FBI LEB - Federal Bureau of Investigation

ISSN 0014-5688 USPS 383-310

Features

Departments

6 Focus on CorrectionsCorrectional Criminal

Investigators

An Effective AssessmentCenter Program

By Thurtson L. Cosner and

Wayne C. Baumgart

BiometricsBy Stephen Coleman

Violent CrimesAmong Juveniles

By William Andrew Corbitt

A Medical Model forCommunity Policing

By Joseph A. Harpold

Flight as Justification for Seizure

By Michael E. Brooks

1

9

June 2000Volume 69Number 6

United StatesDepartment of Justice

Federal Bureau ofInvestigation

Washington, DC20535-0001

Louis J. FreehDirector

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© Don Ennis

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Editor, FBI Law EnforcementBulletin, FBI Academy, MadisonBuilding, Room 209, Quantico,

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From fingerprints and hand geometry tofacial and voice recognition, biometrictechnology offers a wide range ofidentification applications.

Police managers can use assessmentcenters to select the best person for theposition and develop a standard for theirdepartment.

18Police officers can identify behaviorpatterns of juvenile offenders andimplement crime prevention strategies.

22

The police can borrow techniques fromthe medical profession to treat andprevent disease in the communities theyserve.

17 Book ReviewVictims of Crime

23

Officers must be able to support areasonable suspicion of criminal activityto justify a temporary investigativedetention.

28

June 2000 / 1

irst used in the 1920s, as-sessment centers were de-signed to select and promote

law enforcement. Regardless of theoccupation, common elements existfor an effective assessment center.While an assessment center basedprogram may not incorporate all ofthe criteria of a true assessment cen-ter, certain components exist thatall assessment programs shouldinclude. By becoming familiar withthese components, agency adminis-trators can improve the chancesof providing an assessment pro-gram that will best benefit their de-partment.

One key principle for a success-ful assessment center is that allmembers of the assessment processmust work as a team. Properly ex-ecuted, an assessment program

should provide considerable ben-efits to a department. Not only willthe best candidate be selected forthe position, but others in the de-partment will benefit as well.

Getting to Know the Department

In making an effective assess-ment program, the assessors firstshould become familiar with thetargeted department or unit. Thispreliminary step involves meetingwith all individuals involved in theassessment process, including cur-rent employees, their supervisors,and any others who work with theincumbents. Additionally, consid-ering the current trend toward com-munity-oriented policing, assessors

Fpersonnel in occupations rangingfrom engineers and scientists to sec-retaries, military personnel, andeven spies. More specifically, an as-sessment center is a process, not aplace, which a team1 uses to identifyand evaluate leadership skills forhigher level positions, such as su-pervisors and managers. These cen-ters2 gained widespread acceptancein the United States during the1950s and 1960s. Today, variousorganizations view the assessmentcenter as a widely accepted tool forrecommending personnel actions ina variety of occupations, including

© Mark C. Ide

An EffectiveAssessment

Center ProgramEssential Components

By THURSTON L. COSNER, Ph.D. and WAYNE C. BAUMGART

2 / FBI Law Enforcement Bulletin

may meet citizens who could inter-act with incumbents. In fact, citi-zens may even serve on the assess-ment team.

In addition to learning the du-ties of the employee and their placewithin the department and the com-munity, members can glean a betterunderstanding of the prevailing so-cial climate of the work environ-ment from this meeting. Becausesubtle differences exist between po-lice departments, each assessmentteam needs specific informationto generate a useful program. Forexample, some police departmentsemphasize enforcement andSWAT-type activities, while otheragencies may be more community-and public relations-oriented. Fi-nally, this first step of the assess-ment process can generate adepartmentwide self-study that cancontinue far beyond the assessmentprocedure.

Reviewing andUpdating Job Descriptions

The second step in conductingthe assessment involves both the

assessment team and key depart-ment personnel reviewing and up-dating current job descriptions.This activity should remain a jointventure between the assessmentteam and the department. Unfortu-nately, this important step in theassessment process often gets ne-glected. However, the job descrip-tion can tell the assessment team asmuch about the department as itdoes about the position itself. Re-viewing current job descriptionsalso can help clarify the roles of theindividuals who currently hold thepositions. The review process en-ables departments to take a rationaland reflective look at how they haveoperated in the past. If the depart-ment and assessment team can forgea high level of cooperation, all willbenefit. Managers must not under-estimate the importance of updatingjob descriptions. Departments thatoperate without updated job de-scriptions may appear poorly man-aged, encounter huge legal risks,and lack an effective or defensibleemployee evaluation program.Agencies easily can rectify this

situation and put the departmenton track for more effective modelsof police performance by periodi-cally reviewing their positiondescriptions.

Conducting Job Analysis

After the assessment team com-pletes the initial meetings and jobdescription process, they conduct ajob analysis. The job analysis dif-fers from the job description, in thatjob descriptions usually appear innarrative form, list the kinds oftasks employees perform, and de-fine the job’s place within the orga-nization. In contrast, the job analy-sis, a process that involves currentemployees as well as supervisors,and in some cases, subordinates andclients, entails a breakdown of thenature, extent, frequency, and im-portance of specific types of be-havior that characterize the job(e.g., ability to negotiate, managetasks, or handle certain types ofsituations).

Job analysis stands as thelynchpin of any assessment centerprogram. Through job analysis,team members identify critical andimportant tasks of the position, de-velop an understanding of the un-derlying knowledge, skills, abili-ties, behaviors, and traits necessaryto perform the work, and measurethese elements through the assess-ment process.

After the team completes theassessment program and ranks thecandidates, they should make theresults of the job analysis availableto the entire organization. Updatingjob descriptions, coaching currentemployees, improving employeeevaluations, and identifyingtraining needs for personal and

Chief Baumgart heads the Euclid,Ohio, Police Department.

Dr. Cosner is a clinical andconsulting psychologist inprivate practice.

June 2000 / 3

professional development representsome job analysis functions. A post-assessment meeting with the assess-ment team to discuss the results ofthe job analysis can aid departmentadministrators in strategic planningand can serve as a precursor tochange for the department. By fol-lowing this process, the effects ofchange will have a greater impactand remain more consistent withdepartment objectives and goals.

Meeting with Candidates

Upon completion of the jobanalysis, assessors should meetwith candidates to help them under-stand the assessment process. At themeeting, assessors should tell can-didates what to expect during theassessment process, as well as therating methods.

The meeting also allows candi-dates to ask any questions they mayhave about the procedure. Mostcandidates have an interest in theassessment procedure, the evalua-tion process, and the assessors’ ex-perience. Candidates have reportedthat this meeting prepares them forapproaching the assessment proce-dure and that it helps reduce unnec-essary tension and stress that mostcandidates naturally experiencewhen preparing for an assessmentcenter program.

DevelopingAssessment Activities

After the meeting, the assessorsshould develop procedures that theywill use to evaluate the candidates.Each procedure must have a contentand construct valid relationshipwith the results of the job analysis.Content validity refers to activities

culled from the potential types ofactual activities that the employeesperform or will perform. Bycomparison, construct validity re-lates to the underlying skills,knowledge, abilities, behavior, andtraits employees need to performthe critical or important aspects oftheir job.

exercises (e.g., the in-basket activ-ity, the fact-finding exercise, andthe group activity3) to evaluate thecandidates and observe how theywould react in certain situations.Because time and resource con-straints exist, each program will notuse all exercises and will varyamong departments.

In addition to using a mix ofthese exercises, the team should in-terview each of the candidates.Generally, to facilitate the inter-view, the candidates first shouldcomplete a personal and career atti-tude questionnaire. This question-naire can ask the candidates abouthow they spend their work day,their interests, what problems theybelieve currently exist in the depart-ment, and other relevant questionsfor the position. Assessors inter-weave the content-valid materialgathered in the interview and on thequestionnaire with other behavioralobservations made during theassessment activities to providea comprehensive picture of thecandidates.

Psychological Testing

In addition to including law en-forcement professionals, assess-ment teams should include a policepsychologist to participate in as-sessment activities. These activi-ties, such as psychological tests andstructured interviews and simula-tion activities with construct valid-ity, can provide a more dynamicview of the candidate. Not only canassessment teams observe thecandidate’s visible behavior, butalso, through the testing process,they can more thoroughly assessunderlying characteristics and traits

“ Policeadministrators...

have an obligationto participate fullyin the assessmentcenter program.

”The job analysis identifies cer-tain characteristics, such as the abil-ity to analyze particular problems orthe ability to read, interpret, and ap-ply a department rule or regulationto a practical situation. If these con-stitute critical or important tasks forthe job, then the exercises can mea-sure the skills and abilities relatedto these tasks. More than one exer-cise should exist to measure impor-tant aptitudes. If the procedure hasconstruct validity, assessors canlogically and empirically link theassessment activity and its relation-ship to the critical aspects of perfor-mance identified in the job analysis.An assessment team that cannot re-late its procedures to the job analy-sis risks conducting an invalid as-sessment center.

Assessment centers can usea number of different types of


the candidate may possess. Onone hand, it remains vital to under-stand the candidate from the per-spective of a seasoned veteran po-lice officer, yet, it remains equallyimportant to understand the candi-date from a psychological perspec-tive, which will often identify per-sonality characteristics thatobservation and interview do notalways reveal. Additionally, a psy-chological test can validate the ob-servations made during the assess-ment. If the test findings and theobservations agree, then the ratingis supported from a different per-spective. If disagreements betweenthe results of the test and the behav-ior of the candidate should occur,then the assessors should reconcilethe differences.

Evaluating Performance

In the next step, typically two orthree assessors evaluate the candi-dates. This process should proceedwith each assessor compiling ascore for each of the candidates,based on their performance on theassessment exercises. After each as-sessor completes this step, theyshould meet to discuss their ratingsand to achieve a consensus score foreach candidate. In those rare caseswhere assessors experience an im-passe, they should average the can-didates’ scores to achieve a finalrating for the characteristic in ques-tion. Additionally, assessors canuse psychological tests to settle anydiscrepancies.

Ranking the Candidates

After reaching a consensus oneach score, the assessors rank thecandidates by converting the values

into percentage ratings. By trans-forming the scores into percentages,the assessors can factor in the rela-tive weight for the assessment cen-ter score into the candidates’ over-all promotional evaluation scores,which may include results from pro-motional tests and departmental rat-ings. Assessors must evaluate can-didates against clearly definedstandards and not against eachother.

of the candidates. The assessorsshould destroy the report followingthe completion of the promotionalprocess and the expiration of thelist.

Debriefing the Candidates

After the team makes the pro-motion selections, an opportunityshould exist for candidates to vol-untarily talk to the assessors andreceive feedback on their perfor-mances and reasons for their scores.This discussion of strengths andweaknesses not only informs candi-dates why they placed where theydid, but allows them to use the feed-back to capitalize on their strengthsand improve their weaknesses. Forthose individuals who have an inter-est, the session proves beneficial fortheir career development and thedepartment as a whole.

Conclusion

Promotional examinations of-ten are a period of great stress andturmoil in many departments. Whena department uses an assessmentcenter approach to promotions, thedepartment administrator shouldchoose the best possible team togain the highest quality results. Po-lice executives have the opportunityto make the entire process a positiveexperience for the candidate and thedepartment, as well.

Police administrators and theassessment team, along with others,have an obligation to participatefully in the assessment center pro-gram. Various comprehensive mod-els exist of the essential compo-nents of an effective assessmentcenter program. In fact, few assess-ment centers contain all of the

“...all membersof the

assessmentprocess must

work as a team.

”Compiling the Narrative Report

Because of the considerableamount of information generatedfrom the assessment and to helpthe appointing authority understandthe reasoning behind a particularscore, the assessors should developa narrative report. The narrativereport should include the candi-dates’ behavior, their responses onthe test, and other appropriate char-acteristics observed during the as-sessment. Ideally, the narrative re-port assists both the appointingauthority and the candidates in un-derstanding the reasons for a par-ticular score.

The narrative report should notbecome a part of any permanent file

June 2000 / 5

components. An informed managercan review the list of componentsand decide exactly what to includeor omit from an assessment center.If a substantial number of compo-nents are missing, the administratorshould ask the team to modify theirapproach to improve the process.

