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Criminal Justice: A Brief Introduction

Thirteenth Edition

Chapter 6

Policing: Issues and Challenges

Front Cover: Criminal Justice: A Brief Introduction, Thirteenth Edition by Schmalleger

Police Personality and Culture (1 of 3)

Police subculture
- particular set of values, beliefs, and acceptable forms of behavior with which the police profession strives to imbue new recruits
Process of informal socialization plays a bigger role than the formal police academy training
- Officers gain a shared “streetwise” view of the world

Police Personality and Culture (2 of 3)

Police working personality (Jerome Skolnick)
- All aspects of the traditional values and patterns of behavior evidenced by police officers who have been effectively socialized in the police subculture
Characteristics such as being authoritarian and suspicious are essential for police survival and effectiveness
Other characteristics are less advantageous (cynicism, hostility, etc.)

Police Personality and Culture (3 of 3)

There are at least two sources of police personality:
- Components may already exist in some people, drawing them toward policing
- Some aspects can be attributed to the socialization into the police subculture rookie officers experienced when they are inducted into police ranks
Research suggests police subculture is stable and unlikely to change from within
Can be significantly influenced by strong and effective leadership or by external pressures

Table 6.1 Characteristics of the Police Personality

Authoritarian

Blank

Honorable

Cynical

Secret

Efficient

Insecure

Loyal

Individualistic

Dogmatic

Suspicious

Hostile

Conservative

Prejudiced

Corruption and Integrity (1 of 3)

Police corruption
- The abuse of police authority for personal or organizational gain
Policing has many opportunities for misconduct
Effects of corruption can be far-reaching
Not always clear what constitutes corruption
- Ranges from minor offenses to serious violations of the law
- “Slippery slope”

Corruption and Integrity (2 of 3)

Occupational deviance
- Motivated by the desire for personal benefit
Abuse of authority
- Occurs to further the organizational goals of law enforcement

Corruption and Integrity (3 of 3)

Knapp Commission investigated corruption in New York City in the early 1970s
Distinguished between two types of corrupt officers
- Grass eaters
  - Most common, involves minor illegitimate activity that occurs from time to time in the normal course of police work
- Meat eaters
  - More serious, involves actively seeking illicit opportunities

Figure 6.1 Types and Examples of Police Corruption

The figure shows low level corruption at the bottom of the pyramid, increasing upward with high level corruption at the top of the pyramid. The pyramid shows the following from top to bottom: • Violent crimes: Physical abuse of suspects, including torture and non-justifiable homicide • Denial of civil rights: Routinized schemes to circumvent constitutional guarantees of due process, such as planting evidence • Criminal enterprise: Resale of confiscated drugs, stolen property, and so on. • Property crimes: Burglary, theft, and so on, committed by police • Major bribes: Acceptance of large sums of money in return for overlooking violations of the law • Role malfeasance: Destruction of evidence, biased testimony, protection of “crooked cops” • Being above “Inconvenient Laws”: Violation of laws against speeding, smoking marijuana, drinking • Minor bribes: Acceptance of minor sums of money in return for favors, such as looking the other way on a ticket • Playing favorites: Selective enforcement of the law, as in not ticketing friends • Gratuities: Acceptance of small favors, such as free coffee and meals.

Money—The Root of Police Evil?

Low police pay may create monetary pressures toward corruption
Moral dilemma produced by unenforceable laws that provide the basis for criminal profit

Building Police Integrity (1 of 2)

Difficult to control corruption
- Reluctance of officers to report corrupt activities
- Reluctance of administrators to acknowledge the existence of corruption
- Benefits of corrupt transactions
- Lack of victims willing to report corruption

Building Police Integrity (2 of 2)

Ethics training
Emphasis on integrity to target police corruption
Law Enforcement Oath of Honor
Law Enforcement Code of Ethics
Internal affairs
- The branch of a police organization tasked with investigating charges of wrongdoings
- Garrity rights—protections officers have against self-incrimination in the face of questioning

Drug Testing of Police Employees

Many departments require all officers to submit to routine drug testing
Courts have supported drug testing based on a reasonable suspicion that drug abuse has been or is occurring
Drug and alcohol addictions are “handicaps” protected by the Federal Rehabilitation Act of 1973

The Dangers of Police Work

Police work by nature is dangerous
Many officers never fire their weapons at a suspect, but some officers are injured or die on the job
Police are more likely to sustain nonfatal work-related injuries than members of any other occupation

Violence in the Line of Duty

2017, 135 officers were killed in the line of duty
- Officers most likely shot and killed by a lone suspect armed with a single weapon
- Slain officers more likely to be good-natured and conservative in use of physical force
- Most slain officers failed to wear protective vests
Rate of violent death among law enforcement officers relatively small
Premeditated attacks on officers have escalated in recent years

