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WESTERN WASHINGTON UNIVERSITY / Sociology / SOC 255 / How do officers behave under preventive patrol?

How do officers behave under preventive patrol?

How do officers behave under preventive patrol?

Description

School: Western Washington University
Department: Sociology
Course: Social Organization of Criminal Justice
Professor: Ronald helms
Term: Fall 2016
Tags:
Cost: 50
Name: SOC 255 Exam 2 Study Guide
Description: This covers everything that will be on the second exam. It includes information from lecture AND the textbook!
Uploaded: 11/16/2016
9 Pages 53 Views 3 Unlocks
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SOC 255 Exam 2 Study Guide


How do officers behave under preventive patrol?



Chapter 6

• One-size fits all approach to crime control – law enforcement reacts the same way to all crimes  in all places at all times in the same way

• Crime attack strategies – police home in on specific types of suspicious people in specific places  at specific times to prevent or interrupt crimes & arrest suspects for committing specific crimes • Community-Oriented Policing

o Police strategy primarily concerned with establishing a working relationship with the  community

o Partnerships between police & community can reduce crime & increase security o Residents identify & participate in the solutions to the problems in their neighborhood o Crime control isn’t the only mission – also achieving community satisfaction & harmony o Citizens must actively participate with police in fighting crime; power must be shared  with local groups to give way to a "bottom-up" decision-making process


What does civilianization entail?



o Idea that police can best carry out their missions by helping communities help  themselves by getting at the causes of & finding solutions to community problems o Public education - training such as is available in Bellingham

o Recall what Professional Policing Model emphasizes

▪ Track crime rates

▪ Track arrest rates

▪ Track budgets, academy & in-service training If you want to learn more check out What is a superficial mycosis?

▪ Make sure that the para-military organization is intact

▪ Focus on abuses of authority - heightened emphasis on policies on use of force,  etc.

o Little emphasis on the delivery of policing as a service to the community


Which factors determine police mobilization?



• Problem-Oriented Policing We also discuss several other topics like What is difference between elimination and substitution?

o Police strategy primarily concerned with identifying, analyzing, responding to, &  assessing community problems related to crime & neighborhood quality of life

o Problems include crime & disorder, fear, or any other threat to the quality of  neighborhood life; single incidents are not problems, only a series of, say, burglaries or  ongoing parties in an apartment building

• Preventive patrol – officers move through their beats making themselves visible to control crime  & reassure law-abiding people they’re safe

o Types

▪ Vehicle patrol

• Has serious drawbacks – contributes to poor police-community  

relations; they seem out of touch

▪ Foot patrol

• Better connection to the community ???? more positive police-community  

relations ???? less fear of crime & disorder & a reduction in it

▪ Single-officer patrol

• Studies showed that two-officer units were better, more effective, more  productive, & safer We also discuss several other topics like How can one form the net ionic equation?

• What Matter from a Service Standpoint?

o Access to the police & sustained police-community interaction is central to this service  orientation

o Better quality contact

• Civilianization

o All non-law enforcement tasks are potentially carried out by non-badged officers o Traditional professionalized police depart. experience it less

o Yet it dramatically increases the service orientation by reducing the we-them  distinctions

o Allows officers to truly focus on serious crimes - response to threats

o Civilians are able to handle most other tasks, calls for service, that do not involve law  enforcement responsibilities, etc.

• Requirements of Civilianization

o Must be implemented from the top through the entire chain all the way down o A change in value orientation that requires deep commitment & public embracing of the  themes

o All efforts must be directed to the establishment & maintenance of the community &  service orientation Don't forget about the age old question of What are the types of smog?

o Need public support/involvement

o Circumlocution - evasions in speech

• Mobilizing Patrol

o 4 decision points in police mobilization

▪ victims & witnesses decide to call the police

▪ civilian police operators decide whether to forward calls to dispatchers

▪ dispatchers decide whether to mobilize the police

▪ patrol officers decide how to respond to the calls dispatchers give them

o Differential response approach – varying police mobilization according to the type of  crime

• Preliminary investigation – patrol officers collect information at crime scenes & write incident  reports describing what they learned

• Follow-up investigation – an investigation by detectives after the preliminary investigation by  patrol officers

• Police can maintain order but they can’t control crime; cops can’t do anything about the “root  causes” of crime We also discuss several other topics like What does peninsula of peninsulas mean?

