7 Issues in Modern-Day Policing

Overview

Sean, Maria, Terry and Camryn have been meeting informally at the campus coffee shop after their Introduction to Criminal Justice class. This time together permits them to get to know each other in a social atmosphere, being connected by their interest in criminal justice. They have even considered forming a “Criminal Justice Club” to encourage others in their class to join them to enhance their discussions.

Today, Maria remarked, “I was surprised at how many issues face the police these days. A protest in our city called out for defunding the police, yet when my neighbor had an emergency, it seemed like it took a long time for the police to respond. We learned later it was because they were on a higher priority call. Who knew their jobs could be so demanding?” Terry added, “And it isn’t just the police! The public is demanding accountability for criminals too, but prosecutors and the courts are limited because of the outcry across the country that the laws treat some people unfairly. Then you see chronic violators, some with previous felony charges and convictions, being released, then victimize someone else hours later. What’s up with that?” Sean had already drawn some conclusions of his own, based upon the recent victimization of his father. Sean decided to suspend his comments until others had spoken, but he was glad to hear their perspectives. As for Camryn, they had been interviewed by the police as a witness to a crime about six months ago. The experience for them wasn’t satisfying, in that it seemed the police officer showed bias and displayed a dismissive attitude in their recollection of facts. The officer was curt with them, and did not seem to want to ask follow-up clarifying questions. Camryn hoped that, longer term, the police force in the community might receive some focused training in the area of effective interviewing techniques to be used in diverse communities. In that regard, Camryn is now motivated to gain necessary knowledge, skills and training so as to make a difference in how criminal justice delivery occurs in the community, particularly to BIPOC and LGBTQIA+ members.

After reading Chapter 6, the reader now has an understanding of the history of law enforcement until 1960. This institutional memory is important to properly recognize and learn from the early efforts of pioneers in the discipline of law enforcement. From these experiences, today’s police at all levels can develop “best practices” approaches from the “lessons learned” in history. Chapter 7 intends to introduce examples of current mission, philosophy and objectives of law enforcement to show a more contemporary view.

Our American system of justice faces many issues, none of which are simple to solve. When one examines anything consisting of so many different, yet connected parts, it is easy to see that any “fixes” to the criminal legal system will need to consider the intersection of many interrelated sections of society, psychology, technology, cultural and economic values, and emotional intelligence, to name a few.

This chapter identifies many of the issues facing criminal justice practitioners today and in the foreseeable future. Such a discussion is challenging to both author and reader in that we both have viewpoints. These opinions are forged from experience–our time on this earth, how we were raised and the value systems we acquired early in life. Knowledge is gained through observation and interaction with relatives, friends, classmates, instructors, and members of our communities. Within these persons we have varying levels of power and privilege. In the end, each individual has their own unique perspective as to what works well, what needs modification, and how they, or someone they know, has been influenced by certain issues or flaws in the administration of justice.

7.1 What Makes Something an “Issue”?

How do we know when something is “broken”? Can something be revived, maybe even made stronger and more purposeful, with modifications? And, do we ever listen to the opinions of others and align with their viewpoint, only to find later that there were flaws in their thinking, biases at work, or an error in their perception of a situation?

Professionals in policing have considered the above questions, which may lead them to counter with questions of their own. How do we prioritize what needs attention first? If we make changes to one facet of police response, how are people in the community impacted? Are the members of the criminal justice workforce–police, specifically– adversely challenged? Do even minor changes to a criminal justice policy or process throw the whole work of police officers out of balance? Do the costs of reconfiguration of the system to make needed change create a burden that society is prepared and able to afford? Are proposed changes to criminal justice policy, procedures or protocol, consistent with case precedents established by the courts in the rendering of past decisions?

The reader is encouraged to listen carefully and thoughtfully to what others say regarding their knowledge or experiences with the issues in the criminal legal system. It is wise to suspend the urge to rush to immediate judgment when listening to others, and, if we disagree, one should approach a rebuttal discussion with civility in mind. When discussing such issues, it is important to listen to all sides, including one’s own. It is similar to the work of a police officer to investigate all avenues and points of view of a situation before making decisions. In this way, well-informed decisions can be made. Our experiences may be similar or diametrically opposed, again for a host of reasons. Finally, we should also be willing to recognize and accept that some issues may be difficult, and perhaps impossible, to resolve in our lifetime, for reasons that may be out of our control.

Perhaps the best advice to be given when reading this chapter, as well as in conducting our lives, is to listen carefully to what the perceived issue is, sort out what is factual versus what has been twisted into falsity by misunderstanding historical, media spin, personal or political agenda, or mistake of fact. It is then that we will have the details to make informed decisions for ourselves and for our communities.

7.2 Recruitment and Retention of Law Enforcement Officers

Figure 7.1

When most people make a decision and commitment to become a police officer, we hope they do this out of a sense of service to the people, with righteous goals considered and to which sworn commitments are made. Most want to join the profession to make the world a better, safer place, or because they believe they can make a difference. This perspective is all well and good, provided the officer can adhere to it for the duration of a 25-year career. An increasing number of police recruits today indicate greater interest in what benefits they might derive from public safety employment: greater time off and leave types, cash for specialty pay, overtime opportunities, shift flexibility, and take-home vehicles are several examples of what agencies might offer as attractive incentives.

Certain conditions in American policing have led to a sea-change in recruitment perspectives and attitudes toward “the job.” While the motivation of service to the community remains strong, in many areas recruitment and retention of police officers and support staff has been strongly affected and has suffered. In an effort to improve recruitment, financial incentives have been implemented, and will be covered in depth further in the chapter. Other motivations or incentives for the 21st century recruit might include shift flexibility, time off, having a “take-home” vehicle assigned, opportunities for training, assignment to specialized duty, and access to cutting-edge equipment are often important to the new recruit. Being able to live in an area outside of the department’s jurisdiction (but still close enough to provide timely response) is another example that focuses on the interest in quality-of-life issues for the officer.

Inherent to the fact that the practice of interactive community policing has been in existence for generations, there are inconsistencies to how the elements of community policing are applied, and how they are accepted by the community. This is one explanation behind why some communities’ relationships with their police department flourish, while other police/community relations may vary from neutral to contentious.

An important first step in fostering trust between the police and the community is through the process of recruitment and retention of quality personnel. Hiring highly-qualified, well-vetted personnel who possess the physical and mental fitness, empathy and caring for the jobs in justice is a great start, but requires maintenance through onboard training, strong policy development and adherence, a believable and achievable mission, vision and core values of the department, and fostering an ongoing love for service to people and community. Some call this “stewardship” of public safety. Belief in this value system must be inclusive at all levels–administration, mid-line supervisors and staff, and front-line officers. Quality should be evident at many levels: fitness of staff; personal integrity; cleanliness and organization of equipment and work stations; competence of employees; training that is dynamic and reflective of the duties and responsibilities of the position; and compensation permitting an employee to remain in their current position. An agency career ladder that encourages upward mobility through promotion or transfer/ reassignment to other duties should provide motivation for officers to improve their career opportunities. Administrators should draft, announce and fairly enforce policies, procedures and protocols for carrying out duties, with appropriate praise where earned. Part of the supervisory authority includes stressing responsibility, accountability, and praise for a job well done, as well consequences for negligence, policy violation, or misconduct.

A report, The State of Recruitment: A Crisis for Law Enforcement, published by the International Association of Chiefs of Police (IACP, 2019) surveyed responses from agency representatives from federal, state, local and tribal levels with regard to the challenges facing recruitment and retention of staff (in particular, police). The results included:

78% of agencies reported having difficulty recruiting eligible candidates. This is especially true in areas where affluence has created a shortage of affordable housing, as applicants early on may dismiss a recruitment announcement because it is their belief they will not be able to find a rental or price point on a residence that fits into their personal budget (Erickson, 2023; IACP, 2019).

65% of agencies reported having too few candidates applying for positions. This finding generates other questions for consideration: are salaries and/or benefits too low? Are good schools for children available? Are there employment opportunities for the spouse or partner in the community? Are the minimum qualifications for applicants or the hiring standards of the agency considered to be either too rigorous, or draconian (Erickson, 2023; IACP, 2019)?

75% of the agencies reported that recruiting was more difficult than in the past. More recent reports (Erickson, 2023) indicate that this difficulty in recruiting officers continues. This is evidenced by the competition between agencies to hire lateral transfers (officers who are currently working for other agencies who may be seeking a transfer or relocation due to a host of personal reasons), or to recruit trainees who are currently attending a police academy as a sponsored trainee from another department. Both of these situations are considered “poaching” and often causes discord between local or regional departments. Some agencies have taken their recruitment efforts national, attending recruitment and trade fairs in states hundreds of miles from home in an effort to encourage applicants to come to their agency. They often offer higher pay, enhanced benefits, or the opportunity for participation in specialized duties such as SWAT, K9, School Resources Officer or other adjunct incentivized duty. In the other disciplines of justice, the equivalent might be eligibility for tuition reimbursement, improved medical benefits, expanded number of personal days off, or other similar value-added incentives (IACP, 2019).

