PHIL 338 - Policing (Handout 5)

What are the primary goals of the Legalistic Model of policing?

The police should act only to enforce the law, preventing crimes in progress or apprehending those who have already broken the law.

What does the Communitarian Model of policing propose?

The police should enforce the law and maintain social order, engaging in actions that may go beyond mere enforcement.

What is the Liberal Model's approach to policing?

The police should enforce the law while maintaining social order, but must remain neutral on controversial questions of value.

How does Heath critique the Liberal Model of policing?

Heath believes it is a non-starter because maintaining social order often requires violating the liberal neutrality constraint.

What philosophical distinction underpins the Legalistic Model of policing?

A sharp distinction between law and morality, viewing law as the only legitimate basis for the use of force by the state.

According to Heath, what issue arises when applying the Legalistic Model in practice?

It prevents police from intervening to prevent crime, only allowing action in the most obvious law-breaking cases.

What does J.S. Mill's Principle state regarding the scope of law?

The state cannot restrict an individual's pursuit of interests unless it undermines the ability of others to pursue their interests.

What is a key concern regarding police discretion within the Legalistic Model?

It might lead to a vacuum of authority, allowing other violent actors to step into the role of maintaining the social order if policing is solely restricted to law enforcement.

What did Heath suggest about police discretion in relation to law enforcement goals?

Heath argues that restricting police discretion to law enforcement goals alone is too limited to adequately guide their actions.

What is the risk of ‘overcriminalization’ as it relates to policing?

It can extinguish individual freedom by legally prohibiting conduct contrary to the preferences of the police.

Legalistic Model

The model of policing where police act only to enforce the law, either by preventing crimes in progress or apprehending those who have already broken the law.

Communitarian Model

The model where police enforce the law and maintain social order, engaging in actions that may go beyond strict law enforcement.

Liberal Model

A policing approach that combines law enforcement with maintaining social order, adhering to a 'liberal neutrality' constraint by avoiding value judgments on controversial issues.

Liberal Neutrality Constraint

The principle that police should remain neutral on controversial questions of value in their efforts to maintain social order.

Majoritarian Pig Theory

Heath’s theory suggesting that the implementation of the communitarian model requires police to apply dominant social norms, which complicates policing in minority communities.

Overcriminalization

The phenomenon where the laws are so broad that the sphere of individual freedom is extensively curtailed, leading to prohibitions on a wide range of behaviors.

Mill's Principle

The principle that the state cannot restrict an individual’s pursuit of interests unless it undermines the ability of others to pursue their interests.

Enforcement Pyramid

A model illustrating the hierarchy of compliance mechanisms, from intrinsic motives at the base to coercive punishment at the peak.

Social Control

The mechanisms, strategies, and institutions used to maintain order and control behavior in society.

Discretion in Policing

The ability of police officers to make decisions on the enforcement and application of laws based on situational and contextual factors.