Chapter 4 review Flashcards
What are the most recent supreme court decisions that had a significant impact on law enforcement and what are the facts of these cases?
1984 - Massachusetts V Sheppard & U.S. V Leon:
evidence obtained in good faith - illegally obtained by error was admissible
2001 - atwater V City of Largo Vista - 4th Amend. does not forbid warrantless arrest for minor criminal or traffic offense
Describe the three distinctive styles of law enforcement presented by james Q wilson:
Watchmen
legalistic
homogenous
what are the major difference between the strong mayor form of gov. and the city manager form of gov. as the relate to the app. of the police chief?
the relationship between chief and city manager are not as strong as app. by a strong mayor.
why can police chiefs not objectively and independently fulfill their responsibilities if they lack protection and often resist setting new goals and instituting org. change?
No contract protection - vision can jeopardize their job
police chief
removed by mayors in city managers
what are the two models of citizen oversight?
1) civilian review - board review - individual complaints
2) police auditors - monitor operations of police officer
what role do public interest organizations play in police accountability
attacking police misconduct
excessive force against african americans
describe some circumstances in which the police and the media might be in conflict
media feels they are not forethcoming - will reflect news as such
what were the facts of abner louima and amadou diallo cases as they relate to police brutality and political conflict w/ the community
tortured - sexually assaulted - biggest lawsuit & oversight (request for change)
briefly discuss the history of racial profiling in U.S.
1
what role should the local police play enforcing immigration laws in their communities?
1
Explain the significance of the u.s. supereme court decisions in each of the following cases Mapp V. Ohio: Gideon V. Wainwright Escobedo V. Illinois Miranda V. Arizona
Mapp - banned illegally seized evidence - unreasonable search and seizure (4th amendment) 1961
Gideon - 14th amendment to legal counsel app. to ll indigent defendants 1963
Escobedo - suspect in titled to confer with lawyer as soon as shift in investigation to accusatory 1964
Mirands - Requires officers to mirandize prior to questioning 1966
Some authorities believe that trends occurring from the 1960’s to the present have resulted in:
the partial nationalization of criminal justice
during the 1960’s the supreme court under the leader of Chief Justice Warren:
strengthened the rights of accused persons in criminal cases
The supreme court took an activist role during the period of ____ to ____. how did this change the role of the supreme court?
became a promulgator of the law instead of the interpreter.
1961-1966
Since Earl Warren’s Supreme court the court has become more ______.
conservative
The problem of the increase in crime came to the public through?
the media
Why did the supreme court’s role in the due process revolution take place?
Vacuum in which the police had failed to provide the necessary leadership
What did the Warren’s court provide?
necessary reform no matter how unpopular
What is Mapp v. Ohio?
court decision banned the use of illegally seized evidence in criminal cases in the states applied 4th Amendment - guarantee against unreasonable searches and seizures
Gideon V. Wainwright 1963
equal protection under the 14th amendment requires legal counsel appointed to all indigent defendants.
Miranda V. Arizona
required police officers, before questioning suspects, to inform them of their constitutional right to remain silent, right to an attorney, right to have an attorney appointed
Escobedo V. Illinois
decisions affirmed that a suspect is entitled to confer with an attorney as soon as focus shifts from investigation to suspect
Massachusetts v. Sheppard and U.S. V. Leon
evidence obtained by police acting in “good faith” even if it is found illegally seized because of an error committed by the judge or magistrate, is still admissible in court.
what case held that the exclusionary rule was designed to deter police misconduct rather than punish them for errors
U.S. V. Leon
The advocates of citizen oversight believe that
it serves to open up police departments, ending the historic isolation from the public
the negative term, politics is an internal partisan political influence what does it refer to?
attempts to impose external, partisan political influence on the operation of a department. “Governance of a city” “Science of the Polis”
caroll V. U.S
4th amendment does not forbid warrantless arrests for minor criminal or traffic offenses.
what is the legalistic style of L.E.
emphasizes maintenance of order and is found in economically declining cities with traditional political machines
what is a city manager:
local government claim it provides most conducive atmosphere in which professional L.E. can operate & minimize external interference
What roles are fairly consistent throughout u.s.
chief, legislative, policy making
what are the 2 models of citizen overisight?
civilian review board
police auditors
What is the basic rationale for the existence of organizations?
organizations do things that people are unwilling or unable to do alone
who benefits from a formal organizaion
police labor unions, businesses, service org, commonwealth org.
mutual benefit associations such as police labor unions, face crucial problems of
maintaining the internal democratic process that is providing for participation and control by their membership
The key issue for a police department and other types of commonweal organization is finding
a way to accommodate pressures from two different sources external democratic control and internal control
large numbers of officers at the lower level of the police department feel that they
want some voice in how the department operates
what is traditional organizational theory
organizations that are described as classical, mechanistic and closed systems which assume little influence from outside of the organization
What did the father of scientific management theory believe (Frederick Taylor)
all employees will be guided in their actions by what is in their own economic self interest
authority was based not on position in a hierarchy but rather on knowledge
functional supervision meant that people were responsible for directing certain tasks despite the fact that this requirement meant the authority of supervisor might cut across organizational lines
supervision approach - trust to do task -
exception principle
webers bureaucratic model included
the organization of officers follow principle of hierarchy/lower office under control by supervision of a higher one
webers bureaucratic model rested on what he called a rational legal authority
rests on the legal basis for the existence of the department
The benchmark publication of administrative or management theory that sought to identify generic or universal methods of administration was written by
Luther Gulick (1892-1993) LYNDALL URWICK (1891-1983)
Henry Fayol, a key contributor to the adminstrative or management theory espoused which of the following
a division of work known as specialization
scalar chain, referred to as chain of command
initiative at all levels of the organization representing a great source of productivity
Bureaucratic model
stifles personal growth, system hopelessly out dated
POSDCORB
Planning, organizing, staffing, directing, coordinating, reporting, budgeting
who stated that, “rigid enforcement of rules can become dysfunctional thus creating a bureaucratic virtuoso.”
Robert Merton
Who was considered the father of Human relations
Elton Mayo
Hawthorn study
demonstrated that women behaved differently from what was expected of them because they were receiving attention
The Knapp commission in 1972 dealt with
an investigation into the corruption of the new york city police department.
what are the three stems of traditional organizational theory
1-scientific method
2-bureaucratic theory
3-administrative theory
Police managers have more control over motivators then they do over
hygiene factors
Maslow’s need hierarchy and herzberg’s motivation - hygiene teory can be interrelated
physiological, safety, and love and belongingness needs of maslow correspond to herzbergs hygiene factors, the top two levels of the needs hierarchy - esteem and self actualization correlate with herzberg’s motivators
what analysis is the driving force that pushes for a new condition and restraining forces resist the change
force field analysis
_____ recognizes that everything beyond their boundary - structure is part of their environment
open systems
What is RDT
resource dependency theory - all agencies must get the resources they need to operate from the larger environment, creating resource dependency
_______ have relationships that often arrive spontaneously out of special needs and may be temporary
virtual org.
______ is how we process our experience and what we do with them
sense making org.
What is Bifurcation
flash point when chaos overwhelms normal conditions in agency and compels the use of innovative efforts and alliances to restore stability in community
