CHAPTER 6 Critical Issues in Policing IntroductionPolice work is dangerous Police may confront violent/angry people May be assaulted or killed in the line of duty Police DiscretionDiscretion: the authority of the police to choose one course of action over another Discretion is the heart of police work Used to determine if and how to proceed within the confines of the law Full Law EnforcementPolice respond formally to all suspicious behavior ImpracticalMost violations minorCriminal justice system does not have resources for full enforcementPaperwork and court timeVague legal statutesStrain police/community relations Selective Law EnforcementPolice under-enforce some laws, over-enforce others ProblematicUnfair for police to respond differently to similar situationsOfficers may abuse power by targeting specific individuals or groupsMay lead to favoritism and corruption Legal Factors Affecting ArrestSeriousness of offense Prior arrest record Presence of evidence Reasonable suspicion Nonlegal Factors Affecting ArrestDemeanor and respect toward law enforcement Race Sex Social class Additional Extralegal FactorsOfficer characteristics may affect arrest decisionAgeEducation levelRaceGender Department policy Informal culture of department Pros and Cons of DiscretionArguments in support of discretion, need for individualized justice ConsLow visibility of discretionary decisionsSuspects denied due processSome citizens receive preferential treatmentPublic may see discretion as being biased against some groups Controlling Police DiscretionWritten rules provide officers with guidelines re what actions to take in certain situationsHigh-speed pursuitsUse of forceHandling special populationsOvertime hoursOutside employment TechnologyAutomatic Vehicle Locator monitors patrol cars Police CorruptionMisuse of authority by officers for the benefit of themselves or others One of the oldest and most persistent problems in policing Costs of Police CorruptionUndermines agency integrity Protects other criminal activities Undermines criminal justice system effectivenessUndermines agency professionalism Imposes secret tax on honest businesses Undermines public confidence in police Types of CorruptionCorruption of authority Kickbacks Opportunistic theft Shakedowns Protection of illegal activities“Fixing” charges Direct criminal activities Internal payoffs “Flaking” or “pudding” Noble cause corruption Investigating Police CorruptionChicago Crime Commission (1920s) Wickersham Commission (1929) Knapp Commission (1973)Grass eatersMeat eaters Mollen Commission (1990s) Corrupt Police DepartmentsRotten apples and rotten pockets Pervasive unorganized corruption Pervasive organized corruption Explaining Police CorruptionOfficer personality Police discretion Minimal supervision Low public visibilityLimited accountability Peer group secrecy Managerial secrecy Managing Police CorruptionHonest administration; chiefs lead by example T.

1. CHAPTER 6
Critical Issues in Policing
IntroductionPolice work is dangerous
Police may confront violent/angry people
May be assaulted or killed in the line of duty
Police DiscretionDiscretion: the authority of the police to
choose one course of action over another
Discretion is the heart of police work
Used to determine if and how to proceed within the confines of
the law
Full Law EnforcementPolice respond formally to all suspicious
behavior
ImpracticalMost violations minorCriminal justice system does
not have resources for full enforcementPaperwork and court
timeVague legal statutesStrain police/community relations
Selective Law EnforcementPolice under-enforce some laws,
over-enforce others

2. ProblematicUnfair for police to respond differently to similar
situationsOfficers may abuse power by targeting specific
individuals or groupsMay lead to favoritism and corruption
Legal Factors Affecting ArrestSeriousness of offense
Prior arrest record
Presence of evidence
Reasonable suspicion
Nonlegal Factors Affecting ArrestDemeanor and respect toward
law enforcement
Race
Sex
Social class
Additional Extralegal FactorsOfficer characteristics may affect
arrest decisionAgeEducation levelRaceGender
Department policy
Informal culture of department
Pros and Cons of DiscretionArguments in support of discretion,
need for individualized justice
ConsLow visibility of discretionary decisionsSuspects denied
due processSome citizens receive preferential treatmentPublic
may see discretion as being biased against some groups

3. Controlling Police DiscretionWritten rules provide officers with
guidelines re what actions to take in certain situationsHigh-
speed pursuitsUse of forceHandling special
populationsOvertime hoursOutside employment
TechnologyAutomatic Vehicle Locator monitors patrol cars
Police CorruptionMisuse of authority by officers for the benefit
of themselves or others
One of the oldest and most persistent problems in policing
Costs of Police CorruptionUndermines agency integrity
Protects other criminal activities
Undermines criminal justice system effectivenessUndermines
agency professionalism
Imposes secret tax on honest businesses
Undermines public confidence in police
Types of CorruptionCorruption of authority
Kickbacks
Opportunistic theft
Shakedowns
Protection of illegal activities“Fixing” charges
Direct criminal activities
Internal payoffs
“Flaking” or “pudding”
Noble cause corruption
Investigating Police CorruptionChicago Crime Commission

