Community policing, police legitimacy and procedural justice - PowerPoint Presentation

1. Community policing, police legitimacy and procedural justiceJB Edwards and Associates

2. GPAC Mission StatementThe Georgia Police Accreditation Coalition is dedicated to providing its members with professional leadership in meeting organizational objectives regarding national accreditation and/or state certification. We shall strive to ensure that all of our members are served in a professional, ethical and equitable manner. We aspire to increase the level of law enforcement professionalism among law enforcement agencies throughout the State of Georgia.” 

3. Daigle law GroupPolicies and procedures shall reflect and express the Department's core values and priorities, and provide clear direction to ensure that officers lawfully, effectively, and ethically carry out their law enforcement responsibilities. Agencies must develop sound policy based upon professional thinking, court decisions, and statutes.

4. Diagle Law GroupProvide officers with the direction and guidance necessary to improve and develop as police officers; and to identify, correct, and prevent officer misconduct. Ten high risk/critical task policies in law enforcement that lead to 99% of liability.

5. Top 10 high liability areasDaigle Law Group Use of force and force-related weapons Pursuit and emergency vehicle operations Accepting citizens complaints Response to the mentally ill Sexual and workplace harassment Care and custody of detainees Tactical operations deployment Response to domestic violence Evidence and property control Off-duty and secondary employment 5

6. Operations and policy analysis Has objectives, approaches and limitations, you must look through 3 lensProfessional lens Scientific (evidence based) lens Political lensRemember this process when: Defining, analyzing, constructing, developing criteria, assessing and evaluating alternatives and drawing conclusions6

7. Well Trained Public Service ProfessionalsBy Fredrick Mosher“Have perspective on themselves and their work, and on the social and political contexts in which they find themselves working”7

8. Leadership VisionPolicy ExpertiseInput from those who do the workLegal ReviewViews, evaluations, decisions, vision, policy and procedures must be grounded in operational realitiesTop down Vision and Expectations, Ground up Development with “All in” Support8

9. TODAYS WORLDTHE SIX TENSIONS ConstitutionalHumanProfessionalCulturalTechnologicalPolitical

10. CONSTITUTIONAL

11. HUMAN

12. PROFESSIONAL

13. CULTURAL

14. TECHNOLOGICAL

15. POLITICAL

16. Developing a Policy/Procedure Manual And Meeting Accreditation StandardsBy Chief Michael J. WhalenPublished through the Daigle Law Groupwww.DaigleLawGroup.comLaw enforcement agencies around the country find themselves under intense public scrutiny.On any given day and on any given call the interaction between our staff and the citizens we serve can find its way to the Internet and local news media with the click of a cell phone.

17. When your agency finds itself in the fishbowl of public scrutiny how will you respond and more importantly, will your department standards, policies and procedures pass muster?The importance of an up-to-date and comprehensive policy and procedures manual is not lost on the investigators at the Department of Justice.

18. In almost every one of its investigations the police agency’s policy and procedure manual has been a key area of reviewAdmittedly, developing and maintaining a comprehensive manual that meets professional and legal standards is no easy task. But it is just as important as drafting an annual budget, maintaining equipment or hiring personnel.

19. As the DOJ has stated, Policies and procedures are the primary means by which police departments communicate their rules, standards, and expectations to their officersPolicy provides a framework for consistent and appropriate standards of conduct for staff and when properly maintained and followed it affords a legal defense for the agency and its staff

20. OUR COURSE CONTENTThe complexity in today’s police workThe dynamic issues involved in use of forceProcedural Justice in the StationhousePolice relations, strategy and tactical interactions in the community policing paradigmPolice LegitimacyThe Tenets of Procedural JusticeConstitutional policing

21. Assumptions regarding what is different today Crime (historically low levels) based upon how we measure it… Calls for service (violations of law versus order maintenance) Technology (real time communication, social media, twitters focused networks and a camera in every hand and on every block) The media (24 hour news cycle with fierce competition from every corner…”Infotainment versus information”)

22. What is different continued Perspectives regarding the police (diverse views from diverse ideologies and cultures) The police (youthful, inexperienced), Police operations (Crime Fighter tactical mindset and tactical deployments)The proliferation of the mentally ill on the streets absent treatment or supervision and the “crisis” producedThe advancement of criminal justice reforms

23. Goal: The Protection of People and Property Methods 1. By Enforcing Law ( Focus on Prosecution ) 2. By Performing a “Peace Keeping” and “Order Maintenance Function” ( Focus on Caretaking )Modern Police Responsibilities

24. Crime Fighter Image ProblemsIgnores the peace keeping and order maintenance function that consumes the majority of time and effortPrevents us from intelligently evaluating police performanceCreates unrealistic public expectations about the ability of the police to prevent crimeCreates role conflict for individual officers by placing a premium on detective work and devaluing patrol

25. Important Roles of 21st Century Police Gate Keeper Function (Crime)Transportation Mandated Social Control Systems Support (Private, Parochial and Public)Social Welfare SystemMental Health SystemCriminal Justice Reform (Crime)Political SystemHomeland Security (Terrorist to Storms)

26. Dr. Herman Goldstien“Anyone attempting to construct a workable definition of the police role will typically come away with old images shattered and a new found appreciation for the intricacies of police work.”

27. Enforcement Vs. Order MaintenanceLaw EnforcementClear cut law to followUnambiguous PolicyRegular trainingProcedure drivenIdentification of offenderBlack and WhitePolice feel more confident and comfortable( Police run toward)Order MaintenanceNo criminal law to followNo PolicySeldom any trainingCommon sense drivenProblem solvingGrayPolice feel more incompetent and uncomfortable(Police run away from)

28. Crime Fighting Vs. Community PolicingCrime FightingPassive and ReactionaryCalls for serviceReport or InvestigateReturn to serviceFocus upon ArrestNon-Relational focusCommunity PolicingProactiveScanning for ProblemsDiagnose ProblemsSolve problemsFocus upon PreventionFocused, Rooted in and based upon relationships

29. Police CultureVery ingrained in their beliefs Skeptical of others and fraternal (Them and us paradigm)Never satisfied with the status quoDifficult to adapt and resistant to changeThink concretely and not abstractSee everything as black and white, can’t see the gray Assumptions and beliefs that guide behaviors and communicate to officers how to perceive and think about things. Informal rules and regulations and tactics Bravery, autonomy and secrecy.

30. What is the same as always Police are human Police are underpaid Police have less resources The nexus between crime and disorder and the social inequities since the 60’s (The complexity, tensions and risk of police work)The misconception that law and justice are the same “Law is a process, justice is a result”Perception IS reality

31. The 21st Century Police Officer Salary and benefits are inconsistent with the job and position (The public wants Einstein's for ditch digger pay)Lives in a glass houseIs scrutinized constantly (absent the unique perspective from particular experience )Has a “general practitioners” role in a “specialist's "world with little training as to the specialty expected to perform in a “wide range” spectrum (in minimum windows of time) Is a focus of the media (Subjectively driven versus objectively measured)Is loved, hated or not cared about either way (depending upon the relationship at the time) Overall, enjoys majority public support over a long period Can become a political lighting Rod (or outcast) Job is dangerous and froth with Bravo Sierra

32. What is going on… is it the times, the result of years of turmoil from dysfunctional families and generations frustrated by poverty. Is it the criminal element in our society, the liberal media, or is it a superficial notion created by overreaching and over reactive government interventions that reach conclusions from subjective data from isolated incidents. OR, could it be the way we do business?What is thought to be true versus what is true…anecdotal versus empirical (our beliefs or facts)What do the findings of these multiple DOJ investigations indicate…what can we trust and learn?

33. From Trevon Martin to Freddie Gray…what are the common denominators?Is it the repetitive, ignorant, bias, and slanted media reporting and focus turning the isolated into the systemic FALSE NARRATIVE?Is it Ignorance and misunderstanding among a few or among many regarding police work?Is it a modern generation of anti-social hoodlums that run amuck in the streets of high crime areas?Has the corrosive results from the “war on drugs, broken windows or hot spot policing” eroded police trust by many underclass communities.?Is it the spotlight on police bad apples that could survive in the 20th century, but are “caught” in the technological illumination of the 21st century like roaches in a dark corner?

