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0091-4169/04/9501-0001
THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol.
95, No. I
Copyright © 2004 by Northwestern Utliversity, School of Law
Primed in U.S.A.
CRIMINAL LAW
COMMUNITY POLICING AND YOUTH AS
ASSETS
JAMES FORMAN, JR.
INTRODUCTION
Over a decade afiter it was first introduced, community policing
remains the most important innovation in American policing
today. Called
"the most significant era in police organizational change since
the
introduction ofthe telephone, automobile, and two way radio,"'
community
policing has been supported by the past three Presidents,
Congress, every
major police organization, and much ofthe public? A broad
cross-section
Associate Professor of Law, Georgetown University Law
Center. I presented an earlier
version of this paper to the law faculties at Columbia
University, Fordham University,
Georgetown University, New York University, University of
Michigan, and Yale University,
and am grateful for the comments I received. 1 would like to
thank Akhil Amar, Michael
Barr, David Cole, Arthur Evenchik, Jeff Fagan, Owen Fiss, Sam
Gross, Don Herzog, Dan
Kahan, Jerry Kang, Randy Kennedy, Steve Mastrofski, Jim
Ryan, Mike Seidman, Reva
Siegel, Gerry Spann, Bill Stuntz, Susan Sturm, and Adrien Wing
for helpful comments, and
Edeanna Johnson-Chebbi for help with the manuscript. Margaret
Rodgers, Tamaria Kai
Perry, Nicole Devero, Kristen Johnson, and Om Kakani
provided first-rate research
assistance.
' Edward R. Maguire & William Wells, Community Policing as
Communication Reform,
in LAW ENFORCEMENT, COMMUNICATION AND
COMMUNITY 33,33 (Howard Giles ed., 2002).
^ Edward R. Maguire & Charles M. Katz, Community Policing,
Loose Coupling, and
Sensemaking in American Police Agencies, 19 JuST. Q. 503,
504 (2002); see also Wesley G.
Skogan, Preface to COMMUNITY POLICING: CAN IT
WORK?, at xii (Wesley Skogan ed., 2004)
(community policing "is so widely known and popular with the
public and city councils that
it is hard to fmd a police chief that does not claim that his or
her department is on board
because they have adopted this or that community-friendly
program");WESLEY G. SKOGAN
ET AL., O N THE BEAT: POLICE AND COMMUNITY
PROBLEM SOLVING 21 (1999) (reporting that
by 1997, fifty-four percent of police departments had adopted
some type of community
1
2 JAMES FORMAN, JR. [Vol.95
of the legal academy also endorses community policing. Those
who seek
new ways for inner-city communities to mobilize against
disorder and
crime support it,̂ as do others whose principal concem is
reducing police
abuse of minorities.'*
In this Article, I will argue both that there is much to be said
for
community policing and that it has not reached its potential.
The flaw, I
suggest, is that a critical group—youth and young adults—has
largely been
left out of the new policing model. Community policing rejects
the
discredited "warrior" approach to policing, in which inner-city
communities
were viewed as implacably hostile to the policing enterprise.
Yet I will
show how this warrior model persists for the young, who are
still viewed as
targets of policing rather than as assets to it.
The bad news is that leaving young people out of this new
model of
policing has tremendous implications. Public safety tums, to a
great extent,
on what the young do and what is done to them. This is the
group most
likely to engage in criminal conduct, to be victims of crime, and
to be
targeted by police. By treating the young exclusively as threats
to public
order, the state creates and reinforces attitudes of hostility and
opposition.
This has negative consequences for public safety, because
oppositional
attitudes can increase law-breaking and make it less likely that
citizens will
provide information to law enforcement. Further, as the central
representative of the state in inner-city communities, what the
police do
(and what they teach by what they do) has implications beyond
policing.
The alienation generated by the warrior model creates costs that
are bome
not just by youth themselves, but by their neighbors and the rest
of society.
The good news is that the warrior model of policing the inner-
city
young is built on premises that are faulty, and therefore can be
corrected.
Despite the powerful image of urban youth as threats, most
delinquent and
policing and another twenty-eight percent were in the process of
doing so).
' See Dan M. Kahan, Reciprocity, Collective Action, and
Community Policing, 90 CAL.
L. REV. 1513, 1527-30 (2002); Tracey L. Meares, Praying for
Community Policing, 90 CAL.
L. REV. 1593(2002).
'' See DAVID COLE, N O EQUAL JUSTICE 192-94 (1999);
CHARLES OGLETREE ET AL..
BEYOND THE RODNEY KrNG STORY: AN INVESTIGATION
OF POLICE CONDUCT IN MINORITY
COMMUNITIES 127-30 (1995); Anthony C. Thompson,
Stopping the Usual Suspects: Race
and the Fourth Amendment, 74 N.Y.U. L. REV. 956, 1010
(1999) (advocating "a race-
conscious community policing model"); see also PETER
ELIKANN, SUPERPREDATORS: THE
DEMONIZATION OF OUR CHILDREN BY THE LAW 193-97
(1999) (arguing that community
policing is a preferable altemative to incarceration-oriented
approaches for adolescent
offenders); THE L.A. COUNTY SHERIFF'S DEP'T, A REPORT
BY SPECIAL COUNSEL JAMES G .
KOLTS 285 (July 1992) ("[W]e view the immediate.
Department-wide implementation of
community policing as our single most important
recommendation for reduction of excessive
force claims.").
2004] COMMUNITY POLICING 3
criminal conduct is concentrated among a small percentage of
young
people. The rest—the majority—are law-abiders. Moreover,
they are the
principal victims of the law-breaking minority. They therefore
have a
profound stake in keeping their neighborhoods (and themselves)
safe.
Coupled with their interest in reducing police abuse and
harassment, this
gives the young powerful incentive to participate in the
community policing
enterprise.
Moreover, just as the warrior model alienates young people
from the
police and society, community policing offers to do the
opposite. A
growing body of empirical research establishes that people's
satisfaction
with the legal system, including the police, is determined not by
whether
they are satisfied with the outcome of the decision, but instead
by whether
they believe the process was fair. These fmdings have powerful
implications for community policing. Not all community
policing is equal,
as I will explore. But some versions offer citizens the
opportunity to
participate in regular group deliberations with neighbors and
local officers
to set community policing priorities. To date, young people
have not
generally been involved in this type of policing. But a model
that included
the young would place them alongside other community
members and
officers in trust-engendering deliberations regarding matters of
community
safety. This process would, in tum, increase law enforcement's
legitimacy
in their eyes, by increasing their respect for the process of
police decision-
making.
This Article proceeds in four parts. In Section I, I will outline
how
community policing developed out of dissatisfaction with the
antagonism
caused by the warrior model. Because community policing is a
term that
has been used to describe quite disparate concepts, in this
Section I will
define what I mean by it. I will also emphasize what I view as
the
enormous potential of community policing to increase local
regulation of
law enforcement. I will do this by contrasting community
policing to what
I call the "judicial control" model, in which judges attempt to
regulate
police conduct through enforcement of the Fourth Amendment.
In Section II, I will describe how community policing has failed
to
change the way the inner-city young are policed. Young people
are less
likely than older citizens to be involved in the community
meetings and
other venues where the community policing agenda is set.
Further, they are
more likely to be stopped, disrespected, and illegally searched
by the police
on the streets. I will then tum to the rhetoric regarding the
young, and
argue that here too they appear solely as threats and objects of
intervention.
I will suggest that part of the reason for this portrayal is that
community
policing gained currency just as youth crime, especially youth
homicide.
4 JAMES FORMAN, JR. [Vol.95
increased dramatically. Because our national imagination was
fixed on the
image of the adolescent and post-adolescent "super-predator," it
was
difficult to see that same group as potential assets to the
community
policing agenda.
In Section III, I will justify my claim that we should view youth
as
assets, and I will explore the costs of our failure to do so. First,
I will
describe the investment the young have in influencing police
behavior and
fighting crime. Second, I will outline society's stake in using all
mechanisms at its disposal—including law enforcement—to
reinforce
bonds of trust and faith in law's legitimacy among the inner-city
young.
Drawing on sociological research, I will suggest that many
youth and young
adults in urban areas are "walking a tightrope," between what
Elijah
Anderson has called "street" and "decent" values.^ Perhaps the
greatest evil
of warrior policing is that, because it is perceived as
illegitimate and unfair,
it encourages its targets to adopt street values. On the other
hand, I will
argue, the state has the power to increase law's legitimacy by
adopting
policing practices that are perceived as procedurally fair.
In Section IV, I describe in greater detail what a model of
community
policing that engages young people would look like. Through an
examination of novel and promising policing experiments in
Chicago and
Boston, I will outline the model's core principles. I will also
describe some
potential pitfalls, and discuss how they might be avoided.
I. THE POTENTIAL OF COMMUNITY POLICING
A. BACKGROUND TO COMMUNITY POLICING
Community policing grew out of a variety of sources,^ but of
central
importance was the growing consensus in the 1970s and 1980s
that police-
community relationships in many cities had become untenable.^
Many
departments and individual officers had long subscribed to the
"warrior
model" of the detached, aloof crime-fighter who daily battles
the hostile
^ ELIJAH ANDERSON, CODE OF THE STREET: DECENCY,
VIOLENCE AND THE MORAL LIFE OF
THE INNER CITY 35-65 (1999).
* A comprehensive history of community policing has not yet
been written. What 1 offer
here is a highly truncated summary. Existing historical
summaries include Debra
Livingston, Police Discretion and Quality of Life in Public
Places: Courts, Communities,
and the New Policing, 97 COLUM. L . REV. 551, 565-78
(1997), and Maguire & Wells, supra
note 1, at 33-39.
' See, e.g.. Jack R. Greene, Community Policing and
Organization Change, in
COMMUNITY POLicrNG: CAN IT WORK?, supra note 2, at
30, 35 (describing minority
communities' alienation from police in the 1960s).
2004] COMMUNITY POLICING 5
enemy—the public.^ Indeed, it was something of a matter of
faith in many
city forces that citizens were inalterably opposed to the police,
and therefore
would never cooperate regardless of what the police did.
William
Westley's 1970 study, for example, found that seventy-three
percent of
officers believed that the public was "against the police" or
"hates the
police." Thirteen percent believed that "some are for us, some
against us,"
while only twelve percent believed that the public "likes the
police."'
Similarly, a Kemer Commission study found that most big city
policeman
believed that the public saw them as "brutal, annoying, and
inconsiderate."'"
Community policing gained further support when police
officials
confronted new criminological findings demonstrating the
inadequacy of
many traditional police tactics." This research, conducted
principally in the
1970s, questioned the value of increasing the number of patrol
officers,
showed the limited utility of random and saturation patrol, and
cast doubt
on the efficacy of rapid response to 911 calls. Moreover, it
suggested that
police officers spent relatively little time fighting violent crime,
and instead
spent the bulk of their shifts passively patrolling and providing
other
services. Finally, the research showed that most crimes are not
solved by
investigation, but rather because an offender is arrested
immediately on the
scene or the police are given specific identifying information
such as a
name, address, or license plate number. In total, the research
undermined
many of policing's core assumptions, thereby creating an
opening for
reformers to offer new approaches.'^
GEORGE L . KBLLING & CATHERINE M . COLES, FIXING
BROKEN WINDOWS: RESTORING
ORDER AND REDUCING CRIME IN OUR COMMUNITIES
82-85 (1996).
' WILLIAM WESTLEY, VIOLENCE AND THE POLICE: A
SOCIOLOGICAL STUDY OF LAW,
CUSTOM AND MORALITY 93 (1970); see also WESLEY G.
SKOGAN & SUSAN M . HARTNETT,
COMMUNITY POLICING, CHICAGO STYLE 79 (1997) (less
than twenty percent of Chicago
officers believed that police-citizen relations were very good,
about half believed that people
do not respect the police, over seventy percent thought that
citizens do not understand the
problems of the police, and over eighty percent said that most
people do not know how
difficult the job of police is); JAMES Q . WILSON, THINKING
ABOUT CRIME 117 (Rev. ed.
1983) ("The view of many big city police officers seems to
confirm the 'war' theory of
police-community relations. Data gathered at least as far back
as 1960 suggest that most
big-city officers see the citizenry as at best uncooperative and
at worst hostile.").
'" W. Eugene Groves, Police in the Ghetto, in SUPPLEMENTAL
STUDIES FOR THE
NATIONAL ADVISORY COMMISSION ON CIVIL
DISORDERS 103,106(1968).
" For a review of the research discussed in this paragraph, see
JEROME SKOLNICK &
DAVID BAYLEY, THE NEW BLUE LINE: POLICE
INNOVATION IN SIX AMERICAN CITIES 3-5
(1986).
'̂ Some of the early reform efforts—upon which community
policing today is built—
include team policing, community crime prevention, problem-
oriented policing, and fear
reduction strategies. Wesley G. Skogan & Jeffrey A. Roth,
Introduction to COMMUNITY
6 JAMES FORMAN, JR. [Vol.95
With crime and fear of crime rising, community relations at a
low, and
research questioning the efficacy of the current approaches,
some within
policing circles began to conclude that the warrior strategy was
failing.'^
But replacing the warrior strategy required a paradigm shift that
was not
entirely easy. It meant questioning the entrenched belief that the
public—
especially minority residents of inner cities—was implacably
hostile to the
policing enterprise. This required police to recognize that
although inner-
city residents were more critical than were other Americans,
substantial
majorities nonetheless held generally favorable views of
police.''* Even
more profoundly, it meant understanding that even those who
were critical
did not want less policing—they generally wanted more, and
better,
protection.'^ As the Kemer Commission found, "[t]he strength
of ghetto
feelings about hostile police conduct may even be exceeded by
the
conviction that ghetto neighborhoods are not given adequate
police
protection."'*
The recognition of this reservoir of community support for
policing
was connected to a broader understanding that even high-crime
communities are made up principally of law-abiders.
Community policing
was built on the import of these findings, and its challenge was
to replace
the warrior model with one premised on the notion that the
police and
community could become co-producers of public safety, rather
than hostile
antagonists."
B. DEFINING COMMUNITY POLICING
But exactly what is community policing? This definitional issue
arises
POLICING: CAN IT WORK?, supra note 2, at xviii-xxiii.
'^ KELLING & COLES, supra note 8, at 85.
'•' SAMUEL WALKER ET AL.. THE COLOR OF JUSTICE:
RACE, ETHNICITY AND CRIME IN
AMERICA 91 (2000).
" For a thoughtful discussion of how black citizens balance the
desire for additional
police presence with concems about unfettered police
discretion, see generally Richard R.W.
Brooks, Fear and Fairness in the City: Criminal Enforcement
and Perceptions of Fairness
in Minority Communities, 73 S. CAL. L . REV. 1219 (2000).
'* NAT'L ADVISORY COMM'N ON CIVIL DISORDERS,
REPORT OF THE NATIONAL ADVISORY
COMMISSION ON CIVIL DISORDERS 307 (1968); see a/50
George L. KeWmg, Acquiring A Taste
for Order: The Community and Police, 33 CRIME & DELINQ.
90, 94 (1987) ("Despite the
contrary belief of some citizens and police that minority
residents do not respect police, the
great majority d o . . . . They believe that police have not been a
tangible presence, engaged
with citizens to develop neighborhood peace and security.").
" Cf SUSAN MILLER, GENDER AND COMMUNITY
POLICING 194 (1999) ("Community
policing programs often adopt the language of the business
world, which entails seeing
residents as 'customers' who are 'invested' in the joint
production of community stability.").
2004] COMMUNITY POLICING 7
because the term has come to refer to a wide variety of police
tactics.'^ For
Tracey Meares and Dan Kahan, two of community policing's
leading
advocates, it can mean neighborhood prayer vigils, gang
loitering
ordinances, and "order maintenance" strategies, in which police
aggressively prosecute offenses such as panhandling, vagrancy,
or
prostitution." In the press, community policing can mean
officers playing
basketball with kids in housing projects and smiling at babies.^"
These tactics, however, are just that—tactics. At its core,
community
policing is not a set of tactics, but instead is an organizational
strategy for
running a department. In its most promising form, this strategy
has two
essential elements. First, it requires that citizens, at the
neighborhood level,
meet regularly with police to jointly defme neighborhood crime
problems
and set police priorities.^' This consultation serves four
functions: (1) it
allows neighborhood residents to express their concems and
needs; (2) it
gives police a forum to educate citizens about neighborhood
crime issues;
(3) it allows citizens to state complaints about the police
themselves; and
'* David Bayley was one of the first to point out that community
policing "means
different things to different people—public relations campaigns,
shopfront and mini-police
stations, rescaled patrol beats, liaison with ethnic groups,
permission for the rank-and-file to
speak to the press, Neighborhood Watch, foot patrols, patrol-
detective teams, and door-to-
door visits by police officers." David H. Bayley, Community
Policing: A Report from the
Devil's Advocate, in COMMUNITY POLICING: RHETORIC
OR REALITY 225, 225 (Jack Greene &
Stephen D. Mastrofski eds., 1988). More recent evaluations of
community policing indicate
that Bayley's analysis remains true today. See Jeffrey A. Roth et
al.. Trends in the Adoption
of Community Policing, in COMMUNITY POLICING: CAN IT
WORK?, supra note 2, at 4
("Reasonable people could (and still do) argue over" the proper
objectives and strategies of
"real community policing."); Skogan & Roth, supra note 12, at
xvii (Although "police chiefs
report that they are moving toward" community policing,
"[w]hat they say they are doing
when they do community policing varies a great d e a l . . . . " )
; see also Michael E. Buerger,
The Challenge of Reinventing Police and Community, in
POLICE INNOVATION AND CONTROL
OF THE POLICE: PROBLEMS OF LAW, ORDER AND
COMMUNITY 103, 104-5, 108-11 (David
Weisburd & Craig Uchida eds., 1993).
