Policing a Democratic Society Exam 2

chapter 4, 5, and 6

Where did our policing model come from?

England

• in 1822, Sir Robert Peel criticized the poor English policing practices

When was the London Metropolitan Police created?

1829

3 big concepts the US police borrowed from Peel

1. mission was crime prevention

2. undertaken by preventative patrol

3. organizational structure was modeled from military

quasi-military structure of police

• wear uniforms

• use military rank designations- sergeant, lieutenant, captain

• command structure is hierarchal; flows from the top down

organizational style is very authoritarian- penalties for not following orders

How are police different from military?

• they serve a citizen population, rather than fight a foreign entity

• police provide services to help citizens, the help is often requested by them

• police are restricted by laws to protect citizens rights

• police trained to operate individually, rather than as a unit

What are critics saying of the militarization

• creates “us vs. them” mentality

• encourages a war on crime approach detrimental to citizens

• Command style is incompatible with democratic principles

• An authoritarian structure results in low moral and job satisfaction

• Great increases in SWAT units demonstrate this trend

San Bernardino, CA

San Bernardino County Department of Public Health had a Christmas party of 80 employees in a banquet room wehn Syed Farook and Tashfeen Malik entered at 11 am in black tactical gear

• in 2-3 minutes, fired more than 100 rounds, 14 killed and 22 seriously injured

• located about 4 hours later, engage in a shootout with police

• both are killed, 1 officer injured

23 officers fired 440 rounds

Police Bureaucracy

defined: the structure and set of rules that control the activities of people who work for these organizations

• characterized by standardized procedure, formal division of responsibility, hierarchy, and impersonal relationships

9 common characteristics

1. complex organization performing many different tasks in pursuit of a common goal

2. the different tasks are grouped in bureaus, separate divisions

3. the org structure is hierarchal or pyramidal, clear division of labor among levels

4. responsibility for specific tasks is delegated to lower-level employees

5. there is a clear chain of command which indicates who is responsible for doing a task and who supervises who

6. there is a clear unity of command so employees only answer to 1 supervisor

7. written rules and regulations are designed to ensure uniformity and consitency

8. information flows up and down the org through the chain of command

9. there are clear career paths for employees to move upward through the org in an orderly fashion

Police Professional Era (1900s-1960s)

most dramatic changes in police history

This was an organized push for professionalism

1. defined police as a profession

2. major push to eliminate politics in policing

3. advocated for police executives

4. raise personnel standards

5. applied modern management principles to policing

6. 1st specialized PD units were created

Birth of police Bureaucracies

the modern police bureaucracy was developed in the early 20th century

• borrowed concepts from business administration

typical police structure

• hierarchal command structure

• performs many tasks simultaneously

• tasks are ordered in a logical fashion

• lines of authority are clearly outlined

Criticisms of Bureaucracy structure

• rigid, inflexible, resists change

• communication can break down

• inward looking; self serving; isolated

• doesn’t effectively use employees’ talents and/or stifles creativity

Community Policing

4 Ds

• Decentralize: decisions move down to the rank and file to be more responsive

• Deformalize: eliminate some rules which prohibit that decision-making

• Despecialize: replace with neighborhood officers

• Delayerize: decrease distance to Chief

How effective is community policing?

Study looked at 353 large PDs- results:

• some support that community policing impacted organizational structure

• became less centralized, less bureaucratic, relied more on civilian PDs

• also found did not diminish distance between Chief rank and file

• also did not decrease specialized units

Creation of Task Force

operate within normal structure, but spreads out decision making

• all ranks can be assigned to 1 initiative

• selected on talents, not just rank

• all can make productive, innovative input

Multi-Agency Task Forces

Work multi-jurisdictionally with different agencies through formal agreements

• elimination of duplication of services

• share resources

• assist smaller PDs

• allow officers to work other jurisdictions

• increase amount of information to all

COMPSTAT

Used first by NYPD in 1994

• organizational tool to achieve crime control through accountability

• model uses intelligence, crime stats, tactics, rapid deployments, follow-up and evaluation

• at weekly meetings, Commanders must examine their responses/effectiveness

Claimed to assist in drastic crime drops

• 55% index crimes to 24% in others

• 66% homicide to 24% in others

• survey of 615 PDs showed 33% of large 11% of small used something similar

Six key features

• clarifies PDs mission/goals/values

• holds managers accountable

• authority handed down to commanders

• resources are transferred as needed

• data is used to identify problems and evaluate successes/failures

• middle managers use innovative problem-solving tactics

Police Civil Service Systems

formal and legally binding procedures covering personnel decisions

• ensure decisions are made on objective criteria, not on: bias, politics, favoritism

overseen by board or commission

Civil Service Hierarchies

Rewards: corresponds with officer’s rank and seniority; not performance

Seniority: more years = more pay

Status: assigned status in PD will have greater stature

Rank: officer carries rank until promoted

Police Unions

legally authorized to represent POs in collective bargaining with employer

• most POs in US belong to one

• represent 73% of municipal PDs and 43% of Sheriffs

• most 10 or less PDs are not represented

Three biggest police unions

FOP: oldest and largest represents about 50% (330,000 members)

