policing exam 2

How does implicit bias affect society?

it leads to unequal treatment in areas like employment, education, and the criminal justice system, often reinforcing racial and social inequalities.

How does implicit bias affect policing?

implicit bias can contribute to disparities in stops, arrests, and use of force, particularly affecting Black individuals. Although implicit bias training is often proposed as a solution, research shows it has limited impact on changing actual police behavior.

What is the connection between individual-level implicit bias and systemic outcomes?

Individual implicit bias shapes decision-making, and when repeated across many individuals, it produces systemic patterns. In policing, discretion allows these biases to influence actions like stops and arrests, leading to racial disparities. Over time, feedback loops reinforce these patterns, making inequality systemic rather than just individual.

Why are biased outcomes so difficult to accurately measure?

• statistical methods rely on imperfect assumptions and incomplete data.

• Researchers often cannot accurately determine what the “correct” comparison group should be

• aggregated data can hide true patterns of bias

• different methods may produce misleading results depending on how data is structured

• Limited, flawed, or unavailable data

Denominator problem

the difficulty of choosing the correct baseline for comparison when measuring bias. Researchers may use population size, crime rates, or other metrics, but each choice involves assumptions that may not reflect reality. This can lead to underestimating or misrepresenting the true level of discrimination.

Simpsons Paradox

when aggregated data hides or reverses patterns that exist within subgroups. In policing, failing to account for factors like location or crime type can lead to incorrect conclusions about bias, because overall data may mask discriminatory behavior in specific contexts.

How to improve bias

• explicit police department strategies

• better data

• better research methods

How can bias violate the Equal Protection Clause, even if a law is facially neutral?

Even facially neutral laws can violate equal protection if they produce discriminatory effects and are motivated by discriminatory intent. Courts look at context, including history, statements, and procedural irregularities, to determine intent.

What is the “invest/divest” or “defund the police” approach?

This approach reallocates funding away from police and prisons toward community-based services like mental health care, substance use programs, violence interruption, and housing. The goal is to address root causes of crime and reduce reliance on law enforcement.

What funding options exist to minimize negative criminal justice impacts on communities?

Funding strategies focus on reallocating resources from reactive policing toward preventative social services. These include investing in housing, healthcare, employment, and community programs that address root causes of crime. Approaches like participatory budgeting and evidence-based policing also aim to improve how resources are allocated. Overall, shifting funding upstream toward community support is more effective and less costly than relying on policing and incarceration.

How do housing and cash assistance reduce criminal justice involvement?

Programs like “Housing First” and direct cash transfers help individuals meet basic needs, reducing survival-driven behaviors that lead to police contact. These approaches have been shown to decrease arrests, detentions, and reliance on social services.

What is participatory budgeting?

Participatory budgeting allows community members to directly decide how public funds are spent. This helps ensure resources are directed toward the needs of marginalized communities most affected by criminal justice policies.

How can police funding be used more effectively?

Departments can adopt evidence-based policing to eliminate ineffective practices and reallocate resources. They can also hire civilian specialists (like social workers), which is cheaper and often more effective than relying solely on armed officers.

what does moving public safety initiative "upstream" look like?

Shifting resources from reactive policing to preventative social services that address the root causes of crime. This includes investing in areas like housing, mental health care, substance use treatment, and community-based violence prevention.

E

Examples of upstream public safety strategies

• affordable housing programs

• mental health and substance use treatment

• community-based violence interruption

• targeted interventions in high-risk areas (“hot spots of vulnerability”)

What challenges might arise from immediately reducing police budgets?

• staffing shortages (most budgets are salaries)

• slower response times

• reduced ability to manage crime (police are forced to simply be reactive and not proactive)

• gaps in social services if alternative systems are not fully developed.

What larger economic factors influence police budgets?

