Hostname: page-component-848d4c4894-v5vhk Total loading time: 0 Render date: 2024-07-04T21:01:37.532Z Has data issue: false hasContentIssue false

Exploring a Craft Learning Model for Reviewing Patrol Officer Decision-Making in Encounters with the Public

Published online by Cambridge University Press:  06 October 2022

James J. Willis
Affiliation:
Professor of Criminology, Law and Society at George Mason University, Email: [email protected].
Heather Toronjo
Affiliation:
Research Faculty in the Schar School of Policy and Government at George Mason University, Email: [email protected].

Abstract

Since the 1960s, police departments have turned to rules and procedures to help control how patrol officers, as legal decision-makers, exercise their discretionary authority. The logic of the administrative rulemaking model depends on the development and enforcement of bureaucratic rules and regulations. The public outcry over high-profile incidents of police abuses of authority has renewed interest in this approach. This article conceptualizes a complementary craft learning model to supplement rulemaking. This model harnesses patrol officers’ knowledge and skills, learned through experience, to the development of criteria for assessing and guiding how they use their discretion in less dramatic encounters with the public. Using in-depth interviews with thirty-eight patrol officers reacting to a video clip of a fairly routine and low-key neighbor dispute, we derive seven evaluative standards (accountability, lawfulness, problem diagnosis, repair of harm, economy, fairness, and safety and order). We then explore how these standards could be used by first-line supervisors to structure reviews of patrol officer decision-making through a process of reflection-in-action. Our purpose is to imagine a reform strategy that tries to account for the complex technical and normative dimensions of everyday police work to facilitate more deliberate, transparent, and principled decisions.

Type
Articles
Copyright
© The Author(s), 2022. Published by Cambridge University Press on behalf of the American Bar Foundation

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

The authors thank the anonymous reviewers for their very thoughtful comments, and Drs. Richard Lippke, Allison Redlich, and David Weisburd for their helpful feedback on earlier drafts. The lead author would also like to acknowledge his intellectual debt to Dr. Stephen Mastrofski, whose ideas and insights over many years have contributed greatly to his understanding of the police craft.