Although it has existed forquite a few years, the assessmentcenter has gained popularity as atool for conducting promotionalprograms in the public sectoronly recently. If the assessment

team follows certain principles, theassessment center will become notonly an effective tool for selectingthe best person for the position, butwill help the department develop astandard and have a residual effectfor all of the candidates who partici-pate in the process.

Endnotes1 An assessment team may consist of a

variety of individuals with experience in the lawenforcement field, including former and currentpolice personnel.

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2 An assessment center is a tool for makingpersonnel decisions, including the selection,promotion, transfer, or career development ofemployees. A team of individuals, includingcurrent employees, managers, personnelexperts, civilians, and others impacted by theagency, make up the center. The team employsnumerous assessment activities to help themrecommend a personnel action. The activitieshelp them analyze the type of work and theknowledge, skills, and abilities the employeemay have to perform the job.

3 Paul Jansen and Ferry deJongh, Assess-

ment Centres: A Practical Guide, (West SussexEngland: John Wiley and Sons, 1997).


o the public, when criminals get convicted andsentenced to prison, it means that society no

In addition to the volume of crimes that occur,the prison’s unique environment limits the ability ofoutside agencies to conduct successful investigations.Only correctional officers understand the physicallayout and daily operations of the prison. Perhapsmore important, the prison contains a subculture ofhardened criminals that bears only a slight resem-blance to what exists on the street. Even the mostseasoned investigator would find it difficult toinvestigate a crime with uncooperative victims,witnesses, and, of course, perpetrators. On the street,people who witness crimes usually report them to thepolice, whereas in prison, inmates rarely reportcrimes. A code of silence, punishable by death ifviolated, keeps most inmates from talking to thepolice.

Additionally, outside the prison, witnessesusually give an account of an incident based on theirhonest perception of the event. Inmates, on the otherhand, go to great lengths to make sure they serve theirown best interests. Suspects and witnesses may evenstage crime scenes. Even the most cooperativeinmates will not give a complete account of whatthey have seen. They may answer direct questions butwill not offer any additional information unless

Tlonger has to worry about them. Unfortunately, thisrarely proves true. As the big steel door slams shutbehind them, many offenders merely graduate to ahigher level in their criminal educations. In fact,today’s new breed of criminal is more motivated,better organized, more dedicated to crime, and lessfearful of punishment than ever before. Some of theoffender’s sophistication comes from the influx oforganized gang activity within the prisons.

Correctional facilities traditionally have managedtheir own operations successfully. At the same time,they have depended frequently on outside policeagencies to investigate felony crimes committed bytheir inmates. Yet, this arrangement can createproblems for the prison and cause frustration foroutside investigators for a number of reasons.

First, incarcerated offenders generate a hugenumber of cases. For example, in 1998, Colorado hadabout 13,000 inmates and recorded more than 14,000violations. These violations ranged from minorinfractions to murder. No outside agency would havethe time or the resources to investigate all of theseprison crimes.

Focus on Corrections

Correctional CriminalInvestigatorsThe New Cops on the BeatBy William R. Bell

© Digital Stock

June 2000 / 7

investigators specifically request it. Indeed, prisonfosters an “us against them” society, where failure tocooperate remains the rule of the day.

Finally, experienced investigators know thatintelligence gathering plays an essential role insolving, and possibly preventing, crimes. Thus,investigators who work in the prison full time stand inthe best position to gather the information they needto combat prison crime.

THE COLORADOEXPERIENCE

Prior to 1983, the ColoradoDepartment of Corrections, likemost prison systems, employedoutside law enforcement officersto investigate felony crimes.Because the approach generatedfew prosecutions, the departmentabandoned it. Next, the departmenttried using corrections employeeswith law enforcement experienceto investigate some crimes withinthe prison. This approach, although surpassing pastefforts, fell short of expectations. A lack of supportfrom local law enforcement agencies and the districtattorney’s office presented a significant obstacle tothe department’s efforts.

To gain support from the criminal justice commu-nity, department investigators increased their contactwith outside agencies. During these contacts, theyshared valuable intelligence information. By demon-strating that they possessed considerable informationthat could benefit law enforcement officers outsidethe prison and clearing a large number of criminalcases, the investigative division began to earn cred-ibility with local law enforcement officers andprosecutors.

In the early 1990s, officials from the ColoradoDepartment of Corrections and the local districtattorney’s office approached legislators with aproposal to make correctional investigators certifiedpeace officers, with the duty and authority to investi-gate all crimes associated with the prison system.Given this authority, and coupled with the dedicationand experience of its investigators, the CriminalInvestigation Division (CID) came into its own.

A New Cop on the Beat

CID has 34 employees, including 25 criminalinvestigators. CID investigators have extensive lawenforcement backgrounds and hold certifications fromthe state’s Peace Officers Standards and TrainingBoard. In addition to detecting and prosecuting allfelony crimes associated with the Department ofCorrections, the unit also conducts background

checks of new employees, man-ages the drug deterrence program,handles internal affairs cases, andinvestigates inmate and civiliancomplaints. Of all of the cases CIDinvestigators handle, drugs repre-sent the largest percentage.

Combating Drugs

Drug cases constitute about 70percent of the CID investigator’scase load, as literally hundreds ofthousands of dollars in illegaldrugs flow into Colorado prisonsweekly. Inside the prison, the

street value of drugs increases tenfold. Accordingly,drugs satisfy the inmates’ needs for power andmoney. Drugs also create a dangerous climate in theprison. Inmates on drugs pose a danger to themselvesand others; drug debt collections generate seriousassaults and homicides.

A number of law enforcement agencies have beenworking with CID in a concentrated effort to curbdrug trafficking. In recent years, the DEA has solic-ited intelligence from CID and assisted with severalcomplex drug investigations.

The CID K-9 unit also actively participates indrug interdiction programs. Canine crime fightersdetect drugs inside the prison, at outside work crewsites, and in visitors’ vehicles. The unit also works inconcert with local prosecutors from the districtattorney’s office in drug deterrence programs withinthe prison. In recent years, several state and federalagencies have called upon the CID K-9 unit to assistin some very high profile cases. In addition to theirwork in drug cases, the unit’s dogs track escapedprisoners and often help find missing persons in thecommunity.

“

”

...the prison containsa subculture of

hardened criminalsthat bears only a slightresemblance to whatexists on the street.


Monitoring Gangs

The Colorado Department of Corrections employsgang coordinators at each of its prisons to monitor theactivities of gang members. The gang coordinatorsshare intelligence with outside law enforcementagencies and maintain the Security Threat IntelligenceNetwork Group, a regional database of gang informa-tion. CID generally becomes involved when the gang-sters commit crimes, whichusually revolve around drugs. TheDepartment of Corrections’proactive approach to gangs hasforced much of their activityunderground. Any actions thatsurface, such as recruiting newmembers, subject inmates toadministrative sanctions and, mostlikely, a transfer to a more securefacility.

Solving Other Cases

CID investigates a widevariety of crimes that occur bothinside and outside the prison.These crimes include assault, sexual assault, felonytheft, fraud, bribery, escape, bank robbery, andmurder for hire. In the last 5 years alone, CID hasinvestigated more than 20 cases in which inmateshave hired undercover CID investigators to commitfirst-degree murder. In September 1998, three sepa-rate cases came from one prison cell block. Thesuccessful resolution of these cases spared the lives oftwo judges, three district attorneys, and two civilians,while resulting in three successful prosecutions withtwo other offenders awaiting trial.

Results

Since its inception, CID has successfully resolvedseveral hundred cases every year. In 1997, the unit’scase load included 292 felony investigations and 133internal affairs cases. The remaining 1,361 casescomprised 345 intelligence cases (a case initiatedbased on information received from some source),295 agency assists (e.g., provide intelligence, helpwith a raid), 83 K-9 actions, and 638 complaintreports. In 1998, 1,460 investigations covered 240felony and 177 internal affairs investigations. One

Mr. Bell serves as a criminal investigator for the ColoradoDepartment of Corrections in Canon City. Readers maycontact him by e-mail at [email protected].

hundred seventy-four intelligence cases, 328 agencyassists, 37 K-9 actions, and 504 complaint reportsmade up the remaining 1,043 cases. In 1999, the unithandled 1556 cases—306 felonies, 188 internalaffairs investigations, 232 intelligence cases, 303agency assists, 27 K-9 actions, and 500 complaintreports.

The cases CID resolves represent more than merenumbers. While no real deterrent exists for inmates,

prisoners in Colorado now mustpay a punishment for the crimesthey commit while incarcerated. Asa result, a safer prison environmentexists. Moreover, the improvedrelationship between outside lawenforcement agencies and theDepartment of Corrections hasenhanced the crime-fighting effortswithin the prisons and in thecommunities these public safetyofficials all serve.

CONCLUSION

Many people do not realizethat prison inmates often belong to very complexcrime organizations that spread throughout thecountry. Their crimes may initiate inside the prison,but they reach out into the community. The ColoradoDepartment of Corrections has recognized the need tobetter protect society by holding its inmates respon-sible for the crimes they commit in prison. As a result,a new cop has emerged on the beat. These seasonedinvestigators remain dedicated to protecting andserving the public by keeping convicted felons incheck.

While the Colorado Department of CorrectionsCriminal Investigation Division is a relatively newaddition to the law enforcement community, it has agreat deal to offer any agency seeking intelligenceand assistance in monitoring career criminals. Thisapproach to law enforcement may well serve as aresource for other states to espouse.

“

”

CID investigates awide variety of

crimes that occurboth inside and

outside the prison.

June 2000 / 9

early a century ago, law en-forcement agencies discov-ered the value of using fin-

enforcement and crime preventionby accurately identifying peoplewhen they cash checks, collectwelfare benefits, use automatedteller machines (ATMs), cross bor-ders into the United States, sign onto computer networks, or enter se-cure buildings. The promise of bio-metrics may become tarnished,however, if governments or busi-nesses use it to monitor and gatherinformation on a person’s privateactivities.

In 1998, the Center for AppliedResearch and Policy Analysis at theMetropolitan State University in St.

Paul, Minnesota, studied biomet-rics; its accuracy, applications, andcosts; as well as the legal and pri-vacy issues associated with thesepotential uses. The center con-cluded that biometric systems haveenormous potential for public andprivate organizations alike.

BIOMETRIC SYSTEMS

Biometric systems serve twopurposes: identification and authen-tication. For example, when the po-lice make an arrest, they comparethe suspect’s fingerprints with fin-gerprints on file to determine if the

BiometricsSolving Cases of Mistaken Identity and MoreBy STEPHEN COLEMAN, Ph.D.

Ngerprints as a means of positiveidentification.1 Today, law enforce-ment continues to use fingerprintsto solve crimes, identify criminals,and keep criminal records. How-ever, fingerprints represent merelyone type of biometric, a physicalcharacteristic that can distinguishone person from another. Others in-clude the face, the eyes, the hands,and the voice.

Biometric technology createsnew opportunities for law

© PhotoDisc


person has a criminal record. Bio-metric systems also can identifycriminals who refuse to disclosetheir names or who give aliases.Traditionally, highly trained spe-cialists did this fingerprint workmanually. Now, the typicalbiometric fingerprint system auto-matically reads a person’s finger-prints with a video camera, convertsthe fingerprint images into com-puter data, and searches the finger-print file for similar prints, whichthe system stores digitally as elec-tronic data.

By comparison, authenticationoccurs when, for instance, a personuses an ATM card and must enter apersonal identification number(PIN) to prove authenticity. Experi-ence shows, however, that this typeof security remains weak, andfraudulent use of cards, checks, anddriver’s licenses costs businessesmillions of dollars each year. Incontrast, with a biometric ATMsystem, the bank could put aperson’s fingerprint data or anotherbiometric on the magnetic strip on

the back of an ATM card when theperson first applies for it. To use thecard, the owner would place it in acash machine and put a finger on themachine, which would read theprint, convert it into numbers, andcompare it with the fingerprint dataon the card. If the numbers match,the machine would pay out. A smallcomputer in the ATM machinewould do the work. Alternately, acentral computer could store thebiometric and retrieve the informa-tion when customers present theiridentification cards or enter theirpasswords into the system. Finally,a “smart card” with a small com-puter chip memory could hold thebiometric.

