CJ 220 Chapter 2 Policing and Community Justice © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Introduction The most obvious way police serve as exemplars of community justice is through the community-oriented policing movement that began in the 1980s and 1990s Community justice as a concept owes much of its momentum to the success of community policing © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Introduction Community policing is both a comprehensive strategy of policing and a philosophy of law enforcement Community justice, on the other hand is a strategy and a philosophy of criminal justice © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Introduction The movement to community policing represents an attempt to bring police closer to the public they serve Develops relationships to better understand the needs of the community and better address local problems The community policing movement is not the same as the community justice movement © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora A Brief History of Community Policing During the Political Era of policing, the police were a tool of those in power and oppressive to those who opposed the status quo The Reform Era of policing, which began in the 1920s, worked to professionalize the police, separate them from the political influence, and create a professional, military-like administration system Police also became more impersonal and, as a result, became more distant from the public © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora A Brief History of Community Policing Technology increased the rift between officers and the community Automobiles – decreased footbeat Telephone and Radios – made it easy for the public to quickly and easily contact the police for assistance Computers – allowed statistics to be efficiently gathered which led to inferior, number-driven policing Instead of listening to citizens’ concerns, officers and managers became statistics-driven © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora A Brief History of Community Policing The 1960s became a time of friction between the community and police because of the mishandling of civil rights and anti-war protests © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police and the Community: A Dual Track Rationale The two aims of community-oriented policing are: Better community relations Better crime prevention Better community relations is necessary because the police rely on the public in order to do their job, but there are several impediments to good community relations: Citizens with the advantaged social class tend to see the police in a positive light Those who have significant social disadvantage do not have the same positive view © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police and the Community The challenge is How to obtain and maintain positive interaction with citizens who may be predisposed to be suspicious of the police Police cultural attitudes which also interfere with the capacity for a positive relationship Better crime prevention relies on community-based practice If the policing approach is simply to be more active in response to crime – more investigations and more arrests – the police will always be playing catch-up If a proactive approach is taken, there are more possibilities for public safety results © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora The Community Policing Relations Rationale for Community Policing Police work faces a series of built-in problems that tends to frustrate the capacity of the police to do their jobs well Some of this is due to the nature of the problem as well as the police themselves © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora The Police: Essential Services Ensnared in Quandary Although we see police around us routinely, we encounter them only when our lives are not routine The most important services provided by the police usually take place in the context of somebody being in trouble or some sort of crisis This makes it quite natural to expect the police to arrive with special powers to intercede © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora The Police: Essential Services Ensnared in Quandary The powers of the police to act are carefully circumscribed by democratic law and tradition, so the immediacy of the predicament is always tempered by the limitations placed on police authority This often leads to disappointment, because the police will often feel constrained in the actions they can take and citizens will often fail to grasp those constraints © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora The Police: Essential Services Ensnared in Quandary In police-citizen encounters, the reverse can also occur A police officer may interpret the facts of a situation as calling for serious or even urgent action, while the citizen feels intensely that his/her rights ought to constrain the actions taken by police Often makes the police feel they are in a “damned-if-I-do and damned-if-I-don’t” bind © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora The Police: Essential Services Ensnared in Quandary A major defining characteristic for how people feel about the police can be race and age People of color have lower opinions of the police than do whites Young people have lower opinions than do older people, regardless of race Even with these problems, police consistently receive a more positive performance appraisal than do other sectors of the criminal justice system © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Symbol of Modern Culture The police represent social control, and they stand for social order Many see the police as a symbol of safe and secure society Those who hold the symbolic vision of the police as the agency of social control typically support a strong police presence and object to “civil liberties” views of the police that emphasize citizens’ rights When police are viewed this way, it is easy to think of society as composed of “good guys” and “bad guys” – the police come from the former group and are asked to control the latter group © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Symbol of Modern Culture To those who see the police as symbols of power, the problem is not public safety but the way to put meaningful