References

REFERENCES

Bayley, David H., and Bittner, Egon. “Learning the Skills of Policing.” Law & Contemporary Problems 47, no. 4 (1984): 3559.CrossRefGoogle Scholar
Bayley, David H., and Garofalo, James. “The Management of Violence by Police Patrol Officers.” Criminology 27, no. 1 (1989): 126.CrossRefGoogle Scholar
Bayley, David. H. Police for the Future. Oxford, UK: Oxford University Press, 1994.Google Scholar
Bazelon, E. “Police Reform is Necessary. But How Do We Do It?” New York Times, June 13, 2020. https://www.nytimes.com/interactive/2020/06/13/magazine/police-reform.html.Google Scholar
Bittner, Egon. “The Police on Skid-Row: A Study of Peace-Keeping.” American Sociological Review. 32, no. 5 (1967): 699715.CrossRefGoogle Scholar
Bittner, Egon. The Functions of the Police in Modern Society. Chevy Chase, MD: National Institute of Mental Health, 1970.Google Scholar
Bittner, Egon. “Legality and Workmanship: Introduction to Control in the Police Organization.” In Control in the Police Organization. Edited by Punch, Maurice, 111. Cambridge, MA: MIT Press, 1983.Google Scholar
Bittner, Egon. Aspects of Police Work. Boston, MA: Northeastern University Press, 1990.Google Scholar
Black, Donald, “The Social Organization of Arrest.” Stanford Law Review 23, no. 6 (1971):1087–111.CrossRefGoogle Scholar
Boyatzis, Richard E. Transforming Qualitative Information: Thematic Analysis and Code Development. Thousand Oaks, CA: Sage, 1998.Google Scholar
Brown, Michael K. Working the Street: Police Discretion and the Dilemmas of Reform. New York: Russell Sage, 1981.Google Scholar
Charles, Michael T. Police Training All the Rules: Implementing the Adult Education Model into Police Training. Springfield, IL: Charles C. Thomas Publishing, 2000.Google Scholar
Cohen, Howard S., and Feldberg, Michael. Power and Restraint: The Moral Dimensions of Police Work. New York: Praeger, 1991.Google Scholar
Christopher, Steve. “The Police Service Can Be a Critical Reflective Practice… If it Wants.” Policing: A Journal of Policy and Practice 9, no. 4 (2015): 326–39.CrossRefGoogle Scholar
Dagan, David. “The Baltimore Cops Studying Plato and James Baldwin. The Atlantic, November 25, 2017.Google Scholar
Davis, Kenneth C. Discretionary Justice: A Preliminary Inquiry. Baton Rouge, LA: Louisiana State University Press, 1969 Google Scholar
Davis, Kenneth C. Police Discretion. St. Paul, MN. West Publishing, 1975.Google Scholar
Deterding, Nicole M., and Waters, Mary C.. “Flexible Coding of In-Depth Interviews: A Twenty-First-Century Approach. Sociological Methods & Research, 2018. https://doi.org/10.1177/0049124118799377.Google Scholar
Dewey, John. How We Think: A Restatement of the Relation of Reflective Thinking to the Educative Process. Boston: D.C. Heath & Co Publishers, 1933.Google Scholar
Engel, Robin S.The Effects of Supervisory Styles on Patrol Officer Behavior.” Police Quarterly 3, no. 3 (2000): 262–93.CrossRefGoogle Scholar
Engel, Robin S., and Worden, Robert E.. “Police Officers’ Attitudes, Behavior, and Supervisory Influences: An Analysis of Problem Solving. Criminology 41, no. 1 (2003): 131–66.CrossRefGoogle Scholar
Ericson, Richard V.Rules in Policing.” Theoretical Criminology 11, no. 3 (2007): 367401.CrossRefGoogle Scholar
Friedman, Barry. Unwarranted: Policing Without Permission. New York: Farrar, Straus, and Giroux, 2017.Google Scholar
Galanter, Marc. “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change.” Law & Society Review 9, no. 1 (1974): 95160.CrossRefGoogle Scholar
Goldstein, Herman. “Police Policy Formulation: A Proposal for Improving Police Performance.” Michigan Law Review 65 (1967): 1123–46.CrossRefGoogle Scholar
Goldstein, Herman. “Improving Policing: A Problem-Oriented Approach.” Crime and Delinquency 25, no. 2 (1979): 236–58.CrossRefGoogle Scholar
Gould, Jon B., and Mastrofski, Stephen D.. “Suspect Searches: Assessing Police Behavior Under the Constitution.” Criminology & Public Policy 3, no. 3 (2004): 315–62.CrossRefGoogle Scholar
