Michael Auzenne Instructor GCM, CJC CHALLENGES TO EFFECTIVE POLICING I. THE ROLE OF DISCRETION IN POLICING A. Justification for Police Discretion B. Factors of Police Discretion 1. Making the Decision i. 2. C. II. Policy: A set of guiding principles designed to influence the behavior and decision making of police officers. Discretion and High-Speed Pursuits Discretion and Domestic Violence i. Domestic Violence: The act of willful neglect or physical violence that occurs within a familial or other intimate relationship. ii. Mandatory Arrest Laws: Requires a police officer to detain a person for committing a certain type of crime as long as there is probable cause that he or she committed the crime. POLICE ORGANIZATION AND FIELD OPERATIONS i. A. Bureaucracy: A hierarchically structured organization that carries out specific functions. administrative The Structure of the Police Department 1. Chain of Command i. 2. Delegation of Authority: The principles of command on which most police departments are based, in which personnel take orders from and are responsible to those in positions of power directly above them. Law Enforcement in the Field B. Police on Patrol: The Backbone of the Department i. 1. 2. 3. 4. C. The Purpose of Patrol Community Concerns Patrol Activities “Noise, Booze, and Violence” Police Investigations i. 1. 2. D. Sworn Officers: A law enforcement agent who has been authorized to make arrests and use force, including deadly force, against civilians. Detective: The primary police investigator of crimes. Detectives in Action The Detection Function Aggressive Investigation Strategies 1. 2. Undercover Operations Confidential Informants i. E. Confidential Informant: A human source for police who provides information concerning illegal activity in which he or she is involved. Clearance Rates and Cold Cases i. 1. 2. Clearance Rate: A comparison of the number of crimes cleared by arrest and prosecution with the number of crimes reported during any given time period. Declining Clearance Rates Unsolved Cases i. F. Cold Case: A criminal investigation that has not been solved after a certain amount of time. Forensic Investigations and DNA i. 1. Forensics: The application of science to established facts and evidence during the investigation of crimes. Crime Scene Forensics i. ii. a. b. 2. The Human Fingerprint Bloodstain Pattern Analysis The DNA Revolution i. 3. DNA Fingerprinting: The identification of a person based on a sample of her or his DNA, the genetic material found in the cells of all living things. DNA in Action a. Databases and Cold Hits i. b. c. III. Trace Evidence: Evidence such as fingerprints, blood, or hair found in small amounts at a crime scene. Ballistics: The study of firearms, including the firing of the weapon and the flight of the bullet. Cold Hit: The establishment of a connection between a suspect and a crime, often through the use of DNA evidence, in the absence of an ongoing criminal investigation. New Developments An Imperfect Science POLICE STRATEGIES: WHAT WORKS A. Response Time to 911 Calls i. 1. Response Time and Efficiency i. 2. Response Time: The rapidity in which calls for service are answered. Improving Response Time Efficiency i. B. Incident-Driven Policing: A reactive approach to policing that emphasizes a speedy response to calls for service. Patrol Strategies Differential Response: A strategy for answering calls for service in which response time is adapted to the seriousness of the call. i. ii. 1. 2. C. General Patrol: A patrol strategy that relies on police officers monitoring a certain area with the goal of detecting crimes in progress or preventing crime due to their presence. Directed Patrol: A patrol strategy that is designed to focus on a specific type of criminal activity at a specific time. Testing General Patrol Theories in Kansas City Interpreting the Kansas City Experiment Predictive Policing and Crime Mapping 1. Finding “Hot Spots” i. 2. D. Hot Spots: Concentrated areas of high criminal activity that draw a directed police response. ii. Crime Mapping: Technology that allows crime analysts to identify trends and patterns of criminal behavior within a given area. The Rise of Compstat Arrest Strategies i. 1. Reactive Arrests: Arrests that come about as part of the ordinary routine of police patrol and response to calls for service. ii. Proactive Arrests: Arrests that occur because of concerted efforts by law enforcement agencies to respond to a particular type of criminal or criminal behavior. The Broken Windows Effect i. 2. E. Broken Windows Theory: The theory that a neighborhood in disrepair signals that criminal activity is tolerated in the area. Supporters and Critics Community Policing and Problem Solving i. 1. 2. Community Policing: A policing philosophy that emphasizes community support for and cooperation with the police in preventing crime. Return to the Community Problem-Oriented Policing i. F. IV. Problem-Oriented Policing: A policing philosophy that requires police to identify potential criminal activity and develop strategies to prevent or respond to that activity. Local Police and Anti-Terrorism “US VERSUS THEM”: ISSUES IN MODERN POLICING A. Police Subculture i. 1. Police Subculture: The values and perceptions that are shared by members of a police department and, to a certain extent, by all law enforcement agents. The Core Values of Police Subcultures i. ii. 2. Police Cynicism i. B. Police Cynicism: The suspicion that citizens are weak, corrupt, and dangerous. The Physical Dangers of Police Work 1. Officers Killed and Assaulted i. 2. C. Socialization: The process through which a police officer is taught the values and expected behavior of the police subculture. Blue Curtain: A metaphorical term used to refer to the value placed on secrecy and the general mistrust of the outside world shared by many police officers. Body Armor: Protective covering that is worn under a police officer’s clothing and designed to minimize injury from being hit by a fired bullet. Automobile Crashes Stress and the Mental Dangers of Police Work 1. Police Stressors i. 2. Stressors: The aspects of police work and life that lead to the feelings of stress. The Consequences of Police Stress i. D. Authority and the Use of Force 1. 2. The “Misuse” of Force Types of Force i. ii. 3. 4. Reasonable Force: The degree of force that is appropriate to protect the police officer or other citizens and is not excessive. Deadly Force: Force applied by a police officer that is likely or intended to cause death. The United States Supreme Court and Use of Force Less Lethal Weapons i. V. Burnout: A mental state that occurs when a person suffers from exhaustion and has difficulty functioning normally as a result of overwork and stress. Conducted Energy Devices: A less lethal weapon designed to disrupt a target’s central nervous system by means of a charge of electrical energy. POLICE MISCONDUCT AND ETHICS i. A. Racial and Ethnic Biases in Policing 1. 2. B. Perceived Bias Police Attitudes and Discretion Police Corruption i. 1. 2. C. Professionalism: Adherence to a set of values that show a police officer to be of the highest moral character. Police Corruption: The abuse of authority by a law enforcement officer for personal gain. Types of Corruption Corruption in Police Subculture Police Accountability 1. Internal Investigations i. 2. Citizen Oversight i. D. Internal Affairs Unit: A division within a police department that receives and investigates complaints of wrongdoing by police officers. Citizen Oversight: The process by which citizens review complaints brought against individual police officers or police departments. Ethics in Law Enforcement i. 1. Ethical Dilemmas i. 2. Ethics: The rules or standards of behavior governing a profession; aimed at ensuring the fairness and rightness of actions. Noble Cause Corruption: Knowing misconduct by a police officer with the goal of attaining what the officer believes is a “just” result. Elements of Ethics i. Duty: The moral sense of a police officer that he or she should behave in a certain manner.