a}: mu . . 3 33...: i‘ :- LYH 3..) “E r» . p at. a.“ :7. d, HuT-tl . rw :. 53$»: vamr 13.5.3 1 u... “ Wm.“ A ~ .r 5 :0. at}: This is to certify that the dissertation entitled A Cross-National Comparative Study of Police: Criminal Investigative Policies and Practices in the U.S. and South Korea presented by Yung Hyeock Lee has been accepted towards fulfillment of the requirements for PhD degree in SSC Wi U"! a concentration in Criminal Justice Major professor 13316 \),/€7 12'5'élr1191L_— MS U is an Affirmative Action/Equal Opportunity Institution 0-12771 LIBRARY Michigan State University PLACE IN RETURN BOX to remove this checkout from your record. TO AVOID FINES return on or before date due. MAY BE RECALLED with earIier due date if requested. DATE DUE DATE DUE DATE DUE NOV 0 8 2335 651805 Yfl‘l 6'11 We"? 8 27105 6/01 c:/ClRC/DateDue.p65~p.15 A CROSS-NATIONAL COMPARATIVE STUDY OF POLICE: CRIMINAL INVESTIGATIVE POLICIES AND PRACTICES IN THE US AND SOUTH KOREA By Yung Hyeock Lee A DISSERTATION Submitted to Michigan State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY School of Criminal Justice 2002 ABSTRACT A CROSS-NATIONAL COMPARATIVE STUDY OF POLICE: CRIMINAL INVESTIGATIVE POLICIES AND PRACTICES IN THE US. AND SOUTH KOREA BY Yung Hyeock Lee Comparing the police investigative process and its effectiveness between countries requires an understanding of macro level police environments, such as national cultures and legal traditions, in terms of handling crime. The rural and urban community characteristic is an important controlling variable for the cross- national comparison. Since detective work is embedded and intertwined with the complex web Of social systems such as macrosystem (nation-state), exosystem (community), mesosystem (organization), and microsystem (a detective) police investigative activities and outcomes may be understood as a form Of joint production between these social systems. Although the bulk of research on policing in the past three decades has been conducted in the US, most of this has focused on urban settings and on the police patrol and service functions. Police investigation activities, even though they are important aspects of police work, have not received serious attention from researchers. Furthermore, the attention that researchers have given to police investigation function has been country specific. There is no research that has explored differences in the police investigative policies and practices between countries. Thus, this study is the first empirical research on systematic comparison of police investigation processes both within and between nafions. National mail surveys of representative samples of law enforcement agencies in the US. (n=1,746) and South Korea (n=223) have been conducted. Using the survey results, this study compares police investigative policies and practices between the US. and South Korea. Overall, this study reveals that; 1) there were more differences than similarities in police investigative policies between the US. and South Korea; 2) the influence of rural/urban areas on police investigation practices appeared to be greater in the US than in South Korea; and 3) certain organizational characteristics—those operating within an “enforcement” orientation—were effective, but that other styles Of policing— especially those with a more “libertarian” orientation—tended to be counterproductive to clearing cases, in both nations, although this pattern was more conspicuous in the US. than in South Korea. This study concludes that although solving crimes represent the central mission Of police investigators across countries, differences of national contexts and local ways of life have a profound influence on police criminal investigation practices and policies, in turn, having a direct impact on case resolutions. Copyright by Yung Hyeock Lee 2002 ACKNOWLEDGEMENTS I would like to take this opportunity to thank all 1,746 American and 223 South Korean police organizations that participated in the national surveys. Particular gratitude is given to Dr. Frank Horvath, my major professor and chair of dissertation committee, for the intellectual stimulation, concise guidance, and friendship he offered over the past several years. Working with him has become a valuable asset. I would like to acknowledge the support of my dissertation committee; Dr. David L. Carter has provided me with perspectives emphasizing the link between practice and theory in criminal justice; due to my interaction with Dr. Steve Gold, I could explore sociological arenas and still have momentum to search for inquires of sociology; Dr. Robert Griffore has taught me how to understand human behaviors from a ecological point of view. In addition to the chair and committee, I am indebted to Dr. Vincent Hoffman and the professor, Robert Meesig, who gave me informal guidance and wise counsel throughout my graduate program. Their expertise and generous assistance have always been helpful to me. Also, my appreciation is expressed to Mr. Mark VerNooy, who sincerely provided some of the editorial work in this research. To South Korean Officers, who helped the translation and administration of the survey, my deep appreciation is expressed; they are Gyung-Sik Park, Ju-Lak Lee, and Sang- Uoong Park. Finally, I would like to express my deepest gratitude to my parents, Tae- Wan Lee and Young-Ja Lee. Without their understanding and support of my decision to pursue an academic career, I would not be able to continue toward the final chapter not only in this research but also in my doctoral program. vi TABLE OF CONTENTS LIST OF TABLES ................................................................................................. ix LIST OF FIGURES ................................................................................................ x CHAPTER ONE INTRODUCTION ................................................................................................... 1 Statement of the Problem ............................................................................... 1 Research Questions ....................................................................................... 5 Importance Of a Comparative Study ............................................................... 7 Importance of Police Investigation ................................................................ 10 Current Status of Cross-National Police Investigation Research .................. 17. A Brief Overview of the South Korean Police and Criminal Justice System .19 CHAPTER TWO LITERATURE REVIEW ...................................................................................... 26 Conceptualization of Police Criminal Investigation ....................................... 27 Organizational Properties for Police Criminal Investigations ........................ 31 Enforcement Oriented Properties ................................................................. 34 Liberal Policing Oriented Properties ............................................................. 41 CHAPTER THREE CONCEPTUAL FRAMEWORK FOR COMPARISON ......................................... 47 Police Investigation and Social Environments .............................................. 48 Influence of Macro-System on the Police: A Comparative Persepective ...... 51 Influence of the Rural/Urban (Exo-System) Distinction ................................ 66 Summary ...................................................................................................... 72 CHAPTER FOUR METHODOLOGY ................................................................................................ 73 Propositions and Hypothesis ........................................................................ 73 Survey Method ............................................................................................. 78 Survey Population and Sampling Design ..................................................... 79 Development of Survey Instrument .............................................................. 80 Data Collection Process ............................................................................... 81 Other Data Sources ...................................................................................... 83 Measurement in the Study ............................................................................ 84 CHAPTER FIVE DATA ANALYSIS AND RESULTS ...................................................................... 91 Sample Characteristics in the Study ............................................................. 91 Comparison Of Investigative Outcome .......................................................... 94 An Investigator Focused Comparison .......................................................... 97 vii Organization Focused Comparison ............................................................ 101 Rural/Urban Areas Focused Comparison ................................................... 115 Evaluative comparison on the Organizational Properties ........................... 118 CHAPTER SIX DISCUSSION AND CONCLUSION .................................................................. 125 Influence of Macro-System on Police Investigation in the US. and South Korea ......................................................................................................... 127 Influence of Exo-System on Police Investigation in the US. and South Korea ................................................................................................................... 144 Assessment of Police Organizational Properties in Clearing Cases in the US and South Korea ........................................................................................ 149 Summary and Conclusion .......................................................................... 158 APPENDICES .................................................................................................. 162 APPENDIX A . .................................................................................................. 163 APPENDIX B . .................................................................................................. 187 APPENDIX C . .................................................................................................. 188 APPENDIX D . .................................................................................................. 191 BIBLOGRPHY ................................................................................................... 195 Vili LIST OF TABLES Table 1. Mean Clearance Rate and Organizational Investigative Efficiency and Mean Scale Scores on Various Organizational Properties in Rural/Urban Police Agencies in the US. ......................................................................... 116 Table 2. Mean Clearance Rate and Organizational Investigative Efficiency and Mean Scale Scores on Various Organizational Properties in Rural/Urban Police Agencies in South Korea .................................................................. 116 Table 3. Chi-Square Test for Organizational Properties by Rural/Urban Areas in the US. ....................................................................................................... 117 Table 4. Chi-Square Test for Organizational Properties by Rural/Urban Areas in South Korea ................................................................................................ 118 Table 5. Regression Results of Cleared Crime against Person on Police Organizational Properties in the US. and South Korea .............................. 121 Table 6. Regression Results of Cleared Crime against Property on Police Organizational Properties in the US. and South Korea .............................. 122 Table 7. Summary of Results 1: Descriptive Comparison Between the Nations .................................................................................................................... 123 Table 8. Summary of Results 2: Comparison of Rural/Urban Areas Within the Nations: A Cross-national Perspective ........................................................ 123 Table 9. Summary Of Results 3: Evaluative Comparison Of Police Policies Between the Nations ................................................................................... 124 ix LIST OF FIGURES Figure 1. Percentage of Police Agencies in the US. and South Korea by Geographic Location ..................................................................................... 92 Figure 2. Percentage of Police Agencies in the US. and South Korea by Departmental Size ......................................................................................... 93 Figure 3. Percentage of Police Agencies in the US. and South Korea by POpulation Size in Jurisdiction ...................................................................... 94 Figure 4. Average Clearance Rates in the US and South Korea for Four Crimes ...................................................................................................................... 95 Figure 5. Organizational Investigative Efficiency in the US and South Korea for Four Crimes .................................................................................................. 96 Figure 6. Percentage of Police Agencies who Perceive Large Legal Problems in the US and South Korea by Investigation-related Activities ........................ 97 Figure 7. Percentage of Police Agencies who Always Use Education and Experience as Selection Criteria in the US. and South Korea for Investigator and Investigator’s Supervisor ........................................................................ 98 Figure 8. Percentage Of Police Agencies in the US. and South Korea by Importance of Clearance Rates as a Performance Evaluation ...................... 99 Figure 9. Percentage Of Police Agencies in the US. who are Legally Required to Audio/visually Record Interrogations and those who Rountinely do that ..... 100 Figure 10. Percentage of Police Agencies in the US. and South Korea who have Police Unions .............................................................................................. 101 Figure 11. Percentage of Police Agencies who use Case Screening Method in the US. and South Korea ........................................................................... 102 Figure 12. Percentage of Police Agencies who have Cold Case Unit, Percentage of Cold Cases which were cleared the previous year, and the Number of Assigned Investigators to Cold Case Unit in the US. and South Korea ...... 103 Figure 13. Percentage of Police Agencies in the US. and South Korea by Cold Case Unit for Crime Type ............................................................................ 104 Figure 14. Percentage Of Police Agencies in the US and South Korea who Involved Task Forces during the past 12 months ........................................ 105 Figure 15. Percentage Of Police Agencies in the US. and South Korea by Investigation Task Force Types .................................................................. 106 Figure 16. Percentage of Prosecutor's Offices who appear to have their Own Investigators and Percentage Of Police Agencies who Assign their Investigators to Prosecutor’s Office in the US. and South Korea ............... 107 Figure 17. Percentage of Police Agencies in the US. and South Korea who have Regular Relationship with and Always Consult Prosecutor's Office Prior to an Arrest by Crime Type .................................................................................. 108 Figure 18. Percentage of Police Agencies in the US. and South Korea by Type Of Relational Problems with Prosecutor's Office ......................................... 109 Figure 19. Percentage Of Police Agencies in the US. by Use of A.F.I.S. Service .................................................................................................................... 110 Figure 20. Percentage of Police Agencies in the US and South Korea by Integration Of Community Policing into Detective Work ............................... 111 xi Figure 21. Percentage of Police Agencies in the US. and South Korea who assign Investigators to the Field .................................................................. 112 Figure 22. Percentage of Police Agencies in the US. and South Korea by Perceived Problems with the Public ............................................................ 113 Figure 23. Percentage of Police Agencies in the US. and South Korea by Perceived Turn-Around Time for Crime Lab Service ................................... 114 xii CHAPTER ONE INTRODUCTION Statement of the Problem A cross-national comparison of the effectiveness Of the police investigative policies and practices requires an understanding of the macro level of these police environments, their relationships to national cultures and legal traditions, and their traditional modes of responding to crime. The differences in this regard between rural and urban communities represent an especially important controlling variable for a cross-national comparison. Even though solving crimes represent the central mission of police investigators across countries, differences of national culture and local ways of life may have a profound influence on police criminal investigation practices and policies, in turn, having a direct impact on case resolutions. As police work is embedded in and intertwined with a complex web of social systems—such as nation-states (macrosystems), local communities (exosystems), organizations (mesosystems), and an investigator (microsystems)—police investigative activities and outcomes must be understood as a form of joint production between these social systems (Bronfenbrenner, 1979; Ericson, 1981, p.5). In the US, surprisingly, only about 20% of reported part I crimes are cleared as a result Of police investigation, whereas in South Korea the figure stands at 95 %. Within the US, urban police departments have lower average crime solution rates (18.5%) than their rural counterparts (22.9%) (Weisheit, Wells, 8 Falcone, 1994). It is important to ask, therefore: What accounts, generally speaking, for police investigative this effectiveness. More importantly, we also need to consider what is the best way to measure and evaluate the criminal investigative effectiveness of police forces. Traditionally, assessment of police performance has reflected the crime- control mandate of individual police organizations. The Uniform Crime Report (UCR) in the US. and the Police White Paper in South Korea provide reported crime and clearance statistics at the individual agency level. These clearance rates are frequently used as an indicator Of police investigation effectiveness. The clearance rates in both countries are officially defined as the ratio between the number of cases cleared either by the arrest of an offender or by an exceptional clearance in a period of time and the number of crimes reported to the police. When police identify an Offender, obtain sufficient evidence to formally charge the Offender, and take him/her into custody, crimes can be cleared. Additionally, crimes can be cleared for “exceptional” reasons beyond police control that precludes the arrest of the offender (US. Department of Justice, 1999b) But police clearance statistics have significant flaws in measuring police investigative effectiveness, primarily because the rate is unnecessarily affected by its denominator. This means, firstly, that the ratio is largely influenced by the public's decision to report crimes. In fact, without a public accusation, deviant behavior results only in gossip; “enforcement occurs when someone blows the whistle” (Becker, 1963, p.122). In other words, the victim’s age, racial composition, educational attainment of victims within the community, and public confidence in the police greatly influence the number of crimes known to law enforcement, which is the denominator in clearance rates. The “subculture of violence" thesis may also explain the number of crimes constructed and reported to the police. Since different segments of society differ in the decision of crime reporting to the police, such variability in the form of denominator for computing the clearance rates serves to undermine reliability. Clearance rates may simply vary by jurisdiction not because of the variances in investigative effectiveness itself but because Of demographic factors and their interactions in a given community. That may be why Cordner’s (1989) examination of UCR clearance rates in agencies in the state of Maryland found that neither agency size nor crime workload were correlated with police investigative effectiveness, but that region and crime mix were. Similarly, this conceptual error about clearance rates may have led the Rand study to conclude that different police organizational configurations and staffing have no influence on the clearance rates; they found that only the size of department, geographic location and workload are major determinants of crime solving rates (Greenwood, Chaiken, & Petersilia, 1977). Secondly, crime recording represents an official confirmation of third party involvement in resolving conflict between two parties (Black, 1998). This means that police recording behavior is affected by social relations between the suspect and victim, the desires of the complainant, and the cultural/political environment in which the agency is embedded. The production of clearance rates, thus, becomes a composite indicator of social facts that represent the negotiation between officer, Offender, and victim, the social signals drawn from interaction among actors (Manning, 1997), or social distance between witness, perpetrator, and victim (Black, 1980). In a region where “dc-policing” is preferred by both the police and public, the number Of reported crimes to police may be much less. Police malfeasance may be another example which can affect police acceptance of reported crime. When a Chief or mayor wants to look good with some numbers, and demonstrate that police are doing something and, officers can attempt to record crimes as officially accepted ones only if the cases can be easily solved by the police. Again, the denominator of clearance rates is influenced by the interaction between police and public. Thirdly, with respect to the validity of clearance rates, inadequacy is easily noticed. For example, when ten robberies are reported this year but twelve are cleared, a police organization produces a robbery clearance rate of 120 percent. It becomes possible for the clearance rate to exceed a maximum value of 100 percent in the data, because it does not count for annual changes; some cases cleared in one year can be carried over to another year. Neglecting to consider the size of police personnel is also a threat to the validity of clearance rate. When ten robberies are reported and all are cleared by the department with five police personnel, the clearance rate is 100 percent. However, it is also possible for ten robberies to be reported and all ten to be cleared by the department with five hundred police personnel. Although the two departments have the same clearance rate, 100 percent, the effectiveness is not the same, because the number of police officers in each organization is different. Furthermore, it can not capture the patrol Officer and detective’s effectiveness separately. All these problems are primarily related to the simple fact that clearance rates are defined as the number of cases cleared in a period Of time divided by the number of crimes reported to the police. In other words, the ratio can be greatly affected by the quantity and seriousness Of crimes reported to the police. This feature unnecessarily influences the ratio without representing a meaningful police investigative productivity. Also, the clearance rates themselves do not tell anything about the extent to which police carry out their investigative activity within legal boundaries. There are alternative ways to measure police investigative effectiveness. One is to use-the number of cases cleared in a period of time, holding total number of police officers in an organization constant. This indicator may help us create a better measure of productivity of police investigation because it does account for the number of Officers in an organization. The other is to measure another side of police investigative effectiveness: the degrees to which a number Of legal issues that create problems for police investigations. It may be true that the more legal problems police organizations have as a result of conducting criminal investigations, the lower the level Of investigative effectiveness. When police organizational policies and practices pose formidable legal problems, their investigative effectiveness becomes lessened. Research Questions If these alternative ways of measurement are legitimate for police investigative effectiveness, what can account for the investigative effectiveness? Are they related to organizational characteristics including organizational policies, management strategies, relationships with other institutions, or geographic location? From a cross-national comparative perspective, do police organizational characteristics account for differences in investigative effectiveness in the US and South Korea? With respect to the variances of investigative organizational policies within a nation, is rural and urban location an important factor? Or do the police use uniform and similar methods throughout the countries? What are the differences and similarities of the police investigation process between and within the nations? Are police criminal investigation policies and practices influenced by national culture? What is the extent Of the relationship between police polices and investigative outcomes in the US and South Korea? All these theoretically important as well as practically valuable questions remain unanswered, in spite Of enormous policing related research efforts in the US. over the past three decades. Much attention has been paid only to the area of patrol/service function in urban contexts. Little is known about the police investigation process, and almost nothing is reported regarding rural police departments' criminal investigation. Moreover, no research has been conducted with the comparative perspective of not only within-national but also cross-national variations Of detective work. Thus, this study will be the first empirical research on systematic comparison of police investigation processes both within and between nations. The first goal of this study is to provide national representative descriptions Of major police investigative policies and practices in the US. and South Korea for a cross-national comparison. The second is to examine whether there are differences in police investigative processes within the US and South Korea in terms of rural/urban contexts. The third is to evaluate what police organizational characteristics and efforts do work or do not work for clearing more crimes in the American and South Korean contexts, respectively. Importance of a Comparative Study a. Understanding the need for cooperation in a global community National borders have become more fluids as a result of trade agreements and the speed and ease of modern travel and communication. The Internet is perhaps the single most important new tool to break restraints on the transit of goods, people, and information. Airplanes can cover most of the world within a day. As advantageous as these advancements may be for businesses, criminals benefit as well. The speed at which these transactions occur Often allows criminals to get away from investigators before they can Obtain arrest warrants. Terrorists also maintain their own high tech networks in numerous countries. Illegal activities may take place on a scale that is well beyond the capacity of a single agency to handle them. Transnational and international crimes occur when organized criminals are based in one country but operate in more than one country (Bossard, 1990). Cars are stolen in Western Europe, for example, and driven into Poland with the assistance Of corrupt border Officials, then trans-shipped to North Africa where faincated certificates of origin are issued for sale throughout Japan and the Mideast (Carter, 1994). Cars are also stolen in Texas, for example, and driven to Mexico where they are sold to predetermined buyers (Resendiz & Neal, 2000). In these instances, crime becomes transnational. Money laundering (McCormick & Stekloff, 2000), nuclear material smuggling (Williams & Woessner, 1996), terrorism (Kash, 1995), international art theft (Margules, 1992), trafficking in human organs (Chang, 1995) are other illustrations of global criminality. Nation- states are truly being challenged by non-state actors, and this can result in severe ruptures Of civil society (Lupsha, 1996). Cooperation among national control bodies is vital since the police of a single nation have little chance of success in controlling international criminal activity (Das & Kratcoski, 1999). As never before, law-enforcement Officers need to develop corroborative networks and be ready to operate crime control missions in almost any jurisdiction of the world (Cutler, 1999). Whether they use informal police-tO-police assistance, more formal procedures, or mutual communicative technology, law enforcement Officers must become familiar with the country’s societal values, culture, and human sentiments, which are, in fact, represented in the practices and policies of law enforcement agencies. This mutual understanding can promote better cooperation among law enforcement agencies in a global community and eventually bring trans- or international criminals to justice more effectively. Recently, the U.S.