PS 305 Test 2- Policing

What is the history of policing in the US?

2 Trajectories:

1- trace roots to English policing; incorporated the watch, constables, and sheriffs in a community-based police organization; night/day watch; reactionary rather than preemptive; monetary incentives

2- southern states traces back to slave patrols of the 17th and 18th centuries and the enforcement of Jim Crow Laws in the 19th-mid 20th centuries

Why look at the history of policing?

1. highlight changes that have occurred

2. put current problems into historical perspective

3. help us understand which reforms have worked

4. help us understand the unintended consequences of some reforms

What are the Peelian Principles?

P.E.E.L: Police Effectiveness, Efficiency and Legitimacy

1. to prevent crime and disorder

2. to recognize that the power of police to fulfill their duties/functions is dependent on public approval and to secure and maintain public respect

3. Securing the willing co-operation of the public in the task of securing observance of laws

4. Diminishes proportionately the necessity of the use of physical force and compulsion

5. to seek and preserve public favor bu constantly demonstrating absolutely impartial service to law; offering individual service and friendship to all members of the public and offering individual sacrifice in protecting and preserving life

6. to use physical force only when the exercise of persuasion, advice and warning is found to be insufficient

7. to maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and the public are police

8. to recognize the need for strict adherence to police-executive functions

9. to recognize that the test of police efficiency is the absence of crime and disorder and not the visible evidence of police in action dealing with them

How are partisan politics, patronage and corruption all connected to the functioning and history of police?

Partisan Politics: police were under control of local politics; ward's would select a Police Executive that was controlling over a leader's ward

Corruption: historically would systematically take off payments, bribes, vote buying

What was the role of the in Colonial America: Sheriff? The Watch? The Constables? The Slave Patrol?

Sheriff: law enforcement, collect taxes, conduct elections, maintain roads

Watch: patrol to guard fire, crime, disorder

Constables: some responsibility for enforcing law and maintaining order

Slave Patrol: Americans guarding against slave revolts and capture runaway slaves

In the history of police, what were the major reforms that came about as a result of the progressive era?

As the 19th Century wore on, cities in the US began to encounter problems similar to what was happening in London as a result of the Industrial Revolution:

The number of factories and people surged substantially which brought more crime, riots, public health issues, race/socioeconomic issues and pretty much chaos. There was a need for order and that is what Policing brought.

Professionalization:

1. emphasis on crime fighting

2. emphasis on decoupling of police administration from partisan politics

3. hiring and promoting policies based on merit

4. specialization within police forces

5. eliminate political influence from policing; appoint qualified chief executives; raise personnel standards; modern management; specialized units

What does the traditional or watchman style of policing refer to?

Places an emphasis on maintaining order in the community, or resolving disputes. NOT proactively preventing disputes. REACTIONARY.

What are the functions of police? Be able to explain and provide examples.

1. Crime Fighting or Law Enforcement

2. Order Maintenance

- ex) traffic control/crowd control

3. Service: often seen as things done in the community

What is discretion? And how does it manifest itself in policing?

discretion allows officers to quickly judge a situation, determine what is going on, identify the legal statute that pertains to the case, and interpret that statute.

Lots of ambiguity in police-civilian situations that cause officers to make on-the-spot decisions

What is curbside justice and how is it relevant to discretion?

Police-invoked justice on the streets, often involving the use of excessive force.

Police have to decide when they are out on a job between options of handling a situation and how to invoke the law.

What are the pros and cons of discretion/curbside justice in policing?

Pros:

- permits use of force when necessary to keep a community safe

- allows the officer flexibility necessary to do their job

- crime prevention

- efficiency

-individualized

Cons:

- use of excessive force

- personal bias' of officers/ unequal treatment under the Laws

- Racial profiling

- harassment

- people with wealth tend to receive benefits of discretion

- inconsistency

What are the sources of police discretion?

