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Running head: THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES.

The Impact of Police Video Recordings on Policing Strategies Jason G. Potts In Fulfillment of a Capstone Requirement University of California, Irvine Criminology, Law & Society 2015

Author Note Jason G. Potts, Master of Advanced Study, Criminology, Law and Society, University of California, Irvine

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Abstract This paper explores the impact video recordings have on policing strategies. Improved police legitimacy, professionalism, transparency, innovation and crime reduction efficiency were seen with body worn (BWC) and in-car camera policies. Privacy and mistrust were concerns for both police and the public. Closed circuit television (CCTV) assisted with crime reduction when coupled with human effort; however, controverting data revealed it only displaced crime. License plate readers (LPR) exponentially assisted in investigations. However, despite the perceived benefits, policies must be considered with clear goals that consistently consider the holistic human experience. Police video recordings have documented limitations and consequences that criminal justice administrators should consider as technology in the 21st century catches up with community mandates. The research examined BWC projects at Rialto, Vallejo, Phoenix and Mesa Police Departments. For instance, the data in the Rialto Police Department body-camera one year study revealed that use of force complaints dropped by 59% and citizen complaints by 88% compared to control samples. In addition, the effectiveness of CCTV and LPR’S were examined in Baltimore, Philadelphia, Wichita and Newark. In all of the studies - the human experience was an important factor in the effectiveness of video recordings of policing strategies. Without clear and direct policies, and if the police were given the latitude to activate, the data showed that they typically would not activate BWC from the outset of a citizen contact.

Keywords: police body-worn cameras, police in-car cameras, discretionary versus mandatory activation

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES I. INTRODUCTION Because of the increasingly panoptical world we live in, on-duty police are now routinely recorded (Farrar and Ariel, 2014). These recordings are not a cause for concern until police are called on to use force. Fortunately, police use of force is still a relatively uncommon event (IACP, 2012). Incidents of force captured on video can be polarizing, even if justified and within policy (COPS, 2014). Nonetheless, video recordings are not a panacea toward better relations between the police and the community, but they are valuable. These video recordings support increased police legitimacy, professionalism, transparency, and innovation along with crime reduction. However, they must be accomplished with policies and goals consistently and deliberately applied that consider the human experience. Video recordings memorialize events but do they capture what occurred? Feelings of exacerbation and societal disconnects toward police use of force are evident by events in Ferguson, Missouri and New York, and marked by the mass protests that followed. There is arguably not a more prominent covert recording of excessive force by police than the Rodney King incident that occurred in 1991. The reaction to the riots that followed, or the 2009 incident in Oakland, California involving Oscar Grant accidentally shot by Officer Johannes Mehserle, all reveal the police and some segments of society have tremendous work to bridge the gaps between fact and fiction. Tragic errors occasionally result when training does not address the occasional incidents of intense police stress. For example, Officer Mehserle accidentally shot Grant when Mehserle believed he was reaching for his TASER. Officers subjected to extreme stress not only have their decision-making ability affected, but their ability to accurately recall and perceive (Lewinsky, 2014). Video recordings are here to stay, and technology will continue to advance, but there are

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES inherent limitations. They are not a solution for all our woes, as they fail to consider the total human experience. The expectation is that body, and in-car cameras will provide a more accurate and transparent account while creating a civilizing and more professional effect for both citizens and police. Yet, as humans, we process, perceive, interpret, and plainly see events much differently than a camera. Cameras produce details that are "recorded portrayals of events from the myopic viewpoint" of a 2-D lens - not subjected to stress (Blake and Geis, 2014; Lewinsky, 2014). Hyper stress and fear create auditory exclusion and "inattention blindness" during lifeand-death incidents. As a result, memory and recall are significantly impaired (Blake and Geis, 2014; Lewinsky, 2014). Because the police will perceive these incidents much differently than the camera, an additional concern is that police will be judged liars after the video depicts a different version - even slightly. Cameras create more work in the form of end-of-shift downloads, technological glitches, report review and unreasonable Public Records Act and evidence discovery requests for support staff (COPS, 2014). As a result, they are often not supported by a cynical and distrustful police culture averse to change (Gilmartin, 2002). The decisions of judges and grand juries in some cases contribute to the public's polarization and view of an injustice done. Especially true when they seem to give police use of force an unwarranted benefit of the doubt. For example, in the landmark case - Graham v. Connor, the police officer was judged to have not used excessive force. In that case, the petitioner had a medical reaction, but police believed he was resisting, which resulted in multiple injuries at the hands of police. Despite the use of force, the Supreme Court Justices ruled the behavior of the police reasonable. Based on the Fourth Amendment objective reasonableness standard, which compared the action of an involved officer with similar training and experience and without the benefit of 20/20 hindsight (Ross, 2002)? However, risk managers and city

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES attorneys send the opposite message of culpability for police when monetary settlements become settled out of court for hundreds of thousands of dollars. The proliferation of video recordings and media sensationalism has partly contributed to unsupported scrutiny of police (Blum, 2002). This examination occasionally leads to resistance by the police in the form of de-policing (Cooper, 2003; Goodman and Baker, 2015). Police push back is evident in Oakland where quality of life crimes, i.e., open-air drug dealing and street level prostitution have increased and gone unenforced. Proactive enforcement arrests are down significantly, partly due to federal monitoring and the erosion of police discretion and trust via restrictive policies and mandatory body camera activation for every citizen contact (Bulwa, 2012). There is research that documents the benefits of video recordings on police. Benefits included self-awareness, crime reduction and increased professionalism (Ariel, Farrar & Sutherland, 2014; COPS, 2014; White, 2013; Ramirez, 2014). Of course, video recordings assist the police. For example, the Boston Marathon bombers were identified via closed circuit television (CCTV) video recording. License plate readers (LPR) have provided investigators with a technologically advanced tool that has been used exponentially to assist in criminal investigations. Internally generated administrative investigations also benefit, which was apparent when Mehserle's defense enhanced cell phone recordings. The video-recordings ostensibly proved he did not intentionally execute Oscar Grant, but manipulated his thumb, consistent with one deploying a TASER (Rains, 2012). Body and in-car cameras are often used to exonerate officers accused of false complaints. Research in two different studies - Mesa, Arizona and Rialto, California documented a significant lessening of use of force incidents and citizen complaints. These studies seemed to show that they occurred without push back by

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES police (Farrar and Ariel, 2014; White, 2013; Roy, 2014). Nonetheless, both of these studies showed the importance of a mandatory body camera policy compared to a discretionary one. For example, the Vallejo Police has utilized a discretionary body camera policy since 2011, and the result was little to no effect on the use of force incidents or complaints. Officer involved shootings may have lessened in Vallejo since body cameras, but this may have been the result of increased scrutiny and other similar measures. Police across the US and UK, tasked with collecting evidence, gathering victim and witness statements, benefit with more cases prosecuted due to the efficient memorialization of crime scenes (White, 2013). Additionally, video recordings encapsulate incidents in a non-sterile environment that assist prosecutors tasked with prosecuting complicated offenses such as domestic violence (COPS, 2014). Video recordings are not a cure-all for the woes that affect police and community relations, as there are many questions that must still be answered to assess their actual effectiveness. The road map of this paper will unfold via a literature review, followed by a methodology section, a discussion, and conclusion. Clearly understanding and communicating the pros and cons of video recordings is critical. Privacy awareness, police legitimacy, changes in police services, training and crime reduction benefits to the community and police who will use them, may sustain use and legitimacy. II. LITERATURE REVIEW The purpose of this study examined the benefits and consequences of video recordings toward policing strategies. Research cited increased professionalism and legitimacy, crime reduction, researched misconceptions, de-policing, scrutiny, distrust and privacy concerns in the study. This is important because a thorough knowledge of the benefits and limitations of video recordings is critical to police agencies desiring to implement them. Once a decision is made to

