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Journal of Criminal Justice 32 (2004) 371 – 386

Studying the reach of deterrence: Can deterrence theory help


explain police misconduct?
Greg Pogarskya,*, Alex R. Piquerob
a
School of Criminal Justice, University at Albany, 135 Western Avenue, Albany, NY 12203-1011, USA
b
Center for Studies in Criminology and Law, University of Florida, 201 Walker Hall, P.O. Box 115950,
Gainesville, FL 32611-5950, USA

Abstract

This article reports the first perceptual deterrence study of a sample of police officers. The study investigated
the influence of traditional deterrence considerations, extralegal sanctions, and impulsivity on the intention to
commit several hypothesized acts of police misconduct. The results were largely consistent with perceptual
deterrence findings from samples of college students, experienced offenders, and corporate managers. In
particular, this study found that both legal and extralegal sanction threats potentially deter police misconduct.
Further, it found that impulsivity diminished the deterrent influence of both sanction forms. The study also found
that some of the effects of the explanatory variables depended on whether officers had prior punishment
experience. The article discusses the implications of its findings for combating police misconduct and for
deterrence research generally.
D 2004 Elsevier Ltd. All rights reserved.

Introduction Saltzman, Paternoster, Waldo, & Chiricos, 1982). This


method generated detailed information about the con-
Of all social control theories generally, and crimi- textual and contingent nature of offending decisions,
nological theories in particular, perhaps none has re- consistent with calls for a more situationally-oriented
ceived as sustained an amount of research attention as understanding of criminal events (cf. Cornish &
the deterrence framework. Under deterrence theory, an Clarke, 1986). That said, perceptual studies were
increase in the certainty, severity, or celerity of poten- criticized for relying on ‘‘convenience samples’’ of
tial punishment for a contemplated offense increases college students who, it was argued, did not necessar-
its perceived costliness to the actor, and can thereby ily reflect the wider population of would-be offenders
discourage it (Andenaes, 1974; Beccaria, 1963; Gibbs, (Jensen, Erickson, & Gibbs, 1978; Williams & Haw-
1975; Tittle, 1980; Zimring & Hawkins, 1973). kins, 1986). In response, researchers began to investi-
Although early research on deterrence employed gate non-college student populations (cf. Decker,
macro-level data, more recent research employed Wright, & Logie, 1993; Makkai & Braithwaite,
surveys that often query individuals directly about 1994; Simpson & Piquero, 2002). These studies large-
hypothetical offending opportunities (cf. Nagin & ly corroborated perceptual findings that deterrence
Paternoster, 1993, 1994; Piquero & Tibbetts, 1996; considerations were important to crime decision-mak-
ing, at least for some offenses and some individuals.
Moreover, research recently expanded the scope
* Corresponding author. Tel.: +1-518-591-8755; fax: of deterrence theory in at least two respects. First,
+1-518-442-5212. research established that the deterrent potential of
E-mail address: pogarsky@albany.edu (G. Pogarsky). informal (extralegal) sanctions threats, such as guilt,

0047-2352/$ – see front matter D 2004 Elsevier Ltd. All rights reserved.
doi:10.1016/j.jcrimjus.2004.04.007
372 G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386

shame, and embarrassment, often exceeds that of recent large-scale, cross-national study, Klockars,
formal (legal) sanction threats (Grasmick & Bursik, Ivkovich, Harver, and Haberfield (1997) undertook
1990; Williams & Hawkins, 1986). Second, research an organizational/occupational culture approach to
found that personal characteristics affected the deter- the study of police integrity. Relying on scenario
rence process in a variety of ways. For example, methodology, they examined officer estimations of
individuals who were impulsive or who lacked self- the seriousness of behaviors, level of discipline
control were disproportionately crime prone, in part, warranted, and willingness to report the misconduct
because they were less influenced by sanction threats of fellow officers. The study found that the serious-
(Nagin & Paternoster, 1994; Nagin & Pogarsky, ness of the transgression was strongly related to the
2001; Piquero & Tibbetts, 1996). willingness to report (as well as the level of disci-
This study examined the reach and/or scope of pline). Moreover, the data were used to characterize
this refined version of deterrence theory. In so doing, agencies’ occupational culture for integrity relative to
the article applies the deterrence framework to police other national and international agencies.
misconduct, a topic not heretofore subject to percep- In a recent study of police ethics and discretion,
tual deterrence work. Certainly, scholars investigated Macintyre and Prenzler (1999) explored whether
police misconduct (cf. Greene, Hickman, & Piquero, officers who received gratuities were less apt to
2004; Lundman, 1980; Sherman, 1974; Walker, prosecute their benefactors. The authors gave a sam-
2001), but this area of research was slow to develop ple of officers from Queensland, Australia a ‘hospi-
and apply formal theories of police deviance (Hick- tality scenario’ in which an officer had to determine
man, Piquero, Lawton, & Greene, 2001; Kappeler, whether to give a traffic citation to a café proprietor
Sluder, & Alpert, 1994; Sherman, 1992). Conse- who had previously given the officer free food and
quently, empirical research on police misconduct drinks. Several findings emerged from this study.
remains underdeveloped relative to other criminolog- First, 57 percent of officers identified with not writing
ical research. a ticket. Of the 43 percent who agreed with writing a
This study administered a survey about police ticket, almost 37 percent indicated they would con-
misconduct to several hundred police officers from tinue to accept the free food, 44 percent stated they
a mid-sized southwestern United States police de- would begin paying for their meals at the café, and 17
partment. The study examined the extent to which percent would stop going to the café. In sum, Mac-
formal and informal sanction threats influenced offi- intyre and Prenzler (1999) found that gratuities in-
cers’ decisions to commit misconduct, and whether deed influenced law enforcement.
these processes were conditional on the impulsivity Hickman, Piquero, and Greene (2004) built on the
and prior punishment experience of respondents. work of Klockars et al. (1997) in a study that both
supported the scenario approach to the measurement
of police integrity and contributed to a multi-level
Explaining police misconduct theory of police integrity. These authors found results
similar to those obtained by Klockars et al., and only
Police work entails a range of decisions that affect a few response differences across gender and race of
the daily lives of ordinary citizens. For example, officer. For example, ANOVA models indicated a
police officers stop, frisk, and arrest individuals, statistically significant amount of Level-2 (district-
assess the strength of evidence, prioritize investiga- level) variance in the likelihood of reporting a fellow
tions and patrols, staff squads and stations, and decide officer for most of the scenarios. The greatest pro-
which areas to patrol (Davis, 1975; Macintyre & portion of Level-2 variance to be explained was
Prenzler, 1999; Walker, 1992). In sum, ‘‘policing found for a physical abuse scenario. Focusing in on
requires officers to exercise authority over others this scenario in subsequent analyses, the authors
and to engage in a variety of activities that require found that, in addition to the seriousness of the
confidentiality and trust; the most fundamental re- behavior at both the individual- and district-levels,
quirement for a police agency’s aspirations to deliver the proportion of male officers in a police district was
high quality service is the integrity of its own negatively related to the likelihood of reporting
personnel’’ (Fyfe, Klinger, & Flavin, 1997, p. 449). fellow officers who engaged in physical abuse.
Since officers exercise this broad discretion under The aforementioned studies invited inquiry about
little direct supervision, police work is particularly possible policy responses from police departments.
vulnerable to undue external influences and personal One of the goals of departmental oversight is, of
biases (Chan, 1997). course, to deter potential police misconduct (Walker,
Several recent studies on police misconduct were 2001). Perhaps the most increasingly used tool for
particularly relevant for the present study (see Walk- quelling misconduct is the early-intervention (EI) or
er, Alpert, & Kenney, 2001 for an overview). In a early-warning system (EWS). These approaches are
G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386 373

