Journal of Criminal Law and Criminology

Volume 61 | Issue 4 Article 17

1971

Police Role: A Case of Diversity, TheRichard H. Ward

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Recommended CitationRichard H. Ward, Police Role: A Case of Diversity, The, 61 J. Crim. L. Criminology & Police Sci. 580 (1970)

1TnE JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Vol. 61, No.4Copyright 0 1971 by Northwestern University School of Law Printed in U.S.A.

THE POLICE ROLE: A CASE OF DIVERSITY*

RICHARD H. WARD

The author is an Instructor, John Jay College of Criminal Justice, City University of New York,and a doctoral candidate at the School of Criminology, University of California, Berkeley. He holdsa masters degree in criminology from the University of California and received his B.S. from JohnJay College of Criminal Justice, City University of New York. In addition to eight years of expe-rience with the New York Police Department he has served as a researcher for the San FranciscoCommittee on Crime.-EDnoR.

The policeman's role has come under considera-ble scrutiny in the past few years. Unfortunately,much of the writing that deals with the subject iswoefully inadequate with regard to a true under-standing of the police role in contemporary society.A major failing has been the lack of an adequatedefinition, and this has led to much confusion.The state that now exists, then, is often one inwhich the policeman is seen as an individual whocarries a gun, wears a badge, and is sworn to"enforce" the law. All too often he is seen, andstudied in atmosphere which gives rise to thebelief that poice attitudes, methods and characterare more thaln similar and do not vary much withrespect to geographical location.

Thus, while many of the aims of individualpolice departments may be the same, there isgood reason to believe that the actual roles adoptedare markedly different. Germann, Day and Gallatipoint out that police goals refer to two major ob-jectives:

1. The prevention of crime and disorder and thepreservation of peace (for community security).

2. The protection of life and property and per-sonal liberty (for individual security).1

Undoubtedly, most contemporary police agenciessubscribe to such goals. However, the ways inwhich these goals are achieved vary accordingto any number of criteria. The following paperattempts to shed some light on the diverse natureof the police role today.

J. Milton Yinger defines the role as a unit ofculture referring to the rights and duties, or

* The author would like to thank Dr. Nathan Adler,School of Criminology, Berkeley, and Dr. KermitGruberg, consulting psychiatrist to the BerkeleyPolice Department, for their assistance and commentsduring the preparation of this paper.

'GERm=N, A. C., F-ANR. D. DAY AND ROBERT R.5. GALLATI, INTRODUCTION To LAW ENFORCEMENT,(Springfield: Charles C Thomas, 1962), p. 25.

normatively approved patterns of behavior forthe occupants of a given position.2 Looking atthe police role in this light it would be difficult toargue that the role of a policeman in a small townis the same as that of one in a large metropolitancity. Recognizing this factor, it would be moreapropos to classify the term policeman as a position-referring to a unit of structure.

Another important consideration is the police-man's location within a particular milieu. Thetendency to stereotype police is not uncommon.In recent years he has been described as authori-tarian, brutal, uneducated, ultra-right in hispolitics, bigoted, cynical, and a criminal in blue.'No doubt, some of the labels are applicable, butthe evidence to back them up on a broad scaleis more than insufficient. Furthermore, there isgood reason to believe that much police behavioris concomitant with the overall environment inwhich he works.

Studies of police within the sociological frame-work of society have been, with the exception of afew recent works, relatively rare. Indeed, "in thetwenty-five year period from 1940 to 1965 onlysix articles remotely concerned with the policewere published in the American Journal of Sociologyand the American Sociological Review, the twomajor sociological journals The lack of data,combined with recent public interest in the police,has led a number of sociologists, social scientists,and psychologists to take a closer look at policein the United States. To date, their efforts have

2 YINGER, J. MILToN, TOWARlD A FlrE THEORY orBEHAVIOR (New York: McGraw-Hill Book Co., 1965),p. 99.

3 See, for instance, Niederhoffer on cynicism; Reisson brutality; and Smith, Locke and Walker on author-itarianism. Norman Mailer has described police asnatural criminals who happen to turn to law enforce-ment instead of crime.4 NIEDERHOrFER, ARTUR, BEHIND THE SHIELD,(New York: Doubleday and Company, Inc., 1967), p. 4.