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES implement a body and in-car camera policy, the public, including courts will expect it (COPS, 2014; Ramirez, 2014; White, 2013). This literature review will evaluate body and in-car cameras, closed circuit television recordings and license plate readers. With all of these technological advancements, privacy concerns along with the study of de-policing will be addressed. Why would we discuss depolicing or a refusal of police to enforce crime proactively? As cameras are increasingly worn by police officers, some fear that police will increasingly perceive a loss of trust, discretionary decision-making ability and an ability to be autonomous. The public does not call on video recordings for physicians and airline pilots, so why the police? Both professions come with significant responsibility and occasional poor behavior. The current perception held by some in the public about police behavior is troubling. The need to confirm police conduct through video recordings seems to be an indictment of poor police behavior, which is disappointing because community-based policing has advanced police legitimacy over the years (COPS, 2014; White 2013; Harris, 2010 Schellenberg, 2000). However, even with a growing need for police accountability and corroboration, body and in-car cameras foster concerns. For example, if not implemented clearly and reasonably, some studies show that police will tend to be more officious as a result of less perceived discretionary decision-making ability and an erosion of trust (Roy, 2014; Schellenberg, 2000). This increased surveillance of the police was evident in a 2000 study, which showed that police officers forced to work with in-car camera videos preferred to trade leniency for legitimacy. In one evaluation, if the officers knew their behavior was recorded, they were more inclined to issue a ticket or summons than provide a warning (Schellenberg, 2000). The effect may need further research as officers behaviors change as they become desensitized to the presence of cameras, along with

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES many other informal and formal factors, which affect individual officers differently. Schellenberg’s study (2000) also cited research by Grant (1988) in that police prepared more thoroughly for interviews when they were recorded. Not surprisingly, those recorded interviews had few if any instances of egregious misconduct. Some have suggested that video recordings, i.e., body and car cameras start from a position of mistrust (COPS, 2014). Nevertheless, some fear police will lose the ability to foster unique and informal relationships with the public due to increased surveillance and less perceived privacy (COPS, 2014; White, 2013). In addition, push back from the police in a “do nothing – do nothing wrong” approach to policing is an everpresent concern with video recording surveillance. Evident in cities such as Oakland and New York where the police as a whole have chosen to not proactively enforce crime for fear of violating a policy or punishing politicians (Bulwa, 2012; Cooper, 2003; Goodman & Baker, 2015). The Connecticut State Police first experimented with in-car cameras in the 1960’s, by utilizing a tripod and a large recording device (Albright et al., 2004). However, those limitations continued in law enforcement until the 1980’s, when heightened awareness by Mothers Against Drunk Drivers (MADD) for DUI drivers emphasized prosecutions and convictions. Prosecutors believed video evidence would assist them. As we moved into the 1990’s, society waged a war on drugs. Some criminal justice administrators had trouble believing suspects would provide consent to search when they possessed a trunk full of narcotics and hundreds of thousands of dollars. Awareness expanded to racial profiling and recent high profile cases depicted in the media (Albright et al., 2004). Today, cases such as Kelly Thomas in Fullerton California, Oscar Grant in Oakland California, Rodney King and now the recent incidents in Ferguson, Missouri and New York have polarized and galvanized some against the police. Rodney King first

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES highlighted police brutality awareness from the perspective of a video recording. Because of smartphone technology police are now routinely captured on video (COPS, 2014; White, 2013; Harris, 2010; Blum, 2002). Today, we see it sensationalized via the media. Adding to the ubiquitous function of the 21st century are the immensely popular YouTube videos and their contributions to mainstream media. Smartphone cameras are ready to record and upload. They have made anyone with a camera an instant social media actor, director and producer. Well over a hundred years ago, Sir Robert Peel stated the following, “The ability of the police to perform their duties is dependent upon public approval of police actions.” The police are typically able to police a community based on the community’s tolerance level for crime and the developed partnerships. Legitimacy and transparency through video recordings should improve those perceptions (COPS, 2014; Farrar and Ariel, 2014). Additionally, Peel said, “Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public, and the public are the police. The police being only members of the public who are paid to give full-time attention to duties that are incumbent on every citizen in the interests of community welfare and existence” (COPS, 2014). Limitations and Benefits of Body and Car Cameras Research has shown that response times for police decrease when police have in-car cameras (Ulkeman, 2009). From a Department of Justice Study in 2004, 41% said that the body and in-car cameras increased case preparation time (Albright et al., 2004). These limitations do not include evidence discovery requests for support staff, and potentially enormous Public Records Act requests (COPS, 2014; White, 2013). Nevertheless, technology has advanced, and, as a result, some are now calling for mandatory body cameras for all police – despite the

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES problems. If policies are implemented, then police agencies must develop “buy in” early on from the police union and their line staff (White, 2013; Farrar & Ariel, 2014; Roy, 2014). When implementing a body worn camera program, a Phoenix Police Department Commander articulated the importance of involving all stakeholders. Being deliberate in the process, while establishing clear goals and celebrating successes when they occur were cited as critical (White, 2013; Katz, Kurtenbach and White, 2013). Cameras should be a tool to protect them and make their jobs easier, instead of another form of scrutiny or surveillance (Katz, Kurtenbach and White, 2013). However, this will not be an easy undertaking, as there are limitations (COPS, 2014; White, 2013; Lewinsky, 2014). Researchers have shown that videos only capture a one to two-dimensional perspective, and when an officer is subjected to fear and/or stress, the view restricts even more (Lewinsky, 2014). The brain when subjected to fear and stress, can edit, perceive and see things much differently than what we see on camera (Blake and Geis, 2014). For example, an impaired prefrontal cortex is commonly seen with a brain under high stress and fear. This impairment then leads to disconnection and impaired neurons in the brain, which then may dramatically affect recall (Arnsten, 2009). In addition, cameras simply show a different view of the multi-dimensional world in which we see and perceive. For instance, because of depth perception or a single angle, a police officer depicted at a distance may erroneously appear to be striking a subject’s head (Lewinsky, 2014). Additionally, police are often armed with additional information that cameras do not capture, such as relevant criminal background information (Lewinsky, 2014; Blake & Geis, 2014; COPS, 2014). So what happens when the video depicts a much different version of events than what the police officer perceives? Slight discrepancies in police accounts as compared to camera views may deem the police officer a liar, which could terminate a career. A concern, because of

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES advancements in technology, body-worn video cameras may soon be used to document almost every aspect of a law enforcement officer’s shift. Dr. Lewinsky (2014) recently testified before the Task Force on 21st Century Policing and concluded the following limitations: Body and incar cameras do not always track what the eye sees. They capture a wide scene different from a human eye but may miss subtle cues and movements, which is especially true under stress, as the mind goes into fight or flight. The field of view then constricts significantly compared to a wideopen camera view (Lewinsky, 2014; Blake and Geis, 2014). The camera does not factor in line of sight, expectancy perception, periphery limitations, visual acuity and surrounding behavior (Lewinksy, 2014). As briefly mentioned above, cameras have a much greater field of view compared to one’s eyesight. Two popular brands, used by most police agencies, are the VIEVU and TASER Axon. They have the following fields of view (FOV): The best model for the “VIEVU” has a 95- degree field of view. TASER Axon has a 130-degree field of view (Blake and Geis, 2014). Why does this matter? Well, the human eye has a much smaller field of field, and again can deploy perception and prior knowledge into one’s decision-making process, which a camera cannot. The human brain is limited to what it sees under the best conditions - not subjected to stress or fear. For example, human vision has a typical visual field of view of only 55 to 60 degrees, much less than most body cameras (Blake and Geis, 2014). Additionally, cameras are unable to feel when a subject has tensed up. So, to one watching a video, they will only see a police officer placing a subject in a control hold and may deem that behavior unnecessary. Innocuous looking movements may be just that on a camera; they will not capture a prior experience with the suspect or interpretations of his movements based on an officer’s training and experience (Lewinsky, 2014). Further, one’s ability to

