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Posts in Criminal Justice
A Very British Problem: The Evolution of Britain's Militarised Policing

By Keren Weitzberg

Despite widespread myths that the British police are unarmed and govern through consent, paramilitary-style policing has a long and ugly history in the UK and across the British Empire. This report looks at the increasingly blurry line between the police and military and the role of the UK in militarised policing globally. Challenging the idea that war and policing are fundamentally different powers, it examines the evolution of Britain’s policing industrial complex. It shows how a war mentality has infiltrated policing at various levels – from counter-terrorism to  anti-protest policing to border control to the policing of gangs.  

London: Campaign Against Arms Trade (CAAT) , 2022. 56p.

White Supremacy in Policing: How Law Enforcement Agencies Can Respond

By Kim Shayo Buchanan, Hilary Rau, Kerry Mulligan, Tracie Keesee and Phillip Atiba Goff

Whether a group is dedicated to racism (a “hate group”), or advocates the overthrow of elected governments (a “paramilitary gang”), or both—no police officer or law enforcement agency should support or affiliate with it. Officers who support or affiliate with hate groups and paramilitary gangs undermine the mission of their law enforcement agency by allying themselves with lawbreakers and by undermining the department’s efforts to ensure equitable policing and earn community trust. These guidelines aim to assist law enforcement to 1) identify, discipline, and remove officers who intentionally affiliate with hate groups or paramilitary gangs, and 2) adopt institutional values, policies, and rules that will allow for no mistake about the department’s position: it is not appropriate for a law enforcement agency or a police officer to support or affiliate with hate groups or paramilitary gangs. We recommend that law enforcement agencies (“LEAs”) adopt the rules and best practices set out below, and make them public.   

West Hollywood, CA: Center for Policing Equity, 2021? 24p.

Hidden in Plain Sight: Racism, White Supremacy, and Far-Right Militancy in Law Enforcement

By Michael German

Racial disparities have long pervaded every step of the criminal justice process, from police stops, searches, arrests, shootings an the country, federal, state, and local governments are doing far too little to proactively identify them, report their behavior to prosecutors who might unwittingly rely on their testimony in criminal cases, or protect the diverse communities they are sworn to serve.

Efforts to address systemic and implicit biases in law enforcement are unlikely to be effective in reducing the racial disparities in the criminal justice system as long as explicit racism in law enforcement continues to endure. There is ample evidence to demonstrate that it does.

New York: Brennan Center for Justice, 2020.

Evidence-Based Crime Reduction Strategies for Small, Rural, and Tribal Agencies

By The International Association of Chiefs of Police

This guide provides evidence-based policing practices (EBPP) for small, rural, and tribal agencies. The information comes from published research studies and working group conversations with command staff from various small, rural, and tribal agencies. In this guide, we use the terms small and rural or small, rural, and tribal broadly. The types of agencies that fall within these categories vary in terms of size, crime rates and types, and community characteristics. More than 12,000 local police agencies in the United States are “small” or serve small populations—75 percent employ fewer than 25 sworn officers, and 71 percent serve populations of fewer than 10,000 residents (Hyland and Davis 2019). However, not all small agencies serve rural communities. For example, some small agencies serve independent towns within densely populated metropolitan areas. On the other hand, some county police agencies with hundreds of sworn officers serve predominantly rural communities (e.g., Yang et al. 2018). Police agencies that serve tribal communities operate within a unique cultural, historical, and legal context. While we use the terms small, rural, and tribal somewhat interchangeably, the main guiding principle for police agencies trying to implement evidence-based policing is that strategies, interventions, and practices must be specific, tailored, and based on the best available information relevant to the department and jurisdiction. This is with the understanding that there is no one-size-fits-all approach.   

Washington, DC: Office of Community Oriented Policing Services, 2021. 64p.

