ADMJ 50 – Introduction to

Administration of Justice

Chapter 6 -
Policing: Issues and
Challenges
 THE POLICE PERSONALITY
• Police Subculture
– A particular set of
values, beliefs, and
acceptable forms of
behavior with which
the police profession
strives to instill new
recruits. • Optimistic/Helpful,
• Hopeful,
– What values do you • Honorable/Loyal,
see police officers • Conservative,
should possess? • Efficient,
• Morality
 THE POLICE PERSONALITY
• Police Working
Personality
– All aspects of the
traditional values and
patterns of behavior
evidenced by police
officers who have been
effectively socialized in
the police subculture.
• Frustrated,
– What traits do you • Authoritarian,
believe police officers • Suspicious/Secretive,
accrue during their
career in law • Cynical/Pessimistic,
enforcement?
• Prejudiced/Opinionated
 CORRUPTION
• Police Corruption
– The abuse of police authority for personal or organizational
gain
– What do you believe are the reasons why it is difficult to
control police corruption?
• Reluctance of officers to report corrupt
activities
• Reluctance of administrators to acknowledge
the existence of corruption
• Benefits of corrupt transactions to the parties
involved
• Lack of victims willing to report corruption
 CORRUPTION
SLIPPERY SLOPE
• The Slippery Slope - Holds
that even a small thank-
you accepted by a
member of the public can
lead to a more ready
acceptance of larger
bribes:
– Gratuities
– False Reports/Perjury
– Bribes
– Criminal Activity
 CORRUPTION
The text “Criminal Justice A Brief Introduction, ” provides a pyramid of
police corruption by level of seriousness. Not everyone would agree
with the ranking. What do you think about the ranking?
 RESPONDING TO CORRUPTION
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• Knapp Commission – NYPD (1970’s) - A committee that investigated
police corruption in New York City in the early 1970s. Undercover
Officer Frank Serpico testified before the Knapp Commission on police
corruption. Here are some of their findings:
– commanders should be held accountable for their subordinates' actions.
– commanders should file periodic reports on key aspects that would breed
corruption.
– field offices of the Internal Affairs division should be created at all
precincts.
– undercover informants should be placed in all precincts.
– improve screening and selection methods and standards.
– a change in police attitudes.

– The Knapp Commission distinguished between two types of corrupt

officers.
• Grass Eaters - illegitimate activity that occurs from time to time.
• Meat Eaters - more serious illegitimate activity and active solicitation of illicit
moneymaking opportunities.
 RESPONDING TO CORRUPTION
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• Mollen Commission – NYPD (1990’s)

– Investigated widespread criminal
behavior
– Findings Department had failed at every
level to uproot corruption and had
instead tolerated a culture that fostered
misconduct and concealed lawlessness
by police officers.
• Rampart Investigation – LAPD (2000)
– Serious abuses by members of CRASH
(more information NEXT SLIDES)
• Here we are 2015, are there current
incidences where there is police
corruption/abuse?
 RAMPART INVESTIGATION
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The LAPD Rampart scandal refers to widespread
corruption in the Community Resources Against Street
Hoodlums (or C*R*A*S*H) anti-gang unit of the Los
Angeles Police Department (LAPD) Rampart Division in
the late 1990s. More than 70 police officers either
assigned to or associated with the Rampart CRASH unit
were implicated in some form of misconduct, making it
one of the most widespread cases of documented police
misconduct in United States history. The convicted
offenses include unprovoked shootings, unprovoked
beatings, planting of false evidence, framing of suspects,
stealing and dealing narcotics, bank robbery, perjury, and
the covering up of evidence of these activities.
 RAMPART INVESTIGATION
QUICK FACT
2 OF 2
• 24 Officers committed wrongdoing
– 12 given suspensions of various lengths,
– 7 forced to resign or retire
– 5 fired.
• As a result of the probe into falsified evidence and
police perjury
• 106 prior criminal convictions were overturned.
• Resulted in more than 140 civil lawsuits against the city of
Los Angeles costing the city an estimated $125 million in
settlements
 INTEGRITY IN LAW
ENFORCEMENT
• Internal Affairs: The branch of a police organization tasked
with investigating charges of wrongdoing against other
members of the department.
• LE Code of Ethics
– The moral responsibility to adhere to duties and obligations inherent
in police work
– Adopted by IACP in 1959
• How does Law Enforcement create and maintain Integrity
within its profession?
– Hiring Standards
– Academy & Continuing Professional Training
– Internal Affairs
• Investigation of charges of wrongdoing involving members of the
department
DRUG TESTING OF POLICE EMPLOYEES
• A model drug-testing policy has been
established by the International Association of
Chiefs of Police (IACP).
• Many departments require all officers to
submit to routine drug testing.
• Turner v. Fraternal Order of Police found that
drug testing can occur based on reasonable
suspicion.
• Caruso v. Ward found that random drug testing
is not allowed.
 EDUCATION AND TRAINING
• P.O.S.T.
– Peace Officer Standards and Training
• http://www.post.ca.gov/
– Official state/legislative commission that
sets Law Enforcement training standards
such as….
• 832 PC (Laws of Arrest)
• Basic Academies
• Continuing Professional Training
• Perishable-Skills Program (on going training)
 RECRUITMENT AND SELECTION
• Benefits of hiring educated officers?
– Report Writing skills
– Verbal Communication skills
– Effective job performance
– Fewer citizen complaints
– Increased initiative
– Wise use of Discretion
– Fewer discipline issues
– Heightened awareness
of multiculturalism
 ISSUES IN POLICING

