Assignment: Police Militarization

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Ethical Dilemmas and Decisions in Criminal Justice

Joycelyn M. Pollock

9th EDITION

Chapter 5

The Police Role in Society

Chapter Objectives

Describe the two different missions of law enforcement in a democracy.

Explain the types of control that police have at their disposal.

Provide the justification for police power and the basic ethical standards that derive from this justification.

Identify the differences between the formal ethics of law enforcement and the values of the police subculture.

Describe recent research findings on the police subculture.

Discuss…

What are the duties of police officers?

How would you categorize these duties?

Crime Fighter or Public Servant?

Packer’s crime control model:

Repression of criminal conduct is most important function

Failure of law enforcement means breakdown of order

Criminal process is positive guarantor of social freedom

Efficiency is a top priority

Emphasis is on speed and finality

A conveyor belt is model for system

There is a presumption of guilt

Crime Fighter or Public Servant?

Packer’s due process model:

There is a possibility of error

Finality is not a priority

There is insistence on prevention and elimination of mistakes

Efficiency is rejected if it involves shortcuts

Protection of process is as important as protection of innocents

The coercive power of the state is always subject to abuse

Discuss

https://www.youtube.com/watch?v=-TgFz3qmE9U

Which role did the officer play in this video, crime control or public servant, or

both?

Crime Fighter or Public Servant?

Or is it a spectrum?

Crime Fighter

Public Servant

Social Enforcer: Police address day-to-day problems using coercion

and force when necessary

Emergency Operator: Police offer emergency

assistance clearing the way for

other professionals

Social Peacekeeper: Cross between a crime fighter and

public servant

Crime Fighter or Public Servant?

Current focus on moving perception of policing from “warrior” model to that of “guardian”

Warrior vs. Guardian Mindsets in Policing - https://youtu.be/MgbfBnSPhqA

Militarization

Current focus is on demonizing the crime fighter role, particularly militarization of police

Peter Kraska

Police have been increasingly militarized over last 30 years

Studies increase in SWAT teams and SWAT deployments

Militarization

Radley Balko

Policing has swung too far toward a military model

War on terror and war on drugs are both strategies that contributed to growth of militarization

Feels 1033 program is dangerous

Limited during Obama administration, ban lifted under Trump administration

https://www.youtube.com/watch?v=styv8_GQPqc

Discuss Militarization

North Hollywood Shootout

http://www.policemag.com/channel/weapons/articles/2012/02/how-the-north-hollywood-shootout-changed-patrol-rifles.aspx

https://youtu.be/I_1IvZFwj0M

Ferguson Incident

https://youtu.be/KUdHIatS36A (6:15 to end)

https://www.youtube.com/watch?v=NQAOfNXwAGA&t=55s

https://www.youtube.com/watch?v=MciowYcyFCU

https://www.youtube.com/watch?v=e-Tim5DQNDQ

https://youtu.be/vciY_1e8n2o

Discuss…

Why has the idea of “militarization” transitioned from properly equipping officers and the evolution of crime to aggression and force?

What does “militarization” really mean?

Benefits of militarization?

Critiques of militarization?

Consequences of militarization

Federalizing police

Turning police into formal government agents

History of Policing

From Public Servant to Crime Fighter

Early origins of law enforcement = model of service

Move toward police professionalism started in 1920s

1930s to 1960s – “Red Squads” (infiltrators)

1960s to 1970s – antiwar groups (infiltrators)

Church Committee (investigated government “spying” on citizens)

Patriot Act

International policing

Discuss Future of Policing

Where is the trajectory of policing headed?

What is going to be the role of police in the future?

What if you could determine the future of policing? Where would you take it?

Future of Policing

Preventive policing, problem-solving policing, predictive policing, intelligence-led policing all exist in a confused mix of approaches

Problem-solving = community-based policing

Predictive = sophisticated data gathering and analysis

Intelligence-led = managerial philosophy where data analysis and intelligence are used to make objective decisions designed to prevent crime

Power and Discretion

Klockars describes police control as consisting of:

Authority: Entitlement to unquestioned obedience that derives from fulfilling a specific role.

Power: Power is the threat behind the authority.

Persuasion: The use of signs, symbols, words, and arguments to induce compliance.

Force: Physical coercion.

Authority

Where does police authority come from?

Social Contract (Hobbs): People give up certain liberties in civilized societies in exchange for protection against others

ORS 161.195: Justification

(1)Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.

(2)As used in subsection (1) of this section, "laws and judicial decrees" include but are not limited to:

(a)Laws defining duties and functions of public servants;

(b)Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;

(c)Laws governing the execution of legal process;

(d)Laws governing the military services and conduct of war; and

(e)Judgments and orders of courts. [1971 c.743 §19]

Power

Where do police get their power?

ORS 133.235: Arrest by a Police Officer

(1)A peace officer may arrest a person for a crime at any hour of any day or night.

(2)A peace officer may arrest a person for a crime, pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant) (1), whether or not such crime was committed within the geographical area of such peace officer’s employment, and the peace officer may make such arrest within the state, regardless of the situs of the offense.

(3)The officer shall inform the person to be arrested of the officer’s authority and reason for the arrest, and, if the arrest is under a warrant, shall show the warrant, unless the officer encounters physical resistance, flight or other factors rendering this procedure impracticable, in which case the arresting officer shall inform the arrested person and show the warrant, if any, as soon as practicable.

(4)In order to make an arrest, a peace officer may use physical force as justifiable under ORS 161.235 (Use of physical force in making an arrest or in preventing an escape), 161.239 (Use of deadly physical force in making an arrest or in preventing an escape) and 161.245 ("Reasonable belief" described).

(5)In order to make an arrest, a peace officer may enter premises in which the officer has probable cause to believe the person to be arrested to be present.

(6)If after giving notice of the officer’s identity, authority and purpose, the officer is not admitted, the officer may enter the premises, and by a breaking, if necessary.

(7)A person may not be arrested for a violation except to the extent provided by ORS 153.039 (Stop and detention for violation) and 810.410 (Arrest and citation). [1973 c.836 §71; 1981 c.818 §1; 1999 c.1051 §67]

Persuasion

How do officers get their powers of persuasion?

Uniforms

https://www.policeone.com/police-products/apparel/uniforms/articles/99417-The-psychological-influence-of-the-police-uniform/

http://lawofficer.com/leadership/why-the-soft-uniform-is-dangerous/

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