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES observe, orient, decide and act (OODA) might be much slower than the view perceived on camera. OODA is relevant when evaluating police officer fatal incidents. For example, a police officer may have continued to shoot when the suspect dropped the weapon or turned their back (Blake and Geis, 2014; Lewinsky, 2014). We see the video required of NFL football referees to get a call right. Even with multiple angles, slowed down and played back over and again, some of us still disagree on the call made (Lewinsky, 2014). In Shreveport Louisiana, a YouTube video depicted the apparent execution of a young man by the police. This so-called police “execution” appeared very clear in one video clip. However, it illustrated a much different perspective when seen from other dashboard camera angles. The young man used a cell phone to simulate a firearm against police in an apparent incident of suicide by cop (Marquise Hudspeth YouTube, 2009). If not for the other camera angles, the conclusion may have been much different for those officers instead. According to Professor Katz of Arizona State University, there is still much to learn in reference to the real benefits and consequences of body cameras. He identified as a potential consequence the impact enormous amounts of data technology would have on storage and retention. There were also notable concerns with recording life for devices, which had a range of 1.5 to 12 hours of charging time, but ultimately a range of 2-6 hours. TASER seemed to have the most optimum product at 12 hours of charging (Ramirez, 2014). Nonetheless, there are benefits to video recordings, in the form of increased professionalism, among others, to include the camera’s ability to invoke a civilizing effect on the public (Farrar and Ariel, 2014). For example, the International Association of Chiefs of Police (2005) surveyed 900 citizens in 18 states. The survey discovered that 51% of the citizens believe that they modify and change their behavior in the presence of an in-car camera (Ulkeman, 2009).

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES If the police are aware they are being observed, then they are more apt to adhere to policies, rules and social norms (Farrar & Ariel, 2014; Ramirez, 2014; Harris, 2010). From a specific and general deterrence theory, most poor behavior seems to be deterred by the perception of swiftness and certainty of punishment (Farrar and Ariel, 2014). As a result, the correlation between video monitoring and professionalism seems clear. We comply with social norms when we know we are being watched. The public, including the police, develop heightened selfawareness, which ensures we are more likely to go along with the rules (Farrar and Ariel, 2014). A 1989 study illustrated the power of observation. In that study, an observer examined over a four-day period whether college girls would wash their hands after using the toilet. She watched as 24 of 31 female college students washed their hands - accomplished when the observer’s presence was well known. Nevertheless, only 11 of 28 washed when they did not believe they were being observed (Munger and Shelby, 1989; Ariel, Farrar & Sutherland, 2014). There are multiple studies that suggest people do alter their behavior when they know they are being watched. In one study, the presence of a poster of staring human eyes was enough significantly to change the participant's behavior (ACLU, 2013; Calo, 2011). That behavior goes to the crux of police body video cameras in that we modify our responses when we believe we are being watched; police are no different, but there is still much to learn. Officers have reported increased officer safety, successful prosecution, reduced frivolous complaints and court time. Video evidence has exonerated officers in internal investigations (COPS, 2014; Ramirez, 2014; Roy, 2014; NIJ, 2012; Ariel, Farrar & Sutherland, 2014; Albright et al., 2004). In a 2004 survey conducted by the Department of Justice, 33% felt that car cameras made them feel safer (Albright et al., 2004). 91% of prosecutors used the videos; 58% stated it reduced time spent in court. However, U.S. research has not sufficiently examined with

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES empirical data better prosecution. The Plymouth Head Camera Project reported that the technology increased an officer’s ability to document a violent crime had occurred when responding to crimes of violence. Incidents recorded by body cameras were more likely resolved through guilty pleas rather than criminal trials (White, 2013). Because cases tend to plead, overtime costs are lowered. According to the UK Home Office guide, an expedient resolve of cases also meant a 22.4 percent reduction in paperwork and case preparation. As a result, police gained an extra 50 minutes per a nine-hour shift (White, 2013). Additionally, cameras consistently activated seem to reduce complaints of police misconduct and as a result, a reduction in litigation (Ramirez, 2014; COPS, 2014). Finally, police cameras may prove useful for training and debriefing officers after critical incidents (COPS, 2014; NIJ, 2012; Harris, 2010). The ability to efficiently collect evidence for everyone to see also improved overall transparency (Ariel, Farrar & Sutherland, 2014, Albright et al., 2004; Marks, 2013; COPS, 2014, Ramirez, 2014). Marks (2013) documented an incident of transparency via CopTrax, a company from Plano, Texas. Technicians recently fine-tuned their body cameras so that they can work with Google Glass to record what the officer sees, rather than a view depicted from the chest. Police in Byron, Georgia were able to make the first arrest on record utilizing CopTrax's Google Glass system, where it streamed live an officer’s viewpoint back to police headquarters (Marks, 2013). From the Mesa Arizona body camera study, White (2013) documented a 60 percent decline in complaints as compared to those not wearing body cameras. The Mesa Arizona study researched volunteer use compared to mandatory use through a ten-month study and 1,675 police-citizen contacts (Roy, 2014). In the study, volunteers averaged 71 more video recordings

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES per month, compared to just 28 videos for assigned officers (White, 2013; Roy, 2014). However, similar to a Rialto Police Department study, unknown behavior dynamics may have caused the decline. For example, in a one-year study by Rialto Police, use-of-force incidents were reduced from 61 to 25 in those control and experimental groups. Additionally, there was a reduction in complaints from 24 to 3. According to the Rialto study, officers were surveyed before and during, and there was no change in self-legitimacy (Farrar and Ariel, 2014). Did the camera’s presence have a civilizing effect on the officer and citizen, or was there simply a change, even subtle in the complaint process? Did the police just avoid proactive enforcement, i.e., stopping suspicious subjects on foot or in a car? For example from a study by VIEVU (2015), a leading body camera manufacturer. They documented the following statistics from Oakland Police (OPD): According to numbers from OPD, there was a 73.8% decrease in use-of-force incidents. The number of incidents dropped from 2,186 in 2009 to 1,945 in 2010, when just under 200 officers began to wear body cameras and dropped down to 572 events in 2014 when 619 officers wore cameras. Notably, the department has gone 18 months without an officer-involved shooting, where they alleged an average of about eight incidents per year prior to the implementation of the body cameras (VIEVU, 2015). Was this because of the VIEVU body cameras or the perceived informal and formal scrutiny police were under and the resultant change in behavior for fear of getting in trouble? White (2013) emphasized the perceived benefits to the cameras, as there is minimal research to support or disprove all the advantages mentioned above. De-policing - Loss of Discretion, Trust, and Autonomy White (2013) documented a quote from a union official with Baltimore Police, this official said, “Trust builds relationships, and body-worn cameras start from a position of

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES mistrust.” However, Chief of Police, John Carli of Vacaville Police Department believed that if body cameras are presented as a tool to make a police officer’s job better, i.e. efficiency, better prosecution, and training, instead of one used to second-guess, then he believed that officers would be more inclined to support it (COPS, 2014). Police administrators should routinely celebrate camera successes with video recordings. Fishing expeditions and holding officers accountable for minor policy violations caught on camera, damage the initial support of a video recording policy (COPS, 2014; White, 2013). Scrutiny of any profession is warranted but with unsupported scrutiny comes possible consequences in the form of work slowdowns (Cooper, 2003). However, not all scrutiny is negative. By the very nature of police work, police have a monopoly on use of force and authority, so it is important that the police are perceived to act reasonably and legitimately. To that end, positive and supportive examinations of conduct are valuable in order to find an identity; it can invoke a positive police behavior through community trust, confirmation and empowerment (Shane, 2010). Stone and Travis (2013) believe that police should strive for accountability, legitimacy and innovation. Video recordings may achieve this through consistent implementation of a body and in- car camera system (Sklansky, 2011; Stone and Travis, 2013). However, this might be difficult because quality of life crimes such as open-air drug dealing, vagrancy, and prostitution go unenforced when morale is down. Morale may suffer when police feel they are being secondguessed by increased surveillance (Cooper, 2003). Officers de-police and punish those that over scrutinize and second-guess. Especially, when police believe their autonomy or discretionary decision-making abilities are being eroded, which some police fear with the introduction of video recordings (Cooper, 2003). To illustrate this consequence, one need only look at the New York