• Certain issues hold special interest and

concerns for today’s police administrators
and officers
– Inherent Dangers
– Stress
– Civil Liability
– Racial Profiling
– Use-of-Force/Lethal Force
INHERENT DANGERS OF POLICE WORK
• Violence in the Line of Duty
– 2019 LEOKA https://ucr.fbi.gov/leoka/2019/topic-
pages/officers-feloniously-killed
– 48 officers feloniously killed (next slide further break down)
• 41 officers accidentally killed (next slide further break down)
• 56,034 officers assaulted

• Risk of Disease and Infection

– Increased concerns about AIDS, hepatitis, tuberculosis, and
other diseases.
• Stress and Fatigue
– Shift-work, diet, overtime
– Sleep deprivation
Law Enforcement Felonious Killed
1920-2015
Police Officers Feloniously Killed
2009 - 2020
 STRESS AND FATIGUE AMONG POLICE
OFFICERS
• Stress is a natural • Danger, frustration,
component of police paperwork, the daily
work demands of the job,
• American Institute of lack of understanding
Stress ranks policing from family members
among the top ten stress- and friends
producing jobs
• Suicide rate is more than
twice that of the general
population
• “Macho” attitude
Police Suicide Rates
 STRESS REDUCTION
• Humor
• Exercise, meditation, deep breathing,
biofeedback, self-hypnosis, induced
relaxation, music, prayer, and diet have all
been cited as useful techniques for stress
reduction
• The amount of stress an officer experiences
is directly related to his or her reactions to
potentially stressful situations
 Police Civil Liability
• Liability
– Responsibility for damages caused by
officer/department
• Negligence Actions – (Discussed next slides)
• Intentional Torts - An intentional tort would occur when
an officer, without justification, intentionally commits
an act which is recognized by the law as a tort. For
example, if an officer were to use his baton to
intentionally strike someone who had done nothing
wrong.
• Continued Next Slide
 Police Civil Liability
• 1983 Lawsuits. A civil suit brought under Title
42, Section 1983, of the U.S. Code, against
anyone who denies others their constitutional
rights to life, liberty, or property without due
process of law, misuse of power, subject
sustain damages.
• Bivens Action: A civil suit based on the case
of Bivens v. Six Unknown Federal Agents,
brought against federal government officials
for denying the constitutional rights of others.
MAJOR SOURCES OF CIVIL LIABILITY
What are some of causes for civil liability?

• Failure to protect property in custody

• Negligent care of in-custody suspects
• Failure to render proper medical first-aid
• Lack of due regard for public safety
• False arrest or imprisonment
• Excessive force
• Violation of constitutional rights
• Racial Profiling
 RACIAL PROFILING AND BIASED POLICING

Racial Profiling - Any police-initiated action that relies on the

race, ethnicity, or national origin rather than [1] the
behavior of an individual or [2] on information that leads
the police to a particular individual who has been identified
as being, or having been, engaged in criminal activity.”