• “Hot spots” patrol – based on the idea that some locations at certain times need special  attention because they generate a substantial portion of calls for law enforcement services • Police crackdowns – sudden increases in police activity at particular places during “hot” days &  times

o Crackdowns reduce crime, BUT only at the crackdown location for a short amount of  time ???? displacement

o Displacement effect – crimes moves to another location during crackdowns & comes  back after the crackdown

o Crackdowns intrude deeply into people’s daily lives

• Field interrogation – police stop, question, & sometimes search people who “don’t look or act  right” If you want to learn more check out What are the 4 stages of group development?

o Benefits from this did not come at the expense of bad relations with the community

2

• Proactive policing tries to provide smarter law enforcement by moving from one-size-fits-all  strategies to crime-attack strategies that focus on times, places, & people

• Gun violence

o Most gun research focuses on gun density (# of guns in a defined area) but takes gun  carrying to translate the # of guns into gun violence

▪ Cities with a high gun density can have lower gun-crime rates than cities with a  low gun density

• Drug hot spots

o Policing drug crimes strategies: police crackdowns, raids on crack houses, & new tactics  like “jump-out” squads intercepting public drug deals, condemning buildings, & fining  landlords for drug dealing

• Domestic violence

o Believed by some that counseling batterers is more effective than arresting them o Women rejected this idea as being soft on batterers

• Law enforcement technology

o DNA – the building block for your entire genetic makeup, which is unique

▪ Every cell in your body has same DNA

▪ Like fingerprints, DNA collected at crime scene can point the finger at or  

eliminate a suspect

▪ CODIS – software program that operates databases of DNA profiles of convicted  offenders, unsolved crime scene evidence, & missing persons

▪ DNA banks aren’t going to help much to solve the vast majority of crimes

▪ Cost-effectiveness – eventually we’ll have to decide at what point DNA testing  (& mining for data hits) isn’t worth the cost, especially if successful hits run few  & far between

o COMSTAT (Computerized Statistics) – consists of 5 components: computerized crime mapping technology, a management style, response tactics, follow-up, & accountability ▪ Power over discretionary decision making shifted down to precinct commanders  because they’re in a position to understand better than headquarters the needs  of their community

Chapter 7

• Law Enforcement & US Constitution

o Felony arrest rate are VERY LOW

o Even when have every legal right to & all necessary evidence (probable cause) police  often do NOT make an arrest

o Emphasizes selective enforcement by police

o 4th amendment: right against unreasonable searches & seizures

o Looking for evidence in plain view is okay

o Objective basis – government officials have to back up with facts their encroachments  on liberty & privacy

• Arrest

o A reasonable arrest has 3 elements

▪ Probable cause – facts & circumstances that would lead a police officer in the  light of her training to believe (more than suspect) that a crime committed

▪ Reasonable force – can’t use excessive force to make an arrest

▪ Warrant – police must get warrant before they enter a house to arrest someone

3

o Arrest - seizing people by taking them into custody without their consent or they submit  to the authority of the police

o Warrants – majority of arrests reasonable without warrants, BIG EXCEPTION: entering  homes to arrest suspects

o Police use their discretionary decision-making skills

o Meaning of unreasonable search - officer does not have a warrant, consent nor  sufficient probable cause

o Knock & announce rule is reasonable (wait 10 seconds) but there are 3 exceptions • When there is a threat of violence

• When officers are in hot pursuit of a fleeing suspected felon

• When there is a threat that occupants will destroy evidence

• Florida V. Royer (1983)

o Man fit the description of a drug courier & had conflicting ID

o Security took him into another room & searched his luggage without his consent &  found drugs

o Judgement held/affirmed - respondent had been involuntarily confined within the small  room without probable cause, at the time his consent to search was obtained to  involuntary detention had exceeded the limited restraint permitted by Terry v. Ohio,  that such consent was therefore invalid because tainted by the unlawful confinement • Stop & frisk or threshold inquiries

o These are less than a full search & full seizure

• Stop & frisk = brief detainment & an outer pat down to check for weapons • Reasonable suspicion - facts & circumstances that would lead an officer in light of her training &  experience to suspect that a crime might be afoot

• Interrogation

o Individual protected under 5th amendment from being interrogated without being notified  of one’s rights

o No person shall be compelled to testify against ones self

o Great deal of controversy regarding police efforts to extract information from suspects o Critics: police use unethical tactics to get suspects to divulge information that can be used  against them in a trial

o Miranda Rule

• Right to remain silent

• Decide to make statement can & will be used against you

• Right to have attorney present  

• If cannot afford attorney one will be appointed for you by the state

• Custodial interrogation - miranda warning is required if suspects are in custody & officers  interrogate them

