NIJ Journal Issue No. 248 by hbh94542


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									 U.S. Department of Justice
 Office of Justice Programs
 National Institute of Justice

                                                               Issue No. 248, 2002

                                  NATIONAL INSTITUTE OF JUSTICE

Kids, Prosecutors,
and Domestic                          Preventing School
Violence                              Shootings
                                      A Summary of a U.S. Secret Service
by Debra Whitcomb                     Safe School Initiative Report

                                      Tired Cops
                                      by Bryan Vila and Dennis Jay Kenney

                                      Trust and Confidence
                                      in Criminal Justice
                                      by Lawrence W. Sherman


                                      s Distinguishing Between Crack
                                         and Powder in Urine Tests
                                          by K. Jack Riley, Natalie T. Lu, et al.

                                      s   Keeping Mentally Ill People
                                          Out of Jails
                                          by Henry J. Steadman et al.

                                      s   Inside Chinese Smuggling
                                          by Sheldon Zhang and Ko-lin Chin

                                      s   Breaking the Cycle of Drug
                                          Use and Crime
                                          by Adele Harrell

                                      s   Compstat and Organizational
                                          by David Weisburd
                    BUILDING                                    Director’s Message
             KNOWLEDGE TO
          MEET THE CHALLENGE OF                                 This issue of the NIJ Journal discusses a wide range of issues—public
                                                                trust and confidence in criminal justice, how to identify potential school
                                                                shooters, protecting children exposed to domestic violence, and solving
                                                                the problem of tired police on the job.
          National Institute of Justice
                                                                The first article, “Trust and Confidence in Criminal Justice” by Lawrence
                       Sarah V. Hart                            W. Sherman, investigates why public trust and confidence rates are
                         Director                               falling just as law enforcement becomes more effective. It discusses
                                                                the racial divide, current demands for change, and potential solutions.
The NIJ Journal is published by the National Institute
of Justice, the research arm of the U.S. Department of
Justice, to announce the Institute’s policy-relevant research
                                                                The second article summarizes the interim report of the United States
results and initiatives. The Attorney General has determined    Secret Service Safe School Initiative, which focused on a rare, but signifi-
that publication of this periodical is necessary in the         cant component of school violence—incidents of targeted violence on
transaction of the public business required by law of           school grounds. Because of the Secret Service’s knowledge and expertise
the Department of Justice.                                      in researching, understanding, and preventing targeted violence, NIJ
Opinions or points of view expressed in this document           funded the Secret Service to study school shootings. Their report will
are those of the authors and do not necessarily reflect the     help schools understand the behavior and thinking of young persons
official position of the U.S. Department of Justice.
                                                                who commit targeted violence at school.
Subscription information
email                                In the third article, Debra Whitcomb discusses how prosecutors
              In the subject line, put “NIJ Journal             have been drawn into the debate over how best to protect children in
              Subscription”                                     the context of domestic violence. As research reveals more about the
phone         301–519–5500                                      effects of domestic violence on children, there are raised expectations
mail          NCJRS                                             as to what prosecutors can do for children who are exposed to domestic
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               .                                                violence. Whitcomb explores the challenges facing prosecutors when
              Rockville, MD 20849–6000                          children are exposed to domestic violence, how new State laws are
                                                                affecting practice, and what prosecutors can do to help battered
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                                                                women and their children.
Contact NIJ                                                     In the fourth article, Bryan Vila and Dennis Jay Kenney explain
National Institute of Justice                                   that fatigue is a widespread problem that can seriously degrade police
810 7th Street, N.W., Washington, DC 20531, U.S.A.              officers’ health, safety, interpersonal skills, and decisionmaking. The
                                                                National Commission on Sleep Disorders Research heard testimony
NIJ Journal Editorial Board
                                                                in 1991 from officers about terrible work schedules, high stress, and
Glenn R. Schmitt                                                overwhelming fatigue. But the Commission had no way to determine
Deputy Director
                                                                whether the witnesses’ experiences were representative of police
David Boyd                                                      officers in general because of a lack of scientific data documenting
Director, Office of Science and Technology
                                                                the prevalence of police fatigue. Now, data are available from the first
Sally T. Hillsman                                               comprehensive research on police work hours. The article also provides
Director, Office of Research and Evaluation
                                                                instructive suggestions as to how police departments can address this
Michael J. Dalich                                               serious, challenging problem.
Director, Office of Development and Communications
Patrick M. Clark              Sharla P Rausch
                                      .                         During my tenure as director, NIJ will continue to research the
A. Trent DePersia             Gerald P Soucy
                                      .                         challenges faced by the criminal justice community and suggest
James O. Finckenauer          Cheryl C. Watson                  strategies to address these challenges.
Lee Mockensturm
Jolene Hernon
Production by:
Palladian Partners, Inc.
                                                                Sarah V. Hart
Amy Benavides, Managing Editor
Catharine Rankin, Assistant Editor
Felicia Barlow, Contributing Writer
                                                March 2002
           2       Prosecutors, Kids, and Domestic Violence
                   Cases s Debra Whitcomb
           10      Preventing School Shootings s A Summary
                   of a U.S. Secret Service Safe School Initiative Report
           16      Tired Cops: The Prevalence and Potential
                   Consequences of Police Fatigue s Bryan Vila
                   and Dennis Jay Kenney
           22      Trust and Confidence in Criminal
                   Justice s Lawrence W. Sherman

           32 Recent Research Findings
                   • New Method for Monitoring Crack Use
                     s K. Jack Riley, Natalie T. Lu, et al.

                   • Responding to Emergencies Involving People
                     With Mental Illness s Henry J. Steadman et al.
                   • Enter the Dragon: Inside Chinese Smuggling
                     Organizations s Sheldon Zhang and Ko-lin Chin
                   • Breaking the Cycle of Drug Use and Crime
                     s Adele Harrell

                   • Compstat and Organizational Change
                     s David Weisburd

           39 New & Noteworthy
           41 Events
           44 Solicitations

Preventing School Violence:
School shootings are not a new phenomenon, and a recent series of
attacks has prompted efforts to identify, assess, and manage persons
who might pose a threat. Researchers have discovered, however, that
there is no single reason why school shootings occur nor one type of
student who becomes a shooter. School shooters can be of any age,
ethnic group, race, or family situation. And contrary to assumptions
              that some of our youth “just snap”—they don’t. They
              plan. See “Preventing School Shootings: A Summary
              of a U.S. Secret Service Safe School Initiative Report,”
              page 10. Photo source: PhotoDisc.

               Tired Cops:
               The first comprehensive research on police work hours
               and fatigue found that shift length, shift assignment
               policies, personal circumstances, commuting, and
               work-hour regularity are the main causes of police
               fatigue. Work weeks of up to 130 hours have been
               recorded, involving overtime assignments, shift work,
               night school, and waiting to testify. What does fatigue
               do to an officer’s ability to interact with people in their
               communities and make sound decisions? See “Tired
               Cops: The Prevalence and Potential Consequences of
               Police Fatigue,” page 16. Photo source: The Muskegon

                                                NIJ Journal s no. 248, 2002
Prosecutors, Kids,
and Domestic
Violence Cases
by Debra Whitcomb

                     Photo source: PhotoDisc and Eyewire
                                                     about the author

              olice and prosecutors say              Debra Whitcomb conducted this research while she was an NIJ Research Fellow.
              they sometimes feel like they          Whitcomb is Director, Grant Programs and Development, American Prosecutors Research
              are walking a tightrope when           Institute, 99 Canal Center Plaza, Suite 510, Alexandria, Virginia 22314, 703–519–1675,
      they intervene in domestic violence  
      cases. Each step into a heated
      domestic situation requires careful
      balance. On the one hand, the justice
                                                  on mothers. Critics hypothesize that       is the product of an NIJ-funded
      system must hold batterers account-
                                                  battered women will be increasingly        exploratory study that relied on
      able for their violent behavior; on
                                                  charged with criminal child abuse          two sources of data: a national tele-
      the other hand, a woman needs to
                                                  or failure to protect their children if    phone survey of prosecutors and
      control her life and find safety and
                                                  they do not take action against their      field research in five jurisdictions.
      security for herself and her children
                                                  batterer and could eventually lose         (See “The Survey and Its Findings.”)
      as best she can.
                                                  custody. Others fear that children
                                                                                             The exploratory study sought
      As research reveals more about              who are exposed to domestic vio-
                                                                                             answers to the following questions:
      the effects of domestic violence on         lence will increasingly be forced
      children, prosecutors are finding           to testify and therefore to “choose        s   How are new laws, now in effect
      that both the law and public opinion        sides” in the cases against their              in a small number of States,
      have raised expectations for what           mother or father.                              affecting practice?
      criminal justice professionals should                                                  s   What challenges do prosecutors
                                                  This article describes some of the
      do and actually can do.                                                                    face when children are exposed
                                                  issues prosecutors should be aware
      Some States have enacted legislation        of when they handle domestic                   to domestic violence?
      to better protect children exposed          violence cases involving children,         s   What can prosecutors do to
      to violence, but the new laws are           especially in light of recent legisla-         help battered women and their
      raising concern about the impact            tion aimed to protect children. It             children?

                                                                                             Why the New Laws?
The Survey and Its Findings
                                                                                             Children who witness domestic
                                                                                             violence often manifest behavioral
The study involved a telephone survey        (48 percent) of the jurisdictions had
                                                                                             and emotional problems, poor
of prosecutors and in-depth site visits      units or prosecutors responsible for all
                                                                                             academic performance, and delin-
to five jurisdictions to collect informa-    family violence cases, 38 percent had
                                                                                             quency.1 Sadly, violence against
tion about current practice and to iden-     separate domestic violence and child
                                                                                             women and violence against chil-
tify “promising practices” in response       abuse prosecutors or units. The other
                                                                                             dren often coexist in families—the
to cases involving domestic violence         respondents represented the singular
                                                                                             frequency of child abuse doubles in
and child victims or witnesses.              perspectives of domestic violence (10
                                                                                             families experiencing intimate part-
                                             percent) or child abuse (4 percent).
The final report, Children and Domestic                                                      ner violence, compared to families
Violence: Challenges for Prosecutors,        Specific findings include the following:        with nonviolent partners, and the
(NCJ 185355; grant 99–WT–VX–                                                                 rate of child abuse escalates with the
                                             Most respondents (78 percent)
0001) is available from NCJRS                                                                severity and frequency of the abuse
                                             agreed that the presence of children
for $15. To order a copy, call                                                               against the mother.2
                                             provides added incentive to prose-
                                             cute domestic violence cases. A few             Domestic violence is also a known
Findings from the                            individuals pointed to the children’s           risk factor for recurring child
Telephone Survey                             capacity to testify as an important             abuse reports3 and for child
                                             factor in their decisions.                      fatalities.4 In addition, domestic
The 128 prosecutors who completed
                                                                                             violence frequently coexists with
the telephone survey worked in 93            A majority of prosecutors’ offices
                                                                                             substance abuse, so that children are
offices in 49 States. The offices had        (59 percent) are aggressively pursu-
                                                                                             exposed to the effects of dangerous
jurisdiction over both felony and            ing enhanced sanctions for domestic
                                                                                             substances and the parental neglect
misdemeanor cases at either the              violence offenders when incidents
                                                                                             that usually comes with addiction.5
county or district level. Nearly half
                                                              (continued on page 7)          One large study involving 9,500
                                                                                             HMO members revealed that the

                                                                                                                        NIJ Journal s no. 248, 2002
              1,010 people who reported that their
              mothers had been treated violently
              also reported being exposed to
              other adverse childhood experi-                          Police officers are being encouraged
              ences, such as substance abuse (59
              percent reported exposure), mental                           to note the presence of children
              illness (38 percent), sexual abuse
              (41 percent), psychological abuse
              (34 percent), and physical abuse
                                                                    when they respond to domestic violence
              (31 percent).6
                                                                           incidents and to collaborate with
              It is generally recognized that the
              well-being of children who witness
              domestic violence is tied closely                       mental health professionals to address
              to that of their mothers,7 but the
              mother’s interests and the child’s                          the children’s trauma and anxiety.
              may not always be identical or even
              compatible. A mother may face seri-
              ous concerns about her financial and
              physical well-being if she separates
              from her violent partner. She may        How Are New Laws                         domestic violence specialists to help
              lack resources or social networks        Affecting Practice?                      develop appropriate case plans.13
              to extricate herself from dangerous                                               Legislators, too, are taking action
              relationships, and the community’s       The words of San Diego City              by enhancing penalties when
              support system may be inadequate.        Attorney Casey Gwinn capture             domestic violence occurs in front
              Her efforts to seek help may be          the climate of growing concerns          of children and creating new crimi-
              thwarted by waiting lists, lack of       related to children and violence         nal child abuse offenses for cases
              insurance, or high fees for services.    in the home:                             involving children who are exposed
              She may believe that she and her            …children must be a central           to domestic violence.
              children are better off staying with        focus of all we do in the civil and   The new laws are affecting prosecu-
              the violent partner despite the con-        criminal justice system…from          tors in different ways. For example,
              sequences.8                                 the initial police investigation      district attorneys in Multnomah
              Meanwhile, the children remain              through the probationary period,      County, Oregon, where a new law
              in perilous environments. Child             we must prioritize children’s         recently upgraded domestic violence
              protection agencies may feel com-           issues.9                              offenses to felonies when children
              pelled to intervene to forestall the     Police officers are being encouraged     are present,14 issued nearly 150 per-
              escalating risk of harm to children.     to note the presence of children         cent more felony domestic violence
              Unfortunately, in many jurisdic-         when they respond to domestic            cases in the year that the new law
              tions, a referral to the child protec-   violence incidents and to collaborate    was passed.
              tion agency is perceived as a mixed      with mental health professionals to      In both Salt Lake County, Utah,
              blessing. Many child protection          address the children’s trauma and        and Houston County, Georgia,
              agencies do not have adequate            anxiety.10 Battered women’s shelters     where committing domestic vio-
              resources to respond to the volume       are hiring staff to work with children   lence in the presence of a child
              of domestic violence reports they        and developing policy for alerting       is a new crime of child abuse,15
              receive when exposure to violence is     child protection agencies when           prosecutors tend to use these
              defined as a form of child maltreat-     needed.11 Juvenile and family courts     charges as “bargaining chips” to
              ment by law or policy. Elsewhere,        are sponsoring programs to meet          exert leverage toward guilty pleas
              critics charge, protective services      the needs of battered women              on domestic violence charges.
              workers are too quick to remove          whose children are at risk for
              children from violent homes, inap-       maltreatment.12 Child protection         In these jurisdictions, the new State
              propriately blaming women for the        agencies are instituting training        laws remind law enforcement inves-
              actions of their abusive partners.       and protocols to better identify         tigators to document children as
                                                       domestic violence; some are hiring       witnesses and to take statements

    Prosecutors, Kids, and Domestic Violence Cases
from them whenever possible, which
may strengthen prosecutors’ domes-
tic violence cases even if the children
cannot testify.
To understand how prosecutors are
responding to the changing atti-
tudes, researchers asked them to

                                           Photo source: PhotoDisc and Eyewire
explain how they would respond to
three different scenarios involving
children and domestic violence:
1. An abused mother is alleged
   to have abused her children.
2. Both mother and children
   are abused by the same male
3. Children are exposed to domes-
   tic violence, but not abused
   themselves.                            abuse of her child, and prior history                to the children. By identifying chil-
                                          of failure to comply with services                   dren as victims, these statutes:
For each scenario, respondents            or treatment plans.
answered these questions:                                                                      s   Allow children access to crime
                                          Prosecutors in States with laws                          victims compensation funds to
s   Would your office report the          either creating or enhancing                             address health or mental health
    mother to the child protection        penalties for domestic violence                          needs resulting from their expo-
    agency?                               in the presence of children were                         sure to domestic violence.
s   Would your office prosecute           significantly more likely to report
                                                                                               s   Enable the courts to issue pro-
    the mother in the first scenario      battered mothers for failure to
                                                                                                   tective orders on the children’s
    for the abuse of her children?        protect their children from abuse
                                                                                                   behalf (potentially affording
                                          or from exposure to domestic vio-
s   Would your office report                                                                       prosecutors another tool for
                                          lence, but there was no significant
    or prosecute the mother in                                                                     monitoring offenders’ behavior).
                                          difference in the likelihood of
    scenarios 2 and 3 for failure                                                              s   Signal a need to file a report with
                                          prosecution. (See table 1.)
    to protect her children from                                                                   the child protection agency, even
    abuse or exposure to domestic         The more tangible benefits of the                        in the absence of laws naming
    violence?                             new laws—particularly those in                           domestic violence as a condition
Many respondents noted the lack of        Utah and Georgia—may accrue                              of mandatory reporting.
statutory authority in their States to
prosecute mothers for failure to pro-
tect their children, especially from      Table 1: Prosecutors’ Responses to Scenarios Involving
exposure to domestic violence. Some       Children and Abuse
explained that they consider moth-
ers’ experience of victimization in                                                 Would Report         Would Prosecute
their decisions to report or prose-       Scenario                               At Least Sometimes     At Least Sometimes
cute battered mothers for their
                                          Mom Abuses Children                           94%                     100%
children’s exposure to abuse or
                                                                                      (n=90)                   (n=82)
domestic violence.
Factors in these decisions commonly       Mom Fails to Protect                          63%                     77.5%
include the severity of injury to the     from Abuse                                  (n=87)                   (n=80)
child, chronicity of the domestic
                                          Mom Fails to Protect                          40%                      25%
violence, the degree to which the
                                          from Exposure                               (n=86)                   (n=73)
mother actively participated in the

