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Chapters 1-5
CJUS-300
Administrator - the person whose focus is on the overall organization, its mission, acquisition
and use of resources, and agency relationship with external organizations and groups.
Manager - a person in the intermediate level of management, responsible for carrying out the
policies and directives of upper-level administrators and supervising subordinate managers and
employees.
Supervisor - typically the lowest position of leadership in an organization, one who plans,
organizes, and directs staff members in their daily activities.
Criminal justice process - the decisions and actions by an institution, offender, victim, or
society that influence the offender’s movement into, through, or out of the justice system.
Criminal justice network - a view that the justice system’s components cooperate and share
similar goals but operate independently and competing for funding.
Criminal justice non-system - the view that police, courts, and corrections agencies do not
function harmoniously, are not a coordinated structure, and are neither efficient nor fair enough
to create fear of punishment nor respect for its values.
System fragmentation - the view that members of police, courts, and corrections agencies have
tremendous discretion and their own perception of the offender, resulting in goal conflict.
Social contract - a belief that people are essentially irrational and selfish, but have enough
rationality to come together to form governments for self-protection.
Consensus model - the view of the criminal justice system in which it is assumed that all parts
of the system work toward a common goal.
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Conflict model - holds that actors within the criminal justice system are self-serving, with
pressures for success, promotion, and general accountability and resulting in fragmented efforts.
Due process model - the ideal that the accused should be presumed innocent and have their
rights protected, while police must act only in accordance with the Constitution.
Crime control model - a philosophy that states crime must be repressed, the accused presumed
guilty, legal loopholes eliminated, offenders swiftly punished, and police and prosecutors given a
high degree of discretion.
Planned change - rational approach to criminal justice planning that involves problem analysis,
setting goals and objectives, program and policy design, developing an action plan, and
monitoring and evaluation.
Policymaking - (1) developing plans that are then used by an organization or government as a
basis for making decisions; (2) establishing rules, principles, or guidelines to govern actions by
ordinary citizens and persons in positions of authority
Force-field analysis - a process of identifying forces in support of change, those resisting
change.
Organization - entities of two or more people who cooperate to achieve an objective(s).
Social entity - an organization composed of people who interact with one another and with other
people.
Relatively identifiable boundary - an organization’s goals and the public it is intended to serve.
Organizational theory - the study of organizational designs and structures that includes the
behavior of administrators and managers within organizations.
Scientific management - a school of management thought that is concerned primarily with the
efficiency and output of an individual worker.
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POSDCORB - an acronym for planning, organizing, staffing, directing, coordinating, reporting,
and budgeting; this philosophy was emphasized in police management for many years.
Bureaucracy - structuring of an organization so as to function efficiently; it includes rules,
division of labor, hierarchy of authority, and expertise among its members.
1. Rulification and routinization. Organizations stress continuity. Rules save effort by
eliminating the need for deriving a new solution for every problem. They also facilitate
standard and equal treatment of similar situations.
2. Division of labor. This involves the performance of functions by various parts of an
organization along with providing the necessary authority to carry out these functions.
3. Hierarchy of authority. Each lower office is under the control and supervision of a higher
one.
4. Expertise. Specialized training is necessary. Only a person who has demonstrated
adequate technical training is qualified to be a member of the administrative staff.
5. Written rules. Administrative acts, decisions, and rules are formulated and recorded in
writing.
Inputs - an organization’s committing such resources as funds, personnel/labor, and equipment
toward accomplishing a goal or mission.
Outputs - an organization’s desired outcome, goods, or services
1. Principle of the objective. Every part of every organization must be an expression of the
purpose of the undertaking. You cannot organize in a vacuum; you must organize for
something.
2. Principle of specialization. The activities of every member of any organized group
should be confined, as far as possible, to the performance of a single function.
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span of control - the number of subordinates a chief executive, manager, or supervisor in a
criminal justice organization can effectively supervise.
unity of command - the principle holding that only one person should be in command or control
of a situation or an employee.
Communication - use of words, sounds, signs, bodily cues, or other actions to convey or
exchange information, or to express ideas, to another person or group.
Encoding. To convey an experience or idea, we translate, or encode, that experience into
symbols. We use words or other verbal behaviors or nonverbal behaviors such as gestures to
convey the experience or idea.
Transmission. This element involves the translation of the encoded symbols into some behavior
that another person can observe. The actual articulation (moving our lips, tongue, and so on) of
the symbol into verbal or nonverbal observable behavior is transmission.
