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June 2000

Volume 69
Number 6
United States
Department of Justice
Federal Bureau of
Investigation
Washington, DC
20535-0001

Louis J. Freeh
Director Features
Contributors' opinions and
statements should not be
considered an endorsement by
the FBI for any policy, program, An Effective Assessment Police managers can use assessment
or service.

The Attorney General has


Center Program 1 centers to select the best person for the
position and develop a standard for their
determined that the publication By Thurtson L. Cosner and department.
of this periodical is necessary in Wayne C. Baumgart
the transaction of the public
business required by law. Use of
funds for printing this periodical
has been approved by the Biometrics From fingerprints and hand geometry to
Director of the Office of
Management and Budget.
By Stephen Coleman 9 facial and voice recognition, biometric
technology offers a wide range of
The FBI Law Enforcement identification applications.
Bulletin (ISSN-0014-5688) is
published monthly by the
Federal Bureau of Investigation,
935 Pennsylvania Avenue, Violent Crimes Police officers can identify behavior
N.W., Washington, D.C.
20535-0001. Periodical postage
paid at Washington, D.C., and
Among Juveniles
By William Andrew Corbitt
18 patterns of juvenile offenders and
implement crime prevention strategies.
additional mailing offices.
Postmaster: Send address
changes to Editor, FBI Law
Enforcement Bulletin, FBI
Academy, Madison Building, A Medical Model for The police can borrow techniques from
Room 209, Quantico, VA 22135. Community Policing
By Joseph A. Harpold
23 the medical profession to treat and
prevent disease in the communities they
Editor serve.
John E. Ott
Associate Editors Flight as Justification
22 Officers must be able to support a
Glen Bartolomei
Cynthia L. Lewis
for Seizure 28 reasonable suspicion of criminal activity
to justify a temporary investigative
By Michael E. Brooks
Bunny S. Morris detention.
Art Director
Brian K. Parnell
Assistant Art Director
Denise Bennett Smith Departments
Staff Assistant
Linda W. Szumilo
6 Focus on Corrections 17 Book Review
Internet Address
Correctional Criminal Victims of Crime
leb@fbiacademy.edu
Investigators
Cover Photo
© Don Ennis

Send article submissions to


Editor, FBI Law Enforcement
Bulletin, FBI Academy, Madison
Building, Room 209, Quantico,
VA 22135.

ISSN 0014-5688 USPS 383-310


© Mark C. Ide

An Effective
Assessment
Center Program
Essential Components
By THURSTON L. COSNER, Ph.D. and WAYNE C. BAUMGART

F irst used in the 1920s, as- law enforcement. Regardless of the should provide considerable ben-
sessment centers were de- occupation, common elements exist efits to a department. Not only will
signed to select and promote for an effective assessment center. the best candidate be selected for
personnel in occupations ranging While an assessment center based the position, but others in the de-
from engineers and scientists to sec- program may not incorporate all of partment will benefit as well.
retaries, military personnel, and the criteria of a true assessment cen-
even spies. More specifically, an as- ter, certain components exist that Getting to Know the Department
sessment center is a process, not a all assessment programs should In making an effective assess-
place, which a team1 uses to identify include. By becoming familiar with ment program, the assessors first
and evaluate leadership skills for these components, agency adminis- should become familiar with the
higher level positions, such as su- trators can improve the chances targeted department or unit. This
pervisors and managers. These cen- of providing an assessment pro- preliminary step involves meeting
ters2 gained widespread acceptance gram that will best benefit their de- with all individuals involved in the
in the United States during the partment. assessment process, including cur-
1950s and 1960s. Today, various One key principle for a success- rent employees, their supervisors,
organizations view the assessment ful assessment center is that all and any others who work with the
center as a widely accepted tool for members of the assessment process incumbents. Additionally, consid-
recommending personnel actions in must work as a team. Properly ex- ering the current trend toward com-
a variety of occupations, including ecuted, an assessment program munity-oriented policing, assessors

June 2000 / 1
situation and put the department
on track for more effective models
of police performance by periodi-
cally reviewing their position
descriptions.
Conducting Job Analysis
After the assessment team com-
pletes the initial meetings and job
description process, they conduct a
job analysis. The job analysis dif-
fers from the job description, in that
Dr. Cosner is a clinical and Chief Baumgart heads the Euclid, job descriptions usually appear in
consulting psychologist in Ohio, Police Department. narrative form, list the kinds of
private practice. tasks employees perform, and de-
fine the job’s place within the orga-
nization. In contrast, the job analy-
may meet citizens who could inter- assessment team and key depart- sis, a process that involves current
act with incumbents. In fact, citi- ment personnel reviewing and up- employees as well as supervisors,
zens may even serve on the assess- dating current job descriptions. and in some cases, subordinates and
ment team. This activity should remain a joint clients, entails a breakdown of the
In addition to learning the du- venture between the assessment nature, extent, frequency, and im-
ties of the employee and their place team and the department. Unfortu- portance of specific types of be-
within the department and the com- nately, this important step in the havior that characterize the job
munity, members can glean a better assessment process often gets ne- (e.g., ability to negotiate, manage
understanding of the prevailing so- glected. However, the job descrip- tasks, or handle certain types of
cial climate of the work environ- tion can tell the assessment team as situations).
ment from this meeting. Because much about the department as it Job analysis stands as the
subtle differences exist between po- does about the position itself. Re- lynchpin of any assessment center
lice departments, each assessment viewing current job descriptions program. Through job analysis,
team needs specific information also can help clarify the roles of the team members identify critical and
to generate a useful program. For individuals who currently hold the important tasks of the position, de-
example, some police departments positions. The review process en- velop an understanding of the un-
emphasize enforcement and ables departments to take a rational derlying knowledge, skills, abili-
SWAT-type activities, while other and reflective look at how they have ties, behaviors, and traits necessary
agencies may be more community- operated in the past. If the depart- to perform the work, and measure
and public relations-oriented. Fi- ment and assessment team can forge these elements through the assess-
nally, this first step of the assess- a high level of cooperation, all will ment process.
ment process can generate a benefit. Managers must not under- After the team completes the
departmentwide self-study that can estimate the importance of updating assessment program and ranks the
continue far beyond the assessment job descriptions. Departments that candidates, they should make the
procedure. operate without updated job de- results of the job analysis available
scriptions may appear poorly man- to the entire organization. Updating
Reviewing and aged, encounter huge legal risks, job descriptions, coaching current
Updating Job Descriptions and lack an effective or defensible employees, improving employee
The second step in conducting employee evaluation program. evaluations, and identifying
the assessment involves both the Agencies easily can rectify this training needs for personal and

2 / FBI Law Enforcement Bulletin


professional development represent culled from the potential types of exercises (e.g., the in-basket activ-
some job analysis functions. A post- actual activities that the employees ity, the fact-finding exercise, and
assessment meeting with the assess- perform or will perform. By the group activity3) to evaluate the
ment team to discuss the results of comparison, construct validity re- candidates and observe how they
the job analysis can aid department lates to the underlying skills, would react in certain situations.
administrators in strategic planning knowledge, abilities, behavior, and Because time and resource con-
and can serve as a precursor to traits employees need to perform straints exist, each program will not
change for the department. By fol- the critical or important aspects of use all exercises and will vary
lowing this process, the effects of their job. among departments.
change will have a greater impact In addition to using a mix of


and remain more consistent with these exercises, the team should in-
department objectives and goals. terview each of the candidates.
Police Generally, to facilitate the inter-
Meeting with Candidates view, the candidates first should
Upon completion of the job administrators... complete a personal and career atti-
analysis, assessors should meet have an obligation tude questionnaire. This question-
with candidates to help them under- to participate fully naire can ask the candidates about
stand the assessment process. At the in the assessment how they spend their work day,
meeting, assessors should tell can- center program. their interests, what problems they
didates what to expect during the believe currently exist in the depart-


assessment process, as well as the ment, and other relevant questions
rating methods. for the position. Assessors inter-
The meeting also allows candi- weave the content-valid material
dates to ask any questions they may The job analysis identifies cer- gathered in the interview and on the
have about the procedure. Most tain characteristics, such as the abil- questionnaire with other behavioral
candidates have an interest in the ity to analyze particular problems or observations made during the
assessment procedure, the evalua- the ability to read, interpret, and ap- assessment activities to provide
tion process, and the assessors’ ex- ply a department rule or regulation a comprehensive picture of the
perience. Candidates have reported to a practical situation. If these con- candidates.
that this meeting prepares them for stitute critical or important tasks for
approaching the assessment proce- the job, then the exercises can mea- Psychological Testing
dure and that it helps reduce unnec- sure the skills and abilities related In addition to including law en-
essary tension and stress that most to these tasks. More than one exer- forcement professionals, assess-
candidates naturally experience cise should exist to measure impor- ment teams should include a police
when preparing for an assessment tant aptitudes. If the procedure has psychologist to participate in as-
center program. construct validity, assessors can sessment activities. These activi-
logically and empirically link the ties, such as psychological tests and
Developing assessment activity and its relation- structured interviews and simula-
Assessment Activities ship to the critical aspects of perfor- tion activities with construct valid-
After the meeting, the assessors mance identified in the job analysis. ity, can provide a more dynamic
should develop procedures that they An assessment team that cannot re- view of the candidate. Not only can
will use to evaluate the candidates. late its procedures to the job analy- assessment teams observe the
Each procedure must have a content sis risks conducting an invalid as- candidate’s visible behavior, but
and construct valid relationship sessment center. also, through the testing process,
with the results of the job analysis. Assessment centers can use they can more thoroughly assess
Content validity refers to activities a number of different types of underlying characteristics and traits

June 2000 / 3
the candidate may possess. On into percentage ratings. By trans- of the candidates. The assessors
one hand, it remains vital to under- forming the scores into percentages, should destroy the report following
stand the candidate from the per- the assessors can factor in the rela- the completion of the promotional
spective of a seasoned veteran po- tive weight for the assessment cen- process and the expiration of the
lice officer, yet, it remains equally ter score into the candidates’ over- list.
important to understand the candi- all promotional evaluation scores,
date from a psychological perspec- which may include results from pro- Debriefing the Candidates
tive, which will often identify per- motional tests and departmental rat- After the team makes the pro-
sonality characteristics that ings. Assessors must evaluate can- motion selections, an opportunity
observation and interview do not didates against clearly defined should exist for candidates to vol-
always reveal. Additionally, a psy- standards and not against each untarily talk to the assessors and
chological test can validate the ob- other. receive feedback on their perfor-
servations made during the assess- mances and reasons for their scores.
ment. If the test findings and the This discussion of strengths and


observations agree, then the rating weaknesses not only informs candi-
is supported from a different per- dates why they placed where they
spective. If disagreements between ...all members did, but allows them to use the feed-
the results of the test and the behav- of the back to capitalize on their strengths
ior of the candidate should occur, and improve their weaknesses. For
then the assessors should reconcile
assessment those individuals who have an inter-
the differences. process must est, the session proves beneficial for
work as a team. their career development and the
Evaluating Performance department as a whole.