- South Korean Extradition Treaty has taken effect and the FBI has appointed a Korean-American agent as an attache at the US Embassy in Seoul to help facilitate cooperation with South Korean investigative authorities in controlling transnational or international crime. In addition, the two countries are currently negotiating the revision of SOFA (Status Of Forces Agreement) because, when American soldiers committed crimes against South Korean nationals, South Korean law enforcement was not granted criminal jurisdiction over these Americans until the time Of conviction. From the South Korean perspective, many American soldiers were treated too Ieniently or the case was not handled effectively, despite the level of seriousness surrounding the issue. Americans tend to distrust South Korean law enforcement practices and policies. Although the two sides have just reached a temporary agreement that South Korean law enforcement agencies will take custody Of US. criminal suspects at the time of indictment with the accused being assured full legal rights, they reportedly still differ concerning which types of crime would be included in this category and how to guarantee the legal rights of the accused. In short, the cross-national assessment of law enforcement agencies’ investigative practices and polices may be an important stepping-stone to putting corroborative transnational and international crime control efforts into place, as well as for reaching full agreement between the two countries. This means that identification and better understanding of the differences and similarities in police investigation process between the two nations will play a pivotal role in developing both practical and thoretical implications for the administration of criminal justice. b. Developing policy alternatives There are all sorts of variations in the way police are organized and the way in which police policy is implemented. In the absence of comparative studies, it is sometimes difficult to find alternatives for local problems. Comparative, cross-national studies can take advantage Of the vast living laboratory Of naturally occurring experiments in police policies and practices. For example, South Korean police could learn the pros and cons Of American police decentralization, case screening method, styles of management, strict application of the rule Of law, and prosecutor relationships. American police could also learn the advantages and disadvantages of close supervision Of the South Korean police, hierarchical rank structure, police box (mini-station), competition among officers, national identification system, and informal interactions with the public, and “all case resolution policy.” In short, in the absence Of cross-national approaches, pOssibiIities for the development of alternative police policies are quite limited. c. Advancement of theory Another advantage resulting from a comparative framework in police work is the yield of factors that shape policing enabling us to escalate study of police from a technical specialty into a general theoretical formulation. Police work, more specifically detective work, is generally characterized by third party conflict- resolution activity. The rate Of conflict resolution can be explained by the characteristics of the system, such as individualistic vs. collectivistic culture, heterogeneous vs. homogeneous societal structure, adversary vs. compliance traditions, and participative vs. authoritarian decision making processes. Importance of Police Investigatifl a. Essential means for goal achievement in criminal justice 10 Four goals of criminal justice are generally agreed upon. One is to inflict punishment on criminal Offenders on the grounds that they deserve the sanction or are to blame for their conduct. Next is the dissuasion of offenders and the general public from criminal behavior, by showing that the cost of committing crime is sufficiently high. Third, the imprisonment Of Offenders is seen as essential to preventing additional crime in the community. Finally, another goal Of criminal justice is to cure Offenders through treatment programs so that they can be successfully readmitted to society. These criminal justice goals are referred to as retribution, deterrence, incapacitation, and rehabilitation. However, unless police can identify and bring Offenders to justice through the criminal investigation process, none Of these criminal justice goals can be achieved. Without the apprehension of offenders, the "eye for an eye, a tooth for tooth” philosophy of retributive justice remains unfulfilled. Only a slight chance Of crime detection may not promote a significant deterrence effect either, because, overall, there is little probability of punishment. Even correctional intervention, such as in the form of rehabilitation programs, can only be available to offenders after they are identified, arrested, and brought to justice by police criminal investigation. Police criminal investigations, therefore, are fundamental for achieving the ends Of criminal justice. b. Gateway function to Criminal Justice Police investigators are largely in control of the case intake process and exert substantial control over the criminal justice system. Police investigations have a direct impact on the workload of forensic crime laboratories, for example, 11 because the police decide what and how much evidence is collected and sent to labs for analysis. It is also the police investigation that provides the bulk Of the information needed for prosecution. The quality Of detective work greatly Influences prosecutorial positions, especially plea negotiations (Horvath & Lee, 2002, unpublished raw data). Police investigation also has a profound influence on the workload and activities of the court system. Empirical research has shown that the presence Of forensic evidence collected by police investigators in court has been found to increase both the likelihood and length of incarceration (Peterson, Mihajlovic, & Gilliland, 1984; Peterson, Ryan, Houlden, & Mihajlovic, 1987). Many legal issues generated in court are raised by the investigative activities of the police. This gateway function to other component of criminal justices is one of the reasons why police criminal investigation is especially important. c. Root source of criminal justice errors The analogy of major errors in statistics can help us to understand the importance of the function of the police criminal investigation. Type I errors refer to falsely rejecting a null hypothesis that is, in fact, true, and Type II errors are defined as failing to reject a null that is, in fact, false. The former can be called ‘false positive,” the latter “false negative’. This categorization of errors into two types helps us to understand how errors are .made in the criminal justice system that result from the investigative processes of the police. Wrongful decisions are made, for example, through a suspect’s false confession induced by a police investigator, inaccurate memory 12 of witness, fraudulent forensic science, prosecutorial malpractice, or judge and juror misperception of the presentation of evidence. In fact, many cases of wrongful conviction are blamed on the shoddy or improper investigative practices of the police (Scheck, Neufeld, & Dwyer, 2001). When a person is wrongfully convicted due to incorrect investigative decisions, this represents a typical example of a Type I error. In fact, faulty eyewitness testimony often leads the police to arrest the wrong suspect. Also, when victims and witnesses are afraid of the possibility of retribution at the hands of the Offender, they may provide false names and addresses. This inaccurate and unreliable information radically attenuates the'ability of the police to make correct decisions and eventually leads to Type II errors. Type II errors are also common in the police criminal investigation process. When the criminal case does not end up with conviction despite the person’s factual guilt, it generates a Type II error. In the US, at least 50% of the serious crimes committed are never reported to the police (Cole & Smith, 1996). Citizen non-reporting blocks the police from information about the distribution Of crime, and thus individual offenders go free without intervention from the "long arm Of the law" (Skogan & Antunes, 1979), this is the primary phase where the Type II error occurs. Furthermore, only about 20% Of reported crimes are solved by the police in the US; in the remaining 80% of the cases the guilty party goes free; this means that the Type II error occurs chronically. Finally, a Type II error also occurs when prosecutors allow the Offender to go free by dropping certain 13 cases that have been processed by the police, even though, in some cases, the party is guilty. The sources of errors that jeopardize the administration of the criminal justice system are deeply rooted in the phase of police criminal investigation. Both miscarriages of justice (Type I error) and case attrition (Type II error) occur during the police investigation process. (I. Social integration function The sociological literature has posited that deviance and crime are produced by rules, societal reactions, and a transformation of self (Becker, 1963; Erikson, 1966.; Goffman, 1963), and serve a socially integrative function (Durkhiem, 1964; Erikson, 1966). In the legal system, social integration is mainly implemented through government action on the part of representative agents. It is the patrol officer and investigator who primarily applies the rules that define criminal acts, representing society’s Official response to crime. The fundamental framework Of “informational connectedness” is built into the police investigation process. When investigators decide not to conduct a follow-up investigation, or to categorize a case as “unfounded,” or to re-interpret it, or even to withhold exculpatory evidence from the defense, there is little chance for reexamination of what investigators have made of the case (Ericson, 1981). The judge commonly approves the warrants, release, and bail conditions that are requested by detectives. Police investigators enable or disable other components in the criminal justice system that serve to recognize the case and the suspect’s personal identity for purposes Of social control. 14 Police investigators construct a suspects’ crime related past by gathering information in narratives or dossiers. This documentation of suspects’ personal identities is carried out and stored in files by patrol Officers and investigators (Wheeler, 1976). In general, through this process, suspect identities, regardless whether adults or juvenile, are constructed and transformed into “spoiled identities” or “master status,” resulting in a criminal or negative self-image (Goffman, 1963). These roles and functions Of police investigation may be necessary for the successful integration Of society, including stigmatizing deviant segments of society. However, this “dramatization of evil,” Officially labeling someone as a delinquent, can influence the person tO become even more delinquent, a fully criminal person (Tannenbaum, 1938). A drastic change takes place in the suspect’s public identity. When police investigators detect the suspect’s identity and initiate a criminal investigation, the suspect’s primary deviance (Lemert, 1967) or secret deviance (Becker, 1963, p.20) become known to others, and the deviance is no longer secret. By the time the suspect is convicted, “pre-stigma acquaintances,” including relatives and Old friends, may have come to see him differently (Goffman, 1963). After incarceration, the person can have intimate contact with other inmates and they will be his or her “post-stigma acquaintances." Thus, police criminal investigation results in stigmatization of people either as delinquents or criminals. It is police investigators who are responsible for this labeling in the first place in a criminal justice system; they represent the “societal reaction” to deviance as a front-end social control agents. 15 They notice other's “secrete deviant” and transform it to the “pure deviant;" although they are sometimes guilty of false accusation (Becker, 1963, p.20). e. Exemplary area for multidisciplinary approaches in Criminal Justice Research into police criminal investigation needs to avail itself of the resources of multidisciplinary social science for the advancement Of criminal justice/criminology knowledge. Sociological thinking, for example, can be used for explaining a police criminal investigation process as a subgroup interaction that aims at constructing a suspect’s past. Participant interaction, including police, prosecutors, forensic scientists, and public, all with different backgrounds and purposes, and often different subcultures, may provide highly relevant topics for sociological research. Key concepts and research findings drawn from psychology can also serve as the primary framework for the study of microelements Of police criminal investigation processes. Some examples are psychological experiments concerning the accuracy of witness’s memories, the suspect’s false confession produced in some contexts, detective’s line-up methods, juror perceptions of forensic expert presentation of scientific evidence, and the forensic profiling of a criminals. It is obvious that a police criminal investigation is carried out on a legal basis. Court decisions influence investigative practices and admissibility of evidence is dependent upon legal criteria; legal studies, therefore, are a necessary discipline in understanding police criminal investigation processes. Of course, because police criminal investigation practice is embedded in a police organization, the discipline Of public administration and organizational 16 theory, the management of personnel, and measurement Of productivity are all indispensable for an understanding of a police criminal investigation. Also, as an arm Of government, local as well as national, political ideology and democratic values may influence police practices and policies in solving crimes within given political contexts; accordingly, political science can also make profound contributions to our interdisciplinary knowledge regarding the nature of a police criminal investigation. The principles of natural science (biology, chemistry, pathology, medicine, etc) are also used as tools of the investigative process. Forensic science is an especially impOrtant field for the advancement of police investigation. Finally, mass media study focusing on popular culture, such as detective movies and prime time cop shows on TV, and on news content, serve to inform how the media construct accounts Of police criminal investigation processes. The study of media’s role may help to pinpoint and highlight differences between theoretical or virtual detective work on the one hand, and actual detective work on the other, providing a more accurate picture of the crime solving process. Thus, a study of police criminal investigation processes is one of the most critical fields in criminal justice, especially through the vibrant interplay Of multidisciplinary approaches. Current Status of Cross-National Police Investigation Research In spite of the above importance and the facts that many themes worthy of research could have been catalogued and studied by social scientists, the topic of police investigations seems to have been neglected by researchers. Prior to the 19703, virtually no research had been carried out in this regard. Much Of what 17 we know about the police criminal investigation process comes from a Rand Report (Greenwood, Chaiken, 8 Petersilia, 1977) and several field studies completed during the 19703 and early 1980s (Sanders, 1977; Ericson, 1981). Until the recent national study Of police policies and practices regarding criminal investigation, carried out by Horvath & Meesig (2001 ), assisted by the author, the scope and amount Of research on investigation was limited and slim indeed, especially when one takes into consideration the related studies on patrol/service functions. Since little scientific attention has been paid to the area of police criminal investigation, unfortunately, we know very little about how police manage their criminal investigations, or understand what type Of investigative policies and practices really work and what do not for solving more crimes. When one examines the published articles in the major policing, criminal justice, and criminology journals, less than 2% of research articles are devoted to the issue of police investigation (Horvath, Lee, 8 Meesig, 2001, unpublished raw data). Almost no research attention has been paid to an empirical study of cross- national comparisons of police investigation, although international and transnational law enforcement cooperation is in great demand. Clearly, findings from the US may not be generalizable to the contexts Of other nations. Knowing how police in other nations handle crime-solving mandates can not only assist in developing criminal justice policy alternatives but can also make contributions to theoretical advancement. But, unfortunately, cross-national comparative research interests are undeveloped and there have been little progress in comparative criminal justice courses over the past few decades (Cordner, Dammer, 8 18 Horvath, 2001). Even in international comparative journals, whose scope is mainly in comparative criminal justice issues, less than 10 % of the total articles focused on comparative theoretical analysis explicitly using two or more countries (Evans, Lagrange, & Willis, 1996). A Brief Overview of the South Korean Police and Criminal Justice System Since very little documentation about South Korean police and criminal justice system has been made in English, and investigative work Of police department is closely connected to all other issues related to policing, this subsection is devoted to providing a brief overview of the South Korean society and the most. current information about its criminal justice agencies. The information in this subsection is drawn from a variety of sources, such as agencies’ Internet web pages, government documents, public information, and personal Observation of South Korean police. South Korea, officially known as the Republic of Korea, is located in northeastern Asia. It is bordered on the south by the Korean Straight, separating it from Japan, on the north by North Korea, on the east by the East Sea, and on the west by the Yellow Sea. The total land area of the Korean Peninsula is 220,847 square kilometers; approximately 98,477 square kilometers constitute the territory of South Korea. Koreans are a homogeneous people who have their own language, the alphabet for which was invented by King Sejong in the 15th century. The total population of South Korea is 47.9 million as of 2001. Forty nine percent of the South Korean people are Christian, 47 % are Buddhist, 3 % are Confucianist, and 1 % have other beliefs. The GDP per capita is 16,100 dollars, 19 and major economic industries are electronics, automobile production, chemicals, shipbuilding, steel, and textiles. South Korea has a tripartite system Of government consisting of the executive branch, legislature, and judiciary. The presidential candidate winning a simple majority is elected and serves a single five-year term. The members Of parliament are elected for four-year terms. Of the 273 seats, 227 are the result of general elections and 46 are appointed by political parties. The Judiciary consists of three levels of courts: the Supreme Court, High Courts, and District Courts. There are also special courts such as Patent Court, Family Court, and Administrative Court. In general, the South Korean legal system contains elements of Common Law traditions and includes both inquisitorial and adversarial aspects Of the administration of criminal justice. Explicitly written legal codes are the primary sources of reference for criminal procedures. However, legal culture in South Korea often takes on a traditional nature by resolving conflicts informally through coordination or conciliation. The public prosecutor’s office is attached to the Ministry of Justice, which is one of the 22 Ministries in the Executive branch. It consists Of the Supreme Public Prosecutor's Office, five High Public Prosecutor’s Offices, twelve District Public Prosecutor’s Offices and their branches. The two-year term of the Prosecutor General, who is the head of the Supreme Public Prosecutor’s Office, is guaranteed by law. However, many scandals in recent years have tainted the prosecutors’ Office, who has received the blame for political bias in handling several cases in which politicians were involved. The total number Of prosecutors is about 1,190 as of 2000. The 20 Corrections Bureau, under the Ministry of Justice, has 12,300 staff members at 43 correctional facilities. The total number Of inmates is 61,457, that is, 130 per 100,000 members of the population. The age of criminal responsibility is 14. For those under age 18, capital punishment and life imprisonment are not allowed. Although capital punishment can be imposed for 16 types of crimes, those on death row are typically murderers. The method of execution is hanging. The rate for murder, robbery, rape, and theft in 2000 was 2.0, 11.4, 14.3, and 362.2 per 100,000, respectively. The South Korean police system consists of one National Police Force, which is organized within a national headquarters, 14 provincial police headquarters, and police supporting institutions including the National Police College, the Police Training Academy, the Central Police Training School, and the National Police Hospital. Each provincial police headquarters is composed Of several bureaus such as administration 8 planning, crime prevention, criminal investigation, public security 8 traffic, intelligence, and national security, and responsible for the command of police stations in that provincial jurisdiction. Also, each police station is composed of several units comparable to the above bureaus, and an average Of 15 police branch offices (boxes), which are first-line organizations for patrolling and crime prevention activity in a community. The total number Of police stations and police boxes are 230 and 2,912, respectively. As Of 2001, the strength Of the South Korean Police Force was 146,711; 90,669 are police Officers, 50,609 are auxiliary riot control personnel who substitute police service for military duty, and 5,433 are civilian employees. Of the police 21 officers, about 43 % are assigned to the police boxes. Female officers make up only 2.0 % of South Korean Officers. The head of the National Police Force is the Commissioner General, who is appointed by the President Of South Korea. The bottom police rank is that of patrol Officer; they are selected on the basis Of a civil service exam. Some police personnel who graduate from the National Police College or Police Training Academy begin their career at the rank of Inspector. The 11 rank structure from the bottom to the top in the South Korean Police Force is as follows; Patrol Officer, Senior Patrol Officer, Assistant Inspector, Inspector, Senior Inspector, Superintendent, Senior Superintendent, Superintendent. General, Senior Superintendent General, Chief Superintendent General, and Commissioner General. In principle, the head Of a provincial police headquarters, police station, and police box, is a Senior Superintendent General, Senior Superintendent, and Inspector, respectively. Those with the rank Of Inspector and above are considered to be executive officers; they comprise only about 13.5% of the Officer corp. They have extensive administrative power in decision-making concerning police practices. Several civil service exams are used for the selection process for advancing in rank from patrol Officer up to inspector. Someone who has passed the bar exam or high-ranking civil service exam can be appointed at the rank of superintendent. After a certain number of required years Of service at each rank, Officers are eligible for promotions through either a promotion exam or supervisors’ rating and recommendations. With respect to the role of the police, the Performance of Police Functions Act, which was enacted in 1953, describes what South Korean police officially 22 do. The five major functions are to: 1) prevent and investigate crimes; 2) provide guard service for high government officials and counteract espionage activity; 3) collect, process, and provide information regarding public safety and security; 4) control traffic; and 5) maintain public peace and order. The act also regulates police use Of force including weapons, tear gas, and equipment. In general, police use of firearms is minimally allowed even when it is necessary, and it should not be overused. According to the act, it can be justified when it is the only means to apprehend a criminal or stop an escape, using officers’ reasonable judgement Of the situation. About 300 cases of police use of firearms are reported annually. Since gun ownership in South Korea is not generally permitted for the public, and even when permitted its usage is closely regulated by the police, very few gun- related crimes occur. Most gunshot wounds are accidents rather than crime related. Over the past two years, South Korean police have tried to reform their organization under the motto of self-regulation, creativity, and responsibility. In fact, the major problems that the South Korean police have suffered are characterized by the low economic status of Officers, authoritative organizational culture, the oppressive image of police corruption, and poor public relations (Korean National Police Agency, 2000). The primary goals of police reform have been not only to provide officers with job satisfaction but also produce custom- oriented, high quality service for citizen satisfaction. The major examples of reform efforts have been: 1) the establishment of 3 shifts a day for patrol Officers, 2) securing salary increases, 3) eliminating former internal affairs offices’ 23 investigative documents so as to boost morale, 4) controlling demonstrations or riots without the use of tear gas, 5) changing from regulation-oriented to guidance-oriented traffic control, 6) the campaign Of being kind, using friendly looking police symbols, and 7) a variety of police-community public meetings. For those who wish to file complaints concerning police practice, including case dispositions, each provincial headquarters and police station has Opened a separate unit to review the reported complaint and take necessary action within 24 hours. The public can make a complaint through e-mail, fax, phone, mail or visit to the unit. The head of the unit is usually a superintendent whose ethical reputation is cOnsidered to be the highest in the organization. The amount of time and form Of training varies depending on the nature Of the police education program. In general, candidates for police executive positions or executive officers are educated in the National Police College, and candidates for non-executive positions are trained in the Central Training School. The Police Training Academy educates both executive and non-executive groups of candidates and Officers. Before and after promotion, Officers are required to undergo classroom training. The National Police College provides four years of an undergraduate program for high school graduates who pass the college entrance exam and will become candidates for Inspector positions upon graduation from college. The College also educates officers at the rank of senior inspector, superintendent, and senior superintendent. The Police Training Academy educates the candidate for one year for an Inspector position. Most of them already have undergraduate degrees from other universities. 