ARREST PROCESSING
IN THE NYPD
A STUDY OF TECHNICAL & MANAGERIAL
DYSFUNCTION
Edith Linn, Ph.D.
Lieutenant, NYPD (ret.)
1
NYPD ARREST PROCESSING:
A TEN-HOUR ORDEAL
I.
WHY DO ARRESTS TAKE SO LONG TO PROCESS?
II. HOW DOES THIS LONG, ARDUOUS PROCESS
AFFECT OFFICER BEHAVIOR?
III. HOW CAN TECHNOLOGY HELP?
2
INSPIRATION FOR RESEARCH
1) Long, tiring, costly, stupid arrest procedures
2) “Book learning” vs. personal observation of arrest behavior
“Textbook” Arrest Considerations
Observed Arrest Considerations
Crime Seriousness
Need for Overtime Money Victim Credibility & Cooperation
Need to earn Time Off
Suspect Demeanor
Commuting Issues
Suspect‐Victim Relationship
Post‐Work Plans
Level of Informal Social Control
Frustration with Arrest Procedures Administrative Policies
Aversion to Prisoner Contact
3
I. WHY DO ARRESTS TAKE SO LONG TO PROCESS?
Paperwork
•
All forms hand-written, even if later entered into computer (“Integrity Concerns”)
•
Complaint Reports (Omniform System) - over 200 entries.
•
Data transfer only between Complaint Report & Arrest Report
•
No transfer of boilerplate from legal codes
•
Separate forms for
–
–
–
–
–
–
–
–
–
–
–
–
–
–
Prisoner Pedigree Card (for Arrest Log)
Desk Appearance Ticket Express Report (2 identical 12-pg, hand-written copies)
Juvenile Report
Domestic Incident Report
Stop, Questions and Frisk Report
Different types of property vouchers (must be typed on typewriter)
Different types of lab analyses
Aided Report
Accident Report
Medical Treatment of Prisoner
Drunk-Driving Testing
Added forms/Supporting Depositions required by Borough DAs
Arrest Documentation Checklist (the “form form”)
Arrest Overtime Tracking Sheet
•
Shortages of forms, toner, typewriter ribbon, etc.
•
Lousy tech support.
4
I. WHY DO ARRESTS TAKE SO LONG TO PROCESS?
Prints / Rapsheets / Mugshots
• Livescan System breakdowns
• 3-hour wait for Criminal Record (Rap Sheet)
• Delayed re-do/re-send
• Digital camera breakdown
• Reliance on (sometimes unavailable) “Experts”
– Arrest Processing Officer
– Civilian Photographer
5
I. WHY DO ARRESTS TAKE SO LONG TO PROCESS?
DA-Generated Delays
•
Documents e-faxed from precinct SH to DA’s Office (line not working, etc.)
•
Long queue to draw up Complaint Affidavit with ADA
•
“Live” victim interview cases jump queue.
•
ADA avoidance of “hard” cases & friction with POs
•
ADA demands re-writes, additional forms
•
ADAs off-duty at 11 pm
•
Different procedures by Borough – officer confusion
6
II. HOW DOES LONG, ARDUOUS ARREST
PROCESSING AFFECT ARREST BEHAVIOR?
Arrest-making for substantial overtime?
Arrest-avoidance to assure timely sign-out
and fulfill personal commitments?
Arrest-avoidance to escape the ordeal of
arrest processing?
7
RESEARCH METHOD
• Anonymous survey of 655 patrol officers
• On-duty In-Tac Training in all NYC boroughs
• Bribery with bagels, cookies, etc.
(thank you, NSF!)
8
SAMPLE GROUPS
35
506 POs who patrol at least
3x/week, solo or with partner
(1.6 arrests per month )
30
No-Arrest Subgroup
151 POs (30%) with no arrests
in previous month
Pe rc e n t o f O ffic e rs
Officers Overall (Core Group)
25
20
15
10
High-Arrest Subgroup
95 POs (19%) with at least
3 arrests in previous month
(54% of Core Sample’s arrests)
5
0
0
1
2
3
4
5
6
7
8
10 11
12 13
14
Number of Arrests in Last Full Month Worked
9
Do officers alter their arrest behavior to maximize overtime?
ARREST TIMING
OFFICERS OVERALL: 25% of arrests in the last hour of work
(Twice the expected rate, thus maximizing OT)
HIGH-ARREST OFFICERS : 27% of arrests in the last hour of work
.
(More skill in timing their arrests? More motivated by OT?)
