issues in policing: professional, social, and legal

Issues in Policing: Issues in Policing: Professional, Social, and Professional, Social, and

LegalLegal

Who Are the Police?Who Are the Police?

Demographics◦ Almost all officers in early departments were white

males; tended to be recruited from working classes; a social mobility ladder

◦ For past 50 years departments have made concerted effort to attract women and minority officers

◦ From 1987 to 2012 minority representation increased on local police departments from 14.5 percent to 22.7 percent

◦ In sheriff’s offices minorities increased from 13.4 percent to 28.1 percent

◦ Women now comprise about 32 percent of police personnel

Who Are the Police? (cont.)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 and subtle.


Women in policing◦Los Angeles Police appointed first woman police officer in 1910

◦1964, Civil Rights Act◦Today, about 32 percent of all officers are female, and some have reached the top

◦still experience difficulties and struggle for acceptance by male officers

◦Report higher levels of job stress than males◦Research supports females are highly successful in policing


Research shows that female officers differ little in their performance from male officers (despite fears form male officer)

Are just as tough and effective as male officers

Female officers perform somewhat better than males in◦Handling situations without resorting to force ◦Attracting fewer complaints◦Dealing with problem populations


Minority women◦Account for less than 5 percent 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

◦Female minority officers subject to “double marginality”

Who Are the Police, contWho Are the Police, cont

Gay police officers◦Great difficulty getting accepted by other male

officers◦Have fewer legal protections against

discrimination than minorities and women◦Can be subject to “triple marginality” (e.g., a

gay, female, Hispanic officer)


Police education◦Very few agencies require a college degree◦Percent of departments requiring some college

(AA degree) has risen from 19 percent to 37 percent

◦88 percent of departments recognize college education is an important element in promotion decisions

Who Are the Police?Who Are the Police?

Benefits of hiring college educated officers:◦Better written reports◦Enhanced communication with the public◦More effective job performance◦Fewer citizen complaints◦Wiser use of discretion◦More sensitivity to racial issues◦Fewer disciplinary actions

But little evidence that more formal education makes for more effective crime fighters

The Police ProfessionThe Police Profession

The police occupational culture◦Experience of becoming a police officer and the

nature of the job causes most officers to band together in a subculture characterized by attitudes which differ from other occupations

◦Subculture contributes to creation of the “blue curtain” effect where officers isolate themselves and are isolated by others from society.

The Police Profession (cont.)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 – noble cause corruption◦Members of the public are basically unsupportive

and unreasonably demanding.◦Patrol work is the “pits” – detective work is

glamorous and exciting.◦The police are the “thin blue line.”


The police working personality◦Occupational environment creates the working

personality: Cynicism, authority and control, conventionality,

humor The Symbolic Assailant Danger is exciting Force is righteous

◦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.


Policing styles: organizations ◦Watchman◦Service provider◦Enforcer

Policing styles: individual ◦Crime fighter◦Social agent◦Law enforcer

Policing StylesPolicing Styles

The Impacts of Police CultureThe Impacts of Police Culture

Why do beliefs and attitudes matter? Police culture and styles impact:

◦How discretion is exercised◦The incidence and prevalence of corruption◦The use of force◦View on the recruitment of minorities and women: resistance and denial that can do the job

◦Views by rank and file of superiors◦Everything that cops do

How Do Cops make Decisions in How Do Cops make Decisions in Encounters?Encounters?

Police work under conflicting demandsHave to balance:

◦Law - the latest from the courts◦Organization - what the chief wants,

organizational rules◦Public - especially in Community Oriented

Policing◦Peers and fellow workers – advice and

assistance◦Personal values and beliefs on right and wrong◦The specific characteristics of each encounter

Police Discretion in Police Discretion in EncountersEncounters

Low-visibility decision makingLegal factors

◦Police discretion inversely related to severity of offense

Environmental factors◦Community expectations impact 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.)Police Discretion (cont.)

Departmental factors◦Organizational policies, practices, customs, and

supervision

Peer pressure◦What other cops would do


Situational factors◦Immediate interaction with offender, citizen, or

victim◦Demeanor and behavior of person encountered◦How the encountered was entered: proactive or

reactive◦Nature of the offense◦Public or private space◦Presence of bystanders◦Reason for the encounter – suspicion, probable

crime


Extralegal factors: Who are the police dealing with in encounters?◦Age◦Gender◦Income◦Race

Police DiscretionPolice Discretion

Racial (and other) profiling◦Using non-legal factors to shape decisions (e.g.,

traffic enforcement) Whom to stop How to conduct the stop – language Outcomes of the stop – warning, citation, arrest

Racial profiling it unconstitutional and illegal

It is extremely offensive to those stoppedImpacted by police culture prevalent in an

organization

Problems of PolicingProblems 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 and drug use,

depression, health problems, aggressive behavior towards others and self, even suicide

Problems of Policing (cont.)Problems of Policing (cont.)

