Chapter 7 Issues in Policing: Professional, Social and Legal

1. Chapter 7Issues in Policing: Professional, Social and Legal

2. Who Are the Police? • Demographics • In most early departments officers were white males • For past 30 years departments have made concerted effort to attract women and minority officers • From 1987 to 2000 minority representation increased on local police departments from 14.5% to 22.7% • In sheriff’s offices minorities increased from 13.4% to 17.1% • Women now comprise more than 10% of police personnel

3. Who Are the Police? (cont.) • Minorities in Policing • First African American police officer hired in Washington, D.C. in 1861 • Earliest minorities experienced discrimination by other officers • As number of minority officers increased, issue of discrimination have become more muted. • Minority officers subject to “double marginality”

4. Who Are the Police? (cont.) • Women in Policing • Los Angeles Police appointed first woman police officer in 1910 • 1964, Civil Rights Act • Today 10% of all officers are female • still experience difficulties and struggle for acceptance • Report higher levels of job stress than males • Research supports females are highly successful in policing

5. Who Are the Police? (cont.) • Minority Women • Account for less than 5% of police officers • Report discrimination by all other officers on the force, including African American male officers • One study found little unity among female officers in general

6. Who Are the Police? • Police Education • Most agencies still do not require college degree • Percent of departments requiring some college has risen from 19% to 37% • 82% of departments recognize college education is an important element in promotion decisions

7. Who Are the Police? • Benefits of higher education • Improved communication skills • Better writing skills • Fewer citizen complaints • Less disciplinary problems • Little evidence that education makes for more effective crime fighters

8. The Police Profession • The Police Culture • Experience of becoming a police officer and the nature of the job cause most officers to band together in a subculture characterized by cynicism. • Subculture contributes to creation of the “blue curtain” effect where officers isolate themselves from others in society.

9. The Police Profession (cont.) • Core beliefs of the police subculture: • Police are the only real crime fighters. • No one else understands the real nature of police work. • Loyalty to colleagues counts above everything else • It is impossible to win the war on crime without bending the rules • Members of the public are basically unsupportive and unreasonably demanding • Patrol work is the “pits” – detective work is glamorous and exciting.

10. The Police Profession (cont.) • The Police Personality • The role of recruitment, selection, training, and the job have all been examined as potential causes. • Research is inconclusive as to how the “police personality” is developed or if one even exists. • Some research indicates police are cynical, dogmatic, authoritarian, and suspicious. • Other research indicates they are more psychologically healthy than the general population, less depressed, and more social.

11. The Police Profession (cont.) • Policing Style • Crime fighter • Social agent • Law enforcer • Watchman

12. Police Discretion • Low-visibility decision making • Legal Factors • Police discretion inversely related to severity of offense • Environmental Factors • Community expectations effect the amount of discretion officers are expected to exercise • Officers who live in the community are more likely to adhere to community expectations than those who do not.

13. Police Discretion (cont.) • Departmental Factors • Policies, practices, customs, and supervision • Peer pressure • Situational Factors • Immediate interaction with offender, citizen, or victim • Demeanor of offender • How the call was received • Nature of the offense

14. Police Discretion (cont.) • Extralegal Factors • Age • Gender • Income • Race • Racial profiling

15. Problems of Policing • Job Stress • Complexity of the police role • Need to exercise discretion • Stress linked to marital disputes and domestic violence • Stress can lead to alcoholism, depression, even suicide

16. Problems of Policing (cont.) • Causes of stress • 24-hour duty • Risk of death • internal conflict with administrative policies • Conflict over utility of community oriented policing • personal lives • poor training and substandard equipment • inadequate pay – lack of opportunity • job dissatisfaction

17. Problems of Policing (cont.) • Four categories of stressors • External stressors • Organizational stressors • Duty stressors • Individual stressors • Combating stress • Relaxation meditation • Biofeedback therapy • Stress management • Involving family members in the process

18. Problems of Policing (cont.) • Police and Violence • Out of 45 million contacts only 1.5% involved use or threatened use of force. • Minorities more likely than whites to experience • Young people (16-29) 3 times more likely to experience • Most common use of force is physical restraint, pushing, or grabbing. • Cities with large African American populations experience the highest amount of lethal violence.

19. Problems of Policing (cont.) • Problem Officers • A small proportion of officers are continually involved in use-of-force incidents • Research shows a few officers are responsible for a significant portion of all citizen complaints • Tend to be young and less experienced

20. Problems of Policing (cont.) • Curbing Violence • Specialized training programs • Use of early warning systems • Administrative policies to limit the use of force • Use of integrity testing programs • Threat of civil judgments against officers and supervisors • Use of non-lethal weapons

21. Problems of Policing (cont.) • Factors related to police shooting • Exposure to violence • National crime rates • Community threat levels • Administrative policies • Racial discrimination

22. Problems of Policing (cont.) • Controlling deadly force • Fleeing felon rule • Tennessee v. Garner • State laws • Department internal reviews • Police as Victims • 50 officers are murdered each year in the line of duty. • 80 die in job related accidents

23. Problems of Policing (cont.) • Corruption • Knap Commission • Meat eaters and grass eaters • Mollen Commission • Sherman’s Typology • “Rotten apples” and “rotten pockets” • pervasive unorganized corruption • pervasive organized corruption

24. Problems of Policing (cont.) • Categories of Corruption • Internal corruption • Selective enforcement or non-enforcement • Active criminality • Bribery and extortion • Use of Civilian Review Boards

25. Legal Control of Policing • Custodial Interrogation • Fifth Amendment • Miranda v. Arizona, 1966 • Right to remain silent • Any statements may be used in court of law • Right to consult with an attorney and have present during interrogation • If a person cannot afford an attorney, one will be appointed for them • Improper statements are generally inadmissible.

26. Legal Control of Policing (cont.) • The Miranda Rule Today • Case law has been used to define boundaries of Miranda and to create exceptions to its requirements. • Inevitable discovery • Public safety doctrine

27. Legal Control of Policing (cont.) • Fourth Amendment: Search and Seizure • All searches and seizures require probable cause. • As a general rule searches or seizures conducted without a warrant are invalid. • Warrants must be obtained from the court and be supported by an affidavit that establishes probable cause, identify the place to be searched and property to be seized..

28. Legal Control of Policing (cont.) • Warrantless searches • Incident to valid arrest • Stop and frisk • Automobile search • Consent search • Plain view • Seizure of nonphysical evidence

29. Legal Control of Policing (cont.) • The Exclusionary Rule • All evidence obtained by unreasonable searches and seizures is inadmissible in criminal trials • Under the “good faith exception” evidence is admissible if the police acted in good faith on a warrant, even if the warrant is invalid.

30. Legal Control of Policing (cont.) • Critics argue exclusionary rule allows guilty to go free. • Research shows less than 1% of cases are dismissed because of the rule. • Alternatives to Exclusionary Rule • Criminal prosecution of officer who violate constitutional rights • Internal police control • Civil lawsuits against state or municipal officers • Federal lawsuits against the government • Contingent exclusionary rule