34. They are never StaticThey are becoming more DiverseTheir needs, wants, expectations and perceptions are constantly evolvingMany inherit an unleveled playing fieldThey want to see resultsImpatient Emotional (Feel before they think)Experience distressed environments (Security)About our Stakeholders

35. History of Race and Ethnicity with Policing1850 Drunkenness/high crime (Irish)1882 Sunday Closing Laws (Jews)1906 Atlanta Race Riots (Blacks)1920 Irish Police/New York crime (Italians)1943 “Zoot Suit” Riots (Latinos)1960’s New York Shooting , LA “Watts” Nationwide Civil Rights Movement over 200 Riots (The Edmund Pettus Bridge at Selma Ala.)1991 Rodney King1992 Robert Wilkins and Maryland State Police1997 Amadou Diallo2001 Cincinnati (1st DOJ PP)

36. PERSPECTIVES March 7, 1965

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38. Poor Communities of ColorPovertyDysfunctional family conditions Lack of opportunityUnemploymentDisease, death and incarcerationFailing SchoolsThe debate over Personal Responsibility versus Institutional disenfranchisement and inequity continues to cause passionate controversy

39. The paradigm we live that evolved over five decades… almost three generationsThe history and memory from the civil rights years with the policeThe history from “The War on Drugs” with policePoverty issues and crime infested communitiesDisproportionate victims (6x) and arrest (8x)Aggressive policing in high crime areasImplicit and explicit biasInstitutional discrimination Low self-esteem highly impulsive character traitsPolice stereotyping and citizen stereotypingThe Charles Barkley versus Al Sharpton ideologies

40. Another Example from a Controversial, current and important debate Guardian versus Warrior (The Police Mindset)Rise of the warrior Cop, the militarization of America’s police forces by Radley Balko 2013The Challenge of Policing in a Democratic Society: A Personal Journey Toward Understanding by Chief Charles Ramsey, National Institute of Justice/JFK program criminal justice policy and management Harvard June 2014President’s Task Force Report on 21st century Policing March 2015Law Enforcements Warrior Problem, by Seth Stoughton. Harvard Law Review April 10th 2015

41. The perspective of Police now and then

42. Arthur NiederhofferCynicism is an ideological plank deeply entrenched in the ethos of the police world .... For many reasons the police are particularly vulnerable to cynicism. When they succumb, they lose faith in people, society, and eventually in themselves.

43. STUDIESOnly approx. 2% to 5% of all police contacts with citizens involve hostility or conflict (PERF 1995)The police perception of public hostility is far greater than the actual experience of physical challenges to their authority (Rand 2006)Police fall victim to selective contact (Police do not have regular contact with a cross section of the community)and selective perception (Remembering unpleasant events)Young Black males express more hostility than young white males, consequently, officers tend to stereotype young blacks as a “symbolic assailant” (Skolnick 1994)

44. The Racial Divide in Underclass CommunitiesDavid Kennedy NIJ 2011Both sides have inherited narratives about the other side There is no real dialogue between the twoPolice narrative: In high crime neighborhoods, no one cares, the moral backbone of these communities has collapsed, there is no community to work withCommunity narrative: No one cares, there is a conspiracy to destroy underclass communities and police play a huge roleBoth narratives contain exaggerations and falsehoods

45. Difference in perceptionsThe two sources to evaluate:The level of police presence and contact in a neighborhoodThe police officers field practices (Greatest source)Two factors to consider:Complaints regarding aggressive police tacticsComplaints regarding inadequate police attention and response (Both complaints from the same communities)

46. People of ColorDemonstrate strong support for additional police patrol and surveillances of their neighborhoods. However, they were much less supportive of stopping and searching people (Weitzer and Tuch)Often experience a delayed response to calls (Furstenburg and Wellford)Both Citizen and Officer demeanor changes in reaction to the demeanor and behavior of the other person (Dunham and Alpert 2009)Officers conduct can have a significant affect regarding how citizens respond

47. Pew Research Center 2016Blacks and whites differ dramatically in how they interpret fatal police shootings. For about eight-in-ten blacks (79%), these deaths signal a larger problem between police and the black community.Most whites (75%) say their local police do an excellent or good job when it comes to using the right amount of force for each situation. Only 33% of blacks share this view; 63% say the police do only a fair or poor job in this area. About six-in-ten Hispanics (62%) say their community’s police are doing at least a good job in this area, while 35% say they are doing only a fair or poor job.

48. Stoutlands Dimensions of TrustPriorities: Do people feel the police share their concerns regarding them and their neighborhoodsCompetence: Do people feel the police have the appropriate knowledge and skills to achieve their objectivesDependability: Do people feel the police can be counted on to fulfill their promisesRespect: Do people feel that the police treat them respectfullyMoran’s components of trustCare

49. Attorney General Loretta Lynch May 22nd 2015 CBS Interview with Nora O’Donnel“One of the ironies of this entire debate is when I talk to police officers about their concerns, they too talk about how they feel that people don’t see them as individuals, they see the uniform first, and not the person. People are really saying the same thing, everyone wants to be seen, everyone wants to be heard, everyone wants to be recognized as the person that they are and not a stereotype or an image.”

50. Cut dead, but still alive…caring for African American young men. By Gregory C. Ellison II Emory University.“Cut Dead”…is a 19th century adage meaning to be ignored or snubbed completelySocial Junk (homeless, mentally ill, alcoholics, drug addicts and forgotten elderly…Hopeless, no threat)Social Dynamite (impoverished, low waged working class and unemployed youth…ticking time bomb, frustrated facing the poverty, stereotypes and stigmas that prevent their full social inclusion)Loss of self-esteem (despair, apathy and shame)With hope removed…one becomes impulsive, difficulty seeing beyond the present and weighing consequence…How we approach people and what we say matters

51. Two Important Points:1.) The perception is this country today is there is a clear divide between the police and people of color. 2.) People living in poor neighborhoods need the police and want the police…They want Policing with the Community instead of to the CommunityThey want outreach instead of overreachThey want fairness, empathy, and understanding versus judgment They judge the police by their experiences, observations, and past history

52. It is tremendously important to remember how people see reality Often, people see reality totally different than each other…People can see the same things and come to entirely different conclusions People often do not see what we see or what we expect them to see… People see reality different based upon their different views, education or lack there of, cultures, beliefs, biases and feelings.What really is the reality and who’s reality is it?

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54. The modern media impact upon police, politics and society Infotainment focused instead of factual research drivenThe required speed and repetitiveness of the news cycle (Video over and over again)The “Newness” of the information Competition with social mediaThe Isolated incidents made out to be systemic Highlight the one bad cop over the thousands of good one’sSlanted views and editorials (Dramatic Bloviating)Rather report controversy over success (Bad over Good news)The 30 Second sound bite window

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62. Even when we are at our objective and professional best some things are just beyond our ability to control We cannot control or eliminate the forces and influences that cause people to become irrational, unreasonable or violent. The modern media viral injection of inaccurate or one sided information that forge adverse perceptions.The impatience of people for an answer, when one is not available (Often information takes time) sometimes there is no one answer.People tendency to see only black or white and not grayThe lack of understanding or comprehension as a result of the different standards in law versus other rules of life that… “Police actions do not have to be right, just objectively reasonable”

63. Does it really all boil down to the issue of “Compliance”Do we teach responsibility to seek compliance (with respect, thoughtfulness, good communication skills, that promote legitimacy)Or is our focus on structured respect and authority (Do what I say or your going to jail)Some people just can’t comply(Their state of mind, emotions, the context of the situation or substance abuse)Sometimes we don’t have time (Situational context of dynamic evolving events)

64. Past and Recent DOJ Investigations Miami 2011 Las Vegas Metropolitan Police 2012 * Seattle 2012 New Orleans 2012 Albuquerque 2012 Warren OH 2012 East Haven, CT 2012 University Montana Police 2013 Missoula Montana 2013 Cleveland 2013 Ferguson 2014 Baltimore 2015 Chicago 2016*Volunteered to undergo the review by the COPS Office after a series of shootings in 2011.

65. The Common FindingsImproper or excessive use of forceDysfunctional, or lack of an early Intervention SystemPoor or lack of management, supervision, and oversight of officers by their superiorsUnlawful stops and searches Evidence of racial or ethnic bias in operationsStatistical data of disproportionate traffic stops of minoritiesPolice interactions with persons with mental illness.

66. The Common Findings ContinuedPoor or lack of policies, procedures, training and supervisionPoor documentation and reports or no oversight for reports or no reporting at all… Internal affairs system failed to “meaningfully respond to complaints of officer misconduct.”No substantive role in community policing efforts.Heavy handed “revenue driven” disproportionate enforcement (Specific to Ferguson)

67. WASHINGTON POSTFinal tally: Police shot and killed 986 people in 2015By Sandhya Somashekhar and Steven Rich  January 6 2016Police shot and killed 986 people in 2015 Police killed 963 in 2016 (Data under Open Records request)U.S. Census Bureau's annual projections, the United States in 2015  320,090,857 people What Data from 2015 reveals:The Post found in 2015 that the vast majority of those shot and killed by police were armed and half of them were white.Blacks were killed at three times the rate of whites when adjusted for the populations where these shootings occurred. They made up nearly 40 percent of those who were killed while unarmed.

68. Mental illness played a role in one quarter of incidents.One quarter of fatal shootings involved a fleeing suspect.Indictments of police officers tripled in 2015, compared with previous years.Six percent of the killings were captured by body cameras.In three-quarters of the fatal shootings, police were under attack or defending someone who was.One in ten people shot and killed by police were unarmed.

69. Do our people know and understandGraham v. Connor standards The severity of the crime at issue, Whether the suspect poses an immediate threat to the safety of the officers or others, Whether he is actively resisting arrest or attempting to evade arrest by flight.69

70. Law enforcement restraint in the use of deadly force within the context of 'the deadly mix' International Journal of Police Science & Management Volume 14 Number 4Anthony J. Pinizzotto, Edward F. Davis, Shannon B. Bohrer and Benjamin J. InfantiJuly 2012The results of the study indicate that approximately 10 percent of the police officers sampled had been in a situation where they could have legally used their firearm but chose not to. Furthermore, police officers exercised restraint in deadly force in 93 percent of the situations in which they could have legally fired their weapon. Rather than an excessive use of force on the part of these officers, great restraint on their part was displayed.

