Assaults on police
This article will briefly outline the highly publicised response from both police
representatives and politicians to the recent spate of assaults on New Zealand police
officers. Three key points identified in the response to the recent assaults will be
analysed. It will then be argued that instinctual efforts to reduce the number of
assaults on police through legislative change fail to appropriately address this
complex issue.
Over the course of three February days, three serious assaults took place on
police officers in Oamaru, Tuakau and Whangerei. The response from the Prime
Minister John Key, the Police Minister Judith Collins, and prominent police
representatives including the Police Commissioner Howard Broad and the Police
Association President Greg O’Connor was swift and largely congruent. The assaults
were portrayed not as individual examples of condemnable violence, but a
representation of a decline in respect for both the police and the law in New Zealand.
Under the scrutiny of the public, seeking reassurance and action in the aftermath
of the assaults, the Prime Minister indicated that changes in law could follow to grant
increased powers to the courts to punish those who assault police officers. Speculation
regarding the form of these changes has included the addition of assault on police to
the Three Strikes and You Are Out legislation, which is currently before parliament
(Dominion Post, 23 February 2010). The addition of this offence to the proposed
Three Strikes law could set a worrying precedent whereby the definition of offences
classified as “strikes” could be further expanded in order to satisfying public concerns
around law and order issues.
When discussing the recent assaults, Prime Minister John Key emotively
described the police as being New Zealander’s ‘last line of defence’ (The New
Zealand Herald 23 February 2010). It should be no surprise in light of such
comments that this issue can become exaggerated and interpreted as an indication of
serious societal decline. While there may not be a consensus of opinion on John Key’s
somewhat dramatic description of the police, the majority will appreciate that the
police are an essential institution of social control. Most will also agree that police
officers should not be subjected to violent assaults when carrying out their duties.
Moreover, it is widely accepted that the work of the police can be undoubtedly
difficult, stressful, and at times dangerous. Although it may be assumed that assault
on police officers is an expected part of the job, evidence from the United States
(Brandl and Stroshine, 2003) demonstrates that most serious injuries sustained by
police officers are not the result of assaults, but are most often due to accidents. The
acknowledgment that the police serve a special role in society, however, can lead to
the emergence of a ‘zero-sum’ debate (Zimring 2001, p.147) where public opinion is
based on who they prefer: the police or the offender. It will be argued here that is
important to move beyond this black and white conceptualisation to consider the most
appropriate course of action. The following will consider three key areas of the debate;
the increase in the number of assaults on police since 1999, declining respect for the
police, and the argument that police should be feared and respected. Drawing on New
Zealand statistics, empirical studies, and international literature, it is hoped that
further discussion and in-depth evaluation will be stimulated around this issue before
legislative changes are made.
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Increase in the number of assaults on police 1999 - 2009
As mentioned above, there is a tendency to imagine violence toward the police to be
part of a general trend toward increasing violence in modern society. An inherent
danger with such a perspective is the creation of a romanticised image of historical
encounters between the public and police, one in which violence and aggression does
not feature (Noaks and Christopher, 1990). Historical accounts of policing in New
Zealand indicate that this issue is not exclusively modern. Assaults recorded on New
Zealand police during the 1840s, for example, include serious incidents of ‘assault
with sword and gun on the Police Magistrate and constables’ (Hill 1986, p.360). This
is not an attempt to argue that the frequency of assaults has remained constant, or to
trivialise the recent serious assaults, but rather to demonstrate that assaulting the
police is not an exclusively modern phenomenon.
More to the point is the rise in assaults on police officers over the past ten years.
When recently questioned in parliament, Police Minister Judith Collins stated that
serious assaults under the Crimes Act 1961 increased from 216 in 1999 to 412 in 2009
(NZPD, 23 February 2010). It is upon these figures that changes in the law are likely
to be justified. At first glance, the statistics do indicate a large rise in violence against
the police. Facts omitted from the announcement, however, include the population
increase of 480,700 in New Zealand during this period (Statistics New Zealand, 2009)
and an increase in the number of sworn police officers of 1,766 (New Zealand Police
2008b). These increases are indicative of a greater number of police officers engaging
in a greater number of interactions, with a greater number of members of the public
and may account for some of the increase in the numbers of assaults.
In other words, a high level of reliance upon police statistics may not reveal a
wholly accurate account of the situation. It is apparent that such statistics are subject
to a number of influences that may colour the results. Changes to police policy
regarding the recording of assaults, for example, would clearly have an impact on
such statistics. Encouragement to record all assaults, and the way that they are
recorded, either as serious Crimes Act assaults in comparison to less serious assaults,
would have a grave impact on the figures. Existing research also identifies a number
of factors that are often present in instances of assault on police. These include
findings that the majority of assaults against the police occur in public places such as
the street or licensed premises (Noaks and Christopher, 1990), and that alcohol is a
pervasive feature of assaults on police (Griffiths and McDaniel, 1993; Noaks and
Christopher, 1990).
