror their own ideals. The greater the legitimacy of a police agency, the fewer the number of violators and the less coer- cion or force required on the part of officers to maintain social order.96 How the police do their job (i.e., their style) is far more important to their status than whether they apprehend the bad guys.

Police professionals do not control police policy, yet are assigned the responsibility of management and setting day-to-day directives to mirror that mandated policy.97 A compelling argument might be made that police policy, in a democratic society, right- fully belongs outside the control of those who perform the police function. Indeed, policing is being reconstructed worldwide—a trend that has the following distinguish- ing features:98

• The separation of those who authorize policing from those who do it • The transference of both functions away from government

To understand what is happening to policing, it is essential to distinguish the way in which policing is authorized from the way in which it is provided. Because police have a monopoly on the use of force and detainment power, if they established the laws linked to use of force and detainment, what could happen? Who would guard the guardians?99

Compliance with Legal Authority

Constituents comply with police requests in 80 percent of all encounters especially if individuals understand police behavior to be judicious. Other factors affecting com- pliance rate are the nature of the incident, the behavior of the officer, and the condition of the constituent. However, constituents are less likely to comply with officer directives in the following circumstance:

• The officer is too authoritative or disrespectful. • The encounter occurs in a private place.

Costs of Policing

The costs of policing in the United States were estimated at $40 million per month in 2001, an amount that included funding all federal, state, and local police personnel.100

Eighty-five percent of that total related to salaries for state and local police personnel, whose number includes 1.3 million employees. In 2003, local police departments spent

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24 CHAPTER 1 Police: The Essentials

about $93,300 per sworn officer or $200 per resident to operate for the year.101 Sheriffs’ offices spent about $124,400 per officer or $82 per resident for the year.

On average, larger municipal police departments employ 22 full-time sworn per- sonnel per 10,000 residents.102 County police departments and sheriffs’ offices employed an average of 11 and 10 officers per 10,000 residents, respectively. State law enforcement agencies employed an average of 2 officers per 10,000 residents.

U.S. Attitudes Toward Police Services

What Americans Want from the Police

The best description of Americans’ expectations for police in the twenty-first century is probably “ensuring public safety.” Public safety can include the professional behavior of the police during the following tasks:103

• Enforcing laws—the role of officers as crime fighters, even though officers spend a lot of time at court, preparing paperwork, and responding to mundane service calls such as dealing with noise complaints and false alarms.

• Providing services—directing traffic, administering emergency medical services, and conducting search and rescue operations at disaster scenes.104

• Preventing crime—initiatives such as community relations and problem-solving strategies.

• Preserving the peace—defusing (as opposed to escalating) danger and improving quality-of-life services associated with controlling public spaces by effectively neutralizing public disorder that place the community at risk (e.g., public drunkenness, urination, and loitering).

At the extreme, the role of police in a democracy should highlight their stature as public servants.105 That is, we the people, through the Constitution, represent the per- manent rulers, and police are agents of the state who are paid to do the job the public wants them to perform.

What Americans Do Not Want from the Police

Americans do not want police services provided at the expense of personal liberty. That preference was confirmed by researchers who interviewed a cross section of com- munity activists and conducted a survey of 400 residents as part of a lawsuit. The law- suit, which resulted in a federal decree, had alleged that “there is a pattern or practice of conduct by law enforcement officers of the Pittsburgh Bureau of Police that deprived persons of rights, privileges, and immunities secured and protected by the Constitu- tion and the laws of the United States.” 106 As part of the settlement, the Pittsburgh police were instructed to make comprehensive changes in oversight, training, and supervision of officers. Among the key elements of the decree was a requirement that the Bureau develop a computerized early-warning system to track individual officers’ behavior; document uses of force, traffic stops, and searches; and provide annual train- ing in cultural diversity, integrity, and ethics.

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Summary 25

RIPPED from the Headlines

Officers Who Became Off-Duty Victims of Violence

Those who knew Clifton Rife II had nothing but the utmost respect for his abil- ities and the way he conducted himself. A 13-year veteran of the District of Columbia Metropolitan Police Department, Sergeant Rife, 34, was a hard- working officer who had no fear of the streets. Assigned to the prostitution unit, he was “head and shoulders above any other candidate who applied” for the position, said Commander Hilton Burton.

