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Confidence in the Police, Due Process, and Perp Walks
Author(s) -
Slyke Shanna R.,
Benson Michael L.,
Virkler William M.
Publication year - 2018
Publication title -
criminology and public policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.6
H-Index - 33
eISSN - 1745-9133
pISSN - 1538-6473
DOI - 10.1111/1745-9133.12380
Subject(s) - constitutionality , law enforcement , public opinion , criminal justice , criminology , political science , economic justice , punitive damages , punishment (psychology) , social psychology , enforcement , ethnic group , law , psychology , supreme court , sociology , politics
Research Summary Perp walks have been declared constitutionally acceptable even though the practice could be perceived to be a form of preconviction punishment and a manifestation of populist punitiveness. In adjudicating the constitutionality of perp walks, courts have employed a balancing test in which the interests of the press and the public's desire to know about the activities of law enforcement are weighted heavily. No research has been aimed at examining public opinion about this practice, however. We report the results of a national opt‐in survey of public opinion on perp walks and find that less than one third of the sample respondents support them. By employing models derived from research on the influence of race and ethnicity on attitudes toward criminal justice policies, we find that, after controlling for concerns about the police and due process rights violations, African Americans and Hispanics/Latinos are more supportive of perp walks than are Whites. These findings suggest that perp walks are one of a few areas in which racial/ethnic minorities might take a harsher view of punitive criminal justice policies compared with Whites. Policy Implications Media coverage of some perp walks is likely unavoidable in a society with a free press, but the unscripted media coverage of a perp walk is different than the intentional coordination of a perp walk between law enforcement and the media. This practice of deliberately publicizing the arrest of criminal suspects has been defended by prosecutors and police. Contrary to claims that the public wants perp walks, however, we find that more people oppose than support perp walks. In light of the multiple constitutional concerns surrounding this practice, these results suggest that the orchestration of perp walks by law enforcement should be reconsidered.