SHARE

 

 

Updating Federal Regulations When Policy Guidelines Don’t Work (Multisource Longitudinal Data)

An Analysis of Law Enforcement Criminal Justice Systems, and The F.B.I.

Introduction

Examining the operations of the criminal justice system and how it relates to the

psychodynamics of criminal profiling I will discern the differences in context of what creates a

cognitive bias between law enforcement and their working ability and overall functioning

capabilities around civilians. I will further explain how psychological and biological theories

play important roles in determining criminal behaviors. Looking at the U.S. Constitution and Bill

of Rights I will explain how the Fourth Amendment can cover criminal profiling without warrant

as a violation of the peoples rights. I will analyze how social and criminal justice systems

promote equality and how poverty, racism, and religion apply to contemporary social and

criminal justice. I will assess how the centralization of the criminal justice agencies in the United

States, the Patriot Act, the U.S. Homeland Security Act, and international aspects of social and

criminal justice impact cognitive bias among law enforcement whom understand the

psychodynamics of psychological profiling of criminals and their behaviors.

Thesis

My thesis surrounds the aspects of psychological and biological theories in criminology

can help predict criminal behaviors in repetitive offenders. The contemporary problem of focus

is the common cognitive bias among law enforcement whom understand the psychodynamics of

psychological profiling of criminal and their behaviors. The psychological and biological

theories help predict premeditation, recidivism, and specific crimes. This solution proposal will

provide specific information with factual evidence, evidence-based factors, and data analysis on

criminals and predicting criminal behaviors and dissemble the psychodynamics of criminal

profiling and basis of cognitive bias. The resolution would be new policies which address issues

of cognitive bias and the psychodynamics of criminal profiling for law enforcement to practice in

work passed down from federal regulations and pertaining to the FBI and any other services

working along law enforcement. Two careers which would be involved in addressing the issue of

cognitive bias among law enforcement whom understand the psychodynamics of psychological

profiling of criminal and their behaviors would most likely be the FBI and a psychoanalyst

which performs a psychoanalysis of criminology.

Analyzing criminal justice issues within the systems of law enforcement, the judiciary,

and corrections there’s a lot of focus on human rights, Bill of Rights, the U.S. Constitution,

violations of law and the order of law, violence against police, police brutality against the

innocent, those convicted without legal cause and years later released, and those convicted of

murder and sentenced to death opposed to life in prison. There are the issues of cognitive bias

and prejudiced in court affecting a judges ruling and with law enforcement officers based on

their experiences and perceptions of people or places. Some issues also focus on the treatment of

prisoners and where the funding goes towards the overall functioning ability of a prison

institution. Other issues focus on the lack of wages for law enforcement officers from the amount

of work and hours put into their careers and not feeling appreciated working in law enforcement.

Looking a criminal theories the theory which I believe reflects how the U.S. criminal

justice system functions related to “Criminal Theory Summaries” is rational choice deterrence.

“Building on classical theory, crime is seen as a choice that is influenced by its costs and

benefits—that is, by its “rationality.” Crime will be more likely to be deterred if its costs are

raised (e.g., more effort required, more punishment applied), especially if the costs are certain

and immediate. Information about the costs and benefits of crime can be obtained by direct

experiences with punishment and punishment avoidance, and indirectly by observing whether

others who offend are punished or avoid punishment.” (Criminal theory summaries)(Pg2Para3)

Deterrence has proven to be an effective method to reduce crimes and prevent reoccurring crimes

in areas of high crimes. Some examples of reoccurring crimes that are common are thefts at local

gas stations or grocery stores, DUIs related to alcohol or substance abuse and driving vehicles

intoxicated, and vandalism of public property.

Evaluating the application of the social justice principles of equality, solidarity, and

human rights toward building a just society would be through the practice and application of law,

Bill of Rights, U.S. Constitution, and applying moral and ethical values in the practice and work

of social and criminal justice. Equality means all people treated fairly and justly but, this is not

always the case in court with juveniles verses adults or men verses women, and there’s bias

against ethnicity or cultural backgrounds which affect rulings and time served. Human rights

protect the rights of people and their freedom, this means protecting the people from abuse of

law both federal government and the military from causing harm to the people. Human rights

also represents the moral and ethical guidelines of equality and solidarity.

Applying knowledge of cultural sensitivity and diversity awareness to social and criminal

justice using my background in cultural anthropology, psychology, and concept of understanding

globalization the overall functional ability of a nation is dependent on the multicultural societies

coexisting an working together. Not all cultures come to an agreement based on different

backgrounds and perspectives but, all have a basic understanding of moral and ethical values

which apply to all aspects of their lives. All people want to have the ability to live without being

in fear, reducing crimes, improving their communities and economies, finding better job

opportunities and education for their children. This basic foundation is how a society functions

and through the efforts in law and social and criminal justice the ability for small communities to

thrive and grow is possible.

Deconstructing the relationship between law enforcement, the judiciary, and corrections

they all play an important role in the criminal justice system. Law enforcement follows and acts

on law based on jurisdiction of law such as criminal and civil while the judiciary plays a role in

administrative by placing the rules and regulations in agencies and the law which law

enforcement follows. Judiciary also plays a role in jurisdiction of law by which type of court

civil, federal, and manages the procedural methods used in the criminal justice system.

