MODULE #2 Flashcards
Griffiths (2013) provided a summary major factors that influence general police decision-making in any given encounter (General Factors Influencing Police Decision-Making)
(4)
(1) The policing task environment,
(2) The person of interest,
(3) The individual police officer, and
(4) Visibility of the decision.
policing task environment refers to: (2)
(1) the environment in which a police officer is working.
(2) High-density downtown environments comprised of ethnically diverse populations will present significantly different challenges to police officers than remote, rural areas
The person of interest
2
(1) The specific attitudes and behaviours of the person confronted by police will also affect police decision-making.
(2) A person pulled over for speeding who is polite and respectful may be treated differently by a police officer than someone who is belligerent and confrontational.
Visibility of the decision
technology and phone cameras have increased the visibility of police decision-making
Griffiths (2015) identifies several other factors influencing police decisions
(3)
(1) community/political pressure,
(2) the seriousness of the alleged offence, and
(3) laws and policies.
Individual Police Officers and Decision-Making Constructs (2)
(1) the attitudes and beliefs of individual police officers may also influence decision-making in any encounter.
(2) Each individual officer will enter an encounter with his or her own biases and interactional styles that will impact the direction and/or outcome of that encounter.
people routinely use decision-making shortcuts to cut through complex information, often focusing on specific aspects of a problem to make decisions. Griffiths has identified two types of decision-making strategies employed by police-officers:
(1) typifications
(2) recipes for action
typifications (2)
(1) Refers to the various ways in which police officers quickly categorize The people and situations they encounter
(2) could include any visual cue that a police officer could use to draw quick inferences about an individual or a situation.
Recipes for action
The actions taken and decisions made by police officers in various encounters
One of the concerns that quickly emerge when we look at typficiations and recipes for action in the context of police decision-making is:
that they are often informed by inaccurate stereotypes
Discretion
refers to the freedom of police officers to use their judgment and choose among the options when confronted with the need to make a decision
Police exercise discretion: (7)
(1) To arrest
(2) To stop, question, or frisk
(3) To use physical force
(4) To use deadly force
(5) To investigate a complaint as a crime
(6) To use certain enforcement tactics
(7) To write traffic tickets
selective (or situational) enforcement (3)
(1) the discretionary enforcement due to the inability of police officers to enforce all of the laws all of the time
(2) if the police enforced every law all the time they would quickly become overwhelmed and courts would face a large backlog.
(3) Many violations of law are minor and the fact that our expectations of what police do extends beyond crime-fighting to include community services presumes that police officers should often work with the public to resolve concerns without progressing further into the justice system.
In his book Urban Justice, Herbert Jacob (1973, p. 27) outlined several major categories of factors that could influence police discretionary decision-making: (4)
- Characteristics of the Crime
- Relationship between alleged criminal and victim
- Relationship between police and the criminal or victim
- Department or legal policies
Characteristics of the Crime
Serious or violent crimes are more likely to result in arrest
Relationship between police and the criminal or victim
Police may be less likely to make an arrest in encounters where the victim and offender know each other
Relationship between police and the criminal or victim
Citizens who are respectful in their encounters with police officers may be less likely to be arrested
Department or legal policies (2)
- Police department may differentially emphasize arrests for certain behaviours.
- Departments emphasizing ‘broken windows’ policing may encourage arrests for nuisance behaviours
According to Goff (2017), police officers generally consider three factors in their day-to-day operations:
- The crime
- The attitude of the citizen
- Standards and policies
The crime
The type and seriousness of crime being investigated plays a great role in determining whether police will exercise their legal authority.
The attitude of the citizen:
The attitude of the citizen involved in the police encounter. Research suggests that disrespectful or defiant behaviour will often trigger the police to exercise their legal authority
Standards and Policies as it relates to use of discretion: (2)
- Policing standards and departmental policies can be enacted that limits the use of discretion in certain situations.
- Many jurisdictions employ a zero-tolerance policy for 911 calls for alleged incidents of domestic violence leaving police officers with no option but to make an arrest and lay charges.
One of the most important areas of police discretion is:
the use of force in law enforcement encounters
In Canada, the use of force by police officers is governed by: (2)
(1) statutes and case law.
(2) Several sections of the Criminal Code of Canada permit the use of force by police officers.