71. "The Police Officer's Dilemma: A Decade Of Research On Racial Bias In The Decision To Shoot." Social & Personality Psychology Compass (2014): 201 213. Carrell, Joshua, et al. 25 May 2015.We must acknowledge that the experience of an officer can never be ethically simulated in a lab and that there are many factors that complicate police decision-making. It is only now – after more than 10 years of research – that we have reached a point where we feel somewhat confident commenting on police work. As we conclude this review, we consider factors that dramatically affect police decision making (fatigue and fear), which may compromise controlled processes critical to the reduction of racial bias.

72. Experimental work with undergraduate participants reveals a clear pattern of bias (a tendency to shoot Black targets but not Whites), which is associated with stereotypes linking Blacks with the concept of danger. Subsequent work with police officers presents a more complex pattern. Although police are affected by target race in some respects, they generally do not show a biased pattern of shooting.

73. We suggest that police performance depends on the exercise of cognitive control, which allows officers to overcome the influence of stereotypes, and we conclude with potential implications of this research for law enforcementFor police and students of social cognition, both, it is crucial to consider (a) the need to respond quickly; (b) the ambiguity of relevant information; (c) the presence of peripheral cues like race, gender, and environment; and (d) the potential influence of difficult-to-control associations between those cues and threat.

74. "The World Is Not Black And White: Racial Bias In The Decision To Shoot In A Multiethnic Context." Journal Of Social Issues 68.2 (2012): 286-313. Psyc INFO. Sadler, Melody S., et al. 25 May 2015.in fact, there was no evidence that target race biased a police officer’s ability to correctly shoot armed targets and to not shoot unarmed targets. Our accuracy results seemingly bode well for police officers in that implicit racial biases affected the speed of responses but not behavior

75. We argue that it is precisely in the early stages of an encounter that expectations police officers hold based on race, neighborhood, gender, etc., may unintentionally influence officer behavior and contribute to an escalation of the situation.

76. Racial and ethnic bias in decisions to shoot seen through a stronger lens: experimental results from high-fidelity laboratory simulationsLois James & David Klinger & Bryan VilaMay 22nd 2014Results: Study results suggest that subconscious associations between race and threat exhibited by participants are not linked to their shooting behavior.

77. Journal of Criminal JusticeAssessing the racial aspects of police force using the implicit-and counter-bias perspectives Lorie Fridella, Hyeyoung Limb March 2016 Community members decry the existence of widespread racial animus on the part of policeMany see explicit biases as a causeSocial psychologists have determined that modern humans are more likely to have implicit biases.The implicit-bias perspective predicts more or greater police force against Blacks. Adding complications to the debate, the counter-bias perspective, however, predicts exactly the opposite—lesser force against Blacks due to officers' fear of the consequences of using force against a racial/ethnic minority individual.

78. AN EMPIRICAL ANALYSIS OF RACIAL DIFFERENCES IN POLICE USE OF FORCERoland G. Fryer, Jr Harvard University July 2016Interestingly, as use of force increases from putting hands on a civilian to striking them with a baton, the overall probability of such an incident occurring decreases dramatically but the racial difference remains roughly constant. Even when officers report civilians have been compliant and no arrest was made, blacks are 21.3 (0.04) percent more likely to endure some form of force. Yet, on the most extreme use of force – officer-involved shootings – we are unable to detect any racial differences in either the raw data or when accounting for controls.

79. When examining reaction time to shoot in deadly scenarios, we found that officers took significantly longer to shoot armed Black suspects than armed White suspects. When holding all other variables constant (including suspect demeanor, language, dress, distance from participant, movement, location, sound, and light levels), officers took an average 200 ms longer to shoot armed Black suspects than armed White suspects. When examining shooting errors, we found that officers were significantly less likely to shoot unarmed Black suspects than unarmed White suspects, again, when holding scenario difficulty constant. By calculating the odds ratio, we found that officers were slightly more than three times less likely to shoot unarmed Black suspects than unarmed White suspects.The Reverse Racism EffectAre Cops More Hesitant to Shoot Black Than White Suspects?CRIMOLOGY AND PUBLIC POLICY May 2016Lois James, Stephen M. James and Brian Vila

80. Does the “reverse racism effect” withstand the test of police officer fatigue? Policing: An International Journal Vol. 40 No. 2March 2017 Lois James, Stephen James Elson and Bryan VilaWashington State UniversityThe research reported here provides novel insights about how fatigue effects officers’ decisions to shoot black vs white suspects, and directly addresses this high profile and divisive national issue. Our conclusion: the reverse racism effect – officers’ tendency to be more hesitant to shoot black suspects than white suspects – appears to be unaffected by fatigue.

81. 2 sides of the equation: Police UOF in the digital video ageBy John B. EdwardsPolice one April 15th 2016“Police use of force, whether right or wrong, is never pretty. It is unpleasant for anyone to watch. As humans, we all feel first before we think. As a result, passions, beliefs and unintentional and inadvertent ignorance can distort the structural view our law requires in viewing a use of force case”.

82. Washington University Law Review 2015Moral Panics and Body Cameras Howard M. Wasserman 82While body cameras are a good idea and police departments should be encouraged and supported in using them, it is nevertheless important not to see them as a magic bullet. The public discussion needs less absolute rhetoric and more open recognition of the limitations of this technology.

83. The public debate about body cameras must reflect the nuance and complexity of camera policy, grounded in the limitations of video evidence and the hard questions of implementation. The moral panic framework—in which policy responses are similarly erroneously touted as magic solutions that resolve all problems— highlights the failure to recognize that complexity. Should prompt government officials and all other stakeholders in the public debate to take a more cautious, realistic, and, likely, more effective approach to body cameras and to video evidence.”83

84. Study in Scott vs. HarrisSCOTUS SCOTT v. HARRIS, (2007)No. 05-16311350 Citizens viewed video tape of the pursuitParticipants reported “sharp differences of opinions” about what they had seenThe differences fell “along cultural, ideological and other lines”The study suggest that concluding that video evidence gives rise to only a single interpretation are unreasonable is in many cases a factually inaccurate conclusion, driven by cognitive illiberalism.84

85. Perceived benefitsDr. Michael D. White Body-worn cameras increase transparency and citizen views of police legitimacy. Body-worn cameras have a civilizing effect, resulting in improved behavior among both police officers and citizensBody-worn cameras have evidentiary benefits that expedite resolution of citizen complaints or lawsuits and that improve evidence for arrest and prosecution.„Body-worn cameras provide opportunities for police training

86. Perceived concerns and problemsDr. Michael D. White Body-worn cameras create citizen privacy concerns. „Body-worn cameras create concerns for police officer privacy. Body-worn cameras require investments in terms of training and policy development.Body-worn cameras require substantial commitment of finances, resources, and logistics.

87. THE YALE LAW JOURNAL APRIL 2016Will Putting Cameras on Police Reduce Polarization? Roseanna Sommers Findings reported here suggest that video evidence remains susceptible to biased interpretationIn deciding factual matters about what happened—such as whether a weapon was present, whether physical force was used, whether the citizen complied with the officer’s requests—fact finders reviewing video footage brought their prior attitudes toward the police to bear on their judgments. In deciding more subjective matters—such as whether the citizen posed a threat, was likely armed at the time, or was resisting arrest—viewers again relied on their level of identification with police.

88. Body worn CamerasSeth Stoughton University of South Carolina Law SchoolPractical LimitationsInfrastructureOff-camera eventsNon-visual/non-auditory eventsAmbiguity and interpretationPerspective and bias Cognitive Illiberalism“With very rare exceptions, we need more context than videos can always provide”88

89. Florida Law 943.1718, F.S.;Effective July 1st 2017Requiring law enforcement agencies to establish policies and procedures authorizing an officer's review of camera footage of an incident before writing a report or providing a statement; providing exception; providing an effective date. May not apply to an officer's inherent duty to immediately disclose information necessary to secure an active crime scene or to identify suspects or witnesses.

90. What happened to Perception of the Officer? Watching the Video Before Writing A Use of Force Report Eric Daigle Daigle Law Group“In my view, allowing an officer to view the video prior to writing a report, or participating in an interview (in serious use of force cases, in particular), is a serious mistake, particularly for the officer and his or her agency. The most important part of a force investigation is the officer’s ability to articulate his/her perception of the incident, not match his/her perception to that of the recorded video.”

91. The report writing process and the video footage questionSeth StoughtonVideo can be inaccurate (we may assess then change our memory)The issues with “objectively perceived” versus seen through the video perspectiveSeeing the video first places officer in a bad spot…”a moral hazard, with no good way out.”Suggest: “write the report first, then review the video and write the second report”.“Discrepancy does not mean lying.”91

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95. Is there a Ferguson effect?

96. FBI Director Comey at IACP 2016"In today's YouTube world, are officers reluctant to get out of their cars and do the work that controls violent crime? Are officers answering 911 calls but avoiding the informal contact that keeps bad guys from standing around, especially with guns?" he asked in his Friday remarks. "I don't know whether this explains it entirely, but I do have a strong sense that some part of the explanation is a chill wind blowing through American law enforcement over the last year. And that wind is surely changing behavior."