• Most law enforcement officers are dedicated to serving with fairness

and dignity.
• Most police officers share an intolerance for racially biased policing.
• This report also describes the qualities of an unbiased police officer.

• POST training mandates

– 100,000 officers statewide
– 5 hours initial training
– Main goal = individual-officer self-examination
 POLICE USE OF FORCE
• Use-of-Force
– The use of verbal or physical restraint by a police officer
when dealing with a member of the public
• Use-of-Force Continuum
– Ladder, Steps, Elevator, Wheel (next slide)
– Guided by Department Policy, Training, etc.
• Excessive Force
– The application of an amount or frequency of force greater
than that required to gain compliance from a willing or
unwilling subject
Use-of-Force Continuum Models
 LETHAL FORCE

• Level of force likely to cause death or great bodily

injury
• Tennessee vs. Garner (1985)
– Lethal force upon fleeing felon only if serious threat of
injury or death to public or officer and deadly force
necessary to effect arrest (more information next slide)
• Graham vs. Connor (1989)
– Established “objective reasonableness” standard
– Appropriateness of force should be judged from
perspective of reasonable officer in that situation (more
information next slide)
 Tennessee vs. Garner (1985)

Facts. At that time, Tennessee state statute and official

Memphis Police Department policy authorized the use of
deadly force against a fleeing suspect. On October 3,
1974, the police were summoned to stop a suspected
burglary. As the police arrived, suspect was seen fleeing
the scene of the alleged burglary. An officer saw suspect,
and could see that suspect possessed no weapon, and
yelled at him to stop, suspect continued to climb the wall
to escape at which point he was shot and killed. Suspect’s
father brought this action seeking damages for a violation
of the suspect’s constitutional rights. (Next Slide)
 Tennessee vs. Garner (1985)
Supreme Court Held that the Tennessee statute
for shooting a fleeing felon was unconstitutional
insofar as it authorizes the use of deadly force
against, as in this case, an apparently unarmed,
nondangerous fleeing suspect; such force may
not be used unless necessary to prevent the
escape and the officer has probable cause to
believe that the suspect poses a significant
threat of death or serious physical injury to the
officer or others.
 Graham vs. Connor (1989)
Graham v. Connor 490 U.S. 386 (1989) was a
United States Supreme Court case where the
Court determined that an objective
reasonableness standard should apply to a free
citizen's claim that law enforcement officials
used excessive force in the course of making an
arrest, investigatory stop, or other "seizure" of
his person. (Next Slide)
 Graham vs. Connor (1989)
Petitioner Graham, a diabetic, asked his friend Berry, to drive
him to a convenience store to buy orange juice to counteract
the onset of an insulin reaction. Upon entering the store and
seeing the number of people ahead of him, Graham hurried
out and asked Berry to drive him to a friend's house instead.
Respondent Connor, a city police officer, became suspicious
after seeing Graham hastily enter and leave the store,
followed Berry's car, and made an investigative stop, ordering
the pair to wait while he found out what had happened in the
store. Respondent backup police officers arrived on the scene,
handcuffed Graham, and ignored or rebuffed attempts to
explain and treat Graham's condition. During the encounter,
Graham sustained multiple injuries. He was released when
Connor learned that nothing had happened in the store.
Continued
 Graham vs. Connor (1989)
The Supreme Court determined that an objective
reasonableness standard should apply to a free citizen's claim
that law enforcement officials used excessive force in the
course of making an arrest, investigatory stop, or other
"seizure" of his person.
The Court then outlined a non-exhaustive list of factors for
balancing an individual's rights vs. an officer's: 1) "the severity
of the crime at issue"; 2) "whether the suspect poses an
immediate threat to the safety of the officers or others"; and
3) "whether he is actively resisting arrest or attempting to
evade arrest by flight.“
Simply put: Established “objective reasonableness” standard.
Appropriateness of force should be judged from perspective
of reasonable officer in that situation
 California Use of Force Law
California passed a new law regarding the use of deadly force by a
peace officer. A police officer is legally permitted to use deadly force
only when “necessary in defense of human life.” That’s a steeper
standard than current law applies now, which says officers can shoot
when doing so is “reasonable.” Under the new law, lethal force by a
peace officer is only justifiable “when necessary in defense of human
life.”

