Policy restrictiveness and police pursuits (original) (raw)
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Police Use of Less Lethal Force: Does Administrative Policy Matter
Scholars have long theorized that constraining police officer discretion via organizational policy improves decision making. Empirically, prior research shows that more restrictive lethal force policies result in a reduction in the number of police shootings and in racial disparity. Yet, researchers have never examined the impact of less lethal force policies in relation to the full spectrum of less lethal force tactics. In addressing this research void, we examine 3,340 use of force incidents from three U.S. agencies, each varying in terms of policy direction and restrictiveness. The results consistently show that officers working within the most restrictive policy framework used force less readily than officers who operated within more permissive policy environments. Hence, police administrators wishing to reduce coercion should consider the potential effect that a more restrictive policy may have on such behavior.
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Pursuing an Answer: Bureaucratic and Legal Accountability in Local Law Enforcement Pursuit Policies
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Using qualitative and quantitative data obtained from 30 interviews with local law enforcement managers (12 county sheriffs and 18 municipal police chiefs), this study explores the decision-making processes used by these managers in the context of a pursuitrelated accident involving an innocent third party. My findings suggest that: (1) managers most often conduct internal investigations to ensure that their officers' behavior demonstrated adherence to the agency's standard operating procedures; (2) managers use multiple mechanisms, including consultations with legal actors and professional peers, to keep their pursuit policies updated with regard to case law; (3) policy restrictiveness shares a positive, but marginal, relationship with a manager's education level; (4) policy restrictiveness shares a negative, but marginal, relationship with a manager's total number of professional association memberships; and (5) policy restrictiveness shares a significant negative relationship with a manager's total years of law enforcement experience. Pursuit driving is one of the most captivating law enforcement behaviors in American popular culture. It is also one of the most easily recognizable situations in which public sector accountability and the phenomenon of multi-jurisdictional governance can be found. Consider, for instance, the Fox network's perennial run of World's Wildest Police Videos. Now in syndication, this show was essentially a compilation of agency-submitted videos showcasing police officers engaged in pursuits and other dangerous situations. Pursuits have also been fodder for news media reports, such as the recent piece written by journalist Lara Moore detailing her experience when a simple "ride-along" with Sgt. Cullen LaFrance of the Cumming, Georgia, Police Department turned into a "harrowing" police chase (Moore 2008), or the televised coverage of the 1993 O. J. Simpson pursuit spectacle. This can easily be seen as an issue to which scholars of social justice might attend, especially if one remembers that the infamous Rodney King beating was preceded by a pursuit. Surprisingly, scholarly attention to police pursuits has only developed recently. It is within this realm that pursuits have been most thoroughly scrutinized, and sometimes completely demonized. One might begin to question why police pursuits are so intriguing. Perhaps the
Controlling police (excessive) force: The American case
This article addresses the issue of police abuse of power, particularly police use of excessive force. Since the misuse of force by police is considered a problem, some entity must discover a way to control and prevent the illegal use of coercive power. Unlike most of the previous studies on the use of excessive force, this study uses a path analysis. However, not all the findings are consistent with the prior studies and hypotheses. In general, findings indicate that training may be a useful tool in terms of decreasing the use of excessive force, thereby reducing civilians’ injuries and citizens’ complaints. The results show that ethics training in the academy is significantly related to the use of excessive force. Further, it was found that community-oriented policing training in the academy was associated with the citizens’ complaints. A national (secondary) data, collected from the law enforcement agencies in the United States are used to explore the research questions.
