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CHAPTER TWO POLICING IN THE AMERICAN CONTEXT 16 CHAPTER TWO LEARNING OBJECTIVES: After reading chapter two, students should be able to: 1. Describe the nature and characteristics of policing in a democracy and under federalism. 2. Identify various elements of the policing environment in America and discuss their influence on the practice of policing. 17 CHAPTER TWO SUMMARY: Democracy and federalism have contributed to the unique nature of policing in America. Democracy is the institutionalization of freedom. Among democracy’s implication for policing is the need to balance due process against crime control. Federalism divides government power and decision-making capabilities between levels of government, and this has led to the creation of federal, state, and local law enforcement agencies. The environment of policing includes citizens, government officials, the media, and other law enforcement agencies. Citizen support for police is affected by factors like race, age, sex, and prior contact. Government influence over policing occurs through executive, legislative, and judicial channels. The media can both help and hurt law enforcement agencies, but skilled police administrators engage in impression management to ensure a favorable public image. Two methods of promoting interagency communication are participating in professional associations a keeping abreast of research. 18 CHAPTER TWO OUTLINE: I. II. III. IV. Introduction Policing in America A. Policing in a Democracy 1. Consequences of Democracy for Police 2. Balancing Due Process and Crime Control B. Policing and Federalism 1. Features of Federalism 2. Federalism and Policing The Policing Environment A. Citizen Support 1. Race and Support 2. Age and Support 3. Men vs. Women 4. Prior Contact 5. Other Factors Affecting Public Perceptions 6. Sheriffs and the Electorate B. Government Officials 1. Executive Influence 2. Legislative Influence 3. Judicial Influence C. The Media 1. Media Portrayal of the Police 2. Impression Management 3. The Public Information Officer: An Asset? D. Interagency Communication 1. Professional Associations 2. Research Reports Summary 19 CHAPTER TWO LECTURE OUTLINE: I. II. Introduction Policing in America A. Policing in a Democracy -Democracy is defined as a form of government that vests supreme authority in the people, usually through their freely elected representatives -In a democratic nation, the police force must balance the demands of enforcing the law and respecting citizens’ rights 1. Consequences of Democracy for Police -Democracy makes some types of crime inevitable because of the freedoms afforded to its citizens -The Bill of Rights outlines the rights of American citizens and is essential to American democracy 2. Balancing Due Process and Crime Control -Due process model -Likened to an obstacle course -Quality favored over quantity -Formality favored -Faith in court systems -Crime control model -Likened to an assembly line -Quantity favored over quality -Informality favored -Faith in “street justice” and police discretion -Prominent model in U.S. B. Policing and Federalism -American government characterized by two components -Democracy -Federalism 1. Features of Federalism -Helps democracy through participation at all levels of government -Laws crafted by both central and constituent powers -Cooperative federalism is the U.S. model 2. Federalism and Policing -Federalism defines various levels of government and law enforcement -Federal government and state government are the main divisions -Both are still related -Divided levels of government can create both tension and cooperation -Federal government can affect state government by controlling budgets III. The Policing Environment 20 A. B. Citizen Support -Most significant environmental factor in policing -Citizens vastly outnumber police -Citizens can influence police through several methods -Citizens elect some public officials who may then govern police -Police rely on citizens for information. -Perceptions of police vary across demographic groups 1. Race and Support -Most powerful predictor of support (or lack thereof) for police -Caucasians view police more favorably than non-Caucasians 2. Age and Support -Young people are less supportive of police than the elderly -Young people are more likely to have negative encounters with police, such as traffic violations, than the elderly 3. Men vs. Women -The distinction in support levels for police by men and women is unclear 4. Prior Contact -The more involuntary contacts a person has with police, the less supportive of them he or she will be -If the encounters are regarded as favorable, the levels of support may remain high -Negative encounters lower the levels of support for police 5. Other Factors Affecting Public Perceptions -Income level studies show that the wealthy tend to be more supportive of police than the poor 6. Sheriffs and the Electorate -Sheriffs are elected officials and hence rely on citizen support -Sheriffs are accountable to county boards and the electorate Government Officials -Government officials are important environmental factors for policing -There are three branches of government that influence policing 1. Executive Influence -There are two forms of city government. -Council-manager form -Most common in cities over 12, 000 people -Elected city council is responsible for all policy decisions -Mayors often lead the city council and act as ceremonial figures. -Mayor-council form -Strong-mayor variation gives mayor virtually unlimited authority over city operations, including hiring and firing decisions. -Weak-mayor variation uses the mayor in city council operations. -City councils 21 C. -Integral to police agencies because they enact policies and determine certain funding decisions. -Mayors -Most mayors serve under a “checks and balances” system, using authority with oversight from a city council. -Police Commissions -Determine some policies for police departments -Oversee police department operations 2. Legislative Influence -Congress -Passes federal policies that sometimes relate to law enforcement -State legislatures -Passes state laws that police officers must enforce -Also sets important precedents which may apply to law enforcement -Financial grant institutions -At the federal and state level, these entities provide financial grants to police departments, but only if those departments agree to use the grant money toward a specific cause. 