• international association of police unions: 89 unions- 35,000 members

• Teamsters Law Enforcement League: 15,000 members in 225 PDs

Collective Bargaining

The method of determining conditions of employment through bilateral negotiations

• a structured framework to resolve differences

• in some departments, Chiefs must collectively bargain with 2-3 different unions

Grievance Procedures

provides for fair treatment/due process

• Basics: notified in writing; have a right to a hearing; allowed to have an attorney; right to appeals

Police Strikes

Illegal in some states, happens very rarely

Baltimore: 1974; San Francisco: 1975

Impact of Police Unions

• increased salaries and benefits

• 1960s: hard to find applicants

  • 1980s: plenty of qualified applicants

• reduced power of Chiefs; more input now from rank and file

• improved discipline process

• may have negatively influenced police/community relations

• big financial and political resources

3 theories of police organizational

1. Contingency Theory

2. Institutional Theory

3. Resource Dependency Theory

Contingency Theory

Dominant theory applied today

• organizations are created and structured to achieve a goal

• singe the organization is rational, it will adopt practices that are most effective/efficient to achieve that goal

Institutional Theory

Police orgs are social institutions that operate in relation to their social and political environment

• powerful actors influence the PD: Mayor, city council, citizens

• Police orgs do not create practices because they are efficient but instead because of conforming with other actors

• conform for more support and survivability

Resource Dependency Theory

Police organizations must obtain resources to survive and thrive

• to do that, they must exchange with other orgs in the environment

• Police organizations will adopt practices and activities to meet resource need, not because they are effective/efficient

Diversity in Policing

major changes in the past 50 years

• before: primarily male, white, only had high school education

• now: more diverse races, females, college degrees

• LAPD 1986: 16.5% Latino, 12.4% African-American

• LAPD 2009: 41% Latino, 12% African-American, 7% Asian

Influence of Professional Era

• defined policing as a profession

• eliminated political influence

• police executives to hear departments

• raise personnel standards for hiring

minimum requirements for candidates: IQ, Health, Moral Character

Where do Issues occur over a LE career?

• hire good recruits but don’t train them well

• train well but don’t supervise

• no good personnel evaluation system to award good performers

• fail to discipline unprofessional officers

• fail to provide career opportunities or fail to promote good officers

Civil Service Hiring Process

put in place to standardize processes and protect employee rights

• shared responsibility between PD and civil service entity to hire recruits

• Civil Service: develop job description, establish minimum standards, develop and conduct tests, announce job openings, certify applicants- PD will assist

General Applicant Process

3 primary components:

1. minimum standards

2. the recruitment effort

3. applicants decision to apply

Minimum Standards

minimum age is usually 21

• most PDs used to have a max age of 35- discrimination laws prevented this

• federal agents must be hired by 37 because the mandatory retirement age is 57

Height and Weight

30 years ago: 85% had height and weight requirements

• had to be around 5’08

eliminated by lawsuits by 1984

most use weight proportional to height

Education requirements

82% require high school, 7% of larger PDs require a college degree

• 1988: 65% of all sworn officers had some college, 22.6% had degrees

Criminal Record

95% of PDs refuse a felony conviction, 75% refuse juvenile felony convictions

• 30% reject felony arrest, 30% reject adult or juvenile misdemeanor conviction

• Some minor marijuana use may be allowed

FBI drug policy

candidates cannot have used marijuana or cannabis in any form within 1 year preceding the date of their application

• cannot have used any illegal drug, other than marijuana, within 10 years preceding the date of their application

Residency Requirements

many Pds require living within city limits

• believed to be about 1/4th of PDs

• done so officers are more familiar with the community they serve

• ACLU says 83% of LAPD live outside the area and are disconnected

Applicant Pool for Recruiting

size and quality are a direct reflection of PDs efforts

• open recruiting efforts, to include advertising, are required by law

2010 RAND report: 80% had minority plan, 74% for women, 66% for veterans and college grads, 50% prior police

Why do applicants apply?

Main reasons: the nature of police work and material benefits

Survey of male and female POs

• help people, job security, fight crime, excitement of job, prestige of job

How do you test applicants?

