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September 1999

Volume 68
Number 9
United States
Department of Justice
Federal Bureau of
Investigation
Washington, DC
20535-0001
Louis J. Freeh
Director Features
Contributors' opinions and
statements should not be
considered an endorsement by
the FBI for any policy, program,
or service. Law Enforcement and Law enforcement agencies can identify
The Attorney General has
determined that the publication
the Millennialist Vision 1 potential dangers that may come with
the new millennium.
of this periodical is necessary in
By Carl J. Jensen III
the transaction of the public and Yvonne Hsieh
business required by law. Use of
funds for printing this periodical
has been approved by the
Director of the Office of School Violence Representatives from six schools that
Management and Budget. By Stephen R. Band 9 experienced shootings provide the
lessons they learned from these
The FBI Law Enforcement and Joseph A. Harpold
Bulletin (ISSN-0014-5688) is tragedies.
published monthly by the
Federal Bureau of Investigation, Safeguarding Our Schools Self-directed work teams help agencies
935 Pennsylvania Avenue,
N.W., Washington, D.C.
20535-0001. Periodical postage
By Dennis Bridges 22 tap the talents of their employees and
improve service to the community.
paid at Washington, D.C., and
additional mailing offices.
Postmaster: Send address
changes to Editor, FBI Law Gang Congregation Ordinance The U.S. Supreme Court recently held
Enforcement Bulletin, FBI
Academy, Madison Building,
Room 209, Quantico, VA 22135.
By Daniel J. Schofield 28 Chicago’s Gang Congregation
Ordinance unconstitutional.

Editor
John E. Ott
Managing Editor
Kim Waggoner Departments
Associate Editors
Glen Bartolomei
Cynthia L. Lewis
Bunny S. Morris 7 Focus on 20 Bulletin Reports
Art Director Community Policing Reducing Gang Crime
Brian K. Parnell Police Liaison for Schools Delinquency Prevention
Assistant Art Director
Drug and Disorder Problems
Denise K. Bennett
Staff Assistant
17 Case Study Victims of Crime
Linda W. Szumilo Timber Theft
27 Book Review
Internet Address When Good Kids Kill
leb@fbiacademy.edu

Cover photo
Photo © Digital Stock

Send article submissions to


Editor, FBI Law Enforcement
Bulletin, FBI Academy, Madison
Building, Room 209, Quantico,
VA 22135.

ISSN 0014-5688 USPS 383-310


Law Enforcement
and the Millennialist Vision
A Behavioral Approach
By CARL J. JENSEN III, M.A., and YVONNE HSIEH

L aw enforcement profession- will become an area of increasing version of millennialism occurs in


als face more challenges to- concern to law enforcement, espe- the biblical account of the apoca-
day than ever before. cially as the year 2000 approaches. lypse as recorded in the Book of
Not since the advent of modern By examining the behavioral dy- Revelation, where John, who had
policing have agencies sought so namics occurring in groups that ad- been exiled to the island of Patmos,
arduously to examine and refine here to millenialist philosophies, relates a vision in which the Mes-
their missions, goals, and strategies law enforcement agencies can iden- siah returns to engage in a battle
to deal with increasingly ill-defined tify potential dangers in order to with Satan.2 While numerous inter-
purposes. To make matters more appropriately respond to and inter- pretations of the events portrayed in
difficult, this examination comes act with these groups. the Book of Revelation exist, one of
during a time of decreasing the most popular Christian interpre-
budgets, increasing legal and media MILLENNIALISM tations maintains that following nu-
scrutiny, and often-uncertain public Generally, millennialism refers merous tribulations and battles,
relations. to any movement that anticipates God vanquishes Satan, and the
The millennialist, apocalyptic the “total transformation and purifi- “chosen people” come to dwell
view of the world, which many cation of society.”1 In Western soci- with the Messiah for 1,000 years
groups and individuals hold, likely ety, the most well-known religious of bliss (e.g., the millennium).

September 1999 / 1
citizens who care deeply about their
country but may question political
and constitutional issues. Indeed,
many militias condemned the Okla-
homa City bombing. 5 However,
some militia, paramilitary, and ex-
tremist groups, as well as unaffili-
ated individuals, will engage in
criminal activity to support their
religious, social, and political
philosophies.
For many individuals and
Special Agent Jensen serves in Ms. Hsieh served as an honors groups, apocalyptic themes play a
the Behavioral Science Unit at intern in the Behavioral Science central role in their belief systems.
the FBI Academy. Unit at the FBI Academy.
According to some, the govern-
ment6 has aligned itself with evil
forces. After Saddam Hussein
Millennialism, however, does not episodes involving suicides may oc- invaded Kuwait in 1990, then-
belong exclusively to Christianity. cur by those who believe they fol- President George Bush began mak-
Many other religions, secular low God’s will. Perhaps on a more ing statements in which he used the
groups, and societies have their sinister note, police officers may phrase “New World Order.” For ex-
own versions of apocalyptic battles find themselves the targets of ample, in a speech before the Coun-
in which the forces of good triumph apocalyptic groups that feel justi- cil of Christian Broadcasters, he
over evil following a cataclysmic fied in violently resisting legitimate talked about “a moral and just war
and often-supernatural period of acts by law enforcement agencies. to defeat the tyranny of Saddam—a
battle.3 madman who threatens the bur-
While the Bible does not pro- Millennialism and geoning New World Order....” 7
vide a date for the apocalypse, many Extremist Groups Most individuals who heard these
groups4 and individuals have con- For law enforcement purposes, words believed that President Bush
cluded that they are currently living extremism relates to groups and was talking about an international
in the “end times.” To some indi- individuals engaged in criminal ac- community united by a sense of jus-
viduals, the year 2000, with its nu- tivity for the purpose of advan- tice and the rule of law. Others,
merical symmetry and obvious cing or attempting to advance a po- however, have cited those state-
millennial correlation, represents litical, religious, or social agenda. ments as proof that the U.S. govern-
the date of the great battle between Unfortunately, many individuals ment is involved with international
good and evil. Many others do not unfamiliar with the distinction use forces in a plot to replace democ-
adhere to a specific belief involving the terms “extremist group” and racy in America with a tyrannical,
supernatural battles, but they fear “militia” interchangeably. For ex- Communist-like dictatorship.8 Oth-
that a general state of chaos may ample, in the wake of the Oklahoma ers suggest that foreign troops have
result. These beliefs and percep- City tragedy, some members of the arrived clandestinely in the United
tions may cause greater involve- media portrayed militia group States to await orders to round up
ment between law enforcement members as wild-eyed, violent, and any Americans who oppose this
agencies and those groups that ad- uneducated. This caricature seri- presumed New World Order. Some
here to a millennial or apocalyptic ously misstates the reality that individuals allege that gun control
philosophy. Due to the dynamics many militia group members repre- legislation represents a ploy to as-
and beliefs of several groups, more sent intelligent, law-abiding semble lists of gun owners in order

2 / FBI Law Enforcement Bulletin


to arrest them and transport them struggle. For example, the conflict against evil will be rewarded with
to concentration camps, which between God and Satan began in the either everlasting life in heaven or
supposely are secretly under con- Book of Genesis, while many who the defeat of tyranny and the fulfill-
struction by the Federal Emergency believe in the New World Order ment of heaven on earth.
Management Agency. Still others trace the roots of this grand con-
have gone so far as to assert that the spiracy to the Knights Templars and The Apocalyptic Timetable
tragedies at Ruby Ridge and Waco the Crusades.11 In addition to articulating the
served as dry runs for future gov- Another common apocalyptic alleged plan for the takeover of
ernment actions by New World theme concerns the grand and hor- America, religious and secular
Order storm troopers.9 rific nature of the final battle be- spokespersons routinely provide
tween good and evil. Some predict timetables for its implementation.
THE APOCALYPTIC MODEL that many individuals will perish on In many cases, the year 2000 repre-
Whether based on a religious or both sides of the conflict. In certain sents the date when the apocalypse
secular model, apocalyptic belief Christian denominations, the cho- purportedly will begin. This date
systems contain certain universal sen ones will proceed to heaven and has significance for a variety of in-
characteristics. 10 At the core of dividuals. Those who follow the


each, a fundamental struggle exists New World Order theory believe
between good and evil. In Chris- that 2000 represents the year for the
tianity, this struggle occurs between takeover of America. For others, the
God and Satan. For many extrem- ...extremist groups year 2000 has great religious sig-
ists, the evil forces of the New nificance, and those with no par-
World Order constantly struggle
physically and ticular political or religious agenda
with those patriotic Americans who psychologically isolate believe that the turn of the century
believe that the democratic prin- their members from will usher in a period of unprec-
ciples of this country have almost mainstream society. edented floods, earthquakes, and


disappeared. This perspective con- other natural disasters.
tains little gray area: those defined Certain existing conditions may
as evil remain unremittingly sinis- appear to validate these beliefs. For
ter, while those defined as good stay example, government and private
unerringly righteous and pure. miss the battle, while those not cho- sector computer experts have ac-
To this end, even those apoca- sen will suffer horrible plagues and knowledged that in the year 2000,
lyptic belief systems that are prima- consequences on earth. Other reli- many computers will be unable to
rily secular often contain religious gious and secular groups believe distinguish the year 2000 from the
or supernatural rhetoric and ideas. they will participate in the struggle year 1900. Dubbed the Y2K Prob-
For example, many who deplore the and play a pivotal role in allowing lem, it may cause widespread com-
New World Order make liberal use good to triumph. For example, these puter software failures. To some in-
of religious imagery: those parts of groups purport that loyal patriots dividuals, this problem signals
the U.S. Constitution with which who have managed to save their impending societal discord and
they agree are “sacred” and “holy,” weapons from confiscation will de- chaos and appears to complement
while those that run counter to their feat the forces of the New World and reinforce the predicted apoca-
beliefs (e.g., the 14th Amendment, Order.12 lyptic nightmare scenario.
which granted citizenship to former The final component of the
slaves) are cast in demonic terms. apocalyptic vision includes the con- AN EXTREMIST VIEW
The battle between the forces of tention that in the end, good tri- OF LAW ENFORCEMENT
good and evil generally represents umphs over evil. In addition, those For some extremists, political
the final chapter in an ongoing who have persevered in the fight and religious symbolism often meld

