Sneak Preview. The Police Function

Transcription

1 Sneak Preview The Police Function By Arthur D. Wiechmann Included in this preview: Selections From the Book Cover Copyright Information Table of Contents Chapter 1 & 2 Preview Information about the Author For additional information on adopting this book for your class, please contact us at x71 or via at info@universityreaders.com

2 Arthur D. Wiechmann retired from the Fullerton, California police force in 2004 after 29 years in patrol, traffic, investigation, and crime scene investigation functions; he was a sergeant for 14 years. Art has a BA in Criminal Justice and an MA in Social Science from California State University, Fullerton. He is a graduate of the Supervisory Leadership Institute and the Delinquency Control Institute. He is a nationally certified Drug Recognition Expert Instructor. Since 1994 Art has been a member of the faculty in the Division of Politics, Administration, and Justice at CSU Fullerton. He is also an adjunct faculty member at Fullerton College. He has published 10 articles on community-oriented policing, supervision, and management. Another Publish Your Works title by Arthur D. Wiechmann: Public Administration in Criminal Justice Organizations Copyright 2007 by Arthur D. Wiechmann All rights reserved. Published Printed in the United States of America ISBN: (cloth) Cover design: Fabián Chow Publish Your Works An imprint of University Readers, Inc., San Diego info@universityreaders.com

3 TABLE OF CONTENTS CHAPTER ONE Patrol Function 1 Purpose of Patrol 3 Problems and Controversy 4 The Patrol Function 9 Field Investigations 13 Transfer of Evidence Theory 18 First Officer Responsibilities 20 Special Situations 28 CHAPTER TWO Investigation Function 35 Role of Investigator 35 Specialist versus Generalist 38 Phases of Investigation 46 Sources of Information 60 Basic Investigative Leads 71

4 CHAPTER THREE Community Oriented Policing 78 Introduction 78 Goal and Components 81 Traditional versus Community Policing 89 S.A.R.A. Model 101 Three-step Process 108 Effectiveness of Patrol Efforts 110 Problem Solving Considerations 112 Management Changes 124 CHAPTER FOUR Organization and Management 129 Transition of Police Management 130 Organizational Concepts 133 Mission Statements, Procedures, and Policies 136 Classical Organizational Principles 150 Human Relations Theory 165 Systems Theory 179 Contingency Theory 186

5 CHAPTER FIVE Crime Prevention through Environmental Design 192 Introduction 192 Crime Generators 198 Territoriality 201 Surveillance Opportunity 204 Traffic Patterns 206 Displacement Concept 209 CHAPTER SIX Civil Liability 211 Three Areas of Liability 212 Reducing and Preventing Liability 219 Supervisory Responsibility 227 Components of Managing Liability 238 CHAPTER SEVEN Use of Force 241 Reactionary Forces 244 Levels of Force 247 Justification Factor 255

6 CHAPTER EIGHT Organizational Ethics 257 Values 259 Ethics 262 Ethical Relativism 265 Principle versus Preference 267 Ethical Problems in Law Enforcement 269 CHAPTER NINE Discretion 272 Discretion Defined 273 How Discretion Varies 278 Variables That Effect Discretion 282 Reducing Discretion 292 CHAPTER TEN Recruitment, Selection and Promotion 297 Social Environment 297 Problems with Public Sector Recruitment 302 Legal Considerations 304 Promotional Testing 308

7 Traditional Test Methods 310 Modern Testing Methods 316 Recruitment Issues 321 CHAPTER ELEVEN Police Culture 329 It s a Cop Thing 330 Use of Force 334 Ugly Side of Life 337 Occupational Socialization 339 A Dangerous Job 345 Three Core Elements of Police Culture 348 CHAPTER TWELVE Racial Profiling 355 Management Issues 356 Criminal versus Racial Profiling 357 The Ethics of Profiling 360 Pretext Stops and Racial Profiling 361 The Stigma of Profiling 363 Management Response 364