Corrections plays a role with providing checks and balances in the criminal justice system.

According to Robinson, D. M., & Landrum, R. E. (2013), “Within the criminal justice system,

checks and balances are provided to ensure that individual liberties, as provided in the

Constitution, are upheld in all facets of the system. This is especially true any time the

government limits the freedom of citizens by incarceration, prompting others to question the

legitimacy of those limits.” (Ch8.5Para1)

Interpreting the relationship between social justice and criminal justice is the social

equality, social justice, and peoples rights. According to Robinson, M. (2010), “Whether

something is just or unjust thus depends on whether advantages and disadvantages are distributed

appropriately in society. Miller (2003, p. 1) explains that when ‘‘we attack some policy or some

state of affairs as socially unjust, we are claiming that a person, or more usually a category of

persons, enjoys fewer advantages than that person or group of persons ought to enjoy (or bears

more of the burdens than they ought to bear), given how other members of the society in

question are fairing.’’ (Pg82-83Para5) This can relate to today when people challenge the

government and when congress passes a new legislation on law meeting a new democracy or

changing social policies.

Developing critical perspectives in the study of social and criminal justice in the fields of

criminology, law, philosophy, psychology, science, and sociology they all play a role in the

social and criminal justice system. Criminology is a scientific study of crime and criminals, law

is the system which enforces regulation and justice, philosophy focuses on moral and ethical

guidelines in addressing punishments based on the type of crime, psychology analyzes criminal

behaviors and determines if a criminal is of sound mind to receive a punishment, science is used

in forensics with gathering evidence and using equipment to analyze organic and inorganic

materials for DNA and other to associate the materials to a possible time and place or with what

the victim was wearing or what the offender used when killing the victim. Sociology looks at the

diverse multicultural backgrounds of people and different communities from an anthropological

perspective. Different religious and political backgrounds affecting moral and ethical values used

in society which can either affect judgement or can play an important role in determining motive

in a criminal act.

The psychodynamics of criminal profiling focuses on the development of criminal

behaviors. Looking at the environmental backgrounds such as cultural, family life growing up,

child abuse, severe trauma affecting behaviors, having family with criminal backgrounds, and

religious perspectives affecting moral and ethical judgement. Most of the time it is based on how

from childhood an individual is affected such as problems with psychosocial and cognitive

development or antisocial behavior. During childhood and youth there are environmental

influences with family, friends, and school which affect behaviors or change them over time.

Some children or youth that participate in recreational drug use, alcohol use, and rebellion begin

to develop criminal behaviors through acts of vandalism, a continued participation in drug and

alcohol use, and accidental overdoses. Repetitive criminal behaviors in juveniles are based on

possible factors of an addiction, lacking in self confidence and taking from others, abuse,

participation in a gang or gang influence, bad influence from friends, and rebellion as a total

anarchy against the system and government by acting out.

To understand criminal behavior and thinking styles would require extensive research on

the criminal act itself, how often the act occurs, the age and gender of how often or less this

occurs, what mental or motivational factors are associated, and what the focus of the objective is.

Looking at some of the data is based on Psychological Inventory of Criminal Thinking Styles

(PICTS), Level of Service Inventory Revised Screening (LSI-R:SV), PICTS General Thinking

(GCT), Proactive Criminal Thinking Scores (P) Reactive Criminal Thinking Scores (R),

Psychopathy Checklist, and Criminal Sentiments Scale. Models used are Proportional Hazards

Models, Psychometrics, Risk Assessments, Surveys and Questionnaires. According to Walters,

  1. D. (2011), “Andrews, Bonta, and Wormith (2006) consider antisocial cognition one of the

‘‘big four’’ or best validated risk/need factors for use in understanding crime and predicting

recidivism. The PICTS is a self-report measure of antisocial cognition that assesses eight

criminal thinking styles (mollification, cutoff, entitlement, power orientation, sentimentality,

superoptimism, cognitive indolence, and discontinuity) held to be instrumental in sustaining a

criminal lifestyle.” (Pg211-212Para1)

Considering the variables responsible for criminal behaviors and recidivism aside from

environmental would be a focus on individual differences and biological factors. This can be

based on lack of education, low IQ, impulsive temperaments, hereditary genes affecting

cognitive development, poverty, and the personality. Using criminological research and studying

these factors can help understand and predict criminal behaviors. Multiple variables are

measured in comparison to factors contributing the criminal behavior and recidivism. Data is

based on The General Factor of Personality (GFP) among a large sample of 135 inmates of age

groups tested from adolescence to adult. According to Van Der Linden, D., Dunkel, C. S.,

Beaver, K. M., & Louwen, M. (2015), “Knowing the antecedents of delinquent behavior is one

of the major aims in criminological research. Although many studies have been conducted on the

environmental factors that contribute to the development of delinquency, relatively few studies

have focused on individual differences and biological factors.” (Pg145Para1)