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Police Department. They had a dramatic work slow down after Mayor DeBlasio criticized the police. The results from NYPD CompStat Unit were telling. For example, statistics compared to last year for New Year’s week were down significantly - Parking violations 16,008 to 1,191; Traffic infractions 9,349 to 749; Criminal Summonses 4,077 to 347. With this slowdown, robberies rose 13.5 percent and murders were up 11 compared to 7 during that same week, which appears to show the correlation between non-proactive enforcement and crime rates (Goodman and Baker, 2015). Police officers have a great deal of discretion, and the work is autonomous. For example, it is not uncommon for police to have very few interactions with their supervisors (Shane, 2010). In one study, police cited second-guessing as a significant job stressor (Shane, 2010; Blum, 2002). Freedom was cited as a police job benefit (Parson & Jesilow, 1999; Roy, 2014; Cooper, 2003). Nonetheless, police occasionally participate in impulsive behavior where a lack of selfcontrol and hyper-masculinity is on display, which predisposes misbehavior. Not surprising as police are picked from society (Cooper, 2008; Donner and Jennings, 2014). This misconduct seems to show a need to verify police conduct through recordings. In the research by Donner and Jennings (2014), female officers were 38% less likely to be involved in misconduct compared with their male counterparts. Their results also indicated that officers younger than age 26 at the time of their application were 47% more likely to receive a departmental disciplinary action (Donner and Jennings, 2014). Donner and Jennings (2014) further discussed the importance of assessing deterrence on police misconduct. Their study researched self-control and the examination of “certainty, severity and celerity” on 210 police, civilian and sworn. Participants were given two hypothetical scenarios: failing to report a fellow officer driving under the influence (DUI) and conducting unauthorized record checks of a new neighbor. Their

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES analysis found that impulsivity had a direct effect on police misconduct; that impulsivity partially mediated the effect any punishment or deterrence would have on behavior (Donner & Jennings, 2014). Recording police may negate those predisposed to impulsivity and a lack of self-control. “Hot spot” policing strategy, often result in more negative encounters with citizens when stopped by police on foot (Skogan, 2005; Sherman, 1997). Police video recordings through increased self-awareness may minimize these negative encounters, but it cuts both ways, as it requires police to choose proactivity, one that they may refuse based on the increasing panoptical environment. Finally, accountability was addressed in a thorough study from the University of North Texas. Ulkemen (2009) suggested that municipal police departments that deployed both in-car and CCTV cameras tended to have a higher number of sustained complaints. This research may conclude that Internal Affairs Units can hold their officers accountable with proof of misconduct – compared to those that did not, which supports the claim that cameras accomplish trust and transparency from the community (COPS, 2014; Farrar & Ariel, 2014; Ramirez, 2014). Closed Circuit Video Surveillance Cameras As we progress further into the 21st century, we see surveillance videos located almost everywhere. One might consider we are a society that has become desensitized to video cameras. This lack of camera awareness is evident with the advancement of smartphone technology, popularity of reality television shows, and the rise of social media. Now it seems anyone can instantly upload videos to popular social media sites such as YouTube and Facebook - all of which have contributed to exaggerated ideals of narcissism and indulgence. Nonetheless, do surveillance cameras work in preventing and deterring crime? Many

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES legal scholars have suggested that CCTV does little to reduce crime. The reality is that most of our crimes are out of the view of the camera lens (La Vigne, 2011; Caplan and Kennedy, 2014). When they do show reductions, there is research that indicates it is typically displaced somewhere else (Ratcliffe, Taniguchi, and Taylor, 2008; Piza, Caplan and Kennedy 2014). However, an offender may see the presence of cameras as a sign that the community cares. They are more willing to report the illicit behavior - similar to the “Broken Windows Theory” (Wilson and Kelling, 1982). Similar to body and in-car cameras, CCTVs often do not consider the human experience. Nevertheless, these surveillance cameras seem to have more to do with the perception and symbolic view that something is being done to combat crime, than in real objective results (Coleman, 2012). Unfortunately, most CCTVs require significant human capital to man them. These cameras work well in deterring crime in retail loss prevention settings but seem to miss the mark in overall crime reduction. However, this didn’t appear to concern social theorist Michael Foucault. He asserted that it was not important that one was under surveillance; it is the potential for being watched. As a result, Foucault believed that the “intense internalization of discipline reduces the need for external restraints” (Calavita, 2010). Kennedy, & Petrossian, (2011) theorized that cameras might create an atmosphere of swift and certain punishment. Renowned criminologist Sherman cited this as critical to successful crime reduction efforts (Sherman, 2013). A Newark Police Department study evaluated the deterrent effects of CCTV cameras on three types of crimes—shootings, auto thefts, and thefts from cars (Caplan et al. (2011). These crimes were chosen because they typically occurred outside and within sight of domed cameras, which provide a 360-degree omnipresent view from the offender’s perspective. Additionally, Caplan et al. (2011) proposed that the limitation of CCTV’s were not for a

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES lack of technology, but the result of human limitations. As mentioned in previous discussions, video recordings are not a panacea for crime woes or improved police and community relations, but in this study they seemed to assist crime-fighting efforts. From a micro level perspective, crimes that often occur outside, such as street level prostitution, auto thefts and open-air drug dealing, benefit with “hot spot” patrols that target specific crime groups (Caplan et al., 2011). If so, then they should be measured and coupled with the assistance of CCTV. Hotspot increased patrols and the increased proactive arrests of subjects armed with guns do work to reduce crime (Caplan et al., 2011; Sherman, Gottfredson, MacKenzie, Eck, Reuter, & Bushway, 1997). However, police must man the CCTV for them to be fully capable. Piza et al. (2014) documented the effectiveness of CCTV with the ability of the police to monitor effectively and coupled with proactive enforcement of hot spot locations. For example, Baltimore PD utilized cameras along with consistent monitoring and proactive street enforcement units (La Vigne, 2011). These efforts showed a reduction in crime (Piza et al., 2014; La Vigne, 2011). However, Caplan et al.’s (2011), research found of the 73 cameras throughout Newark, NJ only 58 experienced a reduction in shootings. 34 experienced reduced levels of auto theft and 41 a reduction in thefts from automobiles (Caplan et al., 2011; Piza et al. 2014). From a Temple University study, Ratcliffe and Taniguchi (2008) posit that there was a 13 percent reduction in crime in which CCTV surveillance was placed around Philadelphia. However, some locations showed no benefit of camera presence, which would lead one to believe that it may not be just the presence of the camera. Ratcliffe and Taniguchi (2008) suggested that a camera might work to prevent crime if two criteria are met. “The offender is aware that the camera might be watching their activity and second that the offender perceives that the risk of capture by police outweighs the benefits of the crime they are considering” (p.4).

