Police subculture, discretion, duty Pollock, Chp. 7 \Officer murders, shootings\Texas DPS.wmv \Cincinnati officer shot.wmv \SMPD officer shot gang.wmv \5 CHP killed 5 mos.wmv \NYPD Blues.wmv, NYPD Blues2.wmv \Use of force\Shootout.wmv \Grandma shocked.wmv \Baton Rouge police accused.wmv \Undercover\LAPD reverse drug.wmv Police working environment Identify and arrest criminals Deter crime through patrol and other measures Promote civil order Provide emergency services Help those at risk of being victimized Facilitate movement of traffic Resolve conflicts Promote a feeling of community security “A routine punctuated by moments of terror” Many “routine duties” (e.g., traffic enforcement, neighbor disputes, family fights) involve considerable risk Working factors – Force and coercion – Violence, danger – Uncertainty – Excitement – Availability of firearms Police tools limited – Legal, social, political constraints – Probable cause standards – Restrictions on use of force February 22, 1994 – LAPD Officer Christy Hamilton, Devonshire Division Officers Hamilton and others responded to a family disturbance with shots fired in a residential neighborhood. As she stood by her patrol car a 17-year old youth who had just murdered his father fired a .223 caliber assault rifle, striking officer Hamilton above her ballistic vest. The assailant committed suicide. Who is drawn into policing? Police applicant characteristics – Working class and lower-middle class, white, male – Conservative political and social views – Assertiveness and physicality – Wants steady work with good pay and benefits – Idealistic, desires to help others – Taste for risk and excitement – Friends and relatives in law enforcement Some desirable characteristics – Logical skills and intelligence – People oriented, free of bias – Tolerates stress and risk – Self-insight, emotionally stable, not impulsive – Courage, not overly aggressive – Command presence – Works well as a team member, accepts direction Police personality Hard lesson: badge + gun compliance Recruits learn caution at the academy – Police work can be dangerous – Stories of officers hurt and killed – Persons identified by habit or attire as “symbolic assailants” – Almost anyone can prove dangerous Cynicism and morbidity – Personality environment – Justice not always possible – Reality Altruistic, “helping” orientation of new officers Cynicism may peak right after the academy and decrease mid-career Typology of police personality (John Broderick) Enforcers: Keep beat clean, arrest evil-doers, help good people – Distinction between “good” and “bad” persons – Frustrated by legalities and the CJ process Idealists: Duty to keep the peace and protect citizens from criminals. – High value on individual rights – Many college graduates (?) Realists: Focus on the process – reports, procedures – Not concerned with greater issues (e.g. social order) – Narrow definition of the job leaves them less frustrated than others Optimists: See their job as people rather than crime-oriented – Enjoy service aspects of policing and solving problems – Lowest amount of job resentment and conflict Officer discretion Wilson’s policing styles – – – Watchman: Focus on order maintenance Ignore minor infractions Prefer to resolve issues informally Legalistic Eager to invoke formal sanctions (arrests and citations) Disorderly persons viewed as a criminal threat Reluctant to intervene when legal authority is unclear Service Blend of the above styles, with less emphasis on making arrests Emphasis on quality of life issues Prefer to resolve situations through conciliation and referrals Discretion and duty Officer issues – Attitude toward ambiguous situations – Self-image as servant or crime-fighter City and agency policies – Constraint discretion – Different orientations in affluent and modest areas Loss of discretion in domestic violence situations – Failure to act resulted in mandatory arrest policies – In many other areas officers have retained discretion Paradigm for ethical decision-making – What does the law require? – What does departmental policy require? And, if there is discretion: – What do individual ethics require? Officers influenced by individual and environmental variables – May define situations differently Profiling Profile variables – Race and ethnicity – Social class – Time and place – Appearance and behavior Profiling as a preventive tool – Effectiveness and efficiency – Some criminal activity is ethnicallybased (e.g., street gangs) Historical abuse of minorities and poor – Less able to “fight back” Other variables – Demographics (rich/poor, urban/rural) – Local crime and violence – Government and public pressures – Police subcultural issues Officer behavior has complex causes INDIVIDUAL VARIABLES • Intelligence • Aggressiveness/assertiveness • Impulsivity • Adventurism (stimulus seeking) POLICE PERSONALITY • Enforcers • Idealists • Realists • Optimists (Just one example) ENVIRONMENTAL VARIABLES • Local demographics • Crime and violence • Authority/power • Danger / unpredictability • Temptations SUBCULTURAL VALUES • Autonomy • Solidarity • Cynicism • Use of force and coercion • Neutralizers, justifications Ethical dilemma You stop a vehicle that has been speeding and cutting people off. It is technically “reckless driving”, a misdemeanor, which authorizes a physical arrest. But normally you would write a ticket for speeding and give a brief lecture. This driver gives you a lot of lip. He does not have other recent tickets. – – – – Identify the most relevant values and concepts Identify the most immediate dilemma that the officer faces Apply the most appropriate ethical theory and resolve the dilemma Identify factors discussed in Chapter 7 that might influence how police officers might perceive this dilemma, and how they might resolve it Ethical dilemma You are looking for a vehicle thought to be involved in a gang-related “drive-by” shooting several days ago. There is no license plate number, only a brief description of the vehicle and of three unidentified suspects. In the same general area you spot a car that is similar in appearance. It is occupied by two persons of the same ethnicity, gender and approximate age as the suspects. They glance over at your car but do not do anything else. – – – – Identify the most relevant values and concepts Identify the most immediate dilemma that the officer faces Apply the most appropriate ethical theory and resolve the dilemma Identify factors discussed in Chapter 7 that might influence how police officers might perceive this dilemma, and how they might resolve it