CRJU 300 Final JMU (Meade)

Why do we grant police so much discretion?

-it allows them to respond to situations instead of criminal offenses

> subjective interpretations of the incident

Factors that impact discretion

-legal

>severity of offense

>criminal history

-situational

>demeanor of suspect/cooperation

-extralegal

>race, gender, SES (implicit biases)

Legitimate Force

-minimum amount of force necessary to control a situation

-appropriate and reasonable

-"objective magnitude" - standard for use of force (Graham v. Connor (1989))

Excessive Force vs. Police Brutality

-EF = more force than necessary; may not have malicious intentions

-PB = overt intention to hurt suspect

Individual characteristics of officers that impact use of force

-more education = less use of force bc better critical thinking skills

Situational characteristics of situation that impact use of force

-most common when suspect is under influence, mentally ill, or resisting arrest

Organizational characteristics of police department that impact use of force

Some departments have stricter policies regarding use of force

Ecological characteristics of neighbordhood that impact use of force

High crime neighborhoods

Ethical Use of Force

-intentions: not used to punish

-seemliness: force that shocks the conscience is unethical, even if it is to control the situation

-proportionality: in proportion to the threat and minimal amount of force to control situation

Noble Cause Corruption

-breaking rules for noble reasons

-"Dirty Harry/Dirty Hands" - morally questionable conduct in order to accomplish a noble end

> unlawful use of force

> unwarranted arrests, searches, and seizures

> violating Miranda Laws

> planting evidence

> testilying

Police Corruption

-misuse of authority by a police officer in a way that is intended to produce personal gain

Explanations for police corruption

-personalistic: just bad personality; attracted to policing for the power

-institutional: police discretion and subculture

-systematic: society; ambivalence about morality; low police salaries

Ethicalness of Gratuities

-influence judgement in conduct of duties

-create an expectation for preferential treatment

-affect distribution of police resources

Entrapment

-whether you coerce or have someone do something they otherwise wouldn't do

> ex: make someone buy drugs to arrest them

When is it appropriate to use deception?

-Investigation

> undercover officers and informants

> unmarked patrol cars

> wiretaps

-Interrogation

-Testifying

Combating Corruption

-Recruitment

-Detecting/deterring corruption through use of force reports and using early warning systems such as citizen complaints.

-Motivating moral behavior through ethics, fair policies, and collective responsibility (overcoming whistleblower mentality)

-Citizen Review boards

Prosecutor Duties

-charge suspects

-negotiate pleas

-represent state

-review evidence

-burden of proof

-seek justice

-indictments

-disclose evidence

-lead investigations

-respect rights of defendant

Defense Attorney Duties

-represent accused

-uphold due process

-defend rights of accused

-plea bargains

-inform and advise clients

-respect clients wishes/best interest

-investigate case

-review evidence

-confidentiality

>warn targets (Tarasoff)

Judge Duties

-impartiality

-maintain order

-presiding over court proceedings

-instruct the jury

-determine sentence (not death penalty)

-review pleas

-issue warrans

-set bail

-interpret the law

-adjudicate

Important Virtues for Prosecutors

-righteousness

-just

-honest

-wisdom

-responsibility

-compassion

-realistic

Important Virtues for Defense Attorneys

-caring

-compassion

-trustworthy

-honorable

-passion

-diligence

Important Virtues for Judges

-objectivity

-fairness

-patience

-respectful

-respectable

-honorable

-wisdom

-authority

Increase in prison population

-"get tough"

-war on drugs

Medical Model of Prisons

-Goal: rehab

-indeterminate sentencing

-prison = hospital and people are released when they are ready

-abandoned because crime rates were still high

Crime control/Get Tough Model of Prison

-Goal: incapacitation

-determinate sentencing

-*Warehouse prisons: storing offenders efficiently and the ship out when they're ready

