Challenges to Effective Policing Chapter 6

Role of Discretion in Policing Justification for Police Discretion 1.Police officers considered trustworthy and make honest decisions regardless of contradictory statements by suspects 2.Experience and training give PO ability to determine what activity is a threat, and take reasonable action to investigate or prevent 3.PO knowledgeable in human/criminal behavior 4.PO must be able to protect themselves in dangerous situations

Role of Discretion in Policing cont. Factors of Police Discretion – LEO actions are guided by Constitution/courts – Influenced by subjective factors Beliefs, values, personality, and background – Four factors of discretion equation 1.Nature/seriousness of criminal act 2.Attitude of wrong doer toward LEO 3.Victim/Offender relationship (personal matter) 4.Department policy (need for flexibility)

Role of Discretion in Policing cont. Discretion and High Speed Pursuits – 35% of pursuits end in crashes (360 fatalities a year, 1/3 being innocent by standers) – 94% of LEA’s have pursuit policies; 61% restrict officers discretion – Policies have reduced crashes – Though USSC will back LEO’s actions regardless of departmental policies if LEO’s actions DO NOT SHOCK CONSCIENCE 2007, GA LEO caused crash of 19yo(now paralyzed) during 90mph pursuit on two lane road; supreme court ruled in favor of LEO

Role of Discretion in Policing cont. Discretion and Domestic Violence – VA law, primary aggressor SHALL be charged – What if no marks or physical evidence? LEO has SOME discretion at this point

Police Organization and Field Operations Structure of a Police Department – Dependent size of jurisdiction, crimes occurring, and demographics Miami/border states; drug smuggling=large amount of drug enforcement NY-population size, extremely diverse – Defined chain of command; delegation and allows for accountability – Allows for discipline and control

Police Organization and Field Operations cont.

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Police Organization and Field Operations cont. “Backbone” of department – Patrol is usually the largest division in the department, 67% of all officers in US perform patrol function-”jack of all trades” Deterence-visible police presence Maintain public order and sense of security Service available round the clock – Many “Community Service” related calls Who else is going to to them, lack of resources Community service delivery can help deter crime

Police Organization and Field Operations cont. Patrol Activities – 40% preventive patrol; being visible – 25% calls for service; responding to 911 or non emergency requests for service – 20% administrative duties; paperwork – 15% officer initiated activities; traffic stops, field contacts, proactive Noise, booze, violence

Police Organization and Field Operations cont. Police Investigations – Mainly reactive, limited scope of responsibility (who dunnit’) – Most detectives investigate common crimes (property crimes-larcenies) – Some proactive investigative units Narcotics & vice, gang units, intel units

Police Organization and Field Operations cont. Three categories of cases – Unsolvable cases; weak, not enough info to solve, even with extreme investigative effort – Solvable cases; moderate evidence/info, may require considerable investigative effort – Already solved cases; most if not all evidence already present, may require minimal effort to solve

Police Organization and Field Operations cont. Aggressive Investigative operations – Undercover operations – Use of confidential informants, ie. Snitches Clearance rates and cold cases – Main goal is to close cases – Clearance rates have been dropping since 1960 because of changing demographics, more impersonal crimes being committed – Departments created cold case squads

Police Organization and Field Operations cont. Forensic investigations and DNA – Practice of using science and tech to investigate crimes to determine: Cause of death or injury Time of death or injury Type of weapon used Identity of victim Identity of offender – Crime Scene forensics Trace evidence – Hair, semen, blood, fibers, glass, fingerprints, footprints

Police Organization and Field Operations cont. Crime Scene forensics cont. – Fingerprints; no two are alike, find matches of certain points, not infallible, there are cases of bad convictions – Bloodstain pattern analysis; examination of how blood landed at the scene, can tell distance and possibly how blood was moved about – Ballistics evidence Type of firearm, ammunition, distances, angles

Police Organization and Field Operations cont. DNA Revolution – Emerged mid 90’s – Shows genetic blue print of evidence – No DNA is alike except in identical twins – Odds determined of evidence coming from another person can reach 30mil:1 – FBI has DNA database (CODIS) which allow cold hits over time Has over 10 million samples Since 2011, has produced about 150,000 cold hits

Police Organization and Field Operations cont. DNA revolution cont. – Used initially for murders/rapes – Now new tech can pull DNA off of property and food helping to solve property crimes – Still imperfect Contamination can still happen Overworked labs Privacy issues being raised

Police Strategies Response time to 911 calls 40-60% of police activity is the result of 911 calls or non emergency citizen requests Incident-driven policing-reactive approach to policing that emphasizes a speedy response to calls for service Response time-3 mins or less to emergency call is usually a good goal

Police Strategies cont. Differential response-strategy used to differentiate between different calls for service based on seriousness General patrol – Making the rounds in a specific area; deterring and detecting Directed patrol – Focus on specific crime at specific time and/or place

Police Strategies cont. Kansas City PD conducted experiment in – Control beats; single auto drove streets when not answering calls – Proactive beats; 2-3 units patrolling – Reactive beats; only answered calls for service Proved that none of these techniques reduced crime, response time, reports

