cj 220 chapter 2 policing and community justice © 2012 todd r. clear, john r. hamilton, jr. and...

CJ 220CJ 220

Chapter 2Chapter 2

Policing and Community JusticePolicing and Community Justice

© 2012 Todd R. Clear, John R. © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric CadoraHamilton, Jr. and Eric Cadora

IntroductionIntroduction

The most obvious way police serve The most obvious way police serve as exemplars of community justice is as exemplars of community justice is through the community-oriented through the community-oriented policing movement that began in the policing movement that began in the 1980s and 1990s1980s and 1990s Community justice as a concept owes Community justice as a concept owes

much of its momentum to the success of much of its momentum to the success of community policingcommunity policing



Community policing is both a Community policing is both a comprehensive strategy of policing comprehensive strategy of policing and a philosophy of law enforcementand a philosophy of law enforcement

Community justice, on the other Community justice, on the other hand is a strategy and a philosophy hand is a strategy and a philosophy of criminal justiceof criminal justice



The movement to community policing The movement to community policing represents an attempt to bring police represents an attempt to bring police closer to the public they servecloser to the public they serve Develops relationships to better understand Develops relationships to better understand

the needs of the community and better the needs of the community and better address local problemsaddress local problems

The community policing movement is The community policing movement is not the same as the community justice not the same as the community justice movementmovement


A Brief History of Community A Brief History of Community PolicingPolicing

During the Political Era of policing, the During the Political Era of policing, the police were a tool of those in power and police were a tool of those in power and oppressive to those who opposed the status oppressive to those who opposed the status quoquo

The Reform Era of policing, which began in The Reform Era of policing, which began in the 1920s, worked to professionalize the the 1920s, worked to professionalize the police, separate them from the political police, separate them from the political influence, and create a professional, influence, and create a professional, military-like administration system military-like administration system Police also became more impersonal and, as a Police also became more impersonal and, as a

result, became more distant from the publicresult, became more distant from the public© 2012 Todd R. Clear, John R. © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric CadoraHamilton, Jr. and Eric Cadora


Technology increased the rift between officers Technology increased the rift between officers and the communityand the community Automobiles – decreased footbeatAutomobiles – decreased footbeat Telephone and Radios – made it easy for the public Telephone and Radios – made it easy for the public

to quickly and easily contact the police for to quickly and easily contact the police for assistanceassistance

Computers – allowed statistics to be efficiently Computers – allowed statistics to be efficiently gathered which led to inferior, number-driven gathered which led to inferior, number-driven policingpolicing

Instead of listening to citizens’ concerns, officers Instead of listening to citizens’ concerns, officers and managers became statistics-drivenand managers became statistics-driven



The 1960s became a time of friction The 1960s became a time of friction between the community and police between the community and police because of the mishandling of civil because of the mishandling of civil rights and anti-war protestsrights and anti-war protests


Police and the Community: A Police and the Community: A Dual Track RationaleDual Track Rationale

The two aims of community-oriented policing are:The two aims of community-oriented policing are: Better community relationsBetter community relations Better crime preventionBetter crime prevention

Better community relations is necessary because Better community relations is necessary because the police rely on the public in order to do their the police rely on the public in order to do their job, but there are several impediments to good job, but there are several impediments to good community relations:community relations: Citizens with the advantaged social class tend to see the Citizens with the advantaged social class tend to see the

police in a positive lightpolice in a positive light Those who have significant social disadvantage do not Those who have significant social disadvantage do not

have the same positive viewhave the same positive view


Police and the CommunityPolice and the Community

The challenge isThe challenge is How to obtain and maintain positive interaction with How to obtain and maintain positive interaction with

citizens who may be predisposed to be suspicious of the citizens who may be predisposed to be suspicious of the policepolice

Police cultural attitudes which also interfere with the Police cultural attitudes which also interfere with the capacity for a positive relationshipcapacity for a positive relationship

