Criminal Justice Revel Pearson Chapter 8
Which of the following is an example of a departmental factor that could influence the discretionary decisions of individual officers?
The level of supervision of the officer Strict supervision by the department is a department policy that could influence an officer's discretionary decisions.
Which of the following terms specifically refers to situations in which the use of force by the police violates a law or statute?
Illegal use of force Illegal use of force refers to situations in which the use of force by a police officer violates a criminal law or statute.
Effective policing appears to depend mainly on
the officer's innate personal qualities. Effective policing may depend more on innate personal qualities than on factors such as educational attainment or credit history.
Paul, who works for a county sheriff's department, shot and killed Jake, stating that he believed Jake was a terrorist. However, Paul had no evidence for this belief. Jake's family may file a ____________ against Paul for denying Jake's right to life without due process.
1983 lawsuit A Section 1983 lawsuit is a civil suit brought under Title 42, Section 1983, of the U.S. Code. The Act requires due process of law before anyone may be deprived of life, liberty, or property. Jake's family may bring a 1983 lawsuit against Paul because he killed Jake under questionable circumstances while acting under color of state law.
In which of the following situations could a civil suit for police negligence be brought against an officer?
A police officer injures an innocent bystander during a high-speed chase. High-speed vehicle pursuits are particularly dangerous because of the potential for injury to innocent bystanders.
________ is a credentialing process which provides recognized professional status for law enforcement agencies who are able to meet specific standards in a variety of areas such as day-to-day operations, administration, review of incidents involving the use of a weapon by officers, and evaluation and promotion of personnel.
Accreditation Accreditation is an avenue toward police professionalism. The Commission on Accreditation for Law Enforcement Agencies (CALEA) was formed in 1979 to offer accreditation to police departments.
Which of the following characteristics of the police working personality is considered to be essential for survival and effectiveness?
Authoritarian Because officers are often exposed to emotion and possibly threatening confrontations with members of the public, they must develop efficient, authoritarian strategies for gaining control over others.
To demonstrate the department's effectiveness in reducing drug dealing in the local community the chief of police encourages patrol officers to increase the number of arrests of drug dealers. To comply with this, Officer Cormac plants drugs in the homes of several suspected drug dealers. Officer Cormac's behavior is an example of which type of police corruption?
Denial of civil rights. The denial of civil rights by the police includes routinized schemes to circumvent constitutional guarantees of due process, such as planting evidence. By planting drugs in the homes of suspects who are believed to be drug dealers, Officer Cormac is guilty of denying civil rights.
The fact that a crime is considered a victimless crime is an example of which type of factor that could influence an officer's discretionary decisions?
Disagreement with the law Victimless crimes, and outdated crimes that are still on the books fall into the category of disagreement with the law and may influence an officer's discretionary decisions.
In which of the following situations could a Bivens action be brought?
Francis, an FBI agent, searches a suspect's home and vehicle without a warrant. A Bivens action is a civil suit brought against federal government officials for denying the constitutional rights of others. Because Francis is a federal law enforcement agent working for the FBI, the suspect may bring a Bivens action against him on the grounds that the search violented his constitutional right under the Fourth Amendment to be protected from unreasonable searches and seizures.
James is a federal agent attending a training seminar on use of deadly force. Which of the following statements correctly reflects the federal deadly force policy?
James should give a verbal warning before using deadly force. According to the federal deadly force policy, an agent should give a verbal warning to submit to his or her authority prior to the use of deadly force as long as it is feasible to do so.
Which of the following is true regarding police use of force?
Law enforcement officers are authorized to use only the amount of force that is reasonable and necessary given the circumstances facing them. Law enforcement officers are trained in the use of force and typically encounter numerous situations during their careers when the use of force is appropriate. However, the amount of force applied in a particular situation, such as an arrest, must be reasonable and necessary, given the particular circumstances they encounter.
Which of the following is considered to be a factor contributing to police corruption?
Low police salaries Compared to other professions that require personal dedication, extensive training, high stress, and the risk of bodily harm, police officer salaries have been notoriously low. Additionally, regardless of how much police pay may increase, it will never be able to compete with the extreme amounts of money that can be made by dealing in contraband
Nina is a patrol officer in an urban police department. In which of the following situations would Nina most likely be expected to exercise discretion in deciding whether or not to make an arrest?
Nina observes that 17-year-old Jim is drinking beer out of brown paper bag on a city street. Underage drinking is an example of a relatively less serious law violation. The widest exercise of discretion is in routine situations like this, where officers may choose to issue a warning rather than arrest the suspect.
Which of the following scenarios most likely involves racial profiling?
Obi, who is African American, is pulled over because his tires are underinflated. The police insist on searching Obi's car, despite his refusal to give permission. It is not illegal to have underinflated tires. Searching Obi's car without justification or a search warrant, and without Obi's permission, is a violation of his Fourth Amendment rights against unreasonable search and seizure. It is possible that the search was prompted by Obi's race.
Which of the following is true regarding the recruitment and selection of new officers by police organizations today?
Police departments are increasingly recruiting from universities, to ensure more highly-educated officers. Research has found that hiring educated officers produces a number of benefits for police departments, including (1) better written reports, (2) enhanced communications with the public, (3) more effective job performance, (4) fewer citizen complaints, (5) greater initiative, (6) wiser use of discretion, (7) heightened sensitivity to racial and ethnic issues, and (8) fewer disciplinary problems.
Which of the following statements regarding the police subculture and working personality is true?
Police departments in different parts of the U.S. have subcultures with similar elements. Researchers have reported similar elements in police subculture throughout the United States. They have concluded that, like all cultures, police subculture is a relatively stable collection of beliefs and values that is unlikely to change from within.
Which of the following statements regarding civil suits against police officers is true?
