Intro CJ - Ch. 8 Book Notes
Intro CJ - Ch. 8 Book Notes 11979
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Date Created: 09/29/16
Chapter8 BookNotes Highlight–Vocabulary Highlight–Important Fact PolicePersonality and Subculture PoliceSubculture –aparticularset ofvalues,beliefs,and acceptableformsofbehavior characteristic ofAmerican police. Socializationinto thepolicesubculturebeginswith recruit training andcontinuesthereafter Process of informal socializationplays a biggerrole for determining how rookies see police work PoliceWorking Personality–allaspectsoftherationalvaluesand patternsofbehavior evidenced by policeofficerswho havebeen effectivelysocialized intothepolice subculture PolicePersonalities: o Authoritarian o Individualistic o Conservative o Insecure o Cynical o Loyal o Dogmatic o Prejudiced o Efficient o Secret o Honorable o Suspicious o Hostile Two sources of PolicePersonality: o Components of policepersonality already existin some individuals (usually come from a conservative background) o Socialization into the policesubculture that rookie officers experience when they are inducted into the ranks Policesubculture may changethrough external pressures o Hiring practices o Investigations into police corruption o Commission reports Corruption and Integrity PoliceCorruption –theabuseofpoliceauthority for personalor organizationalgain Policedealing with contraband aremore susceptibleto temptations o Could be dealing with financial issues o Social pressures Knapp Commission –a committeethat investigated policecorruptionin NewYork City in theearly 1970s Two Types of Corrupt Officers o Grass eaters More common form of policecorruption Perform illegitimateactivitythat occurs from time to time in the normal couseof police work Mostly small bribes or serviceprovided by citizens to avoid arrest o Meat eaters More serious form of corruption Officeractivelyseeks to illicitmoneymaking opportunities Solicit bribes through intimidation Building Police Integrity o Ethics training is taught to both rookies and veterans o Highmoral standards areembedded in the principles of policeprofession and effectivelycommunicated to individual officers through formal training and peer group socializations o In 2000, International Associationof Chiefs ofPolice (IACP)was created and adopted the LawEnforcement Oath of Honor Meant to reinforce principles and ethics o InternalAffairs–thebranch ofapoliceorganizationtasked with investigating changes of wrongdoings involving members of the department o FBI and Drug Enforcement Administration get involved when corruption violates federal statutes o Other violations may just involve SBI o U.S. department of Justice(DOJ)investigates possibleviolations ofcivil rights Supported by American Civil Liberties Union (ACLU) and National Associationfor the Advancement of Colored People (NAACP) o Officers haveGarrity Rights (protect againstself-incrimination) Drug Testing ofEmployees Drug – testing programs created to combat illicit drug useby officers IACP model of acceptabledrug testing for officers by police managers 1. Testing of all new applicants and recruits applying drug and narcotics 2. Testing of current employees when performance difficulties indicatea potential drug problem 3. Testing current employees involved in excessiveforceor on-duty injury to another 4. Routine testing of all employees assignedtoa special “highrisk” areas,such as narcotics Federal Rehabilitation Act of 1973 o Drug and alcohol abuseare “handicaps” o Employees are entitled to counseling before action canbe taken toward termination Professionalismand Ethics PoliceProfessionalism –theincreasing formalizationofpolicework andthe accompanying risein publicacceptanceofthepolice Policeare expected to have a specializedknowledge in criminal law,laws of procedures, constitutional guarantees,relevant Supreme Court decisions,working knowledge of weapons, hand-to-hand combat tactics,report writing abilities,etc. Policeprofessionalismplaces important limits on discretionary activities ofindividual enforcement personnel and help gainrespect from the public Policework is guidedby ethical code calledThe LawEnforcement Code of Ethics created in 1956 by PeaceOfficers ResearchAssociationofCalifornia (PORAC) PoliceEthics–thespecialresponsibility to adhereto moralduty and obligation that is inherent in policework Fraternal Order of Police(FOP) is theworld’s largestorganization of sworn officers