Cooperation and Clearance: Victim Cooperation in Shooting Crimes Jeffrey Ho Public Policy Studies Honors Thesis Duke University Durham, North Carolina 1 Table of Contents Abstract................................................................................................................................ 3 Introduction ......................................................................................................................... 4 Theoretical Framework........................................................................................................ 6 Crime Trends in the United States ..................................................................................................6 Factors Influencing Clearance Rates .............................................................................................7 Factors Influencing Victim and Witness Cooperation .....................................................................9 Methods.............................................................................................................................. 11 Data .................................................................................................................................... 13 Sources of Data ........................................................................................................................... 13 Clearance Model Variables .......................................................................................................... 14 Cooperation Model Variables ....................................................................................................... 18 Data Analysis .............................................................................................................................. 18 Results and Discussion ....................................................................................................... 19 Crime Patterns in Durham, NC .................................................................................................... 19 Cooperation Patterns in Investigations ......................................................................................... 22 Factors Influencing Clearance Rates ........................................................................................... 23 Factors Influencing Victim and Witness Cooperation ................................................................... 27 Reasons for Victim and Witness Noncooperation .......................................................................... 29 Investigator Strategies for Eliciting Cooperation........................................................................... 32 Conclusion and Recommendations..................................................................................... 34 References .......................................................................................................................... 42 Appendix A ........................................................................................................................ 44 Appendix B ........................................................................................................................ 45 2 Abstract This thesis examined the factors affecting police clearance rates and citizen cooperation in investigations, particularly as they related to shooting crimes in Durham, North Carolina. Existing literature suggests that victim demographics and crime circumstances are limiting factors in police investigations and may influence the noncooperation of victims and witnesses. The study further explored these relationships through the use of statistical regression analyses of predictive factors for police clearance and victim cooperation in an examination of investigative case data and a qualitative analysis of police interview data. A secondary goal of the analysis was to provide insight and recommendations for reducing noncooperation in police investigations. Based on an examination of administrative data from the Durham Police Department records of shooting crimes in 2015, a multivariate logistic regression revealed that crime circumstances were highly associated with crime clearance. In addition, respondents who were male, racial and ethnic minorities, or between the ages of 20 and 30 were more likely to be uncooperative in police investigations. An analysis of semi-structured interviews with the Durham police department investigators assigned to the cases helped provide potential explanations for the noncooperation, including the presence of a pervasive culture of fear and the general mistrust in the police. I consequently proposed potential recommendations for improving citizen cooperation, such as through the use of community policing, providing credible relocation services for victims, and expanding staffing and resource availability. 3 Introduction In most jurisdictions across the United States, gun-related homicides are far more likely to result in an arrest than gun-related aggravated assaults (Federal Bureau of Investigation 2014). In many respects, homicides and aggravated assaults share similar properties – the only difference is whether or not the victim survived the encounter. Thus, the disparity in criminal arrest rates between the two violent crimes is one that appears to defy conventional wisdom about police investigations and the criminal justice system. Presumably, the presence of a living victim, one who can identify the offender and point the police in the direction of additional evidence, should enhance, rather than hinder, investigative efforts. One potential explanation lies in the victims themselves and their willingness to cooperate with the police. The relationship between a law enforcement agency and its surrounding community is integral to its success in identifying and arresting offenders, particularly in violent crimes. Consequently, if a victim or potential witness chooses not to cooperate, police investigators may struggle to gather the necessary evidence to arrest a suspect, thus reducing the efficacy of the criminal justice system. Indeed, the resolution of criminal cases is an essential component of American criminal justice. When law enforcement agencies fail to solve crimes, the justice system weakens in its ability to incapacitate violators and deter future crimes. Thus, it is in the best interest of police investigators to pursue the avenues necessary to identify and arrest criminal offenders, particularly in violent crimes. In this thesis, I examine the relationship that victim and witness cooperation have with police arrest rates in Durham, North Carolina, particularly as they pertain to shooting crimes. Through my analysis of police records and interviews, I elucidate whether cooperation, as well as other factors, such as victim demographics and crime circumstances (Paré, Felson, and Ouimet 4 2007, Puckett and Lundman 2004), was predictive of success (the arrest of a suspect) in over 150 shooting police investigation in Durham during the 2015 investigative year. In addition, the thesis examines victim cooperation with the police and explores methods of improving victim and witness cooperation, such as through police tactics and initiatives. Thus, the purpose of the thesis is to answer three primary questions. First, under what circumstances are police investigations of shooting crimes likely to be successful? Secondly, what factors are predictive of effective victim cooperation with police investigations? Lastly, given the importance of cooperation, what measures can be taken by law enforcement to encourage greater citizen cooperation with police investigations? Answering these questions could provide new information on the factors most predictive of successful police investigations and offer insight for policy recommendations to reform and improve citizen cooperation in the future. The thesis begins by analyzing the existing literature on the factors affecting successful crime investigations in the United States and the extent of citizen cooperation in investigations. Subsequently, the thesis introduces data collected from the Durham Police Department, the research methodology, and the interview process with the police investigators. The following sections outline the regression models and important covariates examined in the models. Accordingly, the thesis interprets the results of the models and the interviews to draw conclusions about cooperation and arrest rates in Durham, North Carolina. My findings suggest that cooperation, along with several victim demographic and crime circumstance variables, was a strong predictor of arrest. Moreover, victim noncooperation levels appeared to vary with victim demographics, and two potential explanations for the relationship are the pervasiveness of fear and skepticism about the police at the community level. The conclusion discusses the implications of 5 the thesis findings and provides policy recommendations to improve citizen cooperation and overall police investigations. Theoretical Framework Crime Trends in the United States In the past twenty years, violent crime rates have declined by nearly half in the United States, from a rate of 713.6 per 100,000 in 1994 to 365.5 per 100,000 in 2014 (Federal Bureau of Investigation 2014). However, gun-related offenses continue to make up a consistent proportion of violent crime occurrences, constituting approximately 68% of all homicides and 23% of aggravated assaults. Similarly, while crime rates have fallen in the United States in the past two decades, the rate at which crimes are solved has remained fairly constant at 45% (Federal Bureau of Investigation 2014). Crime clearance is traditionally regarded as the best measure of success for a criminal investigation. Criminal offenses can be cleared in one of two manners. First, a crime can be cleared by arrest if a law enforcement agency arrests, charges, and turns over an individual to the court for the prosecution of an offense (Federal Bureau of Investigation 2014). Secondly, a crime can be cleared by exceptional means if certain factors inhibit the ability of law enforcement to arrest and charge a suspect. These circumstances include the death of the offender, if the offender has fled to another