                                                                                                                           NIJ Journal s no. 248, 2002
              What Can
              Prosecutors Do?
                                                                       No other institution in the community
              Research suggests a number of
              steps prosecutors can take to help
              children who are exposed to
                                                                has the capacity and power to force offenders
              domestic violence:
                                                                   to confront and change their behavior. …
              s   Employ every available avenue
                  to enforce the terms of no-
                  contact orders and probationary                     Prosecutors can bring together people
                  sentences. Field research suggests
                  that these measures may offer                        with disparate views and hammer out
                  the most powerful means of
                  holding domestic violence                     ways to overcome distrust and conflict toward
                  offenders accountable for
                  their behavior.
                                                                      a common goal: protection of battered
              s   Establish protocols within
                  prosecutors’ offices to encourage
                  information sharing among
                                                                                 women and their children.
                  prosecutors with responsibility
                  for domestic violence and child
                  abuse caseloads.
                                                           or other available charges reflect-       with prosecution among bat-
              s   Identify avenues for early inter-        ing the danger to children who            tered women.17
                  vention (e.g., by placing greater        witness violence. These addi-         s   Ensure that social service agen-
                  emphasis on misdemeanor                  tional charges can be used to             cies will connect with families
                  prosecution).                            argue for stricter conditions of          that have been reported for
              s   Train law enforcement investiga-         pretrial release or probation, or         domestic violence, both to
                  tors to note the presence of             perhaps for upward deviation              offer referrals for needed services
                  children in domestic violence            from sentencing guidelines.               and to monitor future incidents.
                  incidents and to take statements     s   Provide training on domestic              Some avenues need to be avail-
                  from them whenever appropri-             violence, child abuse, and the            able for offering needed services
                  ate to do so.                            impact of domestic violence               to children in troubled families
              s   Encourage law enforcement                on children for all prosecutors,          before they suffer serious harm.
                  agencies to adopt a model of             victim advocates, and other           No other institution in the commu-
                  law enforcement–mental health            court personnel whose job             nity has the capacity and power to
                  partnership that was pioneered           responsibilities include              force offenders to confront and
                  in New Haven, Connecticut, as a          responding to allegations             change their behavior. As political
                  means of ensuring that children          of family violence.                   leaders in their communities, prose-
                  who are exposed to violence          s   Promote increased attention           cutors have the status and opportu-
                  receive timely and appropriate           to services for battered women.       nity to advocate for needed change,
                  therapeutic intervention.16 Be           Women cannot reasonably be            whether legislative, fiscal, or pro-
                  prepared, however, to develop            expected to extricate themselves      grammatic in nature. Prosecutors
                  policies or protocols to guide law       from dangerous relationships if       can bring together people with
                  enforcement officers’ decisions          the financial and social supports     disparate views and hammer out
                  to report these incidents to the         are not available in their com-       ways to overcome distrust and
                  child protection agency.                 munities. Particular attention        conflict toward a common goal:
              s   Wherever possible, prosecute             should be paid to substance           protection of battered women and
                  domestic violence offenders              abuse treatment; one recent           their children.
                  on concurrent charges of child           study suggests that substance
                                                           abuse predicts noncooperation                                 NCJ 190632
                  endangerment, emotional abuse,

    Prosecutors, Kids, and Domestic Violence Cases
The Survey and Its Findings (continued from page 3)
involve children as victims or         on the prosecutor’s decision mak-     s   Is an eyewitness to the
witnesses. Most commonly, pros-        ing or the court’s proceedings.           incident.
ecutors argue for harsher sentenc-
                                       Where there are concurrent charges    s   Is present in a room where
ing or file separate charges of
                                       of domestic violence and child            objects are being thrown.
child endangerment. Responding
                                       abuse, prosecutors try to coordi-
offices in which prosecutors had                                             s   Is in a car during a domestic
                                       nate the cases to optimize the
received at least some training on                                               violence incident.
                                       sanctions against the offender and
the co-occurrence of domestic
                                       the safety of the mother and chil-
violence and child maltreatment                                              s   Is in the arms of the victim or
                                       dren. For example, the family
(65 percent) were significantly                                                  suspect during an incident.1
                                       violence prosecutor can use
more likely to report employing
                                       child abuse cases to support the      Anyone convicted of child endan-
these avenues in applicable cases.
                                       domestic violence charge. Even        germent and sentenced to proba-
Most jurisdictions lack a policy       if the child abuse is a felony and    tion will be required to complete a
for prosecutors and investiga-         the domestic violence is a misde-     yearlong child abuser’s treatment
tors to identify co-occurring          meanor, prosecutors may accept        program.
cases of domestic violence and         a plea to jail time on the domestic
child maltreatment. None of the        violence charge and a 10-year         Several programs support the
35 responding offices with sepa-       deferred adjudication on the child    prosecutors. For example, the
rate domestic violence and child       abuse charge, which typically car-    Child Advocacy Project (CAP)
abuse units had protocols direct-      ries with it numerous conditions      provides services to children
ing prosecutors in these units to      (e.g., no contact, participation in   and families in reported incidents
inquire about co-occurrence or         substance abuse treatment, and        of abuse, neglect, exploitation,
to communicate with one another        so on). This avenue ensures a         or domestic violence that are
when relevant cases arise. About       domestic violence conviction          not investigated for criminal
half were aware of protocols           while imposing strict court over-     justice system intervention.
directing law enforcement officers     sight on the child abuse charge.      Through a collaboration with
to ask about child victims or                                                the San Diego Police Department
                                       Respondents observed that             and Children’s Hospital Center for
witnesses when investigating
                                       deferred adjudication or a proba-     Child Protection, the San Diego
domestic violence reports. About
                                       tion sentence is, in some ways,       City Attorney’s Office reviews
one-fourth knew of protocols
                                       more severe and more effective        these reports with an eye toward
directing investigators to inquire
                                       than jail time, precisely because     any angle that might support a
about domestic violence when
                                       of the conditions that can be         misdemeanor prosecution with
responding to child abuse reports.
                                       imposed, the length of time that      the goal of creating an avenue for
Findings From the                      the offender can remain under the     service delivery. Most defendants
In-Depth Site Visits                   court’s supervision, and the threat   plead guilty and receive informal
                                       of revocation and incarceration.      probation with referrals to parent-
Dallas, Texas. Prosecutors in
Dallas pursue a fairly strict “no-     San Diego, California.                ing and counseling programs.
drop” policy for domestic violence     Prosecutors in San Diego are          Salt Lake County, Utah. In May
cases, and the presence of chil-       both aggressive and creative in       1997, Utah became the first State
dren only strengthens their resolve    finding ways to enhance sanctions     to enact legislation specifically
to move cases forward. However,        for perpetrators of domestic          addressing the issue of children
with reluctant women, the officials    violence and child abuse. For         who witness domestic violence.
can offer the option of filing an      example, domestic violence            Notable elements of this statute
“affidavit of nonprosecution.” This    offenders can be charged with         include the following:
document helps women who fear          child endangerment when a child:
retribution from their abusive part-                                         s   It creates a crime of child
                                       s   Calls 911 to report domestic          abuse, not domestic violence.
ners because it allows the women
to demonstrate their efforts to                                                              (continued on page 8)
terminate law enforcement’s inter-     s   Appears fearful, upset, or
vention. However, it has no effect         hysterical at the scene.

                                                                                                            NIJ Journal s no. 248, 2002
                   The Survey and Its Findings (continued from page 7)
                  s   It does not require the child to     interaction between cohabitants in       Multnomah County, Oregon. The
                      be physically present during the     a household in the presence of a         study team selected Multnomah
                      incident of domestic violence.       child.”                                  County (Portland), Oregon, be-
                      The perpetrator simply must be                                                cause Oregon enacted legislation
                                                           In adopting the new category, the
                      aware that a child may see or                                                 upgrading certain assault offenses
                                                           department hired domestic vio-
                      hear it.                                                                      from misdemeanors to felonies
                                                           lence advocates and developed a
                                                                                                    when a child witnesses the crime.
                  s   Unless the precipitating domes-      protocol to guide child protection
                                                                                                    The felony upgrade applies only
                      tic violence incident is quite       workers in their determinations.
                                                                                                    to assault in the fourth degree, a
                      severe, it requires at least         Houston County, Georgia.                 misdemeanor offense that applies
                      one previous violation or act        Prosecutors in Houston County,           to many incidents of domestic
                      of domestic violence in the          Georgia, actively use new provi-         violence. Assaults in the first, sec-
                      presence of a child. A police        sions of Georgia’s “cruelty to           ond, or third degree are felonies
                      incident report documenting          children” statute that pertain to        that require more serious injuries
                      an earlier act in the presence       domestic violence committed in           or the use of weapons.
                      of a child will suffice for this     the presence of children. Because
                      purpose.                                                                      Even though the felony upgrade
                                                           cruelty to children is almost always
                                                                                                    applies to defendants with prior
                  Although criminal justice agencies       a misdemeanor offense, it makes
                                                                                                    convictions (either one against the
                  in Salt Lake County were not able        little difference in the penalties
                                                                                                    same victim or three against any
                  to provide statistical data, anecdo-     imposed on a batterer; indeed,
                                                                                                    victims) regardless of the presence
                  tal evidence suggests that:              the sentence typically runs by
                                                                                                    of children, prosecutors observe
                                                           concurrently with the underlying
                  s   The law is infrequently applied                                               that the large majority of elevated
                                                           domestic violence charge.
                      to mothers. But it could be                                                   cases are those involving child
                                                           However, the law does give prose-
                      applied if the women were                                                     witnesses.
                                                           cutors a stronger argument for no
                      arrested in the underlying           contact as a condition of bond.          The felony upgrade law has had a
                      incident of domestic violence.       Violations of no-contact orders are      noteworthy impact on the District
                                                           charged as aggravated stalking,          Attorney’s Office: The number of
                  s   The law is largely symbolic.
                                                           a felony offense in Georgia.             felonies reviewed more than tripled
                      It adds minimal time to the
                                                                                                    in 1998 (the year in which the law
                      offender’s sentence—perhaps          Prosecutors perceive the severe
                                                                                                    became effective), while the num-
                      6 months if the sentences            consequences of violating no-
                                                                                                    ber of misdemeanors reviewed
                      for the domestic violence            contact orders as perhaps the
                                                                                                    remained nearly constant. Also,
                      and child abuse charges              most effective response to domes-
                                                                                                    the number of felonies issued
                      run consecutively.                   tic violence among the sanctions
                                                                                                    exceeded the number of misde-
                                                           available to them.
                  s   The crime is relatively easy to                                               meanors for the first time.
                      prove, requiring either (a) testi-   Also, by identifying children as vic-
                                                                                                    In that same year, the proportion
                      mony from the responding             tims of the family violence battery,
                                                                                                    of issued domestic violence cases
                      officer, (b) testimony or excited    the new law accomplishes at least
                                                                                                    declined. This pattern held true for
                      utterances from the victim par-      three things:
                                                                                                    misdemeanors as well as felonies.
                      ent, or (c) a 911 tape that          s   It helps to counter batterers’       Prosecutors may have imposed
                      records children’s voices.               threats to gain custody of a         higher standards as they began to
                  Concurrent with the enactment                child.                               interpret and apply the new law.
                  of the new criminal statute, Utah’s      s   It makes the children eligible for
                  Department of Child and Family               crime victims compensation.
                  Services created a new category                                                   1. Gwinn, C., “Domestic Violence
                  of child abuse and neglect:              s   It enables the court to impose          and Children: Difficult Issues,”
                  “Domestic Violence-Related                   no-contact orders on the chil-          Presentation for the National
                                                                                                       College of District Attorneys,
                  Child Abuse,” or DVRCA, defined              dren’s behalf.                          1998.
                  as “violent physical or verbal

    Prosecutors, Kids, and Domestic Violence Cases
Notes                                    Administration, Assistant            12. See, e.g., Lecklitner, G.L., N.M.
                                         Secretary for Planning and               Malik, S.M. Aaron, and C.S.
1. For a comprehensive review,           Evaluation, 1999.                        Lederman, “Promoting Safety
   see Edleson, J., “Children’s                                                   for Abused Children and
   Witnessing of Adult Domestic       6. Felitti, V.J., R.F. Anda, D.
                                                                                  Battered Mothers: Miami-Dade
   Violence,” Journal of Interper-       Nordenberg, et al., “Relationship
                                                                                  County’s Model Dependency
   sonal Violence, 14(1999):             of Childhood Abuse and House-
                                                                                  Court Intervention Program,”
   839–870.                              hold Dysfunction to Many of
                                                                                  Child Maltreatment, 4(1999):
                                         the Leading Causes of Death
2. Strauss, M., R.J. Gelles, and S.                                               175–182.
                                         in Adults,” American Journal
   Steinmetz, Behind Closed Doors:       of Preventive Medicine, 14           13. Whitney, P., and L. Davis, “Child
   Violence in the American Family,      (1998): 250.                             Abuse and Domestic Violence
   New York: Doubleday/Anchor,                                                    in Massachusetts: Can Practice
   1980.                              7. Osofsky, J.D., “The Impact of
                                                                                  Be Integrated in a Public
                                         Violence on Children,” The
3. English, D.J., D.B. Marshall,                                                  Child Welfare Setting?” Child
                                         Future of Children: Domestic
   S. Brummel, and M. Orme,                                                       Maltreatment, 4(1999): 158–166.
                                         Violence and Children, 9(1999):
   “Characteristics of Repeated          33–49.                               14. Oregon’s legislation can be
   Referrals to Child Protective                                                  found at ORS 163.160(3)(b).
   Services in Washington State,”     8. Hilton, N.Z., “Battered Women’s
   Child Maltreatment, 4(1999):          Concerns About Their Children        15. Utah: U.C.A. §76–5–109.1;
   297–307.                              Witnessing Wife Assault,”                Georgia: O.C.G.A. §16–5–70.
                                         Journal of Interpersonal
4. U.S. Advisory Board on                                                     16. Marans, Berkowitz, and Cohen,
                                         Violence, 7(1992): 77–86.
   Child Abuse and Neglect, A                                                     “Police and Mental Health
   Nation’s Shame: Fatal Child        9. Personal communication,                  Professionals,” see note 10.
   Abuse and Neglect in the United       January 2000.
                                                                              17. Goodman, L., L. Bennett, and
   States, Washington, DC: U.S.       10. Marans, S., S.J. Berkowitz, and         M.A. Bennett, “Obstacles to
   Department of Health and               D.J. Cohen, “Police and Mental          Victims’ Cooperation with the
   Human Services, Administration         Health Professionals: Collabor-         Criminal Prosecution of Their
   for Children and Families, 1995.       ative Responses to the Impact           Abusers: The Role of Social
5. U.S. Department of Health              of Violence on Children and             Support,” Violence and Victims,
   and Human Services, Blending           Families,” Child and Adolescent         14(1999): 427–444.
   Perspectives and Building              Psychiatric Clinics of North
   Common Ground: A Report                America, 7(1998): 635–651.
   to Congress on Substance           11. Saathoff, A.J., and E.A. Stoffel,
   Abuse and Child Protection,            “Community-Based Domestic
   Washington, DC: Adminis-               Violence Services,” The Future of
   tration for Children and               Children: Domestic Violence and
   Families, Substance Abuse              Children, 9(1999): 97–110.
   and Mental Health Services

                                                                                                         NIJ Journal s no. 248, 2002
School Shootings
A Summary of a U.S. Secret Service Safe School Initiative Report

                                                                   Photo sources: AP Photo Archive, Rockdale Citizen, Ralph Wilson, and PhotoDisc
                                             editor’s note

          he 18-year-old honor               This article summarizes USSS Safe School Initiative: An Interim Report on the Prevention
          student brought guns and           of Targeted Violence in Schools (Washington, DC: U.S. Secret Service, National Threat
          a homemade bomb to                 Assessment Center, 2000). The summary is published with permission from NTAC.
  school. He set off the fire alarm
  and shot at the janitors and fire-         The full report, with expanded findings, is anticipated in early 2002. The research was
  fighters who responded. The boy            funded in part through NIJ grant number 00–MU–MU–A003.
  hung himself while awaiting trial.         For more information, visit the National Threat Assessment Center online at
  This story sounds as current as  
  today’s media headlines, but it
  happened in 1974. School shootings
  are not a new phenomenon.                in increased fear among students,           asked the agency to conduct a
  There is no one reason why               parents, and educators.                     similar operational study of school
  school shootings occur, and no                                                       shootings. (See “Editor’s Note,”
                                           The National Institute of Justice has
  one type of student who becomes                                                      above, and “The Study Specifics,”
                                           joined forces with the U.S. Secret
  a shooter.                                                                           page 13.)
                                           Service and the U.S. Department
  This article dispels the myths and       of Education to assess ways to pre-
  stereotypes about school shooters.       vent school shootings. The Secret           Study Implications
  Children who attack can be any           Service has a long tradition of
                                           protecting our Nation’s leaders             The findings clearly emphasize the
  age and from any ethnic group,
                                           by identifying, assessing, and man-         importance of paying attention and
  race, or family situation. Contrary
                                           aging persons who might pose a              listening to America’s young people.
  to assumptions that some of our
                                           threat of targeted violence.                More than a handful of adults—
  youth “just snap”—they don’t.
                                                                                       parents, teachers, school administra-
  They plan.                               Targeted violence is a term devel-          tors and counselors, coaches, and
  Most official statistics show a steady   oped by the Secret Service to refer         law enforcement—can make an
  decline in the rates of school vio-      to any incident of violence where           important contribution to and play
  lence. Reports from the U.S.             a known (or knowable) attacker              a key role in preventing violence
  Department of Education show             selects a particular target prior to        on school grounds.
  school to be one of the safest places    the act of violence. Because of the
                                           Secret Service’s expertise in the           Young people who need help often
  for our children.1 However, several
                                           study and prevention of targeted            do not keep it a secret. They may
  high-profile shootings in schools
                                           violence, the Secretary of Education        exhibit obvious warning signs either
  over the past decade have resulted
                                                                                       through behavior or remarks, such
                                                                                       as voicing problems or grievances,
                                                                                       complaining about persecution or
                                                                                       bullying, or showing signs of depres-
                                                                                       sion or desperation.
     Reports from the U.S. Department of
                                                                                       The Secret Service found that when
Education show school to be one of the safest                                          young people plan targeted violence
                                                                                       they often tell at least one person
                                                                                       about their plans, give out specifics
  places for our children. However, several                                            before the event takes place, and
                                                                                       obtain weapons they need—usually
high-profile shootings in schools over the past                                        from their own home or a relative’s
decade have resulted in increased fear among                                           An important effort in prevention
                                                                                       may be to ensure that young people
        students, parents, and educators.                                              have opportunities to talk and con-
                                                                                       nect with caring adults.