Better crime prevention relies on community-Better crime prevention relies on community-based practicebased practice If the policing approach is simply to be more active in If the policing approach is simply to be more active in

response to crime – more investigations and more response to crime – more investigations and more arrests – the police will always be playing catch-uparrests – the police will always be playing catch-up

If a proactive approach is taken, there are more If a proactive approach is taken, there are more possibilities for public safety resultspossibilities for public safety results


The Community Policing The Community Policing Relations Rationale for Relations Rationale for

Community PolicingCommunity Policing Police work faces a series of built-in Police work faces a series of built-in

problems that tends to frustrate the problems that tends to frustrate the capacity of the police to do their jobs capacity of the police to do their jobs wellwell

Some of this is due to the nature of Some of this is due to the nature of the problem as well as the police the problem as well as the police themselves themselves


The Police: Essential Services The Police: Essential Services Ensnared in QuandaryEnsnared in Quandary

Although we see police around us Although we see police around us routinely, we encounter them only when routinely, we encounter them only when our lives are not routineour lives are not routine

The most important services provided by The most important services provided by the police usually take place in the context the police usually take place in the context of somebody being in trouble or some sort of somebody being in trouble or some sort of crisisof crisis This makes it quite natural to expect the police This makes it quite natural to expect the police

to arrive with special powers to intercedeto arrive with special powers to intercede


The Police: Essential The Police: Essential Services Ensnared in Services Ensnared in

QuandaryQuandary The powers of the police to act are The powers of the police to act are

carefully circumscribed by democratic law carefully circumscribed by democratic law and tradition, so the immediacy of the and tradition, so the immediacy of the predicament is always tempered by the predicament is always tempered by the limitations placed on police authority limitations placed on police authority

This often leads to disappointment, This often leads to disappointment, because the police will often feel because the police will often feel constrained in the actions they can take constrained in the actions they can take and citizens will often fail to grasp those and citizens will often fail to grasp those constraintsconstraints



QuandaryQuandary In police-citizen encounters, the reverse In police-citizen encounters, the reverse

can also occurcan also occur A police officer may interpret the facts of a A police officer may interpret the facts of a

situation as calling for serious or even situation as calling for serious or even urgent action, while the citizen feels urgent action, while the citizen feels intensely that his/her rights ought to intensely that his/her rights ought to constrain the actions taken by policeconstrain the actions taken by police

Often makes the police feel they are in a Often makes the police feel they are in a “damned-if-I-do and damned-if-I-don’t” “damned-if-I-do and damned-if-I-don’t” bindbind



QuandaryQuandary A major defining characteristic for how A major defining characteristic for how

people feel about the police can be race people feel about the police can be race and ageand age

People of color have lower opinions of the People of color have lower opinions of the police than do whitespolice than do whites

Young people have lower opinions than do Young people have lower opinions than do older people, regardless of raceolder people, regardless of race

Even with these problems, police Even with these problems, police consistently receive a more positive consistently receive a more positive performance appraisal than do other performance appraisal than do other sectors of the criminal justice system sectors of the criminal justice system


Police as a Symbol of Modern Police as a Symbol of Modern CultureCulture

The police represent social control, and they stand The police represent social control, and they stand for social orderfor social order

Many see the police as a symbol of safe and secure Many see the police as a symbol of safe and secure societysociety

Those who hold the symbolic vision of the police as Those who hold the symbolic vision of the police as the agency of social control typically support a the agency of social control typically support a strong police presence and object to “civil liberties” strong police presence and object to “civil liberties” views of the police that emphasize citizens’ rightsviews of the police that emphasize citizens’ rights When police are viewed this way, it is easy to think of When police are viewed this way, it is easy to think of

society as composed of “good guys” and “bad guys” – the society as composed of “good guys” and “bad guys” – the police come from the former group and are asked to police come from the former group and are asked to control the latter group control the latter group


Police as a Symbol of Police as a Symbol of Modern CultureModern Culture

To those who see the police as symbols of To those who see the police as symbols of power, the problem is not public safety but power, the problem is not public safety but the way to put meaningful reins on that the way to put meaningful reins on that powerpower