jurisdiction and cannot be extradited, or if the victim refuses to cooperate with the police investigation (Federal Bureau of Investigation 2014). Despite extensive advances in investigative strategies and technology, the national clearance rate of violent crime has remained largely constant over the past twenty years at approximately 45% (Federal Bureau of Investigation 2014). Amongst homicides, the clearance rate has persisted at approximately 65%, and amongst aggravated assaults, the clearance rate has 6 stayed at 56% (Federal Bureau of Investigation 2014). Such stability suggests that either clearance rates are independent of developments in investigative techniques and forensics technology or other counteracting factors may exist in contemporary criminal investigations. Indeed, it is of particular interest to identify the factors most associated with clearance rates and propose potential policy recommendations that remediate the limitations to police investigations. Factors Influencing Clearance Rates Currently, several conflicting viewpoints provide explanations for the factors affecting crime clearance. In a seminal study, Black (1970) proposed that victims are the prime movers of the American legal system. In essence, police investigations are driven primarily by the behavior and demographics of the victim; the victims most valued by society are those who draw the police’s attention. Thus, Black’s theory of law (1976) suggests that the criminal justice system exists to protect privileged citizens, and police investigators exercise discretion in their investigations to favor victims in positions of power. Consequently, Black’s theory would imply that low crime clearance rates are associated with victims in weaker societal positions: the young, women, and racial and ethnic minorities. Many contemporary scholars reject Black’s explanation in favor of others. Several scholars found no association between victim characteristics and clearance (Litwin 2004, Puckett and Lundman 2004). Other scholars, in fact, found evidence contrary to Black’s hypothesis, that crimes with female victims are more likely to be cleared than crimes with male victims (Roberts 2008). Instead, the circumstances of a crime may be the most indicative of its clearance. More serious offenses are more likely to be cleared, such as homicides and nonlethal offenses with severe injuries, though the explanations for such patterns are not well established (Paré, Felson, and Ouimet 2007, Roberts 2008). 7 Other crime details may also be predictive of eventual crime clearance, namely time and location. Crime patterns vary by time of day (Pittman and Handy 1964), and thus, the time of occurrence for a crime, particularly when contrasting daylight and night hours, may offer predictive value to clearance because police investigators may have access to more readily available resources during daylight hours. Some scholars, though, have suggested that time of day is not significantly related to homicide clearance (Roberts 2008). Similarly, the location of a crime may relate to clearance. Whether a crime occurred in a public or private area could affect the accessibility of evidence and witnesses in police investigations (Litwin 2004). Hence, a more complex view of police clearance, one which incorporates victim demographics as well as crime circumstances, may provide the best explanation for clearance. However, more recent literature suggests that exogenous, predetermined factors may not be the sole predictors of crime clearance. In Boston, increased police activity and intervention was found to be related to improved homicide clearance rates (Braga and Dusseault 2016). Police reforms, particularly if they target factors associated with clearance, may help improve clearance rates in a jurisdiction. Indeed, recently, Braga and Dusseault (2016) found significant differences in Boston clearance rates between pre-intervention and post-intervention periods. Though they were unable to specifically identify the intervention measures that contributed to the increase in clearance, the results of their study suggest that some combination of increased police resources, more officers, easier access to evidence analysis, and more contact with witnesses may contribute to higher clearance rates. Thus, identifying the specific factors may prove useful in prescribing recommendations to the criminal justice system. 8 One such potential area of explanation is the impact of victim and witness cooperation in police investigations. For instance, the disparities in clearance rates across victim demographics may be better explained by police devaluation rather than victim devaluation (Keel, Jarvis and Muirhead 2009). Certain groups, such as those that are less advantaged, may have a greater distrust of the criminal justice system. Consequently, a general loss of faith in the police may subsequently hinder police investigative capacities (Keel, Jarvis, and Muirhead 2009). More specifically, Puckett and Lundman (2004) propose that homicides in predominantly black communities are solved at lower rates than those in predominantly white communities because of a general skepticism of police, and subsequently, investigators may struggle in garnering the necessary citizen cooperation to clear a case. Factors Influencing Victim and Witness Cooperation Citizen cooperation plays a crucial role in the functioning of the criminal justice system. From the reporting of crimes to the discovery of evidence to testifying in the courtroom, victims and witnesses are essential to the eventual clearance of a crime (Cook and Fischer 1976). Indeed, the relationship between cooperation and clearance is well documented. According to Cook and Fischer (1976), witness cooperation plays a major role in the vast majority of robbery clearances, and in homicides, witness cooperation is essential to compiling the necessary evidence to arrest a suspect (Armstrong, Plecas, and Cohen 2013). Whereas the factors influencing clearance are well-documented, less research has been conducted on the predictive factors of effective victim and witness cooperation. Cooperation may vary based on the demographics of the victim or witness, and those in a more disadvantaged position in society may be less likely to assist in a police investigation due to an inherent distrust in the criminal justice system (Litwin 2004, Riedel 1999). Similarly, the level of witness 9 cooperation is significantly less in gang-related homicides, potentially due to the fear of retaliation (Armstrong, Plecas, and Cohen 2013). Indeed, perhaps the greatest barrier to victim and witness cooperation is victim intimidation. Fear of retaliation in certain communities is a major deterrent to cooperation with law enforcement officials (Riedel 1999). In particular, victim and witness intimidation appears to be especially pervasive amongst organized crime and domestic violence cases (Healey 1995). The prevalence of witness intimidation suggests that one solution to improving victim and witness cooperation may be the expansion of police protection programs, particularly in cases where police investigators suspect that an individual may be the victim of a gang-related or domestic crime. Healey (1995) proposes that emergency relocation for witnesses, improved courtroom security, segregation in correctional facilities, and greater community outreach may all be effective means of eliciting greater victim and witness cooperation. Other police methods and strategies may also be associated with greater citizen cooperation. According to Dawson and Dinovitzer (2001), in domestic violence cases, the two most important predictors of victim cooperation are the videotaping of testimony and the meetings between victims and their assistance workers. The findings suggest that though traditional approaches to victim and witness cooperation include more aggressive tactics such as threats of obstruction of justice, forming a closer personal connection with the victim may be more effective at encouraging cooperation in domestic violence cases. Such a trend may extend to other violent crimes as well. Lastly, the prospect of monetary incentives may prove a useful tool in prompting greater citizen cooperation. Across the United States, many victim compensation programs, which provide monetary relief to victims of crimes in exchange for their cooperation, exist. However, most 10 victims are either poorly informed or unaware of the services (Elias 1984). Since most victim compensation programs are contingent on the full cooperation of the victim with the police, such as in North Carolina, police investigators could presumably improve cooperation rates through fully informing victims about the services and potentially leveraging the monetary incentive. Similarly, the expansion of a CrimeStoppers-type program may be utilized to improve the willingness of witnesses to come forward through anonymous tips. CrimeStoppers is an increasingly popular program whereby anonymous citizens provide information to the police in exchange for monetary rewards. The true impact of the program on community crime levels remains largely unknown, though some scholars, such as Elias (1984), suggest that the true impact of compensation programs may be more symbolic than tangible. In addition, though some prospective witnesses may be motivated by the monetary incentive of CrimeStoppers, the program may also have the effect of undercutting intrinsic motivations in witnesses who would otherwise willingly cooperate with the police. Ultimately, a combination of factors may determine victim and witness cooperation. On the individual level, a variety of demographic features, including race, ethnicity, and sex, may predict the individual’s eventual willingness to cooperate. Nonetheless, several investigative strategies may also assist in greater cooperation. For instance, improved police protection and monetary compensation, factors potentially within the control of a law enforcement official, may also prove valuable predictors of eventual citizen cooperation. Methods For the analysis, I utilized data regarding all criminal gunshot cases in Durham, NC during the 2015 calendar year – a total of 169 cases with 205 victims, of whom 24 died. The first models