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Clemency

By Rachel E. Barkow and Mark Osler

The federal government and most American states provide for some form of clemency that allows the president or the governor to reduce a sentence or pardon a conviction. Although most US presidents and some governors have made great use of this power in the past, it has long been in decline. Diagnosing the reasons for this decline proves easier than providing solutions to reinvigorate this practice. A great deal of scholarship explores the causes and offers solutions, and this review catalogs the main lines of argument. It also explains why clemency's renewal remains urgent, even in regimes dedicated to the rule of law, to serve the best purposes of punishment and check the excesses of criminal law and punishment that are inevitable given the political process and enforcement practices.

Annual Review of Criminology, Volume 7, Page 311 - 327

Investigation of Cases of Competition Manipulation: A Practical Guide

By United Office on Drugs and Crime (UNODC); the International Olympic Committee (IOC) and the International Criminal Police Organization (INTERPOL)

The exponential growth of the sports business market, extensive media coverage and the global growth of real-time online betting have created an environment in which many individuals and organizations have a direct or indirect financial interest in the course or the outcome of sports competitions. Such an environment can incentives those seeking to exploit sport for illicit gain. The nature of competition manipulation involves criminal acts that are not unique to sport, including fraud and money-laundering as well as the involvement of organized crime. It is viewed as an attractive area to infiltrate because of the opportunity to make large profits with limited risk of detection and sanction as a result of a lack or non-uniformity of laws and regulations around the world.

The implication is that sports organizations cannot deal with this issue on their own and cooperation with law enforcement agencies and criminal justice authorities can only strengthen the fight against competition manipulation. Sport organizations only have the power to take disciplinary measures, while criminal justice authorities and law enforcement agencies have a wider range of measures at their disposal. Because of the complex and transnational nature of competition manipulation, the investigation of offenses can be challenging for a wide range of stakeholders and jurisdictions. Effective and timely investigations play a crucial role in prevention strategies. At the same time, the failure to investigate or ineffective investigations can embolden would-be offenders.

At the national, regional and international levels, there is growing recognition that more needs to be done to tackle these threats effectively, including the allocation of more resources. This has been highlighted at the international level, including by the Conference of the States Parties (the main policymaking body of the United Nations Convention against Corruption), the General Assembly and the Group of 20 Anti-Corruption Working Group, and by the entry into force on 1 September 2019 of the Council of Europe Convention on the Manipulation of Sports Competitions, the only legally binding international instrument solely dealing with the issue of competition manipulation.

Vienna, Austria: United Nations Office on Drugs and Crime, 2023. 71p.

Combating corruption in the European Union

By Piotr Bakowski

Corruption is a major challenge for the European Union (EU), with all its Member States affected by the problem to some extent. Its scale, however, is difficult to measure both in Europe and elsewhere. Surveys on the perception of corruption among citizens and experts – such as the Global Corruption Barometer and Eurobarometer surveys – are the principal measurement tool. Since the 1990s, countries around the world have joined efforts to address corruption collectively. This has led to the emergence of widely recognised international laws and standards, adopted in particular by the Council of Europe, the Organisation for Economic Co-operation and Development and the United Nations. Mechanisms, such as the Council of Europe Group of States against Corruption (GRECO), have been developed to monitor implementation of these rules. The EU has gradually adopted laws addressing a range of corruption-related issues. These include a Directive on the Fight against Fraud to the Union's Financial Interests, as well as directives on public procurement, whistleblowers and money-laundering. However, the legal framework thus created remains patchy, the lack of minimum rules on the definition of criminal offense and sanctions in the area of corruption being one important missing element. The EU has also developed its own tool for monitoring anti-corruption efforts – the EU anti-corruption report – only to abandon it after having issued its first edition. Recently, corruption-related issues have been addressed almost exclusively within the EU rule of law framework, a development criticised by various stakeholders, including the European Parliament. The latter has adopted numerous resolutions on corruption addressing, among other things, the impact of COVID 19, as well as systemic challenges to rule of law and deficiencies in the EU's fight against corruption. This briefing updates an earlier one published in 2022, which built on a study by 00 and Sofija Voronova, published in 2017.

Brussels: European Parliament, 2023. 11p.

Methods of Preventing Corruption: A Review and Analysis Of Select Approaches

By Bradley Sauve, Jessica Woodley, Natalie J. Jones, & Seena Akhtari

This literature review provides a comprehensive summary of methods commonly used to prevent corruption in both the private and public sectors and where possible, provides insight on which preventative methods have empirical value and demonstrated effectiveness.

