Judging Police Misconduct: “Street‐Level” versus Professional Policing

In their interactions with citizens, police officers are prohibited from (1) using unnecessary Force, (2) Abusing their authority, (3) speaking Discourteously, or (4) using Offensive language, all captured by the acronym FADO. However, acts of police misconduct are complex social phenomena that involve both following legal guidelines and responding to extralegal or mitigating circumstances. Using a factorial survey of police-civilian interactions that introduce various dimensions of FADO and surrounding circumstances, respondents are asked to rate from zero to ten the seriousness of police misconduct in an encounter. Findings show that respondents' judgments of the seriousness of misconduct consider both legal and extralegal dimensions. On the legal side of the ledger, officers' unnecessary use of force and use of offensive language significantly increase judgments of serious misconduct; on the extralegal side of the ledger, civilians' confrontational demeanor significantly reduces judgments of serious misconduct. The findings suggest that citizens expect officers to behave professionally, or by the book, but with a recognition that "street-level" discretion has a place in an officer's toolkit. Citizens' expectations that street-level discretion has its place is also demonstrated by findings for the dimension abuse of authority: Abuse or threatening behavior by officers is not a significant predictor of serious police misconduct. In addition, characteristics of the respondents explain propensities to observe different degrees of police misconduct. Controlling for the social status, political orientation, and prior experience of respondents with the police, we find that (1) blacks rate police misconduct significantly higher than their white counterparts, and (2) liberals rate police misconduct significantly higher than their conservative counterparts. Differences in judgments by blacks and whites and by liberals and conservatives concerning judgments of police misconduct have important implications for the legitimacy of police authority. In a democratic society, police are expected to respect citizens' due process rights and to ensure order in society. From the standpoint of the police on the beat, competing demands to ensure due process and social order are embodied in the fiber of their work day by day. In this context, the line between the legitimate role of ensuring social order and the illegitimate role of engaging in misconduct may blur. For example, from the vantage point of an officer at work, the reminder to the victim of who is in charge by, perhaps, the use of strong or even vulgar language, some threatening remarks, or the use of unnecessary force may be viewed as an essential part of one's toolkit (Skolnick & Fyfe 1993); that is, there may be times when "dirty means" are justified to ensure worthy ends. Findings from observational studies of policing corroborate a blurry distinction between the tasks of preserving social order and misconduct and, also, demonstrate a strong tradition of "street-level" discretion guided by what is considered "extralegal" or circumstantial considerations (Mastrofski, Reisig, & McCluskey 2002; see also see Black & Reiss 1967; Klinger 1994, 1997; Weitzer 2000; Worden & Shepard 1996; Muir 1977). Research suggests that most citizens tend to place a great emphasis on an expectation of evenhanded or trustworthy practices (Tyler & Huo 2002). The public expresses a rather low tolerance for police misconduct, particularly the unnecessary use of force. When asked about such behavior, findings show that, in principle, 93% of respondents do not approve of an officer "striking a citizen who had said vulgar and obscene things to the officer" (National Opinion Research Center 1998, 2000; also see Gallup Poll 1999; Harris Poll 1999; Schwartz 2002). The claim that police officers should toe the line and perform their jobs within circumscribed, fair processes suggests that the public expects officers to behave like professionals. …