• housing market reliance (increased pressure to protect neighborhoods to keep house values higher)

• reductions in social welfare spending (as supports go down police are expecteded to manage more)

• fluctuations in tax revenue (When municipal tax revenues decline, cities may rely more on police to generate revenue through fines, fees, and asset forfeiture)

• costs from civil litigation

Abolitionist defund perspective

• calls for the complete abolition of the policing institution.

• argues that the police are rooted in white supremacist and colonialist ideals, making the institution fundamentally flawed and beyond the capacity of traditional reform

• Rather than simply reducing police budgets or altering practices, abolitionists advocate that the policing institution must be entirely dismantled and replaced by alternative forms of public safety.

Upstream defund perspective

• argues for significantly divesting funds from policing and reallocating those public resources toward preventative social work or public health approaches.

• The core belief is that proactively addressing social problems at their root will prevent the need for police to respond to these issues further down the line.\

• intended to leave police to focus exclusively on the core duties that are central to their institution: law enforcement and peacekeeping.

Dishonest law enforcement

societally, we have been dishonest in affirming that police alone are a sufficient solution to prevent crime — police are directly tasked with responding to social issues under the guise of crime fighting

Bayley’s Honest Law enforcement

we narrowly define what we want police to do, and divert everything else to other service providers; fight “mission creep”

What are the constitutional guidelines for police Use of force?

• Graham v. Connor

• TN v. Garner

• 4th amendment

How have Tennessee v. Garner and Graham v. Connor affected what is considered permissible use of force?

• Tennessee v. Garner (1985) limited the use of deadly force, holding that police cannot use deadly force against a fleeing suspect unless they have probable cause to believe the suspect poses a serious threat of death or harm.

• Graham v. Connor (1989) established the “objective reasonableness” standard, requiring courts to evaluate use of force based on what a reasonable officer would do in the moment, rather than hindsight or intent.

• Together, these cases define when force is permissible by focusing on threat level and giving deference to officers’ split-second decisions.

Tennessee v. Garner

deadly force is only permissible when a suspect poses a significant threat of death or serious physical harm. It made it unconstitutional to use deadly force against an unarmed, non-dangerous fleeing suspect.

objective reasonableness

evaluates police force based on what a reasonable officer would do under the same circumstances, without using hindsight or considering the officer’s intent.

Graham criteria

Courts consider:

• severity of the crime

• immediate threat

• resistance or flight

Why do critics argue these standards make accountability difficult?

Because the “objective reasonableness” standard defers to officers’ split-second decisions, it is difficult to prove misconduct. This flexibility, combined with qualified immunity, often protects officers from liability even when force appears excessive.

How do Tennessee v. Garner and Graham v. Connor impact police accountability and immunity?

These cases make it more difficult to hold police accountable by establishing standards that give significant deference to officers. The “objective reasonableness” standard from Graham v. Connor makes it hard to prove misconduct, while qualified immunity protects officers unless they violate a clearly established right. As a result, officers often avoid liability even in cases of excessive force.

How does Graham v. Connor make qualified immunity harder to overcome?

Because Graham requires courts to evaluate force from the perspective of a reasonable officer in the moment, it emphasizes uncertainty and split-second decisions. This makes it difficult for plaintiffs to prove that an officer clearly violated the law, which is required to overcome qualified immunity.

Why do officers rarely face financial consequences for excessive force?

Even when lawsuits are successful, municipalities—not individual officers—typically pay settlements. This means officers do not personally bear financial responsibility, reducing incentives for behavior change.

What is evidence-based policing?

an approach that calls for police practices to be based on scientific evidence about what works best.

It requires:

1. Research to be integrated into police practice

2. Rigorous and practical scholarship

3. Findings that can be easily implemented

It also emphasizes “targeting, testing, and tracking” strategies to evaluate effectiveness.

What does common law and Graham v. Connor say about police use of force during resistance?

Officers do not have to retreat and can use objectively reasonable force to overcome resistance. However, this standard is subjective and can be interpreted differently by courts.

