Introduction to Criminal Justice

Chapter 7: Policing America: Issues and Ethics

What do people think of the police? It depends on:

◦ What you ask◦ Whom you ask◦ People’s prior experience

Overall, 59% of the public have “a great deal” or “quite a lot” of confidence in the police

Public Attitudes Toward the Police

Robert B. Mills, a pioneer in the psychological testing of police officers, believes that police applicants should possess the following psychological qualities:◦ Motivation for a police career.◦ Normal self-assertiveness.◦ Emotional stability under stress.◦ Sensitivity toward minority groups and social

deviates.

Qualities of a Successful Police Officer

Collaborative leadership skills A mature relationship with social authority Flexibility Integrity and honesty An active and outgoing nature

Qualities of a Successful Police Officer

Particularly important qualities are known as the three I’s of police selection.◦ The Three I’s of Police Selection

Intelligence Integrity Interaction skills

Nearly as important are common sense and compassion.

Qualities of a Successful Police Officer

The kind of people many departments need to attract often do not naturally gravitate to police work.

The major goal of recruiting is to cast police work as an attractive and sustaining career, even to those who might initially be turned off by it.

Police Recruitment

The average level of education in policing today is nearly two years of college.

College-educated police officers perform better on the job than less educated officers.

The advantages of hiring college-educated officers are the following:◦ Better written reports.◦ Enhanced communication with the public.◦ More effective job performance.◦ Fewer citizen complaints.◦ Wiser use of discretion.◦ Heightened sensitivity to racial and ethnic issues.◦ Fewer disciplinary actions.

Education

In many communities, selection of police officers is through a merit system.

Officers employed under such a system are hired and tenured (theoretically) if they meet and maintain the employment qualifications and performance standards.

They cannot be fired without cause.

Police Selection Process

The police officer selection process often includes:◦ Short application.◦ Detailed application, including complete work

history, references, and medical profile.◦ Medical examination.◦ Physical ability test.◦ Written examination.◦ Background investigation.◦ Psychological testing.◦ Oral interview.

Police Selection Process

The selection of a chief executive of a police agency is a crucial decision.

The selection process often involves:◦ Decision by a selection committee.◦ An executive search firm.◦ Several visits to the city.◦ Written exams.◦ Interviews.◦ Assessment center testing.

Selection of LE Executive

Introduction to Criminal Justice

Chapter 7: Policing America: Issues and Ethics

Discretion Stress Use of force Police corruption Professionalizing law enforcement

Issues in Policing

Patrol officers routinely use their discretion in deciding:◦ Where to patrol when not answering radio calls.◦ Whom to stop and question.◦ Which traffic violators to chase.◦ To ignore a minor violation in pursuit of something

more serious. Full Enforcement Selective Enforcement

Discretion

A number of significant factors affect discretion:

The nature of the crime. Departmental policies. The relationship between the victim and the

offender. The amount of evidence available. The preference of the victim. The demeanor of the suspect. The legitimacy of the victim. Socioeconomic status of the complainant.

Factors Affecting Discretion

Today police are required to intervene if crimes are committed, by:◦ mediating the dispute◦ separating the domestic partners, or ◦ arresting the perpetrator

Which tactic is appropriate is often decided by the officer.

Discretion and Domestic Violence

Racial profiling is of growing concern to law enforcement officials and to the public.

Often stops are “justified” by minor equipment or moving traffic violations that might otherwise be ignored.

At the root of the practice is racial profiling.◦ The stopping and/or detaining of individuals by

law enforcement officers based solely on race.

Discretion and Racial Profiling

Several methods are employed to control the amount of discretion exercised by police officers:◦ Close supervision.◦ Policies covering behavior in certain situations,

such as the use of force.◦ The threat of civil liability lawsuits.

Factors Limiting Discretion

A precise definition of brutality is not possible, but for many people, brutality includes not only excessive physical force, but also:◦ verbal abuse◦ profanity◦ harassment◦ threats of force◦ unnecessary stopping, questioning, and searching

of citizens

Use of Force

Tennessee v. Garner The use of deadly force is not justifiable

unless:◦ The arrest is for a felony.◦ The person effecting the arrest is authorized to

act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer.

◦ The actor believes that the force employed creates no substantial risk of injury to innocent persons.

Deadly Force

The actor believes that:◦ The crime for which the arrest is made involved

conduct including the use or threatened use of deadly force.

◦ There is substantial risk that the person to be arrested will cause death or serious bodily harm if his or her apprehension is delayed.

Deadly Force

Why is policing so susceptible to corruption?◦ Police have authority to enforce laws.◦ Police also have the discretion to not enforce the

law.◦ Police receive relatively low pay, but have

important responsibilities.◦ Police become cynical about the courts’ soft

treatment of criminals.◦ Society in general is ambivalent about vice.

Police Corruption

The Knapp Commission in 1972 identified two kinds of corrupt officers:◦ “Grass eaters”

Officers who occasionally engage in illegal and unethical activities, such as accepting small favors, gifts, or money for ignoring violations of the law during the course of their duties.

◦ “Meat eaters” Officers who actively seek ways to make money

illegally while on duty.

Types of Corruption

Ellwyn Stoddard identified a more complete list of police misconduct:◦ Bribery: accepting cash or gifts in exchange for

nonenforcement of the law.◦ Chiseling: demanding discounts, free admission,

and free food.◦ Extortion: the threat of enforcement and arrest if

a bribe is not given.

Types of Corruption

Favoritism: giving breaks on law enforcement to family and friends.

Mooching: accepting free food, drinks, and admission to entertainment.

Perjury: lying for other officers apprehended in illegal activity.

Prejudice: unequal enforcement of the law with respect to racial and ethnic minorities.

Premeditated theft: planned burglaries and theft. Shakedown: taking items form the scene of a

theft or a burglary. Shopping: taking small, inexpensive items from a

crime scene.

Types of Corruption

Some of the ways to control and reduce corruption in policing are:◦ High moral standards.◦ Police policies and discipline.◦ Proactive internal affairs investigations unit.◦ Uniform enforcement of the law.◦ Outside review and special prosecutors.◦ Court review and oversight.

Controlling Corruption