In the next step, typically two or
three assessors evaluate the candi- Conclusion
dates. This process should proceed Promotional examinations of-
with each assessor compiling a ten are a period of great stress and
score for each of the candidates, Compiling the Narrative Report turmoil in many departments. When
based on their performance on the Because of the considerable a department uses an assessment
assessment exercises. After each as- amount of information generated center approach to promotions, the
sessor completes this step, they from the assessment and to help department administrator should
should meet to discuss their ratings the appointing authority understand choose the best possible team to
and to achieve a consensus score for the reasoning behind a particular gain the highest quality results. Po-
each candidate. In those rare cases score, the assessors should develop lice executives have the opportunity
where assessors experience an im- a narrative report. The narrative to make the entire process a positive
passe, they should average the can- report should include the candi- experience for the candidate and the
didates’ scores to achieve a final dates’ behavior, their responses on department, as well.
rating for the characteristic in ques- the test, and other appropriate char- Police administrators and the
tion. Additionally, assessors can acteristics observed during the as- assessment team, along with others,
use psychological tests to settle any sessment. Ideally, the narrative re- have an obligation to participate
discrepancies. port assists both the appointing fully in the assessment center pro-
authority and the candidates in un- gram. Various comprehensive mod-
Ranking the Candidates derstanding the reasons for a par- els exist of the essential compo-
After reaching a consensus on ticular score. nents of an effective assessment
each score, the assessors rank the The narrative report should not center program. In fact, few assess-
candidates by converting the values become a part of any permanent file ment centers contain all of the

4 / FBI Law Enforcement Bulletin


components. An informed manager team follows certain principles, the 2
An assessment center is a tool for making
personnel decisions, including the selection,
can review the list of components assessment center will become not
promotion, transfer, or career development of
and decide exactly what to include only an effective tool for selecting employees. A team of individuals, including
or omit from an assessment center. the best person for the position, but current employees, managers, personnel
If a substantial number of compo- will help the department develop a experts, civilians, and others impacted by the
agency, make up the center. The team employs
nents are missing, the administrator standard and have a residual effect
numerous assessment activities to help them
should ask the team to modify their for all of the candidates who partici- recommend a personnel action. The activities
approach to improve the process. pate in the process. help them analyze the type of work and the
Although it has existed for knowledge, skills, and abilities the employee
may have to perform the job.
quite a few years, the assessment Endnotes 3
Paul Jansen and Ferry deJongh, Assess-
center has gained popularity as a 1
An assessment team may consist of a ment Centres: A Practical Guide, (West Sussex
tool for conducting promotional variety of individuals with experience in the law England: John Wiley and Sons, 1997).
programs in the public sector enforcement field, including former and current
police personnel.
only recently. If the assessment

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June 2000 / 5
Focus on Corrections
© Digital Stock

Correctional Criminal
Investigators
The New Cops on the Beat
By William R. Bell

T o the public, when criminals get convicted and


sentenced to prison, it means that society no
longer has to worry about them. Unfortunately, this
In addition to the volume of crimes that occur,
the prison’s unique environment limits the ability of
outside agencies to conduct successful investigations.
rarely proves true. As the big steel door slams shut Only correctional officers understand the physical
behind them, many offenders merely graduate to a layout and daily operations of the prison. Perhaps
higher level in their criminal educations. In fact, more important, the prison contains a subculture of
today’s new breed of criminal is more motivated, hardened criminals that bears only a slight resem-
better organized, more dedicated to crime, and less blance to what exists on the street. Even the most
fearful of punishment than ever before. Some of the seasoned investigator would find it difficult to
offender’s sophistication comes from the influx of investigate a crime with uncooperative victims,
organized gang activity within the prisons. witnesses, and, of course, perpetrators. On the street,
Correctional facilities traditionally have managed people who witness crimes usually report them to the
their own operations successfully. At the same time, police, whereas in prison, inmates rarely report
they have depended frequently on outside police crimes. A code of silence, punishable by death if
agencies to investigate felony crimes committed by violated, keeps most inmates from talking to the
their inmates. Yet, this arrangement can create police.
problems for the prison and cause frustration for Additionally, outside the prison, witnesses
outside investigators for a number of reasons. usually give an account of an incident based on their
First, incarcerated offenders generate a huge honest perception of the event. Inmates, on the other
number of cases. For example, in 1998, Colorado had hand, go to great lengths to make sure they serve their
about 13,000 inmates and recorded more than 14,000 own best interests. Suspects and witnesses may even
violations. These violations ranged from minor stage crime scenes. Even the most cooperative
infractions to murder. No outside agency would have inmates will not give a complete account of what
the time or the resources to investigate all of these they have seen. They may answer direct questions but
prison crimes. will not offer any additional information unless

6 / FBI Law Enforcement Bulletin


investigators specifically request it. Indeed, prison A New Cop on the Beat
fosters an “us against them” society, where failure to CID has 34 employees, including 25 criminal
cooperate remains the rule of the day. investigators. CID investigators have extensive law
Finally, experienced investigators know that enforcement backgrounds and hold certifications from
intelligence gathering plays an essential role in the state’s Peace Officers Standards and Training
solving, and possibly preventing, crimes. Thus, Board. In addition to detecting and prosecuting all
investigators who work in the prison full time stand infelony crimes associated with the Department of
the best position to gather the information they need Corrections, the unit also conducts background
to combat prison crime. checks of new employees, man-
ages the drug deterrence program,
THE COLORADO handles internal affairs cases, and
EXPERIENCE
Prior to 1983, the Colorado
Department of Corrections, like
most prison systems, employed
“...the prison contains
a subculture of
hardened criminals
investigates inmate and civilian
complaints. Of all of the cases CID
investigators handle, drugs repre-
sent the largest percentage.
outside law enforcement officers that bears only a slight
to investigate felony crimes. resemblance to what Combating Drugs
Because the approach generated Drug cases constitute about 70
exists on the street.
few prosecutions, the department percent of the CID investigator’s


abandoned it. Next, the department case load, as literally hundreds of
tried using corrections employees thousands of dollars in illegal
with law enforcement experience drugs flow into Colorado prisons
to investigate some crimes within weekly. Inside the prison, the
the prison. This approach, although surpassing past street value of drugs increases tenfold. Accordingly,
efforts, fell short of expectations. A lack of support drugs satisfy the inmates’ needs for power and
from local law enforcement agencies and the district money. Drugs also create a dangerous climate in the
attorney’s office presented a significant obstacle to prison. Inmates on drugs pose a danger to themselves
the department’s efforts. and others; drug debt collections generate serious
To gain support from the criminal justice commu- assaults and homicides.
nity, department investigators increased their contact A number of law enforcement agencies have been
with outside agencies. During these contacts, they working with CID in a concentrated effort to curb
shared valuable intelligence information. By demon- drug trafficking. In recent years, the DEA has solic-
strating that they possessed considerable information ited intelligence from CID and assisted with several
that could benefit law enforcement officers outside complex drug investigations.
the prison and clearing a large number of criminal The CID K-9 unit also actively participates in
cases, the investigative division began to earn cred- drug interdiction programs. Canine crime fighters
ibility with local law enforcement officers and detect drugs inside the prison, at outside work crew
prosecutors. sites, and in visitors’ vehicles. The unit also works in
In the early 1990s, officials from the Colorado concert with local prosecutors from the district
Department of Corrections and the local district attorney’s office in drug deterrence programs within
attorney’s office approached legislators with a the prison. In recent years, several state and federal
proposal to make correctional investigators certified agencies have called upon the CID K-9 unit to assist
peace officers, with the duty and authority to investi- in some very high profile cases. In addition to their
gate all crimes associated with the prison system. work in drug cases, the unit’s dogs track escaped
Given this authority, and coupled with the dedication prisoners and often help find missing persons in the
and experience of its investigators, the Criminal community.
Investigation Division (CID) came into its own.

June 2000 / 7
Monitoring Gangs hundred seventy-four intelligence cases, 328 agency
The Colorado Department of Corrections employs assists, 37 K-9 actions, and 504 complaint reports
gang coordinators at each of its prisons to monitor the made up the remaining 1,043 cases. In 1999, the unit
activities of gang members. The gang coordinators handled 1556 cases—306 felonies, 188 internal
share intelligence with outside law enforcement affairs investigations, 232 intelligence cases, 303
agencies and maintain the Security Threat Intelligence agency assists, 27 K-9 actions, and 500 complaint
Network Group, a regional database of gang informa- reports.
tion. CID generally becomes involved when the gang- The cases CID resolves represent more than mere
sters commit crimes, which numbers. While no real deterrent exists for inmates,
usually revolve around drugs. The prisoners in Colorado now must
Department of Corrections’ pay a punishment for the crimes
proactive approach to gangs has they commit while incarcerated. As
forced much of their activity
underground. Any actions that
surface, such as recruiting new
members, subject inmates to
“CID investigates a
wide variety of
a result, a safer prison environment
exists. Moreover, the improved
relationship between outside law
enforcement agencies and the
crimes that occur Department of Corrections has
administrative sanctions and, most
likely, a transfer to a more secure
both inside and enhanced the crime-fighting efforts
facility. outside the prison. within the prisons and in the
communities these public safety
Solving Other Cases
CID investigates a wide
variety of crimes that occur both
inside and outside the prison.
” officials all serve.
CONCLUSION
Many people do not realize
These crimes include assault, sexual assault, felony that prison inmates often belong to very complex
theft, fraud, bribery, escape, bank robbery, and crime organizations that spread throughout the
murder for hire. In the last 5 years alone, CID has country. Their crimes may initiate inside the prison,
investigated more than 20 cases in which inmates but they reach out into the community. The Colorado
have hired undercover CID investigators to commit Department of Corrections has recognized the need to
first-degree murder. In September 1998, three sepa- better protect society by holding its inmates respon-
rate cases came from one prison cell block. The sible for the crimes they commit in prison. As a result,
successful resolution of these cases spared the lives of a new cop has emerged on the beat. These seasoned
two judges, three district attorneys, and two civilians, investigators remain dedicated to protecting and
while resulting in three successful prosecutions with serving the public by keeping convicted felons in
two other offenders awaiting trial. check.
While the Colorado Department of Corrections
Results Criminal Investigation Division is a relatively new
Since its inception, CID has successfully resolved addition to the law enforcement community, it has a
several hundred cases every year. In 1997, the unit’s great deal to offer any agency seeking intelligence
case load included 292 felony investigations and 133 and assistance in monitoring career criminals. This
internal affairs cases. The remaining 1,361 cases approach to law enforcement may well serve as a
comprised 345 intelligence cases (a case initiated resource for other states to espouse.
based on information received from some source),
Mr. Bell serves as a criminal investigator for the Colorado
295 agency assists (e.g., provide intelligence, help Department of Corrections in Canon City. Readers may
with a raid), 83 K-9 actions, and 638 complaint contact him by e-mail at bill.bell@doc.state.co.us.
reports. In 1998, 1,460 investigations covered 240
felony and 177 internal affairs investigations. One

8 / FBI Law Enforcement Bulletin


Biometrics
Solving Cases of Mistaken Identity and More
By STEPHEN COLEMAN, Ph.D.
© PhotoDisc

N early a century ago, law en- enforcement and crime prevention Paul, Minnesota, studied biomet-
forcement agencies discov- by accurately identifying people rics; its accuracy, applications, and
ered the value of using fin- when they cash checks, collect costs; as well as the legal and pri-
gerprints as a means of positive welfare benefits, use automated vacy issues associated with these
identification.1 Today, law enforce- teller machines (ATMs), cross bor- potential uses. The center con-
ment continues to use fingerprints ders into the United States, sign on cluded that biometric systems have
to solve crimes, identify criminals, to computer networks, or enter se- enormous potential for public and
and keep criminal records. How- cure buildings. The promise of bio- private organizations alike.
ever, fingerprints represent merely metrics may become tarnished,
one type of biometric, a physical however, if governments or busi- BIOMETRIC SYSTEMS
characteristic that can distinguish nesses use it to monitor and gather Biometric systems serve two
one person from another. Others in- information on a person’s private purposes: identification and authen-
clude the face, the eyes, the hands, activities. tication. For example, when the po-
and the voice. In 1998, the Center for Applied lice make an arrest, they compare
Biometric technology creates Research and Policy Analysis at the the suspect’s fingerprints with fin-
new opportunities for law Metropolitan State University in St. gerprints on file to determine if the

June 2000 / 9
“ The public generally
accepts the use
of biometric systems
comparisons must have a higher ac-
curacy rate than a system designed
for a single comparison. Thus, ac-
curacy represents one concern for
potential users because different
as a necessary part systems vary in their degree of ac-
of doing business in curacy. Depending on their needs,
today’s crime-ridden agencies must select the right type
society. of system.


