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Committee to Review Research on Police Policy and Practices

Wesley Skogan and Kathleen Frydl, editors

Committee on Law and Justice


Division of Behavioral and Social Sciences and Education
Copyright © 2004. National Academies Press. All rights reserved.

National, Research Council, et al. Fairness and Effectiveness in Policing : The Evidence, edited by Kathleen Frydl, and Wesley
Skogan, National Academies Press, 2004. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/unimelb/detail.action?docID=3376394.
Created from unimelb on 2022-03-09 12:14:36.
DISCRETION BY POLICE
+ ve -
ve

Direct to rehab
prog
.
.
racial profiling
instead of ↳ biased
arresting .

↳ unlawful

Diverting youth from


often
crim justice system .
-

no procedural
fairness
↳ reduce trust in police .

Interacting with

↳ not have deferent


trust
community effect
=
.

Efficiency
2 FAIRNESS AND EFFECTIVENESS IN POLICING

asked the National Research Council to convene the Committee to Review


Research on Police Policy and Practices. The committee was asked to assess
police research and its influence on policing, as well as the influence and
operation of the community policing philosophy.
In responding to this charge, the committee examined police research
done primarily since 1968, including that sponsored by the 1994 crime act.
The committee developed an analytic framework that embodies the man-
date of the police to effectively control crime and ensure justice. The dual
mandate with regard to effectiveness and fairness forms the cornerstone of
this report. Much of our analysis focuses on the evaluation of police opera-
tions in light of these two dimensions. Evidence from policing research con-
tradicts any concern that an emphasis on policing that is fair and restrained
will necessarily undermine their crime control effectiveness, and vice versa,
for fairness and effectiveness are not mutually exclusive, but mutually rein-
forcing. The work of this committee suggests that policing that is perceived
as just is more effective in fostering a law-abiding society, and that success
in reducing crime enhances police legitimacy.

THE NATURE OF POLICING IN AMERICA


The report traces major themes in the development of American polic-
ing. It describes a policing “industry” that is highly diverse and decentral-
ized, as well as locally controlled and financed. While this is consistent with
America’s political tradition, it limits the ability of the federal government
to spark innovation or encourage uniform and progressive police policies.
Instead, such factors as crime, demographic change, local political culture,
the courts, and state legislation play important roles in stimulating reactive
change in this decentralized system. On one hand, fragmentation of the
police industry may hinder the development of coordinated responses to
national threats such as domestic antiterrorism efforts, although there is
almost no research on this topic at present. On the other hand, a highly
Copyright © 2004. National Academies Press. All rights reserved.

decentralized system avoids the risk of nationwide adoption of programs


that have little utility for a given locale. There is no systematic evidence on
what industry structure best promotes effectiveness, innovation, and ex-
perimentation.
At the street level, policing is highly discretionary, and individual offic-
ers work virtually without direct supervision. The discretionary nature of
routine police work increases the difficulty of ensuring the fairness and
lawfulness in everyday policing. Police are authorized to exercise their au-
thority in encounters with the public by issuing citations, making arrests,
and using force. While most encounters are trouble-free, the sheer volume
of police-citizen contact means that a significant number of individual citi-
zens come away dissatisfied with how they were treated. There is also evi-

National, Research Council, et al. Fairness and Effectiveness in Policing : The Evidence, edited by Kathleen Frydl, and Wesley
Skogan, National Academies Press, 2004. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/unimelb/detail.action?docID=3376394.
Created from unimelb on 2022-03-09 12:14:36.
EXECUTIVE SUMMARY 3

dence of racial and ethnic disparities in these assessments, as well as in


public opinion about the police generally. These disparities contribute to a
lowered sense of police legitimacy among minority groups.
In addition to their enforcement duties, the police provide a broad range
of services to the public, and more recently they have expanded their range
of crime prevention efforts, but there has been little research on these mat-
ters. Most research on detectives is dated, but the committee’s review of it
seriously challenges the idea that the capacity of the police to solve indi-
vidual crimes can be substantially improved. Traffic enforcement commands
significant police resources, but it too has escaped the attention of research-
ers. The emergence of racial profiling on the nation’s public agenda is chang-
ing that, but the committee concludes that most current data collection
efforts in this area are unlikely to speak to any of the policy issues involved.
One of our recommendations calls for more attention to the measurement
and research design issues involved in the study of traffic enforcement.

EXPLAINING POLICE BEHAVIOR


The committee assessed research on the causes of police behavior.
Among them are studies that address the central issue of the report: how to
ensure the effectiveness and lawfulness of policing. Research in this area
includes observational studies of police operations, analyses of administra-
tive records, and surveys of the public and the police. Almost all of this
research focuses on patrol officers, thus excluding many important elements
of police work.
The committee divided research on the determinants of police behavior
into analytic categories. The first chapter on this topic examines the impact
of situational factors and officer characteristics on police work. Situational
factors include features of the incident itself, the background and demeanor
of suspects, and their immediate context. Many studies of officers engaged
in encounters with citizens contrast the impact of legally relevant factors
Copyright © 2004. National Academies Press. All rights reserved.

with the influence of extralegal factors in shaping their on-street decisions


and actions. The outcomes that have been examined range from making an
arrest to using force, negotiating dispute settlements, or choosing to do
nothing at all. This research finds that the impact of legally relevant factors
is strong. Taking these into account, the class and gender of suspects play a
small role. However, more research is needed on the complex interplay of
race, ethnicity, and other social factors in police-citizen interactions.
Among officer characteristics, neither race nor gender has a direct in-
fluence on the outcome of routine police-citizen encounters, and there is no
clear effect of officer’s attitudes, job satisfaction, or personality. The com-
mittee found that research on factors linked to officer recruitment and train-
ing is surprisingly limited. There are few studies of the link between officer’s

National, Research Council, et al. Fairness and Effectiveness in Policing : The Evidence, edited by Kathleen Frydl, and Wesley
Skogan, National Academies Press, 2004. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/unimelb/detail.action?docID=3376394.
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4 FAIRNESS AND EFFECTIVENESS IN POLICING

knowledge, skill, ability, or intelligence and actual police practice. There is


no strong research support for police educational requirements, and re-
search on the effects of training on officer effectiveness is unconvincing.
Recruitment and training are among the most important activities of police
organizations, and more needs to be known about their role in ensuring
effective and lawful police conduct; the committee therefore offers a strong
research recommendation along these lines.
The committee also examined the impact of organizational and com-
munity factors on policing. The decisions and actions of officers are situ-
ated within these larger contexts, and they affect the quality of policing.
Organizations exist in order to define the roles of their members and regu-
larize the activities of individuals who fill them. Research indicates, for
example, that the policies and practices of police departments directly affect
the rate at which officers use lethal force. Arrests, citation rates, and mea-
sures of their success in solving cases vary greatly across police organiza-
tions, reflecting differences in their policies, performance standards, and
characteristic styles of operation. The committee notes the limited research
on police leadership and the role of leadership in affecting organizational
change.
Likewise, neighborhood and city-level factors affect both the decisions
of individual police officers and features of their departments. Police-citizen
encounters are situated in a neighborhood context that seems to indepen-
dently affect how they are conducted, and community factors affect police
resource allocation decisions and patrol activities. At the city level, issues
like how many officers the taxpayers are willing to support are locally de-
termined matters that are affected by a range of political, economic, and
crime factors. Local political cultures and the priorities of political leaders
affect policies and spending levels as well.

CRIME CONTROL EFFECTIVENESS


Copyright © 2004. National Academies Press. All rights reserved.

The committee examined research on police effectiveness at reducing


crime, disorder, and fear. There has been a great deal of research on these
topics, and the committee was able to distinguish between studies that em-
ployed adequate methods for studying them and others about which there
is less confidence. The committee assessed all work along two tracks: to
what extent are strategies effective, and to what extent do they utilize a
broad range of tools, including traditional law enforcement powers.
The committee concludes that contemporary policing has relied on an
operating model emphasizing reactive strategies to suppress crime. The
committee’s assessment of several decades of research is that there is weak
or, at best, mixed evidence regarding the effectiveness of what we have
defined as the “standard model” of policing. A large body of carefully con-

-
arrest

National, Research Council, et al. Fairness and Effectiveness in Policing : The Evidence, edited by Kathleen Frydl, and Wesley
Skogan, National Academies Press, 2004. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/unimelb/detail.action?docID=3376394.
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EXECUTIVE SUMMARY 5

ducted research has found much evidence of the effectiveness of what we


have called the “focused model” of policing.
The standard model is defined by the more or less across-the-board
reliance on random patrol, rapid response to calls for service, follow-up
investigations by detectives, and unfocused enforcement efforts. Debates
over the proper size of a city’s police department also usually hinge on the
standard assumption that larger is better when it comes to crime control.
There is strong research evidence that the more focused and specific the
strategies of the police, the more they are tailored to the problems they seek
to address, the more effective police will be in controlling crime and disor-
der. Research on police effectiveness in attacking chronic concentrations of
crime, widely known as “hot spots,” has found that well-managed investi-
gations and crackdowns can suppress crime, deter its future reappearance,
and avoid simply displacing a similar number of crimes elsewhere. Discov-
ering hot spots and tracking the effectiveness of policing efforts against
them has been facilitated by the widespread adoption of new computer
mapping and crime analysis technologies by the police, another new devel-
opment awaiting careful evaluation and analysis.
The committee reviewed evidence of the effectiveness of two widely
discussed alternatives to the standard model of policing: community and
problem-oriented policing. Problem-oriented policing stands in sharp con-
trast to the standard model because of its focus on developing highly local-
ized responses to the diverse problems that plague different communities.
Community policing always involves some form of public involvement, fre-
quently in the identification of priority problems and often with some role
for the community and for city service agencies in helping solve them. This
approach also adopts a problem-oriented stance that emphasizes develop-
ing local solutions to locally identified problems. Both are examples of what
the report dubs “tailored” responses to crime and disorder. In addition,
both seek to look beyond the traditional exercise of the law enforcement
powers of the police to reduce crime, disorder, and fear. Our review sug-
Copyright © 2004. National Academies Press. All rights reserved.

gests that such approaches have promise and should be the subject of more
systematic investigation.

LAWFULNESS AND LEGITIMACY


The committee also reviewed research on the criteria by which people
make judgments about the police: their lawfulness, that is, their compliance
with constitutional, statutory, and professional norms, and their legitimacy,
defined by the public’s beliefs about the police and their willingness to rec-
ognize police authority. These beliefs transcend mere popularity, which can
vacillate quite a bit. Rather, legitimacy as it used in this report means the
degree to which citizens recognize the police as appropriate and justified

National, Research Council, et al. Fairness and Effectiveness in Policing : The Evidence, edited by Kathleen Frydl, and Wesley
Skogan, National Academies Press, 2004. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/unimelb/detail.action?docID=3376394.
Created from unimelb on 2022-03-09 12:14:36.
6 FAIRNESS AND EFFECTIVENESS IN POLICING

representatives of government. Many controversies regarding policing fall


under these broad criteria of lawfulness and legitimacy; the current crisis of
racial profiling is only the most recent example of the challenge police agen-
cies face in balancing the demands of effective crime control, lawfulness,
and legitimacy. Research in this area includes studies of the implementation
and impact of court decisions and administrative policies on police behav-
ior in the field, and survey studies of the public that examine their attitudes
and experiences with police in their community.
Research has examined police compliance with the rules governing po-
lice interrogations, searches and seizures, and the use of excessive and lethal
force. Compliance has been found to be variable, but it can be enhanced by
the actions of determined police administrators. Research on corruption
finds that, like other forms of misconduct, police corruption can be traced
in part to lax administrative arrangements and a supportive informal peer
culture. The solutions to both problems are generally the same:ldetermined
leadership, enforcement of department policies and rules, and the creation
of new mechanisms for monitoring problem behavior.,There is only limited
research on the impact of formal legal efforts to control misconduct, through
criminal prosecution and civil suits against individual officers and federal
“pattern and practice” actions against police departments. Another area
about which more needs to be known is the effectiveness of civilian over-
sight bodies and review commissions that have been created to bring exter-
nal accountability to the police.
The committee concludes that the more lawful police are, the more
likely the outcomes produced by their actions will be accepted and em-
braced by the public. Lawful policing increases the stature of the police in
the eyes of citizens, creates a reservoir of support for police work, and
expedites the production of community safety by enhancing cooperation
with the police. In the end, policing in a democracy must be accomplished
by consent; that is, citizens must agree to the exercise of police power.
Research has found that people obey the law not just because they are
Copyright © 2004. National Academies Press. All rights reserved.

afraid of being punished or because they believe the law is morally right,
but also because they believe that the law and its enforcement are fairly
administered. The public’s judgment can be heavily influenced by the con-
duct of the police, one of the most visible representatives of law and govern-
ment in most citizens’ lives. This suggests the need to extend theories of
police effectiveness beyond the communication of a deterrent threat of pun-
ishment to encompass police engagement with communities.

RECOMMENDATIONS
A scientific knowledge base exists for helping communities to decide
what strategies to use to reduce crime and disorder while increasing police

National, Research Council, et al. Fairness and Effectiveness in Policing : The Evidence, edited by Kathleen Frydl, and Wesley
Skogan, National Academies Press, 2004. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/unimelb/detail.action?docID=3376394.
Created from unimelb on 2022-03-09 12:14:36.
I
con .
POLICE OFFICER DECISION-MAKING 1

Running head: POLICE OFFICER DECISION-MAKING

Police Officer Decision-Making in Stressful, Ambiguous and Potentially Violent

Situations

A thesis
submitted in partial fulfilment
of the requirements for the degree
of

Doctor of Psychology (Clinical; Forensic Specialisation)


at

Centre for Forensic Behavioural Science, Paul Mullen Centre


in association with

Swinburne University of Technology


Faculty of Health, Arts and Design
by

Innes Seric
B.A. (Hons)
POLICE OFFICER DECISION-MAKING 2

© Ines Seric 2016

All rights reserved. This work may not be reproduced in whole or in part, by photocopy or
other means, without written permission of the author.
POLICE OFFICER DECISION-MAKING 3

Abstract

For the majority of us, decisions that have a ripple effect - impacting our colleagues,

organisations, service consumers and the local community - are not typically made on a daily

basis. However, what is for many of us an occasional event can be the daily reality of police

officers. One only need recall the fatal shooting of 15-year-old Tyler Cassidy (see Coroner’s

Court of Victoria, 2011) to recognise the paramount consequences that may succeed police

officer decision-making.

Both researchers and practitioners have long recognised the need for decision-making

theory to form the basis of police officer discretion (e.g., Worden & Brandl, 1990),

particularly as demands on police officers grow on the count of technological advances and

increasing accountability to the courts and the community. Despite this, the policing sector

continues to receive little attention by means of generating an applicable and holistic theory

of decision-making.

Working within a constructivist grounded theory method, this thesis explored the

processes that underlie police officer decision-making. Forty-four, one-on-one interviews

were conducted with operational Victoria Police members. Concurrent collection of data,

analysis and theoretical development resulted in the generation of a grounded theory that

explains how officers functioned within a context of uncertainty. Results indicated the

presence of multiple interactions between organisational sociology, situational ambiguity and

individual characteristics in the production of a decision outcome. Working within and

between these three concepts, an overarching grounded theory of police officer decision-

making was developed. From this, a critical analysis of police leadership as the basis for a

new articulation between the occupational, organisational, and social spheres in the pursuit of

a more contemporary police structure is provided.


POLICE OFFICER DECISION-MAKING 4

Acknowledgments

The first words of this thesis were written with the pen of glory and triumph; the last with the

rustic ink of humility and curiosity. I set out to meet the requirements of the course; what I

gained was imponderable knowledge and meaning. I would like to thank Professor Stuart

Thomas. You have taught me how to let go of the burden of perfectionism and to see the

forest for the trees. Thank you to Professor Pamela Green for teaching me the most ethereal

lesson of all; the world is only what I see of it – there is no fact, only interpretation. A thank

you to Professor Michael Daffern for offering a helping hand and a patient ear.

I would like to extend my sincere and overwhelming gratitude to the officers who

participated in this study; without their stories the words on the pages of this thesis would not

bear their momentous substance. Thank you to Acting Inspector Vin Butera, you were the

gatekeeper that helped transform ideas into reality.

A special thank you to my dear colleagues; Delene Brookstein, Marie Henshaw, and Svenja

Senkans, you are three immensely inspirational women. Without you, I fear, I would not have

learned the mammoth lesson of camaraderie.

I would like to thank my mother and father. Life has not always been kind to you. Thank you

for showing me the value of adversity, thank you for teaching me perseverance and instilling

in me fortitude. Admir, thank you for being exactly, perfectly just the way that you are – you

are my oldest and most loyal friend.

Finally, I would like to thank my partner. Ammar, you have absorbed everything I have

shared with you like a thirsty sponge! You have encouraged, condoled, cheered, and loved. I

cannot wait to walk into ever more exciting adventures with you.
POLICE OFFICER DECISION-MAKING 5

General Declaration

In accordance with Swinburne University of Technology regulations, the following

declarations are made:

I, Ines Seric, hereby declare that this thesis contains no material which has been

accepted for the award to the candidate of any other degree or diploma at any

university or equivalent institution, except where due reference is made in the text of

the examinable outcome. To the best of the candidate’s knowledge this thesis contains

no material previously published or written by another person, except where due

reference is made in the text of the examinable outcome. Where the work is based on

joint research or publications, the thesis discloses the relative contributions of the

respective workers or authors.

As the candidate, I bore principal responsibility for the ideas, research design,

implementation and writing of this thesis, under the supervision of Professor Stuart Thomas

and Professor Pamela Green. In completing this thesis, I worked within the Centre for

Forensic Behavioural Science and the School of Health Sciences, Swinburne University of

Technology.

Ines Seric
Doctor of Psychology (Clinical & Forensic) Candidate
School of Health Sciences
Faculty of Health, Arts and Design
Swinburne University of Technology
POLICE OFFICER DECISION-MAKING 6

Copyright Notices

Notice 1

Under the Copyright Act 1968, this thesis must be used only under the normal conditions of

scholarly fair dealing. In particular, no results or conclusions should be extracted from it, nor

should it be copied or closely paraphrased in whole or in part without the written consent of

the author. Proper written acknowledgment should be made for any assistance obtained from

this thesis.

Notice 2

I certify that I have made all reasonable efforts to secure copyright permissions for third party

content included in this thesis and have not knowingly added copyright content to my work

without the owner's permission.


POLICE OFFICER DECISION-MAKING 7

Table of Contents

Abstract ...................................................................................................................................... 3
Acknowledgments...................................................................................................................... 4
Appendices ............................................................................................................................... 12
List of Tables ........................................................................................................................... 13
List of Figures .......................................................................................................................... 14
Map of Victoria Police ............................................................................................................ 15
Overview of Victoria Police Regions ...................................................................................... 16
CHAPTER ONE: AB INITIO – FROM THE BEGINNING .................................................. 17
1.1 A Brief History of the Victorian Police ................................................................. 20

1.2 Epistemological Stance ............................................................................................... 23

1.3 Thesis Overview ......................................................................................................... 24

CHAPTER TWO: THE BLUE LINE ...................................................................................... 27


2.1 The Place of Extant Literature in Grounded Theory .................................................. 28

2.2 Definitions .................................................................................................................. 29

2.3 Method ........................................................................................................................ 30

2.4 Organisational Factors ................................................................................................ 32

2.4.1 Wilson’s redux. ................................................................................................ 33

2.4.2 Pulling rank. ..................................................................................................... 40

2.4.3 Does size matter? ............................................................................................. 46

2.5 Offender Characteristics ............................................................................................. 50

2.5.1 Race and the police. ......................................................................................... 51

2.5.2 Demeanour or crime? ....................................................................................... 60

2.5.3 Is chivalry dead? .............................................................................................. 68


POLICE OFFICER DECISION-MAKING 8

2.5.4 The influence of suspect mental illness. .......................................................... 74

2.6 Officer Characteristics ................................................................................................ 80

2.6.1 Train to decide. ................................................................................................ 81

2.6.2 Experience in making hard decisions. ............................................................. 86

2.7 Discussion ................................................................................................................... 91

CHAPTER THREE: METHODOLOGY - INTRODUCING GROUNDED THEORY ........ 93


3.1 Grounded Theory ........................................................................................................ 94

3.2 Methodological Tenets of Grounded Theory.............................................................. 97

3.2.1 The research question. ..................................................................................... 99

3.2.2 Data collection. ................................................................................................ 99

3.2.3 Data analysis. ................................................................................................. 100

3.2.4 Memo-writing. ............................................................................................... 104

3.3 Summary ................................................................................................................... 107

CHAPTER FOUR: METHOD .............................................................................................. 109


4.1 Tabula Rasa............................................................................................................... 109

4.2 Construction of the Research Question .................................................................... 110

4.3 Developing and Testing of Research Instruments .................................................... 111

4.4 Research Ethics ......................................................................................................... 112

4.4.1 Informed consent. .......................................................................................... 113

4.4.2 Risk of harm. .................................................................................................. 114

4.4.3 Confidentiality. .............................................................................................. 115

4.4.4 Ethics approval............................................................................................... 116


POLICE OFFICER DECISION-MAKING 9

4.5 Fieldwork .................................................................................................................. 116

4.5.1 Data collection. ............................................................................................... 121

4.5.1.2 Reflections on the use of telephone interviews. ..................................... 125


4.5.2 Data preparation. ............................................................................................ 125

4.5.3 Data analysis. ................................................................................................. 127

4.5.3.1 Open coding. .......................................................................................... 129


4.5.3.2 Focused coding. ...................................................................................... 130
4.5.3.3 Theoretical (selective) coding. ............................................................... 133
4.6 Summary ................................................................................................................... 134

CHAPTER FIVE: TRUST, BUT VERIFY ........................................................................... 135


5.1 Credibility ................................................................................................................. 136

5.2 Transferability........................................................................................................... 139

5.3 Dependability and Confirmability ............................................................................ 139

5.4 Summary ................................................................................................................... 140

CHAPTER SIX: VICTORIA POLICE SOCIOLOGY.......................................................... 141


6.1 Hierarchy .................................................................................................................. 142

6.1.1 Supervisors. .................................................................................................... 143

6.1.1.1 Unilateral command. .............................................................................. 143


6.1.1.2 Reciprocal command. ............................................................................. 145
6.1.2 Officers. ................................................................................................................. 147

6.2 Leadership ................................................................................................................. 150

6.3 Geographical Variation ............................................................................................. 153

6.3.1 Rural PSAs. .................................................................................................... 154

6.3.1.1 Is rural policing the equivalent of community-oriented policing? ......... 158


6.3.2 Urban PSAs. ................................................................................................... 160
POLICE OFFICER DECISION-MAKING 10

CHAPTER SEVEN: SITUATIONAL AMBIGUITY ........................................................... 164


7.1 Third Parties .............................................................................................................. 165

7.1.1 Ambulance personnel..................................................................................... 165

7.1.2 Public bystanders. .......................................................................................... 168

7.2 Police Partnerships .................................................................................................... 170

7.3 Suspect Characteristics ............................................................................................. 172

7.3.1 Demeanour. .................................................................................................... 173

7.3.1.1 The ambivalent suspect. ......................................................................... 173


7.3.1.2 The hostile suspect. ................................................................................ 174
7.3.2 Drug intoxication. .......................................................................................... 176

7.3.3 Mental illness. ................................................................................................ 177

7.4 Discussion ................................................................................................................. 179

CHAPTER EIGHT: THE INDIVIDUAL DECISION-MAKER .......................................... 181


8.1 Training ..................................................................................................................... 182

8.2 Experience ................................................................................................................ 186

8.2.1 Information processing. ................................................................................. 186

8.2.1.1 Anticipatory information processing. ..................................................... 187


8.2.1.2 Active information processing. .............................................................. 188

8.2.1.3 Future-oriented information processing. ................................................ 189

8.2.1.4 Sequential information processing. ........................................................ 191

8.2 Intuition: A central skill. ........................................................................................... 192

8.3 Individual Characteristics ......................................................................................... 196

8.3.1 Empathy. ........................................................................................................ 196


POLICE OFFICER DECISION-MAKING 11

8.3.2 Placidity. ........................................................................................................ 198

8.3.3 Lived experience. ........................................................................................... 200

8.4 Discussion ................................................................................................................. 201

CHAPTER NINE: A GROUNDED THEORY OF POLICE OFFICER DECISION-


MAKING ............................................................................................................................... 204
Figure 10. Three composite factors of uncertainty in the policing context. ................... 205

9.1 Reducing Uncertainty ............................................................................................... 206

9.1.2 Reducing uncertainty through individual processes. ..................................... 209

9.2 Thriving on Uncertainty............................................................................................ 210

9.2.1 Social leadership: Promoting effective relationships. .................................... 211

9.2.1.1 Communication. ..................................................................................... 213


9.2.1.2 Common purpose. .................................................................................. 213
9.2.1.3 Collaboration. ......................................................................................... 214
9.2.2 Social leadership: Promoting reflective practice. .......................................... 215

9.3 Implications .............................................................................................................. 220

9.4 Limitations ....................................................................................................................... 225


9.5 Conclusion ................................................................................................................ 226

REFERENCES ...................................................................................................................... 229


APPENDICES ....................................................................................................................... 261
POLICE OFFICER DECISION-MAKING 12

Appendices

Appendix 1. Quality appraisal questions. .............................................................................. 261

Appendix 2. Differences across Glaserian and Straussian schools of thought. ..................... 263

Appendix 3. Police officer decision-making interview guide. .............................................. 265

Appendix 4. Explanatory statement. ...................................................................................... 274

Appendix 5. Consent form. ................................................................................................... 277

Appendix 6. Telephone interview consent script. .................................................................. 279

Appendix 7. MUHREC approval letter. ................................................................................ 280

Appendix 8. RCC approval letter........................................................................................... 281

Appendix 9. VPHREC approval letter. .................................................................................. 282

Appendix 10. SUHREC approval letter. ................................................................................ 283

Appendix 11. Recruitment email template. ........................................................................... 285

Appendix 12. Recruitment advert. ......................................................................................... 286

Appendix 13. Data analysis audit trail. .................................................................................. 287


POLICE OFFICER DECISION-MAKING 13

List of Tables

Table 1. Review of studies investigating Wilson’s typology………………………………...37


Table 2. Review of studies investigating the effect of supervision on police officer decision-
making………………………………………………………………………………………..43
Table 3. Review of studies investigating the effects of police station size on police officer
decision-making……………………………………………………………………………...48
Table 4. Review of studies investigating the effect of suspect race on police officer decision-
making………………………………………………………………………………………..54
Table 5. Review of studies investigating the effect of suspect demeanour on police officer
decision-making……………………………………………………………………………...62

Table 6. Review of studies investigating the effect of gender on police officer decision-
making………………………………………………………………………………………..70

Table 7. Review of studies investigating the effect of suspect mental illness on police officer
decision-making……………………………………………………………………………...77

Table 8. Review of studies investigating the effect of training on police officer decision-
making………………………………………………………………………………………..83

Table 9. Review of studies investigating the effect of officer’s level of experience on


decision-making……………………………………………………………………………...88

Table 10. A memo for an interview conducted in the current research. ................................ 105
Table 11. Frequency and percentage frequency distributions of participants classified by
years of experience. ............................................................................................................... 119
POLICE OFFICER DECISION-MAKING 14

List of Figures

Figure 1. Thesis map. ............................................................................................................... 26

Figure 2. A sample diagram used as part of reflexive practice. ............................................. 106

Figure 3. Victoria Police regions. .......................................................................................... 118

Figure 4. Development of lines of research inquiry. ............................................................. 120

Figure 5. Excerpt of open coding. .......................................................................................... 130

Figure 6. Unilateral police command..................................................................................... 144

Figure 7. Reciprocal police command. .................................................................................. 146

Figure 8. Emergency service collaboration and responsibility. ............................................. 166

Figure 9. Stages of incident and types of information processing. ........................................ 187

Figure 10. Three composite factors of uncertainty in the policing context. .......................... 205

Figure 11. Components of effective relationships in policing environment .......................... 212


POLICE OFFICER DECISION-MAKING 15

Map of Victoria Police


POLICE OFFICER DECISION-MAKING 16

Overview of Victoria Police Regions

Source: Victoria Police Annual Report 2013-2014.


POLICE OFFICER DECISION-MAKING 17

CHAPTER ONE: AB INITIO – FROM THE BEGINNING

A lot of people think this is just a job that you go to take a lunch hour, job’s over,

something like that. But it’s a twenty-four hour deal, no two ways about it. And what

most people don’t see, just how hard it is to do the right thing. People think if I make

a judgment call that that’s a judgment on them. But that’s not what I do, and that’s not

what should be done. I have to take everything and play it as it lays. Sometimes

people need a little help. Sometimes people need to be forgiven. And sometimes they

need to go to jail. Now, it’s a very tricky thing on my part, making that call. The law

is the law, and heck if I’m gonna break it.

Officer Jim Kurring, Magnolia (Film, 1999)

The police force constitutes a significant legal entity that lies at the core of modern

society, widely recognised as “an organised body of police officers whose function and duty

it is to maintain the peace and good domestic order, to prevent and detect crime, to protect

life and property, and to provide emergency services” (Butt, 2004, p. 332). Various policing

scholars have, over time, injected the coercive force component into the definition. Alderson

(1979, p. 11), for example, noted that:

The police are instruments of the legal coercive power of the State to produce effects

intended by the legislation … They deny unconstitutional power to others, while at

the same time they have legal power to do their constitutional duty.

The mandate of the police, thus, comprises legal powers that fulfil the fundamental

requirements of keeping the peace and preventing crime. Arguably, policing is a

socially constructed entity - one that serves as a fundamental agent of social control and

functions within a normative and institutional framework shaped by local value systems (e.g.,
POLICE OFFICER DECISION-MAKING 18

Loader & Mulcahy, 2003; Reiner, 2000). Mandated with the overall governance of serving

the community, uniformed, and highly visible the police represent the state’s legitimation and

power (Bittner, 1990) whilst being protected from direct forms of unwarranted partisan

political and other corporate interferences. The doctrine of constabulary independence,

famously asserted by Lord Denning in R v. Metropolitan Police Commissioner, ex parte

Blackburn (1968), decrees that:

No minister of the Crown can tell [the Commissioner] that he must, or must not, keep

observation on this place or that; or that he must, or must not, prosecute this man or

that one. Nor can any police authority tell him so. The responsibility for law

enforcement lies on him. He is answerable to the law and to the law alone.

This centrality of discretion, as concisely stipulated by Lord Denning and the fictional Officer

Jim, continues to be echoed in contemporary codes of police ethics. The Victoria Police Code

of Conduct (2014, p. 3) recently observed that:

As a Victoria Police employee you will encounter many, varied and complex

situations. Whatever the circumstances, you need to be able to make informed,

professional and ethical decisions. While legislation and organisational policy rules

and guidelines will direct or inform how to deal with certain matters, they cannot

prescribe every situation or experience. Using a decision making framework that has

regard to ethics, organisational values and human rights will help you make decisions

that reflect organisational standards and community expectations.

The ongoing interest in police discretion inspired the current research, which set out

to explore a twofold research question - how does police officer decision-making unfold

amidst dynamic and fast-paced circumstances, and what information or strategies do police

officers use to arrive at a decision outcome? In line with this, a grounded theory study was
POLICE OFFICER DECISION-MAKING 19

undertaken to examine how officers make decisions in situations where specific actions are

not prescribed by police policy and/or procedure. It is worth drawing a distinction here

between discretion and what might be referred to as decision-making. The former is defined

as the liberty to decide and is fundamentally dictated by the limits of legal authority

(Stenning, 2009). The latter, in contrast, almost always involves some part of the former.

That is, an officer must first conclude that he has the legal power to decide (i.e., discretion)

before he can determine how best to resolve the problem situation (i.e., decision-making).

Decision-making is conceptualised in this thesis as a dynamic process that unfolds

amidst uncertain and ever-changing circumstances. It occurs within the confines of the

human mind, thus cannot be thought of as a linear process that results in the production of

optimal decision outcomes (as proposed by Rational Choice Theory; e.g., Dastani, Hulstijn,

& van der Torre, 2005). The prodigious interest in the process of decision-making as it occurs

in the real-world is evidenced across various disciplines, including domains of firefighting

(e.g., Lipshitz, Omodei, McClellan, & Wearing, 2007), aviation emergency (e.g., Orasanu,

Martin, & Davison, 2001), military command (e.g., George, Kaempf, Klein, Thorsden, &

Wold, 1996), and critical care nursing (e.g., Currey & Botti, 2003) to name but a few. Amidst

the stark surge of interest, it is somewhat surprising that the policing sector continues to be

predominantly overlooked. Consequential decisions made by police officers are apt to be

examined as they may contribute to the societal perception of the police as not adequately

prepared (Weitzer, 2005); positioning the police force at the forefront of public attention and

critique.

The research presented in the current thesis is timely in many respects. It is timely in a

theoretical sense as researchers have developed a more pronounced interest in explicating

real-life decision-making. It is timely from a socio-legal perspective given the increased

criticism of the police by the community and the subsequent ruptures in police-community
POLICE OFFICER DECISION-MAKING 20

relations (e.g., Haile Michael & Ors v Konstantinidis, the Chief Commissioner of Victoria

Police, the State of Victoria & Ors, 2010). It is also timely in a political sense as the issues of

accountability and governance evidently continue to affect reform agenda (Victoria Police

Blue Paper, 2014).

1.1 A Brief History of the Victorian Police

The police as we know it today was first conceived by English society in the second

quarter of the nineteenth century (Reith, 1956). As is true for the majority of Common Law

nations, Australia derived its policing antecedents from Peel’s Constabulary - a paramilitary

form of policing emphasising the preservation of life and property and the detachment of the

police from parish authorities (Reith, 1948). The Metropolitan Police Act 1839 (UK)

introduced a centralised and unified system of policing, implemented piecemeal in Australian

colonies under the aegis of the British government.

Prior to this, and during the mid-eighteenth century, the role of police in Australia

was focused upon order maintenance of what was essentially a frontier land. Early policing

was profoundly influenced by the conflict between the Aboriginal inhabitants and the newly-

arrived British settlers (Broome, 1988; Reynolds, 1987). The intensity and duration of this

conflict has been said to account for the paramilitary nature of Australian police who, unlike

their British counterparts, were heavily armed and adopted a military appearance and

function (Palmer, 1994; Protective Security Review, 1979).

In 1835, six years after the establishment of Peel’s new police, settlers from Van

Diemen’s Land began to occupy the land of the Port Phillip District - later renamed the state

of Victoria. Police officers were deployed a short time later in 1836, their main role

pertaining to the propensity of White settlement. Almost two decades later in 1851, two

events transformed the colony and altered policing practice and history. On the 1st of July the

colony of Victoria separated from New South Wales - the discovery of gold followed and led
POLICE OFFICER DECISION-MAKING 21

to a rapidly increasing population size. The established police servers were too sparsely

distributed to control the escalating and unprecedented rates of crime and disorder. A

centrally controlled Victoria police force was ultimately established in January of 1853

(Haldane, 1986), predicated on elements of the British policing experience modified to local

conditions. Large numbers of armed police officers were dispatched to the goldfields to

maintain law and order as well as to collect various mining taxes imposed on independent

miners (Haldane, 1986). The miners eventually retaliated against the revenue raising

measures, resulting in a period of civil disobedience (Connell & Irving, 1992) and the

eruption of several riots including the Eureka Stockade in 1854, Buckland River in 1857,

Lambing Flat in 1861 and the Clunes in 1873.

During the years of 1878-1880, the Kelly Outbreak epitomised the microcosm of the

police, bringing to light the role and reputation of the police force through scrupulous

commentary from a host of Kelly scholars (McQuilton, 1987). The historical events of this

era were later linked to a broader struggle over land and challengers to squatter privilege,

wherein “Australian nationalism took definite form in the class struggle between the landless

majority and the land monopolising squatters” (Hancock, 1948, p. 60). In the aftermath of the

Kelly Outbreak, the Longmore Royal Commission highlighted several areas of change that

bought about substantial reform within the structure and function of Victoria Police (Royal

Commission on the Police Force of Victoria, 1881-1883).

In the early 1880s policing in rural Victoria became less militaristic, in part due to the

outcomes of the Royal Commission (Haldane, 1986) and in part as a result of the shift in

significance of land as a basis for social division (Buckley & Wheelwright, 1988). The

policing focus diverted away from rural areas and towards cities and regional towns where

worker movements and militancy were on the rise. Waged labour became the primary form

of livelihood: industrial unions expanded and were incorporated into the labour movement
POLICE OFFICER DECISION-MAKING 22

(Love, 1988). With the onset of mass unemployment during the 1890s depression (Buckley &

Wheelwright, 1988), social reform protests grew more politicised and the police were

increasingly involved in the ongoing conflict between employers and workers. Police

intervention in miner strikes frequently erupted into violent riots between the strikers and the

police (Scates, 1990).

With the outbreak of the First World War in 1914, State police forces became heavily

involved in surveillance. As part of the administration of the War Precautions Act “the police

were to supplement their numbers with special mounted constables recruited by police

officers in country districts” (Cain 1983, p. 237). The establishment of specialist paramilitary

squads (e.g., the Special Operations Group) was further propagated during 1962-1975 in

response to the Vietnam War (Hocking, 1993).

Currently, Victoria Police operates under the Victoria Police Act 2013 guided by the

strategic directions outlined in the Victoria Police Blueprint 2012-2015. Focus has been

heavily set on effective service delivery, improving community safety, working with

stakeholders, achieving goals, and developing the business (Victoria Police Blueprint, 2012-

2015). As already noted, the Victoria Police Code of Conduct (2014) outlines that members

“will encounter many, varied and complex situations” (p. 3) in achieving the above-specified

goals and that under such circumstances “informed, professional and ethical decisions” ought

to be made. The caveat that existing legislation, policy and guidelines “cannot prescribe

every situation or experience” (p. 3) directly speaks to the purpose of the current thesis.

Under circumstances where a prescribed strategic response is absent, it is unclear on what

decision-making processes officers are to rely. Indeed, in circumstances where a prescribed

method of response does exist, the police organisation cannot guarantee that officers will

necessarily ascribe to such policy direction.


POLICE OFFICER DECISION-MAKING 23

1.2 Epistemological Stance

The current investigation falls within the scope of social constructivism (Berger &

Luckmann, 1966), which contends that reality is socially construed and cannot be perceived

from an entirely unbiased and objective stance (Burr, 2004). Knowledge and truth are

understood to be socially defined, emerging from the interactions of individuals (Schwandt,

2003) and varying across and within societies, groups and individuals themselves (Blaxter,

Hughes, & Tight, 2006). Adopting a constructivist approach enabled the researcher to

identify and give meaning to factors that may not have otherwise been exposed through

metrics. The research sought to produce a grounded theory (Glaser & Strauss, 1967) that

reflected the issues of most importance to the research participants whilst acknowledging that

generalisation across the entire police population was insurmountable.

The conception of a grounded theory was explicitly predicated on Charmaz’s (2006)

constructivist method - Constructivist Grounded Theory (CGT) - designed for the analysis of

social processes through which meaning is constructed and contested. The approach involves

a series of iterative, analytic steps that direct the researcher to move back and forth between

data and increasingly abstract theoretical concepts. The product of this process is a middle-

range theory that is grounded in the data and developed in relation to the interpretations of the

people experiencing the phenomenon (Gephart, 2004).

A constructivist approach was chosen given its strengths in theorising new areas of

research (Charmaz, 2006) as well as its pragmatic and systematic approach to analysis

(Myers, 2009). The explicit recognition that existent knowledge may influence perception

and interpretation of data fell in line with the researcher’s own conceptualisation of human

cognition. The acceptance of prior knowledge as inescapable enabled the use of existent

knowledge as a method of stimulating theoretical sensitivity and generating hypotheses

(Charmaz, 2006). As part of this, maintaining a level of vigilance was deemed paramount to
POLICE OFFICER DECISION-MAKING 24

ensuring that interpretations and meanings assigned to the data did not stem from intrinsic

biases:

The researcher’s scrutiny of his or her research experience, decisions, and

interpretations in ways that bring the researcher into the process and allow the reader

to assess how and to what extent the researcher’s interests, positions, and assumptions

influenced inquiry. A reflexive stance informs how the researcher conducts his or her

research, relates to the research participants, and represents them in written reports

(Charmaz, 2006, p. 188-189).

In line with the researcher’s commitment to a constructivist approach, a reflexive

stance was practiced throughout the research process and particularly during the iterative data

collection and data analysis phase (e.g., Charmaz, 1990; 2006). Chapter 3 (Methodology) and

Chapter 4 (Method) elaborate further on this and include specific examples to highlight how

the above outlined notions were manifested.

1.3 Thesis Overview

The map of the thesis structure provided in Figure 1 illustrates the logic of the

grounded theory approach worked through in this thesis and the factors that were found to be

central to the functions of the participating Victoria Police members.

This introductory chapter provides a brief historical account of the policing context as

well as a broad overview of the CGT approach. Next, the context within which the inquiry

was conducted is introduced and situates the thesis within the current policing literature

(Chapter 2). The CGT approach is then described (Chapter 3) and its principles are applied

(Chapter 4). The research procedures described in the method chapters are subsequently

evaluated across several dimensions of rigour (Chapter 5). Following this, analytic focus is

drawn to the vacuum within which uncertainty functions - comprising the organisational
POLICE OFFICER DECISION-MAKING 25

context (Chapter 6), the situational environment (Chapter 7), and the characteristics of the

decision-maker (Chapter 8). The dynamics between the organisation, the situational

environment and the decision-maker are integrated into an overarching grounded theory of

police officer decision-making (Chapter 9). The theory contends that the participating police

officers functioned within a system of uncertainty that unfolded as a result of a dynamic

interplay between a host of inter- and intra- individual factors. The implications for Victoria

Police are provided before the theory is offered for subsequent assessment and theoretical

development.
POLICE OFFICER DECISION-MAKING 26

Figure 1. Thesis map.

LITERTURE REVIEW INTRODUCTION

DISCUSSION
METHODOLOGY

ORGANISATIONAL SITUATIONAL
CONTEXT ENVIRONMENT

POLICE LEADERSHIP
THE
DECISION-
MAKER
METHOD
RIGOUR

ANALYSIS
POLICE OFFICER DECISION-MAKING 27

CHAPTER TWO: THE BLUE LINE

Police officers are required to understand the workings of, and effectively operate in the

complex social, political, and organisational systems within which they function (Mitchell &

Casey, 2007). Fundamental to this task is the process of decision-making, an issue that has

long presented as important yet controversial mostly due to the fact that “the decisions they

[police officers] make largely define the limits of the criminal justice process and have a

profound effect upon the overall administration of justice” (National Advisory Commission

on Criminal Justice Standards and Goals, 1973). In his seminal paper, Goldstein (1960)

argued that the function of the police officer cannot be wholly understood if it were to be

reduced to principles of pure legality. That is, police officers do not merely apply legal

maxims in a diplomatic and religious manner rather they employ their decision-making skills

to invoke the law of the land (Goldstein, 1960).

Discretion became a considerable object of focus following Goldstein’s publication,

with many police scholars suggesting that the manner in which order maintenance was

enforced varied considerably and was most commonly the result of extra-legal and

departmental features rather than training protocol and policies (Wilson, 1968). The primary

concern that subsequently arose was the lack of surety that police officers were adhering to

the doctrine of constabulary independence. As part of this debate, scholars posed the

following questions: Were police officers completely protected from unwarranted political

and other corporate or personal influences and pressures? Was police discretion arbitrary?

Did it lead to unethical behaviour?

In an attempt to provide empirical answers, policing research respectively shifted its

focus to the investigation of various factors hypothesised to impact police officer decision-

making including organisational features (e.g., Smith, 1984), perpetrator characteristics (e.g.,
POLICE OFFICER DECISION-MAKING 28

Alpert, Dunham, & Smith, 2007; Klinger, 1994), and officer characteristics (Rosenbaum,

1987). This chapter provides an integrative review of this theoretical and empirical literature,

synthesising extant information to enable for conclusions to be drawn about the current state

of knowledge. Specifically, the review enabled:

(i) the identification of how police officer decision-making has thus far been

conceptualised and measured,

(ii) the identification of gaps in knowledge,

(iii) the development and refinement of the research objectives, and

(iv) the construction of preliminary interview questions.

2.1 The Place of Extant Literature in Grounded Theory

Within the field of grounded theory research, the use of existing literature represents a

polemical and divisive issue (Bryant & Charmaz, 2007). Whilst engagement with the

literature prior to data collection is axiomatic of most strategies of inquiry, Glaser and Strauss

(1967) explicitly argued against the practice. Others have echoed their concern, contending

that knowledge of the research base placed the researcher at risk of “plough[ing] ahead along

an established theoretical furrow … diminishing the potential for a wider repertoire of

theoretical innovation” (Dey, 2007, p. 176). In the ensuing decades, the position of the

founders – Strauss in particular – shifted significantly. Others also began to argue for the

importance of an early review of the literature, contending that it oriented the researcher

away from conceptual and methodological pitfalls (Urquhart, 2007), revealed how the

phenomenon had been studied to date (Denzin, 2002), facilitated the iterative nature of the

grounded theory method, and brought to bear unhelpful preconceptions (McCallin, 2003).

Within contemporary practice, there is a growing consensus that a middle ground –

one that acknowledges the original ethos of grounded theory but also recognises the practical
POLICE OFFICER DECISION-MAKING 29

need for, and advantages of early engagement with existing literature – be adopted

(McCallin, 2003). In this thesis, engagement with the literature occurred prior to data

collection in order to identify what work had been undertaken thus far, which issues were

central to the field, and what knowledge gaps existed at that point in time. The literature

review was central to the formation and justification of the research questions and facilitated

a familiarity with the landscape of the subject (McMenamin, 2006).

2.2 Definitions

In setting the parameters of the current review, it was vital to consider how the key

terms of policing and decision-making were defined. Over four decades ago Bittner (1974)

observed that the police service was one of the best known yet least understood of public

institutions. Even now this impasse rings true, how does one approach the task of defining the

police? Is it to be done by charting the myriad factors that led to the establishment of the

modern police service or does one approach the matter by exploring the diverse roles the

service performs? It is beyond the scope of the current review to tread the path of this

philosophical expedition (see Rowe, 2008 for a comprehensive discussion). It will suffice to

specify here that policing refers to state-sponsored agencies that function at a local, state or

federal level in accordance with the Victoria Police Act 2013. Policing does not include

private agencies, intelligence organisations or crime commissions which serve somewhat

disparate roles. The goal of any policing agency is assumed to be analogous to that of

Victoria Police - to serve a specified community by upholding the law of the land and

promoting a safe, secure, and orderly society (Victoria Police Act, 2013). In achieving this

end goal, a combination of preventive, administrative, and repressive functions may be

applied.

Whilst the police are identified throughout this thesis as one broad set of social actors,

a significant degree of variation within the group is both anticipated and recognised. The
POLICE OFFICER DECISION-MAKING 30

police as a service can be strikingly different in organisational form, function, resource base

and capacity across agencies and regions. In using the term police, the intention is not to

collapse this rich variation rather it is to draw attention to the dynamics through which

broadly shared understandings of appropriate action are created.

In terms of decision-making, the concept is defined here as a dynamic process that

unfolds amidst unpredictable and time pressured conditions. The decision-maker is

considered to be an active agent, assessing the situation by searching for available cues,

forming an interpretation, and ultimately producing an action outcome. It is assumed that this

process does not occur in a linear fashion or through mathematical computations as proposed

by rational choice theories. Rather the decision-maker is presumed to rely heavily on

previous experience as well as various cognitive strategies in arriving at what is considered to

be a satisfactory outcome. Evidently, police officers have a number of decision options

available to them when they engage in resolving a police-citizen encounter. Such options

include arrest, use of force, stops, citations and warnings. Although this is not an exhaustive

list by any means it includes the decision options that were considered in the current review.

2.3 Method

In order to generate a comprehensive, standardised, and reliable evidence summary of

factors contributing to police officer decision-making an international scope was adopted.

The studies included were those published in English between the period of 1980 and 2015.

The rationale for this time period pertained to the fact that studies preceding 1980 failed to

take into account the introduction of problem-oriented policing1 (Goldstein, 1979) and the

1
Problem-oriented policing is defined as a method of policing that aims to improve police effectiveness through
examining and acting on the underlying conditions that give rise to community problems. The problem is the
basic unit of police work, rather than crime, and is defined as something that can cause harm to citizens and the
police. Responses emphasise prevention, going beyond the criminal justice system, and engaging with other
public agencies, the community, and the private sector (Australian Institute of Criminology, 2004).
POLICE OFFICER DECISION-MAKING 31

later implementation of community-oriented policing2 (Wilson & Kelling, 1982), which

gradually gained acceptance as alternatives to the traditional policing model in the 1980s.

Four commonly used electronic databases were utilised (Emerald, Taylor & Francis,

Wiley, and Sage). Searches were conducted using terms relevant to the review question i.e.,

police and Wilson for the review of Wilson’s typology; police, law enforcement, supervision,

and patrol for the review of police supervision; police, law enforcement, and department size

for the review of department size; police, law enforcement, race, racial profiling and arrest

for the review of suspect race; demeanour, police, law enforcement, and arrest for the review

of suspect demeanour; gender, sex, police, law enforcement, and arrest for the effect of

suspect gender; mental illness, police, law enforcement, and arrest for the review of persons

presenting with mental illness; training, police, and law enforcement for the review of the

effect of officer training; experience, police, and law enforcement for the effect of officer

experience. Terms depicting the police organisation (i.e., police, law enforcement) were

paired with all other relevant target words - searching once in the field ‘abstract’, once in the

field ‘keyword’ and once in the field ‘article title’. Reference lists of all relevant articles were

searched to identify additional articles and textbooks. The author scanned all titles and

abstracts prior to retrieval – primary and review articles were examined further for

information pertinent to the current research questions. This search strategy was repeated

annually to identify newly published articles.

Eligibility criteria addressed source (i.e., peer-reviewed sources), geography, and a

quality appraisal – the framework for which was adapted from Long, Gofrey, Randall,

Brettle, and Grant’s (2002) evaluation tool for mixed methods research (see Appendix 1).

Studies were excluded if data collection solely relied on subjective, officer reports in

2
Community-oriented policing refers to the engagement of the police with the community through the
restructuring of police organisations and daily activities of police officers. Central to the philosophy of
community-oriented policing is the emphasis on effective working partnerships with the community (Australian
Institute of Criminology, 2011).
POLICE OFFICER DECISION-MAKING 32

response to constructed vignettes or computer simulations3. Although this research was

excluded due to methodological limitations it is nonetheless acknowledged that this research

base has contributed significantly to the understanding of police officer decision-making

(e.g., Stalans & Finn, 1995). Duplicates, book reviews, and content irrelevant articles were

removed. Given the broad scope of factors that have been investigated and the diversity of

measures utilised, formal meta-analytic methods were deemed as both impractical and

inapplicable. Instead, the current review focused on qualitative synthesis of the relevant

evidence-based literature. Research efforts using both quantitative and qualitative

methods have attempted to explain police behaviour during interactions with citizens (e.g.,

Mastrofski, 1981; Worden & Shepard, 1996). Such investigations have found that legal

variables (e.g., the seriousness of the alleged offence, the strength of evidence of criminal

wrongdoing against the suspect, the presence of a weapon) have a strong and constant

influence on formal police decisions (Novak, Frank, Smith, & Engel, 2002). The empirical

evidence for the effect of extra-legal factors is considerably more mixed and controversial.

As such, the current review places its focus on the latter.

2.4 Organisational Factors

All cultural systems consist of shared values, norms, beliefs, and expressive symbols

(Peterson, 1979). Organisational culture is not a distinct entity, similarly characterised by

beliefs, values, norms, and prototypes that are shared by its members (Jermier, Slocum, Fry,

& Gaines, 1991). According to Jermier et al. (1991), official organisational culture and

organisational subculture are disparate concepts. The former refers to an organisation’s

3
Participants are presented with digital colour photographs of Black and White persons that are paired with
either a weapon or a neutral object. Participants are instructed that their task is to determine whether or not to
shoot. Pictures of persons with a gun are deemed criminals, whilst those with a neutral object are innocent. The
photographs appear on screen for approximately 630 milliseconds; participants must press a certain key
designated for a shoot decision and a certain key for a don’t shoot decision (for an example see Plant & Peruche,
2005).
POLICE OFFICER DECISION-MAKING 33

formal declarations of approved missions, goals, norms, and hierarchical structure

communicated through mission statements, policies, and other formal documentation. The

latter is the collective perception of official missions and standards of conduct held by the

organisation’s members, portrayed and exemplified through the day-to-day practices and

attitudes modelled by experienced members. The police subculture often emphasises that a

combination of personal values, common sense, and rules developed collectively are needed

to handle the stress that police officers face during their interactions with citizens and

superiors (e.g., Cochran & Bromley, 2003).

