© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Chapter 6Policing:

Issues and Challenges

Scott Moller, JD

Introduction to Administration of Justice

© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

6.1

6.2

6.3

6.4

Describe dangers, conflicts, and stress that police face.

Describe police corruption and ways to build integrity.

Describe the police working personality and subculture.

Describe the changed role of US police post-9/11.

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6.5 Describe civil liability issues associated with policing.

6.6

6.7

6.8

6.9

Show why professionalism and ethics are vital in policing.

Summarize guidelines for using force and for determining when excessive force has been used.

Describe racial profiling and biased policing, including why they have become significant issues in policing.

Suggest ways to address diversity issues in policing.

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.1Describe the police working personality, relating it to police subculture.

Police Subculture/Working Personality6.1

4

Police subculture: Set of informal values which characterize the police as a distinct community with a common identity; informal socialization plays a bigger role than police academy training.Watch these: End of Watch video (3:01) | Training Day video (4:58)

Police Personality: Characteristics• Authoritarian – to control emotional, confrontational situations• Suspicious, Cynical, Secretive – useful in investigations• Loyal, Honorable – necessary to uphold the law• Conservative, Individualistic, Dogmatic/rules-oriented• Defensive against outsiders – code of silence video (2:38)

Police Personality: Sources• Some aspects exist in people drawn to police work, e.g.,

conservatives defending middle-class values• Other aspects are created via

socialization into the police subculture

How can police subculture be changed?• External: investigations, monitoring• Internal: new hiring and training

practices• Internalized: – focus on

professionalism

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.2Describe different types of police corruption and possible methods for building police integrity.

Police Corruption6.2

6

While most police perform honorably, policing is ripe for corruption (abuse of police authority for gain) because it is highly discretionary, coercive, and routinely takes place in private settings, in the presence of witnesses often regarded as unreliable.

Police corruption has been divided into two categories:1. Occupational deviance – for personal gain, e.g., bribes2. Abuse of authority – for organizational gain, e.g., using

physical force to coerce confessions

A History of US Police Corruption• 1931 Wickersham Commission – Political Era ends; Reform Era

begins• 1970 Knapp Commission - Video: Protection Rackets (3:35)

• Video: Serpico’s dilemma (5:01)| Video: Serpico now (4:28)• Divided corrupt police into:

1. Grass Eaters – passively accept corrupt activity2. Meat Eaters – actively seek corrupt activity

• 1993 Mollen Commission – described more aggressive corruption • 2000 LAPD Rampart Division (CRASH)

• Videos: 1 (15:00) 2 (15:00) | News (2:54)

High Level Corruption

Violent Crime – abusing, torturing, killing suspects

Denial of Civil Rights – routinized schemes to deny rights, planting evidence, etc.

Criminal Enterprise – reselling drugs, etc.

Property Crimes – Police theft, etc.

Major Bribes

Role Malfeasance – biased testimony, destroying evidence

Being Above “Inconvenient Laws”

Minor Bribes

Playing Favorites – letting friends go

Gratuities – free meals, coffee

Low level corruption

Philadelphia Police Corruption Exposed, Possible Remedies – video (2:27)

Range of Police Corruption6.2

Building Police Integrity

8

WHY IS CORRUPTION DIFFICULT TO CONTROL?

• Officers reluctant to report corrupt activities

• Administrators reluctant to acknowledge the existence of corruption

• Corrupt transactions benefit the parties involved

• Lack of victims willing to report corruption

• Differential association says that frequent continued association makes associates similar

• Internal affairs – The branch of a police organization tasked with investigating charges of wrongdoing

• Drug testing of police is lawful where there is reasonable suspicion of abuse.

6.2Law Enforcement

Oath of HonorOn my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the Constitution, my community, and the agency I serve.

Law Enforcement Code of Ethics

(POST)

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.3Describe dangers, conflicts, challenges, and sources of stress that police officers face in their work.

