“Legalistic Style of Policing: A Data-Driven Approach to Crime Reduction and Its Impact on Police Discretion”

Introduction

The organizational styles of policing proposed by James Q. Wilson – watchman, service, and legalistic – are essential frameworks for understanding how law enforcement agencies operate and approach their roles within a community. Each style reflects distinct approaches to maintaining law and order, and they align with different contemporary eras in U.S. policing. Additionally, the organizational styles have a direct impact on police officers’ discretion, shaping their behavior and decision-making in the field.

Watchman Style

The watchman style of policing places a high emphasis on maintaining order and preventing disturbances, even if it means overlooking minor infractions. This style aligns with the political era of policing, which was prevalent in the 19th and early 20th centuries. During this era, policing was highly influenced by politics, and police officers prioritized serving the interests of political leaders over strict enforcement of the law. In this approach, officers exercised significant discretion in their day-to-day operations, often choosing to focus on handling more significant public order issues while turning a blind eye to minor offenses.
One example of the watchman style’s impact on discretion can be seen in the treatment of protests and demonstrations during the political era. Police officers might have exercised leniency towards certain groups engaging in peaceful protests to avoid political conflicts, while being more assertive in controlling protests that were deemed to challenge the status quo (Skogan & Frydl, 2018).

Service Style

The service style of policing emphasizes community relations, problem-solving, and providing social services beyond traditional law enforcement duties. This style became more prevalent during the reform era of policing in the mid-20th century. The reform era was characterized by efforts to professionalize policing, reduce corruption, and minimize political influence in law enforcement agencies.
During the reform era, police departments aimed to be more community-oriented and accountable to the public. The service style aligned with this era’s focus on community policing and problem-oriented policing, where officers worked collaboratively with communities to identify and address underlying issues contributing to crime and disorder.

One example of the service style’s influence on discretion can be seen in the handling of domestic disputes. Instead of simply making arrests, officers may have engaged in mediation and referred families to counseling services to address underlying issues. This approach empowers officers to use discretion to tailor responses to the specific needs of the community they serve (Rosenbaum et al., 2020).

Legalistic Style

The Legalistic Style of policing is characterized by a strict emphasis on enforcing laws and regulations to reduce crime and maintain public order. This approach is rooted in the idea that rigorous law enforcement will deter criminal behavior and create a safer community. The Legalistic Style aligns with the community-oriented era of policing, which emerged in the late 20th and early 21st centuries, and reflects a shift towards data-driven and evidence-based policing practices (Rosenbaum et al., 2020).

Key Characteristics of the Legalistic Style

Zero-Tolerance Approach: The Legalistic Style adopts a “zero-tolerance” approach to crime, which means that police officers prioritize enforcing laws and regulations for even minor offenses. This approach is believed to create a deterrent effect, sending a message that lawbreaking will not be tolerated (Harcourt, 2019).

Data-Driven Policing: In the Legalistic Style, law enforcement agencies heavily rely on data analysis to identify crime hotspots and patterns. By analyzing crime data, agencies can deploy resources strategically to target areas with high crime rates and address specific criminal activities (Rosenbaum et al., 2020).

Proactive Policing: The Legalistic Style encourages proactive policing, where officers actively engage in patrolling and surveillance to prevent crimes before they occur. This approach aims to disrupt criminal activities and prevent offenders from committing offenses (Harcourt, 2019).

Focus on Accountability: Accountability and adherence to policies and procedures are paramount in the Legalistic Style. Police departments often implement strict protocols and guidelines to ensure officers’ actions align with the law and departmental standards (Rosenbaum et al., 2020).

Impact of the Legalistic Style on Police Discretion:

The Legalistic Style significantly reduces the discretion of police officers when it comes to handling minor offenses or deviations from the law. The emphasis on strict enforcement leaves little room for officers to exercise judgment or personal discretion in such situations. Instead, officers are expected to apply the law uniformly and consistently, adhering to departmental policies and protocols.

While this style aims to create a predictable and uniform response to crime, it has drawn criticism for its potential to lead to the over-criminalization of certain communities, particularly those already marginalized. Strict enforcement of low-level offenses can disproportionately impact minority communities, resulting in a perception of unfair targeting by law enforcement (Gelman et al., 2018).

Example of the Legalistic Style’s Impact:

One example of the Legalistic Style’s impact can be seen in the use of “broken windows” policing, a strategy associated with proactive and zero-tolerance approaches. This theory posits that cracking down on minor offenses and disorderly behavior, such as vandalism or public drinking, can prevent more serious crimes from occurring. However, the implementation of broken windows policing has been controversial, as critics argue that it can lead to the over-policing of minority communities and contribute to strained community-police relations (Kelling & Coles, 2019).

Conclusion

Understanding the organizational styles of policing and their alignment with contemporary eras is crucial for comprehending the dynamics of law enforcement practices in the United States. The watchman style’s leniency towards minor offenses was prevalent during the political era, while the service style’s emphasis on community engagement was prominent during the reform era. The legalistic style’s strict enforcement characterizes the community-oriented era of policing.

The impact of each style on police officers’ discretion is significant, shaping their behavior and decision-making in the field. While the watchman style can lead to inconsistencies in enforcement, the service style allows for community-specific approaches, and the legalistic style focuses on data-driven strategies with reduced discretion. As policing continues to evolve, striking a balance between promoting public safety, addressing community needs, and minimizing disparities in law enforcement remains an ongoing challenge.

References

Skogan, W. G., & Frydl, K. (2018). Fairness and Effectiveness in Policing: The Evidence. National Academies Press.

Rosenbaum, D. P., et al. (2020). The Oxford Handbook of Police and Policing. Oxford University Press.

Harcourt, B. E. (2019). The illusion of precision in policing. The Annals of the American Academy of Political and Social Science, 681(1), 74-95.