Policing America: Issues and Ethics Chapter 7 Policing America: Issues and Ethics Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Chapter Objectives, 1 After completing this chapter, you should be able to: Describe the general attitude of the public toward the police Summarize the steps in an effective police officer selection process Identify factors that affect the exercise of police discretion and methods of limiting discretion Describe two general ways that law enforcement agencies can reduce stress on the job

Chapter Objectives, 2 Explain the circumstances under which police officers may be justified in using deadly force List some of the ways to control and reduce police corruption

The Police and the Public To carry out the duties of law enforcement, order maintenance, service, and information gathering successfully, the police must have the trust and cooperation of the public The manner in which they carry out those functions determines the community’s respect for and trust in the police

Public Attitudes toward the Police, 1 What do people think of the police? Depend on: What you ask Whom you ask People’s prior experience

Public Attitudes toward the Police, 2 Overall, in 2015, 52% of the public had “a great deal” (25%) or “quite a lot” (27%) of confidence in the police When asked to rate the honesty and ethical standards of the police in December 2015, 56% of the public rated the police “very high” or “high” on this measure

Figure 7.1: Americans’ Ratings of Honesty and Ethics of Police Jump to long description Jump to long description Jump to long description

Public Attitudes Toward the Police, 3 Data clearly show that the public as a whole has more respect for the police and their honesty and ethical standards than it does for a variety of other occupations Yet, the level of respect and confidence is not particularly high, nor is it uniform across races and ethnicities Although most of the public believes that the police do a pretty good job, it also believes there is much room for improvement

Police Recruitment and Selection Police departments should hire the type of officers the community wants, but deciding what the community wants is a difficult task involving different people with different opinions Selection decisions have momentous long-term implications for a police department

Qualities of a Successful Police Officer, 1 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, 2 Collaborative leadership skills A mature relationship with social authority Flexibility Integrity and honesty An active and outgoing nature

Qualities of a Successful Police Officer, 3 Particularly important qualities are known as the three I’s of police selection The three I’s of police selection Intelligence Integrity Interaction skills Common sense and compassion are nearly as important

The Police Recruitment Process The police officer selection process is very elaborate Police departments are often guided by civil service regulations that are developed to ensure equal opportunity for all

Recruitment 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

Affirmative Action Police departments continue to struggle to find the best-qualified applicants while achieving satisfactory race and gender representation within the ranks of the department Affirmative action programs have been relatively successful in increasing the percentage of racial minorities in policing, but they have been less successful in increasing the percentage of women Affirmative action programs are now being legally challenged

Education, 1 A high school diploma or higher educational achievement was required of new officers by 98% of local police departments in the United States in 2013, the same as in 2007; however, 84% of departments required only a high school diploma Only 9–10% of the agencies required new officers to have a minimum of 2 years of college College-educated police officers perform better on the job than officers without the same level of education

Education, 2 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

Education, 3 Wiser use of discretion Heightened sensitivity to racial and ethnic issues Fewer disciplinary actions

Table 7.7: Education Requirements for New Officers in Local Police Departments, by Size of Population Served, 1 Population Served Total with Requirement High School Diploma Some College* 2-Year College Degree 4-Year College All sizes 98% 84% 4% 10% 1% 1,000,000 or more 100% 64 7 29 500,000–999,999 70 19 4 250,000–499,999 15 9 100,000–249,999 78 8 10 3 Note: Detail may not sum to total because of rounding. *Nondegree requirement. — Less than 0.5%

Table 7.7: Education Requirements for New Officers in Local Police Departments, by Size of Population Served, 2 Population Served Total with Requirement High School Diploma Some College* 2-Year College Degree 4-Year College 50,000–99,999 99% 75 8 12 4 25,000–49,999 18 2 10,000–24,999 81 6 — 2,500–9,999 86 9 1 2,499 or fewer 98% 3 Note: Detail may not sum to total because of rounding. *Nondegree requirement. — Less than 0.5%

Successful Recruiting Practices Going to colleges, neighborhood centers, and schools in minority communities Using television, radio, and newspaper advertisements Working with local employment offices Demystifying the nature of police work and the selection process Shortening the time from application to final selection

