An Issue Affecting Human Relations
By: Rommel K. Manwong
RATIONALE
This paper presents a personal view on the perception of the existence of discrimination in the treatment of suspects by law enforcement officers. This examines one factor in the creation of negative public perception or attitude towards law enforcement.
Research has acknowledged that it is of equal importance to study public perceptions of bias in the criminal justice system as to study whether bias actually exists. As such, this paper does not attempt to determine if discrimination actually occurs, but rather what the public perceives as occurring in the criminal justice system.
INTRODUCTION
When one thinks about the police or the entire criminal justice system, images of opportunity, equality, freedom, and justice come to mind. As exemplified by the statement “Equal Justice Under Law” .However, these ideals, on which our society and government is based, do not always seem to apply to all. “The doctrine of ‘equality before the law’ is an ideal firmly entrenched in our legal culture. It establishes the principle that no person or class of persons may be subjected to discriminatory or arbitrary treatment. Nevertheless, research suggests that not everyone is treated equally under the law. Perhaps more importantly, people perceive that not everyone is treated equally by the criminal justice system.
Social inequalities in the justice system have been studied by social scientists for the past century. However, the question comes to mind, “What is equal justice?” especially when what one person perceives as just may be perceived as unjust by another. As such, it is similarly important to study public attitudes toward equality and justice as it is to study if bias does indeed occur.
The idea that “justice lies in the eyes of the beholder” which depends on the “expectations of the customers, their perceptions of what treatment others receive, and the interpretation of their own experience in terms of their personal values” has been considered.
The public’s attitude toward the criminal justice system’s treatment of individuals is an issue that receives a great deal of attention by both popular media sources and scholars alike. The elusive question of whether bias exists within the criminal justice system, as well as if the public perceives bias exists, has puzzled and stimulated debate among scholars for decades and will continue to do so.
Negative Public Attitudes toward the Police
Many have been interested in studying the attitudes of the public toward law enforcement officers. Public riots and similar events occurring almost everyday led researchers and police managers to study public attitudes because many of the riots were incited by actions of the police. Police administrators recognized the importance of the public to the maintenance of civil order. As a result, social scientists and policy makers began to focus their attention on the public’s view of the police and the criminal justice system at large.
The role of public attitudes toward the police is still seen as an essential element of successful police work. As a public sector organization, the police need community support to meet their goals.
Although crime rates are decreasing according to police reports and statistics, the public perceives the police to be biased in their treatment of specific groups in society. The police have worked to build collaborations with the community. However, this method of policing is dependent on the assistance of the community. If large numbers of citizens perceive that the police are biased, they are less likely to contribute to policing efforts. The relationship between public attitudes and the ability of the police to effectively do their job is evident. This creates a challenge for police departments to improve their public image in a situation whereby, “relations between the police and the community, between the police and minority groups particularly, are complex and multi-faceted”
Poor police-community relations adversely affect the ability of the police to prevent crime and apprehend criminals. People hostile to the police are not so likely to report violations of the law, even when they are the victims. They are even less likely to report suspicious persons or incidents, to testify as witnesses voluntarily, or to come forward and provide information. Yet citizen assistance is crucial to law enforcement agencies if the police are to solve an appreciable portion of the crimes that are committed.
Police Decision Making and Discretion
To evaluate the police and the quality and equality of their service, one must understand the context of police decision-making. The primary role of police is to keep the peace and maintain order by enforcing legislated laws. The difficult role for the police in maintaining a positive perception by the public was identified to be common view. “The policeman is frequently in an adversary relation with his public. The policeman in the routine case is often (though not always) dealing with the public as an antagonist: he issues summons, makes arrests, conducts inquiries, searches homes, stops cars, testifies in court, and keeps a jail.” Due to the nature of this interaction, it is not surprising that police are perceived as hostile which, in turn, affects police morale and job satisfaction.
The police are in a unique position in that they make legal decisions that are typically low in visibility. The legal mandate of the police is to enforce laws uniformly; however, full enforcement is neither possible nor desirable. As such, one dimension of police work is selective enforcement. It has been noted that police officers must decide whether an incident is criminal, if resources should be allocated to investigating the incident, the gravity of the incident, and what action should be taken. The behavior exhibited by police officers is often a basis for how the public views the police. Thus, a challenge faced by police officers stems from police being expected to ‘use their judgment’; however, they are not taught what ‘judgment’ is. Moreover, the public is quick to criticize the police if they act in a manner which the public dislikes.