• Public safety exception - miranda warnings are not required if giving them could endanger officers  or others nearby

• Identification procedures

o Photo arrays based on a witness viewing photographs of possible suspects o Show-ups identify a suspect without other possible suspects present

o Lineups are an identification procedure in which witnesses try to identify a suspect in a line  of similar individuals

• Racial Profiling

o Occurs when police action is initiated by the race, ethnicity or national origin of the suspect  rather than any evidence or info that the suspect has broken the law

o Illegal

4

o Pretext stops are often used by police but are a violation of the Washington State Code o When determining whether a given stop is pretextual the court should consider the totality  of the circumstances  

• Police Misconduct

o Rotten apple theory - misconduct is result of individual officers, not systematic problems  with agencies

o Types of police force  

• Expressive force - more than enough force necessary to get control of a suspect • Knockdown force - enough force to knock down the suspect

• Deadly force

o Objective standard of reasonable force – Fourth Amendment permits officers to use the  amount of force necessary to apprehend & bring suspects under control

o High-speed chases - many for non-serious offenses

• In one study 1/2 of all resulted in accidents

• Most agencies have policies strictly limited officer high speed pursuits

o Use force & the constitution - a 4th amendment seizure, even deadly force o Officers use enough force to get control of a suspect

o Can use deadly force ONLY to get control of dangerous suspects & when doing so doesn't  put innocent people in danger

o Tennessee v. Garner

• Provided an objective standard of reasonable force

• Seizing Garner by killing him was seen by majority on court as unreasonable seizure  under the 4th amendment since he was believed to be unarmed & not particularly a  danger to anybody

o Limiting Deadly Force

• Tennessee v. Garner

• Graham v. Conner

▪ Force is excessive when force used was unreasonable

o Meat eaters

• Those who aggressively misuse police power

• Lineups

o Elements

• 5-6 participants

• same race, ethnicity & skin color

• similar age, height, weight, hair color & body build

• similar clothing

o The way they do it is critical in reducing the risk of picking the wrong person; most  difficulties come from power of suggestion

o Basic idea behind the application of the due process clause is that unreliable  identification procedures can convict innocent people, & convicting the innocent  deprives them of life, liberty, & property without due process of law

Chapter 8

• Criminal court structure

o Lower courts (trial courts of limited jurisdiction) – have power to decide facts & apply  law in misdemeanor cases & conduct pretrial proceedings in felony cases

5

o Felony courts (trial courts of general jurisdiction) – have power to decide facts & apply  law in felony cases

o Appellate courts (appeals courts) – have power to review trial courts’ application of law  to the facts

• Lower courts

o Only have power in misdemeanor cases & conduct preliminary proceedings in felony  cases – limited jurisdiction

o Lower criminal courts have same rights as defendants in felony courts

o Aren’t courts of record – don’t keep written records of proceedings

o Emphasis on speed produces assembly-line justice rather than deliberation that justice  requires

o Lower criminal courts conduct 4 important pretrial proceedings in both misdemeanor &  felony cases

▪ Decide whether to release defendants on bail

▪ Assign lawyers to indigent (poor) defendants

▪ Preside over preliminary hearings to test government’s case against defendants ▪ Decide whether confessions, searches, seizures can be admitted as evidence • Felony courts

o Courts of general jurisdiction – can decide all felony cases from capital murder to theft  & also review decisions of lower courts

o Courts of record

o Follow rules of adversary process more than proceedings in lower courts • Appellate courts

o Don’t decide questions of guilt or innocence; they review proceedings in the trial court  to make sure trial courts followed rules of procedure and didn’t violate defendants’ constitutional rights

o Defendants don’t have to hear their cases

o Proceedings of appellate court are most formal of all three levels courts o Most states & federal judiciary have two levels of appellate court – intermediate (courts  of appeals) & last report (supreme courts)

o State appellate courts decide about 80% of all appeals

• US Supreme court

o The supreme law of the law

o Their decisions are our instruction  

o Several important points regarding cases that reach the Court for decisions ▪ You have no constitutional right to a review of your case

▪ The Court doesn’t decide whether you’re guilty or not  

▪ Almost everything court does is secret, except for lawyers’ arguments before the Court, briefs they file, & Court’s published opinions