The Supreme Court of Canada reiterated that the use of force by police officers should be:
constrained by principles of “proportionality, necessity, and reasonable”
force options model refers to
the working model or continuum of use of force options in relation to threats posed that forms the basis of most police training models in Canada
force options model (2)
(1) sets out what an appropriate level of force is in response to particular levels of threat
(2) also provides police administrators and judicial review personnel with criteria for evaluating the appropriateness of use of force decisions by police officers
In general most police models of use of force in Canada are based on the:
one-plus-one standard
one-plus-one standard
allows police officers to use one higher level of force than that with which they are confronted.
Less lethal force options
refer to control techniques that are unlikely to cause death or serious injury
While the Taser is considered a non-lethal force option its employment by police services is not without controversy.
(3)
(1) Police Implementation and Policy
(2) Effectiveness
(3) Physiological impact
Controversy of Police Implementation and Policy regarding the taser (2)
(1) Some U.S. reports indicate that the categorization of the Taser on use of force continuums vary across police services.
(2) Other reports suggest that the Taser is disproportionately employed against male African American or Hispanic males and is frequently used when suspects exhibit signs of mental illness.
Controversy of Effectiveness of the taser (2)
(1) As a non-lethal force option does the Taser effectively control or subdue suspects?
(2) Research generally indicates that the use of the Taser is associated with reductions in injuries in police-citizen encounters.
Controversy of Physiological Impact of the taser
2
(1) As a non-lethal force option the Taser should not produce any long-term harmful effects when administered.
(2) Studies of Taser-proximate deaths in police-citizen encounters have found that the Taser was not listed as a direct cause of death in any cases
Braidwood Inquiry
3
(1) would eventually conclude that the RCMP officers failed to make any real effort to de-escalate the situation and that there was no justification in tasering Dziekanski.
(2) In addition, the final report pointed to conflicting reports offered by the officers involved.
(3) Two RCMP officers – Monty Robinson and Kwesi Millington – were later convicted of perjury.
What three extralegal factors influencing police decision making does Schulenberg (2016) identify?
(1) mental health status
(2) whether a citizen under the influence of alcohol or drugs increases the likelihood of an arrest
(3) definitions and the influence of citizen demeanour
What three reasons for the need for research on factors affecting the use of police discretion does Schulenburg (2016) identify?
(1) Mobile crisis teams consisting of a mental health professional riding with a police officer are prevalent but continue to be restricted in their ability to respond to the higher number of PMI-related calls. This results in patrol officers remaining the primary responders and decision–makers with knowledge based on recruit training and field experience
(2) The current mental health training is not as effective as we would like to believe. Thus, factors other than training Content are influencing the decision-making process (for example substance abuse, demeanour)
(3) there are complications created by an inability to keep pace with the number of officers and resources required to respond to calls for service.
Describe the methodology used for the study in Police Decision-making in the Gray Zone?
Collected systematic social observation data on police decision-making and the use of discretion
Who were the participants in Police Decision-making in the Gray Zone? (2)
(1) regional police service with three urban and two rural divisions serving a population of 536,793
(2) The analysis included only those citizens identified as a suspect where the police were in a position to issue a citation or lay a criminal charge and were over 18 years of age
Describe the procedure used in Police Decision-making in the Gray Zone? (6)
(1) conducted 637 hours of ride alongside with patrol officers in all divisions from November 2011 to June 2012
(2) observational hours did not include time in roll call, cellblock, or other activities while not on active patrol.
(3) ride along data were collected on the early or late afternoon shifts from Thursday to Sunday.
(4) The ride along, encounter, and citizen forms were printed in advance and filled out in the car after each call while the officer completed his or her paperwork
(5) while The data analysis of the field notes and narratives used the constant comparison method, the intrarater reliability test for dependability was employed
(6) qualitative coding occurred over a period of five weeks.
What measures and independent variables were included in Police Decision-making in the Gray Zone? (3)
(1) encounter characteristics such as dispatched calls & offence seriousness
(2) citizen characteristics
(3) Situational factors such as being under the influence of alcohol or drugs, disrespect toward the officer
What was the dependent variable in Police Decision-making in the Gray Zone?