4. (1920s)
Wickersham Commission (1929)
Knapp Commission (1973)Grass eatersMeat eaters
Mollen Commission (1990s)
Corrupt Police DepartmentsRotten apples and rotten pockets
Pervasive unorganized corruption
Pervasive organized corruption
Explaining Police CorruptionOfficer personality
Police discretion
Minimal supervision
Low public visibilityLimited accountability
Peer group secrecy
Managerial secrecy
Managing Police CorruptionHonest administration; chiefs lead
by example
Train recruits
Internal Affairs unit
Prosecute officers suspected of breaking the law
Reward honest officers
Police Use of ForceCapacity to use coercive force a defining
characteristic of policing
Limits on force police may useLimited by lawMay only use
when performing official dutiesNot used maliciously or
frivolously

5. General rule: Police may only use as much force as reasonably
necessary
Police BrutalityUnlawful use of force: all unnecessary force
used by police
1931 commission found widespread use of coercion and force
Commission investigating the LAPD after Rodney King assault
found 5% of officers accounted for more than 20% of
allegations of excessive force
Reducing Police BrutalityIdentification of violence-prone
officers before they act out
Independent review boards
More effective disciplinary procedures
Refined police selection criteria
More thorough police training
Deadly ForceFleeing-felon rule: police could shoot fleeing
felony suspectTennessee v. Garner (1985) found this doctrine
unconstitutional
Defense-of-life standard: use deadly force only in defense of
own or another’s life
Preservation-of-life standard: police must use every other means
possible to maintain order before turning to deadly force
Deadly ForceDeadly force: amount of force likely to cause
serious bodily harm or death to another person
Departments may be sued, officers may be criminally

6. prosecuted or dismissed
Deadly force not evenly appliedVaries between cities and across
neighborhoodsRacial and ethnic minorities killed in
disproportionate numbersFew police-citizen contacts end with
deadly force
High-Speed PursuitsCan be very dangerous; suspects, innocent
bystanders, officers may be injured or killed
Departments are training officers in defensive driving
Formalizing procedures and enforcing written policies regarding
when officers may participate in pursuit of fleeing suspect
Decision to PursueSeverity of the offending infraction
Speed of travel
Number of pedestrians and vehicles on the streetWeather
conditions
Whether suspect is known and can be apprehended later
Whether benefits of apprehension outweigh the risks of pursuit
Police StressInterferes with police officers’ ability to carry out
duties
Stress: upsetting condition, occurs in response to adverse
external influences, capable of affecting officer’s physical
health
Causes of Police StressPersonal/family factors
Nature of police work
Conflict with supervisorsFrustration with courts

7. Relations with media
Criticism from public
Factors Affecting Stress LevelsOfficer’s personality and
background characteristics
Work experience
Level of education
Assigned duties
Results of StressPoor job performance
Absenteeism
Corruption
AlcoholismHeart disease
Divorce
Child abuse/neglect
Women in PolicingLola Baldwin: first female officer1905,
Portland, OR PD
Alice Stebbins-Wells: first regularly commissioned female
officer1910, LAPD
By 1925, women employed in more than 145 departments
Today, nearly 12% of all police officers nationwide are female
Women in Policing1967 President’s Commission on Law
Enforcement and the Administration of Justice report stated
women should perform same duties as men
Glass ceiling: percentage of women in supervisory roles is very
small

8. Women in PolicingWomen officers equally effective as men
Perform as well as men, use similar techniques, no more likely
to display weapons
Less likely to use deadly force
Respond more effectively to domestic violence incidents than
men
African Americans in PolicingFirst African American officers
hired in Washington, D.C. in 1861
1900: about 3% of all officers were African American
Today about 12% of officers are African Americans
Few differences in job performance between African American
and white officers
Latinos in PolicingFirst Latino officers hired in 1896 in NYC
Today about 11.6% of officers are Latinos (about 14% of U.S.
population is Latino)
Female and Minority Local Police Officers
Source: Hickman, M., & Reaves, B.A. (2015). Local police
departments, 2013. Washington, D.C.: U.S. Department of
Justice
Increases in Minority OfficersIncrease partly due to lawsuits
filed by African Americans and Latinos