The number of comparisons thesystem makes to verify the persondifferentiates identification fromauthentication. For identification,the computer may have to comparemany thousands of fingerprints; au-thentication requires only one com-parison between the card and theperson presenting it. A biometricsystem that makes thousands of

comparisons must have a higher ac-curacy rate than a system designedfor a single comparison. Thus, ac-curacy represents one concern forpotential users because differentsystems vary in their degree of ac-curacy. Depending on their needs,agencies must select the right typeof system.

Types of Systems

A profusion of vendors nowproduces a variety of biometric sys-tems. The most common systemsidentify or authenticate users bytheir fingerprints, eyes, hands,faces, or voices.

Fingerprints

No two fingerprints are alike.For this reason, law enforcementand the courts recognize finger-prints as unique personal identifi-ers. Most biometric fingerprint sys-tems work by finding the breaks andforks, also called minutiae, in thefingerprint ridges and convertinginformation about their positioninto a series of numbers, like coor-dinates on a map. Some systems useother information about the ridgesor pores of the skin.

Eyes

Two biometric systems use in-formation about a person’s eye; onelooks at the pattern of veins in theretina, while the other uses the pat-tern of fibers, tissues, and rings inthe iris. Experts believe that both ofthese biometrics are as unique asfingerprints, but their use in identi-fication lacks the established his-tory of fingerprints.2

The retinal system, the first sys-tem invented, requires shining alight into the eye at close range to

”

“

Dr. Coleman serves as an associate professor and director of theCenter for Applied Research and Policy Analysis at the MetropolitanState University’s School of Law Enforcement, Criminal Justice, andPublic Safety in St. Paul, Minnesota.

The public generallyaccepts the use

of biometric systemsas a necessary partof doing business intoday’s crime-ridden

society.

June 2000 / 11

illuminate the retinal pattern. As aresult, it demands the cooperationof the person being checked. Theretinal system’s accuracy ratemakes it appropriate for high-secu-rity facilities, such as nuclear powerplants.

Users have begun to express apreference for the iris-based sys-tem. Although relatively new, it re-quires only that a person look to-ward a video camera operatingseveral feet away. In addition, nei-ther eye color nor corrective lenses(glasses or contacts) interfere withthe biometric. Similarly, changes inthe size of the iris in response tolight do not affect the system. Actu-ally, a biometric system can use thefact that the iris adapts to light toverify that the eye belongs to a per-son, not a photograph.

Although the theory requiresadditional research, some evidencesuggests that patterns in the eyemay change over time because ofillness or injury. Therefore, eyeidentification systems may notwork for blind people or individualswith eye damage.

Hands

Biometric systems can use thehand’s distinct, three-dimensionalcharacteristics, including thelength, width, thickness, and con-tour of the fingers; veins; and otherfeatures. Hand-geometry systemsmost commonly control access tobuildings. A person seeking admit-tance places a hand in a device thatexamines it with a video camera andconverts the video image to num-bers in a computer for comparisonwith the person’s prerecorded handgeometry.

Changes in a person’s fingers,for example, large rings or swollenfingers, may affect hand identifica-tion, and the system may not workfor people with hand paralysis ortremors. Environmental problems,such as temperature or light shiningat the camera, also may hamper thesystem.

These systems may not be able todistinguish twins.

Voice

To a limited degree, voice orspeech patterns can identify people.To use a voice-recognition system,a person must prerecord specificwords on the system. Later, whenthe system needs to authenticate theperson’s identity, it prompts theperson to say one of these words. Acomputer analyzes the speech pat-tern and tries to determine if thevoice matches the prerecorded ver-sion. Voice recognition differs fromspeech recognition, in which a com-puter tries to understand what a per-son says.

Voice recognition suffers froma variety of problems. A person’svoice may change because of illnessor stress, and women prove moredifficult to identify than men. Anoisy background also can present aproblem.

Other Biometrics

A few available, but rarelyused, biometric systems use palmprints, and others use finger geom-etry. Some researchers are trying todevelop biometric systems based onwritten signatures, personal odors,ears, sweat pores, the way a persontypes on a keyboard, and bodymotions.

APPLICATIONS

Biometric technology covers awide range of applications, fromidentifying criminals to preventingwelfare fraud. Because of their highsecurity needs, correctional institu-tions have led the way in imple-menting biometric systems.

“ Biometrictechnology createsnew opportunities

for lawenforcement and

crime prevention....

”Face

Facial biometric systems haveseen rapid improvement.3 A videocamera scans the face and recordsthe arrangement of features forcomparison with previously re-corded facial images. Facial-recog-nition systems can automaticallyscan people’s faces as they appearon television or a closed-circuitcamera monitoring a building orstreet. One new system uses the in-frared heat pattern of the face as thebiometric, which means the systemworks in the dark.

Individuals who change theirappearances markedly, for ex-ample, by growing beards, or whomake unusual facial expressionscan confuse the system. The orien-tation of a person’s face toward thecamera also can influence accuracy.


Corrections

In a number of federal prisons,visitors, staff, and inmates havetheir hand biometric put on a photoidentification card, which they mustcarry with them. Card and handreaders installed throughout theprisons control access to various ar-eas; the systems also recordeveryone’s movements.

Similarly, the Minnesota De-partment of Corrections has hand-geometry systems in the state’sthree medium-security prisons.People leaving the institution swipetheir identification cards into thesystem, while placing their handson a reader. The system comparesthe biometric on the card with theperson’s hand before allowing themto leave. Staff members also havephotos on their identification cardsto supplement hand-geometry veri-fication and make false identifica-tion a remote possibility.

The department installed thesystems in 1997 and continues torefine them, with plans to put simi-lar systems in other prisons. Thesystem at one prison, which in-cludes a computer network, termi-nals at three access points, and pro-gramming tailored to the system’sspecifications, cost $130,000.

In 1990, the Cook County, Illi-nois, Sheriff’s Office began using aretinal identification system forprisoner identification and release.4

At the time, the system cost about$500,000 for 23 scanners and otherequipment to connect the system,but prices for the equipment havecome down. The Lancaster County,Pennsylvania, prison’s prisoneridentification system uses iris-based technology. In 1997, the

stand-alone system cost about$10,000.5

New York City recently con-tracted for an electronic probationmonitoring system, for a cost of$925,000.6 The hand-geometrysystem uses kiosks with videotouch-screens that allow probation-ers and parolees to check in elec-tronically with probation officerson reporting dates. The city expectsto use the system to monitor about

Accelerated Service System(INSPASS), which uses either handgeometry or, at one location, finger-prints.9 Business travelers who flyinto the United States at least threetimes yearly can apply for a biomet-ric identification card at anINSPASS enrollment center. Then,on arrival, the traveler puts the cardinto a kiosk and puts a hand on thedesignated spot. If the system veri-fies the person’s identity, it opens agate and records the process.

The U.S. Department of Justiceevaluated the initial INSPASS sys-tem, which cost about $3 million.The audit found that INSPASS “hasthe potential to be a cost-effectivemeans of reducing processing timefor frequent travelers...without sac-rificing security.”10 The $45,000kiosk costs less than a borderinspector’s yearly salary, approxi-mately $50,000.

INS has opened automated bor-der crossing systems (Port Passen-ger Accelerated Service System, orPORTPASS) on the northern bor-der in Montana and in Coronach,Canada.11 In these remote locationswhere employees do not workaround the clock, a voice-recogni-tion system, which can withstandsevere weather conditions, authen-ticates border crossers. On theMexican border, illegal immigrantscaught crossing the border havetheir fingerprints read into an elec-tronic database for future identifica-tion and to check for those wantedby the police.12

Criminal Identification

In 1978, Minnesota became thefirst state to install an automatedbiometric fingerprint identification

35,000 low-risk probationers, al-lowing probation officers to spendmore time supervising high-riskprobationers.

Voice-recognition systems alsocan monitor probationers. One sys-tem randomly pages a probationer,who must call a toll-free number.The system then verifies the callerby voice,7 while Caller ID verifiesthe probationer’s location.

Border Control

The federal Immigration andNaturalization Service (INS) haspioneered biometric systems in bor-der control. A multitude of peoplecross into the United States daily—100,000 in El Paso, Texas, alone8—which makes prompt and accurateidentification necessary. In 1993,INS began a trial of its Passenger

Live scanning...allowsagencies to transmit

prints to otheragencies, including

the FBI.

”“

June 2000 / 13

system. It identifies arrested crimi-nals and permits searching of printsfound at crime scenes.13 Live scan-ning, in which video cameras andcomputers directly read digital fin-gerprints, allows agencies to trans-mit prints to other agencies, includ-ing the FBI. The FBI’s newlyimplemented NCIC 2000 systemcan, among other services, matchsubmitted fingerprints to subjectson the national list of wantedpersons.

The sheriffs’ offices ofHennepin and Ramsey counties, theSt. Paul police, and a local companyplan to test a portable fingerprintreader that law enforcement can usein or near their vehicles to learn onthe spot whether a suspect is on thenational wanted list. The devicescost about $2,500 to $4,000, withadditional costs to upgrade policeradio or telephone systems to ac-commodate the fingerprint readers;federal funds may help agenciespay for the equipment.

Criminal Background Checks

Many states require criminalbackground checks as a conditionof employment or licensing forsome individuals, including law en-forcement officers, licensed day-care workers, foster-care providers,and individuals applying for liquorlicenses. In 1998, California begansubmitting fingerprints electroni-cally by live-scanning individualswho need background checks; sher-iffs’ offices throughout the statehouse the terminals, which costabout $55,000 each.14 This servicelikely will cut the time it takes to doa background check to 72 hours orfewer for 95 percent of applicants,who pay a fee for the service.

system recognizes someone, it willalert the police. This technologyalso can monitor public video cam-eras for missing children or scan forterrorists at airports.

Driver’s Licenses

Because a driver’s license hasbecome a key form of personalidentification, its authenticity re-mains critical. Driver’s licensefraud contributes to other types ofcrime, including identity theft,17

credit card fraud, and the illegalpurchase of alcohol and tobacco byunderage minors. States are takingmore precautions to control the is-suance of a driver’s license, andbiometrics offers the best way tocheck a person’s identity.

In 1998, West Virginia becamethe first state to apply facial-recog-nition technology to the driver’s li-cense application process.18 Whenpeople apply for a new license, thesystem digitally stores their photo-graphs. When they renew their li-censes, or try to replace lost or sto-len ones, the system captures theirphoto and automatically comparesit with their previous photo. This

Photo Identification

Automated systems that cap-ture and digitize mugshots can in-corporate facial recognition. In1988, the Lakewood Division of theLos Angeles County Sheriff’s De-partment installed a system that cantake the composite drawing of asuspect or a video image of some-one committing a crime and searchit against its database of digitizedmugshot photos. The departmentalso intends to use the system tosearch for suspects on “Megan’sLaw CD,” a photo database of regis-tered sex offenders.15

British police plan to automati-cally monitor closed-circuit surveil-lance video cameras with facial-rec-ognition software. Britain has morethan 200,000 video cameras usedfor surveillance, many watchingstreets and shopping areas. InNewham, a borough of London, thelocal police have planned a 6-monthtrial of facial recognition at a cost ofabout $100,000 for a system thatincludes 140 street cameras and 11mobile units.16 A computer willmonitor video cameras set to watchfor known criminals. When the

© PhotoDisc


...biometrictechnology can saveinvestigators manyhours of work andsolve crimes that

might remain unsolvedusing traditionalpolice practices.

”

system prevents people from get-ting a license under a false identity.West Virginians also can have theirfingerprints stored on their driver’slicenses for identification at storesand other locations.

Other Applications

For government benefit pro-grams, a biometric system can offerboth reduced opportunity for wel-fare fraud and increased security forrecipients who get their benefitselectronically. For credit card com-panies, biometrics may one dayeliminate fraud.19 Biometrics alsocan provide computer and Internetsecurity by authenticating the per-son signing on to a computer orcomputer network, controlling ac-cess to sensitive data, and makingInternet financial transactions moresecure.