designed to provide interventions, such as counseling (and many other) policies upon its citizens. This said,
or supplemental training, for officers frequently the research has not directly investigated whether the
subject of complaints (Walker et al., 2001). These decision processes of police officers regarding sanc-
systems are generally part of a larger effort to tion threats resemble those of the individuals police
increase accountability in a department, and to com- officers are charged to enforce the law against.
municate to officers that repeated misconduct will not Third, the advent of perceptual deterrence re-
be tolerated (Walker, 2001). A recent survey of police search produced important insights into the individ-
managers who were members of the Police Executive ual-level decision processes underlying crime. That
Research Forum (PERF) suggested the EI and EW said, perceptual deterrence studies were criticized for
systems had a positive impact on officer performance, their heavy reliance on college students who, it was
strengthened supervision, received little opposition argued, might not accurately reflect ‘‘real-world’’
from rank and file or from police unions, and did not offending. In response, perceptual work began to
negatively affect officer morale (Walker et al., 2001). study non-college student populations, such as
Although policing studies have long investigated ‘‘high-risk’’ youths (cf. Foglia, 1997), experienced
officer decision-making (cf. Goldstein, 1977; Muir, offenders (Block & Gerety, 1995; Decker et al., 1993;
1977; Sherman, 1974; Skolnick & Fyfe, 1993; West- Piquero & Rengert, 1999), and corporate executives
ley, 1970; Wilson, 1968), there was little theoretical (Hagan, Nagel, & Albonetti, 1980; Makkai &
work on police deviance (Sherman, 1992). Two Braithwaite, 1994; Paternoster & Simpson, 1996;
recent exceptions involved ‘‘techniques of neutrali- Simpson & Koper, 1992). The present study expand-
zation’’ (Hunt & Manning, 1983) and ‘‘control bal- ed the types of populations subject to perceptual
ance theory’’ (Hickman et al., 2001). Under the deterrence work by adding a sample of police officers
former approach, officers used commonly accepted to the samples catalogued above.
rationalizations for misbehavior found in the general Lastly, the current study was designed to provide
culture to justify and/or excuse police misconduct. further insight into the etiology of police misconduct.
Under the latter approach, developed by Tittle (1995), Transgressions by law enforcement, particularly high-
individuals possessing either control deficits (i.e., ly publicized ones, have potentially widespread
they were subject to more control than they exer- impacts by eroding public confidence in the criminal
cised) or control surpluses (i.e., they enjoyed more justice system and thereby disrupting social order. A
control than they were subject to) were likely to more thorough understanding of the decision process-
commit deviant acts. In testing the applicability of es surrounding police misconduct would help devel-
control balance theory to police deviance with a op sensible approaches toward reducing it. For these
sample of police officers in Philadelphia, Hickman reasons, this article examines the extent to which the
et al. (2001) found that officers who were experienc- deterrence framework applies to police misconduct.
ing control deficits were more likely to report fellow The article outlines that framework next.
officers for misconduct. In general, however, there Under deterrence theory generally, and the
were relatively few efforts that systematically applied rational choice framework in particular, an individual
formal criminological models to the study of police is expected to commit a crime if the benefits from
misconduct. offending outweigh the potential costs (Andenaes,
1974; Cornish & Clarke, 1986). An increase in the
certainty, severity, or celerity of potential punishment
Enter deterrence for an offense can increase its perceived costliness
and discourage individuals from committing it
The research above provided the point of depar- (Gibbs, 1975; Zimring & Hawkins, 1973).
ture from which this study extended the application of Research on deterrence generally found that
extant criminological theory to police misconduct. In threats of criminal sanctions dettered crime (Blum-
particular, this study had several objectives. First, stein, Cohen, & Nagin, 1978; Cook, 1980; Nagin,
applying extant theory to police behavior will further 1998; Sherman, 1992). This became particularly
inform the debate about whether a unified theoretical evident when deterrence work exited the confines
framework can explain the range of criminal and of its initial macro-level orientation and sought per-
socially sanctioned behaviors, or whether different ceptual data that more directly reflected the individ-
types of transgressions require separate theories (Cor- ual-level processes underlying decisions to commit or
nish & Clarke, 1986). Second, applying deterrence refrain from crime. As this trend progressed, support
theory to police misconduct will provide evidence for for deterrence became stronger.1
an important, unstudied link in the deterrence pro- Two recent developments in deterrence research
cess. Law enforcement personnel are the primary are particularly noteworthy. First, such research found
means through which society implements deterrence that, beyond criminal penalties, extralegal sanctions,
374 G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386

