Chapter 7 – Policing America: Issues and Ethics

Chapter 7 – Policing America: Issues and Ethics

Public Attitudes Toward the Police

What do people think of the police?

It depends on:

• whom you ask

• people’s prior experience

Qualities of a Successful Police Officer

Police officers require a rare combination of qualities and abilities:• Motivation for a police career• Normal self-assertiveness• Emotional stability under stress• Sensitivity toward minority groups and social

deviatescontinued…

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.

Nearly as important are common sense and compassion.

three I’s of police selectionThree qualities of the American police officer that seem to be of paramount importance are intelligence, integrity, and interaction skills.

The Police Selection Process• 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 systemA 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 ProcessThe police officer selection process often includes:

• Short application• Detailed application, including complete work

history, references, and medical profile• Medical examination

continued…

The Police Selection Process

• Physical agility test• Written examination• Background investigation• Psychological testing• Oral interview

The Police Selection ProcessThe final steps of selection are:

• Academy training

• Probation, usually between six months and one year, which includes formal field training

Issues in PolicingMany areas of policing remain topics of debate, particularly:

• Discretion• Use of force• Police corruption

DiscretionNo list of policies and procedures could possibly guide police officers through all the situations in which they find themselves. Police routinely must use their own discretion.

The issue of police discretion is very controversial, particularly because some officers abuse their discretion.

discretionThe exercise of individual judgment, instead of formal rules, in making decisions.

Patrol Officer DiscretionPatrol officers routinely use their discretion in deciding:• Where to patrol when not answering radio

calls

• Whom to stop and question

• Which traffic violators to stop

• To ignore a minor violation in pursuit of something more serious

Patrol Officer Discretion• Patrol officers cannot provide full

enforcement.

• Instead, police officers usually practice selective enforcement.

Factors Affecting DiscretionA 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

continued…

Factors Affecting Discretion

• The preference of the victim• The demeanor of the suspect• The legitimacy of the victim• Socioeconomic status of the complainant

Discretion and Racial ProfilingRacial 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 stereotyping.

Discretion and Racial Profiling

Methods aimed at stopping racial profiling include:

• Racial and cultural diversity training• Strong discipline for errant officers• Videotaping of all traffic stops

continued…

Discretion and Racial Profiling

• 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 DiscretionSeveral 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

Excessive Force

Police use force in order to control suspects. These encounters have caused police to sometimes use excessive force.

excessive forceA measure of coercion beyond that necessary to control participants in a conflict.

Excessive ForceThe persistent use of excessive force by the police:

• is unethical 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

In 1985, the U.S. Supreme Court greatly restricted the conditions under which police can use deadly force.

Tennessee v. Garner

Deadly Force

• The officer must believe 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 apprehension is delayed.

Police CorruptionNothing 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 CorruptionWhy is policing so susceptible to corruption?

• Police have authority to enforce law.• 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 CorruptionThe Knapp Commission in 1972 identified two kinds of corrupt officers:

• “Grass eaters”• “Meat eaters”

grass eatersOfficers 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 eatersOfficers who actively seek ways to make money illegally while on duty.

Types of CorruptionEllwyn 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.

continued…

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.

continued…

Types of Corruption

• Shakedown: taking items form the scene of a theft or a burglary.

• Shopping: taking small, inexpensive items from a crime scene.

Controlling CorruptionSome 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