The influence that organisational culture has on individual decision-makers remains a

point of debate. Some researchers have found that police officers do consider organisational

factors in their decision-making (e.g. Wilson, 1968), others have categorised organisational

effects as minimal (Hassell, Zhao, & Maguire, 2003). In the sections that follow, previous

studies that have addressed the effects of various police organisational factors on officer

behaviour and decision-making are reviewed.

2.4.1 Wilson’s redux.

The cardinal assumption of all theoretical perspectives relating to the effect of

organisational context on police officer decision-making states that organisational values and

occupational norms influence the behaviour of individual officers. Wilson’s (1968) magnum

opus provides the most comprehensive premise, formulating police organisational styles as

catalysts of interorganisational variation and heterogeneous police departments. Wilson

recognises the presence of internal limits regarding the supervisor’s capacity to direct,

monitor, and enforce rule compliance by lower-ranking personnel. Whilst acknowledging the

limits of bureaucratic control over discretionary behaviour, Wilson contends that police

officer decision-making is the function and result of departmental goals. Central to his
POLICE OFFICER DECISION-MAKING 34

argument is the concept of organisational ethos - constellations of organisational

characteristics that create collective values and attitudes held by the organisation’s members.

With these concepts in mind, Wilson (1968) proposed a typology of police officer types

inclusive of the service, watchman, and legalistic styles.

The service style is characterised by a professional orientation, wherein administrative

control is exerted through careful record keeping. The police officers display considerable

sensitivity to community values, particularly to those held by politically influential

community members. This community relations orientation is a pervasive feature in training

curricula, performance evaluations, and leadership selection. According to Wilson, the

service style of policing is often found in homogenous, middle-class communities where

there is typically a pre-existing agreement among citizens regarding the definition of public

order.

In contrast, the watchman style is characterised by the ubiquitous use of police

discretion. This type of organisation lacks professional orientation, exemplified by limited

levels in its personnel hierarchy. Record keeping practices are posited to be poor, often

incomplete, and at times non-existent. The police agency’s culture and norms are instilled

implicitly through the processes of recruitment and socialisation, maintaining a low profile

and avoiding controversy is axiomatic. Overall, watchman departments are described as

having flat bureaucratic structures, low budgets, little specialisations, and few rules.

Police officers based in legalistic style departments are said to be more likely to

intervene formally given high levels of professionalism and vigorous commitment to

enforcing the law. The commitment to the rule of law is accompanied and actualised by strict

guidelines and limits pertaining to the use of discretion. Legalistic departments are highly

complex, bureaucratic agencies that rely heavily on central administrative authority and

extensive rules. The supervisors demand high arrest and ticketing rates, not only to adhere to
POLICE OFFICER DECISION-MAKING 35

principles of law and justice but to reduce public suspicion of corruption and shield against

criticism.

Wilson’s conceptualisation of the police structure is an eminent schema within the

policing literature, routinely referred to as the classic and preeminent theory of organisational

effects on police behaviour (Walker & Katz, 2008). In light of its acclaim and longstanding

praise, comparatively little research has been conducted to assess the theory’s contentions

(see Table 1).

Since the publication of Wilson's seminal work, several U.S. scholars have attempted

to consolidate his findings4. First, Smith and Klein (1983) examined the effects of various

organisational properties on arrest decisions, including levels of bureaucratisation and

professionalisation. The analysis indicated that the degree of bureaucratisation directly

influenced the probability of arrest, such that arrest rates were greater in bureaucratised than

professionalised departments. Similarly, Crank (1990; 1992) identified that the city-manager

type of municipal governance (appointed-mayor/bureaucratised) was associated with greater

police legalism for certain categories of crime when compared to mayor council governments

(elected-mayor/professionalised). However, failure to differentiate the two styles of local

government structure as done by Wilson significantly reduced the generalisability of these

findings (Zhao & Hassell, 2005).

The majority of the research has identified the presence of a high level of variation

within police departments (see Table 1), claiming that “city options tend to be congruent with

a particular political culture, but do not appear constrained to be so” (Langworthy, 1985, p.

98). This finding has been echoed by a collection of more recent U.S. studies (Chappell,

MacDonald & Manz, 2006; Hassell et al., 2003; Liederbach & Travis, 2008; Zhao, He, &

4
Studies investigating the impact of scale of patrol (i.e., number of officers serving a particular neighbourhood)
were excluded given their focus on the effect of organisational size rather than organisational culture and
context.
POLICE OFFICER DECISION-MAKING 36

Lovrich, 2006; Zhao, Ren, & Lovrich, 2010) which failed to provide support for Wilson’s

contention. Little support for a relationship between local political culture and police

practices has led scholars to speculate as to the effect of major police reform, increase in

crime rates, and the expanding influence of the federal government on the applicability of

Wilson’s findings to modern policing. As Chappell et al. (2006) indicated, "real police

agencies do not fall squarely within only one of Wilson's typologies … most police

departments exhibit a cross-section of characteristics" (p. 303).

Despite the lack of evidence in support of Wilson’s typology, numerous researchers

have cautioned against dismissing his theory. Some emphasise methodological departures

from Wilson as warranting a hesitance to move towards falsification. Others posit that the

changes evident in contemporary police structure and its organisational nature have made

replication of the original test impossible. These policing scholars suggest that the lack of

support for Wilson’s typology attests to the fact that times have changed and that the police

organisation no longer holds direct ties to the political landscape. The relevance of Wilson’s

typology to the Australian context remains untested as does the relationship between the

police and the political sphere.


POLICE OFFICER DECISION-MAKING 37

Table 1. Review of studies investigating Wilson’s typology.

Author/s Year Country Methodology Sample Comments Study Quality

Chappell, A. T., 2006 US Secondary Data Analysis: 1997 182 municipal police The application of community- Medium
MacDonald, J. Law Enforcement Management agencies. oriented (β = .06; p > .05) and
M., & Manz, P. and Administrative Statistics; problem-oriented policing (β = .09; p
W. 1997 FBI Uniform Crime > .05) strategies, the ratio of field to
Reports. administrative personnel (β = - .05; p
> .05), and the presence of a police
union (β = .09; p > .05) were not
significantly related to arrest –
contrary to Wilson’s contention.

Crank, J. P. 1990 US Survey: questionnaire measuring 8 municipal police Rejection of craftsmanship and Medium
craftsmanship and agencies; 205 police widespread adherence to the values
professionalism. officers. of professionalism identified -
contrary to Wilson’s contention.

Crank, J. P. 1992 US Secondary Data Analysis: 1986 392 municipal police Commission type municipal Medium
FBI arrest statistics; Illinois agencies. governments did not differ
Crime Reports; Illinois State significantly in legalistic behaviour
Police Index Offenses; 1986 from other types of municipal
Municipal Yearbook; 1980 US governments. City Manager
Census of General Population governments displayed more
Characteristics. legalistic behaviour than Mayor
Council governments for aggravated
assault (β = .10; p < .05), burglary (β
= .14; p < .05), and theft (β = .10; p <
.05) - consistent with Wilson’s
contention.

Hassell, K. D., 2003 US Mixed Methods: questionnaire 401 police agencies. Professionalism not a significant Medium
Zhao, J., & addressing organisational predictor of the extent of rules and
Maguire, E. R structure; 1997 Law Enforcement policies present in a police
Management and Administrative department (β = -0.11; p > .05),
POLICE OFFICER DECISION-MAKING 38

Statistics; 1992 Census of specialised police functions (β = .04,


Government. p > .05), senior management
authority (β = - .09, p > .05) or
supervisor authority (β = .13, p >
.05). Professional government
significantly related to rank structure
(β = -.18, p < .05) in the opposite
direction than hypothesised –
contrary to Wilson’s contention.

Langworthy, R. 1985 US Secondary Data Analysis: 1975 152 police agencies. High degree of variability and Medium
H. FBI arrest statistics; 1975 Bureau overlap between governmental
of Census population estimates; classes. Wilson’s constraint theory is
1976 Municipal Yearbook. better understood as a theory of
tendency.

Liederbach, J., 2008 US Observational: 14-month 20 police agencies; 213 Type of election (X2 (2, N = 20) = Medium
& Travis L. F. systematic social observation of police officers; 583 .95, p = .62), type of government (X2
213 police officers over 4,813 observations. (2, N = 17) = .23, p = .89), and local
hours in South-western Ohio political culture (X2 (4, N = 16) =
during 1999 and 2000. 3.59, p = .46, were not significantly
associated with police style
(legalistic, service, watchman).
Population (X2 (2, N = 20) = 8.80, p
= .01) and median household income
(X2 (2, N = 20) = 6.80, p = .03) were
significantly associated with police
style, with less wealthy communities
more likely to exhibit a watchman
style – contrary to Wilson’s
contention.

Smith, D. A., & 1983 US Secondary Data Analysis: ‘Police 950 police-suspect Probability of arrest more likely in Medium
Klein, J. R. Services Study’ database encounters. high bureaucratic departments (β =
comprising of 24 police agencies, .11, p < .05) and less likely in low
900 observed shifts and 5,688 bureaucratic departments (β = .06, p
observed police-suspect < .10) supporting Wilson’s
encounters in St. Louise, MO; contention that departmental styles
POLICE OFFICER DECISION-MAKING 39

Rochester, NY; Tampa and St. reflect differences in


Petersburg, FL during 1977. bureaucratization.

Zhao, J., & 2005 US Mixed Methods: questionnaire 304 police agencies. Professional government a significant Medium
Hassell, K. addressing organisational predictor of larceny arrest rates (β = -
structure and community policing .22, p < .05) and disorderly conduct
practices; 1992 Census of (β = -.18, p < .05) opposite the
Government; 1998 Uniform hypothesised direction. Professional
Crime Reports; 1990 US Census government not a significant
of Population; 1990 US Census of predictor of DWI (β = -.07, p > .05),
Population and Housing. and drunkenness (β = .00, p > .05)
arrest rates – contrary to Wilson’s
contention.

Zhao, J., He, 2006 US Mixed Methods: survey; 1993, 185 municipal police Professional government not a Medium
N., & Lovrich, 1996, and 2000 Uniform Crime agencies. significant predictor of larceny (β =
N. Reports; 1990 and 2000 US .49, p > .05), DWI (β = .51, p > .05),
Census of Population. drunkenness (β = 1.11, p > .05), and
disorderly conduct (β = .99, p > .05)
arrest rates – contrary to Wilson’s
contention.

Zhao, J., Ren, 2010 US Secondary Data Analysis: survey; 223 police agencies. No significant effect of local political Medium
L., & Lovrich, 1993, 1996, and 2000 Uniform culture on organisational structure in
N. Crime Reports; 1990 and 2000 terms of daytime patrol beats (β = -
US Census of Population. 8.02, p > .05) and special units (β = -
.36, p > .05).
POLICE OFFICER DECISION-MAKING 40

2.4.2 Pulling rank.

Prior to the accession of the community-oriented policing era, police supervisors

performed traditional roles of supervision: monitoring subordinate officers’ activities and

enforcing departmental rules and regulations (Manning, 1997; Van Maanen, 1983). This type

of supervision was somewhat akin to transactional leadership – the fundamental premise

being that of quid pro quo (Allen & Maxfield, 1983; Rubinstein, 1973). With the evolution of

public management within the public sector, a cultural shift also occurred in police

organisations. Transactional dynamics became incompatible with new and increasingly

complex system structures (e.g., community-oriented policing, problem-oriented policing),

leaving police supervisors facing challenges that demanded the development of contemporary

supervisory skills. This transition altered the definition of supervision, field supervisors

became coaches and mentors (Goldstein, 1990), resource providers (Dantzker, 1999),

performance evaluators (Peak, Glensor, & Gaines, 1999), disciplinarians, and strategic

planners. Through these assorted roles the first-line supervisor is assumed to have control

over the actions of subordinate officers.

One of the earliest examinations of this widely accepted notion was reported by Allen

(1982). Using observational data, Allen investigated the effect of supervision on officer

activities. The analysis indicated that the ratio of supervisors to officers had a moderate effect

on how long officers spent at encounters, such that greater time was spent at an encounter in

the presence of a supervisor. However, supervisor presence did not have an effect on the

number of tasks officers completed (officer output). Allen’s conclusion that supervisors may

not have a substantial effect on officer behaviour has been replicated elsewhere (e.g., Brown,

1988), suggesting that the solidarity of police work and the supervisor’s dependence on the

actions of subordinates may limit the scope of his or her influence.


POLICE OFFICER DECISION-MAKING 41

Researchers examining survey-based data have also reported little to no supervisory

influence on officer activities (Allen & Maxfield, 1983; Brown, 1988; Mastrofski, Ritti, &

Snipes, 1994; see Table 2). “The admitted reluctance of field supervisors to closely watch the

behaviour of patrolmen is corroborated by the perceptions of patrolmen”, giving rise to the

belief that “the routine actions of field supervisors have but a marginal impact on the way

they [police officers] use their discretion” (Brown, 1988, p. 121). Some differences relating

to size of department have been noted, indicating that supervisors working in smaller

departments may be more likely to observe police officer behaviour and intervene actively in

an incident (Brown, 1988).

Using the same data as Allen (1982), Smith (1984) classified police departments

based on their level of professionalism and bureaucratisation. The findings revealed that the

presence of a supervisor at an encounter significantly increased the probability of an arrest

only for militaristic5 and legalistic style police agencies. This effect was found to be

considerably smaller in fraternal6 agencies and non-significant within service style agencies.

Smith (1984) hypothesised that supervisors working within legalistic and militaristic

departments were more likely to utilise formal avenues of intervention, whilst those working

in service style agencies preferred to utilise informal resolution methods as a means of

upholding community-oriented policing principles. Further investigation into organisational

and supervisory styles has failed to replicate this association (Engel, 2000).

One notable study was that conducted by Brewer, Wilson, and Beck (1994) who

investigated supervisory effectiveness within an Australian police force. The findings

suggested that the provision of monitoring and feedback by supervisors increased effective

team performance (as rated across 12 efficiency dimensions). Monitoring via vetting

5
Smith (1984) defined militaristic police agencies as having a nonprofessional, bureaucratic style.
6
Smith (1984) defined fraternal police agencies as having a nonprofessional, nonbureaucratic style.
POLICE OFFICER DECISION-MAKING 42

crime/arrest reports and court briefs had no effect, whilst mentoring via collecting verbal

reports from subordinates regarding policing activities was associated with more effective

team performance. This association was shown to be particularly pronounced when

monitoring involved the provision of some form of encouragement and/or instructional

feedback. The authors concluded that supervisors who spent more time engaged in solitary

activities were unable to effect team performance as fewer interactions with subordinates

equated to fewer opportunities for monitoring and feedback.

The minimal effect that supervisors have over police officers has been proposed, at

least in part, to be the result of personal ties established and maintained within the team (Van

Maanen, 1983). Van Maanen hypothesised that the police supervisor has access to a number

of resources to control subordinate behaviour including: (i) personnel brokering through the

assignment of police officers to particular tasks, (ii) institutional display and documentation,

and (iii) the mobilisation of expressive and symbolic tasks that induce motivation. Evidently,

there is wide scope within the police culture for supervisory control to develop, however Van

Maanen (1983) contended this is a prerogative that needs to be earned by the supervisor and

is not necessarily inherent.

Overall, the effects of supervision have generally been found to vary considerably and

to be small in magnitude (see Table 2). It is difficult to comment on precisely how

supervisors impact on subordinate performance given that the effects of supervision have

been examined across different tasks and organisations with little investigation of how

supervisory practice may be shaped by subordinate responses. Also of note is the limited

research available within the Australian context, making it difficult to infer any conclusions

regarding the effect supervisors have on subordinate officers within Australian policing

practices.
POLICE OFFICER DECISION-MAKING 43

Table 2. Review of studies investigating the effect of supervision on police officer decision-making.

Author/s Year Country Methodology Sample Comments Study


Quality

Allen, D. N. 1982 US Secondary Data Analysis: ‘Police 833 supervisor-officer For each encounter with a supervisor Medium
Services Study’ database contacts. present approximately 45 minutes
comprising of 24 police agencies, more was spent at the encounter.
900 observed shifts and 5,688 Each supervisor/officer contact
observed police-suspect during the shift increased encounter
encounters in St. Louise, MO; time by approximately 2 minutes.
Rochester, NY; Tampa and St. Every additional appearance of a
Petersburg, FL during 1977. supervisor at an encounter scene
related to 23% fewer encounters
initiated by the patrol officer.

Brewer, N., 1994 Australia Mixed Methods: supervisory 20 police supervisors. Supervisors of higher-ranked teams Medium
Wilson, C., & effectiveness measured via spent significantly more time
Beck, K. superior officer’s ratings of the monitoring performance (r(18) = .40,
performance of each patrol p <.05)7; collecting verbal reports on
Sergeant’s team; Operant patrol activities (r(18) = .47, p <.05);
Supervisory Taxonomy and Index providing neutral feedback (r(18) =
used to observe and measure .51, p <.05); and doing paperwork
supervisor behaviour. (r(18) = .48, p <.05).

Brown, M. K. 1988 US Mixed Methods: observation of 198 patrolmen and 57 36% of patrolmen reported that their Medium
police-suspect encounters in Los field supervisors. behaviour was ‘often’ or ‘very often’
Angeles, Redondo Beach and observed by a supervisor; 11%
Inglewood conducted during 1972 reported that supervisors ‘often’ or
and 1973; survey administered to ‘very often’ intervened in an
policemen working in Los incident. 74% of patrolmen reported
Angeles Police Department, that they were allowed ‘more than
Inglewood Police Department and enough’ discretion; 22% reported
POLICE OFFICER DECISION-MAKING 44

Redondo Beach Police that supervisors did not let them


Department. make their own decisions.

Engel, R. S. 2000 US Secondary Data Analysis: ‘Project 239 police officers; 81 Odds of using force on a suspect Medium
on Policing Neighborhoods’ supervisors; 1,487 non- increased by 2.06 when the officer
database comprising of 7,443 traffic-related suspects; had an ‘active’8 supervisor (for non-
observed police-suspect 581 traffic suspects. traffic-related offences). No
encounters in Indianapolis and St. significant effect of supervisory style
Petersburg, FL conducted during on arrest of non-traffic-related
1996 and 1997. suspects or the use of force or arrest
of traffic-related suspects.

Mastrofski, S., 1994 US Mixed Methods: survey 19 police agencies; 954 Supervisor’s DUI priority was not a Medium
Ritti, R., & administered between November surveys. Sample for significant predictor of arrest (β = -
Snipes, J. 1989 and July 1990; in-depth interviews not specified. .07, p = .12). Opportunity and
interviews conducted with capability accounted for 17% of the
administrators, supervisors, police variance in arrest residuals.
officers, court officials,
representatives of citizen groups,
and the press.

Smith, D. A. 1984 US Secondary Data Analysis: ‘Police 1,139 police-suspect Presence of supervisor significantly Medium
Services Study’ database encounters. increased probability of arrest (t =
comprising of 24 police agencies, 5.13) for certain police agencies. In
900 observed shifts and 5,688 militaristic and legalistic style police
observed police-suspect agencies arrest more likely to occur
encounters in St. Louise, MO; in presence of supervisor (t = 4.27; t
Rochester, NY; Tampa and St. = 4.09 respectively), in fraternal and
Petersburg, FL during 1977. service style police agencies presence
of supervisor had no significant
effect on the probability of arrest (t =
2.15; t = 1.30 respectively).

7
This examination utilised a one-tailed test of significance, allowing for a rejection of the null hypothesis with a less extreme result than that required by a two-tailed test. Authors did not justify the decisions to use a
one-tailed test with this particular category; all other behavioural categories and subcategories were tested with a two-tailed test of significance.
8
Active supervisors were defined as those engaged in high levels of patrol and supervisory functions in the field.
POLICE OFFICER DECISION-MAKING 45

Smith, D. A., & 1984 US Secondary Data Analysis:’ Police 333 interpersonal Probability of arrest more likely in Medium
Klein, J. R. Services Study’ database disputes. the presence of a supervisor (β = .21,
comprising of 24 police agencies, p < .05); percentage of arrest when
900 observed shifts and 5,688 supervisor present and observing was
observed police-suspect 22.7; when supervisor participated as
encounters in St. Louise, MO; an equal 16.2% of suspects were
Rochester, NY; Tampa and St. arrested; when supervisor took
Petersburg, FL during 1977. charge 52.4% of suspects were
arrested.

Van Maanen, J. 1983 US Qualitative: analysis of Unspecified. Sergeants utilised personnel Medium
observational data of an brokering, institutional display and
unspecified number of police documentation and mobilisation of
officers in a de-identified district9. effort to control the behaviour of
patrolmen.

9
Did not specify sample data. The exclusion of location pertained to the de-identification of the interviewed officers. Study included in this review as qualitative analysis revealed a number of key themes.
POLICE OFFICER DECISION-MAKING 46

2.4.3 Does size matter?

The desire to consolidate small police stations first arose in the U.S. during the 1930s,

and then again in the 1960s and 1970s (Altshuler, 1970; Walker, 1977). Government

reformers who advocated for the merging of small police stations argued that it would result

in improved police professionalism, productivity, and service quality due to its cost-

efficiency and the employment of highly trained professionals (Walker, 1977). Conversely,

the community-oriented policing movement warned of the local issues that may arise from

the consolidation process - “consolidating police services would decrease or eliminate the

close contact that exists between the police and the community. Authority of local police

officers would be lessened and they would lose their effectiveness” (Horgan, 1980, p. 2).

Propositions to merge police stations seldom come to fruition, primarily due to the fear of a

loss of community identity and autonomy (Falcone, Wells, & Weisheit, 2002). Whilst small-

scale consolidations have taken place, these have been of an insufficient proportion to

encapsulate the reality of the challenges and changes that may transpire. Consequently,

research in this area has relied heavily on cross-sectional comparisons of variously sized

stations.

The seminal work undertaken by Ostrom and colleagues commended small police

stations, finding that small- and medium-sized U.S. police stations performed more

effectively than their larger counterparts (Ostrom & Parks, 1973; Ostrom, Baugh, Guarasci,

Parks, & Whitaker, 1973; Ostrom & Whitaker, 1974). Later work corroborated Ostrom’s

contentions, indicating that small police stations provided the community with greater

accessibility and interpersonal familiarity (Crank & Wells, 1991; Schafer, Burruss, & Giblin,

2009; see Table 3) and outperformed their larger counterparts in clearance rates for various

major offences (Cordner, 1989). Paradoxically, some researchers found higher arrest rates

within larger police stations (Brown, 1988; Mastrofski, 1981). Significant debate ensued
POLICE OFFICER DECISION-MAKING 47

regarding whether this was a reflection of station size or the type of crime that was being

patrolled. This has since been substantiated by the finding that smaller stations demonstrate

higher arrest rates for breaches of peace and drunk driving offence whilst larger stations show

higher arrest rates for theft-related offences (Langworthy, 1983; Mastrofski, Ritti, &

Hoffmaster, 1987).

Many of the above reviewed sources referred to ‘large’, ‘medium’ and ‘small’ police

stations. However, upon closer inspection it was noted that the parameters of these categories

were often arbitrarily defined (Sims, 1988). The specific number of sworn personnel required

to classify a station as large, medium or small varied widely across studies and limited the

generalisability of the findings. Nevertheless, there is an overall indication that stations of

varying size enforce particular laws with greater activity than others, indicating that the effect

of size may be more a result of the offence being considered. This is in relation to the U.S.

context and to the researcher’s knowledge no attempt has yet been made to investigate the

practices of small-, medium- and large-sized police stations in Australia. This is particularly

surprising given the vast differences in station size across urban and rural Australia.
POLICE OFFICER DECISION-MAKING 48

Table 3. Review of studies investigating the effects of police station size on police officer decision-making.

Author/s Year Country Methodology Sample Comments Study


Quality

Brown, M. K. 1988 US Mixed Methods: observation of 198 patrolmen and 57 Rates of homicide, forcible rape, Medium
police-suspect encounters in field supervisors. burglary and grand theft were higher
Los Angeles, Redondo Beach in large police departments than in
and Inglewood conducted small police departments. Rates of
during 1972 and 1973; survey armed robbery were higher in small
administered to policemen departments than in large police
working in Los Angeles Police departments.
Department, Inglewood Police
Department and Redondo
Beach Police Department.

Cordner, G. W. 1989 US Secondary Data Analysis: 84 police agencies. Region accounted for almost all of Medium
Uniform Crime Reports 1985; the explained variance in clearance
Maryland State Police database rates ( = .54, t(84) = 5.33, p < .01);
(clearance rates). with clearance rates in metropolitan
areas being substantially lower (18%-
23%) than in nonmetropolitan areas
(29%-30%).

Crank, J. P., & 1991 US Secondary Data Analysis: 399 police agencies. Size of department associated with Medium
Wells, E. I. Illinois Crime Reports 1986; significant changes in supervisory
Illinois Local Governmental ratio ( = .01, p < .001) and
Law Enforcement Officers’ organisational height10 (β = .01, p <
Training Board 1985. .001); increases in organisational size
found to contribute to height among
small – (β = .12, p < .001) and
medium-sized (β = .03, p < .001)
agencies; increases in organisational
size found to contribute to
supervisory ratio in small- (β = .07,

10
Height defined as the number of ranks in the organisation.
POLICE OFFICER DECISION-MAKING 49

p < .001) and medium-sized (β = .06,


p < .001) agencies.

Langworthy, R. 1983 US Secondary Data Analysis: data 69 municipal police Agencies with more than 151 sworn Medium
H. presented by Ostrom, Parks, agencies. officers devoted the same proportion
and Whitaker; Kansas City, of officers to patrol as those agencies
Missouri Police Department with 21-50 sworn officers; an
administrative survey. increase in size of agency associated
with lower citizen to police officer
ratio (β = -.26, p < .05).

Mastrofski, S. 1981 US Secondary Data Analysis: 42 neighbourhoods. An increase of 10,000 in PAA11 Medium
D. ‘Police Services Study’ population decreased officer
database comprising of 24 familiarity with citizens (β = -.67, p <
police agencies, 900 observed .05); a reduction of 10,000 in PAA
shifts and 5,688 observed size increased the chances of a victim
police-suspect encounters in St. being comforted by 1% and increased
Louise, MO; Rochester, NY; the probability of arrest (β = .06, p <
Tampa and St. Petersburg, FL .05). Dramatic changes in the scale of
during 1977. patrol are required to produce modest
changes in behaviour. The
enlargement or reduction of scale
must be in units of 100,000 not
10,000.

Mastrofski, S. 1987 US Mixed Methods: questionnaire 71 police officers. Willingness to make DUI arrests Medium.
D., Ritti, R. R., addressing personal decreased as department size
& Hoffmaster, characteristics and attitudes; increased (β = -.38, p = .02).
D. participant observation of
officers on patrol; in-depth
interviews; collateral.

Schafer, J. A., 2009 US Secondary Data Analysis: 196 police agencies. Limited differences between agencies Medium
Burruss, G. W., Illinois Homeland Security located in metropolitan areas, urban
Giblin, M. J. Survey; Crime in Illinois 2006. county, and rural county.

11
The scale of police patrol in a study neighbourhood is indicated by the population of the primary assignment area (PAA) of officers serving that neighbourhood .
POLICE OFFICER DECISION-MAKING 50

2.5 Offender Characteristics

Social scientists have often assumed the existence of a gap between how the law

operates in theory opposed to reality, accordingly concentrating their efforts on discovering

discriminatory practices by those who administer it (e.g., Hagan & Nagel, 1982). Legal

realists recognise the presence of the gap but conceptualise it disparately. The gap is

presumed to be structural - a consequence of the inability of the general rules of law to dictate

specific outcomes without the use of discretion. Legal realists ask whether discretion operates

in discriminatory ways, and if so, to what extent do decision-makers violate the principles of

equality before the law? A large body of international literature has sought to resolve this

predicament by exploring officer decision-making during police-suspect encounters.

Early research in the field provided ethnographic descriptions of police work,

succeeded by more quantitative analyses designed to investigate the influence of extra-legal

factors12. Extending from the knowledge that officers utilise their discretion, researchers

expressed doubt in the assumption that police officer judgment and decision-making is

founded entirely upon legal considerations (i.e., evidence of guilt). Consequently, interest in

the influence of extra-legal factors perpetually expanded, growing to encompass suspect race,

ethnicity, demeanour, mental health and a depository of other characteristics. Although extra-

legal variables were found to explain a relatively small portion of the variance in the

behaviour of police officers, the controversy lay in the legality of arrest when such variables

constituted grounds for arrest. Four decades on and the debate remains. Some claim that “the

influence of race and other extra-legal factors is diminishing” amidst contemporary

12
One challenge in reviewing the literature of extra-legal influences on arrest is the absence of any uniform
definition of what constitutes an extra-legal factor. To some extent, this is the result of the extensive variability
across jurisdictions in designating formal legal factors. What we can specify is what it does not encapsulate. The
term “extra-legal” is not used synonymously with “illegal” or “inappropriate”, rather it refers to that which is
not specifically prescribed in the relevant statutory law. Traditionally studied extra-legal factors include
offender race and ethnicity, with other characteristics being considered in more recent times.
POLICE OFFICER DECISION-MAKING 51

community-oriented policing practice (Engel, Calnon, & Bernard, 2002, p. 252). Others

maintain that extra-legal factors continue to effect police actions (Lundman, 2004).

2.5.1 Race and the police.

The discretionary nature of police work has created widespread concern regarding

whether the law is applied fairly and impartially by the gatekeepers of the criminal justice

system. The question of whether police officers target persons on the basis of race is

increasingly being debated by policing officials, civil rights groups, and laypersons - most of

whom proclaim that improper or prejudiced race-based decision-making continues to plague

policing practice. The fundamental contention holds that police officers target non-White

persons when conducting traffic stops or field interrogations due to the activation of negative

stereotypes - stereotypes comprising of characteristics such as aggressiveness, violence, and

criminality (e.g., Brigham, 1973; Devine & Elliot, 1995).

The pertinent nature of this issue is exemplified by the diverse legislation enacted to

endorse compliance with the duty of strict enforcement. For example, in February of 2013

Victoria Police announced that it would examine its policies and practices amidst claims of

racial discrimination and profiling. In the 2014 report entitled Equality is not the same…, the

organisation committed to developing and implementing education reform to target

“unconscious bias, immersion, human rights, cultural awareness, and enhanced

communication training” (Victoria Police, 2014b, p. 12). Evidently, attempts to regulate

police discretion are ubiquitous. However, scholars and practitioners continue to attest to its

existence and inevitable exercise.

International studies (particularly those conducted in the U.S.) examining the effect of

race on the probability of arrest have identified disparities in the treatment of Black and

White suspects, to the disadvantage of the former (Alpert et al., 2007; Brown & Frank, 2005;
POLICE OFFICER DECISION-MAKING 52

Crawford, 2000; Novak & Engel, 2005; Novak et al., 2002; Visher, 1983; Withrow, 2004;

see Table 4). Taking into account offender deference, seriousness of injuries sustained by the

victim (Smith & Visher, 1981), offender’s history of violence (Bachman & Coker, 1995), and

interaction-phase crime (Brown & Frank, 2005) failed to ameliorate the race effect in some

instances (Lundman, 1998; Smith, Visher, & Davidson, 1984). Indeed, this compilation of

literature suggests that Black suspects are arrested more frequently under circumstances that

do not constitute sufficient grounds for prosecution (Gelman, Fagan, & Kiss, 2005; Smith &

Petrocelli 2001), a finding supported by Kochel, Wilson, and Mastrofski’s (2011) recent

meta-analysis of the effect of suspect race on officers’ arrest decisions.

More sophisticated analyses (Mastrofski, Worden, & Snipes, 1995; Smith & Visher,

1981) have attributed this discrepancy to other legal and extra-legal factors including: Black

complainants lobbying more frequently for formal police action (Smith, 1987), Black

suspects presenting more prominently with a disrespectful demeanour, and various legal

factors (e.g., Engel, 2000). Null findings are commonly yielded across time, research sites,

and data collection methods (Berk & Loseke, 1980; Engel & Silver, 2001; Klinger, 1996;

Mastrofksi et al., 1995; Petrocelli, Piquero, & Smith, 2003; Smith, 1984; Smith & Klein,

1984; Worden & Pollitz, 1984), with most reporting no significant association between

suspect race and the probability of arrest. Adding further to the established ambiguity is the

frequent identification of an inverse effect (D’Alessio & Stolzenberg, 2003; Smith, 1987),

wherein White suspects (vs. Black suspects) were found to be more likely to be arrested for

various offence categories.

The existing international research on racial bias in arrest rates has failed to clarify the

race/arrest relationship. Some of the literature suggests that the association between race and

arrest is a spurious one and that taking into effect differing levels of antagonism or

seriousness of the offence eliminates the association. Others, however, have yielded evidence
POLICE OFFICER DECISION-MAKING 53

to the contrary (e.g., Gelman et al., 2005; Kochel et al., 2011). Given vast differences in how

variables are measured and what legal and extra-legal factors are taken into consideration has

meant that discerning the relationship between race and arrest has been, and continues to be,

a problematic one. While previous U.S.-based studies are informative, the extent of the

generalisability of findings to Australia is not yet.


POLICE OFFICER DECISION-MAKING 54

Table 4. Review of studies investigating the effect of suspect race on police officer decision-making.

Author/s Year Country Methodology Sample Comments Study


Quality

Alpert, G. P., 2007 US Systematic Observation: 8 police districts; 400 2% of White and Hispanic suspects Medium
Dunham, R. G., observations of traffic and hours of observation. were arrested after a traffic stop
& Smith, M. R. violator patterns at selected compared to 3.7% of Black suspects.
intersections; demographic data
collected from the US Census
Bureau, 2000.

Bachman, R., & 1995 US Secondary Data Analysis: 1,535 intimate, male Black men who victimised Black Medium
Coker, A. L. National Crime Victimization perpetrated violence women were 1.94 times more likely
Survey 1987-1992. incidents. to be arrested than White men who
victimised White women when
controlling for victim injury,
offender’s history of violence, and
marital status.

Berk, S. F., & 1980 US Secondary Data Analysis: 405 incident reports. Race did not have a significant effect Medium
Loseke, D. R. domestic disturbance incidents on the probability of arrest (β = .02, p
provided through a special unit of > .05).
the District Attorney’s office of
Santa Barbara County. 730
incident reports were gathered
during 1978 and 1979.

Brown, R. A., 2005 US Secondary Data Analysis: 617 police-suspect Black (vs. White) suspects 14.7 times Medium
& Frank, J. ‘Cincinnati Police Department encounters. more likely to be arrested rather than
Community Policing Study’ cited in traffic encounters when
database comprising of 2,671 controlling for interaction-phase
observed police-suspect crime. Race exhibited no significant
encounters in Cincinnati during effect on arrest in the non-traffic
1997 and 1998. sample (odds ratio = 0.58, p > .05).
POLICE OFFICER DECISION-MAKING 55

Crawford, C. 2000 US Secondary Data Analysis: 586 official reports that Black suspects comprised 88% of Medium
incident data of official responses resulted in action. those arrested for noise complaints
to excessive noise ordinance taking place in a vehicle.
violations in Midwest City during
1998 and 1999.

D’Alessio, S. J., 2003 US Secondary Data Analysis: 9,551 cases of forcible White suspects were 22% more likely Medium
& Stolzenberg, ‘National Incident-Based rape; 12,315 cases of to be arrested for robbery, 13 % more
L. Reporting System’ database robbery; 60,249 cases of likely to be arrested for aggravated
comprising of 2,852 reporting aggravated assault; assault, and 9% more likely to be
jurisdictions in 17 states during 253,504 cases of simple arrested for simple assault when
1999. assault. controlling for offence
characteristics, offender
characteristics and victim
characteristics. No differences
identified for cases of forcible rape.

Engel, R. S. 2000 US Secondary Data Analysis: ‘Project 239 police officers; 81 Race did not have a significant effect
on Policing Neighborhoods’ supervisors; 1,487 non- on the probability of arrest for either
database comprising of 7,443 traffic-related suspects; non-traffic (β = -.21, p > .05) or
observed police-suspect 581 traffic suspects. traffic (β = -.21, p > .05) suspects.
encounters in Indianapolis and St.
Petersburg, FL conducted during
1996 and 1997.

Engel, R. S., & 2001 US Secondary Data Analysis: ‘Project 1,289 misdemeanour Race did not have a significant effect
Silver, E. on Policing Neighborhoods’ offences; 1,578 on the probability of arrest for either
(POPN) dataset comprising of misdemeanour offences. the POPN (β = -.29, p > .05) or PSS
1,849 observed police-suspect (β = -.33, p > .05) datasets.
encounters in Indianapolis and St.
Petersburg during 1996-1997;
Police Services Study (PSS)
database comprising of 24 police
agencies, 900 observed shifts and
5,688 observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.
POLICE OFFICER DECISION-MAKING 56

Gelman, A., 2005 US Secondary Data Analysis: New 15, 869 records. One in 7.9 White suspects stopped Medium
Fagan, J., & York Police Department police were arrested compared to 1 in 9.5
Kiss, A. records on stops during 1998 and Black suspects.
1999.

Klinger, D. A. 1996 US Secondary Data Analysis: ‘Metro 245 disputes. Race did not have a significant effect Medium
Dade Police Department Dispute on the probability of arrest (β = -.08,
Study’ database comprising of p > .05).
245 observed disputes in Metro
Dade County during 1985 and
1986.

Kochel, T. R., 2011 US Meta-analysis. 27 independent data sets. Minority suspects 30% more likely to Medium
Wilson, D. B., be arrested that White suspects.
& Mastrofski,
S. D.13

Lundman, R. J. 1998 US Systematic Observation: for 15 100 police-suspect Black drunk drivers were 18% more Medium
months starting in June 1970, encounters. likely to be arrested than their White
seven observers accompanied and Native American counterparts.
police officers in Midwest City
for a total of 365 eight-hour shifts
involving 2,000 police-suspect
encounters.

Mastrofski, S. 1995 US Systematic Observation: 120 officers; 1,300 Race did not have a significant effect Medium
D., Worden, R. researchers accompanied officers observation hours. on the probability of arrest (odds
E., & Snipes, J. on patrol beats, taking brief notes ratio = .58, p > .05).
B. on officer activities and
encounters.

Novak, K. J., & 2005 US Secondary Data Analysis: 617 police-suspect Non-White suspects were 0.85 times Medium
Engel, R. S. ‘Cincinnati Police Department encounters. more likely to be arrested than their
Community Policing Study’ White counterparts.
database comprising of 2,671
observed police-suspect

13
Despite the strength of the analytic method used in this study, some concern regarding its sample must be noted. The authors utilised a high percentage of unpublished doctoral theses in their estimation of effect.
This produces a number of concerns, including limited exposure to the peer-review process and restricted access to the original work.
POLICE OFFICER DECISION-MAKING 57

encounters in Cincinnati during


1997 and 1998.

Novak, K. J., 2002 US Secondary Data Analysis: 334 police-suspect Being of a minority race increased Medium
Frank, J., ‘Cincinnati Police Department encounters. the likelihood of arrest by a factor of
Smith, B. W., & Community Policing Study’ 3.08 for beat officer encounters but
Engel, R. S. dataset comprising of 2,671 only by a factor of 1.37 for
observed police-suspect community-oriented policing
encounters in Cincinnati during officers.
1997 and 1998.

Petrocelli, M., 2003 US Secondary Data Analysis: traffic 4,782 traffic stops. Black suspects searched at a higher Medium
Piquero, A. R., stop data collected by the rate (β = .57, p < .05), however
& Smith, M. R. Richmond Police Department arrested less frequently (β = -.44, p <
from January to March 2000. .01) than their White counterparts.

Smith, D. A. 1984 US Secondary Data Analysis: ‘Police 1,139 police-suspect Race did not have a significant effect Medium
Services Study’ database encounters. on the probability of arrest (t = 1.47).
comprising of 24 police agencies,
900 observed shifts and 5,688
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Smith, D. A. 1987 US Secondary Data Analysis: ‘Police 102 police-suspect Race of the disputing dyad Medium
Services Study’ database encounters. influenced how police handled the
comprising of 24 police agencies, encounter. In violent encounters
900 observed shifts and 5,688 among Non-whites the probability of
observed police-suspect arrest was .16, the estimated
encounters in St. Louise, MO; probability of arrest for encounters
Rochester, NY; Tampa and St. involving Whites was .59.
Petersburg, FL during 1977.

Smith, D. A., & 1984 US Secondary Data Analysis: ‘Police 333 interpersonal Race did not have a significant effect Medium
Klein, J. R. Services Study’ database disputes. on the probability of arrest (t = .17).
comprising of 24 police agencies,
900 observed shifts and 5,688
POLICE OFFICER DECISION-MAKING 58

observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Smith, D. A., & 1981 US Secondary Data Analysis: ‘Police 742 police-suspect Black suspects were more likely to Medium
Visher, C. A Services Study’ database encounters. be arrested even when controlling for
comprising of 24 police agencies, the effects of suspect demeanour and
900 observed shifts and 5,688 various suspect characteristics (z =
observed police-suspect 2.23).
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Smith, D. A., 1984 US Secondary Data Analysis: ‘Police 611 police-suspect Race found to be a significant Medium
Visher, C. A., Services Study’ database encounters. determinant of arrest when other
& Davidson, L. comprising of 24 police agencies, aspects of the encounter were
A. 900 observed shifts and 5,688 controlled for (t = 2.03). This race
observed police-suspect effect was eliminated in encounters
encounters in St. Louise, MO; involving both suspects and victims
Rochester, NY; Tampa and St. (t = 1.20).
Petersburg, FL during 1977.

Smith, M. R., & 2001 US Secondary Data Analysis; utilised 4,782 traffic stops. The ratio of stops to arrests was Medium
Petrocelli, M. traffic stop data collected by higher among minorities than it was
Richmond Police Department for Whites. Police stopped 1.8
from January 2000 to March minorities for every ticket issued or
2000. Officer vehicles were arrest made compared with 1.5
equipped with mobile data Whites.
computers that required the
officer to enter preselected
information on the suspect and the
stop; US bureau of the Census,
1990 for overall population
figures.
POLICE OFFICER DECISION-MAKING 59

Visher, C. A. 1983 US Secondary Data Analysis: ‘Police 785 police-suspect Black male (t = 1.65) and Black Medium
Services Study’ database encounters. female (t = 2.09) suspects were more
comprising of 24 police agencies, likely to be arrested than their White
900 observed shifts and 5,688 counterparts.
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Withrow, B. L. 2004 US Secondary Data Analysis: Wichita 37,454 police-suspect Black and Hispanic suspects were Medium
police department database encounters. 1.84 and 1.28 (respectively) times
comprising of 37,454 police- more likely to be arrested during a
citizen encounters in Witchita police stop compared to their White
during 2001; participating police counterparts.
officers collected data following
every police/citizen contact of an
official nature; US bureau of the
Census, 2001 for overall
population figures.

Worden, R. E., 1984 US Secondary Data Analysis: ‘Police 167 police-suspect Race had no effect on arrest Medium
& Pollitz, A. A. Services Study’ database encounters. decisions in a sample of domestic
comprising of 24 police agencies, disturbance incidents.
900 observed shifts and 5,688
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.
POLICE OFFICER DECISION-MAKING 60

2.5.2 Demeanour or crime?

The widely held assumption that hostile suspects are more likely to be arrested than

their deferential counterparts arose from early qualitative research (Westley, 1970) and

subsequent quantitative analyses of observational data. Between 1980 and 1987 an array of

studies reported that the likelihood of arrest increased as the level of deference displayed by

suspects’ decreased (Black, 1980; Smith, 1984, 1987; Smith & Klein, 1983, 1984; Smith &

Visher, 1981; Smith, Visher, & Davidson, 1984; Visher, 1983; Worden & Pollitz, 1984). The

magnitude of the estimated effect was substantial, leading suspect antagonistic behaviour to

be conceptualised as an indicator of the need for formal means of control (i.e., arrest).

Strong objection for this proposition came from Klinger (1994) who contended that

the cited research failed to sufficiently control for crime and erred in the measurement of

demeanour. The author yielded statistical support for his criticism, finding that the effect of

disrespectful demeanour on officer decision-making was small in magnitude and statistically

insignificant. The majority of subsequent analyses, however, continued to demonstrate

significant findings regarding the influence of demeanour on arrest (Brown & Frank, 2005;

Crawford, 2000; Engel & Silver, 2001; Engel, Sobol, & Worden, 2000; Lundman, 1994,

1998; Mastrofski et al., 1995; Novak & Engel, 2005; Novak et al., 2002; Swatt, 2002;

Worden & Shepard, 1996; see Table 5), with some noted exceptions (Mastrofski, Snipes, &

Parks, 2000; Terrill & Mastrofski, 2002).

In their reanalysis of the Police Services Study (PSS) database, Worden and Shepard

(1996) failed to find any evidence to suggest that previous findings were biased, either by the

operationalisation of demeanour or by the failure to control more adequately for pre-

intervention and interaction-phase crime. In Klinger’s (1996) own reanalysis of his 1994

investigation a threshold effect was identified. Whilst three demeanour measures did not

exert a significant effect on the likelihood of arrest a measure of extreme hostility bore a
POLICE OFFICER DECISION-MAKING 61

significant association. This was later corroborated by Engel et al., (2000) who found that the

effect of demeanour was contingent on its severity.

The demeanour literature is plagued by the operationalisation and measurement of the

term. Some have considered demeanour to be anything that may be interpreted negatively by

a police officer, others have defined it as a failure to display deference yet others have

distinguished between verbal acts of disrespect and physical acts of resistance. These various

behaviours are often assumed to be manifestations of the same concept and so it is difficult to

know precisely what is being captured in the resulting measures. With these limitations in

mind, the above reviewed U.S. literature suggests that suspect demeanour and non-compliant

or resistant behaviour contribute to the eventual decision to arrest. Even when a number of

other factors and interaction effects are taken into account, demeanour continues to exert an

effect on police officer decision-making. Notably this is a generalisation that can only be

applied to the U.S. - the relevance of suspect demeanour to the Australian policing context

remains untested.
POLICE OFFICER DECISION-MAKING 62

Table 5. Review of studies investigating the effect of suspect demeanour on police officer decision-making.

Author/s Year Country Methodology Sample Comments Study


Quality

Black 1980 US Systematic Observation: 554 police-suspect Antagonistic behaviours increased Medium
observation of police officers in encounters. the probability of arrest by 78% in
Boston, Chicago and Washington citizen-initiated encounters and by
D.C. conducted in 1966. 62% in police-initiated encounters.

Brown, R. A., 2005 US Secondary Data Analysis: 617 police-suspect Disrespectful demeanour did not Medium
& Frank, J. ‘Cincinnati Police Department encounters. significantly increase the likelihood
Community Policing Study’ of arrest for either non-traffic (odds
dataset utilising systematic social ratio = 4.20, p > .05) or traffic-related
observation to compare activities offences (odds ratios = 0.34, p > .05).
of community policing officers
and officers assigned to
traditional police duties during
1997 and 1998.

Crawford, C. 2000 US Secondary Data Analysis: 586 official reports that Suspect noncompliance increased the Medium
incident data of official responses resulted in action. likelihood of arrest (β = .29, p < .10)
to excessive noise ordinance
violations in Midwest City during
1998 and 1999.

Engel, R. S. 2000 US Secondary Data Analysis: ‘Project 239 police officers; 81 Displays of disrespect toward police
on Policing Neighborhoods’ supervisors; 1,487 non- associated with increased risk of
database comprising of 7,443 traffic-related suspects; arrest (β = .56, p < .01) and use of
observed police-suspect 581 traffic suspects. force (β = 1.40, p < .001) for non-
encounters in Indianapolis and St. traffic suspects and for traffic
Petersburg, FL conducted during suspects (β = .80, p < .01), (β = 1.06,
1996 and 1997. p < .001) respectively.
POLICE OFFICER DECISION-MAKING 63

Engel, R. S., & 2001 US Secondary Data Analysis: ‘Project POPN 1,289 Suspects that were disrespectful Medium
Silver, E. on Policing Neighborhoods’ misdemeanour offences; towards an officer were more likely
(POPN) dataset comprising of PSS 1,578 to be arrested than their deferential
1,849 observed police-suspect misdemeanour offences. counterparts in the POPN (β = .53, p
encounters in Indianapolis and St. < .01) database, these findings were
Petersburg during 1996-1997; not replicated for the PSS database (β
Police Services Study (PSS) = -.16, p > .05). Noncompliant
database comprising of 24 police suspects were more likely to be
agencies, 900 observed shifts and arrested across both datasets (POPN;
5,688 observed police-suspect β = .94, p < .05, PSS; β = 1.45, p <
encounters in St. Louise, MO; .001).
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Engel, R. S., 2000 US Secondary Data Analysis: ‘Police 1,461non traffic-related After controlling for interaction- Medium
Sobol, J. J., & Services Study’ database encounters; 1,082 traffic- phase crime, seriousness of
Worden, R. E. comprising of 24 police agencies, related encounters. encounter, and several demeanour
900 observed shifts and 5,688 interaction effects, disrespectful
observed police-suspect suspects were 2.2 times more likely
encounters in St. Louise, MO; to be arrested.
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Klinger, D. A. 1994 US Secondary Data Analysis: Metro- 245 disputes. Demeanour did not exert a direct Medium
Dade police department dataset effect on arrest when interaction-
comprising of 245 observed phase crime was controlled for, (β =
disputes in Dade County, FL .01, p = .98).
during 1985 and 1986.

Klinger, D. A. 1996 US Secondary Data Analysis: Metro- 245 disputes. Three demeanour measures exerted Medium
Dade police department dataset no significant effect on the likelihood
comprising of 245 disputes in of arrest once measured crime was
Dade County, FL during 1985 and controlled for; a fourth measure
1986. (extreme hostility) significantly
predicted the probability of arrest (β
= 1.23, p < .05).
POLICE OFFICER DECISION-MAKING 64

Lundman, R. L 1994 US Secondary Data Analysis: 195 public drunkenness Impolite and hostile demeanour did Medium
‘Midwest City Police-Citizen encounters; 200 juvenile not significantly predict the
Encounters’ dataset comprising of encounters; 290 traffic likelihood of arrest when crime was
365 observed eight-hour shifts law violation encounters. partially controlled for (β = .47, p >
conducted in 1970 and 1971. .05; β = .34, p > .05 respectively).
Mixed and greater than average
impolite demeanour was a significant
predictor of arrest (β = 1.02, p < .05;
β = .77, p < .05)14.

Lundamn, R. L. 1998 US Systematic Observation: for 15 100 police-suspect Impolite demeanour had the largest Medium
months starting in June 1970, encounters. relative effect on arrest, increasing
seven observers accompanied the probability of arrest by 28%.
police officers in Midwest City
for a total of 365 eight-hour shifts
involving 2,000 police-suspect
encounters.

Mastrofski, S. 1995 US Secondary Data Analysis: 101 officers and 451 Active resistance increased the odds Medium
D., Worden, R. ‘Richmond Bureau of Police- citizens suspected of of arrest by 4.89.
E., & Snipes, J. Citizen Encounters’ database some criminal mischief.
B. comprising of 120 officers who
encountered 1,630 citizens in
Richmond during 1992.

Novak, K. J., & 2005 US Secondary Data Analysis: 617 police-suspect Disrespectful suspects were 0.82 Medium
Engel, R. S. ‘Cincinnati Police Department encounters. times more likely to be arrested than
Community Policing Study’ their deferential counterparts.
dataset comprising of 2,671
observed police-suspect
encounters in Cincinnati during
1997 and 1998.

14
These examinations utilised a one-tailed test of significance, allowing for a rejection of the null hypothesis with a less extreme result than that required by a two-tailed test. Authors did not justify the decisions to use
a one-tailed test.
POLICE OFFICER DECISION-MAKING 65

Novak, K. J., 2002 US Secondary Data Analysis: 334 police-suspect Hostile (vs deferent) suspects were Medium
Frank, J., ‘Cincinnati Police Department encounters. 3.03 times more likely to be arrested
Smith, B. W., & Community Policing Study’ by beat officers and 1.46 times more
Engel, R. S. dataset comprising of 2,671 likely to be arrested by community-
observed police-suspect oriented policing officers.
encounters in Cincinnati during Noncompliance increased the
1997 and 1998. likelihood of arrest by a factor of
13.58 for beat officer encounters and
by a factor of 9.24 for community-
oriented policing officers.