97. Comey continued"Far more people are being killed in America's cities this year than in many years -- and let's be clear: far more people of color are being killed in America's cities this year. And it's not the cops doing the killing," Comey said.

98. Ray Kelly, the former commissioner of the New York Police DepartmentSaid that police are no longer "taking the initiative," which he said accounts for some of the rise in crime."I commend Jim Comey for telling it like it is," Kelly told CNN's Wolf Blitzer on "The Situation Room." "Officers are not engaging in proactive policing, not engaging in the levels they engaged in the recent past."

99. Journal of Criminal JusticeSeptember 2016,Was there a Ferguson Effect on crime rates in large U.S. cities? David C. Pyrooza, Scott H. Decker b, Scott E. Wolfe c, John A. Shjarback dThe national discourse surrounding the “Ferguson Effect” is long on anecdotes and short on data, leaving criminologists largely on the sidelines of a conversation concerning one of the most prominent contemporary issues in criminal justice. Our findings are largely consistent with longstanding criminological knowledge that changes in crime trends are slow and rarely a product of random shocks.

100. De-policing and crime in the wake of Ferguson: Racialized changes in the quantity and quality of policing among Missouri police departmentsJournal of Criminal Justice, March 2017John A. Shjarbacka, David C. Pyroozb, Scott E. Wolfe, Scott H. Deckerd This is a challenging time for American police. Officers now find themselves in the “social media era of policing” where many of their actions are potentially captured on video, uploaded to websites, live streamed, and viewed by millions of people. A number of deadly force incidents involving minority citizens, many of which were captured on video and disseminated through various forms of media, have led to civil unrest, placing the law enforcement community under an unprecedented level of scrutiny

101. We found mixed evidence of the quantity of de-policing among local Missouri agenciesSpeculation about the causes of this racialized de-policing effect warrants further discussion. De-policing may be a reaction to officers' sense of “self-preservation” in this era of social media scrutiny of government institutions

102. Accordingly, it makes sense that officers are more likely to shy away from active police work in the very jurisdictions, and perhaps neighborhoods, that have higher African-American populations. Indeed75% of officers in a nationally-representative sample agree that recent high profile incidents have aggravated tensions between police and African American residents in their communities (Pew Research Center, 2017).

103. The results here demonstrate that jurisdictions with higher percentages of minority residents are more prone to de-policingThe current legitimacy crisis faced by the police is at the root of this issue. To address this problem we must find ways to improve community trust in the police. In doing so, however, it is necessary to help officers trust the public too.

104. Improving police-community relations is a two-way street, and the burden of reform cannot rest squarely on one party's shouldersA delicate balance must be reached between holding police accountable, while not making it impossible for officers to fulfill their job responsibilities

105. Richard Rosenfeld, professor of criminology at the University of Missouri St Louis and the chair of a National Academy of Sciences round table on crime trends For nearly a year, Richard Rosenfeld’s research on crime trends has been used to debunk the existence of a “Ferguson effect”, a suggested link between protests over police killings of black Americans and an increase in crime and murder. Now, the St Louis criminologist says, a deeper analysis of the increase in homicides in 2015 has convinced him that “some version” of the Ferguson effect may be real.

106. National Institute of Justice Documenting and Explaining the 2015 Homicide Rise: Research Directions Richard Rosenfeld University of Missouri – St. Louis June 2016 In summary, there are several empirical indicators and methods to evaluate alternative explanations of the 2015 homicide rise. It may turn out that the three considered here, as well as others yet to be proposed, are not competing hypotheses so much as interacting components of a broader explanation. For example, we might expect offenders to feel especially “empowered,” not only in the context of community discontent and anger, but when they also believe, correctly or not, that the police have backed off as a result. Homicide increases owing to a Ferguson effect might have been greater in cities with expanding drug markets and a larger pool of recently released prisoners than elsewhere. The necessary research will take time to carry out and must await the release of key empirical indicators.

107. The Alleged “Ferguson Effect” and Police Willingness to Engage in Community Partnership Law and Human Behavior, American Psychological Association 2016, Vol. 40, No. 1, 1–10Scott E. Wolfe University of South Carolina Justin Nix University of LouisvilleThe findings suggest that officers who have confidence in their authority or perceive their agency as fair are more willing to partner with the community to solve problems, regardless of the effects of negative publicity

108. We are often quick to ask how events such as Ferguson affect citizens, but rarely do we consider whether these events are harmful to the police. This is perhaps an equally important question. Regardless of whether the media or citizens challenge the legitimacy of the police, it is unlikely that the police will stop responding to violent crime. What is perhaps more conceivable is that they may be less willing to put in the “extra effort” in the form of working with the community to solve problems. Our study supported this idea initially. However, the data demonstrated that organizational justice and self-legitimacy were the key correlates of willingness to engage in community partnership.

109. This is encouraging for police agencies because it reveals that when supervisors are fair and cultivate confidence among officers, they can minimize the harmful effects of negative publicity. This is important because it can help sustain community engagement, which ultimately will help reduce crime in the community. Indeed, achieving such results makes communities safer in the long term

110. Third-person perceptions, hostile media effects, and policing: Developing a theoretical framework for assessing the Ferguson effectJournal of Criminal JusticeVolume 51, July–August 2017, Pages 24–33By: Justin Nix and Justin T. PickettWe found that officers perceive that media coverage of policing has a large effect on civilians, so much so as to impact crime ratesIn turn, hostile media perceptions increase officers’ 1) likelihood of believing that civilians' attitudes and behaviors toward police have worsened in recent years—that is, that there is a legitimacy crisis2) fear of having false allegations lodged against them. 110

111. Sensitivity to the Ferguson Effect: The role of managerial organizational justiceJournal of Criminal JusticeVolume 47, December 2016, Pages 12–20By: Justin Nix and Scott E. WolfePolice supervisors who use organizational justice as a guiding managerial philosophy are more likely to shield their officers from the negative work-related outcomes that can follow recent Ferguson-type publicitySupervisors should be fair, objective, honest, and respectful when dealing with their subordinates in order to communicate that the agency has their back even when it may appear the community does not.111

112. Dr. Tom TylerYale University“We find it very difficult to convince officers to be fair to people on the streets if they do not feel like they get fairly treated in their station house. If their sergeants don’t listen to them, do not explain anything, is not trustworthy or care about their wellness, then telling them to do things on the street with the public is a hard sell.” 112

113. Dr. Tom TylerYale University“Conversely, if officers do experience good things in the station house procedural justice comes naturally on the streets.”“We can connect feeling your in a fair work environment to use of force on the streets” Procedural Justice is about Internal Dynamics as well…113

114. Psychology, Public Policy, and Law Justice From Within: The Relations Between a Procedurally Just Organizational Climate and Police Organizational Efficiency, Endorsement of Democratic Policing, and Officer Well-Being Rick Trinkner, Tom R. Tyler, and Phillip Atiba Goff Online First Publication, March 17, 2016. The internal dynamics of a police department shape the way officers’ relate to their organization and how they approach their job Recent work has highlighted the importance of fairness in creating a supportive organizational climate within police departments114

115. More specifically, when officers feel they are treated in a fair—that is, procedurally just—manner they are more likely to endorse a service-oriented style of policingAs a result, encouraging procedurally just behavior within departments has been proposed as a way to change officer behavior outside of it 115

116. They want supervisors to be caring and benevolent. Second, people expect that supervisors will make fair neutral decisions based on facts, rather than decisions based on personal biases.This includes giving workers an opportunity to have input in which they can express their concerns during the decision making process, providing an explanation afterward of why the specific decision was made.Giving workers the means to appeal decisions that they feel are wrong. 116

117. Workers care a great deal about whether they are being treated in a procedurally fair manner. Procedural justice is a way for management to communicate to employees that they are an important and valued part of the organizationAs a result, workers identify with the organization and subsequently internalize its values. 117

118. This has two important ramifications.First, employees become more responsive to the directives of management Second, they become more willing to voluntarily do what is needed for the organization to thrive, including following the rules and cooperating with coworkers to complete tasks.Infusing procedural justice into the internal climate of an organization is a means to produce a more efficient and successful work environment.118

119. Effective police departments are dependent on an efficient hierarchy where administration can be confident that officers are following department policy and embodying the values of law enforcementHowever, while officers can be admonished to follow department rules, they have considerable discretion about the degree to which they conform to department policies when they are out on the street 119

120. Officers typically work outside of their departments without close supervision, making it logistically impossible for management to monitor the actions of every patrol officer. Focusing on the organizational climate within police departments provides a potential solution to this dilemma given the link between a supportive climate and worker compliance 120

121. Like any other worker, police officers are sensitive to fairness issuesThey want fair treatment by management and the equitable application of rules This facilitates the internalization of department values and priorities, increasing the likelihood that officers will follow department policy and obey supervisors121

122. Perhaps ironically, our results emphasize that to a large degree officers want from their organization the same thing that citizens want from officers: to be treated with respect in an honest and fair manner by those around them. It appears that if we want to change the climate between citizens and the police, a good place to start is by changing the climate within police departments. Such changes will go a long way toward creating more efficient police departments and happier officers more open toward the kind of policing that produces positive and mutually beneficial relationships with the public.122

123. Police wisdom is also importantExample is from 1829 and the nine principles by Sir Robert Peel, number 3 and 4…that apply today…3. Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.4. The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.