Sergeant Rife was off-duty when he was confronted by a 16-year-old would-be robber. The two exchanged gunfire. The young assailant, who had run away from a group home earlier in the year after being charged with possession of heroin, died at the scene. Sergeant Rife managed to make it to a friend’s apartment before he collapsed; he was flown to a nearby hospital, where he died a short time later.

This incident recalled another case involving a District of Columbia officer that took place seven years earlier. During the early-morning hours, Officer Oliver Wendell Smith, Jr., was on his way home from work when he was robbed at gun- point as he got out of his car. The thieves were about to flee the scene when one of the suspects found Officer Smith’s badge and realized he was a police officer. That’s when they stuck a gun to his head and shot him execution-style.

The Washington, D.C., Metropolitan Police Department has had seven officers killed in off-duty incidents. Only two municipal agencies have had more—New York City with 18 deaths and Cleveland with 9 deaths. Another off-duty death occurred on a cold February evening, when a D.C. police officer named James McGee was off-duty and in street clothes when he came upon two men robbing a cab driver at gunpoint. He was trying to make an arrest when two of his fellow officers drove up and failed to recognize Officer McGee as one of their own. When they ordered him to drop his gun, Officer McGee turned toward the sound of their voices with his gun in his hand. One of the officers fired twice. It was a horrible case of mistaken iden- tity. Officer McGee died at the hospital 25 minutes after the shooting.

A look at the records kept by the National Law Enforcement Officers Memorial Fund reveals that more than 300 federal, state, and local officers have lost their lives in off-duty law enforcement incidents. The first was Robert M. Rigdon, a Baltimore City (Maryland) police officer, who was assassinated at his home in an act of retaliation for court testimony the 37-year-old officer had given earlier in the day. This cold-blooded killing took place on November 8, 1858.

Source: “Officers Who Became Off-Duty Victims of Violence,” Policeone.com (June 1, 2005). http://www.policeone.com/writers/columnists/CraigFloyd/articles/97441/ (accessed June 29,

2007).

Summary

The chapter describes the essential concepts of modern American policing. Most peo- ple become police officers because they wanted to help people, job security, and fight crime. In recent years, however, the face of America has changed: New hires have trans- formed the profile of the police force from all white, working-class males to include educated females and members of many different ethnic and racial groups.

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26 CHAPTER 1 Police: The Essentials

As an organization, American policing is charged with the task of maintaining the rule of law. To do so, its members are provided with special legal powers that enable them to maintain public order and to solve and prevent crimes. The rule of law is the principle that government authority is legitimately exercised in accordance with writ- ten, public disclosed laws that have been adopted and should be enforced in accor- dance with established procedures which includes due process. By contrast, the law of criminal procedure encompasses the rules governing the series of proceedings through which the substantive criminal law is enforced.

Police subculture consists of the learned objectives, shared job activities, and simi- lar use of nonmaterial and material items; it is a major factor in determining precisely how police enforce laws. Police discretion gives officers the freedom to act or not act in certain circumstances, though mandatory arrest policies sometimes set limits on that discretion. In situations where formal institutions fail to meet the community’s man- date to rectify problems, street justice may be the police response, as officers solve problems and mete out punishment on their own.

According to Kelling and Wilson, serious crime is a product of willful ignorance of minor violations, with inattention to small crimes leading inexorably to larger crimes. Thus, by pursuing small-time violators, police may be able to better control crime—a policy based on the so-called broken windows theory. When following this approach, police may, for example, take back public spaces by enforcing an aggressive arrest pol- icy (zero tolerance) or use computerized tools such as Compstat to target certain areas for high levels of enforcement.

Order-maintenance initiatives focus on proactive quality-of-life arrests of suspects who commit minor violations linked to public nuisances in public spaces. These efforts, which provide for intensified policing of disorder, are intended to enhance the quality-of-life experiences of residents. Today’s order-maintenance initiatives, which represent a large part of current police activity, have been redefined from their original form to better conform with Constitutional guidelines.