such as shame, embarrassment, and moral inhibition, given action may so effectively inhibit conduct that
also provide powerful sources of conformance. Sec- considerations of cost and benefit are not even
ond, recent deterrence work relaxed the strict demar- brought into play.’’
cation between situational and individual difference
theories of crime and integrated the influence of Impulsivity
individual traits into the deterrence framework. One
of the most oft-studied of these personal traits, both in Criminology has traditionally segregated individ-
the deterrence literature and throughout crime schol- ual difference and situational theories of crime
arship, was impulsivity. The article next addresses (Nagin & Paternoster, 1993). Recently, scholars
these two refinements to deterrence theory in greater relaxed this strict dichotomy by integrating the role
detail. of at least several personal traits into deterrence
theory (cf. Finley & Grasmick, 1985; Loewenstein,
Extralegal sanctions Nagin, & Paternoster, 1997; Nagin & Paternoster,
1994; Piquero & Tibbetts, 1996; Wright, Caspi,
Clearly, deterrence requires the threat of a sanc- Moffitt, & Silva, 1999). Of these traits, few appear
tion. Yet, as Meier and Johnson (1977, p. 294; see more closely linked to criminal and imprudent
also Williams & Hawkins, 1986) observed, ‘‘the behavior than impulsivity (cf. Farrington, 1992;
anticipation of legal sanctions, obviously, is not the Gottfredson & Hirschi, 1990; Nagin & Pogarsky,
only possible influence on behavior. . .the task for the 2001; Wilson & Herrnstein, 1985). These efforts
student of deterrence is to explain the relationship yielded several findings.
between behavior, on the one hand, and both legal First, there is typically a strong positive associa-
and extralegal sanctions on the other.’’ There are at tion between impulsivity and either crime or impru-
least two distinct types of extralegal sanctions: em- dent behavior (Arneklev, Grasmick, Tittle, & Bursik,
barrassment and shame. Embarrassment, or ‘‘social 1993; Babinski, Hartsough, & Lambert, 1999; Mof-
disapproval,’’ involves the condemnation of peers or fitt, 1993). Impulsivity describes a ‘‘here and now’’
others whose opinions the actor values. Shame or orientation, with the commensurate tendency to de-
‘‘self-disapproval,’’ encompasses ‘‘the belief in the value or discount delayed consequences. As Wilson
legitimacy of the law, moral commitment to a legal and Herrnstein (1985, pp. 44 – 45) observed: ‘‘the
norm, internalization of norms, and conscience’’ extent to which people take into account distant
(Grasmick, Blackwell, & Bursik, 1993, p. 684). possibilities. . ..will affect whether they choose crime
Extralegal sanctions were found to deter crime at or noncrime.’’ Under this view, the trait predisposes
least as strongly as threatened (formal) criminal one to fulfill immediate urges, and eschew future
penalties (Bachman, Paternoster, & Ward, 1992; consequences. This makes impulsive individuals
Grasmick & Bursik, 1990; Nagin & Pogarsky, 2001). more prone to crime.
Research on extralegal sanctions yielded several Second then, aside from its direct relationship
additional findings. First, among extralegal sanctions, with offending, impulsivity also appears to dilute
the effect of self-disapproval appears strongest (Gras- the influence of legal sanction threats. Since impul-
mick & Bursik, 1990; Grasmick, Bursik, & Kinsey, sive individuals tend to discount the future, the
1991; Makkai & Braithwaite, 1994). Braithwaite prospect of a delayed penalty is simply less compel-
(1989, p. 115) suggests why: ‘‘it (self disapproval) ling for the impulsive person (Zimring & Hawkins,
can begin to influence the actor as soon as an act is 1973). On this score, several recent studies reported
contemplated and before it is committed, whereas that impulsivity diminished the deterrent efficacy of
social disapproval and formal punishment can only legal sanction threats (Nagin & Pogarsky, 2001;
be mobilized after the event and only in circum- Piquero & Tibbetts, 1996).
stances where others acquire evidence of who com-
mitted the act.’’
Second, beyond their direct impact on offending, Current focus
extralegal sanctions also appear to moderate the
influence of legal sanction threats (Andenaes, 1974; Based on the foregoing theoretical discussion, this
Burkett & Ward, 1993; Etzioni, 1988; Makkai & study examined several research questions. On a
Braithwaite, 1994; Paternoster & Simpson, 1996). general level, the study investigated whether police
Other extralegal sources of conformance may also officers were influenced by deterrence considerations.
obviate the necessity for legal deterrence, especially On the one hand, as a general theory of law, social
in the case of moral proscriptions against illegal acts. control, and crime, deterrence theory does not distin-
On this point, Paternoster and Simpson (1996, p. 574) guish between crime types or categories of offenders.
observe: ‘‘strongly held moral beliefs that proscribe a Instead, the theory applies straightforward principles
G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386 375

of human motivation to the study of all socially particular department who were eligible for inclusion
sanctioned behaviors. On the other hand, police work in the study.
is unique. Officers continuously find themselves in
isolated and unsupervised situations that lend them- Survey
selves to potential deviance (Alpert, Kenney, &
Dunham, 1997; Kappeler et al., 1994). Therefore, The survey presented two hypothetical scenarios
the study tested whether the primary tenets of deter- involving acts of police misconduct. The scenarios
rence theory, that offending should relate inversely to were similar to those used in recent studies of police
the certainty, severity, and celerity of punishment, integrity and deviance (cf. Greene et al., 2004;
applied to police transgression. Klockars et al., 1997; Macintyre & Prenzler, 1999),
Moreover, the study addressed several additional which were pre-tested, revised, and implemented
research questions. First, beyond the deterrent effects with numerous samples both nationally and interna-
of legal sanctions, it examined the extent to which tionally, and were reported by the majority of officers
extralegal influences deterred police misconduct. Sec- taking the survey as both ‘‘believable’’ and typical of
ond, it tested whether and to what extent impulsivity the types of situations officers find themselves in.
conditioned the effect of legal and extralegal sanctions The scenarios were intended to present situations
on police misconduct. Third, work on deterrence had with which respondents would have reasonable ex-
long considered prior offending experience an impor- periential familiarity to provide meaningful survey
tant aspect of the deterrence process (Bridges & responses. In the first scenario, the subject was asked
Stone, 1986; Nagin & Paternoster, 1991; Stafford & to assume they had made a motor vehicle stop of a
Warr, 1993; Zimring & Hawkins, 1973). Along these clearly intoxicated driver, who turned out to be an
lines, this article examines whether and how involve- off-duty police officer. The question was whether the
ment in prior misconduct conditions the manner in subject would pursue a clearly warranted drinking
which sanction threats deter future misconduct. and driving investigation. The second scenario asked
subjects about a new neighbor who ‘‘seemed suspi-
cious’’ but had committed no apparent crimes. The
Data and methods issue was whether the officer would perform an
unauthorized background check on the new neighbor.
Sample Appendix A contains the complete scenarios.2

Certainty of punishment
The study was conducted with a sample of police
officers from a mid-sized southwestern United States
After reading each scenario, respondents reported,
police department. Access to the subject population
on a scale from 0 to 100, the likelihood they would be
was strictly conditional on officer participation being
caught and punished if they committed the hypothe-
both voluntary and anonymous. Blank surveys were
sized misconduct.
given to the captain, who in turn distributed them to
several shift sergeants. Before the next shift, each Severity and celerity of punishment
sergeant announced the opportunity to participate in
the study. Thereafter, a stack of blank surveys was The survey manipulated each of the severity and
left on a table next to a receptacle in which completed celerity of the sanction threat randomly over two
surveys could be returned. levels. For severity, some officers were asked to
Of the approximately 500 officers in either a assume the potential punishment was a reprimand,
supervisory capacity or that were assigned to respond while others were informed that the punishment
to calls for service, completed surveys were obtained would be a five-day suspension without pay. This
from 210 officers. Of these, five had attained the rank variable was dummy-coded so that respondents in the
of captain, commander, or chief; fifteen were ser- latter group received a ‘‘1.’’ For celerity, some sub-
geants; and the rest were line officers. The sample of jects were informed the potential sanction would
officers corresponded closely with the department as begin immediately, while others were informed there
a whole on two dimensions. First, the sample was 78 would be a three-month delay. This variable was
percent male, compared to 85 percent of the 500 or so dummy-coded so that ‘‘1’’ corresponded to the im-
officers eligible for inclusion in the study. Second, the mediate punishment.
average length of service of sample respondents was
seven years, compared to an average of 6.2 years for Likelihood of offending
the reference group from which the sample was
drawn. All told, the sample appeared reasonably Next, subjects estimated on a scale from 0 to 100
representative of the population of officers from this the likelihood they would commit the hypothesized
376 G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386