Dangers of Police Work6.3

10

On any given day, officers are exposed to:• External dangers

• Violence, bites, cuts, hazardous substances• Disease, bodily fluids, body removal

• Internal dangers• Stress and fatigue – long, irregular hours, facing

stressful situations, held to high standards, seeing people at their worst, frustration

One week after Hurricane Katrina, 2 NOPD officer suicides:

1. Paul Accardo (Dept. Spokesperson)2. Officer Lawrence CelestineVideo (27:37): Trooper Bobby Smith, Visions of Courage

Violence in the Line of Duty

11

According to an FBI study, most slain officers:• Good-natured and conservative in use of force• Perceived as well-liked, friendly, laid-back, and easygoing• Failed to wear protective vests

6.3

US Officers Killed in the Line of Duty, 2011

Police deaths in decline:• Increased officer

awareness• Body armor• Less-lethal weapons• Mandatory cuffing• Dashboard videos to

critique officer behavior

• Better armed police Areas of concern:• Need to educate police

about AIDS, anthrax, contamination

Sources of Officer Stress and Fatigue6.3

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.4Describe the changed role of American police in the post-9/11 environment.

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Post 9/11 Policing6.4Agencies at all levels now devote more time and resources to counter-terrorism.1. Intelligence Led Policing – Scientific use

of intelligence, broader than a single criminal investigation• Tactical – hardening targets, catching

criminals• Strategic – developing strategies and

allocating resources, seeing trends2. Information Sharing and Anti-terrorism

• LEO – National computer communications and information service

• NLETS – State criminal histories, homeland alert messages, immigration databases, AMBER alerts, hazardous materials notifications

3. Fusion Centers – JTTF, RTTF4. National Criminal Intelligence Sharing Plan

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.5Describe civil liability issues associated with policing, including common sources of civil suits against the police.

Remedies and Sources of Police Liability6.5Remedies for Police Misconduct1. Civil Remedies – e.g., sec. 1983 civil rights suits, Bivens actions2. Criminal Charges against officers - Idaho v. Horiuchi (2001)3. Non-judicial Remedies – e.g., suspension, demotion, termination4. Exclusionary Rule Remedies

Sources of Police Liability5. Failure to protect property in police custody6. Negligent care of suspects in police custody7. Failure to render proper emergency medical assistance8. Failure to prevent a foreseeable crime9. Failure to aid private citizens10. Lack of due regard for the safety of others11. False arrest/False imprisonment12. Inappropriate use of force, assault, battery13.Malicious prosecution14. Violation of constitutional rights15.Pattern of unfair/inequitable treatment16.Racial profiling

Civil Suits

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The most common sources of civil liability are assault, battery, false imprisonment, and malicious prosecution.• Biscoe v. Arlington County (1984) – police liable for bystander

injury• City of Canton, Ohio v. Harris (1989) – police failure to train• 1983 lawsuit – Federal civil suit brought under Title 42, Sec.

1983, US Code against any officer who denies constitutional right to life, liberty, or property without due process

• Bivens Action (Bivens v. Six Unknown Federal Agents (1971)) – A civil suit brought against federal government officials for denying the constitutional rights of others

In the past, the doctrine of sovereign immunity barred legal actions against state and local governments, but that is changing.• Qualified immunity

– Hunter v. Bryant (1991) – arrestee sued Secret Service agents– Saucier v. Katz (2001) – protestors sued federal agents– Pearson et al v. Callahan (2009) – held Saucier v Katz test for

qualified immunity, while valid, is not mandatory

6.5

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.6Describe racial profiling and biased policing, including why they have become significant issues in policing.

Racial Profiling and Biased Policing

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• Racial profiling – Police-initiated action based on race, ethnicity, or national origin, rather than behavior

– Violates 14th Amendment equal protection– Harms police/community cooperation– Is socially divisive

6.6

Racially Biased Policing: A Principled Response• 2001 PERF report recommends

that supervisors:– Monitor activity reports– Conduct spot checks and

regular sampling of in-car videotapes and radio transmissions for bias

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.7Summarize guidelines for using force and for determining when excessive force has been used.

Police Use of Force: Cases6.7

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Police use of force (deadly or non-deadly) must be objectively reasonable under the totality of the circumstances.