                                                                                                                     NIJ Journal s no. 248, 2002
               What We Know

               Attackers Talk About                                             It is important that threat assessment
               Their Plans

               Prior to most incidents, the attacker                    inquiries involve efforts to gather information
               told someone about his idea or
               plan. In more than three-fourths                                  from anyone who may have contact
               of the cases examined in the Safe
               School Initiative, the attacker told a                          with the student in question. It also is
               friend, schoolmate, or sibling
               about his idea for a possible attack
               before taking action. In one case,                            important to decrease barriers that may
               an attacker made comments to at
               least 24 friends and classmates about                          prevent students who have information
               his interest in killing other students,
               building bombs, or carrying out                                from coming forward. In addition, both
               an attack at the school. Some of
               the conversations were long enough                        schools and investigators need a thoughtful,
               that peers conveyed detailed infor-
               mation about the plans, including
               the date it would happen.                                           effective system for handling and
               However, the study identified a                                        analyzing any information that
               major barrier to the prevention of
               targeted school violence. In nearly
               all of the cases, the person who was                                                  is provided.
               told about the impending incident
               was a peer, and rarely did anyone
               bring the information to an adult’s
               attention. It is important, therefore,         involve adults attending to concerns      Because information about intent
               that threat assessment inquiries               when someone poses a threat rather        and planning was potentially know-
               involve efforts to gather information          than waiting for a direct threat.         able before the incident, the findings
               from anyone who may have contact                                                         suggest some violent events may be
               with the student in question. It also          Attackers Make Plans                      preventable. Quick efforts to inquire
               is important to decrease barriers                                                        and intervene are extremely impor-
                                                              Incidents of targeted violence at
               that may prevent students who                                                            tant because the time span may be
                                                              school are rarely impulsive. In
               have information from coming                                                             short between the attacker’s decision
                                                              almost all incidents, the attacker
               forward. In addition, both schools                                                       to attack and the actual incident.
                                                              developed the idea to harm the
               and investigators need a thoughtful,                                                     An inquiry should include investiga-
                                                              target before the attack. In many
               effective system for handling and                                                        tion of, and attention to, grievances
                                                              cases, the attacker formulated the
               analyzing any information that is                                                        and bad feelings a student may
                                                              idea for the attack at least 2 weeks
               provided.                                                                                be experiencing about school or
                                                              in advance and planned out the
                                                                                                        potential targets.
               Although some attackers did make               incident. Targeted violence is
               threats, most did not threaten their           typically the end result of an under-
                                                                                                        There Is No Stereotype
               target directly. The researchers               standable, often discernible, process
                                                                                                        or Profile
               indicate it is helpful to distinguish          of thinking and behavior. For
               between making a threat (telling               more than half of the attackers,          There is no accurate or useful profile
               people they intend to harm some-               the motive was revenge. In several        of “the school shooter.” The person-
               one) and posing a threat (engaging             cases, students made efforts to           ality and social characteristics of the
               in behaviors that indicate intent,             acquire firearms—often from their         shooters varied substantially. They
               planning, or preparation for an                own home—or bomb-making                   came from a variety of racial and
               attack). The study notes that plans            equipment, and solicited the              ethnic backgrounds and varied
               to prevent school violence should              assistance of friends to do so.           in age from 11 to 21 years. Family

     Preventing School Shootings: A Summary of a U.S. Secret Service Safe School Initiative Report
                                                                                                                       Photo source: PhotoDisc
situations ranged from intact fami-     Thus profiling is not effective for       identification, and the vast majority
lies to foster homes. Academic per-     identifying students who may pose a       of students who fit any given profile
formance ranged from excellent to       risk for targeted violence at school.     will not actually pose a risk. The use
failing. Few had been diagnosed         Knowing that an individual shares         of these stereotypes will fail to iden-
with any mental disorder prior to       characteristics, features, or traits      tify some students who do, in fact,
the incident, and less than one-third   with prior school shooters does not       pose a risk of violence, but who
had histories of drug or alcohol        advance the appraisal of risk. The        share few characteristics with prior
abuse.                                  use of profiles carries a risk of over-   attackers.
                                                                                  A fact-based approach may be
                                                                                  more productive in preventing
The Study Specifics                                                               school shootings than a trait-based
                                                                                  approach. This study indicates that
Since September 1999, the Nat-          the attacker developed the idea           an inquiry based on a student’s
ional Threat Assessment Center          to harm, selected the target(s),          behaviors and communications
(NTAC) has studied 37 school            planned the attack, and chose             will be more productive than
shootings involving 41 attackers.       to communicate an intent to               attempts to determine risk by
The attackers were current or recent    cause harm.                               attending to students’ characteristics
students at the school and chose                                                  or traits. The aim should be to
                                        Each case file also identified the
to attack the school for a particular                                             determine if the student appears
                                        motivation behind the attack, the
purpose, not simply as a site of                                                  to be planning or preparing for an
                                        method used to acquire weapons,
opportunity. The study excluded                                                   attack. If so, how far along are the
                                        and demographic and background
school shootings that were clearly                                                plans, and when or where would
                                        information about each attacker. In
related to gang or drug activity                                                  intervention be possible?
                                        addition, NTAC personnel conduct-
or to an interpersonal or relation-
                                        ed interviews with 10 of the attack-
ship dispute. All of the incidents                                                Attackers Had Easy
                                        ers. The interviews provided an
were committed by boys or young                                                   Access to Guns
                                        opportunity to hear the attacker’s
                                        perspective on his decision to            Most attackers had used guns
Researchers reviewed primary            engage in a school-based attack.          previously and had access to guns.
source materials for each incident,                                               In nearly two-thirds of the incidents,
                                        The results of the study overturn
including investigative, school,                                                  the attackers obtained the gun(s)
                                        stereotypes and suggest ways to
court, and mental health records.                                                 used in the attack from their own
                                        prevent shootings and other school
Information gathered about each                                                   home or that of a relative. In some
case included facts about how                                                     cases, the guns were gifts from the
                                                                                  students’ parents.

                                                                                                              NIJ Journal s no. 248, 2002
               While access to weapons among
               students may be common, when the
               idea of an attack exists, any effort to                           A significant problem in preventing
               acquire, prepare, or use a weapon
               may signal an attacker’s progression                             targeted violence is determining how
               from idea to action. A threat assess-
               ment inquiry should include investi-
               gation of weapon access and use                                   best to respond to students who are
               and attention to communication
               about weapons. The large number                             already known to be in trouble. This study
               of attackers who acquired their
               guns from home highlights the                                      indicates the importance of giving
               need to consider issues of safe
               gun storage.
                                                                                attention to students who are having
               School Staff Are Often First
               Responders                                                      difficulty coping with major losses or
               Most shooting incidents were
               not resolved by law enforcement                                  perceived failures, particularly when
               intervention. More than half of the
               attacks ended before law enforce-                                         feelings of desperation and
               ment responded to the scene—
               despite law enforcement’s often
               prompt response. In these cases,
                                                                                         hopelessness are involved.
               faculty or fellow students stopped
               the attacker, or the attacker either
               stopped shooting on his own or
                                                              persuade others to leave him alone.     ence that a student’s friends or peers
               committed suicide. Many of the
                                                              Several days later, he did just that.   may have on intent, planning, and
               incidents lasted 20 minutes or less.
                                                              The attacker schemed to shoot fel-      preparations.
               Schools can make the best use of               low students in the lobby of his
               their resources by working with                school at a specific time in the        Bullying Can Be a Factor
               law enforcement on prevention                  morning. On the morning of the
                                                                                                      In a number of cases, bullying
               efforts as well as critical incident           attack, he asked three others to meet
                                                                                                      played a key role in the decision to
               response plans.                                him in the mezzanine overlooking
                                                                                                      attack. A number of attackers had
                                                              the lobby, where only a few students
                                                                                                      experienced bullying and harass-
               Attackers Are Encouraged                       could be found every morning. The
                                                                                                      ment that were longstanding and
               by Others                                      students told so many others that by
                                                                                                      severe. In those cases, the experience
                                                              the time the attacker opened fire in
               In many cases, other students were                                                     of bullying appeared to play a major
                                                              the lobby—killing 2 and injuring
               involved in some capacity. The                                                         role in motivating the attack at
                                                              2—a total of 24 students were in the
               attackers acted alone in at least                                                      school. Bullying was not a factor
                                                              mezzanine watching the attack. One
               two-thirds of the cases. However,                                                      in every case, and clearly not every
                                                              student brought a camera to record
               in almost half of the cases, friends                                                   child who is bullied in school will
                                                              the event.
               or fellow students influenced or                                                       pose a risk. However, in a number
               encouraged the attacker to act.                Advance knowledge among students        of cases, attackers described experi-
                                                              about the planned incidents contra-     ences of being bullied in terms that
               In one case, the student planned to
                                                              dicts the assumption that shooters      approached torment.
               bring a gun to school in an attempt
                                                              are “loners” and that they “just
               to appear tough to other students                                                      Attackers told of behaviors that, if
                                                              snap.” The research suggests that
               who had been harassing him. The                                                        they occurred in the workplace,
                                                              an inquiry should not only include
               attacker shared his plan with two                                                      would meet the legal definition of
                                                              efforts to gather information from
               friends who convinced him to actu-                                                     harassment. That bullying played a
                                                              a student’s friends and schoolmates,
               ally shoot students at the school to                                                   major role in a number of school
                                                              but also give attention to the influ-

     Preventing School Shootings: A Summary of a U.S. Secret Service Safe School Initiative Report
shootings should strongly support
ongoing efforts to combat bullying          For More Information
in American schools.
                                            s   M. Reddy, R. Borum, B. Vossekuil, R. Fein, J. Berglund, and W. Modzeleski, “Evaluating
Two recent cases not included in                Risk for Targeted Violence in Schools: Comparing Risk Assessment, Threat Assessment,
the Secret Service’s interim report
                                                and Other Approaches,” Psychology in the Schools 38(2)(2001): 157–171.
brought the issue of bullying to the
Nation’s attention. One boy experi-         s   R. Borum, “Assessing Violence Risk Among Youth,” Journal of Clinical Psychology
enced the torment of kids burning               56(2000): 1263–1288.
their cigarette lighters and then
pressing the hot metal against his          s   R. Borum, R. Fein, B. Vossekuil, and J. Berglund, “Threat Assessment: Defining an
neck. He was constantly picked on,              Approach for Evaluating Risk of Targeted Violence,” Behavioral Sciences & the Law
even by his friends. To stop the daily          17(1999): 323–337.
taunting, he opened fire on his class-
mates, killing two.2                        s   R.A. Fein and B. Vossekuil, Protective Intelligence and Threat Assessment Investigations:
                                                A Guide for State and Local Law Enforcement Officials, Washington, DC: U.S.
In the second case, a girl had been
the victim of such severe harassment            Department of Justice, 1997 (NCJ 167556).
that she frequently skipped school;         s   R.A. Fein, B. Vossekuil, and G.A. Holden, Threat Assessment: An Approach to Prevent
administrators threatened legal
                                                Targeted Violence, Research in Action, Washington, DC: U.S. Department of Justice,
action if she did not begin to attend
                                                National Institute of Justice, September 1995 (NCJ 155000).
school regularly. Students called her
names and threw stones at her as she
walked home. Increasingly con-
cerned, her parents transferred her       one case, a student wrote several               DC: National Center for
to a small parochial school. The teas-    poems for English class that involved           Education Statistics, April 2001.
ing continued. In an effort to stop       themes of homicide and suicide
the pain, the student planned to                                                      2. McCarthy, Terry, “Warning,”
                                          as possible solutions to feelings of
commit suicide in front of a class-                                                      Time, 157(11)(March 2001):
                                          hopelessness. School authorities
mate to whom she had revealed per-                                                       24–28.
                                          ultimately determined that his was
sonal information. Instead of killing     a family problem and did not inter-         3., “Sticks and
herself, she pointed the gun at her       vene. He later went to school and              Stones,” http://abcnews.go.
classmate and wounded her in the          killed two people. Many attackers              com/sections/2020/2020/
shoulder.3                                had a history of feeling extremely             010412_shooter.html. Retrieved
                                          depressed or desperate.                        from the World Wide Web on
Warning Signs Are Common
                                                                                         December 17, 2001.
                                          A significant problem in preventing
Most attackers engaged in some            targeted violence is determining how
behavior prior to the incident that       best to respond to students who are
caused concern or indicated a need        already known to be in trouble. This
for help. In more than half of the        study indicates the importance of
cases, the attacker’s behavior caught     giving attention to students who are
the attention of more than one            having difficulty coping with major
person. Behaviors that led others         losses or perceived failures, particu-
(e.g., school officials, police, fellow   larly when feelings of desperation
students) to be concerned included        and hopelessness are involved.
those related to the attack, such
as efforts to obtain a gun. But they                              NCJ 190633
also included behaviors not clearly
related to the attack. More than          Notes
three-fourths of the attackers
threatened to kill themselves, made       1. Snyder, Thomas, and Charlene
suicidal gestures, or tried to kill          Hoffman, Digest of Education
themselves before their attacks. In          Statistics, 2000, Washington,

                                                                                                                  NIJ Journal s no. 248, 2002
      Tired Cops:
      The Prevalence and
      Potential Consequences
      of Police Fatigue
      by Bryan Vila and Dennis Jay Kenney

                                                                               Photo source: The Muskegon Chronicle

     Tired Cops: The Prevalence and Potential Consequences of Police Fatigue
                                                     about the authors
                Michigan police officer

      A         working nearly 24 hours
                straight crashes his cruiser
      while chasing a fleeing motorist. He
                                                     Bryan Vila is an associate professor at the Department of Criminal Justice, University
                                                     of Wyoming, and senior research fellow with PolicyLab, a Washington, DC, think tank
                                                     specializing in criminal justice policy issues. Dennis Jay Kenney is a criminal justice
                                                     professor at John Jay College of Criminal Justice. Together, they conducted the study
      is critically injured. In California, a        that formed an important part of Vila’s book, Tired Cops: The Importance of Managing
      sheriff ’s deputy working alone drifts         Police Fatigue, published last year by the Police Executive Research Forum. This study
      off a deserted highway and is killed           is based in part on work conducted under NIJ grant 96–IJ–CX–0046. Bryan Vila can
      instantly when his patrol car crashes          be reached at 307–766–2177 or
      into a tree. An officer in Florida,
      who has had trouble staying awake,
      runs a red light in her patrol car and      news stories about tired cops that          terrible work schedules, high stress,
      crashes into a van driven by a deputy       come in from around the Nation              and overwhelming fatigue. But the
      sheriff, injuring him severely. A           with distressing regularity.                Commission had no way of deter-
      police officer driving home from                                                        mining whether or not the witness-
                                                  Accounts of tragedies associated
      work in Ohio nods off at the wheel,                                                     es’ experiences were representative of
                                                  with police fatigue are not new. The
      begins swerving in and out of traffic,                                                  police officers in general because of
                                                  National Commission on Sleep
      and runs off the road, striking and                                                     a lack of scientific data documenting
                                                  Disorders Research heard testimony
      killing a man jogging down the side-                                                    the prevalence of police fatigue.
                                                  in 1991 from officers who described
      walk. These are just a few of the                                                       Now, data are available from the first
                                                                                              comprehensive research on the
                                                                                              topic—and the news is not good.
                                                                                              (See “About the Tired Cops Study.”)
About the Tired Cops Study
                                                                                              Weary from overtime assignments,
Beginning in 1996, the authors con-          To obtain an objective measure of                shift work, night school, endless
ducted studies in four mid-sized             the level of fatigue at the start of each
                                                                                              hours spent waiting to testify, and
                                                                                              the emotional and physical demands
municipal law enforcement agencies           day’s shift, the authors used a comput-
                                                                                              of the job—not to mention trying to
located in different parts of the United     erized device called the FITTM Workplace
                                                                                              patch together a family and social
States. The agencies were representa-        Safety Screener. With this tool, the
                                                                                              life during irregular breaks of off-
tive in terms of staffing levels, work-      researchers could test the officers’
                                                                                              duty time—police officers fend off
shift arrangements, calls-for-service,       involuntary pupil responses and the
                                                                                              fatigue with coffee and hard-bitten
and other potentially relevant variables.    speed of voluntary eye movements.
                                                                                              humor. The authors of the study
The National Institute of Justice funded     Both measurements are sensitive to               spoke to hundreds of officers, super-
the research, and staff from the Police      the performance and risk factors asso-           visors, and managers, most of whom
Executive Research Forum conducted           ciated with excessive sleepiness and             reported personal experiences with
the study. The goals were to identify        are almost impossible for subjects               fatigue, exhaustion, and extreme
effective strategies for measuring           to falsify.                                      drowsiness.
fatigue among police officers and to
better understand the prevalence of          The authors also surveyed the officers
fatigue among field police officers.         using the Pittsburgh Sleep Quality               What’s Causing
The authors also wanted to identify          Index, a well-validated questionnaire            Police Fatigue?
the causes of fatigue in the police          that clinicians use to diagnose sleep
                                             disorders. The officers answered ques-           The work hours in many professions
environment and begin to evaluate                                                             (for example, airline pilots and truck
the impact of fatigue on officer perfor-     tions about how they perceived their
                                                                                              drivers) are standardized and regu-
mance, health, and safety.                   own level of fatigue and that of their
                                                                                              lated. No such structure exists for
                                             peers. They also responded to ques-
                                                                                              police officers. There are scattered
With the help of executives, supervi-        tions about how much of their fatigue
                                                                                              reports of officers working stupen-
sors, and officers, the researchers col-     should be attributed to their jobs and
                                                                                              dous amounts of overtime or extra-
lected information about the number of       how they thought fatigue affected their
                                                                                              duty details. The Boston Globe’s
hours worked by individual officers, the     job performance and family life.
                                                                                              detailed review of timekeeping
regularity of their work hours, and relat-
                                                                                              records for one police agency found
ed accident and on-the-job injury data.                                                       16 officers who each averaged more