It has also been noted that discretion is inevitable since it is impossible to observe every infraction and the public would not tolerate full enforcement. Often the police are placed in a situation whereby they must make split second decisions to deal with the situation at hand. Police officers may choose to make an arrest, give a warning, or walk away. The challenge then, for the police and citizens, is a result of “neither a clear-cut set of rules for the police to follow nor is there a predetermined set of expectations that citizens can use to evaluate the police”.
Some identified controversy facing the police officers are includes the following:
The police in democratic society are required to maintain order and to do so under the rule of law. As functionaries charged with maintaining order, they are part of the bureaucracy. The ideology of democratic bureaucracy emphasizes initiative rather than disciplined adherence to rules and regulations. By contrast, the rule of law emphasizes the rights of individual citizens and constraints upon the initiative of legal officials.
Police discretion is a critical element of a police officer’s work. The existence of police discretion has led scholars to debate the equality of police decision-making.
Discrimination in the Criminal Justice System
In order to study whether people perceive the existence of police discrimination especially in treating suspects, one must examine the definition of discrimination. As defined, discrimination is “differential treatment of groups without reference to an individual’s behavior or qualifications.” It occurs in two ways: unequal protection, which is characterized by discrimination against victims, and unequal enforcement characterized by discrimination against suspects.
Attitudes toward the police are often affected by ones perception of how well the police are adhering to set standards. Research in the field of social and cognitive psychology has shown “that people do not always use information in a rational, scientific manner. The way in which we respond to information depends on a number of factors, including our prior attitudes”. It is a point to emphasize that there is a distinct difference between actual and perceived discrimination in the administration of justice. As such, actual and perceived discrimination should be studied separately.
In general, studies have found that attitudes toward the police have been consistently favorable throughout the past years. However, it is also evident that many hold significantly more negative views of the police than others do. Throughout the literature addressing attitudes toward the police, race has been found to be the greatest factor influencing one’s attitudes. Police departments must recognize that different cultures have different values, and police organizations must take these values into consideration to be effective.
Summary
An examination of public opinion polls over the past three decades is considered. Based on the result of the poll, it is apparent that a portion of the lower income members of society, the under-privileged and or the poor are discriminated against by the police and legal system. This initiates negative public attitude.
Conclusion
Attitudes toward the police have a profound impact on the community’s relationship with the police. Some argue that the public must hold positive attitudes toward the police in order for them to function effectively and efficiently. Negative perceptions of the criminal justice system tend to be based on two issues: certain groups are treated inequitably, and the system favors the suspect or accused. Negative opinions of the police result in a lack of respect, disorder, and inefficient police function. When individuals perceive unfair decision-making or undignified treatment, they may be less willing to participate in the system as participants or to seek assistance from the police and the courts in resolving their own disputes or responding to victimization.
Citizens who hold negative views of the police are less likely to report crimes or suspicious persons, to testify as witnesses, or to come forward and offer information. Those who demonstrate lower levels of support for the police are more likely to steal, and speed and drive under the influence of alcohol and violate the laws in general. Likewise, individuals with negative views of the police were more likely to commit serious criminal acts. Moreover, public dissatisfaction can result in police officers being reluctant to act, use unnecessary force, verbal abuse, or other improper procedures. Where people view criminal justice procedures as unfairly biased, they will be especially likely to consider the law illegitimate, and therefore less likely to comply with the law.
The level of public support of the police is essential due to the significant contribution of citizens to the success of crime control measures. The police are viewed as a symbol representing the entire criminal justice system simply because they are the most visible representative. Ones attitudes toward the police are, in essence, ones attitudes toward the institution of law, courts, legal representatives, prosecutors, judges and so forth.
Recommendations
In order to control and gradually remove the negative perception of people against the police, a comprehensive police community program should be implemented under the pressure of a political will. In the program, it should include the following but not limited to:
Building up good relationship is a continuing process which requires mutual respect and mutual exchange and cannot be compartmentalized or divided if it is to be effective.
Continuous Values Orientation and Skill Development of Personnel: Intensification of police education and values orientation; and Internalization of the Code of Ethics and Professional Standard of the police, moral and spiritual values and basic courtesies relative to Law Enforcement.
Unrelenting clean up of the organization of misfits, criminal elements, and leaders with low potential should be considered. These can be done by the continuous investigation, suspension or dismissed of misguided and erring police level at all level.
Unrelenting effort to brighten up the physical appearance of the police facilities and vehicle should also be considered. Sprucing (make neat and tidy) up of all police station or offices to create a public friendly atmosphere therein and the exercise of proper care.
