Chapter 6.pdf

Chapter 6 - Policing: Issues and Challenges Police Personality and Culture ? Police subculture: the set of informal values which characterize the police force as a distinct community with a common identity ? Police working personality: all aspects of the traditional values and patterns of behavior evidenced by police officers who have been effectively socialized into the police subculture - Authoritarian, cynical, conservative, dogmatic, loyal, honorable, etc? - Some are essential for survival and effectiveness - Some exists already within the individuals, others due to socialization Corruption and Integrity ? Police corruption: the abuse of police authority for personal or organizational gain - As small as free cups of coffee to huge monetary bribes ? Definition of police corruption unclear ? Police deviance is unprofessional on- and off-duty misconduct, isolated instances of misuse of position, improper relationship with informants or criminals, embellished reports, attendance abuse, unauthorized disclosure of information. ? Knapp Commission: committee that investigate NYC police corruption in the early 1970s - Complex web of corruption of routine money/services exchanging hands - ?Grass eating? ?minor bribes/services in exchange to avoid arrest or persecution - ?Meat eating? ?more serious corruption, involving illicit money-making ? LAPD corruption - cops involved with drug rings, stealing drugs from evidence room, falsifying convictions Money?The Root of Police Evil? ? Deal with a lot of hostility from citizens, receive low pay which shows work isn?t valued ? Low pay may be critical ingredient in corruption Building of Police Integrity ? Difficulties of controlling corruption: reluctance to report fellow officers, reluctance to acknowledge existence of corruption, benefits of corruption to parties involved, lack of victims willing to report corruption. ? Ethics training is part of reframing strategy that emphasizes integrity ? Law Enforcement Oath of Honor should be seen as statement of commitment to ethical behavior ? Internal Affairs: branch of police organization tasked with investigating charges of wrongdoing involving members of the department. - FBI and DEA involved when corruption violates federal statutes Drug Testing of Police Officers ? Widespread corruption due to drugs has led to combat drug use by officers ? Many departments require officers to submit to routine drug testing ? Drug and alcohol addictions are protected by Federal Rehabilitation Act allowing employees the entitlement to counseling and treatment before action toward termination can be taken The Dangers of Police Work Violence in the Line of Duty ? Most officers that are shot are killed by lone suspects armed with a single weapon ? Slain officers tend to be good-natured & conservative in use of physical force, failed to wear protective vests ? Decline in deaths-- heightened awareness, push for body armor Risk of Death and Infected Evidence ? Biological weapons - biological agent used to threaten human life (ex: anthrax, smallpox) ? Routine criminal and accidental investigations hold potential for infection through minor cuts/abrasions from contact with broken class, sharp edges of knives, drug implements - Can lead to infections, diseases (AIDS, hepatitis) ? Use of breathalyzer on infected person, handling of evidence, emergency baby deliveries, attack by infected individuals in custody Stress and Fatigue Among Police Officers ? Stress is a natural component of police work - Frustration brought on by inability to be effective - Witnessing injustice to innocent victims - Living with constant danger - Denial of stress makes them potentially more likely to suffer negative stress effects ? Stress Reduction - Humor, maintaining emotional distance, exercise, meditation, music, prayer, diet, etc - Officers who can filter out extraneous stimuli and who can distinguish between truly threatening situations and those that are benign report less stress that those who can?t - Family members often report feeling stress related to officer?s work. ? Officer Fatigue - Weary from overtime assignments, shift work, emotional and physical demands Terrorism?s Impact on Policing ? Devote an increased amount of time and resources preparing for possible terrorist attacks and to gathering intelligence necessary to thwart them ? Responded by strengthening liaisons with other agencies including fire departments; refining training and emergency response; increase patrol around landmarks, places of worship, entry ports, transit systems, etc; heavy guarding public events (speeches, parades); creating new counterterrorism divisions; employing new technologies ? More regulations and requirements at local level, as well as state and federal levels ? FBI - Joint Terrorism Task Forces (JTTFs), Field Intelligence Groups (FIGs) Intelligence-Led Policing and Antiterrorism ? Intelligence-Led Policing (ILP): collection and analysis of information to produce an intelligence end product designed to inform