" Kahan, supra note 3, at 1527-30 (order maintenance
strategies); Meares, supra note 3,
at 1612-19 (prayer vigils); Tracey L. Meares & Dan M. Kahan,
Law and (Norms of) Order
in the Inner City, 32 LAW & SOC'Y REV. 805, 819-21 (1998)
(gang loitering ordinances).
^° Michael Massing, The Blue Revolution, THE N.Y. REVIEW
OF BOOKS, NOV. 19, 1998, at
32, 33 (describing 1996 Time Magazine cover story).
^' LORIE FRIDELL ET AL., POLICE EXECUTIVE
RESEARCH FORUM, RACIALLY BIASED
POLICING: A PRINCIPLED RESPONSE 100 (2001) ("Police
department efforts to provide
significant means for community input into police operational
and policy decisions are the
backbone of community engagement."); Maryann Wycoff, The
Benefits of Community
Policing: Evidence and Conjecture, in COMMUNITY
POLICING: RHETORIC OR REALITY, supra
note 18, at 103, 105 ("It is the commitment to listening to
citizens (as opposed simply to
talking to them) and to taking seriously citizens' definitions of
their own problems that
distinguish the better programs of today from 'community-
relations' programs ofthe 1960s
and 1970s.").
8 JAMES FORMAN, JR. [Vol.95
(4) it gives police a chance to report back on what actions they
have taken
and what successes (or not) they have had.'̂ ^ The second
critical element is
that, citizens, again at the local level, take responsibility for
helping to
address the problems that they have identified.'̂ ^
The distinctiveness of my definition becomes clear when it is
contrasted with how others have described community policing.
Consider,
for example, David Cole's account:
[Community policing], already under way in many departments
across the country,
tries to make the police an integral part of the neighborhoods
they serve through more
decentralized police stations, more foot patrols, and regular
meetings with citizens in
the community. Where such programs develop effective
channels for communication
between the police and the community about their respective
needs, the programs can
play an important role in restoring corrununity trust and
overcoming the adversarial
relationships too many police departments have with
disadvantaged communities.̂ **
In Cole's account, no one "channel of communication" is
regarded as
primary. What's said at "regular meetings" is not necessarily
more
significant than what is said when officers talk to citizens while
on foot
patrol or informally at decentralized police stations. In my
account, by
contrast, these informal contacts matter,^' but formal,
deliberative meetings
between police and community residents are the heart ofthe
matter.^*
Chicago, which I will discuss in additional detail in Section IV,
has
^̂ Maguire & Katz, supra note 2, at 510-11.
^̂ KELLING & COLES, supra note 8, at 168; William Geller,
As a Blade of Grass Cuts
Through Stone: Helping Rebuild Urban Neighorhoods Through
Unconventional Police-
Community Partnerships, 44 CRIME & DELINQ. 154 (1998);
Wesley G. Skogan, The
Community's Role in Community Policing, NAT'L INST. OF
JuST. J., AUG. 1996, at 31, 34.
^̂ COLE, supra note 4, at 192-93.
•̂ ' See infra text accompanying notes 76-78.
*̂ Many police programs that call themselves community
policing do not systematically
involve community residents in the process of establishing
policing priorities and tactics.
Jeffrey Fagan and Garth Davies have argued that the New York
Police Department
abandoned such a community-centered practice in favor of one
where community needs and
standards were defined by police leadership, relying on a
sophisticated data driven
management accountability system known as Compstat. Jeffrey
Fagan & Garth Davies,
Street Stops and Broken Windows: Terry, Race and Disorder in
New York City, 28
FORDHAM URB. L . J. 457, 472 (2000); see also Skogan &
Roth, supra note 12, at xxiii ("New
York's model also did not feature any community input into
identifying problems or setting
police priorities, ignoring the concept of partnership that
figures so prominently in the
community policing paradigm."). Michael Buerger warned that
such an approach is not
atypical; too often community policing "is no more than a
unilateral police decree, defining
the police relationship to the public in symbolic form only,
without any necessary change in
police practice or structure." Buerger, supra note 18, at 105; see
also Greene, supra note 7,
at 50 (warning that police may not have changed their practices,
but instead "effectively
repackaged their efforts with a community and problem-oriented
label").
2004] COMMUNITY POLICING 9
perhaps the most thoroughly developed (and thoroughly
evaluated)
community policing program. In the Chicago Altemative Police
Strategy
(CAPS), community policing is implemented principally
through "beat
meetings," v '̂here citizens and police from a particular
neighborhood meet
regularly to discuss and define community crime and order
problems. In
addition, Chicago employs "District advisory committees,"
where selected
neighborhood representatives meet regularly with District
commanders to
discuss neighborhood conditions and police responses.^^
As I have mentioned, a variety of tactics can emerge from this
organizational strategy. For example, citizens often say what
matters most
to them are neighborhood disorder issues—which can include
anything
from abandoned cars to rowdy teenagers. In other
neighborhoods, the
problems might include loitering outside an un-staffed
recreation center,
chronic drug dealing on a particular comer, or unsolved
robberies.^^
Sometimes citizens wish to complain about the tactics of
individual police
officers, including racial profiling, stopping of innocent young
people in the
neighborhood, or disrespecting neighborhood residents.^' In
each of these
cases, community policing gives citizens a way to raise these
issues directly
with police and one another, a process for collective
deliberation, and a
mechanism to prompt both govemment and collective
community action.^"
C. COMMUNITY POLICING AS REGULATION
This description of community policing highlights one of its
greatest,
and at the same time most underappreciated, virtues—it
provides a way to
achieve meaningful community-based regulation of a broad
swath of police
conduct. Such community-based regulation is not the only way
to influence
police behavior; indeed, it has not been the principal mode of
regulation
with which the legal academy has been interested. The focus of
the legal
scholars has traditionally been on what I call the "judicial
control" model of
regulating police. But I will argue here that community policing
has the
potential to regulate police more effectively than does the
traditional model.
^̂ SKOGAN & HARTNETT, supra note 9, at 110-60.
^* ARCHON FUNG, EMPOWERED PARTICIPATION:
REINVENTING URBAN DEMOCRACY 153-
58, 179-210 (2004) (describing beat meetings in three Chicago
neighborhoods).
•̂ ' Jenny Berrien & Christopher Winship, An Umbrella of
Legitimacy: Boston's Police
Department-Ten Point Coalition Collaboration, in SECURING
OUR CHILDREN'S FUTURE: NEW
APPROACHES TO JUVENILE JUSTICE AND YOUTH
VIOLENCE 200, 216 (Gary S. Katzmann ed.,
2002); Jeffrey Fagan, Policing Guns and Youth Violence, 12
CHILDREN, YOUTH, AND GUN
VIOLENCE 133, 137(2002), a? www.futureofchildren.org.
'" This process does not always work equally well. In Section
IV, I discuss institutional
arrangements that impact the effectiveness of this process.
10 JAMES FORMAN, JR. [Vol. 95
The judicial control model of regulating the police is premised
on
judicial oversight of police-citizen contacts, principally through
enforcement of the Fourth Amendment's prohibition against
unreasonable
searches and seizures.^' Defenders of the judicial control model
typically
criticize the post-Warren Court for cutting back on Fourth
Amendment
protections, and argue that police over-reaching and abuse
requires more
vigilant judicial enforcement ofthe Fourth Amendment.^^
This approach has not gone unchallenged. Some of community
policing's staunchest defenders take the opposite perspective,
arguing that
pervasive judicial regulation has hamstrung police, who they
say need more
discretion." George Kelling, for example, says that community
policing is
"inherently proactive," and that such a preventive approach to
crime
fighting has inevitable consequences for police departments and
local
govemments.
The main consequence is that police strategy shifts from a
reactive and inherently
passive model to a preventive interventionist model that reopens
policy issues about
police handling of the homeless, drunks, drug dealers and users,
the emotionally
disturbed, and minor offenders that many believed had been
addressed once and for
all during the period following the 1960s. This strategic change
takes police to the
edge, or even over the edge, of constitutional law—at least as it
has been interpreted
over the past 30 years.
Though I am advocating a form of community policing, I do not
do so
on the grounds that police need license to go "over the edge . . .
of
constitutional law."^^ I do not share the view of community
policing
" There are innumerable examples of this approach. Some of the
most thoughtful
include BERNARD HARCOURT, THE ILLUSION OF ORDER
(2001); Albert W. …
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has changed over the past four decades considering that the
rates of imprisonment have multiplied. Currently, the United
Sates has over 2.2 million incarcerated adults which is by far
the largest population globally. The rapid increase of
incarceration in the US for the past four decades has prompted
various critiques including the question as to why there is a
large population of incarcerated citizens.
The aim of this paper is to argue on the ethical issues existing
with the mass incarceration particularly the breaches that occur
minus ethics. Also the paper will discuss the constitutes of
ethical behaviour within the U.S system by using Utilitarianism,
Ethical Egoism, Deontology which will shed light on the
concerns of mass incarceration as well as the prison industrial
complex.
Incarceration is among the most applicable strategies to handle
social issues which act as an interference to the poor. Generally,
the problems are joined together and defined as crime. The most
targeted population in this case are people of color (Wagner &
Sawyer, 2018). Some of the impacts of the increased rates of
incarceration are homelessness, drug addiction, mental
illnesses, unemployment and many more. Generally, prisons do
not make the social issues or crimes go away rather, they make
people disappear. The practice of making people disappear away
from immigrants the poor as well as racially marginalized
societies has currently become a business.
The increase in the rates of imprisonment is among the most
systematic applied government social program in the
contemporary world. However, issues such as criminalization,
social profiling and mass imprisoning of people of color is the
main challenge in the criminal justice system. Another ethical
concern is making mass incarceration a source of income or
rather a business. Prison privatization is also another ethical
concern which is the capital’s contemporary movement in the
prison industry. Generally, government run prisons are typically
in gross violation particularly in international human rights
standards making the private prisons less liable. Incarceration is
nothing less than slavery considering that a large number if
these inmates offer labor services to a country without a living
wage, bargaining power of even labor protections. Generally,
labor is the only thing the imprisoners can withhold.
The breaches of ethics in slavery, racial profiling and using
incarceration for profiting purposes in the prison industry are
too much. Among the ethical breach that is reflective is the
health in the system. Both mental and physical health of the
inmates is a primary concern considering that a large number of
the inmates suffer from chronic diseases, mental illness and
even infectious diseases in comparison to the normal
population. Besides, thousands of inmates released in the
community every yearly have been reported to have an
untreated communicable health condition or even an
undiagnosed health concern. A large percentage of state prisons
do not have a complete and reachable data concerning the health
status of their inmates. The worst part is that, prisoners with
mental illnesses tend to serve longer sentences with more
disciplinary problems as they serve their sentence. Prisons
should therefore have essential mental and medical care that is
required by inmates because they end up suffering more painful
symptoms as their health condition worsens.
The act of America’s prison system applies with the ethical
perspective of Ethical Egoism considering that they are overly
imprisoning their citizens with unsuitable justification that
supports their action. Besides, private capital has been involved
in the punishment industry which is all because of the profit
potential making incarceration which has significantly impacted
the U.S economy. Based on research, WCC increased its
revenue from $138million to $210 million in the year 1997
(Wildeman & Wang, 2017). In comparison to the public
correctional facilities, the increased profits in the private
centres majorly depend on non union labor.
There have been numerous studies on whether the rates of crime
have reduced over the past few decades due to mass
incarceration and based on research, incarceration has resulted
to an increase of crime in most states. Mass incarceration is
unethical in one way or another considering that it causes more
harm on the community than good. According to the
utilitarianism theory, a deed is considered ethical when it
produces more good for a large population of people
(Bonnemains, Saurel & Tessier, 2016). Thus, mass incarceration
is against the utilitarianism theory.
America should consider both Deontology and Utilitarianism
ethics since they both provide insight of what is considered
moral or not. Mass incarceration in that case is not an ethical
standard since most people are racial profiled while other have
been sentenced for crimes they did not even commit.
Deontology theory on the other hand states that people are
morally obliged to act in accordance of the set principles
irrespective of the results. Prisoners face numerous health
challenges including facing violence and injuries in prisons.
Crime is just an excuse for the mass incarceration and breaking
ot not practising ethical behaviours in prisons. For this trend to
change, America must change its ethical standards and views
first.
References
Wagner, P., & Sawyer, W. (n.d.). Mass Incarceration: The
Whole Pie 2018. Retrieved from
https://www.prisonpolicy.org/reports/pie2018.html
Wildeman, C., & Wang, E.A. (2017). Mass incarceration, public
health, and widening inequality in the USA. The Lancet, 389,
1464-1474.
Bonnemains, V., Saurel, C., & Tessier, C. (2016). How Ethical
Frameworks Answer to Ethical Dilemmas: Towards a Formal
Model. [email protected].
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The holistic effect of police officers mentoring ‘high
risk’ youth
Annita Clarke, Luton, UK
Contact: [email protected]
Abstract
This article reports on an Interpretive Phenomenological
Analysis study that provides a
description of the experiences of a sample of college students
who were mentored by police officers.
It includes an account of personal motivation for the topic and
the features of the investigation,
specifically with regard to academically underachieving youth.
Throughout the study, there was a
heavy concentration on any ‘high risk’ circumstances present
and their possible influence. The article
provides a brief description of findings to illustrate the holistic
effect of the mentoring journey and
concludes with the limitations of the study and the implications
for practice and further research.
Key words: interpretive phenomenological analysis, police
officers, high risk, youth mentoring.
Introduction
I have been a police officer for over 28 years, with the majority
of this time spent dealing face to
face with either perpetrators or victims of crime. I have always
been motivated by the need to
understand why people make the choices they do, but also what
I could do to enlighten them about the
range of options they may not have considered. I could debate
the nature verses nurture issue of the
environmental factors of the child, ‘creating’ the anti-social and
criminal enterprise driven youth and I
have seen evidence of this, as learned behaviour from an
unfortunate or inherently criminal family is
undeniable (McCord, 1991), however, I have also seen the
autonomous youth who have made positive
choices and succeeded on all levels in spite of their
socialisation and familial antecedents. I would
humbly say that I would include myself in this statistic. The
HM Government paper 'Every Child
Matters' (DoH, 2003) leading to the Safeguarding Act of 2013
delves deeper in respect of the
vulnerability inherent within their environments and the
increased risks associated to these situations,
proposing that children or youth are susceptible to
radicalisation or mental health symptoms and that
they could be groomed into sexual exploitation, prostitution,
drug taking and other criminal activity.
So the question for this research was ‘how can we reach out to
out to those youth who could be
viewed as ‘lost’ to society, because they are failing either
academically or behaviourally to conform’?
Within any role we play, there few substitutes for one to one
relationships where positive regard
(Rogers, 1986) is a factor. My operational experience has taught
me that the exposure to role models
and personal attention from an influential adult is minimal for
youth as a target group, and that the
impact of introducing personal attention can be monumental.
This view is evidenced within the
comprehensive work by Muncie (2014, p.100) where he
references Durkhiem’s ‘Normality of Crime’
theory. This is also supported by Kornblum (1985) in his
'Growing up Poor' study, where he identified
the influential nature of mentors. Congruent findings were
produced by Werner and Smith (1982)
where high risk children were studied. Rutter (1987 p.237)
argued that at-risk children with one good
relationship were less likely than others to develop conduct
disorders. The impact of this absence of
an influential adult role-model cannot be measured as there are
too many other factors which could
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influence the outcome (Muncie, 2014). However, the
introduction of a positive intervention, such as
mentoring for these young people could provide subjective data
which may indicate an effect for them
as individuals (Smith et al., 2009).
The introduction of police officers as mentors was a considered
choice as it is unknown how their
inclusion would affect the development a trusting relationship.