examined the factors that predict the odds of a police clearance by arrest, and the second models 11 examined the factors associated with the odds of cooperation. In addition, I conducted a qualitative analysis of data collected from fifteen interviews with police investigators in order to identify investigator experiences and beliefs about citizen cooperation and potential means of reducing noncooperation. The data for the study come from a compilation of Durham Police Department records, investigative case notes, and data coded from semi-structured interviews with police investigators. The data includes extensive information about each gunshot case, including case details, demographic information about the victim, information about the police investigation, and victim and witness cooperation details. The research setting for the study is Durham, NC, and thus, the results of the study are only representative of the city. Nonetheless, the crime profile of Durham indicates that results from the study may offer broader insight into police clearance and victim cooperation. Though different from the crime profile of the United States as a whole, Durham bears a remarkably similar crime profile when compared to other large cities in the United States, defined as cities with populations greater than 250,000 (Appendix A). Amongst large cities, the violent crime rate in 2014 was 730.1 per 100,000 as compared to 724.4 per 100,000 in Durham (Federal Bureau of Investigation 2014). More specifically, in Durham, aggravated assaults occurred at a rate of 434.9 per 100,000 while murder and nonnegligent manslaughter occurred at a rate of 8.4 per 100,000. The average amongst large cities in the same time period was 412.1 per 100,000 and 9.3 per 100,000, respectively (Federal Bureau of Investigation 2014). Similarly, in 2014, the clearance rate for violent crimes in Durham was approximately 44%, compared to 41% amongst large cities (Federal Bureau of Investigation 2014, Durham Police Department 2015). 12 I selected the year 2015 for two primary reasons. First, the 2015 criminal cases were the most recently available cases at the time of the study, thus providing the greatest relevance to any results drawn from my analysis and easier recollection when interviewing investigators about specific case details. Secondly, the 2015 investigative year experienced an unprecedented increase in violent crimes in Durham. When compared to 2014, homicides increased by 68%, and aggravated assaults increased by 23% (Durham Police Department 2015). Given the striking elevation in crime, analysis of the 2015 investigative year could offer insight into potential means of remedying and addressing this concern. Data Sources of Data The majority of the data was compiled from two separate databases in the Durham Police Department. Project Safe Neighborhood, a Durham initiative to partner law enforcement with residents to reduce gun violence, keeps a consistent record of gunshot crimes throughout Durham, defined as incidences where at least one individual was the victim of a shooting crime. The Project Safe Neighborhood database was then cross-referenced with the digitized Durham Police Department database on all criminal cases, which included more detailed information about the cases, including the case notes. Through matching of the two sources, I was able to construct a dataset of all 2015 shooting crimes and the details about those crimes. The final sample consisted of 169 shooting crimes and 205 shooting victims. In addition, another researcher, Sara Shilling, conducted semi-structured interviews with Durham Police Department investigators that handle aggravated assault and homicide cases. Overall, she conducted thirteen interviews with respondent representatives from each district in Durham as well as the homicide unit. She conducted eight interviews with aggravated assault 13 investigators and five interviews with homicide investigators. Prior to the interviews, she researched one or two cases from 2015 in which the respondent served as the lead investigator. In the first section of the interview, she explored the specifics of the cases and asked about the victim and witnesses, their extent of cooperation, and any attempts made by the investigator to reach out or elicit further cooperation (Appendix B). The first section of the interview served two purposes. First, it helped identify specific and tangible actions taken by the investigator to encourage cooperation. Secondly, it helped render the interviewee to be more comfortable in the interview by helping to demonstrate familiarity with the topic and the investigator’s case history. In the second section of the interview, she asked the police investigators general questions about their perceptions of citizen cooperation and the reasons for noncooperation. In addition, she explored methods for working with victims and witnesses to elicit cooperation and discussed recommendations for improving cooperation (Appendix B). Subsequently, with the notes taken from the semi-structured interviews, I analyzed the larger themes and ideas in the investigator responses to questioning. Specifically, I identified common responses to the questions in order to synthesize the different investigator opinions on the obstacles to cooperation and the potential solutions. I coded similar ideas to help determine points of agreement and disagreement between the different investigators. Examining the investigator opinions provided insight into the factors affecting clearance and cooperation that may not necessarily have been evident in a purely quantitative regression analysis. Clearance Model Variables For the purpose of the statistical analysis, I included eight explanatory variables that could serve as potential factors that influence police clearance, either from evidence in existing literature or trends illustrated in the Durham Police Department case files. 14 Three demographic characteristics about the shooting victim were measured: race/ethnicity, sex, and age. Race and ethnicity were coded as a categorical variable with white, non-Hispanic as the baseline and dichotomous variables (0 or 1) for black, non-Hispanic and Hispanic. Similarly, sex was coded as a categorical variable (1=female). Age was modified to be a categorical variable with three categories: under 20 years (omitted category), between 20-30 years, and over 30 years of age. In cases with multiple victims, the demographics of the oldest victim were used. I chose the oldest victim because presumably, the oldest victim is the victim that usually interacts with police investigators the most and may have the greatest influence over the behavior of the other victims. In addition to the victim’s demographic characteristics, I also examined the degree of victim cooperation. For the variable of victim cooperation, which was not directly included in the Durham Police Department crime records, I instead examined the case notes and coded my own variable. The victim cooperation variable required some subjective judgment, but I applied the same judgement to all the case files. I coded the variable of victim cooperation as a nominal variable with four categories: active, passive, uncooperative, and incapable. Active cooperation occurred when a victim in a given shooting crime worked dynamically and cooperatively with the police investigator to identify or arrest a suspect, such as providing the name of the suspect, providing a comprehensive description of the suspect individual or vehicle, or seeking out the investigator for outreach and questioning. In contrast, passive cooperation occurred when the victim complied with investigator requests but was not actively involved in the investigation. Passive victims generally provided initial statements to investigators but were not able to provide a description of the suspect or otherwise provide useful information to the investigator. Noncooperation (uncooperative victims) indicated when the victim directly impeded or prevented 15 the continuation of the investigation, such as directly lying to the police, refusing to make a statement or otherwise disappearing from the investigation, or specifically telling the police that the victim had no intention of pressing charges. Lastly, incapable victims indicated crimes in which a shooting victim was not capable of cooperating in a police investigation. Incapable victims existed in homicides (the victim was killed) and severe aggravated assaults when the victim was injured beyond the point of being responsive in an investigation. In the latter instance, the victim was either rendered incapable permanently, such as a comatose patient, or the investigation concluded before the victim could become responsive. For the clearance model, I initially ran the regression without the cooperation variables to analyze the model with purely the exogenous, predetermined variables. Afterwards, I included the cooperation variables to examine the impact of cooperation on clearance by arrest. Noncooperation served as the baseline, and I included dichotomous variables for each of the other two types of cooperation. I did not include an indicator for incapable victims because the incapable victim variable was highly correlated with a homicide indicator, and only one variable would need to be included. In addition, four case circumstance variables about the crime were included in the analysis. Given the marked disparity between the clearance rates of aggravated assaults, homicides, and robberies, the type of crime was also included in the regression model, with aggravated assaults serving as the baseline. Similarly, the model controlled for the time of day of the crime. Time of day was simplified into three categories: morning, afternoon, and night (omitted category). In regards to crime location, three categories were included in the analysis: inside and non-vehicular, outside and non-vehicular, and vehicular (omitted category). Inside and outside crimes referred to any crimes in which the victim was either indoors or outdoors at the time of the shooting, 16 respectively. Vehicular crimes included any shooting crimes in which the victim was in a car, the offender was in a car, or both were in a car. In particular, vehicular crimes