CJ101 Chapter 8 - Police Issues

Police Subculture

The set of informal values that characterize the police force as a distinct community with a common identity.

police corruption

The abuse of police authority for personal or organizational gain

"Slippery Slope" of Corruption

Acceptance of small gratuities can lead to more readily acceptance of larger bribes.

2 different types of corruption

1. Abuse of Authority

2. Occupational Deviance

Abuse of Authority

motivated by the desire of personal benefit

Occupational Deviance

Occurs to further the organizational goals of law enforcement

Knapp Commission distinguished between two types of corrupt officers:

1. Grass Eaters

2. Meat Eaters

meat eaters

a term for police officers who actively solicit bribes and vigorously engage in corrupt practices

Grass eaters

Officers who accept money for not reporting corruption but did not participate in the corruption themselves

The Mollen Commission (1993)

Former Judge Milton Mollen was appointed in June 1992 by the New York City Mayor, David N, Dinkins to investigate corruption to the NYPD

Internal Affairs

The branch of a police organization tasked with investigating charges of wrongdoing involving members of the department.

Police work is ___________

Dangerous

Stress Reduction techniques

1. Excercise/ Healthy living

2. Meditation

3. Humor

4. Avoid police subculture on off hours

Racial Profiling Origin

Intended to catch drug couriers

Police Use of Force

Use of physical restraint by a police officer when dealing with a member of the public.

Law enforcement officers are authorized to use the amount of force that is _____ and ______ given the circumstances

Reasonable and necessary

What percent of adult custodial arrests do police use force?

20%

Female officers have been found ____ likely to use physical force and firearms than male officers.

Less

NJ’s Use of Force Policy

1. Constructive Authority (Lowest level of force)

2. Physical Contact

3. Physical Force

4. Mechanical Force

5. Deadly Force (Highest level of force)

Constructive Authority

Verbal commands, gestures, warnings, and weapon unholstering.

Physical Contact

Guiding a subject into a police vehicle, holding the subject’s arm while transporting, and handcuffing.

Physical Force

Handcuffing, wrestling a resisting subject to the ground, using wrist locks or arm locks, striking with the hands or feet, or other similar methods of hand-to-hand confrontation.

Mechanical Force

Using batons, canines, pepper spray, or a taser.

Deadly Force

The officer knows to create a substantial risk of causing death or serious bodily harm. 

KNAPP Commission

Investigated alleged police misconduct in NYC. Named after its chairman, Whitman Knapp, a federal judge. The 5-member panel was initially formed in April 1970 by Mayor John Lindsay to investigate corruption within NYPD.

Wickersham Commission

In 1931, led by former U.S.A.G (United States Attorney General) George Wickersham, he eventually recognized that prohibition was “unenforceable and carried a great potential for police corruption.”

Fleeing Felon Rule, before 1985

The ‘fleeing felon rule’ guided deadly force decision-making in most U.S. Jurisdictions. It permitted the use of force, including deadly force, against an individual who was suspected of a felony and was in clear “flight”

Tennessee vs. Garner (1985)

The court in Tennessee vs. Garner (1985) invalidated the fleeing felon rule. Only allowed when significant threat of serious injury or death to the public or the officer and where deadly force is necessary to effect the arrest.

Graham v. Connor (1989)

The court established the “objective reasonableness” standard (Police, here, arrested and used (non-deadly) force on a diabetic who was having an insulin reaction, but they were unaware he was diabetic).

Less-Lethal Force

Designed to disable, capture, or immobilize – but not to kill.

Racial Profiling

Any police-initiated action that relies on race, ethnicity, or national origin.

When is profiling allowed?

In cases involving possible identification of terrorism (established in 2003). 

What are federal civil lawsuits are called ___

1983 Lawsuits

What did Title 42, Section 1983, passed by congress in 1871, allow?

Allows for civil suits to be brought against anyone [including police] for denying other their constitutional rights to life, liver, or property without due process.