police decision making at tactical & strategic levels - Gathered from many sources (newspapers, internet, surveillance, interviews) ? Criminal Intelligence: information compiled, analyzed, and/or disseminated in an effort to anticipate, prevent or monitor criminal activity - Intended to provide meaningful and trustworthy direction to law enforcement ? Tactical intelligence - gaining or developing information related to threats of terrorism or crime and using this information to apprehend offenders, harden targets and use strategies to eliminate or mitigate the threat ? Strategical intelligence - provides information to decision makers about the changing nature of threats for purpose of developing response strategies and reallocating resources Information Sharing and Antiterrorism ? Working toward a fully integrated criminal justice system ? Law Enforcement Online (LEO) - intranet intended exclusive for use by law enforcement community ? International Justice and Public Safety Information Sharing Network (NLETS) - Includes all 50 states and most federal agencies and territories - Database for a plethora of information (criminal histories, homeland alerts, immigration databases, driver records, aircraft registrations, AMBER alerts) Police Civil Liability ? Civil Liability: potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a lawsuit Common sources of Civil Suits ? Common lawsuits against police are assault, battery, false imprisonment, malicious prosecution ? Malley V. Briggs - officer is responsible for establishing bass for pursuing arrest/search ? Arrests without just cause or the impeding of individual rights may lead to false arrest charge ? Departments may protect themselves by training and regulations limiting authority ? Supervisors may be object of lawsuits because they?re responsible for action of officers Federal Lawsuits ? 1983 Lawsuit: A civil suit brought under title 42, section 1983 of the US Code against anyone who denies others their constitutional right to life, liberty, or property without due process of law - Ex: against officer who shoots suspect under questionable circumstances, making an arrest on accusations an officer knows to be untrue ? Bivens Action: civil suit brought against federal government officials for denying the constitutional rights of others. - May be brought against individuals but not against the US or its agencies ? Sovereign immunity was legal theory that held that a government body couldn?t be sued because it made the law and therefore couldn?t be bound by it. -many states have abandoned this doctrine ? On federal level there?s the Federal Tort Claims Act which grants immunity to federal government agencies involved in discretionary activities ? Qualified immunity - shields law enforcement officers from constitutional lawsuits if reasonable officers believe their actions to be lawful in the light of clearly established law and the information the officers possess. Racial Profiling and Biased Policing Racial Profiling ? any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or on the information that leads the police to a particular individual who has been identified as being or having been engaged in criminal activity. - stopped for being in the wrong car or neighborhood, harassed for petty traffic violation ? originally intended to help catch drug couriers attempting to enter the country -?personal indicators? common of experiences with past drug couriers ? Came to attention when NJ and MD police were accused of unfair treatment of African Americans and later admitted that race was a factor in traffic stops - Was proven in the NJ attorney general?s report - In 2003, it was banned from practice except in case of terrorist suspects ? Certain minorities have higher rates of specific offenses ? Seen as contrary to basic ethnic principals regardless of arguments in support of it ? Weakens the public?s confidence in the police, decreasing trust and cooperation Racially Based Policing ? Vast majority of law enforcement officers of all ranks nationwide, are dedicated men and women committed to serving all citizens with fairness and dignity ? Some actions are misinterpreted as biased, when they?re just doing their job Police Use of Force ? Use of physical restraint by a police officer when dealing with a member of the public - Authorized to use amount of reasonable force when necessary ? Under 20% of adult arrests have forced used - even when used its generally weaponless ? Excessive force: application of an amount or frequency of force greater than that required to compel compliance from a willing or unwilling subject - Police activity is generally under scrutiny and media attention is received - Can result in lawsuits ? ?force factor? is level of force used by police relative to suspect?s level of resistance ? Problem police officers: officer who exhibit problem behavior as indicated by high rates of citizen complaints and use-of-force incidents and by other evidence. Deadly Force ? the force likely to cause death