Drury (2003) provides research
indicating an individual-blaming agenda and power-play for the
lack of ability to communicate from
both the adult and youth perspective. Within this study, Drury
argues that stereotypes of the adult
mentor from the adolescent mentee perspective and visa-versa,
are depicted as often detrimental for
the development of relationships. The youth were expected to be
hostile, sullen and unforthcoming
with adults failing to listen to them, and needing only to get
their own message across. However,
police officers interviewed by Drury and Dennison (2000) as
part of an original study, stated, they
aimed to be honest, open and not talk down to adolescents,
interpreted by Drury and Dennison as an
effort to gloss over the power difference by treating adolescents
as equals. This is supported by
Michael and Mehrota (2015), who also discuss the need for
symbiosis in the relationship and the need
for an absence of a power ratio creating an authentic
youth/adult relationship. Conversely, DuBois
(2002) suggests that professional people who are already in
helping or supportive roles may have a
greater insight in relation to their own attitudes, ability to
reflect and better able to listen and tolerate
difficult feelings.
The specific police force within the study has faced immense
pressure to work further with the
communities it serves in recent years (5-year Strategic Policing
Plan). The diverse political and
religious nature of the communities served provides their own
challenges (Community Tension
Survey- confidential document). These are played out in local
and national media, where the police
are depicted as robustly managing warring factions of protesting
groups (Bedfordshire on Sunday,
24th November 2014). As a separate community issue, but no
less concerning has been the continuing
gun crime within the town where over the last 4 years there
have been numerous shootings resulting
in a number of fatalities, mainly involving teenage gang
members (BBC news report, 15/05/13). I felt
that possible positive interventions could be explored in an
attempt to prevent the seemingly natural
progression of youth from the disenfranchised, failing student to
potentially committing violent and
criminal activity (Lakind & Atkins, 2015, Carb & Matjasko,
2012).
I decided to concentrate on identified disenfranchised 6th form
college students in my research and
both in the spirit of Interpretive Phenomenological Analysis
(IPA) but also with reference to an
empirical gap I identified in the literature (Smith et al., 2009).
My aim was to provide the youths who
were mentored by police officers with a voice throughout and to
chronologically signpost any effects
or impacts they had recognised from their personal reflections
of their mentoring journey. It was
evident from the initial interviews I held with each of the five
students that there were factors or
circumstances within their environment or physical or
psychological being that constituted ‘high-
risk’. Lloyd (2013) talks about the detrimental effects
of poor health and well-being, suffering
bullying and poor educational aspiration and achievement as a
direct consequence of this familial
situation. It would be correct to say that all of these factors
were represented to a greater or lesser
degree within these initial discussions.
The social world of adolescents has changed, as have the
recognised added responsibilities and
types of negative influencers they may be vulnerable to
(Pittman, 2012; Beier et al, 2000). Although
generalisation is vital in research to identify trends and patterns
of behaviour, an individual’s attitude
and internal meaning-making can alter dramatically depending
on their own experiences and
socialization as has been seen within Beiers (2000) study.
Explaining the limitations of youth
mentoring when supporting high risk individuals, Rhodes (2002;
p. 255) suggested that 'mentoring
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programs have proven that they can powerfully influence
positive development among youth'. It is
this positive change that maintains a commitment to youth
mentoring of high-risk groups is
fundamental, considering the lack of personal positive
influencers in their lives as described by
Lakind and Atkins, (2015). These authors also provided an
outline of the types of youth who would be
considered to be 'high-risk', including those who are affected by
poverty, unstable housing,
unemployment and family composition. As already emphasised
mentoring cannot be the remedy to
the youth situation as a whole, but there has been research
produced highlighting that that the personal
growth and ability to make decisions as a result of the one to
one sessions in an adult/youth mentoring
relationship can reduce the likelihood of problems associated
with transitions into adulthood
(Simmons et al, 1973). These relationships can be separate or
additional to recognised relationships
with parents and teachers (Hope et al, 2013: Schwartz et al,
2012).
This article will continue with my motivation for beginning and
continuing the research. A year
on and the mentoring programme is now in its second successful
year at the same college. An
examination of the gaps in the empirical literature provides
further motivation to examine the
possibilities behind this process. I will also compare three
methodologies, identifying the reasons why
IPA was chosen. I will describe the sample subjects, who they
were and why they were chosen for
this study. Once the foundations of the study have been
identified, I will work through the study itself,
my reflections, the identification of the subordinate themes and
discuss any links between the
students’ experiences of the mentoring and their journeys
through college. All of this information
will then be drawn into the conclusions and finally any
limitations and my own reflections.
My motivation for the subject
It would be difficult to provide a personal context to this
research without first outlining my
empathy to the students included within it. The students chosen
for this programme are all
academically struggling for various reasons, a position I can
remember occupying throughout my
school and college years. I was deaf and attended a school for
the hearing impaired until I was 8 years
old. Once allowed to attend state school, I was quiet, lacking in
confidence, bullied and unable to
contribute in class. Until the age of 12 years, I was also kept off
school, as a young carer, looking
after my father who had multiple sclerosis. Although with
surgery, my hearing improved, and my
father sadly died when I was 12 years allowing me access to
more school hours, but I did not extend
my educational attainment and scraped through my 'O' and 'A'
levels.
Determined to do something useful in my life, I joined the
police but have never forgotten what it
was like to be that struggling student at the back of the class.
Having been a successful police officer
for 28 years, promoted to the rank of Inspector, I know that
change can happen. It is determined by
self-will, values and experiences but can be affected by those
around us, who can influence our
thoughts and behaviour.
Existing gaps in the literature
It appears that there is a need for more empirical research
which concentrates on the experience of
the mentee, providing a more holistic account of their
environment, health and well-being, familial
circumstances and academic attainment (Schwartz et al, 2012,
Fazel et al, 2104) and the overall effect
of the mentoring process. The positive effects of mentoring
have been suggested to require the mentee
to have the capacity for meaning-making and be receptive to
mentoring (Cox, 2003, DuBois et al,
2011; Tolan et al, 2013). These effects are also reliant on their
external social influencers and the
subsequent internal attitude and value formation being
compliant with the intervention for it to be
accepted by the adolescent (Baxter-Magolda & Porterfield,
1985). It could be argued that what
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contributes to youth vulnerability irrespective of their external
circumstances is their internal lack of
self-esteem (Schwartz et al 2012, Hope et al, 2013, Giunta et al,
2013). This lack of personal regard
and confidence in one’s self and own abilities has causal links
to delinquency, poor academic
attainment and risky behaviour (Lakind & Atkins, 2015, Carb &
Matjasko, 2012) and although their
links have been established as present, the order in which they
appear is impossible to predict.
Over the last two decades there has been more empirical
literature exploring the goals and
outcomes of youth mentoring (Meier, 2008, Fletcher & Mullen,
2012, Slack et al, 2013, DuBois &
Karcher, 2014, Aderibigbe et al, 2014, Lakind & Atkins, 2015).
The progression of youth mentoring
appears to be in response to various educational, societal and
economic changes and the development
of social awareness regarding the impact of these changes on
young people (Rustique-Forrester,
Riley, 2001; Balogh, Mayes & Potenza, 2013). Despite this, a
lack of empirical concentration on the
holistic meaning-making of the youth during and post
implementation of a mentoring intervention
reveals a gap in ascertaining the personal experience of young
people participating in mentoring
programmes – a gap which this study seeks to address.
Acknowledging that a mentor requires enhanced
communication skills and some appreciation of
the application of empathy, I have suggested that police officers
may provide an underused and under-
researched resource for this type of mentoring, This detail
indicates that not only do the officers have
the ability to converse and develop essential emotional
intelligence required for a successful
mentoring relationship, they have the experience and ability to
tolerate the difficult feelings that may
be discussed by the high-risk youths. They also belong to a
culture where development by this method
is common-place. Police officers are continually assessed and
expected to develop within their roles.
Methodology
The interpretive idiographic viewpoint in a research setting
includes the researcher’s values, prior
knowledge and interpretations of meaning and personal
understanding (Smith et al., 2009). Thus,
acknowledgement of the researcher’s interpretation is essential
for establishing the required validity
of the research. It is also important to recognize that the aim
within the phenomenological method of
inquiry is to obtain insight into participants’ experiences, by
enabling participants to reflect within
that experience during the research (Husserl & Solomon, 1927).
As this study was dependent on the
interpretation of the meaning-making from the students
contributing, it was vital that the approach
would support the open discourse required for personal and
subjective disclosure of individual
thoughts, feelings and values. It is for this reason that a
phenomenological, interpretive approach
seemed to be the best fit (Smith, 2007; Lopez & Willis, 2004) in
terms of the research paradigm
adopted.
Supporting the hermeneutic, phenomenological approach, the
interview questions were semi-
structured (Smith et al., 2009). This enabled individual
meaning-making from the subject and
subsequent reflection and interpretive reflexive practice in
terms of the process within the interpretive
phenomenological analysis principles. The principle aim in
hermeneutic approaches within qualitative
research is to explore and analyse the 'life-world' of people
using non-directive interview techniques
to collect information (Smith et al., 2009). This viewpoint is
pertinent within the youth environment,
the idiographic influences such as peer pressure, academic
expectations, cultural and religious norms
and stereotypes of those involved as relevant frames of
reference must be considered (Muncie, 2014).
This premise supports the motivation research linked to the self-
determination theory conducted by
Standage, Duda and Ntoumanis (2005).
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Due to the underpinning interpretive philosophy, knowledge
obtained can be difficult to validate
in forms of natural science and from a purely scientific
viewpoint (Yardley, 2000). Reflecting on the
purpose of the research, it is essential that the current research
explores the meaning placed on the
experience of mentoring by the young people themselves. For
this reason interpretive
phenomenological analysis seemed most appropriate (Smith et
al., 2009). There are other methods of
data collection and analysis within the qualitative field and
others were considered prior to choosing
IPA. The most obvious competitor to IPA was the case study
methodology (Yin 2013), as it also
involves the 'in-depth' exploration of the individual’s
experience, generating data via similar methods
as IPA. However, this methodology was discounted for this
current research as the concentration of
the findings would be on the processes within the organisation
case or project and the transferability
of the model to similar organisations. Another possible
option for the research was an action research
methodology. This again, is process driven and would struggle
to provide the depth of analysis
required when the subjective meaning placed on the mentoring
received by the college students is
pivotal to the findings.
Sample selection
The college concerned has an overall attendance of 2,700
students, 120 of which are within the
cohort of those struggling academically. The selected sample
was a purposive and homogeneous cross
section of those within a particular cohort of students within a
specified academic year at this
particular sixth form college. Therefore, all of the participants
were selected as they provided a
perspective relevant to the phenomenon being studied. Within
the mentoring programme where young
people are supported by police officers, 25 students were
mentored albeit only five students were
chosen for the research process, as IPA requires small numbers
of subjects to allow for in depth
analysis to be performed (Smith et al., 2009, p. 51). Participant
details are included in Table 1. This
core group of 25 students who were provided with the
mentoring opportunity, allowed for substitutes
to be identified should any of those being interviewed leave the
programme for any reason.
Table 1. Participants
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To achieve the in-depth understanding of their mentoring
journeys, I interviewed the five students
more than once. This research allowed for me to use the
individual disclosures within the first
interviews to direct me towards possible thematic concepts for
the second and third interviews. (Smith
et al., 2009).
Access to the students was subject to the safeguarding
principles related to the Prevent strategies
of 2013. As the decision was made by the college that the police
officers contributing their time to this
programme would not be DBS (Disclosure and Barring Service)
checked, there was a need to
facilitate the mentoring process by enabling this to take place in
the sight of a supervisor or tutor. On
some occasions, this would include having the mentoring within
the classroom itself, where the class
mates of the mentee were. The researcher interviews were
conducted in a separate room as I am DBS
checked and could be left alone with the students whilst being
entrusted to uphold the relevant
safeguarding principles (DoH, 2003).
Utilising the six principles of qualitative research analysis
(Smith et al., 2009), I identified step by
step how the IPA methodological criteria had been achieved
through familiarisation, coding,
searching for themes, reviewing the themes and looking for
connections, emerging themes, moving to
the next case, and writing up, identify patterns across the cases.
In line with IPA, I analysed each
individual’s experience before undertaking the thematic
comparison. This consideration provided a
phenomenological journey of the mentoring process and a
subsequent detailed analysis to be
conducted, providing a useful conclusion and theoretical links
to previous relevant studies. A similar
process was used to exemplify adherence to Yardley's model of
validity (2000).
Researcher’s reflexivity and data analysis
I chose not to take notes during the three interviews with each
student as I wanted to listen
intently to the responses provided without distractions. It was
also vital that there was no disturbance
to the participants’ flow. I have kept a continual personal
account of the dynamically unfolding
process. The subjective engagement with the process was
challenging when the obvious requirement
for objective reasoning was evident. To enable this to be
achieved in line with Smith et al. (2009), and
maintaining IPA principles by providing additional data
analysis reflexivity, I made extensive notes
following each interview, acknowledging the influence that my
own assumptions, values and
experience may have to my interpretations (Gilgun, 2010). By
doing this it has also enabled me to
understand Gilgun’s (2010, p.173) phrase, 'we are often
unaware of what we think, believe and the
implications until we write about them and discuss them with
others.' These notes provided a social
mirror in terms of my own bias, prejudice and barriers to
objectivity. Having received the completed
transcripts, I read them line by line whilst listening to the
intonation of the voices to attempt to
interpret the tiniest nuance for each of the students. This was
incredibly valuable and enabled me to
provide a more complete picture of both the person but also the
journey they were on. It also enabled
me to comprehensively identify the confidence, self-assuredness
and clarity of direction and choice
gained through the mentoring process.
Identification of subordinate themes
It was evident within the initial reading of the transcripts that
there were emergent themes for
each subject. These created a journey of development,
recognition and potential opportunities
facilitated by the introduction of the mentoring process. By
maintaining the identified themes within
an individual mind map, relating to one person’s journey, I was
able to plot in a pictorial format, the
holistic effect of mentoring for each of the students. The data
from the interviews remained
consistently denoted across the mind maps in the same colours
e.g. 1st interview was in red pen, 2nd in
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blue and 3rd in green. This enabled any patterns of behaviour or
experience to be identified across the
5 candidates, creating themes (see Figure 1).
Figure 1. Example Mind Map
These themes were then paralleled across the experiences and
meaning making of all five
students, culminating in the identification of the three concept
themes providing the foundation of the
overall research analysis. I will provide an outline of each of
these concept themes and proceed later
to offer a more contextualised account of each theme.
Findings - Concept, Emergent and Subordinate Themes
Three key themes emerged across the participants; The
authentic self, Education and aspiration
and Police officer mentors as represented in the figure below
(see Figure 2).
Theme One – The Authentic Self
It was clear throughout the interviews, that the students had an
appreciation and an understanding
of their authentic selves which appears to work alongside the
façades created for a myriad of
situations including: to hide disappointment or nervousness or
created to attempt to fulfill the
expectation of others. When asked about the impression he
made on others, Shah in his first interview,
described himself as, ‘a joker, or a clown.’ He acknowledged
that he needed to be more mature and
‘calm down a bit and joke around,’ but his friends, ‘…. are used
to a funny guy.’ For Kevin, his
dyslexia has often impacted on his confidence, when describing
himself he says, ‘I would say sporty,
funny, sociable. I wouldn’t put academic because I know I’m
not.’ Carols lack of confidence has
been the result of years of bullying in High school, ‘in a
classroom, I just feel like I’m being judged.’
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There was some division in these different personas of the
individual interviewed but the overlap
was hazy, causing confusion and sometimes frustration as they
attempted to separate themselves from
their perceived unsuccessful self, and emerge as the mature and
potentially successful self. Their lack
of confidence was an unvarying barrier to accepting this
potential outcome. There was a suggestion
from the students that the police officers may provide the
panacea for this lack of confidence. Usman,
in his first interview, had high hopes for the mentoring and the
impact of the process, ‘I think the
police officer might help me to develop as a person and develop
my confidence.’
Theme Two – Education and Aspiration
Pivotal to this theme was the reflections on their situations
which provided an opportunity for the
individual students to assess their current position and reflect
on the circumstances or behaviour
which resulted in their present station. There was a consistent
theme highlighted amongst the majority
of those interviewed of regret, internalising the blame for their
lack of success in their GCSE results.
This negative emotion, compounded by their continuing GCSE
pressure in college and the
psychological impact of self-fulfilling prophecies in terms of
expected outcomes of current studies
and potential aspirational levels have impacted on all
interviewed. Kevin in his first interview,
eloquently described his self-disappointment, ‘I was pretty
angry at myself because I – not angry at
myself but I know mum had high expectations, high hopes for
me…’
This was countered with the improvements made within his
performance as Kevin reported in his
last interview, held post mentoring that, ‘…before mentoring, I
used to get Ds, now I’m getting Cs
and pushing to get Bs. She even gave me a merit in art.’ For
Usman, his lack of self-confidence was a
barrier to success, ‘I think I was nervous from the inside and I
think that stopped me from being
confident.’ With Usman, he was so softly spoken initially that I
had to ask him to sit closer to the
microphone so that his voice would be recorded. By the third
interview, I had learned to move the
microphone to a normal distance. His posture had changed and
although he didn’t yet command the
room, you could now tell he was in it.