reins on that power Because the most disadvantaged in our society are also the most likely to encounter police power used against them, this concern often arises along the lines of social class and social status © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Symbol of Modern Culture The United States is today a residentially segregated society Those who live in the residential areas occupied by dominant majorities see the police far more positively than those who live in poor, minority areas © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Symbol of Modern Culture Thus, part of what determines the way citizens react to the police is how the police define citizenry When police see citizens as potential problems, those citizens respond by seeing the police as potentially unwelcome power in their lives When police see citizens as “residents,” those residents will see the police as a support system © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of the Legal System The police are first and foremost the initial stage of the criminal justice system Police work has to be assessed on three different criteria How do police actions affect citizen willingness to report crimes? How do these actions encourage citizen cooperation with criminal investigations? How effective are these strategies in identifying suspects accurately? © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Symbol of Modern Culture Studies of police-citizen relations find that citizens who have had negative experiences with the police often become reluctant to assist the police in their investigations or report crimes to the police in the first place – even when they are victims © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Symbol of Modern Culture For police, this lack of cooperation has two sides It is frustrating, because the police point of view is that they are only trying to protect the law-abiding citizens from the “bad guys” and the lack of cooperation makes the work that much harder It is easy for police to view all the residents who express suspicion as somehow being aligned with the “bad element” After a while, some police can develop an attitude toward these areas of “since they don’t care, why should I?” To protect themselves from an all-too-unfriendly public, police adopt a first-choice style of indifference © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Authority is the legitimate capacity to require compliance imbued in a role by law, standards, or custom It is housed in the idea that some consensus of opinion exists that the person occupying a certain role ought to have a level of obedience to his or her directives, so long as they flow from legitimate exercise of duties within that role So long as the person with authority is acting consistent with the expectations of the role, we expect voluntary compliance with the directives that emanate from the legitimate performance of that role © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Power, on the other hand, is the raw ability to compel compliance, regardless of a person’s willingness to comply When a person has power with regard to certain actions, it means that person can make others do what is wanted through some implied or actual coercive capacity Authority is a far more efficient way of getting a person to do something, since it works without any direct threat Power, by contrast, requires implied or demonstrated threat © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Authority, to work, is reliant on voluntary cooperation, whereas power can be exerted regardless of another person’s willingness to comply In a very real sense, authority is given by the person exercising it to the person who has decided to comply, while power is taken by the person giving orders Authority exists because people voluntarily accept the dictates of the police © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Some may say that the more a person turns to power as the way to compel others’ compliance, the less everyone would expect that person to have (or eventually obtain) authority This is one reason why the police culture is such an important force in the work world of the police Police learn to approach the public with distrust and suspicion, expect the public will not understand the job of policing, and view everyone as a potential problem This cynical stance also reappears as a viewpoint of other elements of the CJ system © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Three points about the police culture Develops in response to the pressures of the job and the traditions of the department Not uniform across all departments and all divisions within a department Not solely adverse in its effects © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Because the police culture is typically cynical in its orientation, it tends to discount the value of authority and exalt the importance of power It is common for the police to confuse the two, seeking an increase in formal power because of the weak potency of their authority More important, the dominant police culture puts the police office at odds with the citizen © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Two strong values in the police culture Control – the ability of the officer to ensure that responsibilities he or she are assigned are carried out in an orderly and effective manner Dominion – belief of the officer that he or she has a person ownership in the area to which they are assigned © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Both can be perceived negatively by citizens but positively by police officers It might be possible to use these police culture values in a positive manner to help a community © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Police as a Function of Power in a Society Problem-Based Learning is a method of training that can help officers better face the unstructured problems they encounter on the job Encourages the development and use of critical thinking skills Not currently prominent in police training academies but it appears to be gaining respect © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora The Criminal Justice Rationale for Community Policing Studies have shown that without good community police relations, the police face