misconduct. This measure provided the dependent Other control variables


variable for later analyses.
Respondents supplied several additional control
Extralegal sanctions measures. First, they indicated whether they were
male or female. Second, they indicated the number
To measure the influence of self-disapproval or of years they had served on the police force.
shame, subjects indicated the extent to which they Finally, respondents indicated whether or not they
would feel guilty if they committed each hypothetical had ever been subject to departmental disciplinary
act of misconduct. Subjects answered on a five-point action (no/yes).
Likert scale, on which responses ranged from ‘‘not at
all’’ to ‘‘overwhelming.’’
The survey also measured the influence of two Results
forms of social disapproval or embarrassment. First,
for each scenario, subjects reported ‘‘how big a Table 1 contains descriptive statistics and zero-
problem’’ it would create for them if other officers order correlations for all study variables. Most of the
found out they had committed the hypothesized theoretical relationships postulated in the earlier dis-
misconduct. Second, and for each scenario, subjects cussion were supported by the bivariate correlation
reported how big a problem it would create for them coefficients in Table 1. In both scenarios, all three
if ‘‘non-officers whose opinions they valued’’ found deterrence variables, measuring the perceived certain-
out they had committed the hypothesized misconduct. ty, severity, and celerity of punishment, related neg-
Each measure employed a five-point Likert scale atively to the offending intention. Moreover, in both
ranging from ‘‘none at all’’ to ‘‘an overwhelming scenarios, the magnitude of the negative association
problem.’’ between offending intention and perceived sanction
Since in each scenario the three extralegal sanc- certainty far surpassed that between offending inten-
tion variables were highly inter-correlated,3 a com- tion and either the severity or celerity of punishment.
posite extralegal sanction index was created for each This finding was consistent with extant work finding
scenario. Thus, for each scenario, the three extralegal that, of the three primary aspects of sanction threats
sanction measures were summed to create an index, identified by deterrence theory, the deterrent effect of
varying from 3 to 15, for which higher scores certainty was largest (cf. Horney & Marshall, 1992;
indicated greater overall influence from extralegal Nagin, 1998).
sanctions. The correlations between each extralegal sanction
variable and offending were negative and substantial
Impulsivity (all were less than .29). Moreover, the magnitude
of the negative correlation between all extralegal
Impulsivity was measured with a four-question sanction variables and offending exceeded that for
subscale from the Grasmick, Tittle, Bursik, and all but one of the correlation coefficients for the
Arneklev (1993) twenty-four-item self-control scale. deterrence variables (in the background check sce-
Each officer provided a four-point Likert assessment nario, r = .34 between the offending intention and
of their level of agreement with the following state- perceived certainty). This comported with research
ments: ‘‘I often act on the spur of the moment finding that the deterrent potential of extralegal
without stopping to think,’’ ‘‘I don’t devote much sanctions exceeded that of legal sanctions (cf. Gras-
thought and effort to preparing for the future,’’ ‘‘I mick & Bursik, 1990; Paternoster & Simpson, 1996).
often do whatever brings me pleasure here and now, The length of police service correlated positively
even at the cost of some distant goal,’’ and ‘‘I’m and fairly substantially with the offending intention
more concerned with what happens to me in the (r = .21, .17 for the vehicle stop and background
short run than in the long run.’’ After appropriate check scenarios, respectively). Such tenure also
reverse coding corrections, the four responses were related inversely to the estimated sanction risk and
summed to create an impulsivity index varying from the influence of self and social disapproval. One
4 to 16, for which higher scores connoted greater interpretation of this finding is that veteran police
impulsivity. To address the negative skew of this officers may be more jaded than their younger
variable (i.e., 75 percent of the officers scored very counterparts, and thereby less fearful of the con-
low on the impulsivity measure), this variable was sequences from minor transgressions. Another inter-
dummy coded so that subjects in the upper twenty- pretation is that longer tenure increases the
fifth percentile of the distribution of impulsivity possibility that an individual has ‘‘avoided’’ punish-
scores received a ‘‘1’’ (see Farrington & Loeber, ment for minor transgressions, thus diluting their
2000). receptiveness to sanction threats.
G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386 377

Table 1
Descriptive measures and bivariate correlations for study variables
Scenario A (vehicle stop)
Variable M SD V1 V2 V3 V4 V5 V6 V7 V8 V9 V10 V11 V12
V1:OL 37.5 29.8 1.0
V2:Certainty 44.8 25.7 .22 1.0
V3:Severity .40 .49 .08 .14 1.0
V4:Celerity .32 .47 .13 .10 .21 1.0
V5:Male .79 .41 .17 .11 .02 .04 1.0
V6:Years 7.2 6.76 .21 .17 .04 .02 .17 1.0
V7:Guilt 2.1 1.3 .40 .40 .11 .03 .17 .32 1.0
V8:Embarrass (officers) 2.0 1.2 .30 .38 .13 .01 .11 .27 .64 1.0
V9:Embarrass (public) 2.2 1.2 .33 .32 .11 .02 .12 .25 .64 .78 1.0
V10:Exlegal 6.3 3.3 .39 .41 .13 .01 .15 .32 .86 .90 .90 1.0
V11:Impulsive .26 .44 .16 .09 .02 .01 .07 .08 .08 .02 .07 .05 1.0
V12:Action .45 .50 .18 .11 .02 .10 .13 .38 .25 .26 .30 .30 .23 1.0

Scenario B (background check)