Several key findings were identified, including:

·  Four main approaches to preventing corruption are highlighted. Namely, these include: 1) value-based approaches; 2) compliance-based approaches; 3) risk management approaches; and, 4) awareness and participation-based approaches. Within these four approaches, 18 specific corruption prevention methods are examined and assessed;

·     Findings demonstrate wide variability in the empirical effectiveness of existing prevention methods;

·     Findings demonstrate: 1) the tone at the top principle 2) ethics training programs; 3) top-down auditing; 4) merit-based recruitment; 5) E-government; and, 6) freedom of the press all show signs of empirical effectiveness;

·     The literature demonstrates mixed results regarding: 1) intrinsic motivations; 2) extrinsic motivations; 3) bottom-up monitoring; 4) public awareness campaigns; and, 5) freedom of information laws;

·     The four-eyes principle was the only method found to be effective, with the remaining methods lacking sufficient evidence to support their use; and

·     Analysis of the finding points towards the conclusion that organizations should seek to develop compliance programs and anti-corruption strategies that: 1) involve multiple evidence-based methods; 2) tailor prevention methods to meet the specific needs and context of the organization.

 Ottawa: Public Safety Canada, 2023. 63p.

Frequently Asked Questions: How to address bribery and corruption risks in mineral supply chains

By Luca Maiotti and Rashad Abelson

This booklet provides practical answers to frequently asked questions relating to how companies can identify, prevent, mitigate and report on risks of contributing to bribery and corruption through their mineral sourcing. The OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (“the Minerals Guidance”) provides due diligence recommendations on how all companies along mineral supply chains, from the miner to the final product manufacturer, should combat bribery and corruption linked to minerals production and trade (OECD, 2016a). The following FAQs do not represent new or additional guidance but aim to explain in simple terms the recommendations already set out in the Minerals Guidance and other OECD standards and best practice. Note, this booklet does not aspire to be an exhaustive stocktaking of all corruption issues and possible mitigation responses. This booklet provides practical answers to frequently asked questions relating to how companies can identify, prevent, mitigate and report on risks of contributing to bribery and corruption through their mineral sourcing. The OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (“the Minerals Guidance”) provides due diligence recommendations on how all companies along mineral supply chains, from the miner to the final product manufacturer, should combat bribery and corruption linked to minerals production and trade (OECD, 2016a). The following FAQs do not represent new or additional guidance but aim to explain in simple terms the recommendations already set out in the Minerals Guidance and other OECD standards and best practice. Note, this booklet does not aspire to be an exhaustive stocktaking of all corruption issues and possible mitigation responses. 

Paris: Organisation for Economic Co-operation and Development , OECD,  2021. 32p

“Tubiri Tuvurana Ubupfu: Strengthening Trust and Positive Relations Between Youth and Police in Burundi” project

By Ylenia Rocchini and Bernardo Monzani, together with Kelly–Ange Irakoze

The “Tubiri Tuvurana Ubupfu” project’s main aim was to strengthen trust and positive relationships between youth and police to prevent violence before, during and after the 2020 electoral cycle. To this effect, the project set out to transform the relationship between the two groups by encouraging constructive and humanizing interactions, and also with other members of the community. The project intended, in particular, to harness the potential of mixed security committees. AP’s staff Ylenia Rocchini and Bernardo Monzani, together with Kelly–Ange Irakoze, conducted the final evaluation of the project. The evaluation confirms the effectiveness of the project, and identifies positive elements relating to its impact and sustainability. This said, there are two challenges worth highlighting. The first relates to the participation of police officers, which was different than that of young people, for reasons outside of Search’s control, but nonetheless significant for impact and sustainability. The second challenge relates to the participation of women. The project was not able to reach gender parity across several activities, primarily because the institutions it targeted, the mixed security committees and the police force, are male–dominated. Yet, more research should done to understand why women participate less on this front, to build a more gender–sensitive approach capable, if anything, at least to build the basis for greater inclusivity in future endeavours.

Bologna, Italy: Agency for Peacebuilding, 2022. 30p.  