24 For the rank-and-flle Officers, the Police Training Academy has various training courses such as traffic control practice, crime prevention, intelligence practice, computer crime, international crime investigation, and riot control. The Central Training Police School trains new police cadets for the rank of patrol Officer and auxiliary riot control personnel for six months. Annually, about 10 Officers are selected for 2-year Master’s program in foreign universities and 6- month training programs in foreign training institutions for Officers. Empirical research on policing and police organizations is somewhat rare in South Korea. It may be explained by the fact that, until 1997, there was only one university-which had an undergraduate program of police administration (DongGuk University), except for the National Police College. Furthermore, the demand for research on police work was weak among not only police practitioners but also the scholars. Although approximately 70 universities have Opened the undergraduate program of policing over the past several years, most of them are teaching-oriented institutions concentrated on helping students to pass the civil exams for being an officer. Moreover, the majority of faculties are not familiar with social science research methods. The published policing related articles, which are found in their university’s annual collection of theses, do not usually contain methodology, data analysis, and research findings. Instead, their approach is often suggestive argument based upon only anecdotal information. Thus, despite the current need for the use of research-based knowledge regarding policing and police organization in South Korean, it is not easy to locate researchers who have conducted empirical studies of police work. 25 CHAPTER TWO LITERATURE REVIEW In spite Of the importance of police criminal investigations as described in the previous chapter, little scientific attention has been paid to the area of police criminal investigative processes; thus, we do not know much about how police manage their criminal investigations, nor do we understand what type of investigative policies and practices really work to enhance police investigative effectiveness, and what do not. With respect to police criminal investigation effectiveness, two competing schemes of underlying values in the processing of criminal cases need to be taken into consideration: “crime control” and “due process.” As Herbert Packer (1968) proposed, the “due process” model insists on the prevention and elimination of mistakes to the extent possible, while the “crime control” model, accepts error rates and put an emphasis on the goal of repressing crime because they believe that too many guilty people are escaping. These competing values in the models implies that the administration of justice often struggles to strike a balance between meeting the needs of society at the same time that individual rights are protected. This means that an increase in system efficiency does not necessarily invite legal sufficiency, but police policies that have some oppressive mode may be effective at solving crimes. In this chapter, after police criminal investigation is defined, literatures concerning major polices and practices in the police criminal investigation process will be reviewed. An attempt to typify those policies will be made working with the categories of enforcement vs. libertarian oriented policing insofar as they 26 are effective in solving crimes. Possible explanations of why some investigative practices and policies are more or less effective than others will be also provided. Conceptualization of Police Criminal Investigation Police criminal investigation is a process which can be broadly defined as the information gathering efforts by law enforcement to construct a suspect’s crime related past, using the intelligence produced by many participants in the criminal justice system (Meesig, Lee, 8 Horvath, in press). Major participants in the field of crime investigations are victims, suspects, witnesses, patrol officers, informants, detectives, supervisors, forensic scientists, prosecutors, and crime reporters. Their interactions and relationships make up the police criminal investigation process. The police play an especially key role in the collection and use of information to solve crimes, although crimes are difficult to solve unless the victims can supply adequate information to an officer who responds immediately (Greenwood, Chaiken, 8 Petersilia, 1977). A police criminal investigation usually begins with the public’s decision to report a crime to the police; it is then subject to a prosecutor’s legal evaluation, and eventually culminates in the court’s judgement. Through the interaction between police and other participants in this process, “crime” information is produced, processed, stored, and later retrieved, in the process of determining the “truth.” Since the criminal investigation process has the competing goals of “crime control” and “due process” (Packer, 1968), it Often struggles to strike a balance between protecting society, on the one hand, and individual rights on the other. Under the Anglo-American legal system, it is often seen as necessary to 27 let a party that is presumed guilty go free rather than deprive that person’s liberty. By contrast, nations with an inquisitorial legal system will tend to attach greater importance to a determination of factual rather than legal guilt. Except for proactive investigation such as undercover work (Marx, 1988), it is the crime-reporting behavior of the public that usually opens the door to a police criminal investigation. Many crimes go largely unnoticed without the decision by the public to report the crime and by the police to record it. According to the National Crime Victimization Survey, in the US, only 36 % of all the crimes are reported and the figure is even lower for South Korea. This is a product Of different social contexts. In South Korea, people tend to prefer to resolve conflicts informally and the police often fail to Officially record all reported crimes. Public crime-reporting behavior and police crime recording practices may also vary between rural and urban areas within both nations. After both public and police determine to handle the criminal incident Officially through reporting and recording, a considerable number of cases may not be investigated when police organization uses formal case screening methods, which put aside unsolvable cases, taking into account availability of suspect’s name, witnesses, and evidence. Even when police decide to conduct a follow-up investigation, their scope and motivation of investigation may vary by cases’ social status. The cases which receive more media attention may be more likely to make detective efforts available to them. The effort that police, forensic scientists, and prosecutors, put into generating evidence by investigation is not constant across cases (Sanders, 1977; Black, 1980). The police Often treat some 28 cases as "big" and investigate them in considerable detail (Ericson, 1981 ). Those cases often involve a media celebrity, high profile person, or political leader in a community. When socially respectable people of high economic status are victimized, detectives are more likely to "seek physical evidence such as fingerprints, tire tracks, and hair samples at the scene of the crime, interview large numbers Of potential witnesses and informants, and conduct extensive interrogations, polygraph ("lie detector") test" (Black 1980). For ordinary cases are against ordinary citizens, less dramatic investigative efforts may be allotted (Cooney, 1994). To make detective efforts more effective both from a legal point of view and in terms of quantity of cases resolved, police organizations employ a variety of policies and practices. Police may improve their performance, for example, through effective selection criteria and processes when choosing officers who become investigators (Cohen 8 Chaiken, 1987). Investigator training, case management by immediate supervisors, recording of interrogation of suspects, team policing, and the use of task forces, may also have a great impact on the level Of success of police criminal investigations. Although some research in the 19705 concluded that differences in training, staffing, and workloads in police organization have little effect on crime, arrest, or clearance rates (Greenwood, Chaiken, 8 Petersilia, 1977), recent improvement of police education, management strategy, and physical evidence processing capabilities may lead to an improvement in the overall effectiveness of police investigations. 29 One important characteristic of police criminal investigation is the police organization’s relational nature with other organizations such as prosecutor’s Office and crime lab. In processing criminal cases, a police investigator frequently interacts with prosecutor. The quality Of police work determines, to a considerable extent, what the prosecutors are able to do with those whom the police arrest since police investigative activities provide the bulk of information used for prosecution. Cases investigated by the police are often dropped by the prosecutor’s office when witnesses are classified as uncooperative or evidence is deemed insufficient. Since the immediate goals and tasks of the police and prosecutor offices are quite different, they may view the process of filing charges quite differently. The police criteria of "probable cause," for example, may be seen as insufficient for the prosecutor, who applies criteria based on the concept of guilt beyond a reasonable doubt. Consequently, it is not surprising that a prosecutor's review of police reports tends to weed out weak cases. With respect to interaction between the police and their crime labs, unfortunately, there is often a lack of communication and collaboration in the processing of physical evidence. Although forensic science technology has made great advances over the past few decades, putting this technology to work is still the responsibility of police investigators. Because police themselves ”not only determine what evidence the scientist examines, but also limit the types Of analyses that may be performed on the evidence and the types of questions to which the scientist may seek answers“ (Peterson, Mihajlovic, 8 Gilliland, 1986), the forensic scientist’s role in processing evidence is limited. However, the value 30 of physical evidence rests on the detective's or forensic scientist’s ability to "interpret" it. This means that physical evidence must be connected to a criminal act by interpreting it within the context of the crime (Horvath 8 Meesig, 1996). This linkage between a piece of physical evidence and a criminal act needs to be co-determined by both police investigators and forensic scientists. In short, police criminal investigations are information processing activities that transpire through interaction between police and other related participants in the administration of justice that are designed to determine the legal truth involved in each case. In this process, some policies are designed to solve more crimes, others to serve other police functions. Organizational Properties for Police Criminal lnvesfiqations In police criminal investigation process, an emphasis of some policies may serve to enhance investigative efficiency, other policies may be directed towards other policing goals, such as protection of individual rights or community satisfaction. According to Wilson (1968), the inter-organizational variations of arrest rates for larceny, juvenile, public intoxication, disorder, and assault are related to police department styles such as legalistic, watchman, and service styles. He also posited that the legalistic police organizations are generally characterized by strict and aggressive law enforcement, a number of special squads, high degrees of bureaucratization, and further detachment from the communities in which they Operate. In contrast, watchman and service style police departments have fewer specialized units, informal interventions through conciliation, fewer incentives to 31 reward officer performance, small agency size, and are more dependent on the communities they serve. In short, the “legalistic style“ of policing is characterized by a stricter adherence to criminal law, while the “service/watchman styles” Of policing trumpet a less confrontational philosophy. Because the nature of police investigation is to enforce the criminal law by identifying and arresting offenders with some level of restraint Of public, the “liberal policing oriented properties,” which are, in fact, designed to control those police activities, may not be effective in solving crimes. Rather, the “liberal policing oriented properties” may be counterproductive to clearing more cases. And enforcement-oriented characteristics, on the other hand, may be advantageous to organizational productivity of criminal investigation. Contrary to the research conclusions of the Rand study (Greenwood et al., 1977), this study seeks to demonstrate the way in which organizational properties do have an effect on the level of effectiveness of police criminal investigations. Interestingly, the Rand study reported that police organizational policies and practices do not have a significant effect on investigative outcomes (Greenwood, Chaiken 8 Petersilia, 1977). This observation is, however, contrary to the bulk of other research concerned with police organizations that does indicate that the characteristics of police organizations play important roles in shaping department output and performance. Many studies have shown that police functions are greatly influenced by organizational characteristics, including processes, policies, design, management, subculture, agency size, legal constraints, relationship with the public, and jurisdictional location (Skolnick, 32 1994; Herbert, 1998; Ostrom, Parks, 8 Whitaker, 1978; Sherman, 1980; Eck, 1983 ; Maguire, Kuhns, Uchida, 8 Cox, 1997; Weisheit 8 Donnermeyer, 2000). Also, ethnographic studies of detective work in Canada and Japan have observed that police investigations are greatly influenced by the organization of their working environment. Ericson (1981) described detective work in Canada as the routine gathering and the manipulation of information, people, and rules in order to produce desired outcomes. He stressed that, in order to understand police criminal investigations, an analysis of organization is necessary because detectives use organizational “recipes” or rules, which makes their work more or less predictable. In Japan, Miyazawa (1992) reported that detectives are greatly preoccupied with case clearance statistics, and that there is a considerable amount Of competition between them to solve crimes. He explained that the internal reward system of the Japanese police organizations encourages internal pressure for higher productivity. In short, most of the literature on policing is in agreement that organization of police departments plays a critical role in their activities and outputs, and that organizational policies are developed in accordance with a department’s adaptation to a given environment. Some police organizations may emphasize the importance of patrol/service functions, while others tend to more firmly embrace principles/goals of efficiency of the law enforcement function. In this study, Wilson’s typology of a police organization serves as a basic framework for an assessment of police investigative effectiveness. The relationship of police organizations with other criminal justice agencies is included in the concept of 33 “enforcement-oriented properties” and/or “liberal policing oriented properties,” because criminal investigations Often require interaction and cooperation among many criminal justice organizations. Thus, these conceptual ideas can be used to explain police departments’ criminal investigative effectiveness in the US. and South Korea. Enforcement Oriented Properties 3. Clearance rates as a performance indicator Clearance rates are defined as the number of cases resolved by the arrest of an Offender or by an exceptional resolution in a period Of time divided by the number of crimes reported to the police. When police departments place a high value on Clearance rates, with an internal control system that rewards Officers who distinguish themselves in their investigative practice and performance, this tends to lead to a higher percentage of crimes being solved (Miyazawa, 1992; Simon, 1991). In South Korea, clearance rates are used to monitor the performance of detectives, as in Japan (Miyazawa, 1992). Sanders (1977) and Simon (1991) have observed that there is also pressure on and competition among individual American investigators and investigative units to improve their record at solving crimes. As Black (1970) has argued, “rates” are “social facts” like other social statistics. This implies that a department’s emphasis on clearance rates may represent the level of its determination to solve crimes. As Miyazawa (1992) found with respect to Japan, pressure from supervisors and the organization in general heightens investigators” motivation to improve clearance statistics, even employing somewhat more aggressive tactics towards that end. 34 Although this standard of efficiency tends to undermine the due process of law and sometimes basic standards of justice (Skolnick, 1994), it may have a positive influence on the number Of crimes that are solved. b. Cold case unit It is true that the first 48 to 72 hours are critical to solving a serious crime (Eck, 1983; Keppel 8 Weis, 1994). If criminal cases are not solved within 48 hours, the chance of being solved drop greatly (Eck, 1992). However, by establishing a squad to work exclusively on unsolved cases, police agencies may be able to identify new leads and additional witness. Since the unit usually is composed Of veteran detectives in a police organization (Regini, 1997) and reactivates Old investigation with modern forensic capabilities, it may contribute to overall organizational productivity of criminal investigation. Especially when a unit of investigators is concentrated only on unsolved cases, effectiveness Of the unit may increase. 0. Detachment from the public The more police perceive that they have problems in their relationship with the public, such as public mistrust and problems with the media, the greater the social distance between police and public. The consequences of this police isolation or cynical sentiments may not necessarily have a negative influence on, at least, police criminal investigative productivity. Manning (1997, p.113) points out that: “If police action is thought to require the occasional or regular harassment and surveillance of some groups, maintaining distance from these segments of society should be of assistance when police are required to act 35 against them.” Radelet 8 Carter (1994, p.189) have argued that a certain degree Of cynicism is desirable for police Officers because they need to question suspicious actions and not be gullible. In fact, in order to achieve higher productivity at solving crimes, greater amounts of investigative citizen/police encounters are necessary, encounters that Often involve arrest-oriented dispositions and action. Thus, a certain level of distance between police and the public may result in higher levels of organizational productivity of criminal investigation. According to Wilson (1968), police departments that adhere to a legalistic style characterized by strict and aggressive law enforcement, are relatively independent from the community in which they operate. When such organizational properties in a police department are dominant, it may result in employing somewhat aggressive “normative orders" (Herbert, 1998). d. Case screening method Police departments that use the case screening method defend its implementation as an efficient use of detective resources in accordance with the mission of law enforcement, and believe that it can be helpful for making police investigations more productive. The formalized case screening method is a technique which uses different case factors and criteria related to case solvability to determine whether a case should be pursued or screened out (Eck, 1979). Although case screening may be common among American police departments, the South Korean police have a “all crime solving policy,” and the police are not allowed to screen out any cases. 36 One of the rationales behind the method in the US. is that, unless witnesses, physical evidence, or other elements that are generally needed to help solve a case, the chances of solving the crime are very low; thus, it is much wiser not to pursue the investigation, thereby wasting precious investigative resources. American police authorities tend to hold the view that attempting to please every citizen will have a negative impact on investigative efforts overall, which could instead be focused on the clearing of cases where crimes are clearly solvable. According to Eck (1983), the “Whodunit” case lacking solvability factors can not be eaSily cleared with reasonable detective efforts. However, Bizzack (1991) contended that when a large number of cases referred to investigators are not actively followed up, and are screened out from any further investigation, some citizens may be disappointed because nothing was done on their case. The focus of this policy is geared toward the law enforcement purpose only concentrating on the efficiency of detective efforts. Although this method may raise questions of fairness in solving crimes, when many cases reported and recorded are completely excluded from investigation and end up with nothing, it may be effective, at least, in solving a greater number Of crimes. e. Ownership of A.F.I.S. Ericson 8 Haggerty (1997) have defined modern police functions as the collection, analysis and processing of crime-related information. With respect to collecting and processing physical evidence, the Rand study (1977) recommended that the allocation of greater resources to the processing 37 capabilities of the department can result in more identifications of criminal Offenders. This suggestion was based on the observation that the vast majority Of fingerprints taken were simply stored and never used, as a result of under- developed technology. Although a “cold search,” the laborious process of manually matching prints to those on finger print cards, has long been a common method in small department; it is nearly impossible in large departments with large collections Of fingerprints. Over the past three decades, however, great advances have been made in the areas of forensic science, communications, and technology, which help the police to Operate more effectively. When crime related information is made available to police investigators in a computerized and easily accessible manner, the value of the information collected by various individual elements in a police agency may be greatly enhanced. The A.F.I.S. is of great help in identifying criminal offenders and solving crimes since it is capable Of automatically looking for matches between latent and actual prints. f. Team policing approach Block 8 Bell (1976) refer to team policing as “decentralized investigative work.” This entails detectives being assigned at the neighborhood level, forming area teams that take responsibility for investigative and patrol duties around the clock. There is a fairly clear division Of work between patrol Officers and investigators in South Korea; nevertheless, some departments assign investigators to area locations, and, thus, they interact and share information about the area with patrol officers. South Korean detectives Often use the phone 38 and fax machines, and obtain crime-related information from patrol officers in police boxes which cover their assigned areas. This type of police organization is very similar to liberal policing programs such as community policing, in the sense that both focuses on decentralizing organizational structures based on the neighborhood level. According to Sherman, Milton, 8 Kelly (1973) and Walker (1993), team policing seeks to improve crime fighting through more effective police organization and a better relationship with the neighborhood. Walker (1993) stresses the importance of the fact that team policing represents a means to an end for improving criminal law enforcement by. facilitating and enhancing the flow of valuable information into a department. If team policing does indeed represent a “crime attack model,” rather than a “community service model,” it may be effective in solving more crimes. g. Task forces with other agencies The underlying premise of a task force is that increasing a department’s relational properties through cross-jurisdictional communication and cooperation may increase investigative productivity. While illegal drug trafficking is the most frequent target in the US, task forces are also used to handle other types Of crime problems. Especially when the efforts of single departments are quite limited, the use of investigative task forces involving more than one agency is seen as highly effective at solving crimes. Well coordinated cooperation between law enforcement agencies is Often able to overcome jurisdictional limitations, result in greater efficiency. Smith, Novak, Frank, 8 Travis III (2000), for example, 39 found that the membership in a drug task force was effective in enhancing enforcement productivity. In South Korea, law enforcement agencies are nationally organized and under central control. This uniform and strict chain of command may make it easier to coordinate investigative operations. Yet, even though there is high centralization, there is still high level Of competition between individual departments and amongst individual officers that hinders effective cooperation, because they have interests in promoting themselves to gain promotion. This is common in Asian countries such as in Japan (Miyazawa, 1992). The excessive competition can sometimes turn out to be a major factor resulting in the failure to catch criminals in South Korea. h. Crime laboratory service Crime laboratories in general assist and support criminal investigation by applying scientific principles to the area of legal process and search for the truth (Peterson, Mihajlovic, 8 Bedrosian, 1985). When law enforcement can collaborate with forensic science, the administration of justice is able to complete the quest for accuracy and fairness. To the police, crime laboratory’s forensic services are supportive tools to establish the case, and prosecutors also need them to present in court (Peterson, Mihajlovic, 8 Gilliland, 1984). With respect to laboratory caseloads in the US, Peterson (1985) found that drug and fingerprints made up 60-80% (Peterson et al., 1985). Horvath 8 Meesig (1996) reported that “physical evidence is not collected in most cases investigated by the police; when it is collected, much of it is not scientifically 4O analyzed; and when it is analyzed, it is used not to promote investigative efficiency, but rather to bolster prosecutorial proceedings”. The weight of importance of forensic evidence may vary according to the stage of investigation. This may be due to the fact that most crimes are solved through testimonial evidence such as confession and eyewitnesses’ accounts. Thus, crime lab service may not have much influence on police investigative productivity, as to the degree that people assume (Horvath 8 Meesig, 1996). l__iberal Policing Oriented Properties 3. Community policing Over the past two decades, community policing has emerged as the dominant strategy of American policing. Although scholars have yet to agree on a singular definition, Mastrofski, Worden, 8 Snipes (1995) summarized community policing according to three basic elements. The first is the “broken window” approach, as developed by Wilson 8 Kelling (1982). Here, the focus is on a reduction of disorder and the reinforcement of the community’s own informal control mechanisms (Wilson 8 Kelling, 1982). The second aspect is to build a community approach that is oriented towards preventive police activity and victim assistance efforts (Trojanowicz 8 Bucqueroux, 1994). The third aspect involves Goldstein’s problem oriented approach, according to which the primary function of the police is to find solutions to community problems (Goldstein, 1979). The common ground with these approaches is that handling disorder becomes the central police mandate. In other words, police are expected to look further than the immediate reasons for crime and identify the underlying causes 41 of community problems that result in crime (Goldstein, 1979). This community policing movement can be integrated into investigation by prioritizing cases based on local area problems or by working with citizens on community outreach. As emphasized by Walker (1993), however, the objectives of community policing “explicitly reject the crime attack model” and this non-law-enforcement function may very well not have a direct, positive influence on organizational productivity of criminal investigation. b. Recording of police-suspect interrogation Bedau 8 Radelet (1987) found that false confessions lead to wrongful convictions primarily by police misconduct. Leo 8 Ofshe (1998) also identified that the wrongful arrest, prosecution, conviction, and incarceration of the innocent is initially led by police-induced false confessions. To prevent deprivation of the innocents’ liberty from miscarriages of justice, Leo 8 Ofshe (1998) proposed that police should be required to video- or audio- record the entire police interrogation. According to them, the existence of records of the custodial interrogations can create an object record of process so that police, prosecutors, defense lawyer, judges, and juries can review at any time. Although the use Of videotaping in criminal interrogations was not empirically examined, the Police Executive Research Forum’s preliminary report (Geller, 1993) noted that police believe that videotaping has contributed to improvements in interrogation, primarily because of better preparation by investigators who are aware that their interrogation technique will be viewed by not only their supervisors but also those outside the police, and, thus, fewer allegations of 42 coercion are made by defense attorney. However, the report also indicated that some agencies worried that taping would discourage certain effective interrogation tactics. Thus, the requirement Of recording interrogations may inhibit high organizational productivity Of criminal investigation. c. Collective bargaining unit for investigators American labor law and American practices of police management make unions essential to police organizations in the US (Kleismet, 1989). Although unionism has decreased in the private sector, it is increasing in the public sector in the US. (Freeman, 1986). According to a LEMAS survey, about three-fourths of municipal police departments and half Of all sheriffs’ departments are unionized. Carter 8 Sapp (1992) reported that negotiations between law enforcement management and labor have counterbalanced each other over the past decade and have approached a level of homeostasis (Carter 8 Sapp, 1992). Since important police organizational issues concerning wages, working hours, grievance procedures, and other conditions of employment are subject to collective bargaining, the presence of a union may exert an enormous influence on police organizational culture and policing services. Walker (1999) noted that police unions have improved officers' salaries and benefits and diminished the power of police chiefs, but unions have often Opposed organizational changes that would result in better public relations and hindered the implementation Of community policing programs. According to case studies by Magenau 8 Hunt (1989), police unions have attempted to secure greater authority through the authorization to carry weapons and the use of deadly force for rank and file 43 police Officers. With respect to the relationship between police unionization and productivity, Feuille, Hendricks, 8 Delaney (1983) found that police unionization was positively linked to decreasing crime rates but had no relationship to clearance rates. If the presence of a police union increases the political power of rank and file officers, who are given greater powers, then organizational productivity of criminal investigation would likely decrease, as a result of loose supervision Of investigators. (1. Education requirements as investigator selection criteria Whether or not college-educated police officers perform better than those without a college degree has been a long-standing debate in the study Of law enforcement agencies (Carter, Sapp, 8 Stephens, 1989; Buerger, 1998). In 1967, the President's Commission on Law Enforcement and Administration of Justice recommended that police officers earn college credits: “The idea that police officers should be college educated has become a cornerstone of the movement to professionalize the police since first suggested by August Vollmer" (Sherman, 1978). Carter et al. (1989) stated that the benefit of a college education is to provide officers with the ability to handle ambiguous situations with greater creativity. Shernock (1992) found that college-educated Officers tend to be less authoritative and less cynical. The question here, however, is to what extent college education can contribute to Officers’ abilities to solve crimes. Because they may be relatively more oriented towards the police service style philosophy than more oppressive forms of law enforcement, a higher level of education may actually decrease organizational productivity of criminal investigation. e. Prosecutor relationship Greenberg 8 Wasserman (1979) and Regan, Nalley, 8 White (1979)) have indicated that many police agencies and prosecutor’s offices find it difficult to work together on a long-term basis in prosecuting crimes, because each has different professional perspectives concerning criminal investigations. Police use the “probable cause” principle for investigative criterion, whereas prosecutors use the concept of “beyond a reasonable doubt” for evaluating investigative activity. How frequently and closely they work together may affect the ability of police to solve crimes, because one of the roles Of prosecutors is that of an “overseer of the police,” prOSecutors’ priorities may reinforce their relationship with the police for better or for worse. The Rand study reported that key evidentiary facts, which enable the prosecutor to Obtain a conviction, are not consistently and thoroughly documented by many police investigators. The police failure to thoroughly document cases Often results in a higher case dismissal rate and a weaker plea bargaining position for prosecutors in the US. (Greenwood 8 Petersilia, 1975, pp. vii, ix). TO address this problem and exert greater control over police investigations, the Rand study suggested that agencies “place post-arrest (i.e., suspects in custody) investigations under the authority of the prosecutor" (Greenwood 8 Petersilia, 1975, p. xii). Interestingly, South Korean police investigations are always conducted under the supervision of the prosecutor, as the Rand study (Greenwood 8 Petersilia, 1975) recommended. 