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Displacement of crime to surrounding areas might be an adverse outcome of the cameras, but their research showed that it is result of a crime prevention initiative (Ratcliffe and Taniguchi 2008). In a Seattle hidden camera project from 1979, they cited that 55% of robberies were cleared by arrests when cameras were hidden. As opposed to only a 25% clearance rate for the control group area without cameras. Convictions were 49% with hidden cameras and 19% without (Whitcomb, 1979). License Plate Readers Wichita Police claimed in one patrol car, officers made 15 more arrests in six weeks while testing the value of license plate readers (LPR) than they normally would have. Most of those arrests came in the form of car thieves, but apprehending those driving on a suspended driver’s license and those possessing outstanding arrest warrants were also cited. They returned $80,000 in stolen property to owners (Wenzle, 2014). A 2009 survey showed that 37 percent of police were already using license plate readers or LPR (Merola, Lum, Cave, & Hibdon 2014). Despite the significant numbers, there are similar privacy concerns in reference to the government being able to watch the movements of the public. LPR’s are often useful in ascertaining movements of suspect vehicles involved in crimes. They have powerful abilities to show where cars have been parked. The technology is similar to “Google Maps” in which police vehicles and others equipped with LPR scan thousands of license plates a day and store them in police databases. Occasionally, these readers are strategically located at fixed locations where they can efficiently scan plates. The public knows very little about LPR’s, and there is little data to support any increased police legitimacy as a result of them (Merola et al., 2014). Additionally, there is little known about their effect on crime and deterrence (Merola et al., 2014).

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Some suggest that the technology goes too far by allowing police the ability to store significant amounts of data on innocent people to be used against them at later dates. Despite the concerns for privacy by defense attorneys, the public still supports the technology. If it can be used to track terrorism and sexual predators, then the survey is overwhelmingly in support of it (Merola et al., 2014). However, this is all tied to the severity of the crimes; it tapers off as the incidents are seen as less severe. Nonetheless, one theme common to license plate technology and body and in-car cameras, are privacy concerns tied to reasonable storage and policies on retention. Privacy Concerns There are many citizens who are apprehensive about speaking to the police for fear of retaliation, which is compounded by the presence of a camera. Of course confidential informants would be concerned when talking with police on camera (White, 2013; COPS, 2014). In addition, some have expressed concerns with how long the body and in-car camera footage would be retained. This is relevant as Public Records Act requests have a tendency to be extensive if not narrowed in their scope (COPS, 2014). To resist this, some agencies have made it a policy only to retain non-evidentiary items for 60 to 90 days, thus minimizing their Public Record Act requests. A police agency in Colorado has a policy of only keeping videos for 30 days if there was contact with a citizen. If no contact with the citizen, then the recording was retained for only seven days (COPS, 2014). Though more often, most agencies are opting to keep non-evidentiary video recordings for one year before they are purged (White, 2013; COPS, 2014). Just as important, are decisions on when officers should activate recordings, i.e., in one’s home, situations with nudity and victims of sexual assault. Most Chiefs and legal scholars suggest consent in some of those situations (Farrar & Ariel, 2014; Ramirez, 2014; COPS, 2014).

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Many police agencies, such as Oakland and Rialto, California; Mesa, Arizona; and Fort Collins, Colorado, afford police discretion to activate or deactivate cameras when interviewing victims of sensitive crimes (COPS, 2014). Some state legislators around the country are now pushing to make it more difficult for the public to get police body and in-car camera recordings through state public records laws (Foley, 2015). Those in support of that limitation assert that it is important for police to protect the privacy of individuals captured on police video, along with minimizing costly and labor- intensive public records requests (Foley, 2015). The ACLU believes there should be a balance between strong police accountability and privacy interests of society. Nonetheless, Scott Greenwood of the ACLU thinks police should be required to video record every police contact so that there is an “unimpeachable record of the good and bad” (COPS, 2014). The Police, Executive Research Foundation (PERF) assert that there are many interviews with crime victims, witnesses, informants and informal interactions with the public that should not be recorded. Thus, police agencies should adopt explicit policies that allow for discretion when deciding to activate the body and car cameras (Ramirez, 2014; White, 2013; Farrar & Ariel, 2014; COPS, 2014). Finally, according to an ACLU (2013) report, license plate readers in Maryland had over 29 million reads, but only 0.2 percent or 1 in 500 were hits. The significant dragnet that license plate readers have on innocent subject seems troubling if only 0.2 percent or 1 in 500 were associated with any crime or wrongdoing (ACLU, 2013). III. METHODS SECTION The video recording studies mostly utilized quantitative models, which used experimental and control groups. The data for the body camera studies was obtained from Rialto Police Department, Mesa Police Department, and Vallejo Police Department. The data collected from

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES the Vallejo Police Department was obtained by accessing the Vallejo Police Department's database – IA Pro, open and closed investigative files and the FBI Uniform Crime Report. IA Pro is a software program that many Internal Affairs (IA) Investigators throughout U.S. law enforcement utilize to track formal complaints against officers. The term "formal" complaint being the key word, as complaints are not fielded consistently throughout law enforcement, and conclusions on whether any complaint is logged informally or formally are subjective. The Vallejo Police Department has had a discretionary body camera system utilizing the VIEVU camera system since 2011 and the mandatory wearing of body cameras since 2013. Analysis of use of force data; officer-involved shootings; citizen complaints; and internally generated IA investigations were collected from 2011 through 2014. The Department began strictly tracking use of force complaints in 2012. The Mesa and Vallejo Police Department evaluation focused on the relevance and comparison of a discretionary and mandatory body camera policy. The ability to increase officer accountability, reduce citizen complaints, and lessen use of force incidents was evaluated for the presence of a BWC policy. Information on enhanced prosecutions was difficult to measure without a human survey. The data was transcribed and coded into the following themes – setting, participants, and procedure and data analysis. The Rialto Police Department study was chosen because researchers seemed to illustrate the effect self-awareness via body cameras had on legitimacy and professionalism and was the first study of its kind. The Mesa Police Department study researched the behavior of police and those effects when police are forced to wear and activate a body camera - compared to those who freely volunteered to wear one. Police video recordings were searched using the National Crime Justice Reference Service (NCJRS) as well as the University of California online library. Many peer-reviewed

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES articles were found on the subject of police video recordings, police behavior and police encounters within the community. In addition, the Body Worn Video Steering Group had many articles on the topic of body worn cameras, as did the National Institute of Justice (NIJ): Research, Development, and Education. The NIJ had a page dedicated to body-worn cameras. Blake and Geis of Force Analysis and Dr. Lewinsky of Force Science Institute were chosen, as they deal with recent trends in force analysis, and how they relate to police cameras and fields of vision under stress. The Community Oriented Policing (COPS) research paper on the implementation of a body camera program utilized law enforcement leadership throughout the U.S. and was one of the most up to date articles on the topic. They surveyed 254 law enforcement agencies and interviewed 40 police executives in reference to body - worn cameras (COPS, 2014). Other similar papers were chosen as they researched trends, limitations and benefits of video recordings. Research on police behavior was selected as it illustrated, and related an erosion of trust and second-guessing concerns police have to the panoptical effect of cameras. Finally, the Rialto, California body camera study displayed recent qualitative and quantitative analysis in reference to the role body-worn cameras play on police behavior in U.S. law enforcement. The Mesa, Arizona study researched policy strategies that compared the effectiveness of discretionary versus mandatory activation and other relevant variables. The Vallejo Police Department has utilized a discretionary body camera program since 2011. A quantitative analysis of their use of force, complaints, and officer-involved shootings illustrated little empirical data to support the claim that body cameras create less use of force incidents or complaints. This data was accessed by various internal affairs databases and internally generated documents, which are accurately managed by a full-time administrative analyst.

