Chapter 8 - Criminal Justice 101

Police Subculture:

A particular set of values, beliefs, and acceptable forms of behavior characteristic of American police. Characterized by us vs. them, no one understands our job, etc.

**Two sources** of police personality: 

1. Personality already exists in the individual.
2. Develops as a part of the police socialization process.

**Power, authority,** and **discretion** produce great potential for **___.**

Abuse.

**Corruption:**

The abuse of police authority for personal or organizational gain.

**Slippery Slope**:

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

Types of Corruption:

Abuse of Authority + Occupational Deviance.

Abuse of Authority:

Motivated by the desire of personal benefit of officer.

Occupational Deviance:

Organizational goals of law enforcement (increase arrest, summonses, “ticket quotes,” etc.)

Knapp Commission:

Investigated alleged police corruption in NYC. Named after federal judge, Whitman Knapp. Mayor John Lindsay also helped in the founding of the commission.

**Meat eaters:**

Actively solicited opportunities for corrupt activities.

Grass eaters:

Officers who accepted money for not reporting corruption but did not actually participate in the activities themselves.

**The Mollen Commision (1993)**:

Former judge Milton Mollen was appointed in June 1992 by then New York city mayor David N. Dinkins to investigate corruption in the NYPD.

Internal Affairs:

Branch of organization that investigate complaints by public against law enforcement (Also called the **Office of Professional Standards**)

Most on-the-job deaths occur from….

stress, training accidents, auto accidents, and violence

**Risk of Disease and Infected Evidence:**

Officers must take caution due to the number of serious diseases that can be transmitted by blood or other bodily fluids and possible release of biological weapons

Dealing with death is a ___.

Stressor.

**Stress Reduction:** 

1. Exercise and healthy living
2. Meditation 
3. Humor 
4. Avoid the police sub-culture during your off hours

**Police Use of Force:**

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

**Law enforcement officers** use the amount of **force**…

That’s **reasonable** and **necessary** given the circumstances.

Force:

**Police use force in less than 20%** of the adult custodial arrests, most tactics are weaponless.

NJ’s use of force policy:

1\. Constructive authority


2. Physical contact
3. Physical force
4. Mechanical force
5. Deadly force

**Constructive Force:**

Verbal commands, gestures, and warnings.

**Physical Contact:**

Routine or procedural contact with subject necessary to effectively meet objective (ex. **Handcuffing).**

**Physical force**:

Employed when necessary to overcome a subject's physical resistance (ex. Wrist locks).

**Mechanical** **force**:

A device or substance other than a firearm (ex. Taser).

**Deadly** **Force**:

Law enforcement officer creates a substantial risk of causing death or serious bodily harm (Ex. Firearm)

**What** guided deadly force decision-making in most U.S jurisdiction?

Prior to 1985 the **“fleeing felon rule”**

Fleeing Felon Rule:

The rule allowed deadly force if a person is fleeing away from the police.

If you believe that if this individual gets away then they will cause serious bodily injury to the community and police officers, you can use deadly force

* **Tennessee v. Garner (1985):**

* **Tennessee v. Garner (1985):**

If you believe that if this individual gets away then they will cause serious bodily injury to the community and police officers, you can use deadly force

**Graham vs. Connor (1989)**

The court established “objective reasonableness” standard.

Graham v. Connor (1989). 2

The determination of the appropriateness of force should be judge from the perspective of a reasonable officer on the scene at the time, and not in hindsight.

The determination of the appropriateness of force should be judge from the perspective of a reasonable officer on the scene at the time, and not in hindsight.

Graham v. Connor (1989).

**Officers Implication of Deadly Force:**

* Social, legal, and personal complication.
* Officers often suffer depression and despair.
* Issues multiply in “suicide by cop” cause.

**Less**-**Lethal** **Force**:

Designed to disable, capture, or immobilize but not kill suspect, ex. stun guns.

**Tasers**:

The force employed must not be for the purpose of punishment.

**Racial Profiling:**

**A**ny police action thats based on race, ethnicity or nationality rather than the individual’s behavior or information that results in the reasonable belief the individual that has been engaging in criminal activity

**Profiling:**

Originally intended to catch drug couriers, but the practice has been deemed as unethical and discriminatory.

2003, Dept. of Justice -

In 2003, the Department of Justice banned all racial profoiling in federal law enfroment agencies besides when it involves terrorism 

* **Civil liability** suits against law enforcement personnel may be state or federal, T/F

True.

* Suits brought in state courts aren’t common, t/f

False

* Recent years have seen an increase in suits filed in federal court claimining civil rights violations, T/F.

True.

**Major sources of police civil liability**

1. Failure to protect property in police custody
2. Failure to render proper emergency medical assistance
3. Failure to aid private citisens
4. False arrest
5. False imprisonment 

**Federal Lawsuits are called ___.**

“1983 Lawsuits”

Why is called 1983 Lawsuits?

Title 42, section 1983, passed by Congress in 1871, allows for Civil suits brought against anyone for denying others the right to live, liberty, or property without due process