Peace Officer Basic Training Community Diversity & Procedural Justice Unit 1 – Topic 4 Ohio Peace Officer Training Commission Education & Policy Section 1650 State Route 56, SW P.O. Box 309 London, Ohio 43140 Phone: 800-346-7682 Fax: 866-393-1275 OPOTCEducationandPolicy@OhioAttorneyGeneral.gov Effective Date: July 1, 2016 Course Hours: Sixteen (16) Student Goal: The student will understand the relationships between implicit biases, procedural justice tactics, and achieving police legitimacy in culturally diverse communities. OPOTC CURRICULUM COMMITTEE Chief Clayton A. Harris, Cuyahoga Community College Police Department, OPOTC Commissioner Sergeant Troy Mineard, Akron Police Department, OPOTC Commissioner and Curriculum Committee Chairman S U B J E C T M AT T E R E X P E R T C O M M I T T E E Ron Davitt, Law Enforcement Training Officer, OPOTA Stephanie Gibson, Training Officer, Columbus Police Department Juan Rodriguez, Training Officer, Lorain Police Department Sarah Shendy, Patrolman, Copley Police Department Charna Sherman, Esq., Founding Partner, Charna E. Sherman Law Offices, Co., LPA Chris Skinner, Law Enforcement Training Officer, OPOTA Cheryl Staats, Senior Researcher – Implicit Bias Unit, Kirwan Institute, The Ohio State University Curriculum Coordinator: Gail LB DeWolf, Training Coordinator – Law Enforcement Training Officer, OPOTC Legal Reviewer: Justin Hykes, Esq., Director of Administration, OPOTC OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 2 of 117 CONTENTS References ................................................................................................................................ 4 Additional Resources ................................................................................................................10 Course Materials .......................................................................................................................11 Note to Instructor ......................................................................................................................12 Preparation ...............................................................................................................................13 Student Performance Objectives ...............................................................................................15 Introduction to Police Legitimacy ...............................................................................................16 Diversity ....................................................................................................................................22 In-Groups, Out-Groups, Prejudices, & Biases ...........................................................................27 Implicit Bias – A Closer Look.....................................................................................................34 Procedural Justice ....................................................................................................................45 Communicating to Advance Procedural Justice Goals ..............................................................57 Last Look at Universal Truths and Safety Considerations .........................................................67 Procedural Justice in Action ......................................................................................................69 Conclusion ................................................................................................................................72 Handout #1 – Cultural Competence Continuum ........................................................................73 Handout #2 – Community Bank Account ...................................................................................76 Handout #3 – Practical Wisdom ................................................................................................78 Worksheet #1 – Profiling (SPO #8) ...........................................................................................80 Worksheet #1A – Profiling (SPO #8) – Instructor Key ...............................................................81 Worksheet #2 Instructor Guide..................................................................................................82 Worksheet #2 – Implicit Association Test*.................................................................................84 Worksheet #2A – Implicit Association Test* – Instructor Key.....................................................86 Worksheet #3 – Communication Styles .....................................................................................87 Worksheet #4 – Procedural Justice Evaluation .........................................................................92 Worksheet #4A – Procedural Justice Evaluation – Instructor Key .............................................94 Worksheet #5 – Procedural Justice Evaluation .........................................................................96 Worksheet #5A – Procedural Justice Evaluation – Instructor Key .............................................98 Worksheet #6 – Procedural Justice Evaluation .......................................................................100 Worksheet #6A – Procedural Justice Evaluation – Instructor Key ...........................................102 Worksheet #7 – Procedural Justice Evaluation .......................................................................104 Worksheet #7A – Procedural Justice Evaluation – Instructor Key ...........................................106 Practice Exercise ....................................................................................................................108 OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 3 of 117 REFERENCES This lesson plan is based on the following sources. However, it is the responsibility of the instructor to use the most recent references. About Jackie Robinson (Robinson). (n.d.) The Jackie Robinson Foundation. Retrieved from http://www.jackierobinson.org/timeline/#/timeline/jackie-timeline Anderson, M. (2015, April). 6 facts about Americans and their smartphones. Pew Research Center. Retrieved from http://www.pewresearch.org/fact-tank/2015/04/01/6-facts-aboutamericans-and-their-smartphones/ Arizona Peace Officer Standards and Training Board (AZPOST). (2010). Cultural awareness: 6.1 [lesson plan]. Phoenix, AZ: Arizona Peace Officer Standards and Training Board. Bobby Jindal. (2015). The Biography.com website. Retrieved July 22, 2015 from www.biography.com/people/bobby-jindal-20841577 Bradford, B., Jackson, J., & Hough, M. (2014). Police legitimacy in action: Lessons for theory and policy. In Resig, M. & Kane, R. (Eds.), The Oxford Handbook of Police and Policing (pp. 551 - 570). New York, NY: Oxford University Press. Brunson, R., & Gau, J. (2014). Race, place, and policing the inner-city. In Resig, M. & Kane, R. (Eds.), The Oxford Handbook of Police and Policing (pp. 362 - 382). New York, NY: Oxford University Press. California Newsreel. (2003). Race – the power of illusion: Ten things everyone should know about race. Public Broadcast System (PBS). Retrieved from http://www.pbs.org/race/000_About/002_04-background-01-x.htm Correll, J., Hudson, S., Guillermo, S., & Ma, D. (2014). The police officer’s dilemma: A decade of research on racial bias in the decision to shoot. Social and Personality Compass, 8(5), 201-213. Retrieved from http://onlinelibrary.wiley.com/doi/10.1111/spc3.12099/epdf Correll, J. & Keesee, T. (2009). Racial bias in the decision to shoot? The Police Chief, 76(5), Retrieved from http://bit.ly/1J2cKzJ Covey, S. (2011). Policing at the speed of trust. The Police Chief, 78(10). Retrieved from http://bit.ly/1b2huoH Crass, S. (2013, June 7). Hiram Fong first Asian-American senator, an R from Hawaii. Hawai`i Free Press. Retrieved from http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/9851/Hiram-Fong-First-AsianAmerican-Senator-An-R-From-Hawaii.aspx OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 4 of 117 REFERENCES (cont.) Davis, Kiri. (2007). A girl like me [video]. Sixth Annual Media That Matters Film Festival. Retrieved from https://www.youtube.com/watch?v=z0BxFRu_SOw Definition for diversity (Diversity). (n.d.). Queensborough Community College CUNY. Retrieved from http://www.qcc.cuny.edu/Diversity/definition.html Digital Media Law Project. (2013). Recording police officers and public officials. Berkman Center for Internet & Society, Harvard University. Retrieved from http://www.dmlp.org/legalguide/recording-police-officers-and-public-officials Discrimination. (2015). In Merriam-Webster.com. Retrieved July 22, 2015, from http://www.merriam-webster.com/dictionary/discrimination Discrimination by type. (n.d.). U.S. Equal Employment Opportunity Commission (EEOC). Retrieved from http://www.eeoc.gov/laws/types/ Donald, B., Hyman, M., & Redfield, S. (2012). Beyond bias: Deconstructing stereotypes [presented April 2013]. Chicago Section of the American Bar Association Section of Litigation Annual Conference. Chicago: IL. Retrieved from http://bit.ly/1IkJlRd Esquevil, J., Ferreira, A., Gunnell, G., Hayes, M., Henderson, T., Lipman, B., & Patterson, D. (2014, October). Chicago Police Department in-service/recruit training: A tactical mindset: police legitimacy and procedural justice. Chicago, IL: Chicago Police Department. Ferreira, A., Sedevic, M., & Lipman, B. (2013, February). Chicago Police Department in-service training: Procedural justice and police legitimacy. Chicago, IL: Chicago Police Department. Fischer, C. (Ed.). (2014, March). Legitimacy and procedural justice: A new element of police leadership. Police Executive Research Forum (PERF). U.S. Department of Justice, Bureau of Justice Assistance, Washington, DC. Retrieved from http://www.policeforum.org/freeonline-documents Fiske, S. (2012). Our brains on teams: The dark side of loyalty to a group. The Bauman Foundation, Being Human. Retrieved from http://www.beinghuman.org/article/our-brainsteams Gardenswartz, L. & Rowe, A. (2008). Diverse teams at work: Capitalizing on the power of diversity. Alexandria, VA: Society for Human Resource Management. Godsil, R., Tropp, L., Goff, P., & powell, j. (2014). The science of equality, volume 1: Addressing implicit bias, racial anxiety, and stereotype threat in education and health care. Perception Institute. Retrieved from http://perception.org/app/uploads/2014/11/Science-of-Equality111214_web.pdf (alternate - http://diversity.berkeley.edu/haas-institute-co-releases-scienceinequality-report) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 5 of 117 REFERENCES (cont.) Gold, E. & Bradley, M. (2013, September). The case for procedural justice: Fairness as a crime prevention tool. COPS Office, [newsletter] 6(9). Retrieved from http://bit.ly/1b2huoH Gonzales, S. (2015). U.S. confidence in police at 22-year low: Gallup poll. Business Insider. Retrieved from http://www.businessinsider.com/r-us-confidence-in-police-at-22-year-lowgallup-poll-2015-6 Gove, T. (2011, October). Implicit bias and law enforcement. The Police Chief (78)10, 44-56. Retrieved from http://bit.ly/1Ojn9t7 Hall, E. (1994). Beyond culture. New York, NY: Doubleday. Hartman, J. & McCambridge, J. (2011, March). Optimizing millennials’ communication styles. Business Communication Quarterly, 74(1), 22-24. doi: 10.1177/1080569910395564. Retrieved from http://bcq.sagepub.com/content/74/1/22.full.pdf+html James, L., Klinger, D., & Vila, B. (2014). Racial and ethnic bias in decisions to shoot seen through a stronger lens: Experimental results from high-fidelity laboratory simulations. Journal of Experimental Criminology, 10(3), 323-340. Johnson, R. (2015). Are “too many” people dying from police use of force? Legal & Liability Risk Management Institute. Retrieved from http://www.llrmi.com/articles/legal_update/2015_johnson_useofforce.shtml Kaneshiro, Neil. (2013). Intersex. Medline Plus. Bethesda, MD: U.S. National Library of Medicine. Retrieved on August 18, 2015 from http://www.nlm.nih.gov/medlineplus/ency/article/001669.htm Lawrence, K., & Keleher, T. (2004). Structural racism. Race and Public Policy Conference. Retrieved from https://wiki.uiowa.edu/download/attachments/31756797/Structural+Racism.pdf Lawriter. (2015).Ohio laws and rules: Ohio revised code (R.C.). Retrieved from http://codes.ohio.gov Marsh, S. (2009). The lens of implicit bias. Juvenile and Family Justice Today. Retrieved from http://bit.ly/1OGOXlo Mazerolle, L., Sargeant, E., Cherney, A., Bennett, S., Murphy, K., Antrobus, E., & Martin, P. Procedural Justice and Legitimacy in Policing. (2014). New York, NY: Springer. Meshanko, P. (2013). The respect effect: Using the science of neuroleadership to inspire a more loyal and productive workplace. New York, NY: McGraw-Hill Education. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 6 of 117 REFERENCES (cont.) Moering, M., & Hoye, J. (2004). SISTA community facilitator manual: What is culture? Boston, MA: JRI Health. Murphy, K. & Cherney, A. (2012). Working paper No. 15: Understanding minority group willingness to cooperate with police: Taking another look at legitimacy research. Alfred Deakin Research Institute. Retrieved from http://www.deakin.edu.au/researchservices/forms/v/3096/adri-working-paper-15.pdf Nila, M., Schwartz, B., & Sharpe, J. (2012). Educating the 21st century cop: Developing blue courage and practical wisdom. The Police Chief, 79(November 2012), 52-56. Retrieved from http://bit.ly/1Ojndck Ohio Peace Officer Training Academy, & Chicago Police Department, Education and Training Division (OPOTA & CPD). (2015). Procedural justice and police legitimacy. London, OH: Ohio Attorney General’s Office. Politico. (n.d.). Ken Blackwell. The Arena. Retrieved July 21, 2015 from http://www.politico.com/arena/bio/ken_blackwell.html Project Implicit. (n.d.). Implicit association tests. Retrieved July 26, 2015 from https://implicit.harvard.edu/implicit/education.html Quinn, M. E. (2010). Open mind open doors: Transforming domestic violence programs to include LGBTQ survivors. Boston, MA: theNeworklaRed. Racism. (n.d.). Dictionary.com Unabridged. Retrieved from http://dictionary.reference.com/browse/racism Sedevic, M. (n.d.). Procedural justice & police legitimacy training in Chicago: Reaping the benefits of the Golden Rule. 9-1-1.com. Retrieved from http://www.9-1-1magazine.com/Sedevic-Procedural-Justice-Training Skogan, W., Van Craen, M., & Hennessy, C. (2014, December 17). Training police for procedural justice. Journal of Experimental Criminology. doi:10.1007/s11292-014-9223-6. Retrieved from http://www.skogan.org/files/Training_Police_for_Procedural_Justice.JEQ_2014_online.pdf Sonia Sotomayor. (2015). The Biography.com website. Retrieved July 23, 2015 from http://www.biography.com/people/sonia-sotomayor-453906 Staats, C. (2014). State of the science: Implicit bias review 2014. Kirwan Institute for the Study of Race and Ethnicity, The Ohio State University. Retrieved from http://kirwaninstitute.osu.edu/wp-content/uploads/2014/03/2014-implicit-bias.pdf OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 7 of 117 REFERENCES (cont.) Staats, C., personal communication. July, 2015. Staats. C., personal communication. November, 2015. Staats, C., Capatosto, K., Wright, R., & Contractor, D. (2015). State of the science: Implicit bias review 2015. Kirwan Institute for the Study of Race and Ethnicity, The Ohio State University. Retrieved from http://kirwaninstitute.osu.edu/wp-content/uploads/2015/05/2015-kirwanimplicit-bias.pdf Staats, C. & Christian, K. (2015, May 6). Insights into how our minds operate: Implicit associations and their implications for peace officers [presentation]. Ohio Peace Officer Training Academy, London, OH. Stereotypes and the Clark Doll Test (Clark Doll Test). (2010, July 3). Explorable.com. Retrieved May 26, 2015 from https://explorable.com/stereotypes Tankebe, J. (2014). Chapter 11: Police legitimacy. In Resig, M. & Kane, R. (Eds.), The Oxford Handbook of Police and Policing (pp. 238-259). New York, NY: Oxford University Press. Tyler, T. (2014, January/February). Legitimacy and procedural justice: A new element of police leadership. Subject to Debate: A Newsletter of the Police Executive Research Forum, 28(1) 2, 4-11. Retrieved from http://www.policeforum.org/subject-to-debate Thompson, G. & Jenkins, J. (2013). Verbal Judo: The Gentle Art of Persuasion. New York, NY: Harper Collins. United States Department of Justice (USDOJ). (2011). Improvising access to services for persons with limited English proficiency. Retrieved from http://www.justice.gov/crt/about/cor/13166.php Wagner, M. (2015, July 27). Florida cop’s curbside breakfast with homeless man goes viral: ‘He was gracious enough to eat with me’. The New York Daily News. Retrieved July 28, 2015 from http://www.nydailynews.com/news/national/fla-buys-meal-homeless-man-eats-curbarticle-1.2305484 Wald, J. (2014, March). Supplementary paper II: can “de-biasing” strategies help to reduce racial disparities in school discipline? Charles Hamilton Houston Institute for Race & Justice, Harvard Law School. Retrieved from http://www.indiana.edu/~atlantic/wpcontent/uploads/2014/03/Implicit-Bias_031214.pdf Wasserman, R. (2014). Building relationships of trust: Curriculum training modules. Tallahassee, FL: Institute for Intergovernmental Research. Retrieved from http://ric-zaiinc.com/Publications/cops-w0733-pub.pdf OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 8 of 117 REFERENCES (cont.) Watt, S. & Norton, D. (2004). Culture, ethnicity, race: What’s the difference? Pediatric Nursing, 16(8), 37-42. Weaver, L. (2014). A psychological perspective on police violence. Lehigh University. Retrieved from http://www1.lehigh.edu/news/psychological-perspective-police-violence Weitzer, R. (2014). Police Relations. In Resig, M. & Kane, R. (Eds.), The Oxford Handbook of Police and Policing (pp.339 – 361). New York, NY: Oxford University Press. Winter Park Police Department (WPPD). (n.d.). Bias based policing. Retrieved from https://wppd.org/about/biased-based-policing/ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 9 of 117 A D D I T I O N AL R E S O U R C E S Department of Homeland Security Language Access Plan found at http://www.dhs.gov/department-homeland-security-language-access-plan Videos referenced in the lesson plan: Bicycle Thief found at http://www.youtube.com/watch?v=ge7i60GuNRg (4:40) Clark Doll Test found at http://youtu.be/MqSFqnUFOns (3:05) Florida K 9 Officer - Officer McCloud found at https://www.youtube.com/watch?v=NPBJubtl3p4 (1:02) Good Cop, How a Cop Should Behave found at https://www.youtube.com/watch?v=otOmIMiQXQI (1:39). Good Guy Cop found at https://www.youtube.com/watch?v=4_smAtZxpAk (4:58) Learning to Ride a Bike found at http://viewpure.com/MFzDaBzBlL0?ref=search (7:57) One Great Cop found at https://www.youtube.com/watch?v=pWg_qVOMqdY (2:58) Police Officer Stops to Play Catch Football With Boy Playing Alone found at https://www.youtube.com/watch?v=92w4dARAeqk (2:10) Police Women of Dallas – The Ugly Truth About Prostitution found at https://www.youtube.com/watch?v=QfaCFl2Ru4o (3:18) Remove Labels found at https://www.youtube.com/watch?v=84OT0NLlqfM (2:47) Spokane Washington Taser found at http://blutube.policeone.com/police-tasersvideos/934196457001-taser-in-spokanne/ (3:28) U.S. Deputy Marshal Smashes Woman’s Cell Phone found at https://www.youtube.com/watch?v=3ORXh85F5tM (2:09) Viral Video Shows Another Side of Interacting With Police Officers found at http://abcnews.go.com/US/viral-video-shows-side-interacting-policeofficers/story?id=30310913 (2:09) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 10 of 117 C O U R S E M AT E R I A L S TEACHING AIDS X _____ Erasable Board/Markers _____ Easel/Notepads X _____ AV Equipment X _____ Lectern/Table X ____ _____ Proficiency Testing Record Practice Exercise X Instructor Guide; Instructor and student access to the Internet _____ Other ___________________________________________________________ X _____ Handouts X INSTRUCTIONAL TECHNIQUES X _____ Lecture X Group Discussion _____ X _____ Demonstration X X _____ Individual Exercise X X Scenario-based Training _____ X Role Play _____ X Hands-on Techniques _____ _____ Problem Solving X X Other ___________________________________________________________ _____ ___________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 11 of 117 NOTE TO INSTRUCTOR Instructors are expected to: Bear in mind the legal, moral, professional and ethical implications of instructing in a commission-approved program. Follow student-to-instructor ratios (if applicable) Follow student-to-equipment ratios (if applicable) Use any and all opportunities which may arise during instruction of the required material to point out to the students the legal, moral, professional and ethical responsibilities they will bear to their employers and communities while serving in an official capacity. Understand that this information provided is the minimum standard. Instructors are expected to go above the minimum. Incorporate as many principles of adult learning as possible to include Problem Based Learning (PBL), Student Centered Learning (SCL), active group discussions, scenario activities and other responsible adult learning techniques. Emphasis should be placed on the benefits of ethical behavior and the consequences of unethical behavior throughout. POWERPOINT PRESENTATIONS Many lesson plans are accompanied by a very basic PowerPoint Presentation. These are most often a series of slides that include a title slide and the SPOs for the topic. This is intended to be a baseline presentation that instructors are expected to use as a starting point while preparing to teach the topic. Instructors may save the file locally and add slides in support of their teaching efforts. These may include instructor biographical information, expansion of the SPOs, information pertinent to the topic, illustrations, group exercises and other items that will enhance student learning. Any skills required to be demonstrated may also be tested on the written state certification examination (SCE). OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 12 of 117 P R E P AR AT I O N A. Introduction Intro – PPT #1 1. Instructor 2. Course B. General remarks AZPOST (2010) 1. If we are going to continue to be effective in the 21st century, we need to recognize the changes we are going to see as the population and demographics of our country and communities change 2. We must be aware that we are working in a world in which there is the potential for every move to be recorded, dissected, analyzed, and scrutinized 3. The purpose of this course is to assist you, as peace officers, in performing your duties in a safe, effective, and professional manner in a society that is becoming increasingly diverse and complex a. It is not our intention to present a lot of theory b. This topic is structured to be interactive c. It is important training for all officers, regardless of race or ethnicity d. This topic is non-blaming as laying blame is neither constructive, nor does it solve the problems we face; this topic does, however, provide us the opportunity to honestly discuss the many facets of our jobs and the policing challenges we face in today’s society C. Expectations Individual Exercise: Have students list reasons why they want to become peace officers. Have students share their responses. Responses should be voluntary. 