CJ EXAM 2

CJ1310 – Introduction to Criminal Justice Exam 2 Study Guide

Chapter 5: The Nature and History of Policing

Key Points to Know:

• Historical Development of Policing

  • Policing has its roots in British origins.
  • The establishment of professional police forces in the United States was influenced by earlier models.

• Machine Politics in Early American Policing

  • Machine politics significantly shaped early American policing; it led to corruption as political entities often influenced police operations for electoral gain.

• Peel’s Nine Principles of Policing

  • These principles established standards for ethical police conduct and operational efficiency, influencing modern law enforcement.

• Differences Between Law Enforcement Agencies

  • Municipal Law Enforcement Agencies
  • Operate at the city level, focused on local laws and ordinances.
  • State Law Enforcement Agencies
  • Operate statewide, enforcing state laws and assisting local agencies when necessary.
  • Federal Law Enforcement Agencies
  • Operate under federal jurisdiction, dealing with national and interstate crime.

• Department of Homeland Security (DHS)

  • Established post-9/11 to enhance national security and coordinate law enforcement efforts across various agencies, affecting priorities in public safety.

• Community Policing Strategies

  • Emphasizes building relationships between police and communities to enhance trust and cooperation in policing efforts.

• Concept of Police Discretion

  • Refers to the ability of police officers to make choices based on their judgment; vital for decision-making in various situations.

Questions:

1. Role of Machine Politics

   • Machine politics contributed to the establishment of corrupt practices in early American policing, as police were often beholden to political leaders rather than the law itself.

2. First Modern Municipal Police Force

   • The first modern municipal police force in the U.S. was established in Boston in 1838; it featured a structured organization focused on crime prevention and public order.

3. Purpose of the Peel Act

   • The Peel Act aimed to create a disciplined police force in London focused on crime prevention and establishing a professional image.

4. Wickersham Commission Recommendations

   • The Commission recommended reforms to improve policing practices and reduce systemic corruption, highlighting the need for greater accountability.

5. Sheriffs' Operating Level

   • Sheriffs operate at the county level and provide law enforcement services across rural areas and municipalities.

6. Police Discretion Definition

   • Police discretion allows officers to make decisions on how to enforce the law; for example, issuing a warning instead of a citation for minor infractions.

7. Peel’s Nine Principles

   • The principle emphasizing the avoidance of unnecessary force is the eighth principle: "The police should direct their action strictly towards their functions, and never appear to usurp the powers of the judiciary."

8. Impact of DHS Post-9/11

   • After 9/11, DHS shifted the focus of law enforcement to counter-terrorism, prioritizing new initiatives that emphasized national security.

9. Largest Municipal Police Department

   • The New York City Police Department (NYPD) is the largest municipal police department, responsible for maintaining law and order in the city, including crime prevention and response.

10. Community Policing Strategies

    • Community policing strategies enhance public trust by involving officers in community activities, using foot patrols, and fostering open communication with citizens.

Chapter 6: Modern Policing

Key Points to Know:

• Active vs. Reactive Policing

  • Active Policing involves proactive measures like patrols and initiatives to deter crime.
  • Reactive Policing responds to incidents after they occur, such as answering calls for service.

• Legal Standards of Search

  • Probable Cause is the legal standard requiring sufficient reason for a police officer to obtain a warrant or warrantless search.
  • Reasonable Suspicion is a lower standard, justified by specific facts that lead police to suspect criminal activity.

• Civil Forfeiture

  • A legal process allowing law enforcement to seize assets linked to criminal activity without the necessity of a criminal charge, which sparks debates over its fairness and potential for abuse.

• Impact of the War on Drugs

  • Aggressive stop-and-frisk policies became common, leading to controversial policing practices, particularly in urban environments.

• Exclusionary Rule

  • The rule disallows evidence acquired through illegal searches, termed "fruit of the poisonous tree," from being used in court.

• No-Knock Warrants

  • These allow police to enter homes without prior notification, raising controversies around safety and civil rights.

• Militarization of Police Forces

  • Refers to the increasing use of military-grade equipment by police, which can strain community relations and alter public perceptions.

Questions:

1. Active vs. Reactive Policing

   • Active policing examples include police patrols aimed at preventing crime; reactive policing includes officers responding to 911 calls.