Medium. Communication must be conveyed through some channel or medium. Media for
communication include sight, hearing, taste, touch, and smell. Some other media are television,
telephone, paper and pencil, and radio. The choice of the medium is important; for example, a
message that is transmitted via a formal letter from the CEO will carry more weight than the
same message conveyed via a secretary’s memo.
Reception. The stimuli, the verbal and nonverbal symbols, reach the senses of the receiver and
are conveyed to the brain for interpretation.
Decoding. The individual who receives the stimuli develops some meaning for the verbal and
nonverbal symbols and decodes the stimuli. These symbols are translated into some concept or
experience for the receiver. Whether or not the receiver is familiar with the symbols, or whether
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or not interference such as noise or a physiological problem occurs, determines how closely the
message that the receiver has decoded approximates the message that the sender has encoded.
Feedback. After decoding the transmitted symbols, the receiver usually provides some response
or feedback to the sender. If someone appears puzzled, we repeat the message or we encode the
concept differently and transmit some different symbols to express that concept. Feedback that
we receive acts as a guide or steering device and lets us know whether the receiver has
interpreted our symbols as we intended. Feedback is obviously a crucial element in guaranteeing
that the sender’s intended meaning was in fact conveyed to the receiver. Communication within a
criminal justice organization may be downward, upward, or horizontal.
There are five types of downward communication within a criminal justice organization:
1. Job instruction. Communication relating to the performance of a certain task
2. Job rationale. Communication relating a certain task to organizational tasks
3. Procedures and practice. Communication about organizational policies, procedures,
rules, and regulations (discussed as they relate to police, in Chapter 4)
4. Feedback. Communication appraising how an individual performs the assigned task
5. Indoctrination. Communication designed to motivate the employee
Grapevine - an informal means of circulating and communicating information or gossip.
First is the requirement for administrative due process in employee disciplinary matters,
encouraged by federal court rulings, police officer bill of rights legislation, and labor contracts.
Another development is civil liability.
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Finally, a third stimulus is the accreditation movement. Agencies that are either pursuing
accreditation or have become accredited must possess a wealth of written policies and
procedures.
It is important to note that at least 90 percent of communication is nonverbal in nature, involving
posture, facial expressions, gestures, tone of voice (<it’s not what you say but how you say it=),
and so on
Leadership - influencing and working with and through individuals or a group to generate
activities that will accomplish organizational goals.
Trait theory - a theory based on the notion that good leaders possess certain character traits that
poor leaders do not.
Style theory - a theory that focuses on what leaders do, and arguing that leaders engage in two
distinct types of behaviors: those relating to task and relationships.
Autocratic leader - leaders who are primarily authoritarian in nature and prefer to give orders
rather than invite group participation.
Democratic leader - leaders who stress working within the group and strive to attain
cooperation from group members by eliciting their ideas and support.
Laissez-faire leader - a hands-off approach to leadership, in which the organization essentially
runs itself.
Hawthorne effect - a theory meaning that employees’ behavior may be altered if they believe
they are being studied—and that management cares.
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Humanistic school - a school of psychological thought that stressed the importance of growth
and self-actualization and argued that people are innately good.
hierarchy of needs - Maslow’s belief that people’s basic and primary needs or drives are
physiological (survival), safety or security, social, ego (self-esteem), and self-realization or
actualization.
theory X - the management view holding that people inherently dislike work and will avoid it,
and thus negative reinforcements (punishments) and other <drivers= must be used as motivators.
theory Y - the management view holding that people inherently like to work, seek greater
responsibility, and are inherently motivated rather than by punishment.
Maintenance and hygiene factors - elements of one’s career that provide one with their need to
avoid pain (e.g., adequate pay, benefits, job security, decent working conditions, supervision,
interpersonal relations).
Motivational factors - those psychosocial factors providing intrinsic satisfaction on the job,
serving as an incentive to devote more of their time, energy, and expertise in productive
behavior.
Expectancy theory - a theory that certain beliefs can influence effort and performance.
Contingency theory - an effort to determine the fit between the organization’s characteristics
and its tasks and the motivations of individuals.
Generation Y - sometimes termed the millennials, persons born between 1980 to 2000.
Learning organization - an organizational culture that looks to the future to continually
experiment, improve, and adapt so as to meet the challenges of a more complex role.
