Week 2 Lecture Notes: Investing Current Controversies & Critical Views of Policing
The Critical View of Policing
Policing is a powerful agency of the government that must be closely monitored and periodically reigned in.
Three areas of the criminal justice system:
Law enforcement: Detects when members are acting outside of acceptable behaviors.
Courts: Determines guilt or innocence.
Corrections: Carries out the criminal sentence.
Social Construct
Identifies behaviors that are acceptable or unacceptable.
Rodney King video led to police officers now having body cameras.
Chiefs are responsible for their agency because officers are a reflection of them.
Leadership
Leaders define the mission, vision, and support those who follow.
Police Administration
Sets policing policies, budget, and tasks.
Authority of Police Officers
Derived from the people; this authority can be changed to improve policing.
Persisting Tensions
Policing needs reform and perhaps overhaul.
Major concerns:
Excessive force.
Lack of transparency.
Limited accountability for wrongdoings.
Critics have formed a diverse movement to improve policing.
Use of Force
Police officers have the authority to use legal force and effect arrests.
Using force on another person is typically considered assault, but police have the authority to use force reasonably.
Supreme Court reviews of police force consider the reasonableness of the officer's actions.
Police officers do not require 100% certainty that a person has a gun to use force if there is reasonable cause; lack of transparency is a concern.
Police Officers at Their Worst
Botched no-knock raid in Louisville in 2020 resulted in Breonna Taylor's death.
Probable cause is needed to conduct a search; knocking can be waived if there's a chance evidence may be destroyed or the suspect might flee.
The incident led to nationwide protests and a million payout.
Training, performance standards, and police accountability are critical.
The Louisville Metro Police Department was documented using excessive force and unlawful searches.
George Floyd's suffocation by a Minneapolis police officer is another controversial incident.
Justice Department Investigations
Often uncover widespread and deep-seated problems requiring reforms and consent decrees to rebuild trust and improve police practices.
Consent decrees have a proven track record of reducing officers' use of force and civilian complaints.
Police agencies work on specific practices to improve, with federal oversight.
The most comprehensive intervention occurs when an attorney general appoints a new leadership team (e.g., New Jersey State Attorney General taking control of the Patterson Police Department in 2023).
Federal oversight aims to redress violations of constitutional rights.
Legal Acts Committed While On Duty
Serious offenses committed by officers while on duty can threaten public safety.
Forms of on-duty crimes include profit-oriented corruption and drug-related offenses.
Officers sometimes engage in unjustifiable brutal assaults and applications of deadly force.
They shoot to stop the threat.
If a shooting occurs, the officer must articulate the perceived threat.
Officers must follow their training.
Authority of Police Officers
Police get their authority from the people.
Key Topics for Exam
Difference between leadership and administration.
Three eras of policing.
Roles of police, courts, and corrections in the criminal justice system.
Meaning of police authority: Position where law enforcement can enforce laws, take people into custody, and conduct searches (4th Amendment); extra credit for penal code.
Seven elements of police leadership.
Police culture and values.
Recruitment and hiring qualifications.
Elite squads and their misconduct (NYPD’s precinct anticrime units, Baltimore Gun Trace Task Force, Memphis Police Department Scorpion unit).
Community policing and current-day policing (Irvine vs. Santa Ana).
Use reasonable force to protect yourself if presumed at risk.
Police Actions That Pose a Threat
Innocent people harmed by no-knock raids at the wrong addresses.
Innocent persons injured or killed due to collisions during high-speed vehicle pursuits.
Innocent bystanders accidentally shot by officers.
Financial burden arising from these injuries and deaths.
Non-lethal options: pepper spray and block guns and tasers.
Biggest Controversy
What does the preponderance of the evidence show?
Traditional views: Problems stem from a few 'rotten apples.'
Critics: Issues are much deeper and systemic.
Factors Influencing Officers
Understanding the factors that influence officers' actions is essential.
Regional differences (e.g., LA County vs. Orange County).
Conclusion
Investigating the investigators to discover any unlawful activities within police ranks is essential.
Assessing the severity of policing problems depends on personal experiences and political views.
Police officers and provisional officers have a set of rights that resemble Miranda rights.
Misconduct can lead to disciplinary action.
Police Bill of Rights
Accusation process:
Form of accusation.
Notice and must appear (time and place).
Integration and the right to a lawyer (their choice).
Interview will be recorded.
Right to a written finding.
Right to an appeal.
Miranda Rights
5th Amendment right to remain silent in a criminal investigation.
Ferguson and Black Lives Matter
The shooting of an armed black teenager touched off angry protests in Ferguson.
Black Lives Matter became the rallying cry against police violence against people of color.