In addition, a recent break-through in technology will furtherreduce prices and extend the rangeof fingerprint verification.20 Mostfingerprint scanners have a smallvideo camera to capture an image ofthe fingerprint. But soon a singlecomputer chip will hold fingerprintscanners at an expected cost of $40or less. Users will simply put theirfinger on the chip itself to scan thefingerprint into the computer. Thechip is so small and thin, users canmount it virtually anywhere—on acomputer keyboard, a doorknob, acar ignition, or a cell phone. Witha fingerprint chip on the handle anda small computer inside,21 the“smart gun” relies on this technol-ogy. The owner of the gun wouldtouch the fingerprint sensor toactivate the gun; no one else coulduse it.

CONSIDERATIONS

Biometric systems continue toprove their worth for a broad rangeof applications. However, theirwidespread use in government andcommercial arenas depends on anumber of factors. Short-term con-siderations include the cost andaccuracy of various systems on themarket. In the long run, and perhapsmore important, agencies muststudy the legal issues, privacy con-cerns, and public attitudes associ-ated with biometrics.

for instance, which requires a veryhigh level of security, would need abiometric access system that madeit virtually impossible to let in anunauthorized person.

Some biometric systems canadjust error rates, which involves atrade-off between the two types oferrors. That means that a systemthat reduces the chance of aperson’s getting into a building bymistake increases the likelihoodthat legitimate users will be deniedadmittance. So agencies must bal-ance security interests against theannoyance and problems that arisewhen legitimate users cannot gainaccess. For example, bank custom-ers who cannot access their ac-counts through the ATM mightswitch banks.

Legality and Privacy

Federal and state governmentshave used fingerprints for years toidentify people, both in criminalcases and for civil purposes. Theseapplications have consistently with-stood legal challenge.22 Similarly,the government can require photo-graphs for identification. Courtshave not extended any constitution-ally based privacy right to peoplewho are required to prove theiridentity with a fingerprint, althoughthe government may have to showthat it has a reasonable public pur-pose for taking a fingerprint. Thecourts have not yet ruled on newbiometrics, such as iris or hand ge-ometry, but fingerprints may pro-vide a precedent. When used withpublic or private survillance video,facial recognition raises uniqueprivacy concerns because peoplecan come under surveillance with-out their knowledge.

Accuracy

Biometric systems use twomeasures of accuracy, one for eachtype of mistake they make. For ex-ample, a biometric system that lim-its access to a building would makea mistake if it let in an unauthorizedperson. Other times, the systemmight fail to recognize a personwho should gain access. Biometricsystem users must decide upon thedegree of error they will permit,taking into account the type ofbiometric system needed, cost, se-curity desired, and what happens ifa mistake occurs. A nuclear plant,

“

June 2000 / 15

Privacy issues emerge when agovernment agency does somethingwith a person’s fingerprint that goesbeyond the original purpose for itscollection. The California SupremeCourt approved taking fingerprintsfor driver’s licenses but ruled thatindiscriminate dissemination of fin-gerprint records by the state vio-lated individual privacy rights.23

The provincial Information andPrivacy Commissioner of Ontario,Canada, leads the way as govern-ments around the world workon guidelines and laws for the pri-vacy of biometric information. Theoffice proposed a series of safe-guards for fingerprint identifica-tion records of the Ontariogovernment’s social assistance pro-grams.24 Recommended safeguardsinclude encrypting the biometric tomake it impossible for anyone touse it without authorization; re-stricting use of the finger scan; pre-venting unauthorized access to thebiometric database; and keepingmost personal information separate.These elements became law inOntario in 1997.25

CONCLUSION

Simply put, biometrics workwell. Systems currently on the mar-ket can successfully identify andauthenticate people with a high de-gree of accuracy. Fingerprints re-main the best choice for applica-tions involving large numbers ofusers. Iris-based systems may equalor exceed fingerprints in accuracy,but the limited number of vendorsand lack of precedent for irisrecognition make them less attrac-tive. Hand-geometry systems haveproven themselves in physical ac-

cess control, particularly in prisons,which require high levels of accu-racy and security. Voice recogni-tion proves least accurate but mightrepresent the best alternative toverify someone’s identity over thephone.

Facial-recognition systems cre-ate opportunities to identify peopleunobtrusively and without their co-operation, as in video surveillance,and they can be added to digitalphoto systems used for mugshots ordriver’s licenses.

Biometric systems also haveproven their cost-effectiveness instate welfare systems and bordercontrol, where the system costs lessthan hiring a person to do the samework. In criminal identification,biometric technology can save in-vestigators many hours of work andsolve crimes that might remainunsolved using traditional policepractices.

Before selecting a vendor for abiometric system, agencies shouldconsider the company’s ability toprovide long-term maintenance andkeep pace with technology. Agen-cies should test biometric systemsthoroughly prior to purchase orbefore expanding to larger systems.Buyers need to make their own as-sessment about the accuracy andreliability of biometric systemsand not rely totally on claims ofmanufacturers.

Although they work well, bio-metric systems have little compat-ibility with one another. Agenciesmay find advantages in adoptingcompatible systems, but compat-ibility also makes it possible toshare data on people across sys-tems, which might infringe onpeople’s privacy.

The public generally acceptsthe use of biometric systems as anecessary part of doing business in

© Mark C. Ide


today’s crime-ridden society.26

With safeguards in place to protectthe legal and privacy rights of citi-zens, organizations can use biomet-ric systems with the cooperation ofthe public. Indeed, biometric tech-nology can help agencies in both thepublic and private sector solvecrimes, protect identities, secure en-trances to buildings and borders,safeguard computer databases andnetworks, and deter fraud in thecommunities they serve.

Endnotes

1 See, e.g., “The History of Fingerprints,”available from http://onin.com/fp/

fphistory.html; accessed 10/5/99.2 Richard Wildes, “Iris Recognition: An

Emerging Biometric Technology,” Proceedings

of the IEEE 85 (September 1997), 1348-1363.3 Juan Velasco, “Teaching the Computer to

Recognize a Friendly Face,” New York Times,October 15, 1998, D7.

4 General Accounting Office, Electronic

Benefits Transfer: Use of Biometrics to Deter

Fraud in the Nationwide EBT Program

(Gaithersburg, MD: September 1995), 24,GAO/OSI-95-20.

5 Keith W. Strandberg, “Biometric ID,”Corrections Forum, 1997; available fromhttp://www.prisons.com/cforum/id.html;accessed 11/19/99.

6 “New York City Awards $925,000Contract to Pacer Infotec for ElectronicProbation Management Systems,” press release,March 5, 1997; available from http://

www.corrections.com/products/news/

crad.htm#pacer; accessed 11/19/99.7 “VoiceTrack,” available from http://

www.voicetrack.com/; accessed 11/19/99.8 William R. Baron, U.S. Department of

Transportation, “Volpe Engineers UseBiometrics to Help Ease Border Crush,” Volpe

Transportation Journal, spring 1997; availablefrom http://www.volpe.dot.gov/pubs/journal/

spring97/biomet.html; accessed 11/19/99.9 Ibid.10 U.S. Department of Justice, Office of the

Inspector General, Audit Division, “Immigra-tion and Naturalization Service PassengerAccelerated Service System Pilot Program,”Audit Report 95-8, March 1995; available fromhttp://www.usdoj.gov/oig/inspass1/

inspass1.htm; accessed 11/19/99.

11 Supra note 8.12 Verne G. Kopytoff, “A Silicon Wall Rises

on the Border,” New York Times, January 14,1999, D1, D5.

13 Stephen Coleman, “Minnesota’sAutomated Latent Fingerprint IdentificationSystem,” Proceedings of the Fourth Interna-

tional SEARCH Symposium, SEARCH Group,Inc. (Sacramento, CA: 1979), 223-227.

14 California Department of Justice, Bureauof Criminal Identification and Information,“Applicant Live Scan,” available from http://

www.caag.state.ca.us/app/livescan.htm;accessed 11/22/99.

1998; available from http://www.instantphoto.

polaroid.com/polinfo/press-releases/march98/

032598a.html [access via www.polaroid.com];accessed 11/19/99.

19 “MasterCard Wins Another RoundAgainst Fraud,” MasterCard, press release,May 11, 1998; available from http://

www.mastercard.com/about/press/

980511a.html; accessed 11/19/99.20 Miquel Helft, “Digital Fingerprints: A

Key of the Future,” Wired News, May 22, 1997;available from http://www.wired.com; accessed11/19/99.

21 David Kocieniewski, “Trenton DebatesRequiring Guns Only Owner Can Fire,” New

York Times, September 24, 1998, A27.22 John D. Woodward, Biometric Scanning,

Law & Policy: Identifying the Concerns—

Drafting the Biometric Blueprint, 59 U. PITT.L. REV. 134 (Fall 1997). The U.S. SupremeCourt also has ruled in United States v.

Dionisio, 93 S. Ct. 764, that a grand jurywitness can be compelled to furnish a voiceexemplar because it does not violate the FifthAmendment privilege against self-incriminationand, further, that the Fourth Amendmentprohibition against unreasonable searches doesnot protect a voice exemplar because the voiceis a physical characteristic constantly exposedto the public. In Whalen V. Roe, 97 S. Ct. 869,the Court ruled that a state could collect theidentities of medical patients who obtainedprescriptions for certain drugs. The Court saidthat the patient identification requirementrepresented the product of rational legislativeaction and a reasonable exercise of state policepowers; it did not impair any privacy interestprotected by the Constitution.

23 Perkey v. Department of Motor Vehicles,42 Cal. 3d 185 (1986).

24 Ann Cavoukian, “Privacy and Biometrics:An Oxymoron or Time to Take a 2nd Look?”Office of the Information and PrivacyCommissioner, Ontario, Canada; available fromhttp://www.ipc.on.ca/web_site.eng/matters/

sum_pap/papers/cfp98.htm; accessed 11/19/99.25 Social Assistance Reform Act, 1997, Bill

142, ch. 25, S.O. 1997 (Can.).26 Alan F. Westin, “Public Attitudes Toward

the Use of Finger Imaging Technology forPersonal Identification in Commercial andGovernment Programs,” National Registry, Inc.(St. Petersburg, FL: August 1996).

15 “Los Angeles Sheriff’s DepartmentInstalls Facial Recognition Software,” ViisageTechnology, Inc., press release, September 26,1998; available from http://www.viisage.com/

imagewar2.htm; accessed 11/19/99.16 “Candid Camera for Criminals,” BBC

News, October 13, 1998; available from http://

news2.thls.bbc.co.uk/hi/english/uk/newsid_

191000/191692.stm; accessed 11/22/99; andRobert Matthews, “Security Camera Can Finda Face in Crowds,” Electronic Telegraph, UKNews, Sunday, July 6, 1997; available fromhttp://www.telegraph.co.uk:80/; accessed11/22/99.

17 Identity theft generally refers to stealingsuch items as credit cards, checks, and driver’slicenses and using them to commit fraud, orobtaining a person’s personal information, suchas social security numbers or bank accountnumbers, and using that information, perhapswith a fake driver’s license, to open new creditaccounts in that person’s name without theperson’s knowledge.

18 “West Virginia Becomes First State toIssue Driver’s Licenses Using Facial Recogni-tion Technology,” press release, March 24,

“Because of theirhigh security needs,

correctionalinstitutions have

led the way inimplementing

biometric systems.

”

June 2000 / 17

Book Review

Victims of Crime by Robert A. Jerin andLaura J. Moriarty, Nelson-Hall, Inc.,Chicago, Illinois, 1997.

Victims of Crime, a well-developedtextbook for the field of victimology, hasmany criminal justice applications. Scholarsand practitioners will find the information onthe criminal justice system objective andcomprehensive. This publication presents anexcellent overview of the many facets ofvictimization.

The authors identify issues and concernsthat students and professionals have voicedover the years. The chapters are organized andwell written, and the authors’ experiencesworking for victims contribute to the clarityof the writing.