Smith, D. A. 1984 US Secondary Data Analysis: ‘Police 1,139 police-suspect Arrest was significantly more likely Medium
Services Study’ database encounters. in encounters with antagonistic
comprising of 24 police agencies, offenders (t = 6.43); antagonistic
900 observed shifts and 5,688 suspects were not significantly more
observed police-suspect likely to be arrested in militaristic
encounters in St. Louise, MO; agencies (high bureaucratisation and
Rochester, NY; Tampa and St. low professionalism).
Petersburg, FL during 1977.

Smith, D. A. 1987 US Secondary Data Analysis: ‘Police 102 police-suspect Suspect antagonism toward the Medium
Services Study’ database encounters. police increased the probability of
comprising of 24 police agencies, arrest by .40.
900 observed shifts and 5,688
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Smith, D. A. & 1983 US Secondary Data Analysis: ‘Police 950 police-suspect Antagonistic behaviour increased the Medium
Klein. J. R. Services Study’ database encounters. probability of arrest across all
comprising of 24 police agencies, departmental contexts. Most
900 observed shifts and 5,688 profoundly in fraternal police
observed police-suspect agencies (β = .23, p < .05), followed
encounters in St. Louise, MO; by legalistic (β = .17, p < .05),
Rochester, NY; Tampa and St. militaristic (β = .15, p < .05) and
Petersburg, FL during 1977. service (β = .10, p < .05) style
agencies.
POLICE OFFICER DECISION-MAKING 66

Smith, D. A., & 1984 US Secondary Data Analysis: ‘Police 333 interpersonal Demeanour significantly increased Medium
Klein, J. R. Services Study’ database disputes. the probability of arrest (t = 3.16);
comprising of 24 police agencies, 29% of antagonistic suspects were
900 observed shifts and 5,688 arrested compared to 11.7% of their
observed police-suspect deferential counterparts.
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Smith, D. A., & 1981 US Secondary Data Analysis: ‘Police 742 police-suspect Antagonistic demeanour increased Medium
Visher, C. A. Services Study’ database encounters. the probability of arrest by .25.
comprising of 24 police agencies,
900 observed shifts and 5,688
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Smith, D. A., 1984 US Secondary Data Analysis: ‘Police 611 police-suspect Disrespectful demeanour increased Medium.
Visher, C. A., Services Study’ database encounters. the probability of arrest by 1.03.
& Davidson, L. comprising of 24 police agencies,
A. 900 observed shifts and 5,688
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Swatt, M. L. 2002 US Secondary Data Analysis: 1,989 citizens. Best predictor of arrest was Medium
Teplin’s (1984; 1985) dataset disrespectful/threatening demeanour
comprising of 1,382 observed (β = 2.79, Wald χ2 (23) = 69.01, p <
police-suspect encounters in .05), followed by
Chicago, IL during 1980 and acquiescent/detached demeanour (β =
1981. 2.16, Wald χ2 (23) = 50.77, p < .05),
and pleading/frightened demeanour
(β = 1.74, Wald χ2 (23) = 22.73, p <
.05).
POLICE OFFICER DECISION-MAKING 67

Terrill, W., & 2002 US Secondary Data Analysis: ‘Project 3,166 police-suspect Suspects who displayed disrespectful
Mastrofski. S. on Policing Neighborhoods’ encounters. behaviour toward officers were no
D. database comprising of 3,116 more likely to have force used on
observed police-suspect them than were those who were
encounters in Indianapolis and St. respectful (β = -.06, p < .05).
Petersburg during 1996 and 1997.

Visher, C. A. 1983 US Secondary Data Analysis: ‘Police 785 police-suspect Hostile or antagonistic behaviour had Medium
Services Study’ database encounters. significant but equal effects on arrest
comprising of 24 police agencies, decisions for male and female
900 observed shifts and 5,688 suspects (t = - 1.29).
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Worden, R. E., 1984 US Secondary Data Analysis: ‘Police 167 domestic disturbance Disrespectful demeanour increased Medium
& Pollitz, A. A. Services Study’ database encounters. the probability of arrest by .43.
comprising of 24 police agencies,
900 observed shifts and 5,688
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Worden, R. E., 1996 US Secondary Data Analysis: ‘Police 2.932 suspects. Disrespectful demeanour increased Medium
& Shepard, R. Services Study’ database the probability of arrest from .06 to
L. comprising of 24 police agencies, .61. Passive noncompliance and
900 observed shifts and 5,688 active verbal resistance raise the
observed police-suspect probability of arrest from .09 to .27
encounters in St. Louise, MO; and .22, respectively.
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.
POLICE OFFICER DECISION-MAKING 68

2.5.3 Is chivalry dead?

Fiction has almost exclusively assigned the victim role to the female gender;

depicting the male as a violent aggressor and the female as a passive sufferer. Scholars have

argued that this societal attitude has penetrated the legal system, such that female offenders

are afforded greater leniency than their male counterparts. Pollak (1950) termed this

phenomenon the ‘chivalry hypothesis’ some 65 years ago, proposing that women who behave

in ways that are congruent with traditional female roles of purity and submission receive

preferential or lenient treatment (Horowitz & Pottieger, 1991). U.S. research on the effects of

gender bias on police officer decision-making is limited (see Table 6). However, there is

some evidence to suggest that officers are more likely to extend comfort or reassurance to

female citizens, display less suspicion towards women (Smith, Makarios, & Alpert, 2006),

issue more traffic-related tickets to male drivers (Makowsky & Stratmann, 2009), use greater

levels of force against male suspects (Terrill & Mastrofski, 2002), and arrest male suspects

significantly more than female suspects (Brown & Frank, 2005; Mastrofski et al., 1995;

Novak & Engel, 2005; Novak et al., 2002; Smith & Klein, 1984), with some noted exceptions

(Blalock, DeVaro, Leventhal, & Simon, 2011; Engel & Silver, 2001; Lundman 1998; Smith,

1984; Swatt, 2002).

The most comprehensive analysis of the effect of gender on arrest probability was

conducted by Smith and Visher (1981). The authors found that, all else being held constant,

gender had no significant effect on the probability of arrest. A complex pattern of interaction

between gender and police officer decision-making has since been identified (Visher, 1983),

suggesting that chivalrous treatment at the stage of arrest may depend largely on a set of

gender expectations that exist between men and women (Krohn, Curry, & Nelson-Kilger,

1983). Essentially, when women behave in a manner incongruent with traditional sex-roles

the tendency for police officers to offer greater leniency is extinguished. That is, “chivalry
POLICE OFFICER DECISION-MAKING 69

exists … for those women who display appropriate gender behaviours and characteristics”

(Visher, 1983 p. 5).


POLICE OFFICER DECISION-MAKING 70

Table 6. Review of studies investigating the effect of gender on police officer decision-making.

Author/s Year Country Methodology Sample Comments Study


Quality

Blalock, G., 2011 US Secondary Data Analysis: 244,119 police-suspect No evidence to suggest that men are Medium
DeVaro, J., Bloomington, IL; Boston, MA; encounters. more likely than woman to be
Leventhal, S., & Highland Park, IL; Tennessee; ticketed when stopped.
Simon, D. H and Witchita, KS police datasets
comprising of 11,688; 176,033;
4,620; 15,404; and 36,374
observed police-suspect
encounters, respectively. Data
collection occurred between 2001
and 2005.

Brown, R. A., 2005 US Secondary Data Analysis: 617 police-suspect Female suspects were significantly Medium
& Frank, J. ‘Cincinnati Police Department encounters. less likely to be arrested than their
Community Policing Study’ male counterparts for both non-traffic
dataset utilising systematic social (β = -1.66, p < .05) and traffic-related
observation to compare activities (β = -3.47, p < .01) offences.
of community policing officers
and officers assigned to traditional
police duties during 1997 and
1998.

Engel, R. S., & 2001 US Secondary Data Analysis: ‘Project POPN 1,289 Male suspects were significantly Medium
Silver, E. on Policing Neighborhoods’ misdemeanour offences; more likely to be arrested in the
(POPN) dataset comprising of PSS 1,578 misdemeanour POPN (β = .42, p < .05) database,
1,849 observed police-suspect offences. this finding was not replicated for the
encounters in Indianapolis and St. PSS database (β = .33, p > .05).
Petersburg during 1996-1997;
Police Services Study (PSS)
database comprising of 24 police
agencies, 900 observed shifts and
5,688 observed police-suspect
encounters in St. Louise, MO;
POLICE OFFICER DECISION-MAKING 71

Rochester, NY; Tampa and St.


Petersburg, FL during 1977.

Krohn, M. D., 1983 US Secondary Data Analysis: three 10,723 contacts. The non-additive effect of sex and Medium
Curry, J. P., & birth cohorts (1942, 1949, 1955) minority status indicated that the sex
Nelson-Kilger, from school census records difference for Black suspects was .13
S. totalling 6,127 persons. Police and .04 for White suspects. No
contact records for each cohort significant minority status difference
member were determined using in the probability of referral for
police files. A total of 19,489 contacts with males (White suspects
contacts were recorded. = .24; Black suspects = .26).

Lundamn, R. J. 1998 US Systematic Observation: for 15 100 police-suspect Sex did not significantly increase the Medium
months starting in June 1970, encounters. likelihood of arrest, males 2% more
seven observers accompanied likely to be arrested than their female
police officers in Midwest City counterparts.
for a total of 365 eight-hour shifts
involving 2,000 police-suspect
encounters.

Makowsky, M. 2009 US Secondary Data Analysis: Boston 68,357 citations. Females were less likely to receive a Medium
D., & Glove dataset comprising of fine than males (β = -.33, p < .01);
Stratmann, T. 68,357 citations issued in the state fines received by females were 9%
from April 2001 through May lower in sum.
2001.

Mastrofski, S. 1995 US Secondary Data Analysis: 101 officers and 451 Being female reduced the odds of Medium
D., Worden, R. ‘Richmond Bureau of Police- citizens suspected of arrest by a factor of .30.
E., & Snipes, J. Citizen Encounters’ database some criminal mischief.
B. comprising of 120 officers who
encountered 1,630 citizens in
Richmond during 1992.

Novak, K. J., & 2005 US Secondary Data Analysis: 617 encounters. Male suspects were 0.87 times more Medium
Engel, R. S. ‘Cincinnati Police Department likely to be arrested than their female
Community Policing Study’ counterparts.
database comprising of 2,671
observed police-suspect
POLICE OFFICER DECISION-MAKING 72

encounters in Cincinnati during


1997 and 1998.

Novak, K. J., 2002 US Secondary Data Analysis: 334 police-suspect Females significantly less likely to be Medium
Frank, J., ‘Cincinnati Police Department encounters. arrested than their male counterparts
Smith, B. W., & Community Policing Study’ (β = -1.34, p < .01); being male
Engel, R. S. dataset comprising of 2,671 increased the likelihood of arrest by a
observed police-suspect factor of .29 for beat officer
encounters in Cincinnati during encounters but only by a factor of .09
1997 and 1998. for community-oriented policing
officers.

Smith, D. A. 1984 US Secondary Data Analysis:’ Police 1,139 police-suspect Suspect sex did not significantly Medium
Services Study’ database encounters. affect the probability of arrest (t =
comprising of 24 police agencies, .64, p > .05).
900 observed shifts and 5,688
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.

Smith, D. A., & 1984 US Secondary Data Analysis: ‘Police 333 interpersonal Police were significantly less likely Medium
Klein, J. R. Services Study’ database disputes. to arrest in disputes involving female
comprising of 24 police agencies, complainants (11.4%) compared to
900 observed shifts and 5,688 male complainants (21.4%). Male
observed police-suspect suspects were significantly more
encounters in St. Louise, MO; likely to be arrested (17.7%) than
Rochester, NY; Tampa and St. their female counterparts (6.8%).
Petersburg, FL during 1977.

Smith, D. A., & 1981 US Secondary Data Analysis: ‘Police 742 police-suspect Sex did not significantly increase the Medium
Visher, C. A Services Study’ database encounters. likelihood of arrest (z = .77).
comprising of 24 police agencies,
900 observed shifts and 5,688
observed police-suspect
encounters in St. Louise, MO;
Rochester, NY; Tampa and St.
Petersburg, FL during 1977.
POLICE OFFICER DECISION-MAKING 73

Smith, M. R., 2006 US Secondary Data Analysis: Miami- 62,926 traffic stops. Females were significantly less likely Medium
Makarios, M., Dade County police department to have a record check either of
& Alpert, G. P. dataset comprising of 66,109 themselves (β = -.59, p < .01) or their
traffic stops made during April vehicle (β = -.35, p < .01). When
though to October of 2001. controlling for suspicion, female
suspects continued to be significantly
less likely to be arrested than their
male counterparts (β = -.73, p < .01).

Swatt, M. L. 2002 US Secondary Data Analysis: 1,989 citizens. Suspect sex did not significantly Medium
Teplin’s (1984; 1985) dataset affect the probability of arrest (β = -
comprising of 1,382 observed .03, Wald χ2 (23) = .02, p > .05).
police-suspect encounters in
Chicago, IL during 1980 and
1981.

Terrill, W., & 2002 US Secondary Data Analysis: ‘Project 3,166 police-suspect Physical restraint was used with 19% Medium
Mastrofski, S. on Policing Neighborhoods’ encounters. of males and 13% of females. Verbal
D. database comprising of 3,116 force was also more likely to be used
observed police-suspect on males (44%) than on women
encounters in Indianapolis and St. (40%).
Petersburg during 1996 and 1997.

Visher, C. A. 1983 US Secondary Data Analysis: ‘Police 785 police-suspect 20% of male suspects were arrested Medium
Services Study’ database encounters. compared to 16% of female suspects
comprising of 24 police agencies, – a statistically insignificant
900 observed shifts and 5,688 difference; older female suspects
observed police-suspect were less likely to be arrested than
encounters in St. Louise, MO; their younger counterparts (t = -1.68,
Rochester, NY; Tampa and St. p < .05); Black female suspects were
Petersburg, FL during 1977. more likely to be arrested than their
White counterparts (t = 2.09, p <
.05); antagonistic female suspects
have no advantage over similar male
suspects (t = -1.29, p > .05).
POLICE OFFICER DECISION-MAKING 74

2.5.4 The influence of suspect mental illness.

Police officers frequently encounter persons with mental illness (Teplin, Abram, &

McClelland, 1996). This contact has increased considerably since the 1960s given the

deinstitutionalisation of state mental hospitals (Teplin, 1983), more stringent standards for

civil commitment (Borzecki & Wormith, 1985; Laberge & Morin, 1995), limited access to

community treatment programs, and the compartmentalisation of public mental health

systems (Lurigio & Swartz, 2000). Consequently, policing has had to take on greater

responsibility in initiating interventions and providing assistance to people experiencing

mental illness. Increased contact, coupled with clear evidence to indicate that people

experiencing mental illness are overrepresented amongst incarcerated populations (Ogloff,

2002) has created grave concern as to the possible misapplication of the authority to arrest

(Engel & Silver, 2001).

The term criminalisation has been adopted to describe the disproportionate number of

people experiencing mental illness entering the criminal justice system (Lamb & Weinberger,

1998), raising concern that police officers are resorting more readily to criminal justice

sanctions rather than mental health options (Patch & Arrigo, 1999). Researchers differ in

their conceptualisation of the use of arrest. Some suggest it to be a means of handling the

potentially troublesome behaviour displayed by people experiencing mental illness (Teplin,

1984), whilst others perceive it as a gesture of compassion (Lamb, Weinberger, & DeCuir,

2002) or a reflection of the common belief that people experiencing mental illness are more

violent than the general population (Cuellar, Snowden, & Ewing, 2007). Regardless, the most

influential support for the tenants of the criminalisation hypothesis stemmed from Teplin’s

(1984) and Teplin and Preutt’s (1992) analysis of police interactions with 506 Chicago

suspects. Using the same data, the analyses indicated that the probability of being arrested

was 20% greater for suspects exhibiting signs of mental illness than for those who did not
POLICE OFFICER DECISION-MAKING 75

appear mentally ill. This finding has been replicated more recently by Fisher et al. (2011).

However, debates regarding the accuracy of the criminalisation

hypothesis gradually surfaced (see Table 7). For example, Engel and Silver (2001) found that

suspects experiencing mental illness were significantly less likely to be arrested compared to

suspects deemed as not having a mental illness. The authors concluded that adequately taking

into account various demographic and suspect variables when considering the association

between arrest and mental illness eliminated the criminalisation hypothesis. This finding was

replicated by Novak and Engel (2005), who reported that mentally ill suspects were 1.17

times less likely to be arrested compared to non-mentally ill suspects. In conjunction with

other research (Bonovitz & Bonovitz, 1981; Green, 1997; Hiday, 1992; Swatt, 2002), these

findings diverted attention to the repudiation of the criminalisation hypothesis.

Interest in the role of mental illness and police intervention has recently surged in the

Australian context. However, the focus has predominantly been on police attitudes (Clifford,

2012) and hypothetical vignettes (Godfredson, Ogloff, Thomas, Luebbers, 2010) rather than

actual policing practices. One notable exception is Kesic’s (2011) examination of suspect

mental illness in incidents of fatal and nonfatal police use of force. Kesic’s findings indicated

that persons experiencing a major mental disorder were overrepresented in both fatal and

nonfatal incidents of police use of force. It was concluded that significant training reform was

needed to facilitate police officer decision-making when dealing with people experiencing

mental illness.

Evidently, conflicting findings exist as to the independent influence of a suspect’s

mental illness on the decision to arrest. Some researchers have yielded support for the

criminalisation hypothesis, yet others have found that police officers are reluctant to use

arrest in encounters involving people experiencing mental illness. Although uncertainty

continues to permeate the published literature, it appears that the reinterpretation of previous
POLICE OFFICER DECISION-MAKING 76

findings within the context of more recent evidence indicates that mental illness in of itself

may not substantially increase the likelihood of arrest in police-suspect encounters. Although

arrest has not been investigated in the Australian context, there is some evidence to suggest

that police officers utilise more forceful tactics when dealing with suspects experiencing

mental illness (Kesic, 2011).


POLICE OFFICER DECISION-MAKING 77

Table 7. Review of studies investigating the effect of suspect mental illness on police officer decision-making.

Author/s Year Country Methodology Sample Comments Study


Quality

Bonovitz, J. C., 1981 US Secondary Data Analysis: utilised 214 police-suspect 12 non-dangerous, treatment-resistant Medium
& Bonovitz, J. longitudinal data collected from encounters. individuals were arrested; 9 were
S. police department archives for the jailed.
years 1975 through to 1979.

Engel, R. S., & 2001 US Secondary Data Analysis: ‘Project POPN 1,289 Officers in the POPN study were Medium
Silver, E. on Policing Neighbourhoods’ misdemeanour offences; significantly less likely to arrest
(POPN) dataset comprising of PSS 1,578 mentally disorders suspects (7.6%)
1,849 observed police-suspect misdemeanour offences. compared with non-mentally
encounters in Indianapolis and St. disordered suspects (18.2%). A larger
Petersburg during 1996-1997; percentage of mentally disordered
‘Police Services Study’ (PSS) suspects were arrested (16.2%)
comprising of 5,688 observed compared with non-mentally
police-suspect encounters in St disordered suspects (13.0%) in the
Louise, MO; Rochester, NY; PSS dataset.
Tampa and St. Petersburg, FL
during 1977.

Fisher, W. H., 2011 US Secondary Data Analysis: 10,742 persons. 32.8% of the cohort was arrested at Medium
Simon, L., Roy- Massachusetts Department of least once during the observation
Bujnowski, K., mental health dataset comprising of period, compared with 23.2% of the
Grudzinskas, 10,742 persons receiving inpatient, general Massachusetts population.
A., Wolff, N., residential or case management The cohort were 1.84 times more
Crockett, E., & services during 1991 and 1992. likely to be arrested for drug-related
Banks, S. offences, 5.95 times more likely to be
arrested for assault and battery on a
police officer, and 4.22 times more
likely to be arrested for
misdemeanour crimes against
persons.
POLICE OFFICER DECISION-MAKING 78

Green, T.M. 1997 US Mixed methods: quantitative 148 incident forms; 11 Suspects presenting with mental Medium
component comprised 148 incident police officer interviews illness were 4.17 times more likely to
coding forms completed by police be arrested if they committed a
officers after an encounter with a misdemeanour offence and 1.85
person suffering from mental times more likely to be arrested if
illness. Qualitative component they had a known criminal history.
comprised structured and semi- Informal sanctions were 1.99 times
structured interviews with 11 more likely if the suspect committed
police officers. a violation offence and 1.42 times
more likely if the suspect committed
no offence. Qualitative analysis
indicated that officers believed that
official sanctions can be punishing
for both the officer and the suspect.

Hiday, V. A. 1992 US Secondary Data Analysis: civil 1,226 mentally ill adults. Arrest of candidates in the 6-month Medium
commitment hearings for 1,226 follow-up was infrequent (7.1%);
allegedly mentally ill adults during over half of the arrests (50.9%) were
1984 and 1985 in North Carolina. accounted for by a small number
Court records were used to gather (1.55%) of candidates who had
demographic, diagnostic, and multiple arrests. Candidates were
dangerousness information. A more likely to be arrested for
follow-up occurred six months burglary and larceny than the general
following the commitment hearing. population (21.4% to11.4%, p < .05).

Kesic, D. 2011 AUS Data linkage: data were extracted 48 cases of fatalities, 48 deaths of persons with a mental High
from (i) the Use of Force register, 4,267 cases of nonfatal illness resulting from police use of
(ii) the Law Enforcement use of force. force between November 1982 and
Assistance Program, (iii) the Client February 2007. 91% of suspects were
Interface Management/Operational behaving in an aggressive manner,
Data Store. 91% had weapons, 82% refused to
drop the weapon, 80% threatened
officers with a weapon and 89%
resisted arrest. In the nonfatal use of
force sample, 50% of suspects had
been clients of the mental health
system; 38% had a diagnosed mental
disorder.
POLICE OFFICER DECISION-MAKING 79

Novak, K. J., & 2005 US Secondary Data Analysis: 617 police-suspect Suspects presumed to have a mental Medium
Engel, R. S. ‘Cincinnati Police Department encounters. illness were 1.17 times less likely to
Community Policing Study’ be arrested compared to non-
database comprising of 2,671 mentally disordered suspects.
observed police-suspect encounters
in Cincinnati during 1997 and
1998.

Swatt, M. L. 2002 US Secondary Data Analysis: Teplin’s 1,989 citizens. Mentally illness did not affect the Medium
(1984; 1985) dataset comprising of probability of arrest (β = .41, Wald χ2
1,382 observed police-suspect (23) = .90, p > .05).
encounters in Chicago, IL during
1980 and 1981.

Teplin, L. A. 1984 US Systematic Observation: police 884 police-suspect Probability of arrest nearly 20% Medium
officers were observed in everyday encounters. greater for suspects exhibiting signs
interactions with citizens for 2,200 of mental disorder; 46.7% of
hours and 1,382 encounters in mentally ill suspects were arrested
Chicago, IL during 1980 and 1981. compared to 27.9% of suspects who
showed no signs of mental disorder.

Teplin, L. A., & 1992 US Systematic observation: police 1,072 police-suspect Mentally ill suspects had an arrest Medium
Pruett, N. S. officers were observed in everyday encounters. rate (46.7%) nearly double that of
interactions with citizens for 2,200 non-ill suspects (27.9%).
hours and 1,396 encounters in Hospitalisation was initiated for only
Chicago, IL during 1980 and 1981. 13.3% of the mentally ill suspects.
POLICE OFFICER DECISION-MAKING 80

2.6 Officer Characteristics

Research on the exercise of police discretion has mostly adopted one of two

dispositions (Sherman, 1980). One approach is to examine the actions of police officers

during police-suspect encounters by accounting for any variation in behaviour in terms of

situational factors. Situational explanations posit that police officer behaviour is primarily

influenced by structural characteristics of the immediate situation: the nature of the problem,

the attributes and actions of the suspect, and a host of contextual variables (Berk & Loseke,

1980). The second approach attempts to examine differences in behavioural patterns by

identifying individual variations. This approach is underpinned by psychological theories

which assume that individual characteristics, experiences, views, and outlooks have an effect

on consequent behaviour (Muir, 1977; Worden, 1995). It is beyond the scope of the current

review to examine the attitudinal explanation of police behaviour, this has been extensively

covered elsewhere (see Brown, 1988; Muir, 1977). In the following sections, focus is placed

upon the effect of training and experience.

It is commonly assumed that those who have greater knowledge and more developed

skills perform better than those who have not yet acquired such attributes (e.g., Juliusson,

Karlsson, & Garling, 2005; Perkins & Rao, 1990). Police officers have frequently expressed

the belief that knowledge derived from the classroom setting is of limited value and that

learning occurs predominantly through doing (Bayley & Bittner, 1984), a premise which

police reformers have utilised as the precept to professionalising policing. Does this mean

that policing is not amenable to rational analysis and formal learning? Is the view of policing

as a craft the absolute antithesis of the view of policing as a science? The following sections

review the empirical rigor of this assumption and its implication for the current research.
POLICE OFFICER DECISION-MAKING 81

2.6.1 Train to decide.

Many scholars have proposed that effective police training must address two

fundamental tasks: (i) police officers undertaking the training must acquire the basic

conceptual apparatus which will guide them in understanding the environmental demands

placed upon them, and (ii) training must provide guidance regarding how to exercise

judgment and discretion in real-life situations (Birzer, 2003; Haberfeld, 2002; Marenin,

2004). Although training has developed considerably since the 1960s (Mastrofski, 1990),

knowledge regarding its efficacy is mostly limited to whether higher quantities of training

produce desired changes in police practice. Research in the area is generally scarce, with the

available findings creating uncertainty as to the effect of training on police officer attitudes,

beliefs, skills, and practices. This has produced ample debate regarding whether police

officers base their decisions predominantly on training or their own discretion, an impasse

epitomised by Vinzant and Crothers’ (1998) statement:

Police officers draw on common sense, judgment and other personal resources

when analyzing and acting on a situation, rather than on rules, training or

supervision … The officer does not rely on a predetermined plan of action because no

such plan could possibly cover the variety and complexity of situations that might

arise. (p. 48)

One of the earliest examinations of the effects of training was conducted by

Rosenbaum (1987) who found that training may affect police officer views in the short-term

but that there were few long-term effects once the officers returned to their daily duties.

Recent research has noted similar positive, immediate effects of training on a number of

factors including communication skills (Wheller, Quinton, Fildes, & Mills, 2013), knowledge

of mental illness (Pinfold et al., 2003), behavioural performance (Lonsway, Welch, &
POLICE OFFICER DECISION-MAKING 82

Fitzgerald, 2001), attitudes toward syringe access initiatives (Beletsky et al., 2011) and

trauma resilience (Arnetz, Nevedal, Lumley, Backman, & Lublin, 2008). However, the

generalisability of this research remains limited due to the absence of any follow-up data to

indicate the sustainability (or otherwise) of the identified effects (see Table 8).

The contingent nature of training’s effects appears to depend not only on the logistics

and content of the curricula, but also on the organisational environment from which the

police officer operates. Police officers working within stations that foster and encourage

training principles - manifested through ongoing, supportive supervisory practices - are able

to sustain and adhere to training doctrines (Mastrofski & Ritti, 1996). In other words,

retaining attitudes and beliefs acquired through the received training hinges on whether the

organisation and its leaders accommodate for an environment conducive to training practices.

Academy training that is not reinforced in the field has been shown to produce no lasting

effects on police officer attitudes (Dejong, Mastrofski, & Parks, 2001; Haarr, 2001; Wortley

& Homel, 1995).

Given the nature of resources injected into police training annually, further

examination of the effects of training on police officer decision-making is quintessential.

What role does training have in day-to-day judgments made by police officers? What role do

supervisors have in creating a police culture conducive to training principles?


POLICE OFFICER DECISION-MAKING 83

Table 8. Review of studies investigating the effect of training on police officer decision-making.

Author/s Year Country Methodology Sample Comments Study


Quality

Arnetz, B. B., 2009 US Randomised Controlled Trial: 18 18 police officers. Imagery-trained police officers (vs Medium
Nevedal, D. C., male police officers with 1 year control group) reported significantly
Lumley, M. A., experience in the Swedish police less negative mood following the
Backman, L., & force participated in a live, life-like simulation, t(16) = -2.35, p = .03;
Lublin, A. critical incident simulation. performed significantly better, t(16)
Biological, psychophysiological, = 2.67, p = .02; and had lower heart
behavioural, mood and stress levels rate during the simulation t(16) =
were measured during and after the 26.82, p = .00.
simulation. Nine police recruits
received imagery training over a
ten week period; the other 9 served
as the control group.

Beletsky, L., 2011 US One Group Pre-test Post-test 94 police officers At baseline, officers indicated that Medium
Agrawal, A., Design: an educational intervention responded to baseline syringe access initiatives promote
Moreau, B., was delivered by departmental survey; 78 responded to drug use (51%), increase the
Kumar, P., training specialists in Rhode Island the post-training survey. likelihood of police needle stick
Weiss-Laxer, targeting syringe policy and injuries (58%), and fail to reduce
N., & Heimer, community-level disease disease spread (38%). No significant
R. prevention; pre- and post- change in attitude and knowledge
questionnaires were used to regarding syringe access was
evaluate the effectiveness of the observed post-training.
intervention.

Dejong, C., 2001 US Secondary Data Analysis:’ Police 614 police-suspect Community policing training did not Medium
Mastrofski, S. Services Study’ database encounters. significantly affect the likelihood of
D., & Parks, R. comprising of 5,688 observed utilising problem-solving strategies
B. police-suspect encounters in St. (β = .05, p = .23).
Louise, MO; Rochester, NY;
Tampa and St. Petersburg, FL
during 1977.
POLICE OFFICER DECISION-MAKING 84

Haarr, R. N. 2001 US Longitudinal: 446 police recruits 446 police recruits at T1; Positive gains made during Academy Medium
were followed through the Phoenix 389 police recruits at T2; training regarding community-
Regional Police Training Academy 356 police recruits at T3; policing (β = -.55, p < .01) and
and to respective police agencies. 292 police recruits at T4. problem-solving policing (β = -.75, p
A pre-test survey measuring <.01) deteriorated over the course of
baseline attitudes was administered follow-up. Orientation toward
on the first day of Academy community-oriented policing (β = -
training (T1); a post-test occurred .62, p < .01) and problem-solving
16 weeks later (T2); a second post- policing (β = -.59, p <.01) also
test occurred 12 weeks following reduced.
T2 (T3); a final post-test occurred
at the completion of the 1 year
probation period (T4).

Lonsway, K. 2001 US Randomised Controlled Trial: 161 police recruits. No significant differences in content Medium
A., Welch, S., comprised of a control group (30- knowledge F(1, 121) = 26.12, p < .49
& Fitzgerald, L. minute discussion on sexual and rape myth acceptance F(1, 127)
F. assault) and an experimental = .03, p < .86 were identified
training program (3.5 hour between the experimental and control
discussion on sexual assault); 161 groups. Recruits in the experimental
police recruits completed numerous group were more likely to address the
attitude and cognition measures needs and concerns of the victim, X2
following the discussion. (1, 325) = 13.81, p < .01 and were
more likely to provide empathy X2 (1,
N = 259) = 7.87, p < .01).

Mastrofski, S. 1996 US Secondary Data Analysis: survey 443 respondents. In supportive organisational Medium
D., & Ritti, R. data from an earlier analysis environments training increased
R. (Mastrofski et al., 1994) drunk-driving arrest productivity. In
comprising of 1,000 respondents unsupportive departments, training
during 1989 and 1990. showed no impact.

Pinfold, V., 2003 US One Group Pre-test Post-test 163 police officers At the conclusion of the workshop, Medium
Huxley, P., Design: an educational intervention received training; pre- 37% of officers remembered
Thornicroft, G., was delivered by service users in and post-data were information relating to violence,
Farmer, P., South East England targeting available for 109 recovery and prevalence. At follow-
Toulmin, H., & mental health awareness; pre- and officers. up, 6 officers recalled the
Graham T post-questionnaires were used to information. No impact on the belief
that people with mental illness are
POLICE OFFICER DECISION-MAKING 85

evaluate the effectiveness of the likely to be violent was noted; 41%


intervention. rated the training as having no effect
on daily police work.

Rosenbaum, D. 1987 US Randomised Controlled Trial: 122 police recruits (T1), Officers in the experimental group Medium
P. participants were randomly 105 police recruits (T2). produced an average of 37.45 units of
assigned to either the experimental victim-orientated information per
group (received a three-day victim- scenario, while the control group
focused training program) or the averaged only 7.37 such units (p <
control group (received a three-day .01); experimental group supplied an
record-keeping practices training). average of 56.42 units of procedure-
Officers completed a two-part oriented information versus 95.26
survey immediately after the units for the control group (p < .01).
training (T1) and at four months
follow-up (T2).

Wheller, L., 2013 US Randomised Controlled Trial: 576 police officers. Officers in the treatment group had Medium
Quinton, P., participants were randomly attitudes that were significantly more
Fildes, A., & selected from a database of all positive than those in the control
Mills, A. P. C. serving constables within Greater group regarding the delivery of
Manchester Police and randomly quality service, building empathy and
assigned to the treatment group (to rapport, and fair decision-making.
receive training) or the control
group (to not receive training).

Wortley, R., & 1995 AUS Longitudinal: 412 police recruits 412 police recruits. Ethnocentrism increased significantly Medium
Homel, R. completed three surveys whilst during the first year of service;
attending routine aptitude and Academy training did not reduce
fitness examinations (T1); during recruit prejudice F(6,792) = 1.33, p >
Academy training (T2); and at the .05.
completion of the 1 year probation
period (T3).
POLICE OFFICER DECISION-MAKING 86

2.6.2 Experience in making hard decisions.

The dichotomy between “book smart” and “street smart” transcends almost all

disciplines and occupations, the policing sector being no different. Proponents of experience

argue that repetitive exposure to the various situational contingencies of policing is crucial to

establishing good policing practice (Bayley & Bittner, 1984). The fundamental contention

holds that the reality police officers confront in the field is too complex to be reduced to

simple principles that can be taught in a classroom setting - “officers commonly portray

policing as being essentially a craft in which learning comes exclusively through experience

intuitively processed by individual officers” (Bayley & Bittner, 1984, p. 35). Despite the

extensive attention given to studying police work, little is known about the skills acquired

through experience and how, or whether, these change the way in which police officers

approach various encounters (see Table 9). There is limited existent evidence to suggest that

the length of an officer’s tenure has an effect on perceptions of victim cooperativeness

(Robinson & Chandek, 2000), referrals to mental health treatment (Finn & Stalans, 1995),

prejudice (Wortley & Homel, 1995), aggressiveness (Alpert & Dunham, 2004; Mastrofski,

Snipes, & Supina, 1996; Terrill & Mastrofski, 2002), decision-making frames (Dunham,

Alpert, Stroshine, & Bennett, 2005; Finn & Stalans, 2002; Withrow, 2004), implementation

of problem-solving strategies (Dejong et al., 2001), and conceptualisation of intimate partner

violence (Stalans & Finn, 1995).

An Australian-based study conducted by Wortley and Homel (1995) investigated

prejudice among police recruits and its trajectory over the period of their Academy training.

The findings indicated that levels of ethnocentrism (i.e., the belief in the inherent superiority

of one’s own ethnic group) remained unchanged between recruitment and Academy

graduation. The authors also found that field experience could increase police officer

prejudice, particularly if recruits were based in districts characterised by a large Aboriginal


POLICE OFFICER DECISION-MAKING 87

population. It was thus concluded that experience may override the positive effects of training

or in some other way hinder the transfer of the gains made.

The concepts of experience, expertise, and tacit knowledge are ripe in the naturalistic

decision-making literature - a theoretical approach focused on how individuals make

decisions in dynamic, uncertain, and quickly developing situations (Cohen, 1993; Klein,

1999; Zsambok & Klein, 1997). The naturalistic decision-making framework has been

utilised in the formulation of various aspects of decision-making in fire-fighting, military

environments, nuclear power plants, and nursing (Klein, 2008). However, policing has

received surprisingly little attention. Some policing scholars have attempted to apply the

theory to risk management processes (Alpert & Rojek, 2011), decision-making in murder

inquiries (Mullins, Alison, & Crego, 2008), and investigations of rape (O’Keefe, 2002).

These attempts have been limited to theoretical speculation, with little empirical data. As it

stands, the role of experience in police officer decision-making remains empirically

unexplored and ambiguous whilst hypothetically and anecdotally robust.


POLICE OFFICER DECISION-MAKING 88

Table 9. Review of studies investigating the effect of officer’s level of experience on decision-making.

Author/s Year Country Methodology Sample Comments Study


Quality

Alpert, G. P., & 2004 US Secondary Data Analysis: Miami- 499 police-suspect Officers with < 5 years’ experience Medium
Dunham, R. G. Dade County police department encounters. used force in 44% of cases; officers
dataset comprising of 1,622 with 5-10 years’ experience used
observed police-suspect encounters force in 26% of cases; officers with >
during 1973. 10 years’ experience used force in
30% of cases. Officers with more
years of experience user a higher
level of force than officers with fewer
years of experience (r = .16, p = .01).

Dejong, C., 2001 US Secondary Data Analysis: ‘Police 614 police-suspect Officers with less than 10 years of Medium
Mastrofski, S. Services Study’ database encounters. experience were significantly more
D., & Parks, R. comprising of 5,688 observed likely to engage in problem-solving
B. police-suspect encounters in St. strategies (β = .17, p = .01).
Louise, MO; Rochester, NY;
Tampa and St. Petersburg, FL
during 1977.

Dunham, R., 2005 US Systematic Observation: field 103 stops. Length of tenure was significantly Medium
G., Alpert, G. observers accompanied officers on associated with suspect resistance, (r
P., Stroshine, three shifts in Savannah, Georgia = .28, p < .01), however did not
M. S., & during 2002. affect the likelihood of arrest (r = -
Bennett, K. .03, p > .05).

Finn, M. A., & 1995 US Survey: 257 police officers from 257 completed surveys. Experienced officers were more Medium
Stalans, L. J. North Georgia were randomly accurate in their decision to
assigned to read one of 12 scripts recommend outpatient mental health
(manipulated through victim injury, (82.25%) compared to their less
antagonism between disputants, experienced counterparts (64.71%).
and husband’s mental state). The accuracy of decisions to not
POLICE OFFICER DECISION-MAKING 89

recommend was similar (73.53% and


72.97% respectively).

Finn, M. A., & 2002 US Secondary Data Analysis: 257 257 completed surveys. Novice officers focused on normative Medium
Stalans, L. J. police officers from North Georgia considerations (e.g.,
were randomly assigned to read blameworthiness), whereas
one of 12 scripts (manipulated experienced officers focused on
through victim injury, antagonism pragmatic and efficiency
between disputants, and husband’s considerations (e.g., risk of future
mental state). violence).

Mastrofski, S. 1996 US Secondary Data Analysis: 346 police-citizen Greater police experience was Medium
D., Snipes, J. ‘Richmond Bureau of Police- encounters; 89 police associated with a significantly lower
B., & Supina, Citizen Encounters’ database officers. likelihood that a compliance request
A. E. comprising of 120 officers who directed at a citizen would take the
encountered 1,630 citizens in form of a suggestion or entreaty (β =
Richmond during 1992. -.05, p < .05).

Robinson, A. 2000 US Survey: officers completed a 229 completed surveys. Length of tenure did not significantly Medium
L., & Chandek, Domestic Violence Case Summary predict the decision to arrest during
M. S. form at the scene of every domestic domestic incidents (β = .01, p > .05).
violence call; officers completed a
Supplemental Form devised by the
authors addressing perceptions of
victim cooperativeness and
characteristics.

Stalans, L. J., & 1995 US Survey: 128 police officers from 128 completed surveys. Experienced officers were more Medium
Finn, M. A. North Georgia were randomly accurate in their decision to
assigned to read one of 8 scripts recommend outpatient mental health
(manipulated through income of (100%) compared to their less
disputants and wife's actions). experienced counterparts (31.58%).
Experienced officers were 7.25 times
more likely to arrest if there was
evidence to substantiate claims,
novice officers were only 1.17 times
more likely to arrest under the same
circumstances. Novice officers more
POLICE OFFICER DECISION-MAKING 90

frequently attributed blame (23.7%)


than did experienced officers (10.4%)
and were 3.10 times more likely to
arrest a husband when he injured a
hallucinating wife.

Terrill, W., & 2002 US Secondary Data Analysis: ‘Project 3,166 police-suspect Encounters with inexperienced Medium
Mastrofski. S. on Policing Neighbourhoods’ encounters. officers were significantly more
D. database comprising of 3,116 likely to result in higher levels of
observed police-suspect encounters force compared to those involving
in Indianapolis and St. Petersburg more experienced officers (β = -.01,
during 1996 and 1997. p <.01).

Withrow, B. L. 2004 US Secondary Data Analysis: Wichita 37,454 police-suspect Officers with greater years of Medium
police department dataset encounters. experience were .99 times less likely
comprising of 37,454 police-citizen to arrest a suspect than their less
encounters in Witchita during experienced counterparts.
2001; participating police officers
collected data following every
police/citizen contact of an official
nature; US bureau of the Census,
2001 for overall population figures.

Wortley, R., & 1995 AUS Longitudinal: 412 police recruits 412 police recruits. Recruits stationed at districts with an Medium
Homel, R. completed three surveys whilst Aboriginal population above 1.1%
attending routine aptitude and became increasingly prejudiced.
fitness examinations (T1); during
Academy training (T2); and at the
completion of the 1 year probation
period (T3).
POLICE OFFICER DECISION-MAKING 91

2.7 Discussion

As expected, the preceding review of the factors influencing police officer decision-

making showed variation across and within studies with inadequate evidence to draw any

firm conclusions. Some themes nevertheless emerged. There were a sufficient number of

studies indicating that race, gender, and demeanour – and to some degree suspect mental

illness - influenced police practice to raise concern as to the constituents of officer decision-

making. The role of training and supervision appears to be muddied; despite the vast

resources injected into police training the available evidence indicates limited prospects of

attitudinal and behavioural change.

The current review has several strengths. The search strategy was extensive and

comprehensive, resulting in a large number of published studies and books. A transparent

methodological quality assessment was carried out, with numerous studies excluded due to

poor methodological rigor and little application to real-world scenarios. However,

randomised controlled trials were rare. This is not entirely unexpected given that correlates of

decision-making do not easily lend themselves to this type of design. Consequently, a large

proportion of the studies reviewed were founded on mixed methods. In an attempt to ensure

research quality, only peer-reviewed empirical work was included and a quality appraisal of

each study was undertaken.

Limitations also arose from the studies included in the review. Most notably, the

majority of the studies utilised have been conducted in the U.S. and as such were unable to

attain a ‘High’ quality rating as generalisability and applicability to the Australian criminal

justice system could not be guaranteed. Many of the studies reviewed relied on secondary

data analysis procedures, which allowed for access to large sample sizes and longitudinal

data. However, control of study population and measures collected were often not exactly

reflective of the research aims. The observational nature of the secondary data also meant that
POLICE OFFICER DECISION-MAKING 92

assessing causality was almost an impossible feat.

In summary, researchers still have much to learn about the effects of legal and extra-

legal situational influences on police decision-making. This appears to be particularly so

within the Australian context. The search to uncover the causes and control of police practice

must extend beyond the limited domains of the situation and the individual police officer.

Situational explanations of police behaviour are predicated on implicit presumptions that

police officer behaviour is the result of situational parameters. Individual explanations

assume that inherent biases of the police officer account for the majority of errors made in the

decision-making process. Yet neither conceptualisation can adequately explain the

complexity and diversity of decision-making. Any theory of police officer decision-making

must assume a holistic stance, encapsulating the effect of situational ambiguity and

uncertainty of the work environment on individual police officers’ decision-making capacity.

It is the intention of the current research to seek to develop such a substantive theory by

considering how police officers make decisions in stressful, ambiguous and potentially

violent incidents. Specifically, the research question was twofold - how does police officer

decision-making unfold amidst dynamic and fast-paced circumstances, and what information

or strategies do police officers use to arrive at a decision outcome? In line with this, a

grounded theory study was undertaken to examine how officers make decisions in situations

where specific actions are not prescribed by police policy and/or procedure
POLICE OFFICER DECISION-MAKING 93

CHAPTER THREE: METHODOLOGY - INTRODUCING GROUNDED THEORY

Qualitative research is utilised in numerous disciplines, fields and subject matters. It is an

interconnected family of terms, concepts and assumptions - its complexity clearly evidenced

by the vast and separate literatures addressing its assorted approaches (i.e., narrative inquiry,

phenomenology, ethnography, case study, and grounded theory). Accordingly, defining

qualitative research in its entirety is an elusive venture, with many scholars asserting that

there is “no general agreement about the conduct of … qualitative inquiry; perhaps there

never will or can be consensus …” (Eisner & Peshkin, 1990, p. 1). Few authors document a

specific or working definition, providing broad definitions that capture fundamental concepts:

“qualitative researchers seek answers to their questions in the real world … They gather what

they see, hear, and read from people and places and from events and activities” (Rossman &

Rallis, 2003, p. 4). Others have attempted more capacious definitions:

Qualitative research is a situated activity that locates the observer in the world. It

consists of a set of interpretive, material practices that make the world visible. The

practices transform the world. They turn the world in a series of representations,

including field notes, interviews, conversations, photographs, recordings, and memos

to the self … qualitative researchers study things in their natural settings, attempting

to make sense of, or to interpret, phenomena in terms of the meanings people bring to

them (Denzin & Lincoln, 2008a, p. 3).

Strauss and Corbin (1998) described qualitative research as:

Any type of research that produces findings not arrived at by statistical procedures or

other means of quantification. It can refer to research about persons’ lives, lived
POLICE OFFICER DECISION-MAKING 94

experiences, behaviors, emotions, and feelings as well as about organizational

functioning, social movements, and cultural phenomena (p. 10).

The lack of a firm and fixed definition speaks to the dynamic, ever-evolving, and

progressive nature of qualitative inquiry - the pursuit of a discrete definition is an

insurmountable one. For this reason, researchers are increasingly required to provide clear

and direct explanations (as opposed to definitions) of their chosen method to make apparent

the process on which their research is founded (Suddaby, 2006). In response to this call for

transparency, this chapter is dedicated to the stipulation of the philosophical underpinnings

and procedural elements of the chosen grounded theory method.

3.1 Grounded Theory

First developed by Glaser and Strauss in the 1960s at the University of California,

grounded theory has become the most prodigiously cited qualitative research method in the

social sciences (Bryant & Charmaz, 2007) spanning the disciplines of psychology (Dodson &

Dickert, 2004), mental health nursing (Lakeman, 2013), environmental medicine

(Gustafsson, Dellve, Edlund, & Hagberg, 2003), and education (Kirchhoff & Lawrenz, 2011)

amongst others. With its origins firmly rooted in sociology, grounded theory emphasises the

importance of developing an understanding of human behaviour through discovery and

induction rather than from hypothesis testing and deduction. The fundamental question in

grounded theory is thus: if we assume that meaning is conferred onto the social world

through the interaction of actors, can these social processes then be investigated?

Grounded theory enables the researcher to construct a theoretical account of the

general features of a given research topic whilst simultaneously grounding this account in

empirical observation and data (Glaser & Strauss, 1967). Theories that are generated through

the grounded theory method utilise gerunds (a noun made from a verb by adding “-ing”),
POLICE OFFICER DECISION-MAKING 95

focusing primarily on the processes and trajectories that result in identifiable stages and

phases (Glaser, 1978, 1998). The ultimate outcome is a substantive theory that identifies

analytic configurations (Strauss & Corbin, 1998) and makes lucid the synthesis of descriptive

information through theoretical concepts and relational statements. A focus on process is

central:

Bringing process into the analysis is essential. Process can be the organizing thread or

central category of theory, or it can take a less prominent role. Regardless of the role

it plays, process can be thought of as the difference between a snapshot and a

moving picture … Theory without process is missing a vital part of its story …

(Strauss & Corbin, 1998, p. 179).

Glaser and Strauss’ split in the early development of grounded theory resulted in a

bifurcation - the Glaserian (Glaser, 1992) and the Straussian (Strauss & Corbin, 1990)

schools of thought emerged - diverging primarily in methodological rather than philosophical

regards. The crux of this dichotomy relates to the adopted coding paradigm, the Glaserian

school offers a collection of concepts (i.e., a coding family) that guide the researcher in

developing theoretical sensitivity. Strauss’ coding paradigm focuses on the relationships

between the codes, asking questions such as ‘What conditions caused or influenced concepts

and categories?’ and ‘What are the associated effects or consequences?’ (Strauss & Corbin,

1998). The schools differ in a number of other ways, some negligible and others fundamental

to research direction and execution (see Appendix 2).

The split in methodological trajectories eventually led to the inception of the

constructivist tradition, most strongly associated with the writings of Charmaz (1995, 2006).

Discussions of ontology quickly arose as constructivist grounded theory (CGT) embraced the

epistemological position of subjectivism. Charmaz (2006) acknowledged that interactions

between the researcher and the participant could not be wholly objective and that the
POLICE OFFICER DECISION-MAKING 96

researcher and participant both play an active role in generating data (Gergen, 1985, 2001).

Concepts of ‘truth’ and ‘reality’ were positioned within temporal, cultural, and structural

contexts (Charmaz, 2006) such that researchers were understood to “construct their respective

products from the fabric of the interactions, both witnessed and lived” (Charmaz, 2006,

p.178). This did not, however, preclude the need to present a chain of irrefutable evidence -

for every concept and interpretation produced the researcher ought to demonstrate a

compilation of instances that led to its construction.

Given these different trajectories, Bryant and Charmaz (2007) define the grounded

theory method as comprising a “systematic, inductive, and comparative approach for

conducting inquiry for the purpose of constructing theory” (p. 1). Constructivist grounded

theory differs from the Glaserian and Straussian traditions due to its focus on “how data,

analysis, and methodological strategies become constructed and takes into account the

research contexts and researchers’ positions, perspectives, priorities, and interactions”

(Bryant & Charmaz, 2007, p. 10). Essentially, CGT “assumes the relativism of multiple

social realities, recognises the mutual creation of knowledge by the viewer and the viewed,

and aims toward interpretive understanding of subjects’ meanings” (Charmaz, 2000, p. 510).

Grounded theory followers are an anomaly in forensic psychology research, of the

few studies using this approach some have adopted the Straussian principles (e.g., Joyce,

Dillane, & Vasquez, 2013; McCormack, Hudson, & Ward, 2002), some prefer the

constructivist model (e.g., Reynolds, 2012), and others have opted for a combination of the

two (e.g., Webster & Beech, 2000). The blending of approaches can be challenging, with

some authors contending that “boundaries between the two should be maintained rather than

a synthesis attempted” as it may “violate the philosophical underpinnings of both” (Heath &

Cowley, 2004).

For the purposes of the current research, a constructivist approach was adopted for
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several reasons. Firstly, CGT reflects a shift toward social constructivist and postmodernism

doctrines and as such was deemed to be more compatible with contemporary styles of

thinking (McCann & Clark, 2003a; McCann & Clark, 2003b). Second, CGT takes into

account the broader environmental and contextual (i.e., macro) factors that may influence the

phenomenon under investigation, encouraging the production of theory that is both relevant

and compatible to the research setting. Third, as with all grounded theory approaches, the

constructivist framework enabled for theorising in a novel area of research through the

production of a middle-range theory that was ‘grounded’ in the data – identified in, and

developed in relation to, the interpretation of people experiencing the phenomenon (Gephart,

2004). Finally, and most prominently perhaps, was the researcher’s own acceptance of the

effect of the subjective interrelations between the researcher and the participant on the

construction of meaning (Hayes & Oppenheim, 1997). Thus, for the purposes of the current

research the researcher acknowledged herself as a constituent of the research endeavour,

having the disposition of a research apparatus rather than an impartial observer.

3.2 Methodological Tenets of Grounded Theory

In developing the grounded theory method, Glaser and Strauss drew on the

philosophical traditions of pragmatism and early symbolic interactionism (Suddaby, 2006).

The adoption of the pragmatist stance resulted in the rejection of the existence of a scientific

truth and the acceptance of science as an act of observation. The adopted tenants of symbolic

interactionism led to the rejection of the behaviourist notion that human behaviour could be

entirely explained and understood through observation of external stimuli (Locke, 2001). By

placing the interpretive process at the core of scientific inquiry, grounded theory was

presented as a practical research method that could analyse “the actual production of

meanings and concepts used by social actors in real settings” (Gephart, 2004, p. 457).

