1. Chapter 7 Policing America: Issues and Ethics

2. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-2 Chapter Objectives After completing this chapter, you should be able to do the following:  Describe the general attitude of the public toward the police.  Summarize the steps in an effective police officer selection process.  Identify factors that affect the exercise of police discretion and methods of limiting discretion.  Describe two general ways that law enforcement agencies can reduce stress on the job.

3. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-3 Chapter Objectives  Explain the circumstances under which police officers may be justified in using deadly force.  List some of the ways to control and reduce police corruption.

4. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-4 The Police and the Public  To carry out the duties of law enforcement, order maintenance, service, and information gathering successfully, the police must have the trust and cooperation of the public.  The manner in which they carry out those functions determines the community’s respect for and trust in the police.

5. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-5 Public Attitudes Toward the Police  What do people think of the police?  It depends on:  What you ask  Whom you ask  People’s prior experience

6. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-6 Public Attitudes Toward the Police  Overall, in 2011, 56% of the public had “a great deal” or “quite a lot” of confidence in the police.

7. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-7 Public Attitudes Toward the Police  When asked to rate the honesty and ethical standards of the police in 2011, 54% of the public rated the police “very high” or “high” on this measure.

8. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-8 Public Attitudes Toward the Police  Data clearly show that the public as a whole has more respect for the police and their honesty and ethical standards than it does for a variety of other occupations.  Yet, the level of respect and confidence is not particularly high, nor is it uniform across races and ethnicities.  Although most of the public believes that the police do a pretty good job, it also believes there is much room for improvement.

9. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-9 Police Recruitment and Selection  Police departments should hire the type of officers the community wants, but deciding what the community wants is a difficult task involving different people with different opinions.  Selection decisions have momentous long-term implications for a police department.

10. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-10 Qualities of a Successful Police Officer  Robert B. Mills, a pioneer in the psychological testing of police officers, believes that police applicants should possess the following psychological qualities:  Motivation for a police career  Normal self-assertiveness  Emotional stability under stress  Sensitivity toward minority groups and social deviates  Collaborative leadership skills  A mature relationship with social authority  Flexibility  Integrity and honesty  An active and outgoing nature

11. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-11 Qualities of a Successful Police Officer  Particularly important qualities are known as the three I’s of police selection.  The three I’s of police selection:  Intelligence  Integrity  Interaction skills  Nearly as important are common sense and compassion.

12. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-12 The Police Recruitment Process  The police officer selection process is usually very elaborate.  Police departments are often guided by civil service regulations developed to ensure equal opportunity for all.

13. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-13 Recruitment  The kind of people many departments need to attract often do not naturally gravitate to police work.  The major goal of recruiting is to cast police work as an attractive and sustaining career, even to those who might initially be turned off by it.

14. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-14 Affirmative Action  Police departments continue to struggle to find the best-qualified applicants while achieving satisfactory race and gender representation within the department.  Affirmative action programs have been relatively successful in increasing the percentage of racial minorities in policing, but they have been less successful in increasing the percentage of women.  Affirmative action programs are now being legally challenged.

15. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-15 Education  The average level of education in policing today is nearly two years of college.  College-educated police officers perform better on the job than less educated officers.

16. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-16 Education  The advantages of hiring college-educated officers are the following:  Better written reports  Enhanced communication with the public  More effective job performance  Fewer citizen complaints  Wiser use of discretion  Heightened sensitivity to racial and ethnic issues  Fewer disciplinary actions

17. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-17

18. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-18 Successful Recruiting Practices  Successful recruiting practices include:  Going to colleges, neighborhood centers, and schools in minority communities  Using television, radio, and newspaper advertisements  Working with local employment agencies  Demystifying the nature of police work and the selection process  Shortening the time from application to final selection

19. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-19 Other Promising Recruitment Strategies  The employment of 18-year-olds as public safety officers  Police cadet programs  High school technical preparation programs

20. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-20 Public Safety Officers and Police Cadet Programs  Public safety officers: police department employees who perform many police services but do not have arrest powers  Police cadet program: a program that combines a college education with agency work experience and academy training

21. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-21 Technical Preparation  Tech prep: a program in which area community colleges and high schools team up to offer 6 to 9 hours of college law enforcement courses in the eleventh and twelfth grades, as well as one or two training certifications, such as police dispatcher or local corrections officer  Students who graduate are eligible for police employment at age 18.

22. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-22 The Police Selection Process  In many communities, selection of police officers is through a merit system.  Officers employed under such a system are hired and tenured (theoretically) if they meet and maintain the employment qualifications and performance standards.  They cannot be fired without cause.

23. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-23 Merit System  Merit system: a system of employment whereby an independent civil service commission, in cooperation with the city personnel section and the police department, sets employment qualifications, performance standards, and discipline procedures

24. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-24 The Police Selection Process  The police officer selection process often includes:  Short application  Detailed application, including work history, references, and medical profile  Medical examination  Physical ability test  Written examination  Background investigation  Psychological testing  Oral interview

25. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-25 The Police Selection Process  The final steps of selection are:  Academy training  Probation, usually between six months and one year, which includes formal field training

26. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-26

27. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-27

28. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-28

29. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-29 The Selection of a Law Enforcement Executive  The selection of a chief executive of a police agency is a crucial decision.  The selection process often involves:  Decision by a selection committee  An executive search firm  Several visits to the city  Written exams  Interviews  Assessment center testing

30. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-30 Issues in Policing  Many areas of policing remain topics of debate, particularly:  Discretion  Stress  Use of force  Police corruption  Professionalizing law enforcement

31. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-31 Discretion  No list of policies and procedures could possibly guide police officers through all the situations in which they find themselves.  Police routinely must use their own discretion.  The issue of police discretion is very controversial, particularly because some officers abuse their discretion.  Discretion: the exercise of individual judgment, instead of formal rules, in making decisions

32. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-32 Patrol Officer Discretion  Patrol officers routinely use their discretion in deciding:  Where to patrol when not answering radio calls  Whom to stop and question  Which traffic violators to chase  Whether to ignore a minor violation in pursuit of something more serious

33. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-33 Patrol Officer Discretion  Patrol officers cannot provide full enforcement. Instead, police officers usually practice selective enforcement.  Full enforcement: a practice in which the police make an arrest for every violation of law that comes to their attention  Selective enforcement: the practice of relying on the judgment of the police leadership and rank-and-file officers to decide which laws to enforce

34. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-34 Factors Affecting Discretion  A number of significant factors affect discretion:  The nature of the crime  Departmental policies  The relationship between the victim and the offender  The amount of evidence available  The preference of the victim  The demeanor of the suspect  The legitimacy of the victim  The socioeconomic status of the complainant

35. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-35 Discretion and Domestic Violence  The police do not relish the task of responding to domestic violence for several reasons:  The calls are dangerous.  It is a tense and often hostile experience.  The police oftentimes conduct an investigation and the victim later drops the charges.  An arrest may further harm the family and exacerbate the family crisis.

36. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-36 Discretion and Domestic Violence  Today, police are required to intervene if crimes are committed, by doing one of the following:  Mediating the dispute  Separating the domestic partners  Arresting the perpetrator  Which tactic is appropriate is often decided by the officer.

37. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-37 Discretion and Racial Profiling  Racial profiling is of growing concern to law enforcement officials and to the public.  Often stops are “justified” by minor equipment or moving traffic violations that might otherwise be ignored.  At the root of the practice is racial profiling: the stopping and/or detaining of individuals by law enforcement officers based solely on race.

38. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-38 Discretion and Racial Profiling  Methods aimed at stopping racial profiling include:  Racial and cultural diversity training  Strong discipline for errant officers  Videotaping of all traffic stops  Collecting data on the race of stopped motorists and pedestrians and the disposition of the encounter  Having police officers distribute business cards to all motorists and pedestrians they stop

39. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-39 Factors Limiting Discretion  Several methods are employed to control the amount of discretion exercised by police officers:  Close supervision  Policies covering behavior in certain situations, such as the use of force  The threat of civil liability lawsuits

40. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-40 Job Stress  Given the nature of police work, no one is surprised to discover that law enforcement officers experience job stress.  Job stress is defined as the harmful physical and emotional outcomes that occur when the requirements of a job do not match the worker’s capabilities, resources, or needs.

41. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-41 Sources and Effects of Stress Sources of stress  Design of tasks  Management style  Interpersonal relationships  Work roles Symptoms of stress  Frequent headaches  Difficulty in concentrating  Short temper  Upset stomach  Job dissatisfaction  Abuse of alcohol and drugs  Low morale

42. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-42 Copicide  A phenomenon that affects some police officers is copicide, or “suicide-by-cop.”  Copicide is a form of suicide in which a person gets fatally shot after intentionally provoking police officers.  A study of police shootings in Los Angeles found that 10% of the deaths of citizens could be attributed to copicide.  A more recent study of North American officer-involved shootings pegs the incidence of suicide-by-cop at 36%.

43. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-43 Stress Management and Reduction  Stress can be managed and reduced through:  Discussing stressful events with colleagues and mental health professionals  Regular exercise  Relaxation techniques  A healthy diet, without caffeine or nicotine  Enriched family support  Religious support; and prayer and meditation  Stress management classes  Organizational changes that give officers more control over their work environment

44. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-44 Use of Force  A precise definition of brutality is not possible, but for many people, brutality includes not only excessive physical force, but also:  Verbal abuse  Profanity  Harassment  Threats of force  Unnecessary stopping, questioning, and searching of citizens

45. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-45

46. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-46

47. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-47 Excessive Force  Police use force in order to control suspects who resist arrest and may be armed.  The disrespect and physical resistance in these encounters have caused police to sometimes use excessive force, which is a measure of coercion beyond that necessary to control participants in a conflict.

48. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-48 Excessive Force  The persistent use of excessive force by the police:  Is unethical, civilly wrong, and criminally illegal  Exposes the police to criminal and civil prosecution  Builds up resentment by citizens against police  Costs law enforcement agencies millions of dollars in legal damages

49. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-49 Deadly Force  In 1985, the U.S. Supreme Court in the case of Tennessee v. Garner greatly restricted the conditions under which police can use deadly force.

50. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-50 Deadly Force  The use of deadly force is not justifiable unless:  The arrest is for a felony.  The person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he/she believes to be authorized to act as a peace officer.  The actor believes that the force employed creates no substantial risk of injury to innocent persons.

51. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-51 Deadly Force  The actor believes that:  The crime for which the arrest is made involved conduct including the use or threatened use of deadly force.  There is substantial risk that the person to be arrested will cause death or serious bodily harm if his/her apprehension is delayed.

52. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-52 Deadly Force  Even with these guidelines, the decision to use force is seldom clear-cut for police officers.  Research on the use of force, excessive force, and deadly force has not identified any specific procedures that would significantly reduce the injury to or death of police officers and the citizens they confront.

53. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-53 Police Corruption  Nothing is more distasteful to the public than a police officer or a whole department gone bad.  Throughout history, police officers have bought their positions and promotions, sold protection, and ignored violations of the law for money.

54. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-54 Police Corruption  Why is policing so susceptible to corruption?  Police have authority to enforce laws.  Police also have the discretion to not enforce the law.  Police receive relatively low pay, but have important responsibilities.  Police become cynical about the courts’ soft treatment of criminals.  Society in general is ambivalent about vice.

55. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-55 Types of Corruption  The Knapp Commission in 1972 identified two kinds of corrupt officers:  Grass eaters: officers who occasionally engage in illegal and unethical activities, such as accepting small favors, gifts, or money for ignoring violations of the law during the course of their duties  Meat eaters: officers who actively seek ways to make money illegally while on duty

56. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-56 Types of Corruption  Ellwyn Stoddard identified a more complete list of police misconduct:  Bribery: accepting cash or gifts in exchange for nonenforcement of the law  Chiseling: demanding discounts, free admission, and free food  Extortion: the threat of enforcement and arrest if a bribe is not given  Favoritism: giving breaks on law enforcement to family and friends  Mooching: accepting free food, drinks, and admission to entertainment  Perjury: lying for other officers apprehended in illegal activity

57. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-57 Types of Corruption  Prejudice: unequal enforcement of the law with respect to racial and ethnic minorities  Premeditated theft: planned burglaries and theft  Shakedown: taking items from the scene of a theft or a burglary  Shopping: taking small, inexpensive items from a crime scene

58. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-58 Controlling Corruption  Some of the ways to control and reduce corruption in policing are:  High moral standards  Police policies and discipline  Proactive internal affairs investigations unit  Uniform enforcement of the law  Outside review and special prosecutors  Court review and oversight

59. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-59 Internal Affairs Investigations Unit  The internal affairs investigations unit is the police unit that ferrets out illegal and unethical activity engaged in by the police.

60. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-60 Professionalizing Law Enforcement  Many people would argue that policing in America has already reached professional status.  Professional accreditation for police agencies is a rite of passage that is needed if law enforcement is to join the list of the most respected professions.

61. Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 7-61 Professionalizing Law Enforcement  Professionals in any field make unintentional mistakes.  A caring public should forgive most of them.  However, racist and brutal tactics like the Los Angeles police officers’ beating of Rodney King should not be tolerated.  Police officers need to treat their on-duty time as a professional performance in order to improve the public’s perception of law enforcement as a profession worthy of trust and admiration.