Chapter 4 and 5 criminal justice

police Discretion

Definition: The ability of police officers to make choices about how to respond to situations.

Police officers may have discretion when deciding whether to:

• 
  

• Give a warning

• Make an arrest

• Use force

• Investigate further

• Take another action

Factors That Shape Discretion

Factor	Meaning
Seriousness of crime	More serious crimes may lead to stronger police responses.
Relationship	The relationship between the people involved can affect the officer's response.
Demeanor	A person's behavior or attitude during the encounter may influence the officer's decision.
Demographic	Characteristics of the people involved can be a factor in police encounters.
Department policy	Rules and policies of the police department can guide an officer's decisions.

Example: An officer responding to a minor offense might choose to give a warning rather than make an arrest.

Use of Force

Police may sometimes need to use force while performing their duties.

The important distinction is:

• Legitimate force: Force that is considered appropriate under the circumstances.

• Excessive force: Force that goes beyond what is appropriate or justified.

Excessive Force

Definition: The improper or unjustified use of force by police.

Example: Using a level of force that is unnecessary for the situation.

"Grass Eaters"

Police officers who accept relatively minor opportunities for corruption when they arise. Example: Accepting small favors or benefits.

"Meat Eaters"

Police officers who actively seek out opportunities to engage in corruption.

Qualified Immunity

Definition: A legal protection for government officials that can limit their liability for actions taken while performing their official duties.

Police Accountability

involves mechanisms designed to make police answerable for their actions. Your outline identifies four major methods.

Internal Affairs

A department unit that investigates alleged misconduct by police officers.

Example: An officer is accused of misconduct, and Internal Affairs investigates the complaint.

Civilian Review Boards

Boards involving civilians that review or investigate complaints about police conduct.

CALEA Accreditation

CALEA = Commission on Accreditation for Law Enforcement Agencies.

It is identified in the outline as an accountability mechanism involving accreditation of law enforcement agencies.

Civil Liability Lawsuits

Lawsuits can be used to hold police departments or officers legally responsible for certain actions.

Delivery of Police Services

Reactive Policing

Police respond to crimes or incidents after they occur or are reported.

Example: Someone reports a burglary, and police respond to investigate.

Proactive Policing

Police attempt to identify or address crime before or while it is occurring.

Example: Officers focus their attention on areas where crime problems have been identified.

COMPSTAT

A system used to help police departments analyze crime information and manage police operations.

Clearance Rate

A measure related to the percentage of reported crimes that police consider solved or cleared.

Example: A department compares the number of reported burglaries with the number of burglaries it clears.

Traditional / Random Patrol

Officers patrol areas without necessarily concentrating on specific crime locations.

Hot-Spots Policing

Police concentrate resources in specific areas where crime is highly concentrated. Example: If repeated robberies occur in one area, police may increase patrols there.

Problem-Oriented Policing

Police focus on identifying and addressing the underlying problems associated with recurring crime.

Example: Instead of simply responding repeatedly to calls at the same location, police investigate what is causing the repeated problems.

Community Policing

Police build relationships and connections with members of the community to address crime and community concerns.

Policing in a Diverse Society

• Immigrant communities

• Black communities

• Middle Eastern/Muslim communities

• LGBTQIA+ communities

• Other special populations

Community Crime Prevention

Community members and police can work together to address crime and improve public safety.

1. What was the Political Era of American policing?

The Political Era (1840–1920) was a period when police authority came from local political leaders and ward bosses. Police focused on maintaining order and providing services to political supporters. Officers were closely connected to the community, but corruption, favoritism, and political influence were common.

2. What was the Professional Model Era of American policing?

(1920–1970) emphasized professional standards, centralized authority, and enforcement of the law. Police departments became more bureaucratic and tried to reduce political corruption. Officers became more distant from the community to maintain professional objectivity.

3. What is the police working personality?

The police working personality is a set of attitudes, values, and behaviors that officers develop because of the demands and dangers of police work. It is influenced by the constant threat of danger and the need to maintain authority.

4. How does the threat of danger influence police officers?

The constant possibility of danger can cause officers to become highly alert and suspicious of their surroundings. Officers may carefully watch people's behavior and look for potential threats, even during routine situations.

5. Why is the need to establish authority important to the police working personality?

Police officers must maintain control in unpredictable and sometimes dangerous situations. As a result, officers may develop a commanding and authoritative manner when interacting with the public.

6. What are the three core functions of policing?

• Law enforcement: Investigating crimes, arresting suspects, and enforcing laws.

• Order maintenance: Handling conflicts and situations that threaten public peace.

• Service: Helping citizens with non-criminal problems and emergencies.

7. Which police functions take up most of an officer's routine time?

Order maintenance and service activities generally take up most of an officer's routine time. Active law enforcement represents a smaller portion of their daily activities.

8. What is the Watchman style of policing?

focuses primarily on maintaining order and community stability. Officers have broad discretion and may use warnings, persuasion, or informal solutions instead of making formal arrests for minor violations.

9. What is the Legalistic style of policing?

The Legalistic style focuses on strict enforcement of laws and formal procedures. Officers are more likely to issue citations or make arrests for violations rather than handling them informally.

10. How does discretion differ between Watchman and Legalistic policing?

Watchman policing allows officers to use more discretion, meaning they can decide whether to warn someone or take formal action. Legalistic policing uses less discretion because officers are expected to enforce laws more consistently through formal procedures.

11. What is the Broken Windows Theory?

The Broken Windows Theory argues that visible signs of disorder, such as graffiti, abandoned buildings, and broken windows, can signal that a neighborhood lacks social control. If disorder is left unchecked, it may contribute to fear and potentially encourage more serious problems.

12. How does Broken Windows Theory relate to community policing?

supports addressing disorder and quality-of-life problems before they become more serious. Community policing emphasizes working with residents and other community organizations to identify and solve neighborhood problems.

13. What is Unity of Command?

is the principle that each employee should report directly to one immediate supervisor. This creates a clear chain of command and prevents employees from receiving conflicting orders.

14. Why is Unity of Command important in law enforcement?

Unity of Command provides clear authority and accountability. It helps prevent confusion, especially during emergencies, because officers know who gives them orders and who is responsible for supervising their actions.

15. How did the Professional Model change the relationship between police and the community?

created greater distance between police and the community. Police departments emphasized professional standards, centralized authority, motorized patrol, and responding to calls rather than maintaining close personal relationships with neighborhood residents.