As the U.S. navigated the worldwide pandemic and several social challenges relating to police/community relations, the period 2020 through present day has seen impacts upon recruitment and retention of public safety personnel (Police Executive Research Forum [PERF], 2023). Illustrating these impacts are examples such as:

• Individual officer choices in accepting or rejecting state-mandated COVID-19 vaccinations, with some state and local agencies terminating non-compliant officers even in light of religious beliefs, medical grounds, or other bases. In some cases, reasonable accommodations for officers not accepting the vaccinations were stated in policy, but were not always granted.
• What started as peaceful protests in cities of Seattle and Portland, Oregon, soon degenerated into riot conditions, with burning of businesses and vehicles, looting, and actual takeover of sections of city streets in an attempt to create a sovereign space free from enforcement and government intrusion.
• When police attempted to respond to the disorder in the streets, they were, in many cases, subjected to physical assault by radicals in the streets. Political leaders, fearing a major push-back from their constituents, suspended certain police tactical strategies, putting officers at further risk of physical harm. By restricting police responses, the unintended consequences of an uptick in criminal activities that went unaddressed or, in some cases, unpunished, led to fear by residents and business owners. Many business owners shut down operations or moved to new locations away from the epicenter of disruption. The police, in many cases, felt that the politicians had thrown them under the bus, and in doing so were not supportive of the officers.
• When some officers could not tolerate what was happening any longer, they made conscious decisions to leave their employment, retire, or transfer to other locations, seeking a fresh beginning.

Another motivation for quality recruitment and retention strategies would be to address the lack of diversity in the policing workforce. A long-standing stated objective of interactive community policing is that the “police should reflect the community” in terms of demographics. While vast improvements have occurred in the past fifty years, there is still much room for improvement. According to the Bureau of Justice Statistics, the national average for sworn women police officers in city and county police departments is approximately 13.3%, while state police organizations struggle to achieve and maintain half that number, approximately 6% (Starheim, 2019). The National Institute of Justice (NIJ) reports that the 13.3% figure is a significant increase from just 3% in the 1970s (Clary, 2020). The NIJ also reports that a major factor for improving the numbers of women entering policing is that, statistically, they are less likely to use excessive force or instigate a dangerous altercation during patrols. They are also better at de-escalating conflict and communicating with civilians effectively, which goes toward fostering improved officers’ relationship with the community they are serving. In recognizing these statistics, the FBI has joined the 30 X 30 Women in Policing Initiative, which seeks to increase female police recruits to 30% by 2030. When considering police executive levels, the National Association of Women Law Enforcement Executives (NAWLEE) is another organization focusing on the unique needs of women seeking executive roles in law enforcement.

When considering the reflection of the community in the police force, one group that faces a tremendous challenge for acceptance in recruitment is the transgender community. According to the U. S. Transgender Survey, statistics reveal that once the police are aware the person is transgender, 58% of the survey respondents reported some form of mistreatment, 49% being repeatedly misgendered, and 6% reported some form of physical or sexual assault (as cited in Kolodziej, 2019). It is suggested that this lack of familiarity or discomfort with communicating and dealing with transgender members leads to difficulty in recruitment, as well as ultimate retention issues. The Washington, D.C., Metropolitan Police Department has developed extensive protocols on handling interactions with transgender, intersex, and/or gender non-conforming (TIGN) persons. At the time of this writing, none of the policies of the 25 largest U.S. police departments who were evaluated for 17 critical criteria based on the National Center for Transgender Equality’s common areas of interaction between police and transgender people, received a passing score (Kolodziej, 2019). Clearly, policy development and training in dealing with transgender individuals in a respectful manner are foundational and a good start. It will take a departmental commitment, thorough initial and ongoing training, and accountability to succeed and improve in this area.

Finally, the 2023-2024 Washington State Legislature passed S.B. 6157, which reformed civil service to permit deferred action for childhood arrivals (DACA) recipients to apply for civil service advantage for bilingual and multilingual applicants, applicants with higher education, and applicants with prior work experience in social services (Civil Service–Competitive Examination Advantage and Deferred Action for Childhood Arrivals Recipients, 2024). This action will allow otherwise qualified candidates to apply for public safety positions in their communities.

Figure 7.2

7.2.1 HOW CAN RECRUITMENT BE IMPROVED?

It is essential for the recruitment personnel for a department to make a clear, positive and lasting impression to all prospective applicants on their recruitment materials, whether in print form, social media, public service announcements, or even word-of-mouth. Equally important is how the recruitment method is carried out–job fairs, static displays at community events, and even day-to-day service in the community are essential in spreading a consistent, positive message of service mission and values. That said, a prospective applicant may have simple questions in order to personally determine if they have suitability for policing. Many of these questions may be confidential to the applicant, yet may need to be answered ahead of making a personal commitment to apply. Examples of such questions may be:

• I had a minor brush with the law as a juvenile; will that exclude me from consideration?
• I have (one or more of the following): tattoos; earrings; piercings; long fingernails; long hair; a beard; a prosthetic device. Will this hamper my ability to be employed by you as an officer?
• In the past I have used recreational drugs. Am I not suitable for employment by your agency? As a follow-up, if I sold drugs, would that be problematic? I stopped doing these things ___________ ago. Does that help?
• I have bad credit scores. Does this keep me from achieving my dream?
• I have been diagnosed with a particular mental health, which is currently being successfully managed under the care of a medical professional. Can I qualify to be an officer?

As you can see, these questions will require a more personalized, in-depth investigation in order to determine suitability for law enforcement. The answers to each of these questions may be consistent in some areas, or vary according to the department, whether the position being sought is for a sworn or non-sworn officer, if a certain security certification is required, or other factors. It is worth asking the question to someone in the department who has the authority to speak in confidence and with certainty, early in the process. In some cases, the Department’s answer might be as simple as, “You’ll need to keep your tattoos covered from public view when on duty,” or even, “As long as your tattoos aren’t offensive, they may be displayed.” Many times, persons who are deemed unacceptable for a certain law enforcement position can, for whatever reason, be redirected into another area of service that will be satisfying, challenging, and will contribute to the community’s safety well.

In light of the difficulties in recruiting, some 50% of agencies reported having to change their policies to increase the number of qualified candidates (Erickson, 2023; IACP, 2019). Chief among the reasons for policy changes for recruitment were a relaxation of the applicant disqualifiers for use of certain controlled substances. For decades, use and/or possession of small amounts of marijuana for personal use carried criminal penalties, stemming back to the days even preceding the so-called “War on Drugs.” When a prospective applicant’s criminal history was checked as part of the hiring process, a conviction for simple possession of marijuana was, for many agencies, an automatic disqualifier. Recent changes leading to the decriminalization of personal-use or medically-prescribed marijuana and, in some recent cases, providing for a process for removal of a prior criminal conviction obtained under previous laws, now will allow otherwise-qualified candidates to apply to be considered for justice positions. It must be noted, however, that the federal government still has laws against marijuana use, possession and distribution, which may exclude applicants for certain jobs in the criminal justice system

Other examples of policy revisions to increase interest in public safety positions for some agencies include expansion of the areas of residency, where an applicant need not necessarily reside in the jurisdiction in which they are employed; the ability to drive a “take-home” vehicle; and adjustments in work-week scheduling, often advocated by labor unions to improve officer safety, encourage increased off-duty time to be spent with family or for personal pleasure; and to keep employees in high-pressure positions refreshed and rested before assuming their next shifts.

The continuing scarcity of qualified applicants for beginning a career in law enforcement has created a trend which has raised the eyebrows of many in the field. This is the practice of offering financial “sign-on” offers (Bureau of Justice Assistance & Office of Community Oriented Policing Services, 2023). In this example, an agency extends an offer of up to as much as $30,000 (at the time of this writing) to apply for entry-level police positions or to leave their current department to come to work for the hiring agency. This practice is more apt to occur for departments seeking “lateral transfer” candidates–officers who have already been vetted, trained and deemed suitable by their current agency. Hiring such an individual assumes a lesser amount of up-front costs and time investment toward the industry-standard hiring practices and entry training requirements for law enforcement officers. A lateral transfer hire generally has academy training the same, or at least similarly aligned, and may only require a short equivalency curriculum which is generally about 5% of the total academy requirement to bring the officer up to speed with any unfamiliar state laws, new patrol area, departmental policies, etc. The agency who loses an officer to this process? They are left to recruit another officer, having to go through a process, and scheduling officers to cover shift assignments until the replacement officer is hired. One often-neglected concern: the new officer is likely not well-connected with the community nor the neighborhood in which they will be assigned, potentially widening any perceived or existing gaps in the community’s policing.

7.2.2 THE POLICE HIRING PROCESS

It is important to know the process and length of time it takes to recruit and train an officer for patrol duty. The recruitment/hiring process for hiring law enforcement officers is lengthy for very good reasons. Vesting the protection mantle on an officer requires a focus on risk management: for the interests of the agency, the public with whom this officer will interact, the officer’s family, and ultimately, the officer. Examinations are in-depth and focused, and may consider some or all of the following:

• written answers to questions in the application;
• oral interview responses;
• Interviews conducted by references (to include family, friends, co-workers, school teachers, past employers, and others identified through the interview process);
• drug analysis (not required by all agencies in Washington state);
• psychological impressions taken from the hundreds of statements contained in the psychologically-driven review and reinforced by a face-to-face interview with a clinical psychologist;
• performance in a polygraph session; and
• physical fitness assessments.