A police officer is a peace officer who is empowered to make arrests, use force, and detain individuals, but is also obligated to care and protect for constituents. In sum, officers protect both lives and property and defend the Constitutional rights of the public. Unfor- tunately, their ability to perform these policing duties is sometimes hampered by biased media and news reports, myths held by the public, the police’s view of themselves, and the consequences of inappropriate views of the police, which may include disrespect of officers.

While the police are empowered through legislation, their constituents’ willingness to comply with police orders depends on the notion of police legitimacy. Americans want the police to enforce laws, provide services, prevent crime, and preserve the peace, but they are hesitant to give up their liberty, even in the face of threats such as terrorism.

Key Terms and Key People American policing

Broken windows perspective

Clearance rate

Compstat

Judiciously

Law of criminal procedure

Mandatory arrest

Order maintenance

Police discretion

Police subculture

Rule of law

Street justice

Zero tolerance

William J. Bratton

Rudolph Giuliani

George L. Kelling

Wesley G. Skogan

Sam Walker

James Q. Wilson

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Notes 27

Discussion Questions

1. Describe how American police officers have changed from their counterparts in earlier periods of history. In what way is this new profile a positive change? A negative change?

2. Characterize the rule of law, and explain its importance to policing. 3. Describe the law of criminal procedure and its process. How might the law of

criminal procedure help or hinder police officers? 4. Explain what is meant by a police subculture. How might peer pressure influ-

ence the decision-making process followed by an officer? 5. Explain police discretion and its limits. In what ways do you agree and disagree

with those limits? 6. Describe mandatory arrest policies and explain their purpose. 7. Characterize clearance rates. What are their implications for policing? 8. Describe the rationale of street justice. In what way is street justice appropriate

or inappropriate for officers? 9. Characterize the broken windows perspective and its objectives. Identify the

strengths and weaknesses of this perspective. 10. Describe Compstat and zero-tolerance objectives, including their objectives and

their weaknesses. 11. Define order maintenance as a police initiative, and explain its practical use. 12. Describe the stereotypes about policing held by the U.S. public and by police

themselves. 13. Characterize the sources of legitimacy. 14. Identify what Americans want and don’t want from the police. In what way are

these thoughts close to your own thoughts?

Notes

1. “Secretary General Calls for Culture of Respect” (November 16, 2004), http://www.unis. unvienna.org/unis/pressrels/2004/sgsm9592.html (accessed July 4, 2006).

2. Dennis J. Stevens, preface to Police Officer Stress: Sources and Solutions (Upper Saddle River, NJ: Prentice Hall, 2008).

3. This thought is consistent with those of former U.S. Attorney General Janet Reno: “A police officer is charged with ensuring public safety, but she or he is also empowered to use force and, if necessary, to take a life to protect others from death or great bodily harm. The police are there to protect us from crime, but they must protect our rights at the same time” (http://www.usdoj.gov/archive/ag/speeches/1999/npc.htm, accessed July 15, 2007).

4. David Weisburd, “Hot Spots Policing Experiments and Criminal Justice Research: Lessons from the Field” (paper presented for the Campbell Collaboration/Rockefeller Foundation’s meeting at Bellagio, Italy, November 10–11, 2002).

5. Weisburd, “Hot Spots.” Some of those criminologists include David Farrington, James Q. Wilson, and Lloyd Ohlin.

6. Randy Sutton, True Blue (New York: St. Martin’s Press, 2006), xiii. 7. Dennis J. Stevens, appendix to Police Stress: Sources and Solutions (Upper Saddle River,

NJ: Prentice Hall, 2008). 8. Virginia B. Ermer, “Recruitment of Female Police Officers in New York City,” Journal of

Criminal Justice 6 (1978): 233–246.

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28 CHAPTER 1 Police: The Essentials

9. M. Steven Meagher and Nancy Yentes, “Choosing a Career in Policing and Female Per- spectives,” Journal of Police Science and Administration 14, no. 4 (1986): 320–327.

10. Ermer, “Recruitment of Female Police Officers.” 11. Robert M. Shusta, Deena R. Levine, Herbert Z. Wong, Aaron T. Olson, and Philip R.