September 1999 / 3
together to create a dictatorial, anti- result, group members relinquish all scenarios such as the Y2K glitch
Christian future vision of America. responsibility for group decision serve to enhance the believability of
To those who fear such a future, the making to their leader and blame an apocalyptic scenario in the
solution appears obvious—right- the cause of all group grievances on minds of those already predisposed
eous, courageous Americans who some outside entity or force, a pro- to this belief.
believe in a free America must ob- cess known as projection. Finally, Group members’ anger grows
tain arms for its immediate defense. isolation and projection combine to as they project blame onto outside
Subsequently, such individuals produce pathological anger, the fi- sources. As a perceived threat be-
must consider against whom they nal component of the triad.14 comes imminent, anger will grow
must defend the country. They con- accordingly. As the year 2000 ap-
sider federal law enforcement offic- proaches, the threat of the New


ers, especially those who have pri- World Order becomes more real
mary jurisdiction over firearm and and imminent to those who believe
terrorism matters (e.g., the Bureau ...law enforcement in its existence. According to the
of Alcohol, Tobacco and Firearms third component of the Lethal
and the FBI) the enemies. Increas- can fulfill its Triad, anger will grow, as will the
ingly, however, state and local of- mission no matter potential for future violent acts.
ficers who contact citizens on a what the new Many law enforcement profession-
more routine basis have become millennium holds. als have reported a general increase


victims of violent acts. In a recent, in extremist group activities within
well-publicized example, an indi- their jurisdictions in the past few
vidual with alleged links to a white years.15 The question remains, how-
supremacist organization fired ever, whether this purported in-
upon Ohio officers during a traffic Millennialism intersects with crease in criminality will achieve
stop. A review of the incident indi- each component in different ways. statistical significance and continue
cated that the individual who fired In terms of isolation, some groups to increase as the year 2000
the shots possibly prepared himself continually send apocalyptic im- approaches.
for the confrontation by donning ages and messages to group mem- Perhaps of equal importance to
body armor and assembling avail- bers, who internalize their content law enforcement, many potentially
able weapons while troopers ques- and compare the messages to dangerous groups have indicated
tioned his brother. known reality or past learning. For that they will not take offensive ac-
many schooled in Christian tion against the government but will
Psychological Issues thought, the apocalypse is not new. act only in a “defensive posture.”
The examination of domestic When a message of government Unfortunately, the activities that
extremist groups reveals three so- malfeasance combines with a famil- will justify this defensive, or, more
cial-psychological components that iar belief, such as that of the apoca- properly, reactive posture remain
appear to interact to produce an ef- lypse, the entire message may gain unclear. While major actions in-
fect known as the Lethal Triad.13 In credibility. For example, accepting volving groups (e.g., mass arrests)
particular, extremist groups physi- the notion of foreign troops on may provoke a response, no one
cally and psychologically isolate American soil might prove difficult, knows what may happen in other
their members from mainstream so- but if explained in the context of activities. Even the extremist
ciety. This isolation causes a reduc- a belief that already has gained groups do not appear sure of their
tion of critical thinking on the part credibility (e.g., the coming apoca- responses. In light of the lethal triad
of group members, who become lypse with its authoritative, biblical methodology, the threshold for in-
more entrenched in the belief pro- precedent), the entire concept may voking a reactive posture may de-
posed by the group leadership. As a become plausible. Additionally, crease as the year 2000 approaches.

4 / FBI Law Enforcement Bulletin


That is, extremist group members government would use a heavy- groups has allowed for the peaceful
may view standard police activity, handed approach to resolve the situ- resolution of potentially volatile ar-
such as stopping motorists for mi- ation, the low-key, patient strategy rest situations.17 At the same time,
nor traffic infractions or serving employed deflated this perception. agencies should not attempt to gain
misdemeanor warrants, as offensive Indeed, many militia leaders or confirm intelligence information
measures and may respond with in- praised the actions of the federal through these contacts or volun-
creasing violence. While definitive government in the Freemen affair. teer sensitive information to militia
statistics do not exist to confirm or Accordingly, state and local representatives.
disprove this prediction, the Ohio law enforcement should take steps Law enforcement agencies
traffic stop incident should serve as to reduce the level of fear and dis- should remain aware of any poten-
a warning—well-rehearsed and trust that may exist between their tial threats to their personnel and
well-prepared adversaries may ap- organizations and extremist groups stay abreast of any trends involving
pear with greater frequency as the operating in their jurisdictions. For extremist group activities. For ex-
year 2000 approaches. example, after determining safety ample, individuals driving in ve-
issues, police and sheriffs’ depart- hicles without license plates or with
LAW ENFORCEMENT ment officials should consider con- plates not issued by a legitimate li-
RESPONSE tacting known militia group mem- censing authority may be members
Some individuals in the militia bers in their areas. Such contacts of an organization that does not rec-
movement view law enforcement as should remain friendly and low-key ognize the authority of a state or
the enemy. Perhaps the worst in order to diffuse tensions and re- local policing agency. Lack of a
course of action for law enforce- duce misunderstandings between valid vehicle registration or driver’s
ment to take when dealing with the police and group members.16 license may offer further confirma-
these individuals is to engage in These contacts have proven very ef- tion that the individual belongs to
activity that validates their apoca- fective. In some cases, members of such a group.18
lyptic fears. Many critics have militia groups have assisted law en- In addition to federal, state,
noted, for example, that the federal forcement agencies in preventing and local law enforcement sources,
actions at both Waco and Ruby violent acts. Prior law enforcement many civilian and academic
Ridge reinforced the belief of many familiarity with some extremist organizations track trends of
individuals that their views con- Photo © PhotoDisc
cerning an impending tyrannical
New World Order were correct.
Subsequent to these incidents, the
FBI developed and employed new
techniques that included low-key
negotiations coupled with a reduc-
tion in visible signs of a paramili-
tary and special weapons and tactics
team presence. These techniques
showed great success during the
Freemen standoff in Montana in
1996. In addition, the peaceful
resolution of this standoff likely
had great symbolic significance to
those who view the government
as the enemy—in contrast to their
presumption that the federal

September 1999 / 5
extremist groups. These sources of and planning, law enforcement can 8
Jonathan Karl, The Right to Bear Arms:
The Rise of America’s New Militias (New York:
information may prove extremely fulfill its mission no matter what the
HarperPaperbacks, 1995), 76-78.
valuable to law enforcement offi- new millennium holds. 9
Supra note 2; John George and Laird
cials, and using them on a regular Wilcox, American Extremists (Amherst, NY:
basis as permitted under the law Endnotes
Prometheus Books, 1996) and Jonathan Karl
supra note 7.
may, in fact, lead to better commu- 1
Michael Barkun, “End Time Jitters: An 10
For a comprehensive description of both
nication with extremist group mem- Interview with an Expert in Millennialism,” millenialist beliefs and possible implications of
bers, ultimately aiding in avoiding Klanwatch Quarterly Intelligence Report those beliefs at the individual and societal level,
deadly confrontations. (Montgomery, AL: Southern Poverty Law see Lamy (supra note 2), 81-84.
Center, summer 1997), 16. 11
The Knights Templars were one of the
Finally, departments should 2
Philip Lamy, Millennium Rage (New earliest founders of military orders. Some
continue to emphasize basic officer York: Plenum Press, 1996), 81-84. individuals believe the Knights Templars left
and street survival techniques on a 3
Ibid. England for the Middle East and found gold,
regular basis. By combining threat which they brought to England and have used
to finance this ongoing conspiracy.
analysis with specific methods of 12
Supra note 2.
dealing with potentially lethal situa- 13
Kevin M. Gilmartin, “The Lethal Triad:
tions, law enforcement managers Understanding the Nature of Isolated Extremist
can help their officers reduce Groups,” FBI Law Enforcement Bulletin,
September 1996, 1-5.
complacency and carelessness in 14
Ibid.
performing everyday, repetitive 15
Mark Pitcavage’s Flashpoint America:
tasks.19 Surviving a Traffic Stop Confrontation with an
Antigovernment Extremist (Militia Watchdog
CONCLUSION Website on the Internet: http://www.militia-
watchdog.org/trafstop.htm) offers a general
As the year 2000 approaches, discussion of the increasing incidents of traffic
law enforcement agencies may face stop confrontations involving law enforcement
additional challenges from indi- personnel and antigovernment extremist group
viduals and groups for whom the members.
16
Supra note 5; See also James McNamara,
millennium holds great spiritual “Community Policing and Militia Groups,”
and symbolic significance. The Le- unpublished paper prepared for the 190th
thal Triad concept offers a concise session of the FBI National Academy (copies
explanatory model to understand available from the author), for a discussion of
this; and James E. Duffy and Alan C. Brantley,
the behavioral dynamics that under- “Militias: Initiating Contact,” FBI Law
lie a belief involving millennial and 4
For purposes of this article, the authors Enforcement Bulletin, July 1997, 22-26, which
apocalyptic themes. This approach intentionally remain very general and will, for contains a typology to determine the dangerous-
the most part, refrain from citing examples ness of militia groups. For a more general
can help explain how and why involving specific groups to promote a general typology that examines the dangerousness of all
apocalyptic groups pose a challenge understanding of millennialist philosophies types of groups, see Anthony J. Pinizzotto,
to law enforcement personnel. while protecting the privacy and religious “Deviant Social Groups,” Law and Order,
As with most challenges facing freedom of the subjects. October 1996, 75-80.
5
James E. Duffy and Alan C. Brantley, 17
Supra note 5 and see McNamara (supra
police officers, knowledge of po- “Militias: Initiating Contact,” FBI Law note 16).
tential threats, good relationships Enforcement Bulletin, July 1997, 22-26. 18
For strategies to employ in recognizing
with all members of the community, 6
Historically, the government has meant the and confronting an extremist during a traffic
and an emphasis on basic street sur- federal government. Increasingly, however, this stop, see Pitcavage (supra note 15).
term includes state and local governments, as 19
Anthony Pinizzotto, Edward F. Davis, and
vival and officer safety hold the well as institutions that many regard as Charles E. Miller III, In the Line of Fire: A
greatest potential for averting trag- extensions of local government, such as schools Study of Selected Felonious Assaults on Law
edy while providing the highest and clinics.
7
Enforcement Officers (Washington, DC:
level of citizen protection and po- John Yemma, “Bush Addresses Christian Department of Justice, FBI, and the National
Broadcasters,” and John Yoder, “In Search of Institute of Justice, 1997).
lice services. While no one can the ‘Just War’” Boston Globe, January 27,
predict the future, with forethought 1991.