Figure 2. The three themes
MEANING MAKING
Stages of
coding
Concept
Themes
Category
-Clusters
Themes
Emergent
Themes
Theme 1
The authentic self
The real me
The divided self
Transformation
Confidence and self-worth
High risk antecedents
Theme 2
Education and
Aspiration
Why am I in this position?
Experience shaping
outcomes
Misguided priorities
Learning Difficulties
Theme 3
Police officer mentors
Expectations of the
relationship, the reflective
journey and the personal
effects of the process
Positive attitude
Limitations of the process
International Journal of Evidence Based Coaching and
Mentoring
Special Issue No. 11, June 2017
Page 131
The current issue and full text archive of this journal is
available at: http://ijebcm.brookes.ac.uk
Theme Three – Police Officer Mentors
Within the initial interviews, it was clear that the majority of
the expectations of the …
America's New Criminal Justice System
Diversion Program, the Community Acceptance
Program
Peterson, Scott B 1 ; Burnett, Arthur L, Sr 2 ; Halstuch,
Jonathan A 3 1 hief executive officer at Global
Youth Justice Inc.sustainable, and volunteer-driven models to 2
has the distinction of serving as
America's first African American United States magistrate
judge, as the lead judge of the Superior Court
of the District of Columbia in dealing with children and youth
juvenile and welfare issues, and now as
vice-president of Global Youth Justice Inc. 3 cofounder and
chief technology officer at the
CyberConverged data security corporation RackTop Systems
Inc., a volunteer in one of the US's earliest
youth courts, and board chairperson for Global Youth Justice
Inc. . Criminal Justice ; Chicago
Vol. 34, Iss. 4, (Winter 2020): 23-25.
ProQuest document link
ABSTRACT (ENGLISH)
Despite no federal support, and little state support over the past
25 years, these local youth/teen/student/ peer
court and peer jury diversion programs have rapidly been
expanding across the US, and have emerged as the most
replicated juvenile justice diversion program in the US since the
first juvenile court in Cook County, Illinois, in 1899.
The CAP will address multiple issues and problems to include
reducing court dockets, expenses of court
proceedings, expenses for law enforcement activities, and the
alarmingly high arrest and incarceration rates in the
communities, as well as improving the credibility of our courts
and justice system through active citizen
participation. An admission of guilt is required for acceptance
into the CAP. [...]the CAP operates as a sentencing
hearing, as opposed to a trial, which would have been utilized to
determine guilt or innocence. The CAP will
improve and enhance the community by: (1) reducing the
backlog and case docket of adult criminal cases; (2)
providing an alternative to arrest, conviction, and incarceration;
(3) offering a civic approach to a fair process for
imposing an additional sanction other than more formal criminal
justice involvement; (4) reducing the economic
disparity associated with the disproportionate confinement of
indigents and minorities; (5) reducing the effects of
a negative stigma individuals often acquire after being labeled a
convicted criminal and/or experiencing
confinement; (6) sending a message that every crime will result
in a consequence; and (7) increasing satisfaction
of local law enforcement given that their arrests are not plea
bargained out with little or no sanction imposed.
[...]the CAP will address some of our society's upcoming
demographic challenges.
FULL TEXT
Despite decades of unanimous support, advocacy, funding, and
justification for more criminal justice system
diversion programs in the United States, there have been few
new authentic diversion programs established, and
none of them have proven to be scalable on a state or national
level. Unlike specialized courts such as drug court,
authentic diversion programs are not a court, and they can be
established locally in lieu of arrest, bail, jail, or
conviction, and used to avoid a criminal record.
Recognizing the need for criminal justice system reform, and
the absence of a sustainable, affordable, and
scalable criminal justice system diversion program, efforts
began five years ago to remedy this situation. In 2014,
conceptualization, development, and design began on a new
front-end local criminal justice system diversion
program to be called the "Community Acceptance Program"
(CAP). The CAP will be for adults age 18 and older who
have committed minor crimes, offenses, and violations. Local
communities will determine if an adult offender is
https://search.proquest.com/docview/2389218485?accountid=33
337
https://search.proquest.com/docview/2389218485?accountid=33
337
eligible to proceed in the CAP for a second or even third time,
based on the criteria they establish for this criminal
justice system diversion program.
Modeled on Existing Youth-Led Diversion Programs
Recognizing the considerable benefits a viable diversion
program could have on a local, state, and national level,
for purposes of immediate and longterm criminal justice system
reform, organizers behind the development of this
CAP looked to the US's existing youth-led and volunteer-driven
youth justice diversion program called youth/
teen/student/peer court and peer jury, established over 25 years
ago and now in more than 1,800 local
communities in 48 states, the District of Columbia, and at least
10 tribes. This innovative youthled youth justice
diversion program is not only a textbook example of a local
grassroots movement in America, but it also has
spread to 10 other countries, and is referred to as an excellent
example of "access to justice" and "peoplecentered
justice." Just like in America, adults from the legal community
outside America are driving the local expansion of
these youth-led diversion programs, which is commonly referred
to as the Global Youth Justice Movement.
Despite no federal support, and little state support over the past
25 years, these local youth/teen/student/ peer
court and peer jury diversion programs have rapidly been
expanding across the US, and have emerged as the most
replicated juvenile justice diversion program in the US since the
first juvenile court in Cook County, Illinois, in 1899.
Just like youth/teen/student/peer court and peer jury diversion
programs, the CAP will utilize the same volunteer-
driven programmatic design, which is affordable, scalable, and
sustainable. There is considerable interest in
implementing the CAP in many of the communities already
operating a youth/teen/student/peer court and peer
jury, which will likely fuel the rapid local expansion of the CAP
in America.
Structure and Benefits of the Community Acceptance Program
Local communities will determine if the CAP will be a
voluntary or an involuntary criminal justice system diversion
program. The CAP will not be a specialized court or docket, but
rather a local community diversion program
operated by public and/or private organizations in collaboration.
Local community officials and leaders will decide
which agency or organization will administer the CAP. It may
be a nonprofit, police department, bar association,
district attorney office, court, probation office, or another
agency or organization.
The CAP will handle low- to mid-level crimes and
misdemeanors, and possibly even some nonviolent and other
types of felonies. Narcotic distribution and serious violations of
federal and state laws will not be eligible for the
CAP. Local communities operating within state and federal laws
will determine what types of crimes, offenses, and
violations will be adjudicated in a local CAP.
The CAP will address multiple issues and problems to include
reducing court dockets, expenses of court
proceedings, expenses for law enforcement activities, and the
alarmingly high arrest and incarceration rates in the
communities, as well as improving the credibility of our courts
and justice system through active citizen
participation. The CAP will involve volunteer adults who
successfully complete a multiweek training program,
including former offenders and retired and senior citizens
wishing to stay active in community affairs-and such
participation will enhance overall the sense of community
involvement in promoting the welfare and public safety
of the entire community. The CAP will salvage individuals'
lives by reducing future criminal activity, and encourage
these individuals to become contributing citizens to the
community, even after completing their assigned peer
sanction.
The CAP will be a new voluntary program alternative to arrest,
conviction, and incarceration for adult offenders
ages 18 and up. In several states like New York, a 16- or 17-
year-old may be eligible for the CAP if there is no other
diversion program available. Adult offenders, as determined by
local communities within applicable laws, who have
been either formally arrested or formally apprehended with an
arrest pending are eligible to be referred to the CAP
for alternative sentencing and disposition by volunteer adults
serving in roles ranging from judges, attorneys,
clerks, and bailiffs to jury members.
An admission of guilt is required for acceptance into the CAP.
Therefore, the CAP operates as a sentencing
hearing, as opposed to a trial, which would have been utilized to
determine guilt or innocence. The CAP is a
program and not a legally authorized court by state statute or
constitution or the US Constitution. Adult
community leaders determine allowable sentences the volunteer
adults can impose based on one or more crimes,
offenses, and violations. Most often, it will be a range of
mandated community service hours, such as 1-50 hours,
in addition to other requirements such as classes, drug testing,
restitution, and other reasonable imposed
sanctions by a jury of their peers.
The CAP sentencing hearing will likely take place in local
courtrooms across the US when they are not in use
during the evening. A convenient location already paid for with
taxpayer funding that is safe and friendly to public
transportation would be most desirable and is available in most
communities. Just like youth/teen/student/peer
court and peer jury diversion programs, it is likely only
necessary for the CAP to have one or two full-time and/ or
part-time staff.
Failure to complete the CAP will result in stricter consequences
when the case is referred back to the criminal
justice agency or court of origin. Like youth/teen/student/ peer
court and peer jury diversion programs, this swift
and more severe approach within the rule of law will result in
offenders having exceptionally high completion rates
of their peer-imposed sanctions. This will reduce the court
backlog every time an offender successfully completes
the CAP. Law enforcement referral of cases directly to the CAP
where an official arrest did not take place pending
successful program completion further reduces paperwork and
added financial costs to the court and community-
not to mention the considerable benefits to the adult offenders
who made a foolish mistake they hopefully will
learn from having done. A goal of the CAP is to not create a
burdensome diversion program, but rather to blend in
and assist with the processing of cases for improved efficiency
and effectiveness where improvement is needed.
The CAP will do both, while strengthening a commitment and
personal responsibility to the community and its
citizens.
The CAP will improve and enhance the community by: (1)
reducing the backlog and case docket of adult criminal
cases; (2) providing an alternative to arrest, conviction, and
incarceration; (3) offering a civic approach to a fair
process for imposing an additional sanction other than more
formal criminal justice involvement; (4) reducing the
economic disparity associated with the disproportionate
confinement of indigents and minorities; (5) reducing the
effects of a negative stigma individuals often acquire after
being labeled a convicted criminal and/or experiencing
confinement; (6) sending a message that every crime will result
in a consequence; and (7) increasing satisfaction
of local law enforcement given that their arrests are not plea
bargained out with little or no sanction imposed.
Moreover, the CAP will address some of our society's upcoming
demographic challenges. People are living longer,
and with that we need to be prepared for more senior citizens
entering America's criminal justice system. A senior
citizen may be suffering from dementia and forgetfulness, and
pay for some items but forget to pay for one or two
other items put in a shopping bag or elsewhere on his or her
person. Such behavior may result in apprehension
and/ or arrest. The forgetfulness may be genuine, and thus there
is no intent to steal or commit larceny. Such an
individual should not be subject to an unlawful theft accusation
but should get treatment for the mental deficiency
or take the precaution of going shopping with another
individual, which would protect the senior citizen from
picking up objects and forgetting that he or she has them.
Further, to the extent that medical assistance is
necessary or medication to deal with the mental deficiency is
required, that should be provided rather than
subjecting the individual to a criminal conviction. These types
of crimes will almost certainly increase in America
in the coming years, and these types of crimes are an excellent
type of referral to the CAP.
Caveat
The situations described in this article are not intended to be
exhaustive but merely illustrative of the need for a
new approach to designing a criminal justice system diversion
program that is scalable, sustainable, affordable,
practical, volunteer-driven, and left up to the local community
to modify to meet its needs and resources. The CAP
would provide multiple benefits, including reduced court
dockets, and improve the credibility of our courts and
criminal justice system through active citizen participation. It
would prevent the overcriminalization of a large
portion of our society in the United States.
In addition to drug addiction or dependency requiring intensive
treatment, there is another cautionary concern we
must have in running such a diversion program-that is, the
questioning of the participant in the program should not
involve other matters to an extent as to violate that person's
right against self-incrimination under the Fifth
Amendment. If there are other unsolved crimes which come to
light, that person's right to counsel must be
respected as to any matter other than what brought that
individual to the attention of the CAP. It is normally
presumed that the individual is a first-time offender, and if the
offender starts talking about other unsolved crimes
and such information starts to be disclosed, the administrator of
the CAP program should cease questioning the
individual and advise that individual to seek counsel and
disclose no further details or incriminate himself or
herself in the unsolved crime. Ideally, that person should be
referred to a public defender office or legal aid office
that handles potential criminal matters or can refer that
individual to a resource to talk with counsel in an attorney-
client relationship in confidence.
With reservations as to these two conditions, the CAP should be
a most effective means of improving the quality
of our criminal justice system in this nation, result in more
effective usage of law enforcement personnel, improve
police community relations with its population, and improve the
quality of community life free from crime and
threats to public safety, at less cost to the supporting taxpayers
of that community. It should bring law
enforcement personnel and community citizens closer together
in mutual respect and improve the quality of life in
that entire community.
What's Next for the US's Community Acceptance Program in
2020?
1. In early 2020, organizers of the CAP will convene a meeting
in Washington, D.C., comprised of leaders from
criminal justice agencies and organizations, criminal justice
policy and research professionals, and foundations for
purposes of designing a US strategy on this new criminal justice
system diversion program.
2. In mid to late 2020, organizers of the CAP will announce a
call for applications for at least 10 CAP demonstration
sites from the US's 50 states, five territories, the District of
Columbia, and Native American/Alaskan native tribes
and councils.
3. At the end of 2020, the demonstration CAP sites will be
announced, along with the dates and times for the first
CAP two-day implementation training for teams of five adults
from each of the demonstration sites.
CAP Contact Information
The CAP website, www.CommunityAcceptanceProgram. org,
will launch in mid-2020. A Twitter account
@AdultJusticeCAP has been launched and has passed 11,500
followers. Any questions, comments, interests in
becoming involved, and requests for additional information on
CAP may be emailed to
[email protected] org. You may also contact Scott Peterson, who
is leading the US's strategy
for the CAP, at (202) 468-3790.
DETAILS
Subject: Violations; Law enforcement; Citizens; Diversion
programs; Community; Grass roots
movement; Convictions; Sanctions; Older people; Criminal
records; Imprisonment;
Adults; Alternative sentencing
Location: United States--US
Publication title: Criminal Justice; Chicago
Volume: 34
Issue: 4
Pages: 23-25
Database copyrigh
Terms and Conditions Contact ProQuest
Publication year: 2020
Publication date: Winter 2020
Publisher: American Bar Association
Place of publication: Chicago
Country of publication: United States, Chicago
Publication subject: Law, Criminology And Law Enforcement
ISSN: 08877785
Source type: Trade Journals
Language of publication: English
Document type: Journal Article
ProQuest document ID: 2389218485
Document URL:
https://search.proquest.com/docview/2389218485?accountid=33
337
Copyright: Copyright American Bar Association Winter 2020
Last updated: 2020-04-21
Database: Criminal Justice Database
https://search.proquest.com/docview/2389218485?accountid=33
337
https://search.proquest.com/info/termsAndConditions
http://www.proquest.com/go/pqissupportcontactAmerica's New
Criminal Justice System Diversion Program, the Community
Acceptance Program
Running head: BUILDING BETTER RELATIONSHIP
THROUGH YOUTH 1
BUILDING BETTER RELATIONSHIP THROUGH YOUTH
4
Building Better Relationship Through Youth Mentoring and
Engagement
Student name
BCJ 4101
Columbia Southern University
Building Better Relationship Through Youth Mentoring and
Engagement
Overview
The purpose of my research paper is to cover how the police
relates to the youth within a community. This is established
through mentorship and engagement programs that helps law
enforcement build better relationships on a personal level.
Youth mentoring is a perfect opportunity for police officers to
build that rapport by commitment and establishing a foundation
of trust with the young people.
Annotated Bibliography
Peterson, S. B., Burnett,Arthur L.,,Sr, & Halstuch, J. A. (2020).
America's new criminal justice system diversion program, the
community acceptance program. Criminal Justice, 34(4), 23-25.
Retrieved from https://search-proquest-
com.libraryresources.columbiasouthern.edu/docview/238921848
5?accountid=33337
In this journal article, the publishers, American Bar Association
discusses the diversion programs that are increasing throughout
the United States. These programs for juvenile are addressing
multiple issues and problems to reduce expenses in the court
and law enforcement activities.
The publishers are aware of the community acceptance program
providing an alternative to arrest, conviction and incarceration.
The publisher reflects on different programs that were
established through the years and how it has evolve into a high
completion rates. The publisher’s explanation of the program is
descriptive and explains how it will enhanced police community
relations free of crime and threats to the public. As well as
bringing the law enforcement and communities closer together
to improve the quality of life. This will be applied to my
research paper by explaining the conflict that a youth can occur
if incarcerated.
Clarke, A. (2017). The holistic effect of police officers
mentoring “high risk” youth. International Journal of Evidence
Based Coaching & Mentoring, 15, 123–134.
In this article, Clarke describes her time though out
the 28 years she has been a police officer. Seeing the different
challenges, obstacles, and aspect of a youth from being a high
driven criminal because of their inherent criminal family. To a
youth who still encounters social and criminal family history,
but has control over their choices and is still successful. The
author discusses the approach the police officer uses to reach
out to those youth who are viewed as lost. Due to the society,
they are involved in from either academically to behaviorally
conform.
