Winter 2007 CJA

Winter 2007 CJA 111 – Introduction to Crim: Law Enforcement Agencies: 

Winter 2007 CJA 111 – Introduction to Crim: Law Enforcement Agencies Th 6:30 – 9:20 PM AC 1266 Instructor: Robert Swan

Agenda: Feb. 15, 2007: 

Agenda: Feb. 15, 2007 I am ill today and have cancelled our class meeting. Midterm Study Guide Handout Lecture: Routine Patrols 5th Amendment & Arrests; Miranda; “Saints and the Roughnecks” Police Culture Police Deviance

Police In Focus: Routine Patrolling: 

Police In Focus: Routine Patrolling Kansas City Study: 1972-1973 Broke up Kansas City into 3 patrol areas: 1) Decrease Routine Patrols (reactive beat); 2) increase Routine Patrols (proactive beats); 3) keep Routine Patrols the same (control group: reactive and proactive) Study found that the level of patrol: Had no effect on crime or citizen perceptions and fear of crime. Crime did not go up or down based on patrol type. WHY????

Related to the Assumptions of Deterrence: 

Related to the Assumptions of Deterrence Routine patrols assume a deterrence effect. Deterrence assumes rational choice (perceive threat & calculation of risk benefit) by potential criminals. Even doubling the random patrols may not be enough to make people notice a difference…thus, the calculation remains the same as it was before…thus, patrols are not a meaningful threat. (remember, UCR data indicate only 13% of burglaries are cleared) Similarly, many criminal (e.g., teens, mentally ill, & etc.) do not make rational calculations. Many crimes are not suppressible by patrol (e.g., half of all rapes occur between people who know each other, indoors) Newark Study: Crime did decrease when foot patrols were increased. WHY?

Slide5: 

When the officer believes that sufficient legal evidence (Probable Cause) exists that a crime has been or is being committed and intends to restrain the suspect Observes criminal activity Investigation or evidence proves sufficient Discussion with suspect Eyewitnesses/victims statements Or when a court issues arrest warrant is issued The officer deprives the individuals of his or her freedom Suspect believes he or she is in custody and cannot voluntarily leave What is an Arrest?

Arrest in Non-criminal Acts: 

Arrest in Non-criminal Acts One may be arrested for non-criminal acts. i.e., misdemeanors punishable by only a fine. Traffic violations: Atwater et al. v. City of Lago Vista et al. (2001): Texas “soccer mom” w/ two children pulled over for unbuckling seat belt momentarily. Officer berated her and made a Warrantless arrest for a misdemeanor Atwater found to be driving without a license and a lack of proof of insurance. Atwater & Husband filed suite arguing that their 4th Amendment right to be free from unreasonable seizure was violated. Standard: Was the arrest authorized? Was it reasonable? Was the breach of peace significant? State statute defined her action as prohibited and explicitly states that an arrest can be made in lieu of/or in addition to a citation. U.S. Supreme Court upheld the right to arrest of a suspect for a traffic violation.

Slide7: 

You have the right to remain silent If you decide to make a statement, the statement can and will be used against you in a court of law You have the right to have an attorney present at the time of the interrogation, or you will have an opportunity to consult with an attorney If you cannot afford an attorney, one will be appointed for you by the state Custodial Interrogation (5th Amendment protections) Miranda Rule [Miranda v. Arizona (1966)]: Must be applied at time of arrest & prior to questioning

Interrogation: Basic (original) assumptions: 

Interrogation: Basic (original) assumptions Suspects may choose to remain silent Officers may not continue asking questions without a defense attorney present. Officers may begin asking about a second crime but must inform suspect of Miranda rights again. Suspects may not be questioned w/o a defense attorney if there is a language barrier, mental handicap or they are minors. A suspect can waive Miranda protections

Miranda Today: 

Miranda Today As was the case with 4th Amendment protections, The U.S. Supreme Court has removed many of the restrictions placed on law enforcement…

Slide10: 

Miranda only applies to an attorney, not a priest, probation officer or other official. A suspect can be questioned in the field without Miranda warnings if it is necessary to protect public safety (the public safety doctrine). Suspects need not be aware of all the possible outcomes of waiving their rights. Miranda applies only when the suspect requests an attorney, not when one has been brought in by family or friends. An ambiguous reference such as “maybe I should talk to an attorney” does not constitute a formal request for counsel. Failure to give Miranda warnings is not illegal unless the case actually becomes a criminal matter. Miranda Today: Narrowing the Scope of Miranda

Miranda Today: 

Miranda Today Illegally gained evidence can be used to impeach a defendant’s testimony during trial if the defendant perjures him or her self. At trial, testimony of a witness is permitted even though the witness’s identity was revealed by the defendant in violation of the Miranda rule. Evidence is permissible if it would have been obtained anyway by other means or sources (inevitable discovery rule). Initial errors by police in getting statements do not exclude subsequent statements from use once a Miranda error has been corrected. Admissions of mentally impaired defendants can be admitted as long as evidence shows the police acted properly and there is a preponderance of the evidence that the party understood the meaning of Miranda. An erroneous admission of a coerced confession at trial can be admitted if it is ruled a “harmless error” and would not have automatically resulted in overturning a conviction.