8 CHAPTER THIRTEEN Police Misconduct 368 Types of Misconduct 369 Theories of Police Misconduct 377 Levels of Corruption 383 Citizen Complaints 385 Reasons that Complaints are Made 388 Internal Affairs Investigations 390 CHAPTER FOURTEEN Future of Policing 398 Environmental Scanning 399 Scenario Writing 412 Changes in Police Leadership 414 APPENDIX 421 BIBLIOGRAPHY 425

9 CHAPTER ONE The Patrol Function Topics Purpose of Patrol Problems and Controversies Functions of the Police Field Investigations Transfer of Evidence First Officer Responsibilities Introduction To say that the job of law enforcement is unique, physically demanding, mentally challenging, dynamic, exciting, interesting, rewarding, exhilarating, frustrating, demoralizing, dangerous and stressful is an understatement. Literally, there is no other job in the world like it. Only one percent of all police applicants ever achieve the goal of becoming a police officer. For them, there is no other job that they would rather do. For the remainder of the population, there is not enough money for them to do the job, even if they were capable. This book will address a variety of issues facing police officers. It will address their official responsibilities, how they function, the various 1

10 dynamics which have a profound affect on their ability to do their job, how it affects their personalities, and their potential to be effective in reaching the goals of preventing and reducing crime. This chapter appropriately addresses the function of police patrol, which by far is the most dynamic, interesting, dangerous and volatile area of the law enforcement function. A police officer on patrol cruising the streets in a black and white, his head on a swivel looking for trouble and danger, is the epitome of determination and fortitude the thin blue line that separates civilized society from complete anarchy. A little melodramatic? Not really. Not for a cop, because they know the truth. They know that they really make a difference in people s lives. They know that they are part of a noble profession that most people cannot or would not do. No other career requires employees to live on the edge the edge of society in which police officers must fight the scum of the earth, but must play by the rules against those who have no rules. So, we start with the patrol function the most dynamic, interesting and challenging aspect of the law enforcement profession, to which only the most dedicated and courageous of individuals belong. 2

11 The Purpose of Patrol The patrol function is the backbone of policing. That is, patrol is the supporting structure and strength of the entire efforts of law enforcement. This is a phrase that you will read in some context or another in every book written on the subject of police activities. Almost everything else that the police do is in response to a patrol action or function. This is where it begins this is where it all starts. And this is where police manpower is the most critical. If there are not enough police officers to respond to calls for service and to patrol for criminal activity, then none of the other functions of the police will much matter, since the thin blue line is not there to maintain a civilized society. So, why do the police drive around and patrol their cities, rather than sitting around in the station and waiting for calls like fire fighters do? It is because the functions of these two jobs are different in the way that they complete their tasks and fulfill their goals. One of the primary functions of the police is detection and deterrence. Example: Firefighters fight fires and engage in rescue operations. They do not drive around looking for fires and situations requiring rescues. These incidents are so few and 3

12 far between that it would be a waste of resources. But the focus of the police, which is to fight crime, is much more widespread and frequent. Another difference between the police and fire service is in the area of how they respond to calls. The fire department receives a call of a fire or rescue, and responds to the scene. Their response time is not as efficient as the police, since they are at the station, and late at night are sleeping. In contrast, the police are mobile they are awake, in a moving car, and because of geographic assignments, they are comparatively very close to the scene of the call. Their response times are generally impressive, which is essential for saving lives and catching violators. Besides being the first line of defense against crime and public safety, the patrol function makes up 60 to 70 percent of a police department s work force, making it the most expensive and largest unit in any police department. Problems and Controversies Without a doubt, most of the controversy and problems in policing deals with patrol-related incidents. Rarely does a night go by when the police are not on the evening news, either being involved in a high-speed chase, a shooting, or some other controversial incident 4

13 There are many ways that a criminal investigation can evolve from a potentially strong case to a marginal or weak case that a prosecutor does not want any part of: Improper evidence collection: If the agency has to go back to a crime scene to collect evidence that should have been collected during the initial crime scene investigation, there is a lack of continuity and control, which breaks the chain of control. Many major cases, such as homicides and sexual assaults, rely on physical evidence to bolster the inherent circumstantial evidence that accompanies these types of crimes. Violation of civil rights: If a confession is obtained without a Miranda advisement, or a search is conducted without probable cause, a warrant, or consent, any evidence will not be admissible. It is critical that an investigator review each case to make sure that all the evidence that is obtained; statements and physical evidence, will stand up to scrutiny in court. Less than thorough investigations: As opposed to what people see on television, investigators do not have the luxury of working only one case at a time. Investigators have a caseload which can be anywhere from twenty to fifty cases or more, depending upon their specialty and the staffing levels of the bureau. 37

