POLICE

For modern sociology the core problem of police has been, and continues to be, the extrication of the concept police from the forms and institutions in which it has been realized and the symbols and concealments in which it has been wrapped. Doing so is essential to the interpretive understanding of the idea of police and is prerequisite to mature answers to the question of what policing means, has meant, and can mean. In one form or another it is the project that has occupied sociologists of police since the early 1960s, and although there is occasional overlap and interchange, attention to it is primarily what distinguishes contributions to the sociology of police from scholarly efforts in the study of police administration, jurisprudence, criminalistics, and police science.

THE POLICE: A SOCIOLOGICAL DEFINITION

By the end of the 1960s a small number of now-classic empirical studies of police had made it apparent that conventional understandings of the idea of police were fundamentally and irreparably flawed. In the face of large-scale studies by Reiss (1971) and Black (1971) which showed that the model tour of duty of a patrol officer in the high-crime areas of the nation’s largest cities did not involve the arrest of a single person, it became impossible for sociologists to continue to speak of police as ”law enforcers” or of their work as ”law enforcement.” Likewise, both Skolnick’s Justice without Trial (1966) and Wilson’s Varieties of Police Behavior (1968) illustrated dramatic differences in the way police were organized and the relationships they elected to enjoy with courts and law. Similarly, early studies of both the exercise of patrol officer discretion (Bittner 1967a, 1967b) and requests for police service (Cumming et al. 1965; Bercal 1970) cast substantial doubt on the notion that a substantial, much less a defining, activity of police was ”fighting crime.”

Police Role and Functions. The task of extricating the concept of police from these common misconceptions was assumed by Egon Bittner in The Functions of Police in Modern Society (1970). A fundamental theme of Bittner’s work was that to define police as ”law enforcers,” ”peacekeepers,” ”agents of social control,” ”officers of the court,” or, indeed, in any terms that suppose what police should do, confuses police role and function. Throughout history, in this country and in others, police have performed all sorts of functions. In fact, the functions, both manifest and latent, that police have performed are so numerous and so contradictory that any attempt to define police in terms of the functions they are supposed to perform or the ends they are supposed to achieve is doomed to failure.

Force as the Core of the Police Role. Sociologically, policing cannot be defined in terms of its ends; it must be defined in terms of its means. In Functions Bittner advanced an approach to understanding the role of the police that was based on the single means that was common to all police, irrespective of the ends to which they aspired or were employed. The means Bittner found to define police was a right to use coercive force. Police, said Bittner, are ”a mechanism for the distribution of non-negotiably coercive force” (1971). No police had ever existed, nor is it possible to conceive of an entity that could be called police ever existing, that did not claim the right to use coercive force.

Sociologically, Bittner’s formulation had three major virtues. First, it was universal. It was applicable to police everywhere and at all times, police as diverse as the sheriff s posse of the old West, the London bobby, the FBI, or the police of Hitler’s Third Reich or Castro’s Cuba. Second, it was politically and morally neutral. It could be used to refer to police whose behavior was exemplary as readily as it could be applied to police whose behavior was appalling. Third, it made it possible to make explicit and to probe in systematic ways a host of questions about the role of police that could not previously be explored because they had been concealed in the confusion between role and function: Why do all modern societies, from the most totalitarian and most tyrannical to the most open and democratic, have police? What does having police make available to society that no other institution can supply? What functions are appropriate to assign to police and what are best left to other institutions?

These questions are of such enormous consequence and so fundamental to an understanding of the role of the police that it is difficult to conceive of a sociology of police existing prior to their recognition.

Why Police? If police are a ”mechanism for the distribution of non-negotiably coercive force,” why should all modern societies find it necessary to create and sustain such a mechanism? What does having such a mechanism make available to modern societies that no other institution can provide?

Bittner’s answer is that no other institution has the special competence required to attend to ”situations which ought not to be happening and about which something ought to be done NOW!” (1974, p. 30). The critical word in Bittner’s careful formulation of the role of the police is ”now.” What the right to distribute coercive force gives to police is the ability to resolve situations that cannot await a later resolution. The crucial element is time. Turning off a fire hydrant against the wishes of inner-city street bathers, preventing the escape of a serial murderer, halting the escalation of a domestic dispute, or moving back the curious at the scene of a fire so that emergency equipment can pass—these and hundreds of other tasks fall to police because their capacity to use force may be required to achieve them ”now.”

