Policing Contemporary Issues and Challenges 04 03 2014 21 15 00 Discretion Influences Nature of crime Relationship between the alleged criminal and the victim o Less serious the crime o Close the relationship Relationship between the police and the criminal or victim Race ethnicity age gender class o Respect o Politeness o Young o Minority o Poor men v Elderly o Affluent o White women Department policy o Policies of police chief and city officials Abuse of Power Use of force o Excessive use of force Force which violates either department policies or constitutional rights o National Institute of Justice Report Police use fore infrequently Police use of force typically occurs in lower end of the force spectrum and involves grabbing pushing or shoving Use of force typically occurs when police are trying to make an arrest and the subject is resisting Corruption o Grass eaters Accept payoffs o Meat eaters Use power for personal gain Delivery of Police Services Terms to know o Evidence based policing Use of social science studies on the nature of crime and effectiveness of past efforts when deploying police personnel and developing policy o Incident driven policing Calls for service are primary instigators of action o Reactive o Proactive Responding to crime committed Actively searching for potential offenders o Differential Response Patrol strategy that assigns priorities to calls for service and chooses the appropriate response CompStat Origin NYC Indianapolis Other cities of implementation Baltimore New Orleans Involves frequent meetings among police supervisors to examine detailed crime statistics for each precinct and develop immediate approaches and goals for problem solving and crime prevention Was not originally a software package DON T WORRY ABOUT 162 175 FOR THE MIDTERM 5 Types of Patrol Preventative Patrol o Kansas City Preventative Patrol Experiment o Preventative proactive patrol had no major effect on crime reported amount of crime or fear of crime Foot vs Motorized Patrol or more inhabitants o Foot and bicycle patrol are used in 90 of cities with 50 000 o Most patrolling is conducted in cars this increases amount of territory officers can patrol Aggressive Patrol o Broken Windows o Zero tolerance policing raids stings tracking parolees Community Policing o Community based crime prevention o Changing the focus of patrol activities to non emergency services o Making the police more accountable to the public o Decentralizing decision making to include residents Hot Spots o Spots where a great deal of crime occurs o Kopper Curve Wrap Up Terms o Excessive use of force o Police corruption o Evidence based policing o Reactive o Proactive o Incident drive policing o Differential response o Clearance rate Numbers of crime solved o Preventative patrol o Directed patrol o Aggressive patrol Topics o Influences of discretion o Two forms of abuse of power o Findings from NIJ report o Grass eaters v meat eaters o CompStat o Types of patrol and effectiveness Search and Seizure Plain view doctrine o Officers 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 be o Does not violate a reasonable expectation o Stops must be justified by reasonable suspicion o Articulate the facts Use of Force Fourth Amendment Tennessee v Garner o Fleeing felon rule threat Concept of Arrest o Necessary to prevent escape and suspect poses a significant Arrest must be supported by probable cause Reasonable conclusion that a person has committed a crime Warrants and Probable Cause Important elements o Existence of probable cause o Evidence is presented oath is taken potentially affidavit o Warrant must describe specific place to be search o Warrant must describe person items to be seized Warrantless Searches Special needs beyond the normal purposes of law enforcement o Metal detectors in airports o Border crossings o Ports o May be randomly selected for a search o Behavior answers arouse suspicion o Checkpoints o Cannot be randomly selected Stop and Frisk on the streets o Terry v Ohio 1968 Reasonable suspicion that suspect is armed and involved in criminal activity 8 criteria that define a legal stop and frisk AKA Terry Stops Search Incident to a Lawful Arrest o Chimel v California 1969 For weapons and evidence in the immediate vicinity of people who are lawfully arrested Exigent Circumstances o If public safety is threatened or evidence may be destroyed officers may search arrest or question without warrant o If a person consents to a search no probable cause or Consent suspicion must be met o Consent search Automobile Searches the windows met o Arrest of a driver o Officers may conduct a visible inspection of the car through o Cannot conduct an entire search unless specific factors are o Reasonable suspicion probable cause o Frisk the car Miranda Rules Miranda v Arizona Suspects must be told o They have the right to remain silent o If they decide to make a statement it can and will be used against them in court o They have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney o If they cannot afford an attorney the state will provide one o Only applies when suspect is in custody o Public safety exception Exclusionary Rule Illegally obtained evidence must be excluded from trial Mapp v Ohio 1961 2 exceptions to ER Good Faith Exception rules Inevitable Discovery o Officers acted with honest belief that they were following the o Improperly obtained evidence can be used when it would later have been inevitably discovered by the police Chapter 7 Points Adversarial Process Inquisitorial Process o Lawyers represent each side both presenting evidence o Judge takes active role in investigating examining and questioning during trial Jurisdiction o Geographic territory within which control may be exercised Wrap Up Terms o Reasonable expectation of privacy o Plain view doctrine o Stop o Reasonable suspicion o Probable cause o Affidavit o Exigent circumstances o Consent search o Public safety exception o Jurisdiction chapter 7 Topics o Search and seizure o Use of force o Arrest o Warrants and probable cause o Warrantless searches 6 o Miranda Rules o Exceptions o Adversarial v Inquisitorial Process chapter 7
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