The authors bring to light several signifi-cant issues for police officials to consider andstress that the mutual dependence betweencrime victims and the police cannot be under-estimated. For example, although policeofficers are trained to gather as much infor-mation as possible at the scene of the crime in

order to make an arrest, this requirement togather evidence may conflict with the victim’sneeds. This delicate balance can put lawenforcement officers at odds with the victim.

Police officials depend on cooperationfrom the victim. Remaining sensitive duringthe investigative phase will improve rapportand enhance communication. Furthermore,consideration and sensitivity to the victim’sneeds results in successful investigations andprosecutions.

An in-depth review of the text revealsextensive coverage of victimology. Initially,the authors provide a brief overview of thevictim’s movement and various programs forcrime victims. The first three chapters concernvictims and the police, victims and the courts,and victims and corrections. The next threechapters address domestic violence, women asvictims, children as victims, and elderly asvictims. Additional chapters study non-domestic violence, sexual assault, and hatecrimes.

In the final chapters, the authors examinecrime prevention, international programs, andthe future for victims of crime. All of thesewill prove quite useful to those in law enforce-ment. Accurate information about victimologywill help bridge the gap between victims andthose who investigate the crimes. Victims ofCrime is essential reading for criminal justicepractitioners and individuals concerned withthe rights and welfare of victims.

Reviewed byThomas E. Baker

Assistant ProfessorUniversity of Scranton

Scranton, Pennsylvania


he United States is home toapproximately 57 millionchildren under age 15 and

and nonnegligent manslaughter,forcible rape, robbery, andaggravated assault)2 among juve-niles increased by 14.9 percentfrom 1989 to 1998.3 In 1998, lawenforcement officers arrested morethan 1.8 million teenagers under age18, representing 18 percent of allpersons arrested.4 Twenty-nine per-cent of these youths were arrestedfor Crime Index offenses.5

Several factors—such as childabuse, a difficult home life, and ex-posure to crime—can predict cer-tain types of future behavior. Al-though these factors may adverselyaffect juvenile behavior, serious

and violent juvenile offenders tendto develop behavior problems—such as aggression, dishonesty,property offenses, and conflict withauthority figures—from childhoodto adolescence.6 Parents, law en-forcement officers, schools, andcommunity organizations must rec-ognize the behavior patterns of de-linquents to implement appropriatecrime prevention strategies.

CONTRIBUTING FACTORS

Numerous variables affect chil-dren during specific stages of theirlives.7 During infancy, such factorsas sex, intellect, activity level,

Violent Crimes Among JuvenilesBehavioral AspectsBy WILLIAM ANDREW CORBITT, M.S.

Tnearly 20 million between 4 and 8years old. Experts believe that theteenage population may reach al-most 30 million by 2006.1 Thispopulation growth may partially ex-plain why the United States has wit-nessed a nationwide epidemic of ju-venile violence in the past 15 years.More violent and troubled youth areentering the juvenile justice systemthan ever before.

Indeed, although crime rateshave decreased across the UnitedStates, violent crimes (e.g., murder

© PhotoDisc

June 2000 / 19

temperament, and attention spanmay affect behavior. During thetoddler, or preschool, stage, chil-dren may demonstrate risk-takingand sensation-seeking behavior andfail to show a sense of guilt or em-pathy. In early adolescence, poorparental supervision, depression,excessive sibling rivalry, peer rejec-tion, or exposure to violence maycause children to react negatively,leading to violent behavior.8

Many juvenile delinquents lackproper guidance and direction intheir lives. Because they are sub-jected to multiple risk factors, thesechildren may become more violent.For example, in 1994, over 4 mil-lion American children lived in se-verely distressed homes or neigh-borhoods that contributed to violenttendencies among troubled juve-niles.9 Additionally, the divorcerate has increased over the past 20to 30 years, and many experts sup-port the “broken homes theory,”which implies that homes with oneparent absent—usually the father—may contribute to future delinquentbehavior of children. Often, in situ-ations without a positive male rolemodel, mothers may have less con-trol and authority over their chil-dren, particularly boys. This theoryalso maintains that a family withonly one parent present may have toreduce its standard of living and ul-timately live in impoverished con-ditions that present an environmentfor delinquent behavior.10

Several studies suggest that apattern of aggressive or intolerantbehavior may signal future prob-lems.11 This type of behavior pre-vails in children ages 6 to 11 whoparticipate in nonserious delinquentacts. Research shows that sexual or

physical abuse victims; youths ex-posed to violence in the home, com-munity, or from television; andadolescents who use illegal drugsand alcohol may have a higherpropensity for developing violenttendencies. Further, consistent ex-perimentation with sexual activityat a young age also may predict vio-lent behavior.12 Finally, socioeco-nomic factors such as poverty,severe deprivation of necessities,divorce or separation of parents,and family separation may havea negative impact on impression-able youth and lead to violenttendencies.13

BEHAVIOR PATTERNS

For years, researchers have de-veloped models depicting variousreasons for childhood delinquency.Early studies focused on biologicalfactors; however, experts now be-lieve that social and psychologicalfactors influence delinquency, aswell. The current clinical modelfactors in an individual’s personal-ity type.14 One study concluded thatserious and violent juveniles differfrom typical youths involved in

delinquent conduct. This studyidentified three paths that adoles-cent males may follow that lead to alife of delinquency.15 The firstroute, the “authority conflict path-way,” starts prior to age 12, usuallybegins with stubborn behavior, andcontinues with youths’ showing de-fiance and disobedience. At thispoint, adolescents demonstrate “au-thority avoidance”16 by staying outlate, skipping school, or runningaway from home.

The second route, labeled the“overt pathway,” usually beginswith minor aggressions, such asbullying or annoying others, thenprogresses to physical fighting.Sometimes adolescents fulfill theirneed to fight by joining gangs. Thefinal step in the overt pathway isviolence.

In the third route, called the“covert pathway,” youths first mayshow minor covert behavior, suchas lying or shoplifting, and thenprogress to property damage, suchas vandalism or arson. Adolescentsthen proceed to moderate or seriousoffenses such as fraud, burglary, orfelony theft.

“

”

Communities andlaw enforcementagencies mustwork togetherto support and

mentor youths....

Officer Corbitt serves with the University ofTennessee Police Department in Knoxville.


One study found that male juve-nile offenders often live in large,low-income families and may haveparents with criminal back-grounds.17 This study also revealedthat parents of male offenders usu-ally supervise their children poorlyand use harsh discipline techniquesthat often cause conflict betweenthe parent and the child. In school,these children demonstrate low lev-els of intelligence, behave poorly,act impulsively, and associate withother known delinquents.18 Variousintervention strategies can helpcombat these behavior patterns.

COUNTERMEASURESTO COMBAT JUVENILEVIOLENT CRIME

In order to gain control of thecurrent juvenile crime trend, lawenforcement agencies can assistschools and communities in imple-menting several countermeasures toreduce violent juvenile crimes. Cur-rent research indicates that manyviolent crime issues result from be-haviors that an individual haslearned, as well as from human ele-ments, such as age, sex, and socio-economic status. Law enforcementmust recognize the importance ofthese factors when attempting to de-termine the root cause of a problem.Implementing effective early inter-vention and progressive crimeprevention strategies remains a keyto reducing the current crime trendamong juveniles.

School Response

School teachers and counselorsplay a vital role in detecting knownrisk factors that may lead to juveniledelinquency. By training schoolstaff members to distinguish

students who demonstrate violenttendencies, law enforcement agen-cies can take a proactive approachto help identify and minimizeknown risk factors that lead to juve-nile violence. Police agencies canassist schools in offering childrensocial competence training and dis-cussing ways to resolve conflicts.For example, representatives fromlocal law enforcement agencies, so-cial service organizations, or the ju-venile court system could familiar-ize teachers with known risk factors

prevention strategies involvingchildren, pushing for tougherweapon laws, implementing cur-fews for youths, and adopting a zerotolerance for alcohol and otherdrugs can help achieve these goals.Communities and law enforcementagencies must work together to sup-port and mentor youths, as well asto help children overcome preexist-ing conditions that may later influ-ence their welfare.20

Government Programs

The Anti-Gang and Youth Vio-lence Control Act of 1997 desig-nated $75 million for local jurisdic-tions to disseminate in 1998. Thisinitiative, the Juvenile MentoringProgram (JUMP), includes assis-tance from the U.S. Department ofJustice and may help combat tru-ancy, school violence, and other ju-venile crime. Mentors with variousbackgrounds volunteer their timeand develop a rapport with troubledadolescents.21 By December 1998,over 3,000 youth were enrolled andactively involved in the JUMPproject.22 The Office of JuvenileJustice and Delinquency Preventioncurrently evaluates 93 projectsfunded under the JUMP program.Both mentors and youths report thatmentoring has been a positive expe-rience. Specifically, the programhas helped youths avoid alcohol andother drugs, fights, gangs, and re-frain from using guns or knives.23

Other federal programs alsorecognize the power and impor-tance of, as well as the need for,youth leadership. For example, theNational Youth Network pairs ado-lescents with adults through com-munication, action groups, andhands-on participation.24 They

“...serious and violentjuveniles differ

from typicalyouths involved in

delinquent conduct.

”and behavior patterns of troubledjuveniles. Then, the school systemcould offer intervention throughschool counseling and organizededucational activities. Studentsmust feel that the school systemrepresents a safe place where theycan confide in teachers and staffmembers.

Community Involvement

The community where a childlives also should offer a safe settingthat promotes pride and a senseof cohesiveness among the resi-dents. Local police departmentsshould help develop a commu-nity policing initiative and encour-age community involvement.19 De-veloping neighborhood crime

June 2000 / 21

encourage youth interaction withlocal, state, and federal leaders.This program’s missions includepromoting youth activities throughthe media and reaching out to non-affiliated youth, especially those inthe juvenile justice system.25

The Drug-Free CommunitiesSupport Program combats youthsubstance abuse, creates an aware-ness about drug abuse, and offers analternative for troubled youth.26 Itincludes community support fromparents, other adolescents, busi-nesses, schools, law enforcement,media, health care professionals,and volunteer groups. This programencourages citizen participation inreducing substance abuse and dis-seminating information about effec-tive programs. Law enforcementagencies and communities shouldwork together to create these typesof programs in their areas.

CONCLUSION

Recent research traces violentjuvenile behavior to human and so-cial elements rather than attributingit solely to biological factors. Influ-ences such as community environ-ment, economics, parental care, andschool involvement now appear tohelp determine violent behavioramong adolescents. Therefore,countermeasures, such as increasedparental and community involve-ment, the implementation of crimeprevention strategies, and interven-tion of school personnel, can helplower the juvenile crime rate. Be-cause the number of violent juve-nile offenders has increased at sucha rapid pace, law enforcement agen-cies must develop and implementcomprehensive strategies to helpdeter violent juvenile offenders

from http://www.ncjrs.org/jjhome.htm;accessed July 14, 1999.

7 Ibid.8 Ibid.9 J. D. Hawkins, J. Howell, B. Krisberg, and

J. J. Wilson, Serious, Violent & Chronic

Juvenile Offenders, (Thousand Oaks,California; Sage Publications, 1995), 10.

10 A. Binder, D. Bruce, and G. Geis,Juvenile Delinquency: Historical, Cultural,

Legal Perspectives (New York: MacMillanPublishing Company, 1988), 89.

11 American Academy of Child andAdolescent Psychiatry, Understanding Violent

Behavior in Children and Adolescents, 1997;available from http://www.pbs.org/wgbh/pages/

frontline/shows/little/readings/violent.html;accessed July 14, 1999.

12 Supra note 6.13 Supra note 11.14 D. Musick, An Introduction to the

Sociology of Juvenile Delinquency (Albany,NY: State University of New York Press, 1995),87.

15 Supra note 6.16 Supra note 6.17 J.D. Hawkins, Delinquency and Crime

(Cambridge, England: Cambridge UniversityPress, 1996), 69.

18 Ibid.19 Supra note 6.20 Supra note 9, 53.21 U.S. Department of Justice, Office of

Juvenile Justice and Delinquency Prevention,“Justice Department Grant Program to HelpSteer Youth Away from Crime and Drug Use,”April 1997, available from http://www.ncjrs.

org/prcrime.htm; accessed July 14, 1999.22 U.S. Department of Justice, Office of

Juvenile Justice and Delinquency Prevention,“Juvenile Mentoring Program,” December1998; available from http://www. ncjrs.org/

pdffiles1/952872.pdf; accessed November 8,1999.