45 The South Korean prosecutor has legal and formal responsibility for criminal investigation from initiation to Official closure of a case, and the police are seen as a subordinate agency that assists the prosecutor. South Korean prosecutors Often become highly concerned over police misconduct, especially when this may make it difficult tO successfully prosecute a case, as a result of a failure of the police adequately to protect a suspect’s legal rights, or the lack Of awareness on the part of police of how to apply the principles Of criminal law, especially when prosecutors do not play an active role in supervising police investigations. However, South Korean police investigators of today do not want tO feel inferior to and controlled by prosecutors; the police think that they are sufficiently well trained and that there is no reason why their investigations should be supervised by prosecutors. 46 CHAPTER THREE CONCEPTUAL FRAMEWORK FOR COMPARISON In order to understand the similarities and differences between the US. and South Korea with respect to police criminal investigations a systematic, conceptual framework is necessary. Unfortunately, however, there is little that could appropriately be referred to as theory in criminal justice (Bernard 8 Engel, 2001). Few attempts have been made to develop systematic theories in the field of criminal justice (Hagan, 1989). An effort is made in this study, therefore, to develop a criminal justice theory by synthesizing Bronfenbreuner's human ecological model, Hofstede’s cultural dimensions, and classical sociology theory with respect to rural/urban areas. An integration of these theoretical perspective serves as a basis for comparing and contrasting police investigations in these two nations. Although the theoretical model in this study is designed to explain the organizational levels of police criminal investigative effectiveness in these two countries, it can also be utilized for comparing other criminal justice agencies in the two countries, including the prosecutor’s office, the court, and correctional facilities. As Benard and Engel (2001) have suggested, a construction of criminal justice theory should focus on one type Of dependent variable such as the individual, organizational, or aggregate level of societal characteristics. Then, explanatory variables should be able to conceptually encompass criminal justice system components (Bernard 8 Engel, 2001 ). This section will examine how police organizations and police criminal investigative policies are influenced by their social environments, such as the 47 national culture (macro-system) and the characteristics of rural/urban community (exo-system). Police Investigation and Social Environments The human ecologist Bronfenbrenner has outlined four environments that pertain to the individual, based on the idea of interaction between the organism and the external world: microsystem, mesosystem, exosystem, and macrosystem. He sees the human ecological system as representing the mutual accommodation between person and environment. And, his model takes into consideration the way in which the process is affected by the larger context in which these environments or settings are embedded (Bronfenbrenner, 1993). This kind of holistic viewpoint emphasizes the configurations which surround individual development (Barker, 1978). Although this idea was initially developed to understand how children’s surroundings affect their behavior and development, the ecosystem model can also prove to be a valuable tool for assessing the significance of a detective’s working environment. Because this model constructs a complex picture Of a person’s environment, it helps to illuminate how detectives are embedded in national and community frameworks through their organizational performance in working to solve crimes. This framework provides a conceptualization of the environments that influence detective work, taking into account important social environmental factors that transcend the immediate context of detectives as well police investigative practices in general. 48 According to this human ecosystem model, the microsystem refers to the immediate environment in which a person's dyadic proximal processes take place. It involves the roles, activities, and interpersonal relations experienced by a person in a particular face-to-face setting: the particular physical, social, and symbolic features that invite, permit, or inhibit, engagement of more complex interactions (Bronfenbrenner, 1979, p. 22; 1993, p.15). Detective work is Often described as a clerical business (Klockars, 1980; Ericson 8 Haggerty, 1997) and it does, in fact, take place on a face-tO-face basis (Greenwood et al., 1977; Eck, 1983). Police investigators' primary production is typically a written account of a particular caseClearance. Almost one half of a detective’s time is spent in the office (Ericson, 1981, p. 45). Media depictions Of a detective as a brilliant officer who solves crimes through superior intuition, acute intellectual reasoning powers, or remarkable physical activity are not generally accurate. One of the typical examples of a microsystem for a detective is the setting of interrogating a suspect or interviewing victims and witnesses. The degree of importance ascribed to the crime resolution rate as a performance appraisal by a detective's supervisor is another example of an investigator’s microsystem. Also, departmental policies which are directly related to an individual investigator’s status and interests, such as certain requirements for becoming an investigator or those that involve union protection are other examples of microsystems. According to this model, the first phase beyond the setting of the person’s immediate behavior is the mesosystem, which represents the linkage between two or more microsystems (Bronfenbrenner, 1979, p.25). For instance, an 49 interconnection between police departments through the development of a taskforce is a mesosystem for a detective. An indirect link between a police organization and a crime laboratory taking place through an evidence technician represents another mesosystem for a detective. Also, an inter-setting between patrol and detective units, the level Of collaboration between a police department and the community, or the relationship between an entire police department and the prosecutor’s Office also represent mesosystem environments. These kinds Of organizational interactions in the police investigation process have synergistic effects and influence a detective in his/her handling of crimes. The next phase, outside the mesosystem, is referred to as an exosystem, comprising a setting in which a person is not an active participant, but, by or through which he or she is still affected (Bronfenbrenner, 1979, p.25). This system encompasses the linkage and processes that take place between two or more settings. A given individual is not located within only one setting; rather, events occur that influence processes that have an impact on the immediate setting in which the person is located (Bronfenbrenner, 1989, p. 227). A local ethos is one example of a mesosystem for a police investigator. Rural/urban settings, in particular, may have a great influence on the contexts in which a detective is located. Supreme Court rulings or legislative actions that influence a detective’s investigative activity are other examples of detective’s mesosystems. Although aidetective is neither an active participant in forming a local mentality nor an important actor in the rule making process, these surrounding conditions have a significant impact on detective work. In this study, one of the focuses is on 50 the rural/urban distinction as it applies to the environment in which police investigation takes place. Finally, the most remote source of influence on a person’s immediate environment is the macrosystem, which is characterized by the beliefs, ideology, political system, and societal values Of a given culture (Bronfenbrenner, 1979, p. 26). A social system is composed of people and the nature of their association over time (Martin 8 O'connor, 1989, p.38). Members of a social system create and share experiences, viewpoints, goals, cultures, and collective memories. In a non-cohesive social system, the component parts and subsystems are only weakly interrelated, retaining a high measure of independence. In contrast, a highly cohesive system facilitates integration and compliance among its members. The American social environment or system, for example, is characterized by a great deal of ethnic heterogeneity, adversarial traditions, individualistic customs, and a low level of social networking whereas South Korean society, in contrast, is very homogeneous, stresses the virtue of compliance, tends towards group oriented values, and has a high level of social networking. lgfluLence of Macro-System on me Police: A Comparative Persgegfle One Of the major prominent frameworks used over the past couple of decades for understanding culture has been Hofstede's (19803) typology of cultural dimensions. This typology provides a rationale for cross-cultural comparisons. Hofstede defined culture as the "collective mental programming” which distinguishes one society from another. His original work described four 51 cultural dimensions: power distance, individualism/collectivism, uncertainty avoidance, and masculinity/femininity. According to his map of cultural dimensions, relative to South Korea, the US is lower in power distance, more individualistic, lower in uncertainty avoidance, and more masculine. These characteristics of national cultures influence police organization and practices, including criminal investigations. a. Influence of “power distance” Power distance in Hofstede's typology involves the extent to which people tend to accept unequal distributions of power in society and organizations. Large power distance countries are more tolerant of hierarchical and centralized leadership structures than small power distance countries. Subordinates are afraid to disagree with superiors when the degree Of power distance is vast; but, when it is minimal, "subordinates will quite readily approach and contradict their bosses” (Hofstede, 1991 ). The culture of small power distance in the US. results in a certain level of fragmentation of police forces, with executive Officers exercising only limited authority over lower ranking officers, and a horizontal relationship between police and the prosecutor’s Office. By contrast, the culture of large power distance in South Korea helps to explain the centralized, hierarchical features of police organizations, authoritarian styles of leadership, and vertical interactions between the police and the prosecutor's office. In South Korea, all police organizations and Officials are centralized and located within a strict pyramid structure with rigid superior-subordinate relationships, which are divided by eleven ranks, from the General Commissioner 52 at Korean National Police Headquarters down to the patrolman on the beat in local areas. There is a one-way, downward, direction of communication in the form of orders, which emphasizes the authoritarian nature Of the organization. Although provincial police directors supervise and control the police stations in their jurisdictions, they cannot move or assign duties to police Chiefs. In principle, the General Commissioner in the Korean National Police headquarters makes every rule and policy, and local police agencies are quick to implement them and they do so in uniform ways. In contrast, American law enforcement is highly diversified, with a fragmented nature. The state police have no authority over local police departments. The rank of police Chief in a local area does not mean that the rank is lower than that of the Commissioner of the state police; there are no hierarchies or vertical relationships between police organizations. More than 18,000 law enforcement agencies have their own polices and procedures under autonomous command, uncoordinated by any centralized institution. In fact this non-cohesive character even makes it difficult to count the number of police in the US (Bayley, 1992, p.512; Geller 8 Morris, 1992, p.245; Maguire 8 Snipes, 1998). Unfortunately, one result of this degree of local autonomy among US. police forces is an occasional lack of effective communication, which sometimes causes problems. The events of Sept. 11 reveal certain problems involved in the lack of cooperation between federal and local law enforcement agencies in terms of distributing critical information quickly. Because Of bureaucratic and technological barriers between law enforcement agencies, information sharing is sometimes blocked. When new alerts concerning terrorist threats were issued by 53 the FBI. in the wake of Sept. 11, they were not effectively distributed to local police in the US; generally speaking, local police found out about these alerts through the national news media, such as CNN, rather than from the federal government. Taking into consideration the quintessential aspects of police criminal investigations—information-collection, -process, and -production, the relatively uncoordinated structure of American police forces may be disadvantageous for catching criminals and taking prompt action against crime, especially when crime occurs across various jurisdictions. In contrast, a country with a highly centralized police system such as South Korea has the advantage Of being able. to share and distribute critical information more efficiently, throughout the entire country, being quick to respond to emergent situations on a national level. The cultural tradition of large power distance and acceptance of hierarchical relations in an organization do not allow a detective to use much individual discretion in the handling of a case. The responsibility for decision- making is delegated to supervisors, not officers. Official rules and regulations in South Korean police departments prohibit lower ranking officers from making particular decisions. Thus, police investigators need to call and get approval from a superior before taking almost any action with respect to a suspect, witness, informant, or other criminal justice agent. Organizational custom and practice also requires that higher-ranking officers be summoned to the field in certain specific situations. Regarding the management style Of police chiefs in South Korea, the authoritarian style of leadership is quickly noted. Police chiefs usually 54 manage a department by frequently summoning subordinates to their offices, without delegating authority to those subordinates. All power is centralized in the police chief of the organization. A lower ranking officer in a unit prepares police project plans in a mechanical way, which expresses the ideas of his/her superiors. Some of this may be attributable to the fact that the South Korean police force tends to attract authoritarian personality types and they have internalized a “working personality” as their career has developed over the years, as many American police have done (Lee, 1997; Niederhoffer, 1967; Skolnick, 1994). However, the culture of large power distance may have had a major impact on the development of South Korean management styles. A large power distance culture like that of South Korean results in the police making a rigid distinction between two types Of ranks: commissioned and non-commissioned Officers. In the US. “every Officer Of rank must serve an apprenticeship as a patrol officer” and usually “one can not join a local police department as a Iieutenant” (Skolnick, 1994, p.43). In contrast, some Officers in South Korea who graduate from the National Police College or pass a high-level civil exam can begin their career as a lieutenant. They are Often considered to be “elite” members of the organization. One problem with this type Of elite-oriented organization, however, is that it produces divisions between supervisors and lower ranking Officers because the majority of the “elite” have never experienced work directly on the street, face to face with the everyday public. Subscribing to the ”rule of elite values,” South Korean police work in accordancewith executive ideas. 55 b. Influence of “individualism/collectivism" The individualism/collectivism dimension refers to the way in which cultures tend to emphasize the importance or priority Of the individual vs. the collectivity. In collectivistic culture such as South Korea, in-group goals are more highly valued than personal goals, deviations from norms tend not to be tolerated, and people are more concerned with how their actions have an effect on the group or society in question. Group harmony or consciousness is so strongly emphasized in a South Korean police organization that it is one of the most popular mottoes—even framed and put it on the wall. Although group harmony is also seen as important in American police management systems, it is not seen as uniquely crucial as it is for South Korean police. In the US, where individualistic culture prevails, the self-identity Of an officer is less bounded by group motifs or elements. In-group goals do not have the primacy over individual goals that they do in South Korea. American Officers may think they are “only doing their job" and are expected to show neither filial piety nor a sense of total loyalty to a police organization. Furthermore, individual officers’ interests, including salaries, promotion, and overtime pay, can even be administratively protected by police unions in the US, even though this may conflict with the goals of police hierarchies. In. contrast, Officers in South Korea are expected to fully commit themselves to an organization, in a total fashion. A police investigator must carry out his/her investigation even in the absence of overtime pay. When a certain case requires the use of a large amount Of police personnel for field interrogations or field search to gather evidence, all officers in 56 the department, regardless of whether they are criminal investigators or not, fulfill the mission collectively in the interests Of the police organization. Police Officers in South Korea also share radio communication collectively, with all officers required tO listen in on what is happening within their jurisdiction. Their offices— crime prevention, intelligence, security, and investigative units—are often filled, therefore, with discourse from the police radio. Neither is this collective communicative radio system necessarily a one-party-tO-another channel. Sometimes, an officer must wait until no party is attempting to join the communication. “Signals" (crime events), therefore, with their decoding and encoding processes, can either “amplify or suppress the original signals” (Manning, 1997) which are shared collectively by all members in the organization. American Officers generally eat alone or in very small groups whereas South Korean patrol Officers have meals together in the “police box” where they work and live collectively. There are frequent informal and formal group meetings for officers in South Korea. Some are for investigators only and others are for all officers in a department. Even for an informal meeting at a restaurant, all members are expected to show up. A previous engagement is never seen as a valid excuse in the South Korean context. Collectivistic and individualistic cultures influence the settings of police training in South Korea and the US, respectively. The police in South Korea use tightly-controlled training methods in a closed environment suffused with collectivistic culture, whereas training in the US. is largely a function of individual 57 department policy and the department has little control over course content in independent educational institutions (Fairchild, 1989). South Korean police investigators, however, in general, receive training before and after promotions at the National Police Training Academy where they remain at the institution for a number of weeks; usually, four officers share a room. In this training setting, detectivesare encouraged to share their previous investigative experience. In America, several Officers sharing the same living room for weeks on end as part of their training is virtually unheard of. This distinction between individualism and collectivism is also present with respect to officers being sanctioned by their respective law enforcement agencies in the US. and South Korea. American officers, for instance, are individually liable for any substantiated claims made against them. Municipalities, police departments, and individual police officials are not generally held liable for the misconduct Of employees or subordinates if the police department in question , has a written policy concerning the practice and documentation of having trained the officers in the enforcement of that policy. In fact, the use Of civil litigation against individual Officers in the US. serves as an effective deterrent for those who have a tendency to be irresponsible and/or brutal. In South Korea, a suit alleging police misconduct, such as abuse of authority and/or occupational deviance, is filed against the government, and, officially, the government is liable, not the individual officer. In the case of an organizational sanction of individual officers, several immediate supervisors within the same line Of command are also collectively sanctioned. 58 The ‘in-group’ is very important in a collectivistic society and a person is defined by the in-groups to which he or she belongs (Triandis, 1988). In the case of investigator selection, in South Korea, the collectivistic features of group- based status are more important than those involving individual merit. In the US, however, irrespective of whether a police organization tends to have an unstructured, semi-structured, structured, or highly-structured style, they all place great emphasis on the ability Of individual Officers to interview, interrogate, and arrest (Cohen 8 Chaiken, 1987). The selection criterion for Officers in South Korean is based in part on collectivistic concept of family, alumni, and regionalism. Alumni, referring to the relative importance Of the schools one has attended, and regionalism, identifying one’s hometown, both play significant roles in the selection process. Although appointments to police Chief in the US. are frequently made in accordance with partisan political interests, alumni and regional-based associations have much less effect on the process than is the cased in South Korea. To cite another example of this cultural difference or distinction, suspect confession rates in the two nations suggest that South Korean Confutionistic cultures may promote suspects telling the truth by and the adversarial American system may incline the suspect in the other direction. This in-group oriented collectivism is also related to police corruption or occupational deviance in South Korea (Barker 8 Carter, 1994). The processes in which corruption occurs are somewhat different than those in America. For example, when opening and operating establishments that serve liquor, Offer the opportunity for gambling, or other businesses which require regular inspections 59 by the police, the owners use the connections of family, alumni, or region to obtain favorable consideration from officers. They prefer to have a favorable connection with, if possible, detectives, because police investigators are seen as their assets when they are in trouble. In other words, those who are susceptible to a violation of law expect detectives to handle cases favorably on their behalf if they have the right connections with the police criminal investigators with respect to family, alumni, or region. These people are usually able to locate an influential person close to an officer that has the authority to sanction or tolerate such matters as after-hours drinking, double-parking, or encourage or solicit tips concerning an. investigation. The money involved, referred to as “rice-cake expenses,” is regularly handed over on major national holidays through or facilitated by “linchpins.” A linchpin functions as an intermediary between corrupt police and those who need their assistance. Sometimes, even police investigators themselves become linchpins. In South Korea, these illicit payments are seen as a social courtesy unless the amount exceeds socially acceptable levels in relation to official duties. In many cases, it is not easy to determine what represents a questionable payment or permissible custom and what does not. Police corruption in the US. is not so focused on a key person who is associated with the would-be or alleged offender’s family, alumni, or region. Yet, these dynamics are very frequent occurrences in police criminal investigations in South Korea. As a result, the police officers that are the most vulnerable to involvement with corruptive practice are often themselves criminal investigators in South Korea. 