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The Police And Law Enforcement. Police. The police are gatekeepers of the CJ process. What does that mean?. Police. The police are gatekeepers of the CJ process. What does that mean? First contact Decide whether to arrest or handle informally Possible long term, serious consequences

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police
Police
  • The police are gatekeepers of the CJ process.
  • What does that mean?
police3
Police
  • The police are gatekeepers of the CJ process.
  • What does that mean?
    • First contact
    • Decide whether to arrest or handle informally
    • Possible long term, serious consequences
      • Like what?
police4
Police
  • Historical Background
    • Primary Functions
      • Enforcement arm of reigning political power
      • Protect private privacy
      • Control increasing number of immigrants
police5
Police
  • Historical Background
    • The Twentieth Century
      • Period of Reform
      • Professionalism
      • Police Agency Reorganization
        • Recruiting, Training, Discipline
        • Centralization, Bureaucracy, Technology
        • Large Increase in Number of Officers
police6
Police
  • Modern Policing (1960 – Present)
    • 1960’s
      • Supreme Court limits police operations, procedures
    • 1970’s
      • Women and minorities recruited, Affirmative Action
    • 1980’s
      • Community Policing Concept
    • 1990’s
      • Efforts to cooperate with communities, problem solve
police7
Police
  • Law Enforcement Categories
    • Federal
    • State
    • County
    • Local
police8
Police
  • Law Enforcement Cost
    • Average police officer cost $62,000 annually
    • 40% more in large jurisdictions
    • You want value for the dollar spent.
    • You expect professional service—with a smile.
police9
Police
  • How tough is the police officer job?
    • Enforce laws in toughest areas in America
    • Criticized when tactics allegedly too tough
  • Should police receive a better break?
police10
Police
  • Romantic Perception of Police Work
    • Fearless crime fighter
    • Selfless
    • Daily Shootouts
    • Good guy wins
police11
Police
  • Realities of Police Work
    • Dangerous
    • Stressful
    • Tedious
    • Feels Unappreciated and Misunderstood
    • Career Concerns
    • Family Problems
police12
Police
  • Realities of Police Work
    • Social work and admin take 50% of time
    • 1/3 of officers do not perform line officer duties
    • Average 2 arrests monthly, 1 serious quarterly
    • Do police deserve $62,000 annual av. Salary?
police13
Police
  • Realities of Police Work
    • Huge Responsibility
      • Split Second Decisions
      • Sensitivity to Citizen Needs
police14
Police
  • Police Effectiveness
    • How good are police apprehension rates?
      • Poor
      • Report of crime in progress, 33% arrest rate
      • Crime report 1 minute later, 10% arrest rate
      • 15 minute elapsed time, 5% arrest rate
    • Are police effective at deterring crime?
      • Patrol does not seem to deter crime.
police15
Police
  • Traditional Police Roles
    • Patrol
      • Selective Enforcement
      • Community Problem Solver
    • Investigation
      • Undercover
      • Sting
      • Vice
police16
Police
  • Police Wants
    • To Be Proactive Crime Fighter
      • Initiate actions against criminals
  • Community Wants
    • Make Community Safe (Is this realistic?)
    • Perform Dangerous and Distasteful Duties
    • Crack Down on Lawbreakers (Except them)
police17
Police
  • Police vs Community Wants
    • Public Often Resents Police
      • Resents their power to use force
      • Resents their power to arrest
      • Resents their ability to deny individual vices
    • Result: Role Conflict
      • Some police feel ambivalent about the public
      • Some police are tempted to take “gain” themselves
police18
Police
  • Changing Police Roles
    • Community Policing
      • Strategy emphasizing fear reduction, community organization, and order maintenance rather than crime fighting
    • Problem Oriented Policing
      • Style of police management emphasizing proactive problem solving rather than reactive crime fighting
issues in policing
Issues In Policing
  • What is the Blue Curtain?
issues in policing20
Issues In Policing
  • What is the Blue Curtain?
