CJ Chap 7 Notes PDF

Preview

Summary

Lecture notes...

Description

Chapter 7 Policing Methods and Challenges I. Use of Force A. The Force Prerogative: 3 legitimate types of force on Use of Force Continuum 1. Self-Defense- Only putting the amount of force on the attacker, as much amount as attacker is using on you. 2. Power to control those responsible for 3. Police Use of Force: relatively unrestricted authority- Uses whatever force is necessary in some situtations. B. What type of Force to Use? 1. See Figure 7.1 on p. 161 2. Dynamic Resistance Response Model (DRRM) -The suspect’s level of resistance determines officer response -4 Categories of suspect resistance 1. No Resistance (Compliance)- Following orders and demands

2. Passive Resistance- Pulling away or not following verbal commands; Police officer can make a control hold if needed.

3. Active Resistance- Fighting or kicking; Police can taser offender.

4. Deadly Resistance- Actively trying to kill officer; Officer can do whatever is needed.

-Sole Purpose of DRRM? Get back to middle circle where the offender is compliant.

-U.S. Supreme Court has ruled on Lethal Force in Tennessee v. Garner (1985) Police Officer shot a fleeing felon, unlawfully. The officer shouldn’t be able to shoot someone for running.

C. Police Brutality 1. Three means by which police can be “brutal” a. Physical Abuse b. Verbal Abuse c. Symbolic/Philosophy/Frame of Mind p. 162 -Verbal abuse; Using authority to exert control over minority

2. How much police brutality goes on?

II. Civil Liability: Action made to recover damages when civil rights are violated by police A. Definitions -Civil Liability (def.)- Sue police officer or department to recover damages that were received on person. Any action made by the individual that was harmed to recover damages when the rights were violated by the police. It is very common second from the medical field. -Police very susceptible to litigation and liability -Tort (def.)- Infliction of some injury on one person by another. -Negligence (def.)- Tort 1; When law enforcement employees conduct creates a danger to others. Or they fail to act when they’re supposed to. -Intentional Torts (def.)- Tort 2; Employee voluntarily engages in an act that has a substantial likely hood of leaving injury to a person. -Constitutional Torts (def.)- Tort 3; Violated a fundamental right of your rights, you can sue. Unlawful searching of home, forgetting to give someone an attorney. -False Arrest (def.)- Police makes an arrest without probable cause. -Section 1983 Legislation (def.)- When someone wants to sue a police officer at the federal level for a violation of just the constitutional rights only at a federal level. Common way of suing against police! -Vicarious Liability (def.)- Hold anyone connected to the officer also responsible; If we can show they had a role in what the officer did.

B. General Areas of Liability p. 166

1. Proximate Cause- To sue, actions of officer caused injury or harm to you. “But For”Actions would injury or harm occurred.

2. Persons in Custody and Safe Facilities

-Duty of Care- Police have a duty to require for safety to offender.

- “Reasonable Foreseeable”- Has enough information to foresee that the officer has had knowledge of the harm that ended up happening.

-Safe Facilities- Criminals should have a safe facility. Proper detox areas for addicts that are life threatening.

3. Failure to Protect- If police fail to protect a person from a known foreseeable danger. Commonly in domestic violence cases!

4. Vehicular Pursuits- Massive area for police officers to be sued; Innocent bystanders can be at risk. High speed causing harm to other vehicles or buildings. A lot of departments have strict policies on whether they can pursuit or not. They should be abandoned unless there is a present danger to the community.

-Generally, when are pursuits justified? – Only if it is necessary that they must catch them. If there is a present danger to the community.

III. Police Technologies A. Wireless Technology- Computers in cars, can handle police work always. B. Crime Mapping- Technique where we combine geographic info from GPS satellites to crime lab statistics. C. Locating Serial Offenders- Geographic profiling; Criminals commit crime close to their comfort zone. Puts in addresses of known offenders, is there any criminals that live around which the crimes are happening. Since criminals attack close to home.

D. Smartphone- Internet searches; Track offenders on Facebook.

E. Electronic Control Devices- Tasers, stun guns, etc. A lot less lethal for the offender, controls suspect without lethal harm.

F. Robotics- Video, night vision, bombs, search places/cars. Safer for law enforcement.

G. Traffic Functions- Using GPS takes pictures of an accident site. Location of vehicle, how severe crash is, helps with insurance companies. Helps identify which intersections are dangerous.

H. Databases for Fingerprints and Mug Shots- Computerized information on local, federal, county levels all in one. Including mugshots and fingerprints. AFIS- Automatic Fingerprint Identification System....