Reading 7: Social Theory and the Street Cop: The Case of Deadly Force Ideas in American Policing

Introduction

  • Title: Ideas in American Policing by David Klinger

  • Context: Commentary and insight from leading criminologists on crime and justice relevant to scholars, practitioners, and policymakers. \

  • Publication year: 2005

  • Author Background:

    • David Klinger, Ph.D.

    • Associate Professor of Criminology and Criminal Justice, University of Missouri–St. Louis

    • Former police officer (Los Angeles and Redmond, WA)

    • Research focus: Use of force by police officers

    • Recent book: "Into the Kill Zone" discussing personal issues faced by police officers when using force.

Role of Social Theory in Public Policy

  • Functions of Social Theory in crime and justice:

    1. Guides actions of criminal justice agencies and personnel.

    2. Explains to the public how and why agencies act.

  • Understanding social theory helps agencies to:

    • Set goals

    • Develop procedures

    • Tailor training for officers

  • Importance of social theory in policing:

    • Guides agencies in various endeavors

    • Enhances public understanding of police goals and methods.

Lack of Social Theory in Deadly Force Context

  • Importance of decision to use deadly force:

    • Police shootings can lead to profound social consequences, including political upheaval and riots (e.g., public reactions to officer-involved shootings).

    • General unease among the public about board armed policing (Chevigny 1996; Klinger 2004).

  • Existing moral judgments in discussions on deadly force:

    • Critics say, "Cops are trigger happy" when unarmed citizens are shot.

    • Supporters say, "Cops are heroes" when officers are injured in confrontations.

  • Need for a fresh frame of reference to understand police shootings beyond moral judgments:

    • Aim: Enlighten the public about police work, dangers faced by officers, and expectations of police conduct in threats.

    • Acknowledge that sometimes lethal force is unavoidable for officer and public protection.

  • Importance of restraint in democratic policing:

    • Evidence shows structured police-citizen interactions can reduce violence likelihood.

Tactical Principles to Reduce Deadly Force Usage

  • Importance of training in tactical principles in law enforcement:

    • Principles include tactical knowledge and concealment (Fyfe 2001; Scharf and Binder 1983).

  • Tactical Knowledge:

    • Officers should gather information before acting in potential violent situations.

    • Keeping a safe distance from potential threats to assess the situation effectively.

  • Concealment:

    • Officers should use barriers to minimize exposure to threats (e.g., patrol cars).

    • Benefits include:

    1. Dissuading potential attackers

    2. Allowing time to assess situations before reacting

  • Misunderstanding among the public about police engagement methods:

    • Efforts are often unnoticed and underrepresented in public dialogue.

Social Theory's Guidance in Policing Situations

  • Examples of social theory’s influence:

    1. Domestic Violence Policing Improvements

    • Shift to arrest policies for domestic violence based on research by Sherman and Berk (1984) demonstrated deterrent effect on future violence.

    • Deterrence Theory: Holds that punishing offenders leads to reduced offending (Beccaria 1764; Gibbs 1975).

    1. Community & Problem-Oriented Policing

    • Zero-Tolerance Policing: Based on the "Broken Windows Theory" (Wilson and Kelling 1982), tackling minor offenses to prevent serious crimes.

    • SARA Model (Scan, Analyze, Respond, Assess): Originates from Routine Activities Theory (Cohen and Felson 1979) focusing on crime prevention through understanding victim-offender dynamics.

Exploring the Sociology of Risk and Mistake

  • Overview of sociology of risk and mistake:

    • Examines individual behavior within organizations and the likelihood of unwanted outcomes (Short and Clarke 1992).

    • Focuses on social structures impacting officer decisions related to risk of injury or death.

    • High relevance for policy improvement aimed at avoiding mistakes and injuries.

  • Delivery of deadly force as part of complicated social systems with multiple actors.

Characteristics and Occurrences of Police Shootings

  • Frequency of officer-involved shootings (OIS):

    • Estimated few thousand annually; considered low-frequency events due to strict rules surrounding officer firearm discharge (Callahan 2001).

    • Legal conditions for firearms use include imminent threat to life and arrest of fleeing felons.

  • Psychological and tactical factors influencing officer restraint:

    • Officers trained to avoid confrontational situations and minimize their exposure to danger.

    • Difference in intention and capacity to shoot often leads to accurate decision-making.

Case Study Analyses: Unavoidable and Avoidable Shootings

  • Hypothetical cases showing tactical failure leading to avoidable shootings.

  • Actual cases illustrating avoidable and unavoidable shootings:

    1. Amadou Diallo Case: New York City, 1999

    • Officers fired 41 rounds in a poorly structured, tightly coupled situation, leading to the death of an unarmed citizen.

    • Analyzed through Normal Accident Theory (NAT) highlighting complexity and miscommunication leading to tragedy.

    1. Officer Lowry Case: Tacoma, WA, 1997

    • A close-quarters engagement resulting in the death of an officer. NAT principles applied to understand mistakes made by SWAT officers during confrontation, particularly with regard to the complexities of decision-making caused by perceived safety devices.

Concluding Implications of Normal Accident Theory

  • NAT's framework aids understanding and explains not only complex police encounters but also why some shootings are unavoidable.

  • Importance of acknowledging human error vs. malign intent in officer-involved shootings.

  • Recommendations for police:

    • Emphasize tactical simplicity and maintaining distance to avert unnecessary shootings.

    • Leverage sounds principles and tactical doctrines to enhance public understanding and officer effectiveness in violent situations.