included drive-by shootings, crimes in which the perpetrator fired a gun from a vehicle and fled the scene of the crime. I categorized such crimes as vehicular, even if they could otherwise be categorized as either inside or outside. Lastly, after analyzing the investigator case files and coding the aforementioned variables, I noticed another variable that could potentially play a role in crime clearance: call origin. In the shooting crimes that I examined, the call to the police department either originated from the crime scene or, less frequently, from the Duke University hospital. Crimes with calls that originated from the hospital could be related to the cooperation of the victim, who chose to visit the hospital prior to asking someone to call the police, and the capacity of the police to investigate the crime. As such, I also included a variable indicating the call origin, with the call originating from the crime scene serving as the omitted category. As the purpose of the model was to identify underlying factors associated with crime clearance, clearance served as the most valuable response variable of interest. However, cases cleared by “exceptional means” were not included because such instances did not ultimately lead to an arrest. Thus, only clearances through arrest were included in the indicator variable, and clearance was coded as a dichotomous variable, with a “1” indicating that the case was cleared through an arrest. In total, I ran three different logistic regression models with clearance by arrest as the response variable. The first model examined the exogenous factors (all variables excluding the cooperation variables) associated with clearance by arrest in all shooting crimes. The second model examined the same sample of shooting crimes but included the cooperation variables. Lastly, the 17 third model examined all the variables, including cooperation, but only examined cases with a capable victim. Cooperation Model Variables The cooperation models examined the relationship between the same predictive variables, apart from victim cooperation, and the response variables of victim cooperation in aggravated assaults. Only aggravated assaults and robberies were examined in the cooperation models because the variable of victim cooperation was nonexistent in homicides. Similarly, the cooperation models also excluded aggravated assaults with incapable victims. I examined two different cooperation models. In the first model, the response variable was noncooperation, a variable that was coded as “1” if the victim was perceived as directly impeding the police investigation, and the default was a combination of the variables for active and passive cooperation. In the second model, the response variable was active cooperation, a variable that was coded as “1” if the victim actively assisted in the police investigation, and the default was a combination of the variables for noncooperation and passive cooperation. The two different models were examined because the factors associated with active cooperation may differ from those that are related to noncooperation. Data Analysis The logistic regressions were fit to the data in order to illuminate the relationships between the explanatory variables and the response variables of clearance and cooperation. For the regression models, dichotomous variables were utilized for all explanatory variables. Given the default values for these variables, the baseline group for the clearance model consisted of shooting incidents with a white, non-Hispanic, male victim under the age of twenty who was uncooperative, was the victim of an aggravated assault vehicular shooting at night, and the call to the police was 18 made from the crime scene. The baseline group for the cooperation model was the same with the exception that the victim’s degree of cooperation was not indicated. The equations below present some of the logistic regression models for the analysis. β1,…,βn serve as the coefficients for each of the explanatory indicator variables identified. Both the magnitudes and the significance levels of the coefficients provide insight into the relationships between the explanatory variables and the response variables. 𝑃(𝑐𝑙𝑒𝑎𝑟𝑎𝑛𝑐𝑒) log ( ) 1 − 𝑃(𝑐𝑙𝑒𝑎𝑟𝑎𝑛𝑐𝑒) = 𝛽0 + 𝛽1 𝑏𝑙𝑎𝑐𝑘. 𝑛𝑜𝑛ℎ𝑖𝑠𝑝𝑎𝑛𝑖𝑐 + 𝛽2 ℎ𝑖𝑠𝑝𝑎𝑛𝑖𝑐 + 𝛽3 𝑓𝑒𝑚𝑎𝑙𝑒 + 𝛽4 𝑎𝑔𝑒. 20.30 + 𝛽5 𝑎𝑔𝑒. 𝑜𝑣𝑒𝑟. 30 + 𝛽6 𝑝𝑎𝑠𝑠𝑖𝑣𝑒 + 𝛽7 𝑎𝑐𝑡𝑖𝑣𝑒 + 𝛽8 ℎ𝑜𝑚𝑖𝑐𝑖𝑑𝑒 + 𝛽9 𝑟𝑜𝑏𝑏𝑒𝑟𝑦 + 𝛽10 𝑚𝑜𝑟𝑛𝑖𝑛𝑔 + 𝛽11 𝑎𝑓𝑡𝑒𝑟𝑛𝑜𝑜𝑛 + 𝛽12 𝑜𝑢𝑡𝑠𝑖𝑑𝑒 + 𝛽13 𝑖𝑛𝑠𝑖𝑑𝑒 + 𝛽14 𝑐𝑎𝑙𝑙. 𝑓𝑟𝑜𝑚. ℎ𝑜𝑠𝑝𝑖𝑡𝑎𝑙 + 𝑃(𝑛𝑜𝑛𝑐𝑜𝑜𝑝𝑒𝑟𝑎𝑡𝑖𝑜𝑛) log ( ) 1 − 𝑃(𝑛𝑜𝑛𝑐𝑜𝑜𝑝𝑒𝑟𝑎𝑡𝑖𝑜𝑛) = 𝛽0 + 𝛽1 𝑏𝑙𝑎𝑐𝑘. 𝑛𝑜𝑛ℎ𝑖𝑠𝑝𝑎𝑛𝑖𝑐 + 𝛽2 ℎ𝑖𝑠𝑝𝑎𝑛𝑖𝑐 + 𝛽3 𝑓𝑒𝑚𝑎𝑙𝑒 + 𝛽4 𝑎𝑔𝑒. 20.30 + 𝛽5 𝑎𝑔𝑒. 𝑜𝑣𝑒𝑟. 30 + 𝛽6 𝑟𝑜𝑏𝑏𝑒𝑟𝑦 + 𝛽7 𝑚𝑜𝑟𝑛𝑖𝑛𝑔 + 𝛽8 𝑎𝑓𝑡𝑒𝑟𝑛𝑜𝑜𝑛 + 𝛽9 𝑜𝑢𝑡𝑠𝑖𝑑𝑒 + 𝛽10 𝑖𝑛𝑠𝑖𝑑𝑒 + 𝛽11 𝑐𝑎𝑙𝑙. 𝑓𝑟𝑜𝑚. ℎ𝑜𝑠𝑝𝑖𝑡𝑎𝑙 + Results and Discussion Crime Patterns in Durham, NC As illustrated in Table 1, in 2015, over three-quarters of the shooting crimes in Durham, NC were aggravated assaults, and homicides only composed 13.6%. Out of the 169 gunshot cases, only 21.9% were cleared (15.4% were cleared by arrest), and the remaining 78.1% of cases were either designated as inactive or remain as active, open cases. The 21.9% clearance rate for shooting 19 crimes is substantially lower than the 44.3% for all violent crimes in Durham, NC, thus suggesting that shooting crimes are particularly difficult to investigate and clear compared to other types of violent crimes (Durham Police Department 2015). The particularly low clearance rate for shooting crimes is especially alarming and may be related to the increase in shooting crimes in Durham from 2014 to 2015. Lower clearance rates weaken the criminal justice system because they can portray the perception that law enforcement is incapable of apprehending perpetrators, thus reducing the deterrence for future crimes. The demographics of the shooting victims also provided additional insight into the individuals that are often the victims of shootings. For instance, as seen in Table 2, a vast majority (87.8%) of shooting crime victims were black and non-Hispanic. Similarly, 86.8% of victims were male. The type of cooperation across victims was fairly distributed between the four cooperation categories. Passively cooperative victims were the most common (39.5%), though active and uncooperative victims occurred at similar rates (21.5% and 23.9%, respectively). Though not included in the clearance by arrest variable in the regression models, the shooting crimes cleared by exceptional means nonetheless offer interesting insight, particularly as they relate to victim cooperation. Though only eleven cases were cleared by exceptional means, the majority of exceptionally cleared cases were designated as such because of the absence of victim cooperation. In these cases, police investigators confidently identified the offender and gathered sufficient evidence to bring the case to trial, but because of a victim’s noncooperation, the district attorney decided against bringing the case to trial. For instance, in one such case, a victim’s mother positively identified the offender and provided the police investigators with sufficient evidence to build a case. However, when interrogated, the victim denied the statements 20 of his mother and refused to cooperate with the investigation, and thus, the case was designated as cleared by exceptional means. As illustrated in Table 3, the cases that were cleared by arrest and those that were not differed on the majority of the variables. For instance, cases with white, non-Hispanic victims were more likely to be cleared by arrest than cases with black, non-Hispanic victims or Hispanic victims. Though sex did not appear to be related to clearance by arrest, clearance by arrest rates differed across age groups. Cases with older victims had a higher rate of clearance by arrest than cases with younger victims. Furthermore, consistent with Paré, Felson, and Ouimet (2007) and Roberts (2008), crimes regarded as more serious by the police had higher arrest rates than crimes regarded as less serious. Homicides had the highest clearance rate by arrest (52.2%), followed by aggravated assaults (10.0%) and robberies (6.3%). Time of day was also a differentiating factor, with gunshot crimes that occurred later in the day less likely to result in a clearance by arrest than those that occurred earlier. Perhaps most striking about the shooting crimes in Durham was the prevalence of vehicular shootings. Indeed, 57.4% of all the victims’ cases were automobile related (Table 1), and of those, nearly all the crimes were drive-by shootings. The drive-by shooting with a witness who could not identify the shooter was a particularly recurring situation that could be found in many of the case files. As illustrated in Table 3, the consequences of an unidentified shooter were quite evident, with vehicular crimes associated with much lower clearance rates. As hypothesized, clearance by arrest differed drastically depending on the origin of the police call. Calls from the hospital had a clearance by arrest rate of 0%, while calls from crime scenes had clearance rates of 19.0%. 21 Cooperation Patterns in Investigations As with clearance by arrest, victim demographics also appeared to be highly associated with cooperation rates (Table 4). Ethnic minorities, racial minorities, and male victims were more likely to be uncooperative in police investigations. Likewise, victims over the age of 30 were the least likely to be uncooperative and the most likely to be actively cooperative in an investigation. Active cooperation rates were also generally higher amongst robberies when compared to aggravated assaults. Whereas 62.5% of robbery victims were actively cooperative, only 21.5% of the aggravated assault victims were likely to be as helpful in a police investigation. Crime circumstance variables also appeared to be closely related to cooperation rates. Victims of vehicular crimes were slightly more likely to be uncooperative and substantially less likely to be actively cooperative. Similarly, victims of crimes in which the call to the police was made from the hospital were only actively cooperative in 14.3% of cases and uncooperative in 40% of all cases. Victim cooperation also shared a strong association with clearance by arrest rates. As expected, clearance rates increased with greater cooperation (Table 5). Active cooperation had the highest clearance rate (16.2%) while noncooperation had the lowest clearance rate (2.3%). However, the disparity when comparing cases with capable victims and incapable victims is especially concerning. The clearance rate for shooting crimes with incapable victims was 48.2%, substantially higher than the clearance rate of crimes with active victims. The difference suggests that crimes with any capable victim, even an actively cooperative victim, were significantly less likely to be cleared by arrest. 