Gouldner, Alvin. Patterns of Industrial Bureaucracy. New York: The Free Press, 1954.Google Scholar
Haidt, J. “The Emotional Dog and Its Rational Tail: A Social Intuitionist Approach to Moral Judgments. Psychological Science Review 108, no. 4 (2001): 814–34.CrossRefGoogle Scholar
Harmon, Rachel A.Why Arrest?Michigan Law Review 115, no. 3 (2016): 307–64.CrossRefGoogle Scholar
Hart, H.L.M.The Aims of the Criminal Law.” Law & Contemporary Problems 23 (Summer) (1958): 401–41.CrossRefGoogle Scholar
Kahneman, Daniel, and Klein, Gary. “Conditions for Intuitive Expertise.” American Psychologist 64, no. 6 (2009): 515–26.CrossRefGoogle ScholarPubMed
Kelling, George L. Broken Windows and Police Discretion. Washington, DC: U.S. Department of Justice, National Institute of Justice, 1999.Google Scholar
Klein, Gary. Streetlights and Shadows: Searching for the Keys to Adaptive Decision-making. Cambridge, MA: MIT Press, 2011.Google Scholar
Koen, Marthinus C., Willis, James J., and Mastrofski, Stephen D.. “The Effects of Body-Worn Cameras on Police Organization and Practice: A Theory-Based Analysis.” Policing and Society 29, no. 8 (2018): 968–94.CrossRefGoogle Scholar
Koen, Marthinus C., and Mathna, Brooke. “Body-Worn Cameras and Internal Accountability at a Police Agency.” American Journal of Qualitative Research 3, no. 2 (2019): 122.CrossRefGoogle Scholar
Krantz, Sheldon. Police Policymaking: The Boston Experience. Lexington, MA: Lexington Books, 1979.Google Scholar
Kritzer, Herbert M. “Toward a Theorization of Craft.” Journal of Social & Legal Studies 16, no. 3 (2007): 321–40.CrossRefGoogle Scholar
Lum, Cynthia. Translating Police Research into Practice. Washington, DC: The Police Foundation, 2009.Google Scholar
Lum, Cynthia, Koper, Christopher S., Wilson, David B., Stoltz, Megan, Goodier, Michael, Eggins, Elizabeth, Higginson, Angela, and Mazerolle, Lorraine. “Body-Worn Cameras’ Effects on Police Officers and Citizen Behavior: A Systematic Review.” Campbell Systematic Reviews 16, no. 3 (2020). https://onlinelibrary.wiley.com/doi/10.1002/cl2.1112.CrossRefGoogle ScholarPubMed
Lvovsky, Anna. “Rethinking Police Expertise.” Yale Law Journal 131, no. 2 (2021): 475572.Google Scholar
Mangels, Laura, Suss, Joel, and Lande, Brian. “Police Expertise and Use of Force: Using a Mixed-Methods Approach to Model Expert and Novice Use-of-Force Decision-Making.” Journal of Police and Criminal Psychology 35, no. 3 (2020): 294303.CrossRefGoogle Scholar
Mastrofski, Stephen D.Community Policing as Reform: A Cautionary Tale.” In Community Policing: Rhetoric or Reality? Edited by Greene, Jack R. and Mastrofski, Stephen D., 4767. New York: Praeger, 1988.Google Scholar
Mastrofski, Stephen D. “Measuring Police Performance in Public Encounters.” In Quantifying Quality in Policing. Edited by Larry, T. Hoover, 207–41. Washington DC: Police Executive Form, 1996.Google Scholar
Mastrofski, Stephen D. Policing for People. Ideas in American policing. Washington, DC: Police Foundation, 1999.Google Scholar
Mastrofski, Stephen D.The Police in America.” In Criminology: A Contemporary Handbook. Edited by Sheley, Joseph F., 405–43. Belmont, CA: Wadsworth/Thomson Learning, 2000.Google Scholar
Mastrofski, Stephen D.Controlling Street-Level Police Discretion.” The ANNALS of the American Academy of Political and Social Science 593 (2004): 100–18.CrossRefGoogle Scholar
Mastrofski, Stephen D. Do the Right Thing: Evaluating Police Performance at the Street Level. Inaugural Stephen D. Mastrofski Lecture, March 19. Fairfax, VA: George Mason University, 2018.Google Scholar
Mastrofski, Stephen D., and Ritti, R. Richard. “Making Sense of Community Policing: A Theory-Based Analysis.” Police Practice and Research 1, no. 2 (2000): 183210.Google Scholar
Mastrofski, Stephen D., Ritti, R. Richard, and Hoffmaster, Debra. “Organizational Determinants of Police Discretion: The Case of Drinking-Driving.” Journal of Criminal Justice 15, no. 5 (1987): 387402.CrossRefGoogle Scholar