                                                                                                                           NIJ Journal s no. 248, 2002
               than 80 total work hours per week
               (including regular and overtime
               hours) during a 12-month period.
               Two officers averaged more than 100                              To summarize, the research still is a
               hours per week. And another officer
               once worked 130 hours in a single                               long way from fully explaining the role
               week—averaging less than 6 hours
               off each day. A few officers in both
               Florida and Massachusetts jurisdic-
                                                                           fatigue plays in police officer accidents,
               tions reportedly work overtime or
               moonlight as many as 3,000 hours                           injuries, and citizen complaints—but the
               per year in addition to their regular
               work shifts.1                                              limited data available suggest that fatigue
               A series of surveys conducted in
               1999 with police chiefs and supervi-                        contributes to these problems. Prudence
               sors supports the idea that overtime
               work contributes greatly to police                              suggests that we take concrete steps to
               fatigue.2 The results, compiled from
               more than 60 jurisdictions in the
               United States, reveal that at least a                   manage police fatigue and better understand
               few officers in most departments
               work substantial amounts of over-                                   its causes and circumstances.
               time and that more than half of
               the officers in many departments
               moonlight. Among 49 respondents
               from the largest of the surveys, the
               authors found that, on average,               ing special circumstances, such as         sized that such shifts were less
               patrol officers worked a reasonable           crowd control, parades, or missing         fatiguing.4
               17.5 hours of overtime per month.             children.
                                                                                                        Shift assignment policies: People
               In all, about a third of the depart-
               ments reported that their officers                                                       are less able to cope with fatigue
               work 20 or more hours of overtime             Other Possible                             and sleep disruption as they age.5
               per month. At the high end, one               Causes and                                 Thus, the way in which departments
                                                                                                        assign people to their shifts tends
               department reported that its officers         Correlates of                              to affect older and experienced
               worked an average of 100 overtime             Fatigue
               hours per month, and two reported                                                        officers more. Age and experience
               an average of 40 overtime hours               Specific causes and effects are diffi-     explained a substantial amount
               per month. However, none of these             cult to establish for something as         of the fatigue reported by night-shift
               findings tell how evenly the overtime         complex as fatigue. But when the           officers in departments that made
               was distributed. Experience suggests          findings from the Tired Cops study         shift assignments based on depart-
               that overtime seldom is evenly                are combined with what is known            ment needs alone. The reverse was
               distributed—some officers work                from the research on sleep and             true in departments where prefer-
               extreme amounts of overtime while             fatigue in general, the following          ence in shift assignment was based
               others work little or none.                   causes and correlates take shape:          on seniority. In brief, older officers
                                                                                                        who could select their own shift
               On average, officers attributed 35            Shift length: In the two depart-           tended to be less fatigued.
               percent of the overtime they worked           ments that used compressed shifts,
                                                             officers appeared to have significant-     Personal circumstances: No rela-
               to off-duty court appearances; 20
               percent to making late arrests or             ly fewer sleep problems and reported       tionship was found between marital
               writing reports; 11 percent to taking         significantly less fatigue at the begin-   status and fatigue, although many of
               extra shift assignments to fill in for        ning of their work shifts.3 Officers       the officers who were surveyed listed
               someone who was sick, on vacation,            who worked 10- and 12-hour shifts          having young children at home as a
               or disabled; and 9 percent to cover-          for fewer days repeatedly empha-           major source of fatigue and sleep

     Tired Cops: The Prevalence and Potential Consequences of Police Fatigue
   Federal Support to Identify and Reduce Stress
   In 1994, the U.S. Congress autho-        Law Enforcement Family Support           The subsequently developed ser-
   rized the Law Enforcement Family         (CLEFS).                                 vices and studies have included
   Support (LEFS) program to assist                                                  critical incident stress debriefing
                                            To date, NIJ has awarded 34 grants,
   in reducing the harmful effects of                                                and management techniques,
                                            totaling more than $3 million,
   stress experienced by law enforce-                                                peer support services, police
                                            that meet the objectives of CLEFS.
   ment officers and their families.                                                 organizational change and well-
                                            These awards have focused on
   The National Institute of Justice                                                 being, stress management training
                                            expanding knowledge about the
   was given administrative responsi-                                                methods, police psychological
                                            development, implementation,
   bility for the program. After the                                                 services referral networks, police
                                            and coordination of services;
   Department of Justice Office of                                                   chaplaincy services, rookie stress
                                            the feasibility and efficacy of
   General Counsel clarified the term                                                counseling, and spouse academies.
                                            specific program elements and
   “law enforcement personnel” to
                                            approaches; and the causes,              For more information about NIJ’s
   include correctional, probation,
                                            consequences, and nature of              CLEFS program, visit http://www.
   and parole officers, the program
                                            officer and family stress.     
   was renamed Corrections and

disruption. Although women offi-           (i.e., whose regular work schedules        What Can Be Done
cers tended to show poorer quality         were disrupted less often by over-
sleep on standard scientific measures      time or extra shift assignments)           Although there is still much to learn
than men, few women reported feel-         reported significantly more tiredness      about police fatigue, enough is
ing tired at the start of their shifts.6   at the beginning of their work shifts      known to begin developing policies
                                           and significantly poorer quality           and programs to address these criti-
Commuting: Longer commutes                                                            cal issues safely and constructively.
                                           sleep. One possible interpretation of
are significantly related to more self-                                               At a minimum, the existing research
                                           this finding could be that the officers
reported fatigue and to lower quality                                                 suggests four steps every police
                                           who were having problems with
sleep for day-shift officers, but not                                                 agency can take to assess the extent
                                           fatigue were actually avoiding or
for officers on other shifts. The                                                     to which fatigue puts its officers and
                                           minimizing overtime work—
authors theorize that this is because                                                 the community they serve at risk:
                                           perhaps by making fewer arrests or
day-shift commuters encounter
                                           court appearances. It also is possible     s   Review the policies, procedures,
more traffic. Overall, there was a
                                           that these officers had outside jobs,          and practices that affect shift
moderately strong, positive correla-
                                           child-care responsibilities, or other          scheduling and rotation, over-
tion between commuting distance
                                           external demands on their time that            time, moonlighting, the number
and fatigue-related impairment, as
                                           encouraged them to keep regular                of consecutive work hours
measured by a computerized eye
                                           hours, yet also promoted fatigue.              allowed, and the way in which
movement/pupil response test that
is nearly impossible to falsify.7 This     To summarize, the research still               the department deals with overly
finding was consistent for evening         is a long way from fully explaining            tired employees.
shift officers in all departments and      the role fatigue plays in police           s   Assess how much of a voice offi-
among officers in the department           officer accidents, injuries, and               cers are given in work-hour and
located in an area with some of the        citizen complaints—but the limited             shift-scheduling decisions. The
worst traffic in the United States.        data available suggest that fatigue            number of hours officers work
                                           contributes to these problems.                 and the time of day they are
Work-hour regularity: The study
                                           Prudence suggests that we take                 assigned to work affect their per-
revealed one finding that is counter
                                           concrete steps to manage police                sonal, social, family, and profes-
to research on the fatigue-inducing
                                           fatigue and better understand its              sional lives. Excluding officers
effects of schedule disruption:
                                           causes and circumstances.                      from decisions affecting this
Officers with regular work hours

                                                                                                                 NIJ Journal s no. 248, 2002
                   arena increases stress, which in
                   turn reduces their ability to deal
                   with fatigue and tends to dimin-
                   ish their job performance and                               “It is totally reprehensible that the cops
                   ability to deal with stress.
               s   Assess the level of fatigue officers                   we expect to protect us, come to our aid,
                   experience, the quality of their
                   sleep, and how tired they are                         and respond to our needs when victimized
                   while on the job as well as their
                   attitudes toward fatigue and
                   work-hour issues.                                            should be allowed to have the worst
               s   Review recruit and in-service
                   training programs to determine
                                                                                 fatigue and sleep conditions of any
                   if officers are receiving adequate
                   information about the impor-                                       profession in our society.”
                   tance of good sleep habits, the
                   hazards associated with fatigue
                   and shift work, and strategies for                                                       William C. Dement, M.D., Ph.D.
                   managing them. Are officers
                   taught to view fatigue as a safety
                   issue? Are they trained to recog-
                   nize drowsiness as a factor in            Researchers and police managers           Notes
                   vehicle crashes?                          need to work together to minimize
                                                             the threat fatigue poses to our com-      1. A 40-hour per week job with a
               If this review and assessment uncov-
                                                             munities and to our officers.                4-week vacation totals 1,920
               er problems, the agency should
                                                                                                          work hours per year.
               develop fatigue or alertness manage-          Distinguished sleep researcher
               ment policies and programs and                William C. Dement9 summed up the          2. The largest of these surveys was
               implement them.8                              problem this way:                            conducted through the Police
                                                                                                          Executive Research Forum
               Police fatigue presents managers                 Police work is the one profession         (PERF) with Lorie Fridell,
               with a unique set of thorny prob-                in which we would want all prac-          PERF’s Director of Research.
               lems. It also provides an excellent              titioners to have adequate and            These surveys were not part of
               example of the importance of part-               healthful sleep to perform their          the Tired Cops study.
               nerships between practitioners and               duties at peak alertness levels.
               researchers. Involving qualified                 Not only is fatigue associated         3. A compressed shift compresses
               researchers in policy analysis and               with individual misery, but it can        the traditional 40-hour work
               program evaluation can help depart-              also lead to counterproductive            week into fewer than 5 days.
               ments develop the best practices                 behavior. It is well known that        4. In this study, the authors
               possible. It also may help limit civil           impulsiveness, aggression, irri-          couldn’t test how officers on
               liability associated with fatigue-               tability, and angry outbursts are         compressed shifts compared
               related accidents, injuries, and mis-            associated with sleep deprivation.        with those on regular 8-hour
               conduct by providing evidence that               It is totally reprehensible that the      shifts within the same agency.
               a department has conscientiously                 cops we expect to protect us,             Thus, it is not known if it was
               attempted to ensure that its officers            come to our aid, and respond to           compressed shifts that caused
               are not impaired by fatigue.                     our needs when victimized                 less fatigue or some other factors
                                                                should be allowed to have the             associated with the departments
               Looking Forward                                  worst fatigue and sleep condi-            themselves.
                                                                tions of any profession in our
               Fatigue is a serious, challenging                society.10                             5. This is consistent with a substan-
               problem—the kind of problem that                                                           tial body of research indicating
               requires creative leadership.                                         NCJ 190634           that adults have more difficulty

     Tired Cops: The Prevalence and Potential Consequences of Police Fatigue
    adjusting to the challenges of
    shift work as they age.               For More Information
6. The Tired Cops study adminis-          Books and Articles
   tered to 298 officers the
   Pittsburgh Sleep Quality Index, a      s   William C. Dement and Christopher Vaughn, The Promise of Sleep: A Pioneer
   well-validated questionnaire that          in Sleep Medicine Explores the Vital Connection Between Health, Happiness, and
   clinicians use to diagnose sleep           a Good Night’s Sleep, New York: Delacorte Press, 1999.
                                          s   Bernard K. Melekian, “Alternative Work Schedules and the 12-Hour Shift,” Subject
7. The FIT™ Workplace Safety                  to Debate 13(1999): 1–3.
   Screener was used to test officers’
                                          s   Mark R. Rosekind et al. “Managing Fatigue in Operational Settings 1: Physiological
   involuntary pupil responses and
   the speed of voluntary eye move-           Considerations and Countermeasures,” Behavioral Medicine 21(1996): 157–165.
   ments. Both of these measure-          s   Mark R. Rosekind et al. “Managing Fatigue in Operational Settings 2: An Integrated
   ments are sensitive to the                 Approach,” Behavioral Medicine 21(1996): 166–170.
   performance and risk factors
   associated with excessive sleepi-      s   Bryan Vila, Tired Cops: The Importance of Managing Police Fatigue, Washington, DC:
   ness and are almost impossible             Police Executive Research Forum, 2000.
   for subjects to falsify.
8. Many of the resources listed in        Web Sites
   the “For More Information” sec-        s   Alertness Solutions,
   tion of this article will be helpful
   in this regard. Tired Cops: The        s   NASA Ames Research Center Fatigue Countermeasures Group,
   Importance of Managing Police    
   Fatigue provides a step-by-step        s   National Sleep Foundation,
   plan for developing fatigue and
   alertness policies and programs.       s   PMI, Inc., Fitness-for-Duty Impairment Screener (FIT),

9. William C. Dement, M.D., Ph.D.,        s   Police Executive Research Forum,
   is the Founder and Director of
                                          s   University of North Carolina Highway Safety Research Center,
   the Stanford University Sleep
   Research Center. He served as
   Chairman of the National
   Commission on Sleep Disorders
   Research in 1991.
10. Vila, Bryan, Tired Cops: The
    Importance of Managing Police
    Fatigue, Washington, DC: Police
    Executive Research Forum,
    2000: xiv.

                                                                                                              NIJ Journal s no. 248, 2002
 Trust and
in Criminal
                             Photo source: Kenny Blackbird and PhotoDisc

    by Lawrence W. Sherman
                                                              about the author
                  riminal justice in America

                                                              Lawrence W. Sherman is the Albert M. Greenfield Professor of Human Relations and
                  today is a paradox of                       Director of the Jerry Lee Center of Criminology at the University of Pennsylvania. Contact
                  progress: While the fairness                him at 3814 Walnut Street, Philadelphia, PA 19104, 215–898–9216,
          and effectiveness of criminal justice
          have improved, public trust and
          confidence apparently have not.
                                                          system, public schools, television          between whites and blacks about
          Criminal justice is far less corrupt,           news, newspapers, big business,             the individual components of
          brutal, and racially unfair than it             and organized labor.1                       the criminal justice system and
          has been in the past. It is arguably                                                        especially the police. Whites express
                                                          The most striking finding in the
          more effective at preventing crime.                                                         considerably more confidence in
                                                          Gallup poll is the difference between
          It has far greater diversity in its                                                         the police, local court system,
                                                          the low evaluation of “criminal
          staffing. Yet these objectively defined                                                     and State prison system than
                                                          justice” and the high evaluation
          improvements seem to have had                                                               blacks (see exhibit 1).
                                                          given to the police and the Supreme
          little impact on American attitudes
                                                          Court. Other sources of data show           Race, Victimization, and
          toward criminal justice.
                                                          similar attitudes: Confidence in            Punishment. Racial differences
          Understanding this paradox—                     local courts and prisons is far             also appear in rates of victimization
          better work but low marks—                      lower than it is for the police.2           and punishment: Blacks are 31 per-
          is central to improving public                  These large differences suggest             cent more likely to be victimized
          trust and confidence in the                     that Americans may not think                by personal crime than whites and
          criminal justice system.                        of police in the same way as they           twice as likely as whites to suffer a
                                                          do the criminal justice system.             completed violent crime.3
          How Low Is Public                                                                           Young black males are historically
          Confidence?                                     The Racial Divide                           10 times more likely to be murdered
                                                                                                      than white males.4
          Gallup polls over the last few                  A 1998 Gallup poll reports little
          years have consistently found                   overall demographic difference              Arrest rates for robbery are five
          that Americans have less confi-                 among the respondents saying                times higher for blacks than for
          dence in the criminal justice                   they had confidence in the criminal         whites; four times higher for murder
          system than in other institutions,              justice system. But what is most            and rape; and three times higher
          such as banking, the medical                    clear is the difference in opinion          for drug violations and weapons
                                                                                                      Blacks are eight times more likely
   Exhibit 1: Confidence Ratings for                                                                  to be in a State or Federal prison
   Criminal Justice System Agencies, by Race                                                          than non-Hispanic whites (and
                                                                                                      three times more likely than
               70                                                                                     Hispanic whites). Almost 2 percent
                     61%                                                                              of the black population, or 1 of
                                                                                                      every 63 blacks, was in prison in
               50                                                                                     1996.6
                                                                      White             Black
 Percentage                                 40%                                                       Race and Neighborhood. What
               40                                    36%
   of adults                34%                                                                       these data fail to show, however,
who express    30                                                    26%                              is the extent to which the racial
 confidence                                                                          23% 25%
                                                                                                      differences in attitudes, victimiza-
               20                                           16%             15%                       tion, and punishment may be largely
               10                                                                                     related to more blacks being the
                                                                                                      residents of a small number of high-
                0                                                                                     crime, high-poverty areas concen-
                        Police    U.S. Supreme Local Courts           Prisons Criminal Justice        trated in a small fraction of urban
                                       Court                                      System              neighborhoods. This is the case
                    Source: The Gallup Organization, "Confidence in Institutions," retrieved from     even though Harvard University
                    the World Wide Web site, October 10, 2000.