Police Misconduct in Exoneration Cases in Los Angeles County

By Simon A. Cole and Juan R. Sandoval

Police misconduct represents a profound societal issue with far-reaching consequences. Its detrimental effects encompass the discriminatory application of laws, harassment, physical violence and murder, corruption, wrongful arrests and wrongful convictions.1 These concerns are particularly pressing for underserved communities of color, where heightened levels of police contact and incarceration have effectively eroded the legitimacy of law enforcement.2 While police misconduct has been a long-standing concern, it has garnered heightened attention in recent years, primarily fueled by extensive media coverage of egregious acts of police violence, such as the killings of Michael Brown, George Floyd, and Tyre Nichols. An important recent concern about police violence has been the problem of “repeat offenders”— instances of police misconduct are not isolated events but rather involve particular officers who engage in misconduct repeatedly, with impunity. Discussion of this issue has focused on two key aspects: first, the existence of officers with extensive histories of misconduct that are often concealed from criminal defendants, judges, reporters, and the public; and second, the phenomenon of the “wandering officer” who commits misconduct in a particular department, is fired or leaves that police force, and then is hired by another police department in a different jurisdiction, where stakeholders are unaware of that officer’s history.3 The first issue came to light when it was revealed that in certain jurisdictions, including Los Angeles County and Baltimore, prosecutors maintained undisclosed “do not call” lists of police officers who should not be presented as witnesses in criminal trials due to their known histories of misconduct, perjury, or both. 4 The second problem came to light through the exposure of several infamous cases in which police officers effectively erased records of serious misconduct, secured  more widely accessible to stakeholders. This type of information has historically enjoyed legal protection, making it challenging for the public to access in numerous states.6 Notable disclosure efforts include the Invisible Institute’s publication of Chicago police misconduct data on a dedicated website, 7 and the New York Legal Aid Society's creation of a mobile device “app” designed for recording and accessing public information about individual police officers, which subsequently gained national traction through the National Association of Criminal Defense Lawyers.8 Finally, there have been persistent lobbying efforts aimed at persuading legislators to increase the transparency of information related to police misconduct for the general public. In California, these lobbying efforts have succeeded. In 2019, the legislature enacted new laws transforming the state from one that “without question, had the worst laws governing the disclosure of adjudicated findings of police misconduct” to one with “some of the strongest transparency laws” in the U.S.9 A consortium of stakeholders, including academic institutions, civil rights organizations, journalists, public defenders, and innocence organizations (including the National Registry of Exonerations), has formed the California Law Enforcement Accountability Network (CLEAN) to coordinate efforts of gathering, archiving, analyzing, and making public this newly accessible data.10 This report seeks to support these initiatives by exploring possible uses of information from the National Registry of Exonerations. This online publicly accessible archive contains data and narratives about all known exoneration cases in United States history. Police misconduct is important to the Registry because it is widely recognized as one of the key contributors to wrongful convictions in the United States. Police misconduct contributed to 43% of the wrongful convictions that resulted in exonerations since 1989.11 In addition, the Registry tracks clusters of exonerations through its Groups Registry. This includes exonerations centered around notorious rogue officers, such as former sheriff's deputy Tom Coleman in Tulia, Texas, former Sergeant Ronald Watts in Chicago, and Rafael Perez, the former Los Angeles Police detective at the heart of the Rampart scandal.   

 Ann Arbor: National Registry of Exonerations, 2023. 13p.