▪ Criminal cases come to court by way of 2 petitions

• Petition for a writ of habeas corpus – asks Court to order some official  

(usually a prison warden or jail supervisor) to come to a trial court &  

justify a prisoner’s imprisonment

6

• Petition for a writ of certiorari – asks Court to order lower court to send  up the record of its proceedings for the Supreme Court to review. Court  

issues writ if 4 justices vote to issue it

o Court agrees to review cases for 2 reasons

▪ Conflict exists among the US Circuit Courts (intermediate federal appellate  courts) on law’s position on the issues

▪ An important constitutional question has not been resolved

• Criminal court missions

o Crime control

o Social justice – public expects courts to do what’s “best” for victims & offenders o Another mission stems from reality that courts not just legal institutions, they’re  social organizations made up of a professional courtroom work group – prosecutors, judges, & defense lawyers

▪ Courtroom work group mission to keep organization running smoothly,  efficiently, & most importantly harmoniously – this dominates the everyday  operations of our criminal courts

o Another mission focuses on providing work group an avenue to advance their own  careers either within the group or in private law practice or political office • Due Process Mission

o Ensuring process of turning suspects into defendants, then to offenders, & then  sentencing offenders, is fair

▪ “Fair,” by US Constitution definition, means the criminal process won’t “deny  any person life, liberty, or property without due process of law.”

o Via due process, best way to ensure this is stick to adjudication – decision making in  open court according to the adversary process

o Fairness more important than convicting guilty people  

• Crime Control Mission

o Law controls due mission under the rules of the adversary process

o Crime control mission responds to public opinion & shaped by the “nasty, brutish” side of life seen in criminal courts

• Social justice mission

o Due process can interfere with social justice when individual cases don’t fit neatly  into the rigid rules of the adversary process; these cases need room provided by  discretion so courts can take into account mitigating & aggravating circumstances  • Organizational Mission

o Courts aren’t just legal organizations following rules; they’re complex social  organizations that place high premium on accomplishing their mission of smooth,  efficient & harmonious decision making

o This mission difficult to accomplish in adversary proceedings

o Discretion & negotiation, not adversary proceedings & written rules, are means to  accomplish organizational mission

• Courtroom Work Group

o Carries out organizational mission of deciding (& disposing of) cases

o Difficult because SO many cases

o Decision making takes place within a close working & personal environment

7

o To courtroom work group defendants are outsiders; once defendants charged  judges, prosecutors & defense lawyers usually agree defendants are guilty of  something, then they just have to agree on a punishment

o As parts of an organization, judges, prosecutors & defense attorneys don’t oppose  one another in competition for the truth – they’re on a team, negotiating best  settlement possible with minimal dispute & maximum harmony

• Judges

o Judges play a major policy-making role in American criminal justice  

o Personal characteristics of judges affect decision making

o States elect judges in 4 ways  

▪ Popular election

▪ Appointment

▪ The merit plan

▪ Mixture of methods

o Merit system – a commission initially nominates & governors select judges from the  list; then judges have to be elected after a term of service

• Prosecutors  

o Vital link between police & courts, & between courts & corrections

o Prosecutors, not judges, decide whether these cases ever get to court o By deciding not to charge, prosecutors can stop a police investigation in its tracks,  rendering courts & corrections powerless

o Prosecution in US is local; most cases counties elect prosecutors

▪ Local because American colonists hated the appointment of prosecutors by  English kings thousands of miles away

▪ Colonists also opposed private prosecutors because they denied equal access  to justice

o Federal system is different – president appoint federal prosecutors for all 94 districts o Prosecutors mission is not to win but ensure justice is done

o Prosecution management varies according to jurisdiction size, geography, resources  & technology

o Every jurisdiction has a chief prosecutor, usually elected a four-year term o Prosecution offices assign assistant prosecutors according to two operating systems o Prosecutor horizontal case assignment – assistant prosecutors are assigned to  manage one stage of the prosecution

o Prosecutor vertical case assignment – assistant prosecutors are assigned to manage  all stages of specific defendants’ cases

o Community prosecution – a “grassroots approach to justice” in which the  community, law enforcement & other government agencies work together to solve  neighborhood crime, public safety, & quality of life problems

• Defense counsel

o Pursue formal & informal missions

▪ Formal mission – defend their client  

▪ Informal mission – bargain with prosecutors to get the best deal for their  clients

8

▪ Another informal organizational mission is to get along with the courtroom  work group

▪ Lawyer’s code of ethics says defense lawyers have to zealously defend their  clients

▪ Formally, defense lawyers have constitutional duty & professional  responsibility to make sure the government plays by the rules

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