60 0. Influence of “uncertainty avoidance” The uncertainty avoidance dimension involves "the extent to which the members of a culture feel threatened by uncertain or unknown situations” (Hofstede 1991, p. 113). Individuals in countries low in uncertainty avoidance are relatively comfortable with ambiguity and are tolerant of others' behaviors and opinions. Where uncertainty avoidance is high, employees are more likely to feel that clearly defined rules are needed and that they should not be broken (Hofstede 1991, p. 112). American police practices can be seen as “situationally justified” actions rather than bureaucratically controlled responses, since the police must juggle many contradictory and conflicting public expectations at the same time (Manning, 1997, p.131). In the American culture of low uncertainty avoidance, officers have a relatively high degree of discretionary decision-making power. On-the-job experience, rather than an official code of police behavior, often serves to guide the decisions of American police officers. As an American police scholar observed, “discretion increases as one moves down the organizational hierarchy” (Wilson, 1968), which is most certainly not the case in the South Korean policing context. South Korean police have a written “Police Performance Act” regarding the scope, type, and limitation of police discretion, which is designed to prevent the questionable use of Officer discretion involving uncertain consequences. Due to a very detailed law code and strict interpretation by the courts and the police organization itself, South Korean police generally rigidly 61 adhere to the rules and regulations of the law, anxious to avoid the uncertainties involved in the use of discretion. One of the ways to overcome uncertainty is to plan carefully, because it can minimize uncertainty when an organization finds itself in an unpredictable situation (Thurston 1983). Some studies of organization in Germany have shown planning to be related to success, whereas studies in Anglo-American contexts often find planning to be of little use, even questioning its usefulness (Robinson and Pearce 1984; Lyle et al.1995). This may means that a higher level of uncertainty avoidance in Germany makes planning more culturally appropriate and viable while planning in the American context may be less successful due to the culture of low uncertainty avoidance. The “community policing” idea in the US. has become increasingly popular over the past two decades despite the criticisms that 1) it is not clear whether it represents “rhetoric or reality” (Greene 8 Mastrofski, 1988); 2) the concept is so vague that its circumlocution can easily mystify police coercive function (Klockars, 1991); and 3) it “seeks to be all things to all people.” The reason for the concept’s popularity may be related to the American culture of low uncertainty avoidance, which allows for a great deal of toleration of vagueness. Although the South Korean police do not refer to their service oriented police mission as “community policing,” they clearly ascribe to a similar philosophy. For the South Korean police, or any Asian police force for that matter, the philosophy of community policing does not sound especially innovative, at least as testified to by South Korean officers in a criminal justice master’s program in the US. For 62 Asian officers, the idea of community policing represents common sense and it is neither novel nor vague, as it tends to be in the American context. For South Korean officers, community policing is laid out in specific written plans with specific time periods for each and every police task and supported by a variety of planning strategies. The written plan is circulated, reviewed throughout the organizational hierarchy, and then implemented during a specified period of time. Then, another plan is prepared for the next specific period or stage of police activity. Police criminal investigations are very well planned in South Korea on the basis of intelligence collected by police personnel. Criminal investigations in South Korea are not reactive, or dependent upon public reporting, as tends to be the case in America. The South Korean police are more likely identify criminal activities and proactively conduct investigations even in the absence Of a case having been reported. Their targeted crimes vary according to specified plans, especially with respect to organize and white-collar crime. Analyzing police work on the basis of written assignments, such as‘an organization’s descriptions of patrols and investigations, can also provide characteristics for cross-national comparison (Bayley, 1985). Labor divisions and the nature of specialization within police organizations may also be influenced by the characteristics of national culture. In South Korea, there is a clear distinction between patrol Officers and investigators in the process of criminal investigation, whereas with police crime solving activity in the US, there tends to be more overlap between the functions of patrol officer and investigator. This may also be 63 related to the high level of toleration for uncertainty in the US, and the clear separation of investigative roles in South Korea may be a product of the low level of toleration for uncertainty of Korean culture. In South Korea, all crimes are investigated by detectives. Most of investigation related activities are exclusively assigned to them. Even the misdemeanors reported by patrol officers are immediately handed over to investigators. In other words, South Korean investigators conduct the entire investigation from the beginning, and are entirely responsible for preparing cases for prosecution. By contrast, in the US, patrol officers play an important role in the process; they respond first to the crime scene, interview people, collect evidence, make arrests, and even resolve cases (Skogan 8 Antunes, 1979). American patrol officers are typically involved in numerous investigative activities. d. Influence of “masculinity/femininity” The masculinity/femininity dimension distinguishes between cultures that emphasize stereotypically ‘masculine’ traits, such as assertiveness and dominance, and cultures that emphasize stereotypically ”feminine" traits, such as a concern for relationships and the quality of life. Masculine cultures are more likely than feminine cultures to use force. When on duty, most South Korean police are not armed, while all American police are armed and they rely more on the use of force. Even many scholars define the main function of American police in terms of the use of force—particularly deadly force (Bittner, 1970). Many factors, of course, help to account for the tendency of American officers to use physical force: officers’ individual characteristics, situational factors, 64 organizational/administrative philosophy and policies (Fyfe, 1988), and community demography (Jacobs 8 Britt, 1979). Nevertheless, the strongest reason behind the use of force may be rooted in the culture of masculinity of the American police, characterized by assertiveness and dominance. In contrast, South Korean police tend to find ways to avoid the use of force. They Often employ “facework” by negotiating with the public, facilitating compromises between two parties, or even invoking a suspect’s repentance. Furthermore, out of consideration for what they see as their long-term relationship with their clientele, officers in South Korea tend to use “high context” messages characterized by indirectness, implicitness, and nonverbal expression (Hall, 1976). This means that South Korean police are very reluctant to use force without careful consideration, even when circumstance may require it; never, for example, would they use the kind of excessive force represented by the 41 bullets fired by New York police officers into the body of Amadou Diallo. Typically feminine traits involving caring for others are even represented in South Korean criminal investigation processes. They have no official case screening methods and maintain an “all case resolution policy.” This helps to enable South Korean investigators to effectively respond to the concerns of victims, appeasing them through the development of an appropriate “beside manner" (Wilson, 1968, p.25). Victims tend to evaluate detective performance highly when there is a certain degree of investigative effort (Brandl 8 Horvath, 1991). South Korean officers tend to see their work as a moral obligation and strive to achieve understandings that serve to mitigate the human suffering 65 involved (Muir, 1977), especially as a result of their “all case resolution policy." In contrast, the American incorporation of the solvability factor may tend to leave a victim with the perception that “a serious matter is being lightly dismissed” (Wilson, 1968, p.25) and that the police are callous. Case screening methods in the US. are influenced by cultural motifs which emphasize efficiency in solving crimes rather than caring for the victim. Influence of the Rural/Urban (Exo-Svstem) Distinction In general, crime is less frequent in rural than in urban areas, even though the police are not always as well equipped for crime control duties as a result of a smaller tax base and fewer resources. Given that over half of the police departments in the US. are small, with less than 10 sworn, full-time police personnel (Crank, 1990) and located in non-urban areas, and that many areas in South Korea are surrounded by farming environments, the distinction between rural and urban areas is of critical importance to the critical analysis of both policing environments. Donnennyer (1994) suggests that rural departments have less divisions according to specialization and tend not to recognize crime and other problems as immediately as their urban counterparts. Weisheit, Wells, 8 Falcone, (1994) have found that, in rural communities, police, offender, and victim are more likely to know each other, and have long-term personal interactions. On the one hand, this characteristic of “density of acquaintanceship” (Freudenburg, 1986) may help police solve more crimes since there is little anonymity in the community, everyone tends to know who does what, and police can easily use this information for investigation purpose. However, on the other 66 hand, other characteristics of rural communities, such as mistrust of government, reluctance to seek outside assistance, and de—policing tendencies may result in an under-reporting of crimes (Black, 1980), which clearly do not contribute to police investigation productivity. Informal traditions of social control in a community do not encourage bringing many cases to police attention. With a low level of reported crime for police to solve, a rural department’s crime solving productivity may not be as high as that of their urban counterparts. a. Influence of human association in rural/urban areas on police As Durkheim (1964) posited, one of the most distinctive aspects of rural society is its Subcultural settings, produced by “mechanical solidarity” which determines and regulates collective identities. The consciences and actions of people in rural areas are more restrained by the rest of community than in urban areas. And this tradition of strong social bonding in rural areas, which is hard to find in urban areas, may account for a less detachment between police and the public, as well as less social conflict between police and prosecutor. In urban areas, on the other hand, these Gemeinshaft-like relationships may be lacking. Freudenburg (1986) suggested that the population growth involved in urban areas has a negative influences on social density in terms of acquaintanceship, with closer physical contact but greater social distance as population growth increases. As Simmel (1950) has poetically suggested, men in metropolitan areas are free, but under certain circumstances they feel lonely and lost in the crowd. As he sees it, intimate relations in urban areas, including friendship in the true sense, are relatively weak, and a lie or secret is more bearable and 67 prevalent; in contrast, in the small social circles of rural society, friendship, dependence, loyalty, and confidence are more prevalent and highly valued. Clearly, this rural/urban distinction has an impact on the relationship between police and community. People in urban areas, especially poor minority and immigrant groups, feel more distant from law enforcement agencies because of the perception that the police do not treat them equally (Erez, 1984; Carter, 1985). Police in urban areas also may perceive, more than their rural counterparts, that they have problems with public relationships, due to the social stress produced by negative interactions (Kroes, 1985; Violanti 8 Aron, 1995). And, this social distance between police and the public leads to police cynical sentiments (Niederhoffer, 1967). In short, the detachment of the police from the community is more pronounced in urban as opposed to rural areas. The distinction between rural/urban areas may also play an influential role in the relationship between the police and the prosecutor’s office. In other words, the multiple subcultures and perspectives that exist in urban areas may result in greater friction between the two institutions, since Gemeinshaft-like, intimate human relations are generally lacking or less pronounced. In small rural towns, the prosecutor, lawyer, and police investigator often get together in a restaurant as friends and talk about the case in a relatively informal way (Cordner, 1989). This kind of intimate setting naturally allows them to share their views and maintain clOser relationships than their urban counterparts. b. Rationality and investigation management 68 As Weber theorized, formal rationality and its locus in bureaucracy may increasingly come to dominate modern society (Weber, 1951; Weber, 1958b), and this degree of rationalization is one of the key factors which serve to distinguish rural from urban society. The tendency towards rationale, formality, and bureaucracy, are all stronger in urban than in rural contexts. Customs, which are not derived from calculations or objective criterion, may exert a much stronger influence over the social process in rural than in urban settings. In urban areas, “instrumental rationality” is more prevalent and “affectural” social action is weaker. Weber argues that the progressive rationalization of social life is associated with. the development of bureaucracies with specialized functions and trained personnel. This implies that, in urban settings, police organizations may be more likely to behave rationally than do their rural counterparts. Case screening practices may be more prevalent in urban areas, for example, as a result of this focus on rationality, the efficiency of detective efforts rather than the appeasement of the victim. The rationality of urban areas is often expressed by statiStics, and one of the most frequently used statistics for police is the clearance rate. Since the highly bureaucratic police structure of urban areas demands a more tangible return with respect to police efficiency, clearance rates are more frequently used as a performance criterion than in rural areas. Although intangible police work, such as the officer’s relationship with the public, is important and leads to a reduction in crime, it can not be easily measured or used to statistically demonstrate police efficiency. In rural contexts, therefore, the emphasis of performance evaluation may not be on clearance rates. 69 As suggested previously, the common ground among various community- policing programs is police formal accountability to their communities. Community-policing programs represent “formal” strategies with “formal" accountability throughout the organization. In smaller communities, the establishment of a community-policing program may be seen by police officials as unnecessary for public safety as well as impractical, because rural police organizations may rely instead on traditional, informal, social control mechanisms. (Cardarelli, McDevitt, 8 Baum, 1998). Thus, a community-policing program may be seen as more appropriate in urban as Opposed to rural areas. Rationality, therefore, can be seen to play a more central role in urban criminal justice organizations than in their rural counterparts (Myers 8 Talarico, 1986). c. Economy and forensic science Weber (1958a) posited that the essence of a cities character is the market, where goods and money are exchanged. For him, the versatility of trade and commerce, rather than agriculture, represented the quintessential nature of the city. Certainly, these economic characteristics help to shape perspectives concerning the prevalence of crime. Weisheit 8 Donnenneyer (2000) noted that, in rural areas, motor vehicle theft, shoplifting, or employee theft are relatively infrequent. According to Weisheit, Falcone, 8 Wells (1996), when a crime is reported in a rural area, it is more likely to be related to agricultural resources, including the theft of farm chemicals; wildlife crimes such as poaching and arson covering wild lands are also unique to rural areas. With respect to poverty rates, in general, rural areas tend to have higher rates than urban areas (Garkovich, 7O 1991; Brown 8 Hirschl, 1995). Unemployment is also higher in rural areas (Garkovich, 1989), and, while the cost of living is generally lower, there is less opportunity to earn a living. This may encourage high levels of out-migration by young skilled workers. Rural police departments, therefore, may have comparatively fewer resources, such as personnel and technical equipment, because the revenue sources enjoyed by the city, produced by the market an vibrant entrepreneurial activity are not as concentrated in rural as opposed to urban areas (Weber, 1958a). The comparative economic hardship of rural areas leads to a smaller tax base and fewer resources and eventually effects the financial resources available to the police. Thus, rural police are not always well equipped for crime control duties in terms of modern technology and expenditures per officer. In fact, the per officer expenditure is $62,000 in urban areas as opposed to $31, 500 in rural areas (Weisheit et al., 1996). In rural areas with less economic revenue, police investigations may not be supported by competent forensic scientists. In the case of rural arson investigations of total burn, for example, the activity of sorting through the debris to find evidence of arson is often limited by lack of equipment. Clearly, the utilization of scientific knowledge is favorably influenced by favorable economic conditions (Weber, 1958b). In the presence of a shortage of resources, the application of modern forensic science by law enforcement agencies tends to be less prevelant. This implies that the weight of importance of forensic evidence varies according to rural/urban economic distinctions. When the police 71 department can afford to have their own crime labs and a lab service is readily available to police investigators, physical evidence is more likely to be collected at the crime scene. With law enforcement unable to fully or effectively collaborate with forensic science, criminal investigations are clearly hampered. Summary Police criminal investigation represents an information processing activity that takes place through the interaction between police and other related participants in the administration of criminal justice to determine legal truth. This process is embedded in multi-layered social environments. In the American social environment or system, police investigators function to resolve conflicts according to American principles or characteristics. Similarly, the mission of the South Korean police is determined by the principles and traditions of their own social or cultural system. Within both nations, however, the rural/urban distinction also may have an influence on police criminal investigation policies and practices. Thus, the nature of detective work is largely determined by the prevailing institutions and belief systems of the larger society - that is a national culture and historical events -, and simultaneously influenced by the values of rural and urban communities. 72 CHAPTER FOUR METHODOLOGY In this study, organizational pollicies and practices which have attributes of Wilson’s “legalistic type” are referred to as “enforcement oriented properties.” These enforcement oriented properties include the importance of clearance rates as a performance indicator, use of cold case unit, detachment from the public, case screening method, team policing approach, membership of task forces, and ownership of the Automated Fingerprint Identification System (A.F.I.S.) and timely crime laboratory service. In contrast, the “service/watchman type” of organizational policies, which tends to result in harnessing of the service of symbolic police functions or the protection of individual rights even including officers themselves, are referred to as “liberal policing oriented properties" in this study. These features are illustrated with such items as the community policing program, requirement of recording of police-suspect interrogation, police union, and education requirement for investigators and their supervisors, and intimate relationship with prosecutor’ office. Congruent with the concepts and issues identified in the literature reviews in the chapter two and the qualitative contexts in the chapter three, the propositions and hypothesis which are examined in this study are as follows: Propositions and Hypothesis a. Descriptive comparison between the countries Proposition 1: Due to the differences of social environments such as national culture between the US. and South Korea, the alternative measures of police investigative effectiveness, including the productivity and the degree of 73 legal problem, would show that South Korean police have lower investigative productivity and a higher degree of legal problems than American police, although American police have lower clearance rates than South Korean police. Proposition 2: Due to the differences of social environments such as national culture between the US. and South Korea, American police are less likely to emphasize the clearance rates as performance measurement, and be detached from the public, than South Korean police. Proposition 3: Due to the differences of social environments between the US. and South Korea, South Korean police would be more willing to take measures to solve crime as many as possible than American police, although they may compromise individuals’ rights. Proposition 4: Due to the differences of social environments such as national culture between the US. and South Korea, South Korean police would integrate more community policing principles into detective work than their American counterparts. Proposition 5: Due to the differences of social environments such as national culture between the US. and South Korea, American police would less frequently interact with prosecutor office than South Korean police do with their prosecutor office. Also, American police would have a better relationship with prosecutor office than their South Korean counterparts. Proposition 6: Due to the differences of social environments between the US. and South Korea, South Korean police would be less satisfied with the crime lab service than their American counterparts. 74 b. Comparison of rural/urban areas within the country Hypothesis 1a: Urban police have lower clearance rates of crime against person than their rural counterparts. Hypothesis 1b: Urban police solve more crime against person per Officer than their rural counterparts. Hypothesis 1c: Urban police tend to be further detached from the public than their rural counterparts in solving crimes. Hypothesis 1d: Urban police tend to less frequently interact with prosecutor’s office than their rural counterparts. Hypothesis 1e: Urban police tend to have more significant relational problems with prosecutor’s office than their rural counterparts. Hypothesis 1f: Urban police tend to have police union more than their rural counterparts. Hypothesis 19: Urban police tend to use case screening method more than their rural counterparts. Hypothesis 1h: Urban police are more likely to use community policing approach in solving crimes than their rural counterparts. Hypothesis 1i: Urban police are more likely to use team policing approach in solving crimes than their rural counterparts. Hypothesis 1]: Urban police are more likely to emphasize a clearance rates as an important performance measurement for an investigator than their rural counterparts. 75 Hypothesis 1k: Urban police tend to have their own A.F.I.S. more than their rural counterparts. c. Evaluative comparisons of organizational properties between the countries Hypothesis 2: Controlling for rural/urban areas and detectives’ workload, police organizational properties influence the investigative effectiveness in the US. and South Korea. Influence of enforcement oriented properties Hypothesis 2a-1: Police organization’s larger emphasis on clearance rates leads to higher organizational productivity of criminal investigation. Hypothesis 2a-2: The more police detach themselves from public, the greater increase in organizational productivity of criminal investigation. Hypothesis 2a-3: Police organizations with cold case unit are more likely than organizations without it to have higher organizational productivity of criminal invesfigafion. Hypothesis 2a-4: Police organizations using case screening method are more likely than organizations not using the method to have higher organizational productivity of criminal investigation. Hypothesis 2a-5: Police organizations with their own A.F.I.S. are more likely than organizations without it to have higher organizational productivity of criminal investigation. 76 Hypothesis 2a-6: Police organizations with team policing approach are more likely than organizations without it to have higher organizational productivity of criminal investigation. Hypothesis 2a-7: Police organizations with the membership of task force are more likely than organizations without it to have higher organizational productivity of criminal investigation. Hypothesis 23-8: Police organizations with supportive timely crime lab service are not different than organizations with non-timely service to have higher organizational productivity of criminal investigation. Influence of liberal policinq oriented properties Hypothesis 2b-1: Police organizations integrating community policing into investigative work are more likely to have lower organizational productivity of criminal investigation. Hypothesis 2b-2: Police organizations with the legal requirement of recording of police-suspect interrogation are more likely than organizations without it to have less organizational productivity of criminal investigation. Hypothesis 26-3: Police organizations with collective bargaining units represented by investigators are more likely than organizations without it to have less organizational productivity of criminal investigation. Hypothesis 2b-4: Police organizations’ larger educational requirement for selection of investigator leads to less organizational productivity of criminal investigation. 77 Hypothesis 2b-5: Police organizations” larger educational requirement for selection of investigator’s supervisors leads to less organizational productivity of criminal investigation. Hypothesis 2b-6: Police organizations’ more frequent interaction with prosecutor's office leads to lower organizational productivity Of criminal invesfigafion. Hypothesis 2b-7: The poorer police-prosecutor relationships lead to lower organizational productivity of criminal investigation. Survey Method Due to the need for standard and common measurement of police investigative practices and policies in two nations, this study is count upon the same survey instrument used for both American and South Korean police organizations. Before attempting to compare and contrast police institutions in two nations and drawing any specific conclusions regarding these comparisons, a standardized measurement tool is necessary. Especially considering the large number of police departments in the U.S.nmore than 18,000 - a survey method is more advantageous than others for national comparison and generalizability. In South Korea, the number of police departments is not as enormous as their American counterpart. However, the use of identical instruments and methods in the different cultural, social, and legal context may be an effective solution for an international comparison of police investigation processes. Thus, this study use the data obtained through the mail survey of 3, 123 police departments in the US. and its replicated survey of all police departments (n=230) in South Korea. 