1. We understand you are not going to walk out of this class a “new person” OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 13 of 117 2. The values you had when you walked into this classroom will most likely be the same ones you will walk out with 3. We are not suggesting your values need to change and/or that anyone’s values are right or wrong 4. Most people that come into the public service arena have good, solid values and come into this line of work to have an impact or make a positive difference in the world 5. Most officers, if you were to take away the protective mechanisms they have surrounded themselves with, are people that have a solid set of ideals, a simple belief they may not be able to change the world, but they can change their part of it 6. Population demographics are changing fast and our intention is to lay the foundation for you to be better aware, more conscientious, and culturally competent law enforcement professionals 7. The overarching objective of this lesson plan is to develop your skills and provide you with information, education, and tools to help you adeptly carry out your duties in a manner that promotes the public’s confidence and trust in law enforcement (i.e., police legitimacy) in the diverse communities in which we live D. SPOs Access http://censtats.census.gov/. On the Population Clock, click on “Learn More” to access the U.S. and World Population Clock. Point out the “Components of Population Change” (in particular, the international migrant component) for a visual display of how quickly things change List of SPOs PPTs #2 – #4 OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 14 of 117 S T U D E N T P E R F O R M AN C E O B J E C T I V E S At the end of this topic, the student will be able to: 1. Distinguish the concepts of lawful actions and police legitimacy. 2. Identify three resulting judgments of police legitimacy in action that translate into positive results. 3. Determine when it is permissible for citizens to film police. 4. Identify the relationship between race, genetics, and physical characteristics. 5. Identify the connection between in-groups, out-groups, and police legitimacy. 6. Differentiate the types of racism. 7. Identify the components of bias. 8. Differentiate bias-based profiling and criminal profiling. 9. Explain explicit biases and implicit biases. 10. Differentiate the two modes of thinking (i.e., Systems 1 and 2). 11. Identify strategies to counter implicit biases. 12. Identify the two-pronged approach to procedural justice. 13. Recognize the community bank account concept as it relates to procedural justice. 14. Apply the four core principles/pillars of procedural justice. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 15 of 117 I N T R O D U C T I O N T O P O L I C E L E G I T I M AC Y A. Characteristics of police legitimacy Question to Class – What do you think police legitimacy means? Answer below in 1 - 3. 1. Police legitimacy is a term that can cause some officers to cringe because it can lead to the impression of illegitimacy if anyone criticizes how an officer does his/her job; it is important to understand that is not what police legitimacy is about Tyler (2014) 2. It is about perception – the extent to which the public perceives officers to be morally just, honest, and worthy of trust and confidence 3. Appreciating the community’s perception of legitimacy a. We do not have to adopt or agree with the community’s point of view that police are acting unlawfully or being ineffective b. We do need to have an understanding of it so we can respond to community concerns c. Reality is that success in policing depends upon the way the community views and reacts to police d. “The police should always have a relationship with the public that gives reality to the tradition that the police are the public and the public are the police” – Sir Robert Peel B. DISTINGUISHING THE CONCEPTS OF LAWFUL ACTIONS AND POLICE LEGITIMACY Fischer (2014) SPO #1 – PPT #5 Question to Class – What do you think are the differences between lawful actions and police legitimacy? Answer below in 1 – 2. 1. Lawful – defined by laws and standards a. Criminal law – identifies what actions are prohibited b. Rules of agency (e.g., administrative rules, general orders, standard operating procedures) Fischer (2014) Esquevil et al. (2014) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 16 of 117 c. Constitutional law (e.g., Fourth, Fifth, Sixth Amendments) d. Officers can act lawfully and within the parameters of agency policy and the citizenry still not perceive there to be police legitimacy – there can be lawful, but awful interactions Fischer (2014) Small Group Exercise – Split the class into two groups. Have one group research the police shooting of John Crawford (Beavercreek, Ohio) and the other group research the police shooting of Michael Brown (Ferguson, Missouri). Have each group prepare a short report to present to the class for discussion on the following: A brief summary of the facts; Criminal charges, if any, that resulted against the officer; Repercussions for the officer, family, and community as a result of the shooting. Answers will vary, but may include: John Crawford: John Crawford shot and killed in a Beavercreek, Ohio, WalMart Officer Sean Williams not indicted Protests, investigations by DOJ, officer on desk duty, civil suits followed Michael Brown: Michael Brown was shot and killed on the street in Ferguson, Missouri Officer Darren Wilson not indicted Protests, rioting, investigations by DOJ, officer resigned from agency and police profession As a class, discuss the public’s perception of “lawful but awful” and the potential ramifications. Discuss the role of video and social media in these and like cases. State to class: “While no criminal charges against the officers resulted from these incidents, these incidents, among others, sparked national dialogue centered on the public’s perception of police. Our goal should always be to act lawfully, and then go beyond that minimum standard to conduct ourselves and carry out our duties in a way that promotes police legitimacy.” OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 17 of 117 2. Police legitimacy – exists when the public views the police as authorized to exercise power in order to maintain social order, manage conflicts, and solve problems in the community SPO #1 – PPT #6 OPOTA & CPD (2015) C. THREE RESULTING JUDGMENTS OF POLICE LEGITIMACY IN ACTION THAT TRANSLATE INTO POSITIVE RESULTS Fischer (2014) SPO #2 – PPT #7 1. Judgment – public trust and confidence in the police as being honest, trying to do jobs well, trying to protect the community; Result – Individuals are more likely to become actively involved in police-community partnerships Fischer (2014) Brunson & Gau (2014) 2. Judgment – public willingness to defer to the law and police authority; Result – there is a correlation between those who obey the laws and those who view the police as legitimate; in addition, those who see the police as legitimate have an increased willingness to cooperate by reporting crimes and providing valuable information about known and suspected offenders Fischer (2014) Brunson & Gau (2014) SPO #2 – PPT #8 3. Judgment – public belief that police actions are morally justified and appropriate; Result – citizens are more likely to cooperate and defer in moments of crisis Fischer (2014) Bradford, Jackson, & Hough (2014) SPO #2 – PPT #9 D. Qualities of police legitimacy 1. It is generated, enhanced, or undermined in police actions and interactions with citizens 2. It is fluid – not static a. The perception of police legitimacy may change over time b. It can vary based on context and community E. Policing and police legitimacy in today’s world 1. Traditional expectations Tankebe (2014) a. “In contemporary liberal democracies, powers of police are to be exercised in a manner that is ‘unbiased, free of passion, prejudice, and arbitrariness, loyal to the law alone’” b. Expected to follow due process – treat all parties fairly 2. Smile, you’re on camera a. Police actions are frequently filmed OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 18 of 117 b. Dash cams and, more recently, body cams, are commonly used by law enforcement agencies to defend against due process claims c. Citizens are also filming police interactions to expose due process violations (1) In 2015, nearly 64 percent of all U.S. adults owned a smartphone, and the majority reported, in general, to using them to take pictures or videos Anderson (2015) (2) CIRCUMSTANCES WHEN FILMING POLICE OFFICERS IS PERMISSIBLE SPO #3 – PPT #10 Digital Media Law Project (2013) See also R.C. 2933.52(B)(4) & (9) a. At least one party to the encounter consents or b. When officers are carrying out their duties in public, so long as it does not interfere with the officers carrying out their duties (3) There are some websites that encourage people to film officers (e.g., www.Copblock.org/filmthepolice/; http://photographyisnotacrime.com), particularly during use of force incidents Class Discussion – Display on screen the websites listed above (or similar ones) and scroll through them to allow students to see the types of encounters being captured. As a class, discuss the types of encounters being captured, officer reactions to being filmed, and whether the filmed encounters place law enforcement in a favorable or unfavorable light. Class Exercise – View the following videos. Preface for the class that the focus is solely on how the officer responded to the presence of the camera. Filming Video #1 (Negative Reaction) – “U.S. Deputy Marshal Smashes Woman’s Cell Phone”: https://www.youtube.com/watch?v=3ORXh85F5tM (2:09). Filming Video #2 (Calm Reaction) – “One Great Cop”: https://www.youtube.com/watch?v=pWg_qVOMqdY (2:58). As a class, discuss the following questions – How do you think you would feel as an officer being filmed? How would you respond? How should you respond? What are ways to stay calm even if you are becoming frustrated by the fact you are being filmed? OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 19 of 117 3. Use of force a. Treatment by police during use of force incidents is particularly and highly scrutinized for reasonableness b. Use of force statistics Johnson (2015) (1) 800,000 peace officers policing a national population of over 320 million (2) Assaults on police officers between 2003 and 2012 (a) 576,925 assaults (b) 191,225 (33.1%) involved some sort of weapon (c) 32,767 of the 191,225 involved an edged weapon or firearm, or an average of 3,277 deadly weapon assaults on officers annually (3) Deaths by “legal interventions,” which include deaths resulting from “injuries inflicted by police or other lawenforcing agents in the course of arresting or attempting to arrest lawbreakers, suppressing disturbances, maintaining order, and other legal action” between 2003 and 2012 (a) Annual average number of individuals who died from police use of force was 429 (b) Only 13% of the situations in which officers were legally justified in using lethal force resulted in a citizen’s death 4. Legal cases a. Again, widespread reporting on recent use of force incidents has brought to the forefront of national discussions the tensions between police and citizens b. Regardless of whether the officer was justified or unjustified in the amount of force used, as exposure to such reports increases, people – regardless of race or ethnicity – are more likely to believe that police officers are prejudiced, discriminate against minorities, and engage in misconduct Weitzer (2014) 5. Perceptions and perspective OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 20 of 117 a. Public perception of the police – a 2015 Gallup poll reflected that confidence in police has dropped to its lowest level in over twenty years (i.e., 18% of Americans said they have very little or no confidence in police) Gonzales (2015) b. However, as Jeffrey Jones with Gallup commented on that poll, “ … it is important to note that Americans’ trust in police has not been fundamentally shaken – it remains high … despite being at a historical low” (i.e., 52% of Americans express “a great deal” or “quite a lot” of confidence in police) F. Our responsibilities as they relate to police legitimacy 1. As police officers, it is our responsibility to work towards establishing police legitimacy and strengthening relationships of trust and confidence with the communities we serve and the people living in them 2. Employing procedural justice tactics is the means by which police legitimacy can be established; however, in order to be effective in utilizing those tactics (discussed later), we must first have an awareness and understanding of diversity, and how prejudices, biases, and personal experiences can impact the delivery of and response to procedural justice tactics 3. This requires a. Actively pursuing knowledge about diversity and cultural differences b. Engaging in continuing self-assessment regarding culture c. Integrating this information into our actions in a manner that reflects sensitivity and value in delivering high quality services to culturally and linguistically diverse populations Distribute Handout #1 and discuss where these activities appear on the Cultural Competence Continuum OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 21 of 117 DIVERSITY A. Definitions 1. Sensitivity – the ability to consider the feelings of others and address people in a respectful and non-offensive manner AZPOST (2010) 2. Community diversity – a community’s composition encompassing multiple dimensions of race, ethnicity, gender, sexual orientations, socio-economic status, age, citizenship, physical abilities, religious beliefs, political beliefs, and other ideologies; these dimensions can be broken down into primary and secondary dimensions Diversity (n.d.) a. Primary dimension examples Gardenswartz & Rowe (2008) (1) Race (2) Ethnicity (3) Gender (4) Gender identity (5) Sexual orientation (6) Age (7) Ability b. Secondary dimension examples (1) Religion (2) Income (3) Educational background (4) Work experience (5) Marital status (6) Parental status (7) Geographic location (8) Health status OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 22 of 117 (9) Personal habits (10) Recreational habits (11) Appearance Class Exercise – Go to http://censtats.census.gov/. Click on Quick Facts at the bottom of the page and enter Ohio. Look at the statistics presented under People QuickFacts. Discuss them as a class. Next, enter the county and/or city in which class is being held. Look at the statistics under People QuickFacts. How do they compare to Ohio? Are there any statistics that students find surprising? Discuss as a class. 3. Gender/sexual orientation a. Definitions (1) Sex – refers to biological characteristics of being male, female, and/or intersex (i.e., there is a discrepancy between the external genitals and internal genitals – the testes and ovaries) Quinn (2010) Kaneshiro (2013) (2) Gender – assigned at birth based on sex Quinn (2010) (3) Gender identity – is the inner sense of one’s gender, including a sense of self, self-image presented to the world, and self-identification (4) LGBTQ – respectful umbrella term that stands for Lesbian, Gay, Bisexual, Transgender, and Questioning b. Mirroring language (1) It is important to remember that labels and definitions vary from community to community and are constantly evolving (2) It is suggested that officers use the person’s name or mirror the non-offensive words that people use to describe themselves 4. Race – RELATIONSHIP BETWEEN RACE, GENETICS, AND PHYSICAL CHARACTERISTICS SPO #4 – PPT #11 California Newsreel (2003) a. Race can be an easily misunderstood subject OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 23 of 117 b. Race is a modern concept used to classify people by similar, observable physical characteristics c. It is not, as many people think, based on genetics (1) Despite surface appearances, humans are one of the most genetically similar of all species and … SPO #4 – PPT #12 (2) Within the human species, there is no distinct genetic profile that completely distinguishes one so-called race from another (3) This is because most genetically influenced traits, like skin color, hair, eye shape, blood type, athleticism, and intelligence, are inherited completely independent of one another (4) This makes it entirely possible that two random Koreans can be as genetically different as a Korean and an Italian, and yet, comparatively speaking, all three are still genetically similar 5. Culture – refers to the system of shared ideas, rules, and meanings that inform us how to view the world and tell us how to act a. It is a complex group of behaviors and standardized social characteristics unique to a specific group – examples include … AZPOST (2010) (1) Societies (e.g., Western culture) (2) Professions (e.g., police culture) (3) Institutions (e.g., workplace or organizational culture) b. It is learned; it is not biologically inherent c. It is transmitted from one generation to another d. It states to us what is good, bad, right, or wrong e. It has definite rules that guide us on how to behave OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 24 of 117 Small Group Exercise – Divide the class into small groups. Ask each group to develop a list of characteristics associated with police culture. Have each group share its list with the class. POBT: Unit 1-5 ethics & professionalism Class Discussion – As a class, discuss differences between how law enforcement and the public may perceive police culture. Discuss how the positive and negative actions of one or a few officers can contribute to an agency’s overall culture and the public’s perception of law enforcement. Discuss how an agency’s culture and the public’s perception of police culture might affect job satisfaction. Discuss the choice, decision, and commitment to work towards a positive police culture through every law enforcement interaction (both within an agency and with the public). State to class: “The actions of one officer do not necessarily reflect the culture of an entire agency, nor does the culture of an agency necessarily reflect the attitudes and actions of every officer within that agency; however, each has the power to influence the other and the public’s perception of law enforcement. Therefore, efforts to counter improper behaviors and to promote positive behaviors should always be encouraged.” 