Clarke is an experience police officer that is well
experience in the operational field and have knowledge in
regards to mentoring youth. The author is exposed to the target
group and has researched the youth who were mentored by
police officers. This article will explain the process and effect
of the police mentorship program with youth. It will further
explain the impact the mentorship has on both the youth and the
police officer themselves.
Forman Jr., J. (2004). Community Policing and Youth as
Assets. Journal of Criminal Law & Criminology, 95(1), 1–48.
https://doi-
org.libraryresources.columbiasouthern.edu/10.2307/3491381
Within this article, it suggests the flaws within the
community policing. How the new policing model has left out a
huge group that is critical and that is the youth and young
adults. The author describes in the 1970s and 1980s on how the
police community relations was of importance and was growing,
but hard to maintain. He explains in the article on how
community policing needed to change its approach and structure
to start thinking that the community is an ally instead of an
enemy.
A professor of law, Forman is aware of the
community policing having the potential to impact the
perspective of how police officers are seen. The author is
optimistic with his explanation and his experience and research
on community policing and creating an image for the youth as
they are an asset for the community. I will use this article to
explain the different approaches to police-community relations
and how it impacts the youth and the officers.

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0091-4169049501-0001THE JOURNAL OF CRIMINAL LAW & CRIMINOL.docx

  • 1. 0091-4169/04/9501-0001 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 95, No. I Copyright © 2004 by Northwestern Utliversity, School of Law Primed in U.S.A. CRIMINAL LAW COMMUNITY POLICING AND YOUTH AS ASSETS JAMES FORMAN, JR. INTRODUCTION Over a decade afiter it was first introduced, community policing remains the most important innovation in American policing today. Called "the most significant era in police organizational change since the introduction ofthe telephone, automobile, and two way radio,"' community policing has been supported by the past three Presidents, Congress, every major police organization, and much ofthe public? A broad cross-section Associate Professor of Law, Georgetown University Law Center. I presented an earlier version of this paper to the law faculties at Columbia University, Fordham University,
  • 2. Georgetown University, New York University, University of Michigan, and Yale University, and am grateful for the comments I received. 1 would like to thank Akhil Amar, Michael Barr, David Cole, Arthur Evenchik, Jeff Fagan, Owen Fiss, Sam Gross, Don Herzog, Dan Kahan, Jerry Kang, Randy Kennedy, Steve Mastrofski, Jim Ryan, Mike Seidman, Reva Siegel, Gerry Spann, Bill Stuntz, Susan Sturm, and Adrien Wing for helpful comments, and Edeanna Johnson-Chebbi for help with the manuscript. Margaret Rodgers, Tamaria Kai Perry, Nicole Devero, Kristen Johnson, and Om Kakani provided first-rate research assistance. ' Edward R. Maguire & William Wells, Community Policing as Communication Reform, in LAW ENFORCEMENT, COMMUNICATION AND COMMUNITY 33,33 (Howard Giles ed., 2002). ^ Edward R. Maguire & Charles M. Katz, Community Policing, Loose Coupling, and Sensemaking in American Police Agencies, 19 JuST. Q. 503, 504 (2002); see also Wesley G. Skogan, Preface to COMMUNITY POLICING: CAN IT WORK?, at xii (Wesley Skogan ed., 2004) (community policing "is so widely known and popular with the public and city councils that it is hard to fmd a police chief that does not claim that his or her department is on board because they have adopted this or that community-friendly program");WESLEY G. SKOGAN ET AL., O N THE BEAT: POLICE AND COMMUNITY PROBLEM SOLVING 21 (1999) (reporting that by 1997, fifty-four percent of police departments had adopted
  • 3. some type of community 1 2 JAMES FORMAN, JR. [Vol.95 of the legal academy also endorses community policing. Those who seek new ways for inner-city communities to mobilize against disorder and crime support it,̂ as do others whose principal concem is reducing police abuse of minorities.'* In this Article, I will argue both that there is much to be said for community policing and that it has not reached its potential. The flaw, I suggest, is that a critical group—youth and young adults—has largely been left out of the new policing model. Community policing rejects the discredited "warrior" approach to policing, in which inner-city communities were viewed as implacably hostile to the policing enterprise. Yet I will show how this warrior model persists for the young, who are still viewed as targets of policing rather than as assets to it. The bad news is that leaving young people out of this new model of policing has tremendous implications. Public safety tums, to a great extent,
  • 4. on what the young do and what is done to them. This is the group most likely to engage in criminal conduct, to be victims of crime, and to be targeted by police. By treating the young exclusively as threats to public order, the state creates and reinforces attitudes of hostility and opposition. This has negative consequences for public safety, because oppositional attitudes can increase law-breaking and make it less likely that citizens will provide information to law enforcement. Further, as the central representative of the state in inner-city communities, what the police do (and what they teach by what they do) has implications beyond policing. The alienation generated by the warrior model creates costs that are bome not just by youth themselves, but by their neighbors and the rest of society. The good news is that the warrior model of policing the inner- city young is built on premises that are faulty, and therefore can be corrected. Despite the powerful image of urban youth as threats, most delinquent and policing and another twenty-eight percent were in the process of doing so). ' See Dan M. Kahan, Reciprocity, Collective Action, and Community Policing, 90 CAL. L. REV. 1513, 1527-30 (2002); Tracey L. Meares, Praying for Community Policing, 90 CAL.
  • 5. L. REV. 1593(2002). '' See DAVID COLE, N O EQUAL JUSTICE 192-94 (1999); CHARLES OGLETREE ET AL.. BEYOND THE RODNEY KrNG STORY: AN INVESTIGATION OF POLICE CONDUCT IN MINORITY COMMUNITIES 127-30 (1995); Anthony C. Thompson, Stopping the Usual Suspects: Race and the Fourth Amendment, 74 N.Y.U. L. REV. 956, 1010 (1999) (advocating "a race- conscious community policing model"); see also PETER ELIKANN, SUPERPREDATORS: THE DEMONIZATION OF OUR CHILDREN BY THE LAW 193-97 (1999) (arguing that community policing is a preferable altemative to incarceration-oriented approaches for adolescent offenders); THE L.A. COUNTY SHERIFF'S DEP'T, A REPORT BY SPECIAL COUNSEL JAMES G . KOLTS 285 (July 1992) ("[W]e view the immediate. Department-wide implementation of community policing as our single most important recommendation for reduction of excessive force claims."). 2004] COMMUNITY POLICING 3 criminal conduct is concentrated among a small percentage of young people. The rest—the majority—are law-abiders. Moreover, they are the principal victims of the law-breaking minority. They therefore
  • 6. have a profound stake in keeping their neighborhoods (and themselves) safe. Coupled with their interest in reducing police abuse and harassment, this gives the young powerful incentive to participate in the community policing enterprise. Moreover, just as the warrior model alienates young people from the police and society, community policing offers to do the opposite. A growing body of empirical research establishes that people's satisfaction with the legal system, including the police, is determined not by whether they are satisfied with the outcome of the decision, but instead by whether they believe the process was fair. These fmdings have powerful implications for community policing. Not all community policing is equal, as I will explore. But some versions offer citizens the opportunity to participate in regular group deliberations with neighbors and local officers to set community policing priorities. To date, young people have not generally been involved in this type of policing. But a model that included the young would place them alongside other community members and officers in trust-engendering deliberations regarding matters of community safety. This process would, in tum, increase law enforcement's legitimacy
  • 7. in their eyes, by increasing their respect for the process of police decision- making. This Article proceeds in four parts. In Section I, I will outline how community policing developed out of dissatisfaction with the antagonism caused by the warrior model. Because community policing is a term that has been used to describe quite disparate concepts, in this Section I will define what I mean by it. I will also emphasize what I view as the enormous potential of community policing to increase local regulation of law enforcement. I will do this by contrasting community policing to what I call the "judicial control" model, in which judges attempt to regulate police conduct through enforcement of the Fourth Amendment. In Section II, I will describe how community policing has failed to change the way the inner-city young are policed. Young people are less likely than older citizens to be involved in the community meetings and other venues where the community policing agenda is set. Further, they are more likely to be stopped, disrespected, and illegally searched by the police on the streets. I will then tum to the rhetoric regarding the young, and argue that here too they appear solely as threats and objects of intervention.
  • 8. I will suggest that part of the reason for this portrayal is that community policing gained currency just as youth crime, especially youth homicide. 4 JAMES FORMAN, JR. [Vol.95 increased dramatically. Because our national imagination was fixed on the image of the adolescent and post-adolescent "super-predator," it was difficult to see that same group as potential assets to the community policing agenda. In Section III, I will justify my claim that we should view youth as assets, and I will explore the costs of our failure to do so. First, I will describe the investment the young have in influencing police behavior and fighting crime. Second, I will outline society's stake in using all mechanisms at its disposal—including law enforcement—to reinforce bonds of trust and faith in law's legitimacy among the inner-city young. Drawing on sociological research, I will suggest that many youth and young adults in urban areas are "walking a tightrope," between what Elijah Anderson has called "street" and "decent" values.^ Perhaps the greatest evil of warrior policing is that, because it is perceived as illegitimate and unfair,
  • 9. it encourages its targets to adopt street values. On the other hand, I will argue, the state has the power to increase law's legitimacy by adopting policing practices that are perceived as procedurally fair. In Section IV, I describe in greater detail what a model of community policing that engages young people would look like. Through an examination of novel and promising policing experiments in Chicago and Boston, I will outline the model's core principles. I will also describe some potential pitfalls, and discuss how they might be avoided. I. THE POTENTIAL OF COMMUNITY POLICING A. BACKGROUND TO COMMUNITY POLICING Community policing grew out of a variety of sources,^ but of central importance was the growing consensus in the 1970s and 1980s that police- community relationships in many cities had become untenable.^ Many departments and individual officers had long subscribed to the "warrior model" of the detached, aloof crime-fighter who daily battles the hostile ^ ELIJAH ANDERSON, CODE OF THE STREET: DECENCY, VIOLENCE AND THE MORAL LIFE OF THE INNER CITY 35-65 (1999). * A comprehensive history of community policing has not yet been written. What 1 offer
  • 10. here is a highly truncated summary. Existing historical summaries include Debra Livingston, Police Discretion and Quality of Life in Public Places: Courts, Communities, and the New Policing, 97 COLUM. L . REV. 551, 565-78 (1997), and Maguire & Wells, supra note 1, at 33-39. ' See, e.g.. Jack R. Greene, Community Policing and Organization Change, in COMMUNITY POLicrNG: CAN IT WORK?, supra note 2, at 30, 35 (describing minority communities' alienation from police in the 1960s). 2004] COMMUNITY POLICING 5 enemy—the public.^ Indeed, it was something of a matter of faith in many city forces that citizens were inalterably opposed to the police, and therefore would never cooperate regardless of what the police did. William Westley's 1970 study, for example, found that seventy-three percent of officers believed that the public was "against the police" or "hates the police." Thirteen percent believed that "some are for us, some against us," while only twelve percent believed that the public "likes the police."' Similarly, a Kemer Commission study found that most big city policeman believed that the public saw them as "brutal, annoying, and
  • 11. inconsiderate."'" Community policing gained further support when police officials confronted new criminological findings demonstrating the inadequacy of many traditional police tactics." This research, conducted principally in the 1970s, questioned the value of increasing the number of patrol officers, showed the limited utility of random and saturation patrol, and cast doubt on the efficacy of rapid response to 911 calls. Moreover, it suggested that police officers spent relatively little time fighting violent crime, and instead spent the bulk of their shifts passively patrolling and providing other services. Finally, the research showed that most crimes are not solved by investigation, but rather because an offender is arrested immediately on the scene or the police are given specific identifying information such as a name, address, or license plate number. In total, the research undermined many of policing's core assumptions, thereby creating an opening for reformers to offer new approaches.'^ GEORGE L . KBLLING & CATHERINE M . COLES, FIXING BROKEN WINDOWS: RESTORING ORDER AND REDUCING CRIME IN OUR COMMUNITIES 82-85 (1996).
  • 12. ' WILLIAM WESTLEY, VIOLENCE AND THE POLICE: A SOCIOLOGICAL STUDY OF LAW, CUSTOM AND MORALITY 93 (1970); see also WESLEY G. SKOGAN & SUSAN M . HARTNETT, COMMUNITY POLICING, CHICAGO STYLE 79 (1997) (less than twenty percent of Chicago officers believed that police-citizen relations were very good, about half believed that people do not respect the police, over seventy percent thought that citizens do not understand the problems of the police, and over eighty percent said that most people do not know how difficult the job of police is); JAMES Q . WILSON, THINKING ABOUT CRIME 117 (Rev. ed. 1983) ("The view of many big city police officers seems to confirm the 'war' theory of police-community relations. Data gathered at least as far back as 1960 suggest that most big-city officers see the citizenry as at best uncooperative and at worst hostile."). '" W. Eugene Groves, Police in the Ghetto, in SUPPLEMENTAL STUDIES FOR THE NATIONAL ADVISORY COMMISSION ON CIVIL DISORDERS 103,106(1968). " For a review of the research discussed in this paragraph, see JEROME SKOLNICK & DAVID BAYLEY, THE NEW BLUE LINE: POLICE INNOVATION IN SIX AMERICAN CITIES 3-5 (1986). '̂ Some of the early reform efforts—upon which community
  • 13. policing today is built— include team policing, community crime prevention, problem- oriented policing, and fear reduction strategies. Wesley G. Skogan & Jeffrey A. Roth, Introduction to COMMUNITY 6 JAMES FORMAN, JR. [Vol.95 With crime and fear of crime rising, community relations at a low, and research questioning the efficacy of the current approaches, some within policing circles began to conclude that the warrior strategy was failing.'^ But replacing the warrior strategy required a paradigm shift that was not entirely easy. It meant questioning the entrenched belief that the public— especially minority residents of inner cities—was implacably hostile to the policing enterprise. This required police to recognize that although inner- city residents were more critical than were other Americans, substantial majorities nonetheless held generally favorable views of police.''* Even more profoundly, it meant understanding that even those who were critical did not want less policing—they generally wanted more, and better, protection.'^ As the Kemer Commission found, "[t]he strength of ghetto feelings about hostile police conduct may even be exceeded by
  • 14. the conviction that ghetto neighborhoods are not given adequate police protection."'* The recognition of this reservoir of community support for policing was connected to a broader understanding that even high-crime communities are made up principally of law-abiders. Community policing was built on the import of these findings, and its challenge was to replace the warrior model with one premised on the notion that the police and community could become co-producers of public safety, rather than hostile antagonists." B. DEFINING COMMUNITY POLICING But exactly what is community policing? This definitional issue arises POLICING: CAN IT WORK?, supra note 2, at xviii-xxiii. '^ KELLING & COLES, supra note 8, at 85. '•' SAMUEL WALKER ET AL.. THE COLOR OF JUSTICE: RACE, ETHNICITY AND CRIME IN AMERICA 91 (2000). " For a thoughtful discussion of how black citizens balance the desire for additional police presence with concems about unfettered police discretion, see generally Richard R.W. Brooks, Fear and Fairness in the City: Criminal Enforcement
  • 15. and Perceptions of Fairness in Minority Communities, 73 S. CAL. L . REV. 1219 (2000). '* NAT'L ADVISORY COMM'N ON CIVIL DISORDERS, REPORT OF THE NATIONAL ADVISORY COMMISSION ON CIVIL DISORDERS 307 (1968); see a/50 George L. KeWmg, Acquiring A Taste for Order: The Community and Police, 33 CRIME & DELINQ. 90, 94 (1987) ("Despite the contrary belief of some citizens and police that minority residents do not respect police, the great majority d o . . . . They believe that police have not been a tangible presence, engaged with citizens to develop neighborhood peace and security."). " Cf SUSAN MILLER, GENDER AND COMMUNITY POLICING 194 (1999) ("Community policing programs often adopt the language of the business world, which entails seeing residents as 'customers' who are 'invested' in the joint production of community stability."). 2004] COMMUNITY POLICING 7 because the term has come to refer to a wide variety of police tactics.'^ For Tracey Meares and Dan Kahan, two of community policing's leading advocates, it can mean neighborhood prayer vigils, gang loitering ordinances, and "order maintenance" strategies, in which police aggressively prosecute offenses such as panhandling, vagrancy,
  • 16. or prostitution." In the press, community policing can mean officers playing basketball with kids in housing projects and smiling at babies.^" These tactics, however, are just that—tactics. At its core, community policing is not a set of tactics, but instead is an organizational strategy for running a department. In its most promising form, this strategy has two essential elements. First, it requires that citizens, at the neighborhood level, meet regularly with police to jointly defme neighborhood crime problems and set police priorities.^' This consultation serves four functions: (1) it allows neighborhood residents to express their concems and needs; (2) it gives police a forum to educate citizens about neighborhood crime issues; (3) it allows citizens to state complaints about the police themselves; and '* David Bayley was one of the first to point out that community policing "means different things to different people—public relations campaigns, shopfront and mini-police stations, rescaled patrol beats, liaison with ethnic groups, permission for the rank-and-file to speak to the press, Neighborhood Watch, foot patrols, patrol- detective teams, and door-to- door visits by police officers." David H. Bayley, Community Policing: A Report from the Devil's Advocate, in COMMUNITY POLICING: RHETORIC OR REALITY 225, 225 (Jack Greene &
  • 17. Stephen D. Mastrofski eds., 1988). More recent evaluations of community policing indicate that Bayley's analysis remains true today. See Jeffrey A. Roth et al.. Trends in the Adoption of Community Policing, in COMMUNITY POLICING: CAN IT WORK?, supra note 2, at 4 ("Reasonable people could (and still do) argue over" the proper objectives and strategies of "real community policing."); Skogan & Roth, supra note 12, at xvii (Although "police chiefs report that they are moving toward" community policing, "[w]hat they say they are doing when they do community policing varies a great d e a l . . . . " ) ; see also Michael E. Buerger, The Challenge of Reinventing Police and Community, in POLICE INNOVATION AND CONTROL OF THE POLICE: PROBLEMS OF LAW, ORDER AND COMMUNITY 103, 104-5, 108-11 (David Weisburd & Craig Uchida eds., 1993). " Kahan, supra note 3, at 1527-30 (order maintenance strategies); Meares, supra note 3, at 1612-19 (prayer vigils); Tracey L. Meares & Dan M. Kahan, Law and (Norms of) Order in the Inner City, 32 LAW & SOC'Y REV. 805, 819-21 (1998) (gang loitering ordinances). ^° Michael Massing, The Blue Revolution, THE N.Y. REVIEW OF BOOKS, NOV. 19, 1998, at 32, 33 (describing 1996 Time Magazine cover story). ^' LORIE FRIDELL ET AL., POLICE EXECUTIVE RESEARCH FORUM, RACIALLY BIASED POLICING: A PRINCIPLED RESPONSE 100 (2001) ("Police department efforts to provide significant means for community input into police operational
  • 18. and policy decisions are the backbone of community engagement."); Maryann Wycoff, The Benefits of Community Policing: Evidence and Conjecture, in COMMUNITY POLICING: RHETORIC OR REALITY, supra note 18, at 103, 105 ("It is the commitment to listening to citizens (as opposed simply to talking to them) and to taking seriously citizens' definitions of their own problems that distinguish the better programs of today from 'community- relations' programs ofthe 1960s and 1970s."). 8 JAMES FORMAN, JR. [Vol.95 (4) it gives police a chance to report back on what actions they have taken and what successes (or not) they have had.'̂ ^ The second critical element is that, citizens, again at the local level, take responsibility for helping to address the problems that they have identified.'̂ ^ The distinctiveness of my definition becomes clear when it is contrasted with how others have described community policing. Consider, for example, David Cole's account: [Community policing], already under way in many departments across the country, tries to make the police an integral part of the neighborhoods they serve through more decentralized police stations, more foot patrols, and regular meetings with citizens in
  • 19. the community. Where such programs develop effective channels for communication between the police and the community about their respective needs, the programs can play an important role in restoring corrununity trust and overcoming the adversarial relationships too many police departments have with disadvantaged communities.̂ ** In Cole's account, no one "channel of communication" is regarded as primary. What's said at "regular meetings" is not necessarily more significant than what is said when officers talk to citizens while on foot patrol or informally at decentralized police stations. In my account, by contrast, these informal contacts matter,^' but formal, deliberative meetings between police and community residents are the heart ofthe matter.^* Chicago, which I will discuss in additional detail in Section IV, has ^̂ Maguire & Katz, supra note 2, at 510-11. ^̂ KELLING & COLES, supra note 8, at 168; William Geller, As a Blade of Grass Cuts Through Stone: Helping Rebuild Urban Neighorhoods Through Unconventional Police- Community Partnerships, 44 CRIME & DELINQ. 154 (1998); Wesley G. Skogan, The Community's Role in Community Policing, NAT'L INST. OF JuST. J., AUG. 1996, at 31, 34.
