Chapter 7Issues in Policing: Professional, Social and Legal

Who Are the Police?

Demographics

In most early departments officers were white males

For past 30 years departments have made concerted effort to

attract women and minority officers

From 1987 to 2000 minority representation increased on local

police departments from 14.5% to 22.7%

In sheriff’s offices minorities increased from 13.4% to 17.1%

Women now comprise more than 10% of police personnel

Who Are the Police? (cont.)

Minorities in Policing

First African American police officer hired in Washington, D.C. in

1861

Earliest minorities experienced discrimination by other officers

As number of minority officers increased, issue of discrimination

have become more muted.

Minority officers subject to “double marginality”

Who Are the Police? (cont.)

Women in Policing

Los Angeles Police appointed first woman police officer in 1910

1964, Civil Rights Act

Today 10% of all officers are female

still experience difficulties and struggle for acceptance

Report higher levels of job stress than males

Research supports females are highly successful in policing

Who Are the Police? (cont.)

Minority Women

Account for less than 5% of police officers

Report discrimination by all other officers on the force, including

African American male officers

One study found little unity among female officers in general

Who Are the Police?

Police Education

Most agencies still do not require college degree

Percent of departments requiring some college has risen from

19% to 37%

82% of departments recognize college education is an important

element in promotion decisions

Who Are the Police?

Benefits of higher education

Improved communication skills

Better writing skills

Fewer citizen complaints

Less disciplinary problems

Little evidence that education makes for more effective crime fighters

The Police Profession

The Police Culture

Experience of becoming a police officer and the nature of the job

cause most officers to band together in a subculture

characterized by cynicism.

Subculture contributes to creation of the “blue curtain” effect

where officers isolate themselves from others in society.

The Police Profession (cont.)

Core beliefs of the police subculture:

Police are the only real crime fighters.

No one else understands the real nature of police work.

Loyalty to colleagues counts above everything else

It is impossible to win the war on crime without bending the rules

Members of the public are basically unsupportive and

unreasonably demanding

Patrol work is the “pits” – detective work is glamorous and

exciting.

The Police Profession (cont.)

The Police Personality

The role of recruitment, selection, training, and the job have all

been examined as potential causes.

Research is inconclusive as to how the “police personality” is

developed or if one even exists.

Some research indicates police are cynical, dogmatic,

authoritarian, and suspicious.

Other research indicates they are more psychologically healthy

than the general population, less depressed, and more social.

The Police Profession (cont.)

Policing Style

Crime fighter

Social agent

Law enforcer

Watchman

Police Discretion

Low-visibility decision making

Legal Factors

Police discretion inversely related to severity of offense

Environmental Factors

Community expectations effect the amount of discretion officers

are expected to exercise

Officers who live in the community are more likely to adhere to

community expectations than those who do not.

Police Discretion (cont.)

Departmental Factors

Policies, practices, customs, and supervision

Peer pressure

Situational Factors

Immediate interaction with offender, citizen, or victim

Demeanor of offender

How the call was received

Nature of the offense

Police Discretion (cont.)

Extralegal Factors

Age

Gender

Income

Race

Racial profiling

Problems of Policing

Job Stress

Complexity of the police role

Need to exercise discretion

Stress linked to marital disputes and domestic violence

Stress can lead to alcoholism, depression, even suicide

Problems of Policing (cont.)

Causes of stress

24-hour duty

Risk of death

internal conflict with administrative policies

Conflict over utility of community oriented policing

personal lives

poor training and substandard equipment

inadequate pay – lack of opportunity

job dissatisfaction

Problems of Policing (cont.)

Four categories of stressors

External stressors

Organizational stressors

Duty stressors

Individual stressors

Combating stress

Relaxation meditation

Biofeedback therapy

Stress management

Involving family members in the process

Problems of Policing (cont.)

Police and Violence

Out of 45 million contacts only 1.5% involved use or threatened

use of force.

Minorities more likely than whites to experience

Young people (16-29) 3 times more likely to experience

Most common use of force is physical restraint, pushing, or

grabbing.

Cities with large African American populations experience the

highest amount of lethal violence.

Problems of Policing (cont.)

Problem Officers

A small proportion of officers are continually involved in use-of-

force incidents

Research shows a few officers are responsible for a significant

portion of all citizen complaints

Tend to be young and less experienced

Problems of Policing (cont.)

Curbing Violence

Specialized training programs

Use of early warning systems

Administrative policies to limit the use of force

Use of integrity testing programs

Threat of civil judgments against officers and supervisors

Use of non-lethal weapons

Problems of Policing (cont.)

Factors related to police shooting

Exposure to violence

National crime rates

Community threat levels

Administrative policies

Racial discrimination

Problems of Policing (cont.)

Controlling deadly force

Fleeing felon rule

Tennessee v. Garner

State laws

Department internal reviews

Police as Victims

50 officers are murdered each year in the line of duty.

80 die in job related accidents

Problems of Policing (cont.)

Corruption

Knap Commission

Meat eaters and grass eaters

Mollen Commission

Sherman’s Typology

“Rotten apples” and “rotten pockets”

pervasive unorganized corruption

pervasive organized corruption

Problems of Policing (cont.)

Categories of Corruption

Internal corruption

Selective enforcement or non-enforcement

Active criminality

Bribery and extortion

Use of Civilian Review Boards

Legal Control of Policing

Custodial Interrogation

Fifth Amendment

Miranda v. Arizona, 1966

Right to remain silent

Any statements may be used in court of law

Right to consult with an attorney and have present during

interrogation

If a person cannot afford an attorney, one will be appointed for

them

Improper statements are generally inadmissible.

Legal Control of Policing (cont.)

The Miranda Rule Today

Case law has been used to define boundaries of Miranda and to

create exceptions to its requirements.

Inevitable discovery

Public safety doctrine

Legal Control of Policing (cont.)

Fourth Amendment: Search and Seizure

All searches and seizures require probable cause.

As a general rule searches or seizures conducted without a

warrant are invalid.

Warrants must be obtained from the court and be supported by

an affidavit that establishes probable cause, identify the place to

be searched and property to be seized..

Legal Control of Policing (cont.)

Warrantless searches

Incident to valid arrest

Stop and frisk

Automobile search

Consent search

Plain view

Seizure of nonphysical evidence

Legal Control of Policing (cont.)

The Exclusionary Rule

All evidence obtained by unreasonable searches and seizures is

inadmissible in criminal trials

Under the “good faith exception” evidence is admissible if the police

acted in good faith on a warrant, even if the warrant is invalid.

Legal Control of Policing (cont.)

Critics argue exclusionary rule allows guilty to go free.

Research shows less than 1% of cases are dismissed because of

the rule.

Alternatives to Exclusionary Rule

Criminal prosecution of officer who violate constitutional rights

Internal police control

Civil lawsuits against state or municipal officers

Federal lawsuits against the government

Contingent exclusionary rule