Types of Systems
A profusion of vendors now
Dr. Coleman serves as an associate professor and director of the produces a variety of biometric sys-
Center for Applied Research and Policy Analysis at the Metropolitan tems. The most common systems
State University’s School of Law Enforcement, Criminal Justice, and identify or authenticate users by
Public Safety in St. Paul, Minnesota.
their fingerprints, eyes, hands,
faces, or voices.
person has a criminal record. Bio- the back of an ATM card when the Fingerprints
metric systems also can identify person first applies for it. To use the No two fingerprints are alike.
criminals who refuse to disclose card, the owner would place it in a For this reason, law enforcement
their names or who give aliases. cash machine and put a finger on the and the courts recognize finger-
Traditionally, highly trained spe- machine, which would read the prints as unique personal identifi-
cialists did this fingerprint work print, convert it into numbers, and ers. Most biometric fingerprint sys-
manually. Now, the typical compare it with the fingerprint data tems work by finding the breaks and
biometric fingerprint system auto- on the card. If the numbers match, forks, also called minutiae, in the
matically reads a person’s finger- the machine would pay out. A small fingerprint ridges and converting
prints with a video camera, converts computer in the ATM machine information about their position
the fingerprint images into com- would do the work. Alternately, a into a series of numbers, like coor-
puter data, and searches the finger- central computer could store the dinates on a map. Some systems use
print file for similar prints, which biometric and retrieve the informa- other information about the ridges
the system stores digitally as elec- tion when customers present their or pores of the skin.
tronic data. identification cards or enter their
By comparison, authentication passwords into the system. Finally, Eyes
occurs when, for instance, a person a “smart card” with a small com- Two biometric systems use in-
uses an ATM card and must enter a puter chip memory could hold the formation about a person’s eye; one
personal identification number biometric. looks at the pattern of veins in the
(PIN) to prove authenticity. Experi- The number of comparisons the retina, while the other uses the pat-
ence shows, however, that this type system makes to verify the person tern of fibers, tissues, and rings in
of security remains weak, and differentiates identification from the iris. Experts believe that both of
fraudulent use of cards, checks, and authentication. For identification, these biometrics are as unique as
driver’s licenses costs businesses the computer may have to compare fingerprints, but their use in identi-
millions of dollars each year. In many thousands of fingerprints; au- fication lacks the established his-
contrast, with a biometric ATM thentication requires only one com- tory of fingerprints.2
system, the bank could put a parison between the card and the The retinal system, the first sys-
person’s fingerprint data or another person presenting it. A biometric tem invented, requires shining a
biometric on the magnetic strip on system that makes thousands of light into the eye at close range to

10 / FBI Law Enforcement Bulletin


illuminate the retinal pattern. As a Changes in a person’s fingers, These systems may not be able to
result, it demands the cooperation for example, large rings or swollen distinguish twins.
of the person being checked. The fingers, may affect hand identifica-
retinal system’s accuracy rate tion, and the system may not work Voice
makes it appropriate for high-secu- for people with hand paralysis or To a limited degree, voice or
rity facilities, such as nuclear power tremors. Environmental problems, speech patterns can identify people.
plants. such as temperature or light shining To use a voice-recognition system,
Users have begun to express a at the camera, also may hamper the a person must prerecord specific
preference for the iris-based sys- system. words on the system. Later, when
tem. Although relatively new, it re- the system needs to authenticate the


quires only that a person look to- person’s identity, it prompts the
ward a video camera operating person to say one of these words. A
several feet away. In addition, nei- computer analyzes the speech pat-
ther eye color nor corrective lenses Biometric tern and tries to determine if the
(glasses or contacts) interfere with technology creates voice matches the prerecorded ver-
the biometric. Similarly, changes in new opportunities sion. Voice recognition differs from
the size of the iris in response to for law speech recognition, in which a com-
light do not affect the system. Actu- enforcement and puter tries to understand what a per-
ally, a biometric system can use the son says.
fact that the iris adapts to light to
crime prevention.... Voice recognition suffers from
verify that the eye belongs to a per- a variety of problems. A person’s


son, not a photograph. voice may change because of illness
Although the theory requires or stress, and women prove more
additional research, some evidence difficult to identify than men. A
suggests that patterns in the eye Face noisy background also can present a
may change over time because of Facial biometric systems have problem.
illness or injury. Therefore, eye seen rapid improvement.3 A video
identification systems may not camera scans the face and records Other Biometrics
work for blind people or individuals the arrangement of features for A few available, but rarely
with eye damage. comparison with previously re- used, biometric systems use palm
corded facial images. Facial-recog- prints, and others use finger geom-
Hands nition systems can automatically etry. Some researchers are trying to
Biometric systems can use the scan people’s faces as they appear develop biometric systems based on
hand’s distinct, three-dimensional on television or a closed-circuit written signatures, personal odors,
characteristics, including the camera monitoring a building or ears, sweat pores, the way a person
length, width, thickness, and con- street. One new system uses the in- types on a keyboard, and body
tour of the fingers; veins; and other frared heat pattern of the face as the motions.
features. Hand-geometry systems biometric, which means the system
most commonly control access to works in the dark. APPLICATIONS
buildings. A person seeking admit- Individuals who change their Biometric technology covers a
tance places a hand in a device that appearances markedly, for ex- wide range of applications, from
examines it with a video camera and ample, by growing beards, or who identifying criminals to preventing
converts the video image to num- make unusual facial expressions welfare fraud. Because of their high
bers in a computer for comparison can confuse the system. The orien- security needs, correctional institu-
with the person’s prerecorded hand tation of a person’s face toward the tions have led the way in imple-
geometry. camera also can influence accuracy. menting biometric systems.

June 2000 / 11
Corrections stand-alone system cost about Accelerated Service System
In a number of federal prisons, $10,000.5 (INSPASS), which uses either hand
visitors, staff, and inmates have New York City recently con- geometry or, at one location, finger-
their hand biometric put on a photo tracted for an electronic probation prints.9 Business travelers who fly
identification card, which they must monitoring system, for a cost of into the United States at least three
carry with them. Card and hand $925,000. 6 The hand-geometry times yearly can apply for a biomet-
readers installed throughout the system uses kiosks with video ric identification card at an
prisons control access to various ar- touch-screens that allow probation- INSPASS enrollment center. Then,
eas; the systems also record ers and parolees to check in elec- on arrival, the traveler puts the card
everyone’s movements. tronically with probation officers into a kiosk and puts a hand on the
Similarly, the Minnesota De- on reporting dates. The city expects designated spot. If the system veri-
partment of Corrections has hand- to use the system to monitor about fies the person’s identity, it opens a
geometry systems in the state’s gate and records the process.


three medium-security prisons. The U.S. Department of Justice
People leaving the institution swipe evaluated the initial INSPASS sys-
their identification cards into the tem, which cost about $3 million.
system, while placing their hands
Live scanning...allows The audit found that INSPASS “has
on a reader. The system compares agencies to transmit the potential to be a cost-effective
the biometric on the card with the prints to other means of reducing processing time
person’s hand before allowing them agencies, including for frequent travelers...without sac-
to leave. Staff members also have the FBI. rificing security.”10 The $45,000
photos on their identification cards kiosk costs less than a border


to supplement hand-geometry veri- inspector’s yearly salary, approxi-
fication and make false identifica- mately $50,000.
tion a remote possibility. 35,000 low-risk probationers, al- INS has opened automated bor-
The department installed the lowing probation officers to spend der crossing systems (Port Passen-
systems in 1997 and continues to more time supervising high-risk ger Accelerated Service System, or
refine them, with plans to put simi- probationers. PORTPASS) on the northern bor-
lar systems in other prisons. The Voice-recognition systems also der in Montana and in Coronach,
system at one prison, which in- can monitor probationers. One sys- Canada.11 In these remote locations
cludes a computer network, termi- tem randomly pages a probationer, where employees do not work
nals at three access points, and pro- who must call a toll-free number. around the clock, a voice-recogni-
gramming tailored to the system’s The system then verifies the caller tion system, which can withstand
specifications, cost $130,000. by voice,7 while Caller ID verifies severe weather conditions, authen-
In 1990, the Cook County, Illi- the probationer’s location. ticates border crossers. On the
nois, Sheriff’s Office began using a Mexican border, illegal immigrants
retinal identification system for Border Control caught crossing the border have
prisoner identification and release.4 The federal Immigration and their fingerprints read into an elec-
At the time, the system cost about Naturalization Service (INS) has tronic database for future identifica-
$500,000 for 23 scanners and other pioneered biometric systems in bor- tion and to check for those wanted
equipment to connect the system, der control. A multitude of people by the police.12
but prices for the equipment have cross into the United States daily—
come down. The Lancaster County, 100,000 in El Paso, Texas, alone8— Criminal Identification
Pennsylvania, prison’s prisoner which makes prompt and accurate In 1978, Minnesota became the
identification system uses iris- identification necessary. In 1993, first state to install an automated
based technology. In 1997, the INS began a trial of its Passenger biometric fingerprint identification

12 / FBI Law Enforcement Bulletin


system. It identifies arrested crimi-
nals and permits searching of prints
found at crime scenes.13 Live scan-
ning, in which video cameras and
computers directly read digital fin-
gerprints, allows agencies to trans-
mit prints to other agencies, includ-
ing the FBI. The FBI’s newly
implemented NCIC 2000 system
can, among other services, match
submitted fingerprints to subjects
on the national list of wanted
persons.
The sheriffs’ offices of
© PhotoDisc
Hennepin and Ramsey counties, the
St. Paul police, and a local company
plan to test a portable fingerprint Photo Identification system recognizes someone, it will
reader that law enforcement can use Automated systems that cap- alert the police. This technology
in or near their vehicles to learn on ture and digitize mugshots can in- also can monitor public video cam-
the spot whether a suspect is on the corporate facial recognition. In eras for missing children or scan for
national wanted list. The devices 1988, the Lakewood Division of the terrorists at airports.
cost about $2,500 to $4,000, with Los Angeles County Sheriff’s De-
additional costs to upgrade police partment installed a system that can Driver’s Licenses
radio or telephone systems to ac- take the composite drawing of a Because a driver’s license has
commodate the fingerprint readers; suspect or a video image of some- become a key form of personal
federal funds may help agencies one committing a crime and search identification, its authenticity re-
pay for the equipment. it against its database of digitized mains critical. Driver’s license
mugshot photos. The department fraud contributes to other types of
Criminal Background Checks also intends to use the system to crime, including identity theft,17
Many states require criminal search for suspects on “Megan’s credit card fraud, and the illegal
background checks as a condition Law CD,” a photo database of regis- purchase of alcohol and tobacco by
of employment or licensing for tered sex offenders.15 underage minors. States are taking
some individuals, including law en- British police plan to automati- more precautions to control the is-
forcement officers, licensed day- cally monitor closed-circuit surveil- suance of a driver’s license, and
care workers, foster-care providers, lance video cameras with facial-rec- biometrics offers the best way to
and individuals applying for liquor ognition software. Britain has more check a person’s identity.
licenses. In 1998, California began than 200,000 video cameras used In 1998, West Virginia became
submitting fingerprints electroni- for surveillance, many watching the first state to apply facial-recog-
cally by live-scanning individuals streets and shopping areas. In nition technology to the driver’s li-
who need background checks; sher- Newham, a borough of London, the cense application process.18 When
iffs’ offices throughout the state local police have planned a 6-month people apply for a new license, the
house the terminals, which cost trial of facial recognition at a cost of system digitally stores their photo-
about $55,000 each.14 This service about $100,000 for a system that graphs. When they renew their li-
likely will cut the time it takes to do includes 140 street cameras and 11 censes, or try to replace lost or sto-
a background check to 72 hours or mobile units.16 A computer will len ones, the system captures their
fewer for 95 percent of applicants, monitor video cameras set to watch photo and automatically compares
who pay a fee for the service. for known criminals. When the it with their previous photo. This

