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79 Cards in this Set
- Front
- Back
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4 Basic Police Mandates |
1. Prevent crime without repressive force 2. Maintain public order by nonpublic means 3.Reduce conflict 4.Show efficiency |
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Three distinct periods of American Policing |
1.Political Era (1840-1920) 2.Professional model era (1920-1970) 3.Community policing era (1970-today) |
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POLITICAL ERA |
Most major cities had a police force by 1850Controlled by the dominant political partyPolice performed many other jobsRan soup kitchensRegulated public health |
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PROFESSIONAL MODEL ERA |
Resulted from the progressive movement |
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6 elements of Professional era |
1. Police should stay out of politics2. Police should be well-trained, well-disciplined, and tightly organized3. Laws should be equally enforced4. Police should use new technology5. Personnel matters (promotions, hires) should be based on merit6. The main task of police should be fighting crime |
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COMMUNITY POLICING ERA |
1970moved police away from crime-fighting to keeping public orderarrest of criminals is ineffective for deterring crimeBroken windows theorywork on little things in order to keep crime down |
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Problem orientated policing (POP) |
Extend community policing modelFocuses on fear of crimeWork inside the community to solve crime |
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Federal Law Enforcement Agencies |
Part of the executive branchInvestigate specific sets of crimes provided by congressdrug trafficking, organized crime, terrorism |
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Federal Bureau of Investigation (FBI) |
US Department of Justicecreated in 1908federal crime under federal jurisdictions12,000 agents—-56 field offices
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Priorities of FBI |
Terrorist attackForeign IntelligenceCyber crimesPolice corruptionCivil rightsCriminal OrganizationsMajor White-collar crimeSignificant violent crimeSupport federal, state, county partnersUpgrade tech to support FBI work |
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Native American Tribal Police |
Enforce criminal laws on their land |
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Police Officer |
US citizen, 21+average $40,000/yrFemale and minorities20% of police officers are minorities12% are female |
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Police subculture |
Symbols, beliefs, values, and attitudes shared by members of a subgroup of the larger society |
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4 key issues of policing |
Working personalityRole of moralityIsolation of policeStress involved in police work |
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Working personality |
A set of emotional and behavioral characteristics developed by members of a occupational group in response to the work situation and environmental influences. |
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2 elements of working personality |
danger authority |
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Morality |
deal with difficult arrests and use of forceGoodNot so good |
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Isolation |
separates police from the publicSees citizens mainly in time of crisisremaining alertpublic suspicion of officersLegal cynicism |
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Stress |
4 typesexternal stress-produced by real threatsorganizational stress-caused by work, odd hourspersonal stress- work env.operational stress- total effect |
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Police Functions |
Order maintenance- preventing behavior that disturbs the public peaceLaw enforcement- controlling crime by intervening in situationsservice- first aid, resuming animalsCAN CONFLICT DUE TO DISCRETION |
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Organization of police |
Organized by the type of policing they docommand structure is placed over each division |
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Police Policy: Priorities |
limited resources ($$)they make policies based onvaluespoliticspublic pressuresocial conflict |
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watchman style |
Order maintenancediscretion is keyignore minor infractions |
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legalistic style |
law enforcementjuvenile offenderssingle standard of conduct |
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service style |
Service and individualized treatmenttough on burglaries and assaults deal with things in a personal, nonpublic way |
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Police encounters |
20% of ppl have them yearly1/3 are ppl getting in trouble the others are asking for help and/or reporting a crimeresult from discretion56% of people have great faith in police |
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What factors make discretion be used? |
Nature of crimerelationship between victim and criminalrelationship between the police and the victim or criminalindividual characteristics such as race/ethnicity, gender, class, agedepartment policy |
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Police abuse power |
Force, corruption |
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4 methods of civic accountability of police |
internal affairs unity, civilian review boards, standards and accreditation, civil lawsuits |
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internal affairs unit |
part of PDreceives complaints conducts inves. |
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civilian review boards |
outside the PD opposed by policepower varies between departments |
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proactive Police responses |
By the initiative of police. Examples: Targeting certain areas, arrests for victimless crimes. Helps police to get to (or be on) the scene while a crime is in progress. |
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Reactive police responses |
Responding after notification of a crime. Police get there after the fact, and rely on witness accounts of what happened (which may be inaccurate). |
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Productivity |
community policing is often effective, but isn't easily measured by statisticsuse of productivity police measures is linked to increase misconduct complaints from citizens Parol officers and detectives |
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Parol officers and detectives |
Parol officers are 2/3 of all sworn officers15% of all officers are detectives |
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Investigation: Apprehending suspects |
apprehension begins with investigation by officers on the scene, but then can involve detectives |