Figure 6.2 U.S. Law Enforcement Officers Killed in the Line of Duty, 2017

Long Description: [DO NOT DELETE THIS LINE] The pie chart shows the following: • Vehicle Pursuit: 5 • Assault: 5 • Duty Related Illness: 3 • Gunfire: 46 • 9/11 Related illness: 6 • Aircraft Accident: 2 • Automobile Accident: 28 • Vehicular Assault: 6 • Motorcycle Accident: 4 • Heart Attack: 15 • Struck by Vehicle: 4 • Drowned: 5 • Stabbed: 1 • Animal Related: 1 • Boating Accident: 2 • Exposure to toxins: 1 • Unidentified: 1.

Risk of Disease and Infected Evidence (1 of 2)

Biological weapon
- biological agent used to threaten human life
Investigators and first responders must be cautious
Routine criminal and accident investigations hold potential for infection
Officers cannot refuse to help persons with infectious diseases

Risk of Disease and Infected Evidence (2 of 2)

Areas of concern
- Need to educate officers about serious infectious diseases
- Need to prevent the spread of infectious diseases in police lockups
- Need for effective, nondiscriminatory enforcement and lifesaving activities in environments contaminated with active biological agents

Stress and Fatigue among Police Officers

Stress is a natural component of police work
- Police ranked among top ten stress-producing jobs
Some stressors are particularly destructive
- Frustration results from the inability to be effective
Stress is not unique to policing, but denial of stress is more prevalent among the police

Figure 6.3 Stress and Fatigue among Police Officers

The figure shows an image of a police officer with the factors, written in arrows, pointing toward the police officer. These factors include: • Frustration, inability to be effective • Danger • Boredom • Long hours on the job • Frustration, inability to be effective • Macho attitude, unwilling to ask for help • Personal issues, family life • Moral dilemmas • Traumatic events, disturbing encounters.

Stress Reduction (1 of 3)

The amount of stress an officer experiences is directly related to his or her reactions to potentially stressful situations
Family members often report feelings of stress directly related to the officer’s work
- Some departments have developed family support programs for spouses, life partners, adolescent children of officers

Stress Reduction (2 of 3)

Humor
Emotional distance
Exercise
Meditation
Deep breathing
Biofeedback
Self-hypnosis

Stress Reduction (3 of 3)

Guided imaging
Induced relaxation
Subliminal conditioning
Music
Prayer
Diet

Officer Fatigue

Fatigue can affect an officer’s performance
One study found officer fatigue levels to be six times higher than those of shift workers in industrial and mining jobs
Fatigue associated with the pattern and length of work hours may contribute to accidents, injuries, misconduct
Need to review policies, procedures, and practices affecting work hours and overtime, and control work hours of police officers

Terrorism’s Impact on Policing

September 11th attacks significantly impacted policing
Agencies at all levels now devote more time and resources to prepare for possible terrorist attacks and intelligence-gathering
Local police play a key role in responding to challenges of terrorism
- Engagement depends on budgetary consideration and likelihood of attack

The FBI’s Joint Terrorism Task Forces (JTTF)

T T Fs facilitate effective sharing of critical information between agencies by bringing together federal and local law enforcement personnel to focus on specific threats
- JTTFs established or authorized in all FBI field offices
Regional Terrorism Task Forces also share information with local agencies

Intelligence-Led Policing and Antiterrorism (1 of 2)

Intelligence-led policing
- Collection and analysis of information to produce an intelligence end product designed to inform police decision-making at tactical and strategic levels
- Use of criminal intelligence to guide policing
Criminal intelligence
- Information compiled, analyzed, and/or disseminated in an effort to anticipate, prevent, or monitor criminal activity

Intelligence-Led Policing and Antiterrorism (2 of 2)

Types of criminal intelligence
- Tactical intelligence
  - Obtaining or developing information related to threats of crime/terrorism and using it to apprehend offenders, harden targets, use strategies to eliminate/mitigate threats
- Strategic intelligence
  - Provides information to decision-makers to develop strategies and reallocate resources for effective prevention

Information Sharing and Antiterrorism

Need for effective sharing of criminal intelligence became apparent after events of September 11th
Online information-sharing systems
- Law Enforcement Enterprise Portal (LEEP)
- Law Enforcement Online (L E O)
International Justice and Public Safety Information Sharing Network (N L E T S) links agencies in the United States and Canada

The National Criminal Intelligence Sharing Plan

Effort to create a fully integrated nationwide C J information system
Provides specific steps law enforcement agencies can take to participate in sharing of critical law enforcement and terrorism-prevention information