78 The American side of the survey was supported by Grant #98-IJ-CX-0057, awarded to Horvath 8 Meesig in September 1998, by the National Institute of Justice, Office of Justice Programs, US. Department of Justice. The replicated survey in South Korea was carried out through the administrative support from the Korean National Police and author’s self funding. Survey Population and Sampling Design In the US, there are more than 18,000 law enforcement agencies. Although most Of them carry out the general purpose functions, some agencies only perform the special purpose functions including beach, port, railroad, transit, causeway, housing, school, and university/college. The sampling frame of this study consisted of 1997 LEMAS survey which include all state, county, and municipal law enforcement agencies with 100 or more sworn employees, and a systemic sampling of the agencies with 99 or less sworn employees. Because American target population in this study is the law enforcement agencies which have general purpose functions, but the sampling frame includes special purpose agencies which do not match precisely this study’s population of interest, the frame is culled to include only agencies which have general law enforcement functions. In South Korea, there are 10 provincial police headquarters, 230 police departments, and about 3,000 police boxes which are attached to each police department around the country. The South Korean target population in this study is the law enforcement agencies which are administratively authorized as police stations as of 1998. The sampling frame consisted of the 1998 police station list 79 published by Korean National Police. Because this sampling frame and the target population is identical, a sampling design was not necessary. Thus, the total sample of American police organizations includes general purpose 3,123 law enforcement agencies. For the Korean sample, the number of police organizations is 230, which is identical with its population. Development ofirvev lnstrpment For the American survey questionnaire, the Rand questionnaire survey and another questionnaires used to survey Canadian police agencies provided the basis for the development of the instrument (Chappell, Gordon, 8 Moore, 1982) Greenwood, Chaiken 8 Petersilia, 1977). Modifications and changes are made to expand information concerning the five issue areas, including investigators, patrol officers, investigative management, investigative effectiveness, and investigative support. During January 1998 through January 1999, a large number of draft versions of our data collection instrument were developed. This development process was based on the extant literature review and the field experiences of researchers and members in the advisory group. Question items also included new issues regarding investigative training, funding, supervision, crime laboratory support, DNA analysis, and goals. From February through May 1999, the draft instrument was pre-tested by investigators at four county and municipal agencies in the mid-Michigan area. After discussion with an informal advisory group of five active and retired senior level police officials in four mid-Michigan state, county and municipal agencies, changes were made as appropriate to add some items and delete others. The finalized instrument was a 80 23-page questionnaire consisting of about 700 items. The instrument was submitted to the University Committee on Research Involving Human Subjects at Michigan State University in May 1999; final approval was granted in September 1999. For the Korean version, items in the questionnaire were translated into Korean by the author. The draft questionnaire was reviewed by several South Korean investigators in order to make the meaning of translated items more clearly understandable to the South Korean police. Through the numerous e-mail exchanges and the conversations on international calls with several investigators in South Korea, some items which did not fit into South Korean contexts were deleted, others which have functional equivalence of American items were added. The author’s experience as police officer in South Korea and the experience of an intern in American police departments allowed the translation of the questionnaire to provide the South Korean respondents with correct meanings. The instrument was submitted to the University Committee on Research Involving Human Subjects at Michigan State University in April 2000; final approval was granted in June 2, 2000. Data Collection Process For the collection of American data, the first mailing took place in October 1999. Follow-up mailings of the questionnaires were made to non-respondents in December 1999 and February 2000. Because a unit of analysis in the survey project is an organization, the survey booklets were mailed to the chief law enforcement administrator of the 3,123 agencies which have general purpose 81 functions in the sampling frame. Someone in the department who is well acquainted with investigation process was asked to complete the enclosed questionnaire and return it in the self-addressed, postage paid envelope. Personal identifying information was not requested and police departments were assured that the response would be reviewed only by the researchers. In the envelope, NIJ transmittal letters were enclosed to urge police organizations to respond. The response rate was 56%; 1,746 usable responses were received. For the collection of Korean data, the coordination with the Korean National Police Headquarters was made. The letter asking whether the Korean National Police is willing to consider participation in the replicated survey was mailed to General Commissioner of Korean National Police in January 2000. They responded that KNP would provide full administrative support including distribution and collection of the questionnaire through police internal mailing service. Since South Korea has one national police system with eleven Metropolitan Police Agencies, all major police documents, memos, and other administrative paper are mailed from the headquarter through the internal mailing system. In order to coordinate the mailing of the questionnaires and their collection, the author traveled to South Korea in June, 2001 and stayed until July, 2001. The translated survey booklets were mailed to 230 police stations in South Korea through the police internal mailing system. The return address was the police criminal investigation planing unit in Korean National Police headquarters and one officer was assigned to putting the returned envelopes in the specified 82 box. Personal identifying information was not requested and police departments were assured that the response would be reviewed only by the author. In the envelope, the General Commissioner transmittal letters were enclosed to urge police organizations to respond. The police chief or detective captain in the department was asked to complete the enclosed questionnaire and return it in the self-addressed envelope. The response rate was 97%; 223 usable responses were received. During the administration of the survey, several agencies made telephonic inquiries regarding the questionnaire and the survey process. In addition, they expressed their interests in knowing how American police organizations might differently manage and conduct a criminal investigation. @flata Sources American agency-level data regarding known offenses and clearances by arrest for the responding agencies in this study were obtained by download from the website of Inter-university Consortium for Political and Social Research (US. Department of Justice, 1999). The data had been compiled by the FBI and contained data for seven Index crimes, and archived at www.icpsr.umich.edu. The title of the data is Uniform Crime Reporting Program Data: [United States] Part 95: Offenses Known and Clearances by Arrest, 1997. The agency-level information regarding total number of sworn police officer were from LEMAS survey data, which is also archived at the same web site. The South Korean data which is comparable to the American figures were obtained by the request for official statistics which are archived in computers in 83 Korean National Police headquarters. In addition, official criminal justice information was drawn from the Korean Police White Paper. Measurement in the Study After the data were entered into Statistical Package for the Social Science (SPSS), they were saved separately; one was American data set and the other was South Korean. The identical variables were selected from the two data sets for this study. However, the weekly working hours were not measured for the American Police. For the South Korean police, union, case screening, and ownership of A.F.I.S. related issues were not addressed in the questionnaire because they have no such policies. In this study, investigators were defined as sworn and non-sworn officers who generally wear civilian clothes and perform primarily investigative duties, and the term is used synonymously with detective. a. Police clearance rates A clearance refers to the resolution of a crime either by the arrest of an offender or by an exceptional clearance. The police clearance rates were measured with total number of cleared case divided by total number of reported cases. b. Organizational efficiency of criminal investigation The organizational efficiency of criminal investigation was operationalized by dividing the total number of cleared cases by total number of sworn officers in a department. c. Organizational productivity of criminal investigation 84 Two types of the productivity were measured; 1) organizational productivity of crime against person and 2) organizational productivity of crime against property. The former was operationalized by summing the total number of cleared murder, rape, and robbery in a police organization. The latter was operationalized by summing the total number of cleared burglary and larceny for the American police. For the South Korean police, only the number of larceny was included because they do not have the category of burglary. In South Korea, the American legal concept of burglary is categorized as larceny. d. Degree of legal problem during the conduct of investigation This study measured the degree to which arrests, searches, coercion, interview/interrogation, and corruption have posed legal problems during the conduct of investigation in a police department during the past five years. Response Options for each item were never=1, sometimes=2, usually=3, and always=4. e. Clearance rates as a performance indicator The importance of the clearance rate as a measure of individual investigator’s performance was measured by asking the question of how important clearance rates are in judging individual investigator performances. Response option were no importance=1, low importance=2, moderate importance=3, and high importance=4. f. Use of cold case unit The use of cold case unit was measured as a dummy variable; organizations were asked if they have any investigators who investigate old 85 unsolved crimes. Response option was either "yes” (1) or “no” (0). Also, the percentage of cold case that were cleared and the number of investigators who were assigned were measured. 9. Detachment from the public The public detachment scale in this study was constructed by summing the values for three items, which are conceptually related with each other, in the survey instrument. They were 1) the degree to which poor public relations is a problem which can impact the investigative functions in the agency; 2) the degree to which poor relations with the media is a problem which can impact the investigative functions in the agency; and 3) the degree to which public mistrust of the police is a problem which can impact the investigative functions in the agency. Response options for each item were never=1, sometimes=2, usually=3, and always=4. After compiling, the resulting scale ranged from 3 to 12. h. Case screening method The use of case screening method was measured with a dummy variable; organizations were asked if agency use case solvability factors to determine whether cases will be assigned. Response option was either “yes” (1) or “no” (0). i. Ownership of Automated Fingerprint lnfonnation System (A.F.I.S.) The ownership of A.F.I.S. was measured with a dummy variable; Only American police organizations were asked whether agency’s own A.F.I.S. provide the service (yes=1, no=0). Also, this study measured whether agency use a state administered A.F.I.S. (yes=1, no=0). and a federally administered A.F.I.S. (yes=1, no=0). In South Korea, all adult actual fingerprint is stored in a 86 national police file because they are required to do so in obtaining national identification card. Also, the police use a nationally administered A.F.I.S. j. Team policing approach In this study, team policing approach was categorized as the law enforcement oriented property, and measured with a dummy variable; organizations were asked if they assigned investigators to field level units (yes=1, no=0). Although the assignment of investigators to filed does not necessarily represent the original team policing model which are designed to cooperate with patrol officer, the area responsibility concept for investigators represents the team policing ideas. ‘ k. Task forces with other agencies The membership of task force was measured as a dummy variable (paticipant=1, non-participant=0). This study also included the measurement of what types of investigation task forces agency was involved in; response options were; 1) drug-related (yes=1, no=0); 2) specific case type (yes=1, no=0); and 3) specific case (yes=1, no=0). l. Crime laboratory service This study measured the extent to which crime laboratory services have affected the police criminal investigation output by measuring the service tum- around time. Agencies were asked how they would describe the average tum- around time; timely=1, somewhat slow=2, veryslow=3, completely inadquate=4. m. Community policing scale 87 The community policing scale in this study was constructed by summing the values for three items in the survey instrument which this study used. They are 1) the degree to which the task of community problem solving is carried out in investigating serious crimes; 2) the degree to which cases are prioritized based on local area problems in investigating serious crimes; and 3) the degree to which investigators work with citizens on community outreach in investigating serous crimes. Response options for each item were never=1, sometimes=2, usually=3, and always=4. After compiling, the resulting scale ranges from 3 to 12. n. Recording of police-suspect interrogation The recording of police-suspect interrogation was measured as a dummy variable. Response option was either “yes” (1) or “no" (0). Only American police organizations were asked; 1) if agency is legally required to record of police- suspect interrogation; 2) even if not legally required, whether agency routinely recorded by either audio or visual means interrogation of suspects. South Korean police were not asked this question because the practice of recording is unknown. 0. Collective bargaining unit for investigators The collective bargaining unit for investigators was measured with a dummy variable; organizations were asked if investigators are represented by one or more collective bargaining units. Response option was either “yes” (1) or “no” (0). Only American police organizations were asked, because South Korean police are not legally allowed to have police union. p. Requirement for education as a selection criterion 88 Both investigators and their supervisors’ education requirement as a selection criterion were measured; the use of education requirement scale was never=1, sometimes=2, usually=3, and always=4. q. Requirement for experience as a selection criterion Both investigators and their supervisors' minimum number of years of experience as a required selection criterion were measured; the scale was never=1, sometimes=2, usually=3, and always=4. r. Prosecutor relationship The police organizational relationship with prosecutor’s office in this study was represented by measuring; 1) whether police have a regular and continuing organizational relationship with prosecutor’s office aside from that required for warrants and arrest (yes=1, no=0); 2) whether prosecutor's office have its own investigative staff (yes=1, no=0), if so, whether they are assigned from police (yes=1, no=0). Also this study measured; 1) the extent to which local prosecutor’s office is consulted about an investigation prior to an arrest, other than for the purpose of obtaining a warrant; 2) the degree to which an insufficient advice, feedback, notice, and interference is a problem. The first question, the “consultation frequency" scale was neveF1, sometimes=2, usually=3, always=4, and the second question has the “problem” scale with none=1, slight=2, moderate=3, Iarge=4. 8. Organizational workload and weekly working hours 89 The former was operationalized with the number of reported crimes per investigator in an organization and the latter was measured by the average weekly working hours per investigator within an organization. Only for the South Korean police, the weekly working hours were asked. t. Community characteristics (rural / urban) The American rural characteristic of police organizational properties was measured by the population size in a department jurisdiction; rural=1, with people less than 50,000, and urban=0, with people 50,000 and more. In South Korean contexts, majorities of police department have the population of 50, 000 and more in a jurisdiction because the population size is an administrative requirement for opening a police department. Since the population size in the jurisdictions is not a good indicator of differentiating between rural and urban characteristics of police organization in the South Korean contexts, the government administrative criterion was used instead of the population size; when police is located with “Goon” which represent the small unit of administrative geographic boundary, the departments were coded as rural=1, and larger unit such as “Si" and “Cu” were considered as urban and coded urban=0. Thus, the coding scheme for two nations was so functionally equivalent that the cross-national comparison could be served without severe problems. 90 CHAPTER FIVE DATA ANALYSIS AND RESULTS For the comparability of the data between two nations, 44 state agencies were excluded from the total number of American respondents (N=1,746). Thus, the percentage shown in the descriptive frequency analysis were calculated on base values of 1,702 agencies for American results, and 223 respondents for South Korean results, respectively. Percentages reported were rounded to the nearest whole percent, and different number of respondents represent missing value. Descriptive frequency analysis was used to test Proposition 16. It was analyzed and presented in the graph and chart format for the purpose of visual comparisons. This method clearly demonstrates the cross-national comparative aspect of organizational properties between the US. and South Korea. Independent sample t-test, Chi-square test, and multiple regression were employed for testing the hypotheses which were generated in the previous chapter. Sample Characteristics in the Study Figure 1 shows the samples in this study were nationally represented in terms of geographical locations, although police departments in south region of the nations responded slightly more than departments in any other regions. Eighteen percent of the American sample comprised of police departments in Northeast, 30% in Midwest, 34% in South, and 17% in West. For the South Korean sample, 29% of the respondents was made of police departments in the 91 regions of Seoul/Gungki (Northwest), 21% in ChungChung/GangWon (Mideast), 31% in YoungNam (Southeast), and 19% Honam (Southwest). E3 Northeast Seoul/GungKi Midwest ChungChung/GangWon South YoungNam CI West El HON am US. South Korea Figure 1. Percentage of Police Agencies in the US. and South Korea by Geographic Location Figure 2 illustrates the characteristics of police organization in two nations. A majority of American police departments had small agency size, with the number of officers less than 100. Conversely, almost all of the police department in South Korea had more than 100 officers; only 1% of South Korean police departments is small size, having fewer than 100 officers. The number of medium sized police departments was also almost three times greater in South Korea than in the US. Twenty six percent of American police departments had 92 officers between 100 and 400 officers in the organization while 66% of South Korean police had so. U.S. South Korea Small (1-99) CIMedium (100-399) Large (400+)I Figure 2. Percentage of Police Agencies in the U.S. and South Korea by Departmental Size Figure 3 shows that the size of departments’ jurisdictions in both nations followed a similar pattern of agency size the above. Most American police departments had small population in their jurisdiction, with less than 50,000 people, whereas only 13% of Korean police departments had that size in their jurisdiction. In South Korea, the overwhelming majority was large cities with over 50,000 people in their jurisdiction; 87% of South Korean police had to work with large population. 93 Iz-EIRura1 (1 -4,999) DUrban (50,000+) U.S. South Korea Figure 3. Percentage of Police Agencies in the U.S. and South Korea by Population Size in Jurisdiction Comparison of Investigative Outcome As Figure 4 indicates, overall, South Korean police had much higher clearance rates than their American counterparts, with murder, rape, and robbery all over 95%. The larceny clearance rate in South Korea was 80%, but was still three times higher than the American clearance rate. The average clearance rates in the U.S. appear to be quite low; for murder and rape they were only about 69% and 51%, respectively. Also, only 36 % of reported robbery was solved in the U.S. 94 120 100 80 60 - :15»: 40 - it"? ‘97}? 20 — a g Murder Rape Robbery Larceny ID U.S E] South Koreal Figure 4. Average Clearance Rates in the U.S. and South Korea for Four crimes Interestingly, however, the difference of police investigative efficiency in murder, rape, and robbery, which is defined by total number of the cases cleared divided by total number of officers, was negligible between the U.S. and South Korea in Figure 5. More interestingly, for larceny, American police were at least three times more efficient than South Korean police. Another quite noticeable subject is, contrary to general public expectation, that police in both nations solved much less than one crime per each officer with murder (.01), rape (.07), and robbery (.14 in the U.S. and .05 In South Korea) in a year, although American police appeared to be a bit more efficient than their South Korean counterpart. Only for larceny, each American officer cleared more than 2 cases a year. South Korean officers did only .7 case annually. 95 2.5 1.5 0.5 001001 0-07 0-07 0“0.05 Murder Rape Robbery Larceny IU.S E] South Korea Figure 5. Organizational Investigative Efficiency in the U.S. and South Korea for Four Crimes Figure 6 indicates the degree to which American and South Korean police perceive “large” legal problems while conducting a criminal investigation. Interestingly, American police investigators did not perceive themselves as having serious legal problems during investigations, with only .4% experiencing legal problems with the use of informants, compared to 6% of South Korean detectives. Also, only .5% of American police has encountered large legal problems of while conducting a search, whereas 14% of Korean officers have suffered this difficulty. Almost no American police have had legal problems with corruption, the use of covert listening devices, or coercion, but 20% of South Korean police have legal difficulties with corruption, 22% with covert listening 96 devices, and 26% with coercion. Overall, South Korean officers perceived much greater legal problems during the course of an investigation. 6 Inform ant F ]14 Search E05 1‘ 20 Corrupt 0.2 I 22 Covert 0.2 Coercion 0.2 0 10 20 U.S E] South Korea Figure 6. Percentage of Police Agencies who Perceive Large Legal Problems in the U.S. and South Korea by Investigation related Activities An lnvestjgator Fogsed Comparison 3. Investigator selection As Figure 7 illustrates, in both nations, experience was judged to be more important than education in selection of investigators and their supervisors. The use of a minimum number of years of experience was always used three times higher than the use of education as a selection criterion. Only about 10% of American agency always considered college education as necessary for selecting an investigator and his/her supervisor, with experience being more important, with 35 - 40 % of agency agreeing. For South Korean police, less 97 than10% of agencies indicated that education was always used as a requirement, and about 30% responded that experience was more frequently used. Looking at education requirement for investigator in two nations, the percentages were the same. In both nations, 10% of police departments always required it in the selection of their investigators. But for investigators’ supervisors in the U.S., it was almost twice as high as South Korea; 12% of American police departments always used high education as an required selection criterion, while only 5% in South Korean police did so. U.S. U.S. South Korea South Korea investigator supervisor investigator supervisor IE1 Education IE Experiencej Figure 7. Percentage of Police Agencies who Always Use Education and Experience as Selection Criteria in the U.S. and South Korea for Investigator and lnvestigator’s Supervisor 98 b. An investigator evaluation The number of South Korean law enforcement agencies, which believe that clearance rates are very important, was twice as high as their American counterparts, as is evident in Figure 8. In the U.S. only 15% of law enforcement agencies considered clearance rates as a highly important performance measurement, while in South Korea 38% of law enforcement agencies held the view that clearance rates are highly important as a measure of performance. Almost no South Korean law enforcement agencies viewed clearance rates as not important, while about 6% of American police believed so. 38 25 a U.S. 20 CI South Korea High importance No importance Figure 8. Percentage of Police Agencies in the U.S. and South Korea by Importance of Clearance Rates as a Performance Evaluation 99 c. Recording of interrogation As to recording of police-suspect interrogations, 10% of American police departments were legally required to do so, and 64% of American law enforcement agencies routinely used audio or visual means. As the contrasting feature is demonstrated in Figure 9, in South Korea, verbatim reports are made by police interrogators. When the interrogation is finished, with suspect’s signature on the report, it leads to be admissible in court when the suspect does not deny any content in the report. 70 64 60 50 40 30 20 10 10 7/ 0 A5; U.S. Legally required Cl Routinely by audio/visual Figure 9. Percentage of Police Agencies in the U.S. who are Legally Required to Audio/visually Record Interrogations and those who Routinely do that 100 d. Police union As Figure 10 shows, 52% of police departments in the U.S. have a police union, while unions for police officers do not exist in South Korea. Very contrastingly, South Korean police investigator’s weekly average working hours was 80 hours, even without overtime payment. U.S. E] South Korea U.S. South Korea Figure 10. Percentage of Police Agencies in the U.S. and South Korea who have Police Union Organization Focused Comparison a. Case screening method It is shown in Figure 11 that about half of American police departments used the case screening method. But this method is officially unknown to South Korean police. 101 U.S. CI South Korea U.S. South Korea Figure 11. Percentage of Police Agencies who use Case Screening Method in the U.S. and South Korea Figure 12 shows the number of cold case units, assigned investigators, and their effectiveness. Only about 13% of South Korean police departments had a cold case unit. That number was more than twice as high in the U.S.; 37% of American police departments had a cold case unit. However, those numbers were reversed in the percentage cleared by the cold case unit; in the U.S., only 10% of the cold cases were cleared, while 37% of those cases were cleared in South Korea. The number of investigators assigned to the unit in South Korea was three times as high as the U.S.; 14 investigators were in the South Korean unit and 4 in the American unit. 102 Cold case unit % cleared # of investigator U.S CI South Korea Figure 12. Percentage of Police Agencies who have Cold Cast Unit, Percentage of Cold Case which were cleared previous year, and the Number of Assigned Investigator to Cold Case in the U.S. and South Korea Figure 13 also compares cold case unit types in the U.S. and South Korea. About half of the American police departments had the cold case unit for homicide only, while only 13% of South Korean police departments had it. In South Korea, most cold case units (79%) were focused on any serious crime. It was about twice as high as the number in the American police departments. However, for the cold case unit for serious crime against person, the unit was twice as high in the U.S. as in South Korea. 103 49 I Any serious crime B Any serious crime Homicide only Homicide only CI Serious person crime CI Serious person crime U.S. South Korea Figure 13. Percentage of Police Agencies in the U.S. and South Korea by Cold Case Unit for Crime Type As Figure 14 shows, in South Korea, only one quarter of police agencies has involved task forces while two third of the American police agencies have joined investigation task forces during the past 12 months. 104 IU.S. USouth Korea U.S. South Korea Figure 14. Percentage of Police Agencies in the U.S. and South Korea who Involved Task Forces during the past 12 months However, as Figure 15 compares investigation taskforce types in the U.S. and South Korea, the number of American police departments with taskforce membership was overwhelmingly dnJg-related (94%). It was about three times as high as the number in South Korean police departments. In South Korea, most taskforces were focused on specific cases such as a single murder (93%), with the number of taskforce membership twice as high as their American counterpart. For specific case type of taskforce, the membership was also twice as high in South Korea as in the U.S. 105 l 29 Drug related ,,. . -' , 94 Spegific crse 93 ex s1n e .. 1.... T g 1 ~41 murder I.. ._.... .... ...- Specifice case 61 type ‘,u. 532 0 20 40 60 80 100 U.S E South Korea Figure 15. Percentage of Police Agencies in the U.S. and South Korea by Investigation Task forces Types Regarding the relationship between police and prosecutor, more than two third of South Korean prosecutor office appear to have its own investigative staff. And about half of them assigned their investigators to prosecutor office as those investigative staff assisting prosecutor's criminal investigations. In the U.S., 62 % of the American responded police department reported that they have their own investigative staff, but only 10 % of them indicated they are assigned from police departments. As Figure 16 shows, the number of American police departments which assigned their investigators to prosecutor’s Office was much less than their South Korean counterpart. 106 Prosecutor own staff Assigned from police IE U.S E] South Korea Figure 16. Percentage of Prosecutor’s offices who appear to have their Own Investigators and Percentage of Police Agencies who Assign their Investigators to Prosecutor’s Office in the U.S. and South Korea However, as is evident in Figure 17, American police departments appeared to more frequently interact with prosecutor’s office than their South Korean counterpart in the process of criminal investigation. About 76% of police departments in the U.S. had regular relations with prosecutor, whereas less than half of South Korean police had such a relationship. Regarding homicide consultation with prosecutor’s office, American police interacted with it as twice frequently as South Korean police did. Also, American police had slightly more consultation with prosecutor’s office than South Korean police regarding serious 107 personal and property crimes. In the homicide case, 51% of law enforcement officers in the U.S. indicated they always consult with prosecutor’s office prior to an arrest, compared with 27% in South Korea. Concerning serious personal crimes, the figures are less divergent, with 21% of American officers claiming they always consult with the prosecutor, and 17% of South Korean officers. In cases of serious property crime, the numbers were almost identical, being 13% of American officers consulting with prosecutors, and 11% of South Korean police agencies. 