Introduction to Policing
Sgt. Michael McCutcheon
Why become a policeman?
Lt. Col. Dave Grossman U.S. Army
Killology Research Group
Expert in the field of human aggression and
the roots of violence
“Then there are the wolves, and the wolves feed
on the sheep without mercy.” Do you believe
there are wolves out there who will feed on the
flock without mercy? You had better believe it.
There are evil men in this world and they are
capable of evil deeds. The moment you forget
that or pretend it is not so, you become a sheep.
There is no safety in denial. Then there are
sheepdogs, and I am a sheepdog. I live to protect
the flock and confront the wolf.”
Who are you?
The sheep, the wolf, or the sheepdog.
Who are you? Who do you want to be?
What excites you? Is the greater good
more important than your safety?
What did you do at work today?
Policeman
You will live your life in a fishbowl
The public expects police officers to exhibit a
higher level of personal and professional conduct
than people in other occupations
You deal with the small percentage of society that
is “bad”
Will you be jaded and start to hate the people you
protect?
You will see things that no one wants to see
Everyone is watching you. Do you eat, drink, sleep,
obey the laws, behave off duty. You are judged by the
uniform you wear
And you are expected to be “okay” with it
Are you willing to put yourself in harms way for a
complete stranger?
This is what you get paid for Boston Bombing
Policemen
Police service is one of the few “businesses”
in which a large part of the clientele does
not appreciate or want the service
Enforcement of the law often creates
resentment of the police, especially if the
officers’ actions are perceived to be
selective, arbitrary, or aimed at a particular
group of people
Policemen
Police officers are exposed to temptations,
situations, and human behaviors not
found in other forms of work
Police officers often work without
supervision, are vested extraordinary
power to control the conduct and behavior
of the people they serve, and frequently
make decisions about the delivery of
police services at their own discretion
Nationally, twice as many cops - about 300
annually - commit suicide as are killed in the line
of duty, according to a study by the National
Association of Police Chiefs.
Suicide rate is 3 times the national average.
Divorce rate is 60-70% higher than the national
average
Alcoholism rate is 2 times the national average
Domestic violence rate is among the highest
of all professions
If you still want to pursue this
career
The hiring process
The following are general guidelines of
how the new police recruit process works
Remember- Each department and State will
have there own hiring process
Written test- The first step of the process.
Each department will have a different test
It could include a memory portion, general
knowledge, some police knowledge and
personality questions
Usually after a written test, a physical
requirement is given immediately following
P H Y S IC A L A G IL IT Y T E S T
E N T R Y L E V E L R E Q U IR EM E N T S
P U S H -U P S
1 - R E P E T IT IV E B E N C H P R E S S
M A LES
M A LES
FEM A LES
A G E
BR A C K ET
FEM A LES
EN TR Y
A G E
B R A C K ET
EN TR Y
EN TR Y
18 -2 9
.9 6
.5 8
1 8 -29
27
22
14
30 -3 9
.8 6
.5 2
3 0 -39
21
17
10
40 -4 9
.7 8
.4 8
4 0 -49
16
11
8
50 -5 9
.7 0
.4 3
5 0 -59
11
10
-
4
-
60+
.6 5
.4 1
(M U L T I P L Y B Y B O D Y W E I G H T )
6 0+
9
S IT -U P S
M A LES
EN TR Y
EN TR Y
18 -2 9
37
31
30 -3 9
33
24
40 -4 9
28
19
50 -5 9
22
12
60+
18
5
F u ll B o dy
1 .5 M I L E T IM E D R U N
M A N D A TO R Y
FEM A LES
A G E
B R A C K ET
EN TR Y
M o dif y
M A LES
FEM A LES
A G E
BR A C K ET
EN TR Y
EN TR Y
18 -2 9
1 2 .5 3
1 5 .3 2
30 -3 9
1 3 .2 5
1 6 .4 3
40 -4 9
1 4 .1 0
1 7 .3 8
50 -5 9
1 5 .5 3
1 9 .4 3
60+
1 7 .4 9
2 2 .0 3
Lawsuit over police testing
Police Lawsuit
Oral Boards and Practicals
Oral Board
Usually made up of different members from the
department.
Sometimes they will include a civilian
They ask questions about your intent, situational questions,
moral questions
It is meant to put stress on you and to judge your character
What is good and bad about this portion of the process?