                                                                                                                                   NIJ Journal s no. 248, 2002
               sociologist Orlando Patterson has
               estimated that only 1 in every 30
               black adults resides in these high-
               crime, high-poverty areas; the pro-
                                                                                The personal opinions of the
               portion is higher for children.
               What we may understand as a prob-
                                                                       survey respondents are consistent with
               lem of race in America may largely
               reflect conditions in those neighbor-                a major theory about the declining public
               hoods that are generalized by both
               blacks and whites to conditions of
               the larger society.
                                                                      confidence in all government—not just
               Due to limited national data, it is
               difficult to determine what precisely
                                                                     criminal justice—in all modern nations,
               drives the lower levels of confidence
               in criminal justice among blacks,                      not just the United States. The concerns
               but insights from city-by-city
               analysis suggest two conclusions:
                                                                       arise from the decline of hierarchy and
               s    There is no race-based
                    subculture of violence.
                    Blacks and whites who live in               the rise of equality in all walks of life. The rise
                    neighborhoods with similar
                    conditions have similar views                  in egalitarian culture increases the demand
                    on the legitimacy of law. To the
                    extent that race is associated
                    with attitudes toward law, it                      for government officials to show more
                    may be a reflection of the greater
                    likelihood that blacks reside in                                    respect to citizens.
                    poverty areas.
               s    There is no race-based
                    hostility to police in high-
                    crime areas. High levels of
                    dissatisfaction with police are
                                                         Strong Demands                           s   Victims are not informed
                                                         for Change                                   enough about the status of
                    endemic to high-crime areas.                                                      their cases.
                    Whites residing in such areas        The findings and responses from
                    express attitudes just as hostile                                             s   Victims are not able to talk to
                                                         a random digit-dialing telephone
                    as blacks toward police.7 The                                                     prosecutors enough.
                                                         survey of 4,000 residents of 10
                    distrust of police in high-crime     northeastern States in 1998 found        s   Victims should be able to tell
                    areas may be related to the          that more than 80 percent—four out           the court what impact the crime
                    prevalence of crime rather than      of five respondents—preferred the            had on them, but most victims
                    to police practice. If negative      idea of “totally revamping the way           do not get that chance.
                    attitudes are driven by police       the [criminal justice] system works”
                    practice, it may be because those                                             s   Offenders, even if jailed, should
                                                         for violent crime; 75 percent said the       reimburse victims for the cost
                    practices fail to prevent crime      same for all crime.8 The responses
                    rather than because police pres-                                                  of the crime.
                                                         varied little from State to State or
                    ence or behavior is excessive.       from one demographic group to            s   Offenders should acknowledge
                    Or it may be that the practice       another. The majority of respon-             their responsibility for the crime.
                    of policing in such areas offers     dents believed that:                     s   Victims should have the
                    less recognition and dignity to
                                                         s   Victims are not accorded                 opportunity to meet with the
                    citizen consumers than is found
                                                             sufficient rights in the criminal        offender to find out why the
                    in lower crime areas.
                                                             justice process.                         crime occurred and to learn

     Trust and Confidence in Criminal Justice
    whether the offender accepted
s   Ordinary citizens, not courts,
    should set penalties for non-
    violent crimes.
s   Drug treatment should be
    used more widely for drug-
    using offenders.
The personal opinions of the
survey respondents are consistent
with a major theory about the
declining public confidence in
all government—not just criminal
justice—in all modern nations, not

                                                                                                                                   Photo source: PhotoDisc
just the United States. The concerns
arise from the decline of hierarchy
and the rise of equality in all walks
of life. The rise in egalitarian culture
increases the demand for govern-
ment officials to show more respect
to citizens.9

                                           Indeed, the consistently greater          of authority (although not hierarchy
Egalitarianism in                          support for police than for courts        of wealth)—of husbands over wives,
Modern Culture:                            may result from a perception of           doctors over patients, schoolteachers
Raised Expectations,                       police as egalitarian individualists      over students and parents, parents
Reduced Trust                              (the new cultural ideal) while judges     over children, and government
                                           are seen as bossy conformists (the        officials over citizens. This evolution
Americans’ trust in government has         outdated ideal).                          may have led to widespread prefer-
declined sharply in the last quarter                                                 ence for the recognition of individ-
century.10 A similar loss of trust has     The massive three-decade decline
                                                                                     ual dignity over the recognition of
been found in 18 other democracies.        of public trust in liberal democratic
                                                                                     communal authority.13
Citizens now expect higher levels of       governments suggests a deeper para-
recognition, respect, and status from      dox of success: As democracies            Thus, what Robert J. Sampson,
the government. Criminal justice           become more materially successful         Professor of Sociology, University of
serves as a flashpoint for this change     and better educated, the perceived        Chicago, and other scholars refer to
in citizen attitudes because so many       need for governance declines and          as “legal cynicism”— the extent to
Americans have contact with the            expectations of government for            which people feel that laws are not
criminal justice system and because        appropriate conduct increase.11 The       binding—is not the product of a
the hierarchical design of criminal        crisis of government legitimacy has       criminal subculture.14 It is a 400-
justice institutions juxtaposes so         thus been prompted less by declin-        year-old Christian political theology
starkly with the egalitarian demands       ing quality of government conduct         that has become globally accepted
of the public.                             than by increasing public dissatisfac-    across people of all religions in a
                                           tion with institutions in general,        more egalitarian and individualistic
As the spread of equality has com-         driven by what Ronald F. Inglehart,       modern culture.
bined with growing freedom from            Professor, University of Michigan,
want, political culture has shifted                                                  In such a world, people are less
                                           calls “postmaterialist values.”12
away from Puritan views of a                                                         likely to obey the law out of a sense
hierarchical communal democracy            Social changes taking place around        of communal obligation, and more
to Quaker views of a more egalitari-       the globe appear to be resulting          likely to obey laws they support
an individualistic democracy.              in challenges to the legitimacy of        through a personal sense of what
                                           virtually all forms of social hierarchy   is moral.

                                                                                                                 NIJ Journal s no. 248, 2002
               Trust and Recognition
               What changing culture may be                               Consensus thus appears to be a much
               creating is a world in which people
               trust laws but not legal institutions.
               This new world may be one in which
                                                                    better fit to the new political culture. Standing
               trust in criminal justice is no longer
               automatic; it must be earned every                      up when judges enter a room and obeying
               day, with each encounter between
               legal agents and citizens.                               orders barked out by police, for example,
               The research of Tom R. Tyler,
               Department of Psychology,                             are procedural forms that may imply officials
               New York University, shows that
               Americans—especially members                         are more important than citizens. Such forms
               of minority groups—are extremely
               sensitive to the respect they perceive
               and the procedures employed when                            may do more to undermine legal trust
               they come into contact with criminal
               justice.15 Tyler’s evidence suggests                            than to build respect for the law.
               that in building citizen trust in the
               legal system, it may matter less
               whether you receive the speeding
               ticket than whether the police officer       Tyler suggests that respectful           overly “bossy” and unnecessarily
               addresses you politely or rudely             treatment creates a stronger consen-     authoritarian.
               during the traffic stop. Similarly,          sus about what is moral and what
                                                                                                     Results of experiments in Canberra,
               sentencing guidelines that punish            the law must be. The consensus
                                                                                                     Australia, suggest that an egalitarian,
               possession of crack more harshly             model assumes more equality than
                                                                                                     consensual procedure of stakeholder
               than possession of powdered cocaine          the deference model on which our
                                                                                                     citizens deciding the sentence for a
               may discriminate against blacks. But         legal institutions were designed.17
                                                                                                     crime creates more legitimacy in the
               dissatisfaction may be greater with          Consensus thus appears to be a           eyes of both offenders and victims
               some police officers engaged in drug         much better fit to the new political     than the hierarchical, deferential
               enforcement who treat suspects and           culture. Standing up when judges         process of sentencing by a judge.18
               arrestees like people who are enemies        enter a room and obeying orders
               rather than like people who are equal                                                 The experiments compared tradi-
                                                            barked out by police, for example,       tional court sentencing of youthful
               fellow citizens.                             are procedural forms that may            violent and property offenders to an
               Tyler concludes that the procedural          imply officials are more important       alternative community justice con-
               justice perceived in treatment by            than citizens. Such forms may            ference making the same decisions.
               legal officials affects the level of trust   do more to undermine legal
               citizens have in government.16 That          trust than to build respect for          Offenders who were sent to con-
               level of trust, in turn, affects the         the law.                                 ferences were far less likely than
               pride we have in our government                                                       offenders who were sent to tradi-
               and the degree to which we feel we                                                    tional court to say that they were
               are respected by other members               Fitting Legal                            pushed around; disadvantaged by
               of our democracy—including the               Institutions to                          their age, income, or education;
                                                                                                     treated as if they were untrust-
               government.                                  the Culture: The                         worthy; or not listened to. They
               Tyler further concludes that the             Canberra Experiments                     also were more likely to report that
               odds of citizens reaching the conclu-        For all Americans, regardless of race,   their experience increased their
               sion that the law is morally right           the central cause of declining trust     respect for the justice system and
               are much higher when citizens feel           may be the misfit of hierarchical        the police, as well as their feeling
               that the law has given each of them          legal institutions in an egalitarian     that the crime they had committed
               adequate recognition and respect.            culture. In many ways, citizens may      was morally wrong.
               Rather than creating a willingness           experience the conduct of judges,        Victims also were far more satisfied
               to defer to the power of the law,            prosecutors, and police as being         with community justice conferences

     Trust and Confidence in Criminal Justice
than with court proceedings. Much          As exhibit 2 shows, the risk of repeat      officers on how to treat citizens
of this difference may be because          offending was 40 percent for offend-        respectfully, zealous monitoring
most victims of criminals sent to          ers who had a low perception of             of complaints, and followthrough
court were never informed of the           police procedural fairness, but only        with consequences for officers
offenders’ court appearances, either       25 percent for those who perceived          who received complaints.
before or after sentencing. The vic-       a high level of police fairness. The
                                                                                       In addition, the simple elimination
tims invited to community justice          estimate of offending risk took prior
                                                                                       of the precinct’s high desk and bar
conferences with offenders, in sharp       levels of violence into account;
                                                                                       in front of the desk in the reception
contrast, gained increased trust           hence the findings shown in exhibit
                                                                                       area helped the precinct present a
in police and justice, as well as          2 increase our confidence that
                                                                                       less hierarchical face to the commu-
decreased fear of and anger at the         how the police make an arrest may
                                                                                       nity. Research on the effects of
offender. (For more details, see           affect the crime rate (much of which
                                                                                       the strategy, conducted by the
“Alternative Community Justice             comes from repeat offending)—
                                                                                       Vera Institute of Justice, found
Conferences,” page 28.)                    through trust and confidence in
                                                                                       that citizens began to perceive the
                                           the criminal justice system.
                                                                                       police as responsive to community
Building Trust One                         Reducing Complaints Against                 concerns.21
Case at a Time                             Police. Other tests of the hypothesis
                                                                                       The second test of the procedural
                                           that trust in criminal justice comes
The Canberra experiments suggest                                                       equality theory comes from a com-
                                           from egalitarian procedures can be
the highly personal nature of citizen                                                  munity with a population of almost
                                           seen in actions that have been shown
trust in criminal justice. The per-                                                    one million; 55 percent of the
                                           to reduce complaints against police.
sonal legitimacy of legal agents                                                       population is African American.
may depend on a leveling of dis-           In the 42nd and 44th precincts
                                                                                       Complaints dropped in this depart-
tinctions in rank between citizen          in the Bronx, complaints reached
                                                                                       ment of 1,400 officers when a new
and official.                              a 10-year high in 1996. But after the
                                                                                       procedure for traffic stops was initi-
                                           precinct commanders instituted a
As Albert J. Reiss, Jr., Professor                                                     ated in 1997–99. The procedure,
                                           program to promote respectful
Emeritus, Sociology Department,                                                        called “Take Away Guns” (TAG),
                                           policing and improve police rela-
Yale University, observed, the legiti-                                                 was one part of a larger strategy to
                                           tions with community residents,
macy of police authority in the eyes                                                   reduce gun violence. One of the first
                                           complaints dropped dramatically.
of citizens varies widely from one                                                     steps the department took was to
                                           Among the elements of the new
situation to the next.19 Thus, officials                                               increase traffic enforcement—a
                                           program was vigorous training for
must earn the legitimacy of their                                                      400-some percent increase—so
authority one case at a time.
The most dramatic demonstration            Exhibit 2: Repeat Offending After Arrest for Domestic Violence
of this principle is the finding that      by Perceived Fairness of Arrest Process
how police make arrests for domestic
violence affects the rate of repeat                           50
offending. Raymond Paternoster,                                                                                          40%
Ph.D., University of Maryland, et al.                         40
demonstrated that offenders who               Percentage
were arrested for domestic violence          of arrestees 30                        25%
                                              who repeat
and who perceived that the police
                                           domestic abuse 20
officers’ arresting procedures were
fair were less likely to repeat the
offense than offenders who per-
ceived the arresting procedures as                             0
unfair.20 Actions that constituted                                                  Fair                                Unfair
“procedural justice” included the                                       Perceived fairness of police conduct during arrest process
police taking the time to listen to
both the offender and the victim,                                   Source: Paternoster, R., R. Brame, R. Bachman, and L.W. Sherman, "Do Fair
                                                                    Procedures Matter? The Effect of Procedural Justice on Spouse Assault,"
not handcuffing the offender in                                     Law & Society Review, 31(1997): 185.
front of the victim, and not using
physical force.

                                                                                                                    NIJ Journal s no. 248, 2002
                  Alternative Community Justice Conferences
                  In the Canberra experiments, the        the offender (possibly “I forgive         al court may take 10 minutes
                  police invite victims, offenders,       you”)?                                    spread across several different
                  and their respective supporters to                                                appearances, which have no
                                                          One of the most important parts
                  a meeting in which the offenders                                                  emotional significance for victim
                                                          of the proceedings is that everyone
                  must not—for these purposes—                                                      or offender, and thus leave citizens
                                                          is allowed to talk, just as in a
                  dispute their guilt. At the meetings,                                             feeling like cogs in a wheel. A
                                                          Quaker meeting, but no one person
                  everyone sits in a circle to discuss                                              community justice conference
                                                          dominates speech, as might
                  the harm the crime has caused,                                                    is about the people present rather
                                                          happen in a Calvinist church or
                  acknowledge the pain and emo-                                                     than the legal formalities. People
                                                          in an Anglo-American courtroom.
                  tional impact of that harm, and                                                   come only once, prepared to stay
                                                          Emotions can be intense at the
                  deliberate democratically as to                                                   until the case is resolved.
                                                          conferences—unlike the restraint
                  how the offenders should repair
                                                          valued by Puritan cultures and            Trust in Justice. Research
                  that harm.
                                                          Western courts.                           shows that sentences imposed
                  The egalitarian proceedings begin                                                 in the community justice confer-
                                                          No Lawyers. Lawyers are not
                  with the police officer moderating                                                ences and the traditional court
                                                          allowed to attend the conferences
                  the proceedings, offering only                                                    process were fairly similar despite
                                                          as legal advocates for either an
                  questions, not answers. For exam-                                                 the major differences in the
                                                          offender or the State, although
                  ple, what did the offender do?                                                    decisionmaking procedures
                                                          they may attend as personal
                  How did it hurt the victim? How                                                   employed.1 But the conferences
                                                          supporters. They are always on
                  does the victim feel about that                                                   produced far better results in
                                                          call, ready to act to protect anyone
                  hurt? How do the victim’s friends                                                 terms of citizen respect for legal
                                                          whose rights may seem abused.
                  and family feel? How do the offen-                                                institutions.
                                                          But as long as the victim-offender
                  der’s family and friends feel about
                                                          consensus is under discussion,            1. Sherman, L.W., H. Strang,
                  what has been said? What would
                                                          everyone in the circle has equal             and G.C. Barnes, “Stratification
                  be the right way for the offender to
                                                          authority, regardless of age or edu-         of Justice: Legitimacy of
                  repay the debt to the victim and to                                                  Hierarchical and Egalitarian
                  society? Does everyone agree? Is                                                     Sentencing Procedures,”
                  there anything the offender wants       Extra Time Required. A commu-                unpublished manuscript,
                  to say to the victim (sometimes the     nity justice conference takes,               Fels Center of Government,
                  offender says “I’m sorry”)? Is there    on average, about 70 minutes to              University of Pennsylvania,
                  anything the victim wants to say to     resolve. A similar case in tradition-

               that police had an opportunity to          praise from the drivers stopped              officials far more important to
               explain the program at each traffic        who approved of the efforts to               public trust and left officials out
               stop and distribute a letter from the      get guns off the street. Over the            of step with modern culture.
               district police captain explaining the     first 2 years of the program, both
                                                                                                       This explanation gains further
               program. The letter contained the          gun violence and citizen complaints
                                                                                                       support from scholarship on the
               captain’s phone number and invited         of excessive force by police dropped
                                                                                                       effect of television and other com-
               citizens to call the captain with          substantially.
                                                                                                       munications media on the nature of
               complaints or questions. Officers
                                                          In sum, a growing body of theory             authority and trust in government.
               were trained to be very polite in
                                                          and evidence suggests that it is             For despite Tyler’s focus on personal
               explaining the program to drivers
                                                          not the fairness or effectiveness            contacts with criminal justice, most
               and then asking permission to
                                                          of decisions criminal justice officials      citizens have little if any personal
               search the car for guns.
                                                          make that determines the public’s            contact with legal officials. For this
               The program not only received              level of trust. Changes in modern            majority of Americans, the level of
               a high rate of compliance with             culture have made the procedures             trust in criminal justice may depend
               the requests, but also received            and manners of criminal justice              on what they hear about criminal