Series of tests

Generally: written, oral interviews, physical test, psychological exams, medical exams, and background investigation

• 26% also use polygraph

• 83% test for drugs

Oral Interview Boards

Used by almost all PDs

• average 45 minutes with 2-3 interviewers

The intent is to determine common sense, verbal communication skills, appearance, quick thinking, patience, motivations

• time intensive and expensive for PDs

• most use standardized format- use the same forms and similarly train interviewers

Background Investigations

Critical in Identifying negative factors

• criminal record, drug use, financial issues, negative work history, bad behavior

• all PDs do these before hiring, important liability measure

  • 97% of large PDs do a credit check

“Positive” applicant qualities

police do extensive tests to determine who are suited for the work

• Studies are not conclusive that recruit selection procedures are effective here

FBI- Characteristics of an ideal police officer

initiative

sense of ethics

respect and knowledge of laws

communication skills

common sense

civility

service mentality

humility

controlled tempter

thirst for new knowledge

Increased Diversity

Civil rights act of 1964 makes it illegal to discriminate due to race, sex, or ethnicity

• the 1972 EEO act extended that coverage to state and local governments

EEO index

measuring device to determine diversity composition of a police department

• divide the % of a particular minority group by the % of the same group in the community

Detroit Police Department

Underrepresentation of minorities have helped lead to race riots and community mistrust

• in 1996, African Americans were 30% of population, 3.9% of police officers

• today, Detroit PD is 63% African American, 34% White, 3% Hispanic- 75% male and 25% female

  • civil rights act lawsuits have helped increase these numbers nationwide

Women in Policing

Initial inroads were tough for female officers- PDs had to change policies to accommodate

• 1960s saw big changes in hiring

• 1972: 2%; 2000: 10.6%; 2006: 12%

• 7.5% of top command, 9.6% supervisory

Barriers for women recruits

Upper body Strength requirements

fear of on-the-job discrimination may deter

recruiting from military may miss some qualified females

authoritarian style of job turns off some female applicants

Goals of Diverse Police Force

Represents the community they serve

3 goals:

• ensure the employer is not discriminating and in compliance with the law

• improve police service by having minority officers that can relate to communities

• improve the PDs image/better police community relations

Training Academy

police professionalism movement greatly increased training

• tripled between 1950s to 2000s; average of 300 hours to 1400 hours for pre-service

• in 2006, PDS did an average of 1458 hours- 883 in the classroom, 575 in the field

Main purpose of the Academy

provide formal training

weed out unacceptable recurits; an average of 14% will drop

rite of passage in the police sub-culture

provide street skills for survival

Field Training Officer (FTO)

33% of PDs have this program

• allows new officers to work under an experienced officer

• many follow San Jose PD FTO program that started in 1972:

  • 16 weeks of classroom; followed by 14 weeks of field training

  • recruits work with 3 different FTOs for 4 weeks each

  • reports are made on all progress

Pre-service Training Importance

most important change in the past 30 years is development of state law requiring pre-service training

• CA and NY were the 1st in 1959

• in 1965, 85% of officers recieved no pre-service training

• adopted by most states in the early 1980s

Rookie Probation Period

generally a probation for 6 months to 2 years

Purpose:

• real life evaluation: the demonstrate abilities and pick up on attitudes during this period

• can usually be dismissed without cause

• about 7% are rejected during probation

Reality Shock

Many learning curves/new dynamics

• rude awakening is called “reality shock”

Dealing with Citizens

A new PO’s attitude change on this quickly

• Hostile encounters are usually rare, but they stick with you

• 35% agreed at the start of training that officers never receive cooperation from citizens

  • After 2 years on the job, it rises to 50%

Shock of being stereotyped

The misconceptions that the general public has about the police are now applied to you

• shock to new POs that they aren’t viewed as a person, but instead as bad and evil

“Dirty work begins”

You see society at it’s worst

• tends to taint your attitude about people

• can cause a negative viewpoint about the public

Encountering the CJ system

you now see the internal workings of the system as a new insider

• arrests dismissed or pled down; judges admonish police for actions

• POs can feel disrespected by attorneys and judges

can also shock and taint PO viewpoint

Dealing with their own department

NYPD study: POs cited more issues dealing with Department rather than public

• most felt PD did not care or support

DCPD Study: 82% satisfied with job; 87% trusted other officers

• only 63% trusted leadership; 51% chief

Early Police “sub-culture”

Unique, shared experiences tend to bind POs together in a unique way

Major 1970 Research Study

• found existence of a sub-culturw

• emphasized secrecy, solidarity, violence

Why did the police sub-culture form?