Successful completion of the above will only allow the officer a chance to open the door to a career in policing. Once inside, if not rejected by this daunting process, the same officer must then dedicate to learning on the job the departmental policies, procedures, protocols, and patrol assignments, all while under the strict tutelage of a senior trainer during field training. Field training may take up to one year to complete, and sometimes more depending upon a variety of factors (PERF, 2022), before the officer is approved to engage the public on their own. When the officer is finally appointed as a Patrol Officer, Deputy Sheriff, State Trooper, Natural Resources Officer (Park Ranger or Fish and Wildlife Agent, for example) or other title, they have entered a realm which is often perceived as dramatic or glamorous by the general public. The officer, often with much fanfare, receives their badge and credentials authorizing them to serve and protect the community. Their work is not limited solely to enforce the state or federal statutes, or promulgated rules in limited authority situations. They are “problem-solvers” who respond to calls for service, and proactively engage in strategies to inclusively assist their communities. They are now authorized to carry specialized tools, drive a polished and recognizable vehicle, acknowledge it is being driven by a law enforcement officer, and finally–and arguably most importantly–they are issued their badge, which is a symbol of public trust and confidence.

A contemporary police hiring process is comprehensive and generally takes several months to complete (Bureau of Justice Assistance, & Office of Community Oriented Policing Services, 2023). The reason for the long duration is simple: police administrators are seeking top quality candidates who present few, if any, adverse characteristics that would detract from high-performance, low risk police career expectation. For this reason, applicants to sworn police positions should expect the following as part of the hiring process:

• Submit an application for employment. The length of this application varies–hardly ever will it be less than ten pages, and typically, 35-50 pages in length. The written application is often very short, and can actually be used as an intake document for various positions within the agency. The personal history statement (PHS), which comes later, may ask probing questions about a candidate’s background, personal history, past employment history, personal references, etc. This is usually asked for once the candidate has taken and passed a few initial steps in the process such as a written test, physical abilities test, and oral interview. The PHS is usually done concurrently while the applicant is in the background investigation stage. The applicant is wise to research back to find names and addresses of prior places of employment, start and termination date, supervisors, compensation, duties and responsibilities, and reason for leaving, in advance of beginning the police application.
• Perform a physical fitness test. In Washington state, the Physical Abilities Test (PAT) consists of the following (National Testing Network, n.d.):
  • Pushup test– 90 seconds to complete a minimum of 20 pushups to pass.
  • Sit-up test–90 seconds to complete a minimum of 25 sit-ups to pass.
  • Squat-Thrust Test–3 minutes to complete a minimum of 35 squat thrusts to pass.
    • For some departments, It is not uncommon for other physical testing to include a 1.5 mile run, a 300-meter dash, and a bench press to demonstrate the ability to lift weight to achieve a minimum established percentage of the person’s body weight. Also included in some physical assessments is an evaluation of the applicant’s body fat composition; the applicant’s flexibility through a sit-and-reach stretch; performance of the Illinois Agility Drill (beginning from a pushup position, rising and quickly weaving through a series of cones on an established course); and a standing vertical leap measurement.
    • All of the above fitness tests have minimum performance standards. Certain departments review some of the measurements using a gender-and-age matrix in order to consider differences between genders and age groups.
    • Applicants are wise to begin early in preparation for physical fitness testing, and are encouraged to continue to maintain their fitness as a life-long goal.
• Psychological examination. The psychological exam is typically an adaptation of the Minnesota Multiphasic Personality Inventory (MMPI), and is intended to examine tendencies and characteristics displayed by the applicant that are either considered to be valuable, or detrimental, to a person’s capacity to serve as a law enforcement officer. Originally developed to assist psychologists in patient evaluation, the use of the MMPI has been expanded in police applicant evaluations as a predictor of future behavior (Marshall et al., 2020). This is not a “pass-fail” test, and one cannot study for it. That said, there may be consequences based upon one’s answers which would, in the eyes of hiring officials in police departments, deem an applicant to be psychologically “unfit for service.” The best recommendation is to be honest, and do not attempt to “sell” yourself or embellish your character traits to show you to be in the most positive light. The test results should be administered by a psychiatrist or a clinical psychologist, and should be used in tandem with other tests in the hiring process.
• Polygraph examination. Based upon Washington state law: “A polygraph or similar assessment administered by an experienced professional with appropriate training and in compliance with standards established in rules of the [Washington State Criminal Justice Training] commission” (Wash. Rev. Code § 43.101.095, 2001). The use of a polygraph assessment of an applicant measures and records several physiological indicators such as changes in blood pressure, pulse rate, respiration rate, and skin conductivity while a person is asked and answers a series of questions. Prior to the administration of the test, the applicant and the examiner will spend about an hour discussing the process, during which time the examiner will reveal the questions to be asked. The applicant will be asked if the question may have personal implications for them. After this questioning, the test will be administered, with the examiner asking the questions and eliciting a “Yes” or “No” response from the applicant. Experienced and trained examiners can use their professional judgment in evaluating the recorded responses to the questions and providing a highly-reliable conclusion which will be shared with the designated member of the hiring authority. The results will not be shared with the applicant. While a polygraph doesn’t provide 100% accuracy, if used with experienced and trained examiners, the interpreted results are accurate over 90% of the time when properly administered and free of bias (American Polygraph Association, 2023). The polygraph results will be compared to answers on the original job application, the responses during the oral interview, and from the psychological examination to evaluate them for consistency.
• Drug Screening. This step is not an absolute requirement in Washington state, and is sometimes covered in the polygraph phase of testing. Police departments will determine what substances are considered inconsistent for applicants to have used or who are currently using. There may have been questions in the original application for employment which will provide a basis for the evaluation of the applicant in terms of drug use, including whether the use was prescribed, or if the applicant ever manufactured, sold or otherwise delivered drugs to another person. The actual drug screening, conducted by urinalysis, will consist of evaluation of the presence of a minimum of ten panels (types) of selected substances which will be considered incompatible for police officers. In some cases, the applicant may be able to provide information relating to the last time the substance was used, or the circumstances surrounding use, which may be mitigating factors for hiring.
• Credit check. An evaluation of the applicant’s personal credit is important to serve as a potential indicator as to whether, among other things, the applicant may be predisposed to unlawful or unsavory measures to satisfy outstanding debts.
• Social Media check: Applicants are subject under Wash. Rev. Code § 43.101.095 (2001) to provide certain viewing access to their social media platforms. The applicant is not required to provide their usernames and/or passwords to the investigator, but may be required to sign in to them so that the hiring authority may scan them to determine illegal activities, unsavory behavior or inappropriate organizational relationships that might adversely affect the applicant or the department if hired.
• Personal Vehicle check. Some departments will send an officer out to evaluate the applicant’s personal vehicle while the applicant is being engaged in an interview or similar activities. This can be useful to determine how the applicant maintains their vehicle. Does it have controversial bumper stickers on it? A radar detector? Is it well cared for, or is its interior trashed out? All of this can be predictors that will help administrators determine if the applicant is suitable for employment.
• Driving history – a check of infractions, collisions, moving/parking violations.
• Physical examination- hearing test, physical health, etc.

If all goes well with the above, at some point the police agency may make a “conditional offer” of employment. This will typically come at a point prior to conducting a complete psychological examination and/or medical examination. This means there will be qualifiers as to whether or not the applicant can be fully hired and retained, including:

• Passage of the law enforcement academy endorsed by the department.
• Passage of a term of Field Training, which offers on-the-job training in the company of a senior officer, field critique, and continued training in departmental procedures and preferred approaches. The length and duration of the field training is sometimes predetermined, but may be indeterminate in length according to departmental procedures and situational circumstances.

7.2.3 POLICE INTERVIEW SUGGESTIONS

Figure 7.3

Police Candidate Interview

There are several ways to gain a competitive advantage going into a police interview. Here are some suggestions:

1. Prior to the interview, “study” the department for which you are being interviewed. Do your “due diligence”–know the department’s mission, vision, core values and involvement with community engagement. Research the department’s organizational structure-including the names of Chief, Sheriff, etc. Never refer to them casually by their first name; you should address members of the department by their title and last name, such as “Sheriff Brown,” “Chief Jones,” “Lieutenant Davis,” etc.
2. Dress for success. Unless directed otherwise, wear clothing described as “business professional”–a business suit, long-sleeved shirt and tie for men, a 2-piece pantsuit or dress for women as examples. Shoes should be polished, and clothing pressed. You should avoid anything distracting in your appearance, especially thematic jewelry.
3. Pay attention to how you look to others. Having your head and facial hair neatly trimmed is important. Your body language matters-don’t slouch or engage in nervous tapping or drumming with fingers or feet. Your feet should be flat on the floor, and you should be seated upright, exhibiting interest and focus.
4. Smile and maintain eye contact with all members of the oral board. Show enthusiasm.
5. Answer questions affirmatively and confidently by saying “Yes” (not “yeah” or by nodding your head silently), and “No”. Be prepared to defend your answers logically.
6. If asked about why you wish to join the department, do not mention salaries and benefits. Instead, create a confident response about how you wish to contribute to the department’s service mission, your love of the community, and how your research has led you to appreciate the integrity of the department, etc.

Some questions you can expect to be asked during an oral interview are offered below. This does not mean every question shown here will be asked, but there is a strong likelihood that one or more will be included:

1. Why do you want to become a police officer?
2. Why do you wish to join this department?
3. Give the Board an example of a time when you have acted with integrity.
4. What are some examples of “core values” that you believe are important to protection and service to the community?
5. Please provide an example demonstrating your volunteer service to the community.
6. Why do you believe it is an important goal to promote diversity in the police department?
7. How would you approach and deal with a prominent community member if you were called to their home to investigate a domestic dispute in progress?
   1. How would your approach change if this individual was a teenager?
   2. Would your approach change if one of the involved parties is a member of the homeless community? A member of the LGBTQIA+ community?
8. How will you manage rotating shifts (a mix of day shifts, evening shifts, and late shifts?
9. When was the last time you disappointed yourself, and why?
10. Scenario: you are working a major case, where a high degree of confidentiality is required. You receive a call from the City Administrator, calling on behalf of the Mayor, who is asking you to confirm a rumor about some aspect of the case that is circulating. How do you respond?

