Unit 2 Policing in Modern Society Post Midterm PDF

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Unit 2 course notes, Professor D'Andre Walker...

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Unit 2 Policing in Modern Society Post Midterm Ch. 8 Police Culture and Stress What is culture Analyzing police subcultures Types of stresses in police work Effects and consequences of police stress Police shootings and critical incidents Counteracting police stress - Culture: o set of assumptions, beliefs, expectations, and philosophy that govern the professional’s interactions, performance, and role - Professional subculture o Organizes and guides the behavior of its members o Pros of subcultures  Bring officers close together  Have to rely on each other  Reduce anxiety and uncertainty within relationships o Cons of subcultures  Us vs them mentality  Social isolation  Occupational, social, and family stress o Subcultures affect how officers operate  Language officers actually use  1. Tells officers how to go about their tasks  2. How hard to work  3. Determines what kind of relationships officers should have with other officers and other categories of people that officers interact with  Determined by a number of factors  1. Crime rate  2. Leadership values, what leaders within the organization value  3. Longstanding tradition  Subculture is perpetrated through the police socialization process  Begins in the academy  Socialization, Isolation, and the Code  The Blue Fraternity o The blue wall or the code of silence o Serious consequences for breaking this code o Erosion of public trust o Issues of accountability o In order to deal with this issue, the socialization in the academy most be dealt with

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Coping o Training to deal with obstacles, isolation, and ethics  Lay low and cover your ass mentality Analyzing Police Subcultures o Police subculture  A key concept in the explanation of police behavior and attitudes  3 forms  1. Artifacts- uniform is an artifact, things you can see  2. Values- imbedded within the organization and guide the behavior of org members- happens within field training o Respect o Integrity o Honesty o fairness  3. Basic assumptions o Deeply held beliefs that guide behaviors and show members how to deal with things  Ethos  The basic spirit of the culture/organization  3 concepts in policing- most important o Secrecy o Bravery o Autonomy  “Us vs Them” Mentality Contributing factors to social isolation o 3 facts inherent in police work contribute to the tendency toward social isolation  Danger  Symbolic assailants  3 types of citizens they come into contact with o Suspicious person, most likely to commit or have commit a crime o Assholes, individuals who disprect police o The no-nothings, people that interact with police during service calls  Authority  Training focuses on exerting authority  Book, officer responding to call and told other officers she didn’t need back up when she actually did but thought she had the authority to say she didn’t  Performance  Control and cynicism

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Types of stresses in police o Formal police organization and the police subculture  Higher stress levels experienced by police o Stress is experienced in various parts of officers lives  Stress  Family  Occupational  Social stress o 4 sources of stress  Task demands  Quantitative input overload vs qualitative input load o Quantitative= too many demands for the time allotted to complete a task  More calls than they can actually answer o Qualitative= the complexity for the tasks in that amount of time o Both lead to hyperstress  Low levels of mental and physical activity cause hypostress o Police officers experience high levels of boredom when they work a shift with no calls, when their only activity is random patrol and personal breaks Role demands o Develop 2 types of role stress in the work environment  Role conflict  A result of inconsistent or incompatible expectations  Role ambiguity  Confusion a person experiences related to the expectations of others Interpersonal demands o Occupational stress o Never off-duty o Family strain o Management style stress Physical demands o 3 factors that crate physical demands  Extraneous  Hazardous  Strenuous Effects and consequences of police stress o 5 major categories of stressors  1. Internal  Poor supervision