Police supervisors may be sued in civil court based on the actions of their officers. Police supervisors may be the object of civil lawsuits because they are responsible for the actions of their officers. If it can be shown that supervisors were negligent in hiring or failed in their responsibility to property train officers, they may be found liable for damages.
In which activity are police officers most likely to exercise discretion?
Resolving routine situations involving less serious violations of the law without arresting the offender The widest exercise of police discretion is in routine situations that involve relatively less serious violations of the law. Underage drinking, possession of controlled substances, and assault are examples of less serious crimes in which officers often choose to issue a warning or offer a referral instead of making an arrest.
Officer Jacobs knows that her partner regularly accepts gratuities and small bribes. While Officer Jacobs does not engage in these behaviors herself, she does not report her partner's misconduct and lies about it when questioned by a supervisor. Officer Jacobs is engaging in which type of police corruption?
Role malfeasance Role malfeasance includes destruction of evidence, biased testimony, and protection of "crooked cops." Officer Jacobs is protecting her partner, who is a "crooked cop."
Which of the following statements regarding stress and fatigue among police officers is true?
Stress related to policing may affect officers' family members. Police officers' family members often report feelings of stress that are directly related to the officers' work. As a result, some departments have developed innovative programs to allay family stress.
Which of the following characteristics or traits of the police working personality is considered to be advantageous?
Suspicion A suspicious nature makes for a good police officer, particularly during investigations and interrogations.
What is the primary purpose of programs such as Collier County's Spousal Academy?
The Academy is designed to teach police spouses how to deal with feelings of stress resulting from police work. Collier County's Spousal Academy is a family support program that offers training to spouse and other domestic partners of deputies and recruits. The program deals with issues that are likely to produce stress and informs participants of available department and community resources.
Which of the following is addressed by the 1991 Bloodborne Pathogens Act?
The Act requires law enforcement officers receive proper training in how to prevent contamination by bloodborne infection agents. The Bloodborne Pathogens Act of 1991 was created to combat the threat of infectious diseases among public-safety employees and health care professionals. It requires officers receive proper training in how to prevent contamination by bloodborne infection agents and that they undergo an annual refresher course on the topic.
Which of the following statement regarding police corruption is true?
The discretionary nature of policing facilitates police corruption. Policing is highly discretionary and coercive, creating opportunities for police misconduct.
Which of the following statements regarding racial profiling is true?
The majority of police officers disagree with racial profiling. Regardless of arguments offered in support of racial profiling as an enforcement tool, the practice has been widely condemned as being contrary to basic ethical principles. Research suggests that the vast majority of law enforcement officers share an intolerance for racially biased policing.
According to the U.S. Supreme Court, what is the current legal standard for determining whether the use of deadly force is justifiable?
The objective reasonableness standard In the 1989 case of Graham v. Connor, the Court established the legal standard of "objective reasonableness" for the legitimate use of deadly force by a police officer in most all circumstances. Specifically, the Court held that whether deadly force has been used appropriately should be judged from the perspective of a reasonable officer on the scene and not with the benefit of "20/20 hindsight.
Based on the police use-of-force continuum, what is the appropriate level of force a police officer should use in response to passive resistance by a subject?
The officer should respond with take downs or pain compliance. When a subject is passively resistant, the appropriate level of response by a police officer includes pain compliance, take downs, or the use of chemical agents.
_____ is the set of informal values that characterize the police force as a distinct community with a common identity.
The police subculture The police subculture is a set of informal values, beliefs, and acceptable forms of behavior characteristic of characterize of the police. Socialization into the police subculture begins during recruit training and continues thereafter.
Acting on a tip regarding a possible suicide bombing, police stake out a train departing from Grand Central Station. Officer Baxter observes two men who appear to be Middle Eastern and notes that they appear nervous, avoiding eye contact with officers and others on the platform and hiding their carry-on bags under their coats before preparing to board the train. Officer Baxter notifies her supervisor, and the two men are removed from the train and searched for bombs and other terror devices. This scenario is an example of
behavioral profiling. Behavioral profiling uses a person's demeanor, actions, bearing, and manner to identify an offender before he or she can act. In this scenario, the police action was based on the suspects' behavior on the platform and while boarding the train, such as hiding their carry-on bags and avoiding eye contact.
Police professionalism places limits on
discretionary activities of individual officers. Police professionalism places important limits on the discretionary activities of individual officers and helps officers and departments gain the respect and regard of the public they police.
According to the Knapp Commission on police corruption, the most common form of corruption is
grass eating. Grass eating is the more common form of police corruption and involves illegitimate activity that occurs from time to time in the normal course of police work.
Officers are most likely to die in the line of duty as the result of
gunfire. Of the 146 officers killed in the line of duty in 2016, 62 died as the result of gunfire.
According to the Police Executive Research Forum (PERF) report
police supervisors should conduct spot-checks to ensure officers do not engage in biased policing. The PERF report recommends supervisors closely monitor activity reports and evaluate all forms of formal and informal police communications to ensure they are free from racial bias and other forms of disrespect.
Officer Franklin is a patrol officer in a suburban police department. While in hot pursuit of a suspected rapist, she strikes and kills a pedestrian. There is no state law prohibiting high speed chases and departmental policy permits them when the suspect is believed to have committed a violent felony. In this situation, __________ shields Officer Franklin from a lawsuit.
qualified immunity Qualified immunity shields law enforcement officers from constitutional lawsuits and may be a defense shielding public official from damages unless their conduct was unreasonable in light of clearly established law. Both state law and departmental policy permitted high speed chases in this situation, so Officer Franklin's behavior was not unreasonable.
The courts have supported drug testing of employees, including police officers, based on
reasonable suspicion that drug abuse is occurring. The courts have supported drug testing based on a reasonable suspicion that drug abuse has been or is occurring.