Chapter 7. Policing America: Issues and Ethics

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1 Chapter 7 Policing America: Issues and Ethics

2 Chapter Objectives After completing this chapter, you should be able to: Describe the general attitude of the public toward the police. Summarize the steps in an effective police officer selection process. Identify factors that affect the exercise of police discretion and methods of limiting discretion. 2 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

3 Chapter Objectives Describe two general ways that law enforcement agencies can reduce stress on the job. Explain the circumstances under which police officers may be justified in using deadly force. List some of the ways to control and reduce police corruption. 3 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

4 The Police and the Public To carry out the duties of law enforcement, order maintenance, service, and information gathering successfully, the police must have the cooperation of the public. The manner in which they carry out those functions determines the community s respect for and trust in the police. 4 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

5 Public Attitudes Toward the Police What do people think of the police? It depends on: What you ask. Whom you ask. People s prior experience. 5 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

6 Public Attitudes Toward the Police Overall, 59 percent of the public have a great deal or quite a lot of confidence in the police. 6 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

Public Attitudes Toward the Police 7 Copyright 2012

8 Police Recruitment and Selection Police departments should hire the type of officers the community wants, but deciding what the community wants is a difficult task involving different people with different opinions. Selection decisions have momentous long-term implications for a police department. 8 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

9 Qualities of a Successful Police Officer Robert B. Mills, a pioneer in the psychological testing of police officers, believes that police applicants should possess the following psychological qualities: Motivation for a police career. Normal self-assertiveness. Emotional stability under stress. Sensitivity toward minority groups and social deviates. 9 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

10 Qualities of a Successful Police Officer Collaborative leadership skills A mature relationship with social authority Flexibility Integrity and honesty An active and outgoing nature 10 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

11 Qualities of a Successful Police Officer Particularly important qualities are known as the three I s of police selection. The Three I s of Police Selection Intelligence Integrity Interaction skills Nearly as important are common sense and compassion. 11 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

12 The Police Recruitment Process The police officer selection process is usually very elaborate. Police departments are often guided by civil service regulations developed to ensure equal opportunity for all. 12 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

13 Recruitment The kind of people many departments need to attract often do not naturally gravitate to police work. The major goal of recruiting is to cast police work as an attractive and sustaining career, even to those who might initially be turned off by it. 13 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

14 Affirmative Action Police departments continue to struggle to find the best-qualified applicants, yet achieve satisfactory race and gender representation within the department. Affirmative action programs have increased the percentage of racial minorities in policing, but are now being legally challenged. 14 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

15 Education The average level of education in policing today is nearly two years of college. College-educated police officers perform better on the job than less educated officers. The advantages of hiring college-educated officers are the following: Better written reports. Enhanced communication with the public. More effective job performance. Fewer citizen complaints. Wiser use of discretion. Heightened sensitivity to racial and ethnic issues. Fewer disciplinary actions. 15 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

Minimum Educational Requirement for New Officers in Local Police

17 Successful Recruiting Practices Successful recruiting practices include: Going to colleges, neighborhood centers, and schools in minority communities. Using television, radio, and newspaper advertisements. Working with local employment agencies. Demystifying the nature of police work and the selection process. Shortening the time from application to final selection. 17 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

18 Other Promising Recruitment Strategies The employment of 18-year-olds as public safety officers. Police cadet programs. High school technical preparation programs. 18 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

19 Public Safety Officers Police Cadet Programs Public Safety Officers Police department employees who perform many police services but do not have arrest powers. Police Cadet Programs A program that combines a college education with agency work experience and academy training. 19 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

20 Technical Preparation A program in which area community colleges and high schools team up to offer six to nine hours of college law enforcement courses in the 11th and 12th grades, as well as one or two training certifications, such as police dispatcher or local corrections officer. Students who graduate are eligible for police employment at age Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

21 Police Corps The federal Police Corps program was created as part of the Violent Crime Control and Law Enforcement Act of Its purposes are to: Address violent crime by increasing the number of police with advanced education and training on community patrol, and Provide educational assistance to law enforcement personnel and students who possess a sincere interest in public service in the form of law enforcement. 21 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

22 The Police Selection Process In many communities, selection of police officers is through a merit system. Officers employed under such a system are hired and tenured (theoretically) if they meet and maintain the employment qualifications and performance standards. They cannot be fired without cause. 22 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