6. Ethnicity – refers to cultural practices and attitudes that characterize a given group of people and distinguish it from other groups Watt & Norton (2004) a. Include characteristics such as language, religion, ancestry, and other shared cultural practices which provide them with a distinctive identity b. Also includes identifications such as French or Spanish c. Ethnocentric (1) To have an ethnocentric viewpoint is to assume that one’s own ethnicity is the norm, and that others simply deviate from it (2) All of us are, to varying degrees, ethnocentric B. The connection between people’s ethnicity and culture and police legitimacy 1. Research evidences that ethnicity shapes perceived levels of legitimacy and trust Murphy & Cherney (2012) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 25 of 117 2. Perceptions can be exacerbated for immigrants who may be apprehensive about police contact because of their past experiences with the police in their country of origin 3. In some societies, there is an extreme discord between the police and minority citizenry (e.g., Iraq, Afghanistan, Chechnya) Weitzer (2014) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 26 of 117 I N - G R O U P S , O U T - G R O U P S , P R E J U D I C E S , & B I AS E S A. Our perceptions, prejudices, and biases are shaped from an early age by our culture, race, ethnicity, gender, and experiences Staats (2014) B. In-groups and out-groups Donald, Hyman & Redfield (2012) 1. Our perceptions of who is in our “in-group” (i.e., those whom we believe possess characteristics similar to us) and in the “outgroup” (i.e., those whom we believe to be dissimilar to us) is a factor in our interactions 2. Research shows that a. We have an automatic preference for those in our in-group b. We tend to be more comfortable with those who are in our ingroup c. We tend to be more loyal to those in our in-group Class Exercise – Have each student, on their own sheet of paper, draw five large circles. Within each of the five circles, students are to write one culture group with which they closely identify (e.g., Italian, millennial, athletic, Catholic). Students should then move around the room and find, for each cultural group they have identified, one or two others who also share that cultural connection, and write those persons’ names in the appropriate circle. After everyone has had the opportunity to fill in at least one circle, discuss the following: Did anyone have a hard time actually filling out all five circles? Did anyone share more than one cultural connection with the same person? What does that suggest? What was striking about the process of finding matches (e.g., was it easy, harder than originally anticipated)? What was your reaction to those with whom you share a connection? Did you feel a connection with them? d. We automatically see people in our in-group as more trustworthy and we take the time to get to know them Fiske (2012) e. When we need a person from an out-group to accomplish a shared goal, we will get to know that person as an individual; this cooperation and opportunity to learn about one another builds new, larger in-groups OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 27 of 117 3. THE CONNECTION BETWEEN IN-GROUPS, OUT-GROUPS, AND POLICE LEGITIMACY a. Some individuals interpret their encounters with police in terms of their group’s societal position rather than, or in addition to, the immediate circumstances of the police contact SPO #5 – PPT #13 Weitzer (2014) b. While not definitive, generally, the more different the citizen and officer are from one another, the higher the odds of disrespectful behavior toward the other party C. Racism and discrimination 1. Racism a. Definition and overview Racism (n.d.) (1) Definition – a belief or doctrine that inherent differences among the various human races determine cultural or individual achievement, usually involving the idea that one’s own race is superior and has the right to rule others (2) Racism can be the systemic conditions that provide some people more consistent and easier access to opportunities based on perceived race or ethnicity (3) In the United States (a) Race barriers have been broken – examples i. Jackie Robinson – first Black American to play in Major League Baseball, (1947); first Black American to be inducted into the Baseball Hall of Fame (1962) Robinson (n.d.) ii. Hiram Fong – first Asian American senator (1959) Crass (2013) iii. Ken Blackwell – first Black American elected to statewide executive office in Ohio when elected treasurer of state (1994); first Black American in Ohio history to be a major party nominee for governor (2006) Politico (n.d.) iv. Bobby Jindal – first Indian American elected governor in the United States (2006) Bobby Jindal (2015) v. Sonia Sotomayor – first Hispanic United States Supreme Court Justice (2009) Sonia Sotomayor (2015) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 28 of 117 (b) But racism remains a significant issue (4) Nationally, there are incidents in the work place of disciplinary actions and terminations due to Point out how recent some of the breaks in racial barriers mentioned have occurred (a) Racial slurs (b) Hostile work environments based on race (c) Double standards (5) Racism can be as common in law enforcement agencies as in any other segment of society b. TYPES OF RACISM (1) Individual racism – internalized, unexpressed biases and prejudices based on race SPO #6 – PPT #14 Lawrence & Keleher (2004) Question to Class – What are some examples of individual racism? Answers will vary, but may include, for example, assuming someone’s race based on how they sound over the phone (e.g., “sounding” Black or Hispanic). (2) Interpersonal racism (a) Occurs between individuals (b) Includes public expressions of racial prejudice and hate made by individuals (3) Institutional racism SPO #6 – PPT #15 (a) Race based discriminatory policies and treatment that are produced and perpetuated by institutions (e.g., schools, mass media, governments, banks) that result in inequitable opportunities and impacts (b) Occurs within and between institutions OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 29 of 117 (c) Includes the discriminatory actions of individuals exercising the authority of the institution (e.g., a bank loan officer, representing a banking institution, treating someone with racial bias; a police officer, representing a law enforcement institution, treating someone with racial bias ) Question to Class – What are some examples of institutional racism? Answers will vary, but may include, for example, criminal sentencing. (4) Structural racism SPO #6 – PPT #16 (a) Refers to the collective way history, culture, and institutions reinforce and perpetuate racialized outcomes, even in the absence of racist intent (b) It is broadly encompassing – it touches on all aspects of society (e.g., history, politics, economics) and is the foundation from which the other types of racism emerge (c) Indicators include power inequalities, unequal access to opportunities, and differing policy outcomes by race, whether or not intentional 2. Discrimination – treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which the person or thing belongs rather than on individual merit a. The treatment can be based on race, but can also be based on other differences between people (e.g., gender, age, religion, sexual orientation) Discrimination (2015) EEOC (n.d.) b. Frequently talked about in association with hiring, promoting, assignments, compensation, but can include other types of opportunities, as well (e.g., joining clubs) D. Bias 1. COMPONENTS OF BIAS SPO #7 – PPT #17 a. Stereotypes – generalizations about the perceived “typical” characteristics of a social category (i.e., cognitive component) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 30 of 117 (1) We categorize people by age, gender, race, and role Gove (2011) (2) Stereotypes do not necessarily have to have a negative connotation, as social scientists point out that it is just a way for our brain to quickly sort people into recognizable groups b. Prejudices – an often negative prejudgment based on characteristics such as race, age, etc. that is not necessarily reasonable or logical SPO #7 – PPT #18 c. Attitude – positive or negative feelings associated with individuals or groups; the tendency to like or dislike, or to act favorably or unfavorably, toward someone or something Gove (2011) Question to Class – What are examples of prejudices? Answers will vary, but may include, for example, racism, sexism, ageism, and homophobia. Instructors should point out that prejudices take on many forms, all of which have meaning and impact, even if they are not the ones most typically thought of (e.g., racism, sexism). 2. BIAS-BASED AND CRIMINAL PROFILING SPO #8 – PPT #19 a. Bias-based profiling, racial profiling, and illegal profiling have the same meaning and are used interchangeably Question to Class – What are some examples of bias-based profiling (i.e., illegal or racial profiling)? Answer below in b. b. Bias-based profiling is unequal treatment by a law enforcement officer of any person by stopping, questioning, searching, detaining or arresting him/her on the basis of the person’s ethnic or racial characteristics, gender, religion, or sexual orientation (e.g., stopping a car because the driver is Black; searching a person because the person is Middle Eastern) c. Not all profiling is illegal Question to Class – What are some differences between criminal and racial/bias-based profiling? Answer below in (1). OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 31 of 117 (1) Difference between criminal profiling and bias-based profiling (a) Criminal profiling – based on observed behaviors and characteristics WPPD (n.d.) SPO #8 – PPT #20 (b) Bias-based profiling – the factors of race/ethnicity and bias towards that race are initiating factors for law enforcement intervention (2) It is important to realize that police officers must sometimes consider a person’s race, age, gender, religion, and other factors when preparing a criminal profile, as it may be a necessary part of determining who would have had a motive or the capability of committing an alleged crime (e.g., when it is a hate crime) (3) Criminal profiling has been used successfully and justifiably in the criminal justice field for years (4) It is known, more accurately, by more definitive terms (a) Investigative profiling (b) Forensic profiling (5) The key element is that the investigative outcome is based on facts and knowledge, not personal attributes or societal biases (6) Most of this type of activity occurs after the criminal events, not before or during (7) In any case, using race alone will not satisfy the burden of proof required of the state (8) Once a stop or seizure has been made, the officer must be able to satisfy the court that it was based on reasonable, articulable suspicion Small Group Discussion – Have the class work through the scenarios on Worksheet #1. Students are to determine if the scenario depicts criminal or bias-based profiling and justify their determination. Worksheet #1 Worksheet #1A Facilitate a large group discussion to discuss their answers. The instructor can use Worksheet #1A to facilitate discussion. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 32 of 117 3. TWO TYPES OF BIAS SPO #9 – PPT #21 a. Explicit bias and implicit bias – common characteristics (1) Everyone possesses them (2) They have real-world effects on behavior Staats, Capatosto, Wright, & Contractor (2015) (3) They can relate, for example, to race, religion, gender, sexuality, disability, height, weight, or age b. EXPLICIT BIAS – conscious preference (positive or negative) for a social category Marsh (2009) c. IMPLICIT BIAS – preference (positive or negative) for a social category based on stereotypes or attitudes that we hold and tend to develop early in life and that operate outside of our awareness (1) Implicit biases are related to explicit biases, but they are still distinct concepts Staats (2014) SPO #9 – PPT #22 (a) While the two types of biases may reinforce each other … (b) Implicit biases can be dissociated from explicit biases – our implicit biases do not necessarily align with our explicit beliefs (i.e., you may firmly support equality for all races and ethnicities, and even champion that cause, yet still have unconscious biases against certain races or ethnicities) Donald, Hyman, & Redfield (2012) (2) Implicit biases are largely hidden from us, but their effects are pervasive and powerful, and … Gove (2011) (3) Understanding implicit biases is important because they have the potential to impact our interactions and efforts to effectively use procedural justice tactics to promote police legitimacy When discussing implicit biases, emphasize that everyone possesses them Class Exercise – View “Remove Labels” video found at https://www.youtube.com/watch?v=84OT0NLlqfM (2:47). As a class, discuss the following questions – The introduction uses the word prejudices – is it the appropriate word? Why or why not? If you had been in the darkened room and part of the discussion, would you have had similar responses? OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 33 of 117 I M P L I C I T B I AS – A C L O S E R L O O K A. What’s going on – the role of the brain 1. In general, there are TWO MODES OF THINKING – automatic (System 1) and more deliberative (System 2) 2. System 2 Staats & Christian (2015) SPO #10 – PPT #23 SPO #10 – PPT #24 a. Deliberative thinking b. Characteristics (1) Conscious (2) Effortful (3) Controlled (4) Deliberative (5) Slower Class Exercise – Write on the board the following math problem: 17 X 24 Ask students what type of problem it is. Key takeaways – Students will automatically recognize it as a multiplication problem. This is an example of System 1 thinking. It should be pointed out that students most likely also immediately and effortlessly had some ballpark answer to the problem (e.g., it’s more than 2, but less than 10,000). Ask students to calculate the answer (408) without using a calculator or phone. Key takeaways – Students need to activate System 2 cognition to solve the problem. It requires the attentive, deliberate reasoning abilities of System 2. It takes more effort, more attention, and more time for this task than to simply recognize it to be a multiplication problem, know how to solve it, or ballpark an answer. The intense focus mechanisms of the brain enable us to perform tasks like this successfully. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 34 of 117 Class Exercise – (Stroop Test). The Stroop Test was designed to show how our minds do some things quickly and effortlessly, but other tasks less quickly. PPTs #25 – #27 Display PPT #25. As a class, have the students read aloud as quickly as they can the words displayed. State to class: Once we are readers we can read these very quickly. Display PPT #26. As a class, have the students state aloud as quickly as they can the colors displayed. State to the class: We also recognize and call out colors easily, just not as quickly. Before displaying the next slide, give directions to the class to say the colors that they see, not the color that is written (e.g., if the word “Blue” is printed in a red color, they should say red). Display PPT #27. As a class, have the students read the words. Discuss the difference in the level of effort required to read the words when the font color did not match the color word displayed and the earlier examples. Key takeaways – We instantly recognize words; we don’t have to really think about them to give a quick answer. When the messages don’t match the words, however, we have to inhibit our automatic response to perform the task. We can do it, but it is harder and slower, and if we don’t slow it down, we will make mistakes. Question to Class: From this exercise, what do we know about System 1 – automatic thinking? 3. System 1 SPO #10 – PPT #28 a. Automatic thinking b. Characteristics (1) Unconscious (2) Effortless (3) Automatic (4) Uses associative memory (5) Very fast OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 35 of 117 Class Exercise – Write the following on the board: Staats & Christian (2015) Lime, Green Lemon, Yellow Sky, ________ Have the class read aloud the words and fill in the blank at the end. Key takeaway – Most, if not all students, will complete the last pair of words with “Blue” because of System 1 thinking, which uses associative memory. c. Practical purpose – simplifies tasks (e.g., driving, tying shoes) which most adults can do without having to systematically and deliberatively think about each step Class Exercise – (Cambridge Reading Test). Display PPT #30. As a class, have students read the text aloud. SPO #10 – PPT #29 PPT #30 Staats & Christian (2015) Key takeaway – Most, if not all students, will be able to read the text because of System 1 thinking, which unconsciously makes sense of the letters. The brain takes in what we see, processes that information unconsciously, matches it against words we already know, and sends back a different message. System 1 is rearranging those letters and doing this at lightning fast speed to help us make sense of the world around us. d. Protection mechanism – we evaluate everything we see and everyone we meet within 200 milliseconds to determine if something is threatening or not SPO #10 – PPT #31 Weaver (2014) e. Development of the associations that serve as prompts in System 1 thinking (1) Over time, based on experiences and influences of family, friends, media, we begin to associate characteristics (positive and negative) with certain people groups (2) These associations strengthen over time and become automatic (3) Association examples (a) Stereotypes of gender and science or careers (b) Attitudes of race, age, sexuality, disability, weight OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 36 of 117 Question to Class – Whose associations do you think impact policing? Answers should include both citizens and law enforcement officers. What types of experiences shape associations that can impact our efforts to achieve police legitimacy? Answers may vary, but should include the answers below in (4). (4) Types of experiences that result in associations that can impact our efforts to achieve police legitimacy (a) Personal experiences (i.e., direct experiences) i. Weitzer (2014) Officer – some officers assigned to work in highcrime neighborhoods may develop prejudices against the culture groups within those communities and with whom they most frequently interact (i) Police deal with three to six percent of the population daily, and that population consists of the people who normally commit the crimes OPOTA & CPD (2015) (ii) The police rarely deal with the 94 to 97 percent of the population who are law abiding (iii) Because of their experiences, some officers can begin to develop over time an “us versus them” mentality ii. Citizen – regardless of race, citizens who have a negative interaction with police have a lasting, negative perception of police Weitzer (2014) (b) Vicarious experiences (i.e., indirect experiences) i. Beyond personal experiences, perceptions can be shaped by vicariously experienced encounters (i) Messages are shared and experienced via media (ii) Individuals experience police indirectly through a prism of others (e.g., family, friends, neighbors) Godsil, Tropp, Goff, & powell (2014) Weitzer (2014) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 37 of 117 (iii) Even if a person does not personally have a negative encounter, a person’s perception of police can be impacted by other people’s experiences that have been shared with him/her ii. Less transfer of positive encounters B. Proof and impact of implicit biases – studies Staats & Christian (2015) 1. General a. Again, everyone has implicit biases and, without overt intention, these biases can present themselves in many ways, even ways in which we may not typically consider b. Example – hiring based on height (1) Average height of American men is 5’9”; average height of CEOs of Fortune 500 companies is 6’ (2) 14.5% of all American men are over 6’; 58% of all Fortune 500 company CEOs are over 6’ 2. Implicit racial bias in general a. Implicit biases regarding race are present from a young age to adulthood b. Doll test (1) The Clark Doll Test is well known for its social relevance and revealing that Black children had internalized racism and the stereotyping of Black people as bad and associating White skin with being nice and more desirable Clark Doll Test (2010) (2) Original test conducted by Kenneth Clark in 1954 helped make the case for desegregation in Brown v. Board of Education (3) Test replicated in 2006 by 17 year-old film student, Kiri Davis Davis (2007) (4) Results show the psychology is not noticeably changed after all the years OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 38 of 117 Class Exercise – View “Clark Doll Test” video found at http://youtu.be/MqSFqnUFOns (3:05). As a class, discuss reactions to the video. 