Graham v. Connor (1989) – Diabetic reaction misconstrued as intoxication led to police physical encounter, broken foot, cuts, bruises.Rule: Analyze excessive force claims under 4th Am. reasonableness standard, not substantive due process. Video (7:29)

Scott v. Harris (2007) – Harris led police on high speed chase, squad rammed his car, rendering him quadriplegic, he sued for excessive force.Rule: High-speed car chase threatened bystanders; ramming was reasonable under the 4th Am., even placing fleeing driver at risk of serious injury or death.

Tennessee v. Garner, 471 US 1 (1985) – Police shot fleeing burglar, per fleeing felon rule – common-law rule that authorizes deadly force to prevent the escape of all felony suspects, whatever the circumstances. USSC held this rule is constitutionally unreasonable.

FBI Policy: Use of Deadly Force6.7

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FEDERAL DEADLY FORCE POLICY – USED BY FBI

1. Defense of life – agents may use deadly force when they have probable cause to believe the subject poses imminent danger of serious physical injury or death to others

2. Fleeing felon – agents may use deadly force to prevent escape if they have probable cause to believe subject has committed a felony involving the infliction or threatened infliction of serious physical injury or death, and escape would pose an imminent danger of serious physical injury or death to others

3. Verbal warning – if feasible, and if doing so would not increase danger, agents should give a verbal warning before using deadly force

4. Warning shots – agents may not fire warning shots5. Vehicles – agents may not fire weapons solely to disable

moving vehicles

Police Use of Force Continuum6.7

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.8Demonstrate why professionalism and ethics are important in policing today.

Calls for Increased

Police Professional

ism

Issues

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Corruption

Danger

Liability

Police Professionalism6.8

Education and Hiring

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• Peace Officer Standards and Training (POST) program– Official program that sets standards for state, local

police• Federal Law Enforcement Training Center (FLETC)

in Georgia for non-FBI federal officers

• Benefits of hiring educated officers– Better written reports– Enhanced communication skills– More effective job performance– Fewer citizen complaints– Greater initiative– Wiser use of discretion– More sensitive to racial/ethnic issues– Fewer disciplinary problems

6.8

Recruitment and Selection Criteria– Personal

interviews– Basic skills tests– Physical agility

measurements– Medical exams– Drug tests– Psychological

evaluations– Background

investigations

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

6.9Identify issues related to ethnic and gender diversity in policing, and suggest ways of addressing them.

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Racial Diversity in Policing6.9The ranks of US police forces today display much greater ethnic diversity than ever before.

From 1990 to 2003:• Number of black police officers

increased by 14,800, or 37%• Number of Hispanic police officers

increased by 22,300 or 98%

2006 study found black police executives generally well accepted and integrated.

Annetta Nunn, joined the Birmingham Police, per a consent decree brought on by a discrimination lawsuit. She was promoted to Sergeant, then Lieutenant, then Captain, then Deputy Chief on March 24, 2000, and finally Chief of Police in 2003.

Gender Diversity in Policing

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• Women as effective police officers– Though underutilized in some departments, female officers are

no longer viewed as a unique presence in law enforcement.– Example: Vicki Myers is chief of both Pacific Grove and Seaside

police departments video (3:02)

• Benefits of increased female officer presence– Tend to use less physical force than male officers (more likely to

use chemical deterrents) ; less often accused of using excessive force

– May help to defuse/de-escalate confrontations– May possess enhanced communication skills– Facilitate cooperation and trust required in community policing– May respond more effectively to incidents of violence against

women

6.9

Departments are actively recruiting female officersPolice Chief MagazineSDPD Recruiting article

© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

The process of informal socialization plays a bigger role than formal police academy training in police subculture.

Internal Affairs investigates charges of corruption.

Police face physical and emotional hazards at work.

9/11 changed the focus of police to fight terrorism.

Police risk both criminal and civil liability in their work.

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6.1

6.2

6.3

6.4

6.5

Anti-racial profiling efforts include monitoring activity reports and communications, and spot checks.

A professional police officer demonstrates strictly ethical behavior both on and off duty.

6.6

6.7

6.8

There are five levels of use of force for police.