  • 20. ^̂ COLE, supra note 4, at 192-93. •̂ ' See infra text accompanying notes 76-78. *̂ Many police programs that call themselves community policing do not systematically involve community residents in the process of establishing policing priorities and tactics. Jeffrey Fagan and Garth Davies have argued that the New York Police Department abandoned such a community-centered practice in favor of one where community needs and standards were defined by police leadership, relying on a sophisticated data driven management accountability system known as Compstat. Jeffrey Fagan & Garth Davies, Street Stops and Broken Windows: Terry, Race and Disorder in New York City, 28 FORDHAM URB. L . J. 457, 472 (2000); see also Skogan & Roth, supra note 12, at xxiii ("New York's model also did not feature any community input into identifying problems or setting police priorities, ignoring the concept of partnership that figures so prominently in the community policing paradigm."). Michael Buerger warned that such an approach is not atypical; too often community policing "is no more than a unilateral police decree, defining the police relationship to the public in symbolic form only, without any necessary change in police practice or structure." Buerger, supra note 18, at 105; see also Greene, supra note 7, at 50 (warning that police may not have changed their practices, but instead "effectively repackaged their efforts with a community and problem-oriented label").
  • 21. 2004] COMMUNITY POLICING 9 perhaps the most thoroughly developed (and thoroughly evaluated) community policing program. In the Chicago Altemative Police Strategy (CAPS), community policing is implemented principally through "beat meetings," v '̂here citizens and police from a particular neighborhood meet regularly to discuss and define community crime and order problems. In addition, Chicago employs "District advisory committees," where selected neighborhood representatives meet regularly with District commanders to discuss neighborhood conditions and police responses.^^ As I have mentioned, a variety of tactics can emerge from this organizational strategy. For example, citizens often say what matters most to them are neighborhood disorder issues—which can include anything from abandoned cars to rowdy teenagers. In other neighborhoods, the problems might include loitering outside an un-staffed recreation center, chronic drug dealing on a particular comer, or unsolved robberies.^^ Sometimes citizens wish to complain about the tactics of individual police officers, including racial profiling, stopping of innocent young people in the neighborhood, or disrespecting neighborhood residents.^' In
  • 22. each of these cases, community policing gives citizens a way to raise these issues directly with police and one another, a process for collective deliberation, and a mechanism to prompt both govemment and collective community action.^" C. COMMUNITY POLICING AS REGULATION This description of community policing highlights one of its greatest, and at the same time most underappreciated, virtues—it provides a way to achieve meaningful community-based regulation of a broad swath of police conduct. Such community-based regulation is not the only way to influence police behavior; indeed, it has not been the principal mode of regulation with which the legal academy has been interested. The focus of the legal scholars has traditionally been on what I call the "judicial control" model of regulating police. But I will argue here that community policing has the potential to regulate police more effectively than does the traditional model. ^̂ SKOGAN & HARTNETT, supra note 9, at 110-60. ^* ARCHON FUNG, EMPOWERED PARTICIPATION: REINVENTING URBAN DEMOCRACY 153- 58, 179-210 (2004) (describing beat meetings in three Chicago neighborhoods). •̂ ' Jenny Berrien & Christopher Winship, An Umbrella of
  • 23. Legitimacy: Boston's Police Department-Ten Point Coalition Collaboration, in SECURING OUR CHILDREN'S FUTURE: NEW APPROACHES TO JUVENILE JUSTICE AND YOUTH VIOLENCE 200, 216 (Gary S. Katzmann ed., 2002); Jeffrey Fagan, Policing Guns and Youth Violence, 12 CHILDREN, YOUTH, AND GUN VIOLENCE 133, 137(2002), a? www.futureofchildren.org. '" This process does not always work equally well. In Section IV, I discuss institutional arrangements that impact the effectiveness of this process. 10 JAMES FORMAN, JR. [Vol. 95 The judicial control model of regulating the police is premised on judicial oversight of police-citizen contacts, principally through enforcement of the Fourth Amendment's prohibition against unreasonable searches and seizures.^' Defenders of the judicial control model typically criticize the post-Warren Court for cutting back on Fourth Amendment protections, and argue that police over-reaching and abuse requires more vigilant judicial enforcement ofthe Fourth Amendment.^^ This approach has not gone unchallenged. Some of community policing's staunchest defenders take the opposite perspective, arguing that pervasive judicial regulation has hamstrung police, who they
  • 24. say need more discretion." George Kelling, for example, says that community policing is "inherently proactive," and that such a preventive approach to crime fighting has inevitable consequences for police departments and local govemments. The main consequence is that police strategy shifts from a reactive and inherently passive model to a preventive interventionist model that reopens policy issues about police handling of the homeless, drunks, drug dealers and users, the emotionally disturbed, and minor offenders that many believed had been addressed once and for all during the period following the 1960s. This strategic change takes police to the edge, or even over the edge, of constitutional law—at least as it has been interpreted over the past 30 years. Though I am advocating a form of community policing, I do not do so on the grounds that police need license to go "over the edge . . . of constitutional law."^^ I do not share the view of community policing " There are innumerable examples of this approach. Some of the most thoughtful include BERNARD HARCOURT, THE ILLUSION OF ORDER (2001); Albert W. …
  • 25. Mass Incarceration and the Prison Industrial Complex Amber Edwards Sco 102 Instructor: Craig Allen 5/3/2020 Mass Incarceration and the Prison Industrial Complex The United States experienced stability in the rates of imprisonment from the year 1920 to early 1970s. However, that has changed over the past four decades considering that the rates of imprisonment have multiplied. Currently, the United Sates has over 2.2 million incarcerated adults which is by far the largest population globally. The rapid increase of incarceration in the US for the past four decades has prompted various critiques including the question as to why there is a large population of incarcerated citizens. The aim of this paper is to argue on the ethical issues existing
  • 26. with the mass incarceration particularly the breaches that occur minus ethics. Also the paper will discuss the constitutes of ethical behaviour within the U.S system by using Utilitarianism, Ethical Egoism, Deontology which will shed light on the concerns of mass incarceration as well as the prison industrial complex. Incarceration is among the most applicable strategies to handle social issues which act as an interference to the poor. Generally, the problems are joined together and defined as crime. The most targeted population in this case are people of color (Wagner & Sawyer, 2018). Some of the impacts of the increased rates of incarceration are homelessness, drug addiction, mental illnesses, unemployment and many more. Generally, prisons do not make the social issues or crimes go away rather, they make people disappear. The practice of making people disappear away from immigrants the poor as well as racially marginalized societies has currently become a business. The increase in the rates of imprisonment is among the most systematic applied government social program in the contemporary world. However, issues such as criminalization, social profiling and mass imprisoning of people of color is the main challenge in the criminal justice system. Another ethical concern is making mass incarceration a source of income or rather a business. Prison privatization is also another ethical concern which is the capital’s contemporary movement in the prison industry. Generally, government run prisons are typically in gross violation particularly in international human rights standards making the private prisons less liable. Incarceration is nothing less than slavery considering that a large number if these inmates offer labor services to a country without a living wage, bargaining power of even labor protections. Generally, labor is the only thing the imprisoners can withhold. The breaches of ethics in slavery, racial profiling and using incarceration for profiting purposes in the prison industry are too much. Among the ethical breach that is reflective is the health in the system. Both mental and physical health of the
  • 27. inmates is a primary concern considering that a large number of the inmates suffer from chronic diseases, mental illness and even infectious diseases in comparison to the normal population. Besides, thousands of inmates released in the community every yearly have been reported to have an untreated communicable health condition or even an undiagnosed health concern. A large percentage of state prisons do not have a complete and reachable data concerning the health status of their inmates. The worst part is that, prisoners with mental illnesses tend to serve longer sentences with more disciplinary problems as they serve their sentence. Prisons should therefore have essential mental and medical care that is required by inmates because they end up suffering more painful symptoms as their health condition worsens. The act of America’s prison system applies with the ethical perspective of Ethical Egoism considering that they are overly imprisoning their citizens with unsuitable justification that supports their action. Besides, private capital has been involved in the punishment industry which is all because of the profit potential making incarceration which has significantly impacted the U.S economy. Based on research, WCC increased its revenue from $138million to $210 million in the year 1997 (Wildeman & Wang, 2017). In comparison to the public correctional facilities, the increased profits in the private centres majorly depend on non union labor. There have been numerous studies on whether the rates of crime have reduced over the past few decades due to mass incarceration and based on research, incarceration has resulted to an increase of crime in most states. Mass incarceration is unethical in one way or another considering that it causes more harm on the community than good. According to the utilitarianism theory, a deed is considered ethical when it produces more good for a large population of people (Bonnemains, Saurel & Tessier, 2016). Thus, mass incarceration is against the utilitarianism theory. America should consider both Deontology and Utilitarianism
  • 28. ethics since they both provide insight of what is considered moral or not. Mass incarceration in that case is not an ethical standard since most people are racial profiled while other have been sentenced for crimes they did not even commit. Deontology theory on the other hand states that people are morally obliged to act in accordance of the set principles irrespective of the results. Prisoners face numerous health challenges including facing violence and injuries in prisons. Crime is just an excuse for the mass incarceration and breaking ot not practising ethical behaviours in prisons. For this trend to change, America must change its ethical standards and views first. References Wagner, P., & Sawyer, W. (n.d.). Mass Incarceration: The Whole Pie 2018. Retrieved from https://www.prisonpolicy.org/reports/pie2018.html Wildeman, C., & Wang, E.A. (2017). Mass incarceration, public health, and widening inequality in the USA. The Lancet, 389, 1464-1474. Bonnemains, V., Saurel, C., & Tessier, C. (2016). How Ethical Frameworks Answer to Ethical Dilemmas: Towards a Formal Model. [email protected].
  • 29. International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 123 The current issue and full text archive of this journal is available at: http://ijebcm.brookes.ac.uk The holistic effect of police officers mentoring ‘high risk’ youth Annita Clarke, Luton, UK Contact: [email protected] Abstract This article reports on an Interpretive Phenomenological Analysis study that provides a description of the experiences of a sample of college students who were mentored by police officers. It includes an account of personal motivation for the topic and the features of the investigation, specifically with regard to academically underachieving youth. Throughout the study, there was a heavy concentration on any ‘high risk’ circumstances present and their possible influence. The article provides a brief description of findings to illustrate the holistic effect of the mentoring journey and concludes with the limitations of the study and the implications for practice and further research.
  • 30. Key words: interpretive phenomenological analysis, police officers, high risk, youth mentoring. Introduction I have been a police officer for over 28 years, with the majority of this time spent dealing face to face with either perpetrators or victims of crime. I have always been motivated by the need to understand why people make the choices they do, but also what I could do to enlighten them about the range of options they may not have considered. I could debate the nature verses nurture issue of the environmental factors of the child, ‘creating’ the anti-social and criminal enterprise driven youth and I have seen evidence of this, as learned behaviour from an unfortunate or inherently criminal family is undeniable (McCord, 1991), however, I have also seen the autonomous youth who have made positive choices and succeeded on all levels in spite of their socialisation and familial antecedents. I would humbly say that I would include myself in this statistic. The HM Government paper 'Every Child Matters' (DoH, 2003) leading to the Safeguarding Act of 2013 delves deeper in respect of the vulnerability inherent within their environments and the increased risks associated to these situations, proposing that children or youth are susceptible to radicalisation or mental health symptoms and that they could be groomed into sexual exploitation, prostitution, drug taking and other criminal activity. So the question for this research was ‘how can we reach out to out to those youth who could be viewed as ‘lost’ to society, because they are failing either academically or behaviourally to conform’?