Because the most disadvantaged in our Because the most disadvantaged in our society are also the most likely to society are also the most likely to encounter police power used against encounter police power used against them, this concern often arises along the them, this concern often arises along the lines of social class and social statuslines of social class and social status



The United States is today a The United States is today a residentially segregated societyresidentially segregated society Those who live in the residential areas Those who live in the residential areas

occupied by dominant majorities see the occupied by dominant majorities see the police far more positively than those police far more positively than those who live in poor, minority areaswho live in poor, minority areas



Thus, part of what determines the way Thus, part of what determines the way citizens react to the police is how the citizens react to the police is how the police define citizenrypolice define citizenry When police see citizens as potential problems, When police see citizens as potential problems,

those citizens respond by seeing the police as those citizens respond by seeing the police as potentially unwelcome power in their livespotentially unwelcome power in their lives

When police see citizens as “residents,” those When police see citizens as “residents,” those residents will see the police as a support residents will see the police as a support systemsystem


Police as a Function of the Police as a Function of the Legal SystemLegal System

The police are first and foremost the initial The police are first and foremost the initial stage of the criminal justice systemstage of the criminal justice system

Police work has to be assessed on three Police work has to be assessed on three different criteriadifferent criteria How do police actions affect citizen willingness How do police actions affect citizen willingness

to report crimes?to report crimes? How do these actions encourage citizen How do these actions encourage citizen

cooperation with criminal investigations?cooperation with criminal investigations? How effective are these strategies in How effective are these strategies in

identifying suspects accurately?identifying suspects accurately?



Studies of police-citizen relations find Studies of police-citizen relations find that citizens who have had negative that citizens who have had negative experiences with the police often experiences with the police often become reluctant to assist the police become reluctant to assist the police in their investigations or report in their investigations or report crimes to the police in the first place crimes to the police in the first place – even when they are victims– even when they are victims



For police, this lack of cooperation has two sidesFor police, this lack of cooperation has two sides It is frustrating, because the police point of view is that they It is frustrating, because the police point of view is that they

are only trying to protect the law-abiding citizens from the are only trying to protect the law-abiding citizens from the “bad guys” and the lack of cooperation makes the work that “bad guys” and the lack of cooperation makes the work that much hardermuch harder

It is easy for police to view all the residents who express It is easy for police to view all the residents who express suspicion as somehow being aligned with the “bad element”suspicion as somehow being aligned with the “bad element”

After a while, some police can develop an attitude After a while, some police can develop an attitude toward these areas of “since they don’t care, why toward these areas of “since they don’t care, why should I?”should I?”

To protect themselves from an all-too-unfriendly To protect themselves from an all-too-unfriendly public, police adopt a first-choice style of public, police adopt a first-choice style of indifferenceindifference


Police as a Function of Power in Police as a Function of Power in a Societya Society

AuthorityAuthority is the legitimate capacity to require is the legitimate capacity to require compliance imbued in a role by law, standards, or compliance imbued in a role by law, standards, or customcustom It is housed in the idea that some consensus of opinion It is housed in the idea that some consensus of opinion

exists that the person occupying a certain role ought to exists that the person occupying a certain role ought to have a level of obedience to his or her directives, so have a level of obedience to his or her directives, so long as they flow from legitimate exercise of duties long as they flow from legitimate exercise of duties within that rolewithin that role

So long as the person with authority is acting So long as the person with authority is acting consistent with the expectations of the role, we consistent with the expectations of the role, we expect voluntary compliance with the directives expect voluntary compliance with the directives that emanate from the legitimate performance of that emanate from the legitimate performance of that rolethat role


Police as a Function of Power in Police as a Function of Power in a Societya Society

PowerPower, on the other hand, is the raw ability to , on the other hand, is the raw ability to compel compliance, regardless of a person’s compel compliance, regardless of a person’s willingness to complywillingness to comply When a person has power with regard to certain actions, When a person has power with regard to certain actions,

it means that person can make others do what is wanted it means that person can make others do what is wanted through some implied or actual coercive capacitythrough some implied or actual coercive capacity