From an experimental perspective thoroughly investigating criminal behaviors and

premeditation it would require manipulation of games, time, and emotions with a criminal

participant to invoke thought of premeditation to understand intentions and motivations of

premeditation. Looking at the three experiments of criminal participants the data-based studies to

thoroughly investigate criminal behaviors and premeditation. Experiment 1 involved 472

participants in a hypothetical game to determine premeditation based on outcome. Experiment 2

involved 416 participants in a time manipulation experience to determine emotions, intentions,

and methods of punishment. Experiment 3 involved 119 participants to determine emotional

responses and moral judgement in processing information of a homicide, suicide, or natural

death of an individual. According to Bruns, Z. C., Caruso, E. M., & Barterls, D. M. (2012),

“These emotional reactions are an important input to assessments of an actor’s intentions. For

instance, the emotional response of anger implies an appraisal based on an actor’s intentional

agency (Tiedens, 2001; Weiner, 2001).” (Pg227Para3)

Biological approach to understand criminal behavior and recidivism focuses on the

gender and mental illness or psychological disorders which can be major contributing factors.

The abnormal behaviors deviating from what is normally accepted in a functional society such as

for example an individual on drugs which would appear to be disorientated or display extreme

aggressive behaviors. The drugs would be the variables contributing to the underlying

psychological disorder or mental illness progressively enabling the individual to display criminal

behaviors and perform of a criminal act. In other cases there is a medication which is prescribed

and not taken to help control the behaviors of individuals and the criminal acts are due to the

biological factors of a mental or psychological problem. Looking at data analysis of gender and

biological factors contributing to crime by male and female juvenile offenders I will examine the

contributing factors to their criminal behaviors resulting in crimes. Data analysis based on the

sample population of 61 male and 81 female participants whom were previous juvenile offenders

for frequent reoccurring criminal behaviors resulting in imprisonment. Risk and recidivism are

measured to predict a specific percentage of crimes likely to occur based on age, gender, and

other environmental factors. According to Rhoades, K. A., Leve, L. D., Eddy, J. M., &

Chamberlain, P. (2016), “Several studies have focused on predictors of juvenile-limited

recidivism for young people already within the juvenile justice system (Cottle et al., 2001) and

have found that offence history, age at first offence, family dysfunction, being maltreated in

childhood, and substance use predict juvenile recidivism (Fendrich, 1991; Risler et al., 2000;

Cottle et al., 2001; Stoolmiller and Blechman, 2005; Alarid et al., 2012; Baglivio and Jackowski,

2013; Ryan et al., 2013), but few studies have examined predictors of entry into the adult justice

system given prior involvement in the juvenile justice system.” (Pg337Para1)

Cognitive bias among law enforcement whom understand the psychodynamics of

psychological profiling of criminal and their behaviors is a common problem in social and

criminal justice today. What this leads to is profiling, investigations, and arrests of innocent

people based on the cognitive bias such as expectations in a society or particular people because

of who they are or whom they associate with. The criminal justice issues our nation is faced with

today which are high priority are first the economic foundation meaning funds available to use

for law enforcement and safety and those funds being used for prions or holding facilities and

care of prisoners, second is the moral and ethical guidelines while working in law enforcement

an how not all officers have had training in any type of social justice course or have degrees but,

only basic training at a police academy and have a lack of understanding with making fair or

accurate decisions with working with local communities, third following the actual law or doing

something based off of a cognitive bias against someone. With the anti-terrorism laws there’s

issues surround the surveillance of civilians whom just based off of the suspicion of will

continue to be followed or investigated for months to years just because of a cognitive bias.

According to Richardson, L. S. (2012), “It is highly probable that fundamental attribution error

affects police judgments of criminality. Officers on the beat often make quick decisions based

upon limited evidence. The stressful nature of their jobs likely depletes their cognitive capacities,

making correction for fundamental attribution error more difficult. Additionally, policing culture

facilities an in-group/out-group mentality, with officers viewing themselves as the good guys and

the people they are policing as the bad guys.” (Pg271Para2)

Looking at the U.S. Constitution and Bill of Rights I will explain how the Fourth

Amendment can cover criminal profiling without warrant as a violation of the peoples rights.

The Fourth Amendment protects the right of people in their persons and this means against

prejudiced surveillance based on bias, race, gender, or assumption on an individual. According to

Taslitz, A. E. (2003), in reference The U.S. Constitution Fourth Amendment “The right of the

people to be secure in their persons, houses, papers, and effects against unreasonable searches

and seizures, shall not be violated, and no warrants shall issue, but upon probable cause

supported by oath or affirmation, and particularly describing the place to be searched and the

persons or things to be seized.” (Pg16Para2) Without a warrant psychological profiling of an

individual whom has not committed a crime and has no criminal history would be a prejudiced

act and clear violation of that individuals rights. This means surveillance via all or any means of

that individual through listening to phone calls, looking at phone history and messaging, web

camera and web surveillance of an individual, viewing conversations made via web by email or

other forms of social media, filming and or taking pictures of an individual by their own devices

or by other means, unmanned aircraft surveillance of an individuals personal property to film and

or take pictures while the individual is or not home, following an individual via vehicles to

record locations and places and or time of where they could be found or predicted to be placed

at, and having a law enforcement, social services, or private detective follow an individual by

foot to locations such as places of work, their childrens school if they have kids, and recreational

places an individual visits. This is a common reoccurring problem and a form of harassment that

law enforcement inflict on the people based on cognitive bias, prejudiced, and assumption.