  • 31. Within any role we play, there few substitutes for one to one relationships where positive regard (Rogers, 1986) is a factor. My operational experience has taught me that the exposure to role models and personal attention from an influential adult is minimal for youth as a target group, and that the impact of introducing personal attention can be monumental. This view is evidenced within the comprehensive work by Muncie (2014, p.100) where he references Durkhiem’s ‘Normality of Crime’ theory. This is also supported by Kornblum (1985) in his 'Growing up Poor' study, where he identified the influential nature of mentors. Congruent findings were produced by Werner and Smith (1982) where high risk children were studied. Rutter (1987 p.237) argued that at-risk children with one good relationship were less likely than others to develop conduct disorders. The impact of this absence of an influential adult role-model cannot be measured as there are too many other factors which could International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 124 The current issue and full text archive of this journal is available at: http://ijebcm.brookes.ac.uk
  • 32. influence the outcome (Muncie, 2014). However, the introduction of a positive intervention, such as mentoring for these young people could provide subjective data which may indicate an effect for them as individuals (Smith et al., 2009). The introduction of police officers as mentors was a considered choice as it is unknown how their inclusion would affect the development a trusting relationship. Drury (2003) provides research indicating an individual-blaming agenda and power-play for the lack of ability to communicate from both the adult and youth perspective. Within this study, Drury argues that stereotypes of the adult mentor from the adolescent mentee perspective and visa-versa, are depicted as often detrimental for the development of relationships. The youth were expected to be hostile, sullen and unforthcoming with adults failing to listen to them, and needing only to get their own message across. However, police officers interviewed by Drury and Dennison (2000) as part of an original study, stated, they aimed to be honest, open and not talk down to adolescents, interpreted by Drury and Dennison as an effort to gloss over the power difference by treating adolescents as equals. This is supported by Michael and Mehrota (2015), who also discuss the need for symbiosis in the relationship and the need for an absence of a power ratio creating an authentic youth/adult relationship. Conversely, DuBois (2002) suggests that professional people who are already in helping or supportive roles may have a greater insight in relation to their own attitudes, ability to
  • 33. reflect and better able to listen and tolerate difficult feelings. The specific police force within the study has faced immense pressure to work further with the communities it serves in recent years (5-year Strategic Policing Plan). The diverse political and religious nature of the communities served provides their own challenges (Community Tension Survey- confidential document). These are played out in local and national media, where the police are depicted as robustly managing warring factions of protesting groups (Bedfordshire on Sunday, 24th November 2014). As a separate community issue, but no less concerning has been the continuing gun crime within the town where over the last 4 years there have been numerous shootings resulting in a number of fatalities, mainly involving teenage gang members (BBC news report, 15/05/13). I felt that possible positive interventions could be explored in an attempt to prevent the seemingly natural progression of youth from the disenfranchised, failing student to potentially committing violent and criminal activity (Lakind & Atkins, 2015, Carb & Matjasko, 2012). I decided to concentrate on identified disenfranchised 6th form college students in my research and both in the spirit of Interpretive Phenomenological Analysis (IPA) but also with reference to an empirical gap I identified in the literature (Smith et al., 2009). My aim was to provide the youths who were mentored by police officers with a voice throughout and to chronologically signpost any effects or impacts they had recognised from their personal reflections
  • 34. of their mentoring journey. It was evident from the initial interviews I held with each of the five students that there were factors or circumstances within their environment or physical or psychological being that constituted ‘high- risk’. Lloyd (2013) talks about the detrimental effects of poor health and well-being, suffering bullying and poor educational aspiration and achievement as a direct consequence of this familial situation. It would be correct to say that all of these factors were represented to a greater or lesser degree within these initial discussions. The social world of adolescents has changed, as have the recognised added responsibilities and types of negative influencers they may be vulnerable to (Pittman, 2012; Beier et al, 2000). Although generalisation is vital in research to identify trends and patterns of behaviour, an individual’s attitude and internal meaning-making can alter dramatically depending on their own experiences and socialization as has been seen within Beiers (2000) study. Explaining the limitations of youth mentoring when supporting high risk individuals, Rhodes (2002; p. 255) suggested that 'mentoring International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 125
  • 35. The current issue and full text archive of this journal is available at: http://ijebcm.brookes.ac.uk programs have proven that they can powerfully influence positive development among youth'. It is this positive change that maintains a commitment to youth mentoring of high-risk groups is fundamental, considering the lack of personal positive influencers in their lives as described by Lakind and Atkins, (2015). These authors also provided an outline of the types of youth who would be considered to be 'high-risk', including those who are affected by poverty, unstable housing, unemployment and family composition. As already emphasised mentoring cannot be the remedy to the youth situation as a whole, but there has been research produced highlighting that that the personal growth and ability to make decisions as a result of the one to one sessions in an adult/youth mentoring relationship can reduce the likelihood of problems associated with transitions into adulthood (Simmons et al, 1973). These relationships can be separate or additional to recognised relationships with parents and teachers (Hope et al, 2013: Schwartz et al, 2012). This article will continue with my motivation for beginning and continuing the research. A year on and the mentoring programme is now in its second successful year at the same college. An examination of the gaps in the empirical literature provides further motivation to examine the possibilities behind this process. I will also compare three
  • 36. methodologies, identifying the reasons why IPA was chosen. I will describe the sample subjects, who they were and why they were chosen for this study. Once the foundations of the study have been identified, I will work through the study itself, my reflections, the identification of the subordinate themes and discuss any links between the students’ experiences of the mentoring and their journeys through college. All of this information will then be drawn into the conclusions and finally any limitations and my own reflections. My motivation for the subject It would be difficult to provide a personal context to this research without first outlining my empathy to the students included within it. The students chosen for this programme are all academically struggling for various reasons, a position I can remember occupying throughout my school and college years. I was deaf and attended a school for the hearing impaired until I was 8 years old. Once allowed to attend state school, I was quiet, lacking in confidence, bullied and unable to contribute in class. Until the age of 12 years, I was also kept off school, as a young carer, looking after my father who had multiple sclerosis. Although with surgery, my hearing improved, and my father sadly died when I was 12 years allowing me access to more school hours, but I did not extend my educational attainment and scraped through my 'O' and 'A' levels. Determined to do something useful in my life, I joined the
  • 37. police but have never forgotten what it was like to be that struggling student at the back of the class. Having been a successful police officer for 28 years, promoted to the rank of Inspector, I know that change can happen. It is determined by self-will, values and experiences but can be affected by those around us, who can influence our thoughts and behaviour. Existing gaps in the literature It appears that there is a need for more empirical research which concentrates on the experience of the mentee, providing a more holistic account of their environment, health and well-being, familial circumstances and academic attainment (Schwartz et al, 2012, Fazel et al, 2104) and the overall effect of the mentoring process. The positive effects of mentoring have been suggested to require the mentee to have the capacity for meaning-making and be receptive to mentoring (Cox, 2003, DuBois et al, 2011; Tolan et al, 2013). These effects are also reliant on their external social influencers and the subsequent internal attitude and value formation being compliant with the intervention for it to be accepted by the adolescent (Baxter-Magolda & Porterfield, 1985). It could be argued that what International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 126
  • 38. The current issue and full text archive of this journal is available at: http://ijebcm.brookes.ac.uk contributes to youth vulnerability irrespective of their external circumstances is their internal lack of self-esteem (Schwartz et al 2012, Hope et al, 2013, Giunta et al, 2013). This lack of personal regard and confidence in one’s self and own abilities has causal links to delinquency, poor academic attainment and risky behaviour (Lakind & Atkins, 2015, Carb & Matjasko, 2012) and although their links have been established as present, the order in which they appear is impossible to predict. Over the last two decades there has been more empirical literature exploring the goals and outcomes of youth mentoring (Meier, 2008, Fletcher & Mullen, 2012, Slack et al, 2013, DuBois & Karcher, 2014, Aderibigbe et al, 2014, Lakind & Atkins, 2015). The progression of youth mentoring appears to be in response to various educational, societal and economic changes and the development of social awareness regarding the impact of these changes on young people (Rustique-Forrester, Riley, 2001; Balogh, Mayes & Potenza, 2013). Despite this, a lack of empirical concentration on the holistic meaning-making of the youth during and post implementation of a mentoring intervention reveals a gap in ascertaining the personal experience of young people participating in mentoring programmes – a gap which this study seeks to address.
  • 39. Acknowledging that a mentor requires enhanced communication skills and some appreciation of the application of empathy, I have suggested that police officers may provide an underused and under- researched resource for this type of mentoring, This detail indicates that not only do the officers have the ability to converse and develop essential emotional intelligence required for a successful mentoring relationship, they have the experience and ability to tolerate the difficult feelings that may be discussed by the high-risk youths. They also belong to a culture where development by this method is common-place. Police officers are continually assessed and expected to develop within their roles. Methodology The interpretive idiographic viewpoint in a research setting includes the researcher’s values, prior knowledge and interpretations of meaning and personal understanding (Smith et al., 2009). Thus, acknowledgement of the researcher’s interpretation is essential for establishing the required validity of the research. It is also important to recognize that the aim within the phenomenological method of inquiry is to obtain insight into participants’ experiences, by enabling participants to reflect within that experience during the research (Husserl & Solomon, 1927). As this study was dependent on the interpretation of the meaning-making from the students contributing, it was vital that the approach would support the open discourse required for personal and subjective disclosure of individual thoughts, feelings and values. It is for this reason that a
  • 40. phenomenological, interpretive approach seemed to be the best fit (Smith, 2007; Lopez & Willis, 2004) in terms of the research paradigm adopted. Supporting the hermeneutic, phenomenological approach, the interview questions were semi- structured (Smith et al., 2009). This enabled individual meaning-making from the subject and subsequent reflection and interpretive reflexive practice in terms of the process within the interpretive phenomenological analysis principles. The principle aim in hermeneutic approaches within qualitative research is to explore and analyse the 'life-world' of people using non-directive interview techniques to collect information (Smith et al., 2009). This viewpoint is pertinent within the youth environment, the idiographic influences such as peer pressure, academic expectations, cultural and religious norms and stereotypes of those involved as relevant frames of reference must be considered (Muncie, 2014). This premise supports the motivation research linked to the self- determination theory conducted by Standage, Duda and Ntoumanis (2005). International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 127
  • 41. The current issue and full text archive of this journal is available at: http://ijebcm.brookes.ac.uk Due to the underpinning interpretive philosophy, knowledge obtained can be difficult to validate in forms of natural science and from a purely scientific viewpoint (Yardley, 2000). Reflecting on the purpose of the research, it is essential that the current research explores the meaning placed on the experience of mentoring by the young people themselves. For this reason interpretive phenomenological analysis seemed most appropriate (Smith et al., 2009). There are other methods of data collection and analysis within the qualitative field and others were considered prior to choosing IPA. The most obvious competitor to IPA was the case study methodology (Yin 2013), as it also involves the 'in-depth' exploration of the individual’s experience, generating data via similar methods as IPA. However, this methodology was discounted for this current research as the concentration of the findings would be on the processes within the organisation case or project and the transferability of the model to similar organisations. Another possible option for the research was an action research methodology. This again, is process driven and would struggle to provide the depth of analysis required when the subjective meaning placed on the mentoring received by the college students is pivotal to the findings. Sample selection The college concerned has an overall attendance of 2,700
  • 42. students, 120 of which are within the cohort of those struggling academically. The selected sample was a purposive and homogeneous cross section of those within a particular cohort of students within a specified academic year at this particular sixth form college. Therefore, all of the participants were selected as they provided a perspective relevant to the phenomenon being studied. Within the mentoring programme where young people are supported by police officers, 25 students were mentored albeit only five students were chosen for the research process, as IPA requires small numbers of subjects to allow for in depth analysis to be performed (Smith et al., 2009, p. 51). Participant details are included in Table 1. This core group of 25 students who were provided with the mentoring opportunity, allowed for substitutes to be identified should any of those being interviewed leave the programme for any reason. Table 1. Participants International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 128 The current issue and full text archive of this journal is available at: http://ijebcm.brookes.ac.uk
  • 43. To achieve the in-depth understanding of their mentoring journeys, I interviewed the five students more than once. This research allowed for me to use the individual disclosures within the first interviews to direct me towards possible thematic concepts for the second and third interviews. (Smith et al., 2009). Access to the students was subject to the safeguarding principles related to the Prevent strategies of 2013. As the decision was made by the college that the police officers contributing their time to this programme would not be DBS (Disclosure and Barring Service) checked, there was a need to facilitate the mentoring process by enabling this to take place in the sight of a supervisor or tutor. On some occasions, this would include having the mentoring within the classroom itself, where the class mates of the mentee were. The researcher interviews were conducted in a separate room as I am DBS checked and could be left alone with the students whilst being entrusted to uphold the relevant safeguarding principles (DoH, 2003). Utilising the six principles of qualitative research analysis (Smith et al., 2009), I identified step by step how the IPA methodological criteria had been achieved through familiarisation, coding, searching for themes, reviewing the themes and looking for connections, emerging themes, moving to
  • 44. the next case, and writing up, identify patterns across the cases. In line with IPA, I analysed each individual’s experience before undertaking the thematic comparison. This consideration provided a phenomenological journey of the mentoring process and a subsequent detailed analysis to be conducted, providing a useful conclusion and theoretical links to previous relevant studies. A similar process was used to exemplify adherence to Yardley's model of validity (2000). Researcher’s reflexivity and data analysis I chose not to take notes during the three interviews with each student as I wanted to listen intently to the responses provided without distractions. It was also vital that there was no disturbance to the participants’ flow. I have kept a continual personal account of the dynamically unfolding process. The subjective engagement with the process was challenging when the obvious requirement for objective reasoning was evident. To enable this to be achieved in line with Smith et al. (2009), and maintaining IPA principles by providing additional data analysis reflexivity, I made extensive notes following each interview, acknowledging the influence that my own assumptions, values and experience may have to my interpretations (Gilgun, 2010). By doing this it has also enabled me to understand Gilgun’s (2010, p.173) phrase, 'we are often unaware of what we think, believe and the implications until we write about them and discuss them with others.' These notes provided a social mirror in terms of my own bias, prejudice and barriers to objectivity. Having received the completed transcripts, I read them line by line whilst listening to the intonation of the voices to attempt to
  • 45. interpret the tiniest nuance for each of the students. This was incredibly valuable and enabled me to provide a more complete picture of both the person but also the journey they were on. It also enabled me to comprehensively identify the confidence, self-assuredness and clarity of direction and choice gained through the mentoring process. Identification of subordinate themes It was evident within the initial reading of the transcripts that there were emergent themes for each subject. These created a journey of development, recognition and potential opportunities facilitated by the introduction of the mentoring process. By maintaining the identified themes within an individual mind map, relating to one person’s journey, I was able to plot in a pictorial format, the holistic effect of mentoring for each of the students. The data from the interviews remained consistently denoted across the mind maps in the same colours e.g. 1st interview was in red pen, 2nd in International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 129 The current issue and full text archive of this journal is available at: http://ijebcm.brookes.ac.uk
  • 46. blue and 3rd in green. This enabled any patterns of behaviour or experience to be identified across the 5 candidates, creating themes (see Figure 1). Figure 1. Example Mind Map These themes were then paralleled across the experiences and meaning making of all five students, culminating in the identification of the three concept themes providing the foundation of the overall research analysis. I will provide an outline of each of these concept themes and proceed later to offer a more contextualised account of each theme. Findings - Concept, Emergent and Subordinate Themes Three key themes emerged across the participants; The authentic self, Education and aspiration and Police officer mentors as represented in the figure below (see Figure 2). Theme One – The Authentic Self It was clear throughout the interviews, that the students had an appreciation and an understanding of their authentic selves which appears to work alongside the façades created for a myriad of situations including: to hide disappointment or nervousness or created to attempt to fulfill the expectation of others. When asked about the impression he made on others, Shah in his first interview, described himself as, ‘a joker, or a clown.’ He acknowledged that he needed to be more mature and
  • 47. ‘calm down a bit and joke around,’ but his friends, ‘…. are used to a funny guy.’ For Kevin, his dyslexia has often impacted on his confidence, when describing himself he says, ‘I would say sporty, funny, sociable. I wouldn’t put academic because I know I’m not.’ Carols lack of confidence has been the result of years of bullying in High school, ‘in a classroom, I just feel like I’m being judged.’ International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 130 The current issue and full text archive of this journal is available at: http://ijebcm.brookes.ac.uk There was some division in these different personas of the individual interviewed but the overlap was hazy, causing confusion and sometimes frustration as they attempted to separate themselves from their perceived unsuccessful self, and emerge as the mature and potentially successful self. Their lack of confidence was an unvarying barrier to accepting this potential outcome. There was a suggestion from the students that the police officers may provide the panacea for this lack of confidence. Usman,
  • 48. in his first interview, had high hopes for the mentoring and the impact of the process, ‘I think the police officer might help me to develop as a person and develop my confidence.’ Theme Two – Education and Aspiration Pivotal to this theme was the reflections on their situations which provided an opportunity for the individual students to assess their current position and reflect on the circumstances or behaviour which resulted in their present station. There was a consistent theme highlighted amongst the majority of those interviewed of regret, internalising the blame for their lack of success in their GCSE results. This negative emotion, compounded by their continuing GCSE pressure in college and the psychological impact of self-fulfilling prophecies in terms of expected outcomes of current studies and potential aspirational levels have impacted on all interviewed. Kevin in his first interview, eloquently described his self-disappointment, ‘I was pretty angry at myself because I – not angry at myself but I know mum had high expectations, high hopes for me…’ This was countered with the improvements made within his performance as Kevin reported in his last interview, held post mentoring that, ‘…before mentoring, I used to get Ds, now I’m getting Cs and pushing to get Bs. She even gave me a merit in art.’ For Usman, his lack of self-confidence was a barrier to success, ‘I think I was nervous from the inside and I think that stopped me from being confident.’ With Usman, he was so softly spoken initially that I had to ask him to sit closer to the
  • 49. microphone so that his voice would be recorded. By the third interview, I had learned to move the microphone to a normal distance. His posture had changed and although he didn’t yet command the room, you could now tell he was in it. Figure 2. The three themes MEANING MAKING Stages of coding Concept Themes Category -Clusters Themes Emergent Themes Theme 1 The authentic self
  • 50. The real me The divided self Transformation Confidence and self-worth High risk antecedents Theme 2 Education and Aspiration Why am I in this position? Experience shaping outcomes Misguided priorities
  • 51. Learning Difficulties Theme 3 Police officer mentors Expectations of the relationship, the reflective journey and the personal effects of the process Positive attitude Limitations of the process International Journal of Evidence Based Coaching and Mentoring Special Issue No. 11, June 2017 Page 131 The current issue and full text archive of this journal is
  • 52. available at: http://ijebcm.brookes.ac.uk Theme Three – Police Officer Mentors Within the initial interviews, it was clear that the majority of the expectations of the … America's New Criminal Justice System Diversion Program, the Community Acceptance Program Peterson, Scott B 1 ; Burnett, Arthur L, Sr 2 ; Halstuch, Jonathan A 3 1 hief executive officer at Global Youth Justice Inc.sustainable, and volunteer-driven models to 2 has the distinction of serving as America's first African American United States magistrate judge, as the lead judge of the Superior Court of the District of Columbia in dealing with children and youth juvenile and welfare issues, and now as vice-president of Global Youth Justice Inc. 3 cofounder and chief technology officer at the CyberConverged data security corporation RackTop Systems Inc., a volunteer in one of the US's earliest youth courts, and board chairperson for Global Youth Justice Inc. . Criminal Justice ; Chicago Vol. 34, Iss. 4, (Winter 2020): 23-25.