June 2000 / 13
system prevents people from get- CONSIDERATIONS for instance, which requires a very
ting a license under a false identity. Biometric systems continue to high level of security, would need a
West Virginians also can have their prove their worth for a broad range biometric access system that made
fingerprints stored on their driver’s of applications. However, their it virtually impossible to let in an
licenses for identification at stores widespread use in government and unauthorized person.
and other locations. commercial arenas depends on a Some biometric systems can
number of factors. Short-term con- adjust error rates, which involves a
Other Applications siderations include the cost and trade-off between the two types of
accuracy of various systems on the errors. That means that a system
For government benefit pro-
market. In the long run, and perhaps that reduces the chance of a
grams, a biometric system can offer
more important, agencies must person’s getting into a building by
both reduced opportunity for wel-
study the legal issues, privacy con- mistake increases the likelihood
fare fraud and increased security for
cerns, and public attitudes associ- that legitimate users will be denied
recipients who get their benefits
ated with biometrics. admittance. So agencies must bal-
electronically. For credit card com-
ance security interests against the
panies, biometrics may one day
annoyance and problems that arise


eliminate fraud.19 Biometrics also
when legitimate users cannot gain
can provide computer and Internet
access. For example, bank custom-
security by authenticating the per- ...biometric ers who cannot access their ac-
son signing on to a computer or
computer network, controlling ac-
technology can save counts through the ATM might
cess to sensitive data, and making investigators many switch banks.
Internet financial transactions more hours of work and Legality and Privacy
secure. solve crimes that Federal and state governments
In addition, a recent break- might remain unsolved have used fingerprints for years to
through in technology will further using traditional identify people, both in criminal
reduce prices and extend the range cases and for civil purposes. These
of fingerprint verification.20 Most
police practices. applications have consistently with-


fingerprint scanners have a small stood legal challenge.22 Similarly,
video camera to capture an image of the government can require photo-
the fingerprint. But soon a single graphs for identification. Courts
computer chip will hold fingerprint Accuracy have not extended any constitution-
scanners at an expected cost of $40 Biometric systems use two ally based privacy right to people
or less. Users will simply put their measures of accuracy, one for each who are required to prove their
finger on the chip itself to scan the type of mistake they make. For ex- identity with a fingerprint, although
fingerprint into the computer. The ample, a biometric system that lim- the government may have to show
chip is so small and thin, users can its access to a building would make that it has a reasonable public pur-
mount it virtually anywhere—on a a mistake if it let in an unauthorized pose for taking a fingerprint. The
computer keyboard, a doorknob, a person. Other times, the system courts have not yet ruled on new
car ignition, or a cell phone. With might fail to recognize a person biometrics, such as iris or hand ge-
a fingerprint chip on the handle and who should gain access. Biometric ometry, but fingerprints may pro-
a small computer inside, 21 the system users must decide upon the vide a precedent. When used with
“smart gun” relies on this technol- degree of error they will permit, public or private survillance video,
ogy. The owner of the gun would taking into account the type of facial recognition raises unique
touch the fingerprint sensor to biometric system needed, cost, se- privacy concerns because people
activate the gun; no one else could curity desired, and what happens if can come under surveillance with-
use it. a mistake occurs. A nuclear plant, out their knowledge.

14 / FBI Law Enforcement Bulletin


Privacy issues emerge when a cess control, particularly in prisons, Before selecting a vendor for a
government agency does something which require high levels of accu- biometric system, agencies should
with a person’s fingerprint that goes racy and security. Voice recogni- consider the company’s ability to
beyond the original purpose for its tion proves least accurate but might provide long-term maintenance and
collection. The California Supreme represent the best alternative to keep pace with technology. Agen-
Court approved taking fingerprints verify someone’s identity over the cies should test biometric systems
for driver’s licenses but ruled that phone. thoroughly prior to purchase or
indiscriminate dissemination of fin- Facial-recognition systems cre- before expanding to larger systems.
gerprint records by the state vio- ate opportunities to identify people Buyers need to make their own as-
lated individual privacy rights.23 unobtrusively and without their co- sessment about the accuracy and
The provincial Information and operation, as in video surveillance, reliability of biometric systems
Privacy Commissioner of Ontario, and they can be added to digital and not rely totally on claims of
Canada, leads the way as govern- photo systems used for mugshots or manufacturers.
ments around the world work driver’s licenses. Although they work well, bio-
on guidelines and laws for the pri- Biometric systems also have metric systems have little compat-
vacy of biometric information. The proven their cost-effectiveness in ibility with one another. Agencies
office proposed a series of safe- state welfare systems and border may find advantages in adopting
guards for fingerprint identifica- control, where the system costs less compatible systems, but compat-
tion records of the Ontario than hiring a person to do the same ibility also makes it possible to
government’s social assistance pro- work. In criminal identification, share data on people across sys-
grams.24 Recommended safeguards biometric technology can save in- tems, which might infringe on
include encrypting the biometric to vestigators many hours of work and people’s privacy.
make it impossible for anyone to solve crimes that might remain The public generally accepts
use it without authorization; re- unsolved using traditional police the use of biometric systems as a
stricting use of the finger scan; pre- practices. necessary part of doing business in
venting unauthorized access to the © Mark C. Ide
biometric database; and keeping
most personal information separate.
These elements became law in
Ontario in 1997.25
CONCLUSION
Simply put, biometrics work
well. Systems currently on the mar-
ket can successfully identify and
authenticate people with a high de-
gree of accuracy. Fingerprints re-
main the best choice for applica-
tions involving large numbers of
users. Iris-based systems may equal
or exceed fingerprints in accuracy,
but the limited number of vendors
and lack of precedent for iris
recognition make them less attrac-
tive. Hand-geometry systems have
proven themselves in physical ac-

June 2000 / 15
today’s crime-ridden society. 26 11

12
Supra note 8. 1998; available from http://www.instantphoto.
With safeguards in place to protect Verne G. Kopytoff, “A Silicon Wall Rises polaroid.com/polinfo/press-releases/march98/
on the Border,” New York Times, January 14, 032598a.html [access via www.polaroid.com];
the legal and privacy rights of citi- 1999, D1, D5. accessed 11/19/99.
zens, organizations can use biomet- 13
Stephen Coleman, “Minnesota’s 19
“MasterCard Wins Another Round
ric systems with the cooperation of Automated Latent Fingerprint Identification Against Fraud,” MasterCard, press release,
the public. Indeed, biometric tech- System,” Proceedings of the Fourth Interna- May 11, 1998; available from http://
tional SEARCH Symposium, SEARCH Group, www.mastercard.com/about/press/
nology can help agencies in both the Inc. (Sacramento, CA: 1979), 223-227. 980511a.html; accessed 11/19/99.
public and private sector solve 14
California Department of Justice, Bureau 20
Miquel Helft, “Digital Fingerprints: A
crimes, protect identities, secure en- of Criminal Identification and Information, Key of the Future,” Wired News, May 22, 1997;
trances to buildings and borders, “Applicant Live Scan,” available from http:// available from http://www.wired.com; accessed
www.caag.state.ca.us/app/livescan.htm; 11/19/99.
safeguard computer databases and accessed 11/22/99. 21
David Kocieniewski, “Trenton Debates
networks, and deter fraud in the Requiring Guns Only Owner Can Fire,” New
communities they serve. York Times, September 24, 1998, A27.


22
John D. Woodward, Biometric Scanning,
Law & Policy: Identifying the Concerns—
Endnotes Drafting the Biometric Blueprint, 59 U. PITT.
1
See, e.g., “The History of Fingerprints,” Because of their L. REV. 134 (Fall 1997). The U.S. Supreme
available from http://onin.com/fp/
fphistory.html; accessed 10/5/99.
high security needs, Court also has ruled in United States v.
Dionisio, 93 S. Ct. 764, that a grand jury
2
Richard Wildes, “Iris Recognition: An correctional witness can be compelled to furnish a voice
Emerging Biometric Technology,” Proceedings
of the IEEE 85 (September 1997), 1348-1363.
institutions have exemplar because it does not violate the Fifth
Amendment privilege against self-incrimination
3
Juan Velasco, “Teaching the Computer to led the way in and, further, that the Fourth Amendment
Recognize a Friendly Face,” New York Times,
October 15, 1998, D7.
implementing prohibition against unreasonable searches does
not protect a voice exemplar because the voice
4
General Accounting Office, Electronic biometric systems. is a physical characteristic constantly exposed
Benefits Transfer: Use of Biometrics to Deter


to the public. In Whalen V. Roe, 97 S. Ct. 869,
Fraud in the Nationwide EBT Program the Court ruled that a state could collect the
(Gaithersburg, MD: September 1995), 24, identities of medical patients who obtained
GAO/OSI-95-20. prescriptions for certain drugs. The Court said
15
5
Keith W. Strandberg, “Biometric ID,” “Los Angeles Sheriff’s Department that the patient identification requirement
Corrections Forum, 1997; available from Installs Facial Recognition Software,” Viisage represented the product of rational legislative
http://www.prisons.com/cforum/id.html; Technology, Inc., press release, September 26, action and a reasonable exercise of state police
accessed 11/19/99. 1998; available from http://www.viisage.com/ powers; it did not impair any privacy interest
6
“New York City Awards $925,000 imagewar2.htm; accessed 11/19/99. protected by the Constitution.
16
Contract to Pacer Infotec for Electronic “Candid Camera for Criminals,” BBC 23
Perkey v. Department of Motor Vehicles,
Probation Management Systems,” press release, News, October 13, 1998; available from http:// 42 Cal. 3d 185 (1986).
March 5, 1997; available from http:// news2.thls.bbc.co.uk/hi/english/uk/newsid_ 24
Ann Cavoukian, “Privacy and Biometrics:
www.corrections.com/products/news/ 191000/191692.stm; accessed 11/22/99; and An Oxymoron or Time to Take a 2nd Look?”
crad.htm#pacer; accessed 11/19/99. Robert Matthews, “Security Camera Can Find Office of the Information and Privacy
7
“VoiceTrack,” available from http:// a Face in Crowds,” Electronic Telegraph, UK Commissioner, Ontario, Canada; available from
www.voicetrack.com/; accessed 11/19/99. News, Sunday, July 6, 1997; available from http://www.ipc.on.ca/web_site.eng/matters/
8
William R. Baron, U.S. Department of http://www.telegraph.co.uk:80/; accessed sum_pap/papers/cfp98.htm; accessed 11/19/99.
Transportation, “Volpe Engineers Use 11/22/99. 25
Social Assistance Reform Act, 1997, Bill
17
Biometrics to Help Ease Border Crush,” Volpe Identity theft generally refers to stealing 142, ch. 25, S.O. 1997 (Can.).
Transportation Journal, spring 1997; available such items as credit cards, checks, and driver’s 26
Alan F. Westin, “Public Attitudes Toward
from http://www.volpe.dot.gov/pubs/journal/ licenses and using them to commit fraud, or the Use of Finger Imaging Technology for
spring97/biomet.html; accessed 11/19/99. obtaining a person’s personal information, such Personal Identification in Commercial and
9
Ibid. as social security numbers or bank account Government Programs,” National Registry, Inc.
10
U.S. Department of Justice, Office of the numbers, and using that information, perhaps (St. Petersburg, FL: August 1996).
Inspector General, Audit Division, “Immigra- with a fake driver’s license, to open new credit
tion and Naturalization Service Passenger accounts in that person’s name without the
Accelerated Service System Pilot Program,” person’s knowledge.
18
Audit Report 95-8, March 1995; available from “West Virginia Becomes First State to
http://www.usdoj.gov/oig/inspass1/ Issue Driver’s Licenses Using Facial Recogni-
inspass1.htm; accessed 11/19/99. tion Technology,” press release, March 24,