14 If investigators get buried in their caseload, it is easier to justify taking shortcuts to get cases off their desks. Rather than scrutinizing all aspects of a police report to make sure it is solid, it can be really easy to just take what a patrol officer did and take it to the district attorney for filing. And if the district attorney refuses to file the case because there was insufficient evidence, (since the investigator did not do his job), it is too easy for the investigator to blame the patrol officer or the district attorney, rather than where the true responsibility lies; with the person who is the link between the efforts of the police, and the efforts of the courts the investigator himself. Specialist versus Generalist Depending upon how an investigation division in a police department is organized, the detectives (or investigators) are considered either a specialist or a generalist. This distinction will depend on the individual needs and work activities of the agency. In very small police departments, where there is not enough crime to justify a separate detective bureau, or not enough personnel to properly staff a detective bureau, patrol officers are also the follow up investigators to the crimes that occur. 38

15 After 29 years in the Law Enforcement, Art wanted the second half of his life to be as challenging and fulfilling as the first half. He found this... first with sailing a 36 foot sailboat, then with writing textbooks and novels.

16 There is no greater calling than that of public service, especially in the field of criminal justice in which lives are protected, communities preserved, and laws enforced. It is the members of this profession who, because of their high personal and professional ethics, are able to maintain order and justice in a chaotic society.

17

18 Arthur D. Wiechmann TRAINING Effective Employee Management for Managers, Certificate Program California State University, Fullerton ( ) Applied Ethics in Police Management State Commission on Peace Officer Standards and Training (1998) Supervisory Leadership Institute State Commission on Peace Officer Standards and Training (1996) Drug Recognition Expert Instructor Course Los Angeles Police Department (1993) Problem-Oriented Policing Supervisors Course Police Executive Research Forum (1995) F.B.I. Physical Fitness Instructor Course Federal Bureau of Investigation (1992) Basic Supervisory Course State Commission on Peace Officer Standards and Training (1992) Delinquency Control Institute University of Southern California (1990) CERTIFICATES Certifications Basic, Intermediate, Advanced and Supervisory State Commission on Peace Officer Standards and Training

19 PUBLICATIONS Developing Officer Leadership Skills for Successful Problem Solving, publication pending Broken Windows Theory Revisited, publication pending. Criminal Profiling is not Racial Profiling, publication pending. Implementing Problem-Solving Policing: A Supervisory Perspective, COPPS: Now and Beyond, California Attorney General s Office, July Redefining Training, Criminal Justice Digest: Volume 2 No. 10, May, Redefining Training, Community Policing Exchange: March/April, Implementing Problem-Solving Policing, A Supervisory Perspective, The Journal of California Law Enforcement: Volume 29 No. 4, The Limitations of Participative Management in Law Enforcement, The Journal of California Law Enforcement: Volume 29 No. 4, 1995 How Police Managers Contribute to Successful Problem Solving, Problem Solving Quarterly: Winter, A Supervisory Perspective on Community Policing, Community Policing Exchange: July/August, How to Ace the Sergeant s Exam When You Are the Underdog, The California Peace Officer. December, How to Ace the Sergeant s Exam Even If You Are the Underdog, Peace Officer s Research Association of California, Law Enforcement News: March, 1994.

20

21 The Police Function Author: Arthur D. Wiechmann University Readers is a different kind of publisher; if you decide to adopt, you can order through your customary channels, or directly from us. The advantages of ordering directly from University Readers include 24/7 online ordering, fast turnaround, free 20% digital download upon purchase, order through your regular channels, drop ship to your department, bookstore, or school, no out-of-stocks, & no price markups! For additional details, please contact Becky Smith at ext. 18 or via at bsmith@universityreaders.com. You can also view more information online at