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by: Madison McElheney
Madison McElheney
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these notes will be on our next exam
Leslie G. Wiser, Jr.
Class Notes




Popular in Policing

Popular in Criminology and Criminal Justice

This 20 page Class Notes was uploaded by Madison McElheney on Monday February 8, 2016. The Class Notes belongs to CRJU 311 at University of South Carolina taught by Leslie G. Wiser, Jr. in Winter 2016. Since its upload, it has received 40 views. For similar materials see Policing in Criminology and Criminal Justice at University of South Carolina.

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Date Created: 02/08/16
Police and Society-Jan 13, 2015  What we want from out police o Safety, honesty, order, due process, integrity o 18 thousand police departments in the US. Over half have 25 officers or less. o Legitimacy-we have to have faith in our institutions and without it there is crisis.  For what social purpose do the police exist? o The social purpose of the police is complex, involving questions about the:  Roll of the police-  The fair treatment of citizens  Police organizations  Recruitment, training, and supervision of police officers  What is a law enforcement agency? o Focused on general service law enforcement agencies that are regularly engaged in  Preventing crime  Investigating crimes and apprehending criminals  Maintaining order  Providing other miscellaneous services  Who is a police officer? Who is a peace officer? o Peace officer is established by statute. It offers protection to citizens. They have the power to act as law enforcement and have protection if they did something in someone’s defense. o All police offers are peace officers  But not all peace officers are police officers o Peace officers are defined by statute o Generally, peace officer status provides certain legal protections that ordinary citizens do not have.  Good faith protection for peace officers  Citizens arrest by a private person  No good faith protection from false arrests/false imprisonment tort  You can make an arrest as a private citizen but you have to be right.  Myths about Policing o That police are primarily crime fighters  Portrayals by the news media  Portrayals by the entertainment media  The perpetuate the crime fighter image themselves o The image ignored the order maintenance and peacekeeping activities that consume most police time and effort.  The History of the American Police-Chapter 2 o English Heritage  English common law  High value on individual rights  Court systems  Different law enforcement agencies o Three enduring features of the English Heritage  Limited police authority  Local control of law enforcement agencies  Highly decentralized and fragmented system of law enforcement o 13 Century  Formal law enforcement emerged in the 13 Century in England  Responsibility shared by  Constable-an officer appointed to keep order and to collect evidence from the court  Sheriff-from the “shire (country) reeve (one who keeps order)”  Justice of the Peace o Sir Robert Peel  “Father” of modern policing  Early 1900s; old system of law enforcement collapsed due to urbanization and industrialization  1829: London Metropolitan Police  Mission: crime prevention through preventive patrol o London Metropolitan Police  Organizational structure  Borrowed from the British army  Rank and titles also borrowed from British army  Quasi-military culture  Still exists in America today o Colonial America  Three institutions:  Sheriff  Constable  Watch  Sheriff  Appointed by the colonial governors  Most important law enforcement official in America  Many duties: o Law enforcement o Collected taxes o Supervised elections o Maintained bridges and roads  Constable  Elected first, then appointed  Responsible for enforcing the law  The Watch  Patrolled the city to guard against fires, crime and disorder (many fires because of wood housing)  At first, only a night watch  Later, a day watch was added  All adult males were expected to serve as watch men (carried a wood rattle)  Slave Patrol  Only in the South where slavery existed  Intended to guard against slave revolts and capture runaway slaves  Charleston, SC had 100 officers in 1837, larger than the police force in any northern city  The Quality of Colonial Law Enforcement  Inefficient, corrupt, affected by political interference  Sheriff and watchmen were paid fees for particular services o Greater incentive to work on civil responsibilities  Ordinary citizens played a major role in maintaining social control through informal means  Communities were homogenous and shared basic values  Tradition or vigilantism (took law enforcement into their own hand)  First Modern American Police  The old system of law enforcement broke down under the impact of urbanization, industrialization, and immigration  1830’s: wave of riots in American cities o Ethnic conflict o Angry depositors and failed banks o Moral issues, including attacks on brothels o Attacks on abolitionists  First Modern American Police o Resistance due to dear police would