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���Good Discretionary Decision Making in Order Maintenance Policing: �The Role of Cognition and Learning

April Giles�Policing 707 / Dr. W. Sousa / University of Nevada, Las Vegas

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Purpose�One, consider specific cognitive competencies as fundamental for good discretionary decision making in order maintenance policing. Two, consider a learning theory that facilitates development of suggested competencies in the context of police academy training.�

Objective�To generate conversations and ideas regarding training designs and learning strategies for novice police trainees within the context of police academy training -- from an educational psychology perspective.�

Goal�An Educational Psychology presence in police training research to support fair, safe, and just policing practices with a diverse public.

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Order Maintenance Policing:

Brief Overview

The intervention and suppression of behavior that threatens to be offensive and/or disturb the public peace, or that emanates from conflicts among individuals that are public in nature (Kelling, 1996). Also referred to as minor offenses.�

  • Examples:
    • Loitering, littering, public intoxication, prostitution, panhandling, noise disturbances, and trash dumping, etc. �
  • Legal Enforcement Options (Discretion-Based):
    • Citations, warnings, and arrest which is often a last resort.

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��Roots of Order Maintenance Policing:

Broken Windows Theory�

      • Developed by George L. Kelling and James Q. Wilson, 1982.
        • Minor offenses is a sequential step to further crime, serious crime, and neighborhood decline (Sousa and Kelling, 2018). �
        • Specifically focuses on discretion as it relates to the balance of individual rights and community interests (Sousa, 2010). �
        • Two types of Disorder
    • Physical disorder - Any physical condition that contributes to a generally run-down atmosphere in a neighborhood or community (Wilson & Kelling, 1982). �
    • Social disorder - Any condition or behavior that fails to conform to traditional standards of decency, cleanliness, and proper conduct (Wilson & Kelling, 1982).

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���Order Maintenance Encounters��

Two Dimensions of Complexity:

    • Situations or problems presented to an officer.�
    • Officer’s responses to situations or problems.�

Often situational ambiguity

    • Necessitates officer discretion in decision-making.�
        • Reflective of the officer, not training (personal judgement in professional setting; intuition)

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���Discretion: �Definition��

The latitude of choice for decision making within the bounds of an officer’s role.

  • Absent of attention in police training.

    • Discretion is the where thinking skills take place.

  • Learning happens through on-the-job experiences.

  • Danger: Gap in training that lends itself to the potential for missteps in decision-making.�

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Good Decision Making:�Definition

A good decision is one that is made deliberately and thoughtfully, considers and includes all relevant factors, is consistent with the individual’s philosophy and values, and can be clearly explained to others (Dholakia, 2017).

        • In this case, philosophy and values of policing/law enforcement.

Note: Focused on the process of decision-making, separate from the outcome.

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Use of Discretion and Decision-Making, Data…������

Kelling’s�1999 National Institute of Justice Research Report

  • Many police training materials use vague jargon of the field: “common sense” and “proper action”. �
  • Police agencies should develop formal guidelines for the use of their discretion, improve order maintenance training, and contribute to police decision-making.�
  • Criminal Justice researchers and professionals have advocated for the development of guidelines to shape police use of discretion since the 1960s and 1970s. �
  • Police officers are often unable to articulate the precise characteristics of an event that led them to act as they did.�
  • Discretionary guidelines can serve as the basis for police training, supervision, and practice; provide the basis for officer accountability; and defend police actions in litigation.

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Order Maintenance Policing: �Q: What Drives Effective Decision Making?

  • Cognitive Readiness�
  • Conceptual Knowledge �
  • Critical Thinking�
  • Problem Solving

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Effective Decision Making: �Cognitive Readiness

  • Cognitive Readiness
  • Mental preparation for effective changes in response to altered or unpredictable situations (O'Neil, Lang, Perez, 2014)�
    • Special relevance to those who must quickly adapt to rapidly emerging, unforeseen challenges (Morrison and Fletcher, 2002)�
    • Drives sustain competent performance in a dynamic, complex, and ever-changing environment (Fletcher, 2004).
  • Learning
    • Can be taught (Klein, 2008; O’Neil, Perez, & Baker, 2013) with high levels of training and practice and assessed.