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 Absence of career development opportunities  Inadequate reward system  Paperwork  2. External  Absence of career development  Jurisdictional isolation  Derogatory comments  Adverse government action  3. Performance  Role conflict  Fear and danger  Work schedule  4. Individual  Feeling overcome by fear and danger  Pressure to conform  5. Effects of critical incidents o There are 7 police stressors that influence a police officer’s job activities  *in the book* Personal pitfalls o Desensitization  Training  Emotional attachment, PTSD, etc. Positive effects of stress o Can lead to better performance o Not all stress is bad o 3 stages of the general adaption syndrome  1. Body prepared to fight stress by releasing hormones  2. Body attempts to resist the stressor  3. Exhaustion  *in the book* Prejudice o Stereotypes o Discriminatory action o Staff diversity, community oriented-policing Burnout o Emotional exhaustion and cynicism o Less invested in their jobs o Common 4 stages that lead to police cynicism o 1. Pseudo cynicism  New recruits have the desire to help people o 2. Romantic cynicism  first 5 years of work, most vulnerable to cynicism

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o 3. Aggressive cynicism  10 year mark, focus on failures o 4. Resigned cynicism  Detachment Stress and police families o Job satisfaction o Marital distress o Family follows police subculture o Fear of losing loved ones o Odd hours o Secrecy o Media targets o Pg. 195 Research on police suicide o 18.1 per 100,000 officers commit suicide o Can’t compare to the general population because the general population is more diverse Trauma and suicide o More likely to occurs when exposed to someone else who killed themselves o Higher exposure Traumatic events o Top 5 o 1. Child abuse o 2. Killing of innocent person o 3. Conflict with regulations o 4. Domestic violence calls o 5. Hurting of fellow officer Critical incidents o Traumatic event that has stressful impact sufficient enough to overwhelm the otherwise effective  Shootings, etc. Counteracting police stress o Departments should implement strategies to reduce stress o Stress-reducing training o Subculture may hinder taking action against stress Strategies o Employee assistance programs o Require organizational programs o Emphasize physical conditioning o Teach coping mechanisms

Ch. 9 10-23-18 How does the US Constitution inform officer’s role in modern society? - 1st amendment - 2nd - 4th - 5th - 14th Use of Police force and terrorism -

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Introduction o Police activity is included by  Ethics  Discretion  Accountability o Police officers are responsible for understanding the implications of everchanging case law  Case law education must exist in ongoing officer training Criminal law o Body of law established to maintain peace and order o Basic purpose is to protect society from injurious acts of individuals Civil law o Defines and determines the rights of individuals to protect their persons and property Tort o If an act causes injury to a person or damage to a property, it is a tort which is considered to be a civil offense that can bring about criminal charges st 1 amendment o Congress shall not make no law prohibiting  Free exercise of religion  Abridging the rights of free speech  Freedom to peacefully assemble o police must protect these rights even if they don’t agree with what is be exercised o the following behaviors go beyond 1st amendment protections  false alarms  hate speech  fighting words  obscenities o internet has created new issues around the 1st amendment  child pornography 2nd amendment o The right to bear arms

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o Public access to and permission to carry weapons o District of Columbia v Heller 2008 o McDonald v Chicago 2010 The 4th amendment o Search and seizure o Prohibits unreasonable search and seizure and requires probable cause o Search  Expectation of privacy that society is prepared to consider reasonable is infringed o Seizure  Taking one’s property after the search o Probable causes, reasonableness, reasonable suspicion Exclusionary rule o A judiciary imposed requirement that any evidence obtained by the police using methods that violate one’s constitutional rights to be excluded in a criminal prosecution against a person o Designed to prevent police misconduct o Fruit of the poisonous tree doctrine o Exceptions  Good faith doctrine  secure a warrant and obtain evidence but the warrant becomes invalid but the evidence is still able to be used in court  Inevitable discovery doctrine  Illegally obtained evidence but would have been obtained anyway lawfully  Searching for weed but then finding a gun  Independent source doctrine  Evidence that is illegally obtained may be admitted if it came from an independent source and not found through police misconduct Police use of force o Two types of force  Less than-lethal force  Lethal or deadly force o Tennessee v Garner  You can’t shoot a fleeing felon  Can’t use more than necessary to subdue a suspect  Not empowered to use deadly force against unarmed or otherwise nondangerous offenders  Officers are authorized to use reasonable force to make arrest, prevent escapes, protect themselves, etc o Exigent circumstances  Enter a dwelling/vehicle without a warrant  When the officer has legal authority to enter a dwelling they should…