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POLICE ROLE DIVERSITY

offered little in the way of a complete understand.ing of the police field. The primary reason, itseems, is the lack of a clear understanding as towhat the police role is in a given community.Needless to say, the problem of role definition isnot unique to the police field; Bruce Biddle andEdwin Thomas have written:

Perhaps the most common definition is that roleis the set of prescriptions defining what the be-havior of a position member should be. But thismuch agreement is at best but an oasis in a desertof diverging opinion. A careful review of the de-finitions reveals, however, that there is one nearlyuniversal common denominator, namely that theconcept pertains to the behavior of particularpersons.5

Because of its complex nature, though, the policerole has become an almost indefinable concept. Infact, in a recent survey conducted by the author,better than 85% of the officers responding agreedwith the statement: "It is difficult to define therole of the policeman in today's society." Thislack of consensus, or understanding, leads toinnumerable problems; both for the policemantrying to carry out his role, and the sociologisttrying to study it. Perhaps Niederhoffer bestexemplifies the problem of understanding policewhen he writes:

The policeman is a "Rorschach" in uniform as hepatrols his beat. His occupational accoutre-ments-shield, nightstick, gun and summonsbook-clothe him in a mantle of symbolismthat stimulates fantasy and projection."

Thus, the policeman represents many things tomany people. Beyond listing a number of functionsand duties it becomes increasingly difficult to setdown a useful definition of the police role. BruceSmith, author of Police Systems in the UnitedStates, says of the policeman:

The policeman's art consists of applying and en-forcing a multitude of laws and ordinances in suchdegree or proportion that the greatest degree ofprotection will be secured. The degree of enforce-ment and the method of application will vary witheach neighborhood and community. There are noset rules, nor even general guides, to the policy tobe applied. Each patrolman must, in a sense,determine the standard to set in the area for which

5 BmID.E, BRUCE J. Am EDwiN J. THOMAS, RoLETzORY: CONCEPTS Am RESEARCH, (New York: JohnWiley and Sons, Inc., 1966), p. 29.6 Niederhoffer, op. cit., p. 1.

he is responsible... Thus he is a policy-formingpolice administrator in miniature.

7

A number of sociologists disagree with thisview, however. Jerome Skolnick, for instance,maintains that the rule of law is far from importantin the police role:

Five features of the policeman's occupational en-vironment weaken the conception of the rule of lawas a primary objective of police conduct. One is thesocial psychology of the police work, that is, therelationship between occupational environment,working personality, and the rule of law. Secondis the policeman's stake in maintaining his positionof authority, especially his interest in bolsteringaccepted patterns of enforcement. Third is policesocialization, especially as it influences the police-man's administrative bias. A related factor is thepressure put upon individual policemen to "pro-duce"-to be efficient rather than legal whenthe two norms are in conflict. Finally, there is thepoliceman's opportunity to behave inconsistentlywith the rule of law as a result of low visibility tomuch of his conduct.8

Skolnick further contends that the police "are

increasingly articulating a conception of profes-sionalism based on narrow views of managerialefficiency and organizational interests." I Ed

Cray, on the other band, postulates the theorythat the police field is deteriorating:

For 100 years, police officers have been recruitedfrom the lowest social classes because the job haslittle to offer people capable of other work. The payis poor; the hours are long; the work is hazardous.As a result the cause and effect have been spiral.The job has low status in the community; con-sequently it attracts only the poorest candidates.In turn, these men go out into the community andby their actions reinforce the poor image commonlyheld of the cop, flatfoot, or fuzz. 0

These are but a few of the views put forth bythose concerned with the police field, but they arerepresentative of the diversity of opinion. Perhaps,the best definition of the police role as an aggregateis set down by James Q. Wilson:

7 mM , BRUCE, POLICE SYSTEMS IN Ti UNITEDSTATES, rev. ed., (NewYork: Harper and Row, 1960),p. 18.

8 SKONIcK, JEROME H., JUSTICE WITHOUT TRIAL:LAW ENFORCEMENT IN DEMOCRATIC SOCIETY, (NewYork: John Wiley and Sons, Inc., 1966), p. 231.

