Families’ Experiences of Deaths After Police Contact in the United States: Perceptions of Justice and Injustice
| Author | David Baker,Dana Norris |
| Published date | 01 March 2021 |
| DOI | 10.1177/1057567720918928 |
| Date | 01 March 2021 |
| Subject Matter | Articles |
International Criminal Justice Review
2021, Vol. 31(1) 5-19
Families’ Experiences of
ª 2020 Georgia State University
Deaths After Police Contact
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DOI: 10.1177/1057567720918928
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Perceptions of Justice and
Injustice
David Baker1
and Dana Norris2
Abstract
This article examines deaths after police contact (DAPC) in the United States using qualitative
research undertaken with families who lost loved ones after police contact. It aims to understand
their perceptions of the processes they go through in the aftermath of these deaths and how this
affects their worldview. The article uses the principles of procedural justice and belief in a just world
(BJW) to consider how these experiences affect families’ views of justice and injustice in the United
States. Key findings are that families perceive police and criminal justice system processes to be
procedurally unjust in cases of DAPC and that their BJW is significantly affected as a result of the
outcomes they experience. It further argues that there is a racial dimension to these experiences, as
White participants appeared to feel these effects more keenly than Black and Mixed-Heritage
participants.
Keywords
deaths after police contact, legitimacy, accountability, procedural justice, belief in a just world
Introduction: Deaths After Police Contact in the United States
There has been considerable academic focus recently on the issue of deaths after police contact
(DAPC) in the United States. Articles have variously considered the issue via secondary data
analysis of existing survey data (see Campbell et al., 2018; Cesario et al., 2019; Johnson et al.,
2019), literature reviews (see e.g., Desmond et al., 2016; Dunham & Petersen, 2017; Marenin,
2016), and theoretical pieces (see e.g., Katz, 2015; Kleinig, 2014). There is, however, no known
primary academic fieldwork–based research on this issue involving the families left behind in the
1 School of Psychological, Social and Behavioural Sciences, Coventry University, United Kingdom
2 Faculty of Health and Life Sciences, Coventry University, United Kingdom
Corresponding Author:
David Baker, School of Psychological, Social and Behavioural Sciences, Priory St, Coventry University, Coventry CV1 5FB,
United Kingdom.
Email: david.baker@liverpool.ac.uk
6
International Criminal Justice Review 31(1)
aftermath of cases of DAPC. Writing about miscarriages of justice in the UK, Charman and Savage
(2009) note that families of the deceased possess special knowledge about contentious deaths, while
Scraton (2002, p. 112) notes that there is a “yawning gap” between official discourse about con-
troversial deaths and what families say. The article addresses this gap by examining the experiences
of families whose loved ones have died after police contact in the United States.
It contextualizes participants’ responses using two principles: procedural justice and the belief in
a just world (BJW). The capacity of police and the criminal justice system in the United States to
operate using processes that are legitimate and accountable largely relates to whether society
perceives police to be procedurally just (Katz, 2015). If citizens broadly perceive this to be the
case, it is likely to positively affect their BJW. The article adds to the canon of knowledge on DAPC
by being the first known study to use empirical data generated from the loved ones of the deceased
and by using the principles of BJW and procedural justice to evaluate their responses. Both of these
principles emerged at the analytical stage of an inductive research process, they were not sought for
in the data-gathering phase by the Principal Investigator. As such, the article’s findings deepen our
understanding of DAPC by outlining the far-reaching ramifications of these deaths in terms of the
potential corrosion of societal legitimacy and trust in the police and criminal justice system.
The role of police in democratic societies is underpinned by them being perceived as a legitimate
organization that operates in an accountable manner (Kleinig, 2014; Zimring, 2017). Societal
consensus is key as it enables police to operate with the consent of the population (Katz, 2015).
Legitimacy and consent are fundamental in ensuring that police are able to function effectively
within society, both concepts are intimately linked to the issue of trust between the public and the
police (Desmond et al., 2016). Legitimacy and consent are granted on the basis that police activity is
regulated and held accountable when events occur, which challenge society’s view of what con-
stitutes legitimate and consensual policing (Katz, 2015; Zimring, 2017).