NO-ARREST OFFICERS: 20% of arrests in the last hour of their tour.
(Less skill in timing their arrests? Less motivated by OT?)
10
Do officers alter their arrest behavior to maximize overtime?
FINANCIAL NEED
All groups the same re:
-
Dissatisfaction with Finances (7.7 on 0 to 10 scale)
-
Percent income from non-PD sources (29% - high dependence on PD salary)
-
Adequacy of other OT sources (3.2 on 0 to 10 scale)
BUT
Asked to what extent do they need overtime money
from arrests on routine patrol…
(0 = “no need” > 10 = “great need”)
OFFICERS OVERALL……..5.4
HIGH-ARREST OFFICERS..6.5
NO-ARREST OFFICERS…..4.5
(“Addiction to OT”?)
11
Do officers alter their arrest behavior to maximize overtime?
OVERTIME AS AN ARREST FACTOR
Top 8 Arrest Priorities of Overall Group (of 31)
No-Arrest High-Arrest
1st
t1st
2. Willingness of complainant to prosecute
3rd
3rd
3. Attitude/demeanor of the suspect
4th
4th
4. Attitude/demeanor of complainant/victim 8th
5th
5. Need to get off work on time for social commitment
6th
6th
6. Difficult / dangerous / filthy / sick prisoner
5th
9th
7. Manpower / number of sectors running
7th
7th
8. Need to make overtime money 14th
2th
1.
Seriousness of crime
12
ARREST FACTORS
1. Level/seriousness of the offense
17. Lack of another officer to take your arrest
2. Willingness of complainant to prosecute
18. Desire to go into station house / take break from patrol
3 . Attitude/demeanor of the suspect
19. Need to make comp time
4. Attitude/demeanor of complainant/victim
20. Class / type of suspect (derelict, blue‐collar, VIP, etc)
5. Need to get off work on time for social commitment
21. Pressure to limit overtime
6. Difficult / dangerous / filthy / sick prisoner
22. Class of complainant (homeless, blue‐collar, VIP, etc.)
7. Manpower / number of sectors running
23. Judgment /opinions of other officers
8. Need to make overtime money
24. Desire for career advancement / plainclothes assignment
9. Pressure from supervisor / CO to make arrest
25. Need to carpool / beat rush hour / catch train / etc.
10. Presence of supervisor
26. Bad weather
11. Presence of bystanders / personal safety
27. Boredom
12. Request to take coworker’s arrest/give away your
arrest
28. Pedigree of suspect ( race, sex, age, etc.)
14. Long/complicated paperwork or processing
29. Need to get off work on time for second job
13. Likeliness of being rescheduled to see ADA/go to
court
30. Pedigree of complainant (race, sex, age, etc.)
15. Need to get off work on time for child‐related activity
31 Need to get off work on time for college‐related activity
16. Desires/expectations of community
13
Do officers alter their arrest behavior to maximize overtime?
USE OF ARREST OT-SEEKING PATROL TACTICS
(ordered by frequency)
TACTIC
% “SOMETIMES OFTEN-ALWAYS”
1. More patrol in easy-arrest areas in 2nd half of tour
41%
2. Faster responses to crimes in progress in2nd half of tour
38%
3. More diligent searches for suspects in 2nd half of tour
37%
4. More car stops & license plate checks in 2nd half of tour
34%
5. More domestic violence calls (mandatory arrest) in 2nd half of tour
28%
6. More effort to persuade complainant to prosecute in 2nd half of tour
19%
7. More looking for any minor violation in 2nd half of tour
18%
8. More stop/question/frisk in 2nd half of tour
16%
9. Followed up on every pick-up complaint in 2nd half of tour.
16%
10. Chose to arrest for summons-eligible offense in 2nd half of tour
8%
- NO-ARREST OFFICERS used FEWER OT-seeking patrol tactics than the group as a whole.
- HIGH-ARREST OFFICERS used MORE OT-seeking patrol tactics than the group as a whole.
14
Do officers avoid arrests to fulfill post-work commitments?
Officers overall felt they had to get off work on time (no arrest) in
proportion to their frequency of …
1. Commuting Concerns (beating rush hour, catching bus/train/carpool, etc.)
2. Caring for children / family members
3. Appointments
4. Dates/Social Engagements
5. Second Jobs
6. School
(ordered by correlation of frequency of commitment & need for timely end of tour)
15
Do officers avoid arrests to fulfill post-work commitments?
Asked how often they must end their tour on time
due to post-work commitments or concerns…
•
26% of OFFICERS OVERALL felt they could NEVER extend their tour with a
non-mandatory arrest .