9. Charged that departments discriminate against them on entrance
requirements and promotion exams
Supreme Court has ruled that departments must demonstrate
hiring and promotion requirements are job related, bias free,
fairly administered, properly graded
Equal Employment Opportunity Act of 1972Set stage for
affirmative action programs and quota systems for hiring and
promotion of police officers
Critics of quotas say they violate the Civil Rights Act of 1964
Proponents say they are a needed remedy for past wrongs
CHAPTER 5
Police and the Law
IntroductionConstitution grants and limits police powers
Constitution gives citizens inalienable rightsFourth
AmendmentFifth AmendmentSixth AmendmentFourteenth
Amendment
Search and SeizurePolice must have reasonable suspicion or
probable cause to take action against suspect
To conduct search, police must eitherReceive permission from
property ownerObtain search warrant
Search warrantPresent affidavit of probable cause to judicial

10. officerTotality of the circumstances rule
The Exclusionary RuleProhibits introduction of illegally
obtained evidence into a criminal trial
Weeks v. United States (1914) established rule; applied only to
federal officersSilver platter doctrine
Mapp v. Ohio (1961) extended exclusionary rule to states
Exclusionary Rule ExceptionsInevitable discovery rule
Evidence obtained illegally but that would have eventually been
discovered during lawful investigation is admissible
Good faith exceptionIllegally obtained evidence admissible if
police had good reason to believe actions were legal
Knock-and-announce rule
“One Arm’s Length” RuleChimel v. California (1969)Upon
arrest, police may search the suspect and the immediate area
occupied by the suspect
New York v. Belton (1981) applied Chimel rule to automobile
searches
Stop and FriskTerry v. Ohio (1968)Legal stop must be based on
officer’s reasonable suspicionOfficer may frisk only if officer
has reasonable fear for own safety or that of others
Does not apply in all cases; officer must establish reasonable
suspicion first
Reasonable suspicion established by totality of circumstances

11. Motor Vehicle SearchesCarroll doctrine: warrantless searches of
vehicles allowed if police have probable cause for assuming
vehicle involved in illegal activities
Series of Supreme Court cases have established how exhaustive
a vehicle search may be
Vehicle Search CasesUnited States v. Ross (1982)
California v. Acevedo (1991)
Illinois v. Caballes (2005)
Delaware v. Prouse (1976)
Michigan Department of State Police v. Sitz (1990)
Plain View DoctrineEstablished in Harris v. United States
(1968)
Police may seize evidence if it is inadvertently discovered in a
place where police have a legal right to be
Open Field SearchesCommonly used by law enforcement in
searches for drug grows and manufacturing in pastures and
agricultural fields
Court ruled that open field searches were legalHester v. United
States (1924)Oliver v. United States (1984)Florida v. Riley
(1989)
Consent SearchesWarrantless search legal when consent is
given voluntarily by someone with authority to give consent

12. Florida v. Bostick (1991): police may board buses, trains, and
planes and ask passengers to consent to being searched, without
a warrant or probable cause
Georgia v. Randolph (2006)Police may not enter a home to
conduct a search if one resident gives permission but the other
does notException: evidence of abuse or other circumstances
requiring immediate entry
Abandoned PropertyCourt consistently held that police can
conduct warrantless searches of abandoned property
California v. Greenwood: garbage left in public place has no
reasonable expectation of privacy
Border SearchesUnited States v. Martinez-Fuerte (1976)
Police do not need probable cause to stop cars and question
passengers at fixed checkpoints
Purpose is to seize illegal drugs and control illegal immigration
Electronic SurveillanceOlmstead v. United States (1928):
electronic eavesdropping does not violate constitutional rights
Federal Communications Act of 1934: no person not authorized
by the sender shall intercept any communications
Katz v. United States (1967): Fourth Amendment protects
privacy regardless of place of offense
Kyllo v. United States (2001): government electronic
surveillance is an unreasonable search and requires a warrant
ArrestWhen police establish probable cause or directly observe

