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Public Policy and Practice in Criminal Justice

Public Policy and Practice in Criminal Justice. Policy in Policing. Historical Development. Prior to the 1960s most civil actions against police agencies were usually limited to claims of negligence

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Public Policy and Practice in Criminal Justice

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  1. Public Policy and Practice in Criminal Justice Policy in Policing Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  2. Historical Development • Prior to the 1960s most civil actions against police agencies were usually limited to claims of negligence • Under Title 42 U.S. Code Section 1983, the federal civil rights civil statute, individuals may file lawsuits against an officer, a police department, or a jurisdiction. Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  3. Historical Development • Monel v. New York City Department of Social Services “the policy of a municipality, as a moving force behind a plaintiffs injury, could result in municipal liability” (Alpert & Smith, P. 177). Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  4. Historical Development • Deliberate Indifference “the conscious or reckless disregard of the consequences of one's acts or omissions.” • City of Canton, Ohio v. Harris • Official Capacity Actions • Hafer v. Melo Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  5. Policy and Procedure • Policy – Guiding Principles Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  6. In Policy Events Policy – guiding principles Event Event Event Event Event Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  7. Policy – guiding principles Out of Policy Event Event Event Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  8. Procedure • A specific Method of Perform a task Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  9. Use of Force Policy • The U.S. Commission on Civil Rights has stated that "…in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force." Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  10. Use of Force Policy • The International Association of Chiefs of Police(IACP) in its study, Police Use of Force in America 2001, defined use of force as "The amount of effort required by police to compel compliance by an unwilling subject." Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  11. Use of Force Policy • the legal test of excessive force…is whether the police officerreasonably believed that such force was necessary to accomplish a legitimate police purpose…“ • a 1999 BJS report, estimated that less than half of 1 percent of an estimated 44 million people who had face-to-face contact with a police officer were threatened with or actually experienced force. Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  12. Police department policies can have a significant impact on how force is used in street-level encounters, What Components should a good policy have? Use of Force Policy Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  13. Use of Force Policy • Purpose • Policy (statement of philosophy) • Definitions • Procedures • Parameters of use of deadly force • Parameters of use of less-lethal force • Training and qualifications • Reporting • Administrative review Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  14. Pursuit Policy • Vehicular Pursuit: An active attempt by an officer in an authorized emergency vehicle to apprehend a fleeing suspect who is actively attempting to elude the police, IACP Best Practices • What Components of a good Policy? Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  15. Elements of Model Policies • Workable • Adaptable to training • Written in a positive manner • Incorporate relevant law • Pre-tested to assure understand • Training • Examples Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

  16. Public Policy and Practice in Criminal Justice For more information on Public Safety Technology Visit www.police-technology.net Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster

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