The High Price of Unregulated Private Police Training to New Jersey

By The New Jersey Office of the State Comptroller

The Office of the State Comptroller (OSC) is authorized to conduct audits, investigations, and reviews of Executive branch entities, including state and local police departments, to identify and prevent fraud, waste, and abuse in the expenditure of public funds. OSC initiated this investigation into Street Cop Training (Street Cop or the Company) after receiving information that public funds were spent to send New Jersey police officers to a six-day conference in October 2021 in Atlantic City that trained officers on questionable policing tactics and contained offensive and discriminatory content (the Conference). Street Cop is a New Jersey-based company. Around 990 law enforcement officers nationwide attended the Conference, with about 240 from New Jersey. The 240 New Jersey officers came from agencies across the state, working at all levels of government—interstate, state, county, and municipal. The majority of these officers had their attendance paid for by their public employers. OSC’s investigation confirmed that at least $75,000 in public funds were directly spent by New Jersey entities on attendance at the Conference. This number does not include paid time off and/or paid training days relating to officers’ attendance. To conduct this investigation, OSC’s Police Accountability Project reviewed documents, videos, and other materials received from the Company, training centers, and various law enforcement agencies and departments with officers in attendance at the Conference, among other sources. OSC also consulted directives, regulations, policies, and case law, and conducted interviews of relevant witnesses. OSC also conducted a sworn interview with Street Cop’s founder and Chief Executive Officer, Dennis Benigno. OSC’s investigation uncovered alarming deficiencies in the police training provided at the Conference and a dangerous and potentially costly gap in the oversight of private post-academy police training. Currently, private post-academy police training in New Jersey is not regulated by the Attorney General, Police Training Commission (PTC), or any other designated entity. Among other things, OSC found: • Instructors at the Conference promoted the use of unconstitutional policing tactics for motor vehicle stops; • Some instructors glorified violence and an excessively militaristic or “warrior” approach to policing. Other presenters spoke disparagingly of the internal affairs process; promoted an “us vs. them” approach; and espoused views and tactics that would undermine almost a decade of police reform efforts in New Jersey, including those aimed at de-escalating civilian-police encounters, building trust with vulnerable populations, and increasing officers’ ability to understand, appreciate, and interact with New Jersey’s diverse population; and • The Conference included over 100 discriminatory and harassing remarks by speakers and instructors, with repeated references to speakers’ genitalia, lewd gestures, and demeaning quips about women and minorities. This kind of training comes at too high a price for New Jersey residents. The costs of attendance for training like this is small in comparison to the potential liability for lawsuits involving excessive force, unlawful searches and seizures, and harassment and discrimination. It is well-documented  that state and local entities in New Jersey spend millions of dollars litigating these types of allegations. Between 2012 and 2018, over 100 excessive force lawsuits were brought against officers and departments in New Jersey. 1 And in 2022, just one excessive force lawsuit cost a New Jersey county $10 million. 2 The costs of lawsuits alleging discrimination or harassment can be just as expensive. By one estimate, from 2019 to 2023, New Jersey police departments agreed to pay at least $87.8 million to resolve claims of misconduct by officers, and many of those claims involved harassing and discriminatory behaviors. 3 Of course, these quantifiable high dollar amounts do not include the immeasurable and hidden cost to the victims, their families, and their communities. Quality police training can play a crucial role in ensuring law enforcement is equipped with the knowledge, expertise, and experience to navigate complex and difficult situations safely. But training that encourages officers to employ techniques that violate civil liberties, disparage legitimate public safety initiatives, undermine police reform efforts, and promote a toxic culture in which women and racial and ethnic minorities are made to feel unwelcome — this is not training that should be paid for with New Jersey’s public money. In light of these findings, and because Street Cop and other private police training companies who receive public funds operate without oversight or regulation by the Attorney General, PTC, or any other designated organization, OSC makes nine recommendations. OSC is also making a number of referrals to appropriate agencies, including to the Attorney General, the Division on Civil Rights, and internal affairs departments for further investigation into OSC’s publicly reported findings, and into additional concerning conduct identified in OSC’s review of the Conference presentations. 

Trenton: New Jersey Office of the State Comptroller, 2023. 43p.

Voluntary Interviews: Police Use of Voluntary Interview and the Application of the Appropriate Adult

By Chris Bath

Police forces in England and Wales carried out an estimated 145,000 voluntary interviews under caution in 2022/23, of which around one fifth were of children. Only 4.8% of adults attending a voluntary interview were recorded as meeting the criteria for appropriate adult (AA) support – around half the rate in police custody. While custody rightly attracts scrutiny, this report highlights both why and how a strategic focus should be brought to bear on voluntary interviews. Part 1 presents an analysis of quantitative data provided by police forces. Part 2 sets out the policy and practice challenges from the perspective of local appropriate adult scheme leaders.   

Ashford, Kent, UK: National Appropriate Adult Network , 2023. 29p.  

Going cyberpunk: Conceptualizing the smart(er) artificially intelligent firearm for policing's Utopian future

By Mehzeb Chowdhury

As policing develops into a more professional, evidence-driven and technical endeavour, heightened public concern regarding organizational competence and police culture-related fallacies have become augmented, especially in the case of officer-involved shootings. Introduction of body-worn cameras, increased CCTV coverage, vehicle dash-cams and the advent of social media, have provided avenues for investigation into misconduct, but institutional and individual failings such as racism, sexism and other forms of discrimination remain a concern. Technical innovations like smart guns, smart targeting and programmable projectiles have instigated conversations about traditional firearms and whether alternatives using cutting-edge technology could address some of these shortcomings. This article examines existing policing technologies, providing an overview of advanced computational and sensor systems, the risks and dangers of these mechanisms, as well as their potential benefits and drawbacks. It conceptualizes whether existing technologies can be transformed into a smarter, more efficient firearm, powered by artificial intelligence (AI). The premise of the AI-assisted firearm being the promise of a future in which unwanted outcomes in officer/citizen encounters can be counteracted through AI assisting in better decision-making. The article considers hardware and software, policy issues, associated risks and potential advantages of the firearms system, providing a wider perspective on the increasing use of computational technologies in policing practice, and highlighting areas for further research and discussion.

Newcastle upon Tyne, UK: International Journal of Police Science & Management, 2023. 14p.

