The Line Officer The Line Officer FunctionFunction

CJUS 104CJUS 104

Part 1: The Nature of Police Part 1: The Nature of Police WorkWork

I. I. The Police: who are they?The Police: who are they?

A.A. Police in the United StatesPolice in the United States

1. Refers to any branch of government with:1. Refers to any branch of government with:

(a) Preservation of public order / (a) Preservation of public order / tranquilitytranquility

(b) Promotion of: health / safety / morals(b) Promotion of: health / safety / morals

(c) Prevention / detection / resolution(c) Prevention / detection / resolution

2.2. Wear many titlesWear many titles

- police officer / peace officer / deputy - police officer / peace officer / deputy sheriff / state trooper / federal agent sheriff / state trooper / federal agent

- park ranger / game agent / liquor - park ranger / game agent / liquor control / control / gambling enforcement / drug gambling enforcement / drug control control officer / public lands officer / officer / public lands officer / etc.etc.

B. B. Conferred by state of employmentConferred by state of employment

- state delegates power- state delegates power

- power of the 10- power of the 10thth Amendment Amendment

““The powers not delegated to the The powers not delegated to the Unites Unites States by the Constitution, nor States by the Constitution, nor prohibited by prohibited by it to the states, are it to the states, are reserved to the states reserved to the states respectively, or to respectively, or to the people.”the people.”

1.1. Enables states / local governmentsEnables states / local governments

- establish a department of police- establish a department of police

2.2. Adopt laws / regulations as neededAdopt laws / regulations as needed

- prevent crime- prevent crime

3.3. Power conferred on sheriff / police chiefPower conferred on sheriff / police chief

- delegates this power- delegates this power

- work under administrators authority- work under administrators authority

C. C. Police responsibilitiesPolice responsibilities

- unique environment / constantly changing- unique environment / constantly changing

1.1. Based on: social / legal / economic / Based on: social / legal / economic / political political / intellectual forces/ intellectual forces

- combination to create unique - combination to create unique environmentenvironment

- substantial influence on police behavior- substantial influence on police behavior

a. Affects all to some degreea. Affects all to some degree

- determines where / when to enforce- determines where / when to enforce

- which laws to enforce / to ignore- which laws to enforce / to ignore

- - QuestionQuestion??

2. Distinguished from other social institutions2. Distinguished from other social institutions

- distinct government entity- distinct government entity

- actions controlled forces in environment- actions controlled forces in environment

- forces external to police organization- forces external to police organization

D. D. Primary shapers of policePrimary shapers of police

-society / government-society / government

1. Interdependence of the two1. Interdependence of the two

- terms often interchangeable- terms often interchangeable

- society cannot exist = formal government- society cannot exist = formal government

- government cannot exist = social - government cannot exist = social structurestructure

2. Where do police fit in?2. Where do police fit in?

- operate within a government sturcture - operate within a government sturcture

- which branch of government?- which branch of government?

- developed to protect / to serve- developed to protect / to serve

a. Government’s enforcement arma. Government’s enforcement arm

- insure compliance with- insure compliance with

- making / carrying out public policy- making / carrying out public policy

b. Political processb. Political process

- determine what behavior not - determine what behavior not acceptableacceptable

- unacceptable: prevented / deterred- unacceptable: prevented / deterred

- responsibility of police- responsibility of police

c. Closely resemble society / governmentc. Closely resemble society / government

- totalitarian country = police are brutal- totalitarian country = police are brutal

- democracy = enforce accepted laws- democracy = enforce accepted laws

E. E. Police and the lawPolice and the law

- distributed thru several government levels- distributed thru several government levels

1. Federal / state / local agencies1. Federal / state / local agencies

- various types of police organizations- various types of police organizations

- each agency = unique laws to enforce- each agency = unique laws to enforce

- unique set of responsibilities- unique set of responsibilities

2. Agencies are decentralized (40,000)2. Agencies are decentralized (40,000)

- centralized agencies more effective- centralized agencies more effective

- decentralized more responsive and - decentralized more responsive and

accountable to the people servedaccountable to the people served

- governments: do not want to lose - governments: do not want to lose powerpower

of enforcementof enforcement -- Question?Question?

F. F. Police enforce the lawPolice enforce the law

- binding rules / regulate conduct / provide- binding rules / regulate conduct / provide

sanctionssanctions

1. The law serves to:1. The law serves to:

a. Legitimize social structure - a. Legitimize social structure - questionquestion??

b. Regulate social conduct - b. Regulate social conduct - questionquestion??

c. Regulate freedom - c. Regulate freedom - questionquestion??

d. Resolve disputes - d. Resolve disputes - questionquestion??