with more than 318,000 members inmore than 2,100 lodges Education and Training PeaceOfficer Standardsand Training (POST)Program –established by theStateof Californiain 1950s. Theofficialprogramofastateor legislativejurisdiction thatsets standardsfor thetraining oflawenforcementofficers. Allstatesset standardsbut not alluse POST Required hours of training for new officers: o 881 in statepoliceagencies o 965 in county departments o 883 in municipal departments o 719 in sheriffdepartment Federal Law Enforcement Training Center (FLETC)provides training for 60 federal law enforcement agencies excluding the FBIand DEA 1 in3 stateagencies havecollegerequirements for new officers o 12% requiring a 2-year collegedegree o 2% requiring a 4-year collegedegree 1 in4 county and municipal departments have a collegerequirement educated officers work better overall but are more likelyto leavepolicework, question orders, and request reassignment Recruitment and Selection sethigh standards strong emphasis on minority recruitment elimination of requirement that officers haveto livewhere they arehired to serve decentralized application and testing procedures various recruiting incentives DangersofPoliceWork On-the-job policedeaths occur from stress,training,accidents,and auto crashes Biggestfearfor officers and family areviolent deaths atthe hands of criminals In 2004, 133 officers were killedin the lineof duty 9/11, 72 officers perished; greatestannual loss oflifeof on-duty generallyslainofficers were good natured Risk ofDisease and Infected Evidence BiologicalWeapons–abiologicalagentused to threaten human life(i.e.smallpox, anthrax,etc.) First responders to crime scenes havea great potential to catchinfectioins from sharp edges of evidence Officers must receivetraining to learn how to prevent contamination by blood borne infectious agents (Bloodborne Pathogens Act of 1991) Stressand Fatigue Policing is among the top – ten stress producing jobs in U.S. Causes: o Frustration brought by inabilityto be effective o Arrests may not leadto convictions o Evidence may not be allowed in court o Imposed sentences may seeminadequate o Repeat offenders constantly doing injusticeto innocents Suicide rate of police officers is twicethat of general population “Macho” attitude prevents some officers to seekhelp and causes them to deny the stress Two Types of Personalities dealing with stress: o Type A: Believelifeis basedon pressure and performance. Those who can’t handle pressure will fail o Type B: More laidbackand less likelyto sufferfrom stress Reduction of Stress: o Humor in dark situations/keeping emotionally distant o Exercise,meditation, diets,prayer, etc. o Stress-filtering abilities Must distinguishbetween truly threatening situations with appropriate reaction Fatigue o Fatigue inpolice workers is 6times as highas mining and industrial workers o Fatigue cancome from lengthen shifts,night school,and emotional and physical demands o To solveissue,experts suggestdepartments address procedures and policies of shiftrotations PoliceUse ofForce PoliceUse ofForce – theuseof physicalrestraint by apoliceofficer whendealing with a member ofthepublic Officers shouldonly usethe amount of force that is reasonableand necessarygiventhe circumstances facing them 43.5 million people have interactions with officers in a 12-month period o 1.6% of people (approximately 700,000) become subject to useof force 80% of officers when using force use weaponless tactics 88% of officers “useof force” involves merely grabbing or holding Policeuse force in fewer than 20% of adult custodial arrests Female officers less likelytouse force Excessive Force –application ofan amount and/or frequencyofforcegreater than that required to compelcompliancefromawilling or unwilling subject “Force Factor” – level of force used by the police relativeto the suspect’s resistance o key element to consider in attempting to reduce injuries to both the policeand suspects Problem-PoliceOfficers–alawenforcement officer who exhibitsproblembehavior, as indicated by high ratesofcomplaintsand use-of-forceincidentsand other evidence Deadly Force Deadly Force–forcelikely to causedeath or great bodily harm;“intentionaluseof firearmor other instrument resulting in ahigh probabilityofdeath” Tennesseev. Garner (1989) – useof deadly force on a fleeing felon is only justifiedwhen there is a reasonable thought there was a significantthreat to the officer or the