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This text explores different policing styles, including watchman, legalistic, and service styles, as well as the police subculture and the issue of police corruption. It also discusses various search and seizure procedures, including warrantless searches and special needs searches.
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Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr. Abu-Lughod, Reem Ali Enforcing The Law
Intro: • Police Discretion (pros and cons) • Kenneth Culp Davis Police Discretion: positive because they use common sense, example • Problems with racial biases, racial profiling • Losing faith in police • POLICING STYLES: • Interx with public • Different orgs • Diversity, community • Different crime categories
JAMES Q. WILSON in Varieties of Police Behavior identifies 3 styles of policing: 1) Watchman Style: a) to maintain order (discretion, verbal warnings) and b) law enforcement (law violators) Primarily working out disputes between citizens informally 2) Legalistic Style: little discretion required, enforcing law, focus on crime committed, extralegal factors less influential 3) Service Style: serve community and citizens, goal not to arrest…..diversion programs, warnings, increase use of discretionary powers but evaluated and acts may be altered NOTE: OTHER STYLES OR COMBINATION OF STYLES MAY BE PRESENT
POLICE SUBCULTURE AND POLICE CORRUPTION • Style adopted also depends on personality of police officers and their interactions • Police may feel isolated because of the nature of work they engage in • Jerome Skolnick coined that as the “policeman’s working personality” • It’s their sub\culture and values, etc… 1) The Symbolic Assailant • The individual is an assailant until they can prove that they are not a threat to soc • Always on guard to identify people’s behavior (clothes, language, etc...)
2) Danger: • The nature of work can be dangerous • May be victims 3) Social Isolation: • Citizens treat officers differently? • Limit social interactions 4) Solidarity: • Combinations of danger and isolation • “us against them” mentality • Police protect people but people do not participate in fighting crime
POLICE CORRUPTION • Knapp Commission • 1972 issued on police corruption in NYC • Meat eaters and grass eaters? • Manning & Redlinger introduce 7 different ways in which police corruption can take place: • 1) bribes 2) using drugs 3) buying & selling narcotics • 4) arrogation of seized property 5) illegal searches & seizures (claim probably cause: flaking, dropsey, padding) 6) protection of informants 7) violence
Search: • Police trained in procedural law to make judgment between reasonable and unreasonable searches • 1) Trespass doctrine: physical intrusions into a constitutionally protected area (persons, houses, papers, etc…)4th Amendment • 2) Privacy Doctrine: replaced trespass that people NOT places are protected from government intrusion. Police have more latitude to deal with people on streets where privacy is not expected • 3) Plain view Doctrine: for it to be lawful and not contradict 4th Amendment, 3 factors must result: 1) officers lawfully present when and where evidence discovered, 2) detection occurs without advanced technology, 3) detection is not planned
4) Open fields doctrine • 5) Public places • 6) Abandoned property WARRANTS: very complex, must have warrant by judge What about warrantless searches: 1) Searches incident to arrest: grabbable area
2) Consent searches: with suspect’s permission • 3) Exigent circumstances or emergency searches: after a chase • 4) Vehicle searches • SPECIAL NEEDS SEARCHES: inventory, students, airport searches, probationers
STOP (seizure) & FRISK (search) • To stop suspects: 1) physical restraint, 2) show badge • Arrests: taking someone into custody • Arresting someone at home: • 1) crime is a felony, 2) knock and announce • 3) arrest in daylight, 4) probable cause