-order, safety, and compliance

Police Duties

-ensure public safety

-enforce the law

-serve community

-maintain order

>crime control

Important Virtues for Police

-courage

-respectful/respectability

-objectivity

-honesty

-accountability

-trustworthiness

-caring

-wisdom

-sensitivity

-strength

-authority

-stability

-legitimacy

Ethical Confinement

-minimally restrictive and reasonably humane

-Basic needs

>shelter, medical care, food, water, restrooms, clothes, safety

>social interaction, rehab, privacy, heat, AC

Supermax Confinement

-designed for inmates who are too dangerous or can't control their behavior

-23 hour/day in solitary

>"dog lot" 1 hour a day

-housing classification not for punishment like other prisons

Ethics of Confinement

-Prison AS punishment: locked up and taken out of society

-Prison FOR punishment: prison should be harsh with bad conditions

Prison as a total institution

prison is a punishment in and of itself

-Erving Goffman

Total Institution

-totally cut off from society and totally controlled by the institution

1) all aspects of life in one place under one authority

2) daily activities carried out in presence of large numbers of people

3) tightly scheduled routines

4) all activities organized around goals and order of institution

-ex: military; psych wards; hospital

Corrections Officers Duties

-ensure safety

-maintain order

-enforce rules

-mentor prisoners

-refer prisoners for services

-meeting basic needs of prisoners

-supervise prisoner activity

-guard perimeter

-front desk/security

-cell searches

Virtues for Corrections Officers

-patience

-respectability

-compassion

-objectivity

-courageous

-authoritative

-judgement

Normative Power

-in general, people tend to follow rules; you do what those in authority tell you to do

Remunerative Power

-economic incentives

> work assignments, good time, token economies

> prison industries: prisoners provide service for society and make goods

Coercive Power

-forcible enforcement or threats

> ex: solitary confinement

Informal Control

-punishing by failing to provide services or meet needs instead of by official disciplinary actions

-unethical

Misconduct

-violation of institutional rules

-can charge inmates with new criminal charges

Kantian Ethics

1) Motive

2) Categorical Imperative

3) Respect for all persons and universality

> dignity, rationality, autonomy

> never use someone as a means to an end

*duty* - deontology

Utilitarianism

-Bentham

-max pleasure, min pain

-hedonistic calculus

Virtue Ethics

-golden mean -> average between excess and deficiency

-not an act based ethic

-you are what you repeatedly do

1) specific virtues

2) practical wisdom

3) golden mean

Eudaemonia

-happiness as a state of well-being, flourishing, or thriving

-fulfillment

-developing a virtuous character brings the good life

Arete

-virtue

-excellence

-reaching full potential

Practical Wisdom

-not the right thing, but the best thing

-Phronesis

Egoism

-the only ethical duty is to promote one's own well-being

-Reciprocity

Ethics of Care

-Carol Gilligan

-maintaining relationships with others is ethical

-restorative justice

Elements of Caring

-Attentiveness: recognizing relationship and needs of those in it

-Responsibility: recognition of an obligation to a relationship

-Responsiveness: action taken to address those needs

Substantive Punishment

the just determination of a punishment for a particular offense

-why do we punish

Procedural Justice

the just administration of punishment

-how do we punish

RNR

-Risk

-Need

-Responsiveness

Graham v. Connor

Police use of force considered 4th amendment right — considered seizure of person

Farmer v. Brennan

Correction officials may be liable if they show “deliberate indifference” to security threat/risk to inmate

• Subjectively aware and doing nothing about it

Determinate sentencing

Release date up front

• Ex. truth in sentencing, mandatory minimums

Indeterminate sentencing

Release by parole board (discretionary parole release)

Prosecutorial Absolute Immunity

Immune from civil liability in prosecutorial tasks

Prosecutorial Qualified Immunity

Immune from civil liability if in good faith in non-prosecutorial tasks

What type of immunity do police have?

Qualified Immunity

Reid Technique

Interrogation technique where you limit suspect from talking and instead provide the story for them

• Coercive, deceptive, manipulative

PEACE Model

Suspects do the talking and provide the story

• Leads to more and better confessions