  • 53. ProQuest document link ABSTRACT (ENGLISH) Despite no federal support, and little state support over the past 25 years, these local youth/teen/student/ peer court and peer jury diversion programs have rapidly been expanding across the US, and have emerged as the most replicated juvenile justice diversion program in the US since the first juvenile court in Cook County, Illinois, in 1899. The CAP will address multiple issues and problems to include reducing court dockets, expenses of court proceedings, expenses for law enforcement activities, and the alarmingly high arrest and incarceration rates in the communities, as well as improving the credibility of our courts and justice system through active citizen participation. An admission of guilt is required for acceptance into the CAP. [...]the CAP operates as a sentencing hearing, as opposed to a trial, which would have been utilized to determine guilt or innocence. The CAP will improve and enhance the community by: (1) reducing the backlog and case docket of adult criminal cases; (2) providing an alternative to arrest, conviction, and incarceration; (3) offering a civic approach to a fair process for
  • 54. imposing an additional sanction other than more formal criminal justice involvement; (4) reducing the economic disparity associated with the disproportionate confinement of indigents and minorities; (5) reducing the effects of a negative stigma individuals often acquire after being labeled a convicted criminal and/or experiencing confinement; (6) sending a message that every crime will result in a consequence; and (7) increasing satisfaction of local law enforcement given that their arrests are not plea bargained out with little or no sanction imposed. [...]the CAP will address some of our society's upcoming demographic challenges. FULL TEXT Despite decades of unanimous support, advocacy, funding, and justification for more criminal justice system diversion programs in the United States, there have been few new authentic diversion programs established, and none of them have proven to be scalable on a state or national level. Unlike specialized courts such as drug court, authentic diversion programs are not a court, and they can be established locally in lieu of arrest, bail, jail, or conviction, and used to avoid a criminal record. Recognizing the need for criminal justice system reform, and the absence of a sustainable, affordable, and
  • 55. scalable criminal justice system diversion program, efforts began five years ago to remedy this situation. In 2014, conceptualization, development, and design began on a new front-end local criminal justice system diversion program to be called the "Community Acceptance Program" (CAP). The CAP will be for adults age 18 and older who have committed minor crimes, offenses, and violations. Local communities will determine if an adult offender is https://search.proquest.com/docview/2389218485?accountid=33 337 https://search.proquest.com/docview/2389218485?accountid=33 337 eligible to proceed in the CAP for a second or even third time, based on the criteria they establish for this criminal justice system diversion program. Modeled on Existing Youth-Led Diversion Programs Recognizing the considerable benefits a viable diversion program could have on a local, state, and national level, for purposes of immediate and longterm criminal justice system reform, organizers behind the development of this CAP looked to the US's existing youth-led and volunteer-driven youth justice diversion program called youth/ teen/student/peer court and peer jury, established over 25 years
  • 56. ago and now in more than 1,800 local communities in 48 states, the District of Columbia, and at least 10 tribes. This innovative youthled youth justice diversion program is not only a textbook example of a local grassroots movement in America, but it also has spread to 10 other countries, and is referred to as an excellent example of "access to justice" and "peoplecentered justice." Just like in America, adults from the legal community outside America are driving the local expansion of these youth-led diversion programs, which is commonly referred to as the Global Youth Justice Movement. Despite no federal support, and little state support over the past 25 years, these local youth/teen/student/ peer court and peer jury diversion programs have rapidly been expanding across the US, and have emerged as the most replicated juvenile justice diversion program in the US since the first juvenile court in Cook County, Illinois, in 1899. Just like youth/teen/student/peer court and peer jury diversion programs, the CAP will utilize the same volunteer- driven programmatic design, which is affordable, scalable, and sustainable. There is considerable interest in implementing the CAP in many of the communities already operating a youth/teen/student/peer court and peer jury, which will likely fuel the rapid local expansion of the CAP
  • 57. in America. Structure and Benefits of the Community Acceptance Program Local communities will determine if the CAP will be a voluntary or an involuntary criminal justice system diversion program. The CAP will not be a specialized court or docket, but rather a local community diversion program operated by public and/or private organizations in collaboration. Local community officials and leaders will decide which agency or organization will administer the CAP. It may be a nonprofit, police department, bar association, district attorney office, court, probation office, or another agency or organization. The CAP will handle low- to mid-level crimes and misdemeanors, and possibly even some nonviolent and other types of felonies. Narcotic distribution and serious violations of federal and state laws will not be eligible for the CAP. Local communities operating within state and federal laws will determine what types of crimes, offenses, and violations will be adjudicated in a local CAP. The CAP will address multiple issues and problems to include reducing court dockets, expenses of court proceedings, expenses for law enforcement activities, and the alarmingly high arrest and incarceration rates in the
  • 58. communities, as well as improving the credibility of our courts and justice system through active citizen participation. The CAP will involve volunteer adults who successfully complete a multiweek training program, including former offenders and retired and senior citizens wishing to stay active in community affairs-and such participation will enhance overall the sense of community involvement in promoting the welfare and public safety of the entire community. The CAP will salvage individuals' lives by reducing future criminal activity, and encourage these individuals to become contributing citizens to the community, even after completing their assigned peer sanction. The CAP will be a new voluntary program alternative to arrest, conviction, and incarceration for adult offenders ages 18 and up. In several states like New York, a 16- or 17- year-old may be eligible for the CAP if there is no other diversion program available. Adult offenders, as determined by local communities within applicable laws, who have been either formally arrested or formally apprehended with an arrest pending are eligible to be referred to the CAP for alternative sentencing and disposition by volunteer adults serving in roles ranging from judges, attorneys, clerks, and bailiffs to jury members.
  • 59. An admission of guilt is required for acceptance into the CAP. Therefore, the CAP operates as a sentencing hearing, as opposed to a trial, which would have been utilized to determine guilt or innocence. The CAP is a program and not a legally authorized court by state statute or constitution or the US Constitution. Adult community leaders determine allowable sentences the volunteer adults can impose based on one or more crimes, offenses, and violations. Most often, it will be a range of mandated community service hours, such as 1-50 hours, in addition to other requirements such as classes, drug testing, restitution, and other reasonable imposed sanctions by a jury of their peers. The CAP sentencing hearing will likely take place in local courtrooms across the US when they are not in use during the evening. A convenient location already paid for with taxpayer funding that is safe and friendly to public transportation would be most desirable and is available in most communities. Just like youth/teen/student/peer court and peer jury diversion programs, it is likely only necessary for the CAP to have one or two full-time and/ or part-time staff.
  • 60. Failure to complete the CAP will result in stricter consequences when the case is referred back to the criminal justice agency or court of origin. Like youth/teen/student/ peer court and peer jury diversion programs, this swift and more severe approach within the rule of law will result in offenders having exceptionally high completion rates of their peer-imposed sanctions. This will reduce the court backlog every time an offender successfully completes the CAP. Law enforcement referral of cases directly to the CAP where an official arrest did not take place pending successful program completion further reduces paperwork and added financial costs to the court and community- not to mention the considerable benefits to the adult offenders who made a foolish mistake they hopefully will learn from having done. A goal of the CAP is to not create a burdensome diversion program, but rather to blend in and assist with the processing of cases for improved efficiency and effectiveness where improvement is needed. The CAP will do both, while strengthening a commitment and personal responsibility to the community and its citizens. The CAP will improve and enhance the community by: (1) reducing the backlog and case docket of adult criminal
  • 61. cases; (2) providing an alternative to arrest, conviction, and incarceration; (3) offering a civic approach to a fair process for imposing an additional sanction other than more formal criminal justice involvement; (4) reducing the economic disparity associated with the disproportionate confinement of indigents and minorities; (5) reducing the effects of a negative stigma individuals often acquire after being labeled a convicted criminal and/or experiencing confinement; (6) sending a message that every crime will result in a consequence; and (7) increasing satisfaction of local law enforcement given that their arrests are not plea bargained out with little or no sanction imposed. Moreover, the CAP will address some of our society's upcoming demographic challenges. People are living longer, and with that we need to be prepared for more senior citizens entering America's criminal justice system. A senior citizen may be suffering from dementia and forgetfulness, and pay for some items but forget to pay for one or two other items put in a shopping bag or elsewhere on his or her person. Such behavior may result in apprehension and/ or arrest. The forgetfulness may be genuine, and thus there is no intent to steal or commit larceny. Such an individual should not be subject to an unlawful theft accusation but should get treatment for the mental deficiency
  • 62. or take the precaution of going shopping with another individual, which would protect the senior citizen from picking up objects and forgetting that he or she has them. Further, to the extent that medical assistance is necessary or medication to deal with the mental deficiency is required, that should be provided rather than subjecting the individual to a criminal conviction. These types of crimes will almost certainly increase in America in the coming years, and these types of crimes are an excellent type of referral to the CAP. Caveat The situations described in this article are not intended to be exhaustive but merely illustrative of the need for a new approach to designing a criminal justice system diversion program that is scalable, sustainable, affordable, practical, volunteer-driven, and left up to the local community to modify to meet its needs and resources. The CAP would provide multiple benefits, including reduced court dockets, and improve the credibility of our courts and criminal justice system through active citizen participation. It would prevent the overcriminalization of a large portion of our society in the United States. In addition to drug addiction or dependency requiring intensive treatment, there is another cautionary concern we
  • 63. must have in running such a diversion program-that is, the questioning of the participant in the program should not involve other matters to an extent as to violate that person's right against self-incrimination under the Fifth Amendment. If there are other unsolved crimes which come to light, that person's right to counsel must be respected as to any matter other than what brought that individual to the attention of the CAP. It is normally presumed that the individual is a first-time offender, and if the offender starts talking about other unsolved crimes and such information starts to be disclosed, the administrator of the CAP program should cease questioning the individual and advise that individual to seek counsel and disclose no further details or incriminate himself or herself in the unsolved crime. Ideally, that person should be referred to a public defender office or legal aid office that handles potential criminal matters or can refer that individual to a resource to talk with counsel in an attorney- client relationship in confidence. With reservations as to these two conditions, the CAP should be a most effective means of improving the quality of our criminal justice system in this nation, result in more
  • 64. effective usage of law enforcement personnel, improve police community relations with its population, and improve the quality of community life free from crime and threats to public safety, at less cost to the supporting taxpayers of that community. It should bring law enforcement personnel and community citizens closer together in mutual respect and improve the quality of life in that entire community. What's Next for the US's Community Acceptance Program in 2020? 1. In early 2020, organizers of the CAP will convene a meeting in Washington, D.C., comprised of leaders from criminal justice agencies and organizations, criminal justice policy and research professionals, and foundations for purposes of designing a US strategy on this new criminal justice system diversion program. 2. In mid to late 2020, organizers of the CAP will announce a call for applications for at least 10 CAP demonstration sites from the US's 50 states, five territories, the District of Columbia, and Native American/Alaskan native tribes and councils. 3. At the end of 2020, the demonstration CAP sites will be announced, along with the dates and times for the first
  • 65. CAP two-day implementation training for teams of five adults from each of the demonstration sites. CAP Contact Information The CAP website, www.CommunityAcceptanceProgram. org, will launch in mid-2020. A Twitter account @AdultJusticeCAP has been launched and has passed 11,500 followers. Any questions, comments, interests in becoming involved, and requests for additional information on CAP may be emailed to [email protected] org. You may also contact Scott Peterson, who is leading the US's strategy for the CAP, at (202) 468-3790. DETAILS Subject: Violations; Law enforcement; Citizens; Diversion programs; Community; Grass roots movement; Convictions; Sanctions; Older people; Criminal records; Imprisonment; Adults; Alternative sentencing Location: United States--US Publication title: Criminal Justice; Chicago Volume: 34
  • 66. Issue: 4 Pages: 23-25 Database copyrigh Terms and Conditions Contact ProQuest Publication year: 2020 Publication date: Winter 2020 Publisher: American Bar Association Place of publication: Chicago Country of publication: United States, Chicago Publication subject: Law, Criminology And Law Enforcement ISSN: 08877785 Source type: Trade Journals Language of publication: English Document type: Journal Article ProQuest document ID: 2389218485 Document URL: https://search.proquest.com/docview/2389218485?accountid=33
  • 67. 337 Copyright: Copyright American Bar Association Winter 2020 Last updated: 2020-04-21 Database: Criminal Justice Database https://search.proquest.com/docview/2389218485?accountid=33 337 https://search.proquest.com/info/termsAndConditions http://www.proquest.com/go/pqissupportcontactAmerica's New Criminal Justice System Diversion Program, the Community Acceptance Program Running head: BUILDING BETTER RELATIONSHIP THROUGH YOUTH 1 BUILDING BETTER RELATIONSHIP THROUGH YOUTH 4 Building Better Relationship Through Youth Mentoring and Engagement Student name BCJ 4101 Columbia Southern University
  • 68. Building Better Relationship Through Youth Mentoring and Engagement Overview The purpose of my research paper is to cover how the police relates to the youth within a community. This is established through mentorship and engagement programs that helps law enforcement build better relationships on a personal level. Youth mentoring is a perfect opportunity for police officers to build that rapport by commitment and establishing a foundation of trust with the young people. Annotated Bibliography Peterson, S. B., Burnett,Arthur L.,,Sr, & Halstuch, J. A. (2020). America's new criminal justice system diversion program, the community acceptance program. Criminal Justice, 34(4), 23-25. Retrieved from https://search-proquest- com.libraryresources.columbiasouthern.edu/docview/238921848 5?accountid=33337 In this journal article, the publishers, American Bar Association discusses the diversion programs that are increasing throughout the United States. These programs for juvenile are addressing multiple issues and problems to reduce expenses in the court and law enforcement activities. The publishers are aware of the community acceptance program providing an alternative to arrest, conviction and incarceration.
  • 69. The publisher reflects on different programs that were established through the years and how it has evolve into a high completion rates. The publisher’s explanation of the program is descriptive and explains how it will enhanced police community relations free of crime and threats to the public. As well as bringing the law enforcement and communities closer together to improve the quality of life. This will be applied to my research paper by explaining the conflict that a youth can occur if incarcerated. Clarke, A. (2017). The holistic effect of police officers mentoring “high risk” youth. International Journal of Evidence Based Coaching & Mentoring, 15, 123–134. In this article, Clarke describes her time though out the 28 years she has been a police officer. Seeing the different challenges, obstacles, and aspect of a youth from being a high driven criminal because of their inherent criminal family. To a youth who still encounters social and criminal family history, but has control over their choices and is still successful. The author discusses the approach the police officer uses to reach out to those youth who are viewed as lost. Due to the society, they are involved in from either academically to behaviorally conform. Clarke is an experience police officer that is well experience in the operational field and have knowledge in regards to mentoring youth. The author is exposed to the target group and has researched the youth who were mentored by police officers. This article will explain the process and effect of the police mentorship program with youth. It will further explain the impact the mentorship has on both the youth and the police officer themselves. Forman Jr., J. (2004). Community Policing and Youth as Assets. Journal of Criminal Law & Criminology, 95(1), 1–48. https://doi-
  • 70. org.libraryresources.columbiasouthern.edu/10.2307/3491381 Within this article, it suggests the flaws within the community policing. How the new policing model has left out a huge group that is critical and that is the youth and young adults. The author describes in the 1970s and 1980s on how the police community relations was of importance and was growing, but hard to maintain. He explains in the article on how community policing needed to change its approach and structure to start thinking that the community is an ally instead of an enemy. A professor of law, Forman is aware of the community policing having the potential to impact the perspective of how police officers are seen. The author is optimistic with his explanation and his experience and research on community policing and creating an image for the youth as they are an asset for the community. I will use this article to explain the different approaches to police-community relations and how it impacts the youth and the officers.