9 Ibid., p. 238.10 CRAY, ED, THm BIG BLUE LnE, (New York:

Coward McCann, 1967), p. 196.

RICHARD H. WARD

In sum, the order maintenance function of the pa-trolman defines his role and that role, which is un-like that of any other occupation, can be describedas one in which sub-professionals, working alone, ex-ercise wide discretion in matters of utmost impor-tance (life and death, honor and dishonor) in anenvironment that is apprehensive and perhapshostile.n

Nevertheless, the disparity between individualpolicemen, individual police departments and

individual geographic locations makes this defini-tion, at best, a guideline with which to betterunderstand the police role.

ROLE EXPECTATION AND POLICE CONFLICT

A primary consideration which, heretofore, has

been grossly overlooked in police research is therelationship between police service and the totalcommunity. 2 The tendency to study police in amicroscopic, rather than macroscopic, light isprevalent, thus creating a vacuum-like setting in

which outside stimuli are overlooked or ignored.Furthermore, there is a proclivity toward general-ization of findings to the whole police sphere. Thus,if a study shows policemen in New York to be"authoritarian" it is often assumed that all police-

men are authoritarian.The fallacy in this approach is twofold; first

of all, police work does vary quite considerablyfrom area to area and, especially and most im-portant, the role expectation, or culture, withincommunities varies markedly. Role expectation

is best described as the way an individual, orcommunity, believes an individual will or ought to

act in a given situation. Culture, as defined by

Yinger, can be thought of as the system of worms

shared by the members of a society, the prescrip-

tions and proscriptions indicating how things

should be done or should be appraised.13 The

difference between role expectation and culture

can best be thought of in terms of individuals and

individual groups--with their own expectations-in contrast to the larger society which establishes

the community norms. For example, a group ofdrug addicts might have different expectations

than the local Chamber of Commerce with regard

to the way policemen institute searches; and the

n WIISON, JAMES Q., VARIETIES OF POLICE BEHAVIOR,(Cambridge, Md.: Harvard University Press, 1968),p. 30.

1Skolnick, and especially Wilson, are two exceptions.13 Yinger, op. cit., p. 74.

culture, in effect, establishes the norms in whichthe policeman is expected to conform.j4

The policeman, then, in any given situation, isexpected to react in a certain way by a number ofpersons; i.e. the supervisor, the public, the ad-versary, etc. Often these expectations lead to asituation in which the officer must choose betweenone or more alternatives at variance with theexpectations of those concerned. Should he makean illegal search? Should he follow the letter ofthe law? Should he make an arrest to satisfy abusinessman, although he knows the sergeant willbe angry? Should he slug a prisoner who is "askingfor it"? Such problems lead to role conflict. Yingerdefines four types of role conflict:

1. Internal role conflict occurs when an individualhas internalized a role that includes contra-dictory expectations or when he occupies two ormore positions that carry incompatible roleexpectations.

2. External role conflict occurs when an individualis confronted with incompatible expectationsfrom two or more persons in his position net-work or networks.

3. Intrarole conflict occurs when an individualperceives that others hold different expectations.for him as the incumbent of a single position.

4. Interrole conflict occurs when an individualperceives that others hold different expecta-tions of him as the incumbent of two or morepositions. (In any of these conflict situationsthey may or may not be perceived or recog-nized by the individual.)15

The various categories of role conflict are notnecessarily separate entities, and the expectationsthat lead to role conflict may be legitimate orillegitimate. Thus, on the basis of these four varia-bles there are sixteen types of role conflict thatcan possibly be designated.

One other designation is deemed noteworthy, andit is what Vinger defines as internalized role'-which refers to that part of the self which repre-sents a given individual's tendencies to perform arole in a given way. This designation differs fromrole in that it is more closely connected to theindividual's predisposition to carry out his rolein a certain way.

14 As Yinger notes, these norms may be covert andpoorly verbalized, but not lacking in power to influencebehavior. Thus, while Supreme Court decisions prohibitillegal searches, there may be local norms which permitthem.