Authority is a far more efficient way of getting a Authority is a far more efficient way of getting a person to do something, since it works without person to do something, since it works without any direct threatany direct threat Power, by contrast, requires implied or demonstrated Power, by contrast, requires implied or demonstrated

threatthreat


Police as a Function of Police as a Function of Power in a SocietyPower in a Society

Authority, to work, is reliant on voluntary Authority, to work, is reliant on voluntary cooperation, whereas power can be cooperation, whereas power can be exerted regardless of another person’s exerted regardless of another person’s willingness to complywillingness to comply In a very real sense, In a very real sense, authority is givenauthority is given by the by the

person exercising it to the person who has person exercising it to the person who has decided to comply, while decided to comply, while power is takenpower is taken by the by the person giving ordersperson giving orders

Authority exists because people voluntarily Authority exists because people voluntarily accept the dictates of the policeaccept the dictates of the police



Some may say that the more a person turns to Some may say that the more a person turns to power as the way to compel others’ compliance, power as the way to compel others’ compliance, the less everyone would expect that person to the less everyone would expect that person to have (or eventually obtain) authorityhave (or eventually obtain) authority

This is one reason why the This is one reason why the police culture police culture is such is such an important force in the work world of the policean important force in the work world of the police Police learn to approach the public with distrust and Police learn to approach the public with distrust and

suspicion, expect the public will not understand the job suspicion, expect the public will not understand the job of policing, and view everyone as a potential problemof policing, and view everyone as a potential problem

This cynical stance also reappears as a viewpoint of This cynical stance also reappears as a viewpoint of other elements of the CJ system other elements of the CJ system



Three points about the police cultureThree points about the police culture Develops in response to the pressures of Develops in response to the pressures of

the job and the traditions of the the job and the traditions of the departmentdepartment

Not uniform across all departments and Not uniform across all departments and all divisions within a departmentall divisions within a department

Not solely adverse in its effectsNot solely adverse in its effects



Because the police culture is typically Because the police culture is typically cynical in its orientation, it tends to cynical in its orientation, it tends to discount the value of authority and exalt discount the value of authority and exalt the importance of powerthe importance of power It is common for the police to confuse the two, It is common for the police to confuse the two,

seeking an increase in formal power because seeking an increase in formal power because of the weak potency of their authorityof the weak potency of their authority

More important, the dominant police culture More important, the dominant police culture puts the police office at odds with the citizenputs the police office at odds with the citizen



Two strong values in the police Two strong values in the police cultureculture ControlControl – the ability of the officer to – the ability of the officer to

ensure that responsibilities he or she are ensure that responsibilities he or she are assigned are carried out in an orderly assigned are carried out in an orderly and effective mannerand effective manner

Dominion Dominion – belief of the officer that he – belief of the officer that he or she has a person ownership in the or she has a person ownership in the area to which they are assignedarea to which they are assigned



Both can be perceived negatively by Both can be perceived negatively by citizens but positively by police citizens but positively by police officersofficers

It might be possible to use these It might be possible to use these police culture values in a positive police culture values in a positive manner to help a community manner to help a community



Problem-Based Learning Problem-Based Learning is a method of is a method of training that can help officers better face training that can help officers better face the unstructured problems they encounter the unstructured problems they encounter on the jobon the job

Encourages the development and use of Encourages the development and use of critical thinking skills critical thinking skills

Not currently prominent in police training Not currently prominent in police training academies but it appears to be gaining academies but it appears to be gaining respect respect


The Criminal Justice Rationale The Criminal Justice Rationale for Community Policingfor Community Policing

Studies have shown that without good community Studies have shown that without good community police relations, the police face extreme police relations, the police face extreme difficulties in carrying out their workdifficulties in carrying out their work