- ambiguity in situtations

- judge-made law

- low level of supervision for officers out on patrol; out of necessity, this often requires the exercise of significant on-the-spot decision making by offers; discretion exercised by those at the bottom of the hierarchy

Know appropriate and inappropriate variables for excercising discretion

Inappropriate: race, gender, ethnicity, religion

Difficult to gauge: prior record, locale of the incident, transiency, employment status

What was the Kansas City Preventative Patrol Experiment? What was the outcome of the study? What was its conclusion about the watchman style of policing?

Took Kansas City and broke into 6 sectors and within each sector broke into 3, with each beat having:

1) all police presence removed, 2) some police presence removed, 3) no police presence removed

What did they find? → there was no significant variation among the three beats (essentially: it did not matter how many police were on the street, the same amount of crime occurred). More Police does NOT equal less crime

What did Wilson and Kelling propose as an alternative to the watchman style of policing?

1. Zero Tolerance

2. Community Policing

**What do Weisburd and Eck and Walker propose as the best model of policing and why?

Community policing and problem oriented policing (POP) were proposed as the best model. This is because it focuses on identifying patterns and root causes of crime (not reactionary), uses data to guide strategies, improves efficiency, reduces recidivism, and builds community trust while limiting over-reliance on force.

What is the theory of Broken Windows? How is it related to zero tolerance policing and Mayor Guiliani? What are some alternative explanations?

Broken Windows: the idea that in many deteriorating neighborhoods there is a developmental sequence from disorder to crime that occurs. The first broken window, if not remedied quickly, gives the message that there is no cost to this (illegal) behavior. Thus, leads to more serious crimes. (zero-tolerance/Giulani: strict enforcement of relatively minor offenses so that it does not escalate)

Argues that the developmental sequence has to be addressed at the first broken window.

Alternative explanations: there is just an overall decrease in crime

What is community policing?

CP emphasizes preventative measures with an emphasis on order maintenance, with one of the main goals being the improvement of police/community relations

What are the 4 major components of community policing?

1. Policy-Community Reciprocity: when police must get to know and tailor their resources to the community they work in; a different perspective, police need to know the community that they are serving. Accountable to the community

2. Decentralization of Command: having many stations throughout a larger city that increases interaction between police and the city

3. Reorientation of Patrol: if possible, get the police out of the car. Patrol cars inhibit interaction with the public, not really getting to know the community.

4. Civilianization: involves enhanced use of civilians when police force is not necessary- ex) community watch, mediating community disputes

What is the Problem Oriented Model of Policing (POP)?

Combines aspects of CP and Hot Spot

Both focused on a particular "problem" which may include acting in a preventative manner before crimes are committed and it uses all the tools at the disposal of the police

SARA model: Scanning, Analysis, Response, Assessment

What is Hot Spot Policing?

a contemporary policing strategy in which law enforcement agencies focus their resources on known areas of criminal activity by using computerized technology to focus on a particular geographical area

What is reasonable use of force?

Objectively reasonable means that it does not matter whether the officer himself believed that the conduct was legal. Instead, the officer has to prove that a reasonable officer could have believed that the conduct was legal.

Introduced in Graham v. Connor, the "objectively reasonable" standard establishes the necessity for the use and level of force to be based on the individual officer's evaluation of the situation considering the totality of the circumstances.

What is excessive force? How do you define it? What does it include? What precedent exists?

Excessive force refers to force in excess of what a police officer reasonably believes is necessary. A police officer may be held liable for using excessive force in an arrest, an investigatory stop, or other seizures.

What does the data say regarding the public interaction with police and the use of force?

What's the difference between civil rights and civil liberties?

Civil rights concern the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment, education, housing, and access to public facilities VS.

Civil liberties concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted or inferred through the years by legislatures or the courts. (ex- Freedom of Speech; Right to Privacy; right to marry; right to vote; right to be free from unreasonable searches of the home, etc)

Be able to discuss Ferguson, Baltimore and North Charleston cases. What were facts of the cases. Be able to answer question in number 20.