124. Could policy, training and understanding influence initial contact, content and context behaviors used by the police and mitigate risk ?Did our parents tell us all snakes were poisonDo we provide a little self-esteem or take the rest they have…A constitutional policing mindset (The ends never justify the means)Honey before vinegar mindsetSoft skills deploymentDiscretionary mulligans No marginal cases made or POP arrest Mindsets cause assumptions that develop attitudes that shape thought and drive behavior and conduct

125. Factor into the equation Having a bias is not being racist or sexist…Bias is an inescapable part of the human condition, All people (no matter the race) have biases We tend to transfer traits and characteristics from one to another based upon our previous experiences and beliefs The public “stereotypes" police, just like police stereotype the public (We all prejudge) If we can’t recognize and understand our bias, we can’t change it…Sometimes police shootings are Lawful, but Awful

126. Interaction and Education are key factorsTo eliminating the ignorance at the core of racism, sexism and other prejudice Objective perspectives and evaluationsInteraction and integration into responsibilities with empathyLooking for the right questions over preconceived answers To see the world through a more accurate lens, factoring in the dynamics of change, the ability for adaptation and utility of credible forecasting

127. After looking at the empirical evidence and incorporated our anecdotal experiences we know…That what we do and how we do it at the beginning of an encounter, in most cases can shape that nature and end result of that encounter

128. Social-awarenessEmpathy, understanding what motivates other people, even those from different backgrounds and being sensitive to others needs.Attunement, listening attentively and thinking about what others feel, attuned to others moods.Cultural and community awareness, appreciation the others values and culture, understanding the social networks and knowledge of the unspoken norms.

129. Social-awarenessInfluence, Persuasion of others by engaging them in discussions, appealing to their interest, and obtaining the support of key individuals.Developing others, personally investing time and energy in providing support and feedback that people find meaningful toward the development and growth of their community

130. Social-awarenessInspiration, articulating a compelling and purposeful vision, fostering positive emotional tone and bring out the best in the individual.Teamwork, encouraging the participation of the community and fostering of cooperation

131. Social-managementFollow the “Golden Rule”Promote fair processCommunicate clearly and convincingly Solicit and listen to feedback Resolve conflictsFoster resonanceUse kindnessBuild positive relationships

132. Be sensitive to others beliefs, experiences and angle of view Our cultures, traditions and beliefs shape who we are Economic, political and cultural experiences can shape who we are Beliefs and mindsets can polarize views and cause massive credibility problems We must be sensitive and tolerate to others We must remain objective and open to other views and understand why Tolerance does not mean “acceptance” We must train ourselves to constantly look at things in a different way…

133. Where we work

134. Why we work there

135. How we work there

136. Officers have a perpetual responsibility to the ACR RuleAware: (having knowledge or perception of a situation or fact…concerned and well-informed about a particular situation or development)Conscientious: (wishing to do what is right, especially to do one's work or duty well and thoroughly)Responsive: (reacting quickly and positively… answering)

137. “Create your relationships under non-stressful circumstances…if you wait to start after an incident or event, that’s a problem. Outreach more and now.” John Miller Deputy Chief NYPD May 2015

138. THE VALUE OF “PROBLEM ADOPTION”Demonstrates care and sincerityDevelops trust and relationshipFosters communication and collaborative work Builds credibility and influencePromotes chances for better resultsProvides learning and organizational maturity while mitigating chances of future riskInsulates agency, management and staff from additional problemsDo you Adopt your Citizens problems and make them yours138

139. The Edwards Theory of Problem Adoption“When a citizen has a “LEGITIMATE” problem identified through their perspective and in concert with moral, legal and ethical principles, within the scope of professional standards and policy and affecting or potentially affecting public order or safety, the Officer should adopt the problem to solve on behalf of the Citizen”139

140. Rationale for the AdoptionIts your JOBIf it’s your problem, instead of their problem you will frame it as such, and work harder to solve it.The citizen will recognize and appreciate the efforts of the Officer and such will build credibility and develop relational currency because it was done for them Those deposits of relational currency into the community will build an account you may later withdraw from (With a positive perspective) the community/citizen accountBenefits to the Officer and agency as a whole140

141. Be truthful, Never lie, build credibility and reputation with peopleWork toward helping people (The difficult “yes” over the easy “No” ) Understand the importance of “unintended” consequences forecasted during the decision making processManage stakeholders wellBuild Credibility

142. Always practice “ethical politics” Be transparent by intent and designNever do something that you could not endorse if it became public Develop good people skillsUnderstand the political processUnderstand roles and responsibilities Be guarded, careful and accurate in all communicationsWe must understand the role of politics upon government

143. 1. The tendency is to react emotionally rather than act rationally to a new issue or controversy (Our conclusion is largely based upon what feel rather than what we think)Political Axioms for Community Policing Initiatives Dr. David Carter, Michigan State University

144. 2. Superficial suppositions about ideas, programs, and initiatives will have a greater influence than in-depth substantive knowledge (embracing an idea or concept because it “sounds good”, not because they truly understand the meaning of the concept and what it involves.)Political Axioms

145. 3. When it takes too long to explain an idea and if it requires thought to understand it, then the battle for acceptance will be difficult (The media sound bite paradigm) Political Axioms

146. 4. A conceptual initiative needs a hook or a gimmick that can be easily identified with in order to get a political foothold. (The presence of a readily identifiable icon of a broader, usually more complex, endeavor is a necessity to gain recognition and support.)Political Axioms

147. 5. Timing is everything; to gain maximum political support a new initiative must be proposed at the time it appears to respond to a current, emotional, high profile public need. ( “It has to be done now society” )Political Axioms

148. 6. The probability for greater political support will increase if credit is given where it is not due. (Never underestimate the power of Ego)Political Axioms

149. 7. If some measures of activity or success cannot be visibly shown in the short- term, political support for the initiative will be limited. (No demonstrable success, no demonstrable support)Political Axioms

150. 8. There is a direct relationship between fickleness of the public and political maneuvering; as the public changes its mind, political support for an initiative will change at light speed. (It is the nature of our republic that political support will follow the winds of public concern)Political Axioms

151. “These axioms illustrate, our complex political interactions are based on simple assumptions”“The prudent executive/administrator will use these axioms as guidepost to help maneuver through the political terrain” --- Dr. David Carter MSUPolitical Axioms

152. 152What is Community Policing?WWW.Cops.usdoj.gov Community policing focuses on crime and social disorder through the delivery of police services that includes aspects of traditional law enforcement, as well as prevention, problem-solving, community engagement, relationships and partnerships. The community policing model balances reactive responses to calls for service with proactive problem-solving centered on the causes of crime and disorder. Community policing requires police and citizens to interact, talk, Identify common interests and join together as partners.

153. Agency Transformation and CultureLeadership buy-in and visionPolicy and procedureSpecialized Training (C.I.T. etc.)Resources for operations, surveys, meetings and mediaEnough Officers to have enough time to investLine Supervisor buy-in and supportDevotion to the investment

154. Community PartnershipsCollaborative partnerships between the law enforcement agency and the individuals and organizations that serve or include anyone with a stake in the communityMultidisciplinary partnership with other government service agencies, non-profits, faith based organizations, schools and businesses

155. Use partnerships to create and provide resources to areas policedConstant and on-going interaction, cooperation, collaboration and coordination within the communityRelationship Building

156. Problem SolvingS.A.R.A Model in I.L.P. Context (I.D. LE/OM issues)Be seen and use personal outreachIdentify potential issues (listen to stakeholders)Problem Adoption StrategySolve the problemsFollow up

157. 157Organizational ElementsPhilosophy is Adopted Throughout the OrganizationDecentralized Decision-Making and Accountability (Street level)Accountability and transparency in strategy and operational conceptsUtilization of Volunteer Resources/Services

158. 158External StakeholdersPublic Involvement, input in Community PartnershipsGovernment and Other Agency Partnerships to provide resources Academia (Public service research) for empirical evaluationsEarned and Social Media outreach

159. 159Philosophical DimensionDr. Gary Cordner, Eastern Kentucky UniversityCitizen Input - Police agencies need extensive input from citizens on problems, priorities, policies, etc. (Identify Common Interest)Broad Function - Policing is a broad function - it is much more than just law enforcement. Personal Service - Policing works best when officers know citizens and deliver personalized service - the opposite of “stranger” policing. Scan for problems, engage and help

160. 160Re-Oriented Operations - Police look beyond traditional strategies of routine patrol, rapid response, and detective investigations and utilize proactive strategies and tactics.Prevention Emphasis - Whenever possible, police should emphasize preventing crime rather than simply reacting after the fact. Geographic Focus - Policing should be organized and deployed to maximize the extent of identification between specific officers and specific neighborhoods.