Police Arbitration

By Stephen Rushin

Before punishing an officer for professional misconduct, police departments often provide the officer with an opportunity to file an appeal. In many police departments, this appeals process culminates in a hearing before an arbitrator. While numerous media reports have suggested that arbitrators regularly overturn or reduce discipline, little legal research has comprehensively examined the outcomes of police disciplinary appeals across the United States. In order to better understand the use of arbitration in police disciplinary appeals and build on prior research, this Article draws on a dataset of 624 arbitration awards issued between 2006 and 2020 from a diverse range of law enforcement agencies. It finds that arbitrators on appeal reduced or overturned police officer discipline in 52% of these cases. In 46% of cases involving termination, arbitrators ordered police departments to rehire previously terminated officers. On average, arbitrators reduced the length of officer suspensions by approximately 49%. Arbitrators gave several common justifications for reductions in officer discipline. Frequently, arbitrators found the original discipline to be excessive relative to the offense committed or relative to punishments received by other officers. In a somewhat smaller number of cases, arbitrators cited insufficient evidence or procedural flaws in the investigation or adjudication of the original internal disciplinary process. This Article concludes by considering the implications of these findings for the literature on police accountability. It also considers emerging efforts in states like Minnesota and…..

  • Oregon to reform police arbitration procedures in order to better balance officers' interests in due process with the public's interest in accountability.   

Chicago: Loyola University Chicago, School of Law, 2021. 57p.

The Effect of Sentencing Reform on Racial and Ethnic Disparities in Involvement with the Criminal Justice System: The Case of California's Proposition 47

By Magnus Lofstrom, Brandon Martin and Steven Raphael

We analyze the disparate effects of a recent California sentencing reform on the arrest, booking, and incarceration rates experienced by California residents from different racial and ethnic groups. In November 2014 California voters passed state proposition 47 that redefined a series of felony and “wobbler” offenses (offenses that can be charged as either a felony or misdemeanor) as straight misdemeanors, causing an immediate 15 percent decline in total drug arrests, an approximate 20 percent decline in total property crime arrests, and shifts in the composition of arrests away from felonies towards misdemeanors. Using microdata on the universe of arrests in the state in conjunction with demographic data from the American Community Survey, we document a substantial narrowing in inter-racial differences in overall arrest rates and arrest rates by offense type, with very large declines in the inter-racial arrest rate gaps for felony drug offenses. Conditional on being arrested, we see declines in bookings rates for all groups, though we find a larger decrease for white arrestees. This relatively larger decline for white arrests is largely explained by difference in the distribution of arrests across recorded offenses. Despite the widening of racial gaps in the conditional booking rate, we observe substantial declines in overall booked arrests that are larger for African Americans and Hispanics relative to whites. For some offenses (felony drug offenses), inter-racial disparities in jail booking rates narrow by nearly half. Finally, we use data from the American Community Survey to analyze…..

  • change in the proportion incarcerated on any given day and how these changes vary by race and ethnicity. For these results, we present trends for the time period spanning the larger set of policy reforms that have been implemented in the state since 2011. We observe sizable declines in the overall incarceration rate for African Americans, with the largest declines observed for African American males. The one-quarter decline in total correctional populations in the state coincided with sizable narrowing in inter-racial difference in incarceration rates.  

Bonn: Institute of Labor Economics (IZA),  2019. 55p.

Essays on Disparate Policing and Racial Bias

By Elizabeth M. Luh

This dissertation contains two essays on disparate treatment in policing. The first chapter links this disparate treatment to bias in the context of highway trooper's stop and search decision. Highway police officers, or troopers, may misreport the race of people that they engage with in order to evade detection of racial bias. I propose a new test of racial bias in the presence of misreporting that is well-suited to explore the rich heterogeneity in bias behavior. Using a unique event in Texas where troopers were caught deliberately misreporting minority motorists as white, I find bias against all minority motorists, but especially against Hispanic motorists. I estimate bias for each trooper and find that over 30\% of troopers were engaging in this behavior. Using my trooper level measure of bias, I identify causal relationships between bias and labor outcomes using a panel data set of trooper employment outcomes. I show misreporting was used effectively to evade detection of bias, with bias having no effect on labor market outcomes when the misreporting was possible. I find that after a rule change to trooper stop recording policy in response to the misreporting led to negative labor outcomes for biased troopers, specifically, lower rates of promotion and had lower salary growth. I further test how individual trooper bias changes in response to changes in peer, demographic compositions. In particular, black or Hispanic troopers are sensitive to changes in peer composition, while white troopers are unaffected. The second chapter tests whether police officers disparately enforce parking…..

