Police Executive Opinions of Legal Regulation

44 Pages Posted: 3 Jun 2018 Last revised: 31 Dec 2020

See all articles by Roger Michalski

Roger Michalski

University of Oklahoma - College of Law

Stephen Rushin

Loyola University Chicago School of Law

Date Written: May 14, 2018

Abstract

By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation.

At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community.

These complaints underscore an uncomfortable, but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. So what do police leaders actually care about most when faced with external legal regulation? To answer this question, this Article relies on a data-set of 489 survey responses collected from a random sample of law enforcement leaders across the country. With the help of a multidimensional preference-scaling model, we show that police leaders are most concerned about how external legal regulations impair the safety of officers and the public. Respondents rated the protection of constitutional rights and the prevention of crime as the second and third most important values. And contrary to assumptions made by many policymakers, police leaders ranked cost, predictability, and consistency as relatively unimportant considerations.

Keywords: Police, Policing, Civil Rights, Police Misconduct, Procedural Values, Empirical Legal Studies

JEL Classification: K1, K10, K14

Suggested Citation

Michalski, Roger and Rushin, Stephen, Police Executive Opinions of Legal Regulation (May 14, 2018). University of Illinois Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3178295

Roger Michalski

University of Oklahoma - College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States

Stephen Rushin (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

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