The primary reason was selective contact with the public

• also felt media, politicians, and lawyers were unfriendly to police

• 73% felt citizens were hostile- hostility to the public helped foster group solidarity among POs

Acceptance of Secrecy

Shield against “attacks” of outside world

• 73% said they would not turn in officer for taking money- said secrecy was more important than action

known as “code of silence”

• manifested in not testifying, or testifying untruthfully, to defend other officers

Use of Force

1970: Police sub-culture felt that the hostility they got from the public justified violence

• more than 1/3rd agreed

• more recent study said ¼ of the surveyed felt excessive force okay for someone who assaults another officer

A later sub-culture study

pointed out 2 factors which shaped the subculture dynamic: danger and authority

• Potential for danger is ongoing, so POs become routinely suspicious of the public

• Create visual cues to identify potential suspects

• Stereotyping is an impediment to good police-community relations

Inherent Shared Danger

contributes to sub-culture

• the potential for danger binds POs together

Revised Perspective (1970 vs. 2006)

Finding police are not as unified or possessing an “us vs. them” mentality

• more to reflect the communities they serve

• LAPD study: found factors such as morality, law, bureaucratic control, safety, and competency help shape the modern sub-culture

1970 study vs. updated

1970 study focused on negative traits: secrecy, lying, violence, was not a balanced picture

updated study used more neutral variables: paints a more balanced look

• safest approach is to recognize policing is very complex and can’t be reduced to simple stereotypes

Factors that modified the sub-culture

entry of more women into policing

changed the entire approach

women more communicative

study found 3 reactions to this:

• traditional

• modern

• moderates

Results of Women POs

Made major in-roads; sub-culture has evolved

• 12% of total police officers

79% of women said they had to work harder than males and felt they were treated differently

• 64% said they would recommend to other women, none saying they would not recommend

Minority Inclusion

had a major factor in sub-culture change

• African-Americans, Hispanics, and other minority groups made great strides in the past 40 years

• Some had to endure early discrimination and abuse; culture has changed

Studies: no difference in the way officers conduct themselves on the street or use force

Diversity in Policing

POs of different races, sex, ethnic backgrounds show no differences in citizen interaction

• discrimination is illegal

• Composition of PD affects how the community perceives it

• Different officers will have different perspectives

Education Generation Gap Influence

As education standards have increased, composition has changed

• 1960s: 80% had Highschool; 1998 down to 35%

• creates gap between older and younger POs

studies have shown little difference between groups in street work

some research states younger, educated officers have less complaints/use of force cases

Cohort effect (Young vs. Older)

Younger POs just think differently than older ones

• new groups come in, dominant views begin to change

Study found 2 cultures in PD

• Old street cop: valued street experience and tough, aggressive handling on citizens

• younger group: much more accepting of department which limits police discretion

Sub-culture labels

Hard Chargers: aggressively deal with situations; volunteer for danger

Station Queens: tended to avoid danger

Active Officer: initiate more citizen contacts; backup without being dispatched; make more arrests

Passive Officer: exact opposite

• studies generally show a few officers generate the most police activity

Police Considerations

salaries and fringe benefits are among the most important reasons why people join

• usually set by civil service or union contract

• some have incentive pay: 45% offer college; 14% hazardous duty

In-service training

important component of the officer professionalism

• skills can degrade

• CA requires 24 hours a year; UT- 40; NC- 24

• Programs vary greatly across the US, and it’s not mandated by all states

PO Career Development

sometimes an issue in policing

• Detroit PD: 50% low satisfaction here

• most room for promotion comes from higher rank or assignment to specialty

• usually required a time in service before promoting: 2-5 years average

Specialized Units

Very important to police officers as career opportunities

• usually at the chief’s discretion

• provides broad experience, department exposure, and reputation building

• coveted assignments as they are challenging and help promotion

Outside Employment

most officers have outside employment in private security and wear uniform

• DOJ says 50% in PDs work private security

• Problems:

  • Diminish Commitment to job

  • creates potential conflict of interest

  • can diminish credibility of PD

Job satisfaction

DPD in 1988: 61% medium satisfaction; 3/4th said they’d do it again

Factors of job satisfaction:

• nature of work- working with people

• organizational factors

• relations with community

• relations with media/political leaders

• personal family factors

Is policing stressful?

reported higher rates of suicide, alcoholism, heart attacks, divorce

CDC: PO suicide rate is 18 per 100000 compared to 14.6 to 25-50 yoa

• citizen disrespect, boredom, long periods of inactivity are also factors

• working with department

• observe all types of human suffering

How do PDs help with stress?

years back they either ignored the problem or just moved the officer

• many PDs have programs to assist

  • some use mental health professionals; some use peer support

• usually called Employee Assistance Program (EAP)

Turnover

about 5% leave every year

• this rate has held steady since 1960s

  • retirement, death, dismissal, voluntary

• women leave annually at 6.3% vs. 4.6% for men

  • pregnancy, single parent, childcare

Memphis PD study on why officers leave

• career has stagnated

• frustrations come to a lead

• lack of fulfillment

• family considerations

• conduct of co-workers

• particular department policy

• new opportunities