be controlled by political opponents o Taxpayer resistance o Once established, political control differed from the English model  UK: no direct control over their police  US: direct control  Immediately immersed in local policies  The “Political Era” 1830s-1900 o No personnel standards o Selected entirely on the basis of their political connections o No formal pre-service training o No job security  Could be fired at will o A major form of patronage  Patrol work in the Political Era o Officers patrolled on foot  Spread very thin, there were not very many o Supervision was weak/non existent  Communication through call boxes  No telephone  No radio  No patrol car  Very easy to not actually work when no one knows where you are and no way to communicate  Never a “golden” age o Few police officers o High turnover rate o Population even more mobile than today o Officers often drank on the duty and used excessive force o Citizens were disrespectful and had low respect for them, they were unprofessional and corrupt, brutal and inefficient.  Contrast with London Police o Commissioners of the London Metropolitan Police were free from political interference o Maintained high professional standards o Earned public respect  Corruption and Politics o Government was corrupt and the police were one part of the problem  Police took payoffs for not enforcing laws against gambling, prostitution and drinking o Tammany Hall  Empowerment of Irish-American in NYC  Cultural Conflict o Anglo-Saxon Protestant Nativists opposed the lifestyle favored by immigrant communities o Alcohol played an important role in the cultural/ethnic divide o Sunday closing laws  Discriminated against Jewish shop owners (their day of rest is Saturday) the people in power got their way.  Failure of Police Reform o Theodore Roosevelt o Police Commissioner of NYC (1895-1897) o Fought against the corrupt Tammany Hall political machine o Like other reformers, he focused on removing “bad” personnel  No theory of police administration o Reform efforts were largely unsuccessful  The Professional Era 1900-1960 o August Volmer o Father of American policing  Chief of police, Berkley, CA o Advocated higher education for officers  Organized college level police science classes  Father of American criminal justice education o Wrote the 1931 Wickersham Commission Report  The Reform Agenda o Professionalization Movement  Defined policing as a profession  Sought to eliminate the influences of politics and policing  Argued for hiring qualified chief executives to head police departments  Tried to raise personnel standards for rank and file officers  Applied order managements principles to police departments  Created the first specialized units  Traffic  Juvenile o The first female sworn officer was hired as a juvenile specialist  Vice  Increased the military ethos of police departments  Became far more authoritarian o Close order drills o Military style commendations  The rank and file officer because the forgotten person  Reformers placed their hopes on strong administrators  Officers, therefore, retreated into an isolated and alienated subculture  Officers opposed reforms  Police unions began to emerge o Boston police strike 1919  Departments became increasingly complex bureaucracies  Police and Racial Minorities o Conflict between police and African Americans increased during World War 1 o Race riots in 1919 o Chicago Riot Commission made recommendations to improve police community relations  Nothing done to hire more black officers or end discrimination  New Law Enforcement Agencies o State-level agencies o Texas Rangers 1835 o Pennsylvania State Constabulary 1905  First modern state police force  Highly centralized militaristic  Concentrated on controlling strikes  Organized labor prevented the creation of state agencies for a time.  Bureau of Investigation o Established 1908 by Executive Order of President Theodore Roosevelt o Re-named the Federal Bureau of Investigation in 1935  Technology Revolutionizes Policing o Three developments:  Patrol car-revolutionized police work  Two way radio  Telephone-important for citizen use. They had easy access to police force. o Transformed the nature of citizen-police contact and police management  Officers could respond quickly to crimes and calls for service.  The Patrol Car o Increased patrol areas covered by an officer o Removed officers from the street o Reduced informal citizen-police contacts  Two Way Radio o Allowed departments to dispatch officers in response to citizen calls for service. o Revolutionized police supervision by allowing continuous contact with patrol officers  Telephone o Citizens could easily call the police  Citizens were encouraged to call and were promised a prompt response o Citizens became socialized into calling the police for all sorts of problems o The telephone brought the police into the home  Even as the patrol car isolated the police from citizens  Foot patrol rarely entered a home  As a result, police because involved in domestic disputes, child abuse, and other intimate family issues.  