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Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Public Policy and Practice in Criminal Justice Criminal JusticeCriminal Justice Policy.

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Presentation on theme: "Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Public Policy and Practice in Criminal Justice Criminal JusticeCriminal Justice Policy."— Presentation transcript:

1 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Public Policy and Practice in Criminal Justice Criminal JusticeCriminal Justice Policy in Policing

2 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Historical Development Prior to the 1960s most civil actions against police agencies were usually limited to claims of negligence Prior to the 1960s most civil actions against police agencies were usually limited to claims of negligencepolice Under Title 42 U.S. Code Section 1983, the federal civil rights civil statute, individuals may file lawsuits against an officer, a police department, or a jurisdiction. Under Title 42 U.S. Code Section 1983, the federal civil rights civil statute, individuals may file lawsuits against an officer, a police department, or a jurisdiction.police

3 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Historical Development Monel v. New York City Department of Social Services “the policy of a municipality, as a moving force behind a plaintiffs injury, could result in municipal liability” (Alpert & Smith, P. 177). Monel v. New York City Department of Social Services “the policy of a municipality, as a moving force behind a plaintiffs injury, could result in municipal liability” (Alpert & Smith, P. 177).

4 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Historical Development Deliberate Indifference “the conscious or reckless disregard of the consequences of one's acts or omissions.” Deliberate Indifference “the conscious or reckless disregard of the consequences of one's acts or omissions.” City of Canton, Ohio v. Harris City of Canton, Ohio v. Harris Official Capacity Actions Official Capacity Actions Hafer v. Melo Hafer v. Melo

5 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Policy and Procedure Policy – Guiding Principles Policy – Guiding Principles

6 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster In Policy Events Policy – guiding principles Event

7 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Out of Policy Event Policy – guiding principles

8 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Procedure A specific Method of Perform a task A specific Method of Perform a task

9 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Use of Force Policy The U.S. Commission on Civil Rights has stated that "…in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force." The U.S. Commission on Civil Rights has stated that "…in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force."

10 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Use of Force Policy The International Association of Chiefs of Police (IACP) in its study, Police Use of Force in America 2001, defined use of force as "The amount of effort required by police to compel compliance by an unwilling subject." The International Association of Chiefs of Police (IACP) in its study, Police Use of Force in America 2001, defined use of force as "The amount of effort required by police to compel compliance by an unwilling subject."International Association of Chiefs of Police Police policeInternational Association of Chiefs of Police Police police

11 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Use of Force Policy the legal test of excessive force…is whether the police officer reasonably believed that such force was necessary to accomplish a legitimate police purpose…“ the legal test of excessive force…is whether the police officer reasonably believed that such force was necessary to accomplish a legitimate police purpose…“ police officer police officer a 1999 BJS report, estimated that less than half of 1 percent of an estimated 44 million people who had face-to-face contact with a police officer were threatened with or actually experienced force. a 1999 BJS report, estimated that less than half of 1 percent of an estimated 44 million people who had face-to-face contact with a police officer were threatened with or actually experienced force.police officerpolice officer

12 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Use of Force Policy Police department policies can have a significant impact on how force is used in street-level encounters, Police department policies can have a significant impact on how force is used in street-level encounters, What Components should a good policy have?

13 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Use of Force Policy Purpose Purpose Policy (statement of philosophy) Policy (statement of philosophy) Definitions Definitions Procedures Procedures Parameters of use of deadly force Parameters of use of deadly force Parameters of use of less-lethal force Parameters of use of less-lethal force Training and qualifications Training and qualifications Reporting Reporting Administrative review Administrative review

14 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Pursuit Policy Vehicular Pursuit: An active attempt by an officer in an authorized emergency vehicle to apprehend a fleeing suspect who is actively attempting to elude the police, IACP Best Practices Vehicular Pursuit: An active attempt by an officer in an authorized emergency vehicle to apprehend a fleeing suspect who is actively attempting to elude the police, IACP Best Practices What Components of a good Policy? What Components of a good Policy?

15 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Elements of Model Policies Workable Workable Adaptable to training Adaptable to training Written in a positive manner Written in a positive manner Incorporate relevant law Incorporate relevant law Pre-tested to assure understand Pre-tested to assure understand Training Training Examples Examples

16 Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Public Policy and Practice in Criminal Justice Criminal JusticeCriminal Justice For more information on Public Safety Technology Public Safety TechnologyVisitwww.police-technology.net


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