  • tickets across black and non-black neighborhoods. Using a plausibly exogenous increase in the fine for failing to purchase annual vehicle registration in 2012, colloquially known as the sticker tax, I test if Chicago police disparately enforced parking compliance across black and non-black neighborhoods from 2007 to 2017. I find that police behavior is responsive to the penalty structure of the fine and are 20 to 50 percent more likely to apply the sticker fine to black neighborhoods after the increase. This disparate enforcement is robust to employment controls and is not driven by changing compliance rates across neighborhoods. In contrast, I find that parking enforcement agents do not disparately enforce the tickets across black and non-black neighborhoods. I attribute this difference in behavior between parking enforcement agents and police officers to the lack of ticket quotas for police officers. Since police officers are not evaluated by their parking citation productivity, they do not behave as revenue-maximizing agents.

Houston, TX: University of Houston,  Department of Economics, 2020. 103p.

Risk of being killed by police use of force in the United States by age, race–ethnicity, and sex

By  Frank Edwards, Hedwig Leeb  and Michael Espositoc

We use data on police-involved deaths to estimate how the risk of being killed by police use of force in the United States varies across social groups. We estimate the lifetime and age-specific risks of being killed by police by race and sex. We also provide estimates of the proportion of all deaths accounted for by police use of force. We find that African American men and women, American Indian/Alaska Native men and women, and Latino men face higher lifetime risk of being killed by police than do their white peers. We find that Latina women and Asian/Pacific Islander men and women face lower risk of being killed by police than do their white peers. Risk is highest for black men, who (at current levels of risk) face about a 1 in 1,000 chance of being killed by police over the life course. The average lifetime odds of being killed by police are about 1 in 2,000 for men and about 1 in 33,000 for women. Risk peaks between the ages of 20 y and 35 y for all groups. For young men of color, police use of force is among the leading causes of death.

PNAS Journal Article: 6p.

The Impact of COVID-19 on Policing: A Case Study of the Fairfax County Police Department

By Cynthia Lum, Christopher Koper, et al.

The COVID-19 pandemic, beginning in early 2020 and continuing through 2022, has been one of the largest, if not most impactful public health crises in recent history. With over one million lives lost in the United States at the time of writing, the pandemic significantly impacted all aspects of social, economic, and civic life. Given this, the short and long-term impacts on criminal justice processes and institutions were significant. This report documents an in-depth case study of the impacts of the pandemic on a large, suburban police agency, the Fairfax County (Virginia) Police Department (FCPD) in Fairfax, Virginia. Near the nation’s capital, Fairfax County is home to a diverse and large populace, with a police department of approximately 1,400 sworn officers serving over 1.1 million people. The pandemic severely disrupted life in the county, as it did in many other jurisdictions across the United States. Faced with this unprecedented and fast-moving public health crisis, the police department had to adjust its policies, deployment, human resources strategy, and interactions with the community quickly. These changes focused on keeping the department’s workforce safe from COVID while simultaneously carrying out the agency’s mandate of maintaining public safety. Early in the pandemic, the Office of Justice Programs Bureau of Justice Assistance implemented its Coronavirus Emergency Supplemental Funding Program, which provided funds to eligible states, local government units, and tribes to strengthen the prevention, preparation, and response to COVID-19 and foreseeable related…..

  • problems in the future. 1 George Mason University’s Center for Evidence-Based Crime Policy (GMU-CEBCP) partnered with the FCPD to apply for this award as a sub-award recipient to study the impacts of the pandemic on the department. The study aimed to assess the pandemic's impacts on crimes, disorders, and other public safety concerns, police operations and deployment, community-police relationships, and other organizational impacts. The goal of this study was not only to document the impacts of COVID-19 on FCPD but to provide lessons learned and recommendations for other agencies and FCPD to strengthen their prevention, preparation, and response for future public health crises.   