There’s a deep developed bias based on the understanding of criminal behaviors and criminal

profiling which affects moral and ethical judgement. It creates a stereotypical view of all people.

This is when there is a strong mistrust between law enforcement and the people based on

misguided information. This is a clear example of a violation of an individuals rights.

A delayed notification is a warrant which is approved by a judge and used for covert

measures to deter imminent threats and possible threats in a society. The Patriot Act allows any

measures to intercept and stop terrorist threats and attacks. The Fourth Amendment in

association to the Patriot Act reflects on measures of surveillance taken into the hands of the

government and allowing to secure people and possessions including unreasonable searches and

seizures based on suspicion. Looking at congressional oversight and information obtained for

investigating possible threats and imminent dangers I will evaluate whether or not the Patriot Act

and the Homeland Security Act unjustly and unreasonably inhibit individual rights, I will support

my evaluation by addressing the US Constitution Bill of Rights and how they impact notions of

social justice in the United States.

The Patriot Act was implemented to stop possible terrorist threats and allows for the

surveillance of individuals whom are suspected of being associated with or an active part of a

terrorist group or organization. This is to ensure stronger measures on national security to

prevent future terrorist attacks. According to PAYE, J. (2014), “The U.S. surveillance laws were

the predecessor to European legislation. Section 215 of the Patriot Act, which was passed on

October 26, 2001 to define the legislative framework for the war on terrorism, established that

the collection and surveillance of communications could be made for a limited period of time

without a warrant or court order. These measures were passed under the form of an amendment

to the FISA law, which was initially adopted in 1978 to provide a framework for spying on

private communications.” (Pg128Para1)

A delayed notification is necessary when information must be kept secret about the

covert action due to the risks to national security. An example of this would be to not let a

terrorist know that there is an awareness of their location and or plans in order to stop them and

prevent an attack. The same measures are used for people whom are suspected of being

associated with terrorist groups, it is based on suspicion and taking appropriate action to

investigate information to see what information is accurate but, also keeping an eye on the

individual such as unusual behaviors or associations with groups which would be a possible

threat to national security.

Congressional oversight allows the FBI and CIA to use surveillance on an individual

whom is a possible threat to society and has a high probability of being associated to a terrorist

organization. Congressional oversight requires information and or surveillance of the individual

to be submitted every 6 months and if there’s still a possible threat the investigation continues

until a delayed notification is approved by a judge if that is necessary. The operations directorate

of the CIA usually do the investigation along with the FBI in association to deterring a possible

terrorist threat. According to Cogan, C. G. (1993), “Covert action means an activity or activities

conducted by an element of the United States Government to influence political, economic, or

military conditions abroad so that the role of the United States Government is not intended to be

apparent or acknowledged publicly.” (Pg89Para3)

The Homeland Security Act (2002) was influenced by the events of 911 terrorist attack

and the Department of Homeland Security created this act in order to combine 22 agencies and

170,000 federal employees to make it possible to share information which could be vital to all

agencies and personnel for preventing future terrorist attacks. New environmental and emergence

policy proposals were formed as well to have a stable plan of action for emergency management

and environmental disasters. According to Brook, D. A., & King, C. L. (2007), “The merger of

22 agencies posed large integration challenges in personnel management. Th e entities to be

merged into the DHS consisted of 17 different unions, 77 existing collective bargaining

agreements, 22 human resources servicing offices, and eight payroll systems.” (Pg401Para2)

Analyzing how social and criminal justice systems promote equality and how poverty,

racism, and religion apply to contemporary social and criminal justice there is more of inequality

based on race, culture, gender, age, and other stereotypical reasons. One reason this is significant

is looking at the incarceration rate for African American males and looking at similar crimes

committed by white males and what the length of the sentencing and forms of punishments were

for each. African American males are treated more harshly by law enforcement and serve harsher

sentences by judges whom also have a cognitive bias based on expectations for a race or culture.

According to Fosten, G. K. (2016), “Jason Stanley and Vesla Weaver (2014) differentiate

democratic political ideals from a state that is a ‘racial democracy’ as compared to a model

democratic state free of racially imposed institutionalized norms. They suggest that the United

States’ criminal justice system intentionally administers law, order, and justice in a racially-

biased and unbalanced manner, while assumingly operating under false guises of democratic

political ideals and principles (Stanley & Weaver, 2014). The marginalization of one race by the

unfair application of laws governing the access (and denial thereof) of democratic freedoms and

notions of liberty to African American citizens to the benefit Whites and other races

characterizes the United States as a ‘racial democracy’ (Stanley & Weaver, 2014).”