Other fatal encounters provoked outrage (e.g., death from suffocation in NYC, shooting of a 12-year-old boy with a pellet gun).
George Floyd Incident
President Obama's “Task Force on 21st Century Policing” advocated many far-reaching reforms in 2015.
Nearly 80 new bills and executive orders impacted policing in 32 states during 2015-2016.
Consent decrees involve agreements by the court and parties involved.
Use of Force Review
When reviewing use of force by law enforcement, the review must take the perspective of the officer.
Actions must be “objectively reasonable.”
Stephen Clark Shooting
Police statement: Clark reached for his pocket and could have had a gun.
Reasonable for the officer to fear for his life.
Intensification of Conflict: 2020 to 2022
A video of George Floyd's death triggered unprecedented political protests worldwide.
Minneapolis training officer kept his knee on Floyd's neck for around 9 minutes while rookies watched.
Indicators of Intensifying Crisis
Reforms enacted covered many aspects of policing.
Erosion of police legitimacy.
Decline in morale.
Sharp rise in resignations and retirements.
Requirements
Cannot have a felony conviction to be a peace officer.
Cannot be an active substance user (peace officer: 6 months to a year since last use).
Background checks, recent drug usage, and bad credit are scrutinized.
Officer Emotional Well-being
Issue of mass resignation and the ability to hire at a standard is significant.
Unions, community, and overtime equally affect police officers.
San Diego Incident
A police officer was killed, along with 2 other people; Checking on someone in the evening, police kicked down the door.
Officer was shot in the face and died.
Post-traumatic stress reactions.
Law and Order Movement
Fundamental assumptions continue discussions about the crime problem.
Police are seen as crime fighters on the frontlines.
Call to restore law and order appears in campaigns for the presidency in 1964, 1968, and 2020.
Eras of Policing
Related era first of policing.
Crime control era (1960-1990).
Evidence-based practice era.
Law Enforcement Lobby
Influential political coalition including police unions, police executives' associations, corrections officers' unions, the prison-industrial complex, professional associations of prosecutors/district attorneys, and the gun lobby.
Core Beliefs of the Law and Order Movement
Criminal behavior can be controlled through strict punishment delivered by a strong criminal justice system.
The entire profession should not be discredited because of the misconduct of a few
Difference between leadership and administration.
Three eras of policing.
Roles of police, courts, and corrections in the criminal justice system.
Meaning of police authority: Position where law enforcement can enforce laws, take people into custody, and conduct searches (4th Amendment); extra credit for penal code.
Seven elements of police leadership.
Police culture and values.
Recruitment and hiring qualifications.
Elite squads and their misconduct (NYPD’s precinct anticrime units, Baltimore Gun Trace Task Force, Memphis Police Department Scorpion unit).
Community policing and
The Critical View of Policing
Policing is a powerful agency of the government that must be closely monitored and periodically reigned in.
Three areas of the criminal justice system:
Law enforcement: Detects when members are acting outside of acceptable behaviors. Enforces laws, investigates crimes, and apprehends suspects.
Courts: Determines guilt or innocence. Adjudicates cases, conducts trials, and ensures due process.
Corrections: Carries out the criminal sentence. Supervises offenders, manages prisons, and implements rehabilitation programs.
Social Construct
Identifies behaviors that are acceptable or unacceptable. Societies collectively define norms, values, and what constitutes deviance.
Rodney King video led to police officers now having body cameras. Increased accountability and transparency in law enforcement.
Chiefs are responsible for their agency because officers are a reflection of them. Leaders set the tone, policies, and ethical standards for the entire department.
Leadership
Leaders define the mission, vision, and support those who follow. Effective leadership involves inspiring, guiding, and empowering subordinates.
Police Administration
Sets policing policies, budget, and tasks. Manages resources, allocates personnel, and oversees daily operations.
Authority of Police Officers
Derived from the people; this authority can be changed to improve policing. Public trust and legitimacy are essential for effective law enforcement.
Persisting Tensions
Policing needs reform and perhaps overhaul. Calls for change arise from concerns about fairness, transparency, and accountability.
Major concerns:
Excessive force. Unnecessary or disproportionate use of physical coercion.
Lack of transparency. Limited access to information about police actions and policies.
Limited accountability for wrongdoings. Insufficient consequences for misconduct or abuse of power.
Critics have formed a diverse movement to improve policing. Activists, scholars, and community members advocate for reforms and systemic change.
Use of Force
Police officers have the authority to use legal force and effect arrests. Force must be reasonable, necessary, and proportionate to the threat.
Using force on another person is typically considered assault, but police have the authority to use force reasonably. Reasonableness is determined by the circumstances and legal standards.