Hood (2007) argued that the philosophical underpinnings offered by the pragmatism
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and symbolic interactionism traditions can be seen in the three central pillars of the grounded

theory method – constant comparison, theoretical sampling, and theoretical saturation. In

constant comparison, data are collected and comparatively analysed simultaneously. Charmaz

(2006) described this process as “taking comparisons from data and reaching up to construct

abstraction and then down to tie these abstractions to data” (p. 181). In this way, the CGT

method produces qualitative codes that arise from or within the data. Theoretical sampling

dictates that any decisions made about data selection must be determined on the basis of the

theory that is being developed rather than on pre-determined hypotheses. Theoretical

sampling is informed by the logic of abduction, in which iterative processes of induction and

deduction drive theory development. Finally, the development of theory occurs through the

theoretical saturation of categories identified in the data by the researcher. The GTM aims for

analytic generalisability, as such grounded theorists make claims about the plausibility of the

theorised elements, not their expressions in a population.

Bryant and Charmaz (2007) agree that the GTM was a profound methodological

development but contend that the initial formulation of the method maintained elements of

the positivist, objectivist tradition. They dispute the contention that there is a reality that is

“unitary, knowable, and waiting to be discovered” (p. 34) and propose that the researcher’s

interpretation supplements the iterative spiral of purposive data gathering and analysis. The

back and forth movement between the data and the conceptual elements being developed

encapsulate the assumption that the phenomenon being investigated is born out of a complex,

ambiguous and dynamic vacuum within which “answers become questionable and questions

ultimately produce answers” (Strauss, 1993, p. 19). The core thesis of GTM states that the

universe is “marked by tremendous fluidity; it won't and can't stand still. It is a universe

where fragmentation, splintering, and disappearance are the mirror images of appearance,

emergence, and coalescence … nothing is strictly determined” (Strauss, 1993, p. 19).


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Consequently, any methodology that attempts to understand such a complex phenomenon

must be one of complexity itself (Charmaz, 2000) rather than one that is cloaked in positivist-

oriented claims. For this reason, numerous practical considerations need to be taken into

account to insure the materialisation of research aims. The following section outlines the

practical issues pertaining to the research question, data collection, data analysis, and memo-

writing.

3.2.1 The research question.

A grounded theory study begins with a statement identifying the topic area, conceived

only “in terms of a general disciplinary perspective” (Dey, 1999, p. 3). The research question

sets forth the parameters of the research project and is typically pitched at a descriptive rather

than explanatory level to strategically avoid the offering of any specific hypotheses. Open-

ended statements are employed to provide for sufficient flexibility and freedom. This scope

for divergence is met with restraint to limit distraction offered by unrelated or unproductive

avenues likely to lead to infinite pathways. From this initial opening, the study continually

narrows toward an area of particular concern: with action and process (e.g., ‘How do people

do x?’) and states and conditions (e.g., ‘Why do people do x?’) being the primary motivators

(Strauss & Corbin, 1990).

3.2.2 Data collection.

Grounded theory is compatible with a variety of data collection techniques including

interviews, observations, videos and focus groups. Regardless of the chosen technique/s the

key to data collection is the principle of theoretical sampling, a critical strategy for building a

grounded theory that asks the questions of ‘What groups or subgroups do I target next?’ and

‘For what theoretical purpose?’ (Glaser & Strauss, 1967). While early stages of data
POLICE OFFICER DECISION-MAKING 100

collection call for openness and flexibility, theoretical sampling leads to the refinement and

ultimate saturation of existing and increasingly analytic categories. Theoretical sampling

manifests itself through continued sampling and coding of data until novel instances of

variation for existing categories cease to emerge (Charmaz, 2006). At this point, a handful of

categories and subcategories encapsulate the bulk of the available data. It is important to note

that although many researchers strive for complete saturation of categories, modifications and

changes in perspective may occur at any time;

When generation of theory is the aim, however, one is constantly alert to emergent

perspectives, what will change and help develop the theory. These perspectives can

easily occur on the final day of study or when the manuscript is reviewed in page

proof: so the published word is not the final one, but only a pause in the never-ending

process of generating theory (Glaser & Strauss, 1967, p. 40).

3.2.3 Data analysis.

Data analysis in qualitative research involves systematically alienating the properties

of concepts whilst simultaneously contrasting them with incoming information. Coding

constitutes the most primitive of such processes and serves as “the pivotal link between

collecting data and developing emergent theory to explain these data. Through coding, you

define what is happening in the data and begin to grapple with what it means” (Charmaz,

2006, p. 46) – ergo refining the dimensions of the research problem. Essentially, coding

refers to the attachment of linguistic labels to textual data (Schwandt, 2007), allowing for

analytical meaning to transpire.

The coding procedures of the grounded theory method consist of at least two principal

phases: (i) an initial phase involving the labelling of each word, line or segment of data,

followed by (ii) a focused and selective stage that utilises the most prominent or frequently
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occurring codes to sort, synthesise, integrate, and organise the rich textual data. It should be

noted here that coding paradigms vary notably across the established schools of thought. The

Glaserian approach comprises three stages – open coding, selective coding and theoretical

coding (see Glaser, 1978; 2005). Strauss’ strand also consists of three, albeit vastly disparate,

stages – open coding, axial coding15,16 and selective coding (see Strauss & Corbin, 1990).

Given adherence to CGT, the current research will place focus on the coding procedure as

posited by Charmaz (2006).

According to Charmaz (2006), coding begins with an initial phase of analysis wherein

the researcher remains open to all possible directions indicated by the data. Charmaz (2006)

encourages researcher curiosity and the asking of questions such as: ‘What is this data a study

of?’, ‘What does the data suggest?’, ‘From whose point of view?’ and ‘What theoretical

category does this specific datum indicate?’ (p. 47). The presumption within these questions

leads the researcher to code data as action, such that some codes constitute lower level

abstractions (i.e., descriptive codes) whilst others fashion higher level abstractions (i.e.,

analytic codes). Descriptive labels – perhaps derived from words and/or phrases used in vivo

- are attached to discrete instances of phenomena and new, low-level categories frequently

arise. As coding progresses, the researcher is able to form higher-level categories that

systematically integrate the lower-level categories into coherent, analytical units. This coding

paradigm allows categories to be arranged in a hierarchical way, such that some constitute the

core whilst others lie in the periphery.

For many grounded theorists, line-by-line coding constitutes the first key step (Glaser,

15
Strauss and Corbin (1998) define axial coding as the act of “relating categories to subcategories along the
lines of their properties and dimensions” (p. 124). For an extensive description of axial coding refer to Strauss
(1987).
16
Although CGT does not necessarily oppose the application of axial coding, it was not explicitly utilised in the
current research. The primary reasons for this pertained to its overly restrictive nature and its loss of prominence
in the most recent publications proceeding from eminent followers of Straussian grounded theory (see Corbin &
Strauss, 2008).
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1978)17, giving new insights into the data (Holton, 2007) and reducing the likelihood that the

researcher merely superimposes his or her preconceived notions (Charmaz, 2006). Key to this

process is the concept of interpretation or the identification of multiple meanings of an event,

object or experience that enables for the identification of themes which best consolidate the

content of the raw data (Denzin & Lincoln, 2008b). Given that constructivism “assumes the

relativism of multiple social realities, recognises the mutual creation of knowledge by the

viewer and the viewed, and aims toward interpretive understandings of subjects’ meanings”

(Charmaz, 2000, p. 510) coding unequivocally represents the analyst’s impressionistic

understanding of what is being described in the experiences, words, and interactions

expressed by the participant. However, this is not “an imprimatur for anarchy or for

ignorance” (Sandelowski, 1994, p. 58), qualitative researchers are not free to make wild

forays into fancy; nor can they be ignorant of the logic and aesthetic of their research method

(Sandelowski, 1994). Rather acknowledging that “there is a difference between an open mind

and an empty head” (Dey, 1999, p. 251) denotes the need to present evidence for derived

conceptualisations - achieved through the iterative process of the CGT method and ongoing

reflective journaling.

Whatever unit of data (e.g., line-by-line, sentence-by-sentence, paragraph-by-

paragraph, and page-by-page) is being used in the coding process the task requires ongoing

interaction with, and immersion in, the data “to dissect them meaningfully while keeping the

relations between the parts intact” (Miles & Huberman, 1994, p. 56). To ensure that coding

maintains momentum, the researcher constantly swings back and forth between the

identification of similarities among, and differences between, emerging categories (i.e.,

constant comparative analysis). Constant comparison ensures that the researcher does not

17
By 1992, Glaser disavowed line-by-line coding, stating that it leads to an overconceptualisation of the
incident and generates too great a number of categories and properties (p. 40). Nonetheless, he argued that it is
at the researcher’s discretion to select the most pronounced codes and compare these across incidents.
POLICE OFFICER DECISION-MAKING 103

merely build up a collection of categories but rather anatomises them into smaller units of

meaning to unveil the full diversity and complexity of the data.

New, fruitful categories that emerge from this early stage of data analysis serve as the

focus for further data collection. Sampling is thus theoretically oriented, with a strong

direction toward conceptual theory. This is termed theoretical sampling and commonly

defined as “the process of data collection for generating theory whereby the analyst jointly

collects, codes and analyses his data and decides what data to collect next and where to find

them …” (Glaser & Strauss, 1967, p. 45). It is the checking of emerging theory against reality

through the sampling of incidents that may challenge or elaborate its developing claims.

Interlinked closely with this propensity to be true to the data is the doctrine of

theoretical sensitivity. Theoretical sensitivity refers to the personal qualities of the researcher

and points to an awareness of the subtleties of meaning - “having insight, the ability to give

meaning to data, the capacity to understand, and capability to separate the pertinent from that

which isn’t” (Strauss & Corbin, 1990, p. 42). It allows the researcher to move from a

descriptive to analytic level, developing a theory that is grounded, conceptually dense and

amiably integrated. Knowledge gained from existing literature can enhance sensitivity to

subtle nuances in data. However the researcher is discouraged from becoming enamoured

with previous work so as to avoid imposing it on the data. As Becker (1986, p. 149) stated

“use the literature, don’t let it use you”.

Focused coding (referred to as selective coding by both Glaser and Strauss) comprises

the second phase; herein the codes become more directed, selective and conceptual

(Charmaz, 2006). The most significant and/or frequent codes are applied to sort, synthesise,

and explain large units of data allowing for events, interactions, and perspectives that were

not previously lucid to come into view. The focused coding stage may prompt a return to

open coding, especially so if compelling avenues of exploration arise.


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The final phase of coding is referred to as theoretical coding and occurs when core

categories have become saturated. Theoretical codes conceptualise underlying social

processes at an abstract level such that patterns of behaviour are identified and related. The

coding procedures implemented prior to this phase attempted to fracture the data and cluster

it according to abstract similarity. Conversely, theoretical coding attempts to knit the

fractured pieces back together to conceptualise causal relationships between the derived

hypotheses (Glaser, 1992). In other words, theoretical coding is the process by which

identified codes are related to each other and their relationships examined.

3.2.4 Memo-writing.

“Memos and diagrams begin as rather rudimentary representations of thought and

grow in complexity, density, clarity, and accuracy” (Corbin & Strauss, 2008, p. 118)

ultimately constituting a vital element of theory development. Memo-writing can be

understood as the researcher’s private diarising that often renders a disparate vantage point.

Recording the definition of categories, providing justification for chosen labels, tracing the

emergent relationship between categories, and communicating the progressive assimilation of

higher- and lower-level categories endorses integrative awareness of the emergent theory.

Memos can be long or short, abstract or concrete, integrative or original, graphical or verbal -

nevertheless, they must be dated, contain a heading, and specify to which section/s of data

they pertain. Diagrams serve a similar function - representing thought through visual

depictions that capture concepts at their most bare and fundamental level.

Table 10 and Figure 2 provide examples of a memo and a diagram produced by the

researcher during the course of data analysis. The memo in Table 10 highlights the

researcher’s reflections on the coding process as it related to a particular segment of a

particular interview. It emphasises how the researcher’s impressions about a particular


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experience were analysed. Figure 2 depicts a diagram formulating the conceptual

relationships between situational features, physiological arousal and decision-making. Such

diagrams were commonly drawn to record the researcher’s thoughts regarding higher-order

concepts.

Table 10. A memo for an interview conducted in the current research.

12th of December 2014


Coding
"I didn’t bother them trying to get details at that stage", not sure how to
code this line. Seems to me to indicate a decision point at which the officer
decided not to seek further information from the paramedics. He decided
on this as he perceived them to be occupied with tending to the injured
victims. This may indicate that he perceived the health of the victim as
paramount. However, he later goes on to state that the paramedics were
female and expresses concern regarding this. It is possible that he did not
believe the information gleaned from the paramedics would be viable.

I am not sure where this fits. I don't think I have an existing category that
encapsulates this kind of decision point. It does not entirely fit the
'ambulance' code as the decision point does not directly relate to the fact
that the informants were paramedics. It does not fit the 'information' code
perfectly either as it relates mostly to lack of information. In this case he
could have had access to the information had he gathered it from the
paramedics. I will place this data under heuristics and biases for the present
moment as I believe it was a "shortcut" decision based on his previous
dealings with paramedics and other interorganisational members.
POLICE OFFICER DECISION-MAKING 106

Figure 2. A sample diagram used as part of reflexive practice.

Immediate threat & high time pressure or


unexpected
Physiological
reaction/stress

Clouded thinking
Mod level of threat & low-mod time pressure
or highly distressing

Acting on own
Mild level of threat/low-mod time pressure
instinct/ less to do
with partnership

Memory loss/High level of stress leads to disoriented state


Options unclear
May take some time to “snap out of it” and focus on the situation
Training/experience consolidated into decision-making, rational
options considered and most appropriate chosen.
Management of situation primary focus.
Junior officers may struggle here, limited experience means they have
few templates to apply to situations. Mentoring very beneficial here.
Threat seems to comprise; weapon presence, number of offenders,
and demeanour of offender/s
POLICE OFFICER DECISION-MAKING 107

3.3 Summary

Grounded theory involves the progressive identification and integration of categories

of meaning from data that “happens sequentially, subsequently, simultaneously,

serendipitously” (Glaser, 1998, p. 1). This process is concisely encapsulated in Fernandez’s

(2004) high-level model, which highlights the iterative spiral of purposive data gathering and

analysis. This spiral drives a process through which the researcher constructs, assesses, and

develops theoretical concepts that become increasingly abstract. The back and forth

movement between data and the conceptual elements being developed continues until a

theory, that accounts for all variation, has been constructed.

It should be noted that the method has been criticised by those prescribing to the

positivist tradition who often claim that the move away from the objective truth and towards

the doctrine of verstehen18 has led to biased, small scaled, and error prone research. The

accuracy of recall is often argued to deduct from the accuracy of research findings (Nagurney

et al., 2005) with the fallible nature of human memory perceived as a severe constraint on

reliability. The development of guiding frameworks (e.g., Elliott, Fischer, & Rennie, 1999)

has been deemed frivolous given the necessary reliance on researcher judgment – likely to be

impacted by a host of subjective factors such as the skill, insight, capabilities, experience, and

style of each analyst (Patton, 1990).

Although strict adherence to the traditionally defined principles of validity and

reliability cannot be achieved in qualitative work, several writers have demonstrated how

qualitative researchers can incorporate measures to increase the rigor and trustworthiness of

qualitative research (Lincoln & Guba, 1985; Silverman, 2001). An assessment of how well

the criteria were managed in the current thesis is provided in Chapter V.

18
Verstehen is a German term coined by the German philosopher and historian, Wilhelm Dilthey. The term
encapsulates the aim of the human sciences, that is, to understand meaning from the agent’s point of view
(Schwandt, 2007).
POLICE OFFICER DECISION-MAKING 108

This chapter has introduced the CGT method and set it within a methodological spiral

of the grounded theory family and the qualitative research tradition more broadly. Several

evaluative criteria and limitations of the design were outlined and will be further explored in

the following chapters. Having provided a methodological orientation for the current inquiry,

the following chapter addresses the data-collection and theory-development process as well

as the key ethical principles pertaining to the research context.


POLICE OFFICER DECISION-MAKING 109

CHAPTER FOUR: METHOD

In this chapter the processes of data collection and theoretical development are presented

within the context of Charmaz’s (2006) constructivist grounded theory (CGT) method. The

chapter addresses the strengths and suitability of the chosen approach and considers the data

from which the grounded theory of police officer decision-making was generated. The

rationale of theoretical sampling in informing the selection of data is explored and the process

of data collection and analysis is further detailed. The chapter also focuses on how the

research adhered to professional standards of ethical research practice.

4.1 Tabula Rasa

Within the field of grounded theory research, the use of existent literature represents a

critical and divisive issue. Glaser and Strauss (1967) originally recommended that the

researcher enter the field with the absence of any preconceived notions as a way of protecting

against constraint, contamination or inhibition induced by established theoretical concepts.

However, divorcing oneself entirely from all existing literature, experience, and expectation

has proven difficult (e.g., Charmaz, 2003).

Undertaking an early literature review can provide a cogent rationale for the research

endeavour (Coyne & Cowley, 2006; McGhee, Marland, & Atkinson, 2007): highlighting

pertinent gaps in existing knowledge (Creswell, 2007), contextualising the project (Urquhart,

2007), and facilitating the development of theoretical sensitivity (Denzin, 2002; McCann &

Clark, 2003b). Above all, knowledge of the literature safeguards against severe conceptual

and methodological pitfalls and aids the researcher in becoming aware of, rather than

remaining numb to, unhelpful or unjustifiable preconceptions (Maijala, Paavilainen, &

Astedt-Kurki, 2003). As Strubing (2007) noted, the fundamental point is “not whether
POLICE OFFICER DECISION-MAKING 110

previous knowledge should be used in actual data analysis; the important insight lies rather in

how to make proper use of previous knowledge” (p. 587).

For the purpose of the current thesis, the literature review was produced within the

first year of candidature – a requirement set forth by the education provider. The researcher

remained aware of the dangers posed by an early literature review, that predominantly being

the possibility of indiscriminate application of established concepts to the current data (see

Glaser & Strauss, 1967). To counteract this risk, the researcher continuously engaged in the

process of reflexivity – defined here as an active, intersubjective practice of developing self-

awareness regarding the relationship between the investigator and the research environment

(Robson, 2011). To this end memoing was utilised to encapsulate the researcher’s internal

dialogue; chronicling any changes in theoretical knowledge and demonstrating fidelity to the

worldview of the research participants. Given continued immersion in the data throughout the

latter period of candidature the researcher made the conscious decision to periodically pause

analysis and engage in other research tasks so as to allow for awareness of any subtleties to

emerge and to promote insight into the distinction between “that which is created by the

researcher and the real” (Strauss & Corbin, 1990, p. 47).

4.2 Construction of the Research Question

In the original articulation of the grounded theory approach, Glaser and Strauss (1967)

indicated that research questions ought to exclusively be borne out of the research field. For

the novice, strict adherence to this philosophy generally conflicts with various dissertation

requirements (e.g., the production of progress reports and ethics committee applications) and

is thus frequently deemed implausible. The verity of this impasse has been acknowledged and

integrated into more contemporary applications of the grounded theory method (e.g., McGhee

et al., 2007) such that it is now common practice to identify research questions prior to

entering the field.


POLICE OFFICER DECISION-MAKING 111

In the current project, initial research questions were constructed in consultation with

the research supervisors, the Victoria Police Blueprint 2012-2015 (Victoria Police, 2013) and

the Victoria Police Research Agenda (Victoria Police, 2014d) to ensure the research was

cohesive with, and complementary to, the strategic objectives and priorities of Victoria

Police. Specification of the research problem occurred with reference to the literature review.

Through this process it became apparent that the current research was seeking to investigate

how participants made decisions in fast-paced and potentially stressful encounters. The set

research questions, outlined below, were exploratory in nature and sought to investigate

processes (Maxwell, 2013):

(i) How does police officer decision-making unfold amidst dynamic and fast-paced

circumstances?

(ii) What information or strategies do police officers use to arrive at a decision

outcome?

For a detailed discussion of how these lines of inquiry narrowed and transformed throughout

the research process please refer to Section 4.5.

4.3 Developing and Testing of Research Instruments

The research interview constituted the rudimentary feature of the data collection

phase. The questions utilised to probe and generate data were founded on the initial

conceptual framework and the literature review, directing the conversation toward decision-

making. Open-ended, neutral, clear, and concise questions (McNamara, 2009) were utilised

to tap into several domains of decision-making including identification and rejection of

options, experience, training, time constraints, group dynamics, information availability and

characteristics of the suspect (see Appendix 3).

Following the development of the preliminary interview guide, pilot interviews were
POLICE OFFICER DECISION-MAKING 112

conducted with two police officers. Reflecting on this experience, it was decided that

elements of the critical incident technique (CIT; Flanagan, 1954) needed to be implemented

in order to obtain more detailed accounts and to extract tacit knowledge. The critical incident

approach refers to “an epistemological process in which qualitative, descriptive data are

provided about real-life accounts” (Di Salvo, Nikkel, & Monroe, 1989, p. 554). The routine

approach dictates that one positive and one negative incident be elicited from each participant

(e.g., Edvardsson & Roos, 2001; Redfern & Norman, 1999). The current study, however,

placed greater focus on differences in decision-making across similar incidents. As such,

participants were initially asked to recall one incident in which they felt they had to make a

quick decision with later probing eliciting similar incidents which were than compared to the

original incident.

4.4 Research Ethics

Everyone agrees that among the highest duties of academics is to make sure that the

human beings they study – fellow citizens they probe, query, prod, and palpate – are

treated with dignity and respect (Shea, 2000, p. 28).

The planning and construction of the research proposal constituted one of the first key

steps in systematically delineating the research and cementing its applicability and pertinence

to Victoria Police. It was imperative that the researcher pre-empted and clarified

methodological strategies and design issues prior to seeking ethical approval. To this end,

several meetings were held with Victoria Police. Additionally, the writer conducted

background research into Victoria Police and the policing culture more broadly (e.g.,

Cochran & Bromley, 2003; Paoline, Myers, & Worden, 2000) to establish context. From this,

the following ethical issues were identified as being especially pertinent to the collection, use,

and dissemination of data arising from the current project.


POLICE OFFICER DECISION-MAKING 113

4.4.1 Informed consent.

Defined as a person knowingly, voluntarily, intelligently, and in a clear and manifest

way giving his consent (Armiger, 1977), informed consent comprised one of the key ethical

considerations. As a means of upholding the rights and dignity of autonomous persons,

participating members were made aware of the purpose, procedure, and foreseeable risks and

benefits of the project. Participants reviewed printed copies of the Explanatory Statement (see

Appendix 4) and the Consent Form (see Appendix 5) during the pre-interview phase. Written

informed consent was judged to be too impractical for telephone interviews rather oral

consent was obtained through a pre-constructed script (see Appendix 6). Participants were

asked to sign the consent form in face-to-face interviews; participants were asked to

explicitly verbalise their willingness to participate in the case of telephone interviews.

The researcher remained acutely aware of the elements of command responsibility -

the primary constituent of which being the superior-subordinate relationship (Dempsey &

Forst, 2012). Given that this relationship type is commonly characterised by hierarchical

dynamics, there was an identified risk that superiors could utilise various control systems to

influence or encourage subordinates to participate19. To minimise the probability of coercion,

the purpose of the research project, the risks of participating, and the right to withdraw at any

time were made explicit through both written and spoken modes of communication:

I understand that my participation is voluntary, that I can choose not to participate in

part or all of the project, and that I can withdraw at any stage prior to the end of the

interview without being penalised or disadvantaged in any way (see Consent Form, p.

1, Appendix 5).

19
Coercion arises when individuals feel as though they cannot refuse to participate, if refusal causes a perceived
substantial loss to the individual, or if individuals believe that participation is not entirely voluntary (Scott-
Jones, 2000).
POLICE OFFICER DECISION-MAKING 114

4.4.2 Risk of harm.

Given the possibility that sensitive topics would be explored in depth, the risk of

emotional and other harm (i.e., social and economic) to both the participant and the

researcher were acknowledged in the early stages of the design phase. The researcher was

aware of the literature documenting the risk of harm associated with research interviews (e.g.,

Rew, Bechtel, & Sapp, 1993), particularly so as participants were asked to convey stories

possibly comprising personal and intimate properties. Conversely, the writer was also

cognisant of the considerable evidence indicating that research participants experience

interviews as validating and consistently welcome the opportunity for introspection and

growth (e.g., Ortiz, 2001). As such, to make the assumption that all interviews are potentially

harmful was to remove participant agency in its entirety. Consequently, in the current

research project participants had control over what they said, how they said it, or whether

they said anything at all (Cassell & Symon, 1998).

Several other harm-minimisation strategies were implemented:

(i) police officers who reported a current diagnosis of post-traumatic stress

disorder (PTSD) were excluded from participation;

(ii) the selection of an incident was done collaboratively, if it was perceived that a

particular incident would cause emotional discomfort another was chosen;

(iii) a debrief occurred at the conclusion of interview to gauge the participant’s

level of distress and allow for participant feedback;

(iv) participants were made fully aware of the support and welfare services

available to them, including services internal to Victoria Police as well as

those external to the organisation; and,


POLICE OFFICER DECISION-MAKING 115

(v) the researcher sought supervision during periods where personal distress was

experienced.

No participant reported distress ratings that would suggest an adverse reaction20 or trigger a

formal referral process. The researcher sought supervision from the secondary supervisor

once during the data collection phase to reaffirm a positive work-life balance.

4.4.3 Confidentiality.

For qualitative researchers maintaining participant confidentiality whilst presenting

rich, detailed accounts of social life presents as a unique challenge (Kaiser, 2009). Section

3.1.10 of the National Statement on Ethical Conduct in Human Research (National Health

and Medical Research Council; NHMRC, 2007) concisely stipulates the convention of

confidentiality in the following passage:

Participants are often easily identifiable … and the information they provide may be

sensitive. For those reasons, care should be taken that participants are not identifiable

by the information they provide, unless they have agreed to be identified. Special care

should be taken to protect the identity of participants when disseminating information

and storing material (p. 26).

In the current project, confidentiality was addressed during the design phase and at

three supplementary intervals: (i) data collection, (ii) data analysis, and (iii) dissemination of

research findings. In maximising the protection of participant identities and/or information,

the confidential nature of the succeeding interaction was made explicit at the pre-interview

phase. Research materials were stored in a restricted access area - a secure locked cabinet at

20
Highest rating of discomfort in the sample pertained to three subjective reports of “a little” anxious and one
report of “quite a bit” distressed. All other ratings fell into the “none at all” category.
POLICE OFFICER DECISION-MAKING 116

the Centre for Forensic Behavioural Science - such that access was entirely controlled by the

researcher. Given the small sample size and the use of excerpts it was fundamental that

statements provided by participants could not be attributed to specific individuals or

locations. To this end, any identifying information (i.e., names of persons, names of police

stations, identified locations, personnel rank) was removed during the transcription process

and re-examined during data analysis, with no identifying information included in this thesis.

4.4.4 Ethics approval.

A proposal was subsequently drafted and parallel applications were made to

appropriate research ethics committees. Ethical clearance was first received from the Monash

University Human Research Ethics Committee (MUHREC; see Appendix 7) and the Victoria

Police Research Coordinating Committee (RCC; see Appendix 8). With approval granted

from the RCC, an application was filed and later approved by the Victoria Police Human

Research Ethics Committee (VPHREC; see Appendix 9). Following the transition of the

Doctor of Psychology (Clinical & Forensic) from Monash University to Swinburne

University during February of 201421, ethical approval was sought and granted from

Swinburne University Human Research Ethics Committee (SUHREC; see Appendix 10).

4.5 Fieldwork

In order to develop a rich, well-scoped conceptualisation of police officer decision-

making the first key concern involved the definition of the sample universe – the totality of

persons from which cases were to be sampled. To delineate the sample a set of inclusion and

exclusion criteria were specified, stipulating that participants must have been operational at

21
In late 2012, students enrolled in the Doctor of Psychology (Clinical & Forensic) at Monash University were
informed that the program was being disestablished. The ultimate outcome was the transfer of the doctorate
program and the enrolled cohorts to Swinburne University. For the writer, this occurred at the onset of her third
year of candidature.
POLICE OFFICER DECISION-MAKING 117

the time of the interview and between the ages of 18-65 years. Officers who self-reported or

whose Sergeant identified them as being under investigation regarding a critical incident or

who were experiencing trauma symptoms at the time of interview were to be excluded from

participation. No officer that volunteered to participate disclosed having a current diagnosis

of PTSD or was involved in an ongoing investigation. No other demographic, geographical,

physical or psychological homogeneity was sought.

Frontline response by Victoria Police is provided through 54 Police Service Areas

(PSAs) and 329 stations dispersed across four regions; North West Metro, Southern Metro,

Eastern and Western (see Figure 3).The Eastern region was most represented in the current

sample, comprising seven out of the 12 (58%) stations visited22. Victoria Police data indicate

that the Eastern region comprises 17 of the 54 PSAs and 116 of the 329 stations (35%). Two

out of the 12 (17%) stations were based in the Southern Metro region, an area that has a total

of 9 PSAs and 29 stations (9%). The North West is also a smaller region with a total of 14

PSAs and 38 stations (11%). One of the 12 (8%) stations visited fell within its capacity. The

Western region was the least represented in the current sample, with only two of the stations

(17%) falling within its geography. The Western region is the biggest in Victoria, with 14

PSAs and 146 stations (45%). Access to participants in the Western region was particularly

challenging as many did not express interest in partaking in the research.

22
This did not include telephone interviews which were conducted with individual officers. The inability to
interview other members at the same station or to observe the social context made generalisability to the station
implausible.
POLICE OFFICER DECISION-MAKING 118

Figure 3. Victoria Police regions.

Source: Victoria Police webpage: http://www.police.vic.gov.au/content.asp?Document_ID=3

In selecting stations for the research project, the researcher was directed by the aim to

elicit multiple views on police officer decision-making from variously ranked officers located

across disparate stations. Initial entry into the field provided a “point of departure” (Charmaz,

2006, p. 100) and was guided by the broad questions of ‘How does police officer decision-

making unfold amidst dynamic and fast-paced circumstances?’ and ‘What information or

strategies do police officers use to arrive at a decision outcome?’

In the first collection of interviews, the concepts of experience and training were

identified as areas where differences in decision-making were particularly pronounced (see

Figure 4). To this end, both experienced and novice police officers were interviewed (see

Table 11 for a summary) to synthesise the identified concepts and formulate the emerging

categories of information processing and intuition.


POLICE OFFICER DECISION-MAKING 119

Table 11. Frequency and percentage frequency distributions of participants classified by


years of experience.

Experience (years) n %

<1 0 0%

1-5 11 25%

6-10 11 25%

11-15 5 11%

16-20 2 5%

21-25 8 18%

26-30 4 9%

≥ 31 3 7%

Through further focus and investigation, three additional lines of inquiry emerged and

prompted further theoretical sampling (see Figure 4). Prior to commencing the second round

of interviews a series of questions were designed to further explore the general themes that

had emerged from the first interviews. These included a greater focus on how experienced

officers differed in their decision-making capacity from their inexperienced counterparts,

what situational characteristics contributed to the described sense of ambiguity, and what the

identified regional variation could reveal about the police culture. Stratified sampling was

hence employed to target these specified geographical and psychological stratification

categories.
POLICE OFFICER DECISION-MAKING 120

Figure 4. Development of lines of research inquiry.

FIELD ENTRY

How do police officers make decisions? What is the process by which split-second
decisions unfold?

Initial interviews conducted with variously experienced operational police officers.

Key themes in first round of interviews

How does experience How does training impact


impact decision- decision-making?
making?

Key themes in second round of interviews

Experienced officers Situational Regional variation


engage in characteristics (e.g., third in resources,
communication, parties, police police-community
“bigger picture” partnerships and suspect relations, and
perspective, complex characteristics) impact strategic options
information processing decision-making implemented

Categories

Experienced Situational ambiguity Police culture


decision-maker
POLICE OFFICER DECISION-MAKING 121

4.5.1 Data collection.

Research participants were identified through self-expressed interest following the

state-wide dissemination of an approved email template (see Appendix 11) and the posting of

an advert on the Victoria Police intranet (see Appendix 12). The onus was thus on

participants to initiate contact (via email or telephone) with the researcher, this provided

some protection against coercion within the rank hierarchy. Subsequent to received

expressions of interest, a time and location for the interview/s were scheduled.

Face-to-face interviews (n = 38) transpired when police stations expressed interest in

participating. Telephone interviews (n = 6) took place when individual officers expressed

interest in the research, whilst the collective station at which they were based did not. All

participants received the Explanatory Statement prior to interview. Explanatory Statements

were emailed to officers engaged in telephone interviews prior to the scheduled interview

time.

Various components of rapport - “establishing trust and familiarity, showing genuine

interest, assuring confidentiality and not being judgmental” (Glassner & Loughlin, 1987, p.

35) – were deemed imperative to the interview process. Sometimes, rapport is developed

through ongoing reciprocal relationships other times during brief, one-off encounters. In the

current study, relationships with participants were ephemeral and fleeting, their purpose and

duration entirely predicated on the research interview. Consequently, rapport needed to occur

rapidly and concurrently with the interview. With such limited scope, several strategies were

utilised to encourage participants to feel at ease in disclosing their personal experiences.

During the opening of the interview, the researcher (i) clarified the purpose of the project, (ii)

discussed why the interviewee’s knowledge was sought, (iii) detailed the ways in which the

outcomes of the research may be of interest to the interviewee individually, and Victoria

Police organisationally, and (iv) assured the safeguard of confidentiality. Interest was
POLICE OFFICER DECISION-MAKING 122

commonly piqued. Occasionally, further rationale for the research topic and cause for the

researcher’s agenda needed to be demonstrated. No participant declined to engage in the

interview.

The interviewing relationship adhered closely to Weiss’ propositions (1994, p. 65),

such that the researcher and the interviewee collaborated in the production of information that

was ultimately useful to the research project. The researcher guided the areas of exploration

whilst allowing the interviewee to freely express his or her opinions and reflections. Queries

made by the researcher did not stem from idle curiosity rather targeted information that the

participant may not have otherwise made available. In being privy to the participants’ internal

and external observations, the researcher expressed genuine respect to the participants’

integrity such that their appraisals, choices, motives, and personal worth were not

interrogated or questioned.

The most fundamental component of the interview was the attainment of concrete

information regarding the research questions. To this end, participants were asked to identify

and discuss a particular incident in which the decision/s they made had a significant impact

upon the outcome of that situation. Occasionally, participants required some guidance in

developing the incident adequately. One or more of the following techniques were utilised in

such instances:

Extending: this technique was used to identify precursors or antecedents e.g., “Just

talk me through how the incident unfolded, from when you arrived to when you

deemed it to be over”, “What happened right before that?”

Filling in detail: when a participant did not spontaneously offer sufficient detail the

researcher probed for further information e.g., “Could you elaborate a bit more on

that?” “You mentioned that _____, could you walk me through that?” “So you

were_____, what happened then?” “Could you say a bit more about that?”
POLICE OFFICER DECISION-MAKING 123

Identifying actors: this technique was utilised to provide the incident with a social

context, particular attention was given to the presence of other officers and civilian

bystanders. “How many other officers were involved?”, “What was your role?”,

“Were there any citizen bystanders present?”

Consultation: given the focus on decision-making processes, it was imperative to

identify whether the participant consulted others in arriving at the decision outcome

e.g., “Did you talk through your plan with anyone else?”, “What did you partner

think?”

Inner events: this technique was used to elicit internal perceptions including emotional

state, cognitions, beliefs, assumptions, and what strivings and impulses the participant

experienced e.g., “When that was happening, what were the thoughts running through

your mind?”, “What feelings were you experiencing at that time?”

Making indications explicit: participants that answered with a gesture or facial

expression were probed for further detail by providing a reflective summary “So you

felt OK”, “You were worried”.

During the interviews the researcher engaged in active listening skills (Pearson,

Nelson, Titsworth, & Harter, 2006) in order to deepen her understanding of the participants’

preoccupations. Body language, gestures, and minimal verbal encouragers constituted primal

aspects of demonstrating the researcher’s attentiveness; phrasing and prompts were used to

further divulge reflections and insights. Occasionally, interviewees misinterpreted

paraphrasing23 for clarification. More lucid lead-in phrases such as “if I’ve understood you

properly, then …” or “just let me check that I’m with you. So you mean that …” were

23
In active listening, paraphrasing serves several functions. First, it is utilised to demonstrate to the interviewee the interviewer’s
understanding of their message. Second, it allows the interviewee to hear and respond to an interpretation of their message and, finally, to
correct or supplement their message with addition information (Louw, Todd, & Jimakorn, 2011).
POLICE OFFICER DECISION-MAKING 124

adopted in later interviews as they proved more effective in conveying the researcher’s

intention. Participants were given sufficient time to reflect on their responses; pauses were

implemented to allow the interviewee to reflect, elaborate, and not feel rushed to provide an

answer (Gordon, 1992).

Participants’ verbal and nonverbal communication cues were also monitored to

ascertain their comfort with the pace, focus, and progress of the interview. Although it was

deemed problematic to assign meaning to specific nonverbal gestures, the general

presentation (i.e., eye contact, emblems, motor movements, paralingual cues) of the

participant was considered in gauging emotional reactions. If a participant was perceived as

being uncomfortable with a particular style of questioning, the researcher adjusted her

approach (e.g., greater use of reflective statement rather than direct questions) to permit the

flow of conversation. This occurred within the context of responsive interviewing, in which

the importance of building rapport predominated.

Each interview generally lasted between 30 minutes to two hours; all interviews were

audio recorded. One interview was excluded from data analysis as it was not recorded due to

researcher error. No participant declined to be audio taped. In total, 44 interviews directly

contributed to the current collection of research. The total sample included 8 female (18%)

and 36 male (82%) operational police officers. This is largely consistent with the number of

sworn female (22%) and male (78%) members as indicated by the Victoria Police Annual

Report 2013-2014.

After a field contact there was often a need to pause and reflect. A contact summary

sheet (see Appendix 13) was utilised to guide the iterative process, identify or modify

existing codes and to re-orient the researcher to the contact when returning to it at write-up.
POLICE OFFICER DECISION-MAKING 125

4.5.1.2 Reflections on the use of telephone interviews.

Reasons of economy, time, and required access to geographically dispersed

participants made it necessary to conduct some telephone interviews. Although used less

frequently than face-to-face interviews in qualitative research (Opdenakker, 2006), the

telephone interview is nevertheless considered to be a legitimate data collection tool (Carr &

Worth, 2001; Sturges & Hanrahan, 2004; Sweet, 2002). Some literature comparing face-to-

face and telephone interviews has raised concern regarding the tendency for telephone

participants to cease contact more readily (Chapple, 1999), respond in a more acquiescent

and evasive manner (Robson, 2011), and present more cautiously in regards to self-revelation

(Tourangeau & Yan, 2007). In the current research, telephone contact resulted in shorter

interviews, such that no telephone interview exceeded 50 minutes. Greater verbal reinforcers

were also required e.g., “uh-huh”, “I see” given the absence of visual cues (Garbett &

McCormack, 2001). Although the elicitation of comprehensive and detailed responses during

telephone interviews did not pose as a distinct challenge, it is not possible to speculate as to

the differences in participants’ experiences across the two modalities.

4.5.2 Data preparation.

Largely emerging in linguistics and linguistic anthropology (Duranti, 1997), scholars

from varied disciplines (Lapadat & Lindsay, 1999; Mishler, 1984) have recognised the

centrality of transcription in qualitative research. Transcription processes can be thought of as

lying on a continuum of two dominant poles, naturalism, in which every utterance is recorded

in as much detail as possible, and denaturalism, wherein idiosyncratic elements of speech are

not transcribed. A denaturalised approach to transcription executes a verbatim depiction of

speech without fixating on intonations or involuntary vocalisations. Accuracy emanates from

the substance of the interview – the meanings and perceptions created and communicated
POLICE OFFICER DECISION-MAKING 126

throughout the conversation. This approach has found particular relevance in ethnography

(e.g., Agar, 1996), grounded theory (Charmaz, 2000) and critical discourse analysis (e.g.,

Fairclough, 2013) all of which primarily focus on the content of the interview rather than its

mechanics.

Despite the widely documented variations in transcribing processes and products

(Baker, 1997; Duranti, 2007), interview-based empirical studies rarely explicate the

theoretically-laden decision-making process of transcription. Consequently, contemporary

literature provides limited direction and guidance regarding the specifics of the transcription

process (Halcomb & Davidson, 2006). Although some grounded theorists have argued that

transcription produces large quantities of descriptive data (Glaser, 1998), many others have

contended that a combination of verbatim transcription and notation of participants’

nonverbal behaviour is central to establishing reliability, validity and veracity (MacLean,

Meyer, & Estable, 2004; Wengraf, 2001). Transcription in the current study adhered to the

latter, enabling the researcher to code from verbatim transcripts and to establish an audit trail.

Initial experiences of converting audio-recorded interviews to text posed several

difficulties, predominantly stemming from the need for advanced typing skills and familiarity

with transcription software programs (e.g., Dragon Naturally Speaking software). Inspiration

came from a colleague who suggested the use of an open source software24. Audacity

appeared to be a user-friendly tool that enabled the editing of speed and other qualities of

speech (e.g., pitch). Interviews were then imported into Audacity (version 2.0.6) directly

from a Phillips Voice Tracer. The speed of the MP3 was decreased by 30%, allowing for

segments to be simultaneously transcribed into a Microsoft Word document. The duration of

each segment transcribed ranged from 20 to 40 seconds, although longer segments of audio

24
An open source program is one that is freely available to the public and can be modified and distributed by
any user. Open source programs are often developed within a community rather than by a single organisation or
individual.
POLICE OFFICER DECISION-MAKING 127

were transcribed where speech style was marked by good quality and intelligibility. When the

comments on the recording were not clear, the notation ‘inaudible’ was made on the

transcript.

Given the situated and consequential nature of transcribing, it was decided that the

risks (i.e., error rates as high as 60%, Poland, 1995, risks to confidentiality) of outsourcing

transcription to hired transcribers outweighed the benefits (i.e., time, resources, technical

dilemmas). Transcription took place between February 2014 and December 2014, occurring

simultaneously with data collection and promoting theoretical sampling. All material relating

to the interviews was stored on either the researcher’s desktop computer located at the Centre

for Forensic Behavioural Science or in a secure locked cabinet found at the same location.

4.5.3 Data analysis.

Although software for analysing textual data has been available since the mid-1960s,

it was not until the early 1980s that qualitative researchers discovered the advantages of

computer-assisted data analysis (Kelle, 1995). The reluctance of qualitative researchers to

integrate computers into their work certainly reflected a polarity from the mainstream

methodologies of quantitative survey and experimental design, wherein the computer had

acquired the status of an indispensable aid. The advent of the personal computer incited

several qualitative researchers to develop software that could support the analysis of

qualitative data. Three decades on and the use of CAQDA software has become

constitutional, however not without controversy.

Debate regarding CAQDA’s potential methodological merits and dangers is

ubiquitous (e.g., Richards & Richards, 1991). Critics stipulate concern regarding the

computerised procedures of coding and retrieval, positing that CAQDA’s procedures fail to

integrate situational and contextual factors (Denzin & Lincoln, 2011) resulting in superficial
POLICE OFFICER DECISION-MAKING 128

and circumscribed analysis. More broadly, CAQDA is perceived as attempting to confer the

authority of science onto qualitative research in an attempt to destigmatise non-quantitative

research approaches (Weaver & Atkinson, 1994). However, CAQDA programs can also be

thought of as sophisticated index systems that allow data to be categorised, stored, and then

retrieved selectively using the codes as the criteria for selection. As content analysis rarely

focuses on the use of specific words but on ideas and meaning the writer tends to agree with

Konopasek’s (2007) conception that:

It is always you, as the analyst, who has to do the real analysis. Because only human

researchers can think. The software only provides more or less useful assistance and

support to the thinking subject. It extends the researcher’s mental capabilities to

organise, to remember, and to be systematic. (p. 277 emphasis in original text).

Independent of any particular method, CAQDA fundamentally involves the breaking

up and disassembling of research materials into pieces, parts, elements, or units. With the

data broken down into manageable pieces, the researcher engages in a process of sorting and

sifting in order to assemble or reconstruct the data in a meaningful way. Given that NVivo –

a qualitative data analysis computer software package produced by QSR - was designed for

precisely these reasons (Richards & Richards, 1991) it was utilised in the current thesis to

enter, organise, search and retrieve data as well as to code, analyse and link it (Dohan &

Sanchez-Jankowski, 1998). The researcher attended a three-day training worship in NVivo 10

for Windows (a later version of Non-numerical Unstructured Data Indexing, Searching and

Theorizing) from Swinburne University of Technology and worked through the step-by-step

animated tutorials attached to the NVivo software.

First, a project was created and all transcripts were imported from Word. In order to

restrict access to the data a confidential password was created. Coding began with the reading

and rereading of whole transcripts, making marginal annotations and highlighting text
POLICE OFFICER DECISION-MAKING 129

relevant to the research questions. After initial themes had been identified, although they had

already been well established through the process of theoretical sampling, the researcher

entered the phase of open coding.

4.5.3.1 Open coding.

For any given transcript the researcher perused the participant’s words for indicators –

any segment of text which made some assertion considered to be noteworthy was highlighted

and placed within the corresponding node (see Figure 5 for an example). The function of the

generated nodes was to store references to the coded text. Data that did not fit an existing

node or were distinct from others in a meaningful, study-important way prompted the

creation of a new node. Node labels were reviewed frequently and, typically, a slightly more

abstract name was attributed. This reflected a move towards a conceptual and structural order

that could relate the codes to one another in a coherent way whilst signifying what structural

role each performed within the context of a hierarchical node tree (Moghaddam, 2006). Clear

operational definitions were paramount to ensuring that the nodes were being applied

consistently over time.

Open coding led to the creation of nine nodes or concepts that in some way related to

the decision-making process: actor, development, junior members, organisation, partner,

region, situation, strategy, and suspect – with each having a collection of auxiliary child

nodes (see Appendix 13). In this way, open codes did not merely serve as a descriptor rather

attempted a conceptualisation of the tendencies observed in the raw data. Open coding paved

the way for the identified ideas and patterns to be abstracted and conceptualised into more

comprehensive concepts in latter stages of the analysis.


POLICE OFFICER DECISION-MAKING 130

Figure 5. Excerpt of open coding.

OFFICER: It’s part of that and it’s a part of, when you’ve been 1
Experience
doing this for a long time1 um you’ve done it so many times2
you know what I mean, it’s just a habit basically3. 2
Templates
INTER: Mm. 3
Automatic/
OFFICER: When somebody is being attacked or something Heuristics
you just do it, you jump in4.
4
Police
INTER: So your previous experience may have sort of… Culture &
OFFICER: Yea of course it did! Personality &
Physiological
INTER: So in similar incidents in the past do you think you’ve Arousal
ever done anything different?
OFFICER: In what way? 5
Strategy -
disengage
INTER: In sort of trying to separate people that are getting
physically…
6
Attitude &
OFFICER: I’ve used batons before but I try not to use a baton. Personality
I’m a very non-violent person, I don’t like to hurt people and
um so whilst that’s going on all I’m trying to do is either
secure people or get them away basically5. I’m not in there to
fight. I hate fighting6. And I’m not a puncher, I’m a wrestler. I
don’t punch people. I’ve really only ever used a baton, I’ve
never used a pistol so on anybody-oh on one bloke but that
was a long time ago, I mazed him.

4.5.3.2 Focused coding.

Having established some analytic directions through initial line-by-line analysis,

focused coding was used to synthesise and explain larger segments of data (Charmaz, 2006).

Each category was fleshed out, examining the situations in which it appeared, when it

transformed and the relationships that emerged as a consequence. It should be noted here that

due to various epistemological debates not all researchers advocate for the use of focused

coding (Charmaz, 2006). Given the constructivist stance, the current study defined focused

coding liberally primarily utilising it to examine relationships between concepts, identify


POLICE OFFICER DECISION-MAKING 131

higher order categories, and uncover dimensions such as conditions, contexts, processes and

outcomes that may have related to police officer decision-making (Charmaz, 2006).

The coding stripes function in NVivo was particularly helpful in this regard, allowing

the researcher to view nodes coded to particular segments of text. This facilitated the task of

comparing categories and concepts (Bringer, Johnston, & Brackenridge, 2006) by enabling a

visual overview of how the nodes related to one another. For example, one of the most

commonly referenced initial nodes was that of ‘rural’ geography. To develop insight into

how region may contribute to decision-making, all the data coded at this node was examined

by applying coding stripes to identify potential early relationships between other emergent

concepts (see Appendix 13). This revealed that much of the data coded at ‘rural’ geography

was often also coded at ‘community relations’, ‘rapport’ and ‘communication style’

prompting questions such as: ‘Are rural regions characterised by community-oriented

policing?’, ‘Do rurally-based officers rely more on the community to perform their duties

than their urban counterparts?’, and ‘Are rurally-based officers more likely to resolve

situations through communication / negotiation than urban-based officers?’

Questions such as these encouraged a thorough examination of specific segments of

data by searching for intersecting coding (i.e., searching for text coded at more than one

node). Queries provided a flexible way to gather and explore subtests of data in order to

identify patterns. For example, examination of the ’rural’ node coding stripes revealed that

references to ‘community relations’ were also coded at concepts labelled ‘resources’ and

‘creative problem solving’. By viewing all of the references coded at ‘community relations’ it

could be observed that officers in rural areas were more reliant on community relations as

they had limited access to resources and thus needed to engage in creative problem solving

strategies (e.g., receiving help from local community members).

The sets function also facilitated the management of data by grouping together project
POLICE OFFICER DECISION-MAKING 132

items that shared common features; indicating that the selected items shared at least one

attribute (Bazeley, 2007). For example, early data revealed instances of negative cases in

regards to training – these were placed in a set called ‘negative cases’. The set was used to

scope queries, ultimately revealing that officers who expressed positive attitudes of training

were either an instructor or had some previous experience in this capacity.

Another NVivo search tool that was used for conceptual and theoretical development

was the matrix coding query function, allowing for the investigation of relationships between

concepts and categories by searching for data coded to multiple pairs of items. For example,

in order to compare how incidents were resolved across urban and rural regions a matrix

coding query was created. The results are presented in a matrix as illustrated in Appendix 13,

where each cell displays information concerning the corresponding pair of items. The

numbers in the displayed matrix were not reflective of what strategy was actually

implemented rather what options were considered. For example, rural officers considered

specialist services more than urban officers did, however this option was only implemented

once - at all other times the option was rejected on the basis of distance and time constraints.

Thus, it was paramount to review each cell in the matrix to investigate the causes for the

relationships.

Categories were linked with subcategories through the exercise of diagramming

(Charmaz, 2000), an endeavour that proved indispensable to the formation of the substantive

theory. The NVivo model building tool was used throughout the research process to visually

examine many of the analytical observations and to summarise the theoretical and conceptual

development of the grounded theory. The memo function was used in parallel to keep a

detailed account of the ongoing sampling and analytical decisions made.


POLICE OFFICER DECISION-MAKING 133

4.5.3.3 Theoretical (selective) coding.

The codes identified during open and focused coding are compared during theoretical

coding with the aim of identifying theoretical categories that group various elements together,

identify shared properties of these elements, and expose the relationships between them. In

this process the researcher searches for elements within the data that support or disprove

emerging hypothetical relationships - testing these through the process of theoretical

sampling. Essentially, theoretical coding involves the integration and refinement of the codes

identified in the focused coding phase into a larger theoretical scheme (Glaser, 1978).

Memo-writing is emphasised within theoretical coding as a powerful tool that creates

the space for reflective practice on the concepts and categories identified in the data

(Lempert, 2007). The memos in turn may be treated as data, being coded and analysed

through the same constant comparative method in order to generate theoretical insight into

the theory under development. Glaser (1978) stressed the importance of a-priori theoretical

codes in making the researcher sensitive to subtle relationship between elements and

identified extant literature as a clear source of such sensitisation. In considering the

interpretation of theoretical coding, the current research favoured Glaser’s (1992) later

statement that every concept must earn its way into the theory rather than being directly

imported from the literature.

Though consistent memo-writing it became apparent that police officers’ strategic

responses were not only a response to the situational parameters but also reflected more

engrained cultural and individual level factors. On re-reading the transcripts, the coding, and

the associated memos uncertainty in the work place emerged as a repeatedly expressed

concern. Building on the emergent data regarding uncertainty, the importance of leadership in

manoeuvring through a highly uncertain occupational environment arose as the core category

that accounted for the variation in the patterns of police officer decision-making. Leadership
POLICE OFFICER DECISION-MAKING 134

creates variation in cultural practices and individual knowledge, dictating to a large degree

police officer behaviour during dynamic situations – either directly (i.e., through command)

or indirectly (e.g., mentoring). Once this basic social process was firmly established, the

researcher consulted existing literature for comparisons (Charmaz, 2006; Glaser, 1978).