(Pg124Para2)

Socioeconomic equality is an important variable to consider when viewing crime rates in

the united states and there is inequality among low income and poverty areas comparing to

middle to upper scale areas. There are higher incarceration rates in lower income areas with

higher populations of people opposed to higher income rates with lower populations. The high

incarceration rates have a higher amount of African American males in lower income areas with

high populations of people. According to Lofstrom, M., & Raphael, S. (2016), “Within cities,

crime tends to be geographically concentrated in poorer neighborhoods with proportionally

larger minority populations. In recent years, many police departments have begun to make public

geo-coded incident-level data permitting analysis of more granular geographic inequality in

crime rates.” (Pg108Para2)

Structural coupling of welfare is a contemporary criminal justice issue where

contemporary social policy affects the welfare system. Policy relationships affect the welfare

system by affecting lower income families. The system then places low income families to be

associated with higher criminal activities, associating with child poverty or lack of proper care

for children, and families to be considered dysfunctional based on their income. This creates a

problem on a structural level with law enforcement and social services targeting lower income

families and having expectations for the worst. This has lead to cognitive bias and prejudice

against the lower income families. According to Rodger, J. J. (2012), “The new priorities and

measures for the restructuring of welfare regimes derive either from the visions and concepts of

an ‘activating social policy’ or the social investment state… Whereas under the old welfare

regime the central cleavage was identified as the conflict between ‘rich’ and ‘poor’, under the

new welfare regime the conflict is between insiders and outsiders. Accordingly, the aim is not to

secure an equality of living conditions, but rather the participation of people in the social systems

of society. (emphasis added) (Olk 2006: 1–2)” (Pg414Para2)

Looking at the cultural and symbolic resonance of zero tolerance in contemporary

criminal justice it examines the tensions in modern society of mixed cultures from different

backgrounds and perspectives of policing in a neoliberal and social-conservative modern society.

From a social context perspective from policies, discriminations, aggressive policing, to

observing how zero tolerance which is an aggressive form of policing targets reoccurring crimes

in local neighborhoods and helps communities. There’s a theory that if aggressive policing were

not used then it would lead to more serious crimes in small neighborhoods and even in larger

towns or cities. In 1994 a new campaign called quality-of-life was created against petty offenders

but, it lead to arrests increasing to 66% and a great increase in stop-and-frisk searches. This

decreased crime dramatically but, has lead to debates over divisions among economic and racial

profiling. According to Ismaili, K. (2003), “Many have also been concerned that zero tolerance

policing has led to the violation of individual rights, an erosion of trust between the police and

the community, and the exacerbation of divisions along economic and racial lines.”

(Pg256Para2)

The resolution would be new policies which address issues of cognitive bias and the

psychodynamics of criminal profiling for law enforcement to practice in the workplace passed

down from management updating federal regulations pertaining to the FBI and any other

services working along law enforcement. Two careers which would be involved in addressing

the issue of cognitive bias among law enforcement whom understand the psychodynamics of

psychological profiling of criminal and their behaviors would most likely be the FBI and a

psychoanalyst which performs a psychoanalysis of criminology. A psychoanalyst is usually hired

by law enforcement to either be used to testify in court or help with analyzing information and

profiling a possible suspect or terrorist. All workplaces implement new working standards and

expected measures, tasks, objectives, and goals. Each year those working standards should be

reviewed to see if they are effective at meeting the measures, tasks, objectives and goals. Using

the Manager Success Assessment (MSA) and Hay’s questionnaire for determining working

styles can improve management styles working with employees and employee relationships with

people in the community. This is important in law enforcement since social policies and laws are

enforced but, there are professional and moral guidelines which should be recognized. According

to ANDONOVIC, B., ZLATEVSKI, A. Z., LISICHKOV, K., & DIMITROV, A. (2017),

“Previous research elaborated by Andonovic, Zhabevska-Zlatevski, Lisichkov & Dimitrov

(2015). included a survey with experienced and proven managers worldwide. The research was

aiming to successful identification of new managers, with regard to decreasing the risk of not

achieving the targeted organization results, as a valuable addition to proven methods (Andonovic

& Petkovski, 2013).” (Pg48Para1)

From an IT perspective in management science, using multisource longitudinal data

through the system such as computers and sorting through information to analyze improvements

in different topics can help process information if used in the workplace such as within law

enforcement agencies. This could help improve management skills, employee workforce,

provide feedback to the upper management on what needs improvement by viewing progress

from a weekly, monthly, and yearly perspective. This way there are no surprises such as sudden

lack of funding, increase in turn-over rates, and employee/management professional relationship

in the working environment. Relating to law enforcement other types of topics or fields which

can be watched closely via multisource data would be arrest rates comparing towns and cities or

rates within a town or city in certain areas and times. The data could further dissect gender, age

group, culture, ethnicity, and possible dangers such as gangs, gun violence, or drug use and

distribution. This same system can improve community relations with law enforcement by the

feedback this data provides management to overview progress made in reducing crimes in

communities and meeting the needs of local-residents. Working both ways it improves law

enforcement agencies working performance and its community relationships. Enabling an IT

working system to review working standards and policies within the law enforcement agencies

and other working entities working along with law enforcement would create a resolution to

cognitive bias of the psychodynamics of criminal profiling. According to Hsieh, J. P., Rai, A., &

Xu, S. X. (2011), “Specifically, an IT-enabled work system consists of the employees, the work

that is assigned to them, the information technologies that enable them to perform their work, the

managerial activities that direct their work-related behaviors, and the communication channels

that they use to coordinate activities with others (Gibson et al. 2000).” (Pg2019Para1)

Developing a new policy requires evidence such as time and data collected on the

information which needs improvement, if it affects peoples’ rights or violates an Amendment

then there is a strong case in presenting the information for implementing a new policy in law.