Police Civil Liability

Civil liability
- The potential responsibility for payment of damages or other court-ordered enforcement as the result of a ruling in a lawsuit
Two types of civil liability suits brought against law enforcement personnel
- State
- Federal

Table 6.3 Major Sources of Police Civil Liability

Failure to protect property in police custody

Negligence in the care of suspects in police custody

Failure to render proper emergency medical assistance

Failure to prevent a foreseeable crime

Failure to aid private citizens

Lack of due regard for the safety of others

False arrest

False imprisonment

Inappropriate use of deadly force

Unnecessary assault or battery

Malicious prosecution

Violation of constitutional rights

Pattern of unfair and inequitable treatment

Racial profiling

Common Sources of Civil Suits

The most common sources of civil liability are assault, battery, false imprisonment, and malicious prosecution
Methods for departments to protect themselves from lawsuits
- Provide proper and adequate training
- Create regulations limiting employee authority
Supervisors may be the object of civil suits because they are responsible for the actions of their officers
- May be liable for negligent hiring or failure to train

Federal Lawsuits (1 of 3)

lawsuit
- Civil suit filed in federal court against anyone who denies others their constitutional right to life, liberty, or property without due process of law
- Brought under Title 42, Section 1983 of the U.S. Code
Bivens Action
- civil suit brought against federal government officials for denying the constitutional rights of others

Federal Lawsuits (2 of 3)

the past, the doctrine of sovereign immunity barred legal actions against state and local governments
Qualified immunity
- Shields individual officers from constitutional lawsuits if unless their conduct was unreasonable in light of clearly established law
Most departments carry liability insurance to protect against the severe financial damage that can result from the loss of a large civil suit

Federal Lawsuits (3 of 2)

Strategies to help avoid federal investigation and consent decree
- Adopt strong policies on key issues (use of force, etc.)
- Ensure officers are trained and managed so policies will be followed
- Develop strong management and supervision measures to help ensure police managers are aware of and can quickly respond to problems as they develop

Racial Profiling (1 of 2)

Racial profiling
- Any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or on information that leads the police to a particular individual who has been identified as being engaged in criminal activity
Uses personal characteristics as the sole or predominate factor in determining criminal intent or culpability
“Driving while black,” “driving while brown”

Racial Profiling (2 of 2)

Racial profiling has been widely condemned as being contrary to basic ethical principles
Weakens public confidence in the police
Differs from behavioral profiling
- Using a person’s demeanor, actions, bearing, and manner to identify an offender before he can act

Figure 6.5 States with Racial Profiling Laws

The states with racial profiling laws include Washington, Oregon, California, Nevada, Montana, Utah, Arizona, Colorado, New Mexico, Texas, Oklahoma, Kansas, Nebraska, Minnesota, Wisconsin, Illinois, Missouri, Arkansas, Louisiana, Alabama, Florida, Tennessee, Kentucky, West Virginia, Virginia, North Carolina, Massachusetts, Rhode Island, Connecticut, New Jersey, and Maryland.

Racially Biased Policing

P E R F report recommendations to help departments be free of bias
- Supervisors should monitor activity reports
- Conduct spot checks and regular sampling of in-car videotapes and radio transmissions
- Determine if formal and informal communications are professional and free from bias

Police Use of Force (1 of 3)

Police use of force
- The use of physical restraint by a police officer when dealing with a member of the public
- Relevant decisions are within an individual officer’s discretion
Police authorized to use only the amount of force that is reasonable and necessary given the circumstances
Police use force in less than 20% of adult custodial arrests
- Primarily use weaponless tactics

Police Use of Force (2 of 3)

Excessive force
- Using more force than is required in the circumstances
Excessive use of force
- The phenomenon of force being used unacceptably, often on a department-wide basis
Illegal use of force
- Situations in which police use of force violates a law

Police Use of Force (3 of 3)

Force factor
- Level of force used by police relative to suspect’s level of resistance
- Key element in reducing injuries to police and suspects
Excessive force can be symptomatic of problem police officers
Recent studies have found that problem police officers do not differ significantly in race or ethnicity from other officers

Figure 6.7 Police Use-of-Force Continuum

The figure shows a continuum with the enforcement levels ranging from 1 to 6 (bottom to top) in the middle, officers perception on the left and the corresponding officer’s response on the right. The figure shows the following data from bottom to top: • Enforcement Level: 1 • Officer’s Perception: Mere Presence • Officer’s Response: Mere Presence • Enforcement Level: 2 • Officer’s Perception: Verbal Resistant • Officer’s Response: Verbal Commands, Touch • Enforcement Level: 3 • Officer’s Perception: Resistant (passive) • Officer’s Response: Pain Compliance, Take Downs, Chemical Agent • Enforcement Level: 4 • Officer’s Perception: Resistant (active physical) • Officer’s Response: Impact Weapon, CEW or Canine • Enforcement Level: 5 • Officer’s Perception: Assaultive (agrravated physical) • Officer’s Response: Incapacitating Strikes or Holds • Enforcement Level: 6 • Officer’s Perception: Agrravated Physical Resistance • Officer’s Response: Deadly Force (firmarm; strike with weapon to head, neck, and so on.).