In September 2011, Florida Highway Patrol officer Daniel Cole arrested 19-year old Danielle Maudsley for leaving the scene of an accident and detained her in the Pinellas Park substation. Handcuffed in the front of her body, Maudsley ran out the substation’s South entrance and into a parking lot closely followed by Cole, who shot Maudsley in the back with a conducted energy device (CED). In the video-taped incident, one can observe Maudsley spin, land on her back, and impact her head hard on the asphalt. After a few minutes, Maudsley lost consciousness and remains in a vegetative state (Glasser, 2012). This incident highlights the fact that foot pursuits can pose a significant risk not only to officers, but suspects as well. It also raises the question as to how many law enforcement agencies in the U.S. consider the use of CEDs on actively fleeing suspects an appropriate tactic. Unfortunately, there is no answer to this question. Despite the release in 2003 of a model foot-pursuit policy by the International Association of Chiefs of Police (2003) and increased concerns about the safety of foot pursuits over the last decade (Adcox, 2009; Bobb, 2003, 2005; Bohrer, Davis & Garrity, 2000; Graham, 2009; Pfeifer, 2007; Pinizzotto, Davis & Miller, 2002; Simpson, 2007), empirical research on the hazards of police foot pursuits is in its infancy (Kaminski, 2007; Kaminski, Rojek, Smith and Alpert, 2012) and national data on foot-pursuit policies and practices are not presently available. To begin to fill this gap in the literature, this study presents findings from a national survey of large law enforcement agencies in the United States administered in 2011. As discussed in detail below, findings indicate that in spite of the publication of a model foot pursuit policy by the International Association of Chiefs of Police in 2003 and safety concerns raised by law enforcement experts and the media, the majority of agencies surveyed did not have a written foot pursuit policy and most reported engaging in practices deemed risky to the police and the public. Few differences regarding policies, practices and training were observed by agency type and size, but the findings indicate several significant differences by region of the country.
The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes.' This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, this Article presents an assessment of current police policy development. After establishing the fundamental foundation for the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will be required to adhere to the vague standards of the "reasonable person."
To pursue or not pursue? That is the question: modeling police vehicular pursuits
American Journal of Police, 1996
Police vehicular pursuit is a method of policing that epitomizes a traditional response to the need to protect society. Police pursuits are perceived by both the public and the police themselves as one of the most important ways in which police "get the bad guys". The number of police pursuits that occur each year shows that this perception is based on the fact that these incidents are a common police use-of-force practice. While pursuits may be statistically rare in terms of the totality of all police responses per year, it is a frequent police use-of-force response. For instance, there have been estimates that between 50,000 and 500,000 police pursuits occur each year in the United States (Fennessy et al., 1970) 1. It seems apparent that the question about whether the police should pursue suspects is moot given these rather large numbers. Moreover, there are clearly situations where police must engage in vehicular pursuits. However, the way police pursue and the outcomes of pursuits can be understood better and perhaps managed more successfully on the basis of such understanding. Given the relative frequency of pursuits as a use-of-force technique, it is not surprising that a portion of them end unsuccessfully. It is perhaps remarkable that more pursuits do not end in accidents, given the nature of these situations and the motivations of both the police and persons being pursued. In fact, there are indications that only about onethird of all pursuits result in accidents. Research shows that of all pursuits, somewhere between 29 percent and 41 percent end in accidents (Auten, 1991; Falcone, 1994) and that one in every 58.3 (Auten, 1994) end in a fatality. Additional recent research by the International Association of Chiefs of Police (IACP) indicates that between 1982 and
Annals of The American Academy of Political and Social Science, 2004
Police compliance with the law is one of the most important aspects of a democratic society. Americans expect the police to enforce laws to promote safety and to reduce crime, victimization, and fear, but no one believes that the police should have unlimited power to do so. We expect police to enforce laws fairly according to law and rules that circumscribe their enforcement powers. The existence of these rules justify the claim that police are a rule-bound institution engaged in the pursuit of justice and the protection of individual liberties, as well as the battle against crime. This article reviews research on the extent to which police follow laws and rules, especially constitutional criminal procedure rules, addressing seizures, searches, interrogations, and deadly force. Also reviewed is research pertaining to police adherence to rules governing excessive force, corruption, and racial profiling. s the National Research Council's report airness and Effectiveness in Policing: The Evidence (hereafter referred to as the "committee's report") points out, police compliance with the law is one of the most important aspects of a democratic society. The committee reviewed research on police compliance with the U.S. Wesley G. Skogan has been a faculty member at Northwestern University since 1971 and holds joint appointments with the political science department and the Institutefor Policy Research. His research focuses on the interface between the public and the legal system. Much of this research has examined public encounters with institutions of justice, in the form of crime prevention projects and community-oriented policing. His most recent books on policing are On the Beat: Police and Community Problem Solving (Westview, 1999) and Community Policing, Chicago Style (Oxford University Press, 1997). They are both empirical studies of Chicago's community policing initiative. His 1990 book Disorder and Decline examined public involvement in these programs, their efficacy, and the issues involved in police-citizen cooperation in order maintenance. This LAWFUL POLICING 67