Local Police Departments, Procedures, Policies, and Technology, 2020 – Statistical Tables

By Sean E. Goodison,  and Connor Brooks

In 2020, 57% of local police departments almost always or always authorized oleoresin capsicum (OC) spray or foam, and 53% almost always or always authorized conducted energy devices, such as Tasers and stun guns (figure 1). Figure 1 displays the authorization of less-lethal equipment and techniques in 2020. Less-lethal equipment and techniques are weapons and tactics that are not intended to cause death or serious injury. Among less-lethal techniques, 73% of local police departments almost always or always authorized open-hand techniques and another 25% authorized them in  limited circumstances. Similarly, about 65% of departments almost always or always authorized takedown techniques and another 31% authorized them under limited circumstances. Conversely, more than half (59%) of local police departments never authorized vascular restraints or carotid holds. About 69% of local police departments never authorized respiratory neck restraints, while 29% did so under limited circumstances and 1% almost always or always authorized them.  This report uses selected variables from the 2020 Law Enforcement Management and Administrative Statistics (LEMAS) data collection, conducted by the Bureau of Justice Statistics (BJS), to describe equipment, policies, and procedures in local police departments by population served. Additionally, this report describes the percentage of officers who work in departments with said equipment, policies, and procedures. Local police departments include general-purpose law enforcement agencies such as municipal, county, and regional police departments, but exclude other types of general-purpose law enforcement agencies, such as sheriffs’ offices and primary state and highway patrol agencies. For information on personnel in local police departments, see Local Police Departments Personnel, 2020 (NCJ 305187, BJS, November 2022). Findings in this report are primarily based on the 2020 LEMAS survey. Conducted periodically since 1987, the LEMAS survey collects data on a range of topics from a nationally representative sample of general-purpose state and local law enforcement agencies. (See Methodology in Local Police Departments Personnel, 2020 (NCJ 305187, BJS, November 2022).)     

 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics ,2023. 36p.

Improving Learning Outcomes in Police Academy Training

By Dianne Beer-Maxwell, Jon Blum, Timothy Bonadies, Jessica Herbert, and Peggy Schaefer

When performing official duties, law enforcement officers rely heavily on knowledge and skills learned during basic academy training. Entry-level law enforcement training is typically delivered in topic-centric classes with little or no connection between concepts, despite significant content overlap. For example, an understanding of search and seizure law is applicable across many contexts, including in lessons about motor vehicle stops, arrests, investigation, use of force, and interview and interrogation. Similarly, communication skills are needed across the board to be effective at interviewing people, de-escalating violent situations, and building relationships with the community. Existing research from other professions recommends integrating or reinforcing foundational and overlapping content consistently to help people retain critical knowledge and skills. The concept of integrating and reinforcing training content consistently has not previously been tested in law enforcement. The Academy Innovations project evaluates the results of reinforcing a critical foundational skill across multiple topics through use of an integrated curriculum in a basic academy setting. In this guide we will 1. introduce and define the concepts of integrated curriculum and retention interval; 2. explain a groundbreaking study that examined the effects of integrated curriculum on retention interval in five law enforcement academies; 3. present eight best practices for integrating curricula in law enforcement academies.   

Washington, DC: Office of Community Oriented Policing Services.  2023. 24p.

Influence Policing:: Strategic communications, digital nudges, and behaviour change marketing in Scottish and UK preventative policing

By  Ben Collier , James Stewart , Shane Horgan, Lydia Wilson and Daniel R. Thomas 