6 / FBI Law Enforcement Bulletin


Focus on Community Policing
Police Liaison for Schools Hoping to change this dim forecast and because
By Martin J. Dunn children spend a majority of their day in school,
educators have joined the fight against drugs and
violence. Unfortunately, they may not have the
experience necessary to accomplish this task without
the help of others. Realizing this, school administra-
tors in Lower Camden County, New Jersey, have
taken a proactive approach and joined forces with
local law enforcement to combat their district’s drug
and violence problems.
The Lower Camden County Experience
The Lower Camden County Regional High
School District (LCCD) employs approximately 700
employees and has 5,100 students in the 7th through
12th grades who live in 7 municipalities in Camden
County, New Jersey. This school district consists of
two junior high schools, two senior high schools, and
a special-needs school.
Like many areas throughout the United States,
Camden County experienced an increase in violent
activity during the mid-1980s that has continued into

I n the mid-1980s, the citizens of the United States


encountered a challenge never before experi-
enced in such magnitude—drug abuse. Causing
the 1990s. As violence has increased in the commu-
nity, it also has increased in the schools, including
those in the LCCD. Incidents of drug use, fights, and
assaults have increased, forcing school officials to
widespread damage from one border to another, this
modern-day plague pushed America’s social and spend more time addressing public safety issues than
government agencies to their limits. It also forced law educating.
enforcement agencies to reestablish priorities to In 1993, the school district hired a security
address the new threat placed on public safety. consulting firm for an on-site study of its five schools.
By 1987, a major influx of crack cocaine had After the firm reported its findings and recommenda-
forced the nation into a war against drugs. In fact, by tions, the district formed a committee—which in-
1990, drugs had successfully infiltrated many previ- cluded parents, law enforcement officials, and other
ously drug-free areas. The nation’s schools, for members of the community—to further examine the
example, have been plagued with drugs for the past findings.
several years. Local news agencies regularly report on The consulting firm recommended creating a
drug-related acts of violence committed by youths in security department and assigning a police officer to
the community. Headlines such as “5th Grader each of the high schools. In 1994, the committee
Arrested on Cocaine Charges,” “8th Grader Held in endorsed this idea and implemented a pilot program at
Knife Attack,” and “Three␣ Students Accused in one junior high school and one senior high school.
School Gun Incident” have become common in nearly The LCCD hired sworn police officers from local
all communities—so common, in fact, that they rarely municipalities and reimbursed the police department
draw much attention. Some residents simply accept for the officers’ salaries and associated expenses.
the stories as additional examples of a generation on The students and staff of both schools welcomed
the decline, and government reports that corroborate the officers, and after 4 months, the district expanded
the connection echo their sentiments and predict a the pilot program by creating a Department of Secu-
discouraging future for today’s youth.1 rity staffed with five commissioned police officers,

September 1999 / 7
including a director. The officers have full police municipality that sends the greatest number of stu-
powers, including authorization to carry firearms. The dents to LCCD schools has reported a 10 percent
LCCD leases three of the officers from municipal reduction in juvenile crime since the program’s
police departments for the 10 months that school is in inception. LCCD school principals have reported
session and employs the other two officers. fewer incidents of fighting among students, and drug-
The officers serve as the primary enforcement related problems occurring in these schools also have
agents. When criminal activity takes place on school dropped significantly.
grounds, the police officers coordinate the response Parents ultimately supported the program because
and follow-up investigation. Usually, officers arrive it reduced or eliminated their former perceptions of
while the incident is in progress, which allows them dangerous problems common throughout the schools.
to identify the perpetrator and take The police favor the program
immediate action. Because officers because they no longer dispatch
are considered members of the officers to the schools to handle
school community, staff members
and students cooperate with them
when they conduct investigations.
The police officers perform a

...departments must play
a significant part in the
school community,
incidents, which allows them to
refocus their attention to the rest
on the community.

wide range of duties as community Conclusion


policing representatives. They
providing drug education The active role the LCCD has
remain proactive in crime preven- and crime prevention taken in combating its drug and
tion and drug education programs, training on a regular violence problems has paid off
and they serve as police liaison basis. with impressive results. LCCD
officers for the schools. In this
way, they bridge the gap that often
exists between schools and local
law enforcement. reach their

learning
administrators
commitment
safe in
potential
order
in
to
have

for
an
keep
all
made a
their schools
students
environment
to
that
In addition, all four high schools in the LCCD leaves teachers free to help accomplish this goal.
have implemented a peer mediation program to Police administrators must realize that their
address disputes among students. Individuals are departments must play a significant part in the school
referred to this program by either faculty, staff, police community, providing drug education and crime
officers, or other students. The police officers and prevention training on a regular basis. This allows
other school staff members coordinate this program, officers to reach out to school children in an effort to
but student volunteers carry out the actual administra- teach them crucial information on the prevention of
tion. These programs have successfully redirected crime and the dangers of drugs that they may not get
many students’ violent tendencies. at home. By practicing this form of community
The district recently took advantage of federal policing, departments not only will help the educa-
funds by sending the two officers assigned to the tional process for students but also will make the
junior high schools for training to earn certification as community safer for all residents.
Gang Resistance Education and Training instructors.
This crime prevention curriculum places a police Endnote
officer in the classroom 1␣ day a week for 9 weeks to 1
See, for example, U.S. Department of Justice, Combating Violence
teach and interact with students about issues of and Delinquency: The National Juvenile Justice Action Plan Report
(Washington, DC, March 1996); available from http://www.ncjrs.org/
violence and conflict resolution. txtfiles/jjplanfr.txt, accessed January 7, 1999.

Results Chief Dunn serves as director of security for the Lower


Although it is too soon to report statistical Camden County Regional High School District in Atco,
findings in most areas, LCCD has experienced many New Jersey.
positive developments. The police department in the

8 / FBI Law Enforcement Bulletin


School
Violence
Lessons
Learned
By STEPHEN R. BAND, Ph.D.,
and JOSEPH A. HARPOLD, M.S.

I n Pearl, Mississippi, a 16-year-


old boy allegedly killed his
mother, then went to his high
school and shot 9 students, 2 fatally.
Three students were killed and 5
others were wounded in a high
school in West Paducah, Kentucky;
a 14-year-old student pleaded
guilty. During a false fire alarm at a
middle school in Jonesboro, Arkan-
sas, 4 girls and a teacher were shot
to death and 10 individuals were
wounded when 2 boys, 11 and 13
years old, allegedly opened fire
from the woods. A science teacher
was shot to death in front of
students at an 8th-grade dance
in Edinboro, Pennsylvania; a
14-year-old awaits trial. Two teen-
agers were killed and more than 20 Photo © K.L. Morrison
individuals were hurt when a 15-
year-old boy allegedly opened fire atmosphere of fear and disbelief in community learn from these wanton
at a high school in Springfield, Or- many U.S. communities. How can acts of violence?2
egon. The deadliest incident of youngsters commit such vicious at- First and foremost, all aspects
school violence recently occurred at tacks? Why are they occurring? of a community need to work to-
a high school in Littleton, Colorado, What can be done to stop them? As gether. School violence is not the
when 2 young male students went the first responders to these tragic sole responsibility of the school
on a killing spree and then commit- incidents, the law enforcement system. Law enforcement, local
ted suicide.1 agencies directly involved face government, civic groups, corpo-
These and other incidents many difficult challenges and previ- rate entities, schools, and parents
of school violence have shocked ously unthinkable situations. What must form a partnership to combat
Americans and created an lessons can the law enforcement these violent acts. Schools must

September 1999 / 9
prepare for these attacks. Law en- communication and maintain up to 300 eyewitnesses immedi-
forcement must develop response readiness. ately. Additionally, a considerable
plans for handling such incidents. Most important, MOUs should amount of computer support be-
And, communities must work with assign specific tasks—such as pro- came necessary. Such major inves-
both to prevent such tragedies from cessing the crime scene, conducting tigations often result in large data-
occurring. interviews, coordinating media bases that require the on-scene
coverage, administering victim/wit- capability of data entry and man-
PREINCIDENT ness services, and handling other agement. Finally, MOUs should
PREPARATION support systems—and encourage specify that all investigators receive
agencies to appoint the best em- annual training in how to handle
Memorandums ployees to those tasks. Then, the juvenile criminals, especially
of Understanding participants should train together so young mass or spree murderers.
Representatives from law en- that each individual involved will
forcement, the schools, and the know exactly what to do and who is MOUs and Schools
community should come together in charge. During a crisis, no time Before any planning or training
to sign memorandums of under- exists to address these issues. can occur, a good working relation-
standing (MOUs) that clearly de- ship must exist between schools and
fine what each organization or MOUs and Law Enforcement police. To this end, school districts
agency will do from the beginning Because some of these tragic should establish a crisis response
of the crisis to the end. MOUs events have required officers to team made up of decision makers
should state what resources each secure large areas for crime scene who can develop preincident plans
participant will provide and identify processing, MOUs should ensure and sign MOUs. The team should
the command structure (i.e., who that law enforcement agencies con- include the leadership of the school,
will take charge and who will act sider the need for adequate human such as the chief of the school’s
as support). Also, MOUs should resources and technical support. security force, as well as facilities
require ongoing liaison among all For example, in some of the school engineers and architects, medical
of the participants to enhance shootings, officers had to interview personnel, and legal representa-
tives, if such exist. The school’s
media spokesperson also should
participate.
Once they have developed
preincident plans, schools must
train with the other participants to
learn their roles in crisis situations,
including evacuation, and to under-
stand the importance of their contri-
butions, especially to the law en-
forcement agencies involved.
Moreover, the police should edu-
cate teachers and school officials
about problems in their communi-
ties that could influence students,
such as gangs, drugs, and violence.
Special Agent Band is the chief Special Agent Harpold is
of the Behavioral Science Unit an instructor in the Behavioral MOUs and the Media
at the FBI Academy. Science Unit at the FBI Academy. MOUs must state clearly who
will handle the media. This proves

10 / FBI Law Enforcement Bulletin


paramount because, in some in- Communication Needs help. The facility should have con-
stances, the media may arrive at the Agencies should prearrange tact information for various victim/
scene before the police. MOUs mobile radio communications for witness resources, such as the Na-
should state who will issue press their officers and dedicate a tele- tional Organization for Victim As-
releases and how often that will oc- phone line that they can publicize to sistance3 and other local or outside
cur. Personnel assigned to handle help gather information. Agencies sources, that agency personnel may
the media must provide written, ac- also should train and assign to any access quickly.
curate updates to the press. These incident of school violence full-
individuals also must know who is time media or public information POSTINCIDENT
responsible for investigating ru- officers. DEBRIEFING
mors. Because rumors constitute a Initially, agencies should hold Law enforcement agencies
major problem in a crisis, quickly periodic briefings at prearranged must remember that their officers
dispelling as many as possible times for the major participants of have the same concerns as other
should become a priority for inves- the investigation. As the investiga- parents when it comes to their
tigators. MOUs also should encour- tion progresses, they should hold children’s safety. Before assigning
age law enforcement and schools to briefings as necessary. To combat them duties, commanders should al-
include media representatives in the rumors, agencies should establish a low officers to talk to their spouses
preincident planning and training control center and assign officers to and ensure that their children are
process. investigate rumors and dispel them safe.
as quickly as possible. Agencies must plan beyond the
Critical Incident Response incident, ensuring the availability


