Police Problems and Practices Test 1

Abuse of Authority (Barker&Carter)

Any action by a police officer without regard to motive, intent, or malice 3 types: Physiological abuse Physical abuse Legal abuse

Ethical Policing is Courageous (EPIC)

Active bystandership: officers to intervene when they see something wrong Classroom training, role play, department-wide policies

Meat Eaters

Actively seeking opportunities for corruption

Social Contract

Agree to give up own right to use force in exchange for protection from victimization

Graham v. Connor (Final Frame)

Analysis of use of force incident should include only facts at the moment of the use of force Events leading up to use of force are irrelevant

London Metropolitan Police Act 1829

Created first formal police department Robert Peel

Police Misconduct

Crime Corruption Abuse of Authority

Police Crime

Crime committed by police in the course of executing their duty Off-duty crime not included

Suspicious person

Criminals, deserve professional treatment because they are rational Regular crooks

Environmental factors that influence police culture

Danger Coercive authority

Democratic Policing

Democracies emphasize government by the people

Rotten Barrel

Department has a corruption problem Level 2: most officers corrupt, operate independently Level 3: officers organized, create institutional corruption

Verbalization

Encouraging a type of behavior through words

Levels of Force (Crank 1988)

Mere presence Verbalization Command voice Firm grips Pain compliance Impact Techniques Deadly force

Tactics

Methods and techniques employed by officers to exercise legitimate control

Avoider

Misfit Hates police work`

Police Corrpution

Misuse of authority as a police officer For personal gain

Levels of Severity (Stoddard)

Mooching Chiseling Shakedown Premeditated theft

Persuasion

Use of symbols, words, and arguments to convince an individual to comply with the rules

BWC policy - when to activate?

Uses of force Searches Encounters that results in complaints

Command Voice

Using a more aggressive voice to encourage behavior (loud, colorful language)

Psychological Abuse

Verbal abuse, harassment, ridicule of a citizen by a police officer

Body-Worn Cameras (BWC)

Video recording device Mounted on the officer somewhere Aimed at decreasing police misconduct, use of force, and increasing transparency

Legal Abuse

Violation of legal statues or citizens rights Planting evidence, illegal searches, illegal interviews, testilying

Community Cooperation

Voluntary cooperation > physical coercion Need citizens to report & solve crimes

Additional def of force (Intermediate/less lethal weapons)

Weapons used by law enforcement that are not designed to be deadly

BWC policy - reports

When cameras aren't activated, police officers need to write in the reports why Valid: citizen requests not to be recorded or battery dies Not valid: officer forgot

Paoline's Police Culture

Where culture comes from What the culture prescribes The outcomes of police culture

Benefits of Warrior approach

Willing to face dangerous situations Partners back Elevated status

Fighting the code of silence

Truthfulness Mandatory reporting Retaliation Ethics training Complaint acceptance

Moral Career (Sherman)

1. Officer accepts minor gratuities 2. Officer provides something in return for gratuity 3. Officer seeks opportunities

Power

Ability to overcome resistance to authority

Physical Abuse

Assaulting a citizen, unnecessary force

Klockars Elements

Authority Power Persuasion Force

The way that tasks should be handled

Authority maintained at all times Success must be achieved at all costs due to potential risks to other officers

Perspective and Video Quality (BWCs)

Bad video/audio quality Cant see what officer or partner is doing It is like watching a baseball game through a straw

Passive Resistance

Behavior that is unresponsive to police verbal communication or direction and verbal resistance

BWCs - the silver bullet?

Being hailed as silver bullet to solve policing issues But it isn't - you must do other things to improve police department

Peelian Principles

Best outline the philosophy of democratic policing

Public Service

Catch all activity Serving the public interest Getting a cat out of a tree, welfare check

Why should pointing a firearm be considered a use of force?

Coercive Danger Removal of options

Sheriff

Collected taxes, served subpoenas Appointed by gov

Resistance (NOPD)

Compliant Passive Resistance Active Resistance Aggressive Resistance Aggravated Resistance

Compliant

Cooperative obedience in response to directions from law enforcement

Problems in early American polcing

Corruption Discrimination Riots Kerner Commission

Know Nothings

Everyday citizens Dont understand police work

BWC policy - how do we achieve that?

Expansive policy Should be activated during ANY emergency or investigative activity, call for service, or potential adversarial contact

Misconduct and BWCs

Fewer complaints will be filed wearing them Complaints easier to resolve is they wear them Research: complaints reduced

Warrior Officers

Focused on officer safety Soldier in battle against crime Prioritizes real police work Officers above citizens

Deadly Force

Force that is capable of killing the suspect

Sound Tactics

Gather information Consider risk factors Assemble resources Communicate Use time to your advantage COVER Negotiation skills

Dowd Test

Get officers to accept gifts, then increase the severity of offenses

Tythingmen

Group of 10 neighbors that looked after eachother

Tennessee v. Garner

Unconstitutional to use deadly force against unarmed, non-dangerous suspects No immediate threat to officers and no threat to others

Reciprocator

Hesitant to use force Eager to help Public service

Authority

Incontestable entitlement to be obeyed

Myth of Monolythic Police Culture

Increased diversity in policing Rise of community policing

Public Safety

Increasing safety in the community Reduce threats to citizens safety that don't have to be result of criminal activity Traffic control, emergency operations, crowd management

"Reportable" Use of Force Incidents

Indicates a level of seriousness This is where our data comes from

Code of Silence

Informal agreement among police officers to not report each other for misconduct

Problems with Warrior approach

Isolated societal position Real police work is not what they spend most of their time doing Over-sensitized to danger

Self-image

Law enforcer; separate class

Transparency (BWCs)

Laws aren't that transparent Lack of video or failure to release can create greater transparency issues for the department

Is police misconduct lower or higher in today's age?

