Law Enforcement and Corrections Commons^™

Policing Celebratory Behavior: Tactical Vs. Relationship, A Micro Study Of Lexington Kentucky Police Response, Gregg Nelson Jones

Online Theses and Dissertations

In the last three plus decades, considerable attention has been given to certain common phases in the life cycle of gatherings, demonstrations, and riots in the United States. Much of the study focuses on theoretical origin and social psychology associated with each type of event. There is considerably less empirical work regarding police reaction to these events, particularly concerning celebratory behavior following a sporting event. Celebratory incidents are less organized than their protests counterpart. A variety of fans with collective zeal gather in a common location without leadership or mission. Celebratory behavior has become commonplace amongst fans in cities with …

The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon

Faculty Scholarship

Many contemporary civil rights claims arise from institutional activity that, while troubling, is neither malicious nor egregiously reckless. When law-makers find themselves unable to produce substantive rules for such activity, they often turn to regulating the actors’ exercise of discretion. The consequence is an emerging duty of responsible administration that requires managers to actively assess the effects of their conduct on civil rights values and to make reasonable efforts to mitigate harm to protected groups. This doctrinal evolution partially but imperfectly converges with an increasing emphasis in public administration on the need to reassess routines in the light of changing …

Examining Student Perceptions: Ethics And Misconduct In Today's Police Department, William Andrew Davis

Master's Theses

Police ethics and decision making are issues of concern to both academic scholars and police leaders. While previous studies have focused on perceptions of police officers, little research has focused on the perceptions of young people about police ethical decision-making. This study aims to capture such perceptions from a cohort of college students majoring in criminal justice. Students from an undergraduate criminal justice program (n=263) were surveyed to determine their attitudes toward various ethical components of police work, including the prevalence of misconduct and the impact of a college education on ethical decision-making. Moreover, the effect of successful completion of …

Response To Mental Health Calls: The Frontline Perspectives Of Police Officers, Communicators And Administrators, Sarah C. Dougall

Theses and Dissertations (Comprehensive)

Abstract

OBJECTIVES: The purpose of this study was to examine the lived experiences of frontline police personnel of a mid-sized police service in Southern Ontario. As the prevalence of mental illness increases, so do the calls for assistance to police services. Police officers often find themselves on the frontline and are often the first responders to mental health calls when an individual is in crisis (Wells & Schafer, 2006). With the majority of current research being quantitative in nature, this qualitative study allowed the voice of frontline police personnel to be heard in order to provide a complete picture of …

Street Stops And Police Legitimacy: Teachable Moments In Young Urban Men's Legal Socialization, Tom Tyler, Jeffrey Fagan, Amanda Geller

Faculty Scholarship

An examination of the influence of street stops on the legal socialization of young men showed an association between the number of police stops they see or experience and a diminished sense of police legitimacy. This association was not primarily a consequence of the number of stops or of the degree of police intrusion during those stops. Rather, the impact of involuntary contact with the police was mediated by evaluations of the fairness of police actions and judgments about whether the police were acting lawfully. Whether the police were viewed as exercising their authority fairly and lawfully shaped the impact …

Policing, Crime, And Legitimacy In New York And Los Angeles: The Social And Political Contexts Of Two Historic Crime Declines, Jeffrey Fagan, John Macdonald

Faculty Scholarship

This chapter tells the story of policing, crime, and the search for legitimacy over the past two decades in Los Angeles and New York City. Throughout this complex political, normative, and legal landscape, crime rates dropped dramatically in each city to levels not seen since the early 1960s. The chapter begins with a discussion of the evolution of policing in the two cities, assessing reciprocal and dynamic changes that reflected both the crises of crime epidemics and crises within the police. Next, it examines the role of litigation on the evolution of policing. Policing regimes in each city were challenged …

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Faculty Scholarship

This chapter identifies the origins of contemporary preventive endeavour in the work of the RAND Corporation in America, which developed highly technical studies of crime prevention based upon systems analysis. It suggests that RAND promoted a decidedly punitive style of prevention based upon policing and punishment that is replicated in modern ‘punitive preventive measures’. It criticizes these measures, emphasizing the perils they pose and the weakness of their empirical foundations. Most worryingly, these measures typically claim an apolitical, neutral emphasis on efficiency that fails to engage with the political values underlying them. In so doing, it tends to displace much …

Power Relationships And Authentic Organisational Learning : Daring To Break The Silence On Meaningful Dialogue In Policing Organisations, Lindsay B. Garratt

Theses: Doctorates and Masters

The 21st century presents great opportunities and threats for business: national and global markets are demanding high performance, innovation, creativity, and flexibility. Public sector organisations are continually asked to do more with less, with equal if not greater efficiency and creativity demands as the private sector. Organisational learning is a concept touted as an important and necessary strategy for organisations to keep pace with the rapid changing global environment that now plays host to opportunities as well as great economic and social volatility. However the reality for many is that they become proficient at the kind of organisational learning that …

Criminalizing The Classroom: The Rise Of Aggressive Policing And Zero Tolerance Discipline In New York City Public Schools, Udi Ofer

NYLS Law Review

No abstract provided.

Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis

Faculty Scholarship

Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York …

Police Discretion And Local Immigration Policymaking, Rick Su

Journal Articles

Immigration responsibilities in the United States are formally charged to a broad range of federal agencies, from the overseas screening of the State Department to the border patrols of the Department of Homeland Security. Yet in recent years, no department seems to have received more attention than that of the local police. For some, local police departments are frustrating our nation’s immigration laws by failing to fully participate in federal enforcement efforts. For others, it is precisely their participation that is a cause for concern. In response to these competing interests, a proliferation of competing state and federal laws have …

Profiling And Consent: Stops, Searches And Seizures After Soto, Jeffrey Fagan, Amanda Geller

Faculty Scholarship

Following Soto v State (1999), New Jersey was among the first states to enter into a comprehensive Consent Decree with the U.S. Department of Justice to end racially selective enforcement on the state’s highways. The Consent Decree led to extensive reforms in the training and supervision of state police troopers, and the design of information technology to monitor the activities of the State Police. Compliance was assessed in part on the State’s progress toward the elimination of racial disparities in the patterns of highway stops and searches. We assess compliance by analyzing data on 257,000 vehicle stops on the New …

Henry Louis Gates And Racial Profiling: What's The Problem?, Bernard E. Harcourt

Faculty Scholarship

A string of recent studies has documented significant racial disparities in police stops, searches, and arrests across the country. The issue of racial profiling, however, did not receive national attention until the arrest of Professor Henry Louis Gates, Jr., at his home in Cambridge. This raises three questions: First, did Sergeant Crowley engage in racial profiling when he arrested Professor Gates? Second, why does it take the wrongful arrest of a respected member of an elite community to focus the attention of the country? Third, why is racial profiling so pervasive in American policing?

The answers to these questions are …

Neoliberal Penality: A Brief Genealogy, Bernard E. Harcourt

Faculty Scholarship

The turn of the twenty first century witnessed important shifts in punishment practices. The most shocking is mass incarceration – the exponential rise in prisoners in state and federal penitentiaries and in county jails beginning in 1973. It is tempting to view these developments as evidence of something new that emerged in the 1970s – of a new culture of control, a new penology, or a new turn to biopower. But it would be a mistake to place too much emphasis on the 1970s since most of the recent trends have antecedents and parallels in the early twentieth century. It …

Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado

Michigan Law Review

Policing styles and policy reform today exhibit a ferment that we have not seen since the turbulent sixties. The reasons propelling reform include some of the same forces that propelled it then - minority communities agitating for a greater voice, demands for law and order - but also some that are new, such as the greater premium that society places on security in a post-9/11 world. Three recent books discuss this new emphasis on styles of policing. Each centers on policing in minority communities. Steve Herbert's Citizens, Cops, and Power: Recognizing the Limits of Community examines the innovation known as …

Police And Democracy, David Alan Sklansky

Michigan Law Review

Part I of the Article describes the emergence in postwar America of a particular understanding of a democracy, an understanding generally referred to as "democratic pluralism," "analytic pluralism," "pluralist theory," or simply "pluralism." We will spend a fair bit of time unpacking pluralism, because its fine points will prove important when we turn to the task of tracing its reflections in criminal procedure. That task is taken up in Part II, which examines the ways in which the central tenets of democratic pluralism found echoes in criminal procedure - construed broadly to include not only jurisprudence and legal scholarship but …

Against Prediction: Sentencing, Policing, And Punishing In An Actuarial Age, Bernard E. Harcourt

Faculty Scholarship

Actuarial methods – i.e., the use of statistical rather than clinical methods on large datasets of criminal offending rates to determine different levels of offending associated with one or more group traits, in order to (1) predict past, present or future criminal behavior and (2) administer a criminal justice outcome – now permeates the criminal law and its enforcement. With the single exception of racial profiling against African-Americans and Hispanics, most people view the turn to the actuarial as efficient, rational, and wealth-maximizing. The fact is, law enforcement agencies can detect more crime with the same resources if they investigate …