Once law enforcement agencies of follow-up counseling for person-
have created partnerships with their nel and their families, as well as
schools and communities and have others in the community. Agencies
MOUs in place, they must develop a Before any planning should make employee assistance
critical incident response plan. To or training can occur, and mental health professionals
effectively manage an incident of available for critical incident defus-
school violence, agencies should a good working ing and debriefing of law enforce-
initiate a formal plan that clearly relationship must ment and other emergency response
defines logistical considerations, exist between personnel as quickly as possible.
communication needs, and victim/ schools and police. Moreover, service providers them-


witness processing requirements. selves may need help in order to
assist others. For example, in each
Logistical Considerations of the six school shootings the FBI
Agencies should create an studied, the National Organization
emergency response crime scene Victim/Witness for Victim Assistance’s Crisis Re-
team comprised of experienced in- Processing Requirements sponse Team arrived within 24
vestigators. They should designate Agencies should designate a hours of the incident. All of the
a remote command post, away from large facility to accommodate vic- jurisdictions praised the team
the media and the crime scene. For tim/witness services. During a cri- for helping the local emergency
press conferences, they should se- sis, agencies should ensure that the responders help others in their
lect a facility, such as a National facility remains secure from the communities.
Guard armory, away from the com- media and onlookers. However, at
mand post and the crime scene to the same time, they must publicize PREVENTIVE MEASURES
keep both of these locations secure its existence so victims and wit- Law enforcement agencies,
from the media and onlookers. nesses will know where to go for schools, and communities can

September 1999 / 11
employ preventive measures that officers permanently assigned to Educate Teachers and Parents
may help identify potential at-risk the school by the police depart- The police should train teach-
students and defuse violent con- ment). These officers can provide ers, school counselors, and parents
frontations. Anonymous reporting positive information quickly, weed to recognize students at risk of com-
programs, school resource officers, out rumors, and develop intelli- mitting violence. While society can
zero-tolerance policies, educational gence regarding potential or prevent or minimize violence, it
programs, effective liaison, and leg- planned acts of violence. Besides rarely, if ever, can predict it because
islative and social reforms consti- school resource officers and other of the numerous human variables
tute some of the ways communities officers with school duties, patrol involved. Therefore, teachers and
can safeguard their children. officers should adopt schools in parents must look for “leakage” in
their assigned areas and, whenever student behavior that may signal the
Implement Anonymous possible, have lunch at the school. potential for violence. One behav-
Reporting Programs This gives students an opportunity ior leakage that was present in all
In all but one of the six school to develop trust and to talk to police but one of the shootings involved
shootings, the suspects “leaked” officers in a neutral, nonthreatening the stated or implied desire to com-
their intentions to other students, atmosphere. mit a violent act or suicide.
but the police did not receive this Other general warning signs or


information. At the time of the personal background indicators
shootings, none of these schools include:
had a Scholastic Crime Stoppers
Program or an anonymous tip line Law enforcement • a history of violence;
or comment box in place. A tip line agencies, schools, • a close family member who
or similar program would facilitate and communities has committed a violent act;
the flow of anonymous information can employ • a history of alcohol or drug
from the students to the police and abuse;
would constitute a definitive pre- preventive measures
ventive effort. To ensure effective- that may help • a precipitating event, such as
ness, school officials should moni- identify...at-risk a failed romance or the percep-
tion of a failed romance,
tor this tip line or comment box 24 students....


hours a day or at least access it be- which was the case in
fore the school day begins. A good several of the school
working relationship must exist be- shootings;
tween school authorities and the po- • the availability of a weapon or
lice to ensure that the police receive Develop a Zero-Tolerance Policy the means to commit violence;
the information in a timely way. If Schools should establish a zero- • a recent attempt to commit
the targeted schools had had an tolerance policy for students who suicide or an act of violence,
anonymous tip program, the police make threats. Such a policy might as was the case in several of
probably could have caught several include expulsion or suspension of the school shootings;
of the shooters as they entered their students who threaten to kill or as-
schools. sault others and, if appropriate, • a lack of coping skills or
quickly provide psychological strategies to handle personal
Employ School evaluation or intervention for these life crises with no controls to
Resource Officers students. When adults take threats prevent anger or positive ways
In conjunction with a tip seriously, students will realize that to release it; and
program, schools should con- violence is not a condoned resolu- • no apparent emotional support
sider school resource officers (i.e., tion to conflict. system.

12 / FBI Law Enforcement Bulletin


When teachers, school counse- Violence Indicators
lors, or parents see a problem, they
should notify school security per- Several factors exist that may indicate that individuals
sonnel and the police. Police should have the potential to commit violence. While these indicators
meet with parents and teachers to are by no means certain or present in every case of violence,
encourage them to seek counseling children who exhibit these symptoms should receive counsel-
for youths who exhibit symptoms ing services in an effort to prevent the potential of future
indicating a need for intervention. violent acts.
However, because many incidents
and changes in life can cause • The individuals demonstrate low self-esteem.
changes in student behavior, it be- • The individuals have committed previous acts of cruelty
comes difficult to know what is nor- to animals. This is a symptom of child abuse, along with
mal student behavior and what con- setting fires, bed-wetting (beyond a normal age), and
stitutes grounds for concern and being abusive to adults. FBI research has found that these
possible intervention. indicators frequently appear in the childhoods of serial
One method for discovering po- violent sexual offenders and may exist in cases of juve-
tentially violent students involves nile violence.
having students write about their • The individuals are fascinated with firearms. In the six
lives as a window into their cases of school violence, the offenders used firearms,
thoughts. This would have helped which they allegedly obtained without parental or guard-
in some of the school shootings if ian consent or stole outright.
the teachers had had the essays and
then been able to interpret their con- • The individuals’ mothers or other family members
tent and style. For example, one of disrespect them. This creates a feeling of powerlessness
the shooters’ work was influenced when coupled with chronic abuse and can initiate the
heavily by the 19th-century German need to exert power over and control another. It also can
philosopher Friedrich Nietzsche, result in extreme anger.
who is best known for having pro- • The individuals see violence as the only alternative left
claimed the death of God and for for them. In the six school shootings, the suspects
calling himself an “immoralist,” carefully planned their crimes and thoroughly premedi-
one who opposes all morality.4 An- tated the actual events.
other suspect’s writing was inspired
by the musician Marilyn Manson
who reportedly based his song “An-
tichrist Superstar” on Nietzsche’s
book The Antichrist, a critique of
Pauline Christianity.5 While these increasingly violent actions of stu- establish rapport with students,
influences and writing styles may dents. For example, research has teachers, and staff. Liaison, trust,
not uncover a potential school shown that violence depicted in the training, and intelligence must exist
shooter, they do represent signs that media has a small impact on a large for prevention programs to succeed.
educators and parents should take number of children and a large im- Moreover, communities must
seriously and explore further. pact on a small number of children.6 send positive messages to all of
Therefore, as a way of identifying their children that they are valuable
Maintain Communication the small number of children and important to the community.
No easy solutions exist for greatly impacted by violence in the Parents and other concerned adults
curbing violent behavior. No one media, uniformed officers should must find ways to sincerely praise
group can accept the blame for the visit schools as often as possible to children, positively recognize their

September 1999 / 13
Offender Profile
The suspects involved in the six school shootings that the FBI reviewed displayed similar traits.
While any one of these characteristics alone may not describe a potential school shooter, taken
together, they provide a profile that may assist law enforcement, schools, and communities to
identify at-risk students.
• The suspects were white males under 18 • They seemed to have trouble with their
years old with mass or spree murderer traits. parents, though no apparent evidence of
• They sought to defend narcissistic views or parental abuse existed.
favorable beliefs about themselves, while, • They were influenced by satanic or cult-
at the same time, they had very low type belief systems or philosophical works.
self-esteem. • They listened to songs that promote
• They experienced a precipitating event (e.g., violence.
a failed romance) that resulted in depression • They appeared to be loners, average
and suicidal thoughts that turned homicidal. students, and sloppy or unkempt in dress.
• They lacked, or perceived a lack of, family • They seemed to be influenced or used by
support. Two of the suspects killed one or other manipulative students to commit
both of their parents. extreme acts of violence.
• They felt rejected by others and sought • They appeared isolated from others,
revenge or retaliation for real or perceived seeking notoriety by attempting to “copy-
wrongs done to them. cat” other previous school shootings but
• They acquired firearms generally owned by wanting to do it better than the last shooter.
a family member or someone they knew. • They had a propensity to dislike popular
• They perceived that they were different students or students who bully others.
from others and disliked those who were • They expressed interest in previous
different (i.e., self-loathing). They needed killings.
recognition, and when they did not receive
positive recognition, they sought negative • They felt powerless and, to this end, may
recognition. have committed acts of violence to assert
power over others.
• They had a history of expressing anger or
displaying minor acts of aggressive physical • They openly expressed a desire to kill
contact at school. others.
• They had a history of mental health • They exhibited no remorse after the
treatment. killings.

contributions to the community, Explore Legislative initiatives could include legislation


and actively show children that they and Social Reforms that
are loved and respected. At the Law enforcement, schools, • provides for mandatory
same time, communities should and parents can do only so much custody to evaluate any
encourage zero tolerance for to prevent school violence. Society juvenile found in the posses-
violence whether committed by must begin to explore ways to com- sion of a firearm or other
children or adults. bat these vicious attacks. Such deadly weapon;

14 / FBI Law Enforcement Bulletin


• requires school officials to violence and encourage respect for school violence could occur in
report to the police any life and education, along with ini- rural areas of the United States?
criminal offenses committed at tiatives that increase individual and Unfortunately, Americans need to
their schools and to furnish parental responsibility and account- accept that grisly, violent acts can
blueprints of their facilities to ability. Communities also should occur anywhere and be committed
local law enforcement authori- advocate mental health services for by almost anyone, even a child.
ties; individuals who need it, meaningful If a youngster can take a gun to
• enables law enforcement, sanctions for those who demon- school and pull the trigger, then
schools, juvenile authorities, strate an unwillingness to conform communities must come together
and other criminal justice their behavior to the law, and av- to deal with this problem in
agencies to share information enues for obtaining information that a multidisciplinary approach. The
for the purpose of criminal may enable behavioral scientists to phenomenon of school violence is
investigations or identifying better identify predictive behavior complicated and will take a great
children who may pose a and thresholds of behavior that re- deal of wisdom to address pro-
danger to themselves and quire intervention (treatment or perly. Meanwhile, law enforcement
others; and sanctions, as appropriate). agencies must develop compre-
hensive plans for responding to
• allows courts to try as adults CONCLUSION such attacks, and they must join
juveniles who commit Many Americans may find the with their schools and commun-
homicide.7 old adage an ounce of prevention is ities to implement prevention
Besides supporting legislative worth a pound of cure difficult to programs. Doing so will make
action, communities should de- believe. But who would have American children feel good about
velop programs that denounce thought that such horrible acts of themselves, their families, their

Scholastic Crime Stoppers

T he Scholastic Crime Stoppers Program


promotes school spirit, pride, and responsi-
bility. It allows students to take action against
raise funds, review information about crimes,
and determine rewards. However, the success
of the program often depends directly upon the
victimization and crime by anonymously report- amount of support and encouragement that the
ing such activities to the school administration. school administration provides.
The students receive a monetary reward ranging Schools should tailor the program to fit their
from $5 to $100 if the tip proves instrumental specific needs. Some schools have implemented
in solving a crime. This program is found mostly Crime Stopper hot lines, billboards, contests,
in high schools, but elementary and junior high designated Crime Stopper days, and parades to
schools, along with universities and colleges, deliver their message of zero tolerance against
have begun to implement such initiatives. crime.
The program is operated by students who For additional information, visit the Scho-
appoint a board of directors composed of lastic Crime Stoppers Web site at: http://www.
students who market and advertise the program, c-s-i.org/scs.htm.