13. a crime, they can make an arrest
Arrest occurs when police physically take a suspect into custody
based on the belief that the suspect has committed a crime
Arrest WarrantWritten order instructing police to arrest specific
person for specific crime
Granted if police can demonstrate probable cause
Faulty arrest warrant can create issues of legal liability
Police LiabilityAffidavit must establish probable cause
Good faith defense (United States v. Leon): officer must
proveOfficer believed in good faith that actions were
lawfulOfficer believed legality of conduct was reasonable
Judicial LiabilityJudicial officers have absolute immunity from
criminal and civil prosecution
Judicial officers must rely on information given to them
Defendant cannot file civil suit against a judge who issues a
search warrant when no probable cause exists
Warrantless ArrestsPolice may make warrantless arrests
if:Observe a felony in progressHave knowledge that a felony
has been committed and probable cause to believe it was
committed by a particular suspectLaw of jurisdiction permits
police to arrest without a warrant
In-presence requirement: police cannot make warrantless
misdemeanor arrests unless crime committed in officer’s
presence

14. Police do not need to delay an arrest because they lack a
warrant
Miranda WarningMiranda v. Arizona (1966): police must inform
accused of certain constitutional rights
Legal triggersPerson in physical custody Interrogation
Police may not use interrogation procedures that intimidate the
suspect
Cases Affecting MirandaBrewer v. Williams (1977)
Edwards v. Arizona (1981)
New York v. Quarles (1984)
Arizona v. Roberson (1988)
Berghois v. Tompkins (2010)
BookingProcess of officially recordingName of the person
arrestedPlace and time of the arrestReason for the arrestName
of the arresting authority
Other information collectedPhotographs and
fingerprintsHandwriting, voice, blood samples
Once booked, suspect held in police custody until initial
appearance before judicial officer
Line-UpsPretrial identification procedureSeveral people are
shown to a victim or a witness of a crimePerson is asked
whether anyone in the line-up committed the crime
Police cannot suggest that one of the people in the line-up is the

15. suspect
Interrogation and ConfessionsInterrogationStage in the pretrial
process where police ask suspects questions to obtain
information that might not otherwise be willingly disclosed
ConfessionVoluntary declaration to another person by someone
who has committed a crime in which he or she admits to
involvement in the offense
Confession cannot be precipitated by promise, threat, fear, or
torture
What is a Coerced Confession?Long delays coupled with
constant interrogation was form of psychological torture
Coercion can be mental or physical
Courts determine admissibility of confessions by examining
totality of circumstances
Can Delay Constitute Coercion?McNabb v. United States
(1943): no unnecessary delay between arrest and arraignment
Mallory v. United States (1957): broadened McNabb
Omnibus Crime Control and Safe Streets Act (1968)Abolished
McNabb-Mallory ruleAdmissibility of a confession based on
voluntary nature of confessionDelay in arraignment one factor
in determining whether confession was “voluntary”
Do Suspects Have a Right to Counsel During
Interrogation?Gideon v. Wainwright (1963): any person charged
with a felony has the right to counsel

16. Argersinger v. Hamlin: accused has right to counsel in
misdemeanor cases if facing possibility of incarceration
Escobedo v. Illinois (1964): felony suspects may request that
attorney be present during police interrogation
CHAPTER 4
Police History and Organization
Our English HeritageOrigins of American police traceable to
England
English heritage contributed three key ideas to American
policingPolice have limited authorityLocal controlDecentralized
English Models of PolicingKin policeVoluntary modelAdult
males protected neighbors
Frankpledge TythingsHundredsShireParish-constableNight
watchmanHue and cry
Uniformed policeThief takersBow Street RunnersMetropolitan
Police Act
American PolicingColonists brought over the parish-constable
model
Colonists began evading their policing duty
Ordinances and fines not completely effective

17. Origins of Organized PoliceThreats of fines insufficient; police
work not attractive
Philadelphia tried hiring police; approach failed
Public riots frequent; precursor to Revolution
Crime increased
Growth, Brutality, and CorruptionGrowing population—
migrants and immigrants
American cities implemented system similar to London police
model
Decentralized police and local political control led to police
brutality and corruption
Police ProfessionalismTheodore Roosevelt as NYC police
commissioner Changed how department was runReduced
corruption
Inspired other departments to make similar changes
August VollmerChief of Police, Berkeley, CA; used Roosevelt’s
ideas, added new ones
Key principles of reform agendaRestrict political influenceHire
qualified managersRedefine police roleRaise personnel
standardsApply scientific managementDevelop specialized units
Police ProfessionalismProfessionalism movement did not fulfill
its own expectations