Fairfax, VA:   Center for Evidence-Based Crime Policy, Department of Criminology, Law and Society, George Mason University , 2022. 206p.

Ethics or the Right Thing? Corruption and Care in the Age of Good Governance

By Sylvia Tidey

A sympathetic examination of the failure of anti-corruption efforts in contemporary Indonesia. 
Combining ethnographic fieldwork in the city of Kupang with an acute historical sensibility, Sylvia Tidey shows how good governance initiatives paradoxically perpetuate civil service corruption while also facilitating the emergence of new forms of it. Importing critical insights from the anthropology of ethics to the burgeoning anthropology of corruption, Tidey exposes enduring developmentalist fallacies that treat corruption as endemic to non-Western subjects. In practice, it is often indistinguishable from the ethics of care and exchange, as Indonesian civil servants make worthwhile lives for themselves and their families. This book will be a vital text for anthropologists and other social scientists, particularly scholars of global studies, development studies, and Southeast Asia.

Chicago: Hau Books (Distributed by the University of Chicago Press, 2022. 250p.

Policing Protests to Protect Constitutional Rights and Public Safety

By The Policing Project at NYU School of Law

The right to engage in peaceful demonstration is a cornerstone of American democracy. Yet sometimes police fail to strike the right balance, approaching demonstrations as a threat to public safety, rather than as an expression of constitutionally protected rights. This results in bad outcomes, for protestors and for police. The Policing Project’s new guidance provides an overview of how to police demonstrations to protect public safety and democratic freedoms. Drawn largely from what policing leaders themselves have identified as best practices as well as evidence-based research, we outline a clear approach that emphasizes transparent communication, de-escalation, and a healthy relationship between police and the communities they serve.

New York: NYU School of Law, 2020. 14p.

Unequal Treatment Under the Law? Consequences of Body-worn Cameras on the Court System

By Katie Bollman

  In less than a decade, body-worn cameras rose from rarity to standard amongst local law enforcement in the U.S. as agencies sought to enhance trust, transparency, and accountability of officers. However, this policing tool also generates large quantities of a new source of data for criminal courts: footage of criminal defendants. This data can provide evidence pertinent to a criminal case, but at a cost of attorney time. Using rich case data from Virginia state courts from 2006-2020 and a new body-worn camera data set I investigate whether local law enforcement adoption of body-worn cameras changes court filings, criminal case dispositions, time to disposition, and other case outcomes. I find evidence that body-worn cameras affect interactions between police and members of the public, but that these effects are restricted to a small subset of cases. Once cases enter the courts, I find that in the aggregate, contrary to expectations, both case processes and resolutions are unresponsive to the influx of data generated by body-worn camera footage.

Working Paper, Michigan State University, 2021. 54p.

Stop & Scrutinise: How to improve community scrutiny of stop and search

By Kirat Kaur Kalyan & Peter Keeling  

It is irrefutable that citizens should enjoy freedom of movement and an expectation of an uninterrupted private life; these protections underpin our democracy and uphold our fundamental human rights. These expectations are acutely relevant to the use of stop and search and it is essential that all powers exercised by the police are used lawfully, only when necessary and are proportionate, but more importantly, that they are seen to be so. The assessment and recommendations set out in this report provide a valuable commentary on the expectations communities have as to how the police should operate when tackling violent crime and upholding the law, as well as providing an important reminder that policing is underpinned by public consent. As well as providing a constructive interpretation on the value of stop and search powers and the importance of active monitoring arrangements, the report provides helpful examples of where police forces and communities have successfully come together to stimulate improvements in police operational activity as well as promote confidence that officers are acting in the public interest and with proper regard to the Codes of Conduct that govern their powers and the use of force.

London: Criminal Justice Alliance,  2019.  24p.