5 Op. cit., pp. 115-117."Op. cit., p. 99.

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POLICE ROLE DIVERSITY

Turning now to a discussion of these factors andtheir influence on the police, it becomes necessaryto qualify them as being general observationswhich could have varying degrees of validity withrespect to individual police departments. Nodoubt, all policemen, as are all people, faced withrole expectation and role conflict. It would appear,however, that multitudinous expectations placedon police have contributed, in no small part, tothe confusion that now exists in literature aboutthem.

A great deal has been written and said aboutthe reaction of police at the 1968 Democraticconvention in Chicago. Out of the maelstrom hasemerged the term "police riot," and it has nowbecome a common phrase in many newspapersacross the nation. The result of this publicity hasbeen to link other police departments with Chicagoand make comparisons therefrom 7 Furthermore,many of the critics who have deplored the Chicagoviolence fail to consider the overall implicationsand interrelated network surrounding the actiontaken by police. For instance, there is some reasonto believe that the police, for the most part, wereliving up to role expectations in taking a firmstand against demonstrators; not only by thecitizenry and the city government, but by thedemonstrators as well 1 Also, according to aGallup poll taken right after the incident, 56%of the nation's adults approved of the way Chicagopolice dealt with protestors1 True, there may be adifferent public attitude now, but there is somereason to believe that, perhaps, the Chicago policewere reacting to something entirely different thanprejudice against demonstrators, notably roleexpectation.

It is to this premise that many observers of thepolice fail to look. There is, within a system, agiven culture which defines, for the most part, themanner in which police operate.20 These are notnecessarily written rules (laws, ordinances, proce-dure, etc.) but, rather, "unwritten" expectationsfor a particular action. Often they are in conflict

17 Police work is one of the few occupations in whicha "share" of the guilt for something must not only beborne by those involved, but often by others who haveno connection other than the occupational title police-man.

18 See, for example, The Walker Report RIGHTS INrCoN~iacT, (New York: Signet Books, 1968), especiallypp. 17, 38, 72.19GAL1up, GEoRGE, A Well Done for ChicagoPolice, SAw Fimcsco EXAIImER, September 18, 1968,P. 5.

20 This is prescribed by the community, the Depart-ment, and an individual's peers.

with other rules or laws. Thus, we may find thatsuch things as free meals, gratuities, and over-looking certain violations, while against formalrules, are within the confines or norms of a partic-ular system. Indeed, a policeman is often expectedto abide by them, and may be considered "deviant"if he does not. The use of firearms is another inter-esting case. A great deal has been written and saidabout indiscriminate shooting by police, yet, forthe most part,21 a policeman generally fires hisweapon in a situation that is within certain limits.For example, while it may be permissible for apolice officer, legally, to fire at a stolen auto, whereit is a felony offense, most police officers would notdo so because there is the recognition that usuallya youth is involved, and shooting a youngster isgenerally outside expected behavior. The samesituation exists on college campuses; where policeare faced with situations in which they mightotherwise shoot, they are expected not to shoot.However, they may be expected to react in otherways, such as with clubs or chemical agents.

There is, however, another side to the coin.Albeit, police are expected to act in a certain wayby a number of individuals, usually those with themost say or political power. In virtually everyinstance there are those who expect the police toact in another way. Thus, the campus dissidentmay expect the police to rough him up; the newlyelected candidate may expect the police to bethoroughly honest; and the local citizens groupmay expect the policeman to take a strong standwhen handling minority groups. These factorscontribute to role conflict. There is also the police-man's inner feelings about his role. He may notfeel that it is professional to accept free meals; hemay not want to make a certain arrest; or he maynot feel that it is proper to shoot looters in a riotsituation. With regard to the rule of law, EdwinLemert notes:

... It can also be held that professionalized policetoday generally play regulatory roles which aremore directly pointed to the end of maximum pro-tection for the community than they are to enforce-ment of the criminal law. This is due in no smallpart to value dilemmas the policeman experiences,coupled with the limited time and energy he hasavailable for the task. (emphasis added).21 This would exclude those officers who do get in-

volved in shooting incidents which are not "accept-able"-such as getting drunk and shooting someone.It is the author's opinion that these incidents are, onthe whole, rare.

