Intro to Criminal Justice: Issues in Policing
Intro to Criminal Justice: Issues in Policing CCJ 2020
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This 5 page Class Notes was uploaded by Ryan Desjardins on Tuesday February 9, 2016. The Class Notes belongs to CCJ 2020 at Florida State University taught by Elizabeth Borkowski in Spring 2016. Since its upload, it has received 38 views. For similar materials see Introduction to Criminal Justice in Criminology and Criminal Justice at Florida State University.
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Date Created: 02/09/16
Issues in Policing Vocab & PowerPoint Notes Vocab 1. Double Marginality The social burden African American police officers carry by virtue of being both minority group members and law enforcement officers. 2. Cynicism The belief that most people's actions are motivated solely by personal needs and selfishness. 3. Blue Curtain The secretive, insulated police culture that isolates officers from the rest of society. 4. Discretion The use of personal decision making and choice in carrying out operations in the criminal justice system. For example, police discretion can involve deciding whether to make an arrest; prosecutorial discretion can involve deciding whether to accept a plea bargain. 5. Emotional Intelligence The capability of monitoring one's own feelings and actions in order to guide action. 6. Demeanor The way in which a person outwardly manifests his or her personality. 7. Racial Profiling The practice of police targeting minority groups because of a belief that they are more likely to be engaged in criminal activity. 8. Police Brutality Usually involves such actions as the use of abusive language, the unnecessary use of force or coercion, threats, prodding with nightsticks, stopping and searching people to harass them, and so on. 9. Corruption Exercising legitimate discretion for improper reasons or using illegal means to achieve approved goals. 10. Knapp Commission A public body that led an investigation into police corruption in New York and uncovered a widespread network of payoffs and bribes. 11. Meat Eaters A term for police officers who actively solicit bribes and vigorously engage in corrupt practices. 12. Grass Eaters A term for police officers who accept payoffs when everyday duties place them in a position to 'look the other way'. 13. Deadly Force Force that is likely to cause death or bodily harm. 14. Suicide by Cop A form of suicide in which a person acts in an aggressive manner with police officers in order to induce them to shoot to kill. 15. Nondeadly Force Force that is unlikely to cause death or significant bodily harm. 16. Less Lethal Weapons Weapons designed to disable or immobilize rather than kill criminal suspects. 17. Miranda warning The requirement that police officers inform suspects subjected to custodial interrogation that they have a constitutional right to remain silent, that their statements can later be used against them in court, that they can have an attorney present to help them, and that the state will pay for an attorney if they cannot afford to hire one. 18. Search Warrant An order issued by a judge, directing officers to conduct a search of specified premises for specified objects or persons and bring them before the court. 19. Probable Cause The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant; less than absolute certainty or "beyond reasonable doubt," but greater than mere suspicion or hunch. 20. Stop and Frisk The situation when police officers who are suspicious of an individual run their hands lightly over the suspects outer garments to determine whether the person carrying a concealed weapon. Also called a patdown or threshold inquiry, a stop and frisk is intended to stop short of any activity that could be considered a violation of Fourth Amendment rights. 21. Exclusionary Rule Evidence seized in violation of the Fourth Amendment (unreasonable search and seizures) cannot be used in a court of law. 22. Good Faith Exception The principle that evidence may be used in a criminal trial, even though the search warrant used to obtain it is technically faulty, if the police acted in good faith and to the best of their ability when they sought to obtain it from a judge. ______________________________________________________________________________ PowerPoint Notes Who are The Police "Double Marginality'social burden black police face by being both a minority and an officer First women officer is Alice Stebbins Wells Police Profession Police Culture Faces cynicism, blue curtain, core beliefs: loyalty counts above everything else, impossible to win the war against crime if the rules aren't bent, members of the public are unreasonable demanding, unsupportive. Police officers tend to socialize with one another and believe that their occupation cuts them off from relationships with civilians. Police Personality Can be described as dogmatic, authoritarian, and suspicious. Since police are constantly exposed to dangerous situations and