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES The Rialto Police Department's Body-Worn Camera Study The Rialto Police Department (115 officers) sought to answer the question: Will wearing body cameras reduce the number of complaints and number of instances of the use of force compared to control groups in which cameras were not worn (Ariel, Farrar & Sutherland, 2014)? Street level patrol officers were utilized by using random assignments with body cameras. They used high definition cameras manufactured by TASER, in which experimental integrity safeguards were maintained. In their study, experimental officers were required to activate them prior to every contact. The videos were then docked and downloaded into a secure database. To ensure integrity and transparency, the videos could not be accessed or altered by participants. In a one-year study, use-of-force incidents were reduced from 61 to 25 in that experimental group. Additionally, there was a reduction in complaints from 24 to 3. According to the study, officers were surveyed before and during - there was no change in self-legitimacy (Ariel, Farrar & Sutherland, 2014). A de-policing or "blue flu" attitude did not occur, in which police refused to enforce the law proactively. The lack of push back by police seemed surprising and relevant in my overall analysis of their body camera experiment. From Chief Farrar (2014): "By randomly assigning 988 shifts into experimental and control shifts within a large randomized controlled field experiment, the department investigated the extent to which cameras affect human behavior and, specifically, reduce the use of force by police or citizen complaints. Broadly, the Department put to test the implication of self-awareness to being observed on compliance and "deterrence theory in real-life settings and explored" the results in the wider context of theory and practice (Farrar and Ariel, 2014). The experimental procedure of the Rialto Police Body Worn Camera Study emphasized random assignment of all police shifts - compared with experimental and control conditions.

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Experimental shifts were assigned to wear body worn video cameras, which captured all policepublic encounters. The control shifts were instructed not to wear body cameras. The integrity of the study may have been achieved through comparison of footage hours against the assigned shifts. Random sampling of the footage was also conducted to ensure officers wore cameras as instructed (Farrar and Ariel, 2014). After the study, researchers measured the dependent variable - police behavior against the control group, which did not wear cameras. The results were significant and measurable improvements. Less use of force incidents and fewer citizen complaints as previously mentioned between experimental (those wearing BWC) and control groups (those not wearing BWC). Taken from Chief Farrar's study (2014) at Rialto Police Department the following illustrates the effectiveness of his body camera experiment:

Table 1: Rialto Police Department Use of Force, Citizen Complaints and Police Public Contacts 2009 Use of Force Complaints Police Public Contacts

70 36

2010 65 51

2011

2/20122/2013 60 25 28 3 40,111 43,289

Table 2: Rialto Police Department Officer Use of Force February 13, 2011 to February 12, 2012 = 61 February 13, 2012 to February 12, 2013 = 25 2009 - 70 2010 - 65 2011 - 60 CONTROL 17 EXPERIMENT 8

64.28% 61.53% 58.33%

The Rialto Police Body Worn Camera Study experiment seemed to show a noticeable cause and effect toward professional police behavior, and better community relations, especially

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES when police knew they were being watched. However, the limitations consist when measuring variables such as whether or not the community changed their behavior based on the apparent presence of the camera (civilizing effect). Or was it just because the police were behaving more professionally due to the camera? Another question in reference to the reduction in complaints was if the process or procedure in which complaints were being fielded or concluded changed – even subtly. For example, were citizens reminded that the incident was captured on video, and as a result, were the complaint numbers skewed? Another conclusion may have occurred because the police were behaving differently due to their focus in the study – similar to the Hawthorne experiment (Ulkeman, 2009)? For example, the Hawthorne studies were led by Mayo and Roethlisberger (1941) and began just before the Great Depression in 1927. They studied worker productivity; researchers discovered increased worker productivity after injecting different variables – some not so pleasant and with little negativity. The Hawthorne experiment illustrated those subjected to research make rational choices to perform better at work because they are the focus of an experiment (Ulkeman, 2009). One might make the inference that this could apply to watching police in the form of body and in-car cameras. Will police become desensitized to the presence of cameras? Perhaps the Hawthorne study was just the result of the times – scarce work during the Great Depression (Roethlisberger, 1941; Ulkeman 2009). Additionally, does a reduction in crime coincide with a reduction in complaints, as police increase legitimacy in their communities? The Rialto and Mesa, Arizona Body-Worn Video Study experiments did not answer those questions. Mesa, Arizona Police Department’s Body-Worn Camera Study Mesa Police Department used the TASER Axon body camera system. In Alison Roy's study (2014), she tackled the implementation of mandatory versus discretionary body camera

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES policies and other variables on the usage of body worn cameras by police. Up until then, there had been no research that examined mandatorily versus discretionary activation on improved police behavior or officer assignment - voluntary versus mandatorily assigned. Her research sought to answer the variables that affected the usage of body worn cameras, citizen and police actions during those field contacts" (p.12). Roy (2014) wanted to know if there was a difference in usage and if so, the variables that made it more or less efficient. The evaluation of the Mesa Police Department's body- worn video cameras revealed a 48% reduction in citizen complaints against camera officers for misconduct during the study period. There was a 75% decline in use of force complaints (Roy, 2014). Volunteer officers averaged 71 more video recordings per month, compared to just 28 videos for assigned officers (White, 2013; Roy, 2014). In addition, complaints were quickly resolved due to immediate access of storage data. Roy (2014) made a sound assumption, "Before the widespread diffusion of this technology occurs it behooves researchers to take a closer look at how the surveillance revolution is going to impact how citizens and police officers relate to each other, and how the coming flood of video evidence might change the way our justice system operates" (p.12). If street or line level officers believe that their autonomy and discretion making ability is threatened by the perception of increased surveillance and second-guessing, then police pushback is inevitable (Roy, 2014; Parsons & Jesilow, 2001). Allison Roy utilized the following methodology: “Specifically, under the mandatory activation policy, officers were instructed to activate the camera as they approached the scene of the call or point of initiation. The camera policy was changed to discretionary activation during the last five months of the evaluation period - (Apr 24, 2013 to Oct 1, 2013). During that period, officers were given the latitude to "exercise discretion and activate the on-officer body camera when they deem it appropriate" (Roy, 2014: 20).

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Not surprising, Roy discovered that when officers volunteered to use body-worn cameras but had the discretion to activate it, activation was less. Compared with those officers mandatorily assigned to use and activate body-worn cameras (Roy, 2014). There were other variables that were factored, such as when civilian bystanders were around. If bystanders were around, then a mandatory activation and assignment policy and/or a discretionary one had no bearing one way or other. However, juxtaposed to that, if other officers were around, then both groups were hesitant to activate. They didn't believe that other officers wanted to be captured on video. They seemed to be sensitive to the perceived privacy concerns of other officers (Roy, 2014). Additionally, the study concluded that officers with cameras made much fewer stop-andfrisk contacts and fewer arrests compared to those without cameras. Officers with cameras wrote much more tickets and citations – confirming a research theory that cameras make officers more officious, or perhaps they were simply punishing the public subconsciously or consciously. Finally, those with cameras were less likely to proactively contact subjects in the street (pedestrian stops). They were also less inclined to respond to calls (Roy, 2014; Wasserman, 2014). Vallejo Police Department Body Worn Video Study The Vallejo Police Department is a mid-sized police department that provides police services to a population of approximately 120,000 residents. The Department currently employs 110 sworn police. Between the years of 2009 and 2014 (FBI, 2014), the murder rate averaged 17 homicides per year. During that same period, the Department averaged approximately 10 citizen complaints a year - a minimal number considering the call volume. As an Internal Affairs Sergeant with the Vallejo Police Department, it is my experience that a complaint number such as this is not as relevant as one might think. There are minimal checks and balances. Citizen

