Professional Documents
Culture Documents
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.
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
“
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
Subscribe Now
June 2000 / 5
Focus on Corrections
© Digital Stock
Correctional Criminal
Investigators
The New Cops on the Beat
By William R. Bell
”
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
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
“
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
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.
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,
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,
”
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
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
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
“
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
The Bulletin’s
E-mail Address
June 2000 / 27
Legal Digest
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
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
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.
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
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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.