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Chapter 6 Issues in Policing: Professional, Social, and Legal

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1 Chapter 6 Issues in Policing: Professional, Social, and Legal

2 Learning Objectives Summarize demographic trends in policing
Explain how minority and female officers act and are treated Explain police culture and personality Identify distinct policing styles Describe factors that affect police discretion

3 Learning objectives Discuss four major problems of policing
Distinguish between deadly and non deadly force—and methods for controlling each Explain the importance of less-lethal weapons Be familiar with the Supreme Court’s involvement with the police through its effort to control search and seizure, interrogation, and the establishment of the exclusionary rule.

4 Who Are the Police? Traditionally, police officers have been while men with a high school education Now, an increasing number of police officers have attended college Affirmative action programs have helped to change the racial and gender composition to reflect the community makeup

5 Who Are the Police? Demographic Makeup:
For more than 30 years departments have recruited women and minority officers Women are now 13 percent of police personnel Minority groups are now 25 percent of police personnel Police departments are more heterogeneous, using skills (such as language skills) to gain the confidence of the community

6 Who Are the Police? Minority Police Officers: 1861 1872
First African American police officer, Washington, D.C. 1872 Chicago hired its first African American police officer By 1890 an estimated 2000 African American police officers were employed in the U.S.

7 Who Are the Police? Minority Police Officers:
Historically, African American officers were assigned to patrol African American communities Early on, racial prejudice was common within police departments, and as late as the 1950s, some white officers refused to ride with African American officers in patrol cars

8 Who Are the Police? Women in Policing:
1910: Alice Stebbins, first woman to hold title of police officers (Los Angeles) Women endured separate criteria for selection, were given menial tasks and were denied opportunity for advancement Relief of bias with 1964 Civil Rights Act

9 Who Are the Police? Women in Policing:
Research indicates that female officers are highly successful police officers Relationship strained by tensions and dilemmas associated with: Sexuality Competition for desirable assignments and promotions

10 Who Are the Police? Education Characteristics:
Today about one-third of police agencies require some type of college requirement More than three times the number than in 1990 Police departments are the benefactors of police officers with higher education

11 The Police Profession The Police Culture:
Policing has unique characteristics, which separates it from other professions So-called blue curtain – characterized by: Cynicism Clannishness Secrecy Insulation from others in society

12 The Police Profession The Police Culture:
Joining police subculture means: Having to stick up for fellow officers against outsiders Maintaining a tough, exterior personality In response to their insulated, and dangerous lifestyle, officers develop a distrust or suspicion of others’ motives and behaviors

13 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 Detective work is better than patrol

14 The Police Profession The Police Personality:
Some describe the police personality as dogmatic, authoritarian, and suspicious Cynicism is found at all levels Negative values and attitudes are believed to cause officers to be secretive and isolated

15 Policing Style Crime Fighter Social Agent Law Enforcer Watchman

16 Police Discretion Use of personal decision making and choice in carrying out operations in the criminal justice system Critical aspect of professional responsibility is the personal discretion each officer has in carrying out daily activities Discretion can involve selective enforcement of the law

17 Factors that Influence Police Discretion
Legal factors Discretion is inversely related to severity of offense Environmental factors Community expectations impact the amount of discretion expected Departmental factors Organizational policies, practices, customs, and supervision Peer factors Situational factors Demeanor and behavior of person encountered Extralegal factors the age, gender, income, or race of the person encountered

18 Problems of Policing Job Stress Fatigue Violence Corruption

19 Problems of Policing-Corruption
Categories of Corruption: Meat eaters: Aggressive misuse of police power for personal gain Grass eaters: Accepting some benefit during their everyday duties (ex: accepting gratuity)

20 Four Varieties of Corruption
Internal corruption Selective or non-enforcement Active criminality Bribery and extortion

21 Causes of Corruption No single explanation
Wide discretion by police coupled with low public visibility Unenforceable laws governing moral standards promote corruption

22 (public review boards) Strengthen Internal Administrative Review
Control of Corruption External controls (public review boards) Strengthen Internal Administrative Review

23 Use of Force National Survey:
9 out of 10 subjects who had police contact reported that officers acted properly 2% had force used or threatened during contact Black and Hispanics experienced police use of force at higher rates than whites

24 Deadly Force Refers to the actions of a police officer who shoots and kills a suspect under justifiable circumstances Factors Related to Police Shootings Exposure to violence National crime rates Community threat levels Administrative factors Lack of proper training and preparation

25 Controlling Deadly Force
Fleeing-Felon rule Tennessee v. Garner Review State-controlled firearms policies Department internal reviews

26 Use of Force Graham v. Connor:
Supreme Court case establishing the “Objective Reasonableness” standard for use of force Issues of force to be judged from the standpoint of a reasonable officer at the time the force was used

27 Use of Force

28 Less Lethal Weapons Wide Variety of Weapons
Close distance Mid range distance Other Technologies New weapons being developed in the field Nonlethal weapons may help reduce police use of force

29 Police and the Rule of Law
In the courses of police duties the Rule of Law applies to the: Investigation Search, seize and gathering of evidence Interviews and interrogations conducted Suspect’s arrest Case presentation to the prosecutor’s office with sufficient evidence to convict

30 Police and the Rule of Law
Interrogations and Confessions: Fifth Amendment of the U.S. Constitution The Miranda Warning: 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 Improperly gathered confessions and statements are generally inadmissible

31 Police and the Rule of Law
Search and Seizure: Manner in which police seize evidence governed by search-and-seizure requirements of the Fourth Amendment of the U.S. Constitution Search warrant: A court order authorizing and directing the police to search a designated place for evidence of a crime

32 Discussion Questions Why are search warrants required?
What information is required for a search warrant? What exceptions are there to the search warrant requirement?

33 Warrants

34 Police and the Rule of Law
Warrantless Searches: Under certain circumstances a valid search may be conducted without a search warrant

35 Six Valid Warrantless Searches
Search incident to a valid arrest Stop and frisk Automobile search Consent Search Plain view search Exigent circumstances

36 Police and the Rule of Law
The Exclusionary Rule: Weeks v. United States, 1914 All evidence obtained by unreasonable searches and seizures, coerced confessions or other violations of Constitutional rights is inadmissible in criminal trials Supreme Court decision created guidelines that control misconduct by police officers

37 Police and the Rule of Law
The Exclusionary Rule: Mapp v. Ohio, 1961 Exclusionary rule applicable to states The “good faith exception” (to the exclusionary rule): Evidence is admissible in court if the police officers acted in good faith by first obtaining court approval for their search even if the warrant they received was deficient or faulty


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