Harris, Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4th ed. (Upper Saddle River, NJ: Prentice Hall, 2008), 52–57. Also see David H. Bayley and Harold Mendelsohn, Minorities in the Police (New York: Free Press, 1969), 6.

12. National Center for Women and Policing (2005), http://www.womenandpolicing.org/ becominganofficer.asp (accessed June 23, 2007).

13. Bayley and Mendelsohn, Minorities in the Police, 30. 14. Officer Julia Rico, Portland, Oregon, Police Bureau, http://www.portlandonline.com/

joinportlandpolice/index.cfm?c=eciac (accessed June 23, 2007). 15. Officer Dana Lewis, Portland, Oregon, Police Bureau, http://www.portlandonline.com/

joinportlandpolice/index.cfm?c=38409 (accessed June 23, 2007). 16. Paula Gibbs, “DARE Officer Talks about Why He Became a Cop,” Wiscasset News, July

20, 2006. 17. Robert Banks, “Staging Point for the Alien Invasion,” in Sutton, True Blue, 19–20. 18. Banks, “Staging Point,” 20. 19. Officer Jennifer Taylor is a Ph.D. candidate at the University of Southern Mississippi and

is writing her dissertation on women and policing. She contributed to this book— especially Chapters 8 and 9.

20. Matthew Davis, “Death Raises Concerns at Police Techniques,” BBC (2006, March 26), http://news.bbc.co.uk/2/hi/americas/4803570.stm (accessed June 24, 2006).

21. Sam Walker and Charles E. Katz, The Police in America: An Introduction (Boston: McGraw Hill, 2005), 233.

22. Richard Lumb and Yumin Wang, “The Theories and Practice of Community Problem Oriented Policing: A Case Study,” Police Journal 79, no. 2 (2006), 177–193.

23. All numbers and percentages have been rounded. 24. Chief Bill Finney, St. Paul, Minnesota, Police Department, http://www.finneyforsheriff.

com/ (accessed July 6, 2007). 25. Christopher S. Koper, Hiring and Keeping Police Officers (NCJ 202289). (Washington, DC:

U.S. Department of Justice, July 2004), http://www.ncjrs.gov/pdffiles1/nij/202289.pdf (accessed June 22, 2007).

26. Of interest, many covers of criminal justice textbooks display female officers. See, for example, William Bennett and Karen Hess, Management and Supervision in Law Enforcement, 6th ed. (Belmont, CA: Wadsworth, 2008); its cover features three women, one black male, and one white male. It is unlikely that any pre-2005 criminal justice textbook would showcase women officers.

27. Bureau of Justice Statistics, Local Police Department, 2003 (NCJ 210118) (Washington, DC: U.S. Department of Justice, 2006), http://www.ojp.usdoj.gov/bjs/pub/pdf/lpd03. pdf (accessed June 20, 2007).

28. U.S. Census (2007), http://www.census.gov/ (accessed June 20, 2007). 29. James J. Fyfe and Robert Kane, “Bad Cops: A Study of Career-Ending Misconduct

Among New York City Police Officers” (September 2006), http://www.ncjrs.gov/ pdffiles1/nij/grants/215795.pdf (accessed June 6, 2007).

30. MSN Encarta, http://encarta.msn.com/ (accessed June 7, 2006). 31. Wikipedia, the Free Encyclopedia, http://en.wikipedia.org/ (accessed June 7, 2006). 32. John Locke, Two Treatises of Government (Published anonymously in 1689). Locke

argues that we have a right to the means to survive. When Locke explains how govern- ment came into being, he uses the idea that people agree that their condition in the state

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Notes 29

of nature is unsatisfactory, and so agree to transfer some of their rights to a central gov- ernment, while retaining others. This idea is known as the theory of the social contract.

33. Hermann Goldstein, Policing in a Free Society (Cambridge, MA: Ballinger, 1977). 34. U.S. Courts, “Core Values” (2006), 7, http://www.uscourts.gov/lrp/CH02.PDF (accessed

August 3, 2006). 35. The rules of criminal procedure are different from those of civil procedure because the

two areas (criminal and civil) have different objectives and results. In criminal cases, the state brings the suit and must show guilt beyond a reasonable doubt. In civil cases, the plaintiff brings the suit and must show only that the defendant is liable by a preponderance of the evidence. Source: Cornell Law School, Legal Information Insti- tute, http://www.law.cornell.edu/wex/index.php/Criminal_procedure (accessed June 25, 2006).

