Chapter 9: Policing the Police

Objective Reasonableness

: Based on the totality of the circumstances the decisions made about the amount of force used had to be the same amount of force a reasonable officer in the same position would use.

Brutality

: When officers express a malicious intent to harm.

Mediation

: A program that encourages settlements outside the traditional enforcement process.

Early Warning System (EWS)

: This allows the department to keep track of all complaints against officers, the outcome of the complaints, and repetitive behavior patterns that are potentially problematic.

Legitimate

: The minimum amount of force needed to control a situation.

Graham v Connor

: The court decided that the actions have to match what a reasonable officer would do during the crime without knowing what the future would hold.

Commission

: A group of individuals that investigate misconduct.

Procedural Justice

: People are more likely to accept the outcome as fair if they believe the trial and procedures taken to get there were fair.

Third Degrees

: A technique used in the 1900s that allowed officers to inflict pain on suspects to get a confession.

Police Corruption

: This is the misuse of an officers authority.

Precipitating Incident for Kerner Commission

: Riots of the 1960s and minority communities complaining about officers abusing their power.

Deadly Force

Using force may result in death or serious injury.

Ombudsman

: This person reviews all complaints against public servants.

Lethal Force

: These require "absolute and immediate tactics "this means an officer has to use their firearm.

Conducted Energy Devices

: These are devices that produce a shock that temporarily stops muscle function and inflicts pain.

Wickersham Commission

The first commission to analyze police conduct was in the 1930s.

Meat Eaters

: People who demand bribes in exchange for protection from a person whom they are seeking a favor,

Active Resistance

(Level III): Use of come- along holds, chemical sprays, or pressure points.

Scott v Harris

: The court ruled that an officer can hit the car or shoot at the fleeing individual during a high- speed pursuit if they put other innocent bystanders at risk.

Grass Eaters

: Officers who accept gifts /favors but do not seek out such activities.

Force Continuum

: This is a guide that officers can use to determine the level of reaction and force they need to use.

Precipitating Incident for Wickersham Commission

: Prohibition, increasing crime rate, need to reevaluate juvenile justice and adult justice process.

Legitimate

The minimum amount of force needed to control a situation

Conducted Energy Devices

These are devices that produce a shock that temporarily stops muscle function and inflicts pain

Force Continuum

This is a guide that officers can use to determine the level of reaction and force they need to use

Complaint (Level I)

Communication or verbal commands

Passive Resistance (Level II)

Low-level physical tactics

Active Resistance (Level III)

Use of come-along holds, chemical sprays, or pressure points

Assaultive with the potential for bodily harm (Level IV)

Defensive tactics such as using a baton

Assaultive with the potential for serious bodily harm or death (Level V)

Deadly Force

Less-Than-Lethal Force

When an officer uses their baton or hands to defend

Lethal Force

These require "absolute and immediate tactics" this means an officer has to use their firearm

Graham v. Connor

The court decided that the actions have to match what a reasonable officer would do during the crime without knowing what the future would hold

Objective Reasonableness

Based on the totality of the circumstances the decisions made about the amount of force used had to be the same amount of force a reasonable officer in the same position would use

Excessive Force

When officers use more than the required/legitimate force

Brutality

When officers express a malicious intent to harm

Us versus them attitude

An attitude that separates officers and the community and that can decrease productivity between them both

Deadly Force

Using force that may result in death or serious injury

Fleeing Felon Rule

If a felon is seen fleeing the scene of their crime then an officer is allowed to shoot them

Pursuits

When an officer tries to stop a suspect but the suspect flees resulting in a chase

County of Sacramento v. Lewis

The court decided that high-speed pursuits are legal and do not violate the due process clause of the fourth amendment as long as it does not end in death

Scott v. Harris

The court ruled that an officer can hit the car or shoot at the fleeing individual during a high-speed pursuit if they put other innocent bystanders at risk

Police Corruption

This is the misuse of an officers authority

Grass Eaters

Officers who accept gifts/favors but do not seek out such activities

Meat Eaters

People who demand bribes in exchange for protection from a person whom they are seeking a favor,

Commission

A group of individuals that investigate misconduct

Third Degrees

A technique used in the 1900s that allowed officers to inflict pain on suspects to get a confession

Underlying Problem for Wickersham Commission

Increasing crime rates but more specifically organized crime and agents need to be reevaluated

Recommendations for Wickersham Commission

Establish a complaints system and bring awareness to problems between the police and minority communities

Precipitating Incident for Kerner Commission

Riots of the 1960s and minority communities complaining about officers abusing their power

Underlying Problem for Kerner Commission

Police misconduct, lack of accountability, and no oversight of police procedures

Recommendations for Kerner Commission

Better recruitment and training standards, accountability to the community, and establishing mechanics for registering complaints

Internal affairs bureaus (IABs)

This is where citizens can register complaints

Exonerated

When the complaint was not proven true

Democratic Accountability

Accountability to the community, over a group of individuals with the power to use coercive force

Hierarchical Accountability

Accountability to those structurally higher within the department

Procedural Justice

People are more likely to accept the outcome as fair if they believe the trial and procedures taken to get there were fair

Ombudsman

This person reviews all complaints against public servants

Substantiated Complaints

These are complaints against officers that turned out to be true

Early Warning System (EWS)

This allows the department to keep track of all complaints against officers, the outcome of the complaints, and repetitive behavior patterns that are potentially problematic

Mediation

A program that encourages settlements outside the traditional enforcement process