C175 Issues in Policing - Quiz #2 Study Guide

3 ways our system attempts to hold police accountable for bad acts:

1. Administratively

2. Criminal Prosecution

3. Civil Liability

Police Accountability - Administratively

disciplined; letter of reprimand in file, dressing down by supervisors, suspension, loss of pay, reduction of rank, losing their job

Police Accountability - Criminal Prosecution

Justice system involved, bringing charges against the officers for their actions

Police Accountability - Civil Liability

the legal responsibility a person or entity has to compensate another party for harm or damage they caused, typically through a civil lawsuit

Graham v. Connor

"objective reasonableness" standard for evaluating claims of excessive force used by law enforcement during arrests, investigatory stops, or other seizures. This standard means that the court must assess whether an officer's actions were reasonable, considering the facts and circumstances at the time of the encounter, rather than based on subjective intent or motivation

Civil Liberties

refer to certain freedoms and rights individuals enjoy that the government should not interfere with or violate

For many CJ issues, the most important civil liberties are derived from:

1. The 4th Amendment

2. The 5th Amendment

3. The 6th Amendment

4. The 8th Amendment

5th Amendment

granting due process, the right to remain silent, and forbidding double jeopardy; Gov cannot take your life, liberty, or property without due process; Steps government must go through before they can take away any of your rights

4th Amendment

regulating collecting evidence and taking suspects into custody; Searches that do not require a warrant: with consent from the searched party, search incident to arrest (when arrested, officers do not need a warrant to search immediate area for weapons, evidence related to crime you are being arrested for; limited searches)

6th Amendment

governing trials, lawyers, and juries; Right to a trial by jury and to an attorney; "Change in venue": when a trial is moved to ensure an impartial jury

8th Amendment

prohibiting excessive bail and cruel and unusual punishments; Protects against excessive bail and cruel and unusual punishment

Core Beliefs of Civil Libertarians

It is possible to insist that the police follow the law without siding with lawbreakers.

Preserve constitutional rights and defend the adversary system to avoid miscarriages of justice.

Overzealous policing must be continuously kept in check.

Limit the use of force, especially deadly force.

Improve accountability through effective civilian complaint review boards.

Enhance accountability by limiting the doctrine of qualified immunity and the special protections embedded within a law enforcement officer's bill of rights.

Enhancing transparency and limiting surveillance.

Pretextual Stop

when law enforcement uses a legitimate reason to pull you over, but in attempts to find something else

Steps of Due Process

1. Government must inform you what they believe you did wrong; notice of the charges

2. Right to contest the charges

3. Right to the assistance of counsel (and right to represent yourself)

4. Right to bring witnesses on your behalf

5. Right to cross examination

6. If you lose, right to file an appeal

LIMIT THE USE OF FORCE, ESPECIALLY DEADLY FORCE

Civil libertarians are particularly reluctant to empower officers to use their professional discretion and judgement to make split-second life-and-death decisions, except under the most dire kill-or-be-killed circumstances. The use of deadly force resulting in on-the-spot executions that are deemed to be "justifiable homicides" must be strictly regulated and minimized as much as possible.

IMPROVE ACCOUNTABILITY THROUGH EFFECTIVE CIVILIAN COMPLAINT REVIEW BOARDS

civilian oversight boards give power to the people to hold officers accountable when departments and internal affairs fail. Review boards would thoroughly investigate the charges by people claimed to be abused by officers, subpoena evidence, testimony, and compel departments to take their findings into account

ENHANCE ACCOUNTABILITY BY LIMITING THE DOCTRINE OF QUALIFIED IMMUNITY AND THE SPECIAL PROTECTIONS EMBEDDED WITHIN A LAW ENFORCEMENT OFFICER'S BILL OF RIGHTS

Officers benefit from qualified immunity and officer's bill of rights - supported by law & order movement, opposed by accountability movement. Qualified immunity has served as a legal shield from being sued for improper and unlawful actions that were undertaken as part of their official duties

Qualified Immunity

a legal doctrine that shields government officials, including law enforcement, from being sued for damages unless their actions violate clearly established federal law

ENHANCING TRANSPARENCY AND LIMITING SURVEILLANCE

Department operations shrouded in secrecy to deter would-be attackers by making them fear they are being watched and protect the vulnerable from predators by intervening and catching culprits as soon as possible. Police executives looking out for new technologies to enhance capabilities; Civil liberties concerned about improper use of new and improved tools.

double jeopardy

a procedural defense (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction

supremacy clause

establishes that the Constitution, federal laws made under its authority, and treaties made under its authority are the supreme law of the land

Policing's Beginnings

Began with slave patrols enforcing "slave codes" and fugitive slave laws; undeniably racist system of enslaving, exploiting, and oppressing of captives kidnapped from Africa in the 1600s

Slave Patrols

focused their energy on catching, physically punishing, and retrieving runaway slaves and to maintain order by suppressing slave revolts; patrols, no official search/arrest warrants, exercised their own discretion for handling runaway slaves

Over-Policing

Can be defined as overzealous, unreasonably strict enforcement of minor transgressions of the law; Highly proactive, hyper-aggressive, heavy-handed, excessively forceful, and overly punitive operations are undertaken by individual officers, specialized squads, and entire departments

Broken Window Theory of Crime

suggests that visible signs of disorder and crime, like broken windows, litter, and graffiti, can lead to more serious criminal activity

Under-Policing

a situation where a community experiences a lack of adequate police presence and resources, resulting in feelings of neglect and vulnerability among residents