These are examples of questions that routinely are asked, in an effort to determine your approach to becoming a police officer. Many other questions will likely be asked. Answer them honestly and confidently. Another very good source that is used in Washington state for police hiring is Public Safety Testing. This site is an important intake site for persons seeking police and public safety employment, and it also offers many helpful resources for applicants, including practice tests.

Table 7.1

Top Paying States for Police and Sheriff’s Patrol Officers

Note. Data from Bureau of Labor Statistics (2024).

7.2.4 HOW CAN RETENTION BE IMPROVED?

Retention of quality, well-trained employees is also a major concern for police administrators. While assuring the officer is well-compensated, the answer to this question is not always as simple as boosting salaries. Here are some examples:

Police Guilds and the officers they represent are frequently involved in negotiations with police administrators to improve compensation and benefits to police employees. Often these gains are translated in the form of educational benefits, extra assignment pay, increased uniform allowances, gym memberships, and similar enhancements. As community living costs such as rent, real estate, taxes, and fuel prices escalate, and off-duty time becomes more valuable to employees, cost of living increases and adjustments to work schedules tend to be a common normative way to address compensation.

More than one high-cost-of-living community in California has built accommodations (Roebuck, 2023) or purchased one or more residences and provided them at a reduced monthly rental cost in order to incentivize an opportunity to work for their agency. Without this radical approach, it may not have been possible to recruit or retain officers for the longer term as their budget couldn’t accommodate the inflated housing cost of the community. This trend has extended to the Pacific Northwest and elsewhere, especially in larger cities or pocket communities where property values and cost of living are high (Nerbovig, 2024).

The City of Kirkland, Washington, working with the Kirkland Police Guild, has undertaken an innovative approach toward retaining officers, while at the same time reducing fossil fuel emissions, thereby advancing sustainability goals for the community environment (Lt. L. Brouelette, personal communication, March 23, 2024). Police administrators, working with city executives, developed a plan to offer their officers who live outside certain selected cities, or ten or more miles from the Kirkland Justice Center, a leased electric vehicle. This vehicle is not equipped with traditional police vehicle systems, licensing or insignias. Many departments allow take-home patrol vehicles, but in a department with many officers, considering the costs of purchasing and outfitting a police vehicle, the cost is becoming prohibitive. In this case, Kirkland Police Officers can use the electric vehicle to commute to and from the police department. Should an officer already own an electric vehicle, and if they choose to use it to commute to work, they will receive a $500 per month “proximity housing premium” instead of the electric vehicle benefit. If an officer lives within the ten-mile limit, or in Kirkland or one of the excluded cities, they will be eligible to receive a $500 per month proximity housing premium instead of the electric vehicle benefit. A qualified vehicle vendor was selected through a competitive bid process. Police administrators believe that this groundbreaking partnership will be, in the long run, a cheaper alternative to options being considered for benefit enhancements, meanwhile reducing noise and pollution (Romero, 2023).

7.3 Society’s View of Law Enforcement

Figure 7.4

How engaged are community members in how justice is administered in communities across the landscape of the U.S.? This is a very complex question, with the myriad answers equally so. Much of the solution to this question is based upon society’s perception of the status quo in their community in comparison to how justice appears to exist and play out in other communities. It also considers the individuals within the community, their engagement with, and their acceptance of the conditions of their communities. In other words, community is at the center of the issue of society’s viewpoint.

Several general gauges to how society is functioning within a community may offer a clue as to the residents’ willingness to engage in processes related to the delivery of criminal justice. Some examples (in no particular order) of these general gauges or statements regarding community involvement are listed below.

7.3.1 PERCEPTION OF THE POLICE

There are many ways for people to obtain information in the modern world. Fifty years ago, an item that today would make instant headline news, might not be heard about in nearby communities for days, if not weeks. It took longer for the interest groups of that time to gain basic information and to develop strategies for dissemination of the incident or the news in order to inform their constituents. Today, through the wonders of technology, images of active incidents in progress, crime scenes, police behaviors and more, can be uploaded and viewed by tens of thousands of viewers in seconds, and potentially millions in a day or two. Through social media and the evening news, these video clips are often shown without context and can be widely misinterpreted. There can be no mistaking there are certain incidents which involve excessive uses of force. Such examples further expand the distrust of police, their tactics, and the operational motives of some officers. When this occurs, the social contract between the police and the community is quickly eroded.

Repairs necessary to regain trust are difficult, if not impossible in some cases, to achieve. At the extreme, calls for defunding the police may occur. This phrase may have many interpretations, carrying varying implications. What may be intended as taking practical steps to move money from the police budget in order to address concerns around their priorities and taskwork which is more sociological- or mental health-based, is translated by some in the community to mean “take away the entire police budget.” In many cases, redistribution of some funding, as well as assignment of duties involving mental health to dedicated mental health staff, makes good sense. While there is evidence that, in some communities, abolishment of the police force was in fact the intended consequence, the near-immediate uptick in crime statistics in some locations demonstrates the need for a continued police presence of some sort.

Even the uniformed appearance of police has, to some degree, alienated certain parts of the community. A stated goal of police agencies is their ability to be “approachable” by those whom they represent-the community. People should feel comfortable in approaching an officer for help, directions, or during contacts for other reasons. Changes in uniform design and wear has, to some extent, interfered with achievement of this goal. Considering the fact that police are responding rapidly to serious, sometimes violent, calls for service such as active shooters in schools or businesses, highly-charged domestic violence incidents, and other situations, their personal protective devices have changed. Uniform duty belts were originally designed to carry firearm holsters, ammunition pouches, and handcuffs. The defensive equipment and preparedness of the officer has evolved to also include carrying a portable radio, collapsible baton, chemical agent, patrol knife, flexible handcuffs, and other elements for service and protection. Add to this the weight of soft body armor (SBA), which also includes a ballistic plate made of ceramic or steel. Officers began to suffer debilitating back injury in large part from carrying these items mostly around the belt. Some officers have transitioned to suspenders to better support the heavy weight of defensive equipment on the belt. Other departments have moved to external body armor patterned to mimic or take the place of the upper uniform garment. The external body armor package has many pockets, holders, clips and loops which permit items normally carried on the belt to move to the chest area. In the view of some fearful community members, this has created an “aggressive” or “militaristic” look which, in their minds, make the police less-approachable by the citizenry (Norris, 2017).

Figure 7.5

7.3.2 APATHY AND MORALE

If enough people within a community make the decision to withdraw from processes such as voting, this step alone can have a resounding effect upon the quality of criminal justice services they should expect in return.

On the law enforcement side, many factors cause front-line responders to suffer from low morale and apathy (Substance Abuse and Mental Health Services Administration, 2018). The combination of frequently being dispatched to dynamic, rapidly changing and often dangerous situations, is a contributing factor. A feeling of constantly being disrespected may stem from police having to often interact with the public immediately after the officer has responded to a difficult or gruesome call. It can also come from the addition of legislative mandates that seem to at times hinder police response and effectiveness. Officers may endure death threats as well. The officer may feel as though they never have adequate personnel, equipment or direction to carry out basic enforcement tasks safely and efficiently. They may also react harshly as a result of fatigue brought on by mandatory overtime requirements. These conditions, and others such as sleep deprivation, may lead to psychological burnout and low morale (James, 2024). It can also lead to an “us versus them” mentality of front-line officers and even first-line supervisors, which can be corrosive to the relationship between the police and their community.

Another recent explanation for apathy and low morale among officers and supervisors alike may be found in the phenomena known as pandemic fatigue (PERF, 2021), and is not unique only to police. Public safety and services employees including, but not limited to, firefighters, EMS, hospital staff, caregivers, mortuary workers and others have difficult duties, responsibilities, and job stressors under normal conditions. Add to these burdens three-plus years of relentless response and associated heartbreak of incurred losses emanating from the global pandemic of COVID-19 and its variants. This is not to say the features of pandemic fatigue only affect responders, because they are also found, to some degree, in each of us as everyone has had to adapt to a “new normal” brought on by a long-term global pandemic.

In extreme cases, the mental impacts on highly-functional, service-motivated persons in law enforcement became so severe that, for risk purposes, decisions have been made by administrators to take officers out of patrol duties. While such an action may be well-intentioned for the health and safety of an officer, having no psychological, family, or spiritual intervention can put a suffering officer at risk. In some cases, a “fall-back” position, inclusively created to transition the officer out of current duties and into a position which, while still able to use their talent, skills and experiences, enables them to remain part of the departmental team, may make good sense. For many officers, the psychological impacts associated with their duties or loss of a position they loved, were too severe to endure, leading them to leave employment or, in extreme cases, commit acts of suicide (National Officer Safety Initiatives, 2020).

7.3.3 THE GUARDIAN vs WARRIOR MINDSET

One aspect of the current perception of law enforcement officers has received consideration in response to the police better serving their communities. The emphasis for change is embodied in the guardian vs. warrior mindset.