3. Judicial Influence -Both U.S. and state Supreme Court decisions eventually trickle down to all law enforcement. The Media -Constantly scrutinizes police -Media can act as the “best friend and worst enemy” of every police organization 1. Media Portrayal of the Police -“If it bleeds, it leads” -News broadcasts and television shows give priority to crimerelated events and plots. -Racial aspect of media coverage -Minorities often portrayed unfavorably in police-related media -Media portrayals of the concept of “justice” -Concept of “justice” typically unrealistic in crime shows 2. Impression Management -A media relations concept that involves controlling the presentation of information to achieve a desired public perception. -Dramaturgical discipline -Achieving a balance between reporting facts, and putting a “spin” on those facts to create a desired impression. 3. The Public Information Officer: An Asset? -Police department spokesperson. The media must go through the public information officer to gather information about the department. -Lovell conducted research related to police public relations -Found the departments with a public information officer did not have a more favorable image in the media. 22 D. -Asserted that police departments should have a media strategy instead of media policies. Interagency Communication 1. Professional Associations -International Association of Chiefs of Police (IACP) -Most well-known law enforcement agency -Membership of 20,000+ police officers in 89 countries -Founded in 1893 -Hosts annual meeting to facilitate interagency communication -Membership not restricted to chiefs of police -National Black Police Association -Created a network of minority police officers -Membership is not restricted to African Americans -International Union of Police Associations (IUPA) -Lobbyist organization -Represents rank-and-file police officers and unions, nationwide -International Police Association (IPA) -Largest police professional association in the world -Works to advance international police cooperation and social bonds among police 2. Research Reports -The National Institute of Justice (NIJ) -A research, development and evaluation agency within the Department of Justice (DOJ) -Research grants from NIJ are very difficult to get, but usually produce high quality research. -NIJ also provides an annual report to Congress about its research -Police Executive Research Forum (PERF) -Dedicated solely to police administration research -Nonprofit rather than government entity -Police Foundation -Dedicated to all aspects of policing research 23 IV. Summary Democracy and federalism have contributed to the unique nature of policing in America. Democracy is the institutionalization of freedom. Among democracy’s implication for policing is the need to balance due process against crime control. Federalism divides government power and decision-making capabilities between levels of government, and this has led to the creation of federal, state, and local law enforcement agencies. The environment of policing includes citizens, government officials, the media, and other law enforcement agencies. Citizen support for police is affected by factors like race, age, sex, and prior contact. Government influence over policing occurs through executive, legislative, and judicial channels. The media can both help and hurt law enforcement agencies, but skilled police administrators engage in impression management to ensure a favorable public image. Two methods of promoting interagency communication are participating in professional associations a keeping abreast of research. 24 CHAPTER TWO DISCUSSION QUESTIONS: 1. Do you agree or disagree with electronic eavesdropping by federal investigators as part of antiterrorism intelligence gathering? Why or why not? 2. How does democracy make some crime inevitable? 3. Figure 2-2 lists the Pillars of Democracy. Pick the top three that are most important to you. Explain how you arrived at your decision. 4. Compare and contrast the Crime Control Model with the Due Process Model. Which do you favor and why? 5. Why are young people typically unsupportive of police? Do you agree or disagree with this research finding? Why or why not? 6. Why are people who feel excessive disorder in their own neighborhoods unsupportive of police? 7. Compare and contrast the Council-manager form of city government with the Mayor-council form of city government. Which do you support and why? 8. In your opinion, which branch of the government has more power over law enforcement? Why? 9. List crime television shows that you watch regularly. Are you more likely to watch a news broadcast if it includes crime-related headlines? 10. Do you think police agencies communicate effectively? Why or why not? How would you improve interagency communication? 