Other Promising Recruitment Strategies The employment of 18-year-olds as public safety officers Police cadet programs High school technical preparation programs

Public Safety Officers and Police Cadet Programs Public safety officers: Police department employees who perform many police services but do not have arrest powers Police cadet program: A program that combines a college education with agency work experience and academy training

Technical Preparation Tech prep: A program in which area community colleges and high schools team up to offer 6 to 9 hours of college law enforcement courses in the eleventh and twelfth grades, as well as one or two training certifications, such as police dispatcher or local corrections officer Students who graduate are eligible for police employment at age 18

The Police Selection Process, 1 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

Merit System System of employment whereby an independent civil service commission, in cooperation with the city personnel section and the police department, sets employment qualifications, performance standards, and discipline procedures

The Police Selection Process, 2 Short application Detailed application, including work history, references, and medical profile Medical examination Physical ability test Written examination Background investigation

The Police Selection Process, 3 Psychological testing Oral interview Academy training Probation, usually between six months and one year, which includes formal field training

The Selection of a Law Enforcement Executive, 1 The selection of a chief executive of a police agency is a crucial decision The selection process often involves: Decision by a selection committee Representatives of the local government, the police department, the search firm, and the community An executive search firm

The Selection of a Law Enforcement Executive, 2 Several visits to the city Written exams Interviews Assessment center testing

Issues in Policing Many areas of policing remain topics of debate, particularly: Discretion Job stress Use of force Police corruption

Discretion, 1 The exercise of individual judgment, instead of formal rules, in making decisions No list of policies and procedures could possibly guide police officers through all the situations in which they find themselves

Discretion, 2 Police routinely must use their own discretion The issue of police discretion is very controversial, particularly because some officers abuse their discretion

Patrol Officer Discretion, 1 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 Whether to ignore a minor violation in pursuit of something more serious

Patrol Officer Discretion, 2 Patrol officers cannot provide full enforcement; instead, police officers usually practice selective enforcement Full enforcement: A practice in which the police make an arrest for every violation of law that comes to their attention Selective enforcement: The practice of relying on the judgment of the police leadership and rank-and-file officers to decide which laws to enforce

Factors Affecting Discretion, 1 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

Factors Affecting Discretion, 2 The demeanor of the suspect The legitimacy of the victim The socioeconomic status of the complainant

Discretion and Domestic Violence, 1 The police do not relish the task of responding to domestic violence for several reasons: The calls are dangerous It is a tense and often a hostile experience The police often conduct an investigation, and the victim later drops the charges An arrest may further harm the family and exacerbate the family crisis

Discretion and Domestic Violence, 2 Today, police are required to intervene if crimes are committed by doing one of the following: Mediating the dispute Separating the domestic partners in minor disputes Arresting the perpetrator The tactic that is most appropriate to use in a situation is often decided by the officer

Discretion and Racial Profiling, 1 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, which is the stopping and/or detaining of individuals by law enforcement officers based solely on race

Discretion and Racial Profiling, 2 Methods aimed at stopping racial profiling include: Racial and cultural diversity training Strong discipline for errant officers Videotaping of all traffic stops Collecting data on the race of stopped motorists and pedestrians and the disposition of the encounter Having police officers distribute business cards to all motorists and pedestrians they stop

Factors Limiting Discretion Methods 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

Job Stress Given the nature of police work, no one is surprised to discover that law enforcement officers experience job stress Job stress is defined as the harmful physical and emotional outcomes that occur when the requirements of a job do not match the worker’s capabilities, resources, or needs

Sources and Effects of Stress Sources of stress Symptoms of stress Design of tasks Management style Interpersonal relationships Work roles Frequent headaches Difficulty in concentrating Short temper Upset stomach Job dissatisfaction Abuse of alcohol and drugs Low morale

Copicide A phenomenon that affects some police officers is copicide, or “death by cop” Form of suicide in which a person gets fatally shot after intentionally provoking police officers A study of police shootings in Los Angeles found that 10% of the deaths of citizens could be attributed to copicide A more recent study of North American officer-involved shootings pegs the incidence of suicide-by-cop at 36%