This view of police radically inverts some conventional conceptions. While popular opinion holds that police acquire their right to use coercive force from their duty to enforce the law, the sociology of police holds that police acquire the duty to enforce the law because doing so may require them to invoke their right to use coercive force. Similarly, focus by police on the crimes and misdemeanors of the poor and humble, and their relative lack of attention to white-collar and corporate offenders, is often promoted as reflecting a class or race bias in institutions of social control. While not denying that such biases can exist and do sometimes influence the direction of police attention, if such biases were eliminated entirely, the distribution of police effort and attention would undoubtedly remain unchanged. It would remain unchanged because the special competence of police, their right to use coercive force, is essential in enforcement efforts in which offenders are likely to physically resist or to flee. In white-collar and corporate crime investigations, the special competence of lawyers and accountants is essential, while the special competence of police is largely unnecessary.

INSTITUTIONAL FORMS

Although all modern societies have found it necessary to create and maintain some form of police, it is obvious that any institution that bears the right to use coercive force is extraordinarily dangerous and highly subject to abuse and corruption. The danger of the institution of police would appear to be magnified when it gains a monopoly, or a near-monopoly, on the right to use coercive force, and when those who exercise that monopoly are almost exclusively direct and full-time employees of the state. Appearances and dangers notwithstanding, these are nevertheless the major terms of the institutional arrangement of police in every modern democracy. Some comment on the sociology of this institutional uniformity may be helpful.

Avocational Policing. For most of human history most policing has been done by individuals, groups, associations, and organizations in the private sector. This type of private-sector policing, done by citizens not as a job but as an avocation, may be classified into at least three types, each of which offered a somewhat different kind of motivation to private citizens for doing it (Klockars 1985). Historically, the most common type is obligatory a vocational policing. Under its terms private citizens are compelled to police by the threat of some kind of punishment if they fail to do so. In American police history the sheriff s posse is perhaps the most familiar variety of this type of policing. The English systems of frankpledge (Morris 1910) and parish constable (Webb and Webb 1906) were also of this type.

A second type of private-sector policing, voluntary avocational policing, is done by private citizens not because they are obliged by a threat of punishment but because they, for their own reasons, want to do it. The most familiar American example of this type of policing is vigilante groups, over three hundred of which are known to have operated throughout the United States up to the end of the nineteenth century (Brown 1975).

A third type, entrepreneurial avocational policing, includes private citizens who as English thief takers, American bounty hunters, French agents provocateurs, and miscellaneous paid informants police on a per-head, per-crime basis for money.

The institutional history of these avocational forms of policing is thoroughly disappointing, and modern societies have largely abandoned these ways of getting police work done. The central flaw in all systems of obligatory avocational policing is that as the work of policing becomes more difficult or demanding, obligatory avocational policing takes on the character of forced labor. Motivated only by the threat of punishment, those who do it become unwilling and resistant, a situation offering no one any reason to learn or cultivate the skill to do it well. All forms of voluntary avocational policing suffer from the exact opposite problem. Voluntary avocational police, vigilantes and the like, typically approach their work with passion. The problem is that because the passionate motives of voluntary avocational police are their own, it is almost impossible to control who and where and what form of police work they do and on whom they do it. Finally, the experience with entrepreneurial forms of avocational policing— thief takers, bounty hunters, and paid informants—has been the most disappointing of all. The abuse and corruption of entrepreneurial avocational police has demonstrated unequivocally that greed is too narrow a basis on which to build a police system.

Sociologically, the shortcoming of all forms of avocational policing is that none of them offers adequate means of controlling the police. This observation leads directly to the question of why one might have reason to suspect that a full-time, paid police should be easier to control than its avocational precedents. What new means of control is created by establishing a full-time, paid, police vocation?

The answer to this problem is that only when policing becomes a full-time, paid occupation is it possible to dismiss, to fire, any particular person who makes his or her living doing it. The state can only hire entrepreneurial avocational police, bounty hunters, paid informants, and thief takers; it cannot fire them. Vigilantes are driven by their own motives and cannot be discharged from them. Obligatory avocational police are threatened with punishment if they don’t work; most would love to be sacked. Because the option to fire, to take police officers’ jobs away from them, is the only essential means of controlling police work that separates the police vocation from all avocational arrangements for policing, how that option is used will, more than anything else, determine the shape and substance of the police vocation.