Variable M SD V1 V2 V3 V4 V5 V6 V7 V8 V9 V10 V11 V12
V1:OL 14.5 19.6 1.0
V2:Certainty 50.3 15.7 .34 1.0
V3:Severity .40 .49 .05 .03 1.0
V4:Celerity .31 .47 .09 .10 .21 1.0
V5:Male .79 .41 .12 .03 .01 .02 1.0
V6:Years 7.2 6.8 .15 .17 .05 .02 .19 1.0
V7:Guilt 2.5 1.5 .45 .47 .04 .06 .16 .22 1.0
V8:Embarrass (officers) 2.2 1.2 .39 .52 .09 .08 .02 .15 .72 1.0
V9:Embarrass (public) 2.3 1.2 .32 .45 .07 .04 .05 .16 .65 .81 1.0
V10:Exlegal 7.0 3.5 .43 .53 .07 .07 .09 .20 .89 .93 .90 1.0
V11:Impulsive .26 .44 .16 .01 .02 .01 .01 .08 .11 .05 .07 .09 1.0
V12:Action .45 .50 .13 .06 .01 .10 .13 .39 .16 .09 .14 .15 .25 1.0

Consistent with prior research on gender differ- al., 1978; Cook, 1980; Nagin, 1998; Paternoster,
ences, male officers were more likely to commit 1987; Williams & Hawkins, 1986). Indeed, the
misconduct than female officers. In particular, the severity coefficient was statistically indistinguish-
bivariate correlations between being male and offend- able from 0 for each scenario. The magnitude of
ing were .18 and .12 in Scenarios A (vehicle stop) the certainty effect was nearly identical across
and B (background check), respectively. Finally, Models 1A and 1B.4 For both scenarios, an in-
pursuant to the earlier discussion, impulsivity corre- crease in perceived punishment certainty of ten
lated positively with the offending intention (r = .16 percentage points translated to an approximate
in both scenarios). This finding corresponded with a two-percentage point reduction in the intention to
long line of research establishing a linkage between commit misconduct.
impulsivity and offending (cf. Dolan, Anderson, & The results regarding punishment celerity were
Deakin, 2001; Gottfredson & Hirschi, 1990; Nagin & mixed. For the vehicle stop scenario, sanction celerity
Pogarsky, 2001, 2003; Prentky & Knight, 1986). exerted a statistically significant, inverse, and sub-
Table 2 presents four Tobit regressions in which stantial effect on the behavioral intention. For the
the dependent variable is the respondent’s estimated background check scenario, the coefficient was neg-
offending intention. The table contains two regres- ative, as predicted by deterrence theory, but not
sions for each scenario. Models 1A (vehicle stop) statistically distinguishable from zero. This pattern
and 1B (background check) regress the offending was obtained throughout the empirical analysis. That
intention against the certainty, severity, and celerity is, only a subset of the statistically significant pre-
of punishment, and three personal control variables, dictors in the vehicle stop scenario were also signif-
age, gender, and years of service. Consistent with a icant in the background check scenario. Yet when the
preponderance of empirical work on deterrence, the results across models conflicted in this regard, the
deterrent impact of punishment certainty far sur- background check coefficient virtually always had
passed that of punishment severity (cf. Blumstein et the same sign as its counterpart in the vehicle stop
378 G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386

Table 2
Tobit regressions of offending likelihood against study variables
Scenario A: vehicle stop Scenario B: background check
Model 1A Model 2A Model 1B Model 2B
Certainty .27** (.09) .09 (.10) .43** (.10) .21 (.11)
Severity 1.50 (4.86) .82 (4.75) .33 (5.14) 3.96 (4.95)
Celerity 11.31* (5.11) 11.30* (4.98) 4.21 (5.47) 3.99 (5.16)
Male 14.25* (5.90) 12.93* (5.84) 4.11 (6.17) 1.49 (6.00)
Years .46 (.38) .22 (.38) .22 (.41) .21 (.39)
Action 10.06* (5.07) .78 (5.36) 8.76 (5.50) 2.05 (5.49)
Extra legal sanctions 3.80** (.83) 4.17** (.88)
Impulsive 10.36* (5.25) 9.26 (5.35)
Log likelihood 892.15 852.07 585.67 565.63
Pr(y > 0) .79 .79 .49 .49
N 213 213 213 213
Notes: 1 – Constant included in both models; standard errors in parentheses.
2 – * denotes p < .05 and ** denotes p < .01 for H0: b = 0.

model, but was just smaller. This pattern appeared at to commit the vehicle stop misconduct. This finding
least partly attributable to the fact that the vehicle comported with a long line of research from crime
stop scenario produced far greater variation in the scholars on impulsivity and on the related constructs
offending intention than did the background check of low self-control and future discounting (cf. Arne-
scenario. Fully 51 percent of respondents indicated klev et al., 1993; Gottfredson & Hirschi, 1990; Nagin
they would ‘‘never’’ commit the misconduct hypoth- & Pogarsky, 2001; Piquero & Tibbetts, 1996; Wilson
esized in the background check scenario, compared to & Herrnstein, 1985). That work suggested at least
only 21 percent for the vehicle stop scenario. two possible bases for the correspondence between
Table 2 further provides findings largely in impulsivity and offending, both involving the manner
accord with extant deterrence research. The coeffi- in which individuals were influenced by threatened
cient for gender (male = 1) was positive across future punishments. Under one view, which was most
scenarios, though only statistically significantly so akin to the rational choice conception of discounting
in the vehicle stop scenario. Further, having been future consequences, impulsive individuals greatly
subject to disciplinary action related positively to the discounted the future and were, therefore, least in-
intention to commit future misconduct. This corre- fluenced by potential future punishments. An alter-
sponded with prior work finding a strong association native ground for the relationship between
between past and future offending (Nagin & Pater- impulsivity and offending emerged from research
noster, 1991). There are several possible explana- establishing that individuals with a low capacity for
tions for this association. Past offending may be a executive cognitive functioning were prone to crime
marker for a personal disposition that inclines one and aggression (Seguin, Boulerice, Harden, Tremblay,
toward misconduct. Alternatively, past instances of & Pihl, 1999). Under this view, rather than conscious-
offending may contribute to a stock of ‘‘punishment ly ‘‘devalue’’ potential future consequences, such
avoidance’’ experiences, which serve to diminish individuals have limited cognitive capacity to even
sanction risk perceptions and embolden future become fully aware of and process the potential
offending (Piquero & Pogarsky, 2002; Stafford & adverse consequences from their behavior, particular-
Warr, 1993). ly when they are under the influence of urges and
Models 2A (vehicle stop) and 2B (background emotions. Finally, also in accord with extant work, the
check) added the extralegal sanction and impulsivity strength of extralegal influences correlated negatively
indices. There were several noteworthy aspects of the and substantially with offending.
comparison between these and the initial model The addition of variables in Models 2A and 2B
specifications. First and foremost, both additional also produced several changes in the original Model 1
variables predicted misconduct in accordance with coefficients. In both scenarios, expanding the model
extant research. More impulsive officers indicated a substantially reduced the coefficient for prior disci-
greater intention to offend.5 In Model 2A, for plinary action. For the vehicle stop scenario, the
example, the coefficient + 10.36 suggested that reduction was effectively to zero. This result
officers in the upper twenty-fifth percentile of the appeared attributable to the fact that previously
distribution of impulsivity scores were approximate- disciplined officers were more impulsive and less
ly (10.36)*(.79) = 8.2 percentage points more likely influenced by extralegal sanctions than were their
G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386 379