Looking at the law enforcement agencies that focus on federal violations of law are FBI, ATF,

ICE, and DEA while local law enforcement agencies like in corrections focus on other types of

law violations. Both do not have a standard of collecting data on management and employee

functional ability and instead focus on the law. The point is an effective workforce needs to

implement a policy which both federal and non-federal law enforcement and other services

outside law enforcement working or contracting with must abide by other than the US

Constitution to ensure a better community relationship and progressive workforce. Creating a

new policy doesn’t mean ratifying an Amendment but, it can be implemented in working

strategies to improve work performance.

A workable plan of action would be approaching agencies at an organizational level and

individual level to improve management skills, employees working ability, and community

relations. Classes for all employees including management on moral and ethical progressive

working along with communities would help explain cognitive bias and how it develops through

work experience in law enforcement and how to prevent that type of thinking from affecting

working ability. If during a class or meeting on psychoanalysis of criminal profiling were

explained and the association of cognitive bias it would create an awareness of discrimination

and how it could reflect on the organization or agency they work for. According to Ozbilgin, M.

  1. Beauregard, T. A., Tatli, A., & Bell, M. P. (2011), “Studies of the work–life interface are

concerned with ‘the relationship between the institutional and cultural times and spaces of work

and non-work in societies where income is predominantly generated and distributed through

labour markets’ (Felstead et al. 2002, p. 56). Work–life research explores the antecedents,

correlates and consequences of the balance, conflict and facilitation between – as well as

integration of – work and non-work domains.” (Pg177Para1)

Updating federal regulations when policy guidelines don’t work can be the alternative

option. The Code of Federal Regulations (CFR) can be updated but, requires several steps. It’s

basically updating a new procedure which disables the old procedure which was in use. The

procedures which are updated are also updated in the federal administrative agencies. According

to Charles, P. (2012), “The CFR is published annually in four quarterly installments. Titles 1

through 16 are updated on January 1 of each year, titles 17 through 27 on April 1, titles 28

through 41 on July 1, and titles 42 through 50 on October 1. The CFR is not updated by pocket

parts; new or amended regulations are published in the Federal Register. These changes are not

incorporated into the CFR until a new set is published. Therefore, one needs to look at the List of

CFR Sections Affected (LSA) and the Federal Register to see if a regulation has been changed.

Although there are several ways to update a CFR citation online, including on Westlaw and

LexisNexis® , the advantage of using FDsys is that FDsys is current to the day, unlike Westlaw

and LexisNexis, which are current within a week.” (Pg128Para4)

Improving work performance and quality of service among law enforcement

organizations and agencies and communities is an important aspect for approaching the

contemporary criminal justice issue of cognitive bias in law enforcement officials and the

expectations of people by gender, race, age, or other by stereotyping people and creating

hostility. This is a cognitive bias developed through the perception of criminal profiling based on

previous experiences working in the field. After some time law enforcement officials become

desensitized and do not practice good community relations. According to Mears, T. L. (2017),

“Importantly, the public’s understanding of the legitimacy of any legal authority, but especially

the police, is not merely transactional. A person’s own interactions with the police and her

perception of the legitimacy of police in general matter, but so do the relationships that she has

with others who have their own interactions with police. And, the perception of legitimacy is

further influenced by how interactions with police have occurred over time. Trustworthiness

implicates history. It matters that young men of color today tell stories of being stopped, beaten,

or having their friends killed by police for reasons that do not quite add up—or, worse, for no

reason at all—and it matters that there is a through-line of such stories going back decades.”

(Pg1363Para1)

Assessment of quality of service is a good aspect to approaching these issues with

community relations and cognitive bias among law enforcement officials. If management takes

the time to have meetings to discuss the progress of reducing crime in communities but,

improving community relationships as well then there is full potential for that organization or

agency to improve and become successful. Criminal profiling is based on data collected based on

previous crimes and criminal acts or certain behaviors and actions associated with specific

crimes. Those variables attributing to lets say an algorithm based system to detect possible

formations of criminals, groups, gangs, terror cells, and or used for the purpose of tracking

illegal immigrants, drug trafficking, human trafficking, and areas of probability relating to gun

violence and drug distribution. This is a preventative measure and can be effective for reducing

crimes significantly in certain areas of high crime. The debatable issue is higher incarceration

rates, higher taxes to uphold the increase of prisoners and or expanding a facility to hold more

prisoners, and the data showing the higher incarceration rates in lower income areas of non-

whites. This debatable topic can be about prejudiced or stereotyping but, can also be due to a

coincidence of this happening as well and nothing to do with bias intention.