What is selective incorporation? How is it related to the 14th amendment? Why is selective incorporation relevant to the exclusionary rule?

Selective incorporation is defined as a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens. The part of the constitution that provides for selective incorporation is the 14th Amendment.

Cases to know the facts and the relevance: Weeks v. United States (1913); Miranda v. Arizona (1966); Dickerson v. US (2000); Mapp v. Ohio (1961); Nix v. Williams (1984); Arizona v. Hicks (1987); Horton v. CA (1990); Whren v. US (1996); NY v. Belton (1981); Arizona v. Gant (2009); Terry v. Ohio (1968); Minnesota v. Dickerson (1993); US v. Raymond (1998); Creighton v. Anderson (1997); Riley v. CA; US v. Wurie; US v. Carpenter (2017); US v. Ganias. Can you provide two examples of how the exclusionary rule has developed from Mapp v. Ohio through one or two of the cases that have followed after Mapp?

on other quizlet

What is the justification of the exclusionary rule from the Supreme Court's perspective?

1. court of law should not participate in or condone illegal conduct

2. empirical evidence that shows that excluding evidence will deter law enforcement officials from illegal behavior... they do not want their case thrown out

3. by experience that alternative remedies such as civil suits for damages against police officers for misconduct, are unworkable.

What are the three distinct exclusionary rules? Examples of cases from each?

1. Identification of Suspects: during police lineups defendants have the right to be assisted by counsel

• U.S. v. Wade 1967 (don’t need to know details)

2. Confessions: Miranda v. Arizona

*confessions have not really changed much*

3. Search and Seizure:

- Mapp v. Ohio: "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court

What is the plain view doctrine? What are the three elements required for the plain view doctrine? Which case set this as precedent?

- Plain View Doctrine: "whatever a person knowingly exposes to public view, even in their own home or office, is not private" under the 4th Amendment

First established in Katz v. US (1967)

1. The evidence must be in plain view and in a place where the officer has a right to be.

2. The incriminating character of the evidence must be immediately apparent. In other words, to seize an object without a warrant under the plain view doctrine, an officer must have probable cause to believe it is connected to criminal activity.

3. The observation of the evidence must be inadvertent.

Arizona v Hicks: stolen stereo equipment

Horton v CA : established 3-prong test

What is the Terry Pat Down? What case does it come from?

A terry stop is another name for stop and frisk; the name was generated from the U.S Supreme Court case Terry v. Ohio. When a police officer has a reasonable suspicion that an individual is armed, engaged, or about to be engaged, in criminal conduct, the officer may briefly stop and detain an individual for a pat-down search of outer clothing.

What is the plain feel doctrine? What case established this as precedent?

The plain feel doctrine allows a police officer to seize the objects during an otherwise legitimate pat-down search if by plain feel he reasonably believes to be contraband.

Minnesota v. Dickerson (1993): the Court held that police may seize contraband felt during a lawful pat-down only if its identity is immediately apparent; because the officer further manipulated the object after knowing it wasn’t a weapon, the cocaine found was inadmissible.

Established the plain feel doctrine, similar to plain view, BUT officers cannot go beyond the initial lawful search (no further intrusion once safety concerns are resolved).

What has been the impact of the exclusionary rule on police behavior? What are the pros and cons of the exclusionary rule? Should we keep it or abolish it or modify it? Why or why not?

Impact on Police Behavior

- Incentives and Resources: officer as an individual, and they are within a system that structures incentives- it can structure police behavior

What do studies show about the impact?

Pros and Cons (Keep it or Abolish it?)

Maybe modify it?

Pros: increase professionalism of police work; no large impact on Criminal Justice System

Cons: bad guys go free (good faith exception)

i.e. U.S. v. Leon (1984)- good faith exception

Fruit of the poisonous tree

What are current issues in the digital age? How is it an example of gaps in the law? What are some current cases that speak to this?

What is PERF? What theory of policing does it resemble?

