policing in america quiz 4

Police Discretion

decision made by a police officer based on that individuals judgement about the best course of action in a given situation 

• Police are “gatekeepers”

• Discretion increases as one moves down the hierarchy 

• James Q. Wilson

Domestic violence

violent confrontation between family or household members involving physical harm, sexual harm, or fear of physical harm 

Mandatory arrest laws

 removes discretion from police, mandate arrest if two conditions occurred

1. Probable cause to believe assault occurred 

2. A recent injury of any type 

sherman and berk (1981-1982****), minneapolis domestic violence experiment 

sherman and berk (1981-1982****), Minneapolis domestic violence experiment 

The Minneapolis domestic violence experiment was the first scientifically controlled test of the effects of arrest for any crime. It found that arrest was the most effective of three standard methods police use to reduce domestic violence. The other police methodsó attempting to counsel both parties or sending assailants away from home for several hoursówere found to be considerably less effective in deterring future violence in the cases examined. These were not life-threatening cases, but rather the minor assaults which make up the bulk of police calls to domestic violence.

Tennessee vs Garner

 two officers being called in for a potential burglary and hearing a person trying to flee.  They assumed this person was a person under or over the age of 18 and one officer told the suspect to stop, they did not. He used his weapon and fired at the suspect resulting in the person being shot in the back of the head. 

At the time this department's policy was slightly more restrictive than the statute but still allowed the use of deadly force in cases of burglary. The suspect's father filed a violation against the department for the violations of his sons, 4th,5th,6th,8,th, and 14th amendment, 

Key tactics from policing → deadly force being used and how it can be needed but only in certain situations 

• Search and seizures and determining the constitutionality of a seizure 

• In this country have forbidden the use of deadly force against nonviolent suspects 

• The use of deadly force to prevent the escape of a felony suspect, whatever the circumstances, is constitutionally unreasonable. Where the suspect poses no immediate threat to the officer and no threat to others and the harm resulting from failing to apprehend  him does not justify the use of deadly force to do so.