Since the beginning of time, mankind has had to address threats to their safety and security. Some menacing behaviors (exhibited by wild animals, wartime foes, and violent criminals) rose to such magnitude that it was a family member or peacekeeper’s priority to stop any threats posed. In recent years, military members returned from theaters of conflict where the foe was not always readily identifiable in certain communities. Additionally problematic for the military members were incidents where the rules of engagement might not always be consistent with respect to one’s moral or cultural values. In response, police officers, especially those who may have previously served in the military, may be overly suspicious of civilians with whom they interact during their patrol duties (Hussey, 2020). The officer is sometimes hyper-alert to the constant potential of threat to their safety, and may thereby be constantly suspicious of a civilian’s presence in the area, or any actions or activities that are inconsistent to what the officer believes should be “normal.” By contrast, the citizen may believe the officer is intruding into private affairs without reason, violating their constitutional rights, or otherwise interjecting themselves unnecessarily into their personal lives. This leads to friction, and often, improper policing, because the officer sees the civilian population as a threat and not to be trusted. In this way:

We have veered away from Sir Robert Peel’s ideal, ”‘the police are the people, and the people are the police,” toward a culture and mindset more like warriors at war with the people we are sworn to protect and serve. (Rahr & Rice, 2015, p. 1)

Law enforcement officers are responsible for the protection and safety of their constituents. The officer’s badge serves as a symbol of public trust and confidence in their abilities to be fair, unbiased and non-judgmental. They are not “at war” with the community (the exception being, in some isolated circumstances, where certain criminal factions may individually or collectively target officers). While recognizing that officers who are simply doing their job may be the target of violent individuals or extremists, one cannot argue that the police officer must always be vigilant, alert for potential confrontation, and tactically prepared. Sorting out the differences between the community protection tactics and that of training officers for survival is, foremost, a shared responsibility between the police training academies, and the departmental policies of the officer. Preparedness levels, however, must be effectively balanced with the public service mission and empathetic functions expected by the vast majority of the community served. One key to achieving this balance is situational awareness –being keenly aware of your environment at all times, and able to instantly switch from friendly and approachable, to a higher level of tactics based upon perceiving and acknowledging a threat presence. In that way, the police can contribute to the service of safety, protection and stewardship of the public peace.

7.3.4 THE “US vs. THEM” MENTALITY

In the civilian world, turf “wars” by street gangs or other criminal groups often mimic what is seen in military experiences. Officers operating within intense, seemingly relentless shifts in areas where criminal activity is the norm and contacts are routinely “high-risk” affairs, often believe that conditions they experience may foster an “us vs. them” attitude. This perception has been shown to reinforce police recruits being supportive of the police, and disidentifying with the rest of the population (Boivin et al., 2020). As such, this mindset often creates a dominance posture by officers, at the expense of marginalizing the populations they serve. If allowed to flourish, the “us vs. them” mentality may evolve into short-cutting or disregarding policy, alienating constituents, and, in extreme cases, extend into criminal activities or ethical breaches. Great care must be taken by police administrators for effectively managing and correcting these behaviors in order to eliminate the “us vs. them” attitude from gaining a foothold in the department’s patrol operation. To be clear, an “us vs. them” mentality has no place in civilian policing.

7.3.5 BIAS-BASED POLICING

Bias is best defined as a collection of attitudes, behaviors and actions that are prejudiced in favor of, or against, one person or a group compared to another. What places implicit bias in a unique category is that it is based upon unconscious association, typically as a result of one’s life experiences and source of knowledge. People often impulsively react to or attribute certain qualities or characteristics to all members of a particular group without any rational or empirical basis, in what is known as stereotyping. Outcomes from stereotyping include labeling, which may be positive or negative depending upon the bias viewpoint taken by the individual assigning the label.

Bias has been around for many years and has been the focus of research by psychologists and sociologists interested in the subject. An example of the psychological study of bias is the research example established by Muller and Lyer, who created a famous illusion (Cherry, 2023). Look at the illusion below. Your task is to decide which of the three lines is the longer one:

Figure 7.6

It is probably your impression that the middle line is the longer of the three. In reality, all lines are equally as long. The reason you may have concluded one line to be longer than the others is that:

You are influenced by the arrows at the end of the lines even though you do not pay attention to the arrows or might even have the conscious goal not to be influenced by the arrows. You are implicitly biased by the arrows, that is, what you consciously perceive is influenced in a systematic manner by the arrows (i.e., you are biased) even though you do not intend to be influenced or might even want to prevent being influenced by the arrows (i.e., the bias is implicit). The main thing that modern research on implicit bias added to this story is the realization that people can be biased implicitly not only by arrows but also by social elements in our environments, that is, by elements indicative of the social group to which others belong (e.g., skin color). When conceived of in this manner, implicit bias is a normal behavioral phenomenon: It happens to everyone all of the time. (De Houwer, 2019, paras. 6-7)

Implicit bias involves the unconscious, unknowing differential treatment of other persons based upon a number of discriminatory factors, including but not limited to race, color, age, gender, nationality, disability and religion (Sunstein & Jolls, 2006). Arising from this are culturally-learned associations that may compete, and even conflict, with our own conscious beliefs. It is important to realize that, from the point of view of morality, the topic of implicit social bias is very controversial. Most of us do our best to demonstrate that we are free from implicit biases. This can be demonstrated by the example of when we are involved in hiring the person best suited for the job. We might take steps to show we are not influenced by social cues, and in fact would find it undesirable to do so. Others may be tempted to argue that implicit bias is overrated (and perhaps, maybe even justified). Scientists are even in disagreement concerning how implicit bias is measured, and to accurately describe what the foundational mechanisms of implicit bias are (De Houwer, 2019).

Some of the most cutting-edge work being conducted to reduce implicit bias by the police occurs at Washington State University, under the guidance of Dr. Lois James. Some critics of police responses that have led to officer-involved shootings have pushed a narrative that the police, by and large, have unconscious biases against persons of color. In carrying out her studies, Dr. James identified cognition, threat recognition and response speed in police officers suffering from fatigue (2024). She opted to conduct testing under the construct of the Harvard University-developed Implicit Association Test (IAT) on a test group of police officers selected after screening. In the study, the officers were subjected to a realistic stimulus in a high-definition use of force simulator that was designed to measure “shoot/no-shoot” decision making. This study produced results that indicated that the vast majority of officers, each with varying levels of fatigue and calls-for-service histories, indicated implicit bias against African-Americans when considering recognition of threats. An example of this was when an officer recognized a firearm in possession of a “suspect” in the simulator exercise. It also found that the officers’ delay in responding to a threat was attributed by Dr. James to cognitive dissonance. Cognitive dissonance is a thought process in which information is provided that may be contradictory or inconsistent with existing information or patterns, causing a re-evaluation of the existing information (Stark, 2021, as cited in James, 2024).

When multiple numbers of a work group, workforce, agency or other collection of people engage in implicit bias, it can become institutional bias if permitted to continue. In the worst scenarios, conspiracies between two or more individuals are developed targeting individuals or groups at whom the bias is focused. In some cases, clandestine organizations or clubs are formed by like-minded individuals who are driven to intimidate or harm those who are selected as bias targets. Institutional bias has no place in any level of the administration of justice, and requires peers, supervisors, leadership, internal affairs, and the community to work toward its elimination. If the conduct rises to criminal behavior, prosecution of those involved should be certain, and if convicted, ought to be carried out swiftly and with the purpose of demonstrating that bias will not be tolerated in public safety occupations so closely linked to their communities.

7.4 POLICE MISCONDUCT, CORRUPTION AND ACCOUNTABILITY

In our society, a police officer is vested with considerable power. Given certain facts, the officer can interrupt or suspend a person’s Constitutional freedoms. Add to this the proposition that officers, after requisite training and skill performance, are also given the authority to use, carry and display firearms for the protection of the officer or other persons. If a situation warranting the use of deadly force presents itself, the officer’s authority to take the life of another person is granted. It is, in large part because of the conferring of such “privileges” on a person who has risen through a rigorous hiring and training process, certain officers may fall prey to a sense of superiority over others. This can lead to corruption at levels ranging from minor and possibly unnoticed, to scandalous (and possibly criminal) events.

“The Bureau of Justice confirmed that only 0.02% of the police officers in the U.S. engage in some type of corruption” (as cited in Morey, 2019, para. 2). It is happening, and even at such a small percentage, we cannot lose sight of the fact that people are being victimized by it. We must remember that the media–print, online, or televised—is a “for-profit” business, and the best way to accomplish the bottom line of selling stories is to create sensational, often salacious, headlines or on-air openings meant to focus a viewer’s attention on the screen. Is it believable that the opening “breaking news” segment involving an officer-involved shooting is bound to find that the officer acted in a wilful or wanton disregard for the life of the victim? When the police representative, often an expert and seasoned public information officer, is asked questions at the scene, their response beyond the most basic piece of information will be “No comment.” This is often perceived by viewers that the police have something to hide, or that some corrupt action took place at some stage of the interaction with the victim. In fact, the investigation is likely only minutes old, and will often take days, weeks, months, and sometimes over a year to provide details to determine exactly what took place and place fault where it belongs. In Washington state, Wash. Admin. Code § 139.12.030 (2020) mandates independent investigations, to remove bias and in an effort to improve departmental transparency. The media will likely move on from the story if details are provided transparently, as they are learned and can be released for public consumption without compromising the investigation. The independent investigation team (IIT) is responsible for the release of this information once the investigation is complete.