161. 161Tactical Dimension Positive Interaction - Police should positively interact with all segments of the community - especially since the nature of police work guarantees that some negative interaction is inevitable.Partnerships - Police should partner with the community to deal with crime/problems, including collaborating with public and private agencies. Problem Solving - Police and citizens should take every opportunity to address the conditions that cause incidents and crimes.

162. 162Organizational DimensionStructure - Police agencies should re-examine their structures to assure that they support and facilitate community policing. Management - Police agencies should re-examine the way people are supervised and managed to assure consistency with community policing. Information - Police agencies should re-examine their information systems to make sure they support and facilitate community policing.

163. 163Variations in Community PolicingCommunity policing varies from one community to the next.Community policing in a large, metropolitan city may be different than community policing in a small, rural area.Sheriffs Offices and Police Department differencesCommunity policing is dynamic and it changes with the community, crime rates, mobilization of citizens, region of the country, and other social and environmental factors.

164. Police LegitimacyFrom the Research Of Dr. Tom Tyler, NIJ and COPSReflects the belief that the police ought to be allowed to exercise their authority to maintain social order, manage conflicts and solve problems in their communities.

165. Legitimacy is reflected in three judgments by the citizen The first is the trust and confidence in the Officer. Such confidence involves the belief that the Officer is honest and is trying to do the job well, and trying to protect our common interest Second, legitimacy reflects the willingness of the citizen to defer to the rules and to the Officer’s authority, i.e. the sense of obligation and responsibility to accept directions and authority. Third, legitimacy involves the belief that the Officers actions are morally justified and appropriate to the circumstances.

166. “A psychological property of an authority, institution, or social arrangement that leads those connected to it to believe that it is appropriate, proper, and just.” (Tyler, 2006, p. 375).What is “Legitimacy?”

167. Police authority is not defined entirely by the badge, gun, and arrest powers Police action must be authorized by the consent of the governedLegitimacy is not an immutable characteristic of the police --It can be conferred and removed over timeIt is defined in the hearts and minds of those being asked to follow “Consent of the Governed”

168. Corruption, scandals, and reform attemptsCausing/mishandling civil disorderExcessive force Race discrimination and profilingPoor people skills or “them and us mindset”History of poor relations with various communities (minorities, youth, mentally ill, LGBT)THAT BAD APPLE ON THE FIRST INTERACTION THAT MAKES US ALL LOOK BADUndermining Legitimacy: The Chronic Problems

169. Less willing to cooperate (e.g. "no snitch culture”)Less willing to comply with requestsLess willing to obey the lawMore likely to file complaints, lawsuits, and generate negative media coverage Consequences of Weak Legitimacy: Unhappy Citizenry

170. Unlike police lawfulness, which is defined by the text of laws and by administrative and regulatory standards, legitimacy lies within the perceptions of the public. Perceptions of legitimacy are subjective, and will vary among jurisdictions and within specific communities in those jurisdictions.Studies suggest that the public is not generally knowledgeable about law and the legalities of police practices

171. Hence, the public is not likely to be able to correctly assess the legality of some police practices. Rather, the public evaluates the legality of the police by reacting to how they and others are treated by the police. Minority groups focus on how they are treated by the police as a central cue to tell them if they are being racially profiled

172. Findings suggest that the public is more willing to defer to legitimate police actions when they believe the actions are reasonable and appropriate.A key indicator that the police are acting in reasonable and appropriate ways is that they behave professionallyThey make decisions in rule-based, factual ways; they listen to people and obtain necessary information from those involved so that they can make informed and intelligent decisionsThey treat people with dignity and respect.

173. The primary issue shaping people’s views about police legitimacy when people deal personally with the police is whether they believe that the police are exercising their authority in a fair and respectful way—i.e. with procedural justice. Thus, the police can most effectively build and maintain legitimacy by policing in ways that are consistent with public views about procedural justice

174. When the public believes that the police exercise their authority in these procedurally just waysThey accept the legitimacy of the police and defer to police authorityPromotes an increased level of compliance with the law and cooperation with the police.

175. Use of fair procedures encourages voluntary acceptance of police and legal authority, as well as respect for the broader justice system.This is important because it means that people are more willing to take responsibility on their own for accepting the limits on their behavior spelled out in the lawAbsent such community buy-in, the police must often revisit problematic people and situations and try to motivate unwilling members of the community to change their behavior.

176. Procedurally just behavior develops Legitimacy in leadership whether in the office or on the streetsProcedural JusticeLegitimacyCompliance and Obediencewe have a duty to repair that break in trust and find ways to ensure others’ concerns are addressed as we uphold the premise of equality and due process for all

177. OFFICER SAFETY IS ALSO TREMENDOUSLY IMPORTANT TO FACTOR INTO THE EQUATION

178. WE ARE SO MUCH BETTER HANDLING PROBLEMS AT THE FRONT END THAN THE REAR ENDHans Paul's Law (NASA)First and Foremost OUR SAFETY AND SECURITY AND SAFETY OF THE PUBLIC WE SERVEMass Administrative Requirements (Reports)Citizen ComplaintsInvestigationsCourt (Criminal and Civil)Time and Stress

179. Research in social and organizational justice has introduced three types of justiceDistributive justice refers to the fairness of outcomes received and is typically thought of in terms of equity Procedural justice refers to the fairness of the procedures used to derive the outcomeInteractional justice refers to the dignity and respect with which one is treated and to the extent in which one is timely, honestly and accurately informed about personally relevant issues179

180. Procedural JusticeA police tactic that promotes safety, compliance, cooperation, information and less stressA mindset, that people have value (in Society worse context)Managing human crisis with understanding and empathyA common sense understanding of why it matters to people to be treated fairlyA philosophy of how we treat peopleA framework to use to interact with the publicA sense of fairness in the process when we engage with peopleExhibiting a fair and impartial decision process

181. Procedural JusticeWhen you conclude an interaction where the person has lost their dignity…you plant a seed of resentment and leave a problem for the next officer to deal with…Where as if you reserve their dignity and promote procedural justice then you promote legitimacy for the next officer to face

182. An understanding of reasonable verbal emotional expression and passive resistanceEvaluating a difficult person from a dangerous person VersusDangerous resistanceNever Roll the Dice…If your in danger act

183. Procedural Justice translates to “PROCESS FAIRNESS” The processes by which allocations are determined. A just procedure is one that is applied consistently to all, free of bias, accurate, representative of relevant stakeholders, correctable and consistent with ethical norms. Procedural justice affects how decisions and policies are perceived.Key is treat people with Dignity and Respect (Interactional Justice)183

184. Procedural Justice at workBased on the premise that the most fair and respectful decision take into thoughtful consideration all perspectives and concerns KEY : Let them have a voice….LISTEN TO THEIR STORY When an officer makes a decision, procedural justice suggests that decision be objective, neutral, grounded in facts, and have an appropriate action or response (Explain Decision Making Process When Possible)Be Transparent 184

185. Four Tenets of Procedural Justice that promote Legitimacy1. Treat people with dignity and respect2. Give people “voice” 3. Be neutral, transparent and explain your decision making4. Convey trustworthy motives, meaning and purpose

186. Victimization can be traumatic:Defer JudgementShow sensitivity to victim’s experience – empathy, compassion, emotional supportShow competence – answering questions, explaining actions, following procedures, making decisionsAppropriate Response to Victimization is important

187. Procedural Justice is about five thingsUnderstanding our roles and responsibilitiesKnowing and understanding the dynamics of our interactions with the publicThe expectation of a fair processHow we think about what we doTranslating our understandings into behaviors that promote communication, fairness, legitimacy and transparency

188. Everything centers around the perception from the particular person regarding how they were approached and treated by you during the interaction.

189. The Psychology of Social JusticeDr. Tom TylerFEELINGSBEHAVIORSTHOUGHTSEXPERIANCE

190. The effect of justice on willingness to accept dispute resolution decisions.Dr. Tom Tyler TQuality of TreatmentEvaluation of OutcomeProcedural Justice JudgementVoluntary Decision Acceptance

191. Procedural justice (PJ;Leventhal 1980)Six principles:Consistency: the procedure should be applied consistently across persons and across time Bias suppression: no vested interest or partiality Accuracy of information: decisions based on accurate information or expert opinion Correctability: provision for correcting bad decisions

192. Procedural justice Representativeness: ”Voice” those affected by the decision should have influence on the decision Ethicality: no deception, manupulation or coersion

193. Procedural justiceCan be viewed as a means to attaining legitimacy and can be defined in terms of four issues. First, people want to have an opportunity to explain their situation or tell their side of the story to a police officer. Second, people react to evidence that the authorities with whom they are dealing are neutral. This involves officers making decisions based upon consistently applied legal principles and the facts of an incident, not an officer’s personal opinions and biases

194. Third, people are sensitive to whether they are treated with dignity and politeness, and to whether their rights are respected. Fourth, people focus on cues that communicate information about the intentions and character of the legal authorities with whom they are dealing (their “trustworthiness”). People react favorably when they believe that the authorities with whom they are interacting are benevolent and caring, and are sincerely trying to do what is best for the people with whom they are dealing.

195. Even when we are at our objective and professional best some things are just beyond our ability to controlOFFICER SAFETY MUST AWAYS REMAIN OUR FIRST AND FOREMOST PRIORITY We cannot control or eliminate the forces and influences that cause people to become irrational, unreasonable, evil or violent.