22 Factors Influencing Clearance Rates The results of the multivariate logistic regressions for clearance by arrest are presented in Table 6. In general, the analysis provides some evidence for the hypothesis that clearance rates differ based on victim demographics but does strongly suggest that crime circumstances are predictive of crime clearance by arrest. Consistent with Black’s theory of law (1976), when controlling for other variables, crimes with black and Hispanic victims appear to be cleared at a lesser rate than those with white, nonHispanic victims, particularly when the victim was capable. Specifically, compared to a baseline of white, non-Hispanic victims, the odds ratio of a crime being cleared was 0.82 for Hispanic victims in crimes with capable victims (p=0.20), though the disparity was not as evident in all shooting crimes. According to the regression model, neither sex nor age group appeared to be a particularly predictive factor in crime clearance. When controlling for other variables, the rates of clearance by arrest did not differ from the baseline when indicators for sex and age group were included in the model. However, the logistic regression model provides evidence to support the hypothesis that crime circumstances may be predictive of eventual clearance. The crime type, time of day, crime location, and call origin were all fairly predictive of a crime’s eventual clearance by arrest. The time of a crime appears to be related to its eventual clearance. Shooting crimes that occurred in the afternoons and in the evenings were solved at fairly similar rates, but crimes in the mornings were substantially more likely to be solved when controlling for all other confounding factors. The results suggest that crime scenes, witnesses, and evidence may be more easily 23 investigated during early hours. Time-sensitive police resources may also be more readily assessable during the day. Likewise, crime location was also predictive of clearance by arrest. Vehicular crimes were the most difficult to solve, with both crimes that occurred inside and outside cleared at higher rates. Amongst crimes with capable victims, the odds ratio of a crime being cleared, when compared to a vehicular crime, was 1.15 and 1.09 for outside and inside crimes, respectively (p=0.03 and p=0.22). The lower clearance rates for vehicular crimes, which were predominantly drive-by shootings, is not especially surprising. In most such cases, the victim was unable to identify the shooter. The reasons for the lower rate of shooter identification are less clear, but two primary reasons could provide an explanation. First, the nature of drive-by, vehicular shootings lends it to be more difficult to positively identify a perpetrator. In such cases, it may be difficult for a victim to even see, let along remember, a shooter because of how quickly the offender can flee and remain concealed within a car. Secondly, drive-by shootings are more characteristic of gang related crimes, whereas crimes of passion and other common motivations for crimes are rarely manifested as vehicular shootings. Thus, since gang-related crimes are also commonly associated with fear and victim intimidation, even if victims of vehicular shootings could identify their shooters, they may choose to avoid sharing the details out of fear of gang violence and retaliation. Consistent with the trends in the descriptive crime statistics, the origin of the police call was also a strong predictor of eventual clearance. Shooting crimes in which the call to the police was placed from the Duke Hospital were solved at a significantly lesser rate than crimes in which the call was placed from the crime scene. Two likely reasons provide explanations for the differences. First, when the call to the police does not occur from the crime scene, the investigators may be substantially inhibited in their capacity to investigate the crime because they must first 24 identify the crime scene, and the evidence at the crime scene may already be compromised. Secondly, in such crimes, the victims chose to visit the hospital to be treated for their gunshot wounds prior to asking someone to call the police. Such behavior could be suggestive of a lack of trust in the police by either the victims or their acquaintances and thus an unwillingness to later cooperate in the police investigation. Lastly, consistent with extensive existing literature (Paré, Felson, and Ouimet 2007, Roberts 2008), when controlling for other potential factors, homicides did appear to be solved at a much greater rate than aggravated assaults. Indeed, the odds ratio of a homicide being cleared was 1.38 times the odds of a similar aggravated assault being cleared (p<0.01). The results of the model suggest that even when the examined covariates were taken into consideration, homicides still have a significantly higher rate of clearance than aggravated assaults. Thus, various characteristics about homicide investigations, such as the additional resources, the more experienced investigators, or the added emotional motivation to solve a killing, may all play a role in encouraging higher homicide clearance rates. Another such explanation is, as hypothesized, the degree of a victim’s cooperation. Higher degrees of cooperation appeared to increase the rate of clearance by arrest when compared to an uncooperative victim. In particular, active cooperation was especially predictive of higher crime clearance, and the odds ratio of clearance for crimes with victims that exhibited active cooperation was 1.13 times the odds ratio of similar crimes with uncooperative victims (p=0.10). Thus, the models strongly suggest that victim cooperation and noncooperation are some of the primary explanations for the lower overall clearance rates in aggravated assaults when compared to homicides. 25 Many of the interviewed investigators also echoed the idea that the influence of citizen cooperation plays a role in the differences between homicide and aggravated assault arrest rates. Over half of the respondents explained that witnesses were generally more cooperative in homicide investigations than in aggravated assault investigations for two reasons. First, due to the extended timeline of homicide investigations, homicide investigators have more time to develop relationships with witnesses. Homicide investigators can visit witnesses multiple times and spend time building rapport with them. Secondly, the death of an individual plays a large role in the willingness of a prospective witness to share information with the police. When an individual is the victim of an aggravated assault shooting, community members do not feel the need to come forward and get closure, especially since gunshot wounds can even be seen as a status symbol in the community. However, death is a more permanent loss, and community members often feel stronger emotions as a result of a homicide and want to get justice. Indeed, family members are typically more involved in homicide investigations than in aggravated assault investigations. In addition, several interview subjects suggested that in homicides, the death of a victim actually allows for an easier investigation because the victim is not able to be uncooperative in the investigation. Homicide investigations grant investigators access to victims and details about their lives, but such information may not be accessible in aggravated assaults when a victim chooses not to cooperate. Respondents also pointed to general resources and the caseload of homicide investigators, compared to aggravated assault investigators, as a potential reason for the different clearance rates. For instance, the homicide unit has substantially more resources than the violent crime units, such as more contact with the district attorneys, longer time to work on investigations, more lab tests, more assistance from other investigators (all homicide investigators work collaborative on an 26 investigation whereas in an aggravated assault, only one investigator may be at the crime scene), and an overall lighter caseload. In addition to facilitating an easier investigation, several investigators also suggested that greater resources and a lighter workload contributes to spending more time with potential witnesses and thus greater citizen cooperation in investigations. Factors Influencing Victim and Witness Cooperation The second logistic regression model analyzes the association between the explanatory variables and the response variable of victim cooperation, identified as one of the strongest predictors of crime clearance by arrest (Table 7). Based on the analysis, victim demographics (and one crime circumstance variable) appear to be the primary predictors of noncooperation with the police, but crime circumstances appear to be predictors of active cooperation. All four crime circumstance variables appear to be significant predictors of active cooperation, whereas all three victim demographics were not strongly associated with active cooperation. For instance, robberies were more likely to have actively cooperative victims. The pattern may be due to the nature of robbery crimes. In most robberies, victims are not acquainted with the perpetrator, and thus, they may have fewer reservations about assisting in the police investigations. Moreover, victims of robberies may also have the added incentive of attempting to reobtain their lost property. Likewise, crimes that occurred in the morning or afternoon were more likely to have cooperative victims than crimes in the evening, and crimes that occurred outside or inside were more likely to have actively cooperative victims than vehicular crimes. Both evening crimes and vehicular crimes present circumstances that may prevent active cooperation. Victims in such crimes may be limited in their capacity to assist the police in such crimes because of an inability to see or identify the offender. 