In the time frame of an independently-conducted police investigation, the notion of a “cover-up” by the police can be reinforced. Unless and until the investigation is concluded and the officer’s actions are validated, no one—the public, media representatives, and even others within the officer’s own agency—can truly appreciate why the officer acted, processed actions or made tactical force decisions to the situation the way they did. The purpose of the independent investigation is to look at the facts known–both at the time of the incident, and how it was perceived at that time by the officer–and afterward, in the form of physical evidence, witness statements, video and audio captured, and other details pertinent to the investigation.

It is because of the public trust and confidence placed on the officer in this dramatic, stressful, yet glamorous occupation, that corruption cannot be allowed to occur, and certainly not to be disregarded if noticed. Condoning corruption by one paints a broad brush across the profession. If allegations of corruption are made, they must be rigorously investigated, and, if warranted, it falls on the supervisory levels of the agency to react swiftly and with certain discipline measures to ensure both accountability and that the corruption stops then and there. The department should also be prepared to report the incident, its investigation and outcomes, and accountability measures taken, publicly. To deny corruption exists, then have proof of internal investigations proving otherwise, will only deepen the divide between the police and community by fostering mistrust.

Is the criminal justice field the only one subjected to corruptive influence? Certainly not. Entry-level employees in fields such as health care, retail sales, auto repair, all can be “bought” or engage in some form of unapproved, “off-the-books” transactional activity, some of which may escalate to criminal behavior. Mid-level managers also engage in nefarious activities that take advantage of the public or subordinate employees due to the power of their positions. Finally, corrupt behavior occupies higher echelons of workplaces in America—company owners who become obsessed with greed, board rooms that show indifference to known and apparent violations of policy or law. What separates these occupations, organizations, and the impact of indiscretions of employees, from that of employees of the criminal legal system, is the magnification of the breach of public trust and confidence that accompanies the violation. Thus, the social contract between law enforcement officers and the community they serve ought to NEVER be breached, nor taken for granted.

In the early 1970s, the Knapp Commission conducted an in-depth investigation of corruption in the New York Police Department (NYPD) and startled the world by revealing the depth and breadth of criminal behaviors they found (Commission to Investigate Alleged Police Corruption, 1973). The investigation was launched after multiple allegations of illegal activity were brought to the attention of Department investigators by Detective Frank Serpico some three years earlier. The report extended blame for conduct beyond NYPD, to include some federal law enforcement agencies. In fact, much of the whistle-blowers’ complaints would have easily been swept under the rug because of extensive efforts by leadership at the highest levels to minimize the accusations or dismiss them altogether (Caldero et al., 2018).

The vast majority of officers will be ethically fit to perform their duties. For others, a phenomenon known as the “slippery slope” model of noble-cause corruption appears almost immediately following the academy, and persists through the officer’s field training, association with peers in the department, and is pervasive even into the later parts of the officer’s career. There is a slippery slope model of noble-cause corruption recognized in the discipline of the criminal legal system, and along the way, certain unsanctioned “tests” of the officer may occur, mainly to determine by the shadowy element of the force whether the new recruit can be trusted to maintain confidence.

The slippery slope model (Baker, 1985) generally looks like this (as cited in Morey, 2019, paras. 8-11):

1. “Forget everything you learned in training (school), I’ll show you how we really do it out here.” This is what an officer often first hears from a TO (training officer). The statement is only superficially about the lack of utility of higher education. What it is actually about is loyalty and the importance of protecting the local group of officers with whom the officer works.
2. Mama Rosa. It looks like a free meal. This is not to test willingness to graft, but whether an officer is going to be loyal to other officers in the squad. It also serves to put officers together out of the station house.
3. Loyalty Back-up. Here, an officer is tested to see if he or she will back up other officers. This is more involved because officers may have to ‘testify’ (give false testimony), dropsy (remove drugs from a suspect during a pat-down and then discover them in plain sight on the ground), the shake (similar to dropsy, only conducted during vehicle stops), or stiffing-in a call. These are like NC (noble-cause) actions, and may indeed by NC actions, but their purpose is to establish loyalty.
4. Routine NC (Noble-Cause) Actions Against Citizens. Magic pencil skills increase penalties by shifting the crime upwards. Protect fellow officers with fictitious chargers. Construct probable cause. Illegal searches of vulnerable citizens.

All of the above examples of the Slippery Slope Model (Morey, 2019) are conducted with the basic tenet that the police are in the community to solve and deter crime, and that officers must take whatever actions are necessary to stop criminal behavior–but at the same time, the police should have benefits from their services. The view that “I am the law” is sometimes taken by officers over time with that belief structure. However, this viewpoint is really the expected outcome of the old saying, “power corrupts, and absolute power corrupts absolutely.” We know that police officers do not enjoy absolute power, but with the backing of the legal system in nearly every circumstance, police behaviors can even escalate to violence.

An example of this extreme can be found within some isolated police cliques, or even in an established, quasi-sanctioned atmosphere such as what occurred within the Los Angeles Police Department CRASH unit in the 1990s, and the resultant Rampart Division scandal (Caldero et al., 2018). In an effort to reduce crime (much of which was street-gang initiated) and improve public safety, a specialized division of officers was assigned duties in the Rampart Division of the Los Angeles Police Department. At that time, the Rampart Division was located in the most populated area of the city west of downtown. Beginning in the late 1970s into the 1980s, this area of the city saw a significant upswing in violent crimes, particularly crimes involving street gang activity, illicit drugs, and weapons violations. In response, then-Chief Daryl Gates ordered the development of elite anti-gang units to infiltrate, mix with gang members, gather intelligence, and as a result, reduce or prevent violence from occurring. These anti-gang squads were known as CRASH (Community Resources Against Street Hoodlums) units.

By some accounts, CRASH enjoyed great success in crime reduction early on in the project. The officers who had been carefully selected for their fearlessness in engaging with gang members in order to gain their respect, developed a reputation of being tough and not necessarily operating within the bounds of use-of-force policy. In fact, many officers became emboldened, developing a subculture of its own. Because they were in a specialized unit, they were no longer subjected to responding to routine calls for service, so there was no need for them to wear conventional uniforms. Many CRASH officers began to dress in the style of the gangs they were investigating. It was inevitable that some officers were unable to resist the temptation to engage in corrupt activities such as planting evidence or weapons on civilians during “shakedowns,” severely beating individuals who questioned officers’ tactics or talked back, stealing drugs during warrant services or street-level contacts, and selling narcotics. Finally, an investigative task force was established in May 1998 by Chief Bernard Parks, during which time the actions of one CRASH officer, Rafael Perez, came under scrutiny (Caldero et al., 2018).

Perez was found in possession of eight pounds of cocaine, worth over $1 million, stolen from a police evidence locker earlier in the year. Perez agreed to provide cooperation with investigators, identifying over 70 officers, including supervisors who either committed acts of corruption or disregarded the illegal and unethical practices of Perez and others (Bricker, 2024).

It is important to note that the same agencies in which the scandals were perpetrated, quickly investigated, stopped, and arrested those who had acted inappropriately. It helps demonstrate that, even in the most extreme cases of corruption, there were still ethical officers willing to enforce the law and hold those officers and supervisors in violation accountable through criminal sanctions.

7.4.1 INVESTIGATIONS OF OFFICER CONDUCT

From time to time, law enforcement officers may find their actions scrutinized. The following are some examples of such investigations routinely conducted.

7.4.1.1 VIOLATION OF CIVIL RIGHTS ALLEGATIONS

Under Title 42, Section 83 of the U. S. Code (Civil Action for Deprivation of Rights, 1979), state and local officers may be investigated for their conduct, acts or omissions during performance of their duties and while acting under color of law. As such, they may be subjected to a civil lawsuit by plaintiffs for alleged violations of the plaintiff’s Constitutional or civil rights.

Federal officers acting under the color of law are similarly subject to investigation for their actions and civil suit, but not under the Civil Action for Deprivation of Rights (1979) code. This federal statute is intended solely for state and local officers. Federal officers’ actions will be considered under the Bivens analogy, derived from a court action entitled Bivens v. Six Unknown Fed. Narcotics Agents (1971). As the name implies, this case arose out of the actions of federal officers who executed a search warrant on Mr. Biven’s property with resultant damages. Regarding Bivens’s original claim against the officers, the court found that the statute only applied to state and local officers. Instead, Bivens was counseled to file a federal tort claim citing violation of his Fourth Amendment rights (U.S. Const. amend. IV).

Akin to the above are Title 18, Section 241 of the U.S. Code (Conspiracy Against Rights of Citizens, 1948), involving conspiracy to commit civil and constitutional rights violations against civilians, and the closely aligned Title 18, Section 242 of the U.S. Code (Deprivation of Rights Under Color of Law, 1948), where an officer allegedly violates a citizen’s constitutional or civil rights by actions committed under the color or authority of law.