In the traditional model of policing, police see In the traditional model of policing, police see themselves as professional crime fighters themselves as professional crime fighters concerned with the problem of serious feloniesconcerned with the problem of serious felonies With regard to citizens, police are expected to be With regard to citizens, police are expected to be

impersonal and detachedimpersonal and detached With regard to crime, police are reactive and With regard to crime, police are reactive and

investigative, responding to criminal events based on investigative, responding to criminal events based on their seriousness and building evidence for criminal their seriousness and building evidence for criminal cases after the crimes have been reportedcases after the crimes have been reported


The Criminal Justice The Criminal Justice Rationale for Community Rationale for Community

PolicingPolicing In the late 1960s a series of studies In the late 1960s a series of studies

began which cast doubt on the began which cast doubt on the effectiveness of command policingeffectiveness of command policing Kansas City Preventive Patrol studyKansas City Preventive Patrol study Response time analysis studyResponse time analysis study One person vs. two person car studiesOne person vs. two person car studies


Community PolicingCommunity Policing

Robert Trojanowicz seen as father of this style of Robert Trojanowicz seen as father of this style of policingpolicing He argued that community policing is a full-service He argued that community policing is a full-service

policing model where the same officer regularly patrols policing model where the same officer regularly patrols the same area and forms partnerships with residents to the same area and forms partnerships with residents to solve problemssolve problems

Police scholars have identified three different Police scholars have identified three different types of community policingtypes of community policing Community-building strategies – strengthen community Community-building strategies – strengthen community

capacitycapacity Problem-oriented strategies – deals with causes of crimeProblem-oriented strategies – deals with causes of crime Broken windows strategies – focus on minor crime and Broken windows strategies – focus on minor crime and

physical disorderphysical disorder© 2012 Todd R. Clear, John R. © 2012 Todd R. Clear, John R. Hamilton, Jr. and Eric CadoraHamilton, Jr. and Eric Cadora


Community building strategiesCommunity building strategies Some community building tactics have Some community building tactics have

proven to be of little value (e.g., proven to be of little value (e.g., neighborhood watch and neighborhood neighborhood watch and neighborhood meetings) and some have more durable meetings) and some have more durable impact (e.g., victim-assistance impact (e.g., victim-assistance programs, Police Athletic Leagues)programs, Police Athletic Leagues)



Each of these methods are theorized to Each of these methods are theorized to improve crime-prevention effectiveness in three improve crime-prevention effectiveness in three waysways The effect of increased day-to-day interaction The effect of increased day-to-day interaction

between community residents and beat officers is between community residents and beat officers is thought to promote community-based “intelligence”thought to promote community-based “intelligence”

The more police and community talk the more information is The more police and community talk the more information is shared about crime and criminals in the areashared about crime and criminals in the area

The same contacts are thought to provide another The same contacts are thought to provide another way to reduce crime when the flow of information is way to reduce crime when the flow of information is reversedreversed

The belief that “police legitimacy” within the The belief that “police legitimacy” within the neighborhood is crucial to effective crime preventionneighborhood is crucial to effective crime prevention



What these strategies have in common is What these strategies have in common is their attempt to improve some aspect of their attempt to improve some aspect of community life by increasing interaction community life by increasing interaction among residents or creating a standing among residents or creating a standing relationship between community and policerelationship between community and police

Because of some inherent obstacles, the Because of some inherent obstacles, the communities most in need of assistance are communities most in need of assistance are also the least able to take advantage of this also the least able to take advantage of this particular approachparticular approach



Problem-oriented strategiesProblem-oriented strategies Developed by Herman GoldsteinDeveloped by Herman Goldstein Based on the idea that crime emanates from Based on the idea that crime emanates from

particular, persistent circumstances that can particular, persistent circumstances that can be identified, documented, and then overcome be identified, documented, and then overcome through systematic actionthrough systematic action

One successful strategy has been hot-spots One successful strategy has been hot-spots policingpolicing

Problem-solving methods seek policing tactics Problem-solving methods seek policing tactics that are intelligence basedthat are intelligence based