Application of this knowledge to patterns of offending identified by the police
offers insight to the reasons for rising assault rates. It is no coincidence, for example,
that the police noted changes in recorded crime from 2007/08 to include ‘the increase
in local bodies employing liquor bans to control disorderly behaviour appears to have
driven an increase in recorded antisocial offences’ (New Zealand Police 2008a, p.9).
This indicates that the probability of assault on police was significantly increased
during this time as more persons were subject to those factors most common in the
event of assaults on police.
This represents an example of the way that changes in legislation, and the
adaptation of police practice as a result of those changes, can influence statistics
regarding assault rates. Equally, increased reporting of criminal behaviour by the
public has an effect on police statistics. As the result of campaigns to raise public
awareness of domestic violence, for example, the police may more often be called to
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such events. The logical progression is that assaults on police at domestic violence
incidents have increased partly as the result of them attending more of those incidents.
Nevertheless, the figures do indicate a steady increase in the number of assaults
on police and this should be taken seriously. The purpose of the section above was to
illustrate that such an increase is unlikely to be the result of a single factor, such as
decline in respect, but rather a culmination of a number of factors and influences.
Reliance on such figures to justify legal changes, including longer prison sentences,
without first engaging in greater analysis of the relationship between assault rates and
other factors should be avoided. Detailed analysis must be conducted in this area to
determine the true causes of the increase in assaults on police over the past ten years
before change is introduced. Otherwise we risk succumbing to reactive policy making
instead of taking proactive measures to truly understand these antisocial behaviours.
Declining respect for the police
One of the most prevalent themes to have emerged in response to the recent assaults is
declining respect for the police. Police Minister Judith Collins asserted that ‘…over
the past decade there has been a growing culture of disrespect towards the police’
(NZPD 23 February 2010). Collins then explained that she had asked the police for
advice on how to reduce the number of serious assaults on officers and concluded that
‘They [the police] have our full support to rebuild respect for the law’ (NZPD 23
February 2010). These comments from the Police Minister formed a central feature of
media reports provoking headlines such as, ‘Collins: Need to rebuild fear for law’
(The New Zealand Herald, 22 February 2010). Since the Police Minister holds a
position of authority on such matters, it is fair to assume that her widely reported
opinion will be significant in influencing public views on the matter. To base such
broad assumptions on a concept as difficult to measure as respect with regard to the
number of assaults recorded is to overlook some key considerations. Consultation of
crime surveys conducted in New Zealand in the past ten years, for example, indicates
that views of the police remains relatively good.
Research conducted for the New Zealand Police in 2006 found that ‘current
perceptions of police are dominated by a picture of an institution generally well
regarded and enjoying considerable public goodwill’ (UMR Research 2007, p.11).
This was confirmed in the 2006 NZ Crime and Safety Survey which found that 60%
of respondents rated the police as doing an ‘excellent or good job’, whereas only 13%
rated the police as ‘poor or very poor’ (Mayhew and Reilly 2007, p.80). Although the
positive rating had declined from the 1999 survey level of 74%, it remained consistent
with overseas surveys, finding the public to score the performance of the police better
than other criminal justice agencies. The significance of the sexual deviance scandal
that gave rise to the 2004 Commission of Inquiry into Police Conduct (Rowe, 2009)
should also be considered in the lower rating of police found in the 2006 survey.
Indeed, it is surprising that a far greater decline in respect for the police was not found
as the result of these events.
Important to note here is that both the UMR research and the NZ Crime and
Safety Survey show certain groups within the community tend to exhibit lower levels
of satisfaction with the police. The NZ Crime and Safety Survey found that police
were rated less well by Maori and also by Asians (Mayhew and Reilly, 2007).
Research conducted for the police (UMR Research, 2007) also demonstrated that
certain demographics gave lower ratings of the police, specifically, 18-25 year olds,
Maori, and new migrants. This confirms previous research identifying Maori distrust
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of the police and the feeling that the police harbour and engage in anti-Maori attitudes
and practices (James, 2000).
International literature also confirms that it is in areas of concentrated
disadvantage with high levels of poverty, unemployment and welfare assistance, that
lowest levels of satisfaction with the police are recorded (see Hinds and Murphy,
2007). Respect for the police therefore is far lower in certain areas of society than
others. Studies considering the assailant’s perspective in police assaults also show that
violence against the police is often set amidst violent encounters with other authority
figures including teachers, social workers and family members (Noaks and
Christopher, 1990). Meyer (cited in Moxey and McKenzie, 1993) also concluded that
police officers often bear the brunt of general anti-establishment feelings, which
indicates that assaulting the police is a complex issue with far deeper roots than
presumed. Compounding this complexity is the knowledge that is not unusual for
those with the lowest levels of trust and respect for the police to be in greatest need of
police assistance1 (Sunshine & Taylor, 2003: Stoutland, 2001). Attempting to address
this issue by simply engaging the theory of deterrence, reflects an over simplified
attempt to reduce incidents of assault on police. Tougher treatment of offenders,
including longer sentences, will not increase levels of respect but may in fact increase
contempt for the police and contribute further to anti-establishment feelings within the
most marginalised areas of society.