100 60— 40- 21 i 1 1 Regular M urder Person Property relations crime crime IE3 U.S E] South Korea] Figure 17. Percentage of Police Agencies in the U.S. and South Korea who have Regular Relationship with and who Always Consult with Prosecutor‘s Office Prior to an Arrest by Crime Type 108 In these interactions with the prosecutor’s office, there were inevitably problems in both nations, but they were interpreted more severely by South Korean officers. As Figure 18 demonstrates, the problem of insufficient feedback and insufficient notice from prosecutor’s office was approximately twice and three times as high in South Korea, respectively, compared to the U.S. And most noticeably, only 2% of American police departments recognized that their criminal investigation was interfered with by prosecutor’s office, while 13% of Overall, South Korean police departments felt prosecutor’s interference with police investigation. South Korean police perceived much more problems with prosecutor’s office than American police. 30 27 25 20 20 15 ‘3 10 4 5 J ,r. Insufficient Insufficient Insufficient Interference Feedback Notice Advice U.S CI South Korea Figure 18. Percentage of Police Agencies in the U.S. and South Korea by Type of Relational Problems with Prosecutor’s Office 109 As shown in Figure 19, in the U.S., 83% of law enforcement agencies used state A.F.I.S. service. Only 24% of law enforcement agencies had their own A.F.I.S. service and 21% used federal AFIS service. In contrast, all South Korea police use a national AFIS service. Because the print of the right thumb of all adult in South Korea is required to placed on their national identification card, the fingerprints are stored in a central computer data base in the Korean National police headquarter. 90 80 70 60 50 40 30 20 10 U.S. Own [:1 State Federal Figure 19. Percentage of Police Agencies in the U.S. by Use of A.F.I.S. Service Interestingly, Figure 20 shows that overall community policing strategies appeared to be used more often than in South Korea than in the U.S., although their integration into detective work was not remarkable in both countries. Only 110 2% of both American and South Korea police worked always with citizens on community outreach for solving crimes. Less than 10% of the law enforcement agencies in the U.S. and South Korea always solved community problems as part of police criminal investigation. The most often used community policing strategy in criminal investigation in both nations was the prioritization of cases based on local area problem. It was higher in South Korea (30%) than in the U.S. (21%). 35 30 30 25 21 20 M 15 9 10 6 5 - .... .. r1 2 2 0 ._- I ' ‘ I [-31. a 1 Problem solving Prioritize local Community area problem outreach EUS. CI South Korea Figure 20. Percentage of Police Agencies in the U.S. and South Korea by Integration of Community Policing into Detective Work Also, Figure 21 shows that South Korean police assigned much more investigators in the field unit than their American counterparts. Twenty seven percent of police departments in the U.S. assigned investigators to the field, 111 while 60% of South Korean police departments did so. In South Korea, about 3,000 police box (police mini-station) is often used for assisting investigators’ activities in its jurisdiction. 70 60 60 50 40 HUS. E] South Korea U.S. South Korea Figure 21. Percentage of Police Agencies in the U.S. and South Korea who assign Investigators to the Field In spite of this higher prevalence of community policing and team policing approach in South Korea, Figure 22 demonstrates that South Korean police perceived problems with the public much more than American police. Judging public mistrust, almost all of South Korean police felt that the public does not trust them, while about 58% of American police did so. For poor public relations, also half of American police perceive they have a problem, while 71% of South 112 Korean police felt so. The different police perceptions toward the public almost doubled regarding poor public relations; 44% of the American police believed they have poor relationship with media, while 82% of South Korean police department perceived so. Overall, American police officers appeared not to think they have as great a mistnist of the public, poor rapport with media, and a lack of faith in the public's judgement as South Korean officers. 100 90 80 70 60 50 40 30 20 10 Public mistrust Poor relations Poor public with media relation U.S CI South Korea Figure 22. Percentage of Police Agencies in the U.S. and South Korea by Perceived Problem with the Public Figure 23 shows that a greater percentage of the police in the U. S., 24%. reported a "timely" turn-around time for crime laboratory services than those in South Korea, 12%. However, a larger proportion of police agencies in South 113 Korea, 72%, evaluated turn-around service in crime laboratories as "somewhat slow" than those in the U.S., 49%. Such service in both countries was almost equally considered completely inadequate, 3% in the U. S. and 1% in South Korea. Overall, evaluation of support services for investigation is less than positive in South Korean than those in the U.S. 3 l 24 12 16 24 49 72 Inadquate a: Inadquate Very SIOW Very slow ISomewhat slow ISomewhat slow DTimely CITimely U.S. South Korea Figure 23. Percentage of Police Agencies in the U.S. and South Korea by Perceived Turn-Around Time for Crime Lab Service 114 Rural/Urban Areas Focused Comparison In order to test Hypotheses 1a, 1b, 1c, 1d, 1e, 1h, and 1], a T-test was conducted at the .05 statistical significance level. The mean differences between rural and urban areas were examined with respect to the organizational properties. Since the theory of rural/urban characteristics can predict the directions of the relationship, a one-tail test was used. Also, a Chi-square test was used to examine whether or not police organizational properties, which were measured with nominal variables, were dependent on rural/urban areas; they are Hypothesis 1f, 10, ii, and 1k. As the results of simple t-test shows in Table 1 and Table 2, American police departments in rural and urban areas were statistically different from each other except for community policing activities at the .05 significance level. In contrast, in South Korean contexts, not many police organizational properties between rural and urban departments were as statically different as in American contexts. Only regarding police investigative efficiency, which was defined by total number of cleared crime against person divided by total number of officer in a organization, and police detachment, South Korean urban police departments had higher mean value than their rural counterparts. Interestingly, in the both nations, although the rural departments had higher clearance rates of crime against person than urban departments, the mean value of investigative efficiency was the opposite; rural police appeared to be less efficient. As Table 1 shows, In the U.S., police departments in urban areas viewed the clearance rates as an important measurement of performance 115 more seriously than the police department in rural areas. But they appeared to be more significantly detached from the public than their rural counterparts. Also, they tended to less frequently interact with and to have, unexpectedly, less serious problems with prosecutor’s office than rural police departments. Table 1. Mean Clearance Rate and Organizational Investigative Efficiency and Mean Scale Scores on Various Organizational Properties in Rural/Urban Police Agencies in the U.S. Rural Urban t-value Sig Clearance rates 45.8 35.4 7.22 .000 Cleared/ Officers .16 .36 -13.68 .000 Detachment 4.7 4.9 -2.80 .005 Consultation-Prosecutor 2.8 2.4 7.74 .000 Problem-Prosecutor 1.9 1.8 2.02 .043 Community policing 6.9 6.9 .34 .734 Importance of cI rates 2.7 2.9 -4.87 .000 Table 2. Mean Clearance Rate and Organizational Investigative Efficiency and Mean Scale Scores on Various Organizational Properties in Rural/Urban Police Agencies in South Korea Rural Urban t-value Sig Clearance rates 93.5 88.6 1.75 .082 Cleared/ Officers .08 .15 -10.29 .000 Detachment 6.45 7.14 -2.12 .036 Consultation-Prosecutor 2.27 2.10 .82 .413 Problem-Prosecutor 1.78 1.85 -.51 .610 Community policing 6.70 7.12 -1.72 .087 Importance of cl rates 3.25 3.31 -.74 .464 Similarly, Table 3 and shows that many police organizational properties in the U.S. were statistically related to rural/urban areas at the .05 significance 116 level. In South Korea, the team policing approach was statically associated with the rural/urban areas as shown in Table 4. With respect to police union and case screening method, a Chi-square test was not performed for the South Korean data because police departments in South Korea do not have such policies. As the Chi-square test in Table 3 indicates, American police organizational properties, including case screening method, AFIS ownership, team policing approach, and police unionism was significantly dependent upon the rural/urban characteristics of jurisdictions. Table 3. Chi-Square Test for Organizational Properties by Rural/Urban Areas in the U.S. Rural Urban total Police union“ Yes 387 312 699 47.5% 58.2% 51.7% No 428 224 651 52.5% 41.8% 48.3% Case screening* Yes 364 355 694 35.8% 66.2% 53.7% No 653 181 664 64.2% 33.8% 46.3% Team approach* Yes 153 197 350 18.9% 36.6% 25.9% No 658 341 999 81.1% 63.4% 74.1% AFIS ownership* Yes 62 228 284 7.5% 48.4% 22.4% No 761 243 860 92.5% 51.6% 77.6% *Significant at (p < .05) 117 Table 4. Chi-Square Test for Organizational Properties by Rural/Urban Areas in South Korea Rural Urban total Team approach* Yes 48 49 97 64.0% 36.6% 46.4% No 27 85 1 12 36.0% 63.4% 53.6% *Significant at (p < .05) Evaluative comparison on the Organizational Properties In order to test Hypothesis 2 through Hypothesis 2b-7, a multiple regression models were built for the American and South Korean data, respectively. The rural/urban areas, organizational workload, and weekly working hours were used as control variables. Since the weekly working hours in the U.S. was not asked, it served as a control variable only for the South Korean data. When the set of explanatory variables and police investigative effectiveness are differently related in the United States and South Korea, the crucial variable explaining this difference may be revealed. If the slope of the regression lines differ from each other (U.S. and South Korea), the interpretation is shifted to the level of social systems and social contexts in which police policies are embedded. In Table 5 and Table 6, the variables were grouped according to the type of organizational properties which were addressed previously, and results from the ordinary least squares (OLS) regression are presented. Table 5 presents the 118 results of the regression analysis explaining the variances of cleared crimes against person and Table 6 indicates that of crime against property. In order to assess the multicollinearity problem, several methods employed. After converting a dependent variable to a natural logarithm, which was total number of cleared crime against person and property, none of the tolerance values was approached zero, nor was the variance inflation factor (VIF) higher than 10. This meant that there was not a high degree of collinearity or multicollinearity among the independent variables. Also, the proportion of variances of coefficients did not exceed the .90 threshold, indicating concerns regarding muticollinearity were unwarranted. The Q-Q plot of the residuals also showed the points falling on the straight line, indicating the residuals were normally distributed, after the transformation of the data by using the natural log in the regression model. Thus, as Table 5 and Table 6 shows, the American regression model explained 59.2% and 56.8% of the variability in the log of cleared crime against person and property, respectively. The South Korean model explained the 66.8% and 68.3% of those variations, respectively. In the American model for crime against person in Table 5, all variables of “enforcement” type of organizational properties, except for the timely crime lab service, had statistically significant positive effects, whereas most of the “liberal policing oriented” variables had negative influences. In the South Korean model in Table 5, these dichotomous patterns were not found. On the contrary, some “enforcement” oriented properties showed negative directions and some “liberal” oriented properties 119 indicated positive directions, although they were not statistically significant. In the model of crime against property in Table 6, these features were also identified. In both countries, the importance of clearance rates as a performance evaluation led to clearing more cases. In other words, the emphasis on clearance rates resulted in increase in the total number of cleared crimes against both person and property, holding other factors constant. As Table 5 and Table 6 show, the education requirement for supervisors had negative influence on clearing crime against person in the U.S. and crime against property in South Korea. For the American police, the cold case unit, the detachment from the public, the use of case screening method, the ownership of A.F.I.S., implementation of team policing approach by assigning detective to field, and the department’s membership in task forces significantly affected the increase in clearing both crime against person and property. Regarding police-prosecutor relations, Table 5 and Table 6 shows that the more police interacted with prosecutor’s office and the greater the perception of relational problems, productivity of crime solving was more likely to be smaller. However, in South Korea, the police-prosecutor relationship did not affect investigative outcome. Interestingly, although they were not statistically significant in the South Korean models, the direction of Beta for weekly working hours in solving crime against person (Beta=-.017) and property (Beta=-.048) indicates that the more police investigators worked the less productive they were. The dichotomy of rural/urban areas, in this study, was used as a controlling variable. In both 120 nations, when police department jurisdictions had rural characteristics, its effect on productivity on solving crime was significantly negative (Beta=-.454, Beta=- .457 in the U.S. and Beta=-.637, Beta=-.744 in South Korea). Table 5. Regression Results of Cleared Crime against Person on Police Organizational Properties in the U.S. and South Korea U.S. (N=713) Korea (N=1 19) B Beta Sig B Beta Sig Enforcement oriented properties Importance of clearance rates .057 .053 .035 .087 .127 .024 Cold case unit .102 .065 .011 -.053 -.041 -.474 Detachment from the public .062 .125 .000 .026 .128 .021 Case screening method .131 .086 .001 A.F.I.S. ownership .328 .194 .000 Team policing approach .147 .086 .001 -.070 -.078 .162 Task forces .125 .072 .005 -.025 -.025 .668 Crime lab service .031 .017 .494 .084 -.061 .279 Liberal oriented properties Community policing approach .008 .016 .538 .012 .043 .493 Requirement of recording -.116 -.044 .067 Collective bargaining -.050 -.033 .183 Edu, requirement-investigator -.035 -.043 .154 .013 .024 .706 Edu. requirement- supervisor -.051 -.065 .032 -.043 -.087 .182 Prosecutor consultation -.063 -.071 .004 .002 .005 .928 Prosecutor’s advice problem -.092 -.091 .000 .017 .037 .537 Organizational workload Weekly working hours -.000 -.017 .766 Reported crime/investigator .001 .205 .000 .005 .174 .016 Rural/urban areas -.693 -.454 .000 -.595 -.637 .000 R-square value .592 .668 F value 61.880 .000 17.949 .000 121 Table 6. Regression Results of Cleared Crime against Property on Police Organizational Properties in the U.S. and South Korea U.S. (N=761) Korea (N=119) B Beta Sig B Beta Sig Enforcement oriented properties Importance of clearance rates .066 .064 .010 .097 .134 .015 Cold case unit .077 .051 .044 -.017 -.012 .824 Detachment from the public .026 .056 .022 .019 .092 .087 Case screening method .129 .089 .001 A.F.I.S. ownership .210 .129 .000 Team policing approach .156 .095 .000 -.007 -.008 .884 Task forces .168 .104 .000 -.057 -.052 .351 Crime lab service -.016 -.009 .718 .028 -.061 .614 Liberal oriented properties Community policing approach -.007 -.015 .563 .003 .011 .861 Requirement of recording -.106 -.043 .077 Collective bargaining -.045 -.031 .212 Edu. requirement-investigator -.065 -.085 .004 .031 .054 .375 Edu. requirement- supervisor .002 .002 .945 -.070 -.135 .031 Prosecutor consultation -.049 -.054 .029 -.017 -.038 .499 Prosecutor’s advice problem -.060 -.063 .011 .048 .097 .087 Organizational workload Weekly working hours -.000 -.048 .380 Reported crime/investigator .001 .261 .000 .001 .027 .699 Rural/urban areas -.666 -.457 .000 -.734 -.744 .000 R-square value .568 .683 F value 59.662 .000 19.192 .000 The results of testing propositions and hypotheses in this chapter are summarized in Table 7, Table 8, and Table 9. 122 Table 7. Summary of Results 1: Descriptive Comparison Between the Nations Proposition OJCfl-wad Table 8. Summary of Results 2: Comparison of Rural/Urban Areas Within the Result Supponed Supponed Suppoded Supponed Supponed Supponed Nations: A Cross-national Perceptive Hypothesis U.S. South Korea 1a Supponed Notsupponed 1b Supponed Supponed 1c Supponed Supponed 1d Supponed Notsupponed 1e Supported oppositely Not supported 1f Supponed - 1g Supponed - 1h NotSupponed Notsupponed 1i Supponed Supponed 1j Suppofled Notsuppofled 1k Supponed - 123 Table 9. Summary of Results 3: Evaluative Comparison of Police Policies Between the Nations Hypothesis U.S. South Korea 2 Supported Supported 2a-1 Supported Supported 2a-2 Supported Supported in person crime 23-3 Supported Not supported 2a-4 Supported - 2a-5 Supported - 23-6 Supported Not supported 2a-7 Supported Not supported 2a-8 Supported Supported 2b-1 Not supported Not supported 2b-2 Not supported - 2b-3 Not supported - 2b-4 Supported Not supported 2b-5 Supported in person crime Supported in property crime 2b-6 Supported Not supported 2b-7 Supported Not supported 124 CHAPTER SIX DISCUSSION AND CONCLUSION The study of police criminal investigation does not simply entail learning about practical techniques to solve crime. Nor is it merely about analyzing legal technicalities within the criminal law process. Rather, the primary concern is studying how social control agents, especially police investigators, label and resolve human conflict and how in each society they define and construe criminal action. In certain Islamic nations, to offer an extreme example, the practice of Christianity is a serious crime, and investigators in these nations apply certain rules in order to bring a criminal case against the offender. Possession of a Bible and Christianity-related materials and remarks serve as key evidence that the ‘crime' occurred (New York Times, Aug, 30, 2001, A22). In many Asian countries, to cite another graphic example, the ‘crime’ of adultery receives a great deal of public attention. Adultery is defined according to criminal codes and cases are officially processed by detectives. These cases illustrate in especially graphic ways how police criminal investigations are embedded in their environments, influenced by national cultures, societal values, and the local ethos. The purpose of this research was to compare police investigation processes between the U.S. and South Korea. More specifically, this study aimed at understanding how macro-system variables influence police investigative policies and examined whether local ways of life, as a exo-system variable, have significant impact on police investigative practices both in American and South Korean contexts. This research also sought to discover the 125 extent of the relationship between police practices and their effectiveness, such as the number of cleared cases, in the two nations. Overall, the results in this study showed that; 1) there were more differences than similarities in police investigative practices between the U.S. and South Korea; 2) the influence of rural/urban areas on police investigation practices appeared to be greater in the U.S than in South Korea; and 3) certain organizational characteristics—those operating within an “enforcement” orientation—were effective, but that other styles of policing—especially those with a more “libertarian” orientation—tended to be counterproductive to clearing cases in both nations, although this pattern was more conspicuous in the U.S. than in South Korea. With the above research goals in mind, this chapter discusses the overall findings, considering contextual differences of police investigative environments in the U.S. and South Korea. Possible explanations for the differences in investigative practices and outcomes between the two nations are offered in this chapter. Although specific macrosystem environments, including a national culture and historical events, were not quantitatively measured in this research, the nation-state itself is necessarily a decisive context so that different national regimes may represent their unique culture and history (Linda, 1996). In this cross-national comparative research, the nations (the U.S. and South Korea) were neither a unit of analysis nor object of study. Rather, the two nations are “contexts” (Kohn, 1987; Scheuch, 1967) used as the vehicle for qualitatively understanding how a police core mission—that is criminal investigation—is 126 carried out in different national contexts. In fact, one of the greatest difficulties in cross-national comparative study may be the interpretation of the results (Kohn, 1987; Slomczynski, 1981). When one finds cross-national differences, it may not be clear what crucial factors can account for the difference (Kohn, 1987). The best strategy is to resort to system level variables such as national settings, cultural patterns, and elements of contexts (Przeworski & Teune, 1970). Using this process, a comparative study can be advantageous to the discovery of theory from data (Glaser, 1967). Since a conceptual tool for systematic comparisons and explanations of police crime solving missions in this study was built mainly upon a human ecological model, which emphasizes broader social contexts such as national characteristics (Bronfenbrenner, 1979), one scope of discussion is primarily focused on a macro variable. Due to the lack of previous research about police organization and criminal investigation from a cross-cultural or comparative perspective, especially about American and South Korean police, some explanatory statements, when necessary, are based on the author’s observations of and participation in American and South Korean police departments as an intern and an criminal investigator, respectively. Iflflgence of Macro-System on Police Investigation in the LLS. and South Korea The detective's working environment is multifaceted and intertwined with many components of societal behavior. As Bronfenbrenner‘s ecological model shows, not only the microsystems of a person (detective) but events or human relations outside of the detective's immediate frame of reference represent 127 important social environments; these may be demarcated by national (macrosystem) as well as rural/urban boundaries (exosystem). Macrosystem environments, for example, a national culture and history, may go a long way in accounting for differences between American and South Korean criminal investigation processes. As the descriptive results in this study revealed, South Korean police were more likely to emphasize clearance rates as a performance measurement, to focus large organizational efforts to solve crime, to integrate community policing principles into detective work, and to have higher clearance rates than American police. However, South Korean police were also more likely to have greater legal problems during a criminal investigation and to be more detached from the public than their American counterparts. Interestingly, South Korean investigative productivity was not higher than American productivity. Concerning police- prosecutor relationship, it was shown that South Korean police were less likely to interact with the prosecutor and more likely to have relational problems than their American counterparts, even though South Korean Criminal Process Law requires frequent interactions through prosecutors’ close supervision of police criminal investigations. Possible explanations, which can account for these differences between the two nations, are suggested below. a. Importance of clearing cases It was shown that South Korean police supervisors put more emphasis on clearance rates as a performance measurement than their American counterparts. In South Korea, there may be extremely strong social and 128 organizational pressures exerted on the police to solve crime. When the police fail to demonstrate their ability to catch criminals, The South Korean media are severely critical. In specific instances, the media may focus on the police lack of success until the crime is finally solved. In contrast, in the U.S., a low clearance rate seems to be more easily accepted by the public, raising less social concern, unless cases involve celebrities such as a sports star, an actor, a rich businessman, or a politician. For police themselves, as this study showed, only a small percentage of American departments considered clearance rates as a highly important measurement of investigative performance while more than one third of South Korean police did so. Also, in the case of forming a cold case unit, American police assigned fewer investigators to the unit than the South Korean police did. This may be because the localized nature of American law enforcement agencies does not necessarily reflect on the police as a whole, so that the inability of a given police department to solve a crime may not be interpreted as a failure of the entire police system in the nation. In contrast to the American context, one department's incompetence to solve crime in South Korea is usually considered to be a weakness of the entire national police. When clearance rates are below acceptable values, the South Korean police often launch draconian campaigns, periodically sweeping up hundreds of suspicious people for interrogation. Also, as this research showed, the South Korean police have a policy of solving “all” crimes, whereas about half of American police departments used formal case screening methods to exclude “unsolvable" cases from investigation (Bizzack, 1991). What is more, it was shown that an emphasis 129 on cold case units in South Korea applied to any serious crime, while in America such units tend to concentrate only on serious crimes against the person, especially homicide. Clearly, South Korean police appear to put a greater priority on their responsibility for catching criminals than American police do, perhaps due to greater social and organizational pressures. b. Selection and status of detective It was shown that only a few agencies in both nations always required a college education for their investigators or supervisors. Also, in both American and South Korean police agencies, investigative experience was generally seen as a more important criterion than education. But the reasons why education is not seen as a critical matter may be different between the U.S. and South Korea. In the U.S., the investigator is generally considered to be of a higher rank than a patrol officer (Cohen & Chaiken, 1987). In addition, American investigators are considered to be an elite group in many, especially large, organizations and they take great pride in this (Cohen & Chaiken, 1987). This comparatively high status is reflected by the fact that they usually work during the day and wear a suit with gentlemen's shoes. In contrast, in South Korea, an investigator title is not a rank. Detective work is regarded as the hardest assignment in an officer's career. South Korean Investigators also have to work night shifts. They are expected to wear casual clothing and sport shoes in order to be able to run more quickly so as to catch criminals at any time and in any location. Oftentimes, a certain level of ability in the martial arts is seen as a requirement for a South Korean detective, and, on a 130 regular basis, a master of martial arts is recruited as a new criminal investigator. Therefore, a formal, academic education is not necessarily seen as a requirement for being selected as an investigator in South Korea. For the American police, though, a detective has already attained an advanced rank; only a minority of American police departments requires that an investigator have a college education. 