or great bodily harm? also the intentional use of a firearm or other instrument resulting in a high probability of death ? Use of deadly force by law enforcement has received a great deal of attention in recent years ? ?Fleeing felon rule? - officers could use deadly force to prevent escape of suspected felon even when that person represented no immediate threat to officers or public - Tennessee vs. Garner - ruled that this was unconstitutional ? Federal deadly force policy - Defense of life - Feeling Subject if poses threat - Verbal warning should be given before - No warning shot may be fired - May not be used to disable a vehicle ? Lots of stress and trauma for police officer after shooting and possibly killing someone Less-Lethal Weapons ? Designed to disable, capture, or immobilize a suspect, but not kill. Occasional deaths do occur from the use of such weapons ? Examples: Stun guns, Tasers, rubber bullets, beanbag projectiles and pepper spray Professionalism and Ethics ? increasing formalization of police work and the accompanying rise in public acceptance of police ? Specialized knowledge of laws, procedures, constitutional rights, supreme court cases; working knowledge of weapons, driving; knowledge of radio communications, report-writing, interview/interrogation; human relation skills ? Police Ethics: special responsibility to adhere to moral duty and obligation that is inherent in police work. Outlined in the law enforcement code of ethics Education and Training ? Peace Officer Standards and Training (POST) Program: official program of a state or legislative jurisdiction that stets standards for the training of law enforcement officers. - Every state mandates its own standards and requirements - All generally involve training in human relations, firearms and weapons, communications, legal aspects, patrol, criminal investigation, etc ? Federal law enforcement agencies receive education at Federal Law Enforcement Training Center in Georgia (excludes the FBI and DEA) - Offers advanced training to state and local police organizations as well ? Increasing emphasis placed on formal education, leading to the recommendation of a baccalaureate degree (but not required) - Most federal agencies do require a college degree for entry-level positions Recruitment and Selection ? Interviews, basic skills tests, physical agility measurements, medical exams, drug tests, psychological evaluations, background investigation of personal character ? Effective policing may depend on innate qualities more than educational attainment and credit - Initiative, responsibility, ability to deal with emergencies alone, capacity to communicate effectively with people from diverse backgrounds, ability to learn variety of tasks quickly, attitude/ability to adapt to technological changes, desire to help people in need, understanding of others, emotional maturity, sufficient physical strength and endurance Ethnic and Gender Diversity in Policing ? A 1968 survey of police supervisors shows a marked disparity between number of blacks and whites in leadership positions ? Today through much recruitment, there is an increased representation of minority groups, but women are still largely underrepresented ? Benefits of having female officers are: use less physical forces, better at defusing potentially violent confrontations, posses better communication skills, better able to facilitate cooperation and trust Women as Effective Police officers ? Extremely devote to work, see themselves as women then police officers, more satisfied when working in nonuniformed capacities. ? 2 groups of female police officers: those who felt themselves to be well integrated and those who experienced strain and on-the-job isolation ? Often underutilized within the department Methods to Increase the Number of Minorities and Women in Police Work ? Involve underrepresented groups in planning programs, encourage development of system of promotion where women can feel free to apply for promotion, using periodic audits to ensure that female officers aren?t being underutilized. ? Networking to provide support and mentoring Private Protective Services Growth of Private Protective Services ? Work for corporate employers and secure private interests ? Phenomenal growth in recent years ? Private protective services: independent or proprietary commercial organization that provide protective services to employers based on a contractual basis. ? In most countries, private outnumber public police ? Reasons for quick growth of American propriety security sector: - Increase in crimes in the workplace - Increase in fear (real or perceived) of crime and terrorism - The fiscal crises of the states - An increased public and business awareness and use of more cost-effective private security products and services Integration of Public and Private Security ? Relationship evolves as the Private security field grows ? Many departments have begun to involve security organizations in their crime-detection and crime- prevention efforts