Stress Management and Reduction, 1 Stress can be managed and reduced through: Discussing stressful events with colleagues and mental health professionals Regular exercise Relaxation techniques A healthy diet, without caffeine or nicotine Enriched family support

Stress Management and Reduction, 2 Religious support, prayer, and meditation Stress management classes Organizational changes that give officers more control over their work environment

Use of Force 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 pedestrians

Excessive Force, 1 Police use force in order to control suspects who resist arrest and may be armed The disrespect and physical resistance in these encounters have caused police to sometimes use excessive force, which is a measure of coercion beyond that necessary to control participants in a conflict

Excessive Force, 2 The persistent use of excessive force by the police: Is unethical, civilly wrong, and criminally illegal Exposes the police to criminal and civil prosecution Builds up resentment by citizens against police Costs law enforcement agencies millions of dollars in legal damages

Deadly Force, 1 In 1985, the U.S. Supreme Court in the case of Tennessee v. Garner restricted the conditions under which police can use deadly force

Deadly Force, 2 The use of deadly force is not justifiable unless the: Arrest is for a felony Person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he/she believes to be authorized to act as a peace officer Actor believes that the force employed creates no substantial risk of injury to innocent persons

Deadly Force, 3 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/her apprehension is delayed

Deadly Force, 4 No state laws require that deadly force be used only as a last resort with nonviolent and less harmful means to be tried first, and no states limit the use of deadly force to only situations where there is imminent threat to life or serious injury to the officer or others Data on violent deaths recorded by the Center for Disease Control show that 27.6% of the people killed by the police (6,338) between 1999 and 2013 were black, even though blacks at the time comprised only 13.2% of the population

Police Corruption, 1 Nothing is more distasteful to the public than a police officer or a whole department gone bad Throughout history, police officers have bought their positions and promotions, sold protection, and ignored violations of the law for money

Police Corruption, 2 Why is policing so susceptible to corruption? Police have authority to enforce laws and to use power to make sure that those laws are obeyed 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

Types of Corruption, 1 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, 2 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 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

Types of Corruption, 3 Prejudice: Unequal enforcement of the law with respect to racial and ethnic minorities Premeditated theft: Planned burglaries and theft Shakedown: Taking items from the scene of a theft or a burglary Shopping: Taking small, inexpensive items from a crime scene

Controlling 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 prosecutor Court review and oversight

Internal Affairs Investigations Unit The internal affairs investigations unit is the police unit that ferrets out illegal and unethical activity engaged in by the police

Professionalizing Law Enforcement, 1 Many people would argue that policing in America has already reached professional status Professional accreditation for police agencies is a rite of passage that is needed if law enforcement is to join the list of the most respected professions

Professionalizing Law Enforcement, 2 Professionals in any field make mistakes A caring public should forgive most of them However, racist and brutal tactics like the Los Angeles police officers’ beating of Rodney King should not be tolerated

Professionalizing Law Enforcement, 3 Police officers need to treat their on-duty time as a professional performance in order to improve the public’s perception of law enforcement as a profession worthy of trust and admiration

Appendix

Figure 7.1: Americans’ Ratings of Honesty and Ethics of Police - Appendix, 1 In 1977, the rating was 37. In 1981, the rating was 44. In 1983, the rating was 41. In 1985, the rating was 47. Between 1989 and 1991, the rating was 49. Between 1991 and 1993, the rating was 42. Jump to the image

Figure 7.1: Americans’ Ratings of Honesty and Ethics of Police - Appendix, 2 In 1993, the rating was 50. In 1995, the rating was 41. Between 1997 and 1999, the rating was 49. Between 1999 and 2001, the rating was 55. In 2001, the rating was 68. In 2005, the rating was 61. Jump to the image

Figure 7.1: Americans’ Ratings of Honesty and Ethics of Police - Appendix, 3 In 2007, the rating was 53. In 2009, the rating was 63. Between 2011 and 2013, the rating was 58 and then 54. Between 2013 and 2015, the rating was 48. In 2015, the rating was 56. Jump to the image