16 / FBI Law Enforcement Bulletin


Book Review

order to make an arrest, this requirement to


gather evidence may conflict with the victim’s
needs. This delicate balance can put law
enforcement officers at odds with the victim.
Police officials depend on cooperation
from the victim. Remaining sensitive during
the investigative phase will improve rapport
and enhance communication. Furthermore,
consideration and sensitivity to the victim’s
needs results in successful investigations and
prosecutions.
An in-depth review of the text reveals
extensive coverage of victimology. Initially,
the authors provide a brief overview of the
victim’s movement and various programs for
Victims of Crime by Robert A. Jerin and crime victims. The first three chapters concern
Laura J. Moriarty, Nelson-Hall, Inc., victims and the police, victims and the courts,
Chicago, Illinois, 1997. and victims and corrections. The next three
Victims of Crime, a well-developed chapters address domestic violence, women as
textbook for the field of victimology, has victims, children as victims, and elderly as
many criminal justice applications. Scholars victims. Additional chapters study non-
and practitioners will find the information on domestic violence, sexual assault, and hate
the criminal justice system objective and crimes.
comprehensive. This publication presents an In the final chapters, the authors examine
excellent overview of the many facets of crime prevention, international programs, and
victimization. the future for victims of crime. All of these
The authors identify issues and concerns will prove quite useful to those in law enforce-
that students and professionals have voiced ment. Accurate information about victimology
over the years. The chapters are organized and will help bridge the gap between victims and
well written, and the authors’ experiences those who investigate the crimes. Victims of
working for victims contribute to the clarity Crime is essential reading for criminal justice
of the writing. practitioners and individuals concerned with
The authors bring to light several signifi- the rights and welfare of victims.
cant issues for police officials to consider and
stress that the mutual dependence between Reviewed by
crime victims and the police cannot be under- Thomas E. Baker
estimated. For example, although police Assistant Professor
officers are trained to gather as much infor- University of Scranton
mation as possible at the scene of the crime in Scranton, Pennsylvania

June 2000 / 17
Violent Crimes Among Juveniles
Behavioral Aspects
By WILLIAM ANDREW CORBITT, M.S.
© PhotoDisc

T he United States is home to and nonnegligent manslaughter, and violent juvenile offenders tend
approximately 57 million forcible rape, robbery, and to develop behavior problems—
children under age 15 and aggravated assault)2 among juve- such as aggression, dishonesty,
nearly 20 million between 4 and 8 niles increased by 14.9 percent property offenses, and conflict with
years old. Experts believe that the from 1989 to 1998.3 In 1998, law authority figures—from childhood
teenage population may reach al- enforcement officers arrested more to adolescence.6 Parents, law en-
most 30 million by 2006.1 This than 1.8 million teenagers under age forcement officers, schools, and
population growth may partially ex- 18, representing 18 percent of all community organizations must rec-
plain why the United States has wit- persons arrested.4 Twenty-nine per- ognize the behavior patterns of de-
nessed a nationwide epidemic of ju- cent of these youths were arrested linquents to implement appropriate
venile violence in the past 15 years. for Crime Index offenses.5 crime prevention strategies.
More violent and troubled youth are Several factors—such as child
entering the juvenile justice system abuse, a difficult home life, and ex- CONTRIBUTING FACTORS
than ever before. posure to crime—can predict cer- Numerous variables affect chil-
Indeed, although crime rates tain types of future behavior. Al- dren during specific stages of their
have decreased across the United though these factors may adversely lives.7 During infancy, such factors
States, violent crimes (e.g., murder affect juvenile behavior, serious as sex, intellect, activity level,

18 / FBI Law Enforcement Bulletin


temperament, and attention span
may affect behavior. During the
toddler, or preschool, stage, chil-
dren may demonstrate risk-taking
and sensation-seeking behavior and
“ Communities and
law enforcement
agencies must
fail to show a sense of guilt or em- work together
pathy. In early adolescence, poor to support and
parental supervision, depression, mentor youths....
excessive sibling rivalry, peer rejec-


tion, or exposure to violence may
cause children to react negatively,
leading to violent behavior.8
Many juvenile delinquents lack Officer Corbitt serves with the University of
proper guidance and direction in Tennessee Police Department in Knoxville.
their lives. Because they are sub-
jected to multiple risk factors, these
children may become more violent. physical abuse victims; youths ex- delinquent conduct. This study
For example, in 1994, over 4 mil- posed to violence in the home, com- identified three paths that adoles-
lion American children lived in se- munity, or from television; and cent males may follow that lead to a
verely distressed homes or neigh- adolescents who use illegal drugs life of delinquency.15 The first
borhoods that contributed to violent and alcohol may have a higher route, the “authority conflict path-
tendencies among troubled juve- propensity for developing violent way,” starts prior to age 12, usually
niles.9 Additionally, the divorce tendencies. Further, consistent ex- begins with stubborn behavior, and
rate has increased over the past 20 perimentation with sexual activity continues with youths’ showing de-
to 30 years, and many experts sup- at a young age also may predict vio- fiance and disobedience. At this
port the “broken homes theory,” lent behavior.12 Finally, socioeco- point, adolescents demonstrate “au-
which implies that homes with one nomic factors such as poverty, thority avoidance”16 by staying out
parent absent—usually the father— severe deprivation of necessities, late, skipping school, or running
may contribute to future delinquent divorce or separation of parents, away from home.
behavior of children. Often, in situ- and family separation may have The second route, labeled the
ations without a positive male role a negative impact on impression- “overt pathway,” usually begins
model, mothers may have less con- able youth and lead to violent with minor aggressions, such as
trol and authority over their chil- tendencies.13 bullying or annoying others, then
dren, particularly boys. This theory progresses to physical fighting.
also maintains that a family with BEHAVIOR PATTERNS Sometimes adolescents fulfill their
only one parent present may have to For years, researchers have de- need to fight by joining gangs. The
reduce its standard of living and ul- veloped models depicting various final step in the overt pathway is
timately live in impoverished con- reasons for childhood delinquency. violence.
ditions that present an environment Early studies focused on biological In the third route, called the
for delinquent behavior.10 factors; however, experts now be- “covert pathway,” youths first may
Several studies suggest that a lieve that social and psychological show minor covert behavior, such
pattern of aggressive or intolerant factors influence delinquency, as as lying or shoplifting, and then
behavior may signal future prob- well. The current clinical model progress to property damage, such
lems.11 This type of behavior pre- factors in an individual’s personal- as vandalism or arson. Adolescents
vails in children ages 6 to 11 who ity type.14 One study concluded that then proceed to moderate or serious
participate in nonserious delinquent serious and violent juveniles differ offenses such as fraud, burglary, or
acts. Research shows that sexual or from typical youths involved in felony theft.

June 2000 / 19
One study found that male juve- students who demonstrate violent prevention strategies involving
nile offenders often live in large, tendencies, law enforcement agen- children, pushing for tougher
low-income families and may have cies can take a proactive approach weapon laws, implementing cur-
parents with criminal back- to help identify and minimize fews for youths, and adopting a zero
grounds.17 This study also revealed known risk factors that lead to juve- tolerance for alcohol and other
that parents of male offenders usu- nile violence. Police agencies can drugs can help achieve these goals.
ally supervise their children poorly assist schools in offering children Communities and law enforcement
and use harsh discipline techniques social competence training and dis- agencies must work together to sup-
that often cause conflict between cussing ways to resolve conflicts. port and mentor youths, as well as
the parent and the child. In school, For example, representatives from to help children overcome preexist-
these children demonstrate low lev- local law enforcement agencies, so- ing conditions that may later influ-
els of intelligence, behave poorly, cial service organizations, or the ju- ence their welfare.20
act impulsively, and associate with venile court system could familiar-
other known delinquents.18 Various ize teachers with known risk factors Government Programs
intervention strategies can help The Anti-Gang and Youth Vio-
lence Control Act of 1997 desig-


combat these behavior patterns.
nated $75 million for local jurisdic-
COUNTERMEASURES tions to disseminate in 1998. This
TO COMBAT JUVENILE ...serious and violent initiative, the Juvenile Mentoring
VIOLENT CRIME juveniles differ Program (JUMP), includes assis-
In order to gain control of the from typical tance from the U.S. Department of
current juvenile crime trend, law youths involved in Justice and may help combat tru-
enforcement agencies can assist delinquent conduct. ancy, school violence, and other ju-
schools and communities in imple- venile crime. Mentors with various


menting several countermeasures to backgrounds volunteer their time
reduce violent juvenile crimes. Cur- and develop a rapport with troubled
rent research indicates that many adolescents.21 By December 1998,
violent crime issues result from be- and behavior patterns of troubled over 3,000 youth were enrolled and
haviors that an individual has juveniles. Then, the school system actively involved in the JUMP
learned, as well as from human ele- could offer intervention through project.22 The Office of Juvenile
ments, such as age, sex, and socio- school counseling and organized Justice and Delinquency Prevention
economic status. Law enforcement educational activities. Students currently evaluates 93 projects
must recognize the importance of must feel that the school system funded under the JUMP program.
these factors when attempting to de- represents a safe place where they Both mentors and youths report that
termine the root cause of a problem. can confide in teachers and staff mentoring has been a positive expe-
Implementing effective early inter- members. rience. Specifically, the program
vention and progressive crime has helped youths avoid alcohol and
prevention strategies remains a key Community Involvement other drugs, fights, gangs, and re-
to reducing the current crime trend The community where a child frain from using guns or knives.23
among juveniles. lives also should offer a safe setting Other federal programs also
that promotes pride and a sense recognize the power and impor-
School Response of cohesiveness among the resi- tance of, as well as the need for,
School teachers and counselors dents. Local police departments youth leadership. For example, the
play a vital role in detecting known should help develop a commu- National Youth Network pairs ado-
risk factors that may lead to juvenile nity policing initiative and encour- lescents with adults through com-
delinquency. By training school age community involvement.19 De- munication, action groups, and
staff members to distinguish veloping neighborhood crime hands-on participation. 24 They

20 / FBI Law Enforcement Bulletin


encourage youth interaction with from becoming permanent fixtures from http://www.ncjrs.org/jjhome.htm;
local, state, and federal leaders. in the adult criminal justice system. accessed July 14, 1999.
7
Ibid.
This program’s missions include By monitoring early childhood 8
Ibid.
promoting youth activities through behavior, remaining aware of con- 9
J. D. Hawkins, J. Howell, B. Krisberg, and
the media and reaching out to non- tributing factors and warning signs J. J. Wilson, Serious, Violent & Chronic
affiliated youth, especially those in exhibited by delinquents, and dis- Juvenile Offenders, (Thousand Oaks,
California; Sage Publications, 1995), 10.
the juvenile justice system.25 cussing crime prevention tech- 10
A. Binder, D. Bruce, and G. Geis,
The Drug-Free Communities niques, parents, school officials, Juvenile Delinquency: Historical, Cultural,
Support Program combats youth and police officers can help de- Legal Perspectives (New York: MacMillan
substance abuse, creates an aware- crease the number of serious juve- Publishing Company, 1988), 89.
11
American Academy of Child and
ness about drug abuse, and offers an nile offenders. It is never too early Adolescent Psychiatry, Understanding Violent
alternative for troubled youth.26 It to establish crime prevention pro- Behavior in Children and Adolescents, 1997;
includes community support from grams, and it is never too late to available from http://www.pbs.org/wgbh/pages/
parents, other adolescents, busi- intervene in the life of a troubled frontline/shows/little/readings/violent.html;
accessed July 14, 1999.
nesses, schools, law enforcement, youth. 12
Supra note 6.
media, health care professionals, © Digital Stock
13
Supra note 11.
and volunteer groups. This program 14
D. Musick, An Introduction to the
encourages citizen participation in Sociology of Juvenile Delinquency (Albany,
NY: State University of New York Press, 1995),
reducing substance abuse and dis- 87.
seminating information about effec- 15
Supra note 6.
tive programs. Law enforcement 16

17
Supra note 6.
agencies and communities should J.D. Hawkins, Delinquency and Crime
(Cambridge, England: Cambridge University
work together to create these types Press, 1996), 69.
of programs in their areas. 18
Ibid.
19
Supra note 6.
20
Supra note 9, 53.
CONCLUSION 21
U.S. Department of Justice, Office of
Recent research traces violent Juvenile Justice and Delinquency Prevention,
juvenile behavior to human and so- “Justice Department Grant Program to Help
Steer Youth Away from Crime and Drug Use,”
cial elements rather than attributing
April 1997, available from http://www.ncjrs.
it solely to biological factors. Influ- org/prcrime.htm; accessed July 14, 1999.
ences such as community environ- Endnotes 22
U.S. Department of Justice, Office of
ment, economics, parental care, and 1
John Dilulio, Jr., and Gary Walker, “The Juvenile Justice and Delinquency Prevention,
Four M’s of Fighting Crime;” available from “Juvenile Mentoring Program,” December
school involvement now appear to
http://www.pbs.org/wgbh/pages/frontline/ 1998; available from http://www. ncjrs.org/
help determine violent behavior shows/little/readings; accessed July 14, 1999. pdffiles1/952872.pdf; accessed November 8,
among adolescents. Therefore, 2
U.S. Department of Justice, Federal 1999.
countermeasures, such as increased Bureau of Investigation, Uniform Crime 23