Important Miranda Doctrines:: 

Important Miranda Doctrines: Inevitable discovery Rule: Evidence can be used in court even though the information that led to the discovery was obtained in violation of the Miranda rule if a judge finds it would have been discovered anyway by other means and sources. Public safety doctrine: A suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety.

The Saints and the Roughnecks: Understanding day-to-day operations of police: 

The Saints and the Roughnecks: Understanding day-to-day operations of police Perceptions of delinquency: Who was more delinquent in the eyes of the police and why? Understanding police and community bias: Frequency of deviance comparisons between Saints & Roughnecks Visibility? Demeanor? (especially with police) “Seriousness” and type of offenses? Economic costs? Threat to public safety? (I.e., physical harm) Deviance Reinforcement: Did the boys live up to police and community expectations? Selective perception & Labeling 4th Amendment issues?

The Police Concept in a Democracy : 

The Police Concept in a Democracy Debates about the role of police: Legalistic or political? What is the most effective way to integrate police into a democratic society? 1). Legalistic: Rule orientation (Rule of Law Orientation). Assumes that justice is a product of consistent application of laws and departmental policies and procedures. Ideally, these laws and implementation would be bias free. Bureaucratic model. 2). Political: Rests on one of two assumptions: 1) the laws and police primarily serve the interests of the most influential persons in a community “some are above the law”; 2) or police are responsive and enforcement is individualistic. Unique neighborhoods, individuals…discretion should be used for the good of the community. Community expectations model.

Organizational culture: 

Organizational culture Organizational culture and, as we have discussed previously, institutional environment have a great deal to do with the way police carry out their function….. We will focus on organizational culture for a bit and then discuss individual officer attributes…..

Organizational CultureMax Weber’s Bureaucracy (White): 

Organizational Culture Max Weber’s Bureaucracy (White) Max Weber (German, founding sociologist, 1864-1920) Coined the term Bureaucracy to describe a structure with which society might attempt to more effectively and efficiently achieve collective goals. Origins and development of bureaucracy: WAR Weber’s bureaucracy is an organization that is 1) rational 2) efficient 3) non-hereditary 4) professional 5) Impersonal 6) Coordinated

The Police Concept in a Democracy (Roberg, et. al. reading): 

The Police Concept in a Democracy (Roberg, et. al. reading) Organizational Culture Formal and informal organizational expectations create an organizational culture: “The pattern of basic assumptions that a given group (the police) has invented, discovered, or developed in learning to cope with its problems of external adaptation and internal integration and which have worked out well enough to be considered valid.” Culture influenced by external (politics, the law, environment) and internal (Norms: formal and informal) issues.

Police Culture: 

Police Culture Like all organizational cultures, Police culture is a subculture…. …Which means it is not completely foreign to American culture… but does not necessarily hold all of the same values as the civilian population. Sub-cultural boundaries (informal norms) help to maintain organizational cohesion and obedience. New officers transition over time… This can be a source of conflict with the community….

Slide19: 

“The Blue Curtain”: Clannish, secretive, cynical, isolated from society. Police are the only real crime fighters Only the police understand police Loyalty to one another is paramount The “War on Crime” can only be won by bending a few rules (i.e., “Noble cause corruption) The public doesn’t support the police Patrol work is the pits, detective work is glamorous The Police Culture: Core Beliefs

Slide20: 

Dogmatic/black and white thinking: e.g, “good and evil” Authoritarian: Citizens must respect authority or “payback” Suspicious Racial preconceptions Cynical: The belief that most people’s actions are motivated solely by personal interest and selfishness. The Police Personality: One set of research results

Slide21: 

Less depressed and anxious than the general population More social and assertive Value personality traits such as warmth, flexibility and emotion. The Police Personality: A second set of research results

Slide22: 

The nature of police work attracts candidates who are by nature cynical, authoritarian and secretive The process of being socialized into the job of police officer causes the traits to develop. What Accounts for the Police Personality?