Practical
An agency will have you “respond” to calls and see how
you respond
Different scenarios, memory questions
What is the problem with this? Why would this be helpful?
What characteristics should a police
officer posses?
The most important? Honesty. Why?
Carl Laurie
Carl Laurie was murderer. His conviction was
reversed because the State failed to disclose
material evidence about a police officer who
participated in the investigation
The personnel file of the reflected negatively on
the on the detective’s character and credibility
If you are dishonest, you need to tell the
defense about your character
If you can’t testify, you are worthless as a cop
Ethics
A police officer walks into dunkin donuts
and orders a coffee. The clerk gives the
officer his coffee and says “You’re all set.”
The officer leaves without paying.
Did the officer do anything wrong?
Is it ethical for a police officer to accept
things for free?
What if he accepted a bagel and a coffee?
Is that to much?
Can a police officer accept a gratuity?
You’re (almost) Hired
If you are chosen as a
potential candidate for
hire, you will be put
through a thorough
background
Family History
Driving History
Neighbors
Criminal History
Psychological Exam
Physical Exam
Polygraph Exam
Drug test
Police Academy
New Hampshire
3 Month academy
Overnight, week-ends off
Para-military
All agencies go to SAME academy
Massachusetts
State, local, sheriffs, Liquor Enforcement etc.
6 Month Academy
Go home at the end of the day
Several different locations
Massachusetts State Police
6 Month Academy
Overnight
All troopers go to same academy
What is “Patrol”
While on duty you will
function as a
Mediator
Parent
Crime preventer
Social worker
Referee
Enforcer of the law
Preserve life
Security
Community policing
How do we do these
things?
Traffic enforcement
Neighbor disputes
Domestic calls
Accidents
Fights
Burglaries
Investigations
Death investigations
Everything else
First responder
You are now the “first responder” for most
calls.
Fire calls, Medical calls, car accidents, cat in a
tree to dead body
You are expected to do something
Discretion
“The policeman (or woman) on the beat
or in the patrol car makes more decisions
and exercises broader discretion affecting
the daily lives of people everyday and to a
greater extent, in many respects, than a
judge will ordinarily exercise in a week”
Chief Justice Warren Burger
Right is not always right
Class discussion
The Structure of the Criminal
Justice System
Federalism – The government powers are
shared by national government and the
states
Leaves power to the States to decide moral
safety and welfare issues.
Majority of law enforcement is at the local
level.
Federal Law Enforcement – National Jurisdiction
Department of Homeland Security
Department of Justice –
Federal Bureau of Investigation (FBI)
U.S. Marshals Service
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Drug Enforcement Administration (DEA)
Department of the Treasury
Internal Revenue Service (IRS)
Charges filed in Federal Court System
Some of these officers are authorized to carry firearms and make
arrests
U.S. Secret Service
U.S. Customs Service
Bureau of Immigration and Customs Enforcement (ICE)
Transportation Security Administration (TSA)
County Law Enforcement
Sheriff DepartmentsSheriffs are elected (Except Rhode Island
and Hawaii)
Have the same responsibilities as local law
Enforcement.
Sheriff is also responsible for:
County Jails
Court Security
Civil Paper Service (Divorce, Evictions)
Dispatch Local Police
State Law Enforcement
State Law Enforcement- Highway patrol – All
States have a State Police except Hawaii
Created to:
Assist local agencies that do not have adequate
resources
Investigate jurisdictional crimes
Provide police services to towns that do not have
local police (Some towns are not 24 hour police)
Some State Agencies
Fire Marshals, Alcohol Enforcement, Most prisons are
State run, Fish and Game, Gun Laws
Local Law Enforcement
Local Law Enforcement –
3.5 local and state police officers per 1000
citizens
500,000 officers are municipal police
Majority of these police departments have
less than 10 officers
Jurisdiction is the town they work for
Deter crime
Keep the peace
Traffic Control
Investigate crime
First Responder
What is a Crime?
Crime –
A wrong against society proclaimed by law
and, if committed under certain
circumstances, punishable by society.
What is a wrong?
What about different societies?
Example DWI laws.
Where do our laws come from?
1.
Constitutional Law – Law based on the
U.S. Constitution and the constitutions
of various states.
a)
b)
c)
2.
It is the supreme law of the land
The basis for all law in the United States
States can give more rights to citizens,
not less
Statutory Law – Laws created by
federal, state and local legislators and
governing bodies.
a.