More Harm Than Good: A super-complaint on the harms caused by ‘suspicion-less’ stop and searches and inadequate scrutiny of stop and search powers

By Amal Ali and Nina Champion

  It is widely accepted that policing is most effective when it secures the co-operation, trust, and confidence of the public. The police themselves recognise that these features are critical to their relationship with the public and form an important part of their day-to-day working culture. This co-operation, trust and confidence is being undermined by unfair and disproportionate stop and search practices. Such practices cause alarm and distress to members of the public, damage trust and confidence in policing, and make the police’s job more difficult overall. We therefore believe that due to the harms outlined in this report, the government must urgently repeal the harmful s.60 police power and instead invest in working with communities to improve trust and confidence and tackle the root causes of violent crime. Furthermore, insufficient scrutiny of stop and search powers means that the police are not effectively being held to account where there is evidence of unfair and discriminatory use of these powers. Fair and effective community scrutiny for all police forces should be mandated, adequately resourced and supported by an independent national body. Section 60 (s.60) of the Criminal Justice and Public Order (CJPO) Act 1994 allows a constable in uniform to stop and search any pedestrian, or any vehicle for offensive weapons or dangerous instruments. This legislation was originally introduced to tackle football hooliganism and the threat of serious violence at football games. Today, s.60 permits officers to search a person or vehicle in anticipation of violence if an officer of or above…..

  • the rank of inspector ‘reasonably believes that incidents involving serious violence may take place in any locality’. These powers are only to be authorised in a designated area for a specific period of time.

London: Criminal Justice Alliance, 2021.  38p.

Forgotten Voices: Policing, stop and search and the perspectives of Black children

By Amber Evans, Patrick Olajide, Isabella Ross and Jon Clements

In our previous research, focusing on adults, we found that despite support for the use of stop and search powers in principle, there were deep misgivings among Black adults about the way stop and search was carried out in practice, as well as the general service and treatment they received from the police. For Black children, these misgivings were amplified. They have less trust in the police than children from every other ethnic group, and less trust than Black adults do. This report, which is the second of three publications related to our research project, focuses specifically on the views of children and teenagers. It is based on findings from three focus groups with predominantly Black or Black and Mixed ethnicity children, and a survey of 1,542 ten to 18 year olds, 100 of whom were Black.   

London: Crest Advisory, 2022. 55p.

Crime, Policing and Stop and Search: Black perspectives in context

By Amber Evans, Patrick Olajide and Jon Clements

In recent years, the police use of stop and search powers has become a totemic issue - many have argued that it is the main (or primary) cause of low confidence among Black communities in the UK, when compared to the rest of the population. However, our research, which draws on the most comprehensive survey of Black adults’ views about policing ever conducted in England and Wales, suggests that Black people’s concerns about the use of stop and search cannot be viewed in isolation; instead their attitudes towards its use by the police are shaped by, and closely connected to, their experience of policing as a whole. Black adults expressed at least as much concern about a perceived failure by policing to get ‘the basics’ right for their communities, such as responding to emergencies, investigating crime and engaging with victims, as they did about the use of stop and search. This report, which is the first of three publications related to this research, and specifically focuses on the views of adults.  

London: Crest Advisory. 2022. 97p.

Staying Healthy in the Fray: The Impact of Crowd Management on Officers in the Context of Civil Unrest

By The National Police Foundation

The last few years have presented unprecedented challenges, both to our communities and to public safety officers and first responders—especially law enforcement. Current events, including COVID 19, political rhetoric and chaos, societal conflict and division, and attacks on the policing institution, individual officers, and officers’ families, have created a challenging environment where stress and trauma increased exponentially. High-stress police operations such as crowd management during periods of civil unrest is mentally and physically demanding. Crowd management often challenges officers to push their bodies beyond normal limits, leading to poor performance, fatigue, insomnia, and injury. In the summer of 2020, many officers repeatedly worked shifts that, at times, exceeded 12 hours, for 10 to 12 days straight, leaving little time for appropriate nutrition, rest, exercise, recovery, or sleep. Large numbers of arrests, long periods on bicycles, standing or moving in formations, or responding to threats are physically and mentally demanding. In light of the current environment, NPF has developed this brief guide for law enforcement agencies on ways to recognize and protect the physical and mental wellbeing of officers during responses to intense and protracted protests and demonstrations. Both physical and mental stressors are taking a toll on the women and men who have dedicated their lives to protecting our communities. This guidebook offers educational information and practical considerations for sworn officers of all ranks, particularly frontline…..