2. Laws govern police (control)2. Laws govern police (control)

- also reason for their existence- also reason for their existence

a. Two types of laws that affecta. Two types of laws that affect

- substantive / procedural- substantive / procedural

a. Substantive – criminal statutes to controla. Substantive – criminal statutes to control

b. Procedural – proscribe how police applyb. Procedural – proscribe how police apply

- deadly force / arrest / breath test- deadly force / arrest / breath test

G. G. Police powerPolice power

- sovereign right of any government- sovereign right of any government

- promote order / safety / health / morals /- promote order / safety / health / morals /

general welfare within constitutional limits general welfare within constitutional limits

1. Misuse of police power1. Misuse of police power

- violation of constitutional rights- violation of constitutional rights

- go beyond scope of your power- go beyond scope of your power

- can be a criminal action filed- can be a criminal action filed

- can be a civil action filed- can be a civil action filed

H. H. Roles and functions of policeRoles and functions of police

- perform wide range of tasks / activities- perform wide range of tasks / activities

1. 1. Law enforcement functionsLaw enforcement functions

- investigate criminal activity- investigate criminal activity

- arrest perpetrators of crime- arrest perpetrators of crime

- serve warrants- serve warrants

- interrogate suspects / interview witnesses- interrogate suspects / interview witnesses

2.2. Order maintenance functionsOrder maintenance functions

- clear areas of unwanted people- clear areas of unwanted people

- intervene in noisy gatherings / parties- intervene in noisy gatherings / parties

- breakup fights- breakup fights

- investigate suspicious persons / situations- investigate suspicious persons / situations

3. 3. Miscellaneous servicesMiscellaneous services

- assist people (lost / stranded)- assist people (lost / stranded)

- provide information (death notices)- provide information (death notices)

- traffic enforcement – citations / - traffic enforcement – citations / accidentsaccidents

- provide emergency services (injuries)- provide emergency services (injuries)

I. I. Overview of criminal justiceOverview of criminal justice

- private sector usually initiates response- private sector usually initiates response

1. Responsible for crime prevention1. Responsible for crime prevention

- active participation in reporting process- active participation in reporting process

2. Includes commitment to stop criminal acts2. Includes commitment to stop criminal acts

- not engaging in criminal acts- not engaging in criminal acts

- not condoning crime when committed- not condoning crime when committed

3. Participate through policymaking3. Participate through policymaking

- public decides how police operate- public decides how police operate

- what resources are available- what resources are available

- help establish goals / objectives- help establish goals / objectives

4.4. Apprehend / try / punish offendersApprehend / try / punish offenders

- loose confederation of agencies- loose confederation of agencies

a. No single justice system in this countrya. No single justice system in this country

- similar / but uniquely individual- similar / but uniquely individual

b. Cases can / are handled differentlyb. Cases can / are handled differently

- police procedures / state laws different- police procedures / state laws different

- administrative practices / police training- administrative practices / police training

- common area: guaranteed due process- common area: guaranteed due process

J. J. Ethical policingEthical policing

- ethics / values / principles / morals / integrity- ethics / values / principles / morals / integrity

- “- “buzz wordsbuzz words” within our contemporary culture” within our contemporary culture

1. Become almost meaningless today1. Become almost meaningless today

- thrown about by politicians / talk-shows / - thrown about by politicians / talk-shows /

even society as a wholeeven society as a whole

- may lost meaning but not their - may lost meaning but not their importanceimportance

- still strive to hold society to moral - still strive to hold society to moral standardstandard

a. Ethical standards in differing professionsa. Ethical standards in differing professions

- US Senate = “- US Senate = “ethics committeeethics committee””

- ABA = cannons of judicial ethics and- ABA = cannons of judicial ethics and

Code of Professional ResponsibilityCode of Professional Responsibility

- doctors swear to “- doctors swear to “Hippocratic OathHippocratic Oath””

- young men of the world: “- young men of the world: “Boy Scout Boy Scout OathOath””

b. Every profession / trade / corporation / b. Every profession / trade / corporation /

organization has a specialized moral organization has a specialized moral codecode