Cannot violate the U.S. Constitution
3.
Where do our laws come from
Administrative Law – Rules or orders
from administrative agencies. Federal,
State, or Local government agencies.
a.
b.
4.
OSHA, EPA, Zoning Board, FDA
Criminal Sanctions can be attached to
some violations
Case Law – Law announced in court
decisions.
a.
Relies on how the court or judge
interprets statutes, or the constitution
Mala in se vs. Mala Prohibita
Mala in se – Acts that are inherently
wrong, regardless of whether they are
prohibited by law
Ex. Murder, Rape, theft
Mala Prohibita – Acts that are made illegal
by criminal statute and are not necessarily
wrong in and of themselves
Human made laws
How bad is it?
Violation –
Traffic Offenses, No jail time. Fines only.
Misdemeanors –
(for NH)
B Misdemeanors – no jail time, no right to an
attorney
A Misdemeanor s - Criminal, up to 1 year in jail, fines,
right to an attorney
Felony – Serious Crime
Punishable by more than one year in prison or death
Right to an attorney
B Felony – 3 ½ to 7 years imprisonment. Up to $4000
fine.
A Felony – 7 to 15 years imprisonment
Substantive vs. Procedural Law
Substantive law defines crimes and the
specific punishments
Procedural law comprises the rules by
which a court hears and determines what
happens in civil or criminal proceedings
Criminal vs. Civil Law
Criminal Law – Concerned with protecting
society from harm by preventing and
prosecuting crimes. A crime against
society as a whole as well as a victim.
Civil – All types of law other than criminal.
Disputes between private individuals
and between entities.
Governs relationships between parties
Bill of Rights and the CJ System
Amendment 1
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
government for a redress of grievances.
Amendment 2
A well regulated militia, being necessary to the
security of a free state, the right of the people to
keep and bear arms, shall not be infringed.
Bill of Rights and the CJ System
Amendment 4
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon
probable cause, supported by oath or
affirmation, and particularly describing the place
to be searched, and the persons or things to be
seized.
Bill of Rights and the CJ System
Amendment 5
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual
service in time of war or public danger; nor shall any
person be subject for the same offense to be twice put
in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation.
Bill of Rights and the CJ System
Amendment 6
In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial
jury of the state and district wherein the crime shall
have been committed, which district shall have been
previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be
confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his
defense.
Bill of Rights and the CJ System
Amendment 8
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Amendment 14
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United
States and of the state wherein they reside. No state shall
make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any
state deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
Our Duty
It is our duty to serve the public and
preserve citizens rights
Which do you prefer, crime control or due
process
Criminal Vs. Civil
Civil Law
Criminal Law
Rights between
individuals
Offense against society
Suit brought by plaintiff
(victim)
Defendant defends
against the harm
Preponderance of
Evidence ( Standard of
proof)
Damages to compensate
for the harm (Torts)
Suit brought by State
Defends against the crime
Beyond Reasonable Doubt (
Standard of proof)
Punishment ( Fine or jail)
Discretion
When is discretion limited?
Lawsuits that create case law
Society wants police to be “tough on crime”
and selects certain crimes that police have no
discretion
What crimes has this happened with?
Weldy v Kingston
In 1982 Several juveniles 19, 18, 16,15 and 13 pooled
their money together and allowed the 19yo boy to buy a
case of beer. At the time the drinking age was 20.
They drank some of the beer in the car before the car
was stopped in Kingston. 2 police officers. 40 in a 60.
They reported that all of the teens had been drinking.
10 of 24 were missing. The unconsumed beer was
confiscated and the teens were let go without further
action
The teens went to Massachusetts, bought more beer and
drank until midnight. All the teens were intoxicated. On
the way home, they crash, killing he 16yo and injuring
another seriously.
At the time, the policy of Kingston gave discretion to the
officers to detain the teens or notify the parents
The officers said they couldn’t reasonably anticipate that
the teen once released would buy more alcohol
Weldy v Kingston
Because of Weldy decision
Officers who stop underage drinkers SHALL
Separate the kids, alcohol and the car
This means towing the car and taking the kids to
the station to be picked up
What if they are twenty years old?
Should officers still have discretion in this
area?
Why or why not?
Can you anticipate what “might” happen in
any situation?