0. Community policing in detective work and public detachment Due to the influence of American scholarship and research agencies like the National Institute of Justice (NIJ), many countries now share the concepts and programs of “community policing." Indeed, some countries are even making wholesale attempts to transplant American models of "community policing” or variations on "broken windows" approaches (Wilson & Kelling, 1982). Surprisingly, in was shown that integration of community policing strategies in criminal investigation, such as prioritizing cases based on local area problems and solving community problems as part of criminal investigation, were used more in South Korea than in the U.S. Nonetheless, it was also revealed that public mistrust, poor public relations, and poor rapport with media appeared to be much greater in South Korea than in America. Why do South Korean police appear to be more detached from the public although they seem to be very familiar with and employ more of the concepts and the managerial language of community policing than their American counterparts? The answer may underscore the way in which motivations for implementing community policing vary according to each nation's social 131 environment and national security considerations. Although South Korean police have always upheld a community oriented model of policing, emphasizing morality and peace in a community, grounded in six hundred years of Korean Confucian philosophy, their version of “community policing” may be quite different from that of their American counterparts. In other words, in the South Korean context, community-policing activities have been misused, serving as watchdog activity against political dissent. South Korean police even use pro- police citizens to watch and listen for politically deviant groups' remarks and behavior, including radical labor organizations, left-wing student associations, and opposition political groups, as a part of national security matters. The focus of South Korean community policing is on the interests of the police or government themselves, not on public benefit, as it is said to be in America. Because the police in South Korea have been used for political purposes throughout modern history, they retain a certain negative public image to this day. Some of this is grounded in Korea’s history of imperial domination. During the Japanese colonial period (1910-1945), Japan used its police force to suppress the emancipation movement and to catch Korean political activists (Cumings, 1997). Japanese police were extremely violent and severely harassed the Korean people. The major role of the police investigator at that time was to collect information about how South Korean people thought and what they discussed (Yoon, 1990). After World War II and the Korean War, when a new South Korean national regime was born, the police had to be the eyes and ears of the government, to watch over the public, because of the continued threat of 132 terror and espionage activities by North Korea (Yoon, 1990). Throughout the turbulent events leading to democratization in the 19803, the South Korean police remained firmly on the side of government (Yoon, 1990). They used tens of thousands of tear-gas canisters almost every day handling riots; this aggressiveness resulted in a great deal of public disfavor (Oberdorfer, 1997). The single most significant event which resulted in distance between the public and the police during the period of political turmoil in 19805 was the death of a college student, a leader of a radical student organization, in a police interrogation room. Since the student was suspected of a political crime, he was interrogated by police officers. When the student refused to confess, he was tortured in a bathtub, resulting in his sudden death. The police falsely claimed that the incident was an accident, caused by a chronic health problem and had nothing to do with any police practice during the interrogation. However, a forensic pathologist later testified that the cause of the death was directly related to police torture. These highly negative collective memories, throughout the history of the police-public relationship, have left scars that are still visible in South Korea. This is not to say, however, that the relationship of the American police with the American public has never been beset by such problems. Community policing efforts in the U.S. may have helped (Radelet & Carter 1994 ;Skogan 1994; Trojanowicz 1978). There may be relatively little discrepancy between community policing “on paper’ and “in action’ in the U.S., as compared to the South Korean situation. 133 d. Police prosecutor relationships This study found that a greater number of South Korean police departments assigned investigators to the prosecutor‘s office than was the case in America. But it was shown that South Korean police appeared to less frequently interact with the prosecutor’s office than their American counterparts. Also, South Korean police perceived larger problems with prosecutor's office than their American counterparts. Unlike the U.S, South Korean prosecutor’s offices are not local agencies; rather, they are part of a hierarchical national legal system. Prosecutors are not elected officials as in America. Nevertheless, American and South Korean prosecutors may have in common a sense of almost unlimited discretion as to whether a particular case should be dropped or prosecuted (Cole, 1970; Kades, 1997; Walker, 1 993). However, many contextual contrasts can be noted with regard to the relationships between police and prosecutor’s office, which may account for the different results in the U.S and South Korea. Unquestionably, South Korean prosecutors” authority over police investigators is much greater than their American counterparts. For instance, police investigators in South Korea are legally obligated to report all cases to prosecutors whenever they begin or close any criminal investigation. Furthermore, prosecutors in South Korea can administratively order the Police Chief to replace detectives when it is necessary for directing on—going criminal investigation. They can also order the police to submit any investigation related documents to them and they have the authority 134 to reinvestigate all cases themselves, even cases that the police have already closed. In addition, a verbatim report of interrogation made by a prosecutor has much more evidentiary power than the report by police investigator. A verbatim report, which is made by a police interrogator and signed by the suspect, becomes admissible evidence in the courtroom only when the suspect does not deny any of the report’s content. However, when a verbatim report of interrogation is made by a prosecutor, it is admissible as evidence even in the face of a suspect's denial of his/her confession or the veracity of any other statement. South Korea’s “Criminal Process Law” goes so far as to specify that every police criminal investigation should be placed under the authority of the prosecutor. Despite this great amount of power, however, South Korean prosecutors are unable to do their work without the assistance of the police, because the total number of prosecutors is only about 1,200. Without the full cooperation and support from police investigators, the workload of the South Korean prosecutor would quickly become entirely unmanageable. Therefore, a much greater number of South Korean police departments (49%) were shown to assign investigators to the prosecutors than their American counterparts (10%). In South Korea, this practice is often requested by the prosecutor’s office. Interestingly, in spite of legal mandates and the larger number of police investigators assigned to prosecutor's offices in South Korea, the interaction between police and prosecutor’s offices appeared to be less frequent and the degree of their relational problems seemed to be larger in South Korea. In 135 general, South Korean police investigators see themselves, to be blunt, as slaves and the prosecutor as master, because they think that all investigative work is done by the police alone but in return they receive only excessive bureaucracy over their investigation from prosecutor’s office. This police “emotional landscape” may be attributed to the perception of “prosecutor intrusion on their autonomy or turf” (Johnson, 2002). Indeed, in this study, it was shown that the mentality of interference on “turf” among South Korean police investigators stood in sharp contrast to that of their American counterparts. In the U.S., police and prosecutor’s offices accept their different roles and interact under a much different framework to achieve mutual professional goals, although some conflicts exist (Jacoby, 1980). Also, American prosecutors, unlike South Korean prosecutors, may tend not to behave as authoritative commanders; rather, they may be only consultants. In South Korea, however, the vertical and authoritative police-prosecutor relation that exists may make police perceive more problems with prosecutor’s office than their American counterparts. Perhaps this sentiment discourages South Korean police from frequent interactions with prosecutor's office. e. Legal problems and organizational efficiency It was shown that South Korean police perceived more serious legal problems during investigations than their American counterparts, although the former had much higher clearance rates than their American counterparts. The difference of police investigative efficiency in murder and rape, (defined as the total number of cases cleared divided by the total number of officers) was found 136 to be negligible between the two nations. Interestingly, for robbery and larceny, The South Korean police were three times less efficient than American police. Why do South Korean police appear to be less efficient than American police in clearing cases despite their much higher clearance rates than their American counterparts? Why do South Korean police have greater legal problems than American police? Possible answers can be suggested from the differences in legal cultures and national security matters, which are, in fact, important macro- system variables making clear distinctions between the U.S. and South Korea. With regards to the low investigative efficiencies in South Korea, despite the high clearance rates, four possible explanations can be suggested; police agencies’ national security duty, little use of patrol officers in criminal investigation, excessive bureaucracy, and an “all crime” resolution policy. Firstly, it may be true that different national security concerns were one of the distinctions between the two nations before the event of September 11. Americans have seldom experienced a sense of national insecurity from outside invasion, Pearl Harbor and the event of September 11 being quite notable exceptions. Geographically, the countries along the U.S. border, Canada and Mexico, may be friendly; they have not militarily threatened the U.S. In contrast, South Korea has long faced a highly tangible threat from North Korea. As a result, The South Korean police are required to perform national security related activities as one of the most important police mandates, as described even in the South Korean Police Activity Law. This means that South Korean police often have to divert their investigative resources to national security related activities. 137 In contrast, in the U.S., before the September 11 terrorist attack, police officers, especially criminal investigators, were able to concentrate on handling day-to-day crime and quality-of-Iife-violations, rather than putting a high priority on guardianship and intelligence processing. American police are now confronted with a new era, in which it is necessary for them to be vigilant in new ways. Now, many American police find themselves confronted with brand new, never-before- anticipated assignments, which, for the South Korean police, are common routine activities. Indeed, as South Korean police investigators often had to serve a national urgent need, for instance, to protect entrances to government buildings, utility plants, and other potential targets, they could not devote their time exclusively to criminal investigation as American police could. The additional mandate of national security, demanded by the societal need to safeguard a country's security, may negatively affect overall police investigative efficiencies in South Korea. Secondly, the role of South Korean patrol officer in a criminal investigation process may be related to low organizational efficiency. South Korean patrol officers do not become nearly as involved in solving crimes as their American counterparts. The radio communication system of police departments is shared by mobile detective teams in South Korea, ready to respond to violent crimes. Even when patrol officers arrive at a crime scene first in South Korea, their role is usually limited to activities that take place on the crime scene and is not extended to further investigative activities. Unlike American police, South Korean patrol officers’ activities are primarily focused on foot patrols within the 138 jurisdiction of the police box (mini-station) to which they are assigned. Because patrol officers in South Korea seem to be relatively ‘underused,’ as compared to their American counterparts, their contribution to clearing cases become smaller. Thus, the overall investigative efficiency of South Korean police was lower than their American counterparts. ’ Thirdly, one possible reason why South Korean investigators had low levels of investigative efficiency, as compared to American police, may be related to a great amount of additional organizational duties for South Korean investigators. For instance, a number of cases which are reported directly from the public to the prosecutor's office or investigated by the prosecutor's office itself must also be handled by the police; police investigative workloads become unexpectedly heavier as a result of this type of case assigned from the prosecutor’s office to the police. Oftentimes, South Korean detectives are seen as working for or on behalf of the prosecutor's office, at least relative to American detectives. There are also frequent regular meetings between investigators and their supervisors, every morning and evening, in order for supervisors to review the progress of cases. Periodic field interrogations, the transportation of fugitives that have been arrested in other jurisdictions, and even secret service duty, all tend to usurp South Korean detectives' working hours. Although American detectives spend the majority of their time making documentation of cases (Ericson, 1981;Greenwood, Chaiken, & Petersilia; 1977), South Korean detectives' bureaucratic duty may be heavier than in America. They have to document all investigative processes, from accepting reported 139 cases, and reporting every investigative activity when it occurs, to the prosecutor's office, to transcribing all of the questions and answers in a verbatim report that takes place during an interrogation. Although this “precise justice” may lead to higher conviction rates in later stages of criminal justice (Johnson, 2002), at least with respect to investigative efficiency, making such dossiers in detail may be an excessive burden and disadvantageous to performance. Fourthly, South Korean police have a "solve all crimes policy." Cases are not officially filtered by the police in South Korea as they are in the U.S. All cases reported to the police must be eventually handed over to the prosecutor's office, regardless of whether or not the cases are solved. Only the prosecutor can judge whether or not the investigative process should continue in any given case. Conversely, as this study showed, about half of American law enforcement agencies incorporate a "solvability factors" to help determine which cases to pursue. South Korean police may tend to spend an enormous amount of time on cases that are virtually unsolvable. These differences may account for relatively lower investigative efficiency of the South Korean police even though their higher clearance rates show greater effectiveness. Criminal investigation is the collection and identification of information produced by the interaction between the police and public (Meesig, Lee, & Horvath, in press). The ability of the police to collect and use information to resolve crime is largely influenced by the priority and values embedded in a police organization. Sometimes the police resort to aggressive tactics and methods for obtaining information which are necessary to clear cases (Leo, 140 Leo, 1992). These may lead to accusations of police conduct that is harsh, coercive or secretive; activities such as intrusive searches, interrogations and special operations, though accepted practices may be questionable to some. Hence, in a nation that places a greater priority on “crime control” than “due process," (Packer, 1968) officers, including detectives, may have more enabling resources (Bayley 1991; Miyazawa, 1992), and, in fact, may produce greater legal problems. (Miyazawa, 1992; Jones, 2002). Because the most important function in the crime control model is to discourage criminals, a high value is placed on system efficiency, rather than on legal sufficiency (Packer, 1968); this may be true in South Korea. In contrast, In the U.S., an emphasis of the criminal justice process may be placed more on the legal protection of individual rights by restrictions on the activities of police (Pizzi, 1999; Rothwax, 1996). For example, the U.S. Supreme Court, especially the Warren court era of the 19603, extended the “rights” of criminal suspects in a number of pivotal decisions, such as Mapp v. Ohio (1961) and Miranda v. Arizona (1966) (Cassell & Fowles, 1998). So, it may be true that the guiding principle of the criminal investigation process is constructed differently according to each national culture. In the American legal system, it may be preferable to let the guilty go free rather than to deprive an individual of his/her rights. In contrast, South Korea, which has an inquisitorial justice system, may emphasize more the importance of the determination of factual than legal truth (Spader, 1999). In South Korea, the interests of the nation, collectivity. may be seen as more important than the interests of individuals (Hofstede, 1980), this is 141 fundamental to many Asian cultures and South Korea is no exception. Great personal sacrifice is seen as fully justified in the interests of the nation or the larger community. South Korean society may be more concerned with the inability of police to catch criminals than the failure to protect an offender's technical legal rights. Also, the inquisitorial legal value in South Korea may allow law enforcement officers as well as the general public to believe that offenders should not be freed on legal technicalities. Subsequently, this legal culture may produce a much higher degree of legal problems associated with criminal investigations. f. Structure of crime laboratory and A.F.I.S. service In a reactive state, there is less intervention by the government and an individual retains certain rights, which can sometimes present major barriers to the achievement of a government's policy goals. Competitive advocacy with respect to conflict between two parties is often seen as the best process for uncovering legal truth in this environment. This kind of system is sometimes referred to as an "entrepreneurial model of law“ and has its historical roots in the accusatorial system (Black, 1980, p.52). In a proactive state, on the other hand, it is generally believed that judicial control of the investigative process uncovers the facts more effectively than party control or advocacy. Within this environment, state judicial officials, including detectives, prosecutors, and judges, work together to insure the enforcement of state policies; the distinction between judicial and executive powers often becomes blurred in the interests of attaining 142 the substantive results sought by the state. These contexts are referred to as a "social-welfare model of law" (Black, 1980, p.53). This study revealed that 24%, 83%, and 21% of American police used their own, state-administered, and federal A.F.I.S. service, respectively, while all South Korean police use a national A.F.I.S. service. This is because in South Korea the justice system is considered to be primarily of an inquisitorial nature or “social-welfare model of law.” In such systems, forensic science laboratory services are often provided by large university-based medico-Iegal institutes or separate national forensic laboratories (Havard, 1991), which assist the court in determining both legal and factual ‘truth’. This kind of system is buttressed by the belief that individuals may not know what is in their best interest; state officials, therefore, try to reach what is seen as an appropriate decision on behalf of individuals (Black, 1980). By contrast, in the United States, where the adversarial legal tradition or "entrepreneurial model of law" is prevalent (Black, 1980; Kagan, 2001), crime laboratories are commonly appended to police organizations. Private laboratory services may also be used. Forensic services, though, are not uniformly provided, which sometimes results in legal disputes between prosecution and defense over forensic evidence (or the lack thereof) (Becker, 1997; Siegel, 1997; Terrence; 2001). As this study found, South Korean police were less satisfied with the crime lab service in terms of tum-around time than their American counterparts. One possible reason why South Korea’s crime lab service was generally perceived to 143 be inferior to its American counterpart may be related, at least in part, to its centralized structure. Crime laboratories in the U.S. provide services in a very decentralized way, according to diverse local situations. Some forensic laboratories, organizationally attached to local police departments, provide almost exclusive services to the law enforcement agencies. Other laboratories, often those affiliated with a state or federal organization, provide services to police agencies unable to afford either their own laboratory or certain specific forensic techniques. In contrast, the South Korean police, a National police force, have one centralized national crime laboratory system. That system and its services, attached to the Ministry of the Interior in South Korea, is nationally administered and managed. There is only one Central crime lab, with two branches, in South Korea. Because the capacity for analyzing physical evidence in the two branch labs is limited, most police departments in South Korea use the service of the central crime lab located in Seoul. Since there is a heavily concentrated workload at that lab, it fails to satisfy investigators, especially with respect to tum-around time. Influence of Exo-Svstem on Police Investigififlin t_he U.S. and Sogh Korea Sixty two million people live in American rural areas, which is 28% of the American population (Conger, 1997). Also, over half of the police departments in the U.S. are small, with less than 10 sworn full-time police personnel located in non-urban areas (Crank, 1990). 144 Nonetheless, much scholarly attention and its focus have been disproportionately placed on the large urban agencies. It is unclear whether the rural-urban dimension is an essential variable for understanding police organization. It may be true that modern technological advancements, including the ready availability of mass media, easier mobility, and the homogenization of peoples” lives in a current megapolis mass society (Marcuse, 1964; Vidich, 1968; Miller, 1975) blur the clear distinctions. However, this does not mean that the peculiarities of the urban way of life and rural characteristics have completely vanished. In this study, an attempt was made to examine the extent to which detective work within a nation reflects characteristics of local ways of life in the U.S. and South Korea, respectively. It was shown that both in the U.S. and South Korea, urban police cleared more crime per officer and appeared to be further detached from the public than their rural counterparts. With respect to such police investigative practices as the use of case screening methods, emphasis on clearance rates, team policing approaches, and police unions, American urban police showed higher prevalence than their rural counterparts. Regarding prosecutor consultation, rural police were perceived to do so more frequently than their urban counterparts in the U.S. Overall, these results confirmed Tonnies’s (1957) idea of “Gemeinschaft” and “Gesellschaft” and Weber’s (1958) idea of rationality as an indicator of urbanization. They may have relevance to an understanding of police investigative polices both in rural and urban areas. In addition, the finding suggests that loosely coupled management styles, less formalized practices, 145 and/or the tendency to informal forms of conflict resolution of rural police may have a negative influence on investigative efficiency. It may be true that the typical urban attitude is “reserved,” meaning indifference to others and to doing nothing about anything except when one’s own business is interfered with (Simmel, 1950). For example, Kitty Genovese was stabbed to death in Queens New York in 1964. This event was witnessed by 38 people who failed to come to her aid; neighbors just ignored her horrifying screams. Also, people in urban areas perceive more fear of crime than rural residents do (Baumer, 1978; Smith & Huff, 1982), because rural reSidents see their neighbors as trustworthy (Mullen and Donnermeyer, 1985). Generally, in urban areas, there is less concern for neighbors, even though people are packed together. In contrast, there are high degrees of social density in rural communities. People are more willing to step into others’ lives. In rural areas, even police, offender, and victim have very intimate close relationships and frequent personal interactions (Weisheit, Wells, & Falcone, 1994). Due to this characteristic of “density of acquaintanceship” in rural communities, (Freudenburg, 1986; Ruback, 1993; Ruback & Menard, 2001), community policing activities may be unnecessary and impractical to rural police, as compared to urban departments. However, the less detachment and non-rationality in a rural setting may not necessarily be a panacea for handling crimes. Police favoritism and corruption is often noticed in rural areas (Shaman, 1974; Weisheit, Falcone, & Wells, 1996). For example, battered women in mral areas view state troopers as 146 more effective than their local police in responding to their needs, since troopers are less heavily invested in the “ol’ boys network” and they are less willing to ignore domestic violence cases than local officers (Websdale, 1998). As this study showed, American urban police employ more rationalized forms of strategies such as case screening methods, importance of clearance rates as a performance evaluation, and team policing approaches. Perhaps, as a result of this rationality, rather than relying on an informal mechanisms of social control (Cardarelli, McDevitt, 8 Baum, 1998), urban police were found to have higher organizational investigative efficiency than their rural counterparts. Unexpectedly, one hypothesis was conversely supported; it was shown that American rural police had more significant relational problems with their prosecutor’s office than their urban counterparts. It was predicted that the characteristics of intimate human relations in rural areas might result in less friction between the police and the prosecutor’s office; urban relations might more likely be conflicting, rather than cooperative, compared to the rural counterpart. Perhaps, this opposite result may be because the rural police, especially in very serious crimes, may not be as experienced in handling such events and may find the prosecutor’s office to be more controlling. However, no apparent explanation can be suggested at this time; it needs further exploration. Overall, the degree of rural/urban orientation influences greatly police criminal investigative practices and polices. As an exosystem, rural/urban characteristics are among the significant variables which shape police organizational properties. 147 It should be pointed out the finding of rural/urban influence is somewhat contradictory to Bayley’s proposition that variations in police work tend not to occur within nations but between them. He posited that because national culture is a factor which is common to all locations within a country, it determines police work in a uniform manner across the country (Bayeley, 1985, pp.130-156). This study confirmed, as he argued, that national culture is an important predictor in understanding the variations of detective work between the U.S. and South Korea, although, at the same time, this study disconfirrned his proposition, by finding that the way in which rural vs. urban location was also a fair1y significant determinant of police criminal investigative activities in both nations. In addition, it was shown that variations of detective work in South Korea were not as largely pronounced as in the U.S. For the South Korean police, there were no differences between rural and urban departments with respect to the emphasis on clearance rates, frequency of prosecutor consultation, and degree of relational problems with prosecutor’s office. One possible explanation which may account for the differences in the two nations is the fact that South Korea has a uniform and centralized police system, whereas the American police system is an extremely diversified and localized one. The United States and South Korea differ considerably with respect to the organization of their police forces. One of the most peculiar features of American law enforcement agencies may well be their level of decentralization; there are more than 18,000 separate, autonomous police departments (Bureau of Justice Statistics; 1996). In contrast, South Korea has one national police force with 230 148 police stations. The fragmented nature of American police forces and the heterogeneous character of American society may account for large variations in detective work. A country with a highly homogeneous society and centralized police system such as South Korea maintains fairly similar practices and policies throughout the country while being policed in a uniform manner. In fact, the distinct rural-urban dichotomy in the U.S. and its relatively large influence on the way in which American police carry out their criminal investigations may be one example of the diversified nature of American society. Assessment of Police Organizational Prog