Landmark U.S. Supreme Court decisions which impact the issue of cognitive bias among

law enforcement are Mapp v. Ohio (1961) and Gideon v Wainwright (1963). Looking at Mapp v.

Ohio (1961) the woman named Dollree Mapp was convicted of owning illegal substances and

materials in her home but, the search and seizure of her property was done so without a warrant

and was a direct violation of the First Amendment. The evidence presented should have been

dismissed in court because of this reason. The court used an exclusionary rule to appeal her

conviction of freedom of expression. Looking at Gideon v Wainwright (1963) the man named

Clarence Earl Gideon was charged with a felony and was denied legal representation in court

based on the state of Florida court claiming attorneys are only appointed to indigent defendant

capital cases and not in trials. Gideon was left with no choice but to defend himself in trial and

was sentenced as guilty for up to 5 years in prison. The court in the state of Florida also denied

Gideons habeas corpus relief. Cognitive bias played a part in both landmarks based on criminal

profiling and an expectation of what a criminal is or on criminal behavior. Mapp is a clear

example of profiling with having law enforcement invade her home it is clearly wrong and

prejudiced by the court for not recognizing the violation of the First Amendment. Gideon not

being appointed an attorney is prejudiced by the court and violates the Sixth Amendment.

How the changes in policy guidelines or within updating the CFR will affect the future

for the better will be by improving work performance, community relations, management skills,

employees working with time management and improving organizational skills, improving

funding and costs, improving over-all functioning of prison systems and guidelines of inmate

care, safety measures for protecting employees, and awareness in the workplace creating equality

along with moral and ethical guidelines. The yearly update of the CFR is a positive aspect of

improving federal policies for improving standards and protecting the people. With non-federal

organizations and systems updating weekly, monthly, and yearly workplace policies it will

improve the same way and create an effective workforce.

Supporting my proposal of updating policy guidelines in the workplace are the concepts

of organizational intervention through enhancing work-related attitudes and improving work

engagement. Looking at a quasi-experimental study of organizational development and

leadership skills I can determine what affects working abilities and how stress management is an

important concept to adopt while working in high stress environments. Organizational

interventions can reduce stress and improve working conditions for management and employees.

Improving working characteristics, leadership development, and work engagement are all

important factors to improve the working environment and standards for employees. If a law

enforcement official is not happy or comfortable with their working environment then their

performance levels would not be up to standard or even close to average which affects

community relations in return as well. According to Biggs, A., Brough, P., & Barbour, J. P.

(2014), “Effective organizational interventions are required to combat the growing individual

and organizational costs associated with negative work-related attitudes, high strain, and

disengagement from work. Organizational interventions “attempt to break damaging linkages

between work and employee health, repair the damage caused, or capitalize on those linkages by

making positive changes in the work environment” (Randall & Nielsen, 2010, p. 91). There is a

considerable deficit in knowledge regarding effective organizational strategies, however, due to

an overreliance on individual-level strategies to address organizational-level problems, practical

impediments to intervention implementation, and the dearth of scientifically robust intervention

research designs (Brough & O’Driscoll, 2010).” (Pg44Para1)

Reflecting on the resolution to address the issues of cognitive bias in the workplace

among law enforcement officials both federal and non-federal and implementing new policy

guidelines to improve working standards, organizational skills, and leadership/management

development of operations it would prove to be effective measures for improving the workforce

and community relations. The psychodynamics of criminal profiling require a psychological

perspective to understanding the criminal mind and criminal behaviors for preventing serious

crimes before they occur. Criminal profiling greatly reduces crime but, over time it has

developed into a cognitive bias and expectation of certain types of people, cultures, genders,

races, by stereotyping. If these issues could be addressed in a professional manner such as

workplace education and training with employees and to provide feedback for improvements

then it would reduce cognitive bias among contracted civilian or federal employees and law

enforcement officials.

Continued reflection on using multisource longitudinal data to track improvements in

different areas of work performance and risk management in a law enforcement organization or

agency will improve the functional ability of the management and employees which means a

successful strategy at creating a positive working environment for law enforcement officials and

improving the organization or agencies capabilities. Assessing the quality of service and

allowing the community to provide feedback with law enforcement helps management to

improve working standards which create stability and equality. Updating policy guidelines in the

workplace and using concepts of organizational intervention will enhance work-related

and positive work engagement which in return reduces cognitive bias and improves community

relations with law enforcement officials.

 

 

Reference

ANDONOVIC, B., ZLATEVSKI, A. Z., LISICHKOV, K., & DIMITROV, A. (2017). ASSESSMENT OF THESUCCESS OF POTENTIAL MANAGERS WITHIN AN ORGANIZATION AND PROPOSALS FOR IMPROVEMENT. Quality Of Life: A Multi-Disciplinary Journal Of Food Science, Environmental Science & Public Health, 8(1/2), 48-55. doi:10.7251/QOL1701048A

Biggs, A., Brough, P., & Barbour, J. P. (2014). Enhancing work-related attitudes and work engagement: A quasi-experimental study of the impact of an organizational intervention. International Journal Of Stress Management, 21(1), 43-68. doi:10.1037/a0034508

Brook, D. A., & King, C. L. (2007). Civil Service Reform as Nnational Security: The Homeland Security Act of 2002. Public Administration Review, 67(3), 399-407.