Specifically, AB 392 provides that a peace officer is justified in using

deadly force only when the officer reasonably believes, based on the
totality of the circumstances, that deadly force is necessary for one of
two reasons: (1) to defend against an imminent threat of death or
serious bodily injury to the officer or another person, or (2) to
apprehend a fleeing felon if the officer reasonably believes that the
person will cause death or serious bodily injury to another unless
immediately apprehended.
 LETHAL-FORCE POLICY ELEMENTS
What are some of the common elements for use of
deadly-force?

– Defense of Life
• Officer’s or another’s
– Fleeing Felony Suspect
• If escape likely to result in imminent danger of death/GBI
– Verbal Warnings
• Should be given if not jeopardizing safety
– Warning Shots
• Generally discouraged
– Moving Vehicles
• Not to disable vehicle, at driver/occupants only if imminent
death/GBI and does not cause overriding danger
 LESS-LETHAL FORCE
What is the definition of less-lethal weapons?

• Less-Lethal Weapons
– Weapons designed/intended to disable, capture, or
immobilize – but not kill – a suspect
– Not Non-Lethal!
• Could cause unintentional death or serious injury

What are some examples of less-lethal weapons?

– Baton
– Pepper Spray / Pepperball
– Tasers
– Beanbag Projectiles
– Rubber Bullets
 Tueller Drill
1 of 2
• Sergeant Dennis Tueller, of the Salt Lake City,
Utah Police Department wondered how
quickly an attacker with a knife could stab the
target.
• He determined that it could be done in 1.5
seconds.
• 21 Foot Rule - The 21 foot rule states that the
average person with a knife or sword can get
to and cut a person in about the same time
that the average person can draw and fire a
handgun.
• The Tueller experiments quantified a "danger
zone" where an attacker presented a clear
threat.
 Tueller Drill
2 of 2
• A defender with a gun has a
dilemma. If he shoots too early, he
risks being charged with murder. If
he waits until the attacker is
definitely within striking range so
there is no question about motives,
he risks injury and even death.
 EDUCATION AND TRAINING
• Peace Officer Standards and Training (POST)
Program
– The official program of a state or legislative jurisdiction
that sets standards for the training of law enforcement
officers. All states set such standards, although not all
use the term POST.
– California peace officers undergo an extensive selection
process before they are hired by law enforcement
agencies. The role of the California Commission on
Peace Officer Standards and Training (POST) includes
establishing minimum selection standards for peace
officers in California and conducting research that
results in the development of the tests and procedures
used by local law enforcement agencies to adhere to
these minimum selection standards.
 EDUCATION AND TRAINING
• What are some of the benefits for hiring
educated officers?

– Better written reports

– Enhanced communications with the public
– More effective job performance
– Fewer citizen complaints
– Greater initiative
– Wiser use of discretion
– Heightened sensitivity to racial and ethnic issues
– Fewer disciplinary problems
 RECRUITMENT AND SELECTION
• Nearly all departments use personal
interviews
• Large majority use
– Basic skills tests
– Physical agility measurements
– Medical exams
– Drug tests
– Psychological evaluations
– Background investigations
 ETHNIC AND GENDER DIVERSITY IN
POLICING
• 2001 Status of Women in Policing Survey
– Women fill only 12.7% of all sworn law
enforcement positions nationwide
– Women account for 46.5% of employed people
over the age of 16 nationwide
• Women as Effective Police Officers
– Female officers often underutilized
– Departments hesitate to assign women to patrol
– Women experience frustration and lack of
satisfaction with their jobs
 Private Protective Services
• Growth of Private Protective Services
– Public police are employed by the government
and enforce public laws
– Private security personnel work for corporate
employers and secure private interests
• Private Protective Services
– The independent or proprietary commercial
organizations that provide protective services to
employers on a contractual basis
 Private Protective Services
• Private police outnumber public police
• Private agencies provide tailored policing funded by
the guarded organization rather than through the
expenditure of public monies
• Major reasons for growth of proprietary security
– An increase in crimes in the workplace
– An increase fear of crime and terrorism
– The fiscal crises of the states
– Increased public and business awareness
– It is estimated that private security workers in the United
States outnumber commissioned police officers 1.5 million
to 700,000.
END