Students are to write the introduction and the literature review of their paper. Learning Objectives: After reading these chapters students should be able to: Refi

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Discrimination in the Law Enforcement Negotiation Process: What works and What Doesn't When Handling Suspects

Derrick Dixon

Department of Criminal Justice, Grambling State University

CJ 502: Writing Seminar for Criminal Justice

Dr. Tazinski P. Lee

April 17, 2023

Introduction

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Discrimination in the law enforcement bargaining process is a weighty issue that has

been considered in current years(Lester,2018). As law enforcement officers work to guarantee

public security and the rule of society, the situation of suspects throughout the trial process is a

main determinant that must be cautiously deliberate. In this study project, we will delve into the

shadings concerning this affair and test everything and what does not when handling guesses

during the law enforcement bargaining process.

This research project aims to review the existent information on bias in the policing

negotiation process and specify an understanding of the aspects that influence prejudicial

practices. We will precariously resolve the issues and critical views regarding this topic,

correlating and divergent various views to gain an inclusive understanding (Eberhardt,2019).

Additionally, we will review the experiences and history concerning this issue to support context

and recognize some patterns or styles that may have developed over time.

To summarize, prejudice in the law enforcement negotiating process is a complicated and

diverse subject that requires careful examination (Worden,2020). This study proposal intends to

contribute to the existing literature on this topic by offering a comprehensive analysis of the past,

settling disagreements, and organizing the research in an acceptable and intelligible form. The

expectation is that by doing this research, it will be possible to make judgments about what

matters and what does not when authorities have suspects in the law enforcement negotiating

process, resulting in the emergence of fair and just procedures in law enforcement (Goff &

Kahn,2017).

Statement of the problem

The issue at stake is the presence of prejudice in the policing negotiating process, which

has been established in several cases and has affected poor outcomes such as unlawful arrests,

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false confessions, and breaches of justice (Lum et al.,2019). Despite efforts to protect suspects'

rights and ensure fairness throughout the negotiation process, discriminatory practices persist,

posing a substantial threat to the criminal justice system's uprightness and justice.

Discrimination in the law enforcement negotiation process can take many forms,

including but not limited to racial, cultural, neuter, religious, and socioeconomic bias. Suspects

from marginalized or young groups acknowledge the likelihood of being susceptible to typical

situations created by implicit or particular biases possessed by police officers and bureaucrats

(Lum et al.,2019). Long-term consequences include strained community relations, diminished

cooperation with law enforcement, and lower public trust in the criminal justice system.

As a result, the issue of prejudice in the law enforcement negotiation process needs a

comprehensive investigation and understanding to identify the elements that promote similar

discriminatory behaviors and establish effective measures to confront and avoid them (Goff &

Kahn,2017). By talking about it, we may work toward a more equitable and unbiased criminal

justice system that protects the rights of all suspects, regardless of their past, and fosters

confidence and clarity among law enforcement agencies and their communities.

The purpose of the study

This study aims to look at the issue of prejudice in the law enforcement negotiation

process and see what works and what does not when dealing with suspects. The study's goal is to

comprehensively analyze the available literature on this topic, analyze critical perspectives and

possibilities, and identify the underlying factors that promote discriminatory behaviors

throughout the diplomatic process.

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The study seeks to improve knowledge of the dynamics of prejudice in the policing

negotiation process and highlight the need for fair and just treatment of suspects. By

investigating the issue of prejudice in this context, the research hopes to increase awareness of

the problem and create an evidence-based policy to avoid and correct discriminatory behaviors in

law enforcement negotiating (Harris,2016).

Furthermore, the study describes practical understandings and recommendations for law

enforcement and legislators to build effective plans to reduce prejudice in the negotiation process

(Lum et al.,2019). This grant authorization includes recognizing best practices, training

programs, legislative reforms, and procedural modifications that can foster fairness, justice, and

equal treatment of suspects during negotiations.

The study's findings are predicted to impact the development of evidence-based methods

and policies that support a fair and just scenario for suspects during the law enforcement

negotiating process(Tyler,2017). Finally, the goal is to strengthen the criminal integrity plan's

integrity and justice, establish confidence and legitimacy between law enforcement agencies and

the societies they serve, and ensure that suspects are handled with decency, respect, and

compliance with the law.