     Trust and Confidence in Criminal Justice
                                                                                    through friends or through televi-
                                                                                    sion shows than from personal
    In sum, a growing body of theory and                                            experience with their own legal
                                                                                    system. The evidence is clear:
                                                                                    On a Wednesday night when
evidence suggests that it is not the fairness                                       police convene a neighborhood
                                                                                    meeting in a church basement,
    or effectiveness of decisions criminal                                          more local residents are home
                                                                                    watching television than attending
 justice officials make that determines the                                         the meeting.
                                                                                    We may well ask if there are any
 public’s level of trust. Changes in modern                                         celebrities of American criminal
                                                                                    justice, and if so, who they are—
   culture have made the procedures and                                             The Chief Justice of the Supreme
                                                                                    Court? The director of the FBI?
                                                                                    Probably not. These positions
manners of criminal justice officials far more                                      appear to fit Friedman’s characteris-
                                                                                    tics of traditional authority: stern,
important to public trust and left officials out                                    distant, and remote. Television’s
                                                                                    Judge Judy, on the other hand, is an
            of step with modern culture.                                            internationally recognized celebrity,
                                                                                    with far greater name-face recogni-
                                                                                    tion than the traditional authority
  justice encounters with other citi-       The horizontal society is [one in       Unfortunately, the entertainment
  zens, a little-studied area. But it       which] the men and women who get        values of the television business
  also may depend on how legal agen-        and hold power become celebrities”      conflict with the core values of
  cies are portrayed in entertainment       and the public come to know them,       legal institutions. What sells TV
  and news media.                           or think they know them, through        audiences is conflict and putdowns,
                                            the media. “By contrast,” Friedman      tools Judge Judy uses to portray
                                            writes, “traditional authority was      a rude, in-your-face (but perhaps
  Authority and                             vertical, and the higher up the         egalitarian), power-control image
  Media Celebrity                           authority, the more stern, distant,     of the bench. Audiences find this fun
  The future authority of the criminal      and remote it was.”22                   to watch, although Judge Judy may
  justice system may well depend on                                                 confirm their worst fears, leaving
                                            A celebrity culture creates still
  how the system appears not just to                                                them reluctant to have anything
                                            another paradox: Americans now
  those directly involved in the system,                                            to do with the legal system.
                                            feel more personal connections with
  but to all citizens. That, in turn, may   celebrities living far away than they   The difficulty in using celebrity
  depend heavily on how criminal            do with legal officials in their own    power to send messages about the
  justice manages its image in the          hometown. Just as many people felt      trustworthiness of criminal justice
  electronic media. Legal historian         more emotional loss at the death        is the clash of cultures between law
  Lawrence Friedman notes that mod-         of Princess Diana than at the death     and entertainment. The reticence
  ern culture has changed the very          of a neighbor, the celebrity culture    of the legal culture conflicts with
  nature of authority from vertical         makes us feel personal connections      the chattiness of celebrity culture.
  (where people look up to leaders          to people we do not know.
  in high position) to horizontal                                                   One can imagine a legal official
  (where people look in to the center       Thus, for all the programs designed     appearing weekly on a talk show
  of society to find leaders who are        to foster community policing or         with a huge audience, saying things
  celebrities, defined by the number        community prosecution with legal        that could help shore up public
  of people who recognize their names       officials in the neighborhood,          faith in criminal justice as an
  and faces). “Leaders are no longer        Americans still are more likely to      egalitarian and fair system. One
  distant, awesome, and unknown;            form their impressions of criminal      can equally imagine such a strategy
  they are familiar figures on TV….         justice from vicarious contact          being condemned by leaders of

                                                                                                               NIJ Journal s no. 248, 2002
               the American Bar Association,             prophecy, defining conduct for               Today they are formally forbid-
               conservative journalists, and other       legal officials and the public alike.        den to use any kind of force.
               defenders of traditional remoteness                                                    Their instructions are to explain,
                                                         The research on respect for authori-
               of authority.                                                                          to make people understand, to
                                                         ty suggests that street sanctioning
                                                                                                      convince them.25
               The kind of public education              styles interact with different kinds
               programs that legal culture would         of citizen personalities in ways that    It may be easier to change official
               approve of—such as tasteful PBS           produce the following differences        conduct in a dictatorship than in
               specials or public service announce-      in repeat offending:                     a democracy, but the power of
               ments on radio and television—                                                     electronic media may make the
                                                         s   Decent sanctioning of “decent”
               would seem unlikely to reach much                                                  dynamics totally different today.
                                                             people produces the lowest
               of the public, let alone those citizens                                            Electronic communications com-
                                                             repeat offending.
               most distrustful of the system.                                                    prise a highly democratized, free-
                                                         s   Street sanctioning of “decent”       market institution that cannot
                                                             people produces higher repeat        be manipulated easily for official
               Portraying Values                             offending.                           purposes. But the media can be a
               in the Media                              s   Decent sanctioning of “street”       venue in which celebrity power is
               The media often portray criminal              people may produce even higher       built and put to use in fostering sup-
               justice through a morality play               repeat offending.                    port for “decent” styles of criminal
               that explores themes of what                                                       justice, both in the image and the
                                                         s   Street sanctioning of “street”       reality of how criminal justice
               Elijah Anderson, Charles and                  people produces the highest
               William L. Day Professor, Sociology                                                works.
                                                             levels of repeat offending.24
               Department, University of
               Pennsylvania, calls “street” and          The research on respect for authori-
                                                         ty consistently suggests that when       The Domains
               “decent” values. Based on years
               of field research in high-crime           people in positions of authority         of Public Trust
               areas of Philadelphia, Anderson           impose “street” attitudes or sanc-       Three major domains appear to
               has observed people who exhibit           tions, the reaction is almost always     affect public trust and confidence
               “decent” values as patient, hopeful,      negative. It is more productive for      in criminal justice:
               respectful of authority, and with a       criminal justice officials to show
                                                         more respect to, and take more time      s   The conduct and practices of
               belief in the predictability of punish-
                                                         to listen to, citizens. To the extent        the criminal justice system.
               ment. Those who exhibit “street”
               values take on a bitter, impatient,       that this message is portrayed in        s   The changing values and expec-
               antisystem outlook that is disre-         entertainment media and identified           tations of the culture the system
               spectful of authority and demanding       with celebrity authority, the criminal       serves.
               of deference.23                           justice system might be able to
                                                                                                  s   The images of the system pre-
                                                         increase its public trust and confi-
               Television dramas that portray a                                                       sented in electronic media.
                                                         dence. Yet to the extent that “decent”
               hero’s impatience with red tape may       values are themselves communicated       Changes in each domain affect
               glorify the “street” enforcement of       in an illegitimate way, it will be       the others. Trust, as the product
               vengeance and personal respect.           difficult to foster a more “decent”      of all three combined, is likely to
               TV interviewers who ask officials         legal culture.                           increase only when changes in all
               provocative and insulting questions                                                three domains can be aligned to
               may reflect an effort to produce a        Half a century ago and half a world
                                                                                                  create practices and values that are
               “street” response.                        away, a French journalist observed
                                                                                                  perceived to be fair, inclusive, and
                                                         during a 2-month tour of China in
               The paradox of such media portray-                                                 trustworthy.
                                                         the early 1950’s that police had
               als is that the more frequently legal     become far more polite under             Discovering how that can be made
               officials are portrayed breaking the      Mao’s early communism:                   to happen is a daunting task. But the
               official rules out of distrust for                                                 data suggest that fairness builds trust
               “decent” government, the less reason          In the olden days the Peking
                                                                                                  in criminal justice, and trust builds
               the public has to believe the criminal        police were renowned for their
                                                                                                  compliance with law. Thus what is
               justice system will treat citizens            brutality, and pedestrians fre-
                                                                                                  fairer is more effective, and to be
               decently. By showing criminal justice         quently suffered at their hands,
                                                                                                  effective it is necessary to be fair.
               agents pursuing street values, the            smacks in the face being the least
               media may create a self-fulfilling            form of violence offered them.                               NCJ 189088

     Trust and Confidence in Criminal Justice
Notes                                   11. Fukuyama, The End of History,         21. A more complete description
                                            see note 9; Heclo, H., “The               of the Vera Institute of Justice
1. Retrieved from the World Wide            Sixties’ False Dawn: Awakenings,          study can be found in NIJ
   Web site,          Movements, and Postmodern                 Journal, July 2000, p. 24,
   October 10, 2000.                        Policymaking,” Journal of Policy
2. Maguire, K., and A. Pastore, eds.,       History, 8(1996): 50–58; Balogh,          jr000244f.pdf. The authors’
   Sourcebook of Criminal Justice           B., “Introduction,” Journal of            presentation of findings also
   Statistics, 1997, Washington,            Policy History, 8(1996): 25.              is available on videotape from
   DC: U.S. Department of Justice,                                                    NCJRS (NCJ 181106).
                                        12. Inglehart, R., “Postmaterialist
   Bureau of Justice Statistics, 1998       Values and the Erosion of             22. Friedman, L., The Horizontal
   (NCJ 171147).                            Institutional Authority,” in              Society, New Haven, CT: Yale
3. Maguire and Pastore, Source-             Why People Don’t Trust                    University Press, 1999: 14–15.
   book, 182, see note 2.                   Government, eds. J.S. Nye, Jr.,
                                                                                  23. Anderson, E., Crime and Justice,
                                            P.D. Zelikow, and D.C. King,
4. Reiss, A.J., Jr., and J. Roth,                                                     Chicago: Chicago University
                                            Cambridge, MA: Harvard
   Understanding and Preventing                                                       Press, 1999.
                                            University Press, 1997.
   Violence, Washington, DC:                                                      24. Just how much harmful impact
   National Academy of Sciences,        13. Baltzell, E.D., Puritan Boston
                                                                                      “street” conduct by agents of
   1993: 64 (NCJ 140290).                   and Quaker Philadelphia: Two
                                                                                      criminal justice can have has
                                            Protestant Ethics and the Spirit of
5. Hacker, A., Two Nations: Black                                                     been revealed by experimental
                                            Class Authority and Leadership,
   and White, Separate, Hostile, and                                                  and quasi-experimental research
                                            New York: Free Press, 1979.
   Unequal, New York: Free Press,                                                     on diverse situations using dif-
   1992: 181.                           14. Sampson and Bartusch, “Legal              ferent levels of analysis. See, for
                                            Cynicism and Subcultural                  example, Nisbett, R.E., and D.
6. Maguire and Pastore,                     Tolerance of Deviance,” see               Cohen, Culture of Honor: The
   Sourcebook, 494, see note 2.             note 7.                                   Psychology of Violence in the
7. Sampson, R., and D. Bartusch,                                                      South, Boulder, CO: Westview
                                        15. Tyler, T., Why People Obey
   “Legal Cynicism and Subcul-                                                        Press, 1996: 46–48; Raine, A., P.
                                            the Law, New Haven, CT: Yale
   tural Tolerance of Deviance:                                                       Brennan, and S.A. Mednick,
                                            University Press, 1990; Tyler, T.,
   The Neighborhood Context of                                                        “Birth Complications Combined
                                            “Trust and Democratic Gover-
   Racial Differences,” Law &                                                         With Early Maternal Rejection
                                            nance,” in Trust and Governance,
   Society Review, 32(4)(1999):                                                       at Age 1 Year Predispose to
                                            eds. V. Braithwaite and M. Levi,
   777–804.                                                                           Violent Crime at Age 18 Years,”
                                            New York: Russell Sage Founda-
                                                                                      Archives of General Psychiatry,
8. Boyle, J.M., Crime Issues in the         tion, 1998.
                                                                                      51(1994): 986; Greenberg, J.,
   Northeast: Statewide Surveys of      16. Tyler, “Trust and Democratic              “Employee Theft as a Reaction
   the Public and Crime Victims in          Governance,” see note 15.                 to Underpayment Inequity:
   Connecticut, Delaware, Maine,                                                      The Hidden Costs of Pay Cuts,”
   Massachusetts, Vermont, New          17. Baltzell, Puritan Boston, 369,
                                                                                      Journal of Applied Psychology,
   Hampshire, New Jersey, New               see note 13.
                                                                                      75(1990): 561–568; Makkai, T.,
   York, and Rhode Island, Silver       18. See details of the Reintegrative          and J. Braithwaite, “Reintegra-
   Spring, MD: Schulman, Ronca,             Shaming Experiments project at            tive Shaming and Compliance
   and Bucuvalas, Inc., 1999.                With Regulatory Standards,”
9. Fukuyama, F., The End of History         rise.                                     Criminology, 32(1994): 361–385.
   and the Last Man, New York:          19. Reiss and Roth, Understanding         25. de Segonzac, A., Visa for Peking,
   Free Press, 1992.                        and Preventing Violence, 2, 3, 59–        London: Heinemann, 1956.
10. Orren, G., “Fall From Grace:            65, see note 4.
    The Public’s Loss of Faith in the   20. Paternoster, R., R. Brame, R.
    Government,” in Why People              Bachman, and L.W. Sherman,
    Don’t Trust Government, eds. J.S.       “Do Fair Procedures Matter? The
    Nye, Jr., P.D. Zelikow, and D.C.        Effect of Procedural Justice on
    King, Cambridge, MA: Harvard            Spouse Assault,” Law & Society
    University Press, 1997: 83.             Review, 31(1997): 185.

                                                                                                              NIJ Journal s no. 248, 2002
               Recent Research Findings

               New Method for
               Monitoring Crack Use
               K. Jack Riley, Natalie T. Lu, et al.,
               “Monitoring the Crack Epidemic
               Through Urine Testing: Establishment
               of Routine Detection Methods,”
               Addiction Biology, (2001): 83–95.
               Today, a lab technician testing an
               arrestee’s urine sample for cocaine

                                                                                                                                         Photo source: PhotoDisc
               use would not be distinguishing
               between use of crack or powder
               cocaine. That may soon change.
               Staff of the National Institute
               of Justice and Pharm-Chem
               Laboratories (PCL) have recently
               reported new findings from a proj-
               ect to detect crack use through             matched the interviews to the urine      results of the tests on the cocaine-
               urinalysis. The study also involves         specimens using bar codes. Of the        positive samples indicate that 28
               comparing urine tests with users’           total 2,327 samples collected, 1,666     percent of the 2,327 study partici-
               self-reports.                               were from men and 661 from               pants had used crack. Prevalence
               Crack is considered by some to be a         women.                                   of crack was greater among women
               more dangerous drug than powder                                                      (31 percent) than among men (27
                                                           The urine samples that were found
               cocaine. In addition to being highly                                                 percent). The crack use rate found
                                                           to be positive for cocaine were tested
               addictive, crack is associated with a                                                through urine testing was substan-
                                                           further for two chemicals, anhydro-
               multitude of social, economic, and                                                   tially higher than the average rate of
                                                           ecgonine methyl ester (AEME)
               health problems. Crack addicts have                                                  15 percent (13 percent for men and
                                                           and ecgonidine (ECD), which are
               high rates of tuberculosis, HIV, and                                                 22 percent for women) obtained
                                                           byproducts of smoking cocaine
               other diseases. Seeing the potential                                                 through self-reports.
                                                           (i.e., crack, the smokable form of
               for greater social harm, Federal leg-       cocaine). When crack is smoked,          The findings reinforce earlier
               islators have set more severe punish-       the two chemicals are produced           research showing that crack use
               ment for crack use and trafficking          and inhaled and can subsequently         is common among arrestees and
               than for powder cocaine use and             be detected in the user’s urine. The     constitutes a significant proportion
               trafficking.                                presence of either AEME or ECD           of their cocaine use. The data also
               The researchers of the NIJ/PCL              in urine is an accurate indicator        support the hypothesis that arrestees
               study worked in conjunction                 of recent crack use.                     do not consistently provide accurate
               with NIJ’s Arrestee Drug Abuse                                                       self-reports.
                                                           Following the initial round of
               Monitoring (ADAM) program data              screening, researchers first con-        Although the methodology needs
               collection effort, which regularly          firmed the cocaine positives using       further refining before large-scale
               interviews and tests drug use among         GC/MS (gas chromatography/mass           testing can be implemented, the
               arrestees in cities across the United       spectometry) and then further tested     results are encouraging. The ability
               States. The study team obtained             the cocaine-positive urine specimens     to distinguish between use of crack
               anonymous urine samples from                for the two chemicals. AEME was          and powder cocaine will enable
               arrestees at six sites in the first quar-   found in 63 percent of the cocaine-      researchers to verify the accuracy of
               ter of 1999. At each site, researchers      positive samples; ECD was found          self-reports in specific populations
               interviewed participants and                in 74 percent of the samples. The        (e.g., juveniles) and to better analyze