Influence policing is an emerging phenomenon: the use of digital targeted ‘nudge’ communications campaigns by police forces and law enforcement agencies to directly achieve strategic policing outcomes. While scholarship, civil society, and journalism have focused on political influence and targeting (often by malicious actors), there has been next to no research on the use of these influence techniques and technologies by governments for preventative law enforcement. With grant funding from SIPR and support from The Scottish Centre for Crime and Justice Research (SCCJR), we have studied how this novel mode of police practice is developing through an in-depth study of Police Scotland’s strategic communications unit and a wider systematic overview of these campaigns across the UK. Key findings: Police Scotland . Since 2018, Police Scotland has had a dedicated team devoted to strategic communications marketing campaigns - developing methods for crime prevention through communications. These adapt classic forms of ‘strategic communications’ and ‘social marketing’ to incorporate novel techniques and tools, tailoring them to crime prevention - particularly the use of behaviour change theory and digital targeting and segmentation infrastructures. These influence (including ‘nudge’) communications go beyond ‘information’ campaigns or those which simply tell or ask the public to do something, and instead incorporate psychological design elements which attempt to alter the decision environment in which members of the public make choices about their behaviour - often linking up with other interventions such as the redesign of public services.  In a wider policing context, these innovations can be understood as a development of problem-oriented and intelligence-led policing models in a digital context. The campaigns - focusing on areas with a perceived ‘online’ component, such as violence against women and girls, online grooming, and hate crime - are conceived as part of a public health prevention approach, often using perpetrator-focused adverts to deliver messages to those profiled as ‘at risk’ of offending. This is part of a move away from campaigns which simply rely on telling the public what to do, or which focus on putting the responsibility for crime prevention on victims. There are two main elements to campaigns - the first are attempts to directly change people’s behaviour through ‘nudge’ communications, and the second are wider attempts to shape the cultural narratives that are perceived to contribute to crime.  In Scotland, digital targeting is mostly used at the broad demographic level (i.e. age and gender), although some use of fine-detail location and interest-based targeting is evident.  Online targeted paid advertising is used in conjunction with conventional media buying, and organic and ‘earned’ communication with stakeholders and civil society partners.  Campaigns are largely developed in house, but the media buying and some campaign development is done with commercial advertising and marketing partners. Civil Society stakeholders play a key role in consultation and development of campaigns, and in the ‘organic’ promotion.  The digital platforms themselves play a major role in shaping what is possible, sometimes redirecting the intervention through algorithmic processes or promoting organic sharing.  Evaluation of the campaigns is able to use some outcome measures but also still relies heavily on ‘vanity’ metrics (such as apparent views and click throughs) provided by the platforms - and effects are difficult to measure.  The use of influencers (usually well-known public figures) in some campaigns to amplify messages is a clear innovation - though raises some concerns. These influencers have legitimacy with and knowledge of targeted communities, and generally retain their audiences across multiple platforms (even when these platforms change or fail).  We suggest the term Influence officers to describe the professional police communications specialists who design and develop these campaigns, who represent a growing new role in ‘frontline’ policing. The centralised unit and single national force structure in Scotland has had some positive effects when compared to English forces, providing mechanisms for accountability (and saying ‘no’ to unsuitable or harmful campaigns) where more formal structures don’t yet exist. However, this is reliant on the tacit knowledge and expertise of a small group of practitioners - and some aspects of this approach would benefit from being on a more formal institutional footing.  Despite its proliferation across the UK, this is a distinctively Scottish mode of ‘influence policing’ and the ‘influence officer’ as a possible emerging role within policing.     

Edinburgh: Scottish Institute for Policing Research (SIPR), 2023. 162p.

Policing the Police: Personnel Management and Police Misconduct

By Max Schanzenbach

Police misconduct is at the top of the public policy agenda, but there is surprisingly little understanding of how police personnel management policies affect police misconduct. Police-civilian interactions in large jurisdictions are, in principle at least, highly regulated. But these regulations are at least partially counteracted by union contracts and civil service regulations that constrain discipline and other personnel decisions, thereby limiting a city’s ability to manage its police force. This Essay analyzes police personnel management by bringing forth evidence from a variety of data sources on police personnel practices as well as integrating an existing, but relatively siloed, literature on police misconduct. The empirical findings that emerge are as follows: (1) policing is a surprisingly secure, well-paid job with little turnover prior to retirement age; (2) inexperienced police officers are, all else equal, more likely to commit misconduct and, at the same time, more likely to receive high risk assignments; and (3) bad cops are a serious problem, are identifiable, and are rarely removed or disciplined. Taken together, these facts suggest that attempts to regulate police conduct directly or through civil rights litigation are impeded by the inability of those who supervise police to control individual officers through assignments, discipline, and removal. The nexus of compensation, seniority, promotion, discipline, and pension policies that characterize much police personnel management cannot be rationalized under traditional labor and employment contract analysis. Existing compensation  and pension policies could be rationalized, however, if supervisors were empowered to manage police through assignments, penalties, and promotion.

Chicago: Vanderbilt Law Review, 2022, 49p.  

People Seeking Asylum Confined Outside in Appalling Conditions: Findings and Recommendations from a Monitoring Visit to San Diego

By The Womens Refugee Commission

In October 2023, the Women’s Refugee Commission’s (WRC) Migrant Rights and Justice program visited San Diego, California, and Tijuana, Baja California, Mexico, to assess the conditions that people seeking asylum at the US-Mexico border face. We visited a migrant shelter and an encampment located between two border walls where migrants await apprehension, and volunteered to aid migrants and people seeking asylum following their release from immigration custody. We also met with local officials, nonprofit organization partners, and individuals seeking asylum. Based on what we learned, WRC compiled this report on our assessments and recommendations.