extreme difficulties in carrying out their work In the traditional model of policing, police see themselves as professional crime fighters concerned with the problem of serious felonies With regard to citizens, police are expected to be impersonal and detached With regard to crime, police are reactive and investigative, responding to criminal events based on their seriousness and building evidence for criminal cases after the crimes have been reported © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora The Criminal Justice Rationale for Community Policing In the late 1960s a series of studies began which cast doubt on the effectiveness of command policing Kansas City Preventive Patrol study Response time analysis study One person vs. two person car studies © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing Robert Trojanowicz seen as father of this style of policing He argued that community policing is a full-service policing model where the same officer regularly patrols the same area and forms partnerships with residents to solve problems Police scholars have identified three different types of community policing Community-building strategies – strengthen community capacity Problem-oriented strategies – deals with causes of crime Broken windows strategies – focus on minor crime and physical disorder © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing Community building strategies Some community building tactics have proven to be of little value (e.g., neighborhood watch and neighborhood meetings) and some have more durable impact (e.g., victim-assistance programs, Police Athletic Leagues) © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing Each of these methods are theorized to improve crime-prevention effectiveness in three ways The effect of increased day-to-day interaction between community residents and beat officers is thought to promote community-based “intelligence” The more police and community talk the more information is shared about crime and criminals in the area The same contacts are thought to provide another way to reduce crime when the flow of information is reversed The belief that “police legitimacy” within the neighborhood is crucial to effective crime prevention © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing What these strategies have in common is their attempt to improve some aspect of community life by increasing interaction among residents or creating a standing relationship between community and police Because of some inherent obstacles, the communities most in need of assistance are also the least able to take advantage of this particular approach © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing Problem-oriented strategies Developed by Herman Goldstein Based on the idea that crime emanates from particular, persistent circumstances that can be identified, documented, and then overcome through systematic action One successful strategy has been hot-spots policing Problem-solving methods seek policing tactics that are intelligence based © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing Community building strategies (cont.) Medical Model of Policing Six types of neighborhoods: Intregral – have high levels of pride Parochial – homogenous values and cultures Diffuse – much in common, but rarely interact Stepping-stone – starter homes Transitory – much movement in and out of neighborhood Anomic – residents accepted criminal victimization as a way of life © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing In the medical model, the officer is charged with learning about the neighborhood just like a physician would learn about a patient Some terminology is the same as in the medical profession Intensive care Preventive medicine Health education Bedside manner Physician Heal Thyself Includes traditional methods when necessary but also interactive approaches that address long-term problem solving © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing CompStat in New York S.A.R.A. model of problem solving Scanning Analysis Response Assessment Intelligence policing most effective when used in conjunction with community partnerships © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing Broken windows strategies Because the broken windows thesis holds that crime results from public disorder, the solution to crime is to use the police to create order Often the power of arrest is used to enforce public order, especially by requiring that these people abide by public expectations for conduct Use of “zero tolerance” policing practices are often controversial © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing and Community Justice Community policing is not the same as community justice The COP movement in policing is, for the most part, particular to the traditional functions of law enforcement: investigation and arrest COP is not a panacea but it has been an improvement over the traditional methods of providing police services It has also raised a series of questions about the role and functions of police in modern society and the capacity of the police to accomplish those functions alone © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing and Community Justice Because of their basic training, officers often become arbitrators Often this provides a short term solution to the issue at hand, but the solution may not be lasting Arbitration involves a person in authority listening to both sides and then making a decision that will be implemented © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing and Community Justice Mediation provides an opportunity for both sides to solve their own problem with the help of a facilitator Many police departments are training officers in mediation techniques Some police departments have also adopted mediation as a way to solve community complaints © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora Community Policing and Community Justice Officers who have been trained in mediation have reported that the skills learned have made them better officers Community members who participate in mediation can learn to better understand divergent viewpoints and learn to use positive communication skills to address those differences © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric Cadora