     At-A-Glance: Recent Research Findings
                                                                                         programs that give police alterna-
                                                                                         tives to arrest and enable police to
                                                                                         directly refer mentally ill people
                                                                                         to community-based treatment
    The ability to distinguish between use of                                            programs. Prebooking diversion
                                                                                         programs often involve novel police
crack and powder cocaine will enable researchers                                         training practices and collaboration
                                                                                         with local consumer and family
     to verify the accuracy of self-reports in                                           groups.
                                                                                         Henry Steadman and colleagues
    specific populations (e.g., juveniles) and                                           examined the effectiveness of two
                                                                                         prebooking diversion programs:
     to better analyze drug use trends in the                                            the Community Service Officer
                                                                                         program in Birmingham, Alabama,
                                                                                         which uses inhouse mental health
    effort to better understand why treatment                                            specialists employed by the police
                                                                                         department to handle incidents, and
             fails and arrestees recidivate.                                             the Crisis Intervention Team (CIT)
                                                                                         in Memphis, Tennessee, which relies
                                                                                         on sworn officers with specialized
                                                                                         training in mental health issues. In
                                                                                         addition, the researchers looked at
                                                                                         a traditional mobile mental health
    drug use trends in the effort to bet-    people with mental illness as well
                                                                                         crisis response team in Knoxville,
    ter understand why treatment fails       as for use of excessive force in these
                                                                                         Tennessee, where the police depart-
    and arrestees recidivate. In addition,   situations. Some jurisdictions are
                                                                                         ment coordinates with crisis teams
    improved data could help programs        trying to improve how they handle
                                                                                         from community mental health
    such as ADAM track the spread of         mentally ill people by developing
                                                                                         organizations to handle incidents.
    crack in areas where the drug is not     innovative “prebooking” diversion
    well established.
    For more information, contact
    Natalie T. Lu, NIJ, 810 Seventh           How to Get At-A-Glance Materials
    Street N.W., Washington, DC 20531,
    202–616–5209,           Materials are available at:
                                               s   NIJ’s Web site at, or
    Responding to                              s                                              .
                                                   NCJRS,, 1–800–851–3420, P O. Box 6000, Rockville,
    Emergencies                                    MD 20849–6000.
    Involving People                           The summaries in this section are based on the following:
    with Mental Illness
                                               Research in Progress Seminars. At these seminars, scholars discuss their ongoing
    Henry J. Steadman et al., “Police
                                               research and preliminary findings with an audience of researchers and criminal justice
    Response to Emotionally Disturbed
                                               professionals. Sixty-minute VHS videotapes of the Research in Progress seminars
    Persons: Analyzing New Models of
                                               are available from the National Criminal Justice Reference Service (NCJRS) at
    Police Interactions With the Mental
                                               1–800–851–3420. Videotaped seminars are $19 ($24 in Canada and other countries).
    Health System,” Final report submit-
    ted to NIJ, grant number 96–IJ–            NIJ Final Reports. These final submissions from NIJ grantees typically are available
    CX–0082.                                   from NCJRS through interlibrary loan. In some cases, photocopies may be obtained
    Police have had mixed success              for a fee. For information about these reports and possible fees, contact NCJRS.
    responding to situations involving
                                               NIJ Publications. Some of the information here is summarized from recent NIJ
    people with mental illness. Poor
                                               publications, which are available from the NIJ Web site or by contacting NCJRS.
    police response has been blamed
                                               Refer to the documents’ accession (ACN) or NCJ numbers.
    for inappropriate incarceration of

                                                                                                                   NIJ Journal s no. 248, 2002
                 Less Lethal Options
                  In April 2000, a Seattle man with a        (CIT) training, with refresher       The group noted that although
                  mental illness was shot and killed         courses every 2 years. CIT           implementing its proposals would
                  by a police officer. The man was           officers have special training       help police deal more appropriately
                  brandishing a knife following a            for dealing with people with         with the mentally ill, long-term
                  shoplifting incident. The resulting        mental illness who are involved      policy solutions ultimately are
                  citizen outcry sparked both a com-         in police incidents. The program     needed.
                  munity working group and a police          is based on the successful
                                                                                                  The police task force made similar
                  task force to examine the use of           model used in Memphis,
                                                                                                  recommendations for additional
                  less lethal weapons.                       Tennessee.
                                                                                                  CIT’s and less lethal weapons
                  The Less Lethal Options Com-           s Provide all sergeants and              training. Full adoption of its
                  munity Workgroup, which was                lieutenants with 40 hours            recommendations (budgeted
                  composed of representatives of             of CIT training.                     at $350,000 for the 2001–02
                  neighborhood and minority adviso-      s Train officers in use of less          budget) would ensure that about
                  ry councils, recommended that the          lethal weapons (tasers and           50 percent of the police force
                  Seattle Police Department take the         bean bags) either prior to or        had some form of less lethal
                  following steps:                           at the time of issuance of           weapon or intervention option
                                                             the weapons, with annual             within a year of implementation.
                  s Provide all patrol officers with
                      8-hour Crisis Intervention Team        requalification.

               Findings                                  with a no refusal policy. In addition,    justice, mental health, and advocacy
                                                         fellow officers know that they can        communities as a way of significant-
               The findings suggest that specialized     rely on the CIT officers to handle        ly reducing the use of jails to house
               programs can help keep people with        crises, thereby relieving them of the     people with mental illness.
               mental illness out of jail as well as     need to spend significant amounts
               facilitate access to treatment. In more                                             The authors also say that further
                                                         of downtime with subjects.
               than half of the encounters across                                                  in-depth examination of the
               the three sites, mentally ill subjects                                              Memphis and Birmingham pro-
                                                         What Works                                grams is needed. They state that
               were either transported or directly
               referred to treatment resources. In       The researchers conclude that the         it would be informative to study
               about a third of the encounters, offi-    specialized programs contribute to        the differences between these two
               cers were able to resolve the incident    better outcomes for people with           models as they relate to other com-
               at the scene in a way that helped         mental illness. They link program         munities, jurisdictions, and State
               resolve the crisis and let subjects       success to two main program ele-          laws. Lastly, they argue that diver-
               remain in the community. Just over        ments:                                    sion from incarceration is not the
               6 percent of the encounters resulted                                                same as being linked effectively to
                                                         A psychiatric triage or dropoff
               in arrest. The study found that quick                                               integrated mental health services.
                                                         center. Having a center where
               response time is important: Long                                                    They use these points to establish
                                                         police can take people who are
               waits for specialized personnel dis-                                                their overall conclusion that further
                                                         experiencing a mental crisis reduces
               couraged other officers from using                                                  work is needed to build on these
                                                         officer downtime and places the
               the programs.                                                                       innovative models.
                                                         subject in the mental health system
               Among the three sites, the Memphis        rather than the criminal justice          For more information, contact
               CIT program received the most pos-        system.                                   Henry J. Steadman, Ph.D., Policy
               itive ratings from nonspecialized                                                   Research Associates, Inc., 262
                                                         Community partnerships. The
               officers on the force. The researchers                                              Delaware Avenue, Delmar, NY
                                                         departments view their prebooking
               attribute the high ratings to several                                               12054, 518–439–7415, hsteadman@
                                                         diversion programs as part of their
               factors; for example, the program                                          Watch NIJ’s Web page
                                                         community policing initiatives.
               is police-based, and the city has a                                                 for a forthcoming Research in Brief
                                                         The data convincingly point to
               “police-friendly” mental health                                                     report on this study.
                                                         collaborations among criminal
               system that provides a dropoff site

     At-A-Glance: Recent Research Findings
Enter the Dragon:
Inside Chinese
NIJ Research in Progress Seminar,
“Enter the Dragon: Inside Chinese
Smuggling Organizations,” Sheldon
Zhang and Ko-lin Chin, grant num-
ber 99–IJ–CX–0028, available on
videotape from NCJRS (NCJ

                                                                                                                    Photo source: PhotoDisc
Illegal Chinese immigration has
occurred for decades, but until
recently it rarely received public
attention except when the attempts
ended in disaster. Today’s trend
toward organized Chinese alien
smuggling, however, is raising
considerable concern and is
gaining a great deal of public           economic growth in the Pacific         smuggling trade at a recent Research
attention.                               Rim; greater commercial exchanges      in Progress seminar at NIJ.
                                         between countries; the proliferation
Limited immigration into the                                                    Their research involves collecting
                                         of telecommunication devices; and
United States and the increasing                                                data in a systematic way for the
                                         easier travel between countries via
number of Chinese nationals who                                                 first time from individuals directly
                                         air, land, and sea.
want to emigrate to the United                                                  involved in organizing and trans-
States have created fertile ground for   Sheldon Zhang of California State      porting Chinese nationals into the
an organized underground market          University at San Marcos presented     United States. Zhang and Chin gath-
in human trafficking. The emerging       preliminary observations from his      ered data from three sites: New York,
market is growing swiftly due to a       research with Ko-lin Chin of Rutgers   Los Angeles, and Fuzhou, China.
number of factors, including rapid       University on the Chinese alien
                                                                                Zhang and Chin named two
                                                                                challenges for law enforcement:
                                                                                (1) constructing effective strategies
                                                                                to combat smuggling entrepreneurs,
                                                                                and (2) preventing new crime
           Zhang and Chin named two                                             groups from forming partnerships
                                                                                with the traditional crime societies.
       challenges for law enforcement:
                                                                                The Nature of the Trade
  (1) constructing effective strategies to                                      The researchers found that Chinese
                                                                                human smuggling is vastly different
  combat smuggling entrepreneurs, and                                           from other racketeering activities in
                                                                                the Chinese community, such as
  (2) preventing new crime groups from                                          extortion, gambling, or prostitution.
                                                                                Chinese alien smugglers, or snake-
                                                                                heads, are otherwise ordinary
forming partnerships with the traditional                                       citizens—government officials,
                                                                                police officers, small business own-
                    crime societies.                                            ers, housewives, handymen, masons,
                                                                                taxi drivers, massage parlor owners,
                                                                                fast food restaurant owners, and

                                                                                                           NIJ Journal s no. 248, 2002
               fruit stand owners. They have family
               networks and strong social contacts
               that give them the opportunity to
               take part in human smuggling.
               Zhang and Chin learned through
               interviews that no qualifications or
               training are needed to participate in
               the smuggling business; all a poten-
               tial smuggler needs is a combination
               of proper connections, opportuni-
               ties, and an entrepreneurial spirit.
               As a result, Chinese alien smuggling
               is dominated by small groups of
               loosely connected entrepreneurs in

                                                                                                                                       Photo source: PhotoDisc
               temporary alliances. Zhang and
               Chin use the term “task force”
               instead of “organized crime” to
               refer to these groups.
               The unfixed and changing nature
               of Chinese alien smuggling organi-
               zations allows members to easily
               hide their operations from law            international connections at the      97–IJ–CX–0013, available on
               enforcement. Yet, because smuggling       airport.                              videotape from NCJRS (NCJ
               rings usually involve a dyadic (one-                                            187076).
               on-one) business transaction, mem-        Zhang and Chin’s data show that
               bership in rings is vulnerable to         among the subjects in the United      Drug-involved offenders have high
               change, and the loss of even one          States who actively participate       crime rates, and decreasing their
               member can lead to the collapse           in Chinese smuggling activities,      drug use so as to reduce their
               of an entire ring.                        81 percent describe themselves        offending is a high priority. How can
                                                         as U.S. citizens or permanent resi-   the criminal justice system decrease
               Recent Trends                             dents. About 10 percent claim to      drug use among offenders? The
                                                         be members of an organized crime      Breaking the Cycle (BTC) interven-
               Today’s Chinese smuggling rings use       group. The researchers estimate       tion strategy has demonstrated suc-
               fewer fishing trawlers, and landings      that the number of Chinese smug-      cess. BTC reduces offender drug use
               are likely to occur at peripheral loca-   gled into the United States varies    and crime by combining case man-
               tions, such as the Virgin Islands,        from 20,000 to 30,000 annually.       agement, drug testing, sanctions,
               Mariana Islands, and islands off                                                and treatment.
                                                         For more information, contact
               the Canadian or Mexican coasts.
                                                         Sheldon Zhang at Department           Adele Harrell of the Urban Institute
               Increasingly, smugglers transport
                                                         of Sociology, California State        presented preliminary findings from
               their human cargo in container
                                                         University at San Marcos,             an evaluation of the BTC program
               ships that can elude the U.S. Coast
                                                         San Marcos, CA 92069–0001,            in Birmingham, Alabama, at a recent
               Guard and make interception on
                                                         760–750–4162, xzhang@                 NIJ Research in Progress seminar.
               the high seas nearly impossible.
                                                                           The evaluation compared drug use
               The use of air routes is also increas-                                          and crime among felony defendants
               ing as many smugglers are able to                                               enrolled in BTC to defendants not
               arrange legitimate business trips,        Breaking the Cycle of
                                                                                               offered these services based on sur-
               tourist visas, or marriages with U.S.     Drug Use and Crime                    veys and arrest records in the year
               citizens for incoming immigrants.         NIJ Research in Progress Seminar,     following entry into the courts. The
               Other immigrants fly into Canada or       “Reducing Drug Use and Crime          BTC program in Birmingham was
               Mexico and enter the United States        Among Felony Defendants: Findings     funded by the Office of National
               from there, or simply stay in the         From the Evaluation of Breaking the   Drug Control Policy.
               United States by not making their         Cycle,” Adele Harrell, grant number

     At-A-Glance: Recent Research Findings
How BTC Works                            crime in the 6 months before their       For more information, contact
                                         followup interview. Results of statis-   Adele Harrell, The Urban Institute,
In Birmingham, defendants are            tical models suggest that with 16        State Policy Center, 2100 M Street
admitted to the BTC program if they      percent of non-BTC offenders             N.W., Washington, DC 20037,
self-report or test positive for drug    reported committing a drug offense,      202–261–5738, aharrell@
use or have been arrested on a drug      only 7 percent of comparable BTC
felony charge. Assessment revealed       participants would report such an
that about 60 percent of these drug      offense.
users met the diagnostic criteria for                                             Compstat and
drug abuse or dependency. BTC            For offenses other than drug selling,    Organizational
responded with proven treatment          a large effect of BTC was found for
                                         whites but not for blacks. For whites,
practices. The most frequently rec-
ommended intervention was urine          with 29 percent of non-BTC defen-        NIJ Research in Progress Seminar,
monitoring only. Outpatient treat-       dants reporting offenses other than      “Compstat and Organizational
ment, residential treatment, and         drug selling, only eight percent of      Change: Preliminary Findings From
group treatment were recommended         comparable white BTC participants        a National Study,” David Weisburd,
when needed. Offenders involved in       would report such offenses. For          grant number 98–IJ–CX–0070,
the evaluation spent an average of       black offenders, compared to 17 per-     available on videotape from NCJRS
150 days in the program.                 cent of non-BTC defendants report-       (NCJ 186731).
                                         ing such offenses, 16 percent of BTC
                                                                                  Former New York Police Commis-
Results of Breaking the Cycle            clients would also report such
                                                                                  sioner Bill Bratton introduced a new
No matter the offense, BTC clients                                                way of looking at crime problems in
were less likely than the comparison     While these initial findings are         1994. The process, called Compstat,
group to be arrested in the year after   promising, Harrell pointed out that      used weekly meetings that featured
sample entry, which is when the          they are preliminary, limited to one     statistics and automated mapping at
offender became a part of the evalu-     site, and may have been affected by      which Bratton asked his deputies to
ation or the study, with white clients   differences in the characteristics of    identify emerging problems and to
arrested for fewer new crimes than       defendants in the two samples.           explain what they were doing to
black clients.                           Additional research on the BTC           reduce crime.
                                         model is being conducted in Eugene,
The evaluation found that BTC                                                     Today Compstat has spread across
                                         Oregon; Jacksonville, Florida; and
clients were less likely than those in                                            the country. It combines mapping
                                         Tacoma, Washington.
a comparison sample to self-report                                                and analysis of data with other
that they had committed a drug                                                    essential police performance
                                                                                  measures to hold police managers
                                                                                  accountable for their performance.
                                                                                  How far has Compstat spread, and
                                                                                  has it changed the landscape of
                                                                                  American policing? David Weisburd
                                                                                  of the University of Maryland and
No matter the offense, BTC clients were                                           Hebrew University Law School and
                                                                                  his colleagues Stephen Mastrofski
  less likely than the comparison group                                           of George Mason University and
                                                                                  Rosann Greenspan of the Police
                                                                                  Foundation used surveys and site
  to be arrested in the year after sample                                         visits to establish a national profile
                                                                                  of Compstat use, identify emerging
entry, which is when the offender became                                          patterns and variations in Compstat
                                                                                  programs, and evaluate certain
    a part of the evaluation or the study.                                        model programs in distinguishing
                                                                                  how Compstat works at all levels
                                                                                  in police organizations.