23 Ibid.24 U.S. Department of Justice, National

Youth Network, “National Youth NetworkVision and Mission,” January 1998; availablefrom http://www.usdoj.gov/kidspage/

getinvolved/8.htm; accessed July 14, 1999.25 Ibid.26 U.S. Department of Justice, Office of

National Drug Control Policy and Office ofJuvenile Justice and Delinquency Prevention,“Drug-Free Communities Support Program,”September 1998; available from http://

www.ncjrs.org/ojjdp/drugfree/support.html;accessed July 14, 1999.

from becoming permanent fixturesin the adult criminal justice system.

By monitoring early childhoodbehavior, remaining aware of con-tributing factors and warning signsexhibited by delinquents, and dis-cussing crime prevention tech-niques, parents, school officials,and police officers can help de-crease the number of serious juve-nile offenders. It is never too earlyto establish crime prevention pro-grams, and it is never too late tointervene in the life of a troubledyouth.

Endnotes

1 John Dilulio, Jr., and Gary Walker, “TheFour M’s of Fighting Crime;” available fromhttp://www.pbs.org/wgbh/pages/frontline/

shows/little/readings; accessed July 14, 1999.2 U.S. Department of Justice, Federal

Bureau of Investigation, Uniform Crime

Reports: Crime in the United States 1998

(Washington, DC, 1999), 5.3 Ibid., 220.4 Ibid.5 Ibid., 210. The FBI classifies murder and

nonnegligent manslaughter, forcible rape,robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson as CrimeIndex offenses.

6 U.S. Department of Justice, Office ofJuvenile Justice and Delinquency Prevention,“Serious and Violent Juvenile Offenders,”Office of Juvenile Justice and Delinquency

Prevention Juvenile Justice Bulletin; available

© Digital Stock


FBI Law Enforcement Bulletin

Call For Authors

Why Should You Publish an Article?

• Allows you to share your experiences

• Provides you with a wider audience

• Increases your credibility

• Enhances your professional image

What Should You Write About?

Write about topics that interest you. Writeabout problems that you, your department, orcommunity have solved. Possible topicsinclude—

• administrative/personnel issues;

• crime problems and solutions;

• domestic violence;

• drugs;

• equipment;

• ethics;

• environmental crimes;

• firearms;

• future of policing;

• information resources;

• investigative techniques;

• juveniles;

• leadership/management concerns;

• negotiation/interviewing skills;

• police-community relations;

• technology; and

• training.

How Do You Write an Article?

Authors should write in third person anduse active voice. They should supply referenceswhen quoting a source exactly, citing orparaphrasing another person’s work or ideas, orreferring to information that generally is not

well known. Authors should study severalissues of the magazine to ensure that theirwriting style meets the Bulletin’s require-ments. Most important, authors shouldcontact the Bulletin staff for the expandedauthor guidelines, which contain additionalspecifications, detailed examples, and effec-tive writing techniques.

The Bulletin judges articles on relevanceto the audience, factual accuracy, analysis ofthe information, structure and logical flow,style and ease of reading, and length. The staffedits all manuscripts for length, clarity, format,and style.

The Bulletin generally does not publisharticles on similar topics within a 12-monthperiod or accept articles previously publishedor currently under consideration by othermagazines. Because it is a government publi-cation, the Bulletin cannot accept articles thatadvertise a product or service.

How Do You Submit an Article?

• Send a query letter and short outline or

• Submit a completed manuscript to—Editor, FBI Law Enforcement BulletinFBI Academy, Quantico, VA 22135Telephone: 703-632-1952E-mail: [email protected].

The Bulletin staff will review queries andarticles and advise the authors of acceptanceor rejection. The magazine cannot guarantee apublication date for accepted articles

Authors should submit three copies oftheir articles typed and double-spaced on8 1/2- by 11-inch white paper with all pagesnumbered. When possible, authors shouldinclude an electronic version of the articlesaved on computer disk. A photograph of theauthor(s) should accompany the article.

June 2000 / 23

n the past, doctors had closerrelationships with their pa-tients than they do now. They

well-maintained structures, the in-tegral neighborhood shows a highlevel of pride. Law-abiding citizensvisibly interact, indicating a stronginternal support system in theneighborhood. Residents also havea link to outside organizations,which helps them solve problems.

Residents in the parochialneighborhood have homogeneousvalues and cultures. They insulatethemselves and try to “take care of

their own” without involving thepolice. In the diffuse neighborhood,residents have a great deal in com-mon but rarely interact. This maylimit their ability to quickly per-ceive and react to problems.

As its name implies, the step-ping-stone neighborhood servesas a stepping stone for many resi-dents. Small single-family resi-dences, townhouses, and apart-ment buildings characterize this

Iknew them all by name, and theyeven made house calls. Today, thepractice of medicine has given wayto health maintenance organiza-tions, where doctors may see hun-dreds of patients and may never getto know them on a first-name basis.American policing has evolved inmuch the same manner. The desireto create an ethical and efficient po-lice force moved officers from footbeats to patrol cars. The pendulumhas swung back as police depart-ments adopt community policingprinciples.

Although the small-town doc-tor may have become a relic, policedepartments would do well to taketheir cues from the medical profes-sion.1 Physicians know a great dealabout disease and the nature of inju-ries; they treat patients based on thecollective knowledge and experi-ence in the treatment of illness.They observe the symptoms presentin the patient, diagnose the disease,prescribe the treatment, then moni-tor the patient’s progress. At thesame time, they practice preventivemedicine and educate the public. Totreat the causes of illness in thecommunity, the police must do thesame.2

The Anatomy ofa Healthy Community

The police first must under-stand what defines a healthy com-munity in order to learn whatthreatens its health. Six types ofneighborhoods exist that exhibitvarious levels of well-being.3 Withits well-manicured lawns and

A Medical Model forCommunity PolicingBy JOSEPH A. HARPOLD, M.S.


neighborhood. Although residentstend to move out quickly, they getinvolved in community organiza-tions and assume leadership posi-tions. In transitory neighborhoods,residents either move frequently orhave so little in common that thecommunity lacks consensus and co-hesion. As neighbors isolate them-selves, it becomes more difficult toimprove conditions, which have be-gun to deteriorate. Isolation andalienation characterize the anomicneighborhood, where residentshave accepted criminal victimiza-tion as a way of life. Still, suchcommunities remain susceptible tooutside influences, both bad andgood. A lack of defined leadershipmakes problem solving difficult,but not impossible.

As these neighborhoods illus-trate, the existence of a strongsupport system and high levels ofpride and self-esteem represent thecore of a healthy community.

In their ground-breaking article“Broken Windows,” James Q. Wil-son and George Kelling indicatethat broken windows measure theamount of pride and self-esteem ina community.4 In healthy neigh-borhoods, residents fix windowsquickly; in deteriorated neighbor-hoods, it takes a little longer. Inthe worst neighborhoods, brokenwindows give way to boarded-upand abandoned buildings. Policeagencies recognize that whenbroken windows remain unfixed,crime problems left untreated festerand develop into cancer. Its symp-toms manifest in repeat calls forservice.

Yet, just as doctors can detectcancer early and prevent it fromspreading, police can work in com-munities to influence the variablesthat threaten community pride andself-esteem. Early treatment cankeep the community from becom-ing ill. For example, in some

communities, a patrol officer whosees or hears of graffiti pages a pub-lic works employee who immedi-ately paints over the graffiti. Thisaction sends a message that peoplecare and that a support system existsto ensure community health.

The Patient’s Medical History

Once they understand how dis-ease attacks the patient’s anatomyand support system to produce vari-ous symptoms, the police can sys-tematically get to know the patient,just as the family physician collectsa medical history. This involves afour-step process.

First, sociodemographic data—for example, level of income, edu-cation, and community resources—available from the U.S. CensusBureau provide important informa-tion on crime.5 Generally, a declinein sociodemographics creates a risein reported crime, reflecting the on-set of disease in the patient. Whensociodemographics improve, ahealthier patient results.

In addition to a communityanalysis, a medical history also re-quires comparative crime analysis.Crime analysis requires collecting,categorizing, analyzing, and dis-seminating to line personnel timelyand useful information that de-scribes crime patterns, crime trends,and potential suspects. Communitysurveys and citizen interviews com-plete the four-step process. How dothe patients themselves say theyfeel?

Based on the knowledge of thepatient’s medical history and thedoctor’s expertise in anatomy anddisease symptomology, the doctorcan diagnose illnesses in the

”

“ ...policedepartments

would do well totake their cues

from the medicalprofession.

Special Agent Harpold is an instructor in theBehavioral Science Unit at the FBI Academy.

June 2000 / 25

patient. Other members of the po-lice department—as well as othergovernmental, public, and privateorganizations—represent the spe-cialists that patrol officers may needto call for particular expertise totreat the patient.

The Prescription

The medical team should con-sider every means available to treatpatients, including traditional andnontraditional responses, as well asboth reactive and proactive strate-gies. Just as doctors use seeminglythreatening methods, such asdefibrillation and chemotherapy, tosave lives, the police must performsimilar operations. Their methodsinvolve search and seizure, arrest,use of lethal force, and the like.Oftentimes, however, these meth-ods treat the symptoms of the dis-ease rather than the illness itself.Thus, the police must apply a fullrange of treatments to solve the un-derlying problem and end repeatcalls for service.

At the same time, the doctormust evaluate the patient to ensurethat the prescribed treatment works.By conducting surveys and inter-views, performing crime analyses,and using other evaluation tools, thepolice can assess the effectivenessof their approaches. A computer-aided dispatch system, for example,can flag repeat calls for service tothe same location. If the police con-stantly scan for problems and lookfor symptomology reflected in re-peat calls to particular locations,they may be better able to restorethe patients to health before neigh-borhoods deteriorate so badly thatthey require intensive care.

Intensive Care

Intensive care involves the ap-plication of governmental, public,and private services in one location.Neighborhood Network Centers,sometimes called Community Cen-ters, serve communities with a per-manently assigned police officerand other agencies’ representativesassigned part time. Police execu-tives should make it clear that oncethe treatment resuscitates the

Preventive Medicine

Doctors know that patients whotake care of themselves will be lessvulnerable to infection, and at thesame time, patients who do get sickcan recover more quickly and com-pletely. So, primary-care physiciansadvocate that their patients eatright, exercise, get enough sleep,take vitamins, and give up harmfulpractices, such as smoking and ex-cessive drinking.

Preventive medicine also con-stitutes an important part of the po-lice treatment methodology. Thepolice should advocate crime pre-vention practices, such as Neigh-borhood Watch, in the communitiesthey serve. While such programs donot make neighborhoods impervi-ous to crime, they can create an in-ternal support system that makesthe community stronger in the fightagainst disease. They also help edu-cate the public.

Health Education

Community education repre-sents a crucial component in help-ing patients share responsibility fortheir own health as well as definingthe legal boundaries for their behav-ior. Community policing shouldcreate citizens who are vigilant, notvigilantes.

One of the best vehicles foreducating the community, Neigh-borhood Watch should broaden toinclude problems other than crimeand also may include social eventsand other activities that result in asense of community. The policemust not let anonymity creep be-tween the doctor and the patient andamong the patients themselves. In-teraction among law-abiding

neighborhood, the other agencyrepresentatives will return to theiroffices, where citizens may contactthem on an as-needed basis. Other-wise, residents may become depen-dent on the care instead of strength-ening their support systems so theycan take care of themselves. Ofcourse, the police remain in theneighborhood and can serve as liai-sons between the other agencies andthe residents.

Intensive care represents theextreme, a last resort to save aneighborhood from death. Beforeimplementing this approach, the po-lice should help residents practicepreventive medicine.

Preventivemedicine alsoconstitutes an

important part ofthe policetreatment

methodology.

”

“


citizens on a regular basis providesan important indicator of health. Inthe sickest neighborhoods, resi-dents do not even know who livesnext door.

