Tracey Meares – Yale University

1. Don’t Jump the Shark:Understanding Deterrence and Legitimacy in the Architecture of Law Enforcement Tracey Meares –Yale University

2. Understanding Legitimacy • Lawfulness is . . .

3. Understanding Legitimacy • Lawfulness is . . . Lawfulness W E

4. Legal Constraints 1. Laws and Ordinances - Activate behavior 2. Rules, Regulations and SOPs - Activate and limit conduct 3. Court Rulings and Decisions - Constitutional protections provide legal limits

5. Understanding Legitimacy • Lawfulness is . . . • Legitimacy is . . . Lawfulness W S E N Legitimacy

6. Legitimacy The belief that: • The police are trustworthy, honest, and concerned about the well being of the people they deal with. • Police authority ought to be accepted. • People should voluntarily accept police decisions and follow police directives. • They should comply with the law and cooperate with the police.

7. What shaped decision acceptance in personal encounters (California street stops)? Tom Tyler, Presentation to Department of Justice.

8. Legitimacy “Constraints” People care about: The primary issue shaping people’s views about legitimacy when dealing with the police is whether the police are exercising their authority in fair ways - procedural justice. • Quality of decision making (Are decisions made fairly, in a neutral, unbiased way?) • Quality of treatment (Are people fairly, in a respectful, courteous way?) Procedural justice is more important than the outcome of those experiences.

9. Understanding Legitimacy • Lawfulness is . . . • Legitimacy is . . . Where you want to be Lawfulness W S E N Don’t want to be here Legitimacy

10. Understanding Legitimacy • Lawfulness is . . . • Legitimacy is . . . Gang Loitering Laws Where you want to be Lawfulness W S E N Don’t want to be here Racial Profiling Legitimacy

11. Racial Profiling as example

12. Legal view • "Any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity." -Deborah Ramirez, Jack McDevitt, Amy Farrell for • "Racially-biased policing occurs when law enforcement inappropriately considers race or ethnicity in deciding with whom and how to intervene in an enforcement capacity."-Lorie Fridell, Robert Lunney, Drew Diamond and Bruce Kub

13. Legal View, Continued • "Using race as a key factor in deciding whether to make a traffic stop." -General Accounting Office • Use by law enforcement personnel of an individual’s race or ethnicity as a factor in articulating reasonable suspicion to stop, question or arrest an individual, unless race or ethnicity. -Office of the Arizona Attorney General • In the literature to date, there appear to be at least two clearly distinguishable definitions of the term 'racial profiling': a narrow definition and a broad definition... Under the narrow definition, racial profiling occurs when a police officer stops, questions, arrests, and/or searches someone solely on the basis of the person's race or ethnicity... Under the broader definition, racial profiling occurs whenever police routinely use race as a factor that, along with an accumulation of other factors, causes an officer to react with suspicion and take action. Jim Cleary

14. Procedural Justice View Gates said he asked for the officer’s name and badge number on several occasions, but that the officer never responded or asked him if he was all right. Gates said that “the silence was deafening.” Gates said he then said to the officer, “You’re not responding because I am a black man and you’re a white officer.” Professor Gates said he was greatly disturbed that Sergeant Crowley refused to formally give him his name and badge number. He interpreted this refusal as an insult and an abuse of power.

15. The psychology of profiling and the Gates incident Hostility, defiance, resistance, unwillingness to accept. The belief that an unfair police practice (profiling) is occurring The police are not legitimate.

19. Implications Legitimacy, not deterrence, encourages long-term compliance with law This insight should change: Crime Control Policy Everyday Policing

21. Increasing Legitimacy Project Safe Neighborhoods in Chicago

22. Increased Federal Gun Prosecutions Deterrence Increased Federal Prison Sentences Incapacitation Increased Firearms Policing Supply-side strategies Offender Notification Meetings Deterrence Normative change PSN Interventions

23. Increased Federal Gun Prosecutions Deterrence Increased Federal Prison Sentences Incapacitation Increased Firearms Policing Supply-side strategies Offender Notification Meetings Deterrence Normative change PSN Interventions Legitimacy Efforts

24. Offender Notification Forums • One Hour Meetings with ‘Active Gun Offenders” • Recently released to parole/probation • Prior gun/violent offense • Live in target community • Possible gang membership • “Stick and Carrot” Approach . . . With a lot of legitimacy

25. Implementation • Three sets of presentations followed by one-on-one time with offenders: • Law Enforcement Message – “You’re a Target” • Ex-Offender Message – “You can do it” • Community Message – “Here’s how you do it”

26. = community &law enforcement = offender Implementation • Urban League Style Conference with everyone at the table • Place of “Civic Importance”

27. A Police Commander’s Message “You’re only going to be targeted if you pick up a gun, so you have a choice right? So, if you get angry, pick up a shoe and beat someone with it because you probably won’t kill them and you won’t have to worry about us . . . It’s when you pick up a gun that you have a problem”

28. A State’s Attorney’s Message “We don’t’ want to see you again, because, if we do, it’ll either be on a piece of paper as someone who picked up a gun, or as a victim. Go out and be producers. Don’t destroy the community anymore.”

29. An Ex-Offender’s Message “There’s a saying, “Change is a choice, but accountability is a guarantee.’ They [pointing to police] are sitting here and telling you they [are] coming after you. Gonna hold you accountable. Now, I don’t mean no disrespect, but if you ain’t listening, you got to be a fool . . I changed. It was a choice, a real hard one. But I did it. . . .Once you change your life around, you’ll have a whole world of new respect for yourself and others.”

30. How do we know it works? A Review of the Research

31. Research Design • Quasi-experimental design • Analyze: • Neighborhood Crime Rates • Individual Recidivism • Original Survey – The Chicago Gun Project • N = 150 active gun offenders in PSN districts • Focus on legitimacy and networks

32. 6 PSN Area 5 4 Homicide Rate per 100,000 Control Area 3 2 Rest of City 1 01 Jan 00 01 Jul 01 01 Jan 03 01 Jul 04 01 Jan 06 Change in Monthly Homicide Rates by Assignment Groups PSN Begins 1st Parolee Forum

33. 10 Control Variables Gun Recoveries Sentence Length 5 Forums 0 -0.8 -1 -2.2 -5 -2.7 Prosecutions -10 -11 -15 Combined Effect -20 -25 -30 -35 -40 -40.1 -45 Summary of PSN “Treatment” Effects on Quarterly Neighborhood Homicide Rates Percentage decrease in Log(Homicide Rate) associated with a one-unit increase in PSN “treatment” **N.B.: Random Effects Poisson Regression

34. “Survival” on the Streets – Recidivism Rates of Forum Attendees

35. Gang Member ‘Survival’ Estimates

36. “People Should Obey the Law Even if it Goes against what they think is right” Pearson Chi-Squared = 3.717 , p = 0.054

37. “Most Police Treat People with Respect” Pearson Chi-Squared = 113.32 , p = 0.0000

38. Summary of Survey Findings • “Criminals” obey the law for the same reasons as “normal” people • Legitimacy and respect matter, even for criminals. • Respect for authority  more likely to believe law is legitimate • Less likely to carry a gun

39. Thank You Questions?