196. THE MOST IMPORTANT THING AN OFFICER CAN DO IS THINK AND REMAIN IN CONTROL OF THEMSELVES TO ASSIST IN THEIR EFFORTS TO CONTROL OTHERS

197. TWO PRONGSCognitive ability and skills, in combination with emotional control and disciplined behavior provide a more objective interpretation of the contextual circumstances of the situation.Implementation of “The Golden Rule” promotes positive reactions THE GOLDEN RULE SUPPORTS THE CONCEPT OF PROCEDURAL JUSTICE

198. BOTTOM LINEProcedural Justice IS NOT ABOUT THE OUTCOME, its about the PROCESS !!!

199. FollowsProcedural Justice PrinciplesAddresses the Needs of VictimsOfficer’s ActionsOfficer is FairOfficer Listened to meI’m Satisfied with EncounterOfficer is RespectfulCitizen’s PerceptionsOfficer cares about my WellbeingI trust this OfficerI trust the Dept.Increase Compliance with RequestsIncrease Officer SafetyExpected OutcomesIncrease Investigative InformationReduce Citizen ComplaintsIncrease Job Satisfaction

200. Two Important PointsAbsolute perfect and legal action does not always translate into the citizen’s perception of procedural just actions…Soft people skills (Intrapersonal and Interpersonal) are tremendously important Procedural Justice Centers on Treatment and Process

201. Procedural Justice: Taking The Ego Out Of PolicingCommunication before AuthorityProfessional attitude and servant mentalityDiscipline toward preventing “Contempt of Cop” mindset…(P.O.P)Controlling biasEmpathy

202. Three Important AreasHumanize the experience: Appearing approachable and accessible is a key component of procedural justice. When interviewing suspects or witnesses, make eye contact and use body language to convey respect. Thank citizens for their cooperation with the process as a means of yielding increased cooperation in the future.

203. Explain what you're doing and why: For many individuals, a routine traffic stop or other interaction with law enforcement can be a traumatic event. The legal jargon and procedures (familiar to practitioners in the field) can be confusing and intimidating to the average person. Whenever possible, use simple terms to explain your actions, the legal and/or practical reasons for doing so, and any consequences they may have for the person. For example, when issuing a summons, clearly explain the process for appearing in court to resolve the matter—including providing directions to the courthouse, if and how a lawyer will be provided, and whether there are options to resolve the matter by mail or online. These strategies can help promote compliance.

204. Create opportunities for individuals to be heard: Giving people an opportunity to speak and have their concerns heard can add a few extra minutes to the average interaction, but it is time well spent. Research shows that having your voice heard increases perceptions of fairness, even when the person is told that his views will not influence the ultimate decision or outcome. Consider how to maximize the citizens' voice in contexts where it may be limited, such as traffic and street stops or walk-in inquiries.

205. The Five Tenets of Constitutional Policing John B. Edwards

206. It all starts with our “Mindset”Guides our way of thinkingFrames our focus, importance and attentionDevelops our assumptionsDefines ignorance, fights arrogance and promotes competenceShapes our attitudeForges our behaviorExacerbates or mitigates Risk Promotes results and consequences

207. The Proper MindsetThat we are servants to the constitution, and as a result a defender of Individual Liberty and Civil RightsThat seizing or arresting “isn't about what you want but what you’ve got.”We must always keep it “Professional and never let it become Personal”The ends never justifies the meansManage Ignorance, don’t be victim to arrogance The law book does not have your name on the cover…it’s not your law, it’s the State’s law.Specificity is the compass to guide you in the right direction

208. Before we can Lead, Manage and Mentor Police Officers We must Know and Understand Five Central Tenets Regarding Constitutional Policing The StandardThe StructureThe FunctionThe ProcessThe System

209. THE STANDARD“We measure what is reasonable on the part of the Police by looking at what they know.” Paula K. Smith, Georgia v. Randolph 547 US 2006

210. THE STRUCTUREThe Law (Rules)The Facts (What we know)

211. THE FUNCTION Determines through evaluation what is legalBAD FactsSubjectiveGeneralMarginalUnreasonableGOOD FactsObjectiveSpecificSoundReasonable

212. THE PROCESSProviding Context within the paradigm of Social and Legal Construct DevelopmentWhat we see and How we see it (Our perception of the facts and circumstances)What we say (Our words and their meaning)How we act (Our behavior and conduct)What we do, based upon what we know (The cause and results of our actions)How we describe it all (How we articulate facts)How we document it all (How we record those specific facts and underlying circumstances)

213. THE SYSTEMThere exists a natural tension between the constitution and government intervention Law is process, justice is a resultThe law is not always logicalThe judicial system does not operate in a vacuum Cases are decided on a case by case basisNuisances paint pathsProsecutors look for truth, jurors look for doubt

214. Roles and ResponsibilitiesPolice officers are “Peace Officers”…fact-finders, gatekeepers and guardians of the constitution Prosecutors are truth-seekers, evidence evaluators and advocates for the State against crimeJudges are referees and captains for fairness and due processDefense attorneys are advocates for their clients, creators of smoke screens, developers of confusion, designers and promoters of doubtJurors are “human beings” limited in information and guided by the court in insight, with a legally mandated and ingrained intended slant on behalf of the defendant charged

215. THE TOUCHTONE OF THE CONSTITUTION IS WHAT IS OBJECTIVELY REASONABLEWe must model and teach reasonableness

216. What is Reasonable ?Well it Depends… The beginning issue that put you there Who is involved What is said What is done How its done Why its done The context All based upon the totality of the facts and circumstances

217. The two most important Questions for Fact-finding by Police OfficersHow do we know ?Is the first most important question in an investigation…”Basis of knowledge”Is the observation or information trustworthy?What are the underlying facts and circumstances (Veracity, Reliability, credibility )

218. Constitutional Policing TensionConstitutional policing relies almost exclusively on the lawfulness of police action, while the job of policing emphasizes the effectiveness of police action at making cases and reducing criminal activity.

219. Constitutional policing and Rightful policingDr. Tracey L. MearesRightful policing attempts to account for what people say that they care about when they assess individual officer behavior as well as agency conduct generally. It differs from law full policing and effective policing in at least two ways. 1.) Does not depend upon the lawfulness of the conduct2.) Does not depend upon being effective crime fighter

220. People often do not focus on the lawfulness of police conduct…Although it seems counterintuitive, decades of research show that people typically care much more about how law enforcement agents treat them than about the outcome of the contact.

221. Key Components to factor into the equation Officers take an oath to uphold, protect and follow the Constitution To violate the oath, is and of itself a crime

222. Four types of Officers cause Constitutional unlawfulness Those that do not know any better (Ignorance, lack of training or supervision)Good officers that let their emotions get hold of them and mess up when they clearly new betterThose who are deliberately indifferent as a result of their arrogance and subjective beliefs (Ends justifies the means type)Those who although well intentioned, make mistakes

223. Wrong MotivationsOfficers know the rules, but they sometimes skirt constitutional standards because they want to deter crime by incarcerating the truly guilty. Or if deterrence is not their immediate goal, officers sometimes bend rules because they simply want an individual that they have identified as a lawbreaker to get his or her "due" in a sort of retributive justice sense.

224. Noble-cause corruptionDoing the wrong thing for the “perceived’ right reasonEnds “justifies” the means mindsetFalse police reportsLying in courtIntentionally covering up or hiding exculpatory facts or evidence

225. EXTRA INFORMATION TO AGUMENT LECTURE FOR LATER STUDYPower Slides 226 to 263 (this presentation)https://cops.usdoj.gov/Default.asp?Item=2866https://cops.igpa.uillinois.edu/procedural-justice-resourceshttps://www.gapost.org/pdf_file/PLPJandCR_POI_2017.pdfhttp://www.policeforum.org/assets/docs/Free_Online_Documents/Leadership/legitimacy%20and%20procedural%20justice%20-%20a%20new%20element%20of%20police%20leadership.pdf

226. The Big 3 DomainsAuthorityDiscretionAutonomy

227. FindingsDiversity and Social Justice – iSitesisites.harvard.edu/fs/docs/icb.topic920403.files/Lecture%209.pptProcedural justice research has contributed to our knowledge of the types of actions that people perceive as wrong and provoke feelings of injustice in informal and formal relationships. To ask people what acts they consider unjust is in a sense to ask them what they consider people to be entitled to from others. The findings show that people believe they are entitled to have their say and to be listened to in their dealings with others.

228. Findings from Interactional ResearchFindings show that people believe they are entitled to interpersonal sensitivity. Put differently, people believe they are entitled to polite and respectful treatment from others (Greenberg, 1994). Also, people think they are entitled to explanations and accounts for any actions that have personal consequences for them (Shapiro, et al. 1994).

229. Findings from Interactional ResearchThe violation of these interactional entitlements, like any contract, is an injustice in people’s eyes. Disrespectful treatment can aggravate an injustice created by an underserved outcome, and is an injustice of its own.

230. The Experience of Injustice To understand how disrespectful treatment creates feelings of injustice, it is useful to look at the actual experiences of people.Studies have shown that when people suffer an injustice the most common emotional responses are anger, rage, and indignation. They report feeling upset, aroused, butterflies in the stomach, and increased heartbeat (Mikula, 1998).