24
Ibid.
Reports: Crime in the United States 1998 U.S. Department of Justice, National
parental and community involve-
(Washington, DC, 1999), 5. Youth Network, “National Youth Network
ment, the implementation of crime 3
Ibid., 220. Vision and Mission,” January 1998; available
prevention strategies, and interven- 4
Ibid. from http://www.usdoj.gov/kidspage/
tion of school personnel, can help 5
Ibid., 210. The FBI classifies murder and getinvolved/8.htm; accessed July 14, 1999.
25
nonnegligent manslaughter, forcible rape, Ibid.
lower the juvenile crime rate. Be- 26
robbery, aggravated assault, burglary, larceny- U.S. Department of Justice, Office of
cause the number of violent juve- theft, motor vehicle theft, and arson as Crime National Drug Control Policy and Office of
nile offenders has increased at such Index offenses. Juvenile Justice and Delinquency Prevention,
a rapid pace, law enforcement agen- 6
U.S. Department of Justice, Office of “Drug-Free Communities Support Program,”
Juvenile Justice and Delinquency Prevention, September 1998; available from http://
cies must develop and implement www.ncjrs.org/ojjdp/drugfree/support.html;
“Serious and Violent Juvenile Offenders,”
comprehensive strategies to help Office of Juvenile Justice and Delinquency accessed July 14, 1999.
deter violent juvenile offenders Prevention Juvenile Justice Bulletin; available

June 2000 / 21
FBI Law Enforcement Bulletin
Call For Authors

Why Should You Publish an Article? well known. Authors should study several
• Allows you to share your experiences issues of the magazine to ensure that their
writing style meets the Bulletin’s require-
• Provides you with a wider audience ments. Most important, authors should
• Increases your credibility contact the Bulletin staff for the expanded
• Enhances your professional image author guidelines, which contain additional
specifications, detailed examples, and effec-
What Should You Write About? tive writing techniques.
Write about topics that interest you. Write The Bulletin judges articles on relevance
about problems that you, your department, or to the audience, factual accuracy, analysis of
community have solved. Possible topics the information, structure and logical flow,
include— style and ease of reading, and length. The staff
edits all manuscripts for length, clarity, format,
• administrative/personnel issues; and style.
• crime problems and solutions; The Bulletin generally does not publish
• domestic violence; articles on similar topics within a 12-month
period or accept articles previously published
• drugs; or currently under consideration by other
• equipment; magazines. Because it is a government publi-
• ethics; cation, the Bulletin cannot accept articles that
advertise a product or service.
• environmental crimes;
• firearms; How Do You Submit an Article?
• future of policing; • Send a query letter and short outline or
• information resources; • Submit a completed manuscript to—
Editor, FBI Law Enforcement Bulletin
• investigative techniques;
FBI Academy, Quantico, VA 22135
• juveniles; Telephone: 703-632-1952
• leadership/management concerns; E-mail: leb@fbiacademy.edu.
• negotiation/interviewing skills;
The Bulletin staff will review queries and
• police-community relations; articles and advise the authors of acceptance
• technology; and or rejection. The magazine cannot guarantee a
publication date for accepted articles
• training.
Authors should submit three copies of
How Do You Write an Article? their articles typed and double-spaced on
8 1/2- by 11-inch white paper with all pages
Authors should write in third person and numbered. When possible, authors should
use active voice. They should supply references include an electronic version of the article
when quoting a source exactly, citing or saved on computer disk. A photograph of the
paraphrasing another person’s work or ideas, or author(s) should accompany the article.
referring to information that generally is not

22 / FBI Law Enforcement Bulletin


A Medical Model for
I n the past, doctors had closer
relationships with their pa-
tients than they do now. They
knew them all by name, and they
even made house calls. Today, the
Community Policing
By JOSEPH A. HARPOLD, M.S.
practice of medicine has given way
to health maintenance organiza-
tions, where doctors may see hun-
dreds of patients and may never get
to know them on a first-name basis.
American policing has evolved in
much the same manner. The desire
to create an ethical and efficient po-
lice force moved officers from foot
beats to patrol cars. The pendulum
has swung back as police depart-
ments adopt community policing
principles.
Although the small-town doc-
tor may have become a relic, police
departments would do well to take
their cues from the medical profes-
sion.1 Physicians know a great deal
about disease and the nature of inju-
ries; they treat patients based on the
collective knowledge and experi-
ence in the treatment of illness.
They observe the symptoms present
in the patient, diagnose the disease,
prescribe the treatment, then moni-
tor the patient’s progress. At the
same time, they practice preventive
medicine and educate the public. To
treat the causes of illness in the
community, the police must do the well-maintained structures, the in- their own” without involving the
same.2 tegral neighborhood shows a high police. In the diffuse neighborhood,
level of pride. Law-abiding citizens residents have a great deal in com-
The Anatomy of visibly interact, indicating a strong mon but rarely interact. This may
a Healthy Community internal support system in the limit their ability to quickly per-
The police first must under- neighborhood. Residents also have ceive and react to problems.
stand what defines a healthy com- a link to outside organizations, As its name implies, the step-
munity in order to learn what which helps them solve problems. ping-stone neighborhood serves
threatens its health. Six types of Residents in the parochial as a stepping stone for many resi-
neighborhoods exist that exhibit neighborhood have homogeneous dents. Small single-family resi-
various levels of well-being.3 With values and cultures. They insulate dences, townhouses, and apart-
its well-manicured lawns and themselves and try to “take care of ment buildings characterize this

June 2000 / 23
neighborhood. Although residents In their ground-breaking article communities, a patrol officer who
tend to move out quickly, they get “Broken Windows,” James Q. Wil- sees or hears of graffiti pages a pub-
involved in community organiza- son and George Kelling indicate lic works employee who immedi-
tions and assume leadership posi- that broken windows measure the ately paints over the graffiti. This
tions. In transitory neighborhoods, amount of pride and self-esteem in action sends a message that people
residents either move frequently or a community.4 In healthy neigh- care and that a support system exists
have so little in common that the borhoods, residents fix windows to ensure community health.
community lacks consensus and co- quickly; in deteriorated neighbor-
hesion. As neighbors isolate them- hoods, it takes a little longer. In The Patient’s Medical History
selves, it becomes more difficult to the worst neighborhoods, broken Once they understand how dis-
improve conditions, which have be- windows give way to boarded-up ease attacks the patient’s anatomy
gun to deteriorate. Isolation and and abandoned buildings. Police and support system to produce vari-
alienation characterize the anomic agencies recognize that when ous symptoms, the police can sys-
neighborhood, where residents broken windows remain unfixed, tematically get to know the patient,
have accepted criminal victimiza- crime problems left untreated fester just as the family physician collects
tion as a way of life. Still, such and develop into cancer. Its symp- a medical history. This involves a
communities remain susceptible to toms manifest in repeat calls for four-step process.
outside influences, both bad and service. First, sociodemographic data—
good. A lack of defined leadership Yet, just as doctors can detect for example, level of income, edu-
makes problem solving difficult, cancer early and prevent it from cation, and community resources—
but not impossible. spreading, police can work in com- available from the U.S. Census
As these neighborhoods illus- munities to influence the variables Bureau provide important informa-
trate, the existence of a strong that threaten community pride and tion on crime.5 Generally, a decline
support system and high levels of self-esteem. Early treatment can in sociodemographics creates a rise
pride and self-esteem represent the keep the community from becom- in reported crime, reflecting the on-
core of a healthy community. ing ill. For example, in some set of disease in the patient. When
sociodemographics improve, a
healthier patient results.
In addition to a community


analysis, a medical history also re-
quires comparative crime analysis.
...police Crime analysis requires collecting,
departments categorizing, analyzing, and dis-
seminating to line personnel timely
would do well to and useful information that de-
take their cues scribes crime patterns, crime trends,
from the medical and potential suspects. Community
profession. surveys and citizen interviews com-
plete the four-step process. How do


the patients themselves say they
feel?
Based on the knowledge of the
Special Agent Harpold is an instructor in the patient’s medical history and the
Behavioral Science Unit at the FBI Academy. doctor’s expertise in anatomy and
disease symptomology, the doctor
can diagnose illnesses in the

24 / FBI Law Enforcement Bulletin


patient. Other members of the po- Intensive Care Preventive Medicine
lice department—as well as other Intensive care involves the ap- Doctors know that patients who
governmental, public, and private plication of governmental, public, take care of themselves will be less
organizations—represent the spe- and private services in one location. vulnerable to infection, and at the
cialists that patrol officers may need Neighborhood Network Centers, same time, patients who do get sick
to call for particular expertise to sometimes called Community Cen- can recover more quickly and com-
treat the patient. ters, serve communities with a per- pletely. So, primary-care physicians
manently assigned police officer advocate that their patients eat
The Prescription and other agencies’ representatives right, exercise, get enough sleep,
The medical team should con- assigned part time. Police execu- take vitamins, and give up harmful
sider every means available to treat tives should make it clear that once practices, such as smoking and ex-
patients, including traditional and the treatment resuscitates the cessive drinking.
nontraditional responses, as well as Preventive medicine also con-
both reactive and proactive strate- stitutes an important part of the po-


gies. Just as doctors use seemingly lice treatment methodology. The
threatening methods, such as police should advocate crime pre-
defibrillation and chemotherapy, to vention practices, such as Neigh-
save lives, the police must perform
Preventive
medicine also borhood Watch, in the communities
similar operations. Their methods they serve. While such programs do
involve search and seizure, arrest, constitutes an not make neighborhoods impervi-
use of lethal force, and the like. important part of ous to crime, they can create an in-
Oftentimes, however, these meth- the police ternal support system that makes
ods treat the symptoms of the dis- treatment the community stronger in the fight
ease rather than the illness itself. against disease. They also help edu-
Thus, the police must apply a full
methodology.
cate the public.


range of treatments to solve the un-
derlying problem and end repeat Health Education
calls for service. Community education repre-
At the same time, the doctor neighborhood, the other agency sents a crucial component in help-
must evaluate the patient to ensure representatives will return to their ing patients share responsibility for
that the prescribed treatment works. offices, where citizens may contact their own health as well as defining
By conducting surveys and inter- them on an as-needed basis. Other- the legal boundaries for their behav-
views, performing crime analyses, wise, residents may become depen- ior. Community policing should
and using other evaluation tools, the dent on the care instead of strength- create citizens who are vigilant, not
police can assess the effectiveness ening their support systems so they vigilantes.
of their approaches. A computer- can take care of themselves. Of One of the best vehicles for
aided dispatch system, for example, course, the police remain in the educating the community, Neigh-
can flag repeat calls for service to neighborhood and can serve as liai- borhood Watch should broaden to
the same location. If the police con- sons between the other agencies and include problems other than crime
stantly scan for problems and look the residents. and also may include social events
for symptomology reflected in re- Intensive care represents the and other activities that result in a
peat calls to particular locations, extreme, a last resort to save a sense of community. The police
they may be better able to restore neighborhood from death. Before must not let anonymity creep be-
the patients to health before neigh- implementing this approach, the po- tween the doctor and the patient and
borhoods deteriorate so badly that lice should help residents practice among the patients themselves. In-
they require intensive care. preventive medicine. teraction among law-abiding