The Police Vocation. The English, who in 1829 created the first modern police, were intimately familiar with the shortcomings of all forms of avocational policing. They had, in fact, resisted the creation of a paid, full-time police for more than a century, out of fear that such an institution would be used as a weapon of political oppression by the administrative branch of government. To allay the fears that the ”New Police” would become such a weapon, the architects of the first modern police, Home Secretary Robert Peel and the first commissioners of the New Police, Richard Mayne and Charles Rowan, imposed three major political controls on them. Peel, Mayne, and Rowan insisted that the New Police of London would be unarmed, uniformed, and confined to preventive patrol. Each of these features shaped in profound ways the institution of the New Police and, in turn, the police of the United States and other Western democracies that explicitly copied the English model.

Unarmed. Politically, the virtue of an unarmed police is that its strength can be gauged as a rough equivalent of its numbers. Weapons serve as multipliers of the strength of individuals and can increase the coercive capacity of individuals to levels that are incalculable. One person with a rifle can dominate a dozen citizens; with a machine gun, hundreds; with a nuclear missile, thousands. One person with a police truncheon is only slightly stronger than another, and that advantage can be quickly eliminated by the other’s picking up a stick or a stone. In 1829 the individual strength of the 3,000 constable, unarmed New Police offered little to fear to London’s 1.3 million citizens.

While this political virtue of an unarmed police helped overcome resistance to the establishment of the institution, the long-run sociological virtue of an unarmed police proved far more important. Policing is, by definition, a coercive enterprise. Police must, on occasion, compel compliance from persons who would do otherwise. Force is, however, not the only means to compel compliance. Sociologically, at least three other bases for control are possible: authority, power, and persuasion.

Unarmed and outnumbered, the New Police ”bobby” could not hope to police effectively on the basis of force. Peel, Mayne, and Rowan knew that if the New Police were to coerce successfully, they would have to do so on the basis of popular respect for the authority and power of the institution of which they were a part. The respect owed each constable was not owed to an individual but to a single, uniform temperament, code of conduct, style of work, and standard of behavior that every constable was expected to embody.

In order to achieve this uniformity of temperament, style, conduct, and behavior, the architects of the New Police employed the option to dismiss with a passion. ”Between 1830 and 1838, to hold the ranks of the New Police of London at a level of 3300 men required nearly 5,000 dismissals and 6,000 resignations, most of the latter not being altogether voluntary” (Lee 1971; p. 240). During the first eight years of its organization, every position on the entire force was fired or forced to resign more than three times over!

Unlike their earlier London counterparts, the new American police were undisciplined by the firing option. What prevented the effective use of the firing option by early American police administrators was that police positions were, by and large, patronage appointments of municipal politicians. In New York, for example, the first chief of police did not have the right to fire any officer under his command. So while London bobbies were being dismissed for showing up late to work or behaving discourteously toward citizens, American police were assaulting superior officers, taking bribes, refusing to go on patrol, extorting money from prisoners, and releasing prisoners from the custody of other officers.

In New York, Boston, Chicago, and other American cities the modern police began, in imitation of London’s bobbies, as unarmed forces; but, being corrupt, undisciplined, and disobedient, they could not inspire respect for either their power or their authority. In controlling citizens they had no option but to rely on their capacity to use force. The difficulty with doing so unarmed is that someone armed with a multiplier of strength can always prove to be stronger. Gradually, against orders, American police armed themselves, at first with the quiet complicity of superior officers and later, as the practice became widespread, in open defiance of departmental regulations. Eventually, in an effort to control the types of weapons their officers carried, the first municipal police agencies began issuing standard service revolvers.