    • Secretive, insulated, police culture that isolates officers from the rest of society.
  • Might you expect this to result in problems?
    • Use of discretion?
    • Unintentional bias?
issues in policing21
Issues In Policing
  • Police Culture Core Beliefs
    • Police are the only real crime fighters.
    • No one else understands the nature of police work
    • Loyalty to colleagues counts above all else.
    • Beating crime requires bending the rules.
    • The public is unsupportive and too demanding.
    • Patrol work is boring.
issues in policing22
Issues In Policing
  • Police Groupies
    • Attracted to macho guys
    • Share some or all of police culture core values
    • Enjoy power displays, dominance games
    • Leather and restraints are turn ons
issues in policing23
Issues In Policing
  • Police Personality
    • Often distinct from that of the average citizen
      • Dogmatic
      • Authoritarian
      • Suspicious
      • Racist
      • Hostile
      • Insecure
      • Conservative
      • Cynical
issues in policing24
Issues In Policing
  • Police Personality
    • Results of these attitudes and value
      • Secretive
      • Somewhat Isolated From Society
      • The Blue Curtain
issues in policing25
Issues In Policing
  • Reasons For Police Working Personality
    • Constant chance of danger
    • Need to use force and authority for control
  • Vicious Cycle
    • Cynicism results in need to exert authority
    • Authoritarian actions cause citizen fear, distrust
    • Citizen attitudes contribute to “police paranoia”
    • Cynicism deepens, hard to change, job ineffectiveness
issues in policing26
Issues In Policing
  • Police Discretion
    • Is this a problem based on what we discussed?
    • Factors Affecting Discretion
issues in policing27
Issues In Policing
  • Police Discretion
    • Is this a problem based on what we discussed?
    • Factors Affecting Discretion
      • Legal Issues
      • Alternatives (TX, etc)
      • Victim Offender Relationship
      • Attitude
      • Peer Pressure
      • Race
issues in policing28
Issues In Policing
  • Are College Educated Officers Better?
    • Better
      • Communication, esp. with minorities
      • More innovative
      • Act more professionally
      • Less likely to be disciplinary problems
      • More likely to be promoted
      • Fewer citizen complaints
issues in policing29
Issues In Policing
  • Are College Educated Officers More Effective Crime Fighters?
    • Not
issues in policing30
Issues In Policing
  • Women and Racial Minorities
    • Would more women and racial minority group members improve police effectiveness?
      • Female officers more sympathetic to victims
      • Female officers more likely to offer TX
issues in policing31
Issues In Policing
  • Women and Racial Minorities
    • Should female officers be allowed unrestricted duty and equal promotions?
      • Female officers less likely to use firearms
      • More emotionally stable
      • Less likely to injure a citizen
      • More likely to suffer injuries
issues in policing32
Issues In Policing
  • Realities For Female Police Officers
    • Still striving for broad, full acceptance
    • Report sexual harassment is common
    • Report other discrimination on the job
      • For failure to buy into established subculture
    • Discrimination worse for racial minority females
issues in policing33
Issues In Policing
  • The Threat of Civil Litigation
    • Caused police to make some rapid changes
      • Alleged use of excessive force
      • Sexual misconduct
      • Etc.
issues in policing34
Issues In Policing
  • The Threat of Civil Litigation
    • Monnell vs Department of Social Services (1978)
      • Landmark Case
      • Local agencies can be liable for their employee’s actions if the actions are part of official custom or practice
      • Liable under Federal Civil Rights Act
        • Title 42 USC, Section 1983
        • Referred to as Section 1983 cases
issues in policing35
Issues In Policing
  • How should we determine appropriateness of police actions? Example: Use of Force
issues in policing36
Issues In Policing
  • How should we determine appropriateness of police actions?
    • Graham vs Conner – Use of Force Case
    • Reasonableness Test
      • Would a person of similar training and experience do the same thing in in the same of similar situation?
issues in policing37
Issues In Policing
  • Police Corruption
    • Are most police officers honest?