4.6 Summary

Having introduced the CGT method in Chapter Three, this chapter examined the

research design and how theoretical sampling and the constant comparative method were

applied to the current research. Data was collected from variously located police stations

using semi-structured interviews; theory generation occurred through analytic reflection,

supported by the use of NVivo and memo-writing. The next chapter focuses on the strategies

implemented to establish trustworthiness of the analysis that is subsequently presented.


POLICE OFFICER DECISION-MAKING 135

CHAPTER FIVE: TRUST, BUT VERIFY

Validity-related issues in qualitative research have been discussed for more than half a

century (Atkinson, Coffey, & Delamont, 2003; Reason & Bradbury, 2008) and continue to be

disputed across several disciplines including psychology (Cassell & Symon, 2011),

engineering (Borrego, Douglas, & Amelink, 2009), and health (Freshwater, Cahill, Walsh, &

Muncey, 2010). Researchers wishing to take steps to enhance, assess, and document the

quality of their investigation are faced with a broad range of evaluative frameworks, each

with its own set of empiricoanalytical criteria. This dissertation was primarily influenced by

Lincoln and Guba’s (1985) conception of naturalistic inquiry, which they later acknowledged

as coinciding with constructivist grounded theory (CGT; Lincoln & Guba, 2013).

Lincoln and Guba (1985) perceived qualitative research as producing “multiple

constructed realities that can be studied holistically” (p. 37). In order to reveal these realities,

Lincoln and Guba argued that human participants must be the primary data collection source

and the setting ought to be a natural one as actors are “wholes that cannot be understood in

isolation from their contexts” (p. 39). In this context, the researcher is depicted as the primary

data-gathering instrument – the principle apparatus that encapsulates, responds to, and

describes the complex interactions observed. Given that the product of this type of enquiry is

provisional and context-specific, positivist evaluative criteria such as validity and reliability

do not carry equivalent connotations (Angen, 2000). Thus, Lincoln and Guba’s (1985)

criteria of authenticity and trustworthiness, in addition to Charmaz’s (2006) principles, were

applied to this research project. That is, credibility (reconceptualisation of internal validity),

transferability (reconceptualisation of external validity/generalisability), dependability

(reconceptualisation of reliability), and confirmability (reconceptualisation of objectivity)

were considered in evaluating the trustworthiness of the outcomes of the research. Lincoln
POLICE OFFICER DECISION-MAKING 136

and Guba’s conceptualisation was utilised as it is cited as the “gold standard” (Whittemore,

Chase, & Mandle, 2001, p. 527) in providing practical direction for qualitative investigators.

5.1 Credibility

The canon of internal validity – ensuring that a study measures or tests what it

actually set out to – constitutes an essential component of the positivist method. The

qualitative equivalent, credibility, entails conscious effort in composing accurate

interpretations of data (Carboni, 1995). Credibility asks the questions of ‘How congruent are

the findings with reality?’ (Merriam, 1998) and ‘Does the explanation fit the description?’

(Janesick, 1994). The sections below are dedicated to detailing the provisions implemented to

promote credibility of the current research.

Prolonged engagement refers to the development of an early familiarity with the

culture of the participating organisation, typically commencing prior to data collection.

Prolonged engagement is recommended partly to acquire sufficient observations to identify

any distortions that may exist and partly to develop congenial relationships with members of

the participating community. The length of time appropriate to spend in a particular context is

said to be a function of the purpose of the research and the experience of the researcher

(Lincoln & Guba, 1985) - evidently the literature provides very little in way of specific

guidance. Anthropologists conducting fieldwork in an unfamiliar culture often report

spending at least one year enmeshed in the research site (Werner & Schoepfle, 1987). This is

consistent with Stewart’s (1998) proposition that prolonged fieldwork “has customarily been

construed as 12 to 18 months” (p. 68). In the current project, prolonged engagement began

with ongoing meetings with Victoria Police, a review of the appropriate police literature, and

the development of rapport with various members of Victoria Police. The field work

encompassed 11 months, enabling sufficient time for the researcher to develop a nuanced

understanding of the culture, language, and views of Victoria Police members.


POLICE OFFICER DECISION-MAKING 137

A second means by which credibility is enhanced during data collection is through the

triangulation of sources and methods (Denzin, 2009). Triangulation is based on the premise

that no single method can adequately describe the empirical reality, thus multiple methods of

data collection and analysis are utilised to corroborate findings, ascertain validity, and

promote a deeper understanding of the identified phenomenon (Denzin, 2009; Wilson, &

Hutchinson, 1991). The former claim is deemed somewhat controversial as it assumes that

the weakness of one method can be compensated for by another and presumes that opposing

accounts can always be amalgamated. Rather than seeing triangulation as a method of

validation, the current research utilised the technique to ensure that a rich, robust, and

comprehensive account of police officer decision-making was developed.

Four kinds of triangulation contribute to the verification of qualitative analysis; (i)

ascertaining the consistency of findings generated by different data collection methods, that

is, methods triangulation; (ii) examining the consistency of different data sources with the

same method, that is, triangulation of sources; (iii) using multiple analysts to review findings,

that is analyst triangulation; and (iv) using multiple perspectives or theories to interpret the

data, that is, theory triangulation. Methods triangulation occurs at the level of research design

or data collection (Thurmond, 2001). Interviews, observations and reflexive journaling were

utilised for triangulation of methods. Comparisons and cross-checking of the consistency of

information derived at different times and by different informants was achieved through site

triangulation. That is, participants located across various police service areas were

interviewed to reduce the effect of local factors and to allow for the possible emergence of

between-group differences.

To promote authenticity of the data, member checking – the submission of material

relevant to the investigation for checking by the participants who constituted the original

source of the material (Byrne, 2001) – occurred informally during interviews through the use
POLICE OFFICER DECISION-MAKING 138

of clarifying techniques (e.g., “so what you’re saying is …”). Lincoln and Guba (1985)

posited another kind of check, one in which findings and interpretations are shared with, and

critically evaluated by, the participants during the data analysis phase (Creswell, 2007). This

method was not employed as it assumes that there is a fixed reality that can be explained by

the researcher and confirmed by the participant (Barbour, 2001) – directly contradicting the

researcher’s constructivist ontology. Ethically, reading interview transcripts and recalling the

distressing memories was assessed as likely to lead to negative emotions for the participants

(Lowes & Gill, 2006) and deemed a risk that could possibly not be outweighed by the

attained benefits.

Analyst triangulation – using more than one researcher at any research stage (Denzin,

1989) - was limited by resource constraints (the researcher entered the field as the sole

interviewer/observer). Notwithstanding, data interpretation occurred in consultation with the

research supervisors (Shenton, 2004). The meetings provided a sounding board for

developing ideas and led to the incorporation of theoretical perspectives which may have

otherwise been overlooked. The writer also attended monthly qualitative group meetings

during the fourth year of candidature, wherein further opportunities for scrutiny of the project

by colleagues and academics transpired. In addition to external scrutiny, the investigator

herself sought to evaluate the project through reflective commentary (see Appendix 13).

Negative case analysis - as recommended by various commentators (Lincoln & Guba,

1985; Miles & Huberman, 1994; Silverman, 2000) - occurred when patterns and trends that

were previously identified needed to be more thoroughly analysed by considering the

instances and cases that did not fit the original formation. Continuous searching for, and

discussion of these exceptions may have broadened the tenets, altered the tenets, or cast doubt

on them entirely. Regardless of the outcome the process ensured that contradictory data were

not dismissed rather incorporated into the theory until it accounted for the majority of cases.
POLICE OFFICER DECISION-MAKING 139

For example, the researcher discovered that several participants provided contrary

information to the general consensus that training had no effect on real life decision-making.

Upon further investigation, these differences appeared to be associated with whether the

participant was currently, or had previously worked within the capacity of an instructor. That

is, direct experience with teaching the curricula contributed to a positive attitude toward the

principles of training and increased the likelihood of their incorporation into day-to-day

decision-making.

5.2 Transferability

Regardless of the methodology adopted, researchers are expected to address the

applicability of their research results beyond the setting from which they derived (Lee &

Baskerville, 2003). Lincoln and Guba (1985) argued that it is the responsibility of the

investigator to ensure that sufficient contextual information about the field (i.e., thick

descriptions, Geertz, 1973) is provided to the reader such that they themselves can determine

how transferable the findings might be. Authors disagree on the nature and extent of

background information that ought to be offered (e.g., Erlandson, 1993; Merriam, 2009).

However, few disagree with the need to provide a full description of all the contextual factors

impinging on the inquiry (Guba, 1981). To facilitate transferability, background information

regarding the context of study is provided in the methodology chapters and Appendices (see

Appendix 13) that provides both aggregate and case specific information.

5.3 Dependability and Confirmability

Paralleling the concept of reliability, dependability refers to the stability of findings

over time across similar participants in a similar context. Detailed and comprehensive

documentation of theoretical, methodological, and analytical decisions is required to ensure

the dependability of the research findings (Koch, 2006). The researcher, thus, should make
POLICE OFFICER DECISION-MAKING 140

transparent the methods by which the data were collected, recorded, and analysed (Bowen,

2009). In producing a thorough account of the current researcher, the development of several

lines of inquiry and construction of concepts is presented through a log of all research

activities in the field (with dates, purpose, substance and outcome noted) and a log of data

analysis activity (Guba & Lincoln, 1982; see Appendix 13 for examples). To offer visible

evidence of how raw data transitioned into themes, salient concepts, and findings (Lincoln &

Guba, 1985; Koch, 2006) reflexive memos amassed the inquirer’s perceptions, insights, and

affective experiences to adduce that interpretations of the data were not merely “figments of

the inquirer’s imagination” (Tobin & Begley, 2004, p. 392).

5.4 Summary

The current chapter has argued that regardless of one’s discipline or the method

employed, validity and reliability constitute vital elements in any research endeavour. These

positivist concepts remain contested in qualitative research and are indeed entirely complex

questions. The writer acknowledges and concurs with LeCompte and Preissle’s (1993)

imploration:

Unique situations cannot be reconstructed precisely, even the exact replication of

research methods may fail to produce identical results. Qualitative research occurs in

natural settings and often is undertaken to record a process of change, so replication is

only approximated, never achieved … because human behaviour is never static, no

study is replicated exactly, regardless of the methods and designs used (p. 332).
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CHAPTER SIX: VICTORIA POLICE SOCIOLOGY

The seminal work of Westley (1970) identified the police as a “social and occupational

group” (p. 8) whose monolithic and static identity exerted considerable influence over the

working environment of the police organisation (Chan, 1999; Manning & Van Maanen,

1978). Policing scholars have since argued that the inherent uncertainty of police work results

in the conception of an obstinate culture (Manning, 1977), manifested in a layer of informal

norms and values. Contemporary scholars, however, warn against capacious assumptions –

they contend that the existence of a police culture is not definite (Cochran & Bromley, 2003)

and even in its presence may be poorly defined or exceedingly malleable (Chan, 1996).

Existing descriptions of the police culture are discernibly a reflection of the North American

context. Whether, and if so how, the concept manifests globally is scarcely scrutinised,

providing a cogent rationale for the current exploration.

The current research suggests that organisational and operational aspects of policing -

the rigid rank hierarchy and the impact of superior and peer relations - are crucial

considerations in understanding police officer decision-making. Given this, the current

chapter draws on the strengths of the utilised theory-generating method to identify the critical

elements of the Victorian Police culture before considering its implications for day-to-day

operational duties. Research participants across various geographical regions offered a range

of views on how the police culture influenced the development and augmentation of their

decision-making skills. Working within the constant comparative method (see Chapters

Three and Four), officers’ descriptions of the policing context were compared and contrasted

within and between interviews. The views presented hereafter are supported by illustrative

interview excerpts - no claims are made as to the generalisability of these views to the

broader Victoria Police populace.


POLICE OFFICER DECISION-MAKING 142

6.1 Hierarchy

Manifesting as the command of dominant and superior members, coordination and

authority comprised prominent structural arrangements of the Victorian Police culture. The

rank hierarchy was most notably highlighted through the variously prescribed roles and

powers of individual rank groups:

… our police command recognises that if you have an experienced supervisor or

commander, if they make a decision to do something then we are very careful about

criticising somebody who is senior and experienced like me, to criticise us from

making a decision based on the circumstances at the time …

Officers commonly identified the unifying role of seniority, attributing the responsibility of

social and operational coordination to senior ranks. This was said to predominantly manifest

in the communication of directives and the guiding of behaviour toward a specified goal:

But I suppose that’s in some way where the rank system is beneficial because they

expect to be told what to do by me, and I expect to be told what to do by my higher

ranking people. It’s not a free for all, it’s a structure, a system.

In the following sections, the police occupational culture is mapped according to the two

most commonly interviewed configurations of the Victoria Police structure: supervisors (i.e.,

Sergeants and Senior Sergeants) and Constables. Given that access to specialised units was

occluded, the degree of specialisation present within the hierarchy cannot be entirely spoken

to. Nevertheless, it should be noted that officers frequently acknowledged limits to their

capacity and recognised the need for specialist intervention:

I knew they are trained to do it, I know they’re equipped and I know they have the,

they have more fire power and better tactics and they’re better trained than we are.
POLICE OFFICER DECISION-MAKING 143

6.1.1 Supervisors.

Officers in this rank segment described being actively involved in the monitoring of

police officer performance and the resolution of incidents, either by attending physically or

by deploying orders over the police radio. The supervisor’s powers appeared to be a direct

derivative of the formal hierarchy, enabling for coordinated action and resource allocation to

transpire:

… the Senior Sergeant turned up and the Inspector … some more supervisors with

more rank, greater than mine, and with that they then take control …

Variation in how authority was practiced emerged as a by-product of the experience of the

police officer and the individual characteristics of the supervisor. These factors interacted to

produce two distinct types of influence: (i) unilateral, and (ii) reciprocal.

6.1.1.1 Unilateral command.

Unilateral command was characterised by the utilisation of hierarchy, rank, and rules

in the achievement of a desired set of objectives. Supervisors functioning within this

approach consistently described issuing directives through a top-down method of

communication (see Figure 6):

I direct a junior member, I need you to go and do this. I need you to give that bloke a

caution, and record the caution, and give him his rights, and if he wants to make

phone calls and things like that. If it’s a junior member I’ve got to walk him through

step by step …
POLICE OFFICER DECISION-MAKING 144

Figure 6. Unilateral police command.

The application of unilateral authority was most commonly described when experience was

unequally distributed within a dyad, as in the supervisor-novice duo. Supervisors generally

assumed that inexperienced officers were unable to function effectively or to generate novel

ideas or knowledge in the absence of directives. Consequently, supervisors described giving

detailed directions and adjusting their objectives:

… if it had been a more experienced member I probably would have done more … I

didn’t want to put him in a situation that he felt uncomfortable with … If I had

someone else that was more senior that I probably worked with a lot more … I’m

might have gone up there.

The inexperienced officers reported abiding by the directives of the supervisor, indicating a

detachment from autonomous practice and an alignment to the organisational hierarchy:

I’m relying on my partner, my more experienced partner working with me to guide

me into what my reaction should be and watching them.

Incidents characterised by time constraints and a scarce margin of error appeared to benefit

from the efficiency of unilateral command. When stakes were high and the situation was

dynamic, supervisors noted that the actions of the inexperienced officer could have had

especially detrimental outcomes. The pertinent concern was that the officer would either
POLICE OFFICER DECISION-MAKING 145

adopt the “superman” persona or otherwise “freeze” in response to a perceived threat.

Supervisors identified either reaction as inappropriate and exercised authority to ensure that

neither eventuated:

… it’s the stress, they’re quick to use other tools you know what I mean?

I don’t know how they would react that’s the thing, would they have frozen? Maybe.

Would they have chased the crook or stood there and scratched their head?

6.1.1.2 Reciprocal command.

In contrast to unilateral command, supervisors who described functioning within

reciprocal command commonly stressed the importance of participative communication,

dispensing with strict rules of hierarchy and promoting vertical information flow:

I said I’m not happy, we need to check this house, I’m not happy with this and I said

are you guys OK with coming in? … there’s consultation going on as well. Even

though I’m the Sergeant, if the three Senior Constables all said to me [name deleted] -

we’re not really happy with this, we don’t really want to do it we’d rather just wait -

then I’d sort of think about that and think OK.

Reciprocal command typically transpired between a supervisor and one or more experienced

officers. Officers’ with a considerable level of experience were perceived by supervisors as

an indispensable aid as well as a limitation on their discretionary power. Supervisors reported

being reliant on the experienced officers’ willingness to carry out specified orders. In order to

achieve equilibrium, supervisors sought to establish a collaborative partnership by

recognising the value of the officers’ input and active participation in the decision-making

process (see Figure 7):


POLICE OFFICER DECISION-MAKING 146

I’ll say well what do you think and they’ll say this, this, and this and I’ll go - didn’t

think of that, that’s a good idea lets go with that!

Figure 7. Reciprocal police command.

Supervisors functioning within reciprocal command also described imparting substantial

resources into the provision of social support, advocating strongly for the welfare of their

personnel:

I run through the members - if you need help I’m here, there is counselling, there is

welfare, if you’re worried about that go outside - go and see your own doctor, do

whatever you need to get a handle on things, don’t bottle it up …

A host of individual factors appeared to inform how each supervisor determined the best

means by which to tend to the welfare needs of his or her constituencies. Thus, strategies

varied greatly - ranging from correction of behaviour to sophisticated methods of monitoring

mental health:

… we’ve got now here basically a wellbeing register that we keep here, and it’s

basically, so we are on the system … supervisors and Sergeants got access to it so if

there’s an incident we put the details on there so we can know and keep an eye out on

the members and we know what they’ve been involved in.


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Overall, supervisors predominantly described functioning within one of the above-identified

interactional styles. Although variation in supervisory practices between officers was noted,

there was little discussion to suggest that individual supervisors employed flexibility in their

approach. That is, supervisors appeared to adhere to one type of supervisory style with little

demonstrated variation in response to situational and/or relational circumstances.

Contingency theorists have long argued that successful leadership requires adaptation

to the needs of the supervisee (Avery, 2001; Hoy & Miskel, 2005; Waugh & Streib, 2006).

Supervisory style must not only change from person to person, but also, in reaction to the

assigned task. In assigning each task, the supervisor must choose whether to direct, coach,

delegate or support the officer. As the officer becomes more able to operate independently,

the supervisor must once again adapt his or her style to foster their emerging autonomy. The

most effective supervisory style may thus be one that fits the task, the supervisor-subordinate

dyad, the context, the situation, as well as the individual officer. Ultimately, one supervisor

may embody both a unilateral and reciprocal command style: adopting either one in reaction

to the immediate environmental and situational dynamics.

6.1.2 Officers.

With a strong focus on performance, accountability, and cost-containment amidst

structural, procedural, and cultural complexities, it is not surprising that officers described

functioning under a high level of job stress. A collegial alliance appeared to emerge over

time, fostering a sense of dependability and safety amidst a tumultuous and ever-threatening

environment:

I probably usually, I talk to my partner or colleagues you know if you end up tuning

up to a traumatic event you’ve got them to sort of back you up there.


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… to know that your partner has been taught the same as you so therefore you would

expect or anticipate that their response is similar - or you would arrive … you’d be

making the same assessments and considerations at the same … at that time as well so

you, so you’re on the same page I suppose to a degree to the person you’re working

with.

Early in their career, officers described depending immensely on hierarchical control in

manoeuvring the complex social and operational milieu of the police organisation. Without

the anchoring of hierarchy, the officers noted that they would have been functioning blindly

in the day-to-day process of decision-making. As experience accumulated, however, officers

noted a corresponding shift in allegiance. They described diverting away from reliance on

supervisors and toward the collegial community – relying on fellow officers to “have my

back”:

And support from your colleagues is what I found you know only as much as 2 years

ago had I not gotten support that I got I wouldn’t be here now, I wouldn’t be in this

office now because I just would have felt you know and how do I get out of this, just

move on and start again.

… that’s part of what we do as coppers, we have to do that … we will get out of this,

and you’re coming too, build that confidence up and you get through it.

The importance of collegial affiliation was most prominently illustrated when officers

reported receiving little support from their fellow officers. This was often experienced as an

exceptionally distressing event, having subsequent negative effects on the officer’s emotional

and social well-being:


POLICE OFFICER DECISION-MAKING 149

It would have assisted me greatly to have had some support from people I’d worked

with for 5-6 years, but whether that was an instruction from whoever at the office,

don’t contact him or whatever I don’t know. It got to me, it added to what I was

already going through and just the thought, well someone might have dropped around

to see me.

This concept of solidarity did not appear to permeate rank or social category. Detectives and

Constables, for example, although principally of the same social category (i.e., the police)

expressed reservation in seeking out each other’s counsel and protection. The vertical and

horizontal divide imposed by the hierarchy was rarely contravened and pointed to a pervasive

lack of inter-rank communication. Likewise, non-police (e.g., family members) were rarely

identified as a social support. Over time, officers described ceasing to expect non-police

persons to understand the danger and unpredictability of their occupational environment:

I don’t get into talking much with family about what’s going on but yeah I kind of

keep work here and separate, don’t really talk about it and my wife doesn’t want to

know anything about it so.

I found that I felt I was just talking to somebody that was giving me excuses, they

don’t work in the field, they don’t understand … I just thought they’re not making me

feel better about anything, whether they could’ve I don’t know. If I was to sit down

with a colleague they’d go - oh yeah I know and they’d sympathise and empathise.

Officers described a sense of belonging and cohesion that developed as part of rank

membership. It appeared to derive from both common experiences encountered in the field

and through the inherent social learning process that diverted officers away from the

organisational hierarchy toward the collegial community. Belonging was most commonly

seen as the consequence of a need for insulation from the omnipresent threat of danger that
POLICE OFFICER DECISION-MAKING 150

could not be identified in advance. Officers indicated that over time they had come to believe

that the only people who could be counted on in problematic situations were not their

supervisors or the organisation but other officers:

… they keep going on about police numbers, as far as you know some police stations

are short staffed, most police stations are short staffed but if Vic Pol just changed a

few policies and procedures that would take a lot of pressure and stress off the

frontline and it will actually help us but they don’t do those things. We just feel like

we’re banging our heads against the wall, that’s what I feel like anyways.

6.2 Leadership

Internal relationships, dynamics, and traditions within the workplace were described

as highly influential in shaping the outcomes of the police station and its members. The

supervisor’s leadership qualities played a key role in providing direction regarding standards

and expectations of practice as well as dictating the culture, values, beliefs, and aspirations of

the workplace. Interpersonal relationships formed critical determinants of the trajectory of

officers’ development, with many officers reporting that the most fundamental role of police

supervisors related to the establishment of a work environment that enabled them to perform

their duties to the best of their abilities.

Many of the officers interviewed noted that police supervisors needed to continually

and consistently focus on people and the nurturing of relationships. Policies, procedures and

protocols were described as being fundamental to the organisation, however the

materialisation of efficient processes and operations was said to rely most heavily on

supervisors promoting relationships:

It would probably be your local peer support officer who’s a copper and where we are

our support bloke is good. But in your bigger stations you just get lost in the mix, like
POLICE OFFICER DECISION-MAKING 151

in [location deleted] so much going on, like they’re more interested in that your paper

is up to date than how you’re travelling. So something like that would be handy or just

even for the bosses to get around a bit more and yeah like, they do it for their own

agenda and they’re all trying to get up the ladder so they don’t really care.

… you know I offer my ear I say they can say to me anything they like. Very few

members come back to me that don’t know me … I know the members here. What I

will have is members from here come to me after they’ve been at incidents controlled

by other Sergeants and run through things there, that’s a personal thing I know them

on a personal level.

In promoting relationships, officers identified effective communication as a key quality of

strong leadership. Discussions regarding planning action, testing knowledge, and debriefing

following an incident were all noted as effective platforms for the transference of tangible

and esoteric qualities from the supervisor to the officer:

… debrief the members after the training, after the scene has been cleared and I run

through what they did well and I explain why I did things and why I directed them to

do things that weren’t being done - because unless they’re told why they got told to

go and do something they have no idea why they’ve done it and that’s something that

we as an organisation have not done well for a number of years, we’re getting better

at it now …

… simple craft is being lost because it’s just not being passed on because senior

members are going out …

As agents of leadership, supervisors were perceived as being in a powerful position to

provide social support and to alleviate strain. In order for supervisor support to be of benefit,
POLICE OFFICER DECISION-MAKING 152

however, the supervisor needed to dispense with rigid rules and adherence to the hierarchical

structure. The abatement of power dynamics was said to foster open communication and

afforded the opportunity for officers to express vulnerability and engage in genuine self-

reflection:

Sometimes people have issues that have never gone away so yeah. And it’s almost

like it’s expected, it’s your job. I don’t, I agree that’s what we do. In saying that I will

carry and support you all the way through. No begrudging it, that part of the

conversation is not in their head it just stops at you’re supposed to do it.

… that’s where it’s so good in the debrief afterwards in big scenarios that you can talk

it over with your peers and your senior members, how did I go in that situation and

get that feedback.

The importance of knowledge, genuineness, and patience in leadership was distinctly

highlighted when officers described functioning under a supervisor that they perceived as

ineffective:

They don’t coach properly, don’t teach the right things, they’re not genuine about it or

they just have, they just have preconceived ideas or a chip on the shoulder and it can

really reflect on the junior members.

The importance of adequate supervisory support identified by the interviewed officers

is corroborated by existing evidence, which indicates that effective police leadership

comprises dimensions of ethical practice (e.g., Vito, Suresh, & Richards, 2011), role

modelling (e.g., Densten, 2003), communication (e.g., Brough & Frame, 2004; Butterfield,

Edwards, & Woodall, 2005), critical thinking (e.g., Meaklim & Sims, 2011), decision-making

(e.g., Densten, 2003; Hoque, Arends, & Alexander, 2004), trustworthiness (Wheatcroft,
POLICE OFFICER DECISION-MAKING 153

Alison, & McGrory, 2012), and legitimacy (Duncan, Mouly, & Nilakant, 2001). Police

supervisors play a central role in unifying the social and operational mechanisms of the police

– they are expected to facilitate the knowledge and skill development of subordinate officers,

to provide adequate social support, and to instil values in the work environment. For this

reason Victoria Police culture did not present as a monolith - it was not expressed equally

across all stations. Admittedly, all police stations shared comparable structures, equipment,

and practices espoused by Victoria Police as tools for achieving its mandates. Nonetheless,

local police station culture appeared to vary as a result of the expectations entrenched by

police supervisors:

… the experience that you get is really dependent on the stations that you go to, and

the attitude of the senior members that you have worked with when you’re at those

stations.

Patterns of economic and social mobility appeared to introduce even larger-scale variation,

such that the geographical location of the police station had a significant impact upon the

visions, priorities, and values promulgated by police supervisors and the means by which

officers fulfilled their roles and responsibilities:

I suppose entwine yourself in the community so that you know more people and

things and they then know you and get a better understanding of you that it’s not just

this bloke in a blue shirt they are human, yeah. It’s a two way street you get that from

them and they get a better understanding of us.

6.3 Geographical Variation

Victoria has a land area of over 227 thousand square kilometres yet over 75% of its 5

million residents reside within the Melbourne metropolitan area (Australian Bureau of

Statistics, 2011). The remaining population is scattered across vast rural regions, each of
POLICE OFFICER DECISION-MAKING 154

which are subdivided into police service areas (PSAs) or local area commands. Each PSA has

a number of police stations, with some rural stations staffed by only one officer (Adcock,

2002) and some small rural villages being serviced by officers located in neighbouring towns

(Jobes, Donnermeyer, Barclay, & Weinand, 2000). Throughout the iterative process of data

collection and analysis it became evident that the material conditions of policing in

geographically remote and isolated communities influenced how policing practices were

carried out. Remoteness is defined here as per the Accessibility/Remoteness Index of

Australia (ARIA) classification developed by the Department of Health and Aged Care

(1997). The ARIA methodology stipulates that rural and urban areas are defined by

accessibility to goods and services; with metropolitan areas having high access and remote

areas having very restricted access. As per this definition, the following sections outline the

unique challenges and practices present across rural PSAs and how these differed in

comparison to the challenges and practices characteristic of urban PSAs.

6.3.1 Rural PSAs.

The effects of geography alone posed a serious problem for rural police officers,

having an impact on response time or the speed in which support services could be provided.

With only a few police officers covering large areas of land, all decisions could potentially

have had serious implications on the availability of police resources. For example, an arrest

could take the arresting officer a number of hours to process:

So now I’ve got a dilemma, I’ve got him and I’ve only got three hours from the time

of the accident to get him back for a breath test, to breathalyse him, and I’m the only

one who’s got one within two to two and a half hours’ drive. I’m the only one who’s

got a breathalyser and I’m already an hour into the accident at around 7pm. So what
POLICE OFFICER DECISION-MAKING 155

do I do, I can’t … I’m the only copper there. I can’t leave the ambulance girls alone

with all these drunken idiots, who is going to look after them?

Many of the work pressures identified by rural police officers were associated with the

geographical distance from police backup and other relevant emergency and social services.

The need to maximise scarce resources meant that officers needed to be able to deal with

“anything and everything”:

I’m trying to deal with the scene, crime scene, deal with the injured people, protect

the ambos [ambulance officers], find this crook - and that was almost a 24 hour job

that!

Admittedly, precisely analysing and describing the intricacies of any localised culture is an

extremely challenging research endeavour. This is particularly so given the limited time the

researcher spent at each police station (i.e., one working day). Nevertheless, several key

features did arise as distinguishing rural from urban police culture. A key difference pertained

to the regular use of informal means of social control (e.g., engaging the family, utilising the

community as a resource) by rural officers in the resolution of incidents. This appeared to be

founded on a strong relationship between the police and the local community:

In the country you work a lot by yourself, your backup is a long way away and a lot

of the time you know the people you’re going out to see because you see those people

in shopping centres so if you’re going to punch them up … if you’re not going to treat

them with respect, it’s going to come back and bite you in the ass … the other day I

went to arrest a guy with a warrant, knocked on the door, ended up having breakfast

together because he was cooking his breakfast. you know what I mean?
POLICE OFFICER DECISION-MAKING 156

Informal control was facilitated by the fact that many officers operating in rural PSAs knew

the local residents outside of their formal working environment. As such, officers reported

knowing quite a lot about the people that they served:

I think they’re [rural stations] more involved in the community and certainly happens

to an extent in [location deleted] … smaller country towns, you know, they’re often

involved in some other way in the community whether it be the football club or even

just doing the shopping so see people all the time.

So when I bought him in here he recognised me and goes - alright this guy is alright -

and he treated me a bit nicer and he was probably a bit more cooperative in

investigation and possibly led to admission and what not … Might not be so negative

towards me and that in turn - you deal with the parents and dealing with the parents, if

they see you’re being good with their kids or what not that builds a good rapport

again. We don’t hate police in general you know they’re not all bad give them a go.

Although the community was commonly described as a significant resource and an

indispensable network of information gathering and dissemination, officers emphasised that

community respect needed to be established if the police-community relationship was to be

effective. This was often done by affirming oneself as a trustworthy individual:

You can’t be pie in the sky and especially sort of a local copper. You’re judged on

your performance and you only get one shot at it, it’s about trust, reliability, and

they’ll bring it up at and so - and a lot of the trust that’s where the problem is with

policing, and if you can get it right and help them out then become the go to …

Officers working in rural PSAs reported that trust was predominantly founded on principles

of transparency and integrity:


POLICE OFFICER DECISION-MAKING 157

It would have taken a good half hour explaining, reassuring, monitoring and just sort

of keep detailing the process of what we’re going to go through and the benefits at the

end.

The need to keep promises and provide feedback was also described as quintessential:

You can say, you know, I’ve been here before, you’ve talked to me before, we’ve

gotten on well you know … I’ve told you exactly what would happen, I didn’t lie to

you.

You just work through it later on when they’ve calmed down say - we’ve had to act

this way because you acted up like that.

Given the close social ties between the police and the community, rurally-based police

officers often reported implementing policing styles that were deemed more responsive to

community needs. This in part appeared to be due to the high visibility of police decisions:

… so everybody knows everybody, you can’t just be a ruthless copper that wants to

get an end result, you’ve got to work with them.

The concept of visibility permeated the roles of both the police officer and the local resident,

such that rurally-based officers experienced heightened accountability and responsibility even

in their capacity as a community member:

… sometimes you’ve dealt with the person before and some of us live locally so you

might deal with them when you’re working and the next day you might see them at

the shopping centre and that might have an impact.

The less formal nature of rural life and the small size of many rural stations made

complex bureaucratic procedures less necessary for day-to-day operations. Supervisors


POLICE OFFICER DECISION-MAKING 158

functioning in rural PSAs generally promoted a reliance on police-community relations and

endorsed trust and integrity as foundational values. Supervisors reported that if a strong bond

with the community was established, the local residents could act as an informal network that

diffused crime and provided a far-reaching source of information when a crime did occur.

They reported that the rural police were “one with the community” and that policing without

the involvement and support of the locals would likely lead to unsuccessful outcomes. Such a

supervisory style may be said to be akin to Wilson’s (1968) service style, with a clear

preference for informal resolution methods as a means of upholding community-oriented

policing principles.

Studies of rural policing are rare (Falcone et al., 2002; Garkovich, 1991; Mawby,

2004) and of those conducted many have focussed on identifying generic crimes committed

in rural contexts (e.g., Payne, Berg, & Sun, 2005; Smith, 2004; Yarwood, 2001; Yarwood &

Gardner, 2000), with little known about the styles of policing adopted by rural police officers.

In the current research, officers operating in rural PSAs contended with a unique set of

complexities including few resources, low budgets, and limited equipment. The issues that

arose as a result of geographical remoteness appeared to create a unique rural policing style,

one that relied heavily on the ability to form effective police-community relations. This

finding prompted the query of whether rurally-based policing was the equivalent of

community-oriented policing.

6.3.1.1 Is rural policing the equivalent of community-oriented policing?

There appears to be an implicit assumption in the literature that rural policing equates

most closely with the ideal: the police live within their working environment and form a part

of the local community, making cooperation between the policing enterprise and the citizenry

a likely feat (e.g., Thurman & McGarrell, 1997). This has been argued to be particularly true

in Australia, where rural PSAs cover vast land mass (Jobes, 2002). The literature considering
POLICE OFFICER DECISION-MAKING 159

community policing in rural areas has produced conflicting results, suggesting either that

rural areas are highly amenable to community-oriented policing (COP; Falcone et al., 2002)

or that they endorse the traditional, professionalism-based style of policing (Crank, 1990;

Zhao, Lovrich, & Robinson, 2001).

Specifically, COP is defined as both a philosophical and an organisational strategy

(Trojanowicz & Bucqueroux, 1994) subsisting of four archetypal dimensions: (i) the

philosophical: the ideas, beliefs, attitudes, and values that epitomise the proposition, (ii) the

strategic: the operational concepts that translate its philosophical credence into policies,

priorities, and resources, (iii) the tactical: the concrete programs, tactics, and behaviours

implemented, and (iv) the organisational: the changes in police organisational structure,

management, and information systems needed to facilitate COP initiatives. Thus, COP is not

simply a matter of improving relationships between the police and the community – it is a

problem-solving approach that draws upon the community’s expertise in identifying and

understanding social issues that contribute to crime, disorder, and fear (Trojanowicz &

Bucqueroux, 1994). Although some rural practices could be perceived as functioning under

the auspices of COP (e.g., the focus on police-community relationships), rurally-based

officers interviewed for the current research did not appear to be ascribing wholly to COP

initiatives.

In terms of the philosophical underpinnings, the rural police stations demonstrated

general adherence to the various principles and goals of COP. Specifically, supervisors

endorsed principles of community-building, trust, and cooperation and endeavoured to

increase community satisfaction with the police. However, upon further inspection these

principles and goals were permeated by police-driven incentives rather than embodying

democratic, citizen participation initiatives. The consultation that the rural officers were

participating in was, in fact, more selective and ad hoc. Relationships with community
POLICE OFFICER DECISION-MAKING 160

members were strategic, such that they enabled for access to information and protection from

criticism:

… probably 90% of people that you’re dealing with are locals, and so yeah you get

rapport with them - sometimes they are the people that you rely on to help you with

things, might be witnessed something or heard something or been a victim. So if you

build rapport over time it can be better for you later on for investigation stuff and that.

… if you’ve treated them like an ass, then you’ll have a huge job trying to converse

with them this time.

Additionally, rurally-based officers reported that no official COP programs were introduced

to change or improve upon the delivery of police services. Given this, it would be misleading

to conclude that in Victoria, rural-based policing is the equivalent of COP. Although the

philosophical underpinnings are shared, a number of other characteristics of COP are absent.

Essentially, then, the rurally-based officers’ well-developed skills in relationship building

appeared to be the result of the conditions in which they operated. That is, strong police-

community relations served as a mechanism through which officers could implement policing

objectives.

6.3.2 Urban PSAs.

Resource availability was of much less concern to officers operating in urban PSAs

who predominantly described policing efforts as comprising of a large number of police

personnel. Back up was reported to be typically minutes away and specialist and external

services could readily be called upon to facilitate complex resolution strategies. With such

resources at their disposal, urban-based officers described having to make few efforts in

establishing strong relationships with the community:


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Doing that in town that same person starts arcking up [getting angry] and he’s 6’4 and

starts arcking up and starts pushing towards to me. I will straight away go to spray out

and I’m going to back off I’m going to move down, I’m going to come up on the air I

won’t let him get away with this when I’ve got stuff to deal with.

Yeah it’s … not rural so the only people we get to know are our regulars and they’re

fairly unpredictable with drug use and stuff. I mean you get probably 5-6 that you

know well, you get to know. So it’s not like you know everyone.

In line with this, urban officers commonly reported that they felt they were not respected by

community members:

… from my point of view it’s a lot more busy in the city, in the city everyone is go,

go, go, go, got to do this and that. So more time based and they don’t want to talk to

you and you obviously, if they commit an offence you try and talk to them. They

have, some of them have no respect at all they just - I’ve got to go!

Officers who had experience working across both rural and urban PSAs reported that when

they were working in urban (as opposed to rural) settings they were less likely to rely on

communication as a fundamental intervention strategy:

I think we jump too far into it rather than going and - because they just cordon off the

house, stand at the front, wait for other units to arrive. I don’t see, and this is just me,

I think sometimes we need to have a go and stand just around the corner of the house,

knock on the window and go – [name deleted] it’s the police, can you come out and

talk to us? And if he says no get fucked, well then we’ll come back and do it their

way.
POLICE OFFICER DECISION-MAKING 162

Consequently, when working in urban PSAs these officers reported utilising backup,

equipment, and physical restraint more frequently:

If you’ve got somebody causing issues like that and there’s backup available,

otherwise you would try and talk him down.

… spray him before you do anything else don’t go hands on just spray straight away

and let him settle.

I was the only one that had my option out - that capsicum spray. I was the only one

that had it out, it was something instinctive. I foamed her, she dropped to the ground.

Overall, rural and urban policing contexts appeared to be derivatives of cultural

differences spanning social, economic, and geographical dimensions. It is likely that the large

differences in infrastructure across rural and urban police stations accounted for some of this

variation. The urban police stations visited during the current research consisted of several

building levels and expansive office space. Most rural stations, by comparison, were

modestly sized. It is possible that such structural differences may have contributed to urban-

based officers being more sensitive to dynamics of the internal police organisation and

rurally-based officers being more familiar and responsive to the needs of the local

community, a finding echoed by previous literature (Crank & Wells, 1991; Schafer, 2009;

Schafer et al., 2009).

It is also possible that these differences in police culture are the product of

supervisory-styles. Rurally-based supervisors appeared to strongly promote police-

community relations; those operating in urban PSAs rarely identified police-community

relations as fundamental to policing performance. Previous research (see Chapter Two) has

suggested that supervisors have little effect on subordinate behaviour and are generally

reluctant to engage in monitoring or close supervision (Allen, 1982; Allen & Maxfield, 1983;
POLICE OFFICER DECISION-MAKING 163

Brown, 1988; Mastrofski et al., 1994). In contrast, the current research contends that

supervisors are generally engaged in subordinate performance and development. Although

involved, some supervisors are not necessarily effective in delivering strong leadership rather

rely on the police hierarchy to coordinate action and allocate resources.

Officers reported a desire to know that they are cared for and valued. They attested to

needing a space within which they could engage in reflection and evaluation of their

performance, either overall or in a specific domain. Officers indicated that supervisors who

offered them this opportunity created a space wherein learning was structured and regular. In

contrast, the lack of such opportunities appeared to contribute to a sense of isolation and may

have impeded upon knowledge and skill development. Multiple opportunities for the

subordinate to be given quality feedback by the supervisor are needed. In order for this to

materialise, the supervisor must invest time in direct contact with officers and invite

dialogical reflection (Brewer et al., 1994).

In discussing police leadership, officers identified the importance of opportunities to

“debrief” with their supervisor and/or their peers following an encounter they perceived as

ambiguous. The next questions that arose were thus (i) what constitutes situational ambiguity,

and (ii) what role do police supervisors play in such situations. The following chapter

presents the situational determinants of police officer decision-making and constructs the

environmental context within which police leadership plays out.


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CHAPTER SEVEN: SITUATIONAL AMBIGUITY

Police-related incidents are high risk, high stake and uncertain events that require the ability

to accurately conceptualise and respond to threat. Uncertainty in police work can be

understood as a property of any situation which, due to its ambiguity or the difficulty in

anticipating an outcome, constitutes a hindrance to the expediential and safe conclusion or

resolution of an incident. Such uncertainty was, at least in part, identified by the interviewed

officers as the product of environmental characteristics. The role of other actors, elements of

the police partnership, and various suspect characteristics interacted to create a state of

ambivalence.

As the officers interacted with, and attempted to control the public, the suspect and

the environment, several hazards arose. Estimating and resolving risk was described as the

pinnacle of complex cognitive processing: determining an action was regulated by how

officers perceived, interpreted, and evaluated various situational elements. Hence, in order to

understand police officer decision-making in the face of uncertainty, it was critical to

delineate and describe the internal (i.e., the decision-maker’s cognitive processes) and

external (i.e., the situation) factors that constituted the concept from the perspective of the

interviewed officers.

This chapter maps out the contours of the situation, identifying the presence of third

parties, the nature of the police partnership, and various suspect characteristics as elements

that introduced ambiguity into police-suspect encounters. The chapter that follows focuses on

the internal factors that created variation in how different officers arrived at different decision

outcomes amidst similarly ambiguous circumstances.


POLICE OFFICER DECISION-MAKING 165

7.1 Third Parties

Given that police decisions generally occurred in the presence of an evaluative

audience, performing less adequately than expected under the gaze of others was a fear

expressed even by the most experienced police officers. The extent to which the presence of

third parties impacted upon the assessment of the situation and the decision choice

implemented was explored. Focus was given to ambulance personnel and public bystanders

as these parties were identified as most commonly impacting upon officer decisions.

7.1.1 Ambulance personnel.

Ambulance members were described as “highly vulnerable” and in need of

“protection”. Officers indicated a tendency for this vigilance to manifest in hovering over or

remaining in close proximity to the attending ambulance member:

… my real concern was for the ambulance officers there … I knew all this just by

going back and forth and listening and talking to one of them.

Officers acknowledged that ambulance personnel operated under the same strenuous

conditions as they themselves:

… we had so many people in the area that I could not move, and the ambos

[ambulance officers] were still working on the victim at this stage … everything’s

happening right here you can’t move bodies and ambos.

Consequently, officers reported a sense of obligation and duty to protect ambulance

members:

… you’ve got to watch the backs of the ambos while these drunken idiots are around

them while they’re trying to look after these seriously injured people.
POLICE OFFICER DECISION-MAKING 166

As indicated in Figure 8, in the absence of ambulance members, officers perceived their role

as centring upon the need to provide care to any injured party. Policing tasks, such as the

Figure 8. Emergency service collaboration and responsibility.


POLICE OFFICER DECISION-MAKING 167

closing off of the area, identifying the suspect, and conducting the criminal investigation

were adjourned until ambulance members arrived at the scene. Once in attendance,

ambulance personnel were judged to have specialist knowledge and skill in tending to the

physical needs of the victim/s, thus responsibility for the injured party was delegated:

… we can start to conduct the investigation because we know that the people involved

are being taken care of by the other emergency services.

If the suspect was present, or was believed to be in close vicinity to the crime scene, many

officers reported a sense of responsibility for the safety of the ambulance personnel:

… you’ve got an offender for what we believe to be at the time a murder. There’s

also, they’ve got a deceased there that we’ve got to also look over or oversee. There’s

also ambulance personnel there … so it’s a different stress for them so we’re also

aware of them.

Generally, the two services appeared to operate in parallel. Members of each

organisation worked side by side yet each was coordinated internally by their own superiors.

This is consistent with existing literature which, although scarce, suggests that each

emergency service provider is focused on its own task agenda (Berlin & Carlstrom, 2011;

Boin, 2005). A mismatch of resources, skills, culture, processes, expectations, professional

identity, and competing demands across the organisational structures may serve as an

axiomatic obstacle to collaboration. Consequently, information was rarely shared and there

was limited discussion of how resources should be coordinated. Further examination of the

nature in which the three emergency services (i.e., police, ambulance, and fire brigade)

operate is needed to identify whether emergency management can be made more conducive

to inter-organisational communication and collaboration.


POLICE OFFICER DECISION-MAKING 168

7.1.2 Public bystanders.

The presence of bystanders - unknown civilians, family members, friends, and

companions – was commonly described as adding another layer of situational ambiguity.

Officers reported firstly assessing whether or not the bystander was at risk of physical harm.

If so, officers then described identifying the source of the risk and implementing strategies

that would manage the threat effectively:

I’m really uncomfortable with not having checked this house … I was particularly

concerned because we did have so many witnesses there and people in the street. You

got to understand, there’s probably 50 or 60 people at least standing around.

If bystanders were perceived to be at a safe enough distance to preclude them from physical

harm their presence was described as having a minimal impact upon the decision-making

process:

… you’ve got to look at where they are [public bystanders] in relation to what you

want to do … they were a fair way away.

In some cases, public bystanders – most commonly a family member - provided solicited or

unsolicited information or support to the police. For example, one officer discussed an

incident wherein the mother of the suspect was presenting as “agro [aggressive]” and “fired

up”. The presence of the suspect’s father was said to facilitate the diffusion of the highly

emotive scenario as he “calmed his wife down”, which allowed the officer to exit a

potentially hostile environment:

… we’re in a hallway so it wasn’t ideal … I just wanted to get out into space … the

husband was like stop, stop to her.


POLICE OFFICER DECISION-MAKING 169

Public bystanders did not always provide assistance, indeed their behaviour was most

commonly described as an inconvenience:

… there were also neighbours there that were trying to help the firies [fire fighters] …

how much are they helping … they obviously don’t have the right gear so I need to

keep them safe as well.

Officers that described being uncertain as to the identity of the suspect, treated public

bystanders as potential perpetrators or accomplices:

… general public witnesses and I suppose you’re thinking are these the offenders?

Are they involved?

The presence of public bystanders clearly introduced a further component of uncertainty into

an already dynamic and rapidly-unfolding situation. Onlookers were at times said to be of

some benefit to the police, particularly in sourcing information. Generally, however, the

public bystander was perceived as an unwelcomed complexity - a hindrance that needed

attending to prior to the implementation of any decision:

Kind of annoys you a little bit, especially in the residential street everyone - I don’t

know what it is about the presence of police cars, how people rubber neck when

there’s a - everyone wants to come out and have a look. We know there’s a gun, they

don’t. It’s like it doesn’t matter how many times you yell at people - can you please

go back inside - why what’s … there’s a person with a gun just go inside we’ll come

and see you later. People have this thing I want to know now, it’s like we don’t have

time for this game get inside. And the amount of people that bring their kids out, it

kills me. I just go, really?


POLICE OFFICER DECISION-MAKING 170

The effect of the presence of public bystanders on police officer decision-making has

only recently been investigated, with a particular focus on whether it influences the decision

to utilise coercive power (e.g., Garner, Maxwell, & Heraux, 2002; Paoline & Terrill, 2007;

Schuck, 2004; Terrill, 2005; Terill & Mastrofski, 2002; Terrill, Leinfelt, & Kwak, 2008). The

findings are equivocal, suggesting that the presence of public bystanders is most akin to a

two-edged sword: inducing a sense of needing to demonstrate control whilst inhibiting

coercive action to prevent public criticism. The issue of force in the presence of public

bystanders was rarely discussed by officers in the current research. Rather public bystanders

were most commonly experienced as a hindrance – gearing the decision-making process

away from incident resolution to assurance of public safety.

7.2 Police Partnerships

The centrality of trust in partnerships is evidenced across various disciplines (e.g.,

Connell, Ferres, & Travaglione, 2003; Tyler, 2003), where it is predominantly conceptualised

as a complex concept comprising both formal and informal social networks. In the current

research, trust was pervasively described as requiring both partners to submit themselves to

some level of risk - recognising and accepting the possibility that harmful consequences may

arise from the actions of the other:

… if I had been working with a different person on that day I wouldn’t have

necessarily taken that approach, it’s just that I had confidence in her and her abilities

that meant that we were both happy to…

A key determinant of trust appeared to be the partner’s level of experience. Many officers

made the assumption that if the partner they were working with had several years of policing

experience that he or she would instinctively produce competent decisions:


POLICE OFFICER DECISION-MAKING 171

It depends on the person you’re working with as well. I knew that I could rely on him

to do what he had to do and I could do what I had to do. If you had someone that

wasn’t experienced … you’ve got to let them know your thought process and what’s

required.

… if it’s a senior member I can say - give him his caution rights - and know that that

member’s going to go there and say - no you can’t call this person because it could

impact the case.

Experience appeared to form a fundamental consideration in the officers’ determination of

whether their partner could be trusted, and if so, to what extent. That is, officers reported

entrusting an inexperienced partner with very few tasks whilst they indicated a tendency to

eagerly delegate or collaboratively undertake many tasks with an experienced partner. Trust

was further strengthened when a sense of predictability was present – that is, when the officer

reported having previous, positive experiences of working with the same partner. Prior

experience appeared to enable for the establishment of a set of expectations regarding the

capabilities of the partner. Prior instances wherein the partner was perceived as making

satisfactory decisions contributed to the assumption that the partner would also respond to the

current situation competently:

We’ve been working together for a long … I always had his respect, he had my

respect we already done jobs together, alright … I knew he was able to handle

himself. I knew he was a good copper, and he’s good at catching crooks - he’s very

passionate like meself [myself].

Predictability required a high level of familiarity with the partner and appeared to be founded

on a subjective appraisal of the partner’s characteristics, personal qualities, and motives:


POLICE OFFICER DECISION-MAKING 172

I wanted to make sure when I take a team in for something like that I know who they

are and I can trust them - so they show a high level of discipline and they’re basically

not going to pull the trigger.

In their reflections of what contributes to effectiveness in partnerships, officers identified

communication as the second most vital element, after trust. Shared goals, a common

purpose, and communication were identified as critical in maintaining focus:

… we both worked together quite a bit, we both know how we think so we both

talked to each other about what’s happening …

Both trust and communication in partnerships were described as essential to effective

police work, harbouring joint commitment in the pursuit of shared objectives. This is largely

consistent with the existing inter-disciplinary research indicating that trust acts as a precursor

for team effectiveness (Costa, 2003), innovativeness (Ellonen, Blomqvist, & Puumalainen,

2008), communication (Thomas, Zolin, & Hartman, 2009), co-operation (Tschannen-Moran,

2001), and social capital (Putnam, 1995). However, the effect of the hierarchical structure of

the police force on the development of effective partnerships within individual dyads, and the

organisation more broadly, is currently unknown. The hierarchical predisposition has

produced differential status within the police rank and possibly impeded upon the

proliferation of trust. A thorough review of the inter-disciplinary literature (e.g., Dirks &

Ferrin, 2001; Perrone, Zaheer, & McEvily, 2003) is needed to ascertain whether current

principles of organisational trust can be applied to the policing sector.

7.3 Suspect Characteristics

Suspect characteristics are frequently examined by studies exploring police officer

decision-making (e.g., Alpert et al., 2007; Engel & Silver, 2001; Smith et al., 2006; Swatt,

2002), acknowledging that police behaviour is the result of a complex interaction between the
POLICE OFFICER DECISION-MAKING 173

characteristics of the parties involved as well as the situation within which officers find

themselves. Suspect demographics (i.e., race, gender, and age) are common foci. However,

the effect of suspect demeanour, social class, and intoxication during the police-suspect

encounter have become of interest in more contemporary inquiries (e.g., Engel, 2000).