The long-run sociological consequence of arming the American police can be understood only by appreciating how it shaped American police officers’ sense of the source of their capacity to control the citizens with whom they dealt. While the London bobbies drew their capacity for control from the profoundly social power and authority of the institution of which they were a part, American police officers understood their capacities for control to spring largely from their own personal, individual strength, multiplied if necessary by the weapon they carried on their hips. This understanding of the source of their capacity for control led American police officers to see the work they did and the choices they made in everyday policing to be largely matters of their individual discretion. Thus, the truly long-run sociological effect of the arming of the American police has been to drive discretionary decision making to the lowest and least public levels of American police agencies. Today how an American police officer handles a drunk, a domestic disturbance, an unruly juvenile, a marijuana smoker, or a belligerent motorist is largely a reflection not of law or agency policy but of that particular officer’s personal style. This is not to say that law or agency policy cannot have influence over how officers handle these types of incidents. However, one of the major lessons of recent attempts by sociologists to measure the impact of changes in law or police policy in both domestic violence and drunken driving enforcement is that officers can resist those changes vigorously when the new law or policy goes against their views of proper police response (see Dunford et al. 1990;Mastrofski et al. 1988).

Uniformed. Politically, the requirement that police be uniformed is a guarantee that they will not be used as spies; that they will be given information only when their identity as police is known; that those who give them information, at least when they do so in public, are likely to be noticed doing so; and that they can be held accountable, as agents of the state, for their behavior. The English, who had long experience with uniformed employees of many types, understood these political virtues of the uniform completely. In fact, an incident in 1833 in which a police sergeant assumed an ununiformed undercover role resulted in such a scandal that it nearly forced the abolition of the New Police.

By contrast, the early American understanding of the uniform was totally different. Initially it was seen to be a sign of undemocratic superiority. Later it was criticized by officers themselves as a demeaning costume and resisted on those grounds. For twelve years, despite regulations that required them to do so, early New York policemen successfully refused to wear uniforms. In 1856 a compromise was reached by allowing officers in each political ward to decide on the color and style they liked best.

Despite the early resistance to the uniform and the lack of appreciation for its political virtues, American police eventually became a uniformed force. While the London bobby’s uniform was explicitly designed to have a certain ”homey” quality and to reflect restraint, the modern American police officer’s uniform is festooned with the forceful tools of the police trade. The gun, ammunition, nightstick, blackjack, handcuffs, and Mace, all tightly holstered in shiny black leather and set off with chromium buckles, snaps, badges, stars, flags, ribbons, patches, and insignia, suggest a decidely military bearing. The impression intended is clearly one not of restraint but of the capacity to overcome the most fearsome of enemies by force.

The Military Analogy and the War on Crime.

To understand the sociology of the American police uniform, it is necessary to see in it a reflection of a major reform movement in the history of the American police. Around 1890 American police administrators began to speak about the agencies they administered as if they were domestic armies engaged in a war on crime (Fogelson 1977).

The analogy was powerful and simple. It drew upon three compelling sources. First, it sought to connect police with the victories and heroes of the military and to dissociate them from the corruption and incompetence of municipal politics. Second, it evoked a sense of urgency and emergency in calls for additional resources. From the turn of the century to the present day, the war on crime has proved a useful device for getting municipal governments and taxpayers to part with money for police salaries and equipment. Third and most important, the war on crime and the military analogy sought to create a relationship between police administrators and politicians at the municipal level that was similar to the relationship enjoyed by military generals and politicians at the national level. At the national level Americans have always conceded that the decision on whether to fight a war was a politicians’ decision, but how that war was to be fought and the day-to-day discipline of the troops was best left to the generals. By getting the public and the politicians to accept these terms of the police-politics relationship, the early police administrators found a way to wrest from the hands of politicians the tool they needed to discipline their troops: the option to fire disobedient officers.

The uniform of the war-ready American police officer is testimony to the fact that since the 1940s, American police administrators have won the battle to conceive of police as engaged in a war on crime. In doing so they have gained control of the option to fire for administrative purposes. However, the cost of that victory has been enormous.

A major problem is the idea of a war on crime and the expectation police have promoted that they can, in some sense, fight or win it. In point of fact, a war on crime is something police can neither fight nor win for some fundamental sociological reasons. It is simply not within the capacity of police to change those things—unemployment, the age distribution of the population, moral education, civil liberties, ambition and the social and economic opportunities to realize it—that influence the amount and type of crime in any society. These are the major social correlates of crime, and despite presentments to the contrary, police are but a small tail on a gigantic social kite. Moreover, any kind of real ”war on crime” is something that no democratic society would be prepared to let its police fight. No democratic society would be able to tolerate the kinds of abuses to the civil liberties of innocent citizens that fighting any real ”war” on crime would necessarily involve. It is a major contribution of the sociology of police since the 1960s to demonstrate that almost nothing police do can be shown to have any substantial effect on reducing crime.