22LEERT, EvwN M., Hum= DEvimAcE, SocIAuL

,1970]}

RICHARD H. WARD

The concepts of intrarole and interrole conflict addanother dimension. In intrarole conflict the officermay, or may not, perceive that others hold differ-ent expectations of him as a policeman. His super-visor, his family, the businessman, the kids on thecorner, and the person he is arresting may all havedifferent expectations of him. Given a hypotheticalsituation, let us assume that a police officer is toldby his superior to clear a certain corner of youths,who have caused the local businessman to make acomplaint. The police officer is expected to obeythe order but realizes that the youths have noplace to go. He must satisfy the business man, whoexpects the policeman to make an arrest; he musthandle the youths, who expect him to be tough;and if he does make an arrest the suspect may ex-pect him to lie in court.

Also, interrole conflict may be apparent, or nonapparent to the individual. The policeman may bea father, a member of the youth council, and a col-lege graduate; and in the above situation all thesefactors may have some bearing. As a father he mayidentify the youth's actions with those of his ownfamily; he may feel that the court will only hurtthe youth; and he may be expected to have a betterunderstanding of the situation because of his edu-cation.28

Finally, as noted, the various conflicts are notseparate entities but, rather, react in a conglomer-ate way to produce role conflict. As Yinger notes,"Distinguishing clearly between role, internalizedrole, and role behavior entails difficulties," 24 andthe same is true with regard to role conflict.Nevertheless, too much of the literature that dealswith the police fails to recognize the variable in-fluences that create role behavior and, instead,focus upon a reification of such terms as "authori-tarian," "prejudice," "cynical," etc. to explainpolice behavior.n

THE NEED FOR A Nxw APPROACH

What is needed, then, is a methodological modeldesigned to study the police as a part of the totalsystem.

PROBLEMS, AND SOCIAL CONTROL, (Englewood Cliffs,N. J.: Prentice Hall, Inc., 1967), p. 23.23An example being the New York City PoliceDepartment, which recently required a college back-ground for those assigned to the Youth Aid Bureau.

2Yinger, op. cit., p. 100.25 Which is not to say that they have no value as

variables in a system network. But to say that policemay be prejudiced, without studying the system, offerslittle useful information.

To understand the influence of a position or be-havior, we need to relate it not only to the per-sonalities of the occupants and to the network ofreciprocal positions with which it is connected, butalso to the larger community and society struc-tures within which it operates."

The task is by no means simple, but is primary to afull understanding of police behavior. The terms"field theory" or "systems analysis" relate to suchan approach and, while a number of theoreticalproblems continue to exist in these theories, theyare becoming more widely accepted by sociologists,social scientists, and psychologists.

As Herbert Blumer has pointed out, a majorproblem of the variable analysis technique is thelack of rules, guides, limitations, and prohibitionswith regard to selecting variables. He also cites theabsence of generic variables (variables that standfor abstract categories) and a "here and now"relationship (which would include a picture or un-derstanding of the total context). 7 Nevertheless,as Yinger notes:

When human behavior in a natural situation isunder analysis, studies concerned with the inter-play of several variables are particularly valuableas complements to more abstract research pro-ceduresPn

The problems of choosing variables, and assigningweight to them, are manifold, and beyond thescope of this paper; however, table 1 indicates atheoretical approach to a study of the police. Itshould be noted that this is a theoretical model andopen to question.

In any study of this nature care must be takenso as not to lose focus on the system under study.A recent newspaper article headlines, "ScienceNow Screens Out Men Who Will Be 'Bad Cops'."The article claims that scientists working with theChicago Police Department have perfected teststo screen out bad cops. 29 The findings, according tothe project director, could be used to predictwhich patrolmen would lose control in a riot or inthe face of obscene taunts or other provocation.The report "rejected a widely held theory that anaggressive patrolman who makes many arrests is a

21 Op. cit., p. 128.27BLaM-x, HERBERT, Sociological Analysis and the

Variable, A maecA SOclOLOGICAL REviEw, December,1956, pp. 683-4.28 Op. cit., p. 130.29 Science Now Screens Out Men Who Will Be 'Bad

Cops', SAN Fx ANcisco SUNDAY EXAmER AND CHRON-IcLE, Feb. 9, 1969, p. 9.

