Chapter 5: Issues in Policing

 

Basic Dilemmas

 

“Dilemmas” in Policing:

• External political pressures
• Allocation of police time
• Proactive vs. Reactive Policing
• Stress

 

Allocation of police time and proactive vs. reactive: Is routine preventive patrol effective?

 

Routine preventive patrol: Traditional method of patrol where officers drive around their areas of assignment (beat/zone) in a random fashion in an effort to prevent crime through their presence. Goal- omnipresence (give the appearance and feeling police are everywhere)

 

Kansas City Preventive Patrol Experiment (1972-1973) - most frequently cited experiment on the effectiveness of routine preventive patrol

 

South Patrol Division was divided beats into three groups-

·        Reactive- no routine patrol, responded to calls for service only

·        Control- no change- maintained normal level of routine patrol

·        Proactive- doubled or tripled the level of routine preventive patrol

 

Results: no significant difference in-

·        Crime

·        Citizens fear of crime

·        Police response times

·        Traffic accidents

·        Community attitudes toward police on delivery of service

 

End result- forced law enforcement to question traditional notions (omnipresence) and consider alternative styles of policing

 

Directed patrol- a variety of strategies and methods and the use of “discretionary time” to focus on specific goals and problems

 

Goals/problems determined through various methods, including crime analysis, complaints, and political considerations

 

Problem Oriented Policing

 

Problem oriented policing: policing method that focuses on problem solving rather than incident handling.

 

SARA Problem Solving Process:

• Scanning- identifying the problem
• Analysis- learning causes, scope, effects of problem
• Response- development of a plan and acting to alleviate problem
• Assessment- evaluate the response

 

Domestic Violence

 

The predominant type of violence in America is interpersonal violence, which demands a large portion of police resources.

 

Domestic violence: The use or threatened use of force against a family member or someone in a close personal relationship that is usually described by law.

 

KRS Definitions:

 

(1) "Domestic violence and abuse" means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple;

 

(2) "Family member" means a spouse, including a former spouse, a parent, a child, a stepchild, or any other person related by consanguinity or affinity within the second degree; and

 

(3) "Member of an unmarried couple" means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together.

 

Types of domestic violence-

• Partner abuse
• Stalking
• Child abuse
• Elder abuse

 

Statistics:

• Research shows abuse is a factor in 44% of female suicides
• Domestic violence occurs in 28% of marriages
• Women in families of less than $10,000 income 5X more likely to be abused than those in incomes of $30,000
• 17% of pregnant women are abuse

 

Arrest- considered by many agencies as the preferred course of action.

 

KRS provides: Police officers may arrest without a warrant and upon probable cause in situations of domestic violence-

 

“Any peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person has intentionally or wantonly caused physical injury to a family member or member of an unmarried couple.”

 

Minneapolis Domestic Violence Experiment (1981):

 

Examined three police responses-

1. Arrest
2. Give advice only
3. Order suspect to leave

 

Result- arrest was most effective in preventing further violence

 

Other research has had varied results.

 

Failure to Protect Lawsuits- Thurman v. City of Torrington (1984)

 

Facts- Tracy Thurman was the victim of repeated threats and violence by her husband. She made at least 11 reports of abuse over an eight month period. At one point her husband was arrested and placed on probation. One day in 1983, her husband came to her residence in violation of his probation. She called police. After 15 minutes, she went outside thinking the police would arrive. She was stabbed 13 times. She subsequently sued the City of Torrington Police Department for “failure to protect”. She was awarded $2.6 million dollars by a jury and, after an appeal, settled for $2 million.

 

Message- Domestic violence is a crime to be taken seriously. Departments and officers can be sued for failure to protect.

 

Departments can reduce the risk of suits by developing and implementing pro-arrest policies in domestic violence cases.

 

Stress

 

Sources of stress for police officers:

• Internal, individual stressors
• Stressors inherent to the police job
• Administrative and organizational stressors
• External stressors (from criminal justice system, media, citizens, etc)

 

Stress may lead to-

• Posttraumatic Stress Disorder (PTSD) - a mental disorder resulting from a traumatic event
• Burnout- a syndrome of emotional exhaustion resulting from prolonged periods of stress
• Depression
• Suicide

 

Major pathogens of concern for police:

·        HIV/AIDS. The HIV virus is a blood-borne pathogen which is also present in other bodily fluids.

HIV/AIDS and Investigators: At crimes, accidents, and other scenes with a potential or known HIV risk, investigators should have special knowledge and employ self-protection techniques.

·        Hepatitis B and C. Hepatitis B (HBV) is the most common serious disease in the world and it is the leading cause of liver cancer.

·        Tuberculosis. Tuberculosis (TB) is a chronic bacterial infection which is the leading infectious disease killer in the world; it is spread by the air and usually infects the lungs, although other organs may be involved.

 

Police Subculture

 

Police culture (or subculture): set of norms or beliefs that guide the behavior of a particular group of police officers

 

Blue curtain: A police subculture characterized by cynicism, clannishness, secrecy, and insulation

 

Police Misconduct (Deviance)

 

Ethics: a guiding philosophy or discipline dealing with what is good and bad and with moral duty and obligation

 

Code of ethics- established accepted standards of behavior of a profession

 

Types of police deviance:

• Nonfeasance: Failure to take action as required by law or policy.
• Misfeasance: Performing a required act in an unacceptable, inappropriate, or unprofessional manner.
• Malfeasance: Illegal conduct related to the misuse of legitimate authority.

