Ch 5: The Police Role and Police Discretion

crime fighting

police are crime fighters concerned with law enforcement

order maintenance

the police are concerned with keeping the peace and providing social service to the community

broken window theory of policing

the theory that if an area of the community is allowed to deteriorate without some remedy, crime will increase

primary goal and objectives of police departments

1. maintaining order

2. protecting life and property

secondary goals and object ices of police departments

1. preventing crime

2. arresting and prosecuting offenders

3. recovering stolen and missing property

4. assisting the sick and injured

5. enforcing noncriminal regulations

6. delivering services not available elsewhere in the community

True or False: the role of police departments are clearly defined

False: the role is ambiguous

Police operational styles

created by Larry J. Siegel and Joseph J. Senna

includes crime fighters, social agents, law enforcers, and watchmen

crime fighters

investigate serious crimes and apprehend criminals

social agents

perform a wide variety of activities without regard for their connection to law enforcement

law enforcers

enforce the law “by the book”

watchmen

maintain public order

Enforcers

maintain order on their beat, keep society safe, and protect society by arresting

Idealists

similar to enforcers but place a higher value on individual rights and the adherence to due process as required by the U.S. Constitution

Realists

concentrate their efforts on the concept of police loyalty and the mutual support of their fellow officers; they put relatively low emphasis on both social order and individual rights

Optimists

place a relatively high value on individual rights and see their jobs as people orientated, rather than crime oriented

Styles of policing

created by James Q. Wilson

includes watchman style, legalistic style, and service style

watchman style

primarily concerned with order maintenance- maintaining order and controlling illegal and disruptive behavior

Legalistic style

This style enforces the letter of the law strictly by issuing many citations and making many misdemeanor arrests

Service style

the emphasis is on serving the needs of the community. The officers see themselves more as helpers than as soldiers in a war against crime.

Policing Ideals

Created by Caludia Mendias and E. James Kehoe

• Law enforcement

• Peace maintenance

• Procedural compliance

• Protagonist acceptance of responsibility

Four major factors that influence discretion according to Herbert Jacob

1.       Characteristics of the crime

2.       Relationship between the alleged criminal and the victim

3.       Relationship between the police and the criminal or victim

4.       Department policies

Tennessee v. Garner

The use of deadly force to prevent the escape of all felony suspects, unless they have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others, is constitutionally unreasonable. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so.

Defense of Life Standard

Doctrine allowing police officers to use deadly force against individuals using deadly force against an officer or others.

Imminent Danger Standard

Same as the defense of life standard but also forbids the firing of warning shots and shooting at moving vehicles in an attempt to disable such vehicles