•
30% of NO-ARREST OFFICERS felt they could NEVER extend their tour with a
non-mandatory arrest .
•
15% of HIGH-ARREST OFFICERS felt they could NEVER extend their tour with
a non-mandatory arrest .
16
Do officers avoid arrests due to the difficulties of processing?
OFFICERS OVERALL felt “turned off” to arrest in proportion to their concern that…
1. Procedures are long and tiring, especially
after working 8 hours
10. Prisoner may make allegations to
Internal Affairs / CCRB
2. Arrest forms are boring and repetitious
11. Computer/ processing equipment may
be down
3. PO may be disciplined for taking too long
12. Prisoner may need to go to hospital
4. Procedures may be complex or confusing
13. Prisoner may be filthy, have foul odor
5. Staff with computer/equipment skills may
be unavailable
14. Prisoner may be drunk or emotionally
disturbed.
.
6. PO may make mistake/ look bad / be
reprimanded
15. Prisoner may be violent
7. PO may need to testify
16. Prisoner may be verbally abusive.
8. PO may need to write lengthy or difficult
narrative
17. Prisoner may be infectious
(AIDS, TB, lice, etc.)
9. PO may need to go to different locations,
e.g. DWI
18. Prisoner may try to escape
(ordered by level of correlation)
OFFICERS OVERALL were more turned off to arrest by administrative issues than prisoner issues.
17
Do officers avoid arrests to fulfill post-work commitments ?
Do officers avoid arrests due to the difficulties of processing?
FAMILY COMMITMENTS & PROCESSING DIFFICULTIES
AS ARREST FACTORS
No-Arrest
HighArrest
6. Difficult /dangerous/filthy/sick prisoner 5th
9th
8. Need to make overtime money 14th
2nd
14. Long, complicated paperwork or processing 9th
26th
15. Need to get off work for child‐related activity
12th
20th
Arrest Priorities of Overall Group (of 31)
18
Do officers avoid arrests to fulfill post-work commitments ?
Do officers avoid arrests due to the difficulties of processing?
USE OF ARREST- AVOIDING PATROL TACTICS
TACTIC
% “SOMETIMES OFTEN-ALWAYS”
1. Conducted no car stops & license plate checks
53%
2. Conducted no stop/question/frisk
51%
3. Ignored minor violations
42%
4. Avoided easy-arrest areas
43%
5. Prolonged non-crime assignments (aided, clerical, etc.)
38%
6. Used summons instead of arrest
36%
7. Drove slowly & conspicuously to crimes in progress
27%
8. Ignored pick-up complaints from non-involved parties
25%
9. Discouraged complainants from prosecuting
23%
10. Avoided domestic violence calls (mandatory arrest)
20%
OFFICERS OVERALL used arrest-avoiding tactics MORE OFTEN than arrest seeking tactics.
NO-ARREST OFFICERS used FEWER OT-seeking patrol tactics than the group as a whole.
HIGH-ARREST OFFICERS used MORE OT-seeking patrol tactics than the group as a whole
19
II. HOW DOES THE NYPD’S LONG, ARDUOUS
ARREST PROCESSING AFFECT OFFICER BEHAVIOR?
Summary findings:
1) Officers overall adapt their arrest behavior - to enhance overtime
- to meet post-work commitments
- to avoid the ordeal of processing
2) The process is primarily an arrest-making deterrent for the low-arrest majority,
but an arrest-motivator for OT-minded high-arresters.
Consequences;
1) Waste – money, time, trees
2) Loss of patrol strength
3) Moral quandary for officers: job vs. family
4) Compromised justice
20
Post script: Survey of 130 PDs in Cities over 100,000
(2002)
Average processing time 1¾ hours.
72% used personnel other than A/O for all processing tasks:
Fingerprinting - Retrieving Criminal Records - Taking Photos
Data Entry - Guarding Prisoners - Transporting Prisoners
Handling Prisoners in /awaiting Court
Some PDs had better technology:
Card-swipe driver’s licenses
Computer in patrol car for direct data entry
E-Citation from field transmitted to court
Facial recognition technology
Unified storage system for prisoner raps, warrants, photos, medical, etc.
21
III. HOW CAN TECHNOLOGY HELP?
• Issues:
•
•
•
•
•
•
•
Direct data entry
Reducing number of forms
Access to “boilerplate”
Tech assistance
Efficient transfer of documents to DA, etc.
Efficient acquisition of Criminal Histories (Raps)
Quality/Integrity
22