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POLICE POLICYMAKING TO STRUCTURE DISCRETION - THE BOSTON (MA) EXPERIENCE - FINAL REPORT

NCJ Number
58941
Date Published
1978
Length
651 pages
Annotation
A PROJECT TO DEVELOP AND EVALUATE POLICE AGENCY GUIDELINE TO STRUCTURE POLICE DISCRETION IN THE BOSTON, MASS., POLICE DEPARTMENT IS DESCRIBED AND DISCUSSED IN RELATION TO NATIONAL POLICE POLICYMAKING ISSUES AND PRACTICES.
Abstract
STAFF MEMBERS OF THE BOSTON UNIVERSITY CENTER FOR CRIMINAL JUSTICE COLLABORATED WITH BOSTON POLICE PERSONNEL TO CONDUCT THE STUDY AND DEVELOP CRIMINAL INVESTIGATIVE GUIDELINES FOR BOTH THE DETECTIVE AND THE PATROL FUNCTIONS. OTHER PROJECT GOALS WERE TO EVALUATE THE GUIDELINE DEVELOPMENT PROCESS, APPLY GUIDELINES WITHIN THE BOSTON DEPARTMENT, AND DEVELOP NATIONALLY APPLICABLE GUIDELINES. POLICE DISCRETIONARY AREAS CONSIDERED INCLUDED INTERPRETING LEGISLATIVE INTENT, DEALING WITH INDIVIDUAL CASES ON AN INDIVIDUAL BASIS, AND SETTING PRIORITIES BASED ON TIME AND RESOURCE CONSTRAINTS. AREAS STUDIED INCLUDED SEARCH WARRANTS, MOTOR VEHICLE SEARCHES, SEARCHES INCIDENT TO ARREST, STOP AND FRISK, EYEWITNESS IDENTIFICATION, ARREST AND DRUG LAW ENFORCEMENT. STUDY METHODS USED INCLUDED LITERATURE REVIEW, VIDEO TAPES AND DISCUSSION OF HYPOTHETICAL SITUATIONS, FIELD OBSERVATIONS, QUESTIONNAIRES, AND REVIEW OF COURT AND POLICE RECORDS, AS WELL AS SITE VISITS TO THREE OTHER CITIES. RESULTS SHOWED THAT CRIMINAL INVESTIGATIVE PROCEDURES ARE LESS IN NEED OF PROCEDURAL GUIDELINES THAN ARE POLICE PROBLEMSOLVING AND SELECTIVE ENFORCEMENT. SECOND, POLICE PERSONNEL HAVE FEW INCENTIVES TO USE THE GUIDELINES DEVELOPED IN THE PRESENT STUDY FOR CRIMINAL INVESTIGATIVE PROCEDURES. THIRD, RESOURCE LIMITS AND LACK OF POLITICAL PRESSURES MAKE SUCH GUIDELINE DEVELOPMENT UNLIKELY IN THE FUTURE. FOURTH, MECHANISMS FOR MONITORING THE EFFECTIVENESS OF GUIDELINES ARE CURRENTLY LACKING. FIFTH, THE COMBINATION OF THE BOSTON DEPARTMENT'S LEADERSHIP AND THE OUTSIDE EXPERTISE WAS LARGELY RESPONSIBLE FOR THE LIMITED SUCCESS OF THE POLICYMAKING PROJECT. SIXTH, THE GUIDELINES MAY NOT REPRESENT AN IMPROVEMENT OVER THE CURRENT DEFICIENCIES IN THE USE OF THE EXCLUSIONARY RULE. SEVENTH, NATIONALLY, FEW POLICE DEPARTMENTS EITHER HAVE OR WANT TO DEVELOP POLICY GUIDELINES TO STRUCTURE DISCRETION. ADDITIONAL CONCLUSIONS, EXTENSIVE TABLES, NOTES, REFERENCES, A LITERATURE REVIEW, AND EXTENSIVE APPENDIXES INCLUDING RESULTS, METHODOLOGY, AND THE CRIMINAL INVESTIGATIVE GUIDELINES DEVELOPED FOR THE BOSTON POLICE DEPARTMENT ARE INCLUDED. (CFW)