Participants in the current research described a number of suspect characteristics as

contributing to the perception of an incident as ambiguous: including suspect demeanour,

drug intoxication, and mental illness. Officers’ strategic response during these encounters

appeared to be strongly influenced by the actions, comments, and demeanour of the suspect.

7.3.1 Demeanour.

The nature of interactions between police officers and suspects ranged from being

civil to involving the use of coercive powers. Encounters that were characterised by some

form of conflict were described by officers as typically involving suspects that presented with

either an ambivalent or hostile demeanour.

7.3.1.1 The ambivalent suspect.

Suspects presenting as ambivalent about police involvement were described as labile

in their attitude toward the police, with elements of aggressiveness and noncompliance

interspersed with a willingness to engage with the police. Fundamentally, however, officers

commonly assessed suspects presenting with an ambivalent demeanour as not posing an

imminent threat to the welfare of the police or any other party:

… he wasn’t a threat to me … was more verbally abusive towards us, the language

you know.
POLICE OFFICER DECISION-MAKING 174

The establishment of rapport appeared to play a key role in the strategic option ultimately

implemented. Suspects who were willing to engage with the officer to some degree were

most commonly deescalated through the use of communication:

Well that’s why I say you pick your mark, you know, just from their attitude. If it

starts up here well then you want it down here. Alright so you’ve got to bring it down,

so you talk to him that way.

I just let them talk nonsense, you know, so they settle … talk to the guy, listen mate

nothing wrong that we’re here [inaudible word] obviously we’ll go and I’ll just - you

know let them have their rant but as soon as you’re told to calm down and stuff like

that that’s all fine.

If communication proved inadequate, officers described disengaging from the situation by

creating physical distance and calling for back up:

I managed to calm him down, I decided he was quite aggressive towards me it was

better to let the backup talk to him.

7.3.1.2 The hostile suspect.

In contrast to the ambivalent suspect, hostile suspects were described as being

opposed to police involvement: commonly making explicit threats directed toward the police.

Their demeanour was frequently described as “volatile” and “aggressive”, particularly so if

they were in possession of a weapon - or an object that could be utilised as a weapon. Prior

violence (i.e., interpersonal violence, property damage) during a disparate period of the same

encounter weighed heavily in the officer’s assessment of the suspect as hostile:

… before this he was aggressive towards the police and had to be talked down.
POLICE OFFICER DECISION-MAKING 175

… he’d just been to his ex-girlfriend’s place and smashed it up so clearly he was

pretty agitated.

Strategies requiring the use of police equipment and physical tactics were infrequent:

almost exclusively occurring during an interaction with a hostile suspect. Interestingly,

officers commonly noted insufficient distance between the suspect and the officer (e.g., in the

police vehicle) as a proximal antecedent to the use of coercive force. Amidst a volatile

situation, limited distance may act as the ‘final straw’ and signal the need to utilise police

equipment (e.g., capsicum spray) in order to subdue and physically restrain the suspect before

making a formal arrest. It is possible that the physical proximity of the suspect contributed to

the objective and subjective perception of the need to apply force as a means of self-defence.

Officers appeared to make this decision through the application of existing decision rules

(e.g., having previously used equipment and/or physical tactics to resolve an incident with a

suspect presenting with a hostile demeanour), which suggested that the use of alternative

methods (e.g., verbal communication) would be ineffective. Thus, the decision to utilise

equipment and/or physical tactics was often made quickly.

The above findings are consistent with existing literature indicating that suspect

demeanour and non-compliant or resistant behaviour contribute to the strategic response of

the police and increase the likelihood that force and arrest will result (e.g., Brown & Frank,

2005; Novak & Engel, 2005; Novak et al., 2002; Swatt, 2002). The current data suggest that

the degree of the suspect’s hostility contributed to the extent to which officers were willing to

pursue the establishment of rapport and verbal communication as their primary strategic tool.

Incidents that were characterised by intense hostility and impeding violence appeared to

prime officers to focus stringently on a single goal – the safety of themselves, their partner

and community members. This is consistent with Klinger’s (1996) proposition of a threshold
POLICE OFFICER DECISION-MAKING 176

effect, wherein extreme hostility may exert a significant effect on the police response whilst

less severe forms of hostility and aggression may not.

7.3.2 Drug intoxication.

The importance of rapport is distinctly highlighted in the preceding section,

suggesting that situational ambiguity is confounded by a lack of rapport within the police-

suspect dyad. The establishment of rapport was notably more strenuous when suspects were

perceived to be drug-affected – they were typically described by officers as unpredictable and

as harbouring a strong propensity toward violence:

… they [drug-affected suspects] are just so strong…and they use all of their rage.

… especially if they’re [suspects] drug-affected on ICE, they find the strength that

they don’t usually have. They don’t feel pain like they usually do and they can’t be

reasoned with sometimes. Yeah makes it hard.

Suspects under the influence of methamphetamine (i.e., ICE) were commonly described as

being “difficult to talk to”, “completely off their tree”, “paranoid”, “hostile”, “erratic”, and

“violent”. In dealing with these incidents, officers commonly reported deferring to the use of

capsicum spray as their strategic option:

He was obviously affected by ICE and probably - a bit taller than I am, so about 6’4

and a big guy. So he was a fiery situation, my partner had pulled out our OC foam, a

large canister, and said I was going to spray it on.

I used my spray, my partner had sprayed him once and I thought well maybe I’d spray

him again …
POLICE OFFICER DECISION-MAKING 177

Interviewed officers assessed the use of alternative strategic options as likely to be

ineffective at the onset of the encounter, giving little time for a more thorough assessment of

the situation prior to the implementation of a response. It may be that officers were more

frustrated when dealing with drug-affected suspects, as they perceived being unable to

engage the suspect verbally. It is also possible that this process was reflective of established

cognitive decision rules or heuristics (Tversky & Kahneman, 1974) that specified the use of

police equipment in encounters with drug-affected suspects. Such cognitive decision rules

may have developed from previous experience with drug-affected persons wherein the

application of police equipment was deemed to be most successful. The prior experience may

then have guided judgment in the current situation, such that the officers were working under

the presumption that other, less coercive alternatives, would have been ineffective and so

quickly turned to the use of police equipment to gain control over the situation.

The existing police literature has generally identified the presence of drugs and/or

alcohol as a common occurrence among arrestees (e.g., Stetser, 2001; Taylor, Fitzgerald,

Hunt, Reardon, & Brownstein, 2001), indicating that retaliation to police involvement

commonly occurs under the influence of drugs or alcohol (Reisig, McCluskey, Mastrofski &

Terril, 2004) subsequently increasing the odds of police use of force (Paoline & Terrill, 2007;

Terrill, 2005) and having significant implications for policing nationally (Westmore, Van

Vught, Thomson, Griffiths, & Ryan, 2014) and internationally (Wilkins, Reilly, Rose, Roy,

Pledger, & Lee, 2004). Collectively, the research indicates that drug-affected suspects may be

at particular risk of police-suspect coercion or violence.

7.3.3 Mental illness.

Suspect mental illness appeared to have a similar effect to drug intoxication in

generating ambiguity. However, although officers described a sense of “not knowing what to
POLICE OFFICER DECISION-MAKING 178

do”, incidents involving persons suffering from mental illness were not frequently defined as

insoluble:

I sort of find people with mental illness there is some level of communication. If you

can find that missing point and sort of like a see saw, if you can find that balancing

point you can actually go alright with them.

“Fishing” - the process whereby officers explored numerous topics of conversation until an

amicable response was received – was the most commonly applied strategic option in

resolving an incident with a person perceived to be suffering from a mental illness. For

example, one officer discussed attending an incident wherein the suspect appeared to be

suffering from a psychotic episode. The officer made several failed attempts at

communication, with the aim of disarming the suspect. The officer then noticed a guitar in

the living room and initiated a conversation about the instrument. This led to a broader

exchange regarding musical interests and enabled for the development of rapport. The

suspect subsequently complied with police direction to “give up the knife” and “sit in the

police car”.

The current findings suggest that officers are reluctant to implement police equipment

and physical tactics in encounters involving persons experiencing mental illness. This is

consistent with contemporary U.S research (e.g., Novak & Engel, 2005), however differs

from recent studies investigating the effect of suspect mental illness and police intervention

in the Australian context (e.g., Kesic, 2011). Factors such as demeanour, hostility, and

impairment by drugs were identified as more predictive of the decision to use equipment than

the presence of mental illness. It is possible that the relationship between suspect mental

illness and police action might not simply be additive but interactive. The findings of the

current research indicate that one such hypothesised interaction is that between mental illness

and drug intoxication. Officers commonly described suspects under the influence of illicit
POLICE OFFICER DECISION-MAKING 179

substances as particularly threatening and difficult to engage. Several studies have found that

an intoxicated offender is more likely to be arrested (e.g., Stetser, 2001; Taylor et al., 2001),

however few have explored the interaction between intoxication and mental illness. One

might speculate that the combination of intoxication and mental illness may subject persons

suffering from mental illness to greater force during police intervention (Kerr, Morabito, &

Watson, 2010).

The strategic options applied in encounters with persons suffering from mental illness

inevitably varied – most likely as a result of a host of extra-legal factors as well as copious

idiosyncrasies in police discretion (Engel & Silver, 2001). The interviewed officers, however,

indicated a consistent tendency to rely on communication to de-escalate the incident.

Additional research to study the interpretation of force, resistance, and injury by all parties

involved would be beneficial in understanding physical harm during policing encounters.

7.4 Discussion

Exploring the complexity and reality of police officer decision-making at the

operational level inevitably suggests that police action is dependent upon officers’

interpretations of situational cues and the speed and skill of their response. The number of

variables which impact upon police officer decision-making are innumerable. Perception,

action, and reaction – not only of the officer but of their partner, the suspect, other attending

service providers, and any present public bystanders – were identified as impacting upon

interpretation of the incident and the assessment of threat, risk, and the strategic response.

Ambiguous situations were described as time-consuming, providing for few suitable options,

generating liability, and posing hazards for officers, the suspect, and others. Amidst the

situational ambiguity, officers described striving to attain control through various tactics –

balancing their authority with the duty to protect:


POLICE OFFICER DECISION-MAKING 180

… it’s a matter of control and duties of care and being flexible with those once you’re

calm enough and identifying them and yeah making contentions and plans to

minimise you know any risk.

Although making decisions within dynamic circumstances was widely recognised as

the most challenging aspect of policing, officers were presented with few opportunities to

discuss such experiences with their supervisors and peers. The clear absence of a structured

practice in which officers could reflect on and critically analyse ambiguous police-suspect

encounters elevates the risk of introducing systematic decision errors into the decision-

making process. This was perhaps best exemplified through the officers’ discussions of

dealing with incidents involving hostile and/or drug-affected suspects, wherein implicit

decision rules appeared to stipulate the use of police equipment and physical tactics.

Affording officers the opportunity to reflect on and analyse their – and others’ – decisions

would enable for such systematic errors to be made more conscious and for possible changes

in ways of thinking and practicing to emerge. Supervisors act as powerful gatekeepers in this

endeavour, having the authority to guide the values of the police station. By promoting a

work environment of learning from experience, supervisors are likely to instil a culture of

self-awareness, critical thinking, and problem-solving.


POLICE OFFICER DECISION-MAKING 181

CHAPTER EIGHT: THE INDIVIDUAL DECISION-MAKER

For centuries philosophers and theoreticians have attempted to build accurate models to

explain how people make judgments, decisions, and choices (Simon, 1955). It is posited here

that the assessment of situational features and the conception of uncertainty – as discussed in

the previous chapter - are wholly subjective experiences (Duncan, 1972). Decision-making

requires answers to questions such as ‘What kind of a situation is this?’, ‘What is appropriate

for me to do in a situation like this?’ and ‘What consequences may arise from this action?’

Evidently, variation will emerge as a by-product of how much importance is attached to

certain information available in the environment and the experience of each decision-maker.

Thus, in order to understand why police officers use different strategies it is necessary to

consider their idiosyncrasies.

In the naturalistic setting, decision-makers seldom balance costs with benefits - nor do

they unwaveringly strive to maximise profit. The ambiguity of the immediate situation, the

subjectivity of individual preferences, and the complexity of systemic interrelationships

almost invariably outweigh the rational process of diagnosis, evaluation, and selection of the

optimal solution (Orasanu & Connolly, 1993). The vast potential for complex interactions

between individual psychology and situational demands to unfold is undeniable.

Consequently, acknowledging the possibility of a variety in the choice of an appropriate

strategic response is vital. Accepting this contention, the current chapter posits that decision

tendencies depend on the content of officers’ knowledge structures, such that making a

particular decision is heavily reliant upon the experience and characteristics of the individual

decision-maker.
POLICE OFFICER DECISION-MAKING 182

8.1 Training

Many scholars have proposed that Academy training equips police officers with the

necessary skills to effectively manoeuvre the environmental demands of police work

(Marion, 1998; Ness, 1991) by instilling decision-making skills that can be transferred into

real-life police scenarios (Birzer, 2003; Haberfeld, 2002; Marenin, 2004). In essence, police

training is deemed a fundamental method of developing complex cognitive processes.

Officers in the current research described Victoria Police Academy training and Occupational

Safety Tactics Training (OSTT) as adhering to a traditional classroom-based form of

instruction, supplemented by role-playing for situational tactics. Skills appeared to develop

through the exposure to logically presented information within a safe, confined, and

scheduled environment:

… you get all sorts of training like that sort of stuff but it’s hard to do the theory on it

and maybe do one prac which is scripted compared to actually doing it in real life and

then actually experiencing it yourself. Like they say you learn the best by doing

something and that’s definitely true with this so.

… it’s muscle memory … if your body learns to do the same thing inside and out all

the time, you know if I’m training and that’s my natural jab, jab, jab the first thing

that happens when I need it is - what’s going to happen? My body is going to tell my

brain to switch on my consciousness, I’m going to switch off and the first thing I’m

going to do is that, because it’s how your brain reacts. So muscle memory is a, is

probably the best way to describe it. So you’re training is good and if you don’t have

that initial training you might as well go home …


POLICE OFFICER DECISION-MAKING 183

Officers acknowledged that procedural and legal knowledge was fundamental yet pervasively

posited that limited practice of eclectic planning and decision-making detracted from the

reality of police work:

… training teaches you how to do things, not when to do things [italics added] …

It is important to note this for two reasons. First, it is indicative of the predictability of the

training environment and the perception of scenarios as foreseeable. Officers routinely

described responding to this typicality with an attitude of having to merely “tick the boxes”

rather than engaging in active problem-solving. Second, it suggests that officers are more

likely to value learning that is interesting and inspiring, content that is challenging, and a

teaching environment that is engaging and collaborative:

… because in OSTT we trained in an environment that’s dull and null here in the real

world we bring that to life and you really have to bring it to life …We can train in

isolation that’s fine but we need to be able to link it back. That’s where we fall down

as an organisation.

Training instructors that participated in the current study (n = 5) were not specifically asked

to comment on their experiences of training recruits, regardless - without exception – all

reflected on their teaching style. From these discussions it emerged that instructors perceived

their role as fundamentally involving the dissemination of policing knowledge. This was

predominantly executed through the lecturing method, which instructors described as an

“effective” and “powerful” teaching tool. However, trainees provided a contradictory

viewpoint - noting that the lecturing method was passive and far removed from the reality of

policing:
POLICE OFFICER DECISION-MAKING 184

In a perfect world, and this goes back to OSTT training in a perfect world, you’d

make that phone call and another van would magically appear, process the offender,

seize the clothes … everything would be done perfectly. But we had to make the next

best option I suppose.

Instructors noted the importance of role plays and scenarios in the acquisition of critical

thinking skills. The experience of the trainees once again echoed a discrepant viewpoint –

scenarios were described as “unrealistic”, “ideal world stuff” that was not representative of

true policing practice:

… the scenarios that they will give you, whilst they are realistic, will be you’ll have

resources available in this fictional scenario that in a million years would never

happen.

The discrepancy in the experience of the instructors and the trainees may have been the result

of the trainees’ lack of motivation to learn:

… so they don’t want to be there I can’t teach them … I can’t teach them something

they don’t want to learn.

However, it is also possible that the discrepancy is reflective of a lack of effective teaching

skills:

I suppose if the person doesn’t want to teach then obviously it’s not really going to be

positive for the student, you actually might cause a negative effect. And pass it on,

pass it on.

I think, and it’s going to be different for every person that comes out of the Academy

because some of them are going to have great trainers and some of them aren’t.
POLICE OFFICER DECISION-MAKING 185

The officers’ widely reported a preference for adult learning techniques in the

classroom, a standpoint that is echoed by recent policing literature (Birzer, 2003; Clevelnad

& Saville, 2007; Olivia & Compton, 2010). A focus on physical activities and technical legal

knowledge does not appear to adequately instil critical thinking skills, the need for teaching

methods to be intellectually stimulating and to focus on the actual duties and responsibilities

of the profession were pronounced. Encouragingly, a shift away from the traditional police

training paradigm is unfolding within Victoria Police. Recruits are currently being

intermittently placed in stations during their Academy training period, fostering active

learning through the application of taught principles:

Now it’s less time out in the Academy more operation time so they’re learning and

it’s also a reward system, you know, after 12 weeks instead of after 5 months … and

for 1 week then you can sit at the police station, I get to be a police officer for that

week then I get to go back and learn some more then I get to go back and the next

time I go back I get to be a police officer by doing some more stuff and that goes on.

Nevertheless, militarism continues to be greatly enmeshed in the training curricula

limiting the scope for complex skills such as communication, problem-solving, and cultural

diversity to be imparted. Both practitioners and academics agree that the key function of

police training is to prepare officers to effectively perform their duties (Marion, 1998; Ness,

1991) yet organisational pressures can often stifle the continued review and revision of

training so that it may no longer align with changes in technology, community needs, and

organisational demands for cost effectiveness. A focus on the acquisition of skills such as

communication, relationship-building, and conflict management may perhaps be more

paramount in preparing officers for police work than solely focusing on specific responses to

one given situation or demand (Thomas, 2013).


POLICE OFFICER DECISION-MAKING 186

8.2 Experience

Although officers described training as fundamental to the acquisition of specific

skills, they noted that more complex cognitive processes (e.g., decision-making) could only

be learned through experience. Repetitive exposure to the various situational contingencies of

policing has long been posited as crucial to establishing good policing practice (Bayley &

Bittner, 1984). The fundamental contention holds that the reality police officers confront in

the field is too complex to be reduced to simple principles that can be taught in a classroom

setting - “officers commonly portray policing as being essentially a craft in which learning

comes exclusively through experience intuitively processed by individual officers” (Bayley &

Bittner, 1984, p. 35)

Taking into account individual characteristics and knowledge, it became evident that

experienced officers differed from their inexperienced counterparts in relation to the process

in which they were processing information and arriving at decision outcomes. Officers with

fewer than seven years of experience appeared limited in their ability to engage in such

processes rather relied more heavily on directives from senior members or on decisions made

jointly within a partnership. The following sections map out the information processing style

of experienced police officers and their use of intuition.

8.2.1 Information processing.

As indicated in Figure 9, the stage of the incident frequently determined what type of

information processing was adopted by experienced officers. Anticipatory information

processing occurred predominantly prior to physical presence at the scene (e.g., during the

drive to the scene). Once officers arrived, they described immediately beginning to assess the

situation in order to determine the key issues. As the situational components were
POLICE OFFICER DECISION-MAKING 187

progressively better understood, experienced officers were able to make predictions as to the

possible risks that may have transpired in the immediate future.

Figure 9. Stages of incident and types of information processing.

8.2.1.1 Anticipatory information processing.

Incidents attended by the police are inevitably defined by an unknown number of

unknown variables; the limited information provided by emergency communications does

little to remove the uncertainty. Even so, the insufficient information attained prior to arrival

at the scene was utilised by experienced officers to formulate an estimation of the situational

environment:

… before we get to the job there’s a lot of checks done and obviously we’re only as

good as the information that’s communicated and that would determine a great deal in

terms of my decision-making processes.

In anticipatory information processing, experienced officers applied information attained

prior to arrival at the scene to produce possible representations of the situation’s parameters.

The hypothetical scenarios were constructed not only on the basis of available information
POLICE OFFICER DECISION-MAKING 188

but also with regard to the officers’ prior experiences in a similar set of circumstances. Active

adaptation of these hypotheses appeared to unfold in the face of live feedback:

It’s flexible and sometimes you’ll go there and you might get a job where someone

threatens someone with a knife and you get there and that person is good as gold and

sometimes that’s exaggerated by the person making the call but you take, you take

precautions in case that it’s true …

8.2.1.2 Active information processing.

Upon arrival, experienced officers turned to active information processing to direct

their attention to the immediate environment. They described actively assessing the situation

in order to identify the key issues, construct meaning, and determine what information was

missing:

… is there any drug or alcohol involved? Whether they have a weapon or ability to

get to [a] weapon or potentially get to a weapon?

… you can see it in his face when he starts to grit his teeth and the fists come out …

steer his emotions accordingly.

When the key elements of the situation were identified, relatively simple resemblance or

goodness of fit criteria were applied to the process of categorising problems. As a means of

quickly categorising a new encounter, experienced officers described examining whether the

current situation contained traits representative of previously attended incidents. If officers

found that the current situation was in some way representative of a previous experience, they

appeared to assume that the current situation would follow a similar trajectory.

For example, one officer described an incident characterised by two persons at the

scene engaging in physical violence. The officer identified that this situation resembled
POLICE OFFICER DECISION-MAKING 189

several others in terms of the presence of a violent aggressor and a victim. The identification

of the key components of the situation led the officer to react in line with previous strategies

utilised in similar circumstances – “when somebody is being attacked or something you just

do it, you jump in”. The officer reported the objective of the utilised strategy as being “to

secure people or get them away”, previously having used batons and capsicum spray to

achieve this goal. Having identified the current situation as being reflective of a larger group

of instances wherein the common resolution strategies included the use of equipment, the

officer “threatened him [suspect] with the spray”. This was sufficient to separate the two

parties and reinforced the effectiveness of police equipment in situations characterised by the

presence of a violent aggressor and a victim.

8.2.1.3 Future-oriented information processing.

Once a diagnosis of the situation and its precursors were determined and understood,

officers applied their experience to predict possible situational outcomes. Real-time, mental

projections about how a situation may have unfolded in the immediate or very near future

were generated from the available information – referred to here as future-oriented

information processing. Officers described the concept of future-oriented information

processing as a perceptive and continuously changing anticipation of potential situational

events, with a clear focus on risk estimation:

… what if he decided to get out of bed and we’re in a corridor in a more confined

space in amongst broken shards of glass … ability to think about the what ifs too.

Experienced decision-makers demonstrated a distinct ability to hypothesise risk scenarios

whilst functioning under circumstances of severe immediacy and urgency:


POLICE OFFICER DECISION-MAKING 190

I can still slow myself to one second to think and that one second has saved me

millions of times.

… sometimes you need to just slow down and think about what’s actually going on

and not get caught up in the moment and look at the bigger picture.

Extant literature suggests that in naturalistic settings – with time constraints, changing

conditions, and stress-related influences – the decision-maker engages in a continuous

assessment of the situation (Berryman, 2008; Klein, Orasanu, Calderwood, & Zsambok,

1993). Such models emphasise situational dynamics and the decision-maker’s experience as

being key to the ability to construct, update, and revise one’s state of awareness. It is during

situation assessment that the decision-maker is posited to interpret the meaning of the

situation; inferring the reasons why the situation appears as it does, the risks that may be

present, and the actions that may be implemented.

Strategic choices are said to be identified by comparing the situation with previous

experience so that a suitable working model of the current situation can be developed

(Kirschenbaum, 1992). This process is comparable to the findings of the current research –

where decision-making occurred within a dynamic system and police officers typically

needed to engage in an ongoing assessment in order to make and implement effective

decisions.

An interesting point of difference in the current research pertained to the officers’

clear preoccupation with risk and threat in predicting possible outcomes. The existing

literature argues that the feasibility of a decision choice is the key concern of mental

simulation – for the officers in the current research the key concern was the management of

risk. Evidently, experienced officers invariably engaged in a risk assessment – considering

the suspect’s behaviour, demeanour, physical appearance, and the situational environment -
POLICE OFFICER DECISION-MAKING 191

before implementing a decision choice that aimed to mitigate future risk and ensure the

protection and safety of others and the self

8.2.1.4 Sequential information processing.

Some officers described engaging in information processing characterised by a

process of elimination that occurred in response to an option choice proving inadequate. For

example, one officer discussed being confined in a small space with an approaching wildfire

nearing the location. The officer first attempted to start the tank generator, when this was

unsuccessful he decided to use the manual pump which was later also assessed as being

faulty. Subsequently, the officer set out to search for buckets. Recognising that this would be

insufficient to control the blaze, he made further attempts to form a firebreak by using a

chainsaw. Ultimately, all options were rejected due to equipment failure. Decision-making in

this case was of a serial progression and characterised by opportunistic choices – the officer

engaged in a process wherein failed option choices served as the foundation for subsequent

option choices. Subsequent options were identified through a quick, situational appraisal

rather than a pre-contemplative and planned approach.

Incidents wherein sequential information processing was applied were typically

characterised by a life-threatening event that induced a high level of distress. Officers

reported identifying death as likely, as such ongoing cognitive activity that tuned perception,

attention, and judgment toward threat-related outcomes was abandoned. Decision-making

then began to reflect the chaotic nature of the incident itself:

Our radio here in the car isn’t working, no communication except for mobile phones.

So I chase this other guy. Back to the car, and I’ve stood with me gun in my hand.

Gun in me [my] hand for the whole time and I wasn’t even aware of it.
POLICE OFFICER DECISION-MAKING 192

Following such a distressing event, officers described being in a state of “numbness” that

lasted days or even weeks. During this post-fact period, officers described repeated analysis

of the situation accompanied by a myriad of “what ifs”:

… if I had more time I could have equipped myself with other options.

… if I had more time then I could’ve you know drawn my OSTT equipment.

Overall, situation assessment and mental risk simulation appeared to be central

cognitive mechanisms that facilitated the translation of experience into assessment and action

- a process consistently identified in the naturalistic decision-making literature (see Klein,

1999). Researchers contend that experienced decision-makers form decisions through a

combined use of mental simulation and intuitive processing, arriving at decisions without

analytically comparing the advantages and disadvantages of various options (Simon, 1955).

Consistent with the existing propositions, experienced officers in this research reported the

use of intuitive processing in discerning the key features of an incident and generating

possible risk scenarios.

8.2 Intuition: A central skill.

Intuition was a difficult aspect for experienced officers to explicitly define, it was

often referred to as a “gut-feeling”, “a sense” and “just knowing”. Descriptions differed

across accounts yet the form of an intuitive feeling was recognisable to many of the officers.

That is, experienced officers could identify what intuition felt like within themselves:

… and there was an oh fuck moment, believe you me. Let’s just jump on him it was

like oh fuck, oh shit, jump!

The majority of experienced officers described their intuition as arising mainly from

knowledge and experience (both work-based and personal). These aspects emphasised the
POLICE OFFICER DECISION-MAKING 193

cognitive elements of intuition and its tendency to involve quick appraisals emanating from

domain-specific knowledge:

I always feel it in my stomach, something just tells me - I don’t know whether I feel

sick sometimes or just go nah it’s not right it’s like butterflies. It sounds stupid but it

just feels like - you get like these silly senses that tell you nah do this or back off.

Sometimes it can be reading people, some people don’t know how to do it others do

it. I think I can generally read people pretty well, not that you see these people in a car

but you can look at them, their manner of driving and go yeah nah this one will go.

Officers described different experiences of how aware or conscious they were in terms of

their intuition. For some, intuitive perception appeared to be an involuntarily arising feeling

that enabled for information to be received and understood automatically. In this way,

information was processed so rapidly that it was difficult for experienced officers to pinpoint

exactly what it was that led to their decision:

… it’s over that quick, where is the time to think about this?

… you have to learn to switch off, do your job and think later.

Others reported being aware of their intuitive instinct and utilising this information to guide

their assessment of the situation:

Probably just a gut feeling, just that she said she seemed, she seemed quite loud from

time to time she was defensive sort of from, from the first time we’d come, she was

sort of helpful to us but at the same time - my son didn’t do it.

Intuitive processing appeared to be associated with emotional arousal, such that emotional

factors played a dominant role in triggering an intuitive, automatic type of decision


POLICE OFFICER DECISION-MAKING 194

processing. Anxiety, for example, was frequently described as being closely related to an

intuitive assessment of threat:

… we already decided that we’d have to be ready to use our firearms if we need to

because there was the threat of firearm there.

Experienced officers were ultimately able to take “that big deep breath” and meaningfully

integrate emotional contextual information into the decision process:

I suppose the more you’re exposed to those dynamic situations the more you’re able

to control your adrenaline and control your response.

The ability to “see the bigger picture” (i.e., engage in future-oriented information processing)

enabled for the conception of emotional arousal as only one source of information, reducing

the likelihood that experienced officers would react on an impulse:

… you might think that this is our job, two blokes fighting … and all of a sudden their

mates come in and you’re on the ground … we might get injured so let’s just back up

a little and see if we can get a few more people in …

… when you, you’ve got tunnel vision … just step back that one little bit, have a look

around you, what’s there, then go for it and decide what you want to do then.

The only exception to this was decision-making that occurred under extremely distressing

circumstances, for which even the experienced officers had little knowledge. Under these

circumstances the officers’ experience did not appear to have sufficient weight in moderating

emotional reactions:

… your heart’s beating out of your chest, shit we’re going to get stabbed. Yeah. Yeah

OK.
POLICE OFFICER DECISION-MAKING 195

When the job came through we both looked at each other and went what do we do?

Because I had never been called to a siege before.

The current research indicates that extensive practice knowledge strengthened police

officer decision-making skills, allowing for learned skills to be applied across various

situations and dynamics. Like other decision-makers, officers indicated a reliance on intuition

and described it as a rapid process that was experienced across various levels of

consciousness (Segalowtiz, 2007). Although they found it difficult to explicitly stipulate a

definition of intuition (Kosowski & Roberts, 2003), officers generally perceived it as a

cognitive process that relied heavily on existing knowledge and experience (Moors & De

Houwer, 2006). Few officers commented on the possibility that intuitive processing may not

necessarily produce the best possible outcome, predominantly emphasising that experience

allows for irrelevant patterns or pieces of information to be ignored and focus to be shifted to

critical situational components.

A stream of research in cognitive psychology suggests that intuitive decision-making

can be fraught with cognitive biases (Kahneman, Slovic, & Tversky, 1982; Kahneman &

Tversky, 2000; Tversky & Kahnmeman, 1974). Paradoxically, however, intuition is also

recognised as being central to the decision-making process (e.g., Dane & Pratt, 2007;

Epstein, 2010; Sinclair, 2011). Indeed, some research contends that intuition represents a

singular route toward making effective decisions under time-constraints (Hogarth, 2001;

Sadler-Smith & Shefy, 2004).

These advances notwithstanding, empirical research on intuition remains limited –

particularly so in the policing sector. While it is argued that, under certain circumstances,

there is merit to employing intuitive information processing (e.g., Kahneman & Klein, 2009),

there is a persistent lack of understanding and consensus about what these circumstances may

be. Although there is some compelling research on how intuition works (e.g., Zsambok &
POLICE OFFICER DECISION-MAKING 196

Klein, 1997), the conditions under which it works best within the policing context and how to

improve its practice are yet to be explored.

8.3 Individual Characteristics

Over half a century of research in psychology, economics, and related fields has

indicated that decision-making in the real world deviates systematically from normative

standards of rational choice (Kahneman & Tversky, 1979). Individual differences reveal an

even more nuanced picture, with various personality factors posited to affect the extent and

nature of peoples’ cognitive processes (Scott & Bruce, 1995; Stanovich & West, 1999). In

this research, officers identified empathy, placidity, and lived experience as key factors that

cultivated differences in cognition and decision-making across individual decision-makers.

8.3.1 Empathy.

In describing the type of person who would be most successful in the policing

occupation, officers identified empathy as a key personal attribute underlying effective

decision-making:

I’ve had PTSD and before I had that I had a different mindset, I didn’t understand

really understand mental illness in the sense that I couldn’t get my head around how

these people, how the whole mental illness works and having experienced it myself I

realise it’s something they can’t control and it is an illness. That’s benefited me a lot

and I’m not afraid to tell people, and you know I’ve been through similar things I’ve

had PTSD you know, like this guy understands me.

… some members will say so and so reckons that someone is following him, hiding

under the house and you know I always stop them and say to them we know that’s

probably not the case, but this is probably a mental illness issue but he believes it to
POLICE OFFICER DECISION-MAKING 197

be true … Obviously rather than just laughing at it and thinking it’s funny I think that

this poor person thinks that that’s true and they’re petrified by what’s - let’s treat it

properly.

Empathy was defined as the conceptual acknowledgment that police action has the potential

to have long-standing effects on the parties involved:

… the spoken word or your action is going to impact on them [the suspect] for the rest

of their lives.

The ability to transcend one’s own perspective and assume the position of the other was also

identified as an elementary feature of practicing an empathic stance:

… that’s the trick, it’s having the verbals to use and it’s trying to put yourself in their

position.

Empathy, thus, was understood by the interviewed officers as not merely the absence of

violence or coercion but rather as the ability to experience the perspective of the other and to

transform this knowledge effectively into behaviour. Taking a “step back” and “seeing” the

situation from the view of the suspect enabled officers to more readily formulate the

circumstances that gave rise to the incident.

The expression of empathy was at times, however, described as a conditional

endeavour. That is, some officers reported expressing empathy only when the suspect

reciprocated with compliance:

… if you give me the shits you’ll get virtually nothing from me.

A small number of officers demonstrated a generalised hesitance to practicing an empathic

stance, preferring to establish a divide between themselves and the suspect:


POLICE OFFICER DECISION-MAKING 198

I’m working as if I’m in the cage. Other people work as if they’re out of the cage and

if you think about the two you’ll be going about your business a lot differently.

This divide appeared to emerge out of a sense of distrust and fear:

… you’re going to meet the most violent people in the world, you may have to shoot a

bloke in order for you to go home.

Key to police-suspect encounters, empathy was also considered to be a core feature of

effective leadership. Senior members who discussed feeling responsible for the welfare of

subordinate officers frequently described “offering an ear”, providing counselling and

assistance as behavioural indications of their concern for the welfare of their peers and

subordinates:

… you’ve got to be able to … talk to people and communicate with them properly

and make sure that their welfare is alright.

8.3.2 Placidity.

In discussing the police personality, officers also identified placidity and patience as

advantageous traits:

… people will talk to me and have no problems coming over and having a chat … my

personality comes across to people that way.

Officers identified a placid or “laid back” nature as being more conducive to the policing

profession, allowing the police officer to cope with and operate effectively under pressure:

I’ve been someone that’s pretty calm under pressure then more so calculating and did

my job well and got that feedback later on from the hierarchy that everyone for

something like that it went well so.


POLICE OFFICER DECISION-MAKING 199

OK couple of breaths and get in there. And that’s the way I do it, I just calm myself

down by taking a deep breath looking at the breathing and using the breathing to give

myself time to think.

By comparison, the inability to remain grounded was perceived to result in a failure to

adequately develop or maintain rapport:

… other people, unfortunately, are very uptight and emotional and someone else

screams and they scream back at them 100 miles an hour.

During the last two decades, a number of personality dimensions including

authoritarianism (e.g., Wortley & Homel, 1995), dogmatism (e.g., Henkel, Sheehan, &

Reichel, 1997), and ethnocentrism (e.g., Wortley & Homel, 1995) have been investigated in

the policing literature. The direction that this research has taken proposes that policing

attracts individuals who seek out authority, particularly over persons who violate

conventional norms. In the current research the inverse pattern was observed, such that

officers identified positive personality traits as being fundamental to effective policing.

Part of the difficulty of delineating particular personality traits for the purpose of

estimating job performance is the lack of consensus surrounding what constitutes desirable

police officer characteristics (Black, 2000; Barrick & Mount, 1991). Although the use of

psychological personality tests to screen out extremely unsuitable applicants is generally

agreed upon (Detrick, Chibnall, & Rosso, 2001; Hiatt & Hargrave, 1988; Sellbom, Fischler,

& Ben-Porath, 2007), the value of personality traits in predicting successful job performance

is far less substantiated (Sanders, 2008). The emerging evidence suggests that the police

personality may have little implication for operational policing practice (Wortley, 2003) and

that agency socialisation and leadership may be more critical in promoting development

(Sanders, 2008).
POLICE OFFICER DECISION-MAKING 200

8.3.3 Lived experience.

Described by one officer as “the life that you’ve had before or the life you’ve had

right up to that point, whether it’s in the job or out of the job”, life experience was commonly

posited to form the foundation on which judgment was developed. Characteristics such as

cultural awareness, maturity, communication skills, responsibility, and the ability to function

under pressure were identified as being particularly derivative of “time on this planet” rather

than skills accumulated through police hours:

You can’t train that you got to learn that and you learn that also as a parent. So as a

parent, I mean I’ve got three children I have to use my verbal skills there also you use

your verbal skills with your partner. And this is where - so I’ve been married, I’m

coming up to 24 years of marriage, it comes down to again verbal skills being able to

talk things out and not just giving up or quitting.

The benefits of prior work experience were often emphasised in regards to equipping police

recruits with transferable skills. Dealing with difficult customers was essentially classified as

being akin to dealing with difficult suspects:

But I always get people coming in going I want to join the police force what can you

tell me about it? I say what are you doing now? I just finished school. Go get a job.

Doesn’t matter what you do, go work in a shop, go and get some public exposure, so

you can talk to people.

Officers who did not have substantial life experience (i.e., young recruits) were described as

“sheltered” and likely to react to dynamic situations with fear and perplexity:

I thought everybody in the universe approached life the same as me, we’re just always

trying to do the right thing and not harming anybody and all that sort of stuff and it
POLICE OFFICER DECISION-MAKING 201

wasn’t until I joined and started dealing with people that I realised some people -

every word that comes out of their mouth is a lie and they don’t want the best, and all

that sort of thing. It took me a while to get that because that wasn’t my life approach.

… he was only a few months in the job too, he blanked out a little bit to the point

where I just took the radio off him and did it myself.

The importance of lived experience stressed by the officers in the current thesis is

consistent with the intuitive approach assumed by police practitioners - who contend that

older applicants possess more maturity and thus make better police officers. However, there

is seemingly an absence of any published literature to support these anecdotal claims.

Currently, Victoria Police does not stipulate experience as a mandatory requirement – the

only requirement having any real relevance being that of the minimum age. Overall, however,

pre-selection requirements regarding age and work experience appear to be arbitrarily

specified (Decker & Huckabee, 2002) with little empirical evidence to indicate whether lived

experience results in better police performance.

8.4 Discussion

The coercive arm of government is an accessible, interactive, and dynamic

organisation that often presents itself as the first line responder. Police officers must often

face situations that require quick, on-the-spot decision-making. Although one might assume

that police decisions are based on the rational and effective use of evidence taught through

police training, the current findings and the existing literature base suggest that decision-

makers are limited in their capacity to produce uniform and optimal decision outcomes (Klein

et al., 1993).

Victoria Police sets forth a formal collection of shared rules and procedures that are

imposed onto recruits during Academy training and reinforced during OSTT. This entails the
POLICE OFFICER DECISION-MAKING 202

overlearning of psychomotor skills as well as the prototypical strategies to be implemented to

resolve particular types of situations (e.g., cordon and contain a situation that may escalate).

Yet knowledge of when and why certain actions or strategies are performed appears to derive

more so from policing experience. Experience enables the officer to develop examples, that

is, a general idea of how a situation with a particular set of circumstances unfolds and what

actions are likely to be successful. In this way, the individual officer serves as an element in

the meaning-making process and develops an intuitive, tacit knowledge that enables him or

her to function within increasingly complex situations (e.g., Bonabeau, 2003; Cesna &

Mosier, 2005). The ability to drawn upon existing knowledge can act as an invaluable

resource during time pressured and ill-defined circumstances. However, as has been

highlighted in both the current and previous chapters, pre-existing notions of how a particular

scenario may unfold can introduce systematic bias into the decision-making process. This is

especially so when previous negative experiences are utilised as a means of understanding the

current situation.

The review of the effect of training in Chapter Two indicated that the contingent

nature of training’s effects depend not only on the logistics and content of the curricula, but

also on the organisational environment in which the police officer operates. Police officers

working within stations that foster and encourage training principles - manifested through

ongoing, supportive supervisory practices - are able to sustain and adhere to training

doctrines (Mastrofski & Ritti, 1996). To create an environment conducive to training

practices, police supervisors must promote open communication and inter-rank collaboration

at the police station level. By engaging officers in discussion of how training applies to real-

life scenarios, identifying how training may have been utilised in the resolution of attended

incidents, and adding to the knowledge instilled by Academy training and/or OSTT

supervisors can create a more concrete understanding of how training principles can be
POLICE OFFICER DECISION-MAKING 203

applied to police work.

Similarly, police supervisors play a vital role in facilitating skill development that

occurs through experience. By reflecting on decision-making during a particular incident

officers can begin to identify the factors that contribute to their situation assessment -

identifying the sources of their decision (e.g., previous experience in a similar set of

circumstances) and exploring the costs and risks of these. Individual traits can also be

considered in terms of whether they may be impeding upon or promoting the effective

resolution of police-suspect encounters.

The current and preceding chapters have delineated several organisational, situational,

and individual factors that set the decision context. In the following chapter the three lines of

inquiry are corroborated into one overarching theory of police officer decision-making, a

grounded theory that describes the mechanisms by which policing may deal with the inherent

uncertainty of its work.


POLICE OFFICER DECISION-MAKING 204

CHAPTER NINE: A GROUNDED THEORY OF POLICE OFFICER DECISION-


MAKING

In this chapter the level of theoretical abstraction is lifted beyond the experience of the

interviewed officers and a grounded theory of police officer decision-making – the Social

Leadership Model - is presented that may be worked with and developed in future research

endeavours. This research set out to explore the process of police officer decision-making

with the guiding questions of: (i) how does the decision-making process unfold amidst

dynamic and fast-paced circumstances? and (ii) what information or strategies do police

officers use to arrive at a decision outcome? Through an analysis of 44 interviews depicting

ambiguous, stressful, and potentially violent incidents, an account of how the policing

culture, situational ambiguity, and individual characteristics may contribute to decision-

making within dynamic police encounters is provided. A simple illustration of these three

composite factors is provided in Figure 10. A detailed discussion of the conceptual

framework follows.

It should be noted that the data obtained from the interviews as shown in the

quotations used throughout the thesis were consistent with other sections of the interviews

and were only meant to act as a representative sample. The complete interview transcripts

and the cross-section of the interviews provided more cogent data that led to the propositions

developed. The findings suggest that uncertainty is a key feature of the policing context. The

para-military hierarchy imposed upon the police force appears to play a stabilising role -

attempting to impart some form of predictability and certainty onto what is an uncertain

workplace. Moreover, the officers indicated that a focus on leadership may positively impact

the police culture through the development and performance of individual officers. This is

consistent with not only the existing police literature but emerging evidence in other related

fields (e.g., Mann, Gordon, & MacLeod, 2009).


POLICE OFFICER DECISION-MAKING 205

Figure 10. Three composite factors of uncertainty in the policing context.


POLICE OFFICER DECISION-MAKING 206

9.1 Reducing Uncertainty

Uncertainty is an inescapable and omnipresent fact of the human condition. Social

scientists and organisational theorists have long accepted that the world can be a chaotic,

contradictory, and incomprehensible place:

Uncertainty is a fact with which all forms of life must be prepared to contend. At all

levels of biological complexity there is uncertainty about the significance of signs or

stimuli and about the possible consequences of actions. At all levels, action must be

taken before uncertainty is unresolved … and a general ability to respond

appropriately when the unexpected happens (Kahneman et al., 1982, p. 508).

Officers reported functioning alongside extraordinary ambiguity regarding the nature and

significance of potential threats and what strategies, tactics, and resources were needed to

resolve them (e.g., Crank, 1998; Manning, 1997). As discussed in Chapter Seven, officers

identified several sources of situational ambiguity. Firstly, incidents were considered as

increasing in complexity if third parties (i.e., ambulance personnel and public bystanders)

were present at the scene. Officers commonly equated the presence of third parties as creating

demands on resources, introducing a greater sense of responsibility, and at times delaying

incident resolution. Second, certain police partnerships added to situational ambiguity,

particularly so if trust and confidence could not readily be established between the attending

officers. A lack of trust in the other limited the strategic options officers were willing to

implement, mostly due to uncertainty as to whether the partner would respond appropriately

or provide adequate support. Finally, various suspect characteristics had a substantial effect

on the extent to which officers described a sense of “not knowing what to do”. Specifically,

suspects presenting with a hostile demeanour, those that were under the influence of drugs

and/or suffering from an episode of mental illness during the period of the encounter were
POLICE OFFICER DECISION-MAKING 207

perceived as more difficult to engage. Consequently, officers described typically utilising

coercive tactics (e.g., use of equipment) in an attempt to deescalate the situation and attain

control.

Evidently, the police occupational environment is an ambiguous and uncertain one.

Officers must at all times remain alert to the possibility that a hostile or threatening encounter

may transpire. In coping with this undertone of threat uncertainty, the police organisational

culture appears to have established several mechanisms that aim to control or moderate the

negative or adverse effects of the external environment. The imposition of a strict hierarchy,

which was said to rely on formal positions of seniority and a myriad of policies and

protocols, acted as a symbolic depiction of order and stabilisation. In addition, officers

themselves reported having to develop strategic mechanisms that allowed them to impart

some control over their environment. These organisational- and individual-level processes are

discussed in further detail in the sections that follow.

9.1.1 Reducing uncertainty through organisational processes.

The police as an organisation occupies a precarious position; endowed with the power

of coercive force and consequently confined by high standards of conduct and accountability.

This is perhaps most compellingly highlighted by the fact that the police entity is demarcated

by an almost indefinite number of externally and internally imposed boundaries. Legal

boundaries determine acceptable conduct and set limits upon the organisation’s capacity and

discretion – defining the actions and conditions for which the police are responsible. The

judiciary reviews and holds the police to account, often redefining the rules of conduct set by

the legislature when challenges are brought. Jurisdictional boundaries specify the

geographical limits of police responsibility. Organisational boundaries determine

membership. A geopolitical boundary marks the invisible divide between the police and the

community, establishing the police and the non-police. All of these boundaries act to define
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the police as a goal-directed system and simultaneously characterise it as an interconnected

activity that occurs among multiple networked actors.

In the face of the external environment, the internally instituted police hierarchy aims

to constrain uncertainty by codifying procedures, actions, rules, and instructions and by

assuming individual agency. It does so by assigning authority to individual officers and by

emphasising individual action whilst recognising that individual capacity, skill, and

behaviour form discretionary responsibility and accountability. Admittedly, different policing

practices were observed across stations. Factors inducing variation in police station culture

included geographical region and supervisor characteristics, creating differences in the extent

to which hierarchical dynamics were applied to operational duties and social relations. This is

consistent with other studies investigating the effect of police culture on police officer

decision-making, which have persistently indicated a high level of variation across police

stations (e.g., Chappell et al., 2006; Liederbach & Travis, 2008; Zhao et al., 2010). The

current findings suggest that the police culture can best be conceived of as an active and

fluctuating enterprise that is born into, develops out of and adapts to its immediate

environment. Given this, it ought to be considered in tandem with the characteristics of the

supervisors leading it, the officers experiencing it as well as the local community context

within which it materialises.

Regardless of any variation, officers fundamentally experienced their organisational

environment as highly structured and embodying practices that indicated high uncertainty

avoidance (Hofstede, 1980). That is, the goals, visions, strategies, and objectives of the police

were understood by officers as defining its purpose primarily in terms of the mitigation and

management of risk. Consequently, resources were directed toward the prevention of

undesired end states and endeavours that aimed to increase the standardised methods of

coping with threat uncertainty (e.g., standard operational procedures). This is consistent with
POLICE OFFICER DECISION-MAKING 209

the findings of existing organisational research, which contends that most organisations seek

out tools such as strategic planning, cost-benefit analysis, and other analytical techniques to

categorise, quantify and reify the future (e.g., Clampitt & DeKoch, 1999; Sitkin, Cardinal, &

Bijlsma-Frankema, 2010).

9.1.2 Reducing uncertainty through individual processes.

Experienced officers commonly noted that uncertainty could be reduced by one of

two means; (i) if the decision-maker possessed enough knowledge of the problem or (ii) if the

decision-maker was sufficiently experienced. In regards to the former, experienced officers

highlighted the importance of collecting information prior to arrival at the scene (i.e.,

anticipatory information processing) and throughout the encounter (i.e., active information

processing) prior to making a decision. However, when there was no additional information

available or time constraints inhibited the collection and processing of further information,

officers attested to the importance of extrapolating knowledge from prior experience. Officers

typically described this process as using their gut or intuition to go beyond what is firmly

known and to imagine and prepare for possible future developments (i.e., future-oriented

information processing). This is in line with the tenants of the Naturalistic Decision-Making

(NDM) literature (e.g., Klein, 1999) and the propositions of the heuristics and biases

paradigm (Kahneman et al., 1982; Smithson, 1989).

The NDM model has comprehensively investigated the effect of expertise on

decision-making and coping under uncertainty – the most general conclusion being that

people use different decision-making strategies depending upon their experience and the

immediate decision context (e.g., Lehto, 1977; Lipshitz & Strauss, 1997; Salas, Prince,

Baker, & Shrestha, 1995). Similarly, the heuristics and biases paradigm has found that human

decision-makers cope with uncertainty by simplifying the complexity of the external


POLICE OFFICER DECISION-MAKING 210

environment through the application of heuristics – rules of thumb that allow for quick

decision outcomes (Kahneman et al., 1982). Officers in the current research described

utilising both strategies when operating within volatile, uncertain, complex, and ambiguous

situations.

9.2 Thriving on Uncertainty

In the 1980s and 1990s several police academics posited the importance of police

leadership and supervision in effecting the behaviour of police officers (e.g., Brewer et al.,

1994; Van Maanen, 1983). Power over others was said to be exercised by police supervisors

as a means of achieving certain goals; coordinating resources, resolving dynamic situations,

and establishing control over other’s behaviour. Yet further examinations of this hypothesis

suggested that the effect of supervisors varied considerably across studies and was generally

found to be small in magnitude (e.g., Brown, 1988; Engel, 2000). These early investigations

did not account for the fact that police leadership is a highly relational, collective, and

purposeful endeavour – police leaders do not necessarily yield control and their position

cannot be regarded as entirely inseparable from the needs, motivations, and goals of

subordinate ranks. Rather leadership can perhaps best be defined by the interactions and

relations that exist between officers of differing rank and skill level who share a common

purpose and objective. In this way the police organisation can be perceived as an elaborate

relational network of persons, moving forward together through a complex interplay between

cultural factors, individual characteristics, and the socio-graphical environment in which they

function.

Rather than understanding police leadership as the centralisation of power, this thesis

argues that the purpose of police leadership is to foster interactions and relationships among

agents - exposing officers to a multiplicity of ways in which information can be perceived

and dealt with. Police supervisors act to distribute knowledge across rank segments and
POLICE OFFICER DECISION-MAKING 211

promote collaborative action aimed at attaining a common objective. Such forms of

knowledge may be communicated by means of shared experiences and collective social and

organisational frames – elements that can be encouraged through adequate supervision

arrangements (e.g., designated times to reflect on difficult experiences/dilemmas, access to

regular supervisory/group peer support).

The effectiveness of the para-military hierarchy and its assignment of centralised

power to senior officers has come under extensive scrutiny and a call for the policing sector

to adopt more modern approaches has accumulated widespread support (Engel, 2001).

Responding to uncertainty by trying to control officer discretion and action can no longer be

deemed effective. A viable alternative may be the implementation of leadership that is

purposeful, collaborative, and value-based and that aims to build positive relations within the

organisation and between the organisation and all relevant stakeholders. The model posited in

the current chapter - termed the Social Leadership Model – aims to provide such a

framework.

The Social Leadership Model emphasises the importance of relational dynamics and

comprises two fundamental components; (i) effective relationships - at the core of which lie

the values of establishing common purpose, engaging in communication, and working in

collaboration – and, (ii) reflective practice– encouraging the systematic analysis of situations.

Each of these factors is addressed in greater detail in the following sections.