Whether an officer lays a criminal charge or issues a citation when reasonable grounds exist to do so
What factors influenced police discretion in Police Decision-making in the Gray Zone? (7)
(1) dispatched calls
(2) more likely to formally sanction males but less likely to do so with younger citizens
(3) more likely to charge or issue a citation if the Citizen is under the influence of alcohol or drugs
(4) more likely to charge or issue A citation if disrespectful of the officer’s
authority
(5) more likely to charge if it was a serious offence
(6) prior record
(7) uncooperative
What role did mental health status play in police decision-making in Police Decision-making in the Gray Zone? (9)
(1) when the label of mentally ill is activated, verbal and physical containment occurs.
(2) following containment is the use of de-escalation techniques, checks on well-being, and ensuring the safety of all parties and use investigative detentions.
(3) The complainant or witnesses’ side of the story is gathered first, then officers ask the PMI for their account of events
(4) additional record searches are conducted to verify versions of events and history.
(5) PMIs receive warnings in the form of an admonishment similar to warnings given to juveniles rather than offence–related statements
(6) PMIs receive a higher number and more restrictive conditions for release
(7) officers routinely made recommendations for the type of court intervention, whether mental health court is appropriate, and explained the need for additional release conditions on a promise to appear to avoid a repeat call for service that shift.
(8) officers are much more likely to work toward a resolution that ceases the behaviour rather than criminalization
(9) on average, the circumstances where discretion is less likely to be used is when citizens are perceived as a danger to themselves or others, under the influence, or disrespectful, which are all behaviours that are potentially interpreted as symptomatic of a mental illness
In the paper: The Police Officer’s Dilemma: A Decade of Research on Racial Bias in the Decision to Shoot, What sociological evidence do the authors review? Describe briefly.
(4)
- Data from the Department of Justice (DOJ, 2001) indicate that, per capita, police are roughly five times more likely to shoot a Black person than a White person.
- sociological research consistently shows a discrepancy such that officers use greater force (both lethal and non-lethal) when the suspect is Black rather than White.
- evidence seems to suggest that law enforcement may be biased when employing lethal force against Black suspects.
- Findings seem to suggest that the discrepancy in use of force is warranted and can be explained in terms of differences between Whites and Blacks in criminal activity.
According to experimental or lab research, what role does racial bias play in police decision-making?
(4)
(1) showed no bias in their decision
criteria, but there was evidence of bias in officers’ response times.
(2) officers were faster to shoot armed targets when they were Black (rather than White), and they were faster to choose a don’t-shoot response if an unarmed target was White (rather than Black).
(3) Bias suggests that, when confronted with a Black target, officers may activate racial stereotypes related to threat.
(4) In line with this possibility, response
time bias was greatest among officers whose districts were characterized by a large (urban) population, a high rate of violent crime, and a greater concentration of Blacks and other minorities – environments likely to reinforce racial stereotypes.
What are threat-relevant stereotypes and what role do they play in the police decision to shoot?
(2)
- the decision to shoot stems from stereotypic associations connecting Blacks to the concepts of danger and threat in our culture.
- greater awareness of stereotypes linking Blacks with danger showed more pronounced threat-like responses to Black targets, which in turn led them to show more bias when making the decision to shoot.
According to the researchers, what other factors need to be considered in translating lab research to police practice?
- Fatigue
2. Fear & arousal
Gudjonsson (2002) explains the main purpose of investigative interviewing as:
eliciting “reliable, accurate and legally admissible information” from suspects, victims, and witness to find the facts within the context of a crime investigation.
The information gathered through investigative interviewing constitutes
around eighty percent of all evidence gathered throughout a typical crime investigation, while the “real and documentary evidence” (i.e. physical evidence such as objects and documents gathered to prove or disprove the guilt in an investigation) can constitute the remaining twenty percent of all evidence
Interview Vs. Interrogation
3
(1) Interviewing has been used to refer to all types of information gathering while interrogation is only associated with the interviewing of suspects.
(2) The objective of an interview is to gain information, the objective of an interrogation is to gain a confession.
(3) The goal of interviewing is to collect truthful data to be used for informed decision-making and just action-taking. An interrogation, is a face-to-face meeting with a subject with the distinct objective of gaining admission or a confession in a real or apparent violation of law or policy.
the two mostly used investigative interviewing techniques:
(1) Reid Model of Interrogation
(2) PEACE Model of Interviewing
interrogation
refers to an interview process with a suspect of an alleged crime that is intended to gather more information about the crime and to induce a confession
Confession
refers to an informal admission made to a person in authority