23 Merit System A system of employment whereby an independent civil service commission, in cooperation with the city personnel section and the police department, sets employment qualifications, performance standards, and discipline procedures. 23 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

24 The Police Selection Process The police officer selection process often includes: Short application. Detailed application, including complete work history, references, and medical profile. Medical examination. Physical ability test. Written examination. Background investigation. Psychological testing. Oral interview. 24 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

25 The Police Selection Process The final steps of selection are: Academy training. Probation, usually between six months and one year, which includes formal field training. 25 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

Interviews, Tests, and Examinations Used in Selection of New Officer Recruits in Local

Background Checks Used in Selection of New Officers Recruits in Local Police

Training Requirements for New Officers Recruits in Local Police

29 The Selection of a Law Enforcement Executive The selection of a chief executive of a police agency is a crucial decision. The selection process often involves: Decision by a selection committee. An executive search firm. Several visits to the city. Written exams. Interviews. Assessment center testing. 29 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

30 Issues in Policing Many areas of policing remain topics of debate, particularly: Discretion. Stress. Use of force. Police corruption. Professionalizing law enforcement. 30 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

31 Discretion No list of policies and procedures could possibly guide police officers through all the situations in which they find themselves. Police routinely must use their own discretion. The issue of police discretion is very controversial, particularly because some officers abuse their discretion. The exercise of individual judgment, instead of formal rules, in making decisions. 31 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

32 Patrol Officer Discretion Patrol officers routinely use their discretion in deciding: Where to patrol when not answering radio calls. Whom to stop and question. Which traffic violators to chase. To ignore a minor violation in pursuit of something more serious. 32 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

33 Patrol Officer Discretion Patrol officers cannot provide full enforcement. Instead, police officers usually practice selective enforcement. Full Enforcement: A practice in which the police make an arrest for every violation of law that comes to their attention. Selective Enforcement: The practice of relying on the judgment of the police leadership and rank-and-file officers to decide which laws to enforce. 33 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

34 Factors Affecting Discretion A number of significant factors affect discretion: The nature of the crime. Departmental policies. The relationship between the victim and the offender. The amount of evidence available. The preference of the victim. The demeanor of the suspect. The legitimacy of the victim. Socioeconomic status of the complainant. 34 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

35 Discretion and Domestic Violence The police do not relish the task of responding to domestic violence for several reasons: The calls are dangerous. It is a tense and often hostile experience. The police oftentimes conduct an investigation and the victim later drops the charges. An arrest may further harm the family and exacerbate the family crisis. 35 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

36 Discretion and Domestic Violence Today police are required to intervene if crimes are committed, by: mediating the dispute separating the domestic partners, or arresting the perpetrator Which tactic is appropriate is often decided by the officer. 36 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

37 Discretion and Racial Profiling Racial profiling is of growing concern to law enforcement officials and to the public. Often stops are justified by minor equipment or moving traffic violations that might otherwise be ignored. At the root of the practice is racial profiling. The stopping and/or detaining of individuals by law enforcement officers based solely on race. 37 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

38 Discretion and Racial Profiling Methods aimed at stopping racial profiling include: Racial and cultural diversity training. Strong discipline for errant officers. Videotaping of all traffic stops. Collecting data on the race of stopped motorists and pedestrians and the disposition of the encounter. Having police officers distribute business cards to all motorists and pedestrians they stop. 38 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

39 Factors Limiting Discretion Several methods are employed to control the amount of discretion exercised by police officers: Close supervision. Policies covering behavior in certain situations, such as the use of force. The threat of civil liability lawsuits. 39 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

40 Job Stress Given the nature of police work, no one is surprised to discover that law enforcement officers experience job stress. 40 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

41 Sources and Effects of Stress Sources of stress: Symptoms of stress: Design of tasks. Frequent headaches. Management style. Difficulty in concentrating. Interpersonal relationships. Short temper. Work roles. Upset stomach. Job dissatisfaction. Abuse of alcohol and drugs. Low morale. 41 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

42 Copicide A phenomenon that affects some police officers is copicide, or suicide by cop. A study of police shootings in Los Angeles found that 10% of the deaths of citizens could be attributed to copicide. 42 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

43 Stress Management and Reduction Stress can be managed and reduced through: Discussing stressful events with colleagues and mental health professionals. Regular exercise. Relaxation techniques. A healthy diet, without caffeine or nicotine. Enriched family support. Religious support. Prayer and meditation. Organizational changes that give officers more control over their work environment. 43 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

