© 2003 Wadsworth Publishing Co.

Chapter FifteenPolice

Criminology 9th edition Larry J. Siegel

The Criminal Justice System

POLICEI

Courts and Corrections

Police as Gatekeepers of The Criminal Justice Process

Discretion and the Power to Arrest

Question

Can police behavior create criminality?If so, in what way?

Discretion

Freedom to act or judge on one’s own; there is a wide latitude of choice and action.

Most police officers use a high degreeof personal discretion in carrying out

daily tasks based on situational, legal, and extralegal factors.

This can result in such things as selective enforcement, discrimination,

violence and abuse.

How Is Discretion Controlled?

Legal mandates that dictate certain procedures.

Department policies, rules, regulations and orders. Rewards go to officers who obey; Punishments to those that don’t obey

Acceptance or rejection of the behavior by the police subculture.

Community structure, attitudes and beliefs.

Major Issues Regarding the Role of Police in Today’s Society

More sensitive to public concerns, i.e., community policing

Minority issues, i.e., inhouse as well as community wide

High visibility affects perceptions of behavior

Use of force and treatment of citizens

The Police PersonalityIsolation & Conflict = Stress

Negative Values:

Authoritarian

Suspicious

Racist

Hostility

Insecurity

Conservative

Cynical

The Police SubcultureCharacteristics

• Cynicism

• Clannishness

• Secrecy

• Isolation from others (The “blue curtain”)

• The need for solidarity

Race and Gender in Policing

Police and minorities

Do minority member police officers face any different pressures than do majority member police officers?

Race and force

Questions & Discussion

Does gender and race of the police officer affect decision-making during routine stops?

During calls for service? During crowd control?

Explain Randall Kennedy’s position when he states that, “African Americans are the group most likely to

benefit from aggressive law enforcement efforts.”

Women in Police Work

Role of women in policing is restricted by:

social barriers including: gender conflict jealousy stereotyping

administrative barriers including: under-representation at senior administrative levels selective utilization of their skills and training

Question

How effective are female police officers as compared to male police officers?

Do minority female police officers face unique issues?If so, explain.

Research Results About Women in Policing

Women are less likely to use a firearm in a violent confrontation than male officers.

Women are more emotionally stable than male officers.

Women are less likely to seriously injure a citizen than male officers.

Women are no more likely to suffer injuries than their male partners.

Patrol Functions

Law enforcement functions: arrest, investigations, participating in trials, and deterrence.

Order maintenance functions: resolving conflict, vehicular and pedestrian control, and maintaining civil order.

Service functions: aiding individuals, providing emergency medical services, public education, and maintaining police services.

Does Patrol Work:The Kansas City Study

Variations in patrol techniques (normal, proactive, and reactive) had very little effect on crime and citizens’ attitudes towards the police.

Four Investigative Functions

Suspect identified & detective

gathers evidence.

No suspectidentified & detective

seeks identity.

No suspect, no crimebut a hunch

something may be up& therefore needs

watching.

Maintainingsurveillance over

known suspect beforea crime is committed.

How Effective Are Investigations?

Much time is spent on nonproductive work. Chances of making an arrest are most closely linked

to when it was reported.

33% chance if reported in progress

10% chance if reported 1 minute later

5% if more than 15 minutes lapsed before reporting the crime

Community-Oriented Policing

Problem-solving is best done at the neighborhood level

not in some distant headquarters.

Locally situated police working with residents are a good

problem-solving team.

Police Encounters with Citizens

Community-Oriented Policing

Citizens must actively participate with police in fighting crime.

Power must be shared with local groups to give way to a

“bottom-up” decision-making process.

Community-Oriented PolicingWays of Reducing Fear

Police-community newsletter Community-organized response team Citizen contact program - keeps individual officers in the same part of the city Victim re-contact program Police community contact center staffed by patrol officers, civilian coordinators and aides.

Problem Oriented Policing

Based on the premise that police departments were devoting too many of their resources

to reacting to calls for service and too little to

“acting on their own initiative to prevent or reduce community problems”

Principles of Problem Oriented Policing

A problem is something that concerns the community not just police officers.

A problem is a group or pattern of incidents, i.e., gang hangouts, street level drug dealers, or prostitution rings.

Police must be aware of competing interests, and respect them in dealing with the problem.

Problem solving is a long-term strategy.

Problem solving requires an increased level of creativity and initiative on the part of the patrol officers.

Hot Spots of Crime

Hot spot mapping is an example of Problem Oriented Policing.

This concept concentrates on a relatively few locations

that produce a significant portion of all police calls.

Geographic Information Systems and Auto Theft in Portland, Oregon

Police and the Rule of Law

Balancing the needs of efficient law enforcement with the

constitutional rights of citizens.

Custodial Interrogation Miranda v. Arizona (1966)

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.

5th5th

Search and Seizures andthe Exclusionary Rule

4th Amendment Protection

Weeks v. United States - established the exclusionary rule for the federal court.

Wolf v. Colorado - warned states that the exclusionary rule may apply to them.

Mapp v. Ohio - exclusionary rule applies to state court actions.

Police and Violence

What is excessive use of force?

Where does verbal abuse or harassment factor in within today’s community policing?

Police Brutality What is it?

Abusive language Unnecessary use of force or coercion Threats Harassment

Those most likely to have force used against them are Those most likely to have force used against them are those who show those who show disrespect disrespect for the police for the police

onceonce they have been arrested.they have been arrested.

Deadly Force Data suggests about 250

people are killed by the police each year. Unreported data indicate this number may actually approach 1,000 each year (however, 51 officerskilled in the line of duty in 2000).

A disproportionate number of police shootings involve minorities. However, if such factors as armed suspects, violent crime and attacks on officers are considered, racial differences are insignificant.

Factors Related to Police Shootings

Characteristics of the police jurisdiction

Exposure to violence

Workload of officers

Availability of firearms (gun density)

Social variables of individuals in the area

Administrative policies

Race of officer and suspects

Controlling Use of Deadly Force

Tennessee v. Garner (1985)

Put an end to any local police policy that allowed officers to shoot unarmed or non-dangerous offenders if they resisted or attempted to flee.

Administrative Policies

State and Local policies and review boards. Accountability.

Federal Crime Control Act of 1994.

Personal philosophies of the chief and department affect control of deadly force.

Question

What trends will influencepolicing during the coming decade?