June 2000 / 25
citizens on a regular basis provides Bedside Manner need to change the way they recruit,
an important indicator of health. In Doctors have come to realize hire, and promote their officers.
the sickest neighborhoods, resi- that convincing patients to follow They may need to purposefully se-
dents do not even know who lives their treatment or preventive lect officers who live with a golden-
next door. medicine directives requires a rela- rule, or service-oriented, mindset.
The Citizen Police Academy tionship based on mutual respect. At the same time, training officers
has become another effective com- Likewise, police officers need the to perform in this manner and re-
munity education tool. This pro- appropriate bedside manner to de- warding such performance can in-
gram allows the police to select velop a proper relationship with fluence their behavior. Perhaps the
community leaders to learn not only citizens. In policing, appropriate most dramatic change may come to
what the police do but, more impor- bedside manner means treating ev- those who realize that their next pay
tant, why they do it. It provides two- eryone with courtesy and respect raise depends on citizens’ evalua-
way communication in a nonthreat- unless they prove that they do not tion of their bedside manner.
ening environment, raises the image
Physician, Heal Thyself


of the police in the eyes of the com-
munity, and gives the police the op- Police agencies need to be
portunity to develop a relationship healthy before they can treat the
with citizens that parallels the doc- Ongoing training community’s illnesses and injuries.
tor-patient relationship. Rather than remains one of the Signs of good health include pride,
blame the doctor when they become best ways to defend self-esteem, quality leadership,
ill, patients share in the responsibil- comprehensive training, and board
ity for their own health.
against liability certification. Officers also should
Either alone or in conjunction lawsuits, the police receive continual training in state-
with Neighborhood Watch, Citi- officer’s equivalent of-the-art responses based on cur-
zens on Patrol programs help com- of malpractice. rent research. Ongoing training
munity members share responsibil- remains one of the best ways to


ity for a healthy neighborhood. defend against liability lawsuits,
Residents become the eyes and ears the police officer’s equivalent of
of the police in their neighborhoods malpractice.
and report suspicious or criminal deserve it; it means taking a few
activity to the police via radios or extra minutes to educate citizens; it Conclusion
cellular phones. means not treating people in a pa- Doctors who make house calls
Blending program concepts of- tronizing manner. And, according may no longer exist, but when citi-
ten involves unique community to the Coosbay, Oregon, Police De- zens call the police, they expect an
education issues. For instance, a partment’s policy, bedside manner officer to show up at their door.
few years ago, the National Sher- means taking the time at the end of a Unfortunately, merely coming
iffs’ Association blended the con- call to ask, “Is there anything else when called will not cure a
cepts of Neighborhood Watch and we can do to make you feel safer community’s ills. The police can
Victim Assistance. At Neighbor- today?” Proper bedside manner of- follow the lead of the medical pro-
hood Watch meetings, neighbors ten requires that police officers ask fession to treat and prevent disease
volunteer to provide such services themselves if they would desire the in the communities they serve.
as cooking, driving, and baby-sit- same treatment. It requires “naively With a knowledge of the
ting to neighbors who have been listening”6 to patients, and if they patient’s anatomy and medical his-
victimized. In doing so, residents make a plausible, cost-effective tory and analysis of the disease’s
require fewer outside services and suggestion, implementing it. symptoms, the police can work
also take responsibility for one an- In order to cultivate appropriate with other specialists in the commu-
other in times of crisis. beside manner, police agencies may nity to diagnose illnesses, prescribe

26 / FBI Law Enforcement Bulletin


medication, and evaluate the treat- Medical Analog to Community Policing,” in 5
See R.L. Depue, “Community Analysis
Organizational Issues, ed. J.T. Reese and R.M. Worksheet,” in A Manual for the Establishment
ment plan. They also can educate
Solomon (Quantico, VA: U.S. Department of and Operation of a Foot Patrol Program, ed.
their patients and convince them Justice, Federal Bureau of Investigation, 1996), R. C. Trojanowicz and P.R. Smyth (E. Lansing,
to practice preventive medicine. In 319-333. MI: The National Neighborhood Foot Patrol
addition, they should remain well- 2
For a comparison of policing to medicine, Center, Michigan State University, School of
see, e.g., R. Trojanowicz and B. Rucqueroux, Criminal Justice, 1984), 37-47.
versed on the latest diseases 6
Community Policing: A Contemporary T. Peters and N. Austin, A Passion for
and treatment techniques. Finally, Perspective (Cincinnati, OH: Anderson, 1990), Excellence: The Leadership Difference (New
and perhaps most important of 35-38; and H. Goldstein, Problem-oriented York: Random House, 1985), 13-17. In their
all, they always should demonstrate Policing (New York: McGraw-Hill, 1990), book, the authors credit the chairman of
106. Allergan with pioneering this business practice,
an appropriate bedside manner 3
Rachelle B. Warren and Donald I. Warren, which involves getting direct feedback from
and always practice what they The Neighborhood Organizer’s Handbook customers in their own words.
preach. (Notre Dame, IA: University of Notre Dame
Press, 1977), 92-124.
Endnotes 4
James Q. Wilson and George L. Kelling,
1
This article was adapted from J.A. “Broken Windows,” The Atlantic Monthly,
Harpold, “A Community Doctoring: A March 1982, 29-38.

The Bulletin’s
E-mail Address

T he FBI Law Enforcement Bulletin staff invites


you to communicate with us via e-mail. Our
Internet address is leb@fbiacademy.edu.
We would like to know your thoughts on
contemporary law enforcement issues. We
welcome your comments, questions, and
suggestions concerning the magazine.
Please include your name, title, and
agency on all e-mail messages.
Also, the Bulletin is available
for viewing or downloading on a
number of computer services,
as well as the FBI’s home page.
The home page address is
http://www.fbi.gov.

June 2000 / 27
Legal Digest

Flight as Justification in criminal behavior, to detain that


subject while the officer conducts
further reasonable investigation.5
for Seizure Not all temporary investigative de-
tentions are the same. What the law
Supreme Court Rulings enforcement officer does during the
detention to confirm or allay
By MICHAEL E. BROOKS, J.D. the officer’s suspicions depends
© Mark C. Ide
upon the facts of each particular
detention.6
The length of the detention is
limited to the reasonable time nec-
essary to investigate the officer’s
suspicions. 7 Therefore, officers
who have not developed probable
cause to justify an arrest, or who
have not allayed their suspicions,
may be required to release a tempo-
rary detainee after a reasonable
time.8 As a general rule, temporary
detainees should not be moved.9 A
temporary detention alone does not
justify a search of the detainee’s
person or the area within the
detainee’s immediate control. How-
ever, a reasonable suspicion, also
based upon articulable facts and
circumstances, that the detainee is
armed justifies a frisk of the
detainee’s outer clothing for
weapons.10
The reasonableness of Fourth
Amendment seizures depends upon

T he Fourth Amendment to
the U.S. Constitution pro-
hibits government agents
from conducting unreasonable sei-
police is not a Fourth Amendment
seizure. 2 Voluntary contact in-
cludes a police officer approaching
an individual and simply asking
the amount of knowledge that the
seizing officer possesses at the time
of the seizure. An arrest requires
that the officer has probable cause
zures. The U.S. Supreme Court has questions.3 Temporary investiga- to believe the subject arrested is
ruled that a Fourth Amendment sei- tive detentions are among the law committing or has committed a
zure of a person only occurs when a enforcement actions, other than ar- crime. A temporary investigative
government agent intentionally rests, that have been held to consti- detention is reasonable when the of-
uses physical force or a show of tute Fourth Amendment seizures.4 ficer has reasonable suspicion,
authority so that a reasonable per- A temporary investigative de- based upon articulable facts and cir-
son would not feel free to leave or to tention allows a law enforcement cumstances, that the detainee has
end the encounter.1 Voluntary con- officer, with reasonable suspicion been or is engaged in criminal
tact between an individual and the to believe that a subject is engaged behavior.11

28 / FBI Law Enforcement Bulletin


What facts are sufficient to con-
stitute the reasonable suspicion nec-
essary to temporarily detain some-
one? Can an individual’s flight
from an officer, upon the individual
“ The length of the
detention is
limited to the
becoming aware of the officer’s reasonable time
presence, justify the officer pursu- necessary to
ing the individual and detaining the investigate the
individual against the individual’s officer’s
will? The Supreme Court recently suspicions.
addressed this issue in the case of
Illinois v. Wardlow12 providing both
guidance and additional questions
for the law enforcement officer.
Illinois v. Wardlow
Appellate Court of Illinois ruled
” Special Agent Brooks is a legal
instructor at the FBI Academy.

nothing more than a refusal to agree


On September 9, 1995, police
officers were driving a four-car that flight alone does not justify an to a voluntary conversation and
caravan through an area of Chicago investigative detention. The court held that no inference could be
known for heavy narcotics traffick- said that despite the fact that the drawn from it. Therefore, the Illi-
ing. Two uniform officers in the last officers were in a “high narcotics nois Supreme Court ruled that the
car of the caravan observed William traffic” area, there was no testi- trial court erred in allowing the of-
Wardlow standing on the sidewalk mony that the actual location where ficer to consider the flight in finding
holding an opaque bag. Wardlow Wardlow was standing when he a reasonable suspicion of Wardlow
looked in the direction of the of- was first observed was a “specific being involved in criminal activ-
ficers and immediately fled. The of- area of narcotics activity.” Without ity. 16 The U.S. Supreme Court
ficers gave chase and caught such testimony, the Appellate Court agreed to hear Illinois’ appeal.
Wardlow. One of the officers justi- of Illinois decided the trial court
fied conducting a frisk for weapons, was in error in finding a reasonable Supreme Court Holding
due to his experience that weapons suspicion that Wardlow was en- Chief Justice Rehnquist, writ-
were commonly present in the vi- gaged in criminal activity.14 ing for a 5-4 majority of the Court,
cinity of narcotics transactions. The On further appeal, the Illinois noted that the officers were bound
officer found the opaque bag, Supreme Court disagreed with the by the Terry standard of reasonable
squeezed it, and felt a hard object in Appellate Court of Illinois and suspicion in effecting their investi-
the shape of a gun. The officer ruled that the officers could con- gative detention of Wardlow, and
opened the bag and found a loaded sider the common criminal activity that reasonable suspicion must be
handgun. Wardlow was then ar- in the area where Wardlow was first based on something more than an
rested for a weapons violation.13 observed. However, unlike the Ap- “inchoate and unparticularized sus-
At trial, Wardlow moved to pellate Court of Illinois, the Illinois picion or ‘hunch’ of criminal activ-
suppress the weapon by arguing Supreme Court concluded that sud- ity.” 17 The Court noted that
that his detention and the subse- den unexplained flight, even in a Wardlow’s mere presence in an
quent frisk were unreasonable un- high-crime area, may not be consid- area of expected criminal activity
der the Fourth Amendment. The ered in determining if there is a rea- was insufficient justification of a
trial court held that the officer’s ac- sonable suspicion of criminal activ- reasonable suspicion of criminal ac-
tions were a lawful stop and frisk. ity that justifies a temporary tivity.18 However, unlike the Ap-
However, two Illinois appeals detention.15 The Illinois Supreme pellate Court of Illinois, the Court
courts reversed. The First District Court viewed Wardlow’s flight as ruled his presence in a high-crime