New Directions in Police Administration o Wickersham Commission Report  Volmer o 1 National Study of the American criminal justice system  Published 14 reports, including;  Report on Lawlessness in Law Enforcement o Inspired a new generation of police administration  O.W. Wilson o Leader of the professionalization movement from 1930-1960 o Vollmer’s most famous protégé o Wrote two textbooks on police management o Developed a formula for assigning patrol officers  Based on a workload formula that reflected reported crimes and calls for service.  Simmering racial/ethnic relations o Despite professionalization, almost nothing was done to improve relations with minority communities o Los Angeles “Zoot Suit” Riot 1943 (they wore a zoot suit as defiance of authority symbol)  Strife with Latino community in Los Angeles  Recommendations for reform were made but not acted on  J. Edgar Hoover o Set a new model for personnel standards o Emphasized crime fighting at the expense of other aspects of policing o History of the FBI  Appointed director of the Bureau of Investigation  Then won control of the Uniform Crime Reports  New laws increased jurisdiction  Re-named as FBI  FBI National Academy established  Trained police executives  Crime lab  Top Ten list  The Police crisis of the 1960’s o The Police and the Supreme Court o Decisions favored defendants and provoked political controversy  Miranda v Arizona  Mapp v Ohio  The Contemporary Law Enforcement Industry-Chapter 3 o Basic Features  Local political control  As a result, policing is highly fragmented  Fragmentation produces variety  Compare to English  43 total police departments o Size and Scope  18,000 law enforcement agencies (state in local) in the U.S o Sworn and Civilian  Sworn personnel have taken an oath and are authorized to carry a firearm and make arrests  Civilian personnel-perform support functions within a law enforcement agency, but are not authorized to make arrests and are generally not authorized to carry a firearm o Authorized Strength  Distinguish authorized strength from currently employed  Authorized Strength  Number of personnel budgeted by the political entity  Currently employed  Number of personnel actually employed o Usually below the authorized strength because of retirements, resignations and terminations o Hiring may be delayed to make up for budget shortfall o Police Population ratio  Usually expressed as number of sworn officers per 1000 residents  National average is 2.3  Ratio for large cities is 2.2  Ratio for small cities is 1.8  Columbia: 410/133,358  Cost of police protection  46% of all criminal justice expenditures  Policing costs U.S residents ~$260/yr  Labor intensive industry o Personnel costs account for 85-90% of a departments budget o On average, full time officers cost 116,000/yr  Although the salary is much lower  The efficiency of a police department depends heavily on ho well it manages its personnel resources  Fragmentation o Problems:  Lack of coordination  Criminals do not recognize political boundaries  Fragmentation to responsibility can lead to crime displacement  Crime may be driven to a neighboring jurisdiction by strong enforcement  Duplication of services  Each agency many operate their own 911 call centers or crime labs  Inconsistent standards  Agencies may differ in recruitment, pay and training  Solutions  Consolidation  Contracting  Municipal Police o 70% of all law enforcement agencies  49.5% have fewer than 10 officers o 60% of all sworn officers o Chiefs are appointed o Cities represent the most complex policing environment  Most diverse populations  Serious crime is disproportionately concentrated in cities  Difficult order maintenance problems  Provide a wide range of emergency services  County Sheriff o 3,063 sheriffs departments in the U.S o in 37 states, the sheriff is a constitutional officer –they cannot fire him o Elected in all but 2 states o Serve all 3 components of the criminal justice system,  Basic law enforcement  Court security and service of process  Jail operations  Other local agencies o Constable  Some elected, some appointed o Coroner/Medical Examiner  Coroners are typically elected and are not required to have a medical degree (they investigate medical death investigations)  Medical examiners are appointed  Conduce death investigations  State Law Enforcement Agencies o Three categories  State police  Statewide police powers for both traffic regulations and criminal investigations  Highway Patrol  Statewide authority to enforce traffic regulations and arrest non-traffic violators under their jurisdiction  Stat investigative agencies  Conduct criminal investigations  Federal Agencies are set up by federal statute  Private Security o ~ 2 million private security personnel  Private detectives and investigators  Patrol services  Security guards  Loss prevention specialists  Gaming officers and investigators  Armored car services o Differ from law enforcement  Broader focus than crime alone  More alternatives/discretion for addressing problems  More emphasis on problem and crime prevention  Mostly on private property o Size of the industry raises issues  