Slide23: 

Increases with years of service If college graduates are denied promotions, it increases Military-type training academies cause self-cynicism Cynicism in Policing

4 Basic styles of policing: 

4 Basic styles of policing The crime fighter: Victim focused, fighting violent crime the main, most important goal. Any other types of diversions harmful to society. The social agent: Community problem solvers. Help special populations, preserve order through community interaction. The law enforcer: Playing it by the book. “Legalistic” approach. The police enforce all laws and statutes (most likely to aspire to command rank). The watchman: They only enforce laws or sanction behavior that directly threatens social order. They handle much crime informally…if they handle it at all. More concerned with retirement benefits than crime rates.

Slide25: 

Police officer as a “street level bureaucrat” Discretion is the freedom to act or judge on one's own; latitude of choice and action Police discretion is sometimes referred to as low-visibility decision making: Little or no oversight It is of extreme importance due to the fact that an officer may deprive somebody of their liberty or use deadly force. Different factors affect decisions that police make (e.g., the more sever the crime, the less discretion) or victim factors (stranger crimes are handled more seriously).. environmental factors ( community culture), departmental/peer factors (peer pressure; policies, practices, & customs) Training Situational Factors: demeanor of offender Extra-legal factors: Race, victim attributes Police Discretion

Slide26: 

Better behavioral and performance characteristics Fewer on-the-job injuries and assaults Fewer disciplinary actions from accidents and force allegations Less sick time use Promotes higher aspirations Greater acceptance of minorities Decreases dogmatism, authoritarianism, rigidity and conservatism Lessens citizen complaints However, there is no evidence that education improves an officer’s street performance. Some of the Benefits of Higher Education in Policing

Minorities in Policing: 

Minorities in Policing First African American officer: Hired in 1861 in Washington D.C. Today in larger cities( over 250,000): 20% of police Hispanics: 14% of police Most minorities report distrust and a lack of confidence in police. Police departments are making concerted efforts to attract minority officers…especially in large urban areas where the population is more diverse. Double Marginality: the social burden of being both a minority group member and a law enforcement officer.

Slide28: 

16% of all sworn police officers in cities with populations greater than 250,000; 11% of all departments combined Role of women in policing is restricted by: Social barriers including: Gender conflict (Hard chargers vs. station queens) Jealousy/racial gender conflict: African American women perceive significantly more racial discrimination than other female officers or African American male officers. These officers are afraid that they will take their place. Stereotyping: e.g., physically weak, emotional, lazy, etc. Women in Police Work

Slide29: 

Administrative barriers including: Under-representation at senior administrative levels Selective utilization of their skills and training (e.g., station queens) Lack of peer acceptance in a male dominated occupation Women in Police Work (cont.)

Slide30: 

Are less likely to use a firearm in a violent confrontation than male officers Are more emotionally stable than male officers Are less likely to seriously injure a citizen than male officers Are no more likely to suffer injuries than their male partners Are more likely to receive more support from the community Are less likely to engage in improper conduct Research Results About Women in Policing

Slide31: 

External stressors: politics, verbal abuse from public, negative media, anti-policing judiciary Organizational stressors: Low pay, changing police role, arbitrary rules, limited opportunity for advancement. Duty stressors: rotating shifts, work overload, danger Individual stressors: discrimination, marital difficulties, personality problems. Categories of Police Stressors

Slide32: 

Policing is not the only criminal justice job that produces stress Because of the public nature of policing, citizens sometimes suffer from the effects of police stress There are many sources of negative stressors in policing that may act in concert to produce a synergism. Not all officers respond similarly to stressors so police stress is a difficult topic to study. Police and Stress

Slide33: 

Police have a significantly high rate of premature death due to stress related disease. Poor work performance Depression/suicide Alcoholism Divorce Violence The Effects of Stress

Slide34: 

Abusive language Unnecessary/excessive use of force or coercion Threats Harassment Police Brutality: What is it?

Slide35: 

Not as common as the media would have us believe: In 1999, about 422,000 incidents (1% of all police citizen contacts) involved the use or threatened use of force 20% of the total was the threat of use of force only 20% of those reporting use of force against them reported no injury 10% of all officers account for 90% of use of force problems. How Common is the Use of Force Today?

Slide36: 

About 2% of African-Americans and Hispanics experience police use of force or threatened use of force while only 1% of whites experience the same Some authorities argue that race is a main factor in the decision to use force; others contend that individual behavior is the primary determinant regarding the use of force. Inconclusive evidence…however, the perception that you have been “hassled” affects your perceptions of legitimacy regarding the police force. Race and Force

Slide37: 

Violence levels: the higher the levels of violence in a community, the more likely it is that deadly force will be used. The perception of danger. Exposure to violence: Are suspects actually violent? If so…the mentally ill are problematic. Workload of officers: over exposure to stress, heavy work load, long hours. Availability of firearms (gun density): Perception or actuality of danger. Social conflict: Highest number of shootings in poverty stricken areas. Areas where economic opportunity is blocked or reduced. Administrative policies: Restricting use of force lowers number of shootings. Race: Based more on other variables than race (e.g., violence, use of weapon, etc.) Factors Related to Police Shootings