9.2.1 Social leadership: Promoting effective relationships.

The Social Leadership Model posited in this chapter contends that although individual

police officers present with idiosyncratic cognitions and behaviours (resulting from variation

in experience and personal characteristics), they nevertheless function in, and as part of

mutual relationships with others and the surrounding environment. It is not the individual
POLICE OFFICER DECISION-MAKING 212

characteristics of police officers that creates the working environment rather it is the

interaction between these individual characteristics, the situation, and the local police

environment that produce the dynamics of police work. Police supervisors need to be

concerned with identifying relationships between network elements and understanding

relational mechanisms; think about how they communicate with subordinates; and be

cognisant of the macro- and micro-processes involved in socially constructing and organising

collective activities.

Figure 11 illustrates the three key relationship characteristics that police supervisors

must promote in order for police officers to effectively manoeuvre the complexity of their

working environment. From this perspective, police relationships are conceptualised as a

cyclical process, relying heavily on the construction and maintenance of effective

communication, a common purpose, and a collaborative approach.

Figure 11. Components of effective relationships in policing environment

Collaboration Communication

RELATIONSHIPS

Common
purpose
POLICE OFFICER DECISION-MAKING 213

9.2.1.1 Communication.

From the perspective of the Social Leadership Model, communication-based activity

is the first and foremost task of the police supervisor. Communication - the ability of the

supervisor to send, receive, and regulate verbal messages and understand social situations,

social norms and social cues (Hackman & Johnson, 2013) - enables for the supervisor’s

values to be presented and transmitted, for knowledge to be shared, and for a common

purpose to develop. A fundamental role of the police supervisor is to be a catalyst for

conversation, imparting clear and attainable objectives onto officers. Performance

effectiveness can be facilitated by communication that occurs on a day-to-day basis, where

officers are free to cooperate without having to abide by strict rules of hierarchy. Dialogue

that transcends organisational rank segments creates trust and cohesion, opens individuals to

differing realities and worldviews, and promotes the ethical and moral values emphasised by

the local community. In this way, officers become more aware of their and others roles and

responsibilities and can act in accordance with these during ambiguous police-suspect

encounters.

9.2.1.2 Common purpose.

Common or shared purpose, the second dimension of police relationships, exists when

group members have similar understandings of their team’s primary objectives and take steps

to ensure a focus on collective goals (Hackman & Johnson, 2013). The police teams

described by the interviewed officers varied in composition but consistently comprised of

many layers of rank, from the Constable to the Senior Sergeant. The culture of this stringent

hierarchy was said to impose a high level of centralisation, such that seniors often utilised

their authority to control and manage the use of officer discretion. Open and clear

communication of the team’s shared objective would enable for authority to be more equally

distributed down the rank structure and allow for more flexible and localised responses to
POLICE OFFICER DECISION-MAKING 214

community needs.

Organisational statements of missions, vision and values have long been a staple of

the strategic planning process (see Victoria Police Blue Paper, 2014b). Yet active leadership

is needed at the local and individual level to impart, interpret, and apply these objectives into

day-to-day operational duties. The common purpose should go beyond numbers and

logistical information and instead provide agreed-upon goals, clear directives for the future,

and a daily yardstick with which officers can reflect on their organisation’s mission, vision,

and values in their regular work activities. In reaching a common purpose police supervisors

need to work together with personnel to clearly define the issues facing the station, ensure

that there is adequate time for discussion, and encourage individual officers to provide their

position on the issue/s. A shared purpose allows individual officers to recognise the value of

their designated roles and to adopt collective direction. Interaction, cooperation, and

commitment to the organisation replace the need for a single leader to issue directives as

officers come to function on the basis of a shared understanding (Komives, Lucas, &

McMahon, 2007).

9.2.1.3 Collaboration.

The Social Leadership Model is grounded in relationships: in these relationships the

ability to work collaboratively is essential. Collaboration is defined as the development of a

common purpose and the sharing of responsibility and accountability in this pursuit.

Collaboration requires the establishment of mutually beneficial goals and engaged group

members, with supervisors directing the group toward operationalisation of objectives. An

effective police supervisor must be willing to redistribute the power assigned by the hierarchy

whilst at the same time assuming responsibility for and ownership of the group process and

its outcomes.

There exist undeniable practical limits to collaboration, particularly when quick


POLICE OFFICER DECISION-MAKING 215

decisions are needed. Although an authoritarian style is likely to produce fast and consistent

decisions, it requires for the elimination of officer discretion and for the senior to have

sufficient insight into unfolding incidents. With a focus on relationships and social capital,

supervisors can foster and facilitate an organisational change towards a collaborative cultural

identity, wherein officers collaborate with each other, other emergency and public services as

well as the community in resolving incidents.

The relational component of the Social Leadership Model is consistent with other

relational theories in that it is situated within the social constructionist paradigm, which

contends that people exist in mutual relationships with others and their surroundings – we

both shape, and are shaped by the social experiences of our everyday interactions (Gergen,

1999). The relational component suggests that leadership is actually a non-hierarchical

process that is distributed through the organisational practice of communication, common

purpose, and collaboration. Consequently, leadership is something that collaborating actors

do within relational interactions (Pearce & Conger, 2003) that facilitates understanding of the

complex occupational environment, guides the process of problem-solving, and shapes

strategic direction and practical action.

9.2.2 Social leadership: Promoting reflective practice.

… it’s a learning curve, we’re not going to come around and have their head for it

because they’ve made a mistake. They’ll make it again and I’m going to jump on

them but sometimes the best way to learn is to make the mistake but you’ve just got to

be able to then identify it early so that we can go through it and read the [inaudible

word] and minimise their risks, for the department, the community or the case. So it’s

a matter of just speaking to them, that’s why we do the debrief - then they’ve actually

seen it. Yup it took me a long time to do this because I was thinking this is the right
POLICE OFFICER DECISION-MAKING 216

way to go. Look a lot of the times too they might have good ideas come back and you

know like everybody’s different.

Although policing has traditionally been conceptualised as a vocation requiring the practical

application of professional knowledge and practice, the data arising from the interviews

suggests that officers are acutely aware of the fluid nature of the context within which they

operate and the commonality with which they face issues that cannot be easily

compartmentalised. Despite this it is surprising to note that there is scarcely any literature –

with the exception of Copley (2011) - discussing reflection and reflective learning within the

police force.

Chong (2009) defined reflection as a cognitive process that brings together several

stages of deliberate explorations focused on officer skill and outcomes. Reflection involves

reviewing one’s own values and assumptions: considering broader social, political, and

professional issues that may be relevant to a specific incident (Bulman & Schutz, 2013; Kolb,

1984) with the aim of improving strategic action. A review of the various models of

reflective practice is beyond the scope of the current thesis (for a review see Moon, 1999).

For the purpose of the current chapter it will suffice to specify that the capacity for reflection

– as events are unfolding and post-event – is an essential component of skilful policing

practice.

Reflection and reflective practice are frequently noted across various domains of

literature as increasingly essential attributes of competent professionals (e.g., Beecher,

Lindemann, Morzinski, & Simpson, 1997; Sobral, 2000) and often contrasted to routine

action guided by tradition, habit or authority. In terms of the policing context, as an officer’s

professional identity is developed, there are aspects of learning that call for the understanding

of personal beliefs, attitudes, and values in relation to those endorsed by the police culture

(Epstein, 1999). The observations, behaviours, and skills that officers encounter during their
POLICE OFFICER DECISION-MAKING 217

operational practice and throughout their professional lives must be welcomed by the police

supervisor and acknowledged as having value and applicability. It is within this acceptance of

learning and development that the true nature of social leadership dwells. For example, by

saying ‘Tell me what you have done’ and ‘Show me what you have learned’ the police

supervisor sets the expectation of reflective practice, creating a space wherein officers can

discuss dilemmas in their work and have access to adequate social support.

Reflection can occur in action (during the performance of the task) and/or post-action

(reflecting after the performance of the task). In the current thesis, experienced police officers

demonstrated a strong ability to reflect in action (see Schon, 1983) or “think on your feet”

(i.e., active and future-oriented information processing), assessing the situation and the

possible risks in a rapid trajectory. Less experienced officers reported benefiting more from

post-hoc reflection (see Schon, 1983). Regardless of the experience of the officers, unless

encouraged to share their thoughts, the process of reflection may remain largely internal. The

risks associated with introspective reflection pertain to the development or maintenance of

certain perspectives, which may inevitably impact upon what information is processed, how

the information is interpreted, and what action is taken. Essentially, if reflective practice

remains solely introspective it may stifle professional development as decision-makers are

not necessarily adept at identifying the limitations of their own knowledge (Dunning,

Johnson, Ehrlinger, & Kruger, 2003). This may be especially so in a field where physical and

emotional demands are at times overwhelming and wherein one’s ethics and morals are

frequently tested.

Boud, Cressey and Docherty (2006) attested to the use of reflective practice,

particularly in situations where ambiguity cannot be controlled, as an effective method

through which the decision-maker can focus on and understand the problematic situation

without making a premature rush to judgment. In this way, reflection can be conceptualised
POLICE OFFICER DECISION-MAKING 218

as an open process that deals with “matters that by definition do not have a ready solution or

are not clearly formulated” (Boud et al., 2006, p. 22). Officers will, of course, nevertheless

continue to be affected by the situational factors identified in Chapter Seven (and a host of

other factors delineated in the policing literature), and they will undoubtedly continue to act

on the basis of intuition or “gut-feelings”. However, by asking questions such as ‘What

is/was the situation?’, ‘How does/did the situation differ from other situations experienced in

the past?’, ‘How do/did I feel being in the situation?’, ‘What thoughts do/did I have about the

situation?’, ‘What do/did I do?’, ‘What do/did I think about what I did?’, ‘Why should/did I

implement that decision choice?’ and ‘What may I do differently in the future?’ the focus is

shifted to examining the external and internal factors that may influence the decision-making

process.

Research indicates that creating time and regular opportunities for dialogical

reflection and ensuring access to a mentor for continuing professional development are

essential to promoting reflective practice (e.g., Raban et al., 2007). To facilitate reflection,

police supervisors require depth of knowledge and skill in creating a climate of trust. Police

supervisors must possess adequate policing knowledge so that they may aid fellow officers in

identifying, mobilising, and developing their own strengths in policing practice. However,

police supervisors must also have strong reflective skills if they are to serve as role models.

The ability to communicate effectively and develop strong interpersonal relationships is

fundamental to helping officers recognise patterns in their practice.

Hoyrup and Elkjaer (2006) provided a useful framework for considering reflection

within work contexts that includes four perspectives; individualised, critical, socialised, and

organisational:
POLICE OFFICER DECISION-MAKING 219

- Individualised perspective – “Reflection is prompted by a complex situation involving

problems, uncertainty and ambiguity” (Hoyrup & Elkjaer, 2006, p. 32) and is

experienced primarily at an introspective level.

- Critical perspective – Critical reflection involves the questioning of existing

assumptions and may include consideration of how social, cultural, and political

factors can impact upon the individual and their cognitive processes.

- Socialised perspective – “The process of reflection is collective, we reflect together

with trusted others in the midst of practice” (Hoyrup & Elkjaer, 2006, p. 36). Social

reflection may take the form of peer groups that meet on a regular basis to collectively

learn from mistakes, share knowledge, and challenge each other through the provision

of feedback.

- Organisational perspective – The necessary organisational processes that create and

sustain opportunities for organisational learning and change. These may include the

development of communities of practice or structures that promote reflection and

critical thinking (Lave & Wenger, 1991).

Several learning programmes have been created in accordance with Hoyrup and Elkjaer’s

principles and applied to the military and fire services in the U.S. (e.g., Sutton & Cook,

2003). One such program is Staff Ride (Sutton & Cook, 2003), which utilises real-life

experiences to encourage shifts in perspective-taking in the exploration of various

conceptions of a single situation. The program has been applied in Australia, first by the

Tasmanian Parks and Wildfire Services in 2010 and later by the Country Fire Association in

2012 (Stack, 2014). The Social Leadership Model is consistent with such reflective learning

programs as it firmly locates individual experiences within a broader social environment. The

theory integrates the ever-present shadow of uncertainty with the officers expressed need to

reflect on their practice alone as well as with their colleagues and seniors. The Social
POLICE OFFICER DECISION-MAKING 220

Leadership Model identifies police leaders as the advocates of Hoyrup and Elkjaer’s (2006)

organisational perspective and as pivotal agents that must drive the implementation of

structured and ongoing reflection practices that need to be appropriately designed for the

policing context.

9.3 Implications

This thesis provides a framework of leadership that challenges the effectiveness of the

traditional, authoritarian, and bureaucratic police supervisor and adds to the growing push for

senior members to adopt modern approaches. It is argued that improving police relationships

requires a shift in perspective – recognising policing as a dynamic, nonlinear process that

ebbs and flows. To this end, it is critical to acknowledge that decision-making is not simply

the result of the cognitive properties or processes of individual decision-makers or single

situational factors rather it is the accumulated influence of these factors that inevitably occur

within cultural and social dynamics.

The Social Leadership Model affords a more nuanced understanding of policing

practice and is particularly useful in collective sense making in that it is designed to allow for

shared understanding through group-level collaboration and free flowing communication.

The model provides a way in which reflective practice can be introduced into the policing

context including different ways of talking about problems and experiences and minimising

the pitfalls that may arise from blindly subscribing to a particular understanding of situations.

The model is compatible with reflective learning programs that have already been created and

implemented across various emergency service providers.

The Social Leadership Model identifies police supervisors as pivotal aspects of the

implementation of reflective practice programs. Good administrators sometimes fail to fully

grasp the importance of social structure and its role in organisational operations. Police

supervisors need to be able to accurately perceive the social network relations that connect
POLICE OFFICER DECISION-MAKING 221

members and to actively participate in and manage these if they are to promote a learning

environment. Social capital exists at all levels of the police organisation - just as the Sergeant

is expected to display sound judgment, initiative, and clear communication in the command

of his or her subordinates, so too is the Constable, working alone, expected to display

leadership in every situation he or she faces. Thus, one cannot focus merely on the individual

whilst overlooking the embeddedness of that individual in the social ties of the police agency.

Reflective practice, with its intention to understand action, allows for an examination

of the concealed processes of professional life. As Mezirow (1990) noted, reflective practice

is “becoming critically aware of how and why our presuppositions have come to constrain the

way we perceive, understand and feel about our world” (p. 14). Reflection may be most

useful when viewed as a learning strategy. Used in this way it may assist learning; connecting

and integrating new learning to existing knowledge and skills. This may be particularly

beneficial in ambiguous encounters where decision rules developed through previous

experience may be incorrectly applied.

As with any other skills, reflective practice and its role in learning may not be

explicitly apparent to officers. A structured program will need to be developed by future

research that can then be implemented in vivo to guide practice, particularly so in the early

stages. An important task for the police supervisor during this process will be that of acting as

a powerful role model. By exposing their own reasoning processes and sharing their own

experience and knowledge, as well as inviting contribution from other officers, the police

supervisor can endorse reflection as both a collaborative, and an individual process.

Furthermore, as organisational advocates, police supervisors will need to contend with

engrained aspects of the police culture that may not necessarily endorse or value reflective

practice as a learning strategy.

An incentive to nevertheless develop and apply reflective practice programs is the fact
POLICE OFFICER DECISION-MAKING 222

that policing will continue to experience pressure on resources, particularly as demands on

emergency services increase. Such trends are likely to place greater stressors and cognitive

demands on police officers and strategies to regulate thinking to avoid decision biases will

become increasingly important. Reflective practice presents as a useful tool in examining

potential sources of bias and identifying alternative perspectives so that officers are able to

get the best outcomes possible under dynamic and challenging conditions. The ability to

critique personal decisions and identify biases is undoubtedly a difficult and abstract one.

However, there is strong evidence to suggest that such higher-level thinking skills can be

taught to decision-makers of all levels of experience; granted that the opportunity is afforded

and adequate instruction is given (Frye & Wearing, 2014). Reviewing past incidents provides

a substantial resource for organisational learning that can be further amalgamated through

effective police leadership and well-designed reflective practice programs.

Several researchers have identified some form of improvement in learning through

reflection (e.g., Glaze, 2001; Pinsky, Monson, & Irby, 1998; Sobral, 2000), and these

relationships need to be further clarified in the policing context. Understandably, the

quantification of reflective practice is challenging. Yet as understanding of reflection

develops in other fields, there will be a need for studies with rigorous designs that will allow

for the evaluation of different learning strategies in the policing sector. Future research is

needed to present practical suggestion to enhance the police force’s capacity to implement

reflective learning. Further studies may choose to begin by investigating the perceptions of

officers regarding reflective practice and the extent to which - and in what form - it may

already be occurring.

The evidence reported in the last four chapters of this thesis warrant a series of

implications for policy and practice. The evidence presented suggests that police leadership
POLICE OFFICER DECISION-MAKING 223

has the potential to have a direct positive impact on officer performance and effectiveness.

The implications for policy makers, therefore, are as follows:

1. Policy should be introduced to support internal collaboration and organisational

change. This recommendation indicates the need for shared responsibility in the

process of organisational change and speaks to the importance of policy in supporting

ground-level developments. Police supervisors are unlikely to implement or maintain

a structured reflective practice within their station unless it is a demand identified by

policing mandates.

2. Models of effective police leadership need to be investigated to identify exemplars of

good practice. Once these are established, a well-planned implementation process

needs to follow wherein the identified training programs and policing practice can be

applied. The impact of introducing such a model of police leadership will need to be

evaluated with a view to judging the effect upon supervisor performance,

effectiveness, and morale.

The implications for practice are multi-fold and include:

1. Performance improvement requires the participation of all leaders - including local

supervisors and more highly ranked police personnel. The Social Leadership Model

suggests that distributed leadership is needed for creating dialogue that may influence

how officers operate and make decisions in dynamic situations. Open communication

will act to strengthen relationships and enable for more reflective and genuine

reflection on errors in judgment, which will allow for police leaders to explore and

challenge biases so that future practice may improve.

2. Collaboration is essential, however, if this is to occur, police leaders and officers must

be given the time and support to effectively engage in reflective practice.


POLICE OFFICER DECISION-MAKING 224

3. An increased focus on how best to meet various leadership needs associated with

different regions (i.e., geographical location) is needed. As has been demonstrated,

rural and urban environments attract disparate policing practices and must cope with

different strains on resources and community relationships. It is suggested that police

policy makers consider that one size does not fit all when considering function and

accountability across rural and urban contexts.

4. The police organisation should do more to support the preparation and professional

development of police leaders. Although the pressure on police leaders is ever

expanding, the level of support extended to them appears to have remained

comparatively constant. There is evidence to suggest that strong police leadership can

be developed through a combination of education, experience, and mentorship

(Schafer, 2009, 2010). This is a matter that calls for additional funding to be invested

in order to identify the specific skills that need to be targeted and the most effective

means by which these can be instilled.

The Social Leadership Model calls for leadership preparation programs that incorporate the

following:

1. Knowledgeable trainers that use active learning instructional strategies to engage

adult learners,

2. Supportive program structures that promote positive relationships and enhance

professional socialisation,

3. Authentic field experiences that enable police leaders to practice implementing

reflective practice ‘on the ground’ so as to allow experiential learning and skill

development.
POLICE OFFICER DECISION-MAKING 225

The implications for future research reside in the need for the collection of empirical

evidence that:

1. Examines how useful and meaningful the Social Leadership Model is to a wide

variety of police contexts and circumstances,

2. Elucidates different models, approaches and forms of police leadership in practice,

3. Identifies how police leadership can best be developed and facilitated ‘on the ground’,

4. Investigates the relationship between police leadership and officer performance,

5. Provides case study exemplars of best practice and guidelines for police makers about

creating the conditions in which police leadership can flourish.

9.4 Limitations

Several precautions should be considered before applying this study’s grounded

theory. First, epistemological and research methodologies utilised in the current research

were not designed to produce generalisable data and conclusions. Rather the current research

aspired to produce an in-depth analysis of decision-making in a particular setting (i.e.,

Victoria Police stations) as experienced by particular individuals (i.e., the interviewed

officers). Second, it is important to note that the researcher filtered and interpreted the data

through her own idiosyncratic perceptions. It is possible that another researcher may have

produced a disparate conceptualisation of the interview data, as there is undoubtedly a

multitude of possible prisms through which the concepts could have been explored. To

ensure the trustworthiness of the emerging theory, the research adhered to Lincoln and

Guba’s (1985) evaluative framework – establishing credibility, transferability, dependability

and confirmability (see Chapter Five) in providing an appropriate and useful analysis.
POLICE OFFICER DECISION-MAKING 226

9.5 Conclusion

This inquiry has been undertaken with the aim to develop understanding and theory

regarding police officer decision-making. The importance of studying real-life decision-

making is well recognised as a vital endeavour in many disciplines yet has received

inadequate research attention within the policing context. The police literature has not

progressed sufficiently in developing a more pronounced interest in explicating real-life

decision-making despite the increased criticism of the police force by the community,

ruptured police-community relations, and ever-expanding standards of accountability and

governance. The current research aimed to address this gap through building grounded theory

based on the experiences of police officers - an approach to research for which the CGT

method was specifically designed (Charmaz, 2006).

The theoretical position of the CGT method provided an appropriate fit for examining

personal stories to gain knowledge about a complex phenomenon. The iterative process

espoused by grounded theory (Glaser & Strauss, 1967) enabled for authentic and credible

theory to be developed through rigorous and systematic methods, such as line-by-line coding,

constant comparison, categorising of codes into themes and patterns, and integration of these

codes and patterns into an overarching theoretical framework. Location of the themes in

relation to the available literature enabled for further development and refinement of the

theoretical propositions (Charmaz, 2006).

The findings demonstrated that police officers functioned within a vacuum of

uncertainty that stemmed from the dynamic and unpredictable nature of their working

environment. The situations within which officers operated were often replete with

ambiguities, stemming from both external and internal processes. The external difficulties

most often mentioned included the presence of third parties, inability to trust one’s partner,

and suspects presenting with complex needs. Experience served as the most prominent
POLICE OFFICER DECISION-MAKING 227

individual factor, indicating that experienced officers manoeuvred through ambiguous

situations by creating cognitive strategies and behavioural templates that enabled for rapid

decision-making. The organisational context was said to impart a sense of stability onto the

day-to-day duties of officers by imposing structure through a centralised command system.

The organisational hierarchy was, however, most commonly experienced as a constraining

factor that did not enable the freedom for officers to learn from their experiences and to

develop in tandem with their colleagues.

The central or core theoretical category of the grounded theory of police officer

decision-making was leadership, specifically the police supervisor’s ability to guide the

formation of meaningful relationships and to promote reflective practice. Strong police

relationships require clear communication, the establishment of a common purpose, and a

collaborative stance. Once established, such relationships allow for the creation of a safe

space in which officers can be encouraged to critically analyse their attitudes, beliefs, values,

and decisions.

The transformation of the police culture into one based on trust and reflective practice

is part of a trajectory of many years. The challenges that lie ahead are plenty – yet policing

has been confronted with myriad barriers in the past. The sector has had to continually

redefine itself and its tactics; innovative ways to respond to evolving crime and disorder have

been generated and implemented. New ways to provide efficient service in the face of

shifting external environments, evolving legal standards, and changing social expectations

have been applied. Now, another reorientation of culture and internal operations is required in

order to prepare policing for future trends of a working environment that is highly dynamic,

interdependent and for which improvisation, critical thinking, and problem-solving are

necessary pre-requisite skills. As one officer concisely stipulated:


POLICE OFFICER DECISION-MAKING 228

Victoria Police or any police work is like no other job in the world police, you know

ambos are similar, firies are similar but they’re not the same because they’re dealing

with things over here - our job is like no other because we are dealing with people at

their worst all the time. That’s why you see a lot of jaded police officers …
POLICE OFFICER DECISION-MAKING 229

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POLICE OFFICER DECISION-MAKING 261

APPENDICES
Appendix 1. Quality appraisal questions.

Appraisal Questions Quality Indicators Rating

Is the research valuable? Findings have presented new High(3) – Clearly stated relevance/importance of research supported
insights. by a literature review and discussion of limitations.
Medium(2) – Relevance/importance is somewhat clear, limited
review of literature and discussion of limitations.
Low(1) – Relevance/importance not clear, no literature review.
NA(0)
How well does the Aims and objectives are clearly High(3) – Explicit and detailed aims/objectives to which findings
research address its reported. are clearly linked.
original aims/objectives? Medium(2) – Aims/objectives reported to a satisfactory level with
limited ability to link findings.
Low(1) – Unclear aims/objectives with no linkage made with
findings. NA(0)
Is there scope for Discussion of how findings may High(3) – Explicitly discusses how findings relate to wider theory.
drawing wider relate to wider theory. Medium(2) – Limited application to wider theory.
inferences? Low(1) – No acknowledgment of how findings relate to wider
theory. NA(0)
How justifiable is the Limitations discussed. High(3) – Research design is explicitly justified and clearly meets
research design? aims of study.
Medium(2) – Research design is somewhat justified and can be
linked to some aims of the study.
Low(1) – Research design is not justified or linked with aims of
study. NA(0)
POLICE OFFICER DECISION-MAKING 262

Is the sample selection Description of sample type High(3) – Sample is randomly selected.
appropriate and credible? provided. Medium(2) – Sample is systematically selected.
Low(1) – Sample selection is opportunistic.
NA(0)
Is the research topic Does the research focus on High(3) – Research focuses explicitly on the specified topic.
relevant? appropriate material? Medium(2) – Research focuses somewhat on the specified topic.
Low(1) – Research does not focus on the specified topic.
NA(0)
To what extent do the How reliable are the data High(3) – Data collection method utilised standardised scales.
data collection tools collection tools? Medium(2) – Data collection method utilised interview questions or
allow for researchers to surveys.
be free from bias? Low(1) – Now new data collected.
NA(0)
How clearly has detail, Is the choice data analysis High(3) – Extensive inferential analysis.
depth and complexity of method appropriate? Medium(2) – Some analysis undertaken, goes beyond description.
the data been reported? Low(1) – Purely descriptive analysis.
NA(0)

Accumulative Score
High: 19-27; Medium: 9-18; Low: 0-8
POLICE OFFICER DECISION-MAKING 263

Appendix 2. Differences across Glaserian and Straussian schools of thought.

Glaser Strauss

Begin with an empty mind or tabula rasa, no literature review Gaining insight into data through a literature review is
is to be conducted. Work from a position of naiveté and learn acceptable, this allows for the formation of a lens through
from the experts. which the researcher approaches the data.

The researcher studies an area of interest; a specific research State a research question.
question is not necessary. Trust that the participants will
reveal their primary concern.

Grounded theory is about concepts, not people. Transcription Interviews can be transcribed and this is recommended for
of interviews is not necessary. Private information is to be novice researchers. Private information is to be kept
kept confidential. confidential.

No interview guide is needed; theory emerges through the use Semi-structured interviews are recommended; theory emerges
of neutral questions. through the use of structured questioning.

Field notes can be used, as well as photos, news articles, Observations of the participants can form part of the data but
historical documents, and other information that clarifies the are subject to interpretation and should be clarified with the
concept. participants.

Theoretical sensitivity is sourced from immersion in the data; Theoretical sensitivity is sourced from the methods and tools
the researcher sorts and re-sorts memos until major concepts utilised; computer programmers can also be used to aid this
become clear. process.

The study will result in a substantive theory that explains The study will identify themes and concepts. Theories can
what is going on in the area of interest. Numerous theories also be developed from the data but this is not the necessary
can be identified from one study. outcome.
POLICE OFFICER DECISION-MAKING 264

Theory grounded in the data; credibility of theory derived Theory interpreted by the observer (i.e., researcher);
from its grounding in theory. Detailed and dense process fully credibility of theory derived from the rigor of the method.
described. Parsimony, scope and modifiability emphasised.

A basic social process ought to be identified. A basic social process need not be identified.

The researcher is a passive agent, exercising disciplined The researcher is an active agent, making decisions
restraint. throughout.

Coding is data dependent, a constant comparison of incident Coding is rigorous and defined by technique; the nature of
to incident with neutral questions, categories and properties making comparisons varies with the analytical coding
evolving. Comparisons become more abstract, categories are technique chosen. Codes are derived from micro-analysis
refitted and frameworks emerge. grounded in word-by-word examinations. Reduction and
clustering of categories eventuates.

There are two coding phases or types, simple (fracture the Three types of coding, open (identifying, naming,
data then conceptually group it) and substantive (open or categorising and describing phenomena), axial (the process of
selective, to produce categories and properties). relating codes to each other) and selective (choosing a core
category and relating other categories to that).
CHAPTER 11

Police use of force


An examination of Australian policing
Dragana Kesic and Stuart D.M. Thomas

INTRODUCTION
In the role of serving and protecting the public, and enforcing the law,
police are given broad legal powers. Perhaps the most contentious of
these are their right to use physical force to effect cooperation from the
public and their right to use lethal force to protect their or another’s
life. This chapter will provide a brief summary of the police use of force
research, with specific focus on the state of the research and practice in
Australia. Particular focus will be on the issues of use of force on people
experiencing mental health issues1 and the widespread dissemination
of the Conducted Energy Devices, commonly known as Tasers.

FATAL POLICE USE OF FORCE INTERNATIONALLY


Examinations of the appropriateness and the dynamics of police use
of force on citizens have been ongoing for more than 60 years; despite
this, there has been little consistency in conceptualising and measur-
ing use of force (Khalm IV, Frank, & Liederbach, 2014). Research on
police use of force has largely been conducted in the United States of
America (USA) and originally tended to concentrate more on fatal force
Copyright © 2020. Taylor & Francis Group. All rights reserved.

encounters than non-fatal force encounters, thus resulting in limited


understanding about the latter (Hickman, Piquero, & Garner, 2008).
However, other researchers have suggested that due to the rarity of fatal
force events and issues such as limited access to data that allows empiri-
cal analysis of deadly encounters, our understanding of fatal police
encounters also remains limited (McElvain & Kposowa, 2008).
Police use of fatal force is, fortunately, a very rare occurrence. Neverthe-
less, many countries including the USA, do not report reliable national
statistics on how frequently it occurs. The majority of the published
studies of fatal use of force were conducted in the USA in the 1970s and
1980s (McElvain & Kposowa, 2008). While these early studies tended
to examine the influence of sociological theories of crime and control,
more recent research has moved to understanding fatal use of force as a

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
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184 DRAGANA KESIC AND STUART D.M. THOMAS

complex phenomenon that is affected by an interplay between external


environment (e.g. laws, community demographics), internal environ-
ment (e.g. police training and policy), and situational factors (individ-
ual officers’, citizens’ and situational characteristics). However, some of
the extant research has produced mixed findings; for instance, despite
numerous years and many studies, Hollis and Jennings’ (2018) narra-
tive meta-analysis found that the relationship between police use of
force and race “remains unclear”. On the other hand, research has very
consistently found that males are more likely to be the fatalities (Gill &
Pasquale-Styles, 2009; Mumola, 2007) and that it is male police officers
who are involved in these shootings (e.g. McElvain & Kposowa, 2008).
Most importantly, the extant research shows that the vast majority of
decedents had been armed with a weapon at the time of the incident and
exhibited a high degree of aggressive and threatening behaviour towards
police, which likely impacted on risk perceptions (Gill & Pasquale-
Styles, 2009; Mumola, 2007).

NON-FATAL POLICE USE OF FORCE


INTERNATIONALLY
Extant research findings indicate that non-lethal force is a very rare
occurrence in general interactions between the police and the public. US
studies estimate police use of force to occur anywhere from 0.03% of all
police service calls (IACP, 2001) to 58.4% of police–suspect encounters
(Terrill & Mastrofski, 2002); this very large discrepancy is mainly attrib-
utable to the very disparate methodologies used, including different use
of force measurements (e.g. dichotomous force, continuum force, force
factor, etc.) and the use of a wide range of “data” (e.g. arrest reports,
official use of force reports, citizen complaints, suspect surveys).
Including situational characteristics in examination of use of force
has significantly increased understanding of this phenomenon and
arguably led to more robust and consistent findings. Indeed, Bolger’s
recent meta-analysis indicates that the strongest predictors of police use
of force are suspects’ resistance and demeanour (Bolger, 2015).
Copyright © 2020. Taylor & Francis Group. All rights reserved.

Klahm IV and Tillyer (2010) criticised the available studies on police


use of non-lethal force for their failure to properly operationalise the
definition of force and for a lack of sophisticated statistical analyses.
More recently, the authors conducted a meta-analysis, highlighting the
many inconsistent and conflicting findings and renewing decade-old
criticisms, which perhaps suggest that little has been done to improve
this research (Khalm IV et al., 2014).

MENTAL HEALTH ISSUES AND POLICE USE


OF FORCE
Dealings with persons with mental health issues is perceived as a dis-
tinct challenge for the police. Their contact can occur in a wide variety of

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
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CHAPTER 11: POLICE USE OF FORCE 185

contexts, including being witnesses of crimes, victims of crime, alleged


offenders, or persons in need of assistance. Following the deinstitution-
alization of mental health, there has been continued and widespread
criticism internationally and in Australia that services are incapable of
providing adequate community-based mental health services to peo-
ple with mental health issues (e.g. Senate Select Committee on Mental
Health, 2006). It has been claimed that as a result of the shortage of
appropriate community care, the police, as the only 24-hour emergency
service, have had to increasingly take on the responsibility of providing
regular assistance to persons experiencing mental health issues (Carroll,
2005). Indeed, research findings indicate that these encounters are com-
monplace in many countries around the world, including in Australia
(Fry, O’Riordan, & Geanellos, 2002). Given this, it is not surprising that
the police are their primary referral sources to emergency departments,
both internationally (Klein, 2010) and in Australia (Knott, Pleban, Tay-
lor, & Castle, 2007).
Broadly speaking, this research has measured the presence of mental
health issues through: (1) simply specifying that the person was diag-
nosed with mental illness/disorder; (2) examining whether the person
had a history of mental health treatment; (3) seeking police officer’s
perceptions of whether the person is exhibiting signs of mental health
issues through such constructs as their appearing “emotionally dis-
turbed”, “mentally unsound”, or other; or (4) examining whether the
person was a mental health patient under a Mental Health Act or was
transported by the police under a Mental Health Act.
The international studies have reported a high incidence of people
with mental health issues in fatal force incidents. Mental health issues
have most commonly been examined in a subset of police fatalities his-
torically commonly referred to as “suicide-by-police” events. Although
there are a number of operationalised definitions of this phenomenon,
in short, it refers to situations where individuals who are intent on
death by suicide to do so by provoking the police to shoot them. The
differences between the various definitions of suicide by police seem to
centre on how specifically, and conversely, how broadly, the phenom-
Copyright © 2020. Taylor & Francis Group. All rights reserved.

enon is defined. Consequently, estimates of how frequently this phe-


nomenon is potentially encountered in all incidents of police shootings
differ accordingly, with extant research estimates of between 10% and
50% being reported (e.g. Best, Quigley, & Bailey, 2004; Mohandie,
Meloy, & Collins, 2009). McKenzie (2006) criticized the extant research
for the lack of scientific rigor and consistency. He proposed that there is
a difference between those individuals who may have been indifferent
as to whether they live or die and those who intended to die by suicide
and suggested that in the absence of clear and reliable evidence that
the person wanted to die, a “behavioural chain of events” ought to be
examined.
Due in part to diverse methodologies used by researchers noted
earlier, the existing evidence base regarding non-fatal force remains

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
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186 DRAGANA KESIC AND STUART D.M. THOMAS

equivocal. Some studies have found that police are no more likely to
use force on people whom they perceive to be experiencing mental ill-
ness in samples of arrestees (Johnson, 2011; Kaminski, DiGiovanni, &
Downs, 2004) and in police–suspect encounters (Terrill & Mastrofski,
2002). Johnson (2011) found that police reported using more severe
levels of force on suspects who appeared “mentally unstable”; however,
this relationship was not statistically significant after taking into account
other pertinent factors, including suspect violent behavior and posses-
sion of weapons. Conversely, Lawton (2007) found that police were
more likely to use force on those who appeared “mentally unsound”
even after taking into account other risk factors, including their demea-
nor and substance intoxication.

POLICE USE OF FORCE IN AUSTRALIA


Each state and territory in Australia has their own legislation governing
police use of force that appears in line with the Commonwealth Act
(Crimes Act 1914 (Cth) s3ZC). Additionally, all Australian police forces
adhere to the set national guidelines on the use of force. The Australian
and New Zealand Policing Advisory Agency (ANZPAA) provides these
national guidelines. ANZPAA defines the use of force as “any situation
where, in the execution of their duty, police use physical force or other
techniques, including a weapon, instrument or implement to respond
to an actual or perceived threat” and provides a set of guiding principles
for the states in implementation of policies and procedures related to
this area (ANZPAA, 2014, p. 1). ANZPAA further specifies appropriate
police use of force as being “reasonable, necessary, proportionate and
appropriate to the circumstances” where “no more force than is reason-
ably necessary for the safe and effective performance of their duties”
should be used (2014, p. 1).
The guideline proposes that Australian jurisdictions should adopt
situational or tactical options models of force to guide officers in deciding
which level of force is appropriate in a given situation. These models –
and each state has their own adaptation – are depicted as a circular
Copyright © 2020. Taylor & Francis Group. All rights reserved.

configuration, with certain guiding principles at their centre and differ-


ent tactical options surrounding the circle. For instance, the most recent
Victoria Police model has centred the principles of “safety first” and
“assess and reassess”, followed by “communication skills”, from which
all other police options extend, including police presence and the use
of different weapon-less and weapons tactics. Based on an officer’s risk
assessment, they may escalate or deescalate their response to the situa-
tion by choosing from the various tactics whilst ensuring that they con-
tinually assess the situation, communicate with the citizen, and ensure
the safety of all (Tuckey, 2004).
The ANZPAA guidelines specify that police organisations need to
collect data on use of force encounters (2014). Until very recently, Vic-
toria Police’s Use of Force Register, established in 1995, was the only

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
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CHAPTER 11: POLICE USE OF FORCE 187

comprehensive recording method of use of physical force by officers in


response to threat or use of physical force by the public (Victoria Police,
2004). When force incidents occur, involved officers fill out a “Use of
Force Form” entering details about incident type and location, envi-
ronmental factors, personal characteristics of citizens, force type used
by police and citizens, outcomes, and injuries. It has previously been
estimated that underreporting on the Use of Force Register is anywhere
between 20% and 70% (Strong, 2009).
In other states, the situation with regard to when and what force is
recorded varies somewhat, however due to the lack of published infor-
mation and no current national recording/reporting mandate, there is a
significant gap in our knowledge about what actually occurs nationally.
Similar to Victoria Police, Australian Capital Territory police must also
complete and submit a detailed “Use of Force Report” in all instances
where they have used or threatened to use force, excluding verbal
threats/commands (ACT Annual Report, 2016/17). In Queensland, use
of force reporting captures a more limited range of force options: offic-
ers are only required to report when they deploy or present a Firearm,
Taser, and Oleoresin Capsicum (OC) Spray; are involved in a pursuit;
or cause an injury requiring first aid or medical treatment. As such, only
the more severe levels of force are captured in a limited detail on Signifi-
cant Event Messaging System database (SEMS) (Hine, Porter, Westera, &
Alpert, 2018a). In New South Wales, wherever police use force they
are then urged to complete mandatory use of force fields in the COPS
database (Computerised Operational Policing System) (NSW Police,
2019). In Western Australia, following significant reform to their use
of force policies and procedures in 2009, use of force data is collected
and reported every time police use an instrument as a force option, or
use handcuffs or empty hand tactics and cause an injury (Western Aus-
tralia Police, 2010). Their system reporting appears very detailed and
requires not only multiple information from drop down menus similar
to what occurs in Victoria but also provision of comprehensive narra-
tive explanations of the incident. It remains unclear what the level of
compliance with the completion of these forms actually is and whether
Copyright © 2020. Taylor & Francis Group. All rights reserved.

similar issues to those noted in Victoria arise elsewhere (Strong, 2009).

FATAL POLICE USE OF FORCE INCIDENTS


Dalton (1998) reported that between 1990 and 1997, of the 41 people
who were fatally shot by the police in Australia, the vast majority were
male, aged 33 on average, who were either threatening or attempting
to assault or kill police during the incident. Between 1990 and 2004,
there were 76 police shooting deaths across Australia, with the major-
ity of these occurring in Victoria (n = 29), followed by the New South
Wales (n = 18) (Brouwer, 2005). More recently, the Australian Insti-
tute of Criminology’s National Deaths in Custody Program (NDICP)
reported that there were 105 fatal police shootings between 1989 and

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
Created from unimelb on 2022-04-03 09:39:27.
188 DRAGANA KESIC AND STUART D.M. THOMAS

2011; and, of note, 1999–2000 saw 11 police fatal shootings nationwide


(AIC, 2013).
Perhaps as a result of Victoria consistently having the highest
number of police fatal shootings, the force has undergone sig-
nificant changes in its policy and practice from the mid-1990s.
Project Beacon, established in 1996, resulted in a number of sig-
nificant changes to policy and practice, including the introduction
of the Safety First Philosophy as a key element of all planned and
unplanned police engagements, implementation of the situational
tactical options model, and mandatory annual training (Brouwer,
2005). Consequent to these changes, there was a significant drop
in the number of fatal shootings in Victoria; however, subsequently
an increase in mental health issues among police fatalities emerged
as a significant point of concern (Brouwer, 2005). Of note, there
is a significant lack of research into fatal police force in Australia,
notwithstanding official investigations, such as legally required
coronial investigations. One notable study, conducted in Victoria
by Kesic and colleagues, offered some insights into the situational
characteristics of the 48 police fatalities that occurred between 1980
and 2007, namely, that the majority of these events occurred very
rapidly and that most of the decedents were behaving aggressively,
were resisting police, and were armed with a weapon (Kesic et al.,
2012a).

NON-FATAL POLICE USE OF FORCE INCIDENTS


Examinations of non-fatal police use of force in Australia have been
on the increase over the past decade, specifically; prior to then, there
was a distinct lack of wider research and knowledge about what occurs
locally. One of the first published analyses of non-fatal use of force inci-
dents was conducted in Queensland and revealed that police used some
form of physical force in 20% of arrests (Edwards, 2000).
An Office of Police Integrity review (Strong, 2009), using data from
the Victorian Use of Force Register, reported that in 2008 Victoria
Copyright © 2020. Taylor & Francis Group. All rights reserved.

Police resorted to using force every 2.5 hours, and that a critical inci-
dent occurred every 49 hours. Consistent with the extant research from
the USA, Strong found that police use of force occurred rarely, with
reported rates of use of force remaining steady at 0.14% of all reported
police-public contacts between 2004 and 2008.
Using the same police database, Kesic and colleagues (Kesic,
Thomas, & Ogloff, 2012b) examined a random sample of 4,627 cases
recorded between 1995 and 2008. Although they focused mainly on
the role of mental health issues in these events, overall they found that
most common behavioural presentations were violent behaviour, abu-
sive language, being alcohol affected, and being irrational/unstable.
The strongest predictor of police threat or use of weapons was citizen’s
behaviour, in particular, their threat or use of weapons, followed by

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
Created from unimelb on 2022-04-03 09:39:27.
CHAPTER 11: POLICE USE OF FORCE 189

violent behaviour and use of verbal aggression. These findings are in


line with other international research (Bolger, 2015).
There are a number of more recent studies conducted in Queens-
land. Some have examined police officers’ attitudes to use of force, their
intentions to use force and procedural justice measures (e.g. Bond, Mur-
phy, & Porter, 2015; Fildes, Murphy, & Porter, 2017; Porter & Alpert,
2017). Others have used different methodologies to examine (1) police
decision-making around use of force, and (2) official data on the char-
acteristics of use of force events, providing some important insight into
practices on a more national level.
Hine and colleagues (Hine, Porter, Westera, Alpert, & Allen, 2018b)
used a Naturalistic Decision Making (NDM) paradigm to look at
the police use of force decision-making in a sample of 91 recruits in
Queensland. They found that although the most common was intui-
tive decision-making style, there was evidence that recruits also used
analytical decision-making style. Davies (2017) examined 372 NSW
police recruits in the final stages of their recruit training with respect
to their decision-making during force simulation scenarios. The study
found that: (1) threat to themselves and others, presence of weapons,
and situational characteristics were most common factors that affected
police decision-making, and (2) the factors that influenced use of force
decisions in the field were: criticality of the incident, timing/pace of the
incident, safety of all, teamwork, and ability to refer to the knowledge
gained throughout the academy training.
More recently, McCarthy and colleagues (McCarthy, Porter,
Townsley, & Alpert, 2019a) examined 8,357 use of force reports by QPS
between 2013 and 2016. Similar to Kesic et al.’s 2012 findings in Victo-
ria, most common citizen characteristics were being violent, using abu-
sive language, and alcohol intoxication. They found that most common
incident type involved younger male citizens, and that they occurred in
areas with higher Indigenous populations, higher residential instability,
and areas with higher proportions of residents who were in the low-
est quartile for income. A follow-up examination of 18,322 serious use
of force events across three years in Queensland found that areas with
Copyright © 2020. Taylor & Francis Group. All rights reserved.

high crime rates, high density of alcohol-serving venues, higher levels


of residential instability, high levels of residents on long-term unem-
ployment benefits, and lower levels of migrants were associated with
more frequent police use of force (McCarthy, Porter, Townsley, & Alpert,
2019b). Of note, however, their results also suggested that more severe
levels of force are predicted by individual and situational factors rather
than environmental considerations.
In a further examination of 202 cases from official QPS data on
use of force, Hine and colleagues (2018a) found that in the majority
of events, officers used similar levels of force to the levels of suspect
resistance. However, when suspects showed high-risk behaviours such
as physical violence or possession of weapons, officers were less likely
to use higher relative force in response. The authors suggested this may

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
Created from unimelb on 2022-04-03 09:39:27.
190 DRAGANA KESIC AND STUART D.M. THOMAS

mean that police: (1) underestimate the levels of force presented, risk-
ing self-injury, or (2) enter high-risk situations more prepared and are
reluctant to use more force so as not to further escalate the incident. In
a follow-up study using the same data, Hine and colleagues (2018c)
examined officer injuries, reporting that in almost half of the events,
officers sustained an injury. The strongest predictors of officer inju-
ries were encounters with physically aggressive suspects and instances
where the police reported using less force relative to the suspect’s level
of resistance.
In terms of other official data, the most prominent around Australia
have been Ombudsmen investigations into police use of Tasers, with
no published research studies on these. Tasers are now widely used by
police forces around Australia: Some claim that their widespread use
comes without solid evidence that Tasers decrease police injuries and
reduce fatal use of force and in spite of significant concerns raised about
their distinct potential for adverse health consequences. These concerns
relate to their ability to cause serious injury and even death in some
cases (Baker & Bacharach, 2017) and their potential overuse with peo-
ple who appear or are known to be experiencing mental health issues
(Dymond, 2018; Hallett et al., 2020; O’Brien & Thom, 2014). Tasers
are considered to be used by police any time they are presented/drawn,
aimed, or discharged, and police forces around Australia have specific
and similar provisions detailing when they can be used. For instance,
NSW Police Taser Manual (New South Wales Police Force, 2016) speci-
fies that Tasers be used only to protect: (1) human life, (2) self/other
where violent confrontation is occurring or is imminent, (3) another
officer in danger of being overpowered or self/others from risk of actual
bodily harm, and (4) from animals. In their policies around the use of
Tasers, police forces generally specify situations when Taser use should
be avoided, such as on children, pregnant women, and people known
to have a mental health issue (e.g. Barbour, 2012; Shoyer, 2017).
One of the earliest Australian examinations of Tasers was the Queens-
land Police Force’s review (2009). Among other things, the review found
that Tasers were most likely to be used on Caucasian males between
Copyright © 2020. Taylor & Francis Group. All rights reserved.

the ages of 20 and 29, where the majority were under the effects of
substances but did not possess weapons. In Western Australia, a post-
implementation review of Tasers between 2007 and 2009 revealed vari-
able trends, including an overall increase in Taser use (CCC, 2010; WA
Police, 2010). Consequently, the Corruption and Crime Commission
(2010) cautioned about a possibility of Tasers “mission creep”, and a
particular concern about their (over)use with some vulnerable popula-
tions (CCC, 2010).
The NSW Ombudsman’s report into the use of Tasers (Barbour,
2012) reviewed 556 incidents, finding that most of the citizens involved
did not have weapons (74%) when the police used their Taser, findings
similar to those in Queensland. There were only a small number of inci-
dents where the Taser was used instead of a firearm, thereby discounting

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
Created from unimelb on 2022-04-03 09:39:27.
CHAPTER 11: POLICE USE OF FORCE 191

the often-cited argument that their introduction would prevent the use
of firearms. Similarly, the NSW Ombudsman opined that although
there was a reduction in police injuries, this trend began prior to the
introduction of Tasers and therefore that this reduction could not be
attributed to the introduction of Tasers to operational members.
Following reports of inappropriate use of Tasers in the Northern
Territory, its Ombudsman criticised police policy for lacking in clarity
and detailed information, and officers for not being informed about
the dangers of Taser use (Shoyer, 2017). Significantly, there have been
no publicly available outcomes reported in relation to any subsequent
investigations of Taser use in Australia. Interestingly, a recent media
investigation, using NSW police use of force data obtained covering the
period between 2014 and 2018, reported very limited Taser use-related
information (Gladstone, 24/9/2019).

AUSTRALIAN POLICE USE OF FORCE ON PEOPLE


EXPERIENCING MENTAL HEALTH ISSUES
Different states around Australia have provisions about police interac-
tions with people who appear to be experiencing a mental illness. For
instance, in NSW it is section 22 of the Mental Health Act 2007 (NSW)
and in Victoria it is section 351 of the Mental Health Act 2014 (VIC).
Similar to the rest of the Western countries, these provisions give police
the power to use the necessary force in order to apprehend a person who
appears mentally ill and is at risk of self-harm or harm to others, for the
purpose of conveying them to appropriate psychiatric assessment.
Despite the limited research, the available findings suggest that the
presence of a citizen’s mental health issues is an important considera-
tion in fatal force incidents. Of the 105 police fatal shootings between
1989 and 2011, 42% were recorded as decedents who had a mental
illness diagnosis, schizophrenia being most common (AIC, 2013). His-
torically, Victoria Police had the highest proportion of fatal shootings
nationwide, and also saw a concerning trend – fatally shooting people
with a known history of mental illness, which resulted in an Office of
Copyright © 2020. Taylor & Francis Group. All rights reserved.

Police Integrity (now the Independent Broad-based Anti-Corruption


Commission) investigation into those shootings (Brouwer, 2005).
In one of the rare published research studies on this issue in Victoria,
Kesic and colleagues (2010) found very similar rates of diagnosed men-
tal illness in a sample of 48 police fatalities between 1980 and 2007
as those reported by the AIC at the national level. Concerningly, the
study by Kesic and colleagues (2012a) also showed that, in a third of
these incidents, there was evidence for suicide-by-police, where diag-
nosed mental illness, a history of suicide attempts, and alcohol intoxi-
cation were significantly more likely to occur in a subset who met
the suicide-by-police criteria. In a follow-up study, Kesic and Thomas
(2017) utilised a random 20% of all police-attended incidents in one
year, finding that Victoria Police members reported attending incidents

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
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192 DRAGANA KESIC AND STUART D.M. THOMAS

that meet attempted suicide-by-police criteria up to three times weekly,


and resolve them successfully. Significantly, officers perceived that com-
munication and negotiation were the most effective operational tactics
used.
Brouwer’s investigation highlighted two factors as contributing
to the increased number of police shootings of persons with mental
health issues: (1) police lack of training in effective management of
incidents that involve persons experiencing mental illness and distress,
and (2) a lack of effective partnerships and protocols between Victoria
Police and other government agencies responsible for the care of people
experiencing mental illness. Consequently, Brouwer found that train-
ing, procedures, and policies governing critical incidents and incidents
involving people experiencing mental illness were not adequate and
made 55 recommendations to Victoria Police to improve these. A sub-
sequent Office of Police Integrity Review urged Victoria Police to com-
mit to implementing those recommendations (Strong, 2009). In 2010,
all operational officers received a full-day training in managing inci-
dents involving people experiencing mental health issues (Kesic et al.,
2012b). This training was a mix of scenario-based exercises and didac-
tic learning. It is unclear what has occurred since 2010 with respect to
the provision of ongoing training on how to engage with people who
experience mental distress, specifically related to using effective com-
munication and negotiation strategies, as historically and anecdotally
these skills had been overlooked in their training in favour of weapons
skills training (e.g. Brouwer, 2005). Indeed, Stoughton (2015) argued
that the “warrior mindset” that characterises most police organisations
undervalues police use of verbal/non-force tactical options, resulting
in greater emphasis on an authoritarian style of interactions and force-
tactics (see Thomas, Chapter 15).
There are very limited studies examining the incidents of mental
distress in non-fatal use of force incidents in Australia. The most nota-
ble study to date was Kesic and colleagues’ examination of a random
sample of 4,267 incidents (Kesic, Thomas, & Ogloff, 2013a). A minor-
ity (7.2%) of these cases involved people whom Victoria Police offic-
Copyright © 2020. Taylor & Francis Group. All rights reserved.

ers perceived to have a mental illness at the time; however, they were
more likely to use/threaten to use weapons on police and have weap-
ons used/threatened to be used against them than those who were not
perceived to appear to have a mental illness (Kesic et al., 2013a). Very
similar rates were found in a recent study by McCarthy and colleagues
in Queensland (2019a). Conversely, more than a third of these 4,627
cases in Victoria had a history of formally diagnosed mental illness,
with rates of severe mental illness being significantly overrepresented in
this sample as compared to their prevalence in the Victorian population
(Kesic et al., 2013b).
Mental distress has most commonly been examined in investigations
of police use of Tasers in Australia. For instance, the NSW Ombudsman
found that almost a third of people involved in Taser-related incidents

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
Created from unimelb on 2022-04-03 09:39:27.
CHAPTER 11: POLICE USE OF FORCE 193

were thought to be experiencing a mental illness at the time (Barbour,


2012), a finding similarly echoed in a media analysis of police Taser use
between 2014 and 2018 in NSW (Gladstone, 24/9/2019). Even prior
to such a widespread roll-out of Tasers across Australia, the Crime and
Corruption Commission warned of inappropriate use of Tasers in inci-
dents where mental distress was a factor, at times even in the absence
of attempts to first use other tactical options (CCC, 2010). Significantly,
and in line with Australian investigations, the most recent international
meta review of 33 studies found that the overall prevalence of Taser
use on people in mental health distress was 28% (Hallett et al., 2020).
It was reported that Tasers were used by police in a range of settings,
including in residential settings, and that police often had prior knowl-
edge about the person’s mental health condition. The authors main-
tained that these results were very concerning, cautioning that “there is
an increasing need to monitor the use of Tasers on people experiencing
mental distress” (p. 12) especially when considering the proliferation
of Tasers around the world.

