103 See LaFave, Imperfect World , supra note 100, at 325–33; LaFave, Constitutional Rules , supra note 100, at 855–56. 104 LaFave, Constitutional Rules , supra note 100 , at 855. See also LaFave, Imperfect World , supra note 100, at 326–27. 105 LaFave, The Robinson Dilemma , supra note 19, at 142. 106 On the difference between street and management cops, see , for example, Elizabeth Reuss- Ianni & Francis A. J. Ianni, Street Cops and Management Cops: The Two Cultures of Policing , in C ONTROL IN THE P OLICE O RGANIZATION 251 (Maurice Punch ed., 1983). On policing as a craft, see, for example, Egon Bittner, Legality and Workmanship: Introduction to Control in the Police Organization , in C ONTROL IN THE P OLICE O RGANIZATION 1; Bayley & Bittner, supra note 85, at 51 (portraying policing as a craft rather than a science).
OHIO STATE JOURNAL OF CRIMINAL LAW [Vol 7: 31 52 For craftsmen, 107 policy is set by the officer on the street and is not reducible to policies or principles. 108 Policing depends upon “craft” competence, characterized as “[e]xperience-tested good sense.” 109 Policy is viewed as local and partial. 110 If experience is the only guide for policing, “the only people fit to judge police activity in encounters with the public are other experienced officers. Certainly civilians could not make fair judgments, but neither could supervisors who had not experienced the peculiarities of a specific situation.” 111 Accordingly, neither the courts nor even the managerial cops prized by the administrative model are well placed to set policy for policing on the street. Accordingly, both should defer to well-trained and experienced cops as the real experts. At the craft level, law-enforcement policy-making is characterized as disjointed and horizontal: the discretion to make tactical policy decisions exists at any level of the criminal justice process. 112 Police officers are valued as pragmatic, skilled specialists responding to circumstances or difficulties faced on the job that are incapable of reduction to generalities through rules. 113 Competence becomes the standard by which to assess administrative capability. 114 What matters is the officials’ ability to evaluate the intangible indicia of criminality effectively and accurately, or to make tactical decisions based upon bringing pragmatic skill or expertise to bear. 115 The circumstances in which decisions must be made are incapable of reduction to formulas, and though rules cannot capture this fact, the appropriate training, imparting skill and experience in exercising judgment, can. 116 107 Egon Bittner, supra note 106; Bayley & Bittner, supra note 85, at 51 (portraying policing as a craft rather than a science). 108 Bayley & Bittner, supra note 85, at 51 (craft of policing not reducible to principles). 109 Id. (internal quotation omitted). 110 Whren v. United States, 517 U.S. 806, 815 (1996) (police policies too localized for purpose of Fourth Amendment).
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