Causes of stress◦24-hour duty◦Risk of death◦internal conflict with administrative policies◦conflict over job definitions (e.g., the utility of

community oriented policing)◦personal lives◦poor training and substandard equipment◦inadequate pay – lack of opportunity◦job dissatisfaction◦overwork and lack of sleep


Four categories of stressors◦External stressors◦Organizational stressors◦Duty stressors◦Individual stressors

Problems of Policing, cont.Problems of Policing, cont.

Combating stress◦Less work - no second jobs, overtime◦Relaxation meditation◦Biofeedback therapy◦Stress management◦Involving family members in the process

Male and female officers have somewhat different styles of dealing with stress


Police and violence◦Out of 45 million contacts only about 1.5

percent involved use or threatened use of force. Minorities more likely than whites to experience

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

◦Most common use of force is verbal commands, physical restraint, pushing, or grabbing.

◦Cities with large African American populations experience the highest amount of deadly force.

Police use of forcePolice use of force

The multiple determinations when and how is force used by cops◦ Legal restrictions: Tennessee v Garner, defense of life

principle◦ Organizational rules: regulations on use◦ Professional ethics: ladder of force◦ Police culture: need to control, protect, sense of danger,

force is righteous, it works◦ Peer pressures: what other cops are doing◦ Situational factors and assessments of persons

encountered: threat, danger ◦ Public demands: “do something,” get rid of undesirables

Ladder of ForceLadder of Force


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, less experienced, and more

gung ho


Curbing violence◦Better recruitment to weed out violence prone

individuals◦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 (to prevent deadly

violence)


Factors related to police shooting◦Perceived threat in the situation◦Immediacy of threat◦Community threat levels◦Exposure to violence◦Ambiguities in administrative policies, lack of

training, lack of supervision◦Racial discrimination (sometimes)


Controlling deadly force◦Fleeing felon rule◦State laws◦Department internal reviews

Problems of Policing, contProblems of Policing, cont

Police as victims◦ About 50-60 officers are killed feloniously each year in

the line of duty. ◦ About 80 die in job-related accidents across the

countryCitizens as victims – how many people are

killed by police?◦ No accurate national statistics◦ Estimates range from about 5 to 8 times as many people

are killed by police than officers are killed by people◦ Have to differentiate between “good” police killings and

“excessive force” killings – no national statistics on that either


Corruption◦Extent and pervasiveness of corruption is

mostly guesswork◦Knapp Commission

Meat eaters and grass eaters◦Mollen Commission◦Sherman’s Typology

“Rotten apples” and “rotten pockets” pervasive unorganized corruption pervasive organized corruption


Categories of corruption◦Gratuities and the “slippery slope”◦Noble cause corruption: lying, violations of law◦Non-performance of duties: sleeping,

“copping,” avoiding work◦Material gains: money, services◦Selective enforcement or non-enforcement of

laws◦Extortion and active criminality (if done under

color of law)

Controlling CorruptionControlling Corruption

External controls:◦Civilian Review Boards◦Media attention and exposure◦Complaints and law suits◦Federal consent degrees and oversight monitors

Internal controls:◦Internal affairs units ◦Administrative sanctions and controls◦Public relations offices

Police and the law:Police and the law:

Law is the shield against arbitrary government power (Fourth, Fifth and Fourteenth amendments)

Substantive law (authorizes police power) and procedural, due process law (restrains the exercise of police power)

Law is what the courts say: retroactive (e.g., exclusionary rule)

Police culture and law: law is a tool and a hindrance, flexible◦Law is a game – how far can the police go?

Legal Control of PolicingLegal Control of Policing

4th 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, and identify the place to be searched and property to be seized.

◦Surveillance and the principle of curtilage and private space (e.g., listening in on phone conversation, thermal imaging, body scans require probable cause)

Legal Control of Policing (cont.)Legal Control of Policing (cont.)

◦Warrantless searches: when are they legal? Terry stops (field interrogations, stop and frisk)

but require “reasonable suspicion” Incident to lawful arrest The special case of automobiles, airports, and

planes Consent Plain view Public danger Seizure of nonphysical evidence – overhear a

conversation

Identification of suspectsIdentification of suspects

Pre-trial identification: line ups◦Non bias◦Witness credibility◦Excessive publicity: “perp walk”


Custodial interrogation◦5th Amendment◦Miranda v. Arizona, 1966 – warning has to be

given before interrogation 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 gathered confessions and statements

are generally inadmissible.


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


The Exclusionary Rule◦A legal rule first stated in 1914 by the Supreme

Court to control misconduct by police officers ◦All evidence obtained by unreasonable searches

and seizures, coerced confessions or other violations of Constitutional rights 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 or out of date.


Critics argue exclusionary rule allows guilty to go free.

Research shows less than 1 percent of cases are dismissed because of the rule.

Alternatives to Exclusionary Rule◦ Administrative policies which support good police work and

sanction bad work◦ Criminal prosecution of officer who violate constitutional

rights◦ Internal police control◦ Civil lawsuits against state or municipal officers◦ Federal lawsuits against the local government◦ Contingent exclusionary rule

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issues in policing: professional, social, and legal

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