  • officers and mid-level supervisors, as well as their families, to better protect officers’ mental and physical wellbeing during times of heightened stress. Furthermore, this guidebook can be used as a resource by police leaders in promoting healthy organizational cultures that recognize and prioritize officer safety and wellness as an integral part of policing protests—which ultimately can help foster better outcomes for all involved. The content in this guidebook has been curated and derived from a review of research from professional medical organizations and has been peer reviewed by licensed mental health clinicians and law enforcement practitioners.   

Arlington, VA: National Police Foundation, 2021. 47p.

A Crisis of Trust

By The National Police Foundation

A National Police Foundation Report to the Los Angeles Board of Police Commissioners on the Los Angeles Police Department Response to First Amendment Assemblies and Protests Occurring May 27 – June 7, 2020

The past year, 2020, was by many measures an unprecedented year. The COVID-19 pandemic, political discourse and rising tensions amid ideological divisions, public frustration and anxiety, and a growing intensity and spotlight on racial justice took center stage in communities across the United States. Then, the May 25, 2020, death of George Floyd3 ignited protests and civil unrest. The protests spanned across communities large and small and engaged a broad spectrum of people across racial and ethnic divides4 . Similar protests in cities and communities – large and small, urban and suburban, East and West—across the United States voiced mistrust and frustration regarding police interactions within communities of color as well as the growing tension, not just within those communities, but in all communities. Protests were amplified and tensions heightened as the issues became a part of the national political debate.  

Arlington, VA: National Police Foundation, 2021. 114p.

Research Evaluation of the City of Columbus' Response to the 2020 Summer Protests

By Trevor L. Brown and Carter M. Stewart

The murder of George Floyd, a Black man, by Derek Chauvin, a White Minneapolis, Minnesota, police officer on May 25, 2020, sparked months-long protests about racism and policing across the country and around the globe, including Columbus, Ohio. Captured on video and spread quickly through social media, Floyd’s death galvanized Americans to take to the streets in the midst of a global health pandemic to voice their anger and frustration about the many Black Americans who had been killed by police. The fairness of policing practice as applied to communities of color, particularly Black communities, and more fundamentally, the existence of the police as a legally sanctioned public institution were the clear motivations for the protests. Law enforcement agencies across the country, including the Columbus Police Department, also mobilized to the streets. Their job was to create a space for citizens to peacefully exercise their right to free speech, while simultaneously ensuring the safety of the community. In many protests, police are neutral actors managing the boundaries of the demonstration. In the protests of 2020, protestors saw the police as antagonists, and systematically racist; they were the object of the protest. When police are the focus of the protest, there is a significant increase in the likelihood of direct conflict between protestors and law enforcement personnel. Adhering to best practice in protest management and adapting to evolving protest dynamics become even more important to ensure free speech rights and community safety. This report provides the results of an

  • eight-month research study evaluating how the City of Columbus, Ohio, inclusive of elected officials and the Columbus Division of Police (CPD), managed the protests in Columbus from May 28 through July 19, 2020.   

Columbus, OH: John Glenn College of Public Affairs, The Ohio State University, 2021. 111p.  

Towards a New Model for Economic Crime Policing: Target 2030

By Helena Wood and Karen Baxter

In 2022, escalating levels of fraud and the spotlight placed on the UK’s role in Russia-related money laundering have given rise to a growing recognition of economic crime as a national security threat and the need to reform the UK’s economic crime policing response. This report seeks to contribute to that debate by proposing a national security-based model that draws on the key characteristics of three other national security policing responses – counterterrorism, serious and organised crime, and cybercrime – and adapts these to the specific challenges and context of economic crime policing. The proposed model establishes a new set of core functions. It builds a strong central intelligence function, backed by a single policing command structure, to deliver the operational response via new proactive and ring-fenced investigative units at the regional tier of policing, aligned to existing serious and organised crime policing structures. 

London: RUSI -  Royal United Services Institute for Defence and Security Studies, 2022.  40p.