The Citizen Police Academyhas become another effective com-munity education tool. This pro-gram allows the police to selectcommunity leaders to learn not onlywhat the police do but, more impor-tant, why they do it. It provides two-way communication in a nonthreat-ening environment, raises the imageof the police in the eyes of the com-munity, and gives the police the op-portunity to develop a relationshipwith citizens that parallels the doc-tor-patient relationship. Rather thanblame the doctor when they becomeill, patients share in the responsibil-ity for their own health.

Either alone or in conjunctionwith Neighborhood Watch, Citi-zens on Patrol programs help com-munity members share responsibil-ity for a healthy neighborhood.Residents become the eyes and earsof the police in their neighborhoodsand report suspicious or criminalactivity to the police via radios orcellular phones.

Blending program concepts of-ten involves unique communityeducation issues. For instance, afew years ago, the National Sher-iffs’ Association blended the con-cepts of Neighborhood Watch andVictim Assistance. At Neighbor-hood Watch meetings, neighborsvolunteer to provide such servicesas cooking, driving, and baby-sit-ting to neighbors who have beenvictimized. In doing so, residentsrequire fewer outside services andalso take responsibility for one an-other in times of crisis.

Bedside Manner

Doctors have come to realizethat convincing patients to followtheir treatment or preventivemedicine directives requires a rela-tionship based on mutual respect.Likewise, police officers need theappropriate bedside manner to de-velop a proper relationship withcitizens. In policing, appropriatebedside manner means treating ev-eryone with courtesy and respectunless they prove that they do not

need to change the way they recruit,hire, and promote their officers.They may need to purposefully se-lect officers who live with a golden-rule, or service-oriented, mindset.At the same time, training officersto perform in this manner and re-warding such performance can in-fluence their behavior. Perhaps themost dramatic change may come tothose who realize that their next payraise depends on citizens’ evalua-tion of their bedside manner.

Physician, Heal Thyself

Police agencies need to behealthy before they can treat thecommunity’s illnesses and injuries.Signs of good health include pride,self-esteem, quality leadership,comprehensive training, and boardcertification. Officers also shouldreceive continual training in state-of-the-art responses based on cur-rent research. Ongoing trainingremains one of the best ways todefend against liability lawsuits,the police officer’s equivalent ofmalpractice.

Conclusion

Doctors who make house callsmay no longer exist, but when citi-zens call the police, they expect anofficer to show up at their door.Unfortunately, merely comingwhen called will not cure acommunity’s ills. The police canfollow the lead of the medical pro-fession to treat and prevent diseasein the communities they serve.

With a knowledge of thepatient’s anatomy and medical his-tory and analysis of the disease’ssymptoms, the police can workwith other specialists in the commu-nity to diagnose illnesses, prescribe

deserve it; it means taking a fewextra minutes to educate citizens; itmeans not treating people in a pa-tronizing manner. And, accordingto the Coosbay, Oregon, Police De-partment’s policy, bedside mannermeans taking the time at the end of acall to ask, “Is there anything elsewe can do to make you feel safertoday?” Proper bedside manner of-ten requires that police officers askthemselves if they would desire thesame treatment. It requires “naivelylistening”6 to patients, and if theymake a plausible, cost-effectivesuggestion, implementing it.

In order to cultivate appropriatebeside manner, police agencies may

“Ongoing trainingremains one of the

best ways to defendagainst liability

lawsuits, the policeofficer’s equivalent

of malpractice.

”

June 2000 / 27

T he FBI Law Enforcement Bulletin staff invitesyou to communicate with us via e-mail. Our

Internet address is [email protected] would like to know your thoughts on

contemporary law enforcement issues. Wewelcome 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 anumber of computer services,as well as the FBI’s home page.The home page address ishttp://www.fbi.gov.

The Bulletin’sE-mail Address

medication, and evaluate the treat-ment plan. They also can educatetheir patients and convince themto practice preventive medicine. Inaddition, they should remain well-versed on the latest diseasesand treatment techniques. Finally,and perhaps most important ofall, they always should demonstratean appropriate bedside mannerand always practice what theypreach.

Endnotes

1 This article was adapted from J.A.Harpold, “A Community Doctoring: A

Medical Analog to Community Policing,” inOrganizational Issues, ed. J.T. Reese and R.M.Solomon (Quantico, VA: U.S. Department ofJustice, Federal Bureau of Investigation, 1996),319-333.

2 For a comparison of policing to medicine,see, e.g., R. Trojanowicz and B. Rucqueroux,Community Policing: A Contemporary

Perspective (Cincinnati, OH: Anderson, 1990),35-38; and H. Goldstein, Problem-oriented

Policing (New York: McGraw-Hill, 1990),106.

3 Rachelle B. Warren and Donald I. Warren,The Neighborhood Organizer’s Handbook

(Notre Dame, IA: University of Notre DamePress, 1977), 92-124.

4 James Q. Wilson and George L. Kelling,“Broken Windows,” The Atlantic Monthly,March 1982, 29-38.

5 See R.L. Depue, “Community AnalysisWorksheet,” in A Manual for the Establishment

and Operation of a Foot Patrol Program, ed.R. C. Trojanowicz and P.R. Smyth (E. Lansing,MI: The National Neighborhood Foot PatrolCenter, Michigan State University, School ofCriminal Justice, 1984), 37-47.

6 T. Peters and N. Austin, A Passion for

Excellence: The Leadership Difference (NewYork: Random House, 1985), 13-17. In theirbook, the authors credit the chairman ofAllergan with pioneering this business practice,which involves getting direct feedback fromcustomers in their own words.


Legal Digest

Flight as Justificationfor SeizureSupreme Court RulingsBy MICHAEL E. BROOKS, J.D.

he Fourth Amendment tothe U.S. Constitution pro-hibits government agents

police is not a Fourth Amendmentseizure.2 Voluntary contact in-cludes a police officer approachingan individual and simply askingquestions.3 Temporary investiga-tive detentions are among the lawenforcement actions, other than ar-rests, that have been held to consti-tute Fourth Amendment seizures.4

A temporary investigative de-tention allows a law enforcementofficer, with reasonable suspicionto believe that a subject is engaged

in criminal behavior, to detain thatsubject while the officer conductsfurther reasonable investigation.5

Not all temporary investigative de-tentions are the same. What the lawenforcement officer does during thedetention to confirm or allaythe officer’s suspicions dependsupon the facts of each particulardetention.6

The length of the detention islimited to the reasonable time nec-essary to investigate the officer’ssuspicions.7 Therefore, officerswho have not developed probablecause to justify an arrest, or whohave not allayed their suspicions,may be required to release a tempo-rary detainee after a reasonabletime.8 As a general rule, temporarydetainees should not be moved.9 Atemporary detention alone does notjustify a search of the detainee’sperson or the area within thedetainee’s immediate control. How-ever, a reasonable suspicion, alsobased upon articulable facts andcircumstances, that the detainee isarmed justifies a frisk of thedetainee’s outer clothing forweapons.10

The reasonableness of FourthAmendment seizures depends uponthe amount of knowledge that theseizing officer possesses at the timeof the seizure. An arrest requiresthat the officer has probable causeto believe the subject arrested iscommitting or has committed acrime. A temporary investigativedetention is reasonable when the of-ficer has reasonable suspicion,based upon articulable facts and cir-cumstances, that the detainee hasbeen or is engaged in criminalbehavior.11

Tfrom conducting unreasonable sei-zures. The U.S. Supreme Court hasruled that a Fourth Amendment sei-zure of a person only occurs when agovernment agent intentionallyuses physical force or a show ofauthority so that a reasonable per-son would not feel free to leave or toend the encounter.1 Voluntary con-tact between an individual and the

© Mark C. Ide

June 2000 / 29

What facts are sufficient to con-stitute the reasonable suspicion nec-essary to temporarily detain some-one? Can an individual’s flightfrom an officer, upon the individualbecoming aware of the officer’spresence, justify the officer pursu-ing the individual and detaining theindividual against the individual’swill? The Supreme Court recentlyaddressed this issue in the case ofIllinois v. Wardlow12 providing bothguidance and additional questionsfor the law enforcement officer.

Illinois v. Wardlow

On September 9, 1995, policeofficers were driving a four-carcaravan through an area of Chicagoknown for heavy narcotics traffick-ing. Two uniform officers in the lastcar of the caravan observed WilliamWardlow standing on the sidewalkholding an opaque bag. Wardlowlooked in the direction of the of-ficers and immediately fled. The of-ficers gave chase and caughtWardlow. One of the officers justi-fied conducting a frisk for weapons,due to his experience that weaponswere commonly present in the vi-cinity of narcotics transactions. Theofficer found the opaque bag,squeezed it, and felt a hard object inthe shape of a gun. The officeropened the bag and found a loadedhandgun. Wardlow was then ar-rested for a weapons violation.13

At trial, Wardlow moved tosuppress the weapon by arguingthat his detention and the subse-quent frisk were unreasonable un-der the Fourth Amendment. Thetrial court held that the officer’s ac-tions were a lawful stop and frisk.However, two Illinois appealscourts reversed. The First District

Appellate Court of Illinois ruledthat flight alone does not justify aninvestigative detention. The courtsaid that despite the fact that theofficers were in a “high narcoticstraffic” area, there was no testi-mony that the actual location whereWardlow was standing when hewas first observed was a “specificarea of narcotics activity.” Withoutsuch testimony, the Appellate Courtof Illinois decided the trial courtwas in error in finding a reasonablesuspicion that Wardlow was en-gaged in criminal activity.14

On further appeal, the IllinoisSupreme Court disagreed with theAppellate Court of Illinois andruled that the officers could con-sider the common criminal activityin the area where Wardlow was firstobserved. However, unlike the Ap-pellate Court of Illinois, the IllinoisSupreme Court concluded that sud-den unexplained flight, even in ahigh-crime area, may not be consid-ered in determining if there is a rea-sonable suspicion of criminal activ-ity that justifies a temporarydetention.15 The Illinois SupremeCourt viewed Wardlow’s flight as

nothing more than a refusal to agreeto a voluntary conversation andheld that no inference could bedrawn from it. Therefore, the Illi-nois Supreme Court ruled that thetrial court erred in allowing the of-ficer to consider the flight in findinga reasonable suspicion of Wardlowbeing involved in criminal activ-ity.16 The U.S. Supreme Courtagreed to hear Illinois’ appeal.

Supreme Court Holding

Chief Justice Rehnquist, writ-ing for a 5-4 majority of the Court,noted that the officers were boundby the Terry standard of reasonablesuspicion in effecting their investi-gative detention of Wardlow, andthat reasonable suspicion must bebased on something more than an“inchoate and unparticularized sus-picion or ‘hunch’ of criminal activ-ity.”17 The Court noted thatWardlow’s mere presence in anarea of expected criminal activitywas insufficient justification of areasonable suspicion of criminal ac-tivity.18 However, unlike the Ap-pellate Court of Illinois, the Courtruled his presence in a high-crime

“

”

The length of thedetention is

limited to thereasonable time

necessary toinvestigate the

officer’ssuspicions.

Special Agent Brooks is a legalinstructor at the FBI Academy.


“A temporarydetention alone doesnot justify a search

of the detainee’sperson or the area

within the detainee’simmediate control.

”

area was a relevant fact which theofficers could consider in decidingif there was a reasonable suspicionthat Wardlow was involved incriminal activity.19

The Court then held that unex-plained flight, upon noticing the po-lice, is a pertinent factor in deter-mining if reasonable suspicionexists. The Court noted that its ear-lier decisions had recognized ner-vous behavior as a pertinent factorin such a determination.20 JusticeRehnquist rationalized that, “head-long flight—whenever it occurs—is the consummate act of evasion: itis not necessarily indicative ofwrongdoing, but it is certainly sug-gestive of such.... The determina-tion of reasonable suspicion mustbe based on common sense judg-ments and inferences about humanbehavior.”21 He noted that whilethere are innocent reasons for flightfrom police, the standard of knowl-edge for an investigative detention,reasonable suspicion, does not re-quire absolute proof of criminal ac-tivity. The Fourth Amendment re-quires reasonable action by thepolice; it does not require that ev-eryone who is temporarily detainedbe guilty of a criminal offense.22 Forthese reasons, the Illinois SupremeCourt ruling was reversed.