3. Implicit racial bias in the healthcare field Staats (2014) a. Like law enforcement, healthcare is a noble profession, focused on service to others without discrimination, and often carried out under conditions requiring fast decision making b. Studies have shown, though, that despite the noblest of intentions, implicit racial bias is present in healthcare professionals c. Research suggests that despite health care providers having the best of intentions to give all patients the best possible care, implicit biases can impact patient-doctor interactions and the treatments doctors give patients. Although occurring outside of conscious awareness, these implicit biases can perpetuate health care disparities – examples (1) Some primary care physicians who exhibited very little explicit bias against Latinos and African Americans were revealed by implicit association testing to hold strong implicit biases against those two groups (2) Black patients, more so than White patients, rated physicians with higher levels of implicit biases less favorably in the areas of interpersonal treatment, communication, trust, and knowledge (3) Based on this research, and because of the ways that implicit bias can subtly seep into communications styles, researchers have encouraged physicians to be mindful of their verbal and non-verbal communications when interacting with patients 4. Implicit racial bias and response to criminality a. Perceptions of criminality – evidence supports that people are faster at making a judgment when responding to information that matches the stereotypes that they have versus information that is incongruent with the stereotypes they hold Correll, Hudson, Guillermo, & Ma (2014) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 39 of 117 Class Exercise – View “Bicycle Thief” video found at http://www.youtube.com/watch?v=ge7i60GuNRg (4:40). As a class, discuss the following: What stereotypes were presented in the video? Do you believe that the stereotypes presented in the video are held only in the location where the video was filmed? Is it a prevalent stereotype in our society that young, Black men are dangerous? How, if at all, do you think these stereotypes can impact how a person carries out his/her law enforcement duties? b. Shooter implicit bias (1) There are several studies – some done with citizens, some done with citizens and police officers – that indicate the race of the target person can affect a shooter’s decision to pull the trigger (e.g., on who, how quickly) Correll et al. (2014) Staats (2014) (2) There are other studies, however, that indicate that the impact of implicit bias has less impact on an officer’s ultimate decision to shoot (a) There are findings that police officers, while showing evidence of bias in terms of their reactions times, did not show bias in their ultimate decision of whether or not to shoot Correll & Keesee (2009) (b) There are findings that officers are less likely to erroneously shoot unarmed Black suspects than they are unarmed Whites James, Klinger, & Vila (2014) (3) As one of the researchers indicated, because of the limitations of the work, “the results of any single study must be treated with caution and a degree of skepticism” Correll & Keesee (2009) (4) He also added, “Th[e] persistence of stereotypes serves as a reminder to the law enforcement community, and to U.S. residents more generally, of the potential influence, even in subtle ways, race can have.” c. Given the potential impact that implicit biases can have on our decision making and actions, it is important for us to have an awareness of our own implicit biases and take steps to mitigate the undesirable effects C. Implicit Association Test (IAT) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 40 of 117 1. Overview of IATs Project Implicit (n.d.) a. Developed by Project Implicit, a non-profit organization and international collaboration between researchers b. Measures response times that are designed to reveal the strength of automatic associations you have between concepts (e.g., race, sexuality), evaluations (e.g., good, bad), and stereotypes (e.g., clumsy, athletic) c. No evidence that being right-handed or left-handed or that hand-eye coordination impacts the results or that familiarity with the groups influences outcomes d. Extensive testing of this methodology for determining implicit biases have found it to be reliable and valid (Before beginning this exercise, consult the Instructor Guide) Individual Exercise – Distribute Worksheet #2. Have students individually complete the exercise. Staats (2014) Instructor Guide Worksheet #2 Worksheet #2A Class Discussion – Ask for students to share their responses. Responses should be voluntary. The instructor can use Worksheet #2A to facilitate discussion. 2. Truths about our implicit biases Staats et al. (2015) a. You can be implicitly biased even if you have diverse friends and acquaintances b. Research documents that, because of exposure throughout our lifetimes to direct and indirect messages that affect our thoughts and evaluations of others, we can be implicitly biased against others who share our same demographics (e.g., skin color, gender, socioeconomic status) (1) Of the 50,000 Black Americans who have taken the test, about half of them had stronger associations with Whites than with Blacks Gove (2011) (2) Refer to the Doll Test c. Implicit biases do not make you a “bad person” – they are the result of normal human processes occurring at an unconscious level OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 41 of 117 d. The good news is that unwanted implicit biases can be altered e. Because of the huge impact that implicit biases can have on actions, attempts should be made to mitigate them (1) Note that this is different than trying to repress them, which may amplify their negative impact Staats et al. (2015) (2) It is not a “one and done” type of effort – one training is not enough to dismantle or overcome the associations an individual possesses (3) Any training is a starting point, not a final destination D. STRATEGIES TO COUNTER IMPLICIT BIASES SPO #11 – PPT #32 1. Guarding against its influence in decision making a. Recognize that everyone has biases and think critically about your own potential for biases Godsil et al. (2014) b. Seek greater awareness and more education to increase motivation to be fair (1) Studies evidence that education about and awareness of implicit bias can increase motivations to be fair and engage in behavioral change (2) More success to change when the motivation is internally driven versus externally driven c. Know when you are susceptible (1) Conditions Staats & Christian (2015) SPO #11 – PPT #33 (a) Ambiguous or incomplete information (b) Time constraints (c) Compromised cognitive control i. High cognitive load (i.e., processing many thoughts at one time) ii. Fatigue (i.e., tired) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 42 of 117 (2) Result – when the above factors are present, which they often are in the law enforcement profession, we are more apt to switch to System 1 thinking SPO #11 – PPT #34 (3) Response – engage deliberative processing; slow down your thinking Staats et al. (2015) 2. Overcoming biases Godsil et al. (2014) SPO #11 – PPT #35 a. Recognizing your stereotypes and reflecting on why the response occurred creates a process to consider how to avoid the biased response and replace it with an unbiased one b. Counter-stereotypic imaging – develop new associations by looking at positive examples that challenge negative associations c. Obtain specific information about others by intentionally engaging in a meaningful way with others who are different from you, rather than relying on stereotypical references SPO #11 – PPT #36 d. Be empathetic 3. Effort required Correll et al. (2014) SPO #11 – PPT #37 a. People can train to override biased tendencies b. It is an effortful process that requires cognitive control c. “Intention, attention, and time” are needed to build new associations well enough for them to compete with a person’s implicit biases Wald (2014) d. In stressful situations, biases may still emerge Correll et al. (2014) Class Exercise – View “Learning to Ride a Bike” video found at http://viewpure.com/MFzDaBzBlL0?ref=search (7:57). As a class, discuss the following questions – How does this relate to System 1 and System 2 thinking? How does this relate to overcoming implicit biases in policing? Answers will vary but should include that implicit biases can be overcome, but it takes effort and daily practice. Even then, it is still possible to revert to the former way of thinking. e. Despite the effort required, the effort is worth it OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 43 of 117 4. Benefits of undertaking strategies to counter implicit biases include a. Improved interactions with others b. Improved ability to employ procedural justice tactics, which are the means for achieving the goal of police legitimacy OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 44 of 117 P R O C E D U R AL J U S T I C E A. Definition 1. Procedures and tactics used by police officers where citizens are treated fairly and with proper respect OPOTA & CPD (2015) 2. TWO-PRONGED APPROACH TO PROCEDURAL JUSTICE SPO #12 – PPT #38 Brunson & Gau (2014) a. Person-based approach – emphasizes the importance of face-to-face interactions between an officer and a citizen b. Community-based model – ultimate goal is to achieve police legitimacy throughout entire society B. Why it matters 1. COMMUNITY BANK ACCOUNT CONCEPT AS IT RELATES TO PROCEDURAL JUSTICE a. Every encounter is either a deposit or withdrawal (i.e., an opportunity to increase or decrease the public’s perception of police legitimacy) Individual Exercise – Have students read the article in Handout #2. SPO #13 – PPT #39 Esquevil et al. (2014) Handout #2 Class Discussion – As a class, discuss what makes this an example of a deposit. (1) Deposits – police must build up reserves of public trust through actions that reflect courtesy, kindness, and honesty SPO #13 – PPT #40 (2) Withdrawals – occur from the community bank account when police actions reflect overreaction, discourteousness, or disrespectful behavior, or when police ignore people or betray their trust (3) If a large reserve of trust is not sustained by continual deposits, the community-police relationship will deteriorate OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 45 of 117 b. Significant decrease in public approval of the police after major publicized incidents of misconduct c. Studies show that even simple, brief encounters can be used to build police legitimacy when… (1) Processes are explained, and (2) Words are used that communicate respect (e.g., “Thank you for your cooperation” and/or “Thanks for wearing your seatbelt”) d. For a person holding negative attitudes towards police, a single positive encounter may not be sufficient to shake preexisting views, but a sustained exposure to positive interactions can start to reshape them Weitzer (2014) SPO #13 – PPT #41 Refer to news stories discussed at the beginning of the course Fischer (2014) Brunson & Gau (2014) SPO #13 – PPT #42 Class Exercise – View “Viral Video Shows Another Side of Interacting With Police Officers” found at http://abcnews.go.com/US/viral-video-shows-side-interactingpolice-officers/story?id=30310913 (2:09) As a class, discuss how the interaction was perceived by the stopped motorist when the officer was respectful and explained why the stop was made. Ask what type of impact messages like these can have on the public’s attitude toward police? 2. Benefits of procedural justice a. People will comply with the law, even when you are not around b. People will comply with your directives Mazerolle et al. (2014) Emphasize for students that this is how police legitimacy is achieved (1) Noncompliance occurs when citizens view officers as disrespectful (a) Has costs for the state and negative implications for the person (b) More likely to result in harm to the person and police (2) When officers treat people with dignity and respect, the encounter is less likely to escalate into a violent situation (3) Power of control versus power of influence Esquevil et al. (2014) (a) Power of control – using coercion, threats, force, or the perception of power to gain compliance OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 46 of 117 (b) Power of influence – using principles to earn people’s respect and make a positive difference in their lives; power to work effectively with others to get a better result i. Other words for power of influence – leadership, character, integrity ii. Opportunity to earn respect and cooperation because of who we are rather than what we are c. People will assist you Mazerolle et al. (2014) (1) In communities where procedural justice is employed, citizens are more willing to call police to report crime, accidents, and “dangerous or suspicious activities” as well as provide police with information and engage in voluntary crime prevention activities (2) Procedural justice policing has the potential to facilitate the role of citizens as agents of social control d. People will be satisfied with you (1) Procedurally just policing leaves citizens feeling more satisfied with the encounter and, thus, more accepting of the police decisions (2) True even when the outcome is not favorable to the citizen (e.g., issued a traffic ticket) (3) Procedural justice formula – A = O + P Esquevil et al. (2014) (a) A citizens overall assessment of their interaction with police, whether positive or negative (A) … (b) Depends on more than just the outcome (O) … (c) It is largely influenced by the citizen’s perception of the way they were treated (i.e., the process used by the police) (P) e. Effective when applied with some vulnerable populations Mazerolle et al. (2014) (1) Leaves most groups of vulnerable people more satisfied OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 47 of 117 (2) Outcomes particularly improved when used with persons with compromised coping capacity (e.g., mental illness) because it reduces their distress f. It can be a valuable first step toward building trust and rapport with populations that might feel marginalized g. The more you do it, the more natural it becomes h. You will be more effective in your policing (1) Procedural justice promotes citizen willingness to comply with the law, comply with officers, and cooperate with police, and it improves overall satisfaction with police (2) This aids you in doing your job (3) When citizens believe police are doing their job, there is more satisfaction, trust, compliance, and cooperation i. Consistent use means less force is needed (1) When officers are perceived as legitimate, there is less resistance to their actions and greater potential for compliance without the use of force (2) Improves safety for officers and citizens Ferreira, Sedevic, & Lipman (2013) (3) Fewer citizen complaints (4) Lower officer stress levels C. General reminder – effectively employing procedural justice tactics requires, in part, an ability to stay in control of your emotions. Staying rested, healthy, and in a good place mentally (e.g., managing your stress) are important to mitigating your implicit biases and building police legitimacy D. Foundations of procedural justice 1. Strong basis in the idea of treating others as you would like to be treated Ferreira et al. (2013) 2. Has two primary dimensions Tankebe (2014) a. Quality of decision making – relates to judgments about police honesty, opportunities for error correction, and whether legal authorities have acted impartially OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 48 of 117 b. Quality of treatment – relates to the respect that officers give to people and their rights, and the trustworthiness of police officers based on their conducting their work with transparency 3. FOUR CORE PRINCIPLES/PILLARS OF PROCEDURAL JUSTICE SPO #14 – PPT #43 Sedevic (n.d.) a. Giving others a voice (i.e., listening) b. Neutrality in decision making c. Respectful treatment d. Trustworthiness E. Voice 1. Concept – people want to have an opportunity to explain their situation or tell their side of the story to the officer Fischer (2014) SPO #14 – PPT #44 2. In practice a. The opportunity for the citizen to make arguments and present evidence should occur before you make a decision about how you are going to resolve the encounter b. Active listening during this phase makes people feel that they are a part of the process and have input, even if it does not impact your decision F. Neutrality 1. Concept – people react positively to evidence that the authorities with whom they are dealing are neutral a. Components (1) Consistency in decision making for all persons, every time Ferreira et al. (2013) POBT: Unit 3-4 crisis intervention, for more on active listening Fischer (2014) SPO #14 – PPT #45 Skogan, Van Craen, & Hennessy (2014) (2) Decisions are reasoned, objective, and factually driven (3) Respect for the rules and legal principles OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 49 of 117 b. Transparency and openness about the rules and procedures being used to make decisions facilitates perception of neutrality 2. In practice Fischer (2014) SPO #14 – PPT #46 a. First secure the situation; then explain the reason for your presence b. When providing the explanation (1) Tell the truth Covey (2011) (2) Use simple language (3) Be complete in your explanation c. Check your decision making for effects of implicit biases d. Right wrongs (i.e., when you are wrong, admit it, apologize for it, and work to correct it); do not let pride get in the way of doing the right thing G. Respectful treatment 1. Definition – respect is an active process of nonjudgmentally engaging people from all backgrounds Covey (2011) SPO #14 – PPT #47 Meshanko (2013) a. It is different than tolerance, which is neither positive nor negative and requires minimal effort b. It is practiced to increase our awareness and effectiveness c. It is demonstrated in a manner that values both us and those with whom we interact 2. Concept – people are sensitive to whether they are treated with dignity and politeness and to whether their rights are being respected; they will react very negatively to dismissive or demeaning interpersonal treatment Fischer (2014) SPO #14 – PPT #48 3. Effects Meshanko (2013) a. When a person is treated with respect, positive associations are formed biologically and physiologically and the brain will perform at the highest level capable; the opposite is true when a person is treated disrespectfully OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 50 of 117 b. Your brain’s limbic system is responsible for recording memories of people, events, and the associated emotions (1) You are leaving a lasting imprint on others by your actions (2) They may not remember the details, but they will remember how they felt around you (3) How do you want to be remembered? What will you do to build your legacy? 