Supreme Court reviews of police force consider the reasonableness of the officer's actions. The Court assesses whether the force used was objectively reasonable under the circumstances.
Police officers do not require 100% certainty that a person has a gun to use force if there is reasonable cause; lack of transparency is a concern. Officers must have a reasonable belief that a threat exists, but transparency is crucial to maintain public trust.
Police Officers at Their Worst
Botched no-knock raid in Louisville in 2020 resulted in Breonna Taylor's death.
Probable cause is needed to conduct a search; knocking can be waived if there's a chance evidence may be destroyed or the suspect might flee. Probable cause ensures that searches are justified and lawful.
The incident led to nationwide protests and a million payout. Demonstrations called for justice and accountability for police misconduct.
Training, performance standards, and police accountability are critical. Proper training, clear standards, and accountability mechanisms are essential to prevent misconduct.
The Louisville Metro Police Department was documented using excessive force and unlawful searches. Patterns of misconduct indicate systemic problems within the department.
George Floyd's suffocation by a Minneapolis police officer is another controversial incident. Sparked global outrage and calls for police reform.
Justice Department Investigations
Often uncover widespread and deep-seated problems requiring reforms and consent decrees to rebuild trust and improve police practices. Investigations reveal patterns of misconduct and systemic issues.
Consent decrees have a proven track record of reducing officers' use of force and civilian complaints. Court-ordered agreements mandate specific reforms and oversight.
Police agencies work on specific practices to improve, with federal oversight. Agencies implement changes under the supervision of federal authorities.
The most comprehensive intervention occurs when an attorney general appoints a new leadership team (e.g., New Jersey State Attorney General taking control of the Patterson Police Department in 2023). New leadership can bring fresh perspectives and implement meaningful reforms.
Federal oversight aims to redress violations of constitutional rights. Ensures compliance with the Constitution and protects civil liberties.
Legal Acts Committed While On Duty
Serious offenses committed by officers while on duty can threaten public safety. Undermine public trust and confidence in law enforcement.
Forms of on-duty crimes include profit-oriented corruption and drug-related offenses. Corruption and drug-related crimes compromise integrity and professionalism.
Officers sometimes engage in unjustifiable brutal assaults and applications of deadly force. Excessive force and brutality erode public trust and violate human rights.
They shoot to stop the threat. The use of deadly force must be justified and proportionate to the threat.
If a shooting occurs, the officer must articulate the perceived threat. Articulation helps to determine whether the use of force was justified.
Officers must follow their training. Proper training ensures that officers respond appropriately and effectively in various situations.
Authority of Police Officers
Police get their authority from the people. Public trust and consent are essential for effective law enforcement.
Key Topics for Exam
Difference between leadership and administration.
Three eras of policing.
Roles of police, courts, and corrections in the criminal justice system.
Meaning of police authority: Position where law enforcement can enforce laws, take people into custody, and conduct searches (4th Amendment); extra credit for penal code.
Seven elements of police leadership.
Police culture and values.
Recruitment and hiring qualifications.
Elite squads and their misconduct (NYPD’s precinct anticrime units, Baltimore Gun Trace Task Force, Memphis Police Department Scorpion unit).
Community policing and current-day policing (Irvine vs. Santa Ana).
Use reasonable force to protect yourself if presumed at risk.
Police Actions That Pose a Threat
Innocent people harmed by no-knock raids at the wrong addresses. Raises concerns about accuracy and risk assessment.
Innocent persons injured or killed due to collisions during high-speed vehicle pursuits. Highlights the dangers of pursuing suspects at high speeds.
Innocent bystanders accidentally shot by officers. Underscores the need for careful training and tactics.
Financial burden arising from these injuries and deaths. Lawsuits and settlements can strain public resources.
Non-lethal options: pepper spray and block guns and tasers. Provide alternatives to deadly force in certain situations.
Biggest Controversy
What does the preponderance of the evidence show?
Traditional views: Problems stem from a few 'rotten apples.' Attribute issues to individual misconduct rather than systemic problems.
Critics: Issues are much deeper and systemic. Argue that policing problems are rooted in policies, practices, and culture.
Factors Influencing Officers
Understanding the factors that influence officers' actions is essential. Improves training, policies, and oversight.
Regional differences (e.g., LA County vs. Orange County). Different regions may have varying policing styles, priorities, and challenges.
Conclusion
Investigating the investigators to discover any unlawful activities within police ranks is essential. Holds law enforcement accountable and maintains integrity.
Assessing the severity of policing problems depends on personal experiences and political views. Subjectivity can influence perceptions of policing issues.