                                                                                                             NIJ Journal s no. 248, 2002
               Weisburd discussed the findings
               and other preliminary observations
               at a Research in Progress seminar
               held at NIJ.                                            Compstat allows police departments
               Research indicates that the larger a
               police department is, the more likely                  to adopt technological innovations in
               it is to have implemented a program
               like Compstat. Nearly 60 percent                     policing while reinforcing the traditional
               of departments with 500 or more
               sworn officers have a program, 33
               percent of police departments with                    hierarchal structure of police agencies.
               100 or more sworn officers have an
               existing or planned Compstat pro-
               gram, and 11 percent of smaller
               departments have a program.
                                                       Implementing Core                        implement effective problem-
               Why Compstat Has Spread                 Elements of Compstat                     solving tactics and to develop
                                                                                                systems of external accountability.
               Large police departments began to       In his presentation of the research,
               adopt Compstat programs in 1996.        Weisburd identified seven central        Compstat and non-Compstat
               The numbers continued to rise           elements of police management and        departments differ significantly
               through 1998, though there is           discussed how Compstat affected          on the seven core elements.
               some evidence that the trend has        each element. The elements are:          Compstat departments are more
               begun to level off. The south has       (1) clarify the mission, (2) hold        likely to claim implementation
               the highest occurrence of depart-       managers accountable, (3) use data       of each of these than are non-
               ments with Compstat-like processes,     to identify and assess problems,         Compstat departments. Weisburd
               followed by departments in the          (4) use effective problem-solving        suggested that police departments,
               west, northeast, and north-central      tactics, (5) provide commanders          on the whole, have been more
               regions.                                with control over resources needed       successful in implementing those
                                                       to get the job done, (6) ensure flexi-   aspects of Compstat that reinforce
               Weisburd stated that unlike other       bility within the organization, and      the established organizational struc-
               recent innovations in American          (7) make the department account-         ture of policing and—not surpris-
               policing, Compstat does not chal-       able externally.                         ingly—less successful in adopting
               lenge the traditional quasi-military                                             innovations that demand significant
               model of police organization. In        Large departments implement the          change in the philosophy and prac-
               addition, Compstat allows police        seven elements with varying degrees      tices of policing.
               departments to adopt technological      of effectiveness. Departments are
               innovations in policing while rein-     more likely to use data-driven prob-     For more information, contact
               forcing the traditional hierarchal      lem identification and assessment        David Weisburd at 2220 LeFrak
               structure of police agencies.           and to stress clarifying the mission,    Hall, University of Maryland,
                                                       holding managers accountable,            College Park, MD 20742,
                                                       and ensuring flexibility within the      301–405–4705, dweisburd@
                                                       organization. Compstat departments
                                                       find it much more difficult to

     At-A-Glance: Recent Research Findings
       New &
       NIJ’s New Director                                                                Correctional Association. She has
                                                                                         provided training on corrections
       Sarah V. Hart became NIJ’s new                                                    legal issues to the American
       Director on August 2, 2001. After                                                 Correctional Association, the
       being nominated by President George                                               Association of State Corrections
       W. Bush, the U.S. Senate confirmed                                                Administrators, the National
       her nomination in a vote of 98–0.                                                 Association of Attorneys General,
       Before joining NIJ, Ms. Hart                                                      and the National Institute of
       served as the Chief Counsel for                                                   Corrections. She has written several
       the Pennsylvania Department of                                                    articles concerning courts, correc-
       Corrections, where she assisted                                                   tions, and criminal law.
       Congress in drafting the Federal                                                  Ms. Hart received her undergraduate
       Prison Litigation Reform Act                                                      degree in criminal justice from the
       (PLRA) and 1997 amendments                                                        University of Delaware and her law
       to the PLRA.                                                                      degree from Rutgers Camden School
       Previously, she served for 16 years as                                            of Law, where she was associate edi-
       a prosecutor in the Philadelphia                                                  tor of the law review.
       District Attorney’s Office, where she
       acted as lead counsel for 9 years in
                                                                                         Series Looks at
       Federal litigation involving the
       Philadelphia prison system. She also        Ms. Hart served on the Pennsylvania   International Crime
       assisted in drafting Pennsylvania’s         Supreme Court’s Appellate Pro-
                                                                                         An increase in crimes originating
       drug nuisance law, nuisance bar leg-        cedural Rules Committee and as
                                                                                         outside the United States is the focus
       islation, and sentencing and parole         Vice Chair of the Legal Affairs
                                                                                         of a new monograph series, “Issues
       reform bills.                               Committee of the American
                                                                                         in International Crime.” The series,
                                                                                         developed by NIJ’s International
                                                                                         Center, highlights research in
New Guides Explore First Responder Equipment                                             transnational crime and is intended
NIJ is creating a series of guides about first responder equipment that will             to stimulate further discussion and
provide public safety agencies with information on the types and capabilities            study of international crime and jus-
of available equipment.                                                                  tice issues.
While only the first in the series has been printed, NIJ is making working drafts of     To date, NIJ has released three titles:
the remaining guides available on the Web in a working draft format.                     s   Crime, Criminal Justice, and
Titles in the series include:                                                                Criminology in Post-Soviet
                                                                                             Ukraine, by Todd S. Fogelsong
s   Guide for the Selection of Chemical Agent and Toxic Industrial Material Detection        and Peter H. Solomon, Jr. (NCJ
    Equipment for Emergency First Responders, NIJ Guide 100-00.                              186166). Available at http://
s   An Introduction to Biological Agent Detection Equipment for Emergency First    
    Responders, NIJ Guide 101-11.                                                            pubs-sum/186166.htm.
s   Guide for the Selection of Chemical and Biological Decontamination Equipment         s   The Threat of Organized Crime,
    for Emergency First Responders, NIJ Guide 103-00.                                        by James O. Finckenauer and
                                                                                             Yuri A. Voronin (NCJ 187085).
s   Guide for the Selection of Communication Equipment for Emergency First                   Available at http://www.
    Responders, NIJ Guide 104-00.                                                  
s   Guide for the Selection of Personal Protective Equipment for Emergency First             sum/187085.htm.
    Responders, NIJ Guide 102-00.

Go to for more information.

                                                                                                                     NIJ Journal s no. 248, 2002
                                                     individual, such as fingerprints,       The book is organized into four
                                                     speech patterns, face recognition,      main technology types:
                                                     dynamic signatures, and iris
                                                                                             s   Officer protection and crime
                                                     Visitors to the catalog can search      s   Public safety in critical
                                                     by biometric type, category, date           incidents.
                                                     range, and keyword. Once a visitor
                                                     identifies a product or program, the    s   Communications and informa-
                                                     catalog displays a description and          tion technology.
                                                     downloadable papers or associated       s   Investigative and forensic
                                                     Web sites. Visitors can also request        sciences.
                                                     more information about specific
                                                     items.                                  Each listing includes Department of
                                                                                             Justice (DOJ) funding opportunities,
                                                     NIJ and the Department of               information on DOJ standards and
                                                     Defense’s Counterdrug Technology        testing, the status of DOJ-supported
                                                     Development Program Office jointly      research and development efforts,
                                                     developed the catalog, which cur-       and citations to DOJ-related publi-
                                                     rently contains more than 117           cations.
                                                     entries. Although the catalog’s post-
                                                     ings are added and modified by the      Copies of the guide can be down-
                                                     vendor or other responsible parties,    loaded from the NIJ Web site at
                                                     the sponsors read and approve all
              s   Democratizing the Police           postings before they are available      pubs-sum/186822.htm or ordered
                  Abroad: What to Do and How         through the catalog.                    from NCJRS by calling
                  to Do It, by David H. Bayley                                               1–800–851–3420.
                  (NCJ 188742). Available at         Visit the online Biometrics
              Catalog at http://www.
                                                     For more information on
              Obtain copies from the NIJ Web         biometrics, visit http://www.
              page at the addresses above or or http://
              call NCJRS at 1–800–851–3420.
              Visit NIJ’s International Center       avanti/whitepaper.htm.
              international for more information.
                                                     New Technology
                                                     Guide Published
              Biometrics Catalog
              Available Online                       State and local administrators
                                                     who must make decisions
                                                     about acquiring new tech-
                                                     nologies should get a copy
                                                     of the newly published Resource
              A searchable catalog of commer-        Guide to Law Enforcement,
              cially available biometric products,   Corrections, and Forensic
              research and development efforts,      Technologies (NCJ 186822).
              and testing programs is now            This reference book lists
              available to Web users.                research and grant programs
              Biometrics are automated methods       from the Office of Community
              of recognizing a person based          Oriented Policing Services
              on physiological or behavioral         (COPS) and Office of Justice
              characteristics unique to each         Programs.

     New & Noteworthy
Fifth Annual ADAM
                                             ADAM 2000 Preliminary
                                             Annual Report Now
                                             ADAM’s first report on the new
The technical and operational prin-          probability-based sampling, post-
ciples involved in maintaining an            stratification weighting strategy, and
Arrestee Drug Abuse Monitoring               redesigned survey instrument is now
(ADAM) site were the focus of the            available. The redesigned methodology
fifth annual ADAM conference,                will give researchers and policymakers
which was held June 5–7 in Miami.            greater confidence in ADAM data.
The 150 researchers, criminal justice        Highlights of the redesign include
professionals, and site personnel            new questions about heavy alcohol
involved in operation of the 35              use, mental health and drug treatment,
ADAM sites and 3 affiliated ADAM             the need for treatment of drug dependen-
sites attended the meeting to discuss        cy, and drug market characteristics.
the challenges of introducing new            The questions are based on items
arrestee sampling methods and a              from other national surveys and
redesigned interview instrument.             allow researchers to “cross-walk”
                                             between ADAM and other ongoing
Featured topics included:
                                             large-scale research studies.
s   Measuring drug and alcohol
                                             The redesigned survey also introduces a calendar
    dependence among male
    arrestees across ADAM sites.             methodology that allows ADAM respondents to answer
                                             questions about their drug-using behavior over the past year
s   Drug market participation                in the context of other life events.
    among adult male arrestees.
                                             The report presents original data from the sites in the ADAM network,
s   Pathological gambling, sub-
                                             describes drug and alcohol use based on urinalysis and self-reports,
    stance abuse, and crime.
                                             presents analysis related to treatment needs, and describes a number
s   The drugs-crime relationship—            of features about drug markets.
    history, complexity, ameliora-
    tion, research, and the role of          ADAM Preliminary 2000 Findings on Drug Use and Drug Markets—
    ADAM.                                    Adult Male Arrestees (NCJ 189101) is available electronically from
                                             the NIJ Web page at
For more information about the               or by calling NCJRS at 1–800–851–3420. Visit the ADAM Web site at
conference, contact Karen Cyrus,   
NIJ Program and Policy Specialist,
at 202–616–3838 or visit the ADAM
Web site at
                                        was attended by 1,347 corrections,        Hosted by OLETC, the West Virginia
Mock Prison Riot                        law enforcement, and other public         Division of Corrections, and the
                                        safety officers April 29 to May 3.        Moundsville Economic Develop-
A riot took place at the                                                          ment Council, the mock riot exhib-
former West                             The riot gives NIJ’s Office of
                                                                                  ited 77 new technologies, including
Virginia State                          Law Enforcement Technology
                                                                                  biometric fingerprint solutions,
Penitentiary in                         Commercialization (OLETC) a
                                                                                  chemical agent dispensers, concealed
Moundsville,                            chance to showcase emerging tech-
                                                                                  weapons detection devices, facial
West Virginia, for                      nologies and officers a chance to
                                                                                  identification programs, firearms
the fifth straight year.                use and evaluate the technologies
                                                                                  simulations, open holographic
It was a mock riot that                 in simulated scenarios.

                                                                                                             NIJ Journal s no. 248, 2002
              sights, robotics, thermal vision gear,   or call 1–888–306–5382. Videos and        The papers were:
              and less-than-lethal technologies        photographs of the last five riots        s “At the Intersection of Public
              such as pepper balls and a ring air      are available on the Web site.               Health and Criminal Justice
              projectile.                                                                           Research on Drugs and Crime,”
                                                                                                    by James C. Anthony with
              These innovative technologies were       Forum Focuses on
              tested through 36 hands-on training                                                   Valerie Forman.
                                                       Drugs and Crime
              scenarios, including:                                                              s “Research on Drug-Crime
                                                       The future direction of research             Linkages: The Next Generation,”
              s   A food fight broke out in the        on drugs and crime was at the                by Robert MacCoun, Beau
                  dining hall, where two service       core of discussions at a major               Kilmer, and Peter Reuter.
                  staff were assaulted and an          research forum held April 19–20.          s “The Drugs-Crime Relationship:
                  officer was taken hostage.           Approximately 40 prominent                   What We May Know, What We
              s   An officer was held hostage in       researchers attended.                        Do Not Know, and Significant
                  the yard while inmates negotiat-                                                  Research Questions,” by Duane
                                                       The discussion centered on ways
                  ed for a van to attempt their                                                     McBride, Curtis Vander-Waal,
                                                       research can better pinpoint prob-
                  escape and officers rappelled                                                     and Yvonne Terry-McElrath.
                                                       lems created by drugs and crime
                  over the prison wall.
                                                       and develop strategies for solving        These papers, along with an execu-
              s   An inmate holding an employee        those problems. The goal was to           tive summary highlighting the
                  hostage barricaded himself           design a research agenda for the          research agenda and a summary of
                  and his hostage in a cell with       future that will inform policy and        the forum discussion, will be pub-
                  weapons.                             improve practice.                         lished soon. To receive a copy of the
              s   A missing inmate was discovered                                                forthcoming Drugs and Crime
                                                       The discussion was based on
                  in the prison’s basement.                                                      Research papers and agenda, send
                                                       three papers, two commissioned
                                                                                                 your name, street address, and email
              For more information about the           by NIJ and one commissioned
                                                                                                 address to Karen Cyrus, NIJ Division
              2001 Mock Prison Riot, visit the         by the National Institute on
                                                                                                 of Drugs and Crime Research, at
              OLETC Web site at http://www.            Drug Abuse.                     

              Science and the Law                      als, court-appointed experts and          Proceedings from the 1999 annual
              National Conference                      advisors, law enforcement personnel       meeting are available at http://
                                                       who testify as experts, the use of eye-
              The reliability of evidence and the      witness evidence, and case studies        179630.htm. Proceedings from the
              credibility of witnesses were the        on the admissibility of novel scien-      2000 and 2001 meetings are forth-
              focus of the 2001 Science and Law        tific evidence.                           coming.
              Conference, which was titled
              “Emerging Trends: Scientific
              Evidence in the Court.”
              The conference, which was held
              in October, brought together
              approximately 250 members of
              the criminal justice and academic
              fields to improve understanding
              among scientists, attorneys, and
              judges and to foster and develop
              questions for future research on the
              role of science and scientists in the
              criminal justice system.
              Panels at the NIJ-sponsored event
              discussed scientific and legal tutori-

Series Lectures                           Counterterrorism and Critical
                                          Incident Responses
The Perspectives on Crime and
Justice lecture series, sponsored         NIJ and the other bureaus and offices of the Office of Justice Programs
by NIJ and held each year in              support a number of efforts concerning terrorism. Below is a list to lead
Washington, DC, gives well-               you to more information.
known scholars an opportunity
                                          s   NIJ’s Critical Incident Response/Counterterrorism Program
to present provocative points
                                              These sites describe NIJ’s portfolio of research and development:
of view to policymakers and
Plans are underway for speakers
for the 2002 series. Watch the            s   OJP Office for Domestic Preparedness
NIJ Web page for the names and      
dates of upcoming lectures.
                                          s   Technology for Public Safety Response to Critical Incidents at OJP
In 2001, the series featured:                 Research and Statistics:
s “Why Violence Appears to Be       
   Declining,” by Alfred Blumstein,           public_safety_response.htm
   Professor at Carnegie Mellon               Fielded Programs:
   University and Director of the   
   National Consortium on Violence            safety_response.htm
                                              Technical Assistance and Training:
s “Juvenile Offenders, Adoles-
   cence, and Psychopathology,”
   by Laurence Steinberg, Professor       s   Terrorism and Domestic Preparedness Information at OJP
   at Temple University and Director
   of the John D. and Catherine T.  
   MacArthur Foundation Research    
   Network on Adolescent Develop-   
   ment and Juvenile Justice.
s “Key Behavioral and Environ-            s   Publications on Terrorism and Domestic Preparedness
   mental Factors in Violence                 National Criminal Justice Reference Service Virtual Library
   Prevention,” by Carl Bell of the 
   Community Mental Health
                                          s   Center for Civil Force Protection
   Council and Foundation.
                                              Sandia National Laboratories:
s “The Impact DNA Testing           
   Has Had on Forensics,” by
   Margaret Berger of the Brooklyn        s   Institute for Security Technology Studies (Dartmouth College)
   Law School.                      
The papers and question-and-              s   Oklahoma City National Memorial Institute for the Prevention
answer sessions that follow each              of Terrorism
lecture are published annually by   
NIJ. Previous lectures featured
Sissela Bok on violence, free speech,
and the media; Felton Earls on
men, fathers, and community;   or            Conference Series home page at
and Randall Kennedy on race and         from NCJRS at 1–800–851–3420.     and click on
crime. Copies of previous volumes                                                  “Past Conference Materials.”
                                        For more information about
are available on NIJ’s Web site at      the lectures, visit NIJ’s Professional

                                                                                                               NIJ Journal s no. 248, 2002
                 Apply for Funding
                 NIJ regularly issues requests for                       July 21–24, 2002
                 proposals, called solicitations, for            JW Marriott Hotel, Washington, DC
                 research in a wide range of topics
                 related to crime and justice. All
                 funding opportunities are described
                 in detail on NIJ's home page
                                                        Plan Now to Attend
                 (         the 2002 Annual
                 funding.htm).                          Conference on
                 The following solicitations were
                 recently posted on the Web:            Criminal
                 s Doctoral students can receive        Justice
                     funding through the Graduate       Research
                     Research Fellowship Program for
                     independent research on issues     and Evaluation
                     in crime and justice. There are
                     two application deadlines          For more details, contact:
                     remaining in 2002: May 15          Institute for Law and Justice
                     and September 16, 2002.            1018 Duke Street
                                                        Alexandria, VA 22314
                 s Researchers can receive funds to
                     conduct original research using
                                                        fax: 703–739–5533
                     data from the National Archive
                     of Criminal Justice Data. There
                     are two application deadlines      Sponsored by
                     remaining in 2002: June 25         National Institute of Justice
                     and October 25, 2002.              and other Office of Justice
                 NIJ's Web page provides specific       Programs offices
                 details and deadlines about these      and bureaus.
                 and other upcoming solicitations.

                                      U.S. Department of Justice
                                      Office of Justice Programs
                                       810 Seventh Street, N.W.
                                        Washington, DC 20531

                                               John Ashcroft
                                              Attorney General

                                           Deborah J. Daniels
                                        Assistant Attorney General

                                            Sarah V. Hart
                                 Director, National Institute of Justice
             Office of Justice Programs                      National Institute of Justice
               World Wide Web Site                              World Wide Web Site

  The National Criminal Justice Reference Service (NCJRS), a centralized national clearinghouse of criminal
  justice information, is sponsored by the Office of Justice Programs agencies and the Office of National Drug
Control Policy. Registered users of NCJRS receive the NIJ Journal and NCJRS Catalog free. To become a registered
    user, write NCJRS User Services, P.O. Box 6000, Rockville, MD 20849–6000, call 800–851–3420, or email
       Visit the NCJRS World Wide Web site at
The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau
 of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention,
                                         and the Office for Victims of Crime.

                                                   JR 000248
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice

Washington, DC 20531

Official Business
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