Police Strategies cont. Predictive Policing and Crime Mapping – Intelligence led; putting officers in the right place at the right time based on patterns – Finding the “hot spots” in order to use directed patrol/enforcement – CompStat; NYPD developed in 90’s, held precinct commanders accountable, used in many areas and believed to have reduced crime

Police Strategies cont. Arrest Strategies Reactive-observe while on patrol or out of calls for service Proactive-initiative taken by officers to target a specific type of crime or behavior “Broken window theory”-based on order maintenance, cracking down on quality of life issues

Police Strategies cont. Community Policing-emphasizes community support for and cooperation with the police in preventing crime. Problem oriented policing-looking past the short term fix and utilizing resources within and outside of the department to get to the root cause Police and Anti-terrorism – Training, equipment, specialty units Force multiplier for the Feds

Issues in Modern Policing: Us vs. Them Police subculture-values and perceptions that are shared by LEO’s of an agency, and to a certain extent all LEO’s Core values of the Police Subculture – Socialization of police officers; taught the values and expected behavior of the subculture

Issues in Modern Policing: Us vs. Them “Rituals” of acceptance into the subculture Police academy Working with senior officer/FTI 1 st Felony arrest 1 st use of force Using or witnessing deadly force for the first time Witnessing major traumatic incidents for the first time – “This is not a normal job”

Issues in Modern Policing: Us vs. Them Because of the lack of “normalcy”, LEO’s tend to insulate themselves from civilians-”they don’t get it” Because of constant exposure to people at their worst, POLICE CYNICISM is developed – Negative affects: misconduct, corruption, brutality

Issues in Modern Policing: Us vs. Them The Physical dangers of Police Work Officers Killed and Assaulted Average 58,000 assaults a year in last decade Average of 150 deaths in last decade – Deaths avoided since 1987, >3100 because of body armor, also trauma care has greatly improved especially in the last decade or so

Issues in Modern Policing: Us vs. Them Automobile crashes account for 40% of deaths-pursuits, responding to calls, or just being in the wrong place at the wrong time Stress and the Mental Dangers of Police work 1.Constant fear of being victimized 2.Exposure to violent crime and victims 3.The need to comply w/the law in nearly every job action 4.NEGATIVE MEDIA COVERAGE 5.LACK OF COMMUNITY SUPPORT

Issues in Modern Policing: Us vs. Them Internal pressures – Limited opportunities for career advancement – Excessive paperwork – Low wages/benefits – Shift work + court = SLEEP DEPRIVATION

Issues in Modern Policing: Us vs. Them Consequences of Police Stress – 3x as likely to suffer from alcoholism – Burnout – PTSD, nightmares, flashbacks, withdrawal from outside world, survival guilt, memory impairment – HIGH RATES OF SUICIDE (3X higher than general population)

Issues in Modern Policing: Us vs. Them Authority and Misuse of force – 20 th century officers often used force because they could to gain respect for their authority – 1.6% of 43.5 million police encounters result in the use of force – Threatened or force used on 700,000 americans a year, 14.8% result in injury, 650 deaths a year in process of arrest – Though survey of emergency room physicians, 98% believe they treated patients who were victims of excessive force

Issues in Modern Policing: Us vs. Them

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Issues in Modern Policing: Us vs. Them Types of Force – Nondeadly – Less than lethal – Deadly force Regulated by “reasonableness” Supreme Court and the Use of Force – Tennessee vs. Garner ($10 stolen from residence, shot as was climbing fence) – Graham vs Connor (force judged by reasonableness of the moment)

Issues in Modern Policing: Us vs. Them Less Lethal weapons – OC (Oleoresin Capsicum) – CED (Conducted Energy Device) ie. Taser

Police Misconduct and Ethics Must have PROFESSIONALISM- expected to be honest, committed to ideals of justice, respectful of the law, and intolerant of misconduct by fellow officers Racial and Ethnic Biases in Policing – Percieved Bias Black, white, Hispanics stopped at same rates – Blacks and Hispanics 3x as likely to be searched Self reported surveys show that minorities feel police discriminate against them

Police Misconduct and Ethics cont. Police Attitudes and Discretion – Though some prejudice, greater police presence should NOT be accepted as law enforcement discrimination Calls for service/intelligence led policing drive this perception Police Corruption – Bribery-favors for services – Shakedowns-coercion of money or goods – Mooching-acceptance of gifts for favorable treatment

Police Misconduct and Ethics cont. Corruption in the Police Subculture – Young, uneducated(no college) officers more likely to engage Free meals to bribes(overlooking crim.activity), to actively seeking out bribes Police Accountability – Internal Affairs/Office of Professional Responsibility Administrative violations Criminal violations

Police Misconduct and Ethics cont. Citizen Oversight – Process which citizens review complaints Ethics in Law Enforcement – Must have high ethical standards – Noble cause corruption-knowing misconduct by an officer with the goal of what the officer believes is a just result

Police Misconduct and Ethics cont. Elements of Ethics 1.Discretion-used to determine how they should act 2.Duty-obligation to act in a certain manner 3.Honesty 4.Loyalty-loyalty can often be set against ethics What can police departments do? – Incorporate ethics into mission statement – Conduct internal training sessions on ethics – Accepting honest mistakes – Adopting zero tolerance policy against unethical decisions