Quality of private security personnel  Little training, low standards, and low pay  Few federal, state, or local laws that govern private policing  SC AG opinion: private persons  Problems related to cooperation between the police and private security  9/11 Commission notes 85% of U.S critical infrastructure is protected by private security  Standards o Federal standards are generally set by supreme court decisions  Miranda, map garner, ect o Federal statutes  1964 Civil Rights Act o Grants  Justice department uses grants to encourage best practices o State standards  Require certification of sworn officers  Mandatory pre-service training  SC CJA requires 13 weeks  Certification may be revoked for cause to prevent fire officers from moving to another department  Accreditation o A process of professional self-regulation similar to the process that exists in medicine, law, education and other occupations o CALEA Established in 1979 th  Standards of law enforcement (4 ed.)  Expensive  South Carolina has a state level accreditation process  Quasi-military Style of Policing Organizations o Police organizations resemble the military model in the following respects:  The organization style is authoritarian (with penalties for failing to obey orders)  Police officers carry weapons and have the legal authority to use deadly force, physical force, and to deprive people of liberty through arrest o Police organizations differ from the military model in the following respects:  Police officers serve a citizen population  Police departments provide services designed to help people-services often requested by individual citizens (help lost kids get home, help homeless find a shelter)  Police officers are constrained by laws protecting the rights of citizens  The police routinely exercise individual discretion, whereas military personnel are trained and expected to operate as members of units.  Criticisms of the Quasi-Military Style o The military ethos cultivates an “us versus them” attitude that is used to justify mistreatment of citizens o It encourages the idea of a “war on crime: that is inappropriate for serving a citizen population o The authoritarian command style is contrary to democratic principles of participation o The rigid rank structure fails to provide sufficient job satisfaction for officers  Police Departments as bureaucracies o Characteristics of the modern bureaucracy  Complex organization performing many different tasks for a common goal.  Different tasks are grouped into separate divisions or bureaus  Organizational structure is hierarchical or pyramidal, with a clear division of labor between workers, 1 line supervisors, and executive management.  Responsibility for specific task is delegated  Clear chain of command, which indicates who is responsible for each task and who is responsible for supervising each employee  Clear unity of command  Written rules and regulations ensure uniformity and consistency  Information flows up and down the chain of command  Clear career paths  Problems with Bureaucracy o Bureaucracies are often rigid and inflexible o Communication within the organization often breaks down o Bureaucracies tend to be inward looking, self-serving, and isolated from the people they serve o Bureaucracies are accused of stifling creativity and not using the talents of their employees.  Positive Contributions of Bureaucracy o Written rules/administrative rule making  Control of police discretion  Reduction of misconduct  Alternative processes o Community-oriented policing  Decentralize  De-specialize  Deformalize  De-layer o Task forces  Inter-jurisdictional groups o COMPSTAT  4 principles  Timely intelligence  Effective tactics  Rapid deployment  Relentless follow-up and assessment  Accountability/responsibility lies with the precinct commander  Provide resources to accomplish the task  Stat-driven  Civil Service o A set of formal and legally binding procedures governing personnel decisions o The purpose of civil service is to ensure that personnel decisions are based on objective criteria and not on favoritism, bias and political influence o Established by federal or state law or local ordinance o Four Formal Hierarchies  Rewards hierarchy  Corresponds with rank and seniority  Seniority hierarchy  Officers with more years of service receive higher pay and preference in selection of shifts and job assignments  Status hierarchy  Specialized assignments many carry more authority and responsibility  Rank hierarchy  Certain jobs/assignments are restricted to those holding certain rank o Problems created by civil service  Limits the powers of a chief in making decisions  Cannot change personnel standards at will  Limits opportunities and incentives for individual officers  Provisions for discipline make it difficult for chiefs to terminate or discipline bad officers  Police Unions o An organization legally authorized to represent police officers in collective bargaining with the employer o Collective bargaining is the method of determining conditions of employment through bilateral negotiations o Principles of collective bargaining  Employees have a legal right to form unions of their own choosing  Employers must recognize employee unions  Employers have a right to participate in negotiations over working conditions  Employers are required to negotiate with the unions designated representative.  