25 CHAPTER TWO REVIEW QUESTIONS AND ANSWERS: Q1. What are the distinguishing features of policing in a democracy? How has our system of federalism affected policing in the United States? A. -First, democracy can actually make policing more challenging because of the freedoms afforded to citizens. Citizens of democracies may even have certain rights provided to them, and these rights govern and regulate policing. It is because police have to abide by these “rules” that the job can be challenging in a democracy. Democracy may even make certain crime inevitable because it typically prioritizes citizens’ rights. -Policing in a democracy usually assumes one of two model choices. The first, the crime control model, emphasizes quantity over quality in police work. It also favors informality and ascribes faith to police decision-making. Also, this model illustrates a presumption of guilt and controlling crime at all costs. -The second model is the due process model. This viewpoint is the polar opposite of the crime control model. It values quality of police work rather than quantity. It also prefers formality in the justice system and ascribes faith to the court system. There is a presumption of innocence and an emphasis on protecting people’s rights at all costs. -Federalism uses a central governing authority and constituent authorities. This duality has affected policing in the United States in two major ways. First, the passage of laws on both the federal and state levels raised the volume and complexity of laws for police to enforce. Second, federalism has increased both tension and cooperation between law enforcement agencies due to the level of coordination that must occur between both levels of a federalist government. Q2. What is the policing environment? Which aspect of the policing environment do you believe is most important? A. -The policing environment consists of many different influencing factors. Citizen support is the most significant environmental factor for policing. Citizens elect political officials who then hold power over police departments. Also, citizens often inform police about crime concerns, as well as provide investigative tips. Because citizens outnumber police, their support and influence is vital. -A second factor in the policing environment is race. Racial minorities typically don’t support police efforts, and therefore can make the police environment a difficult one. This is also dependent on the activity the police engage in with the minority. If the activity involves use-offorce, obviously this affects the policing environment differently than police-citizen interaction in a town meeting. -A third factor in the policing environment is age. Younger people tend to be less supportive of police than the elderly. Usually, this is because younger people have more encounters, 26 especially negative encounters, with police than the elderly. Even something as minor as a traffic citation may make a negative impression of the police in a youngster’s mind. -Gender seems to be a factor in the policing environment. Men tend to favor the police more than women but the research is murky on the exact effects for either sex. -Finally, prior contact is paramount in the policing environment. Individuals who have had more encounters with police, especially negative encounters, typically favor the police less than individuals who have had fewer encounters. However, if the encounters were positive, then the individual may keep their original favorable impression of police. -The government, both state and federal level, are both part of policing as well. Various government bodies, such as city councils, judicial court systems, and even legislatures all affect the policing environment by changing the laws to be enforced, controlling the monetary flow of police departments, or creating regulatory policies. -Finally, the media has a broad affect on the police environment. Perceptions of police have been totally altered by popular television shows, and often these perceptions are unrealistic at best. Some police departments have even taken to having a public information officer who specializes in acting as a media liaison, though this position has proven ineffective in establishing a positive police perception. 27 CHAPTER TWO WEB PATROL LINKS AND DESCRIPTIONS: 2-1. Wikipedia, “Fajitagate” http://en.wikipedia.org/wiki/Fajitagate This website offers an article segmented into summary and detailed sections about “Fajitagate,” the series of scandals among San Francisco police officers. 2-2. Democratizing the Police Abroad: What To Do and How To Do It http://www.justiestudies.com/pubs/democratizing.pdf This file is a report from the Department of Justice branch, National Institute of Justice, about International policing. The report is broken down into chapters with full references at the end. 2-3. Public Opinions of the Police http://www.justicestudies.com/pubs/publicopinions.pdf This article reviews differences in perception levels about police among various demographic groups within the American population. The Department of Justice report, dated 2004, is provided in pdf format for student viewing. 2-4. Satisfaction With Police: What Matters? http://www.justicestudies.com/pubs/satisfaction.pdf This National Institute of Justice research article investigates the influences that cause people to favor police. Specifically, the authors look at how people’s perceptions about the quality of their own lives affects levels of support for police. 2-5. The Public Image of the Police http://www.theiacp.org/profassist/ethics/public_image.htm This is the homepage for the professional organization, the International Association of Chiefs of Police. Links to various details about the IACP are included. 2-6. Police and the Media http://tinyurl.com/35elvy This is a link to a first-person account of a media expert participating in an internship with police. This first-hand account provides students with a narrative perspective on the relationship between police and the media. 2-7. Professional Associations in Law Enforcement http://www.talkjustice.com/links.asp?453053931 This website provides an index of professional associations of law enforcement. Students can peruse the index and select from more than 50 websites. 28