Risky Situations: Sources of Racial Disparity in Police Behavior

Annual Review of Law and Social Science: Risky Situations: Sources of Racial Disparity in Police Behavior

Authors: Marie Pryor, Kim Shayo Buchanan, Phillip Atiba Goff
Institution: 1Department of Psychology, John Jay College of Criminal Justice, New York, NY 10019, USA; 2Center for Policing Equity, John Jay College of Criminal Justice, New York, NY 10019, USA
Copyright: © 2020 by Annual Reviews
Keywords: racism, policing, discrimination, behavioral realism, bias, police decision making
Abstract Summary:

  • Main Study: Swencionis & Goff identified five situations that can lead to racially disparate police behavior:

  1. Discretion

  2. Inexperience

  3. Salience of crime

  4. Cognitive demand

  5. Identity threat

  • Implications: The research identifies areas for further empirical study and possible institutional reforms to minimize officer biases leading to racial disparities in policing.

INTRODUCTION

  • Key Question: The focus is on persistent racial disparities in American policing and identifying their sources.

  • Methods of Understanding:

    • Relying largely on experimental studies (Eberhardt et al. 2004, Goff & Godsil 2016) with limited field analysis (Goff & Kahn 2012).

    • Economists focus on predicting disparities via yield rates, crime rates, and demographics while attributing unexplained disparities to personal biases (Gelman et al. 2007).

  • Limitations: Existing methodologies do not predict when or where disparities might occur, necessitating a focus on situational risk factors influencing biased behavior.

  • Historical Context: Criminal justice research has traditionally assessed risk in terms of offender behavior but less on police behavior leading to inequities (Goff & Rau 2020).

  • Behavioral Insights: Psychological research indicates individual attitudes are weak predictors of behavior, and external situational factors significantly influence behavior (Ajzen 1988, Dovidio & Gaertner 2000).

  • Racial Disparity Context: Police behavior can differ based on context, implying that even less biased officers might engage in racially disparate actions depending on situational cues (Martin et al. 2013, Swencionis & Goff 2017).

  • Practical Example: In 2013, reforms within the NYPD significantly reduced racial disparities in stop-and-frisk practices—illustrating institutional responsiveness to measured changes (MacDonald & Braga 2019).

SITUATIONAL RISK FACTORS FOR DISPARATE BEHAVIOR

  • Conceptual Framework: Human social behavior is shaped by individual dispositions and situational factors (rules, social norms).

  • Detailed Examination of the Five Factors:

1. Discretion

  • Definition: Discretion refers to the freedom officers have in making decisions without specific rules governing their behavior.

  • Impact of Ambiguity: Situational ambiguity increases the chance for racially disparate behavior; clear rules reduce bias (Dovidio & Gaertner 2000).

  • Policing Discretion in Practice: Officers often work without direct supervision, allowing personal prejudices to influence their decisions (Walker & Katz 2017).

  • Judicial Deference: The legal system allows substantial officer discretion in stops and use of force, interpreted through a lens favoring police autonomy (Graham v. Connor 1989).

  • Real-World Risks: Assignments such as undercover operations create high risks of discrimination; officers often rely on stereotypes in ambiguous situations (Buchanan & Goff 2019, Fijnaut & Marx 1995).

  • Examples:

    • Gang investigations often lead to erroneous categorization as gang members based on ambiguous criteria, which disproportionately affects racial minorities (Barrows & Huff 2009).

    • The FBI's gang database largely includes non-White individuals due to existing stereotypes and lack of clear identification standards (Dumke 2018).

  • Discretionary Power in Investigative Roles: Serious crime investigations often prioritize cases based on victim profiles, leading to neglect of marginalized communities (Corsianos 2003).

2. Inexperience

  • Overview: Inexperience in police work can exacerbate biased decision-making.

  • Training Effects: Greater task repetition improves performance and reduces bias (Kawakami et al. 2005, MacLeod 1998).

  • Racial Bias Patterns: Inexperienced officers may exhibit higher levels of bias in high-stress situations due to lack of familiarity (Payne 2001, Plant & Peruche 2005).

  • Demographics of Force Usage: Younger and less experienced officers are statistically more likely to be investigated for use of force incidents (McElvain & Kposowa 2004).

3. Salience of Crime

  • Crime Association: There exists a strong stereotype linking Black identity to criminal behavior, and exposure to such priming can increase discriminatory actions among officers (Eberhardt et al. 2004).

  • Experimental Evidence: Studies show officers and civilians make racially biased shooting decisions when primed with images of Black faces (Correll et al. 2002).

  • Policing and Crime Metrics: POLICE metrics evaluating performance solely through crime rates can exacerbate this bias (Goff & Buchanan 2020).

  • Contextual Implications: The stereotype's influence affects judgments in potential threat assessment situations, leading to disproportionate force against Black individuals (Eberhardt et al. 2004, 2006).

4. Cognitive Demand

  • Challenges in Police Work: Officers often face complex situations requiring quick decision-making under stress, which depletes cognitive capacity and exacerbates bias (Swencionis & Goff 2017).

  • Mental Load: Stress can compromise an officer's ability to control bias or express fair judgment (Anderson et al. 2005, Macrae et al. 1994).

  • Cognitive Shortcuts: Under cognitive overload, officers may rely on racial stereotypes to make decisions quickly (Bodenhausen 1988).

  • Effect of Organizational Stressors: Policies regarding accountability can exacerbate workplace stress, which is linked to decreased performance (Shane 2010).

5. Identity Threats

  • Concept of Identity Threat: Identity threat arises when individuals feel they are being judged according to negative stereotypes relevant to their identity (Steele & Aronson 1995).

  • Police Officer Vulnerability: Officers may experience dual identity threats—racial identity and professional identity.

  • Intersection of Racial and Gender Norms: Officers may engage in aggressive behavior out of insecurity regarding their social identity when under threat (Goff et al. 2012).

CONCLUSION

  • Complex Interplay of Factors: The work of police officers is characterized by multiple, intertwined risk factors that lead to discriminatory outcomes, often exacerbated by institutional and systemic issues.

  • Policy Recommendations:

    • Review training programs to mitigate reinforcement of biases.

    • Implement fair administrative practices to reduce cognitive load on officers.

    • Provide training addressing potential identity threat components for officers.

    • Establish more robust accountability systems for discrimination and excessive use of force.

  • Research and Reform Directions: The discussion highlights critical opportunities for future empirical research and the importance of institutional reforms in reducing racial disparities in policing practices.

DISCLOSURE STATEMENT

  • The authors declare no competing interests or affiliations that may bias the study.