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 1. Knock  2. Announce purpose and identify as an officer  3. Demand entry o Officers and agencies can be held liable especially if it is because an officer was not trained properly  $780 billion annually o Good faith doctrine is used frequently in defense The patriot act, homeland security, and terrorism o Terrorism  Increased terrorism and law enforcement focus on terrorism  Increased temptations to dilute constitutional ideals  United states v jones  Restricted ability of police to use GPS device to track criminal suspects

10-30-18 Ch. 10 Discretion and Ethics - Roles and discretion - Sworn to protect and serve - Ethical conduct is important - Discretion and ethics are interrelated - Unethical conduct/misconduct can erode public trust Police discretion - Police officer’s exercise of individual choices or judgements concerning possible courses of action - Discretion amounts to the perceived ability to choose when, how and in what order to complete assigned work - Discretion o Normal o Desirable o Unavoidable - Discretion is a requirement o Law is often expressed in intentionally imprecise terms, law has a lot of grey area o All laws cannot be enforced all the time  Police have limited resources  Tasks are split up due to specializations  Police must be aware of the other criminal justice networks - Police confidence o Minorities believe police officers are more likely to use force o Minorites are less confident that police will treat whites and minorities the same - Factors that influence discretion o The situation, setting, suspect

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o Departmental policies and culture o The law o Political and economic pressures  Every situation is unique  Must use personal judgement about people involved and the context of the situation  Factors to consider in decision making  Emotional and mental state  Age  Gender  Socioeconomic status  Appearance  Time is a key factor in decision making Department policy and culture o Influence officers behavior and activity in many ways  Ignore rules and policies  Use of excessive source  Book The law o Officers must know and follow the law  But there is an intentional grey area Limiting discretion o Advantage  Greater consistency in terms of how/when officers enforce the law o Disadvantage  A “new-widening” effect  Making an arrest when it is not really necessary o Political and economic pressure  Hot-button issues  Expectations for citations  Revenue o Challenge of discretion  Misuse of discretion can be devastating  Police are public servants  Must be role models on and off the job o Police stress and burnout from pressure  Quotas  Fixed number of stops that officers are required to meet  Technically not allowed but they still exist o Leads to bias enforcement  Racial profiling Ethics o Study or right and wrong, duty, responsibility, and personal character

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 Doing the right thing the right way at the right time for the right reason o Should be emphasized in the recruitment, selection, hiring, and promoting practices Ethics in police education o Teach ethics at every opportunity that you can o Require ongoing in-service training in ethical decision making for officers o Subcultures emphasize loyalty  Influences your ethics Evaluating police ethics o Knapp commission 1972  New York and corrupt police officers  Grass eaters- minor acts of corruption and misconduct o Nonfeasance  Reluctance to report wrongdoing o Code of conduct  Guides officers behaviors, put in place federally, creates standards for officers both on and off duty o Police ethics  Standards of conduct of morality o Leadership  Impact that leaders have in influence the ethics of their officers Biased enforcement in racial profiling o Racial Profiling  When law enforcement considers race as a part of their decision making process  Legally an officer can consider race if it is a part of a specific description tied to a particular crime Leadership and Improving Decision Making o Clear code of ethical conduct o Chiefs and supervisors must lead by example o Honesty and accountability to the public are particularly important o Police agencies must have clear policies and practices o Departments must also create systems and foster a culture that rewards ethical behavior Leadership o Law enforcement executives can encourage ethical behavior via  Incorporate the ideals of ethics and integrity into their org’s mission statement  Make ethical decision-making part of the org’s formal functions  Emphasize ethical behavior as a part of the agency’s org philosophy  Implement zero-tolerance policies for unethical behavior or decisionmaking Media