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES complaints are fielded and evaluated based on human bias where many variables are considered before a formal complaint number is granted, and the case is investigated. An additional issue that has plagued the Vallejo Police Department was the dire financial situation the City of Vallejo found itself after it filed for federal Chapter 9 bankruptcy protection in 2008. The City emerged from bankruptcy a few years ago, but with a significant shortage of police officers compared to the national average. For example, in 2010, the Police Department operated with 89 police, which is .78 per 1000, compared to on average 2.46 per 1000. Further, according to the 2013 FBI Uniform Crime Report, Vallejo's homicide rate for a population between 80,000 and 150,000 was significantly higher than most any other city in California at 25. Only the cities of Compton – 36 and Pomona - 29 had more murders (FBI, 2013). Nevertheless, Vallejo is a violent city, and the police have a difficult challenge policing it with their staffing levels. For similar sized cities in California, violent crimes are 150% higher than the average, and the homicide rate is 370% greater than the mean of 5 (FBI, 2013). As already mentioned, the Vallejo Police Department began a discretionary VIEVU body camera system in June of 2011. The discretionary policy meant that police had the discretion of when to turn it on. 20 cameras were purchased for the pilot project, and provided to those that wanted to deploy them voluntarily. In the 3rd quarter of 2013 with the significant uptick in officer-involved shootings for 2012 every patrol officer and Sergeant was mandatorily assigned and restricted to wear a VIEVU camera while in uniform. Discretion to activate body-worn cameras was still provided to officers. Increased scrutiny by Vallejo Police administrators was coupled with mandatory use of force reporting; every incident of force was documented and tracked. An analysis of use of force to include TASER deployments, citizen complaints, internal

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES investigations and collisions from the start of the discretionary body camera program was illustrated in the following table. It showed little effect other than a reduction in officer-involved shootings:

Table 3: Vallejo Police Department Use of Force, Pursuits, Homicides, Citizen Complaints and Officer Involved Shootings 2011 2012 2013 2014 Sworn Staffing Use of Force Pursuits Homicides Complaints/Internal Investigations

92 85 28 19 17

88 135 48 14 41

82 153 36 25 22

106 186 64 17 24

Animal Shootings by Police Officer Involved Shootings

3

4

3

2

3 1 Officer Killed

9

5

2

The validity and reliability of the Vallejo Police Department data were obtained and measured by a dedicated Administrative Analyst. Verifying by hand documented written files, checked the reliability of the data. Essential to my analysis above, was the significant uptick in use of force incidents, complaints and officer-involved shootings – even pursuits jumped exponentially from 2011 to 2012. A meaningful event happened in 2011. Officer James Capoot was killed in a foot chase chasing a bank robbery suspect. Most every single member in the Vallejo Police Department was affected by his murder. The conclusion, despite a reduction in staffing, an increase in use of force complaints and officer involved shootings that unknown stressors partially contributed to the increases, independent of a policy utilizing the discretionary activation of body cameras. Nonetheless, other variables such as increased violence were occurring at that time as well, so conclusions are difficult to deduce from limited variables.

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Additionally, city employees were still suffering from the effects of bankruptcy in 2008 and morale was deteriorating. Haas et al. (2015) wrote that officers who are respected and empowered by their supervisors and peers are more likely to accept departmental policies and comply with them voluntarily (COPS, 2014). As a whole, respect and empowerment were not occurring at the Vallejo Police Department due to the perceived disrespect by city government leadership. A polarizing police culture and a lack of leadership at the time negated any attempts at creating or even sustaining any type of legitimacy. For example, the use of force numbers jumped 59% from 85 in 2011 to 135 in 2012 despite a reduction in staffing from 92 to 88 officers. Another interesting statistic was the jump from 3 officer-involved shootings in 2011 to 9 in 2012 - a 200% jump. As mentioned above, this sparked the mandatory wearing of body cameras in the 3rd quarter of 2013, but the policy was still a discretionary activation. In 2014, officer involved shootings dropped along with complaints in line with 2011 numbers. Body cameras may have contributed, but increased police scrutiny both formally and informally by new police administrators helped most of all; they were more inclined to hold police accountable. CCTV and License Plate Readers Similar to body and in-car cameras, police implementing CCTV's in high crime areas, often do not consider the human experience. Nevertheless, these surveillance cameras seem to have more to do with the perception and symbolic view that something is being done to combat crime, than in real objective results (Coleman, 2012). Placing CCTV cameras in high crime areas just displaces crime as was illustrated by CCTV studies by Caplan et al. (2011) in Newark and La Vigne (2011) in Baltimore. The Ratcliffe and Taniguchi, (2008) studies in Philadelphia, also illustrated this crime displacement. CCTV's when overtly displayed did little to reduce

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES crime, unless coupled with proactive policing and subjected to human effort. Most crime occurs indoors outside of the view of most omnipresent dome CCTV cameras. The point is that CCTV cameras, like body-worn and in-car cameras, are subject to human manipulation and error. To combat crime, police must use them efficiently and consistently. Relevant to my research, Piza et al. (2014) documented the effectiveness of CCTV coupled with the ability of the police to monitor crime along with proactive enforcement of hot spot locations. For example, Baltimore PD utilized cameras in combination with consistent monitoring and dynamic street enforcement units (La Vigne, 2011). These efforts showed a reduction in crime (Piza et al., 2014; La Vigne, 2011) - compared to just an omnipresent camera used only as a deterrent. The 1979 Seattle hidden camera project cited that arrests cleared 55% of robberies. Compared to only a 25% clearance rate for the control group area without cameras. Convictions were 49% with hidden cameras and 19% without (Whitcomb, 1979). The study on license plate readers was chosen because they demonstrate possible crime reducing effectiveness when strategically affixed to locations where they can efficiently scan plates. The public knows very little about LPR's, and there is little data to support any increased police legitimacy, as a result. There are many who are concerned about that technology when considering constitutional policing, trust and privacy. Nevertheless, when crimes are more severe such as terrorism, sexual violence, and child molestation, then the public is more apt to support privacy intrusions (Merola et al., 2014). Facial recognition software, gunshot detection systems, and drone surveillance are advancing quickly, but policies are having difficulty keeping up (Merola et al., 2014; COPS, 2014). Additionally, there is little empirical data on LPR’S effect on crime and deterrence (Merola et al., 2014).

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES IV. DISCUSSION and CONCLUSION SECTION Video recordings will continue to impact policing strategies because they are polarizing, especially when police incidents of force are captured on video. The efficient application of police video recordings is dependent on human effort, trust and sound leadership. Nonetheless, surveillance of the police starts from a position of mistrust. The following anonymous quote is telling, "We think you might be participating in misconduct, and we want you to prove that you are not." Not an attitude of empowerment and professionalism that we advocate our police. However, the distrust goes both ways in that some police administrators fail to trust the veracity of a citizen’s complaint. In some cases the local prosecutor’s office, with very little oversight, seems to practice disparate sentencing of marginalized groups. For example, 1 in 106 white men were behind bars for drug offenses, compared to 1 in 14 black men (Alexander, 2007: 100 and Pew, 2008). This study also focused on the benefits and consequences of video recordings. The research revealed that human subjectivity has a great deal to do with both the advantages and limitations. Further, challenges will remain because of technological limitations; lack of support from police unions; inconsistent use based on discretionary versus mandatory activation of bodyworn cameras, along with privacy concerns - both for the public and police. In most studies, the presence of body cameras resulted in less use of force incidents and citizen complaints. However, and most notably, the results were inconsistent when police were provided the discretion to wear and activate BWC. Not surprising, in the Mesa, Arizona study, those officers that interacted with citizens under the mandatory policy were more inclined to use the body-worn cameras. Compared to those provided the option to use them discretionarily (Roy, 2014). Use of force incidents and citizen complaints were tangibly different when compared to mandatory