Police officers and provisional officers have a set of rights that resemble Miranda rights. Ensures due process and protects officers from self-incrimination.
Misconduct can lead to disciplinary action. Consequences for misconduct range from warnings to termination.
Police Bill of Rights
Accusation process: Form of accusation.
Notice and must appear (time and place).
Integration and the right to a lawyer (their choice).
Interview will be recorded.
Right to a written finding.
Right to an appeal.
Miranda Rights
5th Amendment right to remain silent in a criminal investigation. Protects individuals from self-incrimination during questioning.
Ferguson and Black Lives Matter
The shooting of an armed black teenager touched off angry protests in Ferguson. Sparked a national conversation about race, policing, and justice.
Black Lives Matter became the rallying cry against police violence against people of color. Advocated for police reform, accountability, and racial justice.
Other fatal encounters provoked outrage (e.g., death from suffocation in NYC, shooting of a 12-year-old boy with a pellet gun). Highlighted concerns about police use of force and bias.
George Floyd Incident
President Obama's “Task Force on 21st Century Policing” advocated many far-reaching reforms in 2015. Aimed to build trust, enhance accountability, and promote effective policing.
Nearly 80 new bills and executive orders impacted policing in 32 states during 2015-2016. Reflects a growing interest in police reform at the state level.
Consent decrees involve agreements by the court and parties involved. Mandate specific reforms and oversight.
Use of Force Review
When reviewing use of force by law enforcement, the review must take the perspective of the officer. Considers the circumstances and information available to the officer at the time.
Actions must be “objectively reasonable.” Evaluates whether the use of force was justified based on legal standards.
Stephen Clark Shooting
Police statement: Clark reached for his pocket and could have had a gun.
Reasonable for the officer to fear for his life. Justified the use of deadly force based on perceived threat.
Intensification of Conflict: 2020 to 2022
A video of George Floyd's death triggered unprecedented political protests worldwide. Sparked global outrage and calls for police reform.
Minneapolis training officer kept his knee on Floyd's neck for around 9 minutes while rookies watched. Raised questions about training, supervision, and accountability.
Indicators of Intensifying Crisis
Reforms enacted covered many aspects of policing. Reflects a widespread recognition of the need for change.
Erosion of police legitimacy. Undermines public trust and cooperation.
Decline in morale. Affects officer performance and retention.
Sharp rise in resignations and retirements. Contributes to staffing shortages and loss of experience.
Requirements
Cannot have a felony conviction to be a peace officer. Ensures that officers have a clean criminal record.
Cannot be an active substance user (peace officer: 6 months to a year since last use). Promotes professionalism and integrity.
Background checks, recent drug usage, and bad credit are scrutinized. Assesses suitability for law enforcement duties.
Officer Emotional Well-being
Issue of mass resignation and the ability to hire at a standard is significant. Affects staffing levels and quality of law enforcement.
Unions, community, and overtime equally affect police officers. Influence officer morale, performance, and well-being.
San Diego Incident
A police officer was killed, along with 2 other people; Checking on someone in the evening, police kicked down the door.
Officer was shot in the face and died.
Post-traumatic stress reactions. Highlights the psychological toll of law enforcement.
Law and Order Movement
Fundamental assumptions continue discussions about the crime problem. Shapes policies, practices, and public discourse.
Police are seen as crime fighters on the frontlines. Emphasizes the role of law enforcement in controlling crime.
Call to restore law and order appears in campaigns for the presidency in 1964, 1968, and 2020. Reflects public concerns about crime and safety.
Eras of Policing
Related era first of policing.
Crime control era (1960-1990). Emphasized aggressive policing tactics and crime suppression.
Evidence-based practice era. Focuses on using research and data to improve policing strategies.
Law Enforcement Lobby
Influential political coalition including police unions, police executives' associations, corrections officers' unions, the prison-industrial complex, professional associations of prosecutors/district attorneys, and the gun lobby. Advocates for law enforcement interests and influences policy decisions.
Core Beliefs of the Law and Order Movement
Criminal behavior can be controlled through strict punishment delivered by a strong criminal justice system. Emphasizes deterrence and incapacitation.
The entire profession should not be discredited because of the misconduct of a few. Focuses on individual accountability rather than systemic problems.
Difference between leadership and administration.
Three eras of policing.
Roles of police, courts, and corrections in the criminal justice system.
Meaning of police authority: Position where law enforcement can enforce laws, take people into custody, and conduct searches (4th Amendment); extra credit for penal code.
Seven elements of police leadership.
Police culture and values.
Recruitment and hiring qualifications.
Elite squads and their misconduct (NYPD’s precinct anticrime