Slide38: 

Tennessee v. Garner Officers may not use deadly force to capture a fleeing, non-violent, unarmed suspect. Graham v. Conner Force is excessive when, considering all the circumstances known to the officer at the time he or she acted, the force used was unreasonable (e.g., the officer cannot be held accountable for shooting a deaf suspect who failed to follow verbal orders to stop). Controlling Use of Deadly Force

Slide39: 

Different approaches have been used to curb the use of force in departments. Some of these approaches include: Detailed “rules of engagement” procedures Force-Related Integrity Testing Civil judgments against police officers, their superiors and the departments Demilitarization Additional training related to special populations Curbing the Use of Force

Slide40: 

“Less-than-lethal” Weapons Pepper Spray (63 Deaths attributed) Bean Bag Guns (12 deaths attributed) Rubber, wood, polyurethane bullets Tasers (some deaths attributed due to poor health of suspects…problem on overweight people). In development: Guns that shoot giant nets Guns that shoot sticky foams Extremely bright lights Are There Alternatives to Lethal Weapons?

Police Subculture: The Asshole (Van Maanen: 

Police Subculture: The Asshole (Van Maanen Police typifications: Ritualizing police-citizen interactions: Suspicious persons: appear furtive and may have done something…or may do something soon. Due process/professionalism adhered to…and complied with. Assholes: Defined by their attitude and behavior toward police. Challenge to authority. Harsh, extra-legal treatment (“street justice.”) to rectify personal insult. (e.g., Rodney King). Know nothings: “average” Citizens who have been wronged…Courteous treatment by police

Police Deviance: 

Police Deviance The police officer’s position is very powerful and they are susceptible to a variety of temptations. Violations of: Ethical standards: Internal notions of right and wrong (e.g., taking tips or gratuities) Organizational standards: Formal and informal rules of department Legal standards: standards of due process, use of force, acts that are normally considered criminal

4 kinds of police deviance (Kappeler, et al.): 

4 kinds of police deviance (Kappeler, et al.) Police crime: Using police authority to violate the criminal code Occupational deviance: Deviance which is not necessarily criminal….but does not conform to standards and which occurs under the guise of police authority. Police corruption: Using police power and authority for personal gain, primarily cash or goods and services that have cash value. Abuse of authority: 3 elements 1)Physical abuse through excessive force 2)Psychological abuse through verbal assault, harassment, or ridicule. 3)Violation of an individual’s legal rights

Stages of Deviance: “Getting Bent” (a slippery slope): 

Stages of Deviance: “Getting Bent” (a slippery slope) It is argued that little acts of police deviance lead to larger acts: 1) Minor “perks”: free meals & etc. 2) ‘Protection”: police officer hangs around a business in order to receive free drinks, food & etc. and provides additional security to owner. 3) Regulative crimes: taking money rather than giving a ticket for example. 4)Gambling: Taking a cut on illegal gambling operations. 5) Prostitution: Taking physical or cash bribes from prostitutes or pimps. 6)Narcotics/drugs: Using, buying and/or selling drugs. They may use force to steal or extort drug dealers.

Types of Deviant officers: 

Types of Deviant officers Grass Eaters: accepts graft when it comes their way, do not actively solicit. Meat eaters: Aggressive officers who actively solicit opportunities for personal gain. 1972 Knapp Commission Conclusions: Grass eaters are more of a problem because they outnumber meat eaters. “Code of Silence”: Created a wall of silence around police deviance.

Theories of police corruption: 

Theories of police corruption Systemic theory of corruption: Corruption stems from the nature of police work If anti-corruption controls are ineffective, corruption will spread throughout the department Rotten apple theory of corruption: Individuals are corrupt before they were hired. They may corrupt the entire department.

Police deviance today: 

Police deviance today Large Urban areas: Continues to be a problem. But is representative of deviance in small departments. Today’s investigations typically focus on “meat eaters” or a small handful of especially deviant officers. Do not uncover the “straight shooters” or others who knew what was going on.

Prevalence of deviance today: 

Prevalence of deviance today Code of silence makes it difficult to determine. 1994,1996, & 1998 case studies of officers: Anonymous survey’s (witnessed or participated) Sleeping on duty: 29.5% Police brutality: 39% Sex on Duty: 31% Police perjury: 22% Drinking on duty: 8% Racial harassment: 26% Sexual harassment: 8% Smoking pot: 20%

Tattoo-cop: Multnomah County: 

Tattoo-cop: Multnomah County Pled guilty to 1 misdemeanor harassment charge Lost police certification Forced to resign $2000 fine