Chapter 11: Internal Discipline Flashcards

1
Q

What are the categories of occupational deviance?

A

Nonfeasance. Failure to take appropriate action as required by law or department policy.

Misfeasance. Performing a required and lawful task in an unacceptable, inappropriate or unprofessional
manner.

Malfeasance. Wrongdoing or illegal conduct dependent on or related to the misuse of legitimate
authority.

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2
Q

What are the 5 institutional pre-conditions for crime?

A
  1. Wide Discretion
  2. Low managerial visibility
  3. Low public visibility.
  4. Peer group secrecy.
  5. Managerial secrecy.
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3
Q

What is the most effective way to fight deviance and corruption within the department?

A

Build a strong supervisory structure

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4
Q

The control of ______ is absolutely essential

A

Discretion

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5
Q

Policy created to control discretion for 5 reasons:

A

1 . Protect individual citizens from police misconduct.
2. Build community confidence in the police department.
3. Protect the integrity and reputation of the entire police force.
4. Protect the accused employee from unfounded or malicious allegations of occupational deviance.
5. Guarantee equal protection of the law and administrative due process to those accused of
misbehavior.

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6
Q

Supervisors must be proactive or reactive in investigating misconduct complaints?

A

Proactive

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7
Q

The departments personnel complaint investigation policy ____________________ be written to cover every possible contingency.

A

cannot and indeed, should not

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8
Q

More than ____ of municipal police agencies have fewer than _____ officers

A

80% ; 20

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9
Q

What are the 7 basis steps for investigation into serious personnel complaints?

A
  1. Determine nature and extent
  2. Internal investigation conducted to determine merit
  3. Logical conclusions drawn from evidence
  4. Alternative courses of action evaluated for possible disposition
  5. If corrective measures needed, they will be impartial, firm, fair and timely
  6. Precautions for admin due process and equal protection under laws
  7. Supervisors conduct a follow-up
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10
Q

What did the IACP say about social media?

A

should be mindful that their speech becomes part of the worldwide electronic domain

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11
Q

What are the 5 purposes of IAD?

A
  1. It ensures a professional image.
  2. It fosters confidence and trust between the public and its police department.
  3. It provides a mechanism for the public to seek redress for alleged acts of police misconduct.
  4. It ensures that policies exist to provide guidelines for internal affairs investigations.
  5. It ensures that members of the police agency know that a code of conduct exists and is
    enforced.
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12
Q

What should a supervisor be aware of regarding anonymous complaints?

A

The impact they have on the employees involved. Need to judge the complaint on its merits. Also the most serious and bizarre cases of misconduct have come from anonymous complaints

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13
Q

What is the antidote to suspicion and distrust?

A

Openess

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14
Q

How long should internal investigations take?

A

30 days

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15
Q

How can an investigator assess the validity of a complaints internal complaint?

A

Develop a complainant profile.

a thorough records check,
the profile should indicate
whether the complainant has had previous encounters with the police,
the nature of those incidents,
and that individual’s proclivity to file misconduct complaints

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16
Q

What are the 6 dispositions for IAD investigations according to the book?

A
  1. Sustained
  2. Not Sustained
  3. Exonerated
  4. Unfounded
  5. Misconduct not based on original complaint
  6. Policy Failure
17
Q

Who is the best person to assess accused officer job performance, conduct, and value as human resource?

A

Immediate supervisor

18
Q

What are the most common sanctions in serious misconduct cases?

A

separation from the police service, suspension, and loss of seniority in lieu of suspension.

19
Q

What are the 7 minimum requirements set out in Morrissey v. Brewer?

A
  1. written notice of charge
  2. disclosure of evidence
  3. chance to appear in person to present evidence/witnesses
  4. right to confront and examine witnesses
  5. impartial hearing before neutral admin body
  6. written statement by that body for reasoning
  7. Review of adverse dispositions
20
Q

Admin trial board for IAD investigation should be ____________

A

5 people. 4 chosen by chief and one by the employee

21
Q

What threshold do trial boards for IAD complaints operate under?

A

Preponderance of evidence - though its purely advisory

22
Q

What is the ombudsman with regards to the civilian review movement?

A

a government official who acts as a grievance commissioner with the authority to investigate all complaints of administrative abuse (does not just focus on police)

23
Q

For an employee identified by an EWS what form might help come in?

A

coaching, counseling, professional care, or referral to the department’s employee assistance program.

Meant to be help oriented, not punitive