United States, Women's Refugee Commission. 2023, 9pg

How Government Pay: Lawsuits, Budgets, and Police Reform

By Joanna C. Schwartz

For decades, scholars have debated the extent to which financial sanctions cause government officials to improve their conduct. Yet little attention has been paid to a foundational empirical question underlying these debates: When a plaintiff recovers in a damages action against the government, who foots the bill? In prior work, I found that individual police officers virtually never pay anything toward settlements and judgments entered against them. But this finding prompts another question: Where does the money come from, if not from individual officers? The dominant view among those who have considered this question is that settlements and judgments are usually paid from jurisdictions’ general funds with no financial impact on the involved law enforcement agencies, and some have suggested that agencies would have stronger incentives to improve behavior were they required to pay settlements and judgments from their budgets. But, beyond anecdotal information about the practices in a few large agencies, there has been no empirical inquiry into the source of funds used by governments to satisfy suits involving the police.

In this Article, I report the results of the first nationwide study to examine how cities, counties, and states budget for and pay settlements and judgments in cases against law enforcement. Through public records requests, interviews, and other sources, I have collected information about litigation budgeting practices in one hundred jurisdictions across the country. Based on the practices in these one hundred jurisdictions, I make two key findings. First, settlements and judgments are not always—or even usually—paid from jurisdictions’ general funds; instead, cities, counties, and states use a wide range of budgetary arrangements to satisfy their legal liabilities. All told, half of the law enforcement agencies in my study financially contribute in some manner to the satisfaction of lawsuits brought against them.

Second, having a department pay money out of its budget toward settlements and judgments is neither necessary nor sufficient to impose a financial burden on that department. Some law enforcement agencies pay millions from their budgets each year toward settlements and judgments, but the particularities of their jurisdictions’ budgeting arrangements lessen or eliminate altogether the financial impact of these payments on these agencies. On the other hand, smaller agencies that pay nothing from their budgets toward lawsuits may nevertheless have their very existence threatened if liability insurers raise premiums or terminate coverage in response to large payouts.

63 UCLA L. Rev. 1144 (2016)

Local Police Departments, Procedures, Policies, and Technology, 2020 - Statistical Tables

By: Sean E. Goodison and Connor Brooks

This report provides data on authorized equipment and techniques, body-worn cameras, and K-9 units in local police departments. It also presents tables on training, policies, and procedures. Additionally, the report describes the prevalence of community policing plans.

Washington, DC: U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics, 2023. 36p

Perceiving social injustice during arrests of Black and White civilians by White police officers: An fMRI investigation

By Tzipporah P. Dang , Bradley D. Mattan , Denise M. Barth , Grace Handley, Jasmin Cloutier, Jennifer T. Kubota

From social media to courts of law, recordings of interracial police officer-civilian interactions are now widespread and publicly available. People may be motivated to preferentially understand the dynamics of these interactions when they perceive injustice towards those whose communities experience disproportionate policing relative to others (e.g., non-White racial/ethnic groups). To explore these questions, two studies were conducted (study 1 neuroimaging n = 69 and study 2 behavioral n = 58). The fMRI study examined White participants’ neural activity when viewing real-world videos with varying degrees of aggression or conflict of White officers arresting a Black or White civilian. Activity in brain regions supporting social cognition was greater when viewing Black (vs. White) civilians involved in more aggressive police encounters. Additionally, although an independent sample of perceivers rated videos featuring Black and White civilians as similar in overall levels of aggression when civilian race was obscured, participants in the fMRI study (where race was not obscured) rated officers as more aggressive and their use of force as less legitimate when the civilian was Black. In study 2, participants who had not viewed the videos also reported that they believe police are generally more unjustly aggressive towards Black compared with White civilians. These findings inform our understanding of how perceptions of conflict with the potential for injustice shape social cognitive engagement when viewing arrests of Black and White individuals by White police officers.

NeuroImage, Volume 255, 15 July 2022, 119153

Policing Productivity Review: Improving outcomes for the public

By National Police Chiefs’ Council (UK)