September 1999 / 15
neighborhoods, and their country.
To paraphrase a familiar saying, all Wanted:
it takes for the triumph of evil is for Photographs
a few good people to do nothing.8

Endnotes
1
“America Under the Gun: Assaults in U.S.
Schools,” The New York Times, April 26, 1999,
available from http://www.nytimes.com/library/
national/guns-schools.html; accessed April 26,
1999.
2
These lessons resulted from a 2-day school
violence summit hosted by the FBI’s Little
Rock Field Office and the Arkansas State Police
and moderated by the FBI’s Behavioral Science
Unit in August 1998. Representatives from
Pearl, Mississippi; Stamps and Jonesboro,
T he Bulletin staff is
always on the lookout
for dynamic, law enforce-
Arkansas; Edinboro, Pennsylvania; Springfield,
Oregon; and Paducah, Kentucky, shared their
ment-related photos for
experiences. The suggestions they offered for possible publication in the
dealing with school violence form the basis of magazine. We are interested
this article. in photos that visually depict
3
The National Organization for Victim
Assistance is located at 1757 Park Road, NW,
the many aspects of the law
Washington, DC 20010-2101 and can be enforcement profession and
contacted at 202-232-6682 or 800-TRY-NOVA illustrate the various tasks
or at its Web site http://www.try-nova.org. law enforcement personnel
4
Maude Marie Clark, “Nietzsche,
Friedrich,” in Routledge Encyclopedia of
perform.
Philosophy, 1998. We can use either black-
5
Ibid. The musician wrote an article about and-white glossy or color
the shooting at Littleton, Colorado. See Marilyn prints or slides, although we
Manson, “Columbine: Whose Fault Is It?”
Rolling Stone, May 1999, available from http://
prefer prints (5x7 or 8x10).
www.marilyn-manson.net/press/rolling-stone- Appropriate credit will be
may-1999.ntm; accessed June 4, 1999. given to contributing photog-
6
Deborah Prothrow-Stith, Deadly raphers when their work
Consequences (New York: Harper Collins,
1991), 29-47.
appears in the magazine. We
7
Supra note 2. These suggestions were suggest that you send dupli-
contributed by a chief of police attending the cate, not original, prints as
seminar. we do not accept responsibil-
8
The original quote, “The only thing
necessary for the triumph of evil is for good
ity for prints that may be
men to do nothing,” is attributed to Sir Edmund damaged or lost. Send your
Burke in John Bartlett, Bartlett’s Familiar photographs to:
Quotations, 16th ed., ed. Justin Kaplan, (New
York: Little, Brown and Company, 1992), 332. Brian Parnell, Art
Director, FBI Law
Enforcement Bulletin,
FBI Academy, Madison
Building 209, Quantico,
VA 22135.

16 / FBI Law Enforcement Bulletin


Case Study
Timber Theft What Is Timber Theft?
A Solvable Crime In most states, the unauthorized control of some-
one else’s property, including timber, constitutes
By David L. Windsor
theft. Occasionally, states may include a specific
dollar value as part of the prerequisites for theft, and
contrary to common belief, timber does have a value.
An officer may ask, “Why would someone want
to steal a tree?” The motivation to steal timber is the
same as it is to steal any item—profit. Superior
quality logs can sell for a high price. The value of
timber depends on the species, the quality, the length,
and the diameter of the log and will vary depending
on current market prices. For example, the current
worth for a medium-grade black-walnut veneer log
delivered to a veneer mill is $5 per board foot.1
According to one of several methods used in the
industry to price timber, a log with a diameter of 18
inches and a length of 14 feet has 171 board feet and
a value of $855.
One Officer’s Experience
An officer with the Indiana Department of
Natural Resources received information that someone
had taken several trees from a farm near an interstate.
Photo © PhotoDisc
The officer met with the landowner, who advised that

W hen picking up a pencil, opening a door, or


using the hundreds of other everyday items
made from wood, people seldom consider that those
he had found several stumps on his property but that
only certain parts of the trees were missing. He
advised the officer that the thieves apparently had
driven through a neighbor’s field, cut his fence, and
items originated as trees in a forest. Someone har- entered his property. The landowner also believed the
vested, processed, and formed the wood needed to theft had occurred within the month.
create those items. Although most timber is harvested The officer and the landowner went to the woods
legally, several thousand trees are harvested illegally and found six black-walnut trees cut with a portion of
each year throughout the United States. each missing. Apparently the thieves were in a hurry
Unfortunately, many of these illegal harvests or because each stump had splinter pulls—the uncut
thefts go unreported, and those reported often remain fibers of the tree that remain after the tree falls. The
unsolved. Many times, when a law enforcement thieves had cut the stumps 14 inches or more above
agency receives a report of a timber theft, the depart- the ground, similar to firewood cuts, as opposed to the
ment considers it an unsolvable crime. Because most very low cuts of veneer harvesters. The officer
officers have little or no knowledge of the timber conducted a preliminary crime scene survey and
industry or timber thefts, they frequently make the found over 20 empty beer cans scattered throughout
mistake of thinking that someone has trespassed to the woods, a shoe print on one of the paths, and tire
cut firewood and assume that no evidence exists that tracks in several locations. The landowner mentioned
they can trace to a suspect. Investigations also are to the officer that he had seen similar tracks leading
hampered because the thefts often occur several into another wooded area approximately 2 miles north
weeks or even months prior to their discovery. of his woods.

September 1999 / 17
After taking photographs and collecting evidence, The officer from the first case learned that the
the officer checked the second woods mentioned by landowner from the second case was holding the
the landowner. The officer observed similar tire suspect’s truck until he received payment for the logs.
tracks and found nine black-walnut stumps cut like The officer obtained a search warrant and took paint
those in the first case. The officer also found beer samples and other evidence from the truck, including
cans scattered, along with other a receipt from a nearby veneer
debris, throughout the scene. mill.
While surveying the scene of this Then the officer met with the
theft, the officer noticed that the
vehicle driven into the woods had
scraped various trees leaving paint.
The officer photographed and
“ In most states, the
unauthorized control
owner of the veneer mill, who
produced documents showing that
the mill bought several black-
walnut logs from the suspect. The
collected paint samples and beer of someone else’s officer surmised that the suspect
cans from this scene, as well. property, including had stolen each of the logs because
Next, the officer needed to timber, constitutes he was not a licensed timber buyer
determine the value of the stolen theft. in Indiana. The mill owner in-
property. He contacted a state formed the officer that he had
forestery expert to “re-create” the
stolen log. The forester used a
technique, accepted in the forestry ” stopped doing business with the
suspect when the suspect had
attempted to steal a log from the
profession, that uses the stump diameter, the diameter mill several months earlier. The mill owner thought
of the second cut at the tree top, and the distance the suspect also had sold logs to another local veneer
between the indentation where the tree fell and the mill.
second cut at the tree top to determine the diameter Contact with the employees of the second mill
and length of the stolen log. Determining the quality revealed that the suspect had sold logs to them and
of the log is a more difficult task; however, by continued to bring in logs weekly. The mill employ-
examining the remaining portions of the tree for ees cooperated in the investigation and notified the
defects in the wood and the quality of the surrounding officer each time the suspect sold logs to them. Upon
trees, the forester can estimate accurately the quality notification that the suspect had visited the mill, the
of the stolen log. officer would photograph the logs and obtain copies
The forester estimated the value of the logs taken of the payment receipts given to the suspect. Because
from the first scene as $2,946 and the total value of the pattern of annual rings and the shape of the tree
the downed trees to be $3,266. The logs taken from trunk provide unique information similar to finger-
the second woods were worth $6,100; the total value prints, the officer took a cutting from the end of each
of those trees was $6,300. It remains important to log for possible comparisons in any future thefts.
determine the value of both the stolen logs and the After a fourth theft was reported, the officer again
downed trees because the property owner was de- found evidence similar to the previous cases. After a
prived of the ability to harvest the trees and sell them thorough crime scene search, the officer recognized
legally. an unusual characteristic in one of the stumps. He
The police laboratory processed the evidence compared the sample cuttings from the veneer mill
collected from both scenes and found a single finger- and matched three cuttings to the stumps at the new
print on one of the beer cans. Although the print was crime scene. He then filed charges against the suspect.
identifiable, the police had no suspects or witnesses to The suspect was charged with theft in state court
either crime. They suspended this investigation for and later charged with theft in two other counties and
nearly 2 years. They reopened the case when a once in federal court for theft on a federal wildlife
landowner in a nearby county caught a suspect refuge. The courts found the suspect guilty in each
stealing black-walnut trees from his property. case. Additionally, state revenue investigators

18 / FBI Law Enforcement Bulletin


charged the suspect with tax evasion for failure to commonly are used for other products ranging from
report the income he had received from the sale of building materials to baseball bats.
over 400 logs. The suspect paid restitution to the Once officers determine the suspected use, they
landowners and spent a total of 6 years in prison. can begin to look at various mills in their area.
Investigators should not limit
How to Investigate their focus to their own
Timber Theft jurisdictions but should
The first officers on the expand to a large area,
scene of a timber theft must including surrounding
determine who owns the communities and, in some
property and if the owner has cases, other states. Forestry
made any arrangements that experts can help investigators
would allow a renter to sell distinguish tree species from
timber from the property. their unique identifiers,
Some reported cases of determine timber quality and
timber theft become civil value, explain common
cases due to misunderstand- harvest practices, locate
ings and landowner-tenant potential timber buyers, and
disputes. Once officers even identify potential
determine that a timber theft suspects.
has occurred, they can
process the crime scene as Conclusion
they would any other. Although timber theft
Officers must remember investigations may sound
that every crime scene unique, they are conducted
contains evidence, regardless much the same as any other
of the location, and a timber criminal investigation. Often,
theft crime scene is no the lapse of time between
exception. Each scene always will contain traceable when the logs are stolen and when the landowner
evidence of the timber’s being taken, such as tire reports the theft can hinder an investigation. By
tracks, occasional paint transfers, stumps, and various making contact with area mills; state, national, and
other items that the thief may have purposely dis- private foresters; timber buyers; and other timber
carded or accidently left behind. Keeping this in industry personnel, officers can gain valuable knowl-
mind, officers should secure the scene and protect any edge that will save them crucial time when a timber
potential evidence for later use or identification. theft occurs and will help them in apprehending the
Before investigators begin the search for stolen thief more quickly.
timber, they should have an idea of how it may be
used. For example, in the Midwestern states, where Endnote
such trees as black-walnut, white and red oak, maple, 1
A board foot is an industry standard unit of measure equal to a board
and black cherry remain abundant, high-quality logs 1 inch thick by 12 inches long by 12 inches wide.
are harvested and processed into veneer to use as
paneling or processed into furniture and other wood Lieutenant Windsor serves as the training officer for
products. In such states as Oregon and Washington, the Indiana Department of Natural Resources, Law
Douglas fir and hemlock are harvested for commer- Enforcement Division, Indianapolis.
cial firewood, and cedar is harvested for shake
shingles and fence posts. Many other species are