36. Cornell Law School, Legal Information Institute. 37. John P. Crank, Understanding Police Culture, 2nd ed. (Cincinnati: Anderson, 2004), 3.

Also see Bennett and Hess, Management and Supervision in Law Enforcement, 263–264. 38. Linda A. Teplin, “Keeping the Peace: Police Discretion and Mentally Ill Persons,”

National Institute of Justice Journal (July 2000), http://www.ncjrs.gov/pdffiles1/ jr000244c.pdf (accessed June 25, 2006).

39. Teplin, “Keeping the Peace.” 40. Vito Nicholas Ciraco, “Fighting Domestic Violence with Mandatory Arrest, Are We

Winning?: An Analysis in New Jersey,” Women’s Rights Legislation Report, 20 (2001): 169–170.

41. Charlotte A. Watson, Family Protection and Domestic Violence Intervention Act of 1994: Evaluation of the Mandatory Arrest Provisions (Albany, NY: New York State Office for the Prevention of Domestic Violence, January 2001), http://www.opdv.state.ny.us/ criminal_justice/police/finalreport/index.html (accessed June 28, 2006).

42. Bureau of Justice Statistics, Homicide Trends in the U.S. (Washington, DC: U.S. Depart- ment of Justice, 2006), http://www.ojp.usdoj.gov/bjs/homicide/hmrt.htm#longterm (accessed July 12, 2006).

43. Federal Bureau of Investigation (2007), http//www.fbi.gov (accessed November 11, 2007).

44. Federal Bureau of Investigation (2007), http://www.fbi.gov/ucr/cius2006/offenses/ clearances/index.html (accessed November 26, 2007).

45. Comparing the past ten-year clearance rates at the FBI website shows that more violent crime cases are unsolved than ever before. Also, an estimated 10,300 unidentified human remains were reported to the National Death Index from 1980 to 2004. See Bureau of Justice Statistics, NCJ 219533 (2007).

46. Gary W. Sykes, “Street Justice: A Moral Defense of Order Maintenance Policing,” in The Police and Society: Touchstone Readings, ed. Victor E. Kappeler (Prospect Heights, IL: Waveland, 1999), 134–149.

47. Sykes, “Street Justice,” 135. 48. George L. Kelling and William J. Bratton, “Taking Back the Streets,” City Journal (Sum-

mer 1994), http://www.city-journal.org/article01.php?aid=1428 (accessed June 28, 2006).

49. Jim Waley, “Zero Tolerance New York Style,” NineMSN News (2006), http://sunday.ninemsn.com.au/sunday/cover_stories/transcript_309.asp (accessed June 27, 2006).

50. James Q. Wilson and George L. Kelling, “The Police and Neighborhood Safety,” Atlantic Monthly 249, no. 2 (1982): 29–38.

51. Wilson and Kelling, “The Police and Neighborhood Safety,” 30.

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30 CHAPTER 1 Police: The Essentials

52. Bernard E. Harcourt, “Illusion of Order: The False Promise of Broken Windows Polic- ing” (2001), http://www.hup.harvard.edu/pdf/HARILL_excerpt.pdf (accessed June 24, 2006). Also see Wesley Skogan, Disorder and Decline: Crime and the Spiral of Decay in American Neighborhoods (Berkeley, CA: University of California Press, 2005).

53. New York City Police Department (2006), http://www.nyc.gov/html/nypd/html/ chfdept/compstat.html (accessed June 25, 2006).

54. New York State, Division of Criminal Justice Services (2000), http:// criminaljustice.state.ny.us/ (accessed June 24, 2006).

55. Patrick A. Langan and Matthew R. Durose (Bureau of Justice Statistics), The Remarkable Drop in Crime in New York City (Washington, DC: U.S. Department of Justice, October 21, 2004), http://samoa.istat.it/Eventi/sicurezza/relazioni/Langan_rel.pdf (accessed July 2, 2006).