The problems of policing in the name of crime when one cannot do much of anything about it are enormous. It is not uncommon for patrol officers to see their employers as hypocritical promoters of a crime-fighting image that is far removed from what they know to be the reality of everyday police work. They may seek to explain what they know to be their failure to do much about crime in terms of the lack of courage of their chief, the incompetence of police administration, or sinister political forces seeking to ”handcuff’ the police. They often close off what they regard as the disappointing reality of what they do in cynicism, secrecy, and silence—the ”blue curtain,” the occupational culture of policing.

Equally problematic as a spoil of the early chiefs’ victory in their war on crime is the quasi-military police administrative structure. Once heralded as a model of efficiency, it is now regarded as an organizationally primitive mode of management. It works, to the extent that it works, by creating hundreds and sometimes even thousands of rules and by punishing departures from those rules severely. The central failing of such an administrative model is that it rests on the unwarranted assumption that employees will not discover that the best way to avoid punishment for doing something wrong is to do as little as possible. The administration can, in turn, respond by setting quotas for the minimum amount of work it will tolerate from employees before it moves to punish them, but if it does so, that minimal amount of work is, by and large, all it will get.

Preventive Patrol. The third major mechanism with which architects of the New Police sought to neutralize their political uses was to confine police to preventive patrol. This restriction was understood to have the effect of limiting the uniformed, patrolling constable to two relatively apolitical types of interventions: situations in which constables would be called upon for help by persons who approached them on the street and situations that, from the street, constables could see required their attention. These political virtues of patrol impressed the architects of the New Police, particularly Sir Richard Mayne. Mayne postponed the formation of any detective unit in the New Police until 1842, and during his forty years as commissioner held its ranks to fewer than 15 detectives in a force of more than 3,500.

In the early American experience, uniformed patrol served the principal purpose of imposing some semblance of order on unruly officers. Patrol offered some semblance of assurance that officers could be found at least somewhere near the area to which they were assigned. And while American police created detective forces almost immediately after they were organized, patrol has become in the United States, as in Britain and other modern democracies, the major means of getting police work done.

Sociologically, patrol has had tremendous consequences for the form and substance of policing. It has, for example, been extraordinarily amenable to the three most profound technological developments of the past century: the automobile, the telephone, and the wireless radio. And while there is no evidence that increasing or decreasing the amount of patrol has any influence whatsoever on the crime rate, each of these technological developments has made police patrol more convenient and more attractive to citizens who wish to call for police service. It is not an exaggeration to say that the vast majority of the activity of most modern police agencies is driven by a need to manage citizen demand for patrol service.

In recent years, attempts to manage this demand have taken many forms. Among the most common are the creation of computer-aided dispatch systems that prioritize the order in which patrol officers are assigned to complaints and increasingly stringent policies governing the types of problems for which police will provide assistance. Also increasingly common are attempts to handle complaints that merely require a written report, by taking that report over the telephone or having the complainant complete a mail-in form. In no small part, such efforts at eliminating unnecessary police response and making necessary police response efficient have produced some of the increasing cost for police labor.

REORIENTING POLICING

Despite efforts at prioritization, limitation of direct police response, and development of alternative ways of registering citizen complaints, demand for police service continues to grow. Despite the fact that individual citizens appear to want this form of police service more than any other, some contemporary approaches suggest that the entire idea of ”dial-a-cop,” ”incident-driven” policing requires reconsideration. Two such approaches, ”community-oriented policing” (Skolnick and Bayley 1986) and ”problem-oriented policing” (Goldstein 1979, 1990), have been advanced as the next generation of ”reform” movements in American policing (Greene and Mastrofski 1988).

As theories of police reform, both ”problem-oriented” and ”community-oriented” policing are grounded in the suspicion that the traditional police response of dispatching patrol officers in quick response to citizen complaints does little to correct the underlying problem that produced the complaint. To some degree at least, this suspicion is confirmed by studies that tend to show that a fairly small number of addresses tend to generate disproportionate numbers of calls for police service, and that patrol officers commonly return to such ”hot spots” again and again to attend to similar problems (Sherman et al. 1989).