[Vol. 61

POLICE ROLE DIVeIjNITY

Table 1

TnxoE01TIcAL MODEL 0P A POLICE RESEARcH DESIGN

Exlernal Variables* Internal Variables*(related to "culture of community") (related to police department)POLITICAL INFLUENCE IndividualMEDIAINFLUEE Total CHARACTERLEGAL INFLUENCE o PERSONALPOLICE ROI AS DEmN BY CoamMNIT" Measured ATrIUDE(i.e. functions, limitations, expectations) Variables DepartmentMINORIY INFLUENCE FUNCxos op TAsKS(those who do not share community norms) ROLE As DEr=xD BY POLICE

ACTUAL RESPONSE TO A GIE SITUATION

SUCCESFULUNSUCCESSFULSucEss~uL US CS '

______________________ (as measured by community norms)Police Community Police CommunityReaction Reaction Reaction Reaction

Adjust No Pressure Noby Reaction Exerted Reaction

Change to Change

A variable measure would be used at each level and an effort made to establish criteria for successful policeoperations, with a view toward modifying the police role where necessary.

* This is an incomplete list of variables, and merely highlights the approach.

good patrolman;" that "a man who needs a 'badge'and a 'gun' as a symbol of authority and prestigeis a bad policeman"; and concluded that the " 'es-sential attributes' for a patrolman were found to bestability and cooperation."

Nowhere in the article is the term "bad police-man" defined, and the newspaper account fails totake cognizance of the fact that Chicago police maybe quite different from New York or Californiapolice; indeed, such a warning is made in the re-port. Furthermore, there is a question as to theusefulness of the report in the totality of the sys-tem. If a policeman should not be aggressive andmake many arrests, who will make them? Will thepublic stand still if crime rates rise because of alack of "aggressiveness" in a police force? Whatkind of a job do those men who do not "blow up"do? These are, of course, rhetorical questions, butpoint up the problems of limiting research to agroup. Theoretically, if one wished to reduce policeharassment of homosexuals he might hire them. Itmight reduce harassment, but would it cure theoverall problem or be accepted by the public.

Police operate within the framework of a systemand their actions are, generally, the result of com-munity norms, or at least peer group norms.

As human beings we act singly, collectively, andsocietally on the basis of the meanings which thingshave for us. Our world consists of innumerableobjects-home, church, job, college education, apolitical election, a friend, an enemy nation, a toothbrush, or what not---each of which has a meaningon the basis of which we act toward it. In our activ-ities we wend our way by recognizing an objectto be such and such, by defining the situations withwhich we are presented, by attaching a meaningto this or that event, and where need be, by de-vising a new meaning to cover something new ordifferent. This is done by the individual in hispersonal actions, it is done by a group of individ-uals acting together in concert, it is done in eachof the manifold activities which together constitutean institution in operation, and it is done in eachof the diversified acts which fit into and make upthe patterned activity of a social structure orsociety."

The police system is no different. Michael Blanton,writing on police discretion, notes that, "Thepolice officer's judgement is usually based more on

the popular morality than on the law; he sees his

office as having moral authority as well as legal,which often leads to emotional involvement in the

30 Blumer, op. cit., p. 686.

1970]

RICHARD H. WARD

case.n What Blanton, and a good number of otherpolice critics, fail to recognize is that the policemanis not an automaton capable of being completelyunemotional or impartial. His particular occupa-tional role often prescribes certain actions which,as Yinger notes, "... often involve privileges orlicenses to perform acts which are deviant and for-bidden outside these roles. (emphasis author's.)

Within a societal myriad the policeman func-tions, his role ill-defined and open to broad specu-lation. In order to establish an adequate field con-struct one must be aware of functional equivalents

31 BANTON, MIcHAEL, Police Discretion, NEw

SocrETY, Vol. 2, No. 48, 1963, p. 6.

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(the relationship between roles) and specify con-ditions under which various individual responsesare made. Further, noting the ways in which in-dividual responses lead back into the social systemshould lead to an exploration of the range of theseeffects in a given setting. Thus, "positions androles can be compared and contracted along a num-ber of dimensions that are related to the directionand strength of the position and role influence."

The need for such an approach in studying thepolice cannot be overstated. If police service is tobe improved, and the ambiguity of the police roleclarified, we must begin to look at it in its perspec-tive to society.

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[Vol. 61