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o Transparency o Media partnerships o Training for administrators o Social media Intolerance for Malfeasance o Zero-tolerance policies concerning inappropriate conduct o NIJ study designed to promote integrity o Recommendations  1. Making it clear that officers and supervisors who do not report misconduct will be disciplined  2. Terminating dept members caught lying during an internal investigation  3. Issuing rewards, in an anonymous fashion, to officers who do report misconduct  4. Allowing for anonymous or confidential reporting  5. Regularly rotating supervisors and officers among shifts, districts or precincts, and other units of assignment

11-6 Police Misconduct - Definition of Corruption o 3 parts of corruption - 3 different commissions o Know findings for exam - Drug related corruption o Money and drugs going missing during an arrest or investigation  This happens a lot - Perjury o Lying under oath - Emotional abuse and psychological harassment o Use of racial slurs and negative descriptions o Never take away one’s dignity and self-respect - Corruption of authority o Gratuities  Taking tips o Kickbacks  Obtains goods, services, or money for business referrals by officers o Shakedowns  Officers taking money/personal services from offenders during the commission of a crime o Bribery  Exchanging money for services  “the fix” o Opportunistic theft  Taking money from a dead person

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o Protection of illegal activities Excessive use of force o Using force to arrest or obtain information not necessary in that situation o The continuum of force 2008 and 2005 research findings of use of force Race and Police Harassment o Psychological and emotional abuse  Technology is now able to show this o Walker’s 4 key adverse consequences resulting from use of foul language  1. Personal psychological injury  2. Distrust of the police  3. Provocation of hostility  4. Undermines standards of professionalism Research of profiling o Racial profiling  When officers make decisions based on a person’s race  Most common in the context of street-level crime, counterterrorism, and immigration enforcement  Flying while black and driving while Muslim o Policing practices  Blacks being disproportionally stopped in New Jersey and Maryland Bad apples of bad barrels? o Bad apple  One officer is corrupt but the whole agency isn’t  Corruption is the result of the weaknesses of one bad officer  Micro level o Bad barrel  Macro level  Whole agency o Why does police misconduct persist?  1. Individual  Flaws in their character  2. Agency  Behavior learned on the job  3. Society  Reflection of the community they are serving o Nobel cause of corruption  Partaking in corruption for the greater good  Familiarize with table 11.2 for exam Misconduct: management and administrative issues o Lack of discipline strengthen the police subculture o Corruption result from  Fault leadership structures

Administrative policies that avoid rather than promote struct accountability  Concern over bad publicity o Whistle-blowing  Snitching  Those who report misconduct but are breaking the code of silence  Accountability policy to protect those who do report o Addressing misconduct  Internal Affairs and external review boards  Field associates  Rotating personnel  Recruitment o Accountability  Public servants who are responsible to protect and serve  Police have considerable powers, deserve vigilant monitoring  Periodic reports and transparency  Early intervention programs  Peer-to-peer accountability  Community policing  Citizen oversight groups  Internal affairs  Police discipline  Can hurt their self-esteem and affect how they do their jobs  Cameras  Body worn and dashboard 

Final= Ch. 8,9,10,11,12 Important things for ch. 12 Policing - Pg. 279= what is police-community relations, what is consists of o Consider the diversity of who we are policing - 5 states o California, New York, Florida, Texas, Illinois  5 states with the largest minority population - By 2044 non-Hispanic whites will be the majority - Hispanics are the majority of the ethnic minority populations with African Americans coming in second - Mental illness pg. 282 o Dealt with in larger cities by incarcerating them rather than dealing with it as a health crisis - Difference between prejudice and discrimination o Discrimination= acting on that prejudice that one has o Problems= racial profiling

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Exhibit 12.1 o Be familiar with it o Talks about the difference between prejudice and discrimination Psychological harassment Driving or walking while black Police responsiveness and accountability...