7.4.1.2 OFFICER-INVOLVED SHOOTING AND EXCESSIVE USE OF FORCE INVESTIGATIONS

Despite the rarity when compared to the number of interactions law enforcement officers have with the public each day, many communities in the United States of America, including the state of Washington, have experienced officer-involved shootings (IACP, 2016). Some communities, as well as some statistical datasets, differ in the definition of an officer-involved shooting. In all practical purposes, an officer-involved shooting can be defined as the discharge of a firearm, which may include an accidental or intentional discharge, by a police officer who is in either on- or off-duty status. It should be noted here that shootings committed by officers while in off-duty status are considered “officer-involved shootings” only if the officer is acting under the color or authority of law. In this case, the weapon for whom a police officer controls or is responsible for, fires. It is immaterial if the target is a person, animal, or if there was indeed an intended target at all (in the case of an accidental discharge). The only exception to this definition is in terms of sanctioned police firearms training. As previously mentioned, some agencies have identified different parameters or measurements to their definition in order to better meet their policy requirements. For example, officer-involved actions may not be classified as “officer-involved shootings” if they include deployment of less-lethal devices such as electronic control devices, rubber bullets, bean bags, stun devices, etc., depending upon individual state law. In the state of Washington, a death arising from an officer’s use or deployment of a “less-lethal” device will likely be investigated as a “homicide”, and whether it was a criminal taking of another’s life, or justifiable, or excusable, depending upon the circumstances. The investigation of such cases would be directed under Wash. Admin. Code § 139.12.030 (2020).

It is important for an investigation to further determine if the officer-involved shooting incident was directed toward an “armed civilian” or an “unarmed civilian.” One study (Hemenway et al., 2019) found that:

On average, 56% of decedents who were fatally shot by police were armed with a firearm. The proportion of decedents who were armed with a firearm varied by state, ranging from a high of 89% in Idaho to a low of 25% in Vermont. (para. 19)

Further, another study (Premkumar, 2021) found that:

In about 80 percent of encounters resulting in death or a gunshot wound, the civilian was armed with a weapon, underscoring the risky environments officers face. However, when we also consider civilians who sustained other serious injuries, 56 percent were unarmed. (para. 5)

The ability for an officer to differentiate between the two follows a very fine line, with many variables which may influence decision-making by both the officer and the civilian. These variables include, but are not limited to, ambient light, darkness, known information (such as arrest warrant status, previous violence toward officers, or known to be in possession of a weapon), furtive or sudden movements inconsistent with compliance, and other influences on perception. Imagine yourself, working with a second officer, dealing with a dangerous, highly-charged situation. You provide verbal commands directed to the civilian in a loud voice, to “TURN AROUND, HANDS UP!” However, your partner sees something perceived as a weapon, and immediately shouts, “GET DOWN ON THE GROUND NOW!” Under the best of circumstances, the civilian may be confused as to what to do next. A perceived failure to comply with either instruction might be interpreted to be non-compliance, increasing the stress of the situation for all concerned. Add to this a civilian’s potential for impairment, mental illness, a language barrier, etc., and greater anxiety may be presented.

Many concerns arise out of an escalation of force by police, let alone that presented in an officer-involved shooting, accidental discharge, or training incidents. Some of these concerns include:

• Potential breach of trust in the social contract with the community;
• Civil suits and possible criminal findings involving deprivation of one’s civil rights;
• The mental stress, and potential PTSD issues, surrounding the details of the actual discharge, workplace investigations, administrative leave of the officer pending outcomes of an investigation, and any physical trauma sustained by the officer, partner, or civilian involved (Amendola, 2020).

Make no mistake about it, when a law enforcement officer is confronted with a life-threatening situation (one creating a risk of death or serious physical injury) to the officer or others, training will compel the officer to make a decision as to how best to stop the threat. To make it even more challenging, the officer is usually behind the action/reaction time gap (J. Green, personal communication, February 27, 2024). Whatever means chosen must be both reasonable (would a similarly-trained and experienced officer, faced with this situation, make this (or a similar) choice?), and necessary (where, in the mind of the officer, no reasonably effective alternative to the use of force appeared to exist, and the amount of force used was reasonable to effect the lawful purpose intended). These definitions of law are derivatives from well-established case law in Graham v. Connor (1989), Tennessee v. Garner (1985), and other court cases emphasizing officer use of force.

Officers will also be policy-bound: most agencies today forbid firing warning shots, and training dictates that if the decision is made to employ deadly force against another person, it will be to stop the threat. Intentionally shooting a knife or firearm out of a violator’s hand, or shooting someone in the leg, though shown routinely on television and movies, are not appropriate tactical choices. Arms and legs are often in motion, and under stress, even highly-trained officers with excellent shooting skills may miss their target. Others dissociated from the event often do not accept this explanation, especially if they are a family member or close acquaintance of the perpetrator.

The critical factor in these types of investigations of a law enforcement officer’s actions is the officer’s ability to clearly articulate the actions they took, and specifically, what violator actions forced them to take the actions they did. An officer involved in an officer-involved shooting in Washington state, as a result of legislative changes (Wash. Admin. Code § 139.12.030, 2020), will likely be investigated by an agency or team in their county (not their own agency due to potential conflict-of-interest concerns. The investigation will also include the Washington State Criminal Justice Training Center and the state Attorney General’s Office. These investigations are initially criminal in nature. It should be expected that many will use all due process and other Constitutional protections afforded to any other citizen (J. Green, personal communication, February 27, 2024).

7.4.2 ACCOUNTABILITY-CERTIFICATION AND DECERTIFICATION

The vast majority of twenty-first century police administrators strive for excellence in their departments. Many seek police accreditation, Commission on Accreditation for Law Enforcement Agencies (CALEA), or, in the case of some federal agencies, that provided by the Federal Law Enforcement Accreditation Board (FLETA), are examples. States train and issue certification to officers who pass extensive training regimens successfully. These certifications include the officer’s credentials authorizing them to perform police functions. The public, then, can look at an officer’s credentials and have assurances that they have met or exceeded minimum standards for policing their community.

In the event that an officer is involved in situations involving misconduct, untruthfulness, unlawful deception, or under certain circumstances, are unable to perform their law enforcement duties any longer, the certification and accompanying credentials may be suspended or revoked. This suspension or revocation of certification is a serious matter; the officer generally may not move to another agency to carry on or start over as a police officer. In more extreme cases, investigations to an officer’s performance may lead to criminal charges.

In Washington, the Washington State Criminal Justice Training Commission (2024) establishes certification and training standards which are legally defensible and scientifically valid to ensure criminal justice professionals in Washington have the knowledge and skills to safely protect the communities they serve. The Commission is also charged with reviewing officer disqualifying conduct for the purposes of suspending or decertifying police officers for cause.

7.5 The Impact of Technology on Policing

Figure 7.7

Phantom/GoPro Camera Quadcopter Drone

We are reminded daily, through sounds, visuals and experiences, of the impact of technology in our lives. But what about the other impactful aspects of living in this time on earth? Mr. Paul G. Davis, a member of the neighborhood, just celebrated his 99th birthday. Looking back retrospectively, Mr. Davis told me that, long ago, he noted that “Life and intelligence are incompatible” (personal communication, July 18, 2023). We place Mr. Davis’s words in juxtaposition with a 500-year-old proverb, “Necessity is the mother of invention,” which is inextricably linked to the enforcement of laws by the police. In our quest to improve our way of life, we often overlook the impact these changes can foster–climate change, drug addiction, cyber-crime, technology, etc. What began as labor-saving devices, video games for leisure, or ways to keep people from suffering, may lead to unintended consequences, controversy, and a set of outcomes which are adverse to those intended. Need for safety of the public and the officers that protect them is the primary motivation for innovation in our world. In 21st century policing and investigations, where the need is to detect and apprehend criminals and solve crimes in the safest, most efficient ways possible, innovation translates to the development of technology (Weisburd & Braga, 2019).

Law enforcement officers are generally not the inventors here. Their role is more aptly to communicate what they, via experience, need in order to operate more safely and efficiently. Additionally, detectives or forensics specialists may communicate a different need set. An example here might come in the form of enhanced chemical kits to test street drugs (presumptively, in the form of field testing kits they carry, or conclusively, using sophisticated equipment to accurately determine in a laboratory setting exactly what the substance is). The need, in this case, is to properly identify the substance for use in a criminal case, in such a way that it will be admissible as evidence in court.

The listing of ever-evolving technology and advances in the discipline of criminal justice is far too extensive for this textbook. The following examples are provided to demonstrate an array of options for crime fighters, either available or under development.