Police Unions o Grievance pro endures  Provide due process for employees  Usually requires an officer be notified in writing about a disciplinary action  Usually requires that the officer has the right to a hearing  Usually requires that the officer has the right to an attorney  Usually required that the officer has the right to an appeal o Impact of Police Unions  Strike or job actions  Radically altered the process of police management, reducing the power of chiefs and introducing a process of shared governance  Impact on discipline and accountability by introducing due process, limiting the power of the chief in discipline  Negatively influenced police-community relations by defending officers accused of misconduct and opposing affirmative actions  Unions have substantial political and financial resources and can influence budgets, political candidates, and ballot initiatives  Police Officers 1: Entering Police Work: Chapter 5 o Aspects of the Personnel Process  Not just a job; it’s a career  Actually, it’s a way of life  Police departments must take a career perspective  Beyond hiring…retention  The personnel process is a shared responsibility  Human Resources and the Police Department  Recruitment o Three Elements  Minimum qualifications  Recruitment effort  Applicant’s decision to apply for a position o Minimum qualifications  Minimum entrance requirements do not necessarily reflect actual hiring practices  Departments may have higher standards than the minimum o Age  Minimum  Most require the applicant to be at least 21  Maximum  Federal law bans age discrimination, but… o Height and Weight  Weight must be proportional to height o Education  Most require only a high school degree  College Degree  Shape the values of officers by helping them understand the complex role of police in a democratic society  Improve on the street performance by giving them the capacity to make better judgment  Those who have pursued a college degree have exhibited a desire for self improvement, a trait more likely to make them more professional police officers  Police need to deal with complex and changing laws of criminal procedure  Community oriented policing and problem-oriented policing ask police officers to be planners and problem solvers o Criminal Record  95% of all departments refuse to hire anyone with a felony conviction  Use of Drugs? Not arrests or convictions? o Residency requirements  A major controversy  About 25% require officers to live within the jurisdiction  Selecting officers from the recruit pool o Selection tests  Physical agility  Reading comprehension/writing  The Nelson-Denny test-can you read and write  Oral interviews  Drug tests  Psychological tests  Medical exam  Background investigation  Previous employment/neighborhood/education/references  Criminal check  Credit check  Drivers record  Polygraph  Predicting Officer Performance o Cohen and Chaiken studied NYPD officers in 1957  Studied 33 background characteristics (race, IQ, previous occupation, military record, ect)  The only factor that correlated with good on the job performance was the recruit training score  J. Douglas Grant and Joan Grant  Existing psychological tests (MMPI) do not successfully predict future behavior as a police officer  Tallahassee Study  Neither psychological testing not clinical assessment by a psychologist correlated with performance during field training  Christopher Commission (LAPD)  Psychological evaluation only identified obvious social misfits in the grossest sense  Equal Employment Opportunity (EEO) o Title VII of the 1964 Civil Rights Act  Outlaws employment discrimination on the basis of race, color, religion, sex or national origin  1972 Equal Employment Opportunity Act extended the law to state and local governments o 21 states (and DC) and cities have extended the law to protect on the basis of sexual discrimination  no federal law that consistently protects LGBT individuals from employment discrimination  SC does not prohibit employment discrimination  Bone Fide Occupational Qualifications o Any requirements reasonably necessary to the normal operation of that particular business  Driving  Non-color blind?  Running?  Two hands?  