Mastrofski, Stephen D., Snipes, Jeffrey B., Parks, Roger B., and Maxwell, Christopher D.. “The Helping Hand of the Law: Police Control of Citizens on Request.” Criminology 38, no. 2 (2000): 307–42.CrossRefGoogle Scholar
Mastrofski, Stephen D., Jonathan-Zamir, Tal, Moyal, Shomron, and Willis, James J.. “Predicting Procedural Justice in Police-Citizen Encounters.” Criminal Justice & Behavior 43, no. 1 (2016): 119–39.CrossRefGoogle Scholar
Meares, Tracey, Tyler, Tom R., and Gardener, Jacob. “Lawful or Fair? How Cops and Laypeople Perceive Good Policing.” Journal of Criminal Law & Criminology 105, no. 2 (2015): 297344.Google Scholar
Moore, Mark H.Learning While Doing: Linking Knowledge to Policy in the Development of Community Policing and Violence Prevention in the United States.” In Integrating Crime Prevention Strategies: Propensity and Opportunity. Edited by Wikstrom, Per-Olof, Ronald, V. Clarke, and McCord, Joan, 301–33. Stockholm, Sweden: The National Council for Crime Prevention, 1995.Google Scholar
Muir, William Ker jr. Police: Streetcorner Politicians. Chicago: University of Chicago Press, 1977.Google Scholar
Nix, Justin, Todak, Natalie, and Tregle, Brandon. “Understanding Body-Worn Camera Diffusion in U.S. Policing.” Police Quarterly 23, no. 3 (2020): 396422.CrossRefGoogle Scholar
Owens, Emily. “How Do You Build a Better Cop? By Making Them Slow Down.” The Washington Post, June 2, 2020. https://www.washingtonpost.com/outlook/2020/06/02/police-misconduct-reform-training-floyd-protests.Google Scholar
Paoline, Eugene. A. “Shedding Light on Police Culture: An Examination of Officers’ Occupational Attitudes.” Police Quarterly 7, no, 2 (2004): 205–36.CrossRefGoogle Scholar
Patton, Michael Q. Qualitative Research and Evaluation Methods. Thousand Oaks, CA: Sage, 2002.Google Scholar
Phelps, Joshua M., Strype, Jon, Le Bellu, Sophie, Lahlou, Saadi, and Aandal, Jan. “Experiential Learning and Simulation-Based Training in Norwegian Police Education: Examining Body-Worn Video as a Tool to Encourage Reflection.” Policing: A Journal of Policy and Practice 12, no. 1 (2018): 5065.Google Scholar
Ponomarenko, Maria. “Rethinking Police Rulemaking.” Northwestern University Law Review 144, no. 1 (2019): 164.Google Scholar
President’s Task Force on 21st Century Policing. Final Report of the President’s Task Force on 21st Century Policing. Washington, DC: Office of Community Oriented Policing Services, 2015.Google Scholar
Reiss, Albert J. jr. The Police and the Public. New Haven, CT: Yale University Press, 1971.Google Scholar
Schön, Donald. The Reflective Practitioner: How Professionals Think in Action. New York: Basic Books, 1983.Google Scholar
Schön, Donald. Educating the Reflective Practitioner: Toward a New Design for Teaching and Learning in the Professions. San Francisco, CA: Josey-Bass Publishers, 1987.Google Scholar
Searcey, Dionne. “What Would Efforts to Defund or Disband Police Departments Really Mean?” New York Times, June 8, 2020. https://www.nytimes.com/2020/06/08/us/what-does-defund-police-mean.html.Google Scholar
Sennett, Richard. The Craftsman. New Haven, CT: Yale University Press, 2008.Google Scholar
Sklansky, David A., and Marks, Monique. “The Role of the Rank and File in Police Reform.” Policing and Society 18, no. 1 (2008): 16.CrossRefGoogle Scholar
Skolnick, J. Justice Without Trial. New York: Wiley, 1966.Google Scholar
Slobogin, Christopher. “Policing as Administration.” University of Pennsylvania Law Review 165, no. 1 (2016): 91152.Google Scholar
Thacher, David. “Policing is Not a Treatment.” Journal of Research in Crime & Delinquency 38, no. 4 (2001): 387415.CrossRefGoogle Scholar
Thacher, David. “The Normative Case Study.” American Journal of Sociology 111, no. 6 (2006): 1631–76.CrossRefGoogle Scholar
Thacher, David. “Research for the Front Lines.” Policing and Society 18, no. 1 (2008): 4659.CrossRefGoogle Scholar