18. Technology changed how police workedAutomobilesTwo-way
radiosTelephones
Testing the Reform Model1960s: social unrest, clash between
police and public
Police reforms failed to calm angry public
Supreme Court decisionsMapp v. OhioMiranda v. ArizonaKatz
v. United States
A Quiet RevolutionCommunity policingPolice/public
partnershipReactive strategy
Problem-oriented policingProactive strategyPolice identify
problem, develop solution
Zero-tolerance policingBroken windows theory
Local Police18,000+ local policing agencies
Regardless of size, local police have similar duties
Racial, ethnic, gender composition very different from past
police
Sheriff’s DepartmentsSheriff: Chief law enforcement officer of
countyUsually elected
Duties more varied, demanding than those of city police
Jurisdiction may have large geographical size but small
population

19. State Police49 states have police agencies
Statewide authority
Conduct investigations, enforce traffic laws, and respond to
calls for service
Federal PoliceWide variety of duties
73 federal policing agencies
Employ more than 100,000 people authorized to make arrests
and carry firearms
U.S. Marshals ServiceOldest federal police agency
Enforcement arm of federal courts
Involved in every federal policing program
Broadest authority, jurisdiction of all federal officers
U.S. Secret ServiceEstablished in 1865 as bureau of Department
of Treasury
Originally created to combat currency counterfeiting
Now also protects President, VP, heads of state
U.S. Postal Inspection ServiceFounded in 1737 by Benjamin
Franklin
Investigates crimes that may adversely affect the U.S. mail, the
postal system, or postal employees
Federal Bureau of InvestigationPrincipal investigation arm of

20. the Department of Justice
Primary focus: counterterrorism, cyber crime, white-collar
crime, organized crime, major thefts, violent crime
Authorized to provide support to other law enforcement
agencies
International Police: InterpolNo official international police
force
Interpol facilitates international police cooperation and supports
organizations in preventing, combating international crimes
ResponsibilitiesSecure global police communication
servicesOrganize data services and databases for policeOperate
police support services
Private Security OfficersNot sworn officers; arrest powers
restricted
About three times as many private security officers as public
sworn officers
Police officers may moonlight as private security
Private security officers typically poorly trained
Holmes 1
Holmes 2
Ariel Holmes
Week 2 Summary
Professor Cole
June 14, 2019

21. Summary
During the second week of Intro to Criminal Justice we were
allocated a quite hefty load of work at hand for such a short
measure of time. About what precisely? I'd have to state we've
found out about three more chapters, specifically concentrating
on our criminal justice system.
Section four begins off with Our English Heritage. As early as
the Origins of American police tracing back to England. I was
so stun to discover that in 1829, Peel built up the Metropolitan
Police Services in London. London out of every other place on
earth? You would imagine that America would had been done
such an administration before anyone else. Just, in light of the
fact that America was developing gradually yet without a doubt
around this time span. Not to stress, it embodied a portion of
the English heritage key ideas to American policing Police.
These three key thoughts were to have constrained authority,
Local control, and to be Decentralized.
As we investigate the English Models of Policing, we
discovered that Neighbors were relied upon to help one another.
This type of social control was alluded to as "Kinfolk Policing"

22. by Charles Reith of English descent. In light of the fact that it
depended on the possibility that families and groups were in
charge of the activities of their own individuals. I'm not exactly
sure, how precise this could have been on the grounds that I'm
more than sure without any doubt that if this sort of policing
still existed in this age numerous people would be out Scott
free. Generally, your neighbors are your dear companions. For
what reason would they need to see you imprisoned?
My undisputed top choice, from this section must find out about
the "Mapp v. Ohio" Supreme court of the United States choice.
This case was is fantastic. It governed in the time of 1961 and
expressed that any proof acquired disregarding the Fourth
Amendment, which expressed that "absurd hunts and seizures,"
cannot be utilized in state law criminal arraignments in state
courts. This case must be my most loved on the grounds that
I’ve seen one of my companions, who was unlawfully searched
with no reason. Things like this bother me. His case was later
tossed out in light of the fact that it was unlawful yet clearly
some maltreatment their position.
In the final analysis, crime is defined as an action or omission
that constitutes an offense that may be prosecuted by the state
and is punishable by law. With that being said, I feel as though
there should be a combined effort to ensure that if crime rates
cannot be eliminated, then the numbers should at-least decrease
over the years. It starts with the little things, us the people. If
individuals went around teaching as well as understanding the
darkness’s about crime, I think the world would be somewhat
more of a better place.
Key Points – Chapter 4-6
1. Serious violent crime happens every twenty-six seconds