“They Can’t Search Her”: How Gender Imbalances in the Police Force Contribute to Perceptions of Procedural Unfairness
| Author | Anne Li Kringen,Geoffrey Hunt,Madeleine Novich |
| Date | 01 July 2018 |
| Published date | 01 July 2018 |
| DOI | 10.1177/1557085117753669 |
| Subject Matter | Articles |
research-article2018
Article
Feminist Criminology
2018, Vol. 13(3) 260 –286
“They Can’t Search Her”:
© The Author(s) 2018
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https://doi.org/10.1177/1557085117753669
DOI: 10.1177/1557085117753669
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the Police Force Contribute
to Perceptions of Procedural
Unfairness
Madeleine Novich1, Anne Li Kringen2,
and Geoffrey Hunt3,4
Abstract
Research suggests that gender imbalances in police forces can significantly affect
individuals’ experiences when interacting with police. Of importance, yet rarely
examined, is the extent to which predominantly male police forces, in conjunction
with adherence to gendered departmental policies, can simultaneously send signals
of procedural justice and procedural injustice. Drawing on data from 253 in-depth
interviews of San Francisco–based male and female drug-dealing gang members, we
investigated how interactions with a male-dominated police force, who were required
to search only suspects of the same gender, affected perceptions of fair policing. Our
findings revealed that the study participants raised concerns that the police unfairly
enforced the law to the detriment of the men in the study. The gang members were
aware that male officers could only search same-sex suspects and this exacerbated
the gendered experiences of the gang members. Specifically, it contributed to the
perception that male officers targeted male gang members to the omission of women
and, if women were stopped, they were frequently released. These findings suggest
that the gender composition of the police force is important in shaping attitudes
toward equitable enforcement of the law and procedural fairness. Of theoretical
importance, these findings highlight a contradiction that compliance with rules can
contribute, counter intuitively, to perceptions of procedural injustice. Procedurally
1Manhattan College, Bronx, NY, USA
2University of New Haven, West Haven, CT, USA
3University of Aarhus, Denmark
4Institute for Scientific Analysis, Alameda, CA, USA
Corresponding Author:
Madeleine Novich, Assistant Professor, Manhattan College, 4513 Manhattan College Parkway, Bronx,
NY, 10471, USA.
Email: maddy.novich@gmail.com
Novich et al.
261
unfair police behavior may be a systemic problem where the gender composition of
the police force itself creates an inherently unfair system.
Keywords
policing, gender and policing, female police, procedural justice, gang members
Introduction
Research suggests that gender imbalances in police forces can significantly affect
individuals’ experiences when interacting with police (Novich, 2015; Novich & Hunt,
2017; Brunson & Miller, 2006; Fratello, Rengifo, & Trone, 2013; Gabbidon, Higgins,
& Potter, 2011; Visher, 1983). Of importance, yet rarely examined, is the extent to
which predominantly male police forces can simultaneously send signals of proce-
dural justice and procedural injustice (Tyler, 2006). Specifically, many departments
have male-dominated forces where male officers significantly outnumber female offi-
cers (Reaves, 2015). Many departments also have gendered policies, such as require-
ments that suspects be searched by officers of the same gender. Thus, departmental
rules may require different treatment of male and female suspects. This can lead to
perceptions of procedural unfairness during involuntary face-to-face contact with
police. The institutionalization of these practices may indicate that perceptions of
unfairness may stem from officers adhering to formal policies, yet this has not been
fully examined empirically.
These gendered policing practices may be particularly harmful to groups that are
often the focus of policing efforts, such as ethnic minority gang members. Indeed,
policing gangs has been on the rise since the 1970s with evidence suggesting that offi-
cers target these individuals based on age, race, gender, and neighborhood context
(Durán, 2008; Katz & Webb, 2006). Furthermore, during these points of contact, gang
members may be likely to report disrespectful police behavior, including excessive use
of force and inappropriate language (Novich & Hunt, 2017; Durán, 2008). Given that
this subpopulation comes into relatively frequent contact with law enforcement and
has a high likelihood of experiencing procedurally unjust behavior, gang members are
an excellent sample in which to investigate how unfair behavior is perceived. This
includes the extent to which the gender imbalance in police forces and officer adher-
ence to gendered policies may contribute to these negative experiences.