undisciplined counterparts. In particular, in the vehicle Table 3 reports a positive and statistically significant
stop scenario, the correlations between prior disciplin- interaction between impulsivity and certainty. This
ary action and both high impulsivity and extralegal suggests that impulsivity counteracted the negative
influences were substantial (r =.23, and .30, respec- (deterring) relationship between certainty and offend-
tively). In Model 1, therefore, it appeared that having ing. Column 3 reports a similar finding, although the
been disciplined was at least partly a proxy for the interaction coefficient was not quite statistically dis-
effect of impulsivity and extralegal influences on tinguishable from zero. Still, its positive sign has a
misconduct decisions. similar interpretation as that for the interaction be-
Expanding the specification also reduced the tween impulsivity and certainty. That is, the celerity
certainty effect. This was particularly true for the effect (bcelerity = 11.46) was effectively eliminated
vehicle stop scenario, in which the reduction was for impulsive individuals.
virtually to zero. In subsidiary analyses in which the The fourth column in Table 3 reports a novel
extralegal sanction and impulsivity variables were finding that demonstrates the full reach of the capac-
added to Model 1 separately, the extralegal sanction ity of impulsivity to interfere with deterrence. The
variable accounted for most of the reduction in the first three columns replicated a result that was previ-
magnitude of the certainty coefficient. This coin- ously reported for non-officer samples—that impul-
cides with Table 1, in which the bivariate correlation sivity diminished the deterrent efficacy of legal
between sanction certainty and the extralegal sanc- sanction threats. Yet research had not previously
tion variable is far stronger than that between tested, as the present study did, whether impulsivity
certainty and impulsivity. also diminished the deterrent efficacy of extralegal
The analysis next tested for possible interactions sanction threats. On this score, the analysis found an
among explanatory variables. Based on the previous interaction result that was conceptually analogous to
discussion, tests were conducted for interactions the previous two. Column 4 reports a positive and
between impulsivity and four other explanatory var- statistically significant interaction between impul-
iables—certainty, severity, celerity, and the influence sivity and extralegal influences that was about as
of extralegal sanctions. Both components of each large as the deterrent effect of extralegal sanctions
interaction were mean-centered to reduce the impact (bimpulsivity*extralegal = 3.88; bextralegal = 3.65). This
of multicollinearity between the component variables suggested that for highly impulsive officers, the
and their product terms (Jaccard, Turrisi, & Wan, deterring influence of extralegal sources of confor-
1990). Each interaction was tested individually. mance was eliminated. (Note also that the additive
Table 3 reports four interaction specifications for effect of impulsivity was both positive and statisti-
the vehicle stop scenario.6 These results reinforce the cally significant in all models in Table 3).
proposition that impulsivity diminishes the deterrent The analysis finally examined how prior depart-
efficacy of sanction threats (cf. Nagin & Pogarsky, mental discipline affected the deterrence of police
2001; Piquero & Tibbetts, 1996). The first column in misconduct. Scholars have long believed prior expe-

Table 3
Interaction tests – Tobit regressions: dependent variable is offending likelihood (standard errors in parentheses)
Scenario A: vehicle stop
Certainty .05 (.09) .09 (1.0) .09 (1.0) .11 (1.0)
Severity 1.60 (4.71) .81 (4.75) 1.26 (4.74) 1.03 (4.69)
Celerity 12.21** (4.93) 11.37* (5.00) 11.46* (5.00) 12.24* (4.94)
Male 12.39* (5.78) 12.92* (5.84) 12.92* (5.82) 12.44* (5.78)
Years .34 (.37) .22 (.38) .25 (.37) .33 (.37)
Action .95 (5.28) .78 (5.36) .08 (5.37) .71 (5.29)
Extra legal sanctions 3.97** (.83) 3.80** (.83) 3.91** (.83) 3.65** (.83)
Impulsive 12.42* (5.24) 10.35* (5.26) 10.60* (5.24) 10.60* (5.24)
Interaction: impulsive*certainty .59** (.22)
Interaction: impulsive*severity .74 (10.25)
Interaction: impulsive*celerity 15.47 (10.95)
Interaction: impulsive*extralegal sanctions 3.88* (1.59)
Log likelihood 848.50 852.06 851.10 849.11
Notes: 1 – In each model, both components of the interaction term are mean-centered.
2 – Constant included in both models; Standard errors in parentheses.
3 – * denotes p < .05 and ** denotes p < .01 for H0: b = 0.
4 – Pr(y > 0) = .79 and N = 210 for each model.
380 G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386

rience with punishment plays an important role in the had. Further, although neither celerity coefficient was
deterrence process (cf. Bridges & Stone, 1986; Staf- significant at conventional confidence levels in Mod-
ford & Warr, 1993; Zimring & Hawkins, 1973). In el 2B, the magnitude of the point estimate for
particular, extant research shows that prior (punish- individuals who had not previously been punished
ment-oriented) experiences tend to erode the deter- dwarfed that for individuals who had ( 8.20 versus
rence process (Paternoster & Piquero, 1995; Piquero .46). The only major deviation from this pattern of
& Paternoster, 1998; Piquero & Pogarsky, 2002). findings involved the comparison of certainty effects
Pogarsky and Piquero (2003) articulated two possible across groups for the background check scenario. The
explanations for this finding. First, punished individ- article addresses this point further in a moment.
uals may thereafter believe they are less apt to face Second, the analysis more specifically addressed
punishment again. Second, individuals who experi- those aspects of Table 4 that related to expanding the
ence punishment may determine that the sanction specification (from Model 1 to Model 2) to include
experience is not as ‘‘aversive’’ as originally antici- measures of impulsivity and extra-legal influences.
pated. Table 4 examines the effects of prior punish- For example, in the vehicle stop scenario, expanding
ment in the current context by estimating the Tobit the specification in this fashion eliminated the cer-
specifications from Table 2 for two groups: officers tainty effect among individuals with no prior punish-
who had previously received departmental discipline ment experience. It appeared from Model 2A that the
versus officers who had not.7 certainty effect was mediated almost entirely by the
Several findings emerge from Table 4. The first influence of extra-legal sources of conformance,
involves the propensity for prior punishment experi- which were strong and prohibitive of police miscon-
ence to condition the influence of traditional deter- duct. In contrast, in Model 2A, extralegal influences
rence concerns. Generally, the effects of the three did not appear to mediate the celerity effect among
deterrence variables were larger among officers with- officers with no prior punishment experience. In-
out prior punishment experience.8 In Model 1A, there stead, celerity was still negatively and significantly
were significant certainty and celerity effects among related to police misconduct among officers with no
officers with no prior punishment experience, but not prior experience. In Model 2A, among individuals
for officers who had previously been disciplined. A with prior punishment experience, the only explana-
similar pattern occurred for severity and celerity tory variable that significantly predicted offending
effects in Model 2B. In particular, the severity effect was gender. This suggested that deterrence consider-
was nearly twice as large among individuals who had ations, whether legal or extralegal, appeared irrele-
never been disciplined than among individuals who vant for officers who had personal experience with