feel the need to use force and authority to defuse/control threatening situations, officers tend to develop cynicism. Police Styles 1. The Crime Fighter 2. The Social Agent 3. The Law Enforcer 4. The Watchman Police Discretion The critical aspect that the individual police officer has the ability to make the call whether the offender be arrested, given a warning, or set free. Can involve selective enforcement of the law Emotional intelligencedefined as the ability to monitor one's own and others feelings and emotions, to discriminate among them and to use this information to guide one's thinking and actions. This is crucial to police discretion. Some factors affecting police discretion are... 1. Legal 2. Environmental 3. Departmental 4. Peer 5. Situational 6. And Extralegal Problems of Policing 4 main problems... 1. Job Stress 2. Fatigue 3. Violence and Brutality 4. Corruption Varieties of Police Corruption 1. Internal Corruption This corruption takes place among police officers themselves, involving both the bending of departmental rules and the outright performance of illegal acts. 2. Selective Enforcement or Nonenforcement This occurs when police abuse or exploit their discretion. If an officer frees a drug dealer in return for valuable information, that is considered a legitimate use of discretion; if the officer does so for money, that is an abuse of police power. 3. Active Criminality This is participation by police in serious criminal behavior. Police may use their positions of trust and power to commit the very crimes they are entrusted with controlling. 4. Bribery and Extortion This includes practices in which law enforcement roles are exploited specifically to raise money. Bribery is initiated by the citizen; extortion is initiated by the officer. According to the Knapp Commission, abusers can be classified into two categories... 1. Meat Eaters Aggressively misuse police power for personal gain by demanding brides, threatening legal action, or cooperating with criminals. 2. Grass EatersAccepts payoffs and lets other simple things slide when their everyday duties place them in a position to 'look the other way' Police Use of Force Use of physical restraint by a police officer when dealing with a citizen 4 Types... 1. Deadly Force refers to the actions of a police officer who shoots and kills a suspect who flees from arrest, assaults a victim, or attacks an officer. a. Court cases involved in this include Tennessee v. Garner and Graham v. California b. Justification for the use of deadly force can be traced back to English Common law, death of the offender was saving the state from more victimization 2. Excessive ForceThe application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject. 3. Nondeadly Force a force that is unlikely to cause death or significant body harm. a. Includes the use of handcuffs and stun guns 4. Less Lethal Weapons Weapons used to subdue certain suspects without causing deadly or excessive force, but still have the same effectiveness as stopping them. a. Includes pepper spray, Tasers, rubber bullets Police Procedures Warren Court made 3 rulings relevant to strict procedural procedures police must follow 1. Evidence ath Investigation (Search and Seizure) a. 4 amendment states that people must be secure in their homes and in their persons against unreasonable searches and seizures. b. Before police have the ability to search, a search warrant must be given. That is a court order authorizing and directing the police to search a designated place for evidence of a crime. i. A WARRANT CAN'T BE ISSUED WITHOUT PROBABLE CAUSE c. Exceptions to seizure without a warrant include searches incident to lawful arrest, inventory, Terry searches, vehicle searches, and consented searches. d. Exclusionary Rule provides all evidence obtained by unreasonable searches and seizures is inadmissible in criminal trials. i. Made legal in federal trials with Weeks v. United States ii. Made legal in state trials with Mapp v. Ohio ***Stop and Frisk determined by Terry v. Ohio, the Supreme Court held that police officers can perform a stop and frisk when they have reasonable suspicion to believe criminal activity is afoot.*** 2.Arrests the act of taking an adult or juvenile into physical custody, by authority of law, for the purpose of charging the personal with a criminal offense, delinquent act, or a status offense, terminating with the recording of a specific offense. 3.Interrogations the informationgathering activity of police officers that involve the direct questioning of suspect after an arrest is made. a. The Miranda Rule established in 1966 by Miranda v. Arizona, states the police must give a person in custody the Miranda warning. This warning informs the suspect that they have the right to remain silent, if they make a statement, it can be used against them in court, they have the right to consult an attorney and to have the attorney present at the time of the interrogation, and if they cannot afford an attorney, one will be appointment by the state