CONCLUSION
Overall, there are a number of critical issues with respect to police use of
force in Australia; many have been noted throughout this chapter, and a
few will be highlighted here. At present, there is no uniform mandatory
national reporting on police use of force. A level of standardised use of
force recording across the different states that is regularly collated and
published would not only provide a consistent unit of analysis to work
from to improve policy and practice but would also serve to improve
public perceptions of police legitimacy by means of the increased trans-
parency. Further, and pertaining to the issues of over-representation of
use of force, including Tasers, on people experiencing mental health
issues, there is a crucial need for police forces around the country to
provide regular publicly available data on this issue. The lack of focused
examinations, both academic and official, in this area over the last dec-
ade is very concerning, yet extant evidence tells us that this issue requires
Copyright © 2020. Taylor & Francis Group. All rights reserved.

specific and ongoing attention (e.g. Hallett et al., 2020). Furthermore,


there are significant recent policing changes (e.g. introduction of the
Hostile Vehicle policy, and roll-out of semi-automatic long-arms to
police in regional Victoria for managing high-risk incidents) that need
to be carefully monitored against their impact on vulnerable popula-
tions. Lastly, a lack of published research examinations of police use of
force in Australia in general, and particularly to do with the issues per-
taining to police contact with people experiencing mental health issues,
needs immediate attention. It is crucial that research, which accelerated
in the last decade, continues to be built on and prioritised by polic-
ing organisations in partnership with academic institutions. Crucially,
future research ought to heed the findings of recent meta-analyses and
ongoing critiques of extant international research to ensure meaningful

Birch, P, Kennedy, M, & Kruger, E (eds) 2020, Australian Policing : Critical Issues in 21st Century Police Practice, Taylor & Francis Group, Milton.
Available from: ProQuest Ebook Central. [3 April 2022].
Created from unimelb on 2022-04-03 09:39:27.
194 DRAGANA KESIC AND STUART D.M. THOMAS

progression in the field. Therefore, as advocated by Klahm IV and col-


leagues (2014), instead of continuing to examine individual factors
that may influence police use of force through inconsistent and weak
methodologies, future research should focus on multilevel modelling
of organisational, environmental, and situational factors so as to be
able to provide a reliable and valid picture of the complexity of the
actual relationships and to meaningfully contribute to improvements
in policing policy and practice.

NOTE
1 Current preferred less stigmatising terminology: The broader term mental health
issues, which may include a formal diagnosis of a mental illness, will be used
throughout. Where required, formally diagnosed mental disorder is termed mental
illness.

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Available from: ProQuest Ebook Central. [3 April 2022].
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Introduction
Police Misconduct and
Integrity, International
and Australian
1
Perspectives

The first part of this chapter provides a global perspective on the problem of
police misconduct, including analyses of the causes of misconduct and strate-
gies designed to optimize integrity. Knowledge about both the causes and the
remedies for unethical policing has grown out of painful processes of inquiry
and review often triggered by major public scandals. The chapter provides a
brief history of the police corruption problem, including attention to recent
high profile cases in the United Kingdom, United States, and Canada. While
there is good baseline knowledge about effective anticorruption strategies,
there is a need for more advanced knowledge. The persistence of misconduct
cases, even in police departments with quite sophisticated integrity systems,
evidences the need for development in this area. With that goal in mind, the
second part of the chapter provides a rationale for a close examination of the
contemporary Australian experience with police integrity systems, given the
size of the historical misconduct problem in Australian policing and the range
of anticorruption initiatives that have been introduced in the past few decades.

Historical Background

Modern policing as we know it developed in the 19th century following the


establishment of the London Metropolitan Police in 1829. British Home
Copyright © 2012. Taylor & Francis Group. All rights reserved.

Secretary Robert Peel sought to place police on a professional footing, with


uniforms, salaries, selection criteria, a formal organization of tasks, a hierar-
chy of command and supervision, and detachment from politics. The “New
Police” were preceded by forms of law enforcement and crime prevention
that variously involved village watchmen, parish constables with customary
duties, militia, and private prosecution or “thief taker” societies (Johnston,
1991). These ad hoc forms of policing were generally ineffective, often capri-
cious and violent, and frequently corrupt. The fact that policing duties were
unpaid or poorly paid was one factor in a financial trade in justice that
favoured those able and willing to pay for preferential treatment (Critchley,
1967; Kappeler, Sluder, & Alpert, 1998).

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2 Police Integrity Management in Australia

The professional model of policing, which has been adopted from the
London model around the world, was, in theory, designed to make policing
a broad public service, impartial, free of corruption, with a commitment to
crime prevention and minimal use of force (Critchley, 1967, p. 51). However,
the fledgling forces in Britain faced many internal problems, including offi-
cers being found drunk on duty and numerous cases of neglect of duty and
acceptance of bribes. These problems also manifested themselves in many
colonial and postcolonial police forces, including in the United States and
Australia. Here the challenges of supervision, and the many pressures and
temptations on police, were exacerbated by problems of distance, rapid
population growth, and frequent lawlessness and frontier violence. In colo-
nial societies:

Police became enmeshed in crooked local politics; in the racist, sometimes


genocidal, policies of the time; in the brutal suppression of labour strikes; and
in organised protection rackets involving alcohol, gambling, prostitution, and
abortion. The beating and torture of suspects became a routine way of admin-
istering justice for minor crimes and extracting confessions for serious crimes
(Prenzler, 2009b, p. 2).

While the development of more settled middle class societies in the lat-
ter part of the 19th century allowed for improvements in policing, in many
countries, notably the United States, the professional movement was under-
mined in the prohibition period in the 1920s and 1930s with the growth of
alcohol-related organised crime. The protection of illegal liquor and vice out-
lets, and the unjustified use of force, remained common features of many
police departments until well into the 1970s (Kappeler et al., 1998).
The 19th and 20th centuries also saw the growth of more sinister forms
of aberrant policing in the form of “security police” or “secret police” operat-
ing in “police states” (Prados, 1986; Prenzler, 2009b). Initially, secret police
Copyright © 2012. Taylor & Francis Group. All rights reserved.

organisations were formed to protect monarchies from revolutionary move-


ments, but the models were adopted by left- and right-wing dictatorships
in the 20th century, first in Europe and Russia, then in South and Central
America, Africa, and Asia and the Middle East. State security police in auto-
cratic regimes act against their own populations through systematic human
rights abuses. Their work is characterised by close surveillance, kidnappings,
torture, mock trials, and executions, and, in some cases, by the deployment
of death squads. They generate a climate of fear and constant uncertainty,
and often coercively recruit citizens into their extensive networks of spies
and informants.
The latter part of the 20th century saw a variety of dramatic exposés of
police misconduct through the instrument of the well-resourced and legally
empowered judicial inquiry (Prenzler, 2009b). The most famous of these was

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 3

the Knapp Commission of Inquiry in New York City from 1970 to 1972.
The Knapp (1972) Report exposed a highly organised system of payments
to police for the protection of illegal parking as well as vice, illicit gambling,
and drug dealing. Police also operated an extortionate system of gratuities
against café and bar owners. They engaged in theft of money and valuables
from crime scenes, and there was widespread abuse of the department’s over-
time and sickness benefit schemes. There was also a major problem with the
fabrication and manipulation of evidence, and bribery of lawyers by police
(Daley, 1978).
The Knapp Commission established a benchmark for inquiring into
police conduct issues. Subsequent enquiries have made good use of the
suite of investigative tools developed by the Commission, including com-
pelling testimony, providing indemnities to witnesses, covert surveillance,
and stings. Many prominent police forces have been subject to inquiries
or reviews that have exposed systemic problems of financial corruption,
legal process corruption, violence, racial and sexual discrimination, and
neglect of duty. The 1991 Christopher Commission, which followed the
beating of African American Rodney King, identified a culture of exces-
sive force and brutality in the Los Angeles Police Department (Christopher,
1991). The later “Rampart Scandal” in 1997–1998 involved serious crimes
by a small number of officers, including armed robbery, theft of drugs,
assaults on detainees, and fabrication of evidence (Board of Inquiry, 2000).
In the United Kingdom, the 1981 Scarman Inquiry, which followed the
Brixton riots, revealed police harassment of racial minorities by London
Metropolitan Police officers (Scarman, 1986). The 1999 MacPherson Inquiry
into the investigation by Metropolitan Police of the murder of a Black teen-
ager again sparked revelations of racism in English forces (MacPherson,
1999). The 1982 McDonald Commission into the Royal Canadian Mounted
Police Security Service exposed a “dirty tricks” campaign against separat-
Copyright © 2012. Taylor & Francis Group. All rights reserved.

ist groups, including arson, burglaries, interference with mail, and data
theft (Royal Commission, 1981).
Inquiries and research in many democracies in the later decades of the
20th century revealed similar problems of entrenched and diverse forms of
police misconduct (Prenzler, 2009b). The 1990s represented a major turning
point in the conditions necessary for democratic policing with the collapse of
the Soviet Union and the liberation of the Eastern Bloc countries. However,
reform of the Russian police has been particularly problematic, with ongo-
ing problems of opportunistic graft and extortion, police involvement with
organised crime groups, politicized prosecutions, and widespread denials of
human rights (Beck & Robertson, 2009). Recent research involving inter-
views and surveys of members of the public has led to the conclusion that:

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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4 Police Integrity Management in Australia

…in Russia, it appears that torture by state law enforcement officials is an


entrenched and systematic problem. Torture is carried out for multiple pur-
poses, including as extra-legal punishment, and in order to fabricate evidence
by eliciting false confessions and false testimony. This then corrupts the whole
legal process. However, it appears that the official policy is to either deny or
deliberately ignore the problem. This means that corrupt police can act with
confidence that they have impunity from investigation, prosecution, and
accountability. (Gilinskiy, 2011, pp. 169–170)

Reform of police in postcommunist Eastern Europe has been particu-


larly challenging where civil war has broken out (in areas such as the former
Yugoslavia) where police have been heavily militarized with little in the way
of accountability to civil society (Vejnovic & Lalic, 2005). The world’s most
populous country—The People’s Republic of China—remains a communist
police state, with no democratic lines of accountability to curb police abuses
(Wong, 2011). Following the 9/11 terror attacks, an international coalition,
led by the United States, sought to impose democracy on Afghanistan and
Iraq. A key challenge in these emerging democracies, with ongoing major
ethnic and religious conflict, has been the creation of apolitical police forces,
free of personal and tribal loyalties, and free of the reflex to coerce confes-
sions and fabricate evidence (Wilson & Grammich, 2011). The recent demo-
cratic revolutions in Tunisia, Egypt, and Libya all now face major challenges
in converting their police forces from malevolent instruments of state power
and terror to virtuous servants of the people.

Recent Cases

In the 21st century, unreconstructed police forces remain a major obstacle


to the advancement of democracy and enjoyment of human rights. What
Copyright © 2012. Taylor & Francis Group. All rights reserved.

is of particular concern in established democracies is that while (a) there is


a substantial body of knowledge about the causes and prevention of police
misconduct, (b) policing remains plagued by scandals, largely as a result of
the failure to implement ethical standards and best practice methods of cor-
ruption detection and prevention.
A recent case in point concerns police involvement in the “phone hacking
scandal” in Britain. In 2011, the Commissioner and Assistant Commissioner
of the London Metropolitan Police Service resigned over the police role in the
affair in which tabloid journalists accessed the phone messages of celebrities,
politicians, and crime victims. Police failed to investigate repeated allegations
despite probative evidence, and were also compromised by improper associa-
tions with newspaper executives and reporters, including through hospital-
ity, lunches, gifts, and a partial “revolving door” of staff appointments (van

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 5

Natta Jr, 2011). An investigation is also underway into police selling confi-
dential information to journalists. The scandal overlapped with widespread
rioting in August 2011, allegedly triggered by a police shooting of a Black
man (Muir & Taylor, 2011).
Recent assessments of corruption in British policing by Transparency
International UK (2011a, 2011b) found that anticorruption systems appeared
to be robust, especially given the presence of the Independent Police
Complaints Commission (IPCC) in England and Wales, but that there
was insufficient detail in official data to obtain an accurate picture of the
nature and extent of police involvement in unethical practices. One report
pointed to the lack of accountability of individual officers in high-profile
cases, including the 2005 shooting death of illegal immigrant Jean Charles
de Menezes in the London Underground in a counterterrorism operation,
and the 2009 death of Ian Tomlinson after he was knocked to the ground
by an officer during G20 protests (Transparency International UK, 2011b).
Another of the Transparency International reports emphasised emerging
corruption threats:

The rise of personal IT use through social networking, online dating, and so
on, has opened new opportunities for corruptors to approach members of
the police. It also enables corruptors to access higher levels of personal infor-
mation than was once possible. New subcultures have emerged, particularly
involving bodybuilding and weightlifting, forging new associations between
criminals and members of the police force. All of these factors have contrib-
uted to increased risks of exposure to corruptors for potential police targets
(Transparency International, 2011a, p. 16).

The report also provided some detail on selected serious cases of mal-
practice (2011a, p. 16):

In March 2010, former Detective Chief Superintendent Phil Jones was jailed
Copyright © 2012. Taylor & Francis Group. All rights reserved.

for 18 months for misconduct in a public office and conspiracy to commit


fraud by false representation. Jones persuaded former colleague David Lloyd
to pass him information from police computer systems and also employed
freelance investigator Christopher Barnett, 37, to illegally pose as a customer
to gain information from government and private institutions. Lloyd also
had been supplying police information to Robert Morgan, a known criminal
involved in drug dealing, and when Lloyd was arrested he was found to be
concealing more than £200,000 of Morgan’s money in his attic.

In 2010, Metropolitan Police Commander Ali Dizaei was sentenced


to 4 years in prison for misconduct in a public office and perverting the
course of justice. Dizaei was a former president of the Metropolitan Black
Police Association, and had 24 years experience as a serving officer. He had

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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6 Police Integrity Management in Australia

previously been investigated for a number of allegations. One investigation


examined claims of corruption, fraud, and dishonesty and involved a multi-
million-pound undercover operation. Dizaei had been accused of spending
more than £5,000 on clothes and perfume during a trip to the United States,
but an inquiry by Dorset Chief Constable Martin Baker found no evidence
of wrongdoing.
In November 2010, Police Constable (PC) Stephen Mitchell, of
Northumbria Police, was convicted of two charges of rape and three indecent
assaults and was also found guilty of six counts of misconduct in a public
office. Mitchell was able to become a police officer despite being accused of
a serious sexual offence before applying to join. During his trial, it emerged
that he had been disciplined when it was discovered he had sex with a woman
he had met as part of his duties. Mitchell also had previously been disciplined
for looking up his wife’s new friends on the police computer after the couple
had separated, and was fined three days wages.
Contemporary policing in the United States is also plagued by recur-
ring scandals and allegations of misconduct. The Civil Rights Division of the
Federal Department of Justice is engaged in an ongoing process of investi-
gation and attempted reform of police departments that evidence patterns
of abuse. In September 2011, the Division had 17 investigations underway
(Savage & Alvarez, 2011). A March 2011 report on the New Orleans Police
Department found that:

…for too long, the Department has been largely indifferent to widespread
violations of law and policy by its officers. NOPD does not have in place the
basic systems known to improve public safety, ensure constitutional practices,
and promote public confidence. We found that the deficiencies that lead to
constitutional violations span the operation of the entire Department, from
how officers are recruited, trained, supervised, and held accountable, to the
operation of Paid Details [an overtime scheme]. In the absence of mechanisms
to protect and promote civil rights, officers too frequently use excessive force
Copyright © 2012. Taylor & Francis Group. All rights reserved.

and conduct illegal stops, searches, and arrests with impunity. In addition,
the Department’s culture tolerates and encourages under-enforcement and
under-investigation of violence against women. The Department has failed
to take meaningful steps to counteract and eradicate bias based on race, eth-
nicity, and LGBT [lesbian, gay, bisexual, and transgender] status in its polic-
ing practices, and has failed to provide critical policing services to language
minority communities (United States Department of Justice, 2011a, p. v).

The New Orleans Police Department had received international atten-


tion over police shootings of civilians in the aftermath of Hurricane Katrina
in 2005. In 2011, four officers were convicted in relation to the fatal shootings
of two civilians and the wounding of four others on the Danziger Bridge
(Usborne, 2011). The officers’ supervisor was also convicted in relation to the

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 7

cover-up of the event. Also in 2011, a New Orleans police officer was con-
victed for kicking and beating a man to death, while his partner was con-
victed in relation to inaction and covering up the attack (McCarthy, 2011).
The U.S. Department of Justice Civil Rights Division also produced a
damning report on the Puerto Rico Police Department in 2011. It stated:

…Based on our extensive investigation, we find reasonable cause to believe


that PRPD officers engage in a pattern and practice of:
• excessive force in violation of the Fourth Amendment (related to
searches and seizures);
• unreasonable force and other misconduct designed to suppress the
exercise of protected First Amendment rights (related to rights of
assembly and free speech); and
• unlawful searches and seizures in violation of the Fourth Amendment.
In addition to these findings, our investigation uncovered other defi-
ciencies of serious concern. In particular, there is troubling evidence
that the PRPD frequently fails to police sex crimes and incidents of
domestic violence (United States Department of Justice, 2011b, p. 2).

The report also identified a particular problem with police race-based


discrimination against persons of Dominican descent and failure to enforce
the law against officers who commit domestic assault. Furthermore, the
report also strongly implied that police misconduct was part of the problem
of escalating crime, including violent crime, in Puerto Rico.
The Royal Canadian Mounted Police (RCMP) in the 2000s provides
another example of a police force embroiled in controversy over misconduct
allegations. The RCMP has had a long-standing reputation for integrity. It
was “arguably the most revered and iconic of Canadian institutions,” but has
“come under extreme criticism in recent years, leaving its future existence
in question” (Perrott & Kelloway, 2011, p. 120). A shift in policy away from
Copyright © 2012. Taylor & Francis Group. All rights reserved.

community-based policing to a more security-oriented role is alleged to have


alienated the Mounties from their public constituency and initiated a more
politicised management culture that allowed ethical standards and responsi-
bility to slide. Perrott and Kelloway (2011) identify four major scandals that
illustrate the nature of these problems and turned public opinion strongly
against the organization. The first was the exposure of “the pension scandal,”
involving embezzlement, persecution of whistleblowers, and the inevitable
cover-up. Second, “the Maher Arar Affair” involved the arrest of Canadian
citizen Maher Arar by U.S. authorities at JFK airport on a flight from Tunisia
to Canada. His arrest was allegedly based on information supplied by the
RCMP implicating him in the Al-Qaeda terrorist organization. After his
arrest, he was flown to Syria, where he was held captive for a year and tortured
under the U.S.’s “extraordinary rendition” program of offshore processing of

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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8 Police Integrity Management in Australia

terror suspects. He was later exonerated by the Canadian government. Third,


“the Mayerthorpe murders” involved the ambush and murder of four junior
RCMP officers in a drug raid due to lack of proper planning and risk manage-
ment. The fourth scandal involved the death of Robert Dziekanski after he
was repeatedly Tasered by RCMP officers after an airport altercation. Video
of the incident released on YouTube revealed that the officers over-reacted to
disruptive but nonthreatening conduct by the man.

Impacts

Cases of police misconduct undermine the rule of law and often have a serious
negative impact upon public attitudes toward the police. This is often espe-
cially the case with ethnic and racial minorities (Kaariainen, 2007; Weitzer,
2002, 2004). This negativity reduces public cooperation and impedes police
effectiveness. In the New Orleans and Puerto Rico cases (above), the U.S.
Department of Justice reports (2011a, 2011b) noted that systematic violations
of civil rights had alienated communities to the extent that police could not
engage local communities in problem-solving and partnership approaches
to crime prevention. Public mistrust and resistance is also particularly dam-
aging in the present environment of terrorist threats, with increasing con-
cerns about threats to public safety from terrorist attacks, as well as increased
police powers under new counterterrorism legislation that engender added
risks for suspects who may be held without charge and subjected to investi-
gative misconduct. Police themselves acknowledge that effective counterter-
rorism policing is dependent on information from the public, and often this
information is held by ethnic minorities who are easily alienated by police
discrimination or neglect (Murray, 2005).
Police corruption also directly contributes to criminal victimisation,
especially through graft and protection of organised crime (Prenzler, 2009b).
Copyright © 2012. Taylor & Francis Group. All rights reserved.

Police involvement in the drug trade contributes to the misery of drug addic-
tion and the violence associated with the drug trade. Police protection rack-
ets also frequently involve illegal gambling, which can lead to severe debt and
poverty—and prostitution—which can involve human trafficking, sex slav-
ery, and even child prostitution. More generally, when police are collecting
payments, sleeping on the job, or drinking on duty, they are neglecting crime
and victims of crime (Knapp, 1972, p. 146). Inaction by police, along with
distrust of police, has been identified as a factor in wealthy persons turning
to private security and the enactment of vigilante justice (Commonwealth
Human Rights Initiative, 2005). Repressive policing, especially race-based
harassment, can trigger riots involving extensive property damage and loss
of life (Perez, Berg, & Myers, 2003).

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 9

Another major consequence of police misconduct is miscarriages of


justice, where police fail to prosecute offenders and innocent people are
wrongfully convicted. Wrongful convictions have resulted in many innocent
persons spending decades in prison or even being executed (Prenzler, 2009a,
Chapter 6). Miscarriages of justice almost invariably begin with police inves-
tigative misconduct, which feeds through the entire criminal justice system,
reducing public trust in the impartiality and reliability of the system.
Unethical policing is also a major drain on the public purse through suc-
cessful litigation by aggrieved citizens. Rodney King won US$3.8 million
from the City of Los Angeles after he was beaten by police officers (BBC News,
2002). In a notorious case in New York City, Abner Louimas settled with the
City Council for US$8.75 million after he was assaulted and anally raped
with a drain plunger handle while in police custody (Matthews, 2007). In the
5 years to the end of 2009, it was estimated that police actions were costing
New York City US$117.6 million per annum in payments to litigants (Dwyer,
2009). More recently, in Minneapolis, police actions cost the city US$3.3 mil-
lion in the first 7 months of 2011 (McKinney & Mitchell, 2011). Judicial inqui-
ries and anticorruption systems also come at great cost to taxpayers.
Large numbers of complaints are another by-product of police mis-
conduct, entailing a cumbersome and expensive administrative burden on
police and oversight agencies. In England and Wales, with approximately
143,000 police, in 2009–2010, there were 33,854 complaints, represent-
ing an 8% increase over the previous year, including 58,399 separate alle-
gations (Home Office, 2010; Independent Police Complaints Commission,
2010). The complaints involved 35,557 police officers and there were also
5,584 appeals against decisions, representing a 21% increase on the previ-
ous year. In New York City in 2010, with approximately 34,500 police (New
York Police Department, 2011), the Civilian Complaint Review Board (2010)
received 17,024 complaints, although in this case the number represented
an 11% fall from the previous year. Police complaints often trend upward
Copyright © 2012. Taylor & Francis Group. All rights reserved.

or are fairly stable at high volumes over the long term, while documented
cases of major reductions in complaints are extremely rare (Porter, Prenzler,
& Fleming, 2011). Only a small proportion of complaints against police are
usually substantiated, and the majority often involve lower level “customer
service” issues, but all allegations signify a problematic police–citizen rela-
tionship. Complaints also typically represent only the “tip of the iceberg” of
public dissatisfaction. Surveys indicate that as many as 90% of people who
have felt they wanted to complain about police did not do so because they felt
it would not achieve anything or because they could not be bothered or they
were afraid of repercussions (Maguire & Corbett, 1991, pp. 53–55; Criminal
Justice Commission, 2000).
Police misconduct has numerous other negative and, at times, devastat-
ing effects (Prenzler, 2009b, pp. 17–20). Excessive force results in a spectrum

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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10 Police Integrity Management in Australia

of physical and psychological injuries, including death, disability, and Post


Traumatic Stress Disorder. Investigations into corrupt conduct can destroy
the careers and families of police, and lead to the suicide of accused officers.
Misconduct also often undermines harmonious working relations between
police, and can involve intense persecution of nonparticipants or informants.

Causes of Police Misconduct

Efforts to counter the tendency toward misconduct in policing need to be


based on an informed understanding of the causes of, or influences affect-
ing, officer conduct, which might present vulnerabilities that agencies can
assess and address. Proponents of the “bad apple” theory of corruption and
misconduct (Punch, 2003) assert individual level factors to be primarily
responsible for poor behaviour, such as personality, attitudes, or personal
circumstances, thus placing blame with the individual subject officer. Bad
apples, therefore, require screening out at the recruitment stage, or adequate
support, education, and training so that they can perform to the required
standard. However, individual members are also affected by their environ-
ment, which consists of the organisation that they are part of (the police) and
the work that they do (general and specific duties), as well as other people
that they come into contact with. Porter (2005) summarised these influ-
ences as “organisational” and “social” influences, and drew on psychologi-
cal literature to explain the potential effects of each on police misconduct.
Organizational influences, or obstacles to good performance, included an
organisational culture that values the ends rather than the means (e.g., crime
clear-up rates rather than professional standards); inadequate policies and
rules; poor or absent leadership; available opportunities, and; a lack of inves-
tigative capacity or consequences for misconduct. Social influences that can
encourage misconduct were described as a social culture that is closed to
Copyright © 2012. Taylor & Francis Group. All rights reserved.

external scrutiny, hostile to those who report misconduct, and supportive of


members who engage in misconduct (or turn a blind eye); colleagues, includ-
ing superiors, who do not uphold ethical values; and external influences from
associations with criminals, informants, or others who may encourage inap-
propriate behaviour in members.
Porter (2005) argued that strategies to prevent misconduct should address
both organisational and social influences. Table 1.1 summarises many of the
contributing individual, social, and organisational factors highlighted in
the literature, and potential focuses for prevention. These explanations are
picked up in different ways by inquiries and reviews. As one example, the
U.S. Department of Justice report on misconduct in the Puerto Rico police,
cited above, explained the extensive problems it identified in terms of a “pro-
foundly broken” system for making police accountable. The primary factors

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 11

Table 1.1 Summary of Contributing Factors to Misconduct and Corruption


and Associated Prevention Possibilities
Contributing Factors Prevention
Individual
Personality/attitudes/ Attitudes that support Recruit screening
coping mechanisms misconduct; personal Staff support
problems (e.g., financial,
drug/alcohol dependence/
stress); lack of knowledge/
skills/confidence

Organisational
Organisational culture Emphasis on performance Emphasis on professional
and clear-up rates standards
Policy/rules Lack of consistent policies Clear rules with definitions and
or unworkable rules working examples
Communication of rules and
ethics training from external
personnel on risks and
implications of corruption
Leadership Lack of supervisory Visible leadership, fair and
presence consistent appraisal and feedback;
transformational leadership
Opportunities Undercover work, Vetting, rotation, procedural
informant handling, controls (e.g., levels of access to
special squads (e.g., drugs) data)
Ineffective Knowledge of difficulties in Encourage reporting (help lines)
investigation/ proving and convicting for Openness and fairness of
consequences corrupt acts investigations
External oversight
Speedy and fair discipline process

Social
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Social culture Solidarity and silence, Intolerance to harassment—peer


pressure not to report, protection
negative toward
investigators and those
who cooperate
Colleague influence Influence from peers to Use solidarity to encourage
conform, influence of integrity
observing supervisor’s bad Good leadership (set good
example example)
External influence Pressure from family/ Combination of above, particularly
friends or criminals those associated with policy and
opportunities

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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12 Police Integrity Management in Australia

contributing to misconduct were analysed under the following headings


(2011b, pp. 5–7):

1. Policies fail to guide officers on lawful policing practices.


2. Preservice field training is insufficient.
3. In-service training is virtually nonexistent.
4. No external oversight of officer stands and training.
5. Tactical units have been allowed to develop violent subcultures.
6. Supervision is lacking.
7. Internal investigations take years to complete.
8. Discipline is seriously deficient.
9. Inoperable risk management system.

The Evolution of Police Integrity Management

During the 20th century many democracies were characterized by cycles of


failed police reform (Henry, 1994). Cases of police abuses would be brought
to light by the actions of courageous journalists, police whistleblowers, civil
rights workers, and others, which would force reluctant governments to estab-
lish judicial inquiries. These inquiries struggled against a wall of silence and
intimidation of whistleblowers, but they often indicated there was a problem
of systemic misconduct and recommended a raft of reforms. Some attempts
at reform might eventuate, although with little commitment to making real
changes in police governance and accountability. Police abuses would resur-
face and escalate, fresh scandal would ensue, and the inquiry and reform pro-
cess would repeat itself. However, since the Knapp Commission of Inquiry in
New York City, from 1970 to 1972, which forcefully articulated the problem
of reform cycles, there has been a much stronger commitment discernable in
many jurisdictions to embedding probity in policing (Henry, 1994).
Copyright © 2012. Taylor & Francis Group. All rights reserved.

Integrity management in policing has been marked by incremental change.


Systems can be categorised in different ways, but a simple division between
“basic” and “advanced” systems is one way to think productively about the field.
In democracies, basic systems begin with accountability to the public through
elected officials, often through a designated elected individual, such as a police
minister or mayor. Police also need to be “accountable to the law” (Sarre, 1989).
This has a number of meanings, but a key implication is that police should
not be immune from prosecution for criminal offences, such as assault, and
that officers or departments can also be sued civilly for wrongful actions, with
accountability through damages payable as a partial remedy to the successful
plaintiff, and punitive damages to deter future misconduct. Accountability to
the law should also involve the scrutiny of police conduct through the pros-
ecution process, where prosecutors and judges assess the nature of evidence

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 13

acquired by police and exclude material illegally obtained. Basic systems also
include supervision of officers within the police hierarchy, complaints investi-
gation and discipline, training in law and ethics, and applicant screening (e.g.,
through criminal history checks). Larger police departments have sought to
standardise disciplinary procedures and develop department-wide misconduct
prevention systems through the creation of dedicated professional standards
units. Since the 1950s, various forms of civilian oversight have been added to
the basic model, with these agencies usually limited to paper-based reviews of
police handling of complaints and disciplinary decisions (Finn, 2001). There
have also been advances in areas, such as applicant screening, with the addi-
tion of psychological tests designed to screen out applicants with a predisposi-
tion toward violence or deceit.
The history of police misconduct has shown that the basic model, includ-
ing various refinements, has been entirely inadequate to either prevent mis-
conduct or bring corrupt officers to justice. In response to this problem, a
range of advanced strategies have been developed. It is not necessarily the
case that all police departments should have these in place, but a mix is likely
to be necessary subject to the specific history and risk profile of departments.
The use of covert methods is an important addition (Marx, 1992). These can
include telephone intercepts, other listening devices, undercover operatives,
and “stings” or “integrity tests” (simulated corruption opportunities). These
methods have proved to be successful in exposing hidden corruption where
conventional investigative methods have failed. The use of overt recording
devices—including closed-circuit television (CCTV) in police stations/cells
and body-worn video—is an emerging tool to both deter and identify mis-
conduct, and to help dismiss false allegations against police. Video recording
of interviews, especially in-station interviews with suspects, is an extremely
valuable counter against false confessions (Dixon, 2006). The introduction
of drug and alcohol testing has also been valuable in minimising the prob-
lem of police drinking or being under the influence of alcohol while on duty
Copyright © 2012. Taylor & Francis Group. All rights reserved.

(Prenzler & Ronken, 2001). Drug testing is also seen as a valuable tool to
reduce drug use by police (Mieczkowski & Lersch, 2002).
Many of these strategies entail a “get tough” approach to detecting and
deterring misconduct, and are based in part on generating fear in officers.
However, a large body of research in social psychology and organisational
psychology shows that behavioural change through internalisation of val-
ues (e.g., “transformational”) is much more effective on a number of levels
than behavioural change through fear of punishment or desire for rewards
(e.g., “transactional”) (see Judge & Piccolo, 2004, for a meta-analysis). Girodo
(2003) also noted the difference between “values-based” and “compliance-
based” approaches to integrity management. In that regard, complaints
profiling and early intervention to address problem behaviour by police has
emerged in the international policing literature as a promising technique for

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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14 Police Integrity Management in Australia

reducing complaints through behaviour correction (Walker, 2003, 2007).


Early intervention systems are aimed at the early detection of potentially
escalating problems (utilising a number of warning indicators) and address-
ing the problem through interventions to correct the behaviour. Typically,
interventions are aimed at officer learning; recognizing that poor perfor-
mance can be due to “honest mistakes” rather than malicious intent.
Early intervention systems also tend to overlap with a trend toward
various forms of nonpunitive resolution of complaints, including through
apologies, explanations, and mediation. These can provide a relatively
inexpensive and efficient way of managing complaints in ways that are also
satisfactory to both complainants and the subject officers (Ede & Barnes,
2002; Prenzler, 2009b, pp. 97–112). However, evaluation studies also show
that aspects of the management of complaints resolution need service
delivery level improvements, and, to date, there has been no consistent
and comprehensive mainstreaming of these procedures. There are also
questions about which categories of complaints are best suited to dispute
resolution, which agency should manage the process, and how resolution
procedures should feed into primary and secondary misconduct preven-
tion techniques.
The advanced model has also included a shift to closer oversight of
police by external agencies with powers to conduct independent investiga-
tions, obtain evidence and testimony, and input disciplinary decisions. This
approach is based on findings of internal cover-ups and lack of appropriate
discipline by police professional standards units. Surveys of complainants
whose matters are dealt with by police through a traditional investigate and
prosecute approach normally show very high dissatisfaction rates, averag-
ing around 70 to 95% (Brown, 1987; Hayes, 1997). A common finding is that
dissatisfaction is linked to the lack of independence in complaints systems.
Complainants feel that investigations are not sufficiently rigorous and that
investigators favour the version of events given by the responding police offi-
Copyright © 2012. Taylor & Francis Group. All rights reserved.

cer. Complainants are also often dissatisfied due to poor communication,


not being kept up-to-date with the progress of their matter, and not being
given opportunities to meet with the subject officers and discuss the matter
through a mediator (Prenzler, 2009b, pp. 97–112; Prenzler, Allard, Curry, &
Macintyre, 2010).
Generally, there would appear to be a consensus that external agencies
should have the power to conduct their own investigations as well as review
or supervise police internal investigations. However, oversight agencies have
been created with differing models and powers, which are also evolving
rather than static (although subject to legislation and resources) (Seneviratne,
2004; Walker, 2001). Each agency involved in preventing and responding to
incidents of alleged police misconduct, therefore, has its own methods and its
own measures of performance.

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 15

The Australian Experience

Police Misconduct
Early policing in Australia, following European settlement in 1788, was char-
acterised by the same problems described above in 18th- and 19th-century
Britain and colonial societies, such as the United States. General police duties
were initially inappropriately assigned to militia, creating confusion between
the guarding of convicts and general law enforcement and crime prevention
responsibilities (Bryett, Harrison, & Shaw, 1997). The marines both avoided
their policing duties and exploited their position by committing opportu-
nistic crimes. The New South Wales Corps, established in 1795, was quick to
profit from an illicit trade in spirits, hence, the sobriquet “The Rum Corps.”
Efforts to improve policing included converting reformed convicts into con-
stables, but this tended to generate further conflicts (Prenzler, 2010).
It was virtually impossible to implement the New Police model in the
colonial environment, despite the influx of free settlers in the 19th century.
Police tended to maintain a paramilitary form as they struggled with prob-
lems of bushranging and disorder exacerbated by the gold rushes in the mid-
19th century (O’Malley, 1979). One of the darkest chapters in Australian
policing history involved the actions of the “Native Police” who acted as
flying squads against displaced indigenous tribes who threatened settlers.
The force consisted of native troopers under the command of White offi-
cers. Although officially intended to follow due process to arrest suspects, in
reality the strategy devolved into punitive expeditions that included shoot-
ing suspects and “dispersing” native groups by charging and firing at them
(Richards, 2008).
The expansion of colonial self-government, from the mid-19th century,
involved attempts to put police on a more professional footing. The 1833
Sydney Police Act placed police under the control of magistrates. However,
Copyright © 2012. Taylor & Francis Group. All rights reserved.

police continued to be held in low regard by many sections of the community


(Bryett et al., 1997). By federation in 1901, the system of state-based police
departments was firmly entrenched (absent local police departments), with
a small commonwealth force established in 1917. Police worked long hours
for low pay under difficult conditions. Discipline could be harsh, although
police discretion was difficult to supervise in the dispersed policing environ-
ment, and there were recurring allegations of corruption (Finnane, 1999).
Prohibitions or restrictions on gambling, alcohol, and prostitution generated
police protection rackets that continued in various forms well into the latter
half of the 20th century.
Judicial inquiries into police conduct in the 20th century were often
inconclusive, partly due to inadequate powers, but they also generally
failed to dispel presumptions of widespread misconduct. The first inquiry

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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16 Police Integrity Management in Australia

to systematically expose misconduct was the Fitzgerald Commission in


Queensland. The Fitzgerald (1989) Report lifted the lid on longstanding
police protection of organised crime and the management practices that fos-
tered corruption:

The Queensland Police Force is debilitated by misconduct, inefficiency, incom-


petence, and deficient leadership. The situation is compounded by poor organ-
isation and administration, inadequate resources, and insufficiently developed
techniques and skills for the task of law enforcement in a modern complex
society. Lack of discipline, cynicism, disinterest, frustration, anger, and low
self-esteem are the result. The culture which shares responsibility for and is
supported by this grossly unsatisfactory situation includes contempt for the
criminal justice system, disdain for the law and rejection of its application to
police, disregard for the truth, and abuse of authority (Fitzgerald, 1989, p. 200).

The Fitzgerald Inquiry was followed by the Wood Royal Commission


in New South Wales, from 1994 to 1997. Sydney had been seen as the most
corrupt city in Australia, with police protection rings that included politi-
cians, and police involvement in armed robberies and drug trafficking. The
Wood Commission identified a diminution in these practices, partly due to
the regulation of vice, but revealed numerous groups of police involved in
ongoing organised protection and graft, along with process corruption in
the form of fabrication of evidence, as well as assaults on suspects, extortion-
ate gratuities, opportunistic thefts, and continuing police involvement in the
drug trade (Wood, 1997). In Western Australia, the Kennedy (2004) Inquiry
also revealed “the full range of criminal conduct from stealing to assaults,
perjury, drug dealing and the improper disclosure of confidential informa-
tion” (p. 1).
Australia’s other major police force, Victoria, escaped a top-to-bottom
inquiry, but has been plagued by continuous allegations and exposés of mis-
Copyright © 2012. Taylor & Francis Group. All rights reserved.

conduct. One of the most notorious scams ran for two decades, across the
1970s and 1980s, involving kickbacks for preferential notifications by police
to emergency security hardware installers. Disciplinary charges were brought
against 550 officers (Ombudsman of Victoria, 1998). Victoria Police have
also been entangled in controversies over shootings of mentally ill persons,
“payback” shootings of criminals, political surveillance, sexual harassment
and discrimination against women police, harassment of police whistleblow-
ers, systematic abuse of strip searching, theft and on-selling of drugs, and
leaking of information to criminals (Office of Police Integrity, 2007a). More
recently, the Victorian Office of Police Integrity revealed the regular practice
of violence against suspects by the Armed Offenders Squad, and exposed a
high level plot to replace the police commissioner (Office of Police Integrity,
2009a). In 2011, the Chief Commissioner was forced to resign over allegations

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 17

that the Victoria Police released misleading crime data in order to support
the government during an election (Stewart, 2011).
There has also been a wider critique of police practices in Australia, con-
sistent with international trends from the 1960s. Police were criticised for
neglecting victims of hidden crimes, such as domestic violence and sexual
assault (Hatty, 1989). The 1991 report of the Royal Commission into Aboriginal
Deaths in Custody was highly critical of reactive arrest practices carried out
by police when dealing with problems of disorder and crime amongst indig-
enous Australians (Johnston, 1991). There have been repeated criticisms, as
well, of police behaviour in relation to high-speed pursuits, excessive force
against public demonstrators, and the over-use of arrest (Prenzler, 2010).

Police Reform and Civilian Oversight


Reform of policing in Australia has followed a tortuous path (Lewis, 1999).
Considerable resistance to improved accountability was mounted by police
management and police unions, and by politicians who felt it was better to
have police on their side than to alienate them with intrusive anticorruption
measures. For many decades in the post-World War II period, most police
departments had only the simple integrity infrastructure, or less, described
in the section titled The Evolution of Police Integrity Management under
“basic systems.” There were few or no measures to preemptively detect or
prevent misconduct. Very limited, often tokenistic, oversight was intro-
duced from the 1970s, mainly in the form of ombudsmen (Lewis & Prenzler,
1999). However, repeated scandals and commissions of inquiry drove major
structural change. The 1990s saw a shift away from ombudsman-style bod-
ies toward commissions, with significant powers to conduct independent
investigations; compel testimony and seize evidence; and develop programs
of research, education, and prevention. The Independent Commission
Against Corruption was established in New South Wales in 1989, with its
Copyright © 2012. Taylor & Francis Group. All rights reserved.

police role taken over by the Police Integrity Commission in 1996 as a con-
sequence of the Wood Commission. In Queensland, the Criminal Justice
Commission was established in 1990 in response to the Fitzgerald Inquiry
recommendations. The Victorian Office of Police Integrity took over from
the Ombudsman in 2004. In the same year, the Western Australian Anti-
Corruption Commission (est. 1996) was replaced with a more powerful
Crime and Corruption Commission as a result of the Kennedy Inquiry. An
Integrity Commission was established in Tasmania in 2010. One notable fea-
ture of developments in a number of Australian jurisdictions is the inclusion
of police within a public sector-wide, anticorruption commission in response
to scandals that included politicians and public servants, indicating a com-
mon risk profile for misconduct.

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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18 Police Integrity Management in Australia

The commissions of inquiry into police corruption also drove the intro-
duction of other advanced integrity strategies. The Wood Commission made
extensive use of undercover tactics, including stings and hidden cameras,
and was responsible for placing these tactics on the integrity management
agenda. A 1999 survey of the eight main police departments found a patch-
work of advanced strategies: two employed covert surveillance; two used
targeted integrity testing and drug and alcohol testing, with another two
planning their introduction; three had a form of complaint profiling and
early warning; and three had introduced complaints resolution (Prenzler &
Ronken, 2003). Overall, there was only a very limited uptake of proactive or
“smart” strategies. The work of the new external integrity agencies has been
similarly mixed (Prenzler, 2011; Ross, 2007). While most now have access to
inquisitorial and covert powers, these tend to be applied to very few cases.
The large majority of complaints are still dealt with by police, and oversight
agencies lack adjudicative powers. The limited use of independent authority
has generated ongoing dissatisfaction amongst complainants as well as jour-
nalists, civil libertarians, and academics. While there is a broad consensus
view that these reforms have assisted in eliminating the more blatant and
organised forms of police process corruption and financial corruption, there
are concerns with ongoing problems of excessive force and poor client ser-
vice standards. Each year, police in Australia are prosecuted and convicted
over a very wide range of offences (see, for example, Sandy & Baskin, 2011).
These convictions provide testimony to the commitment and vigour of the
contemporary integrity systems, but they also place a question mark over the
preventive value of the systems. High volumes of complaints against police
also remain a feature of the police landscape (Porter et al., 2011).

A National Stocktake Study


The past 40 to 50 years of inquiry and research into police misconduct has
Copyright © 2012. Taylor & Francis Group. All rights reserved.

led to the establishment of a strong knowledge base about the nature, causes,
and prevention of misconduct. Nonetheless, the question of “what works
in police corruption prevention and integrity management” remains one
of urgency, with a wide opportunity for further research and for improved
practice. Australia has been the site of numerous “natural experiments”
in police integrity management in response to findings of significant and
diverse forms of misconduct. There would appear to be a great deal to learn
from the Australian experience, both its successes and failures. The last two
decades in particular, since the time of the Fitzgerald Inquiry in Queensland,
have seen considerable innovation in techniques designed to address miscon-
duct risks. Indeed, one of the most salient features of contemporary polic-
ing in Australia is the large infrastructure dedicated to supporting integrity.
However, different jurisdictions have adopted different frameworks and

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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Introduction 19

strategies, and are at different stages of evolution. While there are numerous
jurisdictionally specific reports on reform, and some evaluations of specific
integrity strategies, there has, to date, been no national study comparing
integrity strategies across the eight main policing jurisdictions, including
both police departments and oversight agencies.
With this situation in mind, the authors set out to conduct a “national
stocktake” of police integrity strategies in operation in Australia. Comparative
studies have the advantage of highlighting overlaps in practices of agen-
cies working to common goals, as well as highlighting gaps in provision or,
indeed, innovative strategies that are currently in operation in one or just
a few locations. The study was designed to contribute to the international
scientific body of knowledge about police integrity management. It was also
designed to enhance knowledge sharing and advance best practice within
Australian policing, while also recognising that a “one size fits all” model
may not be appropriate in many cases, given different jurisdictional gover-
nance, laws, resources, and experiences. In summary, the project aim was to
provide a comprehensive picture of current and emerging police integrity
strategies at a national level in Australia. Specifically, the project aimed to
present information on:

• current jurisdictional and national practices;


• innovative integrity strategies;
• experiences and evaluation (positive and/or negative) of integrity
strategies; and
• opinions as to new and emerging issues in ethical policing that
require attention.

Eighteen agencies were selected for inclusion in the study, reflecting all
the state and territory police forces and their primary oversight and/or anti-
corruption bodies. Crime commissions and security agencies were omitted
Copyright © 2012. Taylor & Francis Group. All rights reserved.

due to the nature of their work presenting very different risks to state/terri-
tory policing. Table 1.2 lists the agencies, and departments, that participated
in the research. As noted above, policing in Australia is state- and territory-
based, with no local or regional police departments. The departments range
enormously in size (see Table 1.3). At the time of study, in 2009, the Australian
Federal Police consisted of approximately 3,000 sworn officers, while the New
South Wales Police Force had the largest number of sworn officers (around
15,000), and the Northern Territory, with the smallest population, had the
smallest number of sworn officers (approximately 1,000). Tasmania, being
geographically the smallest state, had a similarly small number of sworn offi-
cers (approximately 1,200).
The research was carried out through two methods: searches of public
documents and interviews with agency representatives. Systematic searches,

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
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20 Police Integrity Management in Australia

Table 1.2 Participating Agencies


Jurisdiction Police Oversight
ACT/ Australian Federal Police Australian Commission for Law
Commonwealth Professional Standards Enforcement Integrity
Commonwealth Ombudsman
NSW New South Wales Police Force Police Integrity Commission
Professional Standards Command NSW Ombudsman
NT Northern Territory Police Ethical Northern Territory Ombudsman
and Professional Standards
Command
QLD Queensland Police Ethical Crime and Misconduct
Standards Command Commission
SA South Australia Police Ethical and Police Complaints Authority
Professional Standards Branch/
Internal Investigations Section
TAS Tasmania Police Internal Tasmania Ombudsman
Investigations Unit/Police
Academy
VIC Victoria Police Ethical Standards Office for Police Integrity
Department
WA Western Australia Police Corruption and Crime
Complaints Administration Commission
Centre

Table 1.3 Sworn Officers by Jurisdiction,


Australia 2008–2009
Copyright © 2012. Taylor & Francis Group. All rights reserved.

New South Wales 15,394


Victoria 11,028
Queensland 10,124
South Australia 4,209
Western Australia 5,522
Tasmania 1,212
Northern Territory 1,024
Commonwealth* 2,842
Source: Australian Federal Police, 2009, p. 190; Productivity
Commission 2010, Tables 6A.1-6A.8.
* The Australian Crime Commission (2009, pp. 80 & 168)
had 418 staff, many of whom are seconded from other
policing agencies.

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
Created from unimelb on 2022-04-09 03:39:15.
Introduction 21

primarily using online resources, were conducted of reports and policy docu-
ments by (and concerning) the above agencies to identify measures aimed
directly or indirectly at preventing and responding to police misconduct or
enhancing police integrity, and associated performance indicators. Publicly
available reports were collected between 2008 and 2010, inclusive, and agencies
were also asked to provide any further documents or information appropri-
ate for inclusion in the research (e.g., policies, training materials, complaints
statistics, or data). Examples of reports utilised included agencies’ annual
reports, investigation reports, training materials, commissions of inquiry or
reviews of agencies, legislation, and also agency-specific policy documents.
Follow-up interviews were conducted between November 2008 and
December 2009 with key personnel in each agency to develop a detailed map
of current integrity practices and challenges encountered. Interviews were
tape recorded and transcribed. Each agency was asked to nominate a per-
son (or appropriate selection of people) to participate in an interview lasting
between 1 and 3 hours. Interviewees were presented with a list of integrity
strategies as prompts, and were asked about their agencies’ current strategies
and their opinions as to how effective these were. They were also asked to
share their experiences of particularly innovative and successful strategies
as well as emerging ethical concerns or issues. Interviews were, therefore,
semistructured and led by the interviewees to a certain extent, and different
agencies provided a different emphasis on topics, dependent on their func-
tions and experiences. Agencies were provided with a draft summary of the
findings regarding their jurisdiction and provided comments, clarification,
and updates where necessary.
The approach of the research was to offer a detailed picture of police
integrity frameworks and strategies in Australia during the period of study.
Practices and issues in this field are evolving as new issues are highlighted
and new practices explored and shared. The information reported here,
therefore, provides an overview of practices at the time of study that can
Copyright © 2012. Taylor & Francis Group. All rights reserved.

serve as both a platform to aid further change and, eventually, an historical


resource for tracking the extent of this change.

Conclusion

This chapter outlined key dimensions of the complex and continuing prob-
lem of police misconduct. Research shows that unethical policing has a cor-
rosive effect on society, undermining the system of democratic authority and
threatening the security of ordinary citizens. It fosters organised crime, gov-
ernment waste, public disaffection, victimisation, resistance to authority, and
noncooperation with police. Ensuring ethical conduct by police remains an
ongoing challenge for advanced democracies and a significant challenge for

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
Created from unimelb on 2022-04-09 03:39:15.
22 Police Integrity Management in Australia

emerging democracies. Australia is an advanced liberal democracy that has


not been immune from the problem of police misconduct. Malpractice has
occurred across a wide range of types, with many victims and the develop-
ment over time of a large infrastructure to combat the problem. The remain-
der of this book provides an in-depth examination of Australia’s police
integrity system, with evaluations about the value of different strategies and
numerous lessons for any government or community concerned to ensure
their policing is the best it can be.
Copyright © 2012. Taylor & Francis Group. All rights reserved.

Porter, L, & Prenzler, T 2012, Police Integrity Management in Australia : Global Lessons for Combating Police Misconduct, Taylor &
Francis Group, Baton Rouge. Available from: ProQuest Ebook Central. [9 April 2022].
Created from unimelb on 2022-04-09 03:39:15.

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