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3 initial stages and hopefully a fourth of apprehending |
detection of crime, preliminary investigation, follow up investigation, then hopefully clearance and arrest |
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traffic |
Can lead to discovery of more serious crime |
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vice |
undercover officerswide discretion for officers |
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drug law enforcement |
Organized crime, gang task forcessting operations |
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Search and seizure concepts |
Search~intrudes a persons reasonable expectation of privacySeizure~police officers use their authority to deprive people of their liberty and propertyex: stops and arrests |
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Plain-View Doctrine |
Officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be. |
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Fourth amendment |
reasonable suspicion is how stops are justified |
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Stop |
Reasonable Suspicion |
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Arrest |
Probable Cause |
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Warrantless searches |
Most searches and arrests by officers are warrantless |
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stop-and-frisk on the streets |
Pat down the clothing of people on the streetreasonable suspicion of dangerous criminal activity |
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special needs beyond Normal Purposes of Law Enforcement |
Officers need to search every individual passing throughex: Metal detectors, border stops and searches |
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search incident by lawful arrest |
Not limited by the crime for which the person was arrestedOfficers need to make sure the arrestee doesn't have a weaponlook for evidence that may be destroyed or damaged |
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exigent circumstances |
Officers are in the middle of an urgent situation in which they must act swiftly and do not have time to go to the court to get a warrant |
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consent |
May I search your car?May I look around downstairs?Citizens have the right to say no |
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automobile searches |
Can stop cars due to traffic stop or if involved in criminal activitysweep interior with flashlight Need reasonable suspicion to search vehicleCan search impounded vehicle |
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Fifth amendment |
“NO person shall…be compelled in any criminal case to be a witness against himself” |
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Exclusionary rule |
illegally obtained evidence must be excluded from trialExceptions are motion to suppress and Good faith and inevitable discovery |
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Good faith |
officers acted in honest belief that they were following proper rules, but judge issued warrant improperly) |
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Inevitable Discovery rule |
evidence would have inevitably been found by the police anyway |
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Questioning Suspects |
Miranda rights and rulesMiranda rights must be read aloud at an arrestWhy is “in custody” important?loss of libertyisolation from public view |
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inquisitorial process |
OTHER COUNTRIES USE; Judge takes active role~inves./examining case |
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adversarial process |
US USES;Derived from the British SystemFacts emerge from the presentation of both sides of the case by professional attorneys |
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Criminal cases |
Prosecution v. defense |
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Civil cases |
Attorney for Plaintiff v. Attorney for defendant |
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Norm Enforcement |
Criminal ProcessEnforcing society’s rules and standards for behavior |
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Dispute Processing |
Civil processResolving disputes about contracts, money, property, personal injuries |
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Policy-Making |
When judges interpret the Constitution and other laws, they are telling the police, corrections officers, and other officials what they can/cant doEx: decision leading to Miranda rights |
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Jurisdiction in courts |
Jurisdiction: Legal boundaries within a court’s control |
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Trial courts |
Places where evidence is presented, witnesses testify and are cross-examined, facts are determines, juries2 kindslimited jurisdictionmisdemeanors, civil cases, small amounts of $$$general jurisdictionFelonies, higher amount of $$ |
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Appellate courts |
hear appeals of decisions from lower courts |
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Problem solving courts |
Drug/sobriety courts, mental health courts, veterans courts, domestic violence courts Decentralized |
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State, local courts in the US are most likely decentralized |
local politicians influencelocal residents are the staffoperations structured to suit community needsLower, limited jurisdiction trial courts are often run more informally than general jurisdiction trial and appellate courts |
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6 circuit courts |
Kentucky, Michigan, Ohio, Tennessee |
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Judges |
3 Major roles |
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adjudicator |
must remain neutral, apply discretion |
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negotiator |
discussions in judges chambers (out of public view) with prosecutors and defenses attorneys |
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administrator |
managing the courthouse, courtrooms, staff |
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partisan election |
openly endorsed by political parties |
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non-partisan election |
candidate’s party affiliations not listed on a ballot |
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Prosecuting attorney |
Federal: US attorneyState: Attorney General Counties: District attorney, state’s attorney, commonwealth attorney, county attorney |
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Prosecutor’s Roles |
Trial counsel for policehouse counsel for policerepresentative of courtelected official |
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Prosecutor’s dilemma |
Press and pursue charges vigorously against lawbreakers…while upholding justice and the rights of the accused |