Literature Review

The article on discrimination in the law enforcement negotiating process offers opinions

on the numerous reasons that lead to discriminatory tactics and their consequences for suspects

and the criminal justice system. Several major concepts and critical perspectives have emerged

from the current literature, shedding insight into the complexities and problems associated with

this subject (Lester,2018).

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Implicit Bias and Stereotyping:

Studies have demonstrated that, like all things, police officers and officials are prone to

unconscious biases and preconceptions that might impact their thoughts, judgments, and actions

throughout the negotiating process. According to research, unconscious prejudice based on color,

ethnicity, gender, church, or other characteristics can lead to biased situations for suspects,

resulting in unjust consequences (Eberhardt,2019). For example, suspects from minority groups

are more likely to be viewed as dangerous or guilty, resulting in more harsh treatment or less

favorable negotiating results when compared to suspects from adulthood groups. Implicit

prejudice can operate subconsciously, making it difficult to detect and resolve, yet it can have

major consequences for suspect rights and the fairness of the negotiating process.

Structural and Systemic Factors:

The involvement of structural and intrinsic elements in providing discrimination in the

law enforcement negotiating process has also been highlighted in the literature. This includes

racial profiling, law enforcement's disproportionate targeting of specific populations, and

inherent biases in rules, processes, and practices (Alpert & Dunham,2016). For example,

research has indicated that some populations, particularly those from marginalized or young

groups, are more likely to be stopped, searched, or arrested by law enforcement personnel,

leading to discrepancies in negotiation outcomes. Structural and systemic variables can

contribute to a biased environment, perpetuating prejudice and compromising the negotiating

process's fairness and thoroughness.

Research Questions

Based on the evaluation of the essays, the following research questions and theories were

suggested for future investigation:

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1. What factors influence prejudice in the law enforcement negotiating process when

dealing with suspects?

2. How can implicit biases and standardization affect law enforcement agents' perceptions,

judgments, and actions during a negotiation?( Skolnick & Fyfe,2020)

3. What are the underlying and systemic factors that facilitate discriminatory practices in the

negotiating process, and how do they influence questionable reactions?

4. How does the power disparity between law enforcement officials and suspects affect the

bargaining process, and what risks do suspects face?( Nelson & Kubrin,2019)

5. What are the consequences of policing negotiation prejudice for suspects, societies, and

the criminal justice system?

Hypotheses

1. Law enforcement officers with more inherent prejudice are likelier to engage in

discriminatory behavior throughout the negotiation process.

2. Structural and systemic factors like ethnic profiling and prejudiced techniques cause

differences in negotiation results for suspects from marginalized groups.

3. Power disparities between law enforcement officials and suspects and biased views or

attitudes create an unfair scenario and repercussions for suspects.

4. Discrimination in the policing negotiating process leads to bad outcomes such as

unlawful arrests, forged confessions, and coerced social relationships.

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References

Lester, J.D. (2018). Writing Research Papers: A Complete Guide (16th Edition). Pearson.

Eberhardt, J.L. (2019). Biased: Uncovering the Hidden Prejudice That Shapes What We See,

Think, and Do. Viking.

Alpert, G.P., & Dunham, R.G. (2016). Understanding Police Use of Force: Officers, Suspects,

and Reciprocity. Cambridge University Press.

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Worden, R.E. (2020). Arrest Decisions: What Works and What Does Not. Routledge.

Goff, P.A., & Kahn, K.B. (2017). Implicit Bias in Law Enforcement. Social Issues and Policy

Review, 11(1), 195–222.

Tyler, T.R. (2017). Procedural Justice and Lawful Policing: A Meta-Analysis. Psychological

Bulletin, 143(5), 521–554.

Lum, C., Koper, C.S., & Telep, C.W. (2019). Receptivity to Procedural Justice and Legitimacy:

The Role of Race, Trust, and Legitimacy in the Chicago Police Department. Justice

Quarterly, 36(1), 55-81.

Harris, D.A. (2016). Profiles in Injustice: Why Racial Profiling Cannot Work. New York

University Press.

Nelson, R.K., & Kubrin, C.E. (2019). The Social Dynamics of Bias-Based Policing: Group

Threat, Contact, and Police Legitimacy. Criminology, 57(1), 141-168.

Skolnick, J.H., & Fyfe, J.J. (2020). Above the Law: Police and the Excessive Use of Force. Free

Press.

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