Thacher, David. “Channeling Police Discretion: The Hidden Potential of Focused Deterrence.” University of Chicago Legal Forum Article 13 (2016): 533–77.Google Scholar
Thacher, David. “The Aspiration of Scientific Policing.” Law & Social Inquiry 41, no. 1 (2019): 273–97.CrossRefGoogle Scholar
Thacher, David. “The Learning Model of Use-of-Force Reviews.” Law & Social Inquiry 45, no. 3 (2020): 755–86.CrossRefGoogle Scholar
Tifft, Larry. “Control Systems, Social Bases of Power and Power Exercise in Police Organizations.” Journal of Police Science and Administration 3, no. 1 (1975): 6676.Google Scholar
The Police Tapes. 1977. Directed by Alan and Susan Raymond. Video Vérité.Google Scholar
Toch, Hans. “Mobilizing Police Expertise.” The ANNALS of the American Academy of Political and Social Science 452 (1980): 5362.CrossRefGoogle Scholar
Tyler, Tom R.Enhancing Police Legitimacy.” The ANNALS of the American Academy of Political and Social Science 593 (2004): 8499.CrossRefGoogle Scholar
Waddington, P.A.J., Williams, Kate, Wright, Martin, and Newburn, Tim. “Dissension in Public Evaluations of the Police.” Policing and Society 25, no. 2 (2015): 212–35.CrossRefGoogle Scholar
Walker, Samuel. Taming the System: The Control of Discretion in Criminal Justice, 1950–1990. Oxford, UK: Oxford University Press, 1993.CrossRefGoogle Scholar
Walker, Samuel E., and Archbold, Carol A.. The New World of Police Accountability. Thousand Oaks, CA: Sage Publications, 2014.Google Scholar
Walker, Samuel E.Governing the American Police: Wrestling with the Problems of Democracy.” University of Chicago Legal Forum Article 15 (2016): 615–60.Google Scholar
White, Michael D., Flippin, Michaela, & Malm, Aili. “Key Trends in Body-Worn Camera Policy and Practice: A Four-Year Funded Policy Analysis of U.S. Department of Justice-Funded Law Enforcement Agencies.” Office of Justice Programs, 2019. https://bwctta.com/sites/default/files/inline-files/BWC%20Policy%20Analysis%20-%204th%20edition%20FINAL.Dec_.2019.pdf.Google Scholar
White, Michael D., and Malm, Aili. Cops, Cameras, and Crisis: The Potential and the Perils of Police Body-Worn Cameras. New York: NYU Press, 2020.CrossRefGoogle Scholar
Willis, James J. Improving Police: What’s Craft Got to do With It? Washington, DC: The Police Foundation, 2013.Google Scholar
Willis, James J, Mastrofski, Stephen D., and Weisburd, David. “Making Sense of Compstat: A Theory-Based Analysis of Organizational Change in Three Police Departments.” Law & Society Review 41, no. 1 (2007): 147–88.CrossRefGoogle Scholar
Willis, James J., and Mastrofski, Stephen D.. “Understanding the Culture of Craft: Lessons from Two Police Agencies.” Journal of Crime and Justice 40, no. 1 (2017): 84100.CrossRefGoogle Scholar
Willis, James J., and Mastrofski, Stephen D.. “Improving Policing by Integrating Craft and Science: What Can Patrol Officers Teach Us About Good Police Work?Policing and Society 28, no. 1 (2018): 2744.CrossRefGoogle Scholar
Willis, James J.Culture Eats Strategy for Breakfast”: An In-Depth Examination of Police Officer Perceptions of Body-Worn Camera Implementation and Their Relationship to Policy, Supervision, and Training.” Criminology and Public Policy (2022). https://doi.org/10.1111/1745-9133.12591.CrossRefGoogle Scholar
Wilson, James Q. Varieties of Police Behavior. Boston: Harvard University Press, 1968.CrossRefGoogle Scholar
Wolfe, Scott, Rojek, Jeff, McLean, Kyle, and Alpert, Geoffrey. “Social Interaction Training to Reduce Police Use of Force.” The ANNALS of the American Academy of Political and Social Science 687 (2020): 124–45.CrossRefGoogle Scholar
Worden, Robert E., and Dole, Caitlin J.. “The Holy Grail of Democratic Policing.” Criminal Justice Ethics 38, no. 1 (2019): 4154.CrossRefGoogle Scholar
Yanow, Dvora, and Tsoukas, Haridimos. “What Is Reflection-in-Action? A Phenomenological Account.” Journal of Management Studies 46, no. 8 (2009): 1339–64.CrossRefGoogle Scholar