4. In practice a. Treat others with quality, respect, and dignity (1) Make direct eye contact SPO #14 – PPT #49 Ferreira et al. (2013) Meshanko (2013) (2) Address them appropriately (e.g., by their name, sir, ma’am) (3) Give them your undivided attention (4) Be sensitive to cultural differences Wasserman (2014) (5) Do not use inflammatory words or phrases (e.g., words or phrases that are racially or ethnically charged or sexually hostile, and/or profanities) (6) Thank them for their cooperation b. Show sensitivity to the importance that others place on an issue Gold & Bradley (2013) Meshanko (2013) SPO #14 – PPT #50 (1) Show concern for and inquire about their health and well-being (2) Be empathetic to their situation c. Use the Golden Rule d. In general, avoid these 11 phrases Esquevil et al. (2014) Thompson & Jenkins (2013) Class Discussion – Present the phrases below in (1) – (11) one at a time. After each phrase, ask the class why the phrase should be avoided. Discuss how an officer’s tone and volume might impact how the phrase is perceived and in what, if any, situations the phrases might be acceptable. Ask the class for alternative wording. Where indicated, ask the class for an appropriate response if the phrase is directed toward them. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 51 of 117 (1) “Come here!” (a) Why you want to avoid it – it is threatening; can cause opposite reaction (b) Alternative phrasing – “Excuse me, but I need to chat with you a second” or “Could I talk with you a second?” (2) “You wouldn’t understand” (a) Why you want to avoid it – it is insulting (b) Alternate phrasing – “This might be difficult to understand, but …” or “This is complicated, but I will do my best to explain it …” (3) “Because those are the rules” (a) Why you want to avoid it – you come across as insensitive and more concerned with your own authority; you may appear weak if you are unable to support your order with logic (b) Alternative phrasing – “This is the [law, policy, rules] because [brief explanation for why the law, policy, or rule is in place; e.g., safety]” (4) “It’s none of your business” (a) Why you want to avoid it – it can create tension by branding people as outsiders; it can also weaken your position because you appear not to have a good reason for refusing to share the information (b) Alternative phrasing – if, for example, it is a confidential matter, “The parties involved would not like me to say anything, and I want to honor that – you understand” (c) Response if the phrase is directed towards you – “It is my business, and here’s why …” (5) “What do you want me to do about it?” (a) Why you want to avoid it – it is seen as an evasion of responsibility; seen as a sign of exasperation OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 52 of 117 (b) Alternative phrasing – if, for example, you are not able to help sort out the problem, “I am sorry, but I really don’t know what else to recommend, and I wish I did “ (c) Response if the phrase is directed towards you – “I want you to listen to me and help me,” then politely explain what it is you need (6) “Calm down” (a) Why you want to avoid it – it doesn’t work and seems to make people more upset because it can come across as a criticism of the person’s behavior and reasonableness for being upset (b) Alternative phrasing – “Talk to me. What’s going on?” (7) “What’s your problem?” (a) Why you want to avoid it – it turns the interaction into a battle; the typical response will be a defensive one (b) Alternative phrasing – “What’s the matter? How can I help?” (c) Response if the phrase is directed towards you – “It’s not a problem, just something I need to discuss. Can we talk?” (8) “You never …” or “You always …” (a) Why you want to avoid it – absolute generalizations are almost always untrue (b) Alternative phrasing – “When you …, it makes me feel …” (c) Response if the phrase is directed towards you (whether as a statement regarding you or police in general) – “I know it may seem that way because …, but let’s talk about it. Is that the real issue here, or are you upset about something else?” (9) “I’m not going to say this again” (a) Why you want to avoid it – it traps you and you are only left with the option to act on your statement; don’t say it unless you really mean it OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 53 of 117 (b) Alternative phrasing – “It is very important that you understand this, so let me say it again. And please listen carefully” (10) “I’m doing this for your own good” (a) Why you want to avoid it – people won’t believe you (b) Alternative phrasing – explain why it is in their best interest (e.g., less likely to get hurt, don’t have to go to jail and be away from their family and own bed) (11) “Why don’t you be reasonable?” (a) Why you want to avoid it – it only invites conflict (b) Alternative phrasing – “Let me see if I understand your position” (then paraphrase the person’s words to assure the person that you understand him/her) (c) Response if the phrase is directed towards you – “I’m being as reasonable as I know how, but apparently I see the issue differently than you do” 5. Tips when you do not feel you are being treated respectfully a. Do not take it personally – maintain your objectivity (1) If the words the person is using aren’t fueling his/her adrenaline or that of those nearby in a way that creates a dangerous situation, allow the person to say what he/she wants so long as the person does what you say Thompson & Jenkins (2013) (2) Make it a win/win solution by giving the person that last word because you have the last action (i.e., you have the authority and power to arrest, if necessary) (a) The person’s words to attempt to save face do not harm you (b) If you take away the last word and have the last act, you can fan hostility and resentment b. Use breathing techniques (e.g., breathe in through your nose for four counts, hold for four counts, exhale through your mouth for four counts, hold the empty breath for four counts, repeat) to help control your emotions and maintain clarity in your thinking and actions OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 54 of 117 Individual Exercise – Have students practice 2 – 3 series of breathing. c. Continue to model respectful behavior – often others will begin to mirror it d. Be aware of your emotions and those of other officers involved in an interaction; provide opportunity to get emotions under control by helping one another and assuming the contact officer role as the situation and safety permit H. Trustworthiness 1. Concept – people react favorably when they believe that officers are sincerely trying to act on behalf of the best interests of the citizens with whom they interact 2. In practice – conveyed through the other three pillars a. Listening to people Fischer (2014) SPO #14 – PPT #51 Ferreira et al. (2013) b. Considering their side of the argument c. Taking their needs and concerns into account d. Explaining your actions and decisions e. Using the Golden Rule 3. Tips for building relationships of trust a. Strive to understand the communities in which you work (e.g., the cultures, citizens’ concerns) Wasserman (2014) SPO #14 – PPT #52 b. If you are working in a community that largely speaks another language, make an effort to learn key words and phrases c. Be professional and approachable SPO #14 – PPT #53 (1) Say “hello” (2) Stop in neighborhood establishments and meet the owners and people who work there (3) Do not stay constantly engaged in conversations with your partner to the extent that residents feel uncomfortable approaching you OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 55 of 117 (4) When in a patrol car and approaching someone, proceed slowly and with the windows open a little d. Encourage community participation SPO #14 – PPT #54 e. Make a conscious effort to respond to the concerns of all residents; if you are not able to immediately address a concern, collect the citizen’s information and follow-up in a timely manner f. Do not become argumentative if a citizen has a complaint or concern, no matter the reasonableness of the complaint or concern; instead, refer the citizen to your agency’s complaint process and/or bring the issue to your supervisor’s attention 4. Character/competency are the building blocks for trustworthiness Ferreira et al. (2013) Class Exercise – View “Police Officer Stops to Play Catch Football With Boy Playing Alone” video found at https://www.youtube.com/watch?v=92w4dARAeqk (2:10). As a class, discuss how actions such as these are perceived by the community. Discuss the short and potential long term impact such interactions can have on generating positive and trusting relations between law enforcement and the communities they serve. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 56 of 117 C O M M U N I C AT I N G T O AD V A N C E P R O C E D U R AL J U S T I C E G O AL S A. Law enforcement and communication AZPOST (2010) 1. Less than 10% of an officer’s job involves physical tasks 2. The majority of an officer’s job involves communicating with people, making it extremely important to have good communication skills B. Interactive process 1. Communication is the two-way sharing and understanding of information Hartman & McCambridge (2011) 2. To be effective at communication, it is important to understand your own communication style, as well as that of others; this is accomplished through style-typing 3. Communication is most effective when the communication styles of the information sender and receiver are the same or similar; however, communication styles do not always match a. When you realize that the person with whom you are communicating has a different communication style, it becomes necessary for you to adapt your dominant style in order to effectively communicate with that person b. This is referred to as style-flexing C. Communication styles – characteristics 1. Everyone uses a blend of them Hartman & McCambridge (2011) 2. Most people have a dominant style 3. Styles are reflected in behavior – they are observable and identifiable 4. Most people are quick to respond to communication that is similar to their dominant style 5. Communication styles are adaptable 6. No one communication style is better than another D. Communication styles – four categories and dimensions OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 57 of 117 Individual Exercise – Have students complete Worksheet #3. Worksheet #3 1. There are four categories of communication styles a. Analytical b. Driver c. Amiable d. Expressive 2. Each communication style category is defined by the following dimensions a. Assertiveness – behavior exhibited by those who feel the need to control a situation and are comfortable initiating an interaction; characterized by talking more than listening; exists on a continuum of high assertiveness and low assertiveness b. Responsiveness – behavior exhibited by those who feel the need to express their emotions, feelings, and impressions; characterized by listening more than talking; exists on a continuum of high responsiveness and low responsiveness c. Priority – task versus people/relationship oriented d. Pace – speed of communication; exists on a continuum from fast to slow 3. To the extent that similarities exist on one or more of the dimensions (i.e., styles are adjacent on the grid), communication effectiveness tends to be facilitated PPT #55 4. When there are no common elements present (i.e., styles are diagonal on the grid), communication effectiveness is diminished; style flexing is more challenging E. Communication styles – defined 1. Analytical – (AN) a. Low assertiveness; low responsiveness; slow pace; task oriented b. Communication goal – work within the system Students should consider these descriptors and compare them to their own communication styles as indicated by the category with the most checked boxes on Worksheet #3 OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 58 of 117 c. Characteristics (1) Industrious (2) Persistent (3) Serious (4) Vigilant (5) Orderly (6) Uncommunicative (7) Indecisive (8) Exacting (9) Impersonal (10) Asks “why” questions (e.g., “Why didn’t you do it this way?”) d. Stress reflex – focus on facts and figures 2. Driver – (DR) a. Assertive; non-responsive to differing viewpoints; fast paced; task oriented b. Communication goal – obtain results c. Characteristics (1) Determined (2) Demanding (3) Thorough (4) Decisive (5) Efficient (6) Pushy (7) Severe (8) Tough-minded OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 59 of 117 (9) Dominating (10) Harsh (11) Asks “what” questions to obtain results (e.g., “What can I do for you?”) d. Stress reflex – dictate 3. Amiable – (AM) a. Responsive; non-assertive; slow pace; people oriented b. Communication goal – cooperation c. Characteristics (1) Supportive (2) Respectful (3) Willing (4) Dependable (5) Personable (6) Conforming (7) Retiring (8) Noncommittal (9) Undisciplined (10) Emotional (11) Asks “who” questions (e.g., “Who agrees with your plan?”) d. Stress reflex – conformity 4. Expressive – (EX) a. Assertive; responsive; fast paced; people oriented b. Communication goal – create alliances OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 60 of 117 c. Characteristics (1) Enthusiastic (2) Dramatic (3) Inspiring (4) Stimulating (5) Personable (6) Opinionated (7) Excitable (8) Undisciplined (9) Reacting (10) Promotional (11) Asks “how” questions (e.g., “How can we work with them to achieve our goals?”) d. Stress reflex – attack Questions to Class – Do you think your preferred communication styles (as indicated in Worksheet #3) and the descriptors for those communication styles closely reflect your perceived communication style? Do you think that it is always possible to be objective in recognizing our own communication styles? What are the benefits of having an objective perception of how we communicate with others? 5. In general, officers tend to favor communication styles that are focused on facts, objectives, and consequences, which is compatible with the nature of the job, (i.e., objective, structured, and pragmatic) AZPOST (2010) a. The public wants us to behave in a compassionate, understanding, and “feeling” way b. This requires us to learn and make an extra effort to communicate in a manner that is more appealing to the communities we serve F. Nonverbal communication OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 61 of 117 1. Statistics Ferreira et al. (2013) a. Verbal communication accounts for 7 percent of information communicated b. Tone and volume account for 38 percent of information communicated c. Body language accounts for 55 percent of information communicated 2. Nonverbal communication skills to improve interpersonal communications include a. Eye contact – conveys interest, concern, warmth, and empathy b. Facial expressions (i.e., smiling) – others will perceive you as more likeable, friendly, and approachable; it is often contagious and people are more apt to react favorably c. Gestures – capture attention and help facilitate understanding (1) Positive gestures Demonstrate the gestures mentioned (a) Open hands, palms up – “I’m being honest and have nothing to hide” (b) Touching your hands to your chest – “I believe in what I’m saying” (2) Negative gestures (a) Clenched fist – “I’m upset” (b) Tapping fingers – “I’m impatient” (c) Finger wagging – non-verbal equivalent of poking someone OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 62 of 117 d. Posture and body orientation – standing erect and leaning forward indicate that you are receptive and interested in what the other person has to say e. Proximity (i.e., how close you stand to someone) – is largely based on culture, so be attuned to any signs of discomfort (e.g., rocking, tapping, gaze aversion) that might indicate you are invading the other person’s space and adjust accordingly f. Vocal elements (e.g., tone, pitch, rhythm, timbre, loudness, and inflection) – a person who uses these elements, rather than speaking in monotone fashion, is perceived as more interesting Officer safety is paramount. Stress to students that situations can change quickly, so they must always stay vigilant and be prepared to adjust their approach, if necessary g. Head movements – shaking your head back and forth indicates disbelief; nodding your head up and down indicates belief and confidence G. Cross-culture communication considerations 1. Communicating with other cultures – practical considerations a. Language differences may present a barrier to effective communication b. Limited English Proficiency (LEP) – Title VI/Civil Rights Act of 1964 USDOJ (2011) (1) Prohibits discrimination against limited English proficient individuals (2) LEP persons are unable to speak, read, write, or understand the English language at a level that permits effective communication with health and social service providers (3) Federal/State recipients of funds must comply with Title VI (4) This applies to governmental agencies, education centers, etc. Question to Class – What are some ways law enforcement can reach out to communities that predominately speak languages other than English? Answers will vary, but may include provide policing materials in other languages, have a plan for obtaining an interpreter when needed, and follow agency policy. See Department of Homeland Security Language Access Plan in Additional Resources OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 63 of 117 2. Communicating with other cultures – general considerations a. To communicate more effectively with other people, we must have a base understanding of their culture and how words and body language can be perceived through the lens of that culture b. Communication context refers to the presenting circumstances when transmitting information from one person to another Hall (1994) c. By looking at communication contexts, we are essentially observing and working with (1) The structure of the language (2) How the language is used (3) The importance and impact of the words versus the message (4) Cultural values (5) Historical perspectives (6) The dynamics between the sender and the receiver (7) Body language, posturing, gesturing, and facial expressions (8) The interpretation of the message delivery d. Communication context can be placed along a horizontal continuum from lower to higher context (1) Some cultures tend to communicate with different levels of complexity (i.e., with more importance being given to particular word choices or more emphasis being placed on particular non-verbal communication elements and priorities) (2) People of a certain ethnicity or culture, no matter how long they have been in the United States, maintain some of their original cultural up-bringing (3) However, second, third, and fourth generation families may assimilate more to their community OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 64 of 117 3. Communicating with other cultures – avoiding common communication reactions and cross-cultural communication traps a. Common reactions that people have when communicating with people from different backgrounds include (1) Defensiveness (2) The creation of we/they attitudes (3) Denial of biases (4) Over identification b. Cross-cultural communication traps (1) Assuming cultural phrasing (i.e., slang) and attempting to imitate local dialects to become, or sound like, “one of them” (2) Trying to “fit in” by emulating the lifestyle of group members can be seen as mocking them (3) Working too hard not to offend can be offensive (e.g., “Some of my best friends are …”) c. Special awareness of your language during stressful situations is important, as, during stressful events, people revert to what is familiar, including their language, which may include labeling and using derogatory terminology OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 65 of 117 Community Panel – Instructors should invite 2 – 3 leaders or representatives from an ethnic, cultural, and/or religious group that has a significant concentration in the community (e.g., Somali, Hispanic, Indian, Muslim, Amish). Each panelist should be given a minimum of 15 minutes and a maximum of 25 minutes (inclusive of time for questions and answers) to provide information on the following: • • • • • Key values of their group How these values impact their interactions with those outside of the group Any particular social norms that influence their verbal and nonverbal communication styles and how so Any particular behaviors or words that reflect respect/disrespect Other issues that may influence cooperation between that group and law enforcement The above topics should be provided to each panelist in advance of the presentation so they have time to prepare their remarks. Facilitator Instructions: Instructors should introduce the panel members, facilitate questions and answers, be conscientious of any culturally insensitive remarks made and appropriately address them and use them for discussion points, monitor time, and thank each panelist for his/her participation. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 66 of 117 L AS T L O O K AT U N I V E R S AL T R U T H S AN D S AF E T Y C O N S I D E R AT I O N S A. Truths 1. People from all cultures want to be respected Thompson & Jenkins (2013) 2. People prefer to be asked rather than be told what to do 3. People want to know why they are being asked to do something 4. People prefer to be given options rather than be threatened 5. Most people value being given a second chance Questions to Class – How do these truths relate to respect? Do these truths have to come at the expense of safety? B. Safety considerations 1. Respect is to be given without qualification 2. Truths in (A)(2)-(5) are qualified by SaFER considerations that shift priorities from talking to action a. Sa – Security of others or property; if there is a security threat, action is required b. F – Unlawful flight (e.g., flight risk of a prisoner, a child into a street, a patient under your authority at a hospital); if there is an attempted flight, action is required c. E – Excessive repetition; if we have exhausted our verbal options and there is no compliance forthcoming, action is required d. R – Revised priorities; if something unexpected of greater concern or severity occurs that requires immediate response, action is required Remind students that in high stress situations System 1 – automatic thinking is likely to engage. Students should consciously attempt to slow down (e.g., utilize breathing techniques) and shift their processing to System 2 – deliberative thinking 3. Safety must come first; however, once a scene is secured, procedural tactics with a focus on respect should be used OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 67 of 117 Class Exercise – Preface video by explaining that police legitimacy can still be promoted even when you have to go “hands on” with a person. Show the Spokane Washington Taser video found at: http://blutube.policeone.com/police-tasers-videos/934196457001taser-in-spokanne/ (3:28) As a class, discuss what was the demeanor of the officers (e.g., angry, annoyed, frustrated, professional, calm, in control)? How did the suspect respond to the demeanor of the officers? Answers will vary, but should include that the officers remained calm and professional and treated the man with respect while making the arrest. The suspect’s response was less combative (despite being Tased), and the result was less stress for the officers and the suspect (e.g., they were able to talk casually about the incident at the conclusion). OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 68 of 117 P R O C E D U R AL J U S T I C E I N AC T I O N A. Practical wisdom Individual Exercise – Have students read the excerpted article found in Handout #3. Handout #3 Class Discussion – As a class, discuss examples of procedural justice evidenced in the article. What types of communication skills did the officer use? What are examples of some of the words he chose to use? What were the particular risks involved in taking the approach the officer used? What were the positive outcomes of the approach used? B. Nine-step traffic stop example Thompson & Jenkins (2013) 1. Step one – greeting a. Example phrasing – “Good evening, sir/ma’am” b. Nonverbals – smile c. Result – breaks the ice 2. Step two – identification of yourself and department a. Example phrasing – “I’m Officer Smith of the Home Town Police Department” Stress that this is just an example. The response of the person with whom the officer is interacting will largely dictate the flow and outcome of that interaction b. Verbal characteristics – no hesitation, confidence in speech c. Result – command presence by offering title and authority (i.e., name of department); personalizes the encounter by providing your name 3. Step three – reason for the stop a. Example phrasing – “The reason I stopped you is that radar showed your speed to be forty-five miles per hour in a twenty miles per hour zone” b. Tips (1) Do not quiz the person to see if the person knows why he/she was stopped (2) Provide the person with the reason for the stop before asking for the person’s license OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 69 of 117 (3) Move immediately into step four 4. Step four – justification a. Example phrasing – “Is there some reason for going so fast this evening?” b. Responding to the answer (1) If a legitimate reason is given (e.g., medical emergency), call for medical assistance or provide an escort (2) If no answer is given, move immediately into step five 5. Step five – request license, papers, and cooperation a. Example phrasing – “May I see your driver’s license?” b. Result – steps one through five reduce the opportunity for the person to challenge you 6. Steps six through eight – clarification, decision, search and seizure a. Example phrasing for clarification – “Is this your current address?” b. Decision options – e.g., warn and let go, cite, or search and seize when contraband is visible, car is stolen, driver or passenger is wanted, or there is physical resistance 7. Step nine – close a. Example phrasing (if gave a ticket) – “Thank you for your cooperation. Drive safely” b. Example phrasing (if gave a warning) – “Thank you for your cooperation. Drive safely and have a nice day” OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 70 of 117 Demonstration: Ask for a student to act as the stopped driver. Instructor should present the following dialogue, but can feel free to ad-lib it for a more natural delivery: Act out the dialogue straight through so that students can get a feel for the flow of the interaction “Good morning, sir/ma’am. I’m Officer Smith of the Home Town Police Department. The reason I stopped you is that radar showed your speed to be forty-five miles per hour in a twenty miles per hour zone. Is there some reason for you going so fast this evening?” (Pause – wait for student response.) “Alright …” (Ad lib appropriate response to student’s remark.) “May I see your driver’s license?” (Pause.) “Is this your current address?” (Pause – wait for student response.) “Based on your speed, I am going to give you a citation. I do appreciate your cooperation, though. Drive safely.” Individual Exercise: Worksheets #4 – #7 Distribute Worksheets #4 – #7 to every student. Play the Procedural Justice videos listed on the worksheets (and found in Additional Resources). For each video, students should evaluate the officer’s interactions and identify where procedural tactics were and were not used. Worksheets #4A – #7A After each video, as a class, discuss the evaluations. The instructor can use Worksheets #4A - #7A to facilitate the discussions. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 71 of 117 CONCLUSION A. Summarize material B. Practice 1. Distribute practice exercise to students 2. Have students complete exercise 3. Review exercise with students 4. Be available for questions, if necessary C. Test/SPOs (if applicable) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 72 of 117 H AN D O U T # 1 – C U L T U R AL C O M P E T E N C E C O N T I N U U M OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 73 of 117 H AN D O U T # 1 – C U L T U R AL C O M P E T E N C E C O N T I N U U M ( c o n t . ) Cultural destructiveness is at the far negative end of the spectrum while cultural proficiency represents the positive end of the continuum. 1. Cultural Destructiveness: “It refers to the blatant attempts to destroy the culture of a given group. There is also an assumption that one group is superior to another.” It acknowledges only one way of being and purposefully denies or outlaws any other cultural approaches. 2. Cultural Incapacity: “An individual or organization lacks the capacity to be responsive to different groups, but this is not intentional. Ignorance and unfounded fear is often the underpinning of the problem.” Incapacity might consist of the failure to recognize when mistreatment is due to cultural differences thereby perpetuating its occurrence. 3. Cultural Blindness: “People who are culturally blind are ignorant of cultural differences and often perceive themselves as “unbiased.” This is due to the fact that they believe that “culture makes no difference” in relation to the way the group acts or reacts.” Cultural blindness fosters the assumption that people are all basically alike, so what works with members of one culture should work with members of all other cultures. 4. Cultural Pre-competence: “This implies the movement towards cultural sensitivity. In this phase, individuals actively pursue knowledge about differences and attempt to integrate this information into delivery of services. There is a recognition that cultural differences exist but those differences are acknowledged as “differences” and nothing more. Cultural pre-competence encourages learning and understanding of new ideas and solutions to improve performance or services. 5. Cultural Competence: “In this phase, the organization or individual has the capacity to function in an effective manner within the context of the targeted group. Acceptance and respect of differences, continual self-assessment, attention to dynamics of differences, and continual expansion of knowledge about the target group are important factors of competency.” Cultural competency involves actively seeking advice and consultation and a commitment to incorporating new knowledge and experiences into a wider range of practice. 6. Cultural Proficiency: Cultural proficiency is at the positive end of the continuum. It is where health and human service providers should strive to be. It involves pro-actively regarding cultural differences and promotes improved cultural relations among diverse groups. “Individuals in this category hold culture in very high esteem and they are regarded as specialists in developing culturally sensitive practices.” OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 74 of 117 H AN D O U T # 1 – C U L T U R AL C O M P E T E N C E C O N T I N U U M ( c o n t . ) Cultural Destructiveness (Is intentionally destructive) -practices cultural genocide (e.g. Boarding schools for Native Americans) -dehumanizes or sub humanizing clients of color -denies clients access to their natural helpers or healers -removes children from their families on the basis of race -risks client's well-being in social or medical experiments without their knowledge or consent Cultural Incapacity (is not intentionally destructive but lacks capacity to help people of color) -takes paternal posture toward "lesser" races -disproportionately applies resources -discriminates based on whether clients "know their place" and believes in the supremacy of dominant culture helpers -may support segregation as a desirable policy -enforces racist policies and maintains stereotypes --promotes ignorance and unrealistic fears of people of color -maintains discriminatory hiring practices -gives subtle "not welcome" messages -has lower expectations of minority clients Cultural Blindness (expresses a philosophy of being unbiased) Cultural PreCompetence Basic Cultural Competence Advanced Cultural Competence -believes that color or culture make no difference; we're all the same -believes helping approaches used by dominant culture are universally acceptable and universally applicable -realizes its weaknesses in serving minorities and attempts to make specific improvements -tries experiments; hires minority staff, explores how to reach clients, trains staff on cultural sensitivity, recruits minorities for their boards and advisory committees -has commitment to civil rights -has acceptance and respect for differences -holds culture in high esteem -engages in continuing self-assessment regarding culture -adds to knowledge base by doing research, developing new approaches based on culture, publishing results of demonstration projects -makes adaptations to service models in order to meet client needs -hires staff who are specialists in culturally competent practice -may feel a false sense of accomplishment that prevents further movement -may engage in tokenism -works to hire unbiased workers -advocates for cultural competence and improved relations between cultures -thinks all people should be served with equal effectiveness -ignores cultural strengths, encourages assimilation, and blames clients for their problems -follows cultural deprivation model (problems are the result of inadequate cultural resources) -practices institutionalized racism -sets ethnocentric eligibility for services -seeks advice and consultation from minority community Source: Moering & Hoye (2004) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Community Diversity & Procedural Justice, 1-4 Effective Date: 2016/07/01 Page 75 of 117 H AN D O U T # 2 – C O M M U N I T Y B AN K AC C O U N T Florida cop’s curbside breakfast with homeless man goes viral: 'He was gracious enough to eat with me' By Meg Wagner NEW YORK DAILY NEWS Monday, July 27, 2015, 1:15 PM TIANNA S. GREENE/OCALA POLICE DEPARTMENT Ocala Sgt. Erica Hay bought breakfast for a homeless man and then sat down to eat alongside him. A Florida cop’s impromptu breakfast date with a homeless man has gone viral. Ocala Sgt. Erica Hays bought a Dunkin Donuts sandwich and a cup of coffee for a hungry homeless man — and then plopped down next to him on the curb to eat alongside him. Photos of the touching meal, snapped by a driver stopped at a red light, have been shared thousands of times on Facebook. Hay, a 20-year police veteran, said she had just finished a morning meeting at police headquarters and ran to Dunkin Donuts for breakfast. On her way, she saw the man sitting on a curb next to a gas station. The policewoman decided to grab an extra sandwich and coffee at the chain in case the man was still there on her walk back. He was. “I didn’t have anyone else to eat breakfast with that morning either,” she said on “Fox & Friends” Monday. “He was gracious enough to eat with me as well.” OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 76 of 117 H AN D O U T # 2 – C O M M U N I T Y B AN K AC C O U N T ( c o n t . ) Hay said she knows most of the homeless people in Ocala, a central Florida city of 50,000 people about 30 miles south of Gainesville. However, this man was a stranger. “He was hungry, and he appreciated it, and he’s a good person,” she said. OCALA POLICE DEPARTMENT Sgt. Erica Hay said she didn't know the man before she bought him breakfast. While Hay and the man chowed down, a driver spotted the act of kindness. TiAnna Greene started taking photos of the touching moment and posted them to her Facebook. “I don't know this officer, but, I admire her today and everyday (sic),” she wrote. “Although I was only blessed to witness less than 2 minutes of her kindness that definitely came from the heart, it truly made my morning!” She continued: “Absolutely wonderful act of kindness that seemed to come naturally for her.” Source: Wagner (2015) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 77 of 117 H AN D O U T # 3 – P R AC T I C AL W I S D O M Article excerpt: Educating the 21st Century Cop Developing Blue Courage and Practical Wisdom By Michael J. Nila, Commander (Retired), Aurora, Illinois, Police Department; Barry Schwartz, Professor, Social Theory and Social Action, Swarthmore College, Swarthmore, Pennsylvania; and Kenneth Sharpe, Professor, Political Science, Swarthmore College, Swarthmore, Pennsylvania ergeant Chip Huth’s special weapons and tactics (SWAT) team had just successfully arrested an armed felon in a Kansas City, Missouri, drug house. The suspect was brought to the porch of the house as Sergeant Huth’s team searched the premises and a middle-aged woman approached, screaming profanities. A crowd began to gather. “She began screaming a stream of profanities at me,” said Huth, “questioning my right to be on her property 1 and to have her son in handcuffs.” The more she became irrational, the closer her neighbors began move to the police. She was, Huth sensed, rapidly gaining the support of the crowd. Huth could have taken enforcement action and arrested the suspect’s mother for various violations. He instead chose to walk out, meet her, to listen to her—really listen, “with the intent to understand the true nature of her message.” When she finished her tongue-lashing, he responded: Let me see if I understand you. You work two jobs to make ends meet . . . you have to ride the bus to and from your jobs, which puts you at the mercy of the bus schedule . . . [and] you have to stand outside and wait for long periods of time, regardless of the weather. You worked hard today. You came home with the thought you would get off your feet and relax, but instead you find the police at your house and your son under arrest for selling drugs, and it upsets you very much. 2 “Yes,” she said, lowering her voice “Yes, that does upset me.”3 The conversation took a civil turn. Huth asked her some clarifying questions and explained the police’s actions. He could see the anger drain from her face. The crowd began to calm and thin. He then explained to her why the team was searching her home, showed her the warrant, and got her a jacket from inside so she could stay warm. A fellow officer later questioned whether Huth’s response showed weakness and might have exposed him and his team to safety concerns. Wouldn’t arresting the mother for disorderly conduct have sent a clear message to the neighborhood that no one can disrespect the police? It is the authors’ opinion that Sergeant Huth used wise discretion in not taking enforcement action, but many might argue that his actions and his demeanor were not the normal response in that circumstance. Why did he do what he did? Because Huth believes that showing respect for all people is a way to build the kind of trust and partnership with the community that is essential for effective policing. But there is more. In this particular case, Huth’s good judgment enabled him to see that enforcing a law could have compromised his team and his mission. This good judgment—or practical wisdom—demanded certain moral skills such as the ability to truly listen, to empathize, to quickly perceive the particulars of that situation, and to imagine the consequences of alternative scenarios. This woman would not have gone peacefully, Huth noted, and compelling her compliance would have riled the crowd and necessitated several more arrests—and none of them would have gone quietly. His SWAT team would have been taken off the street for a couple of hours, filling out misdemeanor charges, which would have been tied up in municipal court for months. Word of the melee would have spread quickly, cultivating or reinforcing a neighborhood attitude of distrust toward the police. “The original purpose of . . . being in the neighborhood—to make it safer and drug free—[would have been] lost in the shuffle.” The community complaints would have led to fruitless and counterproductive internal affairs investigations. Since no one on the SWAT team would have done anything technically wrong, the team would have been cleared, creating more community outrage and distrust toward the police. And “the gun-packing, drug-peddling felon” would have become “an instant folk hero in 4 the neighborhood because he ‘stood against the rough-shod police.’” OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 78 of 117 H AN D O U T # 3 – P R AC T I C AL W I S D O M ( c o n t . ) If the sergeant had chosen a different method to deal with citizens who interject themselves into tense circumstances and question police authority to do their jobs, this situation could have had a much different ending. For this SWAT sergeant to have acted the way he did required both courage—what we call blue courage—and practical wisdom. To police effectively, police officers require both. Discretion is built into the very essence of police work, and exercising it well always demands good character that is built upon a foundation of the virtues of courage and practical wisdom. Notes: 1 Jack L. Colwell and Charles “Chip” Huth, Unleashing the Power of Unconditional Respect: Transforming Law Enforcement and Police Training (Boca Raton, Fla.: CRC Press, 2010), 26–28. 