56. Gareth Griffith, “Zero Tolerance” (1999), http://www.parliament.nsw.gov.au/ (accessed June 27, 2006).

57. “Mayor Rudolph Giuliani,” Toronto Sun News (November 11, 2005). 58. Norman Dennis, ed., Zero Tolerance: Policing a Free Society (London: IEA Health, 1998),

http://www.civitas.org.uk/pdf/cw35.pdf (accessed June 28, 2006). 59. After Rudy Giuliani became mayor of New York City in 1993, the New York City police

were given orders to take the “quality of life” violations more seriously. The best-known “quality of life” offenders were the people who washed car windshields at the points of entrance into the city, expecting payment. The “squeegee men,” as they were known, became an issue in the 1993 mayoral election when Giuliani, the challenger, made them a symbol of everything that was wrong with the city. Newspaper columnists jumped to the “squeegee men’s” defense, arguing that they were true entrepreneurs and suggesting that Giuliani was a bully for picking on them in particular. The late William Kunstler, the famous radical lawyer, offered to represent the “squeegee men” whose rights he said were being threatened. The reality was that these “entrepreneurs” were mainly crack addicts, and their windshields cleaners were potential weapons. Most drivers felt intim- idated by them; some were terrified.

60. Peter McDermott, “Zero Tolerance New York Style,” ICCL (May 1997), http://ireland.iol.ie/~iccl/may297.htm (accessed June 28, 2006),

61. Crime Reduction Tool Kits, “Order Maintenance Policing” (2006), http://www.crime reduction.gov.uk/toolkits/pt0304.htm (accessed June 23, 2006).

62. Sykes, “Street Justice,” 137. 63. George L. Kelling and Catherine M. Coles, Fixing Broken Windows (New York: Free

Press, 1996), 103. 64. Newark Police Department (2006), http://newark.de.us/docs/departments/order_

maint.html (accessed June 24, 2006). 65. Bureau of Labor Statistics, Police and Detectives (Washington, DC: U.S. Department of

Labor, 2006), http://www.bls.gov/ (accessed June 7, 2006). 66. For instance, the Fremont, California, Police Department says that, as for most police

agencies across the country, 99 percent of the 911 calls it receives are false reports or nonemergency calls. When the department conducted an outreach program to the pub- lic concerning these findings, the department reported a 20 to 30 percent reduction in the number of false alarms. In 2004, however, the department still responded to 7,000 alarms, of which more than 6,900 were false alarms (Fremont California Police Depart- ment, http://www.fremontpolice.org/alarm/chiefs_ltr.html, accessed June 26, 2006).

Other departments, such as the Baltimore, Maryland, Police Department, have installed 311 nonemergency systems. For the Baltimore police, of the 1.7 million 911 calls received, only 40 percent have been police emergency calls. See National Institute of Justice, Research for Practice: Managing Calls to the Police 911/311 Systems (Washington,

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Notes 31

DC: U.S. Department of Justice, February 2005), http://www.ncjrs.gov/pdffiles1/nij/ 206256.pdf (accessed June 26, 2006).

67. Official State of Pennsylvania Code, Rule 10, http://www.pacode.com/secure/ data/234/chapter1/s103.html (accessed June 10, 2006).

68. City of Davis California Municipal Code, http://www.city.davis.ca.us/cmo/citycode/ detail.cfm?p=22&q=760 (accessed June 10, 2006),

69. For a closer look at this perspective, see Peter K. Manning, Police Work: The Social Orga- nization of Policing (Prospect Heights, IL: Waveland Press, 1997), 97–101. For instance, Manning argues that it is a contradiction that “the police are, in symbolic terms, the most visible representation of the presence of the state in every day life and the potential of the state to enforce its will upon citizens” (97).

70. Bureau of Justice Statistics, State and Local Law Enforcement Training Academies, 2002 (NCJ 204030) (Washington, DC: U.S. Department of Justice, January 2005), http://www.ojp.usdoj.gov/bjs/pub/pdf/slleta02.pdf (accessed June 10, 2006).

71. Bureau of Labor Statistics, Police and Detectives (Washington, DC: U.S. Department of Labor, 2006), http://www.bls.gov/oco/ocos160.htm (accessed June 10, 2006).