    • Some things are always wrong
      • Accept money to “look the other way”
      • Solicit money in exchange for services
      • Taking minor items for personal use at crime scene
    • Are some things “benefits of the job” or are they wrong?
      • Accepting free coffee?
      • Show badge, expect 50% discount on lunch
      • Free admission to concerts
break
Break
  • Read assignments.
  • Participate in class discussions.
  • Review notes weekly.
police and the law
Police and The Law
  • Should privacy rights be secondary to public safety?
  • Should the Fourth Amendment be a check on police power?
police and the law40
Police and The Law
  • Primary Investigation Techniques
    • Stopping and Questioning People
    • Interrogating Suspects
  • Are controlled by the law.
    • Statutes
    • Constitutional Case Law
police and the law41
Police and The Law
  • Search and Seizure
    • Search or seizure without warrant is unlawful
    • No warrant to be issued without probable cause
    • Probable Cause
      • Reasonable belief that an offense has or is being committed
    • Reasonable Belief
      • Sworn police statement the request is based on trustworthy information
police and the law42
Police and The Law
  • No Knock Search Warrant
    • Must be justified on a case by case basis
police and the law43
Police and The Law
  • Warrantless Searches
    • Search following lawful arrest
    • Field interrogations
    • Others
      • Auto Searches
      • Consent Searches
      • Drug Courier Profiles
      • Plain View
      • Law of Electronic Surveillance
police and the law44
Police and The Law
  • Warrantless Searches
    • Search Following Lawful Arrest
      • Limited to area where person can reach for a weapon or destroy evidence
police and the law45
Police and The Law
  • Warrantless Searches
    • Field Interrogation
    • AKA: Threshold Inquiry and Stop-and-Frisk
      • May be done when suspect BTB armed & dangerous
      • Includes plain view and plain feel
police and the law46
Police and The Law
  • Warrantless Searches
    • Automobile Searches
      • If probable cause exists to believe auto contains criminal evidence, police may search:
        • The vehicle
        • Closed containers in the vehicle
police and the law47
Police and The Law
  • Warrantless Searches
    • Roadblock Searches
      • Permissible provided:
      • Cars must be stopped systematically
      • In a uniform manner
      • Someone other than officer at the scene determines procedure
police and the law48
Police and The Law
  • Warrantless Searches
    • Consent Searches
      • Consent must be voluntary
      • Consent waives Fourth Amendment rights
police and the law49
Police and The Law
  • Warrantless Searches
    • Plain View
      • Includes vehicle interior and curtilage
        • Includes aerial surveillance
police and the law50
Police and The Law
  • Electronic Surveillance
    • Principle: Reasonable expectation of privacy
    • Search Warrant Required
      • Telephone wire taps
      • Electronic mail
      • Other computer data transmissions
      • Thermal imaging
police and the law51
Police and The Law
  • Arrest
    • Can private citizens arrest?
      • Yes
      • When crime committed in their presence
police and the law52
Police and The Law
  • Arrest:
    • When does an arrest occur?
      • Police believe crime committed & intend to restrain
      • Officer deprives liberty
      • Suspect believes he is in custody & cannot leave
police and the law53
Police and The Law
  • Custodial Interrogations
    • Fifth Amendment Right of freedom from self incrimination
    • Miranda vs Arizona (1966)
      • Right to remain silent
      • Statements can and will be used in court
      • Right to have attorney present
      • If cannot afford attorney, will appoint one
police and the law54
Police and The Law
  • The Exclusionary Rule
    • Principle that prohibits using illegally obtained evidence in a trial
    • Example: Use of illegally obtained confession
police and the law55
Police and The Law
  • The Exclusionary Rule
    • Good Faith Exception
      • Evidence gained by faulty search warrant admissible
police and the law56
Police and The Law
  • The Exclusionary Rule
    • Purpose
      • Control illegal police practices
break57
Break
  • Read assignments.
  • Participate in class discussions.
  • Review notes weekly.