27 Ultimately, the results of the active cooperation regression model suggest that the likelihood of active victim cooperation depends not on who the victim is but on the circumstances of the crime. Thus, implementing police tactics to mitigate the underlying factors that contribute to reduced active cooperation may assist in improving cooperation and thus overall clearance rates. However, the associations appear to be the opposite for the noncooperation model. Of the crime circumstance variables, only call origin was a strong predictor of eventual victim noncooperation. The odds ratio of noncooperation for crimes in which the call to the police was made from the Duke Hospital when compared to crimes in which the call was made from the crime scene was 1.15 (p=0.11). A qualitative analysis of the investigator case files presents some potential insight into the difference in cooperation. In all the cases in which the police call was made from the hospital, the victim arrived at the hospital via car without anybody having called the police. The police were later called by the hospital due to mandatory reporting, but in many such cases, presumably, the victim or their acquaintances chose not to call the police because they did not want police involvement in an investigation. Thus, such victims may have been more likely to be actively uncooperative in subsequent police questioning. All of the examined victim demographic variables offered some degree of predictive value in the cooperation model. Racial and ethnic minorities were more likely to be uncooperative with police investigations. Compared to those of a similar white, non-Hispanic victims, the odds of a black, non-Hispanic victim not cooperating was 1.23 times (p=0.20), and the odds of a Hispanic victim not cooperating was 1.34 times (p=0.20). The results indicate that minorities, in regards to race and ethnicity, were more likely to actively impede police shooting investigations. In contrast, female victims were significantly more likely to cooperate with investigators. Indeed, when compared to the odds of a male victim not cooperating, the odds ratio of a female victim electing 28 to not cooperate with a shooting investigation was just 0.83 (p=0.05). Similarly, the model provides evidence that cooperation differed across age groups. Older victims were the least likely to be uncooperative, whereas victims between the ages of 20 and 30 were the most likely to be uncooperative in investigations. Compared to those under twenty, the odds ratio of a victim between the ages of 20 and 30 not cooperating was 1.07 times as large (p=0.39). Several scholars suggested, but did not examine, that victim demographics may play a role in a victim’s cooperation (Litwin 2004, Riedel 1999). The results of the cooperation logistic regression model strongly support this hypothesis. Based on the results of the model, racial and ethnic minorities, males, and those between the ages of 20 and 30 were the most likely to be uncooperative in police investigations. One potential explanation for the relationship between victim demographics and cooperation is that, rather than victim demographics directly affecting cooperation, both the demographic variables and the cooperation variable may be highly associated with a victim’s gang involvement, a variable that could not be measured in this analysis due to limitations in the Durham Police Department case files. For instance, from an analysis of the case files and the investigator interviews, gang involvement in Durham, NC appeared to be especially prevalent amongst racial and ethnic minorities, males, and individuals between the ages of 20 and 30. Consequently, deterrents that may exist to cooperation due to gang involvement, such as the fear of retaliation, may be reflected in the noncooperation of these demographics. Reasons for Victim and Witness Noncooperation Multiple reasons may provide explanations for the causes of victim noncooperation, particularly amongst different demographics. Previously literatures (Riedel 1999, Healey 1995) suggested that the fear of retaliation and victim intimidation is the driving factor behind victim and witness noncooperation. The results of our interviews are consistent with the hypothesis but also 29 suggest that numerous other reasons may provide explanations for noncooperation, including general indifference, lack of trust in the police, and complications in the court system. Consistent with findings in Riedel (1999) and Armstrong, Plecas, and Cohen (2013), all of the interviewees mentioned the fear of retaliation as a primary reason for the absence of victim or witness cooperation. The investigators suggested that many victims and potential witnesses fear retaliation in the form of personal injury or injury to one’s family. Retaliation is often used as a tool used by gang affiliated individuals to deter cooperation with the police, and for many victims and witnesses, the costs of potential harm outweigh the marginal benefits of working with investigators. A variant of the retaliation explanation, the pervasiveness of the “no snitching” culture in the target communities, was also frequently cited. In contrast to the fear of retaliation, the “no snitching” culture refers to a general cultural norm in both gang and non-gang affiliated communities against informing and working with the police. Those caught speaking with the police are labeled as “snitches,” which carries social and safety repercussions. Moreover, the phrase “snitches get stiches” was mentioned by several investigators as an added deterrent to working with the police. A few interviewees pointed to a general indifference towards crime, suggesting that for at least some individuals, no reason exists to care about solving crimes. Similarly, some victims and witnesses may refuse to work with the police in solving crimes because in their given communities, the preferred method of handling disputes is through street justice. Hence, since investigators would typically complicate attempts at street justice, members of the community, primarily the gang-affiliated, choose to not discuss shootings with the police in hopes of retaliating on their own. 30 Furthermore, a general mistrust of the police, particularly amongst the demographics least likely to cooperate, may be an underlying factor in a victim or witness’s refusal to cooperate. The investigators suggested several possible explanations for general mistrust in a particular victim or witness. First, community members may be skeptical of the police because of previous experiences of law enforcement members lying to the individuals, such as promising to keep a witness’s name anonymous and confidential but later sharing the name. Similarly, community members may lack faith in the efficacy of the criminal justice system if they have had prior experience of working with investigators and not perceiving direct results. The lack of results because of certain circumstances, such as insufficient evidence to arrest a potential suspect, could foster a belief that police investigators are not interested in assisting the community or not attempting to help to the best of their ability in the investigations. Likewise, many respondents pointed to complications in the court system, along with the expectation that witnesses testify during trial, as a significant impediment to garnering cooperation from a victim or witness. Some individuals may refuse to provide information to the police because of the expectation that they later serve as witnesses because of their testimony. Other community members willingly share information with the police for the purpose of an investigation but refuse to have their name recorded, thus complicating attempts to later prosecute a suspect. The investigators also suggested several explanations for individual reservations about testifying in a public court. First, the public nature of the trial process, whereby all witness names are openly available, could lead to concerns about safety and reputation. Moreover, the court process is lengthy, arduous, and expensive for members of the community. Most trials require witnesses to make several appearances in court over a long period of time, a difficult task for community members that lack reliable forms of transportation or the capacity to take extensive time off work. 31 Another underlying theme is a general misunderstanding about criminal investigations. An investigator mentioned the difficulty in acquiring cooperation in undocumented immigrant communities due to a fear of deportation. According to the respondent, the fear stems from an inherently false understanding of the criminal justice system because the police would never report a victim of a crime to be deported. The concept of a misunderstanding of the criminal justice system was echoed by several other respondents. The respondents emphasized that many community members do not recognize the court system and the police as distinct entities. Thus, when the court elects to make a certain decision that may not be favorable to the community, such as choosing not to prosecute or setting a low bail, the police receive the blame for the decision, thus leading to greater police mistrust and skepticism. Investigator Strategies for Eliciting Cooperation When asked about strategies for encouraging victim and witness cooperation, the homicide and violent crime investigators lacked a strong consensus over preferred methods. Instead, there was a general belief that no single strategy can most effectively encourage an individual to cooperate with the police, and approaches and tactics should be tailored to a given individual or situation. For instance, a majority of the investigators mentioned that in certain circumstances, attempting to find common ground with the victim or witness is a particularly useful tactic. Through referencing commonalities with the potential witness, such as race, being a single mother, or growing up in the same community, some investigators find success in helping community members see the investigators beyond their status