 

Corruption: The sale or use of legitimate authority for personal gain.

 

Ways to combat police deviance and corruption:

• Have a strong/aggressive internal review system.
• Utilize outside review (e.g., citizen review boards, special prosecutors, court review).
• Utilize intensive training and education related to ethics and other topics.

 

Knapp Commission: A public body that investigated police corruption in NY during the 1970s. Determined that the majority of officers were "grass eaters" rather than "meat eaters", but it was the meat eaters that got the publicity.

• Meat eaters- heavily involved in corruption by demanding and threatening extortion for money.
• Grass eaters- less involved in corruption such as taking bribes from bookmakers to look the other way.

 

Mollen Commission: Another commission that investigated corruption in the NYPD during the 1990s. Again found that some NYPD officers were involved in violence and drugs.

 

Police and Violence

 

While television may portray police as being constantly involved in violent situations, most situations involving police use of force are interactions such as grabbing suspects and restraining them. Weapons are rarely used.

 

Each year for every 1000 police officers:

·        4 shoot at civilians

·        500 handcuff a suspect

·        250 use bodily force of some type

 

Research has shown that police treatment of suspects is more likely to be a function of their demeanors (disrespect or disregard for authority) rather than a function of race, class, or other factors.

 

Use of Deadly Force

 

“Fleeing Felon Rule” originated in England when all felonies were capital offenses:

• Prior to guns, offenders had to be apprehended at close range.
• Offenders would likely kill their pursuer because they had nothing to loose.
• Therefore, it became common practice (and embedded in common law) to kill offenders who did not willingly submit.

 

Tennessee v. Gardner, 1985: the U.S. Supreme Court ruled that the use of deadly force against apparently unarmed and non-dangerous fleeing felons is an illegal seizure of their persons under the Fourth Amendment.

 

Situations when police may use deadly force:

1.      self defense

2.      defense of another (from death or serious physical injury)

3.      fleeing felon when-

• the suspect has committed a felony involving the use or threatened use of physical force likely to cause death or serious physical injury
• the officer believes the person to be arrested is likely to endanger human life if not apprehended without delay

 

Factors related to police shootings:

·        Exposure to violence.

·        Workload (stress).

·        Firearms availability.

·        Social variables. E.g., disparities between socioeconomic levels.

·        Administrative policies. Polices of the department greatly influence officers.

·        Race. (Research has shown that whether a suspect is armed, violent nature of the crime and whether the officer is attacked is more significant that race issues.)

 

Pursuit

Pursuit: active attempt by a police officer to stop a motorist who is aware of the officer’s
                                    intention to stop and who maintains or increases his/her speed or otherwise ignores the officer’s attempt to stop

Lawsuits- officers may be held criminally
                                    and civilly responsible for damage, especially if “shocks the conscious”

Eight amendment-“Excessive bail shall not be
                                    required, nor excessive fines, nor cruel and unusual punishments inflicted”

 

Violence Against Police

 

During 2002, a total of 56 law enforcement officers were feloniously killed in 26 states and the United States Territory of Puerto Rico. City police departments employed 27 of the fallen officers; county police and sheriff’s offices employed 19 officers; state agencies employed 4 of the victims; and federal agencies employed 2. (Source: FBI Officers Killed in the Line of Duty, 2002).

 

Controlling the Police

 

Internal Controls (Regulation by the police departments)

• Proper selection (hiring and promotion)
• Clear policies and procedures
• Training
• Strong leadership and supervision
• Aggressive complaint review process (internal affairs)

 

External Controls (Regulation by the courts)

• Exclusionary rule
• Liability

 

Basic types of liability:

1. Criminal- violation of a criminal law that is punishable by fine or incarceration
   • Federal (Title 18, Section 242, USC)
   • State
2. Civil- a wrongdoing against a person (tort) that requires restitution
   • Federal (Title 42, Section 1983, USC, aka Civil Rights Act)
   • State

 

Civil Rights Act (Title 42, Section 1983, USC):

 

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.

 

Effect of Section 1983- Any officer that violates a person’s constitutional rights can be sued.

 

Common civil actions brought against police officers:

• False arrest or imprisonment (most common)
• Malicious prosecution- initiating a criminal proceeding in bad faith for malicious purposes
• Excessive force (second most common)
• Wrongful death (intentional or negligent)
• Negligent operation of a vehicle
• Failure to protect or negligent service

 

Vicarious liability- others specifically associated with a person being sued may also be responsible for that person’s action (e.g., supervisors, managers, etc.)

 

Common civil actions brought against supervisors and managers:

• Negligent hiring
• Failure to train
• Failure to supervise
• Failure to intervene
• Negligent retention

 

Defenses to civil liability:

• Lack of intent (for intentional torts)
• Good faith
• Acted in reasonable manner

 

To reduce the incidence of lawsuits, agencies should:

• Develop clear and effective policies
• Conduct thorough and continuous training
• Proper supervision and discipline
• Thorough documentation of incidents

 

To reduce the incidence of lawsuits, officers should:

• Know and follow policies and procedures
• Remain in the scope of duties
• Always act professionally
• Know and respect rights
• Seek advice when in doubt
• Carefully document incidents/activities
• Maintain good community relations
• Keep current on civil and criminal law