Community building strategies (cont.)Community building strategies (cont.) Medical Model of PolicingMedical Model of Policing

Six types of neighborhoods:Six types of neighborhoods: Intregral – have high levels of prideIntregral – have high levels of pride Parochial – homogenous values and culturesParochial – homogenous values and cultures Diffuse – much in common, but rarely interactDiffuse – much in common, but rarely interact Stepping-stone – starter homesStepping-stone – starter homes Transitory – much movement in and out of Transitory – much movement in and out of

neighborhoodneighborhood Anomic – residents accepted criminal victimization as Anomic – residents accepted criminal victimization as

a way of life a way of life



In the medical model, the officer is charged with learning In the medical model, the officer is charged with learning about the neighborhood just like a physician would learn about the neighborhood just like a physician would learn about a patientabout a patient

Some terminology is the same as in the medical professionSome terminology is the same as in the medical profession Intensive careIntensive care Preventive medicinePreventive medicine Health educationHealth education Bedside mannerBedside manner Physician Heal ThyselfPhysician Heal Thyself

Includes traditional methods when necessary but also Includes traditional methods when necessary but also interactive approaches that address long-term problem interactive approaches that address long-term problem solvingsolving



CompStat in New YorkCompStat in New York S.A.R.A. model of problem solvingS.A.R.A. model of problem solving

ScanningScanning AnalysisAnalysis ResponseResponse AssessmentAssessment

Intelligence policing most effective when Intelligence policing most effective when used in conjunction with community used in conjunction with community partnershipspartnerships



Broken windows strategiesBroken windows strategies Because the broken windows thesis holds that Because the broken windows thesis holds that

crime results from public disorder, the solution crime results from public disorder, the solution to crime is to use the police to create orderto crime is to use the police to create order

Often the power of arrest is used to enforce Often the power of arrest is used to enforce public order, especially by requiring that these public order, especially by requiring that these people abide by public expectations for people abide by public expectations for conductconduct

Use of “zero tolerance” policing practices are Use of “zero tolerance” policing practices are often controversialoften controversial


Community Policing and Community Policing and Community JusticeCommunity Justice

Community policing is not the same as Community policing is not the same as community justicecommunity justice

The COP movement in policing is, for the most The COP movement in policing is, for the most part, particular to the traditional functions of law part, particular to the traditional functions of law enforcement: investigation and arrestenforcement: investigation and arrest

COP is not a panacea but it has been an COP is not a panacea but it has been an improvement over the traditional methods of improvement over the traditional methods of providing police servicesproviding police services

It has also raised a series of questions about the It has also raised a series of questions about the role and functions of police in modern society and role and functions of police in modern society and the capacity of the police to accomplish those the capacity of the police to accomplish those functions alonefunctions alone



Because of their basic training, Because of their basic training, officers often become arbitratorsofficers often become arbitrators Often this provides a short term solution Often this provides a short term solution

to the issue at hand, but the solution to the issue at hand, but the solution may not be lastingmay not be lasting

Arbitration involves a person in Arbitration involves a person in authority listening to both sides and authority listening to both sides and then making a decision that will be then making a decision that will be implemented implemented



Mediation provides an opportunity for Mediation provides an opportunity for both sides to solve their own problem both sides to solve their own problem with the help of a facilitatorwith the help of a facilitator

Many police departments are training Many police departments are training officers in mediation techniquesofficers in mediation techniques

Some police departments have also Some police departments have also adopted mediation as a way to solve adopted mediation as a way to solve community complaintscommunity complaints



Officers who have been trained in Officers who have been trained in mediation have reported that the skills mediation have reported that the skills learned have made them better officerslearned have made them better officers

Community members who participate in Community members who participate in mediation can learn to better mediation can learn to better understand divergent viewpoints and understand divergent viewpoints and learn to use positive communication learn to use positive communication skills to address those differencesskills to address those differences


cj 220 chapter 2 policing and community justice © 2012 todd r. clear, john r. hamilton, jr. and...

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