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Effective Decision Making: Conceptual Knowledge

  • Conceptual Knowledge:

An understanding of the principles� and relationships that underlie a � domain (Hiebert & Lefevre, 1986),� often organized around thematic� relations (Estes, Golonka, & Jones,� 2011) for a frame of reference (e.g. � Broken Windows Theory)�

    • Decision making processes are strongly correlated to the level of available knowledge (Holsapple, 1995)�
    • Associative knowledge leads to knowledge-based decision-making. �
    • Can be a useful strategy for cultural competence (Dole, Janice & Sinatra, Gale, 1998).

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Effective Decision Making: �Critical Thinking

  • Critical Thinking:�
  • Skillful analyzing, assessing, and reconstructing in thinking that is self-directed, self-disciplined, self-monitored, and self-corrective (Paul and Elder, 2021).
  • Active and purposeful thinking in clarifying and enhancing understanding, for problem solving, interpreting and info (Paul & Elder, 2002).
  • Learning
    • Practice and guidance, can prove to be necessary for law enforcement professionals in thinking more proficiently (Burrell, 2009). �

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Effective Decision Making: Problem-Solving

  • Problem Solving

The analysis and solution of tasks or situations � that are complex or ambiguous and posedifficulties or obstacles of some kind (Mayer &� Wittrock, 2006).

  • Used interchangeably with decision making and critical thinking, but NOT the same:
    • Problem Solving is a method, analytical thinking about a specific situation.�
    • Critical thinking an intentional way of looking at things or circumstances. �
    • Decision Making, is a process for judgment and evaluation for taking a course of action.�
  • Learning�Practice, real world life examples with explanations in the domain it will be used.

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Police Academy Training:Behavior Learning Theory

Behavior Learning Theory�Learning leads to outward behavior change that can be measured. �

    • Traditional in police training.�
    • Teacher-centered �
    • Teaching strategies:�
          • Prompting, cueing, behavioral modeling, simulations, skill drills, and positive reinforcement.

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Police Academy Training: �Behavior Learning Theory

Advantages

  • Effective for teaching technical and procedural skills.
  • Ensures behavior practice and is observable to gauge and assess performance.�

Disadvantages

  • Teacher-centered
  • Not conducive to student participation.
  • Pedagogy-based
    • Art and science of teaching children.
    • Fosters an environment of chain of command, rules, regulations and policy and procedures (Birzer (2003).
  • Little attention to learning and development of essential competencies such as problem solving.

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Training Suggestion

  • Keep the current behavioral learning theory, but specifically for technical and procedural training.�
  • Expand police academy training to include a decision-making processes component using an andragogy learning theory as an instructional approach.

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Police Academy Training: �Andragogy Learning Theory

Andragogy:The art and science of teaching adults/adult learning.�

  • Learner centered �
  • Teaching Strategies:�
      • Case studies, role playing, simulations, group activities, and self-evaluation. �

Learning assumptions (Knowles, Holton, & Swanson, 2005):�

  • Adults need to know why they need to learn something.
  • Adults need to learn experientially.
  • Adults approach learning as problem-solving.
  • Adults learn best when the topic is of immediate value.�

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Police Academy Training: �Andragogy Learning Theory

Advantages�

  • Learner-Centered.
  • Learners are active and � involved in the learning � process (Bizer and Tannahill, � 2001)
  • An engaging, challenging,� and collaborative� atmosphere (Vodde, 2009). �

Disadvantages�

  • Cognitive competencies take time to learn. 
  • Neglects social contexts.

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Cognitive Competencies: Police Training-to-Practice Impact

Predicted Outcome:�

    • Andragogy Learning � Theory & Decision-Making � Processes + Behavior � Learning Theory & � Technical Skills (etc.) =

Conceptual understanding and procedural fluency for effective decision making.

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Conclusion

Predicted Training Outcomes:�

        • Enhanced cognitive competencies/skills.
        • Understanding essential cognitive competencies/skills for effective decision-making.
        • Preparedness for good decision-making in order maintenance policing.
        • Automatic application of essential cognitive skills for effective decision-making.
        • Closed gap in training and in related police training research/literature.�

Training Policy Recommendations: �

        • Expanded academy training that includes cognitive skills training/development.
        • Instructor training in andragogy learning theory and Broken Window Theory.
        • Multimodal training approach.
        • A multidisciplinary approach to training (e.g., social work, psychologists, communication experts)
        • Decision-making simulation (e.g., virtual Reality, https://visualpurple.com/)

Future Research for Educational Psychology:�

  • Cognitive Learning Theory (CLT) for adult learners.
  • Instruction strategies specific to novice learners (police trainees).
  • Role of working memory and long-term memory.
  • The role of dual-process thinking in decision-making.

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