Table 4
Tobit regressions: comparison of officers by whether or not they had previously been disciplined
Variable Vehicle stop Background check
Model 1A: Model 2A: Model 1B: Model 2B:
No prior exp Prior exp No prior exp Prior exp No prior exp Prior exp No prior exp Prior Exp
Certainty .37** .16 .13 .05 .46** .45** .19 .27*
(.12) (.15) (.12) (.16) (.14) (.14) (.14) (.14)
Severity 4.17 6.11 9.88 6.17 8.50 10.45 12.81* 6.90
(7.03) (6.85) (6.53) (6.98) (7.49) (7.06) (6.86) (6.93)
Celerity 17.69** 7.49 19.89** 7.78 4.18 5.51 8.20 .46
(7.38) (7.28) (6.86) (7.68) (7.78) (7.38) (7.07) (7.33)
Gender 15.04** 14.36 11.37* 16.99* 2.24 11.34 .44 13.25
(7.47) (9.67) (6.85) (10.31) (7.78) (9.90) (6.92) (10.33)
Years .46 .49 .30 .50 1.35* .77* 1.36* .77*
(.67) (.45) (.62) (.46) (.81) (.46) (.75) (.45)
Extra legal 4.99** 1.80 4.69** 4.15**
sanctions (.98) (1.57) (1.16) (1.34)
Impulsivity 9.56 9.17 18.65** 1.05
(7.74) (7.15) (7.87) (6.75)
Log likelihood 468.91 421.78 451.26 396.64 289.34 290.62 277.97 279.31
Notes: 1 – Constant included in both models; Standard errors in parentheses.
2 – * denotes p < .05 and ** denotes p < .01 for H0: b = 0.
3 – Pr(y > 0) = .79 and N = 210 for each model.
G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386 381

prior departmental discipline. Again, however, the addition, extralegal sanctions also provided a strong
findings were not entirely uniform across scenarios. deterrent against misconduct, again consistent with
Therefore, a third (and unexpected) aspect of extant deterrence work.
Table 4 relates to the differences across scenarios. Second, impulsivity was strongly and positively
For example, in contrast to the vehicle stop scenario, associated with police misconduct. In particular,
with respect to the background check, Model 1B more present-oriented officers reported they were
indicated that the certainty effect was virtually iden- more likely to commit misconduct. Again consistent
tical across groups. Further, in Model 2B, the cer- with prior work using other subject populations,
tainty effect was larger for individuals with prior impulsivity diminished the deterrent influence of
punishment experience. Another difference across legal sanction threats. Notably, on this score the
scenarios related to the impact of extralegal sanctions. study reported a novel finding that impulsivity also
While they did not deter misconduct among officers appeared to reduce the deterring influence of extra-
with prior punishment experience in the first scenario, legal sanctions.
extralegal influences were a significant deterrent in The third set of findings concerned the moderating
the second scenario, whether or not the respondent role of prior experience with department discipline, or
had prior experience with punishment. what Stafford and Warr (1993) termed ‘prior experi-
The differences across scenarios may relate to ence with punishment.’ Some of the effects of the
differences in perceived offense gravity. Apparently, explanatory variables depended on whether the offi-
respondents considered the second hypothesized cer had prior punishment experience. In the vehicle
transgression to be far more serious than the first.9 stop scenario, none of the legal or extralegal deter-
This suggests that the potential for prior punishment rence variables corresponded with the offending
experience to condition the deterrence process may intention among officers who had previously been
depend on the gravity of the contemplated transgres- punished. There was a different pattern of findings for
sion. For more serious transgressions, prior punish- the background check scenario. In that case, there
ment may not dilute deterrence concerns as much as was a significant and substantial certainty effect that
for less serious transgressions. did not depend on whether the officer had previously
been disciplined. Neither did the deterring influence
of extralegal sanctions depend on the level of prior
Discussion experience of punishment. Therefore, the potential
for prior punishment experience to moderate the
This study examined the extent to which deter- operation of deterrence may depend on the gravity
rence theory could explain two types of police of the contemplated offense.
misconduct. To accomplish this task, this study used By no means is this article meant as the last word
data from a sample of police officers in a mid-sized, on this issue. Several limitations should be acknowl-
southwestern police department. This type of sample edged. First, the data came from one, relatively large
offered several benefits. First, it was useful for policy police department in one city in the United States.
purposes to know whether police officers had incli- The present study could not assess whether officers
nations with respect to deterrence that were similar to in different departments would respond differently
those of individuals that police officers were charged than the ones presently investigated. Second, the
to enforce the law against. Second, this study added study only examined two relatively minor types of
results from an unexamined subject population to the hypothetical acts of police misconduct, and one of
growing body of perceptual deterrence research. these (background check) provided limited variation
Third, this research offered insight into the etiology in the intention to offend. Future research should
of police misconduct and, in particular, whether undertake a more exhaustive examination of the
punishment-based policies were an effective means range of possible police misconduct, including more
for combating police misconduct. The current study serious forms of police deviance. This is especially
was the first that systematically examined the role of important since much of the prior work in this regard
perceptual deterrence considerations in police mis- tended to examine relatively minor forms of police
conduct decisions. deviance, and research had not studied the extent to
This article reports several findings. First, deter- which deterrence theory holds for both minor and
rence considerations appear to figure prominently in serious forms of police misconduct. Third, future
police misconduct decisions. For example, although work should also explore whether the propensity for
perceived sanction severity offered little deterrent misconduct varies within units of a single depart-
threat, perceived sanction certainty and celerity were ment. For example, drug and vice units may en-
negatively associated with police misconduct, a pat- counter more opportunities to offend and their
tern similar to that observed in other samples. In experience with these opportunities may affect the
382 G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386