Deadly Force (1 of 4)

Deadly force
- Force likely to cause death or great bodily harm
Fleeing felon rule
- Historically, it was held that officers could use deadly force to prevent the escape of a suspected felon

Deadly Force (2 of 4)

Tennessee v. Garner (1985)
- Use of deadly force to prevent escape of fleeing felon only justified when the suspect reasonably through to represent a significant threat of serious injury or death to public or officer, and where deadly force is necessary to effect the arrest
Graham v. Connor (1989)
- Established standard of objective reasonableness to assess officer’s use of deadly force in terms of “reasonableness at the moment”

Deadly Force (3 of 4)

Elements contained in federal deadly force policy
- Defense of life
- Fleeing subject
- Verbal warning if feasible
- Warning shot may not be fired
- Vehicle—deadly force may not be used solely to disable a moving vehicle
Research does not solidly support claims of racial discrimination in police use of deadly force

Deadly Force (4 of 4)

Suicide by cop
- Individuals bent on dying engage in behavior that causes the officers to resort to deadly force
Three categories of “suicide by cop”
- Direct confrontations
- Disturbed interventions
- Criminal interventions

Less-Lethal Weapons

Weapons that are designed to disable, capture, or immobilize—but not kill—a suspect
Intended to provide effective and safe alternatives to lethal force
Occasional deaths do result from the use of these weapons

Professionalism and Ethics (1 of 2)

Police professionalism
- The increasing formalization of police work and the accompanying rise in public acceptance of the police
Policing has many attributes of a profession
Police ethics
- Responsibility to adhere to moral duty and obligation inherent in police work

Professionalism and Ethics (2 of 2)

Many professional associations support police work
- IACP
- Fraternal Order of Police
Accreditation is another avenue toward professionalization
- Credentialing process that provides recognized professional status
- Commission on Accreditation for Law Enforcement Agencies (CALEA)

Education and Training (1 of 4)

Peace Officer Standards and Training (P O S T) Program
- The official program of a state or legislative jurisdiction that sets standards for the training of law enforcement officers
Every jurisdiction mandates P O S T-like requirements
Training requirements vary considerably from region to region
Federal law enforcement agents train at the Federal Law Enforcement Training Center (F L E T C) in Georgia

Education and Training (2 of 4)

Police Training Officer (P T O) program
- Alternative model for field training
- Incorporates community policing and problem-solving principles
Increasing emphasis on formal education of police officers
- However, many departments do not have a college requirement
- Davis v. Dallas (1985) upheld policy requiring college-level study for new recruits

Education and Training (3 of 4)

Benefits from hiring educated officers
- Better written reports
- Enhanced communications with public
- More effective job performance
- Fewer citizen complaints
- Greater initiative
- Wiser use of discretion
- Heightened sensitivity to racial/ethnic issues
- Fewer disciplinary problems

Education and Training (4 of 4)

Drawback to hiring more educated officers
- Educated officers more likely to leave police work
- More likely to question orders
- Request reassignment more frequently
Most federal agencies now require college degrees for entry-level positions

Recruitment and Selection

Applicant screening methods include:
- Personal interviews
- Basic skills tests
- Physical agility measurements
- Medical exams
- Drug tests
- Psychological evaluations
- Background investigations

Ethnic and Gender Diversity in Policing (1 of 2)

Many departments are focusing on increasing their complement of officers from underrepresented groups
Ethnic minorities are employed in policing in significant numbers today
Women are still significantly underrepresented, especially in supervisory ranks

Ethnic and Gender Diversity in Policing (2 of 2)

Benefits of women officers
- Tend to use less physical force, less likely to be accused of using excessive force
- Better at defusing and de-escalating potentially violent confrontations
- Better able to facilitate cooperation and trust needed for community policing
- Often respond more effectively to incidents of violence against women

Women as Effective Police Officers

Two groups of female officers
- Those who feel well integrated and are confident in their jobs
- Those who experience strain and isolation
Female officers often underutilized; many departments hesitate to assign women to patrol
Some women in policing experience frustration and lack of satisfaction with their jobs