NCJ Number
189014
Journal
Law and Order Volume: 49 Issue: 5 Dated: May 2001 Pages: 105-107
Date Published
May 2001
Length
3 pages
Annotation
This article reports on a study that examined whether police selectively enforce the law so as to avoid arresting individuals they deem likely to bring lawsuits for any police misconduct, while targeting the types of persons less likely to bring such lawsuits.
Abstract
A total of 658 sworn officers from 21 agencies in 11 States were surveyed to determine their experiences. Results showed that most of the officers encountered more suspects, yet reported fewer arrests compared to past experiences. The data indicated that paperwork, training, waiting on warrants, issuing citations, and civil liabilities were the primary obstacles that influenced those officers to forego a probable-cause arrest. Findings also showed that due to the influences of litigation, white, male experienced officers made fewer probable-cause arrests than other officers. One possible implication of this study was that some sworn officers were more concerned about the potential of becoming a defendant in a civil liability suit than in controlling crime. Every aspect of police work can result in an incident that leads to litigation. The major sources of these lawsuits stem from the use of firearms; motor vehicle pursuits; arrest, search, and seizure; responses to citizen complaints or requests for protection; rendering first aid; domestic assault; citizen endangerment; sexual harassment; training; and dispatch, monitoring, and control of police activities. Further, the threat posed by civil liability may lead officers to focus more on street crimes that involve traditional criminal types than on crimes that involve more affluent professional people, such as white-collar crimes. The latter type of criminal has the resources and the connections to bring a successful lawsuit.