72. Jerry Wilson, “Police Personnel Crisis Needs Federal Leadership,” Washington Post (May 23, 2006), http://www.washingtonpost.com/wp-dyn/content/article/2006/05/22/ AR2006052200886.html (accessed June 10, 2006).

73. Dennis J. Stevens, Applied Community Policing in the 21st Century (Boston: Allyn and Bacon, 2003), 20–21.

74. Jerome H. Skolnick, “Ideas on American Policing: On Democratic Policing,” Police Foundation (August 1999), 8; http://www.policefoundation.org/ (accessed May 13, 2004).

75. Table 2.17 in Sourcebook of Criminal Justice Statistics 2004 (Albany, NY: U.S. Department of Justice, 2005), 119; http://www.albany.edu/sourcebook/pdf/t217.pdf (accessed June 17, 2006).

76. Dennis J. Stevens, Case Studies in Applied Community Policing (Boston: Allyn and Bacon, 2003), 17.

77. John H. Schweitzer, June Woo Kim, and Juliette R. Macklin, “The Impact of the Built Environment on Crime and Fear of Crime in Urban Neighborhoods,” Journal of Urban Technology 6, no. 3 (1999): 59–73. Stephen Farrall and David Gadd, “Evaluating Crime Fears: A Research Note on a Pilot Study to Improve the Measurement of the Fear of Crime as Performance Indicator,” Evaluation 10, no. 4 (2004): 493–502.

78. Crime in the United States 2004, Uniform Crime Reports and Clearance Rates (Washing- ton, DC: U.S. Department of Justice, 2006), http://www.fbi.gov/ucr/cius_04/ (accessed June 17, 2006).

79. Phoenix Police Department, “Hablenos con Confianza” (2001), 5; http://www. prensahispanaaz.com/index.asp?id=7947 (accessed June 17, 2006).

80. Sam Walker and Charles M. Katz, The Police in America: An Introduction (Boston: McGraw Hill, 2005), 1. J. P. Brodeur, How to Recognize Good Policing: Problems and Issues (Thousand Oaks, CA: Sage, 1998).

81. Stevens, Police Stress, x. 82. For instance, while the author was writing this paragraph on April 23, 2005, a Salem

police officer was on an extra detail controlling traffic while a roadway was being repaired. A motorist refused to obey the officer’s directions and decided to drive through the uniformed officer, sending him to the hospital in serious condition. It is unlikely the officer will be able to report to duty for a year or more. Unusual? In Chap- ter 5, the number of officers assaulted and killed will confirm the idea that many officers are disrespected daily.

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32 CHAPTER 1 Police: The Essentials

83. National Institute of Justice, National Institute of Justice 2001 Annual Report (NIJ 195076) (Washington, DC: U.S. Department of Justice, Office of Justice Programs, February 2004), http://www.ncjrs.org/txtfiles1/nij/195076.txt (accessed May 20, 2005).

84. C. Maslach, “Burned Out,” Human Behavior 1 (1976): 16–22. I. L. Densten (2001). 85. Personal communication with a Boston police officer who wishes to remain anony-

mous.

86. “Web Poll,” Police: The Law Enforcement Magazine 30, no. 6 (2006): 20. Other responses to the question “What is your biggest pet peeve in your day-to-day job?” included “con- stituents with a lousy attitude toward law enforcement” (32 percent), “having to kow- tow to administrators” (23 percent), “officers who take the job too seriously” (8 percent), and “dealing with slimy suspects” (2 percent).

87. Sourcebook of Criminal Justice Statistics 2004, Table 2.20, http://www.albany.edu/ sourcebook/pdf/t2202005.pdf (accessed June 19, 2006).

88. Vivian B. Lord, “The Stress of Change: The Impact of Changing a Traditional Police Department to a Community Oriented Problem Solving Department,” in Policing and Stress, ed. Heith Copes (Upper Saddle River, NJ: Prentice Hall, 2005), 59.

89. W. C. Terry, “Police Stress: The Empirical Evidence,” Journal of Police Science and Admin- istration 9, no. 1 (1981): 61–75. Also see H. Madanba, “The Relationship Between Stress and Marital Relationships of Police Officers,” in Psychological Services for Law Enforce- ment, ed. J. Reese and H. Goldstein (Washington, DC: American Psychological Associa- tion, 1986).