as police officers, thus allowing the individuals to more easily open up. Similarly, respondents cited that in some circumstances, they resort to emotional appeal to encourage cooperation, through the use of phrases such as “think of their family,” “this is 32 somebody’s child,” or “you can help stop this from happening to someone else.” However, many felt that appealing to emotion is not a particularly effective method, and even if emotional appeal proves useful temporarily, its effect is often fleeting, and victims and witness return to being uncooperative. Several respondents also mentioned leveraging pending criminal charges against witnesses to elicit their cooperation. In certain circumstances, the threat of further criminal prosecution can encourage a prospective witness to work with the police despite initial reservations. Some investigators also indicated that on occasion, they would pit victims and witnesses against one another to convince them to talk and share what they knew. Additionally, respondents mentioned techniques that often involved accommodating the witnesses. For example, some investigators make the witness feel comfortable, such as offering a snack or drink, and others suggest meeting the victim or witness at a convenient location. For some witnesses who fear being seen with the police in their communities, the best location is at the police station, while for other witnesses who are uncomfortable or stressed at the police station, the best meeting location may be at their homes. Likewise, a few interviewees indicated that sometimes the best police investigator to conduct an interview is the one that is most relatable to the victim or witness, be it the same gender or the same race, thus allowing the investigator and the witness to share common ground. A few investigators also indicated that face-to-face interviews, compared to talking over the phone, are particularly effective because they allow for the officers to better read body language, and individuals are less likely to lie or fabricate stories when in person. In addition, several investigators mentioned that using two investigators in a witness interview is markedly more effective at gathering information than using just one. The use of two investigators allows 33 one investigator to observe body language and responses while the other drives the line of questioning. Two investigators can also play off one another’s questioning and language to prevent lying or encourage the witness to be more cooperative. Conclusion and Recommendations This study aimed to accomplish three primary questions as they pertained to shooting crimes: identify the circumstances most predictive of a violent crime’s eventual clearance by arrest, determine the reasons for victim noncooperation in police investigations, and propose measures to encourage greater victim cooperation. Through a combination of quantitative and qualitative methods, I have identified and elucidated the factors most predictive of crime clearance by arrest and victim cooperation in shooting crimes in Durham, NC. Based on an analysis of two logistic regressions that predict the odds of a crime’s clearance by arrest, in general, crime circumstances appear to be stronger predictors of clearance by arrest than victim demographics. Particularly, crimes that occurred during the morning were more likely to be cleared, possibly due to the availability of resources and the accessibility of the crime scene and witnesses during earlier hours. Moreover, vehicular crimes were less likely to be cleared due to the difficulty of identifying shooters in drive-by shootings. One possible reason for the reduced clearance rates in vehicular shootings is that such crimes were typically representative of gangrelated activity, and victims may be reluctant to cooperate and share shooter details out of the fear of retaliation. Similarly, crimes in which the call to the police was made from the Duke Hospital also were less likely to result in arrest. When the same variable was included in the subsequent noncooperation model, it became evident that victims who chose to go to the hospital for treatment rather than call the police were more likely to be uncooperative and directly impede police investigations. 34 The results of the clearance model thus suggest that victim cooperation, and factors which may be indicative of victim behavior, play a major role in police investigations and their likelihood of being solved. Thus, it becomes particularly important to identify the reasons behind victim noncooperation in investigations. From the cooperation model examined in the study, victim demographics appear to be most predictive of noncooperation. The demographics most likely to be uncooperative in an investigation included racial and ethnic minorities, males, and individuals between the ages of 20 and 30. One potential explanation for the demographic trends is the prevalence of gang activity in these categories, which, according to the investigator interviews I conducted in the study, serves as one of the driving motivators behind noncooperation. Indeed, when asked about the reasons for noncooperation in investigations, police investigators primarily pointed to two reasons: the fear of retaliation and a general skepticism of the police and the court system. Thus, any attempts at improving victim and witness cooperation in investigations should aim to address the identified underlying causes, such as making the witness feel more comfortable or attempting to find common ground, two particularly effective tactics outlined by investigators during their interviews. The investigators provided mixed responses when asked about ideas and suggestions for improving systemic victim and witness cooperation. Most of the interviewees provided multiple suggestions and recommendations, but some respondents struggled to come up with responses. Those who struggled to provide responses stated that they believe that there is little within the control of the police that can be done to improve cooperation with the community. Others mentioned that as long as gang culture continues to exist, and the fear of retaliation and “no snitching” culture that come with it, little can be done to encourage greater cooperation with investigators. 35 The results of both the quantitative and qualitative analyses of the thesis thus suggest that an improvement in citizen cooperation, and consequently clearance rates, could occur through a shift in culture and norms. Restarting the gang unit at the Durham Police Department could assist in encouraging cooperation since gang behavior and intimidation is typically responsible for developing a culture that encourages victim and witness noncooperation. Likewise, increasing programs that work with youths and children in the communities could help accomplish a similar objective and combat the pervasive fear of organized crime in the communities. Moreover, relocation services for victims and witnesses, a suggestion proposed by a few respondents, may also prove effective. Since one primary reason for noncooperation, according to interviewees, is the fear of being seen speaking to the police, victims and witnesses may be more willing to share with the police if their safety is guaranteed or they are given the option to relocate outside of their neighborhoods and communities. In general, improved police protection could assist in assuaging the fears of prospective victims and witnesses. If police departments can provide the necessary protection to victims and their families, thus mitigating any fears about retaliation in their communities or from gangs, they may be more effective in subsequently encouraging greater cooperation. Furthermore, as indicated by several investigators, many Durham communities are likely to be affected by the pervasiveness of a culture that is jaded and indifferent to crime due to its regularity and the inefficacy of police investigations. Such indifference renders some community members to be unmotivated and unwilling to work with investigators. Thus, increasing cooperation starts with building trust between the police and the community. Because one of the driving factors in noncooperation is mistrust of the police and the court system, developing trust between 36 investigators and members of the community could serve as a stepping stone to a better partnership and thus more cooperation. Several strategies may result in developing greater trust. For instance, expanding community policing, especially amongst police investigators in the violent crimes and homicide units, may improve perceptions of the police as well as expose investigators more directly to the cultures of their communities. While community policing already exists to a certain degree at the Durham Police Department, detective engagement in community policing should be particularly expanded. Interviewees viewed events like National Night Out, an annual campaign that aims to promote the police-community relationship through celebration and community events, as widely successful. Improving trust may occur if police investigators become more regularly involved in the communities they work with, not just when they are responding to an incident. Such activity helps individuals identify with the police and view the investigators as community members rather than distant cops. Seeing investigators frequently involved in the community also lends credibility to the belief that the police hold the community’s best interest at heart. Several investigators mentioned that the results of such strategies can be seen empirically; in general, if an officer already has rapport with community members, they are far more likely to share important information when it is needed. Similarly, due to the efficacy of investigators sharing common ground with the witnesses they interview, another potential police reform could involve focusing on developing the police force to be more representative of the communities they work with. For instance, police departments could invest more resources into recruiting investigators directly from the local communities. Such recruits would not only already be more familiar with the community, but they 37 would also likely be more successful in garnering the