September 1999 / 19
Bulletin Reports

Reducing Gang Crime


The Los Angeles Police Department employed a deceptively
simple tactic, traffic barriers, to block automobile access to streets as a
way of reducing gang violence. The National Institute of Justice (NIJ)-
sponsored evaluation of Operation Cul-de-Sac (OCDS), as the program
was called, examined whether the tactic could reduce gang crime.
In its 2 years of operation, 1990-1991, OCDS appeared to reduce
violent crime. Homicides and street assaults fell significantly in both
years and rose after the program ended. Property crime decreased
substantially during the first year, but it also declined in the compari-
son area that had no OCDS operating, indicating that other factors
besides the traffic barriers caused the reduction. Moreover, in the
second year of the program, property crime rose, suggesting that the
street closures affected only violent crime. Lastly, crime was not
displaced to other areas. This may have occurred because the areas of
potential displacement are the turf of rival gangs.
Agencies can use traffic barriers as part of an approach to maxi-
mize neighborhood residents’ defensible space by increasing their span
of control. Zones configured with the barriers heighten the visibility of
suspect activities and can prove effective when combined with “natural
guardians,” people who serve as informal sources of surveillance and
social control. To
order a copy of this
report, “Designing
Out” Gang Homi- The Office of Juvenile Justice and Delinquency
cides and Street Prevention Releases New Publications
Assaults, NCJ
173398, contact NIJ’s 1998 Annual Report on School Safety (NCJ 173934) provides parents,
National Criminal schools, and communities with an overview of the scope of school crime
Justice Reference and describes actions schools and communities can take to address this
Service at 800-851- critical issue. The report shows what measures some schools have taken
3420, or access the to prevent or address school violence and provides parents, students, and
home page at http:// educators with information and resources to evaluate and enhance their
www.ncjrs.org. own school’s level of safety.
Promising Strategies to Reduce Gun Violence (NCJ 173950) profiles
60 demonstrated or promising programs and strategies that address the
problem of gun violence; examines the nature of the problem from a
national perspective, including current trends; and discusses the process
of developing a solution. The report also includes a section on resources
for research, technical assistance, and education; geographical and
alphabetical program indexes; and a matrix of participating agencies.
Individuals interested in obtaining free copies of these reports or
obtaining a list of additional publications produced by OJJDP should
contact the Juvenile Justice Clearinghouse at 800-638-8736.

20 / FBI Law Enforcement Bulletin


Controlling Drug and Disorder Problems
Law enforcement agencies across the United States have implemented many strategies to reduce
drug and disorder problems. One strategy gaining prominence applies civil remedies (e.g., fines for
code violations and threats of legal action) to persuade or coerce nonoffending third parties, typically
the property owner or manager, to take action against criminal or nuisance behavior. The Oakland,
California, Police Department developed the Beat Health program, which uses civil statute sanctions as
leverage to encourage managers to address drug and disorder problems on their properties. Researchers
gathered basic data at 50 control sites (where police engaged in standard patrol responses to drug and
disorder problems) and at 50 Beat Health program sites throughout the city over a 39-month period.
Researchers used calls for service, social observations, and interviews with managers to explore the
impact of the program.
The combined efforts of the police and municipal authorities led to noticeably cleaner properties,
more legitimate use of the street, less illicit and uncivil behavior, and fewer drug-related calls for
service, especially in residential sites. Specifically, during the 12-month postintervention period, the
density of drug calls for service per square mile in the Beat Health residential sites decreased by 16.2
percent and increased by 5.4 percent in the control residential sites. The density of drug calls related to
commercial Beat Health sites increased by 45.8 percent during this period and by 282.2 percent at the
commercial control sites.
These findings suggest that
the Beat Health program is
particularly effective in Office for Victims of Crime
residential locations, and Training and Technical Assistance Center
that the patrol response is
particularly ineffective at The Office for Victims of Crime (OVC) provides federal
commercial locations. For a funds to support victim assistance and compensation programs
copy of this National Insti- around the country and advocates the fair treatment of crime
tute of Justice report, victims. The OVC Training and Technical Assistance Center
Controlling Drug and serves as a centralized access point for information about
Disorder Problems: OVC’s training and technical assistance resources to federal,
Oakland’s Beat Health state, and local agencies and special emphasis organizations
Program, NCJ 175051, involved in providing services to crime victims. The center
access NIJ’s Web site at provides expert, focused support and mentoring in such areas
http://www.ojp.usdoj.gov/nij. as program management, program evaluation, and policy/
procedure development to facilitate long-term, systemic
change to improve services to crime victims. It establishes an
annual training calendar and ensures that training materials
developed by OVC, in partnership with its discretionary
grantees, are available to the victim services field. The center
supplies speakers for conferences, focus groups, and other
meetings and maintains a consultant pool of experts capable
of providing effective on-site technical assistance to address
operational problems and needs. For more information,
contact OVC at 800-627-6872 or at http://www.ojp.usdoj.gov/
ovc/.

September 1999 / 21
Safeguarding Our Schools
By DENNIS BRIDGES

“S everal students have these tragedies. Schools should techniques and precautionary mea-
been shot at the high have safety procedures in place that sures, communities can help create
school. Gunmen are cover all possible catastrophes and safer schools. For example, schools
holding hostages.” No law enforce- disasters. Although shooting inci- should limit access to their property
ment agency ever wants to receive dents can occur even with extensive by locking all unmonitored en-
this kind of call. However, in prevention programs and campus trances and requiring all visitors to
the emergence of recent school security measures, with appropriate check in at the office. They should
shootings, law enforcement safeguards, law enforcement agen- issue distinct identification for visi-
agencies should have a tested emer- cies can help students be prepared if tors to wear while on campus and
gency response plan to handle such violence erupts in their school. require, where legally permissible,
situations. student dress codes or uniforms to
The schoolyard shootings that IMPLEMENTING identify intruders more easily.
occurred in several states during the PHYSICAL SAFEGUARDS Schools should assign specific indi-
1997/98 school year prompted U.S. public schools are not viduals to monitor campus perim-
school officials and police to exam- designed as fortresses. However, by eters and hallways and provide two-
ine their procedures for reacting to using basic crime prevention way radios for staff members

22 / FBI Law Enforcement Bulletin


responsible for monitoring campus students and school personnel can horn, or intercom system—can
activities. School personnel should learn easily. Because students gen- signal when a school receives a
conduct routine security inspec- erally range in age from 5 to 18 threat and enters into an unusual
tions of the exterior and interior of years old, planners should ensure mode (e.g., “lockdown” or “class-
the campus and report any suspi- that emergency responses remain room evacuation”). The audible
cious activity to school officials or, appropriate for particular ages. warning system will alert students
if warranted, to the police. As part of the planning process, and teachers to remain inside or
Schools also can safeguard local law enforcement agencies to respond to classrooms and
their campuses by requiring that should obtain school maps or site offices. In a lockdown, all doors
students wear visible student identi- plans, which will assist officers remain locked to prevent unautho-
fication at all times. In certain in- who respond to shooting and hos- rized individuals from entering
stances, schools can help eliminate tage incidents. Additionally, local rooms. Officers should direct
weapon possession by requiring police departments should have school officials to ensure that stu-
that students use backpacks and master keys to all school class- dents remain in or respond to a
other book carriers made of clear rooms and offices to ensure that particular classroom or office
material to allow visibility of their special weapons and tactic (SWAT) until the “all clear” signal sounds,
contents. teams have the quick access they which should originate only from
need when confronting shooters or the principal or the appropriate
PLANNING RESPONSES rescuing students and staff mem- designee.
While schools can take certain bers. Finally, plans should stress the In the past, schools have used
preventive measures to safeguard importance of law enforcement and classroom evacuation for fire
students, communities still must school personnel remaining in con- alarms, bomb scares, and hazardous
plan for the possibility of school stant contact during a crisis. material spills. However, law en-
violence. Following the Jonesboro, forcement officials may direct
Arkansas, school shooting, one Audible Warning System schools to use this technique during
school official said, “Those two A warning system using an au- a school shooting if circumstances
kids had a plan, so they were al- dible mechanism—such as a bell, permit.
ready one step ahead of everyone
else. There was such thought and
detail in their actions. They knew
specifically where the teacher and


those girls would come out and
when to pull the fire alarm. We need
to get as smart as they are.”1 Developing an
Developing an effective emer- effective emergency
gency response plan requires that response plan
all facets of the community work requires that all
together. Law enforcement agen-
cies must form a partnership with facets of the
school administrators and parents to community work
discuss and design strategies to en- together.


sure student safety. Before a crisis
occurs, students, teachers, and ad-
ministrators should know how to
respond, as well as how to help alle- Lieutenant Bridges serves in the Youth and Community
viate fears. Plans should include Services Section for the Fresno, California, Police Department.
straightforward directions that

September 1999 / 23
Resources

Office for Victims of Crime National Organization for Victim Assistance


U.S. Department of Justice 1757 Park Rd., NW
810 7th St., NW, Seventh Floor Washington, DC 20010-2101
Washington, DC 20531 202-232-6682
202-305-4548 800-TRY-NOVA
http://www.ojp.usdoj.gov/ovc http://www.try-nova.org

National Crime Prevention Council National Criminal Justice Reference Service


1700 K St. NW, Second Floor Box 6000
Washington, DC 20006-3817 Rockville, MD 20849-6000
202-466-6272 800-851-3420
http://www.ncpc.org http://www.ncjrs.org