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Fair Labor Standards Act (FLSA; at 29 U.S.C. 203 et seq.). This Act provides minimum
salary and overtime provisions covering both public and private sector employees. Part 7(a)
contains special provisions for firefighters and police officers.
Title VII of the Civil Rights Act of 1964 and its amendments (42 U.S.C. 2000e). This
broadly based Act establishes a federal policy requiring fair employment practices in both the
public and private sectors. It prohibits unlawful employment discrimination in the hiring process,
discharge, discipline, and working conditions and the unlawful provision of benefits based on
race, color, religion, sex, and national origin. Its provisions extend to <hostile work environment=
claims based on sexual, racial, or religious harassment.
Equal Pay Act [29 U.S.C. 206(d)]. This legislation provides an alternative remedy to Title VII
for sex-based discrimination in wages and benefits when men and women do similar work. It
applies the simpler Fair Labor Standards Act procedures to claims. Note that the Equal Pay Act
does not mean <comparable worth=—an attempt to determine wages by requiring equal pay for
employees whose work is of comparable worth even if the job content is totally different.
The Pregnancy Discrimination Act of 1978 [42 U.S.C. Section 2000e(k)]. This Act is an
amendment to the scope of sexual discrimination under Title VII. It prohibits unequal treatment
of women because of pregnancy or related medical conditions (e.g., nausea). The Act requires
that employers treat pregnant women like other temporarily disabled employees. The U.S.
Supreme Court decided a major case in 1991 that limited employers’ ability in excluding women
who are pregnant or of childbearing years from certain jobs under a fetal protection policy.3
Age Discrimination in Employment Act (29 U.S.C. 623). This Act generally prohibits the
unequal treatment of applicants or employees based on their age, if they are 40 years or older, in
regard to hiring, firing, receiving benefits, and other conditions of employment. Americans with
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Disabilities Act of 1990 (ADA) (42 U.S.C. 12112). The goal of this legislation is to remove
barriers that might prevent otherwise qualified individuals with disabilities from enjoying the
same employment opportunities as persons without disabilities.
Before the ADA, the Rehabilitation Act of 1973 (see 29 U.S.C. 701) and its amendments
prevented similar disability discrimination among public agencies receiving federal funds.
Section 1983 (codified as Title 42, U.S. Code Section 1983). This major piece of legislation is
the instrument by which an employee may sue an employer for civil rights violations based on
the deprivation of constitutional rights. It is the most versatile civil rights action and is also the
most often used against criminal justice agencies.
Disparate treatment - treating people differently because of their age, gender, sex, or other
protected status.
Bona fide occupational qualifier (BFOQ) - in certain situations, a rationale for discriminating
on the basis of a business necessity.
Affirmative action - actions or policies that favor persons or groups who have suffered from
discrimination, particularly in employment or education.
Reverse discrimination - the argument that affirmative action policies have resulted in unfair
treatment for members of majority groups.
Fair Labor Standards Act (FLSA) - a federal law establishing minimum wages and requiring
overtime compensation in the private sector as well as state and local governmental employees.
Hatch Acts - legislation that limits partisan political activities by governmental employees.
Garrity v. New Jersey, a police officer was ordered by the attorney general to answer questions
or be discharged.
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Gardner v. Broderick, a police officer refused to answer questions asked by a grand jury
investigating police misconduct because he believed his answers might tend to incriminate him.
Title VII of the Civil Rights Act of 1964 prohibits religious discrimination in employment.
Exhibit 3.2 Residency Rule Is a Yawner: New Orleans Residents Don’t Seem to Care
Where Cops Live
Opponents of a New Orleans residency rule that has been on the books since the 1950s, but
largely ignored until now, contend they have proof that a majority of residents do not care if their
police officers live outside the city limits.
Although restricted by the Supreme Court’s 1985 decision in Tennessee v. Garner (deeming the
killing of unarmed, non-dangerous suspects as unconstitutional), the possession of, and
familiarity with, firearms remains a central aspect of the contemporary officer’s role and
function. Some officers take this responsibility to the extreme, however, becoming overly reliant
on and consumed with their firepower.
In March 1989, the U.S. Supreme Court issued two major decisions on drug testing of public
employees in the workplace. Skinner v. Railway Labor Executives’ Association and National
Treasury Employees Union v. Von Raab dealt with drug-testing plans for railroad and U.S.
Customs workers, respectively. Under the Fourth Amendment, governmental workers are
protected from unreasonable search and seizure, including how drug testing can be conducted.