Lower than it has been historically

Split Second Syndrome

No two incidents are the same Due to the effects of stress, mistakes should be expected

BWC policy - lessons learned

Not practical to have BWCs recording constantly Privacy concerns (recording in victims homes, informants, officers during private moments)

Excessive Force

Objectively reasonable in view of all facts and circumstance of each particular case There isn't an EXACT answer for this

Aggravated Resistance

Officer or another person is subject to imminent death or serious physical injury

Force Continuum

Officers able to escalate (move to more serious levels) or de-escalate (move to less serious levels) as necessary

Fleeing Felon Doctrine

Officers authorized to kill anyone who was suspected of a felony and fled from the police Based on English common law

Behaviorally (Code of Silence)

Officers frequently adhere to the code

Attitudinally (Code of Silence)

Officers frequently deny existence of the code and report unwillingness to adhere to it

Force and BWCs

Officers wearing them will use less force Officers wearing BWCs will use less excessive force Research: uses of force reduced

Rotten Apple

One or two bad officers in a good department Level 1 corruption

Complaints are rare (BWCs)

Only .70 per 1,000 encounters (Rialto study)

Uses of force are rare (BWCs)

Only .78 per 1,000 encounters (Rialto study)

Research - officers' perceptions of BWCs

Open and supportive Can improve citizen behavior Can improve their behavior Can improve fellow officers behaviors Won't impact their willingness to engage in policing activities

Grass Eaters

Passively accept what is offered and do nothing about it

A**holes

People who reject the police's definition of the situation Argumentative and difficult to deal with

Use of Force

Use of physical restraint by a police officer when dealing with a member of the public

Policing by consent

Philosophy of policing where the police derive their authority through the will of the people

Impact Techniques

Physical contact or the use of intermediate weapons (chemical spray/stunning weapons)

Force

Physical control to obtain compliance

Firm Grips

Physical grips on the boy directing a suspect when and where to move (not intended to cause pain)

Police as symbols of the state

Police are primary faces of the state in everyday life The values that police represent should represent the values of the state

Chiseling

Police demands for price discounts or free admission to events

How common is it for police to use force?

Police use force infrequently (about 1%) Lower end of the continuum

Community Engagement

Police-citizen interactions and improve relationships with the community Coffee with a cop, school programs

Benefits of Guardian

Positive citizen interactions Focused on public service (more realistic of how officers spend their time)

Why does policing get more attention?

Potential harm is greater: uses of force, arrest, humiliation, imprisonment

Mere presence

Presence of an officer deters dangerous behavior

Guardian Officers

Prioritizes service (public servant) Community partnerships essential Protecting citizens from harm

Crime Prevention

Progressive approach, same goal as LE Proactive activities that try to get individuals to not engage in criminal activities Increased police presence in high crime areas, burglary house checks

Attitudes towards the police

Propriety: interactions with police Endorsement: peer beliefs Authorization: family members

Transparency and BWCs

Public will view agencies that use these cameras more positively Research: legitimacy perceptions increased from 2014 to 2017

Evidence and BWCs

Quality of evidence being contributed to the department will improve when officers wear them Clearance rates will increase Research: rate of guilty verdicts in misdemeanor cases increased

William Ker Muir

Questioned singular approach to policing Four typologies: enforcer, professional, reciprocator, avoider Not supported by research

Tasks officers believe they should be involved in

Real police work Search, chase, & capture

Subjective Objectivity

Reasonableness must be judged from the perspective of a reasonable officer on scene, not hindsight

Mooching

Receiving free coffee or free meals Many don't perceive it as bad, not a policy violation in some agencies Is the discount voluntary? Businesses could feel pressure to give the discounts, you could feel pressure to not give them a speeding ticket

Compliance (BWCs)

Recording all the time not practical Possibility officers will fail to record - Accidental (forgot) or intentional (avoid recording misconduct)

Research Warriors vs. Guardians

Related concepts Warrior mindset emphasizes control Guardian mindset emphasizes communication Warrior mindset positive attitudes towards improper uses of force

Watch

Selected from the community and were tasked to raise the hue and cry

State Created Danger

Situations where officers respond with force in order to extricate themselves from danger that they created Poor tactics result in officers being required to use force for their own safety

Outcomes of police culture

Social isolation Group loyalty

Examples of police crime

Stealing money from resident when responding to a call Assaulting a citizen while in uniform

Aggressive Resistance

Subjects attempt to attack or an actual attack of an officer, exhibiting aggressive behavior

Active Resistance

Suspect that is between passive resistance and aggressive resistance Used when suspects flee

Prescriptions of police culture

Suspiciousness Maintain the edge Crime fighter (self-image)

Pain Compliance

Tactics that seek the suspects compliance by causing pain, don't result in lasting injuries

Shakedown

Taking expensive items and attributing it to criminal activity

Police Culture

The way officers see themselves They way officers see others The tasks officers believe are appropriate for the police to handle They way officers believe these should be handled

Enforcer

Traditional LE Good vs. bad guys Quick to use force

Law Enforcement

Traditional role Enforce federal, state, and local laws Making arrests

Other sources of police culture

Training academy FTO Peers

Professional

Works within bounds of law Persuasion used to accomplish goals