Cases relevant to use of force. What are the facts? What was the outcome and precedent set? : Tennessee v. Garner(1974); Graham v. Conner (1989); Scott v. Harris (2001); Armstrong v. Villages of Pinehurst

Tennessee v. Garner (1974): During a chase, police officer Elton Hymon shot 15-year-old Edward Eugene Garner with a hollow tip bullet to prevent Garner from escaping over a fence. Garner was suspected of burglarizing a nearby house. Hymon admitted that before he shot he saw no evidence that Garner was armed and "figured" he was unarmed. The bullet hit Garner in the back of the head. Garner was taken to the hospital where he died a short time later.

- Use of DEADLY force; Under the Fourth Amendment of the U.S. Constitution, a police officer may use deadly force to prevent the escape of a fleeing suspect only if the officer has a good-faith belief that the suspect poses a significant threat of death or serious physical injury to the officer or others.

"(c) While burglary is a serious crime, the officer in this case could not reasonably have believed that the suspect -- young, slight, and unarmed -- posed any threat. Nor does the fact that an unarmed suspect has broken into a dwelling at night automatically mean he is dangerous. Pp. 20-22."

Cases relevant to use of force. What are the facts? What was the outcome and precedent set? : Tennessee v. Garner(1974); Graham v. Connor (1989); Scott v. Harris (2001); Armstrong v. Villages of Pinehurst

Explain each case.

Cases relevant to use of force. What are the facts? What was the outcome and precedent set? : Tennessee v. Garner(1974); Graham v. Conner (1989); Scott v. Harris (2001); Armstrong v. Villages of Pinehurst

Scott v. Harris:

Harris fled in his car after a police officer tried to pull him over, and a high-speed chase ensued. The police officer, Scott, tried to end the chase by ramming the other car with his cruiser, and Harris crashed. He suffered injuries that led to his becoming a quadriplegic. Harris brought a Fourth Amendment claim against Scott in federal court on the grounds that Scott had used excessive force that had resulted in an unreasonable seizure. The trial court was unpersuaded by Scott's argument that he had qualified immunity because he was a government official acting in his official capacity. The Eleventh Circuit upheld the lower court's decision in favor of Harris, since it ruled that Scott had engaged in an unreasonable seizure that violated the Fourth Amendment. It pointed out that there was no imminent threat of harm because the roads were relatively quiet, Harris was in control of his vehicle, and there was no reason to use deadly force. SC SC ruled that it was reasonable use of force and overruled 11th circuit ruling (interesting to note that 11th circuit did not even watch the video)

- It may seem strange that the court found that there were no issues of material fact when there was a videotape that provided a contradictory version of events to what the plaintiff submitted. However, the qualified immunity doctrine may make courts more reluctant to find that summary judgment is unwarranted when there is only a very small likelihood that the plaintiff's story is credible.

Cases relevant to use of force. What are the facts? What was the outcome and precedent set? : Tennessee v. Garner(1974); Graham v. Conner (1989); Scott v. Harris (2001); Armstrong v. Villages of Pinehurst

Armstrong V. Villages of Pinehurst:

In Estate of Armstrong v. Village of Pinehurst et al. the United States Court of Appeals for the 4th Circuit examined the use of a TASER, in the drive stun mode, on a mentally impaired subject and determined that the officers used unconstitutional excessive force, however because the law was not clearly established at the time the force was used, the officers were granted qualified immunity and the case against the individual officers was dismissed.

Is there too much discretion? Is so, how do you limit it?

1) Exclusionary rules

2) Judicial precedent (probable cause & reasonable suspicion)

3) Police management and administrative policies

What do Walker and Archbold suggest to increase police accountability and legitimacy?

• procedural justice

• transparency (public record of officers)

• de-esculation methods to reduce force

• engage public in creating new policies/revising old

• community relations

• scenario-based training methods

What has changed/stayed the same in policing since Walker and Archbold’s article?

Same: doesn’t always lead to accountability, difficult to punish (court room workgroup)

Different: more access to media, everyone is an instrument to police accountability, increase in technology (bodycam, CCTV)