Coercive force

Coercive force is the use of force or the threat of force to compel someone to obey a legal command.

What is lethal force, and when is it permissible?

Lethal force is force likely to cause serious injury or death.

It is permissible when an officer has probable cause to believe that a suspect poses a significant threat of death or serious bodily harm to the officer or others.

How rare is lethal force?

about 1.3–1.6 deaths per million people

Criticisms of Graham

• It makes it really hard for plaintiffs to get past qualified immunity

• It slows down the development of excessive force law

• The “reasonable” factors are too vague and not clearly defined

• It assumes policing is always super dangerous and fast-paced, which isn’t always true

What is the most consistent risk factor associated with police use of deadly force?

whether the citizen is armed, especially with a firearm.

What are the common characteristics of individuals involved in police shootings?

Most individuals involved in police shootings are:

• men

• people with a history of mental illness

• white individuals

However, Black (and to a lesser extent Hispanic) individuals are overrepresented relative to their share of the population.

Additionally, a significant portion of cases (about 33–57%) may involve “suicide by cop.”

What do studies say about racial disparities in police use of force?

Studies show mixed evidence on racial disparities. Results often depend on the benchmark used, meaning how researchers measure and compare police behavior can significantly affect conclusions.

Suicide by Cop

when a suicidal person intentionally acts in a threatening or criminal way—often appearing armed—to provoke police into using deadly force against them.

What policies can reduce officer-involved shootings (OIS)?

• Restrictive deadly force policies

• Requiring reports for drawing a firearm

• Clear guidance on use of less-lethal weapons

• Officers hired later in life

• Officers with more misdemeanor arrest experience

Qualified Immunity

Qualified immunity protects officers from personal liability unless they violate a clearly established legal or constitutional right. It is based on the “objective reasonableness” standard and judges actions from the perspective of a reasonable officer at the scene.

Why is qualified immunity controversial?

It requires a clearly established law (often a very similar prior case), making it difficult to hold officers accountable. Critics argue it protects misconduct and limits civil rights enforcement.

What is the ABA definition of qualified immunity?

A judicial doctrine that shields state actors from liability unless they violate clearly established law, often requiring a prior case with nearly identical facts under 42 U.S.C. § 1983.

What is a key problem with the current police organizational model?

Police are expected to handle social welfare issues (like mental health or homelessness) but are not properly trained or equipped to do so.

What are the four options for police organizational reform?

• Exit social welfare roles

• Collaborate with other agencies

• Specialize within police departments

• Civilianize certain roles

Why is governmental accountability important?

It signals strong institutions and healthy democratic governance.

What drives transparency in police departments?

Strong leadership and commitment to values like accountability and integrity.

What types of agencies are more transparent?

Agencies that engage with the public (like community policing) or participate in research are more likely to share information.

What is a pattern or practice investigation?

A federal investigation into systemic misconduct in police departments, initiated under 42 U.S.C. § 14141 (1994 law).

Why were pattern or practice investigations created?

Because small, piecemeal reforms were not enough to address widespread police misconduct.

What are the outcomes of pattern or practice investigations?

• Consent decrees (most impactful)

• Memorandum of agreement

• Technical assistance letters (least powerful)

Consent Decree

A court-enforced agreement requiring police departments to implement reforms. Generally considered effective.

memorandum of agreement

A less formal agreement outlining reforms without strong court enforcement.

technical assistance letter

A weak form of intervention where the DOJ provides recommendations without enforcement.

What determines whether a department is investigated?

• Patterns of misconduct

• Potential for impactful legal action

What is produced after a pattern or practice investigation?

A DOJ “findings letter” outlining evidence of misconduct.

42 U.S.C. § 1983

A federal law that allows individuals to sue state actors (like police) for civil rights violations.

42 U.S.C. § 14141

A law allowing the federal government to investigate and address systemic police misconduct.

What is the Open Records Act?

A law that allows the public to access government records to promote transparency.