• Automated License Plate Readers (ALPR): License plate recognition technology is normally interfaced with computer equipment that allows the patrol officer to accomplish a variety of routine (parking enforcement, vehicle identification, stolen vehicle identification and recovery) and emergency (attempt to locate individuals, etc.) patrol functions efficiently.
• Unmanned Aerial Vehicles (UAV), often referred to as “Drones,” have gained a solid foothold in the equipment repertoire of police agencies (PERF, 2020). UAVs may be deployed to search for missing persons, monitor traffic on busy highways, conduct aerial photography, conduct surveillance, and accurately map collision and crime scenes. Additionally, they may carry essential items into inaccessible or hostile scenes, assist in rescues, deliver medical supplies and food to stranded individuals, and a host of other applications. Challenges facing UAV deployment for departments include making certain privacy rights and Fourth Amendment (U.S. Const. amend. IV) laws are not violated in their use, and that operators are fully trained to prevent injury or damage to property.
• Facial recognition systems: By using technology which compares a human face presented from a video image or photograph, then comparing the result to an existing database of faces, users can either be authenticated or rejected for services, or in some cases, identified for the person’s existence on watch lists. This technology is capable of rapidly sorting individual characteristics, and when coupled with other available science (example, GPS technology), locations of wanted or missing persons can be quickly sourced by the police.
• Biometrics: Research and development companies have been exploring many applications for the employment of biometrics in police patrol applications (Fritsvold, n.d.; Strom, 2017). Having the ability to use a patrol officer’s fingerprint, pupil or even the officer’s breath as a personal method of sure identification has proven quite feasible for use in locking technology such as vehicle doors, certain padlocks, and shared departmental access points. What to this point has been elusive has been the development of a sure method for quick and certain method of locking the trigger mechanism to a firearm to one individual to the exclusion of persons outside the department.
• Less-Lethal equipment: Whole segments of research and development of public safety equipment are devoted to safe and efficient methods to control hostile crowds and to conduct one-on-one suspect apprehension. Products emerging for public safety use in this realm are based upon three main platforms: chemical (one example is OC (pepper) spray) , kinetic (example: rubber ballistic bullets or bean-bag rounds discharged from a shotgun), and conducted energy (example: Taser® or other electronic control device).
• Artificial Intelligence (AI): Harnessing “Big Data” in such ways as to accurately predict crime trends, crowd movement, surveillance, etc. will make policing more efficient in the future. One cutting-edge field of study is in facial recognition (U.S. Government Accountability Office, 2023), where potential threats might be quickly identified and interdicted before harm is carried out. The ability to be combined with closed-circuit television (CCTV) systems or even drones to scan landscapes, crowds or busy intersections for inconsistencies or anomalies are also a function of how AI might assist law enforcement in future decades (PERF, 2024).
• Communications devices: Whether it is in the form of radio communications, encrypted digital systems, or covert, micro-sized cameras and microphones, communications devices are some of the fastest-evolving elements of law enforcement technology. Smartphone technology, including forms of digital forensic software, has expanded to be able to more accurately locate, recover and document digital evidence which is associated with electronic crimes including credit card fraud, identity theft and child pornography. Finally, after decades where local, state and federal agencies struggled to communicate with one another due to radio frequency blocks, radio technology has advanced to the point where multi-agency conversations can now happen on a single radio, where, for example, an officer may communicate with his department on a VHF signal, and with a simple switch to a neighboring agency’s UHF frequency, can speak with an officer responding from that jurisdiction to provide mutual aid.
• Evolution of Patrol Vehicles: As officers receive more and more equipment to assist them with their duties and responsibilities, carrying capacity of their vehicles has increased to the point where practicality is no longer arguable. Some officers patrol in areas subject to frequent inclement weather, rugged terrain, and where they operate largely on their own. In these cases, officers are more likely than not to be outfitted with Sport Utility Vehicles (SUV) or pickup truck platforms. Both may have essentials such as four-wheel drive, winches, trailer hitches, etc., attached as needed. Movement for a more energy-efficient patrol vehicle has also caused manufacturers to develop electric or hybrid vehicles with contemporary police packages (prisoner transport screens, emergency lighting systems, etc.). Finally, where some twenty years ago on-board computer systems were fairly rare (IACP, 2004), almost all departments now have mobile data terminals (MDTs) installed. This move is also a step toward efficiency in that officers may conduct their own vehicle registration and operator license checks, freeing the radio for urgent or emergency radio traffic.
• Uniforms and associated equipment: As stated previously in this chapter, technology has literally “lightened the load” officers carry in terms of the weight of next-generation soft body armor. Tighter woven Kevlar® products, ceramics, and other protective surfaces have increased available threat protection to a Tactical Level 4 (able to withstand and protect against many common rifle ballistics) while reducing the weight of the garment.
• Due to the numbers of belt weapons, tools and other items, and considering their weight, many individual officers and departments are opting for external ballistic carriers that incorporate pouches, rings, etc. so that the weight of the duty gear is borne by the shoulders and not the lower back. If an officer chooses, a method of reducing the stress of the belt weight can come in the form of tactical suspenders.
• Body-worn Cameras: While not new, body cameras are constantly improving in terms of clarity, image capture and storage of end-product. What sometimes struggles to keep pace with the implementation of body-worn cameras are the departmental policies necessary to meet the courtroom’s forensic criteria and to withstand litigation.
• DNA Database Options and Improvement: Even decades ago, investigators would collect items of evidence believed to contain bits of the DNA makeup of a targeted person (missing person, unknown victim, crime perpetrator, etc.). Much of this evidence languished in storage lockers for many years because databases for comparison were largely incomplete or had not even been designed and constructed as yet. DNA collected properly is considered some of the most irrefutable evidence available to investigators. Legislation at the federal and state levels have created opportunities for investigators to harvest DNA from people accused or convicted of certain crimes. Expansion of existing databases through the introduction of new DNA profiles became more robust, and investigators made greater effort to enter DNA samples expediently in new cases, as well as reopening cold cases to check for identifications. Finally, court decisions have opened the door for using open-access genealogical databases by police for the purposes of identifying potential suspects based upon “family tree” DNA comparisons (Memmott, 2013).
• Gunshot detection technology: in some cities, police department heads have advocated for the strategic placement of devices which can accurately detect gunshots in real time. Doing so may lead to quicker police response, allowing for a prompt medical aid response to potential gunshot victims, and to assist in the apprehension of criminal shooters. As this text is written, the cities of Seattle and Tacoma are contemplating purchase of gunshot detection technology in an effort to reduce gun violence in their cities (Cabahug, 2014; Hunt & Robertson, 2024). Wherever technology is employed, great care must be given so as to not inadvertently discriminate against individuals in the community. As an example, in the early deployment of facial recognition software, the accuracy of such technology came under fire when it was found that the majority of facial recognition algorithms were far more likely to misidentify racial minorities than whites (Fontenot, 2020). In a study of racial bias in facial recognition technology, it was found that Asians, Blacks, and Native Americans were particularly susceptible for misidentification. Electronic data sharing and case collaboration occurs in fusion centers, real-time crime centers, and interconnected police departments have the ability to share information in real-time to identify associates, locate suspects, and better resolve crimes than ever before.

7.6 MILITARIZATION OF THE POLICE

Figure 7.8

One criticism that has been voiced is the appearance that the police have taken on more of a militaristic appearance in recent years. When considered in the scope of the “guardian versus warrior” conversation, it makes sense that the community might be alarmed at the approach of a vehicle most-commonly associated with the military, such as a Mine-Resistant Ambush Protected (MRAP) vehicle. Inflatable rugged boats, Jeeps and helicopters have been decommissioned from military use and through acquisition programs allowing state and local governments to acquire and repurpose them for public safety needs have long been in place. Such programs have been deemed cost-effective and tend to be well-received in their communities.

Some cities have had incidents involving criminal actors who employ stolen weapons, military-grade explosives, or improvised explosive devices against the police. Other common police responses bring officers to scenes in which wanted individuals, persons in crisis holding hostages, or drug labs are in reinforced or fortified locations. The actions or conduct of criminals in these and other situations may be very hostile and pose a threat for the police and for the neighborhood. Some police departments have taken advantage of similar military surplus access to acquire MRAPs, Humvees, and other military vehicles decommissioned after military conflict in Afghanistan, Iraq, and other theaters of engagement, to gain tactical and more safe advantages toward mitigating the situations they face. Time and time again, the use of such equipment, which would otherwise be declared surplus or scrapped, has instead protected police during high-risk conditions, and have also saved the lives of civilians in many cases where they were facing death or serious injury at the hands of criminals.

The fallout here becomes one of optics: having heavily-armored vehicles responding to a quiet neighborhood which finds itself under siege may be interpreted as the police perpetrating war against civilians. The Fraternal Order of Police have stated that allowing departments to equip their police with military equipment increases the officers’ safety, and in the process, afford better protection of the public and first responders (as cited in Norris, 2017). Some leaders of the local government have forbidden public safety officials from entering into surplus property agreements with the military. The police argue that their safety and their ability to efficiently stop major threats to the community are subject to compromise without access to proper equipment. However, a 2017 study (Delehanty et al.) revealed that police forces which received military equipment were more likely to have violent encounters with the public, regardless of crime rate. That aside, uses of military equipment at the state and local levels, such as helicopters, amphibious watercraft, night-vision optics, and other surplus military items, have made policing safer and more efficient in countless cases where their absence may have led to greater consequences. Examples can be found in search and rescue activities, trackers of violators from the air, and detecting heat signatures within buildings, underground emplacements, and forestry, using sophisticated equipment acquired through process from the military.

As with many of the challenges in the criminal justice profession, one answer to resolving the so-called militarization of the police may come to resolution through open, honest, timely and transparent communication between all interested parties. The police should be honest with their constituents and governmental leadership by providing clear and justified reasons for the equipment and training they seek. Leaders of the community ought to voice their concerns in appropriate public forums. All sides should strive to reduce heated, accusatory rhetoric. In the end it is possible that not everyone will be dissatisfied with decisions made or outcomes suggested. It is from civil discourse or sanctioned, nonviolent First Amendment protest (U.S. Const. amend. I), not disrespectful conduct nor destructive criminal violence, where the best and most certain pathways to understanding and cooperation will be achieved for all parties concerned.

 

Further Reading

Kendi, I. X. (2019). How to be an anti-racist. One World Publishing.

Patrick, U. W., & Hall, J. C. (2017). In defense of self and others… Issues, facts & fallacies—The realities of law enforcement’s use of deadly force (3rd ed.). Carolina Academic Press.

Peak, K. J., & Glensor, R. W. (2012). Community policing and problem solving: Strategies and practices (6th ed.). Pearson.

References

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