trust of potential victims and witnesses during investigations because they could reference commonalities in upbringing. Education, particularly as it relates to the role of the police, may also facilitate in accomplishing a similar goal. For example, educating the public on the role and responsibilities of the police could help illustrate the distinctions between the police and the court system. At least a few investigators felt that some criticism and lack of trust in investigators stems from flaws in the court system. Therefore, more explicitly teaching the differences between the two entities could help illustrate to civilians that even when investigators work to the best of their abilities, shortcomings can still occur due to limitations in the courts. Accordingly, a change in the current court system may also be a necessary precursor to improving victim and witness cooperation. In general, the respondents who pointed to complications in the court system as an influencing factor in noncooperation also likely believed that a change in the system could improve cooperation. Specifically, two major improvements were mentioned. First, interviewees believed that there should be a change to witness testimony and information as it pertains to privacy. Instead of witness information being publically available, witness testimony and information should remain private and only available to judges and lawyers. The investigators felt that more individuals would come forward with information pertinent to an investigation if they could be reassured that their information would remain private. Secondly, interviewees emphasized that a reduction of court appearances could lessen the burden placed upon witnesses. In the status quo, witnesses are required to appear in court numerous times, and the investigators felt the multiple appearances should not be necessary. Though both changes may result in greater witness cooperation, the feasibility of such initiatives is less certain given present limitations in the courts. 38 However, overall, one of the most effect ways of improving cooperation may simply be through increased staffing and resources, a sentiment shared by many investigators. The majority of respondents felt that an increase in staffing would consequently lead to lighter caseloads, increased police presence, and greater community policing. With lighter caseloads and greater presence, investigators could dedicate more time to working with victims and witnesses and encouraging their cooperation. Another potential police strategy that was hypothesized and explored in this study was the expansion of monetary incentives to encourage cooperation. However, because the lack of financial payments was not frequently cited by investigators as an influencing cause in noncooperation, the effects of such a program may be limited. For instance, investigators shared mixed responses to the State Victim Compensation (SVC) program, and many expressed that they were unfamiliar with the specifics of the program. Only a few respondents mentioned ever receiving contact from the SVC, and several respondents stated that the SVC program should be better explained to both police investigators and victims. One large limitation of the SVC is that the program typically takes weeks to get in touch with victims, and often times, cases are no longer active at that point. Hence, the long transaction period for the SVC program renders it difficult to use in encouraging cooperation. Consequently, only a few respondents stated that they believe that the program can be helpful, more respondents indicated that they were not sure if the program is helpful, and some respondents even indicated that they did not believe the program is helpful. In addition to administrative limitations of the SVC program, the respondents also suggested that if victims want to cooperate, they will often cooperate from the beginning, and money will not incentivize a victim that does not want to cooperate in the first place. 39 Another monetary program that I examined was the use of CrimeStoppers. All of the investigators indicated that they mention CrimeStoppers during an investigation, especially if a prospective witness appears to be knowledgeable about a case but hesitant to speak with the police due to concerns about privacy. Furthermore, for all respondents, amongst the communities they worked with, CrimeStoppers is a well-known program, though admittedly, not all people fully understand how CrimeStoppers works. However, the investigators were slightly more divided on their opinions of CrimeStoppers. Most interviewees did agree that on the whole, CrimeStoppers is a useful program to gather information, particularly due to its anonymity that assuages a primary fear of community members. Nonetheless, several respondents raised potential issues and limitations of the program. Some indicated that the existence of CrimeStoppers leads some individuals to not share information directly with officers because they know that they can be paid for the information if they instead used CrimeStoppers. Others mentioned that CrimeStoppers tips generally are information that investigators already know, though sometimes they can be useful in corroborating existing information. They stressed that while CrimeStoppers is useful for providing leads and tips, it is rarely possible to solve a case purely from a CrimeStoppers tip. Therefore, the true merits of the CrimeStoppers program may lie less in the monetary component of the program and more in the anonymity it provides to prospective witnesses. Since CrimeStoppers allows victims and witnesses to provide information without revealing their private information, it can be a particularly useful tool in combatting the pervasive fear of retaliation in communities. Ultimately, the results of this thesis suggest two major policy conclusions. First, encouraging victim cooperation ought to be a primary objective in police investigations because of the strong relationship between victim behavior and crime clearance. If a police department can 40 increase rates of victim cooperation, and more importantly decrease incidences of noncooperation, it may be able to improve its overall clearance rates, particularly in nonfatal shooting crimes. Secondly, attempts to improve systemic cooperation should aim at reforming the cultures of fear and mistrust that often discourage cooperation. For instance, providing more credible protection for prospective witnesses or expanding anonymous tip programs, such as CrimeStoppers, may lead to victims and witnesses feeling more comfortable about opening up to investigators. Similarly, department programs that encourage the development of trust, such as community policing, education programs, and recruiting directly from the surrounding areas, may prove valuable in building trust between the police and the communities they work with directly. Particularly amidst current events, such tactics may prove especially effective in working towards the ultimate goal of improving the safety of all individuals. 41 References Armstrong, Jennifer, Darryl Plecas, and Irwin M. Cohen. 2013. The Value of Resources in Solving Homicides: The Difference Between Gang Related and Non-Gang Related Cases. Centre for Public Safety and Criminal Justice Research. University of the Fraser Valley. 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"The Influences of Incident and Contextual Characteristics on Crime Clearance of Nonlethal Violence: A Multilevel Event History Analysis." Journal of Criminal Justice 36 (1): 61-71. doi: 10.1016/j.jcrimjus.2007.12.007. Wellford, C., & Cronin, J. 1999. An Analysis of Variables Affecting the Clearance of Homicides: A Multistate Study. Washington, DC: Justice Research and Statistics Association. Appendix A 44 Appendix B DPD INVESTIGATORS QUALITATIVE INTERVIEW GUIDE INTRODUCTION 1. Please tell me about your history in law enforcement. 2. How long have you been in your current position and department? CASE FILES Asked per case (3-5 cases per investigator) CASE FILE INTRODUCTION 1. Tell me about this case. VICTIM QUESTIONS (Do not ask for homicide cases, skip to witness questions) 1. How cooperative was the victim in the police investigation? 2. Do you believe that the victim was being truthful? 3. What strategies did you use to encourage the victim to cooperate? 4. How crucial was the victim’s cooperation to your investigation? WITNESS QUESTIONS 1. Who were the key witnesses in this case? 2. Was this witness willing to speak with you about the case? 3. Do you believe that the witness was being truthful? 4. What did you do to encourage key witnesses to speak with you? 5. How crucial was the witness’s cooperation to your investigation? 6. How vital is victim/witness cooperation to continue/re-open this investigation? (If case is inactive/open) 45 GENERAL QUESTIONS 1. What are the challenges that you feel are associated with witness and victim cooperation? 2. Why do you think homicides have a higher arrest rate than nonfatal assaults? 3. How is witness behavior different in fatal vs. non-fatal cases? (If investigator has worked both homicide and aggravated assault cases) 4. What tools do you utilize to help with victim and witness cooperation? 5. Does the state victim compensation program work to encourage participation? 6. How often do you tell individuals about Crime Stoppers during an investigation? a. Do you tell everyone you speak with about the program? b. Do you feel that most people in the community know about the program? c. How helpful do you feel this program is for solving gunshot crimes? 7. What do you think would help to improve victim and witness cooperation? 8. If you had more resources what would you do to improve victim and witness cooperation? PERCEPTIONS OF POLICE ROLE 1. Who do you see yourself serving in your duties as an investigator? WRAP UP 1. Is there any other information that you would like to share on this topic? ADDITIONAL QUESTIONS (if not already covered through other sections) 1. What features of a case make it most challenging to close? 2. What are some features of cases that making for better closure rates? 3. What typically causes you to stop pursuing a case? 46
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