Previous literature identifies that officer bias, given limited oversight and discre-
tion, often dictates face-to-face encounters (Katz & Webb, 2006). This generally
results in male and female suspects having vastly different experiences when interact-
ing with police officers (Brunson & Miller, 2006; Durán, 2008; Gabbidon et al., 2011).
Notwithstanding elements of discretion, officers are also guided by departmental poli-
cies and restrictions. However, there is limited research that explores the extent to
which departmental policies may themselves contribute to the differential experiences
of male and female suspects.
262
Feminist Criminology 13(3)
To examine these issues, we used narrative data collected between 2007 and 2009
from 253 in-depth interviews with San Francisco–based male (N = 119) and female (N
= 134) drug-dealing gang members. Nearly all participants were young individuals of
color with an average age of 22 years. San Francisco was an important location for this
investigation because police officers have an institutionalized policy: “Policies and
Procedures for Juveniles Detention, Arrest, and Custody” (General Order 7.01), stat-
ing that juveniles must be searched by someone of the same gender as the juvenile
suspect. Only in a life-threatening situation may a juvenile be searched by an indi-
vidual of the opposite gender. Thus, this sample was uniquely qualified for use in this
investigation. Using the procedural justice model (Tyler, 2006) as a guide for the anal-
ysis, we examined how the young men and women described unfair police behavior
during points of contact. The investigation paid close attention to how these experi-
ences were affected by the gender composition of the force and institutional practices
that reportedly dictated officer behavior.
Policing Gangs and Gang Members
Policing gangs has been on the rise since the 1970s in response to an increase in gang-
related crime and violence (Katz & Webb, 2006; Klein, 1995). Following a series of
important legislative changes (Klein, 1995; Klein & Maxson, 2006; see also Maxson,
Hennigan, & Sloane, 2005), police precincts nationwide formed or expanded gang
task units focused on suppression (Katz & Webb, 2006; Klein, 1995). Their primary
responsibilities included directed patrols to focus on stopping known gang members,
investigating gang crimes, and gathering intelligence on known or suspected gang
members (Katz & Webb, 2006; Klein, 1995). These officers generally operated with
limited formal oversight and with the understanding that the officers were “generally
free to perform only the gang control activities that interested them” (Katz & Webb,
2006, p. 200).
Officer suppression efforts typically focused on young, ethnic minority males
wearing urban attire and located in economically disenfranchised communities (Durán,
2008; Katz & Webb, 2006; Klein, 1995; Miller, 1995). Of note, research suggests that
gang taskforce officers have disproportionate contact with ethnic minority groups
when carrying out gang suppression initiatives (Katz & Webb, 2006). Officers may
unconsciously (Tomaskovic-Devey, Mason, & Zingraff, 2004) or consciously (Katz &
Webb, 2006) use stereotyping mechanisms to simplify their decision-making pro-
cesses. As such, they may be influenced by personal characteristics such as race and
gender (Novich & Hunt, 2018; Brunson & Miller, 2006; Katz & Webb, 2006).
Indeed, this is reflected in official statistics whereby law enforcement agencies
have reported that gangs are 47% Hispanic and 31% African American (Egley, 2002).
These reports conflict with self-reported data where Whites identify as gang members
more frequently than is recorded by law enforcement (Esbensen & Carson, 2012;
Esbensen & Osgood, 1997; Esbensen & Winfree, 1998). Moreover, officers com-
monly focused on men to the omission of women (Novich & Hunt, 2017; Durán,
2008). For example, Durán’s (2008) study revealed that Mexican male gang members
Novich et al.
263
were more likely to come in contact with police despite being in the presence of female
members. Furthermore, Novich & Hunt (2017) found that male gang members were
stopped twice as often as their female counterparts. This is also evident in official
statistics, where gang members are reportedly 94% male and only 6% female (Egley,
2002). These numbers contradicted contemporary research that demonstrates that
women make up anywhere from 20% to 46% of all gang members (Bjerregaard &
Smith, 1993; Esbensen & Carson, 2012; Esbensen & Osgood, 1997; Esbensen &
Winfree, 1998; Miller, 2001).This discrepancy is also acknowledged by the Department
of Justice (see Moore & Hagedorn, 2001).
Focusing on gender, differential treatment of female suspects by the criminal jus-
tice system is well...
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