Police should be ‘feared and respected’
Police Minister Judith Collins suggests that tougher penalties are desirable to send a
clear message that the police are to be feared and respected (The New Zealand Herald
22 February 2010). Similar sentiment was expressed by Police Association President
Greg O’Connor who argues that examples of disrespect for the police, including
verbal abuse, should result in arrest and charges for insulting behaviour in order to
improve respect for the law (The New Zealand Herald 3 March 2010). Police
Commissioner Howard Broad also took a similar stance stating that, ‘It is the way of
the world that if you are not confronted about the small things that you do that offend,
then you are emboldened to do other things you think you can get away with’ (The
New Zealand Herald 23 February 2010). Problems with evidence surrounding such a
link are manifold 2 , but the issue to be addressed here is whether respect can be
garnered through formal sanctions for low level demonstrations of disrespect.
It has come to be accepted that effective crime control is dependent on public
cooperation with the police of which strong community relations form a vital part
(Sampson, Raudenbush & Earls, 1997). This is confirmed as a priority in the New
Zealand Police statement of intent (2008, p.11) by placing a focus on ‘community
reassurance by working more closely with communities to meet their policing needs’.
In order to do this successfully, the police must maintain legitimacy in the eyes of the
public. Evidence suggests that such legitimacy is not gained through threat of sanction
for petty disobedience, but rather through the use of fair practice and reasoned
decision making. Tyler (1997, p.336) maintains that ‘if people trust the motives of
authorities, feel that they are behaving neutrally, and feel treated with respect and
dignity, they are more willing to voluntarily defer to authorities and obey their
1
Victimisation surveys have helped to identify that most crime is intra-class rather than between social
classes (Young, 1988).
2
For a comprehensive critique of this logic and the policing style associated with it, see Harcourt
(1998).
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decisions’. This is further supported by studies in which the perpetrators of assaults on
police officers have been questioned regarding their motives (see Noaks and
Christopher, 1990).
In a study measuring satisfaction with police in Australia, Hinds and Murphy
(2007) found that views about police legitimacy influence public satisfaction with the
police, and that these views of legitimacy are influenced by procedural justice in
police decision making. Aspects of this procedural justice were defined as: ‘active
participation in discussions prior to police decision-making. Police decision making
that is neutral and objective, and, being treated with dignity and respect’ (Tyler cited
in Hinds and Murphy, 2004). Paternoster et al. (1997) also found that people’s
evaluations of initial police encounters were a better predictor of deference to the law
than the type of sanction experienced during that encounter. The significance of these
findings to the current discussion centres on evidence that trust and respect for the
police is based heavily on perceptions of how individuals are treated. Furthermore,
research on dimensions of trust in resident/police relations in the United States
indicates that issues of respect and fairness are of greatest significance to those living
in areas of concentrated disadvantage (Stoutland, 2001). The use of heavy handed
measures in efforts to enforce respect for the police therefore is not only unlikely to
increase levels of respect, but may worsen police community relations.
Fair and respectful treatment of those in groups who report the lowest levels of
respect from the police, including, young people, beneficiaries, and those associated
with gang members (James, 2000), is more likely to increase the respect given in
return to the police. Fridell et al. (2009) also found that poor community relations
increase the risk of officer assaults. In contrast, community policing that builds trust,
cooperation, and confidence is known to increase both satisfaction with police and
legitimacy in police authority (Greene, 1999). Findings on the effects of community
consultation, representing close links between the police and all aspects of the
community also indicate a link to reduced violence against officers (Wilson & Zhao,
2008).
Conclusion
Respect for the police is not an issue that can be readily enforced, demanded, or
garnered through increased police powers or sentencing changes. What is crucial is
that the police continue to invest time and resources in building healthy relationships
within all areas of society. The framework for action of this type is already
established and is a key concept of the community policing emphasis that already
exists in the New Zealand Police. It is important to remain steadfast to the principles
which underlie this system if increased respect for the police among socially
marginalised groups is to be achieved. Instead of heeding to alarmist sentiment, the
government should move beyond the dichotomous view of victims and offenders in
this issue to thoroughly investigate the causes of the rising assault rate. If results of
such research confirm that assaults on police in New Zealand are influenced by far
more than a simple “lack of respect”, steps should be taken to address those wider
issues. The true answers to reducing assaults on police may prove to be difficult to
implement, costly, and contrary to the pervasive “get tough” rhetoric surrounding
contemporary law and order policies. Failure to address these areas, however, will
leave the door open for further speculation that we live in an increasingly violent and
disrespectful society, to which even more punitive quick fixes are the solution.
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5
Examining reaction to the recent spate of assaults on police has highlighted a number
of considerations surrounding this issue. Firstly, the police statistics require greater
analysis to determine the factors involved in the increase noted over the past ten years.
Only when these factors are established will a true rise in disrespect for the police be
calculable. Secondly if disrespect can be identified, the reasons for this should be
thoroughly assessed. Finally, fear does not characterise a satisfactory relationship
between the public and the police. Building police legitimacy while addressing the
wider issues in areas where respect levels are lowest is likely to increase levels of
respect and reduce incidents of violence toward police officers.
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6
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