UMD CCJS 100 - Policing: Contemporary Issues and Challenges

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Discretion InfluencesNature of crimeLess serious the crimeRelationship between the alleged criminal and the victimClose the relationshipRelationship between the police and the criminal or victimRespectPolitenessRace/ethnicity, age, gender, classYoungMinorityPoor men v. ElderlyAffluentWhite womenDepartment policyPolicies of police chief and city officialsAbuse of PowerUse of forceExcessive use of forceForce which violates either department policies or constitutional rightsNational Institute of Justice ReportPolice use fore infrequentlyPolice use of force typically occurs in lower end of the force spectrum and involves grabbing, pushing or shovingUse of force typically occurs when police are trying to make an arrest and the subject is resistingCorruptionGrass eatersAccept payoffsMeat eatersUse power for personal gainDelivery of Police ServicesTerms to knowEvidence-based policingUse of social science studies on the nature of crime and effectiveness of past efforts when deploying police personnel and developing policyIncident-driven policingCalls for service are primary instigators of actionReactiveResponding to crime committedProactiveActively searching for potential offendersDifferential ResponsePatrol strategy that assigns priorities to calls for service and chooses the appropriate responseCompStatOrigin: NYCOther cities of implementation: Baltimore, New Orleans, IndianapolisInvolves frequent meetings among police supervisors to examine detailed crime statistics for each precinct and develop immediate approaches and goals for problem solving and crime preventionWas not originally a software packageDON’T WORRY ABOUT 162-175 FOR THE MIDTERM5 Types of PatrolPreventative PatrolKansas City Preventative Patrol ExperimentPreventative/proactive patrol had no major effect on crime reported, amount of crime or fear of crimeFoot vs. Motorized PatrolFoot and bicycle patrol are used in 90% of cities with 50,000 or more inhabitantsMost patrolling is conducted in cars, this increases amount of territory officers can patrolAggressive PatrolBroken WindowsZero-tolerance policing, raids, stings, tracking paroleesCommunity PolicingCommunity-based crime preventionChanging the focus of patrol activities to non emergency servicesMaking the police more accountable to the publicDecentralizing decision making to include residentsHot SpotsSpots where a great deal of crime occursKopper CurveWrap Up:TermsExcessive use of forcePolice corruptionEvidence-based policingReactiveProactiveIncident-drive policingDifferential responseClearance rateNumbers of crime solvedPreventative patrolDirected patrolAggressive patrolTopicsInfluences of discretionTwo forms of abuse of powerFindings from NIJ reportGrass eaters v. meat eatersCompStatTypes of patrol and effectivenessSearch and SeizurePlain view doctrineOfficers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to beDoes not violate a reasonable expectationStops must be justified by reasonable suspicionArticulate the factsUse of ForceFourth AmendmentTennessee v. Garner“Fleeing felon rule”Necessary to prevent escape and suspect poses a significant threatConcept of ArrestArrest must be supported by probable causeReasonable conclusion that a person has committed a crimeWarrants and Probable CauseImportant elementsExistence of probable causeEvidence is presented, oath is taken (potentially affidavit)Warrant must describe specific place to be searchWarrant must describe person/items to be seizedWarrantless SearchesSpecial needs beyond the normal purposes of law enforcementMetal detectors in airportsBorder crossingsPortsMay be randomly selected for a searchBehavior/answers arouse suspicionCheckpointsCannot be randomly selectedStop and Frisk on the streetsTerry v. Ohio (1968)Reasonable suspicion that suspect is armed and involved in criminal activity8 criteria that define a legal stop and friskAKA “Terry Stops”Search Incident to a Lawful ArrestChimel v. California (1969)For weapons and evidence in the immediate vicinity of people who are lawfully arrestedExigent CircumstancesIf public safety is threatened or evidence may be destroyed, officers may search, arrest or question without warrantConsentIf a person consents to a search, no probable cause or suspicion must be metConsent searchAutomobile SearchesOfficers may conduct a visible inspection of the car through the windowsCannot conduct an entire search unless specific factors are metArrest of a driverReasonable suspicion/probable cause“Frisk” the carMiranda RulesMiranda v. ArizonaSuspects must be told:They have the right to remain silentIf they decide to make a statement, it can and will be used against them in courtThey have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorneyIf they cannot afford an attorney, the state will provide oneOnly applies when suspect is in custody“Public safety” exceptionExclusionary RuleIllegally obtained evidence must be excluded from trialMapp v. Ohio (1961)2 exceptions to ER“Good Faith” ExceptionOfficers acted with honest belief that they were following the rulesInevitable DiscoveryImproperly obtained evidence can be used when it would later have been inevitably discovered by the policeChapter 7 PointsAdversarial ProcessLawyers represent each side, both presenting evidenceInquisitorial ProcessJudge takes active role in investigating, examining and questioning during trialJurisdictionGeographic territory within which control may be exercisedWrap UpTermsReasonable expectation of privacyPlain view doctrineStopReasonable suspicionProbable causeAffidavitExigent circumstancesConsent search“Public safety” exceptionJurisdiction (chapter 7)TopicsSearch and seizureUse of forceArrestWarrants and probable causeWarrantless searches (6)Miranda RulesExceptionsAdversarial v. Inquisitorial Process (chapter 7)Policing: Contemporary Issues and Challenges04/03/2014 21:15:00← Discretion Influences- Nature of crimeo Less serious the crime- Relationship between the alleged criminal and the victimo Close the relationship- Relationship between the police and the criminal or victimo Respecto Politeness- Race/ethnicity, age, gender, classo Youngo Minorityo Poor men v. Elderlyo Affluento White women- Department policyo Policies of police chief and city officials← Abuse of Power- Use of forceo Excessive use of force Force which


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UMD CCJS 100 - Policing: Contemporary Issues and Challenges

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