Chapter 6 Flashcards
List and explain the three factors that affect whether or not to use discretion.
The type of crime committed: The more serious a crime, the more likely the officer will use his or her legal powers to enforce the law. Minor crimes may receive a warning only.
The attitude of the citizen: If a person is highly disrespectful towards the police, chances are the officer may arrest or lay a charge, as long as the person committed an offence.
Departmental policy: Reduced tolerance or zero tolerance policies can limit the amount of discretion used by police.
Define discretion
The individual decision making and choice to influence the operations of the criminal justice system.
List the three elements of discretion.
Deciding whether or not to get involved in the first place
Deciding how to behave in a particular incident
Selecting from various alternatives
What is a disadvantage to society when police use discretion
It can create unfairness or inequality in the criminal justice system. A police officer can treat people differently even though they may have committed the same offence.
Explain what situation variables could be present to affect a police officer’s decision to arrest someone.
Situation variables include things like the location of the offence. Police are more likely to arrest someone in public than in private settings. Police are more likely to arrest someone if members of the public or members of the police service are present as well. The seriousness of the crime is a situation factor as is the strength of the evidence the police may have against the offender or suspect. Other situation variables include if the victim requests an arrest to be made, the relationship between the victim and the offender, the attitude or demeanour of the offender, and the characteristics of the neighbourhood.
Explain what community variables could be present to affect a police officer’s decision to arrest someone.
Community variables include things like the racial and social makeup of the community. Police are more likely to arrest someone where violent crimes are more likely to occur and where residents are more likely to challenge police authority. As well, the perception of danger can have an impact on a police officer’s decision to arrest someone.
Identify factors considered to be extralegal factors.
Extralegal factors include the offender’s specific gender, race, age, social class, and even the sexual orientation of the victim or offender.
The police subculture consists of six (6) basic values. List and describe them.
Police are the only real crime fighters - the public wants the police officer to fight crime. Other agencies, both private and public, only play at crime fighting.
No one else understands the real nature of police work - lawyers, academics, politicians, and the public in general have little concept of what it means to be a police officer.
Loyalty to colleagues counts above everything else - police officers have to stick together because everyone is out to get the police and make the job more difficult.
It is impossible to win the war against crime without bending the rules - courts have awarded criminal defendants too many rights.
Members of the public are basically unsupportive and unreasonably demanding - people are quick to criticize the police unless they themselves need police help.
Patrol work is the pits - detective work is glamorous and exciting.
What are some potential negative effects of the police subculture?
It may be the reason why police resist new innovative ideas such as community policing. It could support misconduct and does not support any police accountability. Also, the subculture could create a “blue curtain” atmosphere which separates the police from the society it is to protect.
Explain what is meant by the police developing the police personality.
The police personality is a unique set of personality traits that help the police deal with the aspects of their work. This can be very positive as it helps the police deal and cope with the stresses of the job. On the negative side, it can create cynicism, rigidity, hostility, and conservatism.
Explain cynicism and identify its effects.
Cynicism is rejecting the ideals of truth and justice. Cynicism involves being motivated entirely by self-interest and being pessimistic about human behaviour. If cynicism becomes deep-rooted, it can lead to increased police misconduct, corruption, and brutality.
When does cynicism begin, and when does it peak, during an officer’s career?
According to a study with new recruits, cynicism starts to develop right away. It can reach its peak at around 7-10 years of service. After this time, it begins to decrease.
What is one measure discussed in the text to screen out undesirables who want to become police officers?
Higher education is sometimes used to weed out undesirable people in policing.
Identify some of the values or benefits of higher education in policing.
Higher education benefits law enforcement officers by instilling a more professional demeanour and performance and by enabling them to cope better with stress. Police officers with higher education show more initiative and professionalism when performing their tasks and receive few public complaints.
Define police misconduct.
Police officer activities that are inconsistent with the officer’s legal authority, organizational authority, and standards of ethical conduct.