Both problem-oriented and community-oriented policing offer strategies to deal with such problems that go beyond merely dispatching an officer to the scene. Problem-oriented policing offers a generic, four-step, problem-solving strategy—scanning, analysis, response, and assessment— that police can use to identify problems and experiment with solutions. Community-oriented policing, by contrast, does not offer a mechanism for problem analysis and solution. It is, however, committed to a general strategy that calls for cooperative, police-community efforts in problem solving. In such efforts it encourages the employment of a variety of police tactics—foot patrol, storefront police stations, neighborhood watch programs— that tend to involve citizens directly in the police mission.

While both approaches to reorienting policing have been heralded as revolutionary in their implications for the future of policing, both confront some major obstacles to their realization. The first is that neither problem-oriented nor community-oriented police efforts have been able to reduce the demand for traditional patrol response. Unless that demand is reduced or police resources are increased to allow it to be satisfied along with nontraditional approaches, the community- and problem-oriented policing approaches will most likely be relegated, at best, to a secondary, peripheral role.

The second problem confronting both community- and problem-oriented policing stems from the definition of police and the role appropriate to it in a modern democratic society. The special competence of police is their capacity to use force, and for that reason all modern societies find it necessary and appropriate to have them attend to situations that cannot await a later resolution. Reactive, incident-driven, dial-a-cop patrol is a highly popular, extremely efficient, and (as nearly as possible) politically neutral means of delivering that special competence. To expand the police role to include responsibility for solving the root problems of neighborhoods and communities is an admirable aspiration; but it is a responsibility that seems to go beyond the special competence of police and to require, more appropriately, the special competence of other institutions.

In the past quarter of a century, the scholarly literature on police has grown so dramatically that a guide is quite helpful if not essential for the reader who seeks to explore the sociology of police. There are seven classic works in the sociology of police that continue to frame most modern dialogues: Michael Bantons’s The Policeman in the Community (1968), Egon Bittner’s Functions oj Police in Modern Society (1970), Herbert Packer’s The Limits oj the Criminal Sanction (1968), Jerome Skolnick’s Justice without Trial (1966), William Westley’s Violence and the Police (1970), and James Q. Wilson’s Varieties oj Police Behavior (1968). These classic works are informed, dramatized, broadened, and otherwise enhanced by a second generation consisting of five extraordinary empirical and theoretical works: Donald Black’s Manners and Customs oj the Police (1980), David Bayley’s Forces oj Order: Police Behavior in Japan and the United States (1976), William Ker Muir, Jr.’s Police: Streetcorner Politicians (1977), Peter Manning’s Police Work: The Social Organization oj Policing (1977), andJona-than Rubinstein’s City Police (1973).

Beginning in the 1980s, the literature on the sociology of police may be thought of as dividing into three tracks. One track continues the general reflections on the nature of the police institution and its enterprise and includes Richard Ericson’s Making Crime (1982), Carl Klockars’s The Idea oj Police (1983), Robert Reiner’s The Politics oj the Police (1985), and most recently Richard Ericson and Kevin Haggarty’s Policing the Risk Society (1997). A second track includes a collection of studies that focus on particular types of or particular problems in policing. Among them are Geoffrey Alpert and Laurie Fridell’s Police Vehicles and Firearms: Instruments oj Deadly Force (1992), Gary Marx’s Undercover (1988), Maurice Punch’s Conduct Unbecoming: The Social Construction oj Police Deviance and Control (1985), and Lawrence W. Sherman’s Policing Domestic Violence (1992), as well as two collections, Modern Policing, edited by Michael Tonrey and Norval Morris (1992), Police Violence: Understanding and Controlling Police Abuse oj Force, edited by William A. Geller and Hans Toch (1996). The third track is, of course, the enormous literature on community policing. The collection edited by Jack Greene and Stephen Mastrofski and entitled Community Policing: Rhetoric or Reality (1988) is a good guide to the early literature. Herman Goldstein’s Problem-Oriented Policing (1990) is, of course, essential. Malcolm Sparrow, Mark Moore, and David Kennedy’s Beyond 911 (1995), and George Kelling and C. Coles’s Fixing Broken Windows (1996) are two works of some influence in contemporary discussions of the promise of community policing.

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