Response to Gunfire Police officers should advise with no immediate access to cover
Reactions to gunfire vary. The school students and staff members or concealment, police officers
ability to learn reaction skills de- to stay away from windows and to should instruct students to “drop
pends on the age of the student (e.g., shield themselves behind or with and hold”—get as close to the
young children will not remember objects that will stop or signifi- ground as possible, cover their
complicated reaction instructions). cantly impede a bullet (e.g., a desk). heads, and remain still. However, in
Officers should provide the easiest In cafeterias, tables and benches cases where the threat does not
training, thereby increasing stu- may offer the quickest form of pass (i.e., an intruder walks through
dents’ abilities to recall instructions cover. In some instances, when safe a playground shooting at students),
and react appropriately. Training to do so, students should close and dropping and holding provides
should remain as consistent as pos- lock all windows and close curtains vulnerable, nonmoving targets for
sible with human instinct, which or blinds. the shooter. Therefore, students
people usually rely on when under Students outside of classrooms should seek to eliminate or reduce
pressure. Most individuals react in- should take evasive action when the target they present by seeking
stinctively to surprise gunfire. possible to minimize their chances cover or concealment as soon as
Therefore, law enforcement agen- of getting struck by a bullet. They possible.
cies should train students and should use the closest cover for
school staff members how to re- protection or seek concealment if PRACTICING RESPONSES
spond when they hear gunfire with- cover is not available. Concealment Practice drills will confirm that
out receiving a previous warning can provide an alternative to students and staff members under-
signal. Officers also should encour- taking cover by hiding a person stand what steps to take when re-
age school personnel and students from the shooter, although it might sponding to a threat of or an actual
to try and remain calm during such not protect an individual from a shooting on campus. School admin-
occurrences. bullet (e.g., a bush). In open areas istrators never should surprise

24 / FBI Law Enforcement Bulletin


students and staff members with a spaces, and basements also should enforcement agencies, school
simulation of gunfire or create other participate and provide assistance. officials, and parents should
tactics that might cause them to remain prepared. By planning
mistake a real incident of violence CONCLUSION emergency responses and teaching
for “just another drill.” Local law Any gun injury or death on reaction skills without instilling
enforcement officers and paramed- a school campus presents an unwarranted fear, school personnel,
ics should participate in designing enormous tragedy. The number of students, and parents will gain
and practicing drills. They should cases during an average school confidence in the safety of their
designate a predetermined location year in which a student is shot schools.
for an emergency operations center while attending school remains
where police officers and school very low. Because of the rarity of Endnotes
personnel can exchange critical in- these incidents, they receive broad 1
Cathy Danyluk, Safe Schools coordinator,
formation and direct the operation. media coverage that continues for regarding the Jonesboro, Arkansas, school
Individuals with knowledge of such several days following the event. shooting that left four girls and a teacher dead.
details as classroom designs, power Most schools will not
and water shut-off locations, crawl experience gun violence, but law

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September 1999 / 25
FBI Law Enforcement Bulletin
Author Guidelines
GENERAL INFORMATION additional specifications, detailed examples, and
The FBI Law Enforcement Bulletin is an effective writing techniques.
official publication of the Federal Bureau of PHOTOGRAPHS AND GRAPHICS
Investigation and the U.S. Department of Justice.
Frequency of Publication: Monthly. A photograph of the author(s) should
Purpose: To provide a forum for the ex- accompany the manuscript. Authors can submit
change of information on law enforcement-related photos and illustrations that visually enhance
topics. and support the text. Black-and-white glossy
Audience: Criminal justice professionals, prints (3- by 5-inch to 5- by 7-inch) reproduce
primarily law enforcement managers. best. The Bulletin does not accept responsibility
for lost or damaged photos or illustrations.
MANUSCRIPT SPECIFICATIONS PUBLICATION
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to 3,500 words (8 to 14 pages, double-spaced). articles on relevance to the audience, factual
Submissions for specialized departments, such as accuracy, analysis of the information, structure
Police Practice and Case Study, should contain and logical flow, style and ease of reading, and
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another person’s work or ideas, or referring to help authors, this process does not guarantee
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proper footnote format, authors should refer to A Author Notification: The Bulletin staff will
Manual for Writers of Term Papers, Theses, and review queries and articles and advise the
Dissertations, 6th ed., by Kate L. Turabian. authors of acceptance or rejection. The maga-
Writing Style and Grammar: The Bulletin zine cannot guarantee a publication date for
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Writer’s Guide to Style and Usage and should SUBMISSION
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Authors also should contact the Bulletin staff VA 22135; telephone: 703-632-1952; fax: 703-
for the expanded author guidelines, which contain 632-1968; e-mail: leb@fbiacademy.edu.

26 / FBI Law Enforcement Bulletin


Book Review

When Good Kids Kill by Michael D. author presents have received national cover-
Kelleher, published by Praeger Publisher, age but provided limited information.
Westport, CT, 1998. When Good Kids Kill is a well-designed
Most juvenile violence research focuses and progressive book that analyzes the devel-
on youths with a history of troubled back- opment of real scenarios involving juvenile
grounds (e.g., school dropouts, runaways violence. Each chapter begins with an anec-
living on the streets, abuse victims, and those dote correlating that specific chapter’s title and
from broken homes). In contrast,When Good theme. The author presents seven violent
Kids Kill addresses the violent crimes commit- incidents committed by girls, over 12 incidents
ted by juveniles who 1) have supportive involving boys and girls who kill, and 15 case-
families and stable homes; 2) do not have by-case snap shot profiles of these young
police records; 3) maintain average grades in criminals. The research reinforces the need for
school; and 4) participate in athletics. Juve- law enforcement agencies to perfect crime
niles’ killing peers or family members remains scene skills and develop knowledge of kids in
one of the most frustrating and complex society who seldom, if ever, come into contact
categories of violence. with law enforcement until an incident occurs
The author of When Good Kids Kill requiring a response.
specializes in threat assessment and strategic The fact that mitigating circumstances
and human resource management, bringing a associated with the killings usually do not
multitude of research, analysis, and writing exist creates a common thread in each of the
experience to the juvenile violence topic. The scenarios for law enforcement officers and
book provides valuable insight to the law prosecutors. Even though some low-level
enforcement and investigative communities by indicators suggest that violence might occur,
interviewing youths and providing much- most officers do not take juveniles’ comments
needed information on an important topic. seriously. The book concludes with a section
The author addresses crimes that range advising parents to communicate and become
from juveniles’ murdering their babies from good friends with their teens, as well as to
social fear and killing from feelings of rage or demonstrate and prove their love to them—
retribution to senseless thrill killing and good advice for all members of society.
murdering family members and friends. In the Additionally, When Good Kids Kill could
first three chapters, the author discusses the provide instructional reference to support
sex of youths who murder and their relation- juvenile instruction programs.
ship to their victims and then narrows the
research to focus on crimes hard to detect due Reviewed by
to low-level predictors and limited known Larry R. Moore
patterns to law enforcement. For example, if U.S. Army Military Police Corps (ret.)
juveniles have not come into contact previ- Certified Emergency Manager,
ously with law enforcement, it may be more National Coordinating Council on
difficult to prove them capable of violent acts. Emergency Management
Additionally, the book includes charts sup-
porting this research. Most of the cases the

September 1999 / 27
Legal Digest

Gang Congregation Ordinance


Supreme Court Invalidation
By DANIEL L. SCHOFIELD, S.J.D.

Photo © Tribute

O n June 10, 1999, in the the differing views of the justices. gangs. Based on evidence from resi-
case of City of Chicago v. Finally, the article assesses the dents and other sources, the council
Morales, 1 the U.S. Su- likely impact of Morales on using determined that public loitering by
preme Court held by a 6-3 vote that ordinances and injunctions to com- gang members had 1) increased the
Chicago’s Gang Congregation Or- bat gang activity. murder rate; 2) escalated violent
dinance is unconstitutional. Under- and drug-related crimes; and 3) en-
standing the law enforcement impli- CONSEQUENCES OF abled gang members to establish
cations of Morales is complicated LOITERING GANG control of areas that intimidated
because the decision includes six MEMBERS residents and created a justifiable
separate opinions. This article be- The Chicago City Council’s fear for the safety of people and
gins with a description of the ordi- Committee on Police and Fire con- property in those areas. Of particu-
nance and the reasons for its enact- ducted hearings to explore the lar significance, the city council
ment. Next, the article summarizes problems created by the city’s street found that criminal street gangs

28 / FBI Law Enforcement Bulletin


avoided arrest by committing no of- police discretion. Three of those place with no apparent purpose.”5
fense punishable under existing justices (the plurality) also con- That definition provides officers
laws when they knew the police cluded that the ordinance infringes absolute discretion in deciding
were present. a constitutional right to innocent whether to issue a dispersal order.
loitering and fails to give residents “The ‘no apparent purpose’ stan-
CHICAGO GANG adequate notice of how to conform dard for making that decision is in-
CONGREGATION their conduct to the confines of the herently subjective because its ap-
ORDINANCE law. Three justices dissented, find- plication depends on whether some
The ordinance created a crimi- ing the ordinance constitutional. purpose is ‘apparent’ to the officer
nal offense based on the following on the scene.”6
four predicates: 1) an officer must Majority—Inadequate The majority noted somewhat
reasonably believe that at least one Limits on Police Discretion disdainfully that the ordinance di-
of the two or more individuals Six justices (the majority) rects the police to issue an order for
present in a “public place” is a agreed that the ordinance reaches a individuals to disperse without first
criminal street gang member; 2) the substantial amount of innocent con- making any inquiry about their pos-
individuals must be “loitering,” de- duct and is unconstitutional because sible purposes7 and then observed:
fined as “remaining in any one the city council failed to “establish It matters not whether the
place with no apparent purpose”; minimal guidelines to govern law reason that a gang member
3) the officer then must order “all” enforcement.”3 The absence of such and his father, for example,
of the individuals to disperse and guidelines “necessarily entrusts might loiter near Wrigley Field
remove themselves from the area; lawmaking to the moment-to-mo- is to rob an unsuspecting fan
and 4) a person must disobey the ment judgment of the policeman on or just to get a glimpse of
officer’s order. If any person, his beat.”4 Sammy Sosa leaving the
whether a gang member or not, dis- The majority focused on the ballpark; in either event, if
obeys the officer’s order, that vast discretion conferred on police their purpose is not apparent to
person is guilty of violating the to determine whether a person is a nearby police officers, they
ordinance.2 “loitering,” which the ordinance may—indeed, they “shall”—
After the Chicago Police De- defined as “to remaining in any one order them to disperse.8
partment issued a general order pro-
viding guidelines to govern en-
forcement of the ordinance,


officers, issued over 89,000 dis-
persal orders and arrested more than
42,000 people over a 3-year period. Six justices concluded
An Illinois court invalidated the or- that the Chicago
dinance, ending its enforcement and ordinance is
beginning years of litigation that
culminated in the Supreme Court’s
unconstitutionally vague
deciding that the ordinance is un- because it fails to provide
constitutionally vague. adequate standards to
guide police discretion.
THE MORALES DECISION
Six justices concluded that the
Chicago ordinance is unconstitu-
tionally vague because it fails to
provide adequate standards to guide

Special Agent Schofield is the chief of the Legal
Instruction Unit at the FBI Academy.