This Review was established to ‘identify ways in which forces across England and Wales can be more productive, improving outcomes’1 . In the three fnancial years to March 2023, Government funded the recruitment of an additional 20,000 police ofcers. This – together with additional resources provided by precept - is a considerable investment into policing. As new recruits build up experience and capabilities, we would expect to see its impact in terms of public safety. Compared to 2007, ofcer numbers have increased seven per cent whilst the population has increased by about 12 per cent (and with it, demand). However, like-for-like comparisons are not necessarily helpful: technology for example should have made police forces more productive since then. But to a large extent we have found that if the uplift has helped fll the most urgent capacity gaps (and improve performance), it has not taken away the need to prioritise and task resources effectively. A productivity drive is as necessary now as it was in the years of officer reduction. An environment of budget pressures suggests difficult choices ahead for public sector investment. Public agencies will need to evidence, more than ever, that they are providing value for money and becoming more productive. Pouring additional resources into a service might create more outputs but it does not per se increase productivity if these resources are not used wisely. Neither do officer numbers guarantee reduced crime2. Effective resource allocation is essential to deliver the greatest gains. Coordinated planning and multi-agency collaboration are vital to maximise the chances of better public outcomes. In this context, as a prerequisite to further investment demands and to strengthening public legitimacy, it is imperative that the policing sector is able to demonstrate how it is making best use of its resources and what direct benefits its activity delivers to the public. THE OPERATING LANDSCAPE OF POLICING IS SHIFTING Policing demand has changed. Since the mid-1990s, there have been long-term falls in overall crime levels but since 2014, offences have risen again (while still 20 per cent below their 2002/03 level). New technologies have created new criminal opportunities: the Office for National Statistics (ONS) reports 3.8 million fraud offences and cyber-enabled, or cyber-dependent crimes, and even across “traditional” crimes, the Metropolitan Police Service assesses that two ffths of robberies and 70 percent of theft are for mobile phones. Technological advances can also give rise to investigative opportunities, and policing productivity (and its perceived effectiveness in using technology) can act as a deterrent to criminality. Some patterns of crime are less easy to read. Violent offences recorded by police increased, but the Crime Survey for England and Wales suggests a decrease. Recorded sexual offences have markedly increased . More victims are fnding the courage to come forward and report crimes such as rape, domestic abuse and the sexual exploitation of children. The recognition of vulnerability in victimisation has become a powerful element shaping policing since the death of Fiona Pilkington and her daughter in 2007. Because of these changes, policing today requires a very different skillset. In 2003, armed with a knowledge of three crime types (burglary, theft and criminal damage), a constable knew how to approach 80 per cent of the demand coming their way. In 2023, in order to manage the same proportion of their work, this constable has to be competent across six disparate and wider categories of crime: theft, fraud (including online), violence with injury, stalking and harassment, public order and violence without injury. Non crime demand on officers equally broadened in scope during that time.

London: Home Office, 2023., 85p.

It’s a matter of (change over) time: the role of police conduct on the dynamics of attitudes towards legal authority

By Thiago R. Oliviera

This thesis draws on procedural justice theory and work into legal socialisation and legal cynicism to investigate the dynamics of public perceptions of trustworthiness and legitimacy of legal authority over time. Illustrating how longitudinal data can be theoretically fruitful in studies on public-police relations, I rely upon several analytic strategies that exploit panel data to examine attitudinal change over time. To examine the development of legitimacy judgements during adolescence, the mutual reproduction of different aspects of police trustworthiness over time, and the degree to which police contact leads to attitudinal change, I draw on data from three longitudinal surveys, which are representative of the adult population living in selected neighbourhoods in S˜ao Paulo, Brazil, adolescents who live in S˜ao Paulo, and the adult population living in Australia. At the heart of the thesis are four empirical papers. The first paper suggests that perceptions of overpolicing and underpolicing undermine legitimacy judgements and mutually reproduce each other over time, with implications for people’s recognition of the ruling power of the law. The second paper focuses on the development of legitimacy judgements among adolescents, and shows that exposure to neighbourhood and police violence may damage the process of healthy legal socialisation. The third paper examines whether police-citizen encounters are teachable moments, with the potential of leading to either positive or negative attitudinal change depending upon the perceived appropriateness of the interaction. The fourth paper addresses the issue of causality – an important gap in the procedural justice literature. Analysis suggests that aggressive police stops (e.g., at gunpoint) have a shortterm effect on perceived police fairness and a long-term effect on perceived overpolicing. Overall, results indicate that reliance on coercive policing strategies have several social costs, including public detachment and alienation from from the law. Adolescents who witness cases of police brutality show diminished development in legitimacy judgements, and the experience or expectation that police officers repeatedly intrude in the lives of people (overpolicing) and fail to ensure public safety (underpolicing) undermine people’s recognition of the state’s monopoly of violence. Yet, there is room for improvement. Perceptions of procedural fairness seem to enhance police trustworthiness and legitimacy. In sum, results indicate that people develop legal attitudes throughout the life course, but police (mis)conduct can lead to attitudinal change over time.

London: London School of Economics, 2022. 276p.