How the police are perceived to use force is a significant factor in ensuring this relationship
functions effectively (Katz, 2015; Marenin, 2016). If police are perceived to use force in a dispro-
portionate or unnecessary way, it can raise questions about their legitimate right to use it (Kleinig,
2014). Similarly, if their actions are perceived to be unaccountable, these factors in combination
have the capacity to create a lack of societal trust and confidence in the police (Marenin, 2016;
Zimring, 2017). The lack of data on these deaths has exacerbated societal concerns about why
governmental and policing authorities are unable to quantify the number of cases of DAPC1 in the
United States annually (Campbell et al., 2018; Dunham & Petersen, 2017; Marenin, 2016). In 2015,
the director of the Federal Bureau of Investigation acknowledged the Guardian Media Group’s
website “The Counted” represented the most accurate count of cases of DAPC (Davis & Lowery,
2015). It registered 1,148 deaths in 2015 and 1,083 in 2016—approximately three citizens die every
day after contact with police in the United States (The Counted, 2015, 2016). This article considers
the relationship between citizens and trust in the police and criminal justice system. It examines
these issues by investigating families’ perceptions in the aftermath of cases of DAPC, and how their
worldview can be altered as a result of the police and criminal justice processes they go through.
Procedural Justice
Procedural justice has been the focus of a significant amount of interest from policing scholars,
partly due to diminishing public confidence in policing due to perceived failures in the ways in
which police operate (Gau et al., 2012). It focuses on the perceived fairness of procedures involved
in decision-making by police (Tyler & Huo, 2002). Procedural justice comprises four key principles
of police behavior: dignity and respect, trustworthy motives, neutrality, and participation. When
police are perceived to treat citizens with respect, demonstrate trustworthiness by showing care and
concern for the well-being and quality of life of citizens or society in general, are unbiased in their
Baker and Norris
7
decision-making, and allow citizens a voice in decision-making processes, then they are more likely
to be seen as acting in a procedurally just manner (Schulhofer et al., 2011).
Procedural justice is viewed as being central to shaping public perceptions of police legitimacy
(Jackson et al., 2012). In this sense, legitimacy is established by fair and appropriate exercise of
authority (Tyler, 2004). A smaller body of research focuses on social identity and procedural justice
(Roberts & Herrington, 2013). Police being seen to act in a procedurally just manner can confirm a
citizen’s status, reaffirm a sense of group identity, and encourage allegiance to authority (Sargeant
et al., 2014). Therefore, treatment by police that is perceived to be disrespectful can produce
negative consequences not only for an individual’s self-worth but also their relationship with police
and the rule of law (Jackson et al., 2012).
Accountability and Regulation of DAPC in the United States
In cases of DAPC in the United States, procedural justice can be applied as a 2-fold principle, in
which police can be perceived as being unjust in both aspects. First, in the perceived inability to
conduct themselves in a fair manner during interactions with citizens prior to their deaths (Dunham
& Petersen, 2017); second, in the apparent lack of procedural justice displayed toward families’
attempts to get accountability in the aftermath of deaths (Lara, 2017). Therefore, police–community
relations can be damaged by societal perception of officers’ actions and exacerbated by a perceived
lack of effective accountability systems (Katz, 2015; Zimring, 2017).
Cases of DAPC are subject to a two-track investigation. The first is typically conducted by police
internal affairs units and assesses whether the officer in question committed a crime (Katz, 2015). If
there is probable cause to believe a crime has been committed, the internal affairs unit refers the
matter to a local prosecutor who decides whether to file charges against the officer (Katz, 2015;
Lara, 2017). If it is believed that a crime has not been committed, the case is classed as a “justified”
death, and the officer/s involved exonerated.
Nationwide, between 2005 and 2017, Stinson (2017b) found that 82 officers were charged as a
result of using lethal force, and 29 were convicted, often for lesser charges such as involuntary
manslaughter or official misconduct (Stinson, 2017a). Due to the lack of accurate federal data on
cases of DAPC, it is not possible to assert with certainty what percentage of these deaths result in an
officer being charged,...
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