90. Federal Bureau of Investigation, Reported Crime, 2003 (Washington, DC: U.S. Depart- ment of Justice), http://www.fbi.gov/ucr/cius_03/pdf/03sec2.pdf (accessed June 7, 2005).

91. Boston Police Department, “Annual Report” (2006), http://www.cityofboston. gov/police/pdfs/2004annual_report.pdf (accessed July 28, 2006).

92. David E. Barlow and Melissa Hickman Barlow (2004), 78. 93. Stevens, Applied Community Policing, 20–21. Also see Robert C. Trojanowicz and S. L.

Dixon, Criminal Justice and the Community (Englewood Cliffs, NJ: Prentice Hall, 1974), 147–148.

94. Trojanowicz and Dixon, Criminal Justice and the Community, 147. 95. Dictionary.com, http://dictionary.reference.com/search?q=Judiciously (accessed July

26, 2005).

96. Stevens, Applied Community Policing, 21. 97. Andrew Cohen, “Justices Get Tough on Crime,” CBSNews.com: Court Watch (March 3,

2003), http://www.cbsnews.com/stories/2003/03/05/news/opinion/courtwatch/main 542892.shtml (accessed March 15, 2005). Christopher S. Koper, “Federal Legislation and Gun Markets: How Much Have Recent Reforms of the Federal Firearms Licensing Sys- tem Reduced Criminal Gun Suppliers,” Criminology and Public Opinion 1, no. 2 (2002): 151–178. “Get Tough on Crime, Public Demands,” Miami Herald (April 3, 2004), http://www.latinamericanstudies.org/argentina/tough.htm (accessed March 15, 2005). Tomislav V. Kovandzic, John J. Sloan III, and Lynne M. Vieraitis, “Unintended Conse- quences of Politically Popular Sentencing Policy: The Homicide Promoting Effects of ‘Three Strikes’ in U.S. Cities (1980–1998),” Criminology and Public Opinion 1, no. 3 (2002): 478–498.

98. David H. Bayley and Clifford D. Shearing, The New Structure of the Police: Description, Conceptualization, and Research Agenda (NCJ 187083) (Washington, DC: U.S. Depart- ment of Justice, Office of Justice Programs, July 2001), http://www.ncjrs.org/pdffiles1/ nij/187083.pdf (accessed May 25, 2005).

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Notes 33

99. Ronald D. Hunter, “Who Guards the Guardians? Managerial Misconduct in Policing,” in Police Deviance, 3rd ed., ed. Thomas Barker and David L. Carter (Cincinnati: Anderson, 1994), 169–84.

100. Bureau of Justice Statistics, Sourcebook of Criminal Justice Statistics 2003 (Albany, NY: U.S. Department of Justice, 2005), Table 1.17, http://www.albany.edu/ sourcebook/pdf/t117.pdf (accessed July 2, 2006).

101. Bureau of Justice Statistics, “Operating Expenses: Law Enforcement” (2006), http://www.ojp.usdoj.gov/bjs/sandlle.htm (accessed July 2, 2006).

102. Brian A. Reaves and Matthew J. Hickman (2004, April). 103. Egon Bittner, The Factors of Police in a Modern Society, Public Health Service publication

2059 (Chevy Chase, MD: National Institute of Mental Health, 1970), 127. 104. Larry K. Gaines and Roger LeRoy Miller, Criminal Justice in Action, 2nd ed. (Belmont,

CA: Wadsworth, 2003), 157. 105. Anthony A. Braga and David L. Weisburd, Police Innovation and Crime Prevention:

Lessons Learned from Police Research over the Past 20 Years (NCJ 218585) (Washington, DC: U.S. Department of Justice, 2006).

106. Robert C. Davis, Christopher W. Ortiz, Nicolel J. Henderson, Joel Miller, and Michelle K. Massie, Turning Necessity into Virtue: Pittsburgh’s Experience with a Federal Consent Decree (NCJ 200251) (Washington, DC: U.S. Department of Justice, Office of Commu- nity Oriented Policing Services, 2002).

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