2. Legal Standard for Search/Arrest

   • Probable cause is required to conduct searches or make arrests without a warrant.

3. Suspicion Level for Terry Stops

   • Reasonable suspicion is required for a Terry stop, established by the Supreme Court case "Terry v. Ohio".

4. Non-lethal Force Technique Example

   • An example is the use of tasers, which are appropriate in situations where non-lethal options are considered necessary to subdue a suspect.

5. Civil Forfeiture Explanation

   • Civil forfeiture allows law enforcement to take property linked to crime; it has become controversial due to potential abuses and lack of criminal charges.

6. Controlled Substances Act of 1970's Impact

   • This act expanded civil forfeiture laws by allowing the government to seize assets involved in drug trafficking without criminal conviction.

7. Civil Forfeiture Without Charges

   • Civil forfeiture can occur without a criminal charge, justified by the premise that the property itself is linked to illegal activity.

8. Exclusionary Rule Definition

   • The exclusionary rule prevents the use of evidence obtained from unlawful searches, emphasizing the idea that improperly obtained evidence cannot be used in court proceedings.

9. War on Drugs Impact

   • The focus on combating drugs led to more aggressive policing, increased stops, and arrests especially in urban areas, often associated with racial bias.

10. Legalization of Marijuana Effects

    • Legalization has changed public attitudes toward drug enforcement, resulting in increased scrutiny of past anti-drug campaigns and changing priorities in policing.

Chapter 7: Police Ethics and Misconduct

Key Points to Know:

• Racial Profiling

  • Racial profiling is defined as the use of race as a basis for suspecting someone of committing a crime, widely criticized for perpetuating discrimination.

• Police Deviance vs. Misconduct

  • Police deviance refers specifically to behavior that diverges from accepted standards of conduct, whereas general misconduct includes a wider range of violations.

• Blue Wall of Silence

  • A culture of silence within police departments that protects officers accused of misconduct, creating barriers to accountability.

• Role of Internal Affairs

  • Internal Affairs investigates allegations of police misconduct, although its independence can be called into question due to potential conflicts of interest.

• Police Burnout

  • Burnout occurs due to stressors such as excessive workloads and hostile environments, impacting officer performance and decision-making.

• Body Cameras and Oversight

  • Increasing use of body cameras and civilian oversight boards aims to enhance accountability and transparency within police departments.

• Pretextual Stops

  • These stops, conducted under the pretense of minor infractions to investigate more serious offenses, raise issues of racial disparities and civil rights violations.

• Variability in Use-of-Force Policies

  • Policies regarding the use of force can differ widely, with some departments banning certain techniques, such as chokeholds, following public outcry over excessive force incidents.

Questions:

1. Racial Profiling Definition and Use

   • Racial profiling is applied in traffic stops, often targeting individuals based on race rather than behavior or evidence of wrongdoing.

2. Difference in Police Deviance and Misconduct

   • Police deviance involves serious ethical violations, like corruption or excessive force, whereas general misconduct may include less severe breaches of conduct, such as inappropriate comments.

3. Internal Affairs Role

   • Internal Affairs investigates police behavior; its independence may be questioned if it is perceived as biased or protective of officers.

4. Blue Wall of Silence Impact

   • The blue wall of silence protects officers from being held accountable, leading to continued misdeeds and lack of public trust.

5. Authoritarian Personality Type

   • Officers with authoritarian traits may be more prone to using excessive force or acting unethically in policing, as they may view themselves as above criticism.

6. Studies on Racial Profiling Ineffectiveness

   • Research suggests that racial profiling is not effective in preventing crime, bolstered by arguments that it erodes community trust and diverts resources from effective policing.

7. Factors of Police Burnout

   • Contributing factors include job stress, exposure to traumatic events, and lack of support, resulting in impaired judgment and decision-making.

8. Civil Forfeiture Misuse

   • Law enforcement agencies have sometimes misused civil forfeiture laws to seize property without adequate justification, furthering critiques of their practices.

9. Reasons for Bans on Chokeholds

   • Chokeholds have been banned following high-profile incidents showcasing the dangers and fatalities resulting from their use, prompting demands for reform.

10. Civilian Review Boards Purpose

    • Civilian review boards oversee police conduct, aiming to enhance accountability by providing external evaluations of officers' actions and departmental policies.