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES versus discretionary activation (White, 2013; Roy, 2014). Video recordings by themselves are not a solution for better policing. However, the recordings may increase professionalism and improve the legitimacy of the public and police, while assisting in efficient evidence collection (White, 2013; Farrar & Ariel, 2014; Ramirez, 2014; COPS, 2014). The Rialto Police Department study, in partnership with the University of Cambridge, Institute of Criminology, showed that body cameras lessened use of force incidents dramatically with very little slow down or push back by police. During a 12-month study, their research revealed that officers who wore the cameras had 60 percent fewer incidents of use of force and 88 percent fewer complaints than the officers not wearing the cameras. The civilizing effects of self-awareness toward officers and citizens were discovered. Everyone seems to behave better (Farrar and Ariel, 2014). As mentioned, citizen complaints went down dramatically, and many agencies claimed that it discouraged people from filing unfounded complaints (COPS, 2014). Notwithstanding, the variables associated with citizens following through to file complaints were unknown. Did human subjectivity and discretion influence a citizen attempting to file a complaint? For example, did the Watch Commander or Internal Affairs Sergeant influence their decision by reminding them that the incident was captured on video recording, which thus skewed the numbers? Nevertheless, video recordings come at a cost with increased workload in the form of end of shift downloads; video recording reviews; data retention; costs associated with technology storage; increased labor to monitor the recordings; evidence discovery requests and the occasional public records act request. As previously mentioned, privacy concerns, a lack of trust, and a more officious interaction between police and the community were cited as concerns (COPS, 2014; Ariel, Farrar & Sutherland, 2014; Ramirez, 2014; White, 2013). There are video

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES recordings everywhere. We see them in taxis, buses, street corners, ATM's, businesses, hotel lobbies, pool areas and most notably smartphones. Large segments of society that police deal with are not always law abiding, but instead people police have to reason with or persuade. Some would argue that inappropriate words might have to be used when attempting to make a point in the vernacular that person may better understand. The presence of these cameras may make officers more professional, but will it make them safer? Will they treat suspects with "kid gloves" because they are concerned with getting in trouble, instead of aggressively dealing with a particular incident in order to stay safe? While a lack of trust, unsupported scrutiny, discretion, and autonomy may result in a work slowdown; this was not the case at the Rialto Police Department. They were able to obtain "buy-in" with the assistance of their police officers association (Ariel, Farrar & Sutherland, 2014). It appeared that Chief Farrar of Rialto Police Department effectively found a way to promote and achieve support in an innovative way by enhancing it through trust instead of distrust. His apparent buy-in through his police union resulted in confidence and empowerment by his front-line officers, critical to effectively changing a police culture for the better (Haas et al., 2015). The Phoenix Police Department also valued "buy-in." They too discovered very little slow down after implementing their body – worn camera program. According to their research, they had an 8.9 % increase in arrests compared to pre-experiment numbers (Katz, Kurtenbach and White, 2013). Privacy issues and data retention policies were researched. The length of time that videos are retained is important because the longer they are kept - the more they are subject to disclosure. Important, because police in most states are allowed to record if they have a right to be there, i.e. inside someone's home. The broad disclosure of video recordings might promote

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES transparency and trust from the public, but it would raise significant concern for all those involved if released to the media. Some are apprehensive when speaking to the police in any case; it will now be even harder to do so if the citizen knows they are being recorded. Sexual assault victims will have obvious privacy concerns. Most police executives suggest obtaining consent when recording victims of sensitive crimes and while in one’s home (COPS, 2014; PERF, 2014). With the implementation of body-worn cameras, officers will find it necessary to spend time reviewing video recordings to ensure the accuracy of their criminal reports. Some transcription companies are attempting to find a solution to this. Net Transcript, a transcription company in Arizona, is offering up their services to transcribe police camera videos (Net Transcripts, 2013). When the technology advances, police might be able to refer to the transcription of their body-worn camera footage. Significant, because defense attorneys are aware of the potential pitfalls and will quickly take advantage of any discrepancy in reports or testimony to obtain acquittals or dismissals. Increasingly, police agencies in the next ten years will have some form of a body or in-car camera policy (COPS, 2014). However, this fear of the scrutiny associated with questioning police on the minute details of their reports, may result in unintended consequences. Delays in police response might occur as police confirm the accuracy of video footage review in their police reports or properly label the previous in-car camera file before going in service. There will be several adjustments before the systems are perfected, but selling it as a device to make their jobs easier and more efficient will be key to long-term sustainability and support (COPS, 2014, White, 2013; Katz, Kurtenbach & White, 2013). For example, one common theme in reference to limitations found in the research was that cameras will depict a different version than what an officer under stress will be able to recall effectively.

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES Illustrated in an FBI Law Enforcement Bulletin (2002), which involved stressful officer involved shootings and the resultant concern that cameras would show an entirely different version (Artwohl, 2002)? "When I got home after the shooting, my wife told me that I had called her on my cell phone during the pursuit of the violent suspect just prior to the shooting. I have no memory of making that phone call." "During a violent shoot-out I looked over, drawn to the sudden mayhem, and was puzzled to see beer cans slowly floating through the air past my face. What was even more puzzling was that they had the word Federal printed on the bottom. They turned out to be the shell casings ejected by the officer who was firing next to me (Geis, 2014:2; Artwohl, 2002). Some of the research also debunked the fallacies associated with the presence of CCTV and the reduction of crime in areas where they were deployed. For example, Caplan et al.’s (2011) research suggested groups of strategically placed cameras had minimal effects on crime than ones randomly placed. Hard to evaluate, because like body worn cameras, CCTV cameras are not a cure for crime reduction. They rely heavily on human effort to properly man them, coupled with clear and direct goals. If they are not manned, one could expect similar results to discretionary body worn camera policies. For example, Caplan et al.'s (2011), research found of the 73 cameras throughout Newark, NJ only 58 experienced a reduction in shootings. 34 experienced reduced levels of auto theft and 41 a decrease in thefts from vehicles (Caplan et al., 2011; Piza et al. 2014). Caplan et al. (2011) stated the following: "That is, when all CCTV cameras are considered to be equally qualified crime deterrents, they do not have a statistically significant impact on citywide reductions of theft from auto or shootings within their view shed. Therefore, the effect of police monitored CCTV cameras on crime deterrence could be very minimal (Caplan et al.: 267). The Vallejo Police Department's discretionary activation policy supported Roy's assertion

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES that an activation policy a police department implements, is a clearer predictor of body camera use than the individual assigned (Roy, 2014). The Vallejo Police Department's discretionary body-camera activation policy made little difference in use of force incidents, complaints, and until a policy was enacted to wear them mandatorily - officer involved shootings. In-car cameras are different in that most police agencies have them set up to activate when police lights are activated. Thus, minimizing the perception of misconduct that might be seen with body cameras, especially when providing officers the discretion of activating them (COPS, 2014; White 2013; Roy, 2014; Ramirez, 2014). The Vallejo Police Department recently implemented an in-car camera policy, outfitting most every marked patrol car with a video recorder. One can conclude that it will represent a reduction in use of force complaints and increases in police legitimacy and professionalism. During the first three months since the in-car camera project was implemented, the data has revealed a significant decline in complaints with only two through the first 3 months of the year. Moreover, complaints coming in from the front desk have decreased significantly, but further research is needed to evaluate other variables that may have caused the decline. Future studies may need to focus on the diversity within different police departments. As Roy (2014) suggested in the study, there must be additional research on different types of calls, various camera systems, as well as violent and non-violent use of force scenarios. Finally, Wexler (2015) of the Public Executive Research Foundation (PERF) suggested that there must be a paradigm shift in police work. Police are trained to be the first ones into a dangerous situation, and they should most of the time. However, there are other incidents when stepping back, and de-escalating might be more appropriate. A culture change must occur for this to come to fulfillment as police supervisors and administrators become more willing to hold their personnel accountable. Nevertheless, the self-awareness of video-recordings of officers in an

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THE IMPACT OF POLICE VIDEO RECORDINGS ON POLICING STRATEGIES increasingly panoptical world might just be a start (Farrar and Ariel, 2014). As Barak Ariel (2013) of University of Cambridge, Institute of Criminology stated in an unpublished report, people will eventually revert to their old behavior. Soon body, in-car cameras, license plate readers and CCTV will be part of the landscape. The hope is that these documented limitations and consequences will have been refined and become more manageable as technology catches up to community mandates in the 21st century, accomplished with a consistent and sound application of policies that consider the holistic human experience.

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