June 2000 / 29
area was a relevant fact which the there was another factor besides the test, which officers must meet to
officers could consider in deciding flight—the presence in the high- justify reasonable suspicion or
if there was a reasonable suspicion crime area—and together these two probable cause.24 Under such a test,
that Wardlow was involved in factors justified the reasonable sus- it is unlikely that the Supreme Court
criminal activity.19 picion of criminal activity. ever will hold that any one particu-
The Court then held that unex- Justice Stevens said in a dissent lar factor always justifies a reason-
plained flight, upon noticing the po- that the majority had refused to able suspicion of criminal activity
lice, is a pertinent factor in deter- adopt both the Illinois Supreme in all circumstances. For example,
mining if reasonable suspicion Court holding that unexplained an individual wearing a ski mask
exists. The Court noted that its ear- flight is never a justification for a outside a bank normally gives rise
lier decisions had recognized ner- reasonable suspicion of criminal ac- to a reasonable suspicion of crimi-
vous behavior as a pertinent factor tivity, and the opposing view that nal activity. But what if it is January
in such a determination.20 Justice unexplained flight alone is always in Minnesota? Likewise, an indi-
Rehnquist rationalized that, “head- justification for such a suspicion. vidual who unexplainedly flees
long flight—whenever it occurs— Clearly, the majority decision re- upon noticing a police officer nor-
is the consummate act of evasion: it jected an absolute ban on the use of mally arouses a suspicion of crimi-
is not necessarily indicative of nal activity. However, an individual


wrongdoing, but it is certainly sug- in running clothes stretching on a
gestive of such.... The determina- street corner who begins to run at
tion of reasonable suspicion must the approach of an officer does not
be based on common sense judg- A temporary arouse such a suspicion. The total-
ments and inferences about human detention alone does ity of the circumstances test is just
behavior.”21 He noted that while not justify a search that—consideration of all of the
there are innocent reasons for flight circumstances.
from police, the standard of knowl- of the detainee’s What other factors, aside from
edge for an investigative detention, person or the area presence in a high crime area, will,
reasonable suspicion, does not re- within the detainee’s in conjunction with unexplained
quire absolute proof of criminal ac- immediate control. flight, justify a reasonable suspi-
tivity. The Fourth Amendment re- cion of criminal activity in light of


quires reasonable action by the the Wardlow holding? What if a law
police; it does not require that ev- enforcement officer encounters a
eryone who is temporarily detained group of individuals in a low-crime
be guilty of a criminal offense.22 For unexplained flight as a factor in jus- area? If they flee upon seeing an
these reasons, the Illinois Supreme tifying reasonable suspicion. How- officer, is the officer justified in
Court ruling was reversed. ever, it did not decide the issue of temporarily detaining them in an at-
whether unexplained flight alone tempt to determine why they fled?
Totality of Circumstances constitutes reasonable suspicion of Individuals in a low-crime area may
The most important lesson for criminal activity. Instead, under the arguably have less reason to flee
law enforcement to learn from the Wardlow facts, the majority of the upon the sight of the police without
Wardlow decision is that the Su- Supreme Court adopted a middle having the desire to avoid the detec-
preme Court did not hold that unex- ground that unexplained flight is a tion of criminal activity, than do
plained flight from the police, in factor that an officer may use in individuals in a high-crime area
and of itself, is a sufficient justifica- developing a reasonable suspicion where public opinion of the police
tion for a temporary detention. A of criminal activity that will justify may be less favorable.25 Officers
close reading of the majority deci- a temporary detention.23 still must articulate all of the facts
sion reveals that the Supreme Court This continues the long-stand- that led to their suspicion of crimi-
did not address this issue because ing “totality of the circumstances” nal activity. Officers cannot simply

30 / FBI Law Enforcement Bulletin


list the unexplained flight and as- In Wardlow, the frisk of his per- may consider the flight in the total-
sume that because of the Wardlow son and the opaque bag only could ity of circumstances in deciding if
decision the flight alone will be be justified by the fact that there is a reasonable suspicion of
enough. Wardlow was in an area known for criminal activity.
The Wardlow decision does not “heavy narcotics trafficking” com- Reasonable suspicion (in the
affect the law regarding frisks for bined with the officer’s experience case of temporary detentions) and
weapons during temporary deten- that guns are prevalent in such ar- probable cause (in the case of ar-
tions.26 The law is clear that the rea- eas.33 The law enforcement admin- rests) is determined by what the of-
sonable suspicion of criminal activ- istrator must insure that officers un- ficer knows at the time a seizure is
ity that justifies a temporary derstand the Terry standards of made. Therefore, it is important to
detention does not, by itself, also reasonable suspicion for both a tem- know when a seizure occurs. The
justify a frisk for weapons.27 To jus- porary investigative detention and Supreme Court considered this is-
tify such a frisk, the officer must for a frisk for weapons as part of sue in California v. Hodari D.,36 the
articulate specific facts and circum- that same temporary detention. facts of which are remarkably simi-
stances justifying the officer’s rea- © Mark C. Ide lar to Wardlow. Two Oakland offi-
sonable suspicion that the detainee cers wearing police jackets were pa-
is armed.28 trolling a high-crime area in an
A frisk for weapons, based unmarked vehicle and came upon a
upon a reasonable suspicion that the group of youths standing at a ve-
detainee is armed, must be limited hicle. The youths and the vehicle
to just that—a pat-down search for fled at the appearance of the police
weapons on the detainee’s person vehicle. The officers gave chase
and within the detainee’s area of and one officer was able to flank
immediate control.29 If the detained Hodari, who then tossed away what
individual is in a vehicle and a law appeared to be a “rock.” Hodari was
enforcement officer has a reason- captured, and the rock turned out to
able suspicion to believe the indi- be crack cocaine.
vidual is armed, the Supreme Court California state appellate courts
has ruled that the frisk for weapons ruled that the seizure of Hodari oc-
may be expanded to include the pas- curred when Hodari saw the officer
senger compartment of the ve- running towards him, before he
hicle.30 This is justified by the fact The Wardlow decision does not tossed the “rock.” California con-
that the officer may have to let the change in any way the law concern- ceded that the officer did not have a
detainee get back into the vehicle if ing an individual’s rights and obli- justifiable reasonable suspicion of
probable cause is not developed gations when confronted by the po- criminal activity until Hodari threw
during the detention. During a frisk lice. An individual still is the “rock.”37 Therefore, the U.S.
for weapons, suspicious items may constitutionally justified in refusing Supreme Court only addressed the
only be further examined if the of- to engage in a voluntary conversa- issue of when the seizure occurred,
ficer has a reasonable suspicion to tion with a police officer.34 Unless not whether Hodari’s flight justi-
believe that the item is a weapon or the officer can articulate a reason- fied reasonable suspicion of crimi-
if the officer immediately recog- able suspicion that the person is in- nal activity. Justice Scalia, writing
nizes it to be contraband or other volved in criminal activity, the of- for a 7-2 majority, held that the sei-
evidence of criminal activity.31 A ficer may not prevent the individual zure did not occur until the officer
frisk of a vehicle must be limited to from leaving such an encounter.35 gained control of Hodari, not when
those areas where an officer could All Wardlow adds to the law in this the chase began. In that light, the
reasonably expect a weapon to be area is that if the individual flees, detention was reasonable because at
located.32 instead of walking away, the officer the time the officer caught Hodari,

June 2000 / 31
the officer had already observed 4

5
Terry v. Ohio 392 U.S. 1, 19 (1968). 25

26
Id. at 680-81, Justice Stevens dissenting.
Id. at 22. Id. at 676.
Hodari throw the “rock.”38 6 27
Id. at 27. Terry v. Ohio, at 24; Adams v. Williams,
7
United States v. Montoya de Hernandez at 146.
Conclusion 473 U.S. 531, 543 (1985). 28
Id.
Law enforcement administra- 8
United States v. Place 462 U.S. 696, 709- 29
Michigan v. Long 463 U.S. 1032 (1983).
30
tors must continue to evaluate their 10 (1983). Id. at 1049.
9 31
Hayes v. Florida 470 U.S. 811, 814 Minnesota v. Dickerson 113 S. Ct. 2130,
policies concerning what actions (1985). 2139 (1993).
are appropriate when an individual 10
Terry v. Ohio, at 24. 32
Michigan v. Long, at 1049.
flees upon the approach of a police 11
Id. at 21. 33
The U.S. Supreme Court did not decide if
12
officer. Officers must be instructed 120 S. Ct. 673 (2000) the frisk of Wardlow was justified because that
13
Id. at 674-75. issue was not before it.
to note all pertinent facts observed 14
People v. Wardlow 678 N.E.2d 65, 67 (Ill. 34
Florida v. Royer 460 U.S. 491, 498
both before and during any chase. App. 1 Dist. 1997). (1983).
These facts are essential to support 15
People v. Wardlow 701 N.E.2d 484, 486 35
Id. at 505.
36
a reasonable suspicion of criminal (Ill. 1998). 499 U.S. 621 (1991).
16 37
Id. at 486-87. Id. at 623.
activity necessary to justify a tem- 17
Illinois v. Wardlow supra. at 676. 38
Id. at 626.
porary investigative detention. 18
Id. citing Brown v. Texas 443 U.S. 47
(1979). Law enforcement officers of other than
19
Id. citing Adams v. Williams 407 U.S. 143 federal jurisdiction who are interested in
Endnotes (1972). this article should consult their legal
1
United States v. Mendenhall 446 U.S. 544, 20
Id.
advisors. Some police procedures ruled
21
permissible under federal constitutional law
554 (1980). Id. are of questionable legality under state law
2 22
Florida v. Bostick 501 U.S. 429, 434 Id. at 677. or are not permitted at all.
23
(1991). Id.
3 24
Id. Id. at 682, Justice Stevens dissenting.

Officers Mike Walsh and Jeff Elvish of the Thunder


Bay, Ontario, Police Department responded to a call that
a woman was attempting to commit suicide. After
swimming in frigid water to an abandoned concrete dock
piling, the woman had slit her wrists and was waiting for
hypothermia and the loss of blood to take her life. As the
officers attempted to talk with the female, she began to
cut deeper into her wrists. Officers Walsh and Elvish
shed their heavy gear and swam through the icy water in
time to grab the female before she was taken by the swift
Officer Walsh Officer Elvish current. The officers administered first aid to stop the
bleeding and held onto her until additional rescue
personnel arrived with a boat. The courage and selfless
actions of these officers saved the woman’s life.

32 / FBI Law Enforcement Bulletin


The Bulletin Notes
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. The Bulletin also wants to recognize
their exemplary service to the law enforcement profession.

Officers Raymond Rosania and Michael Corcoran


of the West Orange, New Jersey, Police Department
discovered a structure fire at a residence. After hearing
moans coming from the rear of the dwelling, Officers
Rosania and Corcoran entered the burning residence
unprotected. The officers avoided the debris falling
inside the house and the life-threatening conditions
from the intense fire to successfully locate a victim and
lead him to safety. The dedication and courage exhib-
ited by Officers Rosania and Corcoran saved the man’s
Officer Rosania Officer Corcoran life.

During the early morning hours, Officer Robert Heisser of the Latana,
Florida, Police Department determined that a middle-aged male with a
physical handicap was in distress in the ocean. Without hesitation, Officer
Heisser removed his duty belt and swam 50 yards out to the subject in the
dark. Officer Heisser called out to the subject and, receiving no response and
seeing the subject go
underwater, grabbed
hold of him to keep him Nominations for the Bulletin Notes should be based
above the surface. After on either the rescue of one or more citizens or
calming the subject, arrest(s) made at unusual risk to an officer’s safety.
Submissions should include a short write-up
Officer Heisser Officer Heisser swam (maximum of 250 words), a separate photograph of
back to shore holding each nominee, and a letter from the department’s
ranking officer endorsing the nomination. Submis-
the subject in his arms. Due to Officer sions should be sent to the Editor, FBI Law Enforce-
Heisser’s courageous actions that went ment Bulletin, FBI Academy, Madison Building,
beyond the call of duty, as well as his nonjob- Room 209, Quantico, VA 22135.
related training in rescue diving, the subject’s
life was saved.
U.S. Department of Justice Periodical
Federal Bureau of Investigation Postage and Fees Paid
Federal Bureau of Investigation
935 Pennsylvania Avenue, N.W. ISSN 0014-5688
Washington, DC 20535-0001

Official Business
Penalty for Private Use $300

Patch Call

The components of the Victoria, Australia, Police The patch of the Florence, Oregon, Police Depart-
Force patch depict the crown—the symbol of Royal ment portrays several of the area’s features, such as
Authority—which indicates that the force is part of an the sandy beaches, great ocean views, and abundance
organization of Her Majesty, the Queen; the laurel of sunshine. An unusual bridge that spans the Siuslaw
wreath, which symbolizes valor; and the five-point River decorates the lower part of the patch and the
star, which denotes the multiplicity of police duties. rhododendron bush, which blooms in great profusion
The circular title band bears the title of the service to each year with its many bright colors, adorns the right
which the wearer belongs; the center piece represents side of the patch.
the constellation of the Southern Cross; and the motto
“Uphold the Right” typifies the force’s role in society
and signifies the basis of each member’s duty.

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