44 Use of Force A precise definition of brutality is not possible, but for many people, brutality includes not only excessive physical force, but also: verbal abuse profanity harassment threats of force unnecessary stopping, questioning, and searching of citizens 44 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

Types of Nonlethal Weapons Authorized for Personal Use by Sworn Officers in Local

47 Excessive Force Police use force in order to control suspects who resist arrest and may be armed. The disrespect and physical resistance in these encounters have caused police to sometimes use excessive force. 47 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

48 Excessive Force The persistent use of excessive force by the police: is unethical and criminally illegal exposes the police to criminal and civil prosecution builds up resentment by citizens against police costs law enforcement agencies millions of dollars in legal damages 48 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

49 Deadly Force In 1985, the U.S. Supreme Court, in the case of Tennessee v. Garner greatly restricted the conditions under which police can use deadly force. 49 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

50 Deadly Force The use of deadly force is not justifiable unless: The arrest is for a felony. The person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer. The actor believes that the force employed creates no substantial risk of injury to innocent persons. 50 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

51 Deadly Force The actor believes that: The crime for which the arrest is made involved conduct including the use or threatened use of deadly force. There is substantial risk that the person to be arrested will cause death or serious bodily harm if his or her apprehension is delayed. 51 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

52 Deadly Force Even with these guidelines, the decision to use force is seldom clearcut for police officers. Research on the use of force, excessive force, and deadly force, has not identified any specific procedures that would significantly reduce the injury to or death of police officers and the citizens they confront. 52 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

53 Police Corruption Nothing is more distasteful to the public than a police officer or a whole department gone bad. Throughout history, police officers have bought their positions and promotions, sold protection, and ignored violations of the law for money. 53 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

54 Police Corruption Why is policing so susceptible to corruption? Police have authority to enforce laws. Police also have the discretion to not enforce the law. Police receive relatively low pay, but have important responsibilities. Police become cynical about the courts soft treatment of criminals. Society in general is ambivalent about vice. 54 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

55 Types of Corruption The Knapp Commission in 1972 identified two kinds of corrupt officers: Grass eaters Officers who occasionally engage in illegal and unethical activities, such as accepting small favors, gifts, or money for ignoring violations of the law during the course of their duties. Meat eaters Officers who actively seek ways to make money illegally while on duty. 55 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

56 Types of Corruption Ellwyn Stoddard identified a more complete list of police misconduct: Bribery: accepting cash or gifts in exchange for nonenforcement of the law. Chiseling: demanding discounts, free admission, and free food. Extortion: the threat of enforcement and arrest if a bribe is not given. 56 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

57 Types of Corruption Favoritism: giving breaks on law enforcement to family and friends. Mooching: accepting free food, drinks, and admission to entertainment. Perjury: lying for other officers apprehended in illegal activity. Prejudice: unequal enforcement of the law with respect to racial and ethnic minorities. Premeditated theft: planned burglaries and theft. Shakedown: taking items form the scene of a theft or a burglary. Shopping: taking small, inexpensive items from a crime scene. 57 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

58 Controlling Corruption Some of the ways to control and reduce corruption in policing are: High moral standards. Police policies and discipline. Proactive internal affairs investigations unit. Uniform enforcement of the law. Outside review and special prosecutors. Court review and oversight. 58 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

60 Professionalizing Law Enforcement Many people would argue that policing in America has already reached professional status. Professional accreditation for police agencies is a rite of passage that is needed if law enforcement is to join the list of the most respected professions. 60 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

61 Professionalizing Law Enforcement Professionals in any field make unintentional mistakes. A caring public should forgive most of them. However, racist and brutal tactics like the Los Angeles police officers beating of Rodney King should not be tolerated. Police officers need to treat their on-duty time as a professional performance in order to improve the public s perception of law enforcement as a profession worthy of trust and admiration. 61 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

Police Process. Definition of Police Corruption. Definition of Police Corruption. Cost of Police Corruption (cont.) Cost of Police Corruption

Police Process. Definition of Police Corruption. Definition of Police Corruption. Cost of Police Corruption (cont.) Cost of Police Corruption Police Process Outline for the lecture Dae-Hoon Kwak Michigan State University CJ 335 Summer 2006 Lecture 15 Police Corruption Define police corruption Identify various types of police corruption Explain