way deterrence considerations enter into their deci- ships between members of the police agency (Lang-
sion processes. worthy & Travis, 1994, p. 351). For example,
Finally, this study used a response variable in researchers found that officer behavior varied by the
which respondents estimated the likelihood they particular organizational style of the police depart-
would commit two hypothesized transgressions on a ment (Smith, 1984; Wilson, 1968). These organiza-
scale from 0 to 100. The form of the response tional factors, therefore, appear to be important
variable in perceptual deterrence studies using the determinants of police behavior and future efforts
behavioral intention measure was the subject of some should consider the possibility that departments have
debate in the deterrence literature. For example, unique organizational cultures, some that foster and
Decker et al. (1993) found that experienced offenders encourage deviance, and others that do not.
simply did not conceptualize their intention to offend Third, on a basic policy level, these results have
in this fashion and that a several category Likert-type implications for controlling police misconduct. The
response set offered a more realistic way to capture results suggest police officers are ‘‘deterrable’’ by
respondents’ judgments. On the other hand, the 0 – both legal and extralegal factors. At the same time,
100 scale was successfully employed in a number of however, a subgroup of highly impulsive officers
perceptual studies, both with experienced offenders appears unresponsive to sanction threats. An issue
(cf. Piquero & Rengert, 1999) and college students of critical importance both intra-departmentally and
(Nagin & Pogarsky, 2001). Moreover, recent research for the communities in which such officers patrol is:
found that the intention to offend corresponded with How can these latter cases be identified?
the contemporaneous propensity toward cheating and One method by which police departments can
rule violation (Pogarsky, 2004). Since this was the gauge the perceptions of their officers is to initiate,
first such study on a sample of police officers, further monitor, and continue some form of integrity test-
attention should be given to replicating the present ing. Macintyre and Prenzler (1999, p. 200) suggest
findings for alternative outcome measures, and ulti- that integrity testing can be used as a research tool
mately, determining which response form appears to diagnose the size and nature of a potential
best suited for the decision processes underlying misconduct problem and as a potentially important
police misconduct. form of general deterrence by threatening officers
The results suggest the deterrence framework with disciplinary sanctions should willingness to be
holds promise for helping researchers and policy improperly influenced translate into action. Such a
officials understand police misconduct. On this score, method, especially when combined with internal
there exist a healthy number of important future controls and periodic analysis of complaints against
projects. First, researchers should not ignore other officers, has the ability to monitor and identify
possible correlates of misconduct, in particular, at the officers with a propensity for wrongdoing (Hickman
community-level (cf. Lawton, Hickman, Piquero, & et al., 2004).
Greene, 2001). Sherman (1974), for example, argued Another effective method for affecting the per-
that police corruption was linked to the values and ceptions of police officers regarding misconduct
norms of community. In particular, he suggested that involves administrative rule making. Such efforts,
corruption was likely in communities where there both within and outside of police departments, have
was more diversity both in terms of social values and successfully circumscribed aspects of police discre-
economic opportunity. Further, he argued that cor- tion (such as the use of a firearm) (Walker, 1992,
ruption was less likely in communities where civic p. 32). Of course, the efficacy of formal policies
leaders saw their job as serving the community rather depends on the existence of meaningful departmental
than serving themselves or a small set of constituents. discipline. In an insightful review of a case of police
As many other types of police behavior and misbe- misconduct prosecuted in Ironton, Ohio, Perez (2000,
havior were correlated with community character- p. 53) recalled that, ‘‘The prosecution sent a clear
istics (Alpert & Dunham, 1988), future work should message to the officers that the federal government
seek an understanding of police misbehavior that will vigorously investigate police misconduct. Years
integrates deterrence and community-level concerns. later, officers vividly recalled the prosecution and
Second, police behavior was also shown being expressed a strong desire to avoid a repeat.’’
influenced by the culture of the particular police Perhaps the most promising approach to identify-
organization in which officers worked. Although this ing officers who appear headed for trouble is through
study was based on only one police department, an early-intervention/early-warning system. As stated
thereby limiting its ability to delve into organizational earlier, these approaches are a relatively new man-
factors in great detail, the influence of organizational agement strategy for identifying ‘‘problem’’ officers,
factors and pressures were felt from both the formal defined as those who receive an abnormally high
organizational structure and from informal relation- number of citizen complaints or have other indicators
G. Pogarsky, A.R. Piquero / Journal of Criminal Justice 32 (2004) 371–386 383

of problematic performance (Walker, 2001, p. 110). Notes


These systems provide some kind of intervention, in
1. In general, the evidence suggests deterrence works
the form of counseling and training, designed to
for some offenses in some cases (Nagin, 1998), but in other
correct the officers’ behavior. As they are an informal instances, individuals are ‘‘undeterrable’’ (cf. Pogarsky,
part of police oversight within the agency, they may 2002).
not be seen as officially-based punishment. Although 2. The scenario method, and in particular, the use of
preliminary evidence offers support for utilizing these offending intention to measure criminal behavior was a
systems (Walker et al., 2001), future efforts still need successful aspect of perceptual deterrence work (cf. Nagin &
to determine if they reduce police misconduct over Paternoster, 1993, 1994; Nagin & Pogarsky, 2001; Piquero
lengthy periods of time. & Rengert, 1999; Piquero & Tibbetts, 1996). Research on
Although an effective and accountable system of the validity of the behavioral intention reports a strong
policing is essential to a democratic society (Bayley, correspondence between it and actual criminal and/or
deviant behavior (Green, 1989; Kim & Hunter, 1993;
1997), it is also very difficult to establish and maintain
Pogarsky, 2004).
(Perez, 2000, p. 47). The present results suggest that 3. As shown in Table 1, the bivariate correlation
one way to do this might be to operationalize some of between any pair was at least r = .6.
the major tenets of deterrence when developing pol- 4. In a Tobit model, a one-unit change in the value of a
icies to combat police misconduct. Yet consistent with predictor does not change the response by the full amount of
the larger body of recent deterrence work, deterrence the corresponding regression coefficient. Instead the impact
considerations are conditional on other situational and must be factored down by the probability of an unclustered
individual characteristics. Therefore, the ability to response, which in this case is a nonzero offending intention.
maintain an effective and accountable system of The ensuing discussion of results will make this adjustment
policing ultimately depends on policies that recognize where appropriate. Correction factors are reported in the row
labeled Pr(y>0) in Table 1.
these contingencies in the deterrence process and that
5. p < .05 in the vehicle stop scenario and p < .08 in the
account for the influence of both community-level and background check scenario.
organizational correlates. 6. None of the interaction variables were statistically
significant for Scenario B.
7. The sample was about evenly split along this
dimension: 46 percent of the respondents reported having
Appendix A.
received departmental discipline while 54 percent of the
respondents reported they had not.
Scenario 1 (vehicle stop):
8. Though this pattern was by no means uniform.
9. This was most evident from the fact that 79 percent
During one holiday weekend you have been of respondents indicated they would at least consider
advised to watch for drunk drivers. As you are committing the first act of misconduct (vehicle stop), while
driving down a four-lane highway, a car speeds past only 49 percent indicated they would consider committing
you and you observe that it is clearly weaving. You the second (background check).
make a traffic stop. As you approach the vehicle you
notice a law enforcement sticker in the back window.
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