The Fifth Amendment protects federal, state, and local workers from illegal governmental
conduct.
Peace Officers Bill of Rights (POBR) - legislation mandating due process rights for peace
officers who are the subject of internal investigations that could lead to disciplinary action.
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Written notice: The department must provide the officer with written notice of the nature of the
investigation, summary of alleged misconduct, and name of the investigating officer.
Right to representation: The officer may have an attorney or a representative of his or her
choosing present during any phase of questioning or hearing.
Polygraph examination: The officer may refuse to take a polygraph examination unless the
complainant submits to an examination and is determined to be telling the truth. In this case, the
officer may be ordered to take a polygraph examination or be subject to disciplinary action.
Workplace harassment - unwelcome verbal or physical conduct (whether or not of a sexual
nature) that creates a hostile work environment, or a change in an employment status or benefits.
1. Nonsexual contacts that are sexually motivated. An officer will stop another citizen without
legal justification to obtain information or get a closer look at the citizen.
2. Voyeuristic contacts. Police officers attempt to observe partially clad or nude citizens. They
observe apartment buildings or college dormitories. In other cases, they roust citizens parked on
lovers’ lanes.
3. Contacts with crime victims. Crime victims generally are emotionally distraught or upset and
particularly vulnerable to sexual overtures from officers. In these instances, officers may make
several return visits and calls with the intention of seducing the victim.
4. Contacts with offenders. In these cases, officers may conduct body searches, frisks, and pat
down searches. In some cases, officers may demand sexual favors. Offenders’ complaints of
sexual harassment will not be investigated by a department without corroborating evidence,
which seldom exists.
5. Contacts with juvenile offenders. In some cases, officers have exhibited some of the same
behaviors with juveniles that they have with adults, such as pat downs, frisks, and sexual favors.
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There have also been cases in which officers assigned as juvenile or school liaison officers have
taken advantage of their assignment to seduce juveniles.
6. Sexual shakedowns. Police officers demand sexual services from prostitutes, homosexuals,
and others engaged in criminal activity as a form of protection.
7. Citizen-Initiated sexual contacts. Some citizens are attracted to police officers and attempt to
seduce them. They may be attracted to the uniform, authority, or the prospect of a <safe= sexual
encounter. In other cases, the citizen may be lonely or may want a <break= when caught violating
the law.
Family and Medical Leave Act (FMLA) - legislation that entitles eligible employees to take
unpaid, job-protected leave for specified family and medical reasons.
Americans with Disabilities Act - legislation making it illegal to discriminate against persons
with disabilities in their recruitment, hiring, and promotion practices.
Part 2 - Chapters 4-5
Division of labor - a basic feature of traditional organizational theory, where specialization
produces different groups of functional responsibilities.
Placement of responsibility. The responsibility for performing given tasks can be placed on
specific units or individuals. For example, the traffic division investigates all accidents, and the
patrol division handles all calls for service.
Development of expertise. Those who have specialized responsibilities receive specialized
training. Homicide investigators can be sent to forensic pathology classes; special weapons and
tactics teams train regularly to deal with terrorists or hostage situations.
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Group esprit de corps. Groups of specially trained persons share camaraderie and depend on
one another for success; this leads to cohesion and high morale.
Increased efficiency and effectiveness. Specialized units have a high degree of proficiency in
performing job tasks. For example, a specially trained financial crimes unit normally is more
successful in handling complex fraud cases than a general detective division.
Organizational structure - how an organization divides up its work and establishes lines of
authority and communication.
Military model - where, for example, police and many correctional officers wear uniforms, use
rank designations, and have a hierarchical command structure much as the military services.
Policies - written guidelines that are general in nature and serve to further the organization’s
philosophy and mission and help in interpreting their elements to the officers.
Procedures - specific guidelines that serve to direct employee actions, such as how to prepare
investigations and conduct patrol, bookings, radio communications, and prepare reports.
Rules and regulations - specific managerial guidelines for officers, such as not smoking in
public, types of weapons to be carried on duty, and so on.
COPPS - community-oriented policing and problem solving, which has emerged as the
dominant philosophy and strategy of policing.
S.A.R.A. - for scanning, analysis, response, assessment—the logical framework for officers to
respond to crime and neighborhood disorder.
Chief executive officer (CEO) - the highest-ranking executive or administrator in an
organization, who is in charge of its overall operation.
Mintzberg model for CEOs - a model that delineates and defines the primary roles of a chief
executive officer.