Force, Inc.: The Privatization Of Punishment, Policing, And Military Force In Liberal States, Clifford Rosky

Utah Law Faculty Scholarship

Should our punishment, policing, and military institutions be public, private, or both? Is there a special link between the project of government and the exercise of force? These two questions have vexed philosophers for several centuries, and lately, they have begun to present more practical problems as well. In the past three decades, private punishment, policing, and military markets have blossomed and boomed in liberal states. Private prisons, police, and armies have been popping up around the world, punishing criminals, fighting crimes, keeping peace, and waging war. The use of force has generated unprecedented profits, and the boundaries between public …

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Oklahoma Law Review

No abstract provided.

Reexamining The Posse Comitatus Act: Toward A Right To Civil Law Enforcement, Sean J. Kealy

Faculty Scholarship

The military is currently prohibited by federal statute from participating in domestic law enforcement. The Posse Comitatus Act of 1878 ("PCA") establishes criminal penalties for people who willfully use members of the Army or the Air Force to execute the laws. Although a product of the Reconstruction Era, this law reflects a strong American tradition against the domestic use of the military that stretches back before the founding of the nation.

The Preventive Effects Of Arrest On Intimate Partner Violence: Research, Policy And Theory, Christopher D. Maxwell, Joel H. Garner, Jeffrey A. Fagan

Faculty Scholarship

This research addresses the limitations of prior analyses and reviews of five experiments testing for the specific deterrent effect of arrest on intimate partner violence by applying to individual level data consistent eligibility criteria, common independent and outcome measures, and appropriate statistical tests. Based on 4,032 cases involving adult males who assaulted their female intimate partners, multivariate regression analyses show consistent but modest reductions in subsequent offenses targeting the original victim that is attributable to arresting the suspect. Although the reductions attributable to arrest are similar across all five studies, other factors, such as the suspect's prior arrest record, are …

Into The Blue: A Celebration Of 80 Years For Women In Policing In Western Australia, Mel Ainsworth, Duane Bell, Irene Froyland

Research outputs pre 2011

No abstract provided.

Police Under The Gun, Richard C. Reuben

Faculty Publications

Back in 1968, Justice William O. Douglas warned in a dissenting opinion in Terry v. Ohio, 392 U.S. 1, that the Court was opening a Pandora's box by eschewing the traditional "probable cause" standard for Fourth Amendment search and seizures in traffic stop cases, and permitting warrantless detentions based merely on "reasonable suspicion."

More than a quarter-century later, the confusion over the "reasonable suspicion" approach is still commanding the Supreme Court's attention. A pair of cases on the justices' argument calendar this spring address the tension between legitimate traffic stops and those based on pretext.

The Ethics Of The "Unprofessional Profession", Gerald Caplan

Michigan Law Review

A Review of Character and Cops: Ethics in Policing by Edwin J. Delattre

Police Killings And Capital Punishment: The Post-Furman Period, William C. Bailey, Ruth D. Peterson

Sociology & Criminology Faculty Publications

In view of (1) escalating national attention and political and judicial activity centering on capital punishment during recent years and (2) concomitant changes in police killing rates, this paper investigates the impact of the death penalty on rates of lethal assaults against the police for the post-Furman period, 1973–1984. In keeping with recent investigations of deterrence and general homicides, multiple regression is used as a means of controlling for the influence of possible confounding variables in examining the capital punishment/police killings relationship. Consistent with previous investigations, the present analysis provides no indication that our national return to capital punishment …

Order And Civil Liberties: A Complex Role For The Police, George Edwards

Michigan Law Review

The Honorable Edward J. Jeffries was Mayor of the City of Detroit at the time. He was a great mayor; but he had not known that this terror was imminent or that it was even possible. This attitude was shared by most of the city's residents, and to say that Detroit was not ready for this outburst of racial strife would be to put it mildly. In this respect, every mayor in America would find it useful to read a recent journalistic account of the events of that twenty-four-hour period. The authors of this commentary were not very kind in …

Co-Operation Between The Judiciary And The Police, John B. Waite

Articles

"The problem in which I have been interested is the reason for the great disproportion between the number of arrests by the police and the number of convictions resulting...." Professor Waite expresses his opinion that judges occasionally thwart police in their lawful activities out of distrust or ignorance of police practices by capriciously interfering with criminal procedure.