2 Ibid. 3 Ibid. 4 Ibid. Source: Nila, Schwartz, & Sharpe (2012) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 79 of 117 WORKSHEET #1 – PROFILING (SPO #8) Scenario #1 An officer is parked at a stop sign in proximity to a high school in a white collar neighborhood. Two separate “Acura” type cars with White teens roll through the stop sign. The officer does not stop either vehicle. Two Hispanic teens in a “Toyota Corolla” – or similar vehicle, roll through the stop sign. The officer makes a stop on that vehicle. Scenario #2 Two Vietnamese teen boys wearing gang colors are walking in front of a liquor store in a highcrime, low economical area where several reports of robberies by Vietnamese gang members have taken place. There are a couple of citizens in the background walking or talking. An officer pulls up to the curb and gets out of the unit. He calls to the boys, “Hey, you two! Come over here, we need to talk!” Scenario #3 A Black middle-age male in a hoodie is riding a bicycle and carrying a package under his arm. This is in an upper, middle-class, predominantly White neighborhood. A White officer driving by pulls up alongside the man and says, “I need you to pull over, now! Hold up right there!” The man stops and the officer parks and approaches him. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 80 of 117 WORKSHEET #1A – PROFILING (SPO #8) – INSTRUCTOR KEY Scenario #1 An officer is parked at a stop sign in proximity to a high school in a white collar neighborhood. Two separate “Acura” type cars with White teens roll through the stop sign. The officer does not stop either vehicle. Two Hispanic teens in a “Toyota Corolla” – or similar vehicle, roll through the stop sign. The officer makes a stop on that vehicle. Bias-based profiling (i.e., illegal profiling or racial profiling) Scenario #2 Two Vietnamese teen boys wearing gang colors are walking in front of a liquor store in a highcrime, low economical area where several reports of robberies by Vietnamese gang members have taken place. There are a couple of citizens in the background walking or talking. An officer pulls up to the curb and gets out of the unit. He calls to the boys, “Hey, you two! Come over here, we need to talk!” Criminal profiling Scenario #3 A Black middle-age male in sweats is riding a bicycle and carrying a package under his arm. This is in an upper, middle-class, predominantly White neighborhood. A White officer driving by pulls up alongside the man and says, “I need you to pull over, now! Hold up right there!” The man stops and the officer parks and approaches him. Bias-based profiling (i.e., illegal profiling or racial profiling) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 81 of 117 WORKSHEET #2 INSTRUCTOR GUIDE The value of each student taking an Implicit Association Test (IAT) is the self-realization that each of us has biases of which we may not be aware. However, some students may be uncomfortable with the results of the tests, which make prefacing the test and debriefing after the test critical. General Remarks: As part of the prefacing and debriefing of the test, it is important to share the following general remarks: Everyone has implicit biases. The purpose of taking an Implicit Association Test is to develop awareness of implicit preferences and stereotypes; it is not to make significant decisions or judgments about one’s self or others. Questions and Answers: To assist you with addressing common questions you may receive from students, key questions and answers about the test and found on the Project Implicit website are listed below. (For a complete list of frequently asked questions and answers, go to https://implicit.harvard.edu/implicit/faqs.html.) How does the IAT measure implicit attitudes and stereotypes? The IAT measures the strength of associations between concepts (e.g., black people, gay people) and evaluations (e.g., good, bad) or stereotypes (e.g., athletic, clumsy). The main idea is that making a response is easier when closely related items share the same response key. We would say that one has an implicit preference for straight people relative to gay people if they are faster to categorize words when Gay People and Bad share a response relative to when Gay People and Good share a response key. See link for more detail. What does it mean that my IAT score is labeled 'slight', 'moderate', or 'strong'? If you respond faster when flower pictures and pleasant words are paired on a single key than when insect pictures and pleasant words are paired on a single key, we would say that you have an implicit preference for flowers relative to insects. The labels slight, moderate and strong reflect the strength of the implicit preference – how much faster do you respond to flowers + pleasant versus insects + pleasant. What does it mean that my feedback says there were too many errors to determine a result? The IAT requires a certain number of correct responses in order to get results. If you made too many errors while completing the test you will get the feedback that there were too many errors to determine a result. This is different from the result saying that you show little or no association between concepts. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 82 of 117 WORKSHEET #2 INSTRUCTOR GUIDE (cont.) What does it mean if I take the test more than once and get different results? Although the IAT is a well-validated measure of implicit attitudes, no test is perfectly accurate and some variation is to be expected. We encourage you to take the test more than once. If you get similar feedback more than once, you can be more certain about the accuracy of your results. If you get somewhat dissimilar feedback two times you can simply average the results. It is unusual for someone to get very different feedback but, if you do, you can think of your test results as being inconclusive. Could the result be a function of handedness or hand-eye coordination? There is no evidence that handedness influences IAT scores. When thinking about the influence of hand-eye coordination or cognitive ability, keep in mind how the test works. In a gay-straight IAT we measure how long it takes people to categorize items when gay + good share a response key versus when gay + bad share a response key. People who have better hand-eye coordination or higher cognitive ability might be generally faster to respond, but there is no reason to think that they would be faster in one category pairing versus the other. For this reason we do not think that hand-eye coordination will influence IAT scores. Might my preference for one group over the other be due to differences in familiarity with the groups? Research shows that IAT scores are not influenced by familiarity with the individual items to be categorized. Also, faces used in the IATs here should all be equally unfamiliar to everyone. That said, this is a tough question. Classic research in psychology shows that people tend to like things that they are familiar with. So, there may be a role for familiarity in liking of the categories. But also people avoid things that they don’t like, so it is possible that implicit bias is what leads to unfamiliarity. Might my preference for one group over another be a simple ingroup preference? A simple preference for the ingroup might partially explain implicit bias for white respondents. However, it is also more than that. There are plenty of tests on which people prefer one group or the other even when they do not belong to either group. For example, Asian participants tend to show an implicit preference for White people relative to Black people. In this sense the IAT might also reflect what is learned from a culture that does not regard Black people as highly as White people. It is also interesting to note that about half of Black participants show an implicit preference for White people relative to Black people… this would certainly not reflect an ingroup bias. If my IAT shows that I have an implicit preference for one group over another, does that mean I am prejudiced? Social psychologists use the word prejudice to describe people who report and approve negative attitudes toward outgroups. Most people who show an implicit preference for one group (e.g., White people) over another (e.g., Black people) are not prejudiced by this definition. The IAT shows biases that are not endorsed and that may even be contradictory to what one consciously believes. So, no, we would not say that such people are prejudiced. It is important to know, however, that implicit biases can predict behavior. When we relax our active efforts to be egalitarian, our implicit biases can lead to discriminatory behavior, so it is critical to be mindful of this possibility if we want to avoid prejudice and discrimination. Source: Project Implicit (n.d.). OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 83 of 117 W O R K S H E E T # 2 – I M P L I C I T AS S O C I AT I O N T E S T * Background: Implicit attitudes are positive and negative assessments that we make outside of our consciousness and control. The Implicit Association Test (IAT) is designed to reveal the strength of automatic associations you have between concepts (e.g., race, sexuality) and evaluations (e.g., good, bad) and stereotypes (e.g., clumsy, athletic). There is no evidence that handedness or hand-eye coordination impact the results, or that familiarity with the groups influences the outcomes. These tests can help you develop an awareness of your own and other people’s automatic preferences and stereotypes, but they should not be used to make significant decisions about yourself or others, which could lead to undesired and unjustified consequences. Directions: Go to https://implicit.harvard.edu/implicit/takeatest.html. After reading the Preliminary Information, click on “I wish to proceed.” Select one of the following tests to take: Sexuality IAT Arab-Muslim IAT Skin-tone IAT Religion IAT Race IAT Weapons IAT After completing the test, answer the following questions: 1. Which test did you take? _____________________________________________________ 2. What were the results of the test? ______________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 84 of 117 W O R K S H E E T # 2 – I M P L I C I T AS S O C I AT I O N T E S T * ( c o n t . ) 3. Were the results consistent with what you already knew, or did they reveal an implicit association of which you weren’t aware? ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. How do you think that any implicit association you may have might impact your ability to police fairly and impartially? ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ *The Implicit Association Tests are the product of Project Implicit, non-profit organization and international collaboration between researchers that was founded in 1988 by Tony Greenwald (University of Washington), Mahzarin Banaji (Harvard University), and Brian Nosek (University of Virginia). Information about the tests, as well as the tests, can be found at https://implicit.harvard.edu/implicit/education.html. Project Implicit (n.d.) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 85 of 117 W O R K S H E E T # 2 A – I M P L I C I T AS S O C I AT I O N T E S T * – I N S T R U C T O R KEY Background: Implicit attitudes are positive and negative assessments that we make outside of our consciousness and control. The Implicit Association Test (IAT) is designed to reveal the strength of automatic associations you have between concepts (e.g., race, sexuality) and evaluations (e.g., good, bad) and stereotypes (e.g., clumsy, athletic). There is no evidence that handedness or hand-eye coordination impact the results, or that familiarity with the groups influences the outcomes. These tests can help you to develop an awareness of your own and other people’s automatic preferences and stereotypes, but they should not be used to make significant decisions about yourself or others, which could lead to undesired and unjustified consequences. Directions: Go to https://implicit.harvard.edu/implicit/takeatest.html. After reading the Preliminary Information, click on “I wish to proceed.” Select one of the following tests to take: Sexuality IAT Arab-Muslim IAT Skin-tone IAT Religion IAT Race IAT Weapons IAT After completing the test, answer the following questions: 1. Which test did you take? Answers will vary. 2. What were the results of the test? Answers will vary. 3. Were the results consistent with what you already knew, or did they reveal an implicit association of which you weren’t aware? Answers will vary. 4. How do you think that any implicit association you may have might impact your ability to police fairly and impartially? Answers will vary, but may include: Decision making that consciously or unconsciously results in discriminatory behavior. *The Implicit Association Tests are the product of Project Implicit, non-profit organization and international collaboration between researchers that was founded in 1988 by Tony Greenwald (University of Washington), Mahzarin Banaji (Harvard University), and Brian Nosek (University of Virginia). Information about the tests, as well as the tests, can be found at https://implicit.harvard.edu/implicit/education.html. Project Implicit (n.d.) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 86 of 117 W O R K S H E E T # 3 – C O M M U N I C AT I O N S T Y L E S Which Communication Style Are You? Directions: Place a check mark in the white box if you feel the statement describes you. When completed, total the check marks in each column. DR AM AN EX 1 I am an aggressive person. 2 I change my mind often. I zigzag through life rather than plodding down one monotonous path. 3 I don’t worry about the past or the future. I live for today. 4 I am not very spontaneous or emotional. I believe the head should guide the heart. 5 I have been called impractical. 6 I don’t like people who live for today without regard to the future. I look ahead and prepare for the rainy days. 7 My workspace looks very orderly and fairly stark. 8 I rather like to be different: to dress differently from other people, to go to strange and exciting places, to do the unusual. I do not mind having people do sloppy work over as many times as necessary until they do it right. 9 10 I sometimes go to extremes. My “highs” are very high, and my “lows” are very low. 11 I am very sociable. 12 I believe that the best technique for achieving results is through thorough, objective analysis. 13 I like being in charge. 14 I think that I would succeed as an accountant. 15 I am sensitive to the feelings of others. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 87 of 117 W O R K S H E E T # 3 – C O M M U N I C AT I O N S T Y L E S ( c o n t . ) DR AM AN EX 16 I believe that the best technique for achieving results is through freedom and individual motivations. 17 I value relationships. Getting along well with others is very important to me. 18 My workspace looks somewhat messy but it does have a “homey” charm. 19 It is important to me to feel that I “belong.” I want very much to be accepted by the people with whom I work, my friends, my family. I like to compete. 20 21 I believe the majority is right. I usually go along with the group. Whatever they do usually suits me. 22 I am a dynamic, high-driven person. 23 When people begin to get upset, I try to calm them down. I don’t like for people to be upset with each other. 24 I have a vivid imagination. I can see all sorts of possibilities that others can’t see. 25 I love to be complimented and recognized. 26 I am neat. I am bothered by messy people. 27 I play hard to win and I hate losing. 28 I enjoy meeting new people. 29 I am very practical. I believe in and value “what works.” 30 My workspace is showcase for awards, plaques, posters. 31 Sometimes I overlook details in implementing my big ideas, and sometimes my ideas seem ahead of their time. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 88 of 117 W O R K S H E E T # 3 – C O M M U N I C AT I O N S T Y L E S ( c o n t . ) DR AM AN EX 32 33 Sometimes people say I am a perfectionist. I guess I am because I believe that anything worth doing is worth doing well. I like to learn by experience, by actually doing it rather than reading books about it. 34 I think that I could be a social worker. 35 I like people like Vince Lombardi, Clint Eastwood, and Oprah Winfrey. 36 I think through and try to do everything on a logical basis. 37 I have a “take charge” attitude. 38 I feel that I have a great destiny. I know I am going to amount to something. 39 I am very goal or task oriented. I like to have specific goals or tasks to accomplish. 40 My favorite colors include black, white, and silver. 41 Sometimes people say I am visionary, that I am a dreamer, and maybe I am. 42 I believe in myself, particularly my physical strength and ability. 43 I believe in doing things because of principles – hard work, efficiency, morality, justice. I believe the world would be a much better place if everyone would live by the great principles of religion and justice. My favorite color is red. 44 45 I am very orderly. I believe “there is a place for everything, and everything belongs in its place.” 46 I am very excitable. 47 My workspace is precisely organized and displays diplomas and other signs of achievement. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 89 of 117 W O R K S H E E T # 3 – C O M M U N I C AT I O N S T Y L E S ( c o n t . ) DR AM AN EX 48 I believe that the best technique for achieving results is through deadlines and managed schedules. 49 My life is well organized. There is an appropriate time and place for everything, which is important. 50 I like to deal with people and be dealt with in a very direct manner. I “tell it like it is,” and I expect others to do the same. 51 I love to go to parties. 52 I am very creative. 53 I have many friends. 54 I admire people like judges and religious leaders who put principle above everything else. 55 Sometimes I am extravagant. 56 I believe in rules – in the home, at work, and in society. I am for law and order. 57 I like to read about great explorers and inventors. People who accomplished great feats against seemingly insurmountable odds. I like people like Tina Fey, Ellen DeGeneres, and Jay Leno – friendly, nice people, who laugh a lot. 58 59 I think that I would enjoy being a creative designer. 60 My favorite colors are earth tone. 61 My favorite colors are vibrant/mixed combinations. 62 I am punctual. I get my work done on time. I am never late for appointments. I expect others to do the same. 63 In my work and social life, I try to be very cooperative. I like to get along. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 90 of 117 W O R K S H E E T # 3 – C O M M U N I C AT I O N S T Y L E S ( c o n t . ) DR AM AN EX 64 I hate weakness in myself or others. 65 I believe that the best technique for achieving results is through nonthreatening encouragement. 66 Things to me are right or wrong, “black or white,” never gray. 67 I never spend time thinking of the past. I think very little about the present. My thoughts are on the future – the great things that are going to happen to me! TOTALS DR AM AN EX OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 91 of 117 W O R K S H E E T # 4 – P R O C E D U R AL J U S T I C E E V AL U A T I O N Purpose: The purpose of this exercise is to objectively observe and evaluate officer interactions. Directions: Watch “Florida K-9 Officer – Officer McCloud” video found at https://www.youtube.com/watch?v=NPBJubtl3p4 (1:02). As you watch the video, identify the procedural justice tactics that the officer does/does not use. Verbal actions Greeting Address the person appropriately (e.g., by their name, sir, ma’am) Identify self State reason for the interaction Sensitive to cultural differences Avoid inflammatory words or phrases (e.g., no profanities, avoid the eleven phrases) Express concern and/or empathy with the words used End interaction positively (e.g., express appreciation) Nonverbal actions Eye contact Facial expressions Gestures Body posture Attention to the other person Demonstrate empathy with nonverbal communication (e.g., facial expressions, hand gestures) Speech – volume, tone, pace, hesitations Procedural Justice Elements Displayed Giving others a voice (i.e., listening) Neutrality in decision making Respectful treatment OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 92 of 117 W O R K S H E E T # 4 – P R O C E D U R AL J U S T I C E E V AL U A T I O N ( c o n t . ) Trustworthiness (i.e., sincerity, transparency) Overall Evaluation (e.g., What do you think the officer did well? What do you think the officer could have improved upon? How so? How do you think the officer’s actions would be perceived by the person with whom he/she is interacting? How do you think others observing the officer’s actions would respond?) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 93 of 117 W O R K S H E E T # 4 A – P R O C E D U R A L J U S T I C E E V AL U AT I O N – INSTRUCTOR KEY Purpose: The purpose of this exercise is to objectively observe and evaluate officer interactions. Directions: Watch “Florida K-9 Officer – Officer McCloud” video found at https://www.youtube.com/watch?v=NPBJubtl3p4 (1:02). As you watch the video, identify the procedural justice tactics that the officer does/does not use. Verbal actions Greeting Address the person appropriately (e.g., by their name, sir, ma’am) Identify self State reason for the interaction Sensitive to cultural differences Avoid inflammatory words or phrases (e.g., no profanities, avoid the eleven phrases) Express concern and/or empathy with the words used End interaction positively (e.g., express appreciation) Nonverbal actions Eye contact Facial expressions Gestures Body posture Attention to the other person Demonstrate empathy with nonverbal communication (e.g., facial expressions, hand gestures) Speech – volume, tone, pace, hesitations Procedural Justice Elements Displayed Giving others a voice (i.e., listening) Neutrality in decision making Respectful treatment NA No – he called him a “sarcastic bitch” and “wise ass little twenty year old punk” Yes NA Questionable, as he became inflamed when the man said “God bless you” No – used profanities and told the man to “Get out of my face” No No – threatened him with jail Yes, but not appropriate (i.e., stared him down) Angry – eyes squinted, jaw tense Angry – aggressive pointing Invaded the other man’s personal space, “in his face” Yes – full attention No Raised voice, fast pace, firm, and angry tone, no hesitations No – did not let the man speak No – was allowing emotions to dictate his words and actions (i.e., threatened jail when he felt he was disrespected) No – used profanities, called the man names OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 94 of 117 W O R K S H E E T # 4 A – P R O C E D U R A L J U S T I C E E V AL U AT I O N – INSTRUCTOR KEY (cont.) Trustworthiness (i.e., sincerity, transparency) No – Missing because of the failure to display the other procedural justice elements Overall Evaluation (e.g., What do you think the officer did well? What do you think the officer could have improved upon? How so? How do you think the officer’s actions would be perceived by the person with whom he/she is interacting? How do you think others observing the officer’s actions would respond?) Answers will vary, but should include the above comments. The officer’s actions would be perceived as highly unprofessional. He was physically and verbally intimidating, and improperly threatened arrest. Ask the class their suggestions for what the officer should have done when the man said “God bless you.” Answers will vary, but may include that he should have ignored it and continued to leave, thereby allowing the man to have the last word because the words neither hurt nor threatened the officer. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 95 of 117 W O R K S H E E T # 5 – P R O C E D U R AL J U S T I C E E V AL U A T I O N Purpose: The purpose of this exercise is to objectively observe and evaluate officer interactions. Directions: Watch “Police Women of Dallas – The Ugly Truth About Prostitution” video found at https://www.youtube.com/watch?v=QfaCFl2Ru4o (3:18). As you watch the video, identify the procedural justice tactics that the officer does/does not use. Verbal actions Greeting Address the person appropriately (e.g., by their name, sir, ma’am) Identify self State reason for the interaction Sensitive to cultural differences Avoid inflammatory words or phrases (e.g., no profanities, avoid the eleven phrases) Express concern and/or empathy with the words used End interaction positively (e.g., express appreciation) Nonverbal actions Eye contact Facial expressions Gestures Body posture Attention to the other person Demonstrate empathy with nonverbal communication (e.g., facial expressions, hand gestures) Speech – volume, tone, pace, hesitations Procedural Justice Elements Displayed Giving others a voice (i.e., listening) Neutrality in decision making OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 96 of 117 W O R K S H E E T # 5 – P R O C E D U R AL J U S T I C E E V AL U A T I O N ( c o n t . ) Respectful treatment Trustworthiness (i.e., sincerity, transparency) Overall Evaluation (e.g., What do you think the officer did well? What do you think the officer could have improved upon? How so? How do you think the officer’s actions would be perceived by the person with whom he/she is interacting? How do you think others observing the officer’s actions would respond?) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 97 of 117 W O R K S H E E T # 5 A – P R O C E D U R A L J U S T I C E E V AL U AT I O N – INSTRUCTOR KEY Purpose: The purpose of this exercise is to objectively observe and evaluate officer interactions. Directions: Watch “Police Women of Dallas – The Ugly Truth About Prostitution” video found at https://www.youtube.com/watch?v=QfaCFl2Ru4o (3:18). As you watch the video, identify the procedural justice tactics that the officer does/does not use. Verbal actions Greeting Address the person appropriately (e.g., by their name, sir, ma’am) Identify self State reason for the interaction Sensitive to cultural differences Avoid inflammatory words or phrases (e.g., no profanities, avoid the eleven phrases) Express concern and/or empathy with the words used End interaction positively (e.g., express appreciation) Relaxed; “What ‘cha doin’?” Honey, Sweetie, Baby No, but the video suggests that they already knew one another Yes NA Yes Yes – asked why the woman prostitutes herself; asked about her getting out of prostitution in an encouraging/concerned manner Yes – ended with expression of concern (see above); said “You’re welcome,” to the woman’s remarks; “Go get yourself your bologna sandwich” Nonverbal actions Eye contact Facial expressions Gestures Body posture Attention to the other person Demonstrate empathy with nonverbal communication (e.g., facial expressions, hand gestures) Speech – volume, tone, pace, hesitations Procedural Justice Elements Displayed Giving others a voice (i.e., listening) Neutrality in decision making Maintained appropriate eye contact Friendly; reflected concern when appropriate Open; natural; palms open; nodding Reflected interest (i.e., leaning forward; hand on chin) Gave the woman her full attention Yes – see above comments Speech was conversational in volume, tone, and pace; no hesitations Yes – the officer asked the woman questions and allowed her to answer without interrupting her Yes – checked for warrants, but did not threaten arrest OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 98 of 117 W O R K S H E E T # 5 A – P R O C E D U R A L J U S T I C E E V AL U AT I O N – INSTRUCTOR KEY (cont.) Respectful treatment Trustworthiness (i.e., sincerity, transparency) Yes – was courteous (e.g., moved the woman into a more comfortable location, i.e., the shade); was not judgmental of woman’s profession (e.g., said “That’s not nice to say about yourself” when the woman said that no one would want her); was patient when asking the woman questions about her tickets and failure to appear Yes – she came across as sincere and friendly; her encouragement for the woman to leave prostitution reflected concern for the woman’s well-being Overall Evaluation (e.g., What do you think the officer did well? What do you think the officer could have improved upon? How so? How do you think the officer’s actions would be perceived by the person with whom he/she is interacting? How do you think others observing the officer’s actions would respond?) Answers will vary, but should include the above comments. The officer’s actions would be perceived as professional. She was fostering relations with the people in her community. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 99 of 117 W O R K S H E E T # 6 – P R O C E D U R AL J U S T I C E E V AL U A T I O N Purpose: The purpose of this exercise is to objectively observe and evaluate officer interactions. Directions: Watch “Good Cop, How a Cop Should Behave” video found at https://www.youtube.com/watch?v=otOmIMiQXQI (1:39). As you watch the video, identify the procedural justice tactics that the officer does/does not use. Verbal actions Greeting Address the person appropriately (e.g., by their name, sir, ma’am) Identify self State reason for the interaction Sensitive to cultural differences Avoid inflammatory words or phrases (e.g., no profanities, avoid the eleven phrases) Express concern and/or empathy with the words used End interaction positively (e.g., express appreciation) Nonverbal actions Eye contact Facial expressions Gestures Body posture Attention to the other person Demonstrate empathy with nonverbal communication (e.g., facial expressions, hand gestures) Speech – volume, tone, pace, hesitations Procedural Justice Elements Displayed Giving others a voice (i.e., listening) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 100 of 117 W O R K S H E E T # 6 – P R O C E D U R AL J U S T I C E E V AL U A T I O N ( c o n t . ) Neutrality in decision making Respectful treatment Trustworthiness (i.e., sincerity, transparency) Overall Evaluation (e.g., What do you think the officer did well? What do you think the officer could have improved upon? How so? How do you think the officer’s actions would be perceived by the person with whom he/she is interacting? How do you think others observing the officer’s actions would respond?) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 101 of 117 W O R K S H E E T # 6 A – P R O C E D U R A L J U S T I C E E V AL U AT I O N – INSTRUCTOR KEY Purpose: The purpose of this exercise is to objectively observe and evaluate officer interactions. Directions: Watch “Good Cop, How a Cop Should Behave” video found at https://www.youtube.com/watch?v=otOmIMiQXQI (1:39). As you watch the video, identify the procedural justice tactics that the officer does/does not use. Verbal actions Greeting Address the person appropriately (e.g., by their name, sir, ma’am) Identify self State reason for the interaction Sensitive to cultural differences Avoid inflammatory words or phrases (e.g., no profanities, avoid the eleven phrases) Express concern and/or empathy with the words used End interaction positively (e.g., express appreciation) Nonverbal actions Eye contact Facial expressions Gestures Body posture Attention to the other person Demonstrate empathy with nonverbal communication (e.g., facial expressions, hand gestures) Speech – volume, tone, pace, hesitations Procedural Justice Elements Displayed Giving others a voice (i.e., listening) Approached casually “Guys” No Yes Yes – respected their religious cause; response to “God bless you” was “You, too” Yes – some humor introduced (e.g., “We just heard something about orange jumpsuits and didn’t know if we had someone escape from the Sheriff’s department”) Yes – commented on man sitting on the grass (“You got the bad job here; you’ve got to sit in the grass. Do you take turns?”); asked questions about their travels Yes – ended with “Alright guys, good luck” and “You, too” when they said “God bless you.” Maintained appropriate eye contact Friendly; smiling; laughter Open; natural; palms open; nodding Reflected interest (i.e., leaning forward) Gave the men his full attention Yes – see above comments Speech was conversational in volume, tone, and pace; no hesitations Yes – the officer asked the men questions and allowed them to fully answer without interrupting or making inappropriate facial expressions or disparaging verbal sounds OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 102 of 117 W O R K S H E E T # 6 A – P R O C E D U R A L J U S T I C E E V AL U AT I O N – INSTRUCTOR KEY (cont.) Yes – did not threaten arrest because not warranted Yes – he was courteous; was not judgmental of their expressed beliefs (e.g., said “Nothin’ wrong with that” when the man stated he Respectful treatment was praying for people to be convicted) Yes – because the other three procedural justice elements were Trustworthiness (i.e., sincerity, displayed transparency) Overall Evaluation (e.g., What do you think the officer did well? What do you think the officer could have improved upon? How so? How do you think the officer’s actions would be perceived by the person with whom he/she is interacting? How do you think others observing the officer’s actions would respond?) Neutrality in decision making Answers will vary, but should include the above comments. The officer’s actions would be perceived as professional. He was non-reactionary to the fact he was being filmed, and was friendly, conversational, and non-judgmental. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 103 of 117 W O R K S H E E T # 7 – P R O C E D U R AL J U S T I C E E V AL U A T I O N Purpose: The purpose of this exercise is to objectively observe and evaluate officer interactions. Directions: Watch “Good Guy Cop” video found at https://www.youtube.com/watch?v=4_smAtZxpAk (4:58). As you watch the video, identify the procedural justice tactics that the officer does / does not use. Verbal actions Greeting Address the person appropriately (e.g., by their name, sir, ma’am) Identify self State reason for the interaction Sensitive to cultural differences Avoid inflammatory words or phrases (e.g., no profanities, avoid the eleven phrases) Express concern and/or empathy with the words used End interaction positively (e.g., express appreciation) Nonverbal actions Eye contact Facial expressions Gestures Body posture Attention to the other person Demonstrate empathy with nonverbal communication (e.g., facial expressions, hand gestures) Speech – volume, tone, pace, hesitations Procedural Justice Elements Displayed Giving others a voice (i.e., listening) Neutrality in decision making OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 104 of 117 W O R K S H E E T # 7 – P R O C E D U R AL J U S T I C E E V AL U A T I O N ( c o n t . ) Respectful treatment Trustworthiness (i.e., sincerity, transparency) Overall Evaluation (e.g., What do you think the officer did well? What do you think the officer could have improved upon? How so? How do you think the officer’s actions would be perceived by the person with whom he/she is interacting? How do you think others observing the officer’s actions would respond?) OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 105 of 117 W O R K S H E E T # 7 A – P R O C E D U R A L J U S T I C E E V AL U AT I O N – INSTRUCTOR KEY Purpose: The purpose of this exercise is to objectively observe and evaluate officer interactions. Directions: Watch “Good Guy Cop” video found at https://www.youtube.com/watch?v=4_smAtZxpAk (4:58). As you watch the video, identify the procedural justice tactics that the officer does / does not use. Verbal actions Greeting Address the person appropriately (e.g., by their name, sir, ma’am) Identify self State reason for the interaction Sensitive to cultural differences Avoid inflammatory words or phrases (e.g., no profanities, avoid the eleven phrases) Express concern and/or empathy with the words used End interaction positively (e.g., express appreciation) Nonverbal actions Small talk, followed by “What are you all up to today?” Yes Eye contact Facial expressions Gestures Body posture Attention to the other person Demonstrate empathy with nonverbal communication (e.g., facial expressions, hand gestures) Speech – volume, tone, pace, hesitations Procedural Justice Elements Displayed Giving others a voice (i.e., listening) Direct eye contact; did not stare them down Calm Open palms; natural Standing straight and attentive; appropriate space Yes – gave them his full attention during the interaction Nodded Neutrality in decision making Yes Yes NA Yes Acknowledged the men’s position on Second Amendment rights Yes – invited the men to learn more about guns through the police offered courses Appropriate (i.e., loud enough to be clearly heard, but not speaking in a raised voice); firm; no hesitation; normal pace Yes – let the men express their Second Amendment rights Yes – clearly articulated his reasons for the interaction; explained each action step-by-step and the basis for those actions OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 106 of 117 W O R K S H E E T # 7 A – P R O C E D U R A L J U S T I C E E V AL U AT I O N – INSTRUCTOR KEY (cont.) Yes – stated he appreciated their position on expressing their Second Amendment rights; professionally presented his position on why he Respectful treatment made the stop; did not use inflammatory words; did not challenge their use of a camera Yes – asked them if they had any comments, questions, or concerns, Trustworthiness (i.e., sincerity, and then addressed them transparency) Overall Evaluation (e.g., What do you think the officer did well? What do you think the officer could have improved upon? How so? How do you think the officer’s actions would be perceived by the person with whom he/she is interacting? How do you think others observing the officer’s actions would respond?) Answers will vary, but should include the above comments. The officer’s actions would be perceived as professional. He maintained control of the situation at all times without being aggressive or resorting to physical, verbal, or legal intimidation. OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 107 of 117 P R AC T I C E E X E R C I S E 1. Distinguish the concepts of lawful actions and police legitimacy. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 2. Identify three resulting judgments of police legitimacy in action that translate into positive results. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 108 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 3. Determine when it is permissible for citizens to film police. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 4. Identify the relationship between race, genetics, and physical characteristics. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 109 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 5. Identify the connection between in-groups, out-groups, and police legitimacy. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 6. Differentiate the types of racism. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 110 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 7. Identify the components of bias. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 111 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 8. Differentiate bias-based profiling and criminal profiling. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 112 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 9. Explain explicit biases and implicit biases. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 113 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 10. Differentiate the two modes of thinking (i.e., Systems 1 and 2). _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 114 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 11. Identify strategies to counter implicit biases. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 115 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 12. Identify the two-pronged approach to procedural justice. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 13. Recognize the community bank account concept as it relates to procedural justice. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 116 of 117 P R AC T I C E E X E R C I S E ( c o n t . ) 14. Apply the four core principles/pillars of procedural justice. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ OHIO PEACE OFFICER TRAINING COMMISSION PEACE OFFICER BASIC TRAINING CURRICULUM Procedural Justice & Police Legitimacy, 1-4 Effective Date: 2016/07/01 Page 117 of 117 OPOTC BASIC TRAINING LESSON PLAN MODIFICATION FORM PLEASE USE THIS FORM TO INDICATE ANY PROPOSED CHANGES OR ERRORS WHICH REQUIRE MODIFICATION TO THE LESSON PLAN FOR THE COMMISSION-APPROVED PROGRAM IN WHICH YOU ARE TEACHING. PROGRAM/CURRICULUM NAME: UNIT NUMBER: TOPIC NUMBER: LESSON PLAN EFFECTIVE DATE: PAGE NUMBER TO BE MODIFIED: COPY OF MODIFIED PAGE ATTACHED: (CHECK ONE) YES NO REASON(S) FOR MODIFICATION: CONTENT ISSUE: GRAMMATICAL ERROR: LAW CHANGE: TYPOGRAPHICAL ERROR: OTHER (PLEASE SPECIFY): RATIONALE FOR MODIFICATION (ATTACH DOCUMENTATION IF NEEDED): ______________________________________________________ Commander or Instructor Name ______________________________ Date Contact Phone Number: ____________________________________________________________________ Email Address: ____________________________________________________________________________ Ohio Peace Officer Training Commission P.O. Box 309 Education & Policy Section London, Ohio 43140 PHONE: 800.346.7682 FAX: 866.393.1275 OPOTCEducationandPolicy@OhioAttorneyGeneral.gov