September 1999 / 29
The majority was troubled that Process Clause of the Fourteenth Dissenters—Ordinance
an officer could treat an innocent Amendment, affords citizens a right Affords Police Traditional
purpose such as engaging in idle to engage in loitering that is entirely and Constitutional Peacekeeping
conversation as too frivolous to be harmless in both purpose and ef- Authority
“apparent” or order dispersal “even fect.13 They also concluded that the Justice Thomas’ dissenting
though an illicit purpose is actually ordinance failed to meet the re- opinion, which the Chief Justice
‘apparent.’”9 And literally inter- quirements of the Due Process and Justice Scalia joined, begins
preted, the “no apparent purpose” Clause because “it is so vague and with this ominous prediction: “By
definition of loitering would have standardless that it leaves the public invalidating Chicago’s ordinance
no applications to loitering that has uncertain as to the conduct it which was enacted to prevent gangs
an obviously threatening or illicit prohibits.”14 from establishing dominion over
purpose that excludes “from its the public streets, the Court has un-
converge much of the intim-


necessarily sentenced law-abiding
idating conduct that motivated its citizens to lives of terror and mis-
enactment.”10 ery.”16 In support of his conclusion
The majority rejected the argu- ...Chicago Police that “[t]he ordinance does nothing
ment that requiring officers to rea- more than confirm the well-estab-
sonably believe that a group of loi-
officers issued
lished principle that the police have
terers contains a gang member is a over 89,000 the duty and the power to maintain
sufficient limitation but then added dispersal orders the public peace, and when neces-
that police discretion could be suffi- and arrested sary, to disperse groups of in-
ciently limited “if the ordinance more than 42,000 dividuals who threaten it,”17 Justice
only applied to loitering that had an people over a Thomas offered several arguments.
apparently harmful purpose or ef- First, neither history nor Court
fect, or possibly if it only applied to
3-year period.
precedent support the plurality view


loitering by persons reasonably be- that “the freedom to loiter for inno-
lieved to be criminal gang mem- cent purposes is part of the ‘liberty’
bers.”11 Finally, the majority con- protected by the Due Process
cluded that the general order issued Clause of the Fourteenth Amend-
by the police department limiting The plurality focused on the ment.” Furthermore, the ordinance
enforcement to certain designated uncertainty of what loitering is cov- does not criminalize loitering per se
areas in the city did not cure the ered by the ordinance and what is but instead penalizes the failure to
otherwise-unconstitutional ordi- not. Even though loiterers are not obey an officer’s order to disperse.
nance because those internal rules subject to arrest unless they disobey Justice Thomas offered historical
would not provide a defense to a a dispersal order, the loitering is the and legal support for the proposi-
loiterer arrested in violation of conduct that the ordinance is de- tion that “as peace officers, the po-
those rules as long as the arrest was signed to prohibit. Therefore, the lice long have had the authority and
consistent with the broader provi- plurality reasoned that “if the loiter- the duty to order groups of individu-
sions of the ordinance.12 ing is in fact harmless and innocent, als who threaten the public peace to
the dispersal order itself is an unjus- disperse.... The authority to issue
Plurality—Ordinance Infringes tified impairment of liberty.” 15 dispersal orders continues to play a
Constitutional Right to Loiter Moreover, the terms of the dispersal commonplace and crucial role in
Three justices (the plurality) order compound the inadequacy of police operations.”18 Second, police
premised their decision to invali- the notice because it is unclear how must inevitably exercise discretion
date the ordinance on the notion long the loiterers must remain apart in performing their peacekeeping
that “liberty,” protected by the Due and how far they must move. responsibilities. Based on the

30 / FBI Law Enforcement Bulletin


requirement that officers issue Concurring Opinions Illustrate “loiter” had been narrowed to
dispersal orders only if they “ob- Narrow Scope of Decision mean “to remain in any one
serve a person whom they rea- Justices O’Connor, Kennedy, place with no apparent purpose
sonably believe to be a criminal and Breyer wrote opinions in which other than to establish control
street gang member loitering in any they concurred with one another in over identifiable areas, to
public place,” the ordinance is a part and also concurred in the judg- intimidate others from entering
constitutionally acceptable alloca- ment. The concurrence of Justice those areas, or to conceal
tion of police discretion. Conceding O’Connor that Justice Breyer illegal activities”;27 and 6) if
the possibility that some officers joined is noteworthy for the follow- there were limitations that
may abuse that discretion, Justice ing suggestions it offers on how the restricted the ordinance’s
Thomas wrote: Chicago ordinance and other gang criminal penalties to gang
Instances of arbitrary or members or that more care-
discriminatory enforcement of fully delineated the circum-
the ordinance, like any other stances in which those penal-
law, are best addressed when ties would apply to nongang
(and if) they arise, rather than members.28
prophylactically through the CONCLUSION
disfavored mechanism of a
facial challenge on vagueness All Supreme Court justices in
grounds.19 Morales recognized that lawmakers
and law enforcement officers face
Third, the ordinance is not many difficult challenges in trying
vague in terms of what is forbidden to combat the serious problems
and what is permitted because caused by gang-related activities.
“there is nothing vague about an Justice Scalia noted that those diffi-
order to disperse.”20 Because there culties are compounded by the fact
is no “fundamental right to loiter,” reliance on existing laws that pro-
it is erroneous to assume, as the loitering ordinances might be struc- hibit intimidating and unlawful
plurality did, that the ordinance pro- tured to pass constitutional muster: conduct (that are presumably con-
scribes constitutionally protected 1) if the ordinance applied stitutional) are rendered largely in-
conduct. Moreover, persons of ordi- only to individuals reasonably effective when, as the Chicago
nary intelligence sufficiently under- believed to be gang mem- City Council found, “gang mem-
stand what it means “to remain in bers;23 2) if the ordinance only bers cease their intimidating and
any one place with no apparent applied to loitering that had an unlawful behavior under the watch-
purpose.”21 apparent harmful purpose or ful eye of the police officers but
Justice Thomas concluded his effect;24 3) if the ordinance return to it as soon as the police
opinion by criticizing the majority incorporated limits on the area drive away.”29
for focusing on the rights of gang and manner in which the laws Chicago’s solution to that real-
members and their companions at may be enforced;25 4) if the ity was to enact an ordinance that
the expense of the residents of Chi- ordinance directly prohibited gave police discretion to clear the
cago, who suffer the consequences the presence of a large collec- streets of loitering gang members
of gang loitering. “By focusing ex- tion of obviously brazen, and their associates. In Justice
clusively on the imagined rights of insistent, and lawless gang Scalia’s view, Chicagoans “decided
the two percent, the Court has de- members and hangers-on on that depriving themselves of the
nied our most vulnerable citizens the public ways that intimi- freedom to ‘hang out’ with a gang
the...freedom of movement.”22 dates residents;26 5) if the term member is necessary to eliminate

September 1999 / 31
pervasive gang crime and intimi- under the theory that ongoing gang 14

15
Id at 1859.
Id at 1860.
dation—and that the elimination of activity is a public nuisance.31 Im- 16
Id at 1879.
the one is worth the deprivation of portantly, the holding in Morales 17
Id at 1881.
the other.”30 has no apparent effect on the contin- 18
Id at 1884.
While the Court in Morales in- ued use of injunctions to prohibit 19

20
Id at 1886.
Id.
validated Chicago’s ordinance, named gang members with a docu- 21
Id at 1887.
lawmakers should carefully con- mented history of intimidating resi- 22
Id.
sider structuring gang loitering or- dents and unlawful conduct in des- 23
Id 1964.
dinances in accordance with the ignated areas from loitering 24

25
Id.
Id.
suggestions in Justice O’Connor’s together in those areas. 26
Id.
concurring opinion. An ordinance 27
Id at 1964-65.
Endnotes
that is deemed constitutional by 1
119 S. Ct. 1849 (1999)
28
Id at 1865.
Justices O’Connor and Breyer pre- 2
Id at 1854.
29

30
Id at 1878.
Id at 1879.
sumably also would be upheld by 3
Id at 1861. 31
4 Regini, J.D.,“Combating Gangs: The
the three dissenting Justices in 5
Id.
Need for Innovation,” FBI Law Enforcement
Id.
Morales. 6
Id at 1862.
Bulletin, February 1998, 25-32.
Finally, the article “Combating 7
Id at 1861. Law enforcement officers of other than
Gangs: The Need for Innovation” 8
Id. federal jurisdiction who are interested in
9
that appeared in the February 1998 10
Id at 1862. this article should consult their legal
Id. advisors. Some police procedures ruled
issue of the FBI Law Enforcement 11
Id. permissible under federal constitutional law
Bulletin addressed the use of civil 12
Id. are of questionable legality under state law
injunctions to abate gang activity 13
Id at 1857. or are not permitted at all.

The Bulletin’s
E-mail Address

T he FBI Law Enforcement Bulletin staff invites


you to communicate with us via e-mail. Our
Internet address is leb@fbiacademy.edu
We would like to know your thoughts on
contemporary law enforcement issues. We
welcome your comments, questions, and
suggestions. Please include your name,
title, and agency on all e-mail
messages.
Also, the Bulletin is available
for viewing or downloading on a
number of computer services,
as well as the FBI’s home page.
The home page address is
http://www.fbi.gov.

32 / FBI Law Enforcement Bulletin


The Bulletin Notes
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. The Bulletin also wants to recognize
their exemplary service to the law enforcement profession.

After receiv-
ing a call of a
house fire early
one morning,
Sergeant Gre-
gory Snider and
Patrolman Butch
Pressley of the
Clinton, South
Carolina, Police
Sergeant Snider Patrolman Pressley Officer Snyder
Department
arrived at the location within minutes. An elderly citizen was While patrolling
trapped inside the burning house, and the officers heard faint behind a building late
cries for help. Unable to gain entry through the front of the one night, Patrol Officer
residence, both officers, without protective clothing or breathing Stacy Snyder of the
apparatus, entered the back of the house. Due to heavy smoke McPherson, Kansas,
and heat, they crawled on their hands and knees, located the Police Department
victim, and pulled him to safety. Without Sergeant Snider’s and observed an elderly
Patrolman Pressley’s bravery and respect for human life, the female who had fallen in
victim would have died before fire personnel arrived. a large snowbank in a
nearby field. The woman
was on her knees and
unable to get up. The
windchill had brought the
While off duty at a shopping mall, temperature down to -9
Officer Miguel Albarran of the Marta, degrees and it was
Georgia, Police Department observed a unknown how long she
man, who had a bandana covering his face, had been in the snow.
leave the women’s rest room carrying Because the woman was
women’s clothing. At the same time, unable to move on her
Officer Albarran heard a cry for help from own, Patrol Officer
the rest room. He immediately chased, Snyder picked her up,
captured, and then subdued the man after a carried her to safety, and
struggle. Further investigation revealed notified emergency
Officer Albarran that the subject had attempted to rape the medical services. Patrol
woman at knifepoint in the rest room. Officer Snyder’s alert
Officer Albarran’s quick and decisive action led to the prompt observation and quick
apprehension of a dangerous sexual offender. reaction saved the
woman’s life.

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