Bruns, Z. C., Caruso, E. M., & Barterls, D. M. (2012). Predicting Premeditation: Future Behavior Is Seen as More Intentional Than Past Behavior. Journal Of Experimental Psychology. General, 141(2), 227-232. doi:10.1037/a0024861

Charles, P. (2012). 20 Perspectives: Teaching Legal Res. And Writing 128. How Do You Update the Code of Federal Regulations Using FDsys? Vol. 20(2-3). Found At [https://info.legalsolutions.thomsonreuters.com/pdf/perspec/2012-winter-spring/2012-winter-spring-9.pdf]

Cogan, C. G. (1993). Covert Action and Congressional Oversight: A Deontology. Studies In Conflict & Terrorism, 16(2), 87.

Fosten, G. K. (2016). Perspectives on Social Inequality, Criminal Justice, and Race in the United States: A Critical Analysis. Journal Of Pan African Studies, 9(9), 122-141.

Hsieh, J. P., Rai, A., & Xu, S. X. (2011). Extracting business value from IT: A sensemaking perspective of post-adoptive use. Management Science, 57(11), 2018-2039. doi:10.1287/mnsc.1110.1398

Ismaili, K. (2003). EXPLAINING THE CULTURAL AND SYMBOLIC RESONANCE OF ZERO TOLERANCE IN CONTEMPORARY CRIMINAL JUSTICE. Contemporary Justice Review, 6(3), 255-264.

Lofstrom, M., & Raphael, S. (2016). Crime, the Criminal Justice System, and Socioeconomic Inequality. Journal Of Economic Perspectives, 30(2), 103-126. Doi:10.1257/jep.30.2.103

Mears, T. L. (2017). THE PATH FORWARD: IMPROVING THE DYNAMICS OF COMMUNITY-POLICE RELATIONSHIPS TO SCHIEVE EFFECTIVE LAW ENFORCEMENT POLICIES. Columbia Law Review, 117(5), 1355-1368.

Ozbilgin, M. F. Beauregard, T. A., Tatli, A., & Bell, M. P. (2011). Work-Life, Diversity and Intersectionality: A Critical Review and Research Agenda. International Journal Of Management Reviews, 13(2), 177-198. Doi:10.1111/j.1468-2370.2010.00291.x

PAYE, J. (2014). Merging the Law of War with Criminal Law. Monthly Review: An Independent Socialist Magazine, 66(3), 128.

Rhoades, K. A., Leve, L. D., Eddy, J. M., & Chamberlain, P. (2016). Predicting the transition from juvenile delinquency to adult criminality: Gender-specific influences in two high-risk samples. Criminal Behaviour And Mental Health, 26(5), 336

Richardson, L. S. (2012). COGNITIVE BIAS, POLICE CHARACTER, AND THE FOURTH AMENDMENT. Arizona State Law Journal, 44(1), 267-303.

Robinson, D. M., & Landrum, R. E. (2013). Social and criminal justice: A capstone [Electronic version]. Retrieved from https://content.ashford.edu/ (Links to an external site.)Links to an external site.

Robinson, M. (2010). Assessing criminal justice practice using social justice theory. Social Justice Research, 23(1), 77-97. Doi:10.1007/s11211-010-0108-1

Rodger, J. J. (2012). ‘Regulating the Poor’: Observations on the ‘Structural Coupling’ of Welfare, Criminal Justice and the Voluntary Sector in a ‘Big Society’. Social Policy & Administration, 46(4), 413-431. doi:10.1111/j.1467-9515.2012.00841.x

Taslitz, A. E. (2003). RESPECT AND THE FOURTH AMENDMENT. Journal Of Criminal

Law & Criminology, 94(1), 15.

Walters, G. D. (2011). Predicting recidivism with the Psychological Inventory of Criminal Thinking Styles and Level of Service Inventory-Revised: Screening Version. Law And Human Behavior, 35(3), 211-220. doi:10.1007/s10979-010-9231-7

Van Der Linden, D., Dunkel, C. S., Beaver, K. M., & Louwen, M. (2015). The unusual suspect: The General Factor of Personality (GFP), life history theory, and delinquent behavior. Evolutionary Behavioral Sciences, 9(3), 145-160. doi:10.1037/ebs0000027

(d.d.). Criminal theory summaries. Retrieved From [http://www.cineparallevar.net/lashorasperdidas/wp-content/uploads/2010/11/theorysummaries.pdf]

 

 

 

 

 

 

 

JOIN OUR NEWSLETTER
I agree to have my personal information transfered to MailChimp ( more information )
Join over 8.000 visitors who are receiving our newsletter and learn specialized information, get discounts on training, and network with professionals like you!
We hate spam. Your email address will not be sold or shared with anyone else.