Vol. 3, No. 8 (August, 1993), pp. 84-86.
ABOVE THE LAW: POLICE AND THE EXCESSIVE USE OF FORCE by Jerome H.
Skolnick and James J. Fyfe. New York: The Free Press, 1993.
313pp. Cloth $24.95.
Reviewed by Stuart A. Scheingold, Department of Political
Science, The University of Washington.
This is a practical, policy oriented book, and it covers its
subject, excessive use of force by the police, like a blanket.
Given its unflinching focus on an ugly subject, this is also a
surprisingly upbeat book. Skolnick and Fyfe are upbeat because,
despite current impressions to contrary, their view is that
police violence is less of a problem than it used to be; because
there are proven reforms that can reduce police violence; and
because it is more and more widely acknowledged that a reduction
in police violence is the precondition to effective policing.
Thus, their optimism concerns not only the reforms themselves but
extends to chances of these reforms being widely accepted in
American policing. Moreover, while they are uncompromising in
their denunciation of police violence, Skolnick and Fyfe clearly
admire and respect police officers whom they see as victims of
their own (and the public's) unrealistic expectations, of
perverse organizational incentives, and of a violent subculture.
The tone of the book as well as its major themes are established
in a prologue that uses a detailed recounting of the Rodney King
incident to demonstrate how and why a police department can go
wrong. This prologue is the book in microcosm and is followed by
an expansive, discursive and well documented inquiry divided into
three parts and ten chapters. The authors draw widely and
eclectically on the relevant academic literature, journalistic
accounts and their own extensive personal experience.
Part One examines the circumstances in which the police are
tempted to misuse force -- considered in separate chapters:
vigilante justice, the third degree, and public order policing.
Vigilante justice serves as a kind of metaphor for this entire
section. Regardless of whether police violence is used as a
substitute for the judicial process (as with Rodney King), to
extract a confession from a suspect in a criminal case, or
against political protests and ghetto riots, in resorting to
excessive force, the police are reenacting a familiar American
drama:
[S]omewhere deep in the American experience is the idea that the
legal order and its system of punishment are inadequate to cope
with THE PROBLEM, whether defined as crime, as immigrants, or as
minority groups (p. 25. italics in the original). The emphasis
here is very much on how and why this police lawlessness is
ordinarily directed against marginalized Americans.
Part Two examines the factors that nurture police violence. There
is one chapter on the subculture that leads the police to think
of themselves as the proverbial, and under appreciated,
"thin blue line" between civilization and barbarism. A
second chapter is devoted to the unfortunate tendency to import
military models into police organizations and to apply military
metaphors to the struggle against crime. The military metaphors
encourage the police to think of themselves as "ghetto
gunslinger" at war with the communities they should be
serving (p. 133). The section concludes with a third chapter on
the retreat from police accountability that accompanied the
depoliticized professional approach to policing. This approach
further distances the police from the public -- in part through
an impersonal style of policing and in part through a
bureaucratic organizational structure that discourages street
level ingenuity and initiative.
In Part Three Skolnick and Fyfe turn to reform. They believe that
reform must begin at the top with an able and determined police
chief. They go on to express support for both community and
problem oriented policing, for a police cadet corps as well as
for civilian oversight of complaints against the police.
Conversely , they doubt that courts have the will and/or the
means to establish effective control over police violence.
Included in
Page 85 follows:
their skepticism is the currently fashionable idea that civil
cases with monetary damages will put pressure on the police to
mend their ways:
In big police jurisdictions, verdicts and settlements are cheaper
than paying for enough new cops to make a real difference in a
department's ability to mount a street presence (p. 207).
According to the authors, the evidence from cities like Los
Angeles suggests that public officials INCORRECTLY believe that
"police violence may inhibit offenders" (Ibid.), thus
providing "law and order" on the cheap. As for civilian
oversight, Skol-
nick and Fyfe do not see it as a panacea, but do believe it will
make accountability more credible and point also to its
effectiveness in New York:
[I]n the two decades since this system was put in place by
Patrick V. Murphy, the rate at which New York cops killed people
has been among the very lowest among big American cities. They
have also enjoyed one of the lowest mortality rates among police
in any U.S. city (p. 235).
In short, the recipe for reform provided in ABOVE THE LAW is a
more open and accountable form of policing that engages and
rewards the talents of well trained street level officers.
As this summary suggests, there are no major surprises in ABOVE
THE LAW. It is primarily a work of synthesis informed by the
sensibilities of two very savvy and knowledgeable students of
policing. It is also a gritty book that provides many, many
graphic examples of both good and bad police work in a readily
accessible form. Skolnick and Fyfe know what they like and what
they do not like, and they present and defend their preferences
with considerable verve. A major strength of the book is the way
in which the underlying argument builds as chapters reinforce one
another and disparate ideas converge.
Still, Skolnick and Fyfe's "can do" message leaves
little room to consider in more than a pro forma way some of the
serious questions that have been raised about the reforms they
support. Community policing is, for example, a much more
controversial reform than their analysis suggests (Greene and
Mastrowski, 1988). Nor is it clear that a tough and resourceful
chief can turn things around in the way they suggest. Just such a
chief, Anthony Bouza, former head of the Minneapolis department
put it this way in a P.O.V. documentary aired on public
television.
I think when a chief of police comes to take over an
organization, he has one of two choices to make. He is either
going to serve the police and their comfort and convenience or he
is going to serve the people. And those two ideas are I think
irreconcilable. People will say you can do both, and I say you
can not.
Similarly, Skolnick and Fyfe celebrate the post Knapp Commission
success of Patrick V. Murphy in New York, but a recent NEW YORKER
article raises troubling questions about his achievements
(Lardner, 1993). Finally, while I am not necessarily pessimistic
about the political prospects of their recipe for reform, the
politics of police reform is itself a neglected issue that merits
more than the cursory attention it is given in ABOVE THE LAW.
It would be unfair to make too much of these reservations. This
is first and foremost a book of responsible advocacy. It presents
and defends a plausible plan not only for reducing police
violence but, in a more positive vein, for redefining policing to
better serve a society characterized by "change, diversity
and disparity" (p. 238). Accentuating the positive will make
it more likely, I suspect, that this knowledgeable, respectful,
upbeat, and readable book will get the attention of the
influential people who must be convinced if reform is to be
achieved.
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REFERENCES Greene, Jack R., and Stephen D. Mastrofski (Editors),
COMMUNITY POLICING: RHETORIC OR REALITY. New York: Praeger, 1988.
Lardner, James, "The Whistle Blower," THE NEW YORKER,
July 5, 1993, pp. 52-70 and July 12, 1993, pp. 39-59.
Copyright 1993