Totality of Circumstances

The most important lesson forlaw enforcement to learn from theWardlow decision is that the Su-preme Court did not hold that unex-plained flight from the police, inand of itself, is a sufficient justifica-tion for a temporary detention. Aclose reading of the majority deci-sion reveals that the Supreme Courtdid not address this issue because

there was another factor besides theflight—the presence in the high-crime area—and together these twofactors justified the reasonable sus-picion of criminal activity.

Justice Stevens said in a dissentthat the majority had refused toadopt both the Illinois SupremeCourt holding that unexplainedflight is never a justification for areasonable suspicion of criminal ac-tivity, and the opposing view thatunexplained flight alone is alwaysjustification for such a suspicion.Clearly, the majority decision re-jected an absolute ban on the use of

test, which officers must meet tojustify reasonable suspicion orprobable cause.24 Under such a test,it is unlikely that the Supreme Courtever will hold that any one particu-lar factor always justifies a reason-able suspicion of criminal activityin all circumstances. For example,an individual wearing a ski maskoutside a bank normally gives riseto a reasonable suspicion of crimi-nal activity. But what if it is Januaryin Minnesota? Likewise, an indi-vidual who unexplainedly fleesupon noticing a police officer nor-mally arouses a suspicion of crimi-nal activity. However, an individualin running clothes stretching on astreet corner who begins to run atthe approach of an officer does notarouse such a suspicion. The total-ity of the circumstances test is justthat—consideration of all of thecircumstances.

What other factors, aside frompresence in a high crime area, will,in conjunction with unexplainedflight, justify a reasonable suspi-cion of criminal activity in light ofthe Wardlow holding? What if a lawenforcement officer encounters agroup of individuals in a low-crimearea? If they flee upon seeing anofficer, is the officer justified intemporarily detaining them in an at-tempt to determine why they fled?Individuals in a low-crime area mayarguably have less reason to fleeupon the sight of the police withouthaving the desire to avoid the detec-tion of criminal activity, than doindividuals in a high-crime areawhere public opinion of the policemay be less favorable.25 Officersstill must articulate all of the factsthat led to their suspicion of crimi-nal activity. Officers cannot simply

unexplained flight as a factor in jus-tifying reasonable suspicion. How-ever, it did not decide the issue ofwhether unexplained flight aloneconstitutes reasonable suspicion ofcriminal activity. Instead, under theWardlow facts, the majority of theSupreme Court adopted a middleground that unexplained flight is afactor that an officer may use indeveloping a reasonable suspicionof criminal activity that will justifya temporary detention.23

This continues the long-stand-ing “totality of the circumstances”

June 2000 / 31

list the unexplained flight and as-sume that because of the Wardlowdecision the flight alone will beenough.

The Wardlow decision does notaffect the law regarding frisks forweapons during temporary deten-tions.26 The law is clear that the rea-sonable suspicion of criminal activ-ity that justifies a temporarydetention does not, by itself, alsojustify a frisk for weapons.27 To jus-tify such a frisk, the officer mustarticulate specific facts and circum-stances justifying the officer’s rea-sonable suspicion that the detaineeis armed.28

A frisk for weapons, basedupon a reasonable suspicion that thedetainee is armed, must be limitedto just that—a pat-down search forweapons on the detainee’s personand within the detainee’s area ofimmediate control.29 If the detainedindividual is in a vehicle and a lawenforcement officer has a reason-able suspicion to believe the indi-vidual is armed, the Supreme Courthas ruled that the frisk for weaponsmay be expanded to include the pas-senger compartment of the ve-hicle.30 This is justified by the factthat the officer may have to let thedetainee get back into the vehicle ifprobable cause is not developedduring the detention. During a friskfor weapons, suspicious items mayonly be further examined if the of-ficer has a reasonable suspicion tobelieve that the item is a weapon orif the officer immediately recog-nizes it to be contraband or otherevidence of criminal activity.31 Afrisk of a vehicle must be limited tothose areas where an officer couldreasonably expect a weapon to belocated.32

In Wardlow, the frisk of his per-son and the opaque bag only couldbe justified by the fact thatWardlow was in an area known for“heavy narcotics trafficking” com-bined with the officer’s experiencethat guns are prevalent in such ar-eas.33 The law enforcement admin-istrator must insure that officers un-derstand the Terry standards ofreasonable suspicion for both a tem-porary investigative detention andfor a frisk for weapons as part ofthat same temporary detention.

The Wardlow decision does notchange in any way the law concern-ing an individual’s rights and obli-gations when confronted by the po-lice. An individual still isconstitutionally justified in refusingto engage in a voluntary conversa-tion with a police officer.34 Unlessthe officer can articulate a reason-able suspicion that the person is in-volved in criminal activity, the of-ficer may not prevent the individualfrom leaving such an encounter.35

All Wardlow adds to the law in thisarea is that if the individual flees,instead of walking away, the officer

may consider the flight in the total-ity of circumstances in deciding ifthere is a reasonable suspicion ofcriminal activity.

Reasonable suspicion (in thecase of temporary detentions) andprobable cause (in the case of ar-rests) is determined by what the of-ficer knows at the time a seizure ismade. Therefore, it is important toknow when a seizure occurs. TheSupreme Court considered this is-sue in California v. Hodari D.,36 thefacts of which are remarkably simi-lar to Wardlow. Two Oakland offi-cers wearing police jackets were pa-trolling a high-crime area in anunmarked vehicle and came upon agroup of youths standing at a ve-hicle. The youths and the vehiclefled at the appearance of the policevehicle. The officers gave chaseand one officer was able to flankHodari, who then tossed away whatappeared to be a “rock.” Hodari wascaptured, and the rock turned out tobe crack cocaine.

California state appellate courtsruled that the seizure of Hodari oc-curred when Hodari saw the officerrunning towards him, before hetossed the “rock.” California con-ceded that the officer did not have ajustifiable reasonable suspicion ofcriminal activity until Hodari threwthe “rock.”37 Therefore, the U.S.Supreme Court only addressed theissue of when the seizure occurred,not whether Hodari’s flight justi-fied reasonable suspicion of crimi-nal activity. Justice Scalia, writingfor a 7-2 majority, held that the sei-zure did not occur until the officergained control of Hodari, not whenthe chase began. In that light, thedetention was reasonable because atthe time the officer caught Hodari,

© Mark C. Ide

Officer Walsh Officer Elvish


Officers Mike Walsh and Jeff Elvish of the ThunderBay, Ontario, Police Department responded to a call thata woman was attempting to commit suicide. Afterswimming in frigid water to an abandoned concrete dockpiling, the woman had slit her wrists and was waiting forhypothermia and the loss of blood to take her life. As theofficers attempted to talk with the female, she began tocut deeper into her wrists. Officers Walsh and Elvishshed their heavy gear and swam through the icy water intime to grab the female before she was taken by the swiftcurrent. The officers administered first aid to stop thebleeding and held onto her until additional rescuepersonnel arrived with a boat. The courage and selflessactions of these officers saved the woman’s life.

Law enforcement officers of other thanfederal jurisdiction who are interested inthis article should consult their legaladvisors. Some police procedures ruledpermissible under federal constitutional laware of questionable legality under state lawor are not permitted at all.

the officer had already observedHodari throw the “rock.”38

Conclusion

Law enforcement administra-tors must continue to evaluate theirpolicies concerning what actionsare appropriate when an individualflees upon the approach of a policeofficer. Officers must be instructedto note all pertinent facts observedboth before and during any chase.These facts are essential to supporta reasonable suspicion of criminalactivity necessary to justify a tem-porary investigative detention.

Endnotes

1 United States v. Mendenhall 446 U.S. 544,554 (1980).

2 Florida v. Bostick 501 U.S. 429, 434(1991).

3 Id.

4 Terry v. Ohio 392 U.S. 1, 19 (1968).5 Id. at 22.6 Id. at 27.7 United States v. Montoya de Hernandez

473 U.S. 531, 543 (1985).8 United States v. Place 462 U.S. 696, 709-

10 (1983).9 Hayes v. Florida 470 U.S. 811, 814

(1985).10Terry v. Ohio, at 24.11 Id. at 21.12 120 S. Ct. 673 (2000)13 Id. at 674-75.14 People v. Wardlow 678 N.E.2d 65, 67 (Ill.

App. 1 Dist. 1997).15 People v. Wardlow 701 N.E.2d 484, 486

(Ill. 1998).16 Id. at 486-87.17 Illinois v. Wardlow supra. at 676.18 Id. citing Brown v. Texas 443 U.S. 47

(1979).19 Id. citing Adams v. Williams 407 U.S. 143

(1972).20 Id.21 Id.22 Id. at 677.23 Id.24 Id. at 682, Justice Stevens dissenting.

25 Id. at 680-81, Justice Stevens dissenting.26 Id. at 676.27 Terry v. Ohio, at 24; Adams v. Williams,

at 146.28 Id.29 Michigan v. Long 463 U.S. 1032 (1983).30 Id. at 1049.31 Minnesota v. Dickerson 113 S. Ct. 2130,

2139 (1993).32 Michigan v. Long, at 1049.33 The U.S. Supreme Court did not decide if

the frisk of Wardlow was justified because thatissue was not before it.

34 Florida v. Royer 460 U.S. 491, 498(1983).

35 Id. at 505.36 499 U.S. 621 (1991).37 Id. at 623.38 Id. at 626.

The Bulletin Notes

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

Officer Heisser

During the early morning hours, Officer Robert Heisser of the Latana,Florida, Police Department determined that a middle-aged male with aphysical handicap was in distress in the ocean. Without hesitation, OfficerHeisser removed his duty belt and swam 50 yards out to the subject in thedark. Officer Heisser called out to the subject and, receiving no response andseeing the subject gounderwater, grabbedhold of him to keep himabove the surface. Aftercalming the subject,Officer Heisser swamback to shore holding

the subject in his arms. Due to OfficerHeisser’s courageous actions that wentbeyond the call of duty, as well as his nonjob-related training in rescue diving, the subject’slife was saved.

Nominations for the Bulletin Notes should be basedon either the rescue of one or more citizens orarrest(s) made at unusual risk to an officer’s safety.Submissions should include a short write-up(maximum of 250 words), a separate photograph ofeach nominee, and a letter from the department’sranking officer endorsing the nomination. Submis-sions should be sent to the Editor, FBI Law Enforce-ment Bulletin, FBI Academy, Madison Building,Room 209, Quantico, VA 22135.

Officer Rosania Officer Corcoran

Officers Raymond Rosania and Michael Corcoranof the West Orange, New Jersey, Police Departmentdiscovered a structure fire at a residence. After hearingmoans coming from the rear of the dwelling, OfficersRosania and Corcoran entered the burning residenceunprotected. The officers avoided the debris fallinginside the house and the life-threatening conditionsfrom the intense fire to successfully locate a victim andlead him to safety. The dedication and courage exhib-ited by Officers Rosania and Corcoran saved the man’slife.

PeriodicalPostage and Fees PaidFederal Bureau of InvestigationISSN 0014-5688

U.S. Department of JusticeFederal Bureau of Investigation935 Pennsylvania Avenue, N.W.

Washington, DC 20535-0001

Official Business

Penalty for Private Use $300

Patch Call

The components of the Victoria, Australia, PoliceForce patch depict the crown—the symbol of RoyalAuthority—which indicates that the force is part of anorganization of Her Majesty, the Queen; the laurelwreath, which symbolizes valor; and the five-pointstar, which denotes the multiplicity of police duties.The circular title band bears the title of the service towhich the wearer belongs; the center piece representsthe constellation of the Southern Cross; and the motto“Uphold the Right” typifies the force’s role in societyand signifies the basis of each member’s duty.

The patch of the Florence, Oregon, Police Depart-ment portrays several of the area’s features, such asthe sandy beaches, great ocean views, and abundanceof sunshine. An unusual bridge that spans the SiuslawRiver decorates the lower part of the patch and therhododendron bush, which blooms in great profusioneach year with its many bright colors, adorns the rightside of the patch.

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