- defines ethical behavior required of it’s- defines ethical behavior required of it’s

membersmembers

2. Even with solemn / public oaths2. Even with solemn / public oaths

- news is full of ethical violations- news is full of ethical violations

a. Compromised senators and legislators / a. Compromised senators and legislators /

disgraced ministers-priests / disbarreddisgraced ministers-priests / disbarred

lawyers / doctors stripped of their licenselawyers / doctors stripped of their license

b. sixty Minutes = focuses on the unethicalb. sixty Minutes = focuses on the unethical

c. We see it constantlyc. We see it constantly

- few understand the concept of ethics- few understand the concept of ethics

- and application to our own lives- and application to our own lives

3.3. Law enforcement – expected to maintainLaw enforcement – expected to maintain

some of the highest ethical standardssome of the highest ethical standards

- highly visible members of the community- highly visible members of the community

- constantly being watched- constantly being watched

- rarely forgiving for ethical shortcomings /- rarely forgiving for ethical shortcomings /

breath of public trustbreath of public trust

4. Law enforcement also has a code of ethics4. Law enforcement also has a code of ethics

- solemn oath adopted by International- solemn oath adopted by International

Association of Chiefs of Police Association of Chiefs of Police

a. Academies require cadets to memorizea. Academies require cadets to memorize

- codes adopted by states / require each- codes adopted by states / require each

officer to swear toofficer to swear to

b. Media full of stories of b. Media full of stories of corrupt/discreditedcorrupt/discredited

police officerspolice officers

- excessive force- excessive force

- corruption / theft / burglary / murder- corruption / theft / burglary / murder

c. Code of ethics means very littlec. Code of ethics means very little

- swearing a code does not mean you- swearing a code does not mean you

understand itunderstand it

- understanding does not mean you- understanding does not mean you

uphold the ethicsuphold the ethics

5. Ethical values / principles / and 5. Ethical values / principles / and integrityintegrity

- cornerstone of law enforcement- cornerstone of law enforcement

- strong foundation to carry officers - strong foundation to carry officers throughthrough

their careerstheir careers

Ethical PolicingEthical Policing

CJUS 104 – definitionsCJUS 104 – definitions

1.1. CodeCode – any system of rules or – any system of rules or principles. Theprinciples. The

Law Enforcement Code of Ethics is a basic Law Enforcement Code of Ethics is a basic system of ethical rules for police officers.system of ethical rules for police officers.

2.2. EthicsEthics – the principles of conduct – the principles of conduct dealing with what is right and wrong, and dealing with what is right and wrong, and with moral duty and obligation. The rules with moral duty and obligation. The rules in the Code of Ethics describe the moral in the Code of Ethics describe the moral duties and obligations of police officers.duties and obligations of police officers.

3. 3. IntegrityIntegrity – closely related to honesty, – closely related to honesty, integrity is the firm and incorruptible integrity is the firm and incorruptible adherence to a code of moral values. To adherence to a code of moral values. To truly follow the Law Enforcement Code of truly follow the Law Enforcement Code of Ethics requires not only firmness but Ethics requires not only firmness but greater inner strength and character.greater inner strength and character.

4. 4. MoralsMorals – the judgments we make relating – the judgments we make relating to societal principles of right and wrong to societal principles of right and wrong behavior. The duties of a police officer behavior. The duties of a police officer under the Code of Ethics deal primarily under the Code of Ethics deal primarily with principles for rules about what is with principles for rules about what is “right” and what is “wrong.”“right” and what is “wrong.”

5. 5. OathOath – a formal and solemn – a formal and solemn commitment, usually asking God and commitment, usually asking God and others to witness that you sincerely others to witness that you sincerely intend to do what you say, and promising intend to do what you say, and promising that what you say is the absolute truth that what you say is the absolute truth when a police officer swears to the Law when a police officer swears to the Law Enforcement Code of Ethics, he promises Enforcement Code of Ethics, he promises that he intends to follow and obey these that he intends to follow and obey these rules and asks God and others to witness rules and asks God and others to witness and hold him accountable to that and hold him accountable to that promise.promise.

6. 6. PrinciplesPrinciples – a rule or code of conduct. – a rule or code of conduct. The Code of Ethics are the basic rule that The Code of Ethics are the basic rule that every police officer must follow and a every police officer must follow and a system of rules that must control your system of rules that must control your behavior both on-duty and off-duty.behavior both on-duty and off-duty.

7. 7. ValuesValues – a principle or quality that is – a principle or quality that is intrinsically desirable. These are the intrinsically desirable. These are the priorities that an individual gives to the priorities that an individual gives to the elements in his life and career based on elements in his life and career based on his ethics, morality, and integrity.his ethics, morality, and integrity.