Slaby v Holder  College Credits? th  Davis v City of Dallas (5 circuit court of appeals) o 45 hours of college credit was reasonably related to the job of a police officer o Americans with Disabilities act (ADA)  Many issues remain unresolved  Diversity: CALEA Standards for law Enforcement agencies recommended that departments have a “ratio of minority group employees in approximate proportion to the makeup of the agency’s law enforcement service community’ o African American-increased representation as a result of suits under Title VII of the 1964 Civil Rights Act o Hispanic and Latino  The ability to speak a second language is a legitimate BFQQ  Some departments offer incentive pay for bilingual officers o Women  Policies about hair below the collar had to be changed  Policies about pregnancy had to be developed  Federal Pregnancy Discrimination act’  Prohibits employment discrimination on the basis of pregnancy, childbirth, or any pregnancy related issues  1964 Civil Rights Act instrumental in forcing change  Barriers to Women in policing o Entrance examinations that emphasize upper body strength o On the job discrimination/harassment discourages women from applying or staying o Police departments recruit heavily from the armed forces (a male dominated occupation) o Many departments embrace an authoritarian style (unappealing to women)  Diversity.. o U.S. Supreme Court: Achieving diversity is a compelling state interest o Three goals: to ensure the employer is not discriminating o To improve police service because some experts believe that racial and ethnic minority officers will be better able to serve minority communities o To improve the image of a police department  Employment Discrimination Suits o May result in direct benefit to plaintiffs o May result in a court order eliminating discriminatory tests or procedures o May be a court-ordered affirmative action plan with specific goals and timetables  An effort to correct the legacy of past discrimination  Affirmative action plans have 3 elements  A census of current employees  Identify underutilization or concentration of minorities and women  Develop a recruiting plan to correct any underutilization or concentration  Affirmative action is controversial  Reverse discrimination? o Constitutionally uncertain at this point  Police Training o Police academy  Pre-service training o Functions  Provides formal training  Process for weeding out unfit recruits  Rite of passage that socializes recruits into police subculture o In 2006, municipal police departments averaged 1458 hours  883 hours classroom  575 house field training  Police Academy o Training has evolved from purely technical to an increased emphasis on legal and behavioral aspects  Less how to shoot and more when to shoot  Field Training o To supplement Academy training, officers are assigned to a Field Training Officer (FTO)  Post academy  They ride with the FTO for specified period of weeks/months  Perform and demonstrate proficiency in specific tasks  State Certification o Each state has some form of mandated training for all officers  New candidates  Continuing education (annual)  Legal updates  Domestic violence  Firearms proficiency  Decertification  Officers may be decertified by the state for misconduct o Prevents being fired by one department and moving to another  Shortcomings of current police training  Limited class time leaves little training in important subjects such as discretion and ethics  Detroit Police Department Study: all recruits experienced a significant change in attitude after being out in the street, developing significantly less positive attitudes toward the public  McNamara study of NYPD o The working environment of policing (rather than background characteristics of training) is the principle factor in shaping officer attitudes and behavior  Probationary Period o Probationary period may last from 6 months to two years  During probation, an officer may be dismissed without cause  An average of about 7% are dismissed during probation  An opportunity for the department to observe and evaluate an officer’s on the job performance  Reality Shock o McNamara’s NYPD study found officer attitudes towards the public changed during heir first weeks/months on the job  Changes in officer attitudes partly stem from hostility from citizens  The police perform society’s “dirty work”, unpleasant tasks that others don’t want to do  Officers are stereotyped by the public  News media emphasizes the negative aspect of policing and police behavior  Elected officials interfere with police matters  Officers believe the criminal justice system is ineffective and courts are too lenient  Defense attorneys challenge the quality of officers work and question officers integrity  Judges sometimes exclude confessions or other evidence  Officers become disillusioned with their own departments  Initial Assignment o Impact of the Seniority System  New officers are often assigned to high crime areas and the night shift (the least desirable assignments) o Introduced to a unique police subculture  Westerly: there exists a police subculture emphasizing secrecy, solidarity, and violence  Selective contact with the public, meaning officers rarely meet the average person  Other professionals they deal with (lawyers, news reporters, social workers have negative attitudes towards the police)  Officers believe they can only reply on each other in times of crisis  Public hostility encourages group solidarity  Secrecy is a consequence of public hostility and group solidarity  Public hostility and group solidarity justify violence  Skolnick: officers develop a “working personality” shaped by two aspects of their police role: danger and authority


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