public Graham v. Conner (1989) – establishedstandard of objective reasonableness;must allow for the fact that officers sometimes make splitsecond decisions under intense circumstances 10% of deadly force shootings is suicide by cop “Imminent Danger” – restricts federal agencies tothe useof deadly force only under situations in which the lives ofthe agents or others are in danger o Contains the following justifications: Defense oflife Fleeing subject –must have probable causeto believethat subjecthas committed a felony involving the infliction or threatened infliction of serious physical injury or death and that the subject’s escapewould pose an imminent danger of death or serious physical injury to the agent or others VerbalWarnings –Iffeasible,andifdoing sowould not increasethe danger to the agent or to others, a verbal warning to submit to the authority of the agent should be givenprior to the use of deadly force Warning Shots–Agents maynot fire warning shots Vehicles –Agents may not fire weapons solelyto disablemoving vehicles. Weapons may be fired at the driver or other occupant of a vehicleonly when the agent has probable causeto believe that the subject poses an imminent danger of death or serious physical injury to the agent or to others and when the useof deadly force does not create a danger to the public that outweighs the likelybenefits ofits use Less LethalWeapons–aweapon that isdesigned to disable,capture,or immobilize, but not kill,asuspect;Occasionaldeath may result o Some people commit suicideby cop o Stress factor and traumatizing event to officer o Possiblesolution to prevent suicideby cop is useof less lethal weapons Discretion and theIndividualOfficer PoliceDiscretion –theopportunity for policeofficersto exercisechoicein their enforcement activities Officers usuallydecideto giveminor/first time offenders warnings RacialProfiling and Biased Policing RacialProfiling (biased policing) –any police-initiated action thatrelieson therace, ethnicity,nationalorigin,sexualorientation,gender,or religion,ratherthan: 1. Thebehavior ofan individual 2. Information that leadsthepoliceto aparticular individualwho hasbeen identified asbeing or having been engagedin criminalactivity Racial profiling firstreceived nation attention in the 1990s Different from behavior profiling o Makes use of a person’s demeanor, actions,bearing, and manner to identify an offender before he canact Many victims of racial profiling areminorities PoliceCivilLiability CivilLiability –potentialresponsibility for payment ofdamagesor other court-ordered enforcement asaresult ofa ruling in alawsuit Two types o State o Federal Common Sources of Civil Suits (State) o Suits canbe brought againstofficers,superiors,and/or the department o Most common civil suits arefor assault,battery, falseimprisonment, and malicious prosecution o Malley v.Briggs (1986) – officer who effects an arrest or conducts a search warrant that was improperly issuedmay be liablefor monetary damages o Biscoev.Arlington County (1984) – officers canbe sued for actions deemed negligent;no high speedchases inurban areas o Cityof Canton, Ohio v.Harris (1989) –superiors’ failure to properly train officers canbecome the basis forlegal liabilityonthe part of the municipality o Board of the County Commissioners of Bryan County, Oklahoma v. Brown (1997) – to establishliability,plaintiffs mustshow that “the municipal action inquestion was not simplynegligent, but was taken with deliberate indifference as to its known or obvious consequences Federal Lawsuits o 1983 Lawsuit –civillawsuit brought under Title42,Section 1983oftheU.S. Codeagainst anyonewho deniesotherstheir constitutionalrightto life, liberty,and propertywithout dueprocessoflaw o Bivensaction –based on thecaseBivensv. SixUnknown FederalAgents (1971), brought against federalgovernment officialsfor denyingthe constitutionalrightsofothers o Some immunity can be givento officers who reasonably believed their actions were lawful o Sovereign immunity is embodied in the Federal Tort Claims Act(FTCA) Broad immunity to federal government agencies engagedindiscretionary activities o Federal Agents areprotected by Federal Employees LiabilityReform and Tort Compensation Act of 1988 (Westfall Act) Empowers the attorney general to certify that the employee was acting within the scopeof his or her officeor employment at the time of the incident
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