231. The Link Between Disrespect and Anger The perception that one has been treated disrespectfully is well known to be a source of anger. Lazarus (1991), for example states that insult is the main factor in the arousal of anger.Research shows that when asked to describe unjust events, people describe circumstances when they felt insulted or were treated disrespectfully (Mikula, 1986). Why do they consider an insult or a disrespectful act unjust?

232. The Link Between Disrespect and InjusticeAn insult or any disrespectful act is experienced as unjust because it derives people of something that they believe is rightfully theirs.When people are denied respect that they believe they deserve, people feel as unjustly treated as when they are denied the material resources that they believe they deserve.An act of disrespect is unjust because it deprives people of something to which they are entitled. And it subjects people to something they do not deserve.Insults and disrespect produce feelings of injustice because they create a social imbalance.

233. The Link Between Disrespect and InjusticeOne reason we so deeply resent insults and disrespectful acts is not simply that they hurt us in some concrete way. It is because such injustices are also symbolic communications.They are ways a wrongdoer has of saying to us, “I count but you do not,” or “I am here up high and you are done below.”Most of us tend to care about what others think about us – how much they think we matter. Our perception of injustice is social in at least this sense.

234. The Link Between Disrespect and InjusticeSo when others treat us disrespectfully it impacts us in profound and deeply threatening ways.We resent (or worse) those who attack us. Revenge and retaliation, seen as necessary to keep one’s respect and honor, is a form of self-defense.

235. The Link Between Anger and InjusticeResearch shows that injustice makes people angry. Strong feelings of injustice make people feel justified in taking aggressive action. Some researchers contend that perceiving inequality between their group and another is a necessary condition for people to initiate collective violence.

236. The Link Between Anger and InjusticeInjustices have a transcendent quality. A personal insult that is termed an injustice becomes a collective injustice.And avenging the injustice becomes a defense of the honor and integrity of the entire moral community.

237. The Link Between Group Values and InjusticeAnger is not limited to injustice perpetrated against one’s self.Witnessing the harming of a third party can also provoke feelings of anger and injustice.

238. The Link Between Group Values and InjusticePeople are loyal to the “ought forces” of their moral community, as Heider (1958) termed them. Violating these forces is an insult to the honor of the community and provokes moralistic anger and the urge to punish the wrongdoer.

239. Reactions to InjusticePeople who feel they have been treated unjustly –and who still resent the wrongdoer – chose one of two coping strategies, recent research suggests (Miller, 2001). They choose either to withdraw or to even the score.

240. Reactions to InjusticeThe reaction of the perpetrator to his or her act also affects the victim’s response.When the perpetrator’s response includes a sincere apology and an offer to engage in some form of restitution, this action is likely to diminish the victim’s anger.

241. ConclusionsThe pursuit of justice is a fundamental aspect of social life. Concern for justice and respect for personhood are powerfully and inseparably linked.

242. ConclusionsBy discovering what people believe to be the entitlements and responsibilities of the moral community, we glimpse what it means to be a member of that community.By discovering how conceptions of justice vary across cultures, we discover how conceptions of justice are central to understanding both individual psychology and social life.

243. Educating the 21st Century Cop developing blue courage and practical wisdom Police Chief September 2013(Nila, Schwartz and Sharpe)The scope of discretion—and its good use and misuse—have long been highly contested in police work.One does not have to take sides in the debate between community and traditional policing models to recognize that wise policing, under any model, can never be fully actualized by a set of rules or procedures. It always demands discretion.

244. An officer determined to avoid using discretion will fail or become ineffectiveDecisions involving use of force or to remove an individual’s freedom are the most important of all decisions with drastic consequences.Many police functions demand activities other than enforcing the law, and these important police roles are much more ambiguous. Giving first aid at accident scenes, helping to find a lost child, dispersing rowdy teens from public places—all of these demand a wide range of discretion.

245. Police must constantly balance good principles that pull them in different directions with their obligation to enforce the law and the obligation to preserve the peace, minimize harm, and sustain community trust.Figuring out what a good principle means in a particular case is often difficult. Does pursuing equitable law enforcement always mean an officer should treat everyone absolutely the same—the speeding violation by the partying teenagers and the speeding violation by the expectant father rushing his wife to the hospital, for example?

246. There is often a wide range of discretion in engaging citizens, incorporating what an officer says or does (that is, suggest, advise, warn, dictate, or arrest) and how—the tone or style—the officer does it (that is, politely, respectfully, firmly, belligerently, or threateningly).These are choices an officer makes numerous times in the course of a shift. These decisions are made on the street and often in tense, emotional, and sometimes dangerous situations. They must be made in real time not in the sterile offices of police headquarters or the executive suite.

247. Exercising discretion well demands habits or virtues of good character such as patience; humility; a sense of fairness and justice; the desire to help others, to listen, and to be empathetic; and an aspiration to build community trust through collaboration.

248. Factors that influence discretion The background of the officer (culture, experience, beliefs, bias and training) The characteristics of a suspect (age, gender, race, attitudes, expressions, conduct etc.) Department Policy (zero tolerance stances) Community interest (problem or highlighted areas and issues) Pressure from complainants or victims

249. Factors that influence discretion continued Officer disagreement or conflicting belief in the law (victimless crimes, eg: gambling, open container of a passenger etc.) Available alternatives to the officer at the timeThe Standard: What is within the law, policy, ethics, public perception incorporated with the 21st century context of functional transparency and political influences

250. A police officer cannot exercise these traits without two other critical virtues: Courage, to take the risk involved in actually embodying these traits in action; and (2) the practical wisdom, to know when and how to do it.

251. it takes courage to challenge a supervisor or a fellow officer making poor decisions that place others in danger or the mission at risk; to speak calmly and firmly in a highly charged, emotional domestic disturbance; to be self-reflective and self-regulating; to admit a mistake; to empathize with others; and to serve the proper aim of policing.

252. Blue courage is defined as a way of being, a philosophy that inspires one to embody the noblest of character and unquestioned devotion. It is to flourish in all aspects of life, to act with Practical Wisdom, to exude vitality and to hearten human connections.Practical wisdom is the right way to do the right thing that serves the right purpose, given the particular circumstance, the particular person or persons, and the particular time.

253. Practical Wisdomknows how to improvise to create the right outcome in each circumstance;is acutely aware of any social context and how his or her behavior affects others;exercises good judgment in making decisions that best serve those involved, given the circumstance of the moment, and given what justice and professional norms demand;

254. Practical Wisdomis humble enough to be empathetic, able to see a situation through the perspective of another, and considerate of how another feels;is emotionally in control and uses emotion to inform reason; andis an experienced person and works hard to master the craft of policing through relentless learning and practicing of the craft.

255. Anger can never influence conduct and behavior or cause an officer to be drawn into a situation where personal feelings conflict with professional obligations, responsibilities or duties.Supervisors must teach how to see things in the proper perspective and manage emotionsOfficers can Never be held hostage by their emotions:

256. Never make poor or marginal cases based upon people being disrespectful through their behavior or speech. Insure that disorderly conduct, obstructions and other charges based upon bad behavior and conduct are objective and clearly violate elements of a particular crime. NO P.O.P. Don’t violate the First Amendment. Maintain a professional attitude at all times, free from anger and motivated to placate situations, rather than aggravate and intimidate. Treat everybody with dignity and fairness and be consistent. ZERO-TOLERANCE ISSUE

257. POP or Contempt of CopContempt of cop is law enforcement jargon in the United States for behavior by citizens towards law enforcement officers that the officers perceive as disrespectful or insufficiently deferential to their authority. The phrase is associated with arbitrary arrest and detention and is often discussed in connection to police misconduct such as use of excessive force or even police brutality as a reaction to disrespectful behavior rather than for any legitimate law enforcement purpose.

258. POP or Contempt of CopArrests for contempt of cop may stem from a type of "occupational arrogance" when a police officer thinks he or she should not be challenged or questioned. From such officers' perspective, contempt of cop may involve perceived or actual challenges to their authority, including a lack of deference (such as disobeying instructions)

259. Central is Good Decision Making and Supervisor Oversight Who, What, When, Where, How and Why…information collection (Knowledge) Objective and Fair Evaluation (Objective Analysis) Situational and Environmental Awareness (Context) Good Judgment (Process) Consequence Forecasting (Foresight)All Depends upon Emotions with Actions (The mental and Physical status)

260. Your Department is Only as Strong asYour Weakest Supervisor (Daigle Law Group)This means that if you have a Sergeant who is not holding officers accountable, looking the other way, or more concerned about being liked than being a supervisor, your Department is wide open to the imposition of agency/officer problems and/or liability.Supervisors must work to ensure that they are not deliberately indifferent to policy violations or unconstitutional conduct.

261.

262. THE SIGN

263. Baltimore City police released a statement, saying:"The nature and the posting of wording in one of our transport vehicles is both concerning and unacceptable. We have recently become aware of the wording and have begun an internal investigation to determine all the circumstances surrounding its placement and to identify the person or persons responsible for its posting. This is an incident that is being taken very seriously."