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Do civilian complaints against police get punished?

Author

Listed:
  • Gregory DeAngelo

    (Claremont Graduate University)

  • Matthew Gomies

    (Claremont Graduate University)

  • Rustam Romaniuc

    (Montpellier Business School)

Abstract

Law enforcement institutions are tasked with a complicated undertaking that involves maintaining community safety and, at times, making arrests while exercising care in their interaction with private citizens. Errors may have dramatic consequences for civilians, police and the criminal justice system. Given limited observability of law enforcement agents’ behavior, one way to mitigate the principal-agent problem is to rely on signals from civilians via complaints. At the same time, civilian complaints may result in reputational and financial losses for the criminal justice institutions. This paper empirically investigates one way in which criminal justice institutions respond to civilian complaints. Namely, criminal prosecutors can upcharge a defendant who files a civil complaint against law enforcement. By upcharging, the prosecutor can increase the likelihood that a defendant will accept a plea deal, thus preventing the defendant from seeking monetary damages in civil court (Heck vs. Humphrey, 1994). Using data on citizen complaints and criminal charge outcomes from Cook County (Illinois), we find a strong causal link between a citizen filing a complaint and the total number of charges filed.

Suggested Citation

  • Gregory DeAngelo & Matthew Gomies & Rustam Romaniuc, 2023. "Do civilian complaints against police get punished?," Public Choice, Springer, vol. 196(3), pages 453-482, September.
    • Handle: RePEc:kap:pubcho:v:196:y:2023:i:3:d:10.1007_s11127-023-01052-1
    DOI: 10.1007/s11127-023-01052-1
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    References listed on IDEAS

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    1. Nicola Mastrorocco & Arianna Ornaghi, 2020. "Who Watches the Watchmen? Local News and Police Behavior in the United States," Trinity Economics Papers tep0720, Trinity College Dublin, Department of Economics, revised Nov 2020.
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    8. DeAngelo, Gregory & Humphreys, Brad R. & Reimers, Imke, 2017. "Are public and private enforcement complements or substitutes? Evidence from high frequency data," Journal of Economic Behavior & Organization, Elsevier, vol. 141(C), pages 151-163.
    9. Rustam Romaniuc & Katherine Farrow & Lisette Ibanez & Alain Marciano, 2016. "The perils of government enforcement," Public Choice, Springer, vol. 166(1), pages 161-182, January.
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    More about this item

    Keywords

    Private and public enforcement; Civilian complaints; Police misconduct; Upcharging;
    All these keywords.

    JEL classification:

    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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