FINAL CHYEEA Flashcards
Formal and informal socialization variables and how these shape the officer
Formal socialization in the academy…“Less a learning process and more a ritual hazing to be endured” (Moskos 21).
Informal socialization through interactions with superiors and coworkers on the job.
Civil Rights Act of 1964 & Title VII & Equal Employment Opportunity Act (EEOA) of 1972
CRA 1964: Prohibits all job discrimination based on gender, race, religion, sex.
EEOA 1972: puts more teeth into Title VII; says that organizations will have to recruit underrepresented persons. CRUCIAL for the change in diversity
How has the college degree affected policing? How many departments require degrees / how many officers have one?
Only 1% of departments require a degree.
55% of local officers had some secondary education (1989)
What is the educational generation gap?
In 1960s, 80% of all sworn officers had only high school education
By 1988, only 35% had high school degree only
By 1989, 55% of local officers had some college education
What are the six core beliefs of the policing subculture?
Police are the only real crime fighters.
Only the police understand police.
Loyalty to one another is paramount.
The “War on Crime” can only be won by bending a few rules.
The public doesn’t support the police.
Patrol work is the pits. Detective work is glamorous.
Violanti
Officers become “addicted to excitement and danger,” creating isolation from other “social roles.”
Westley
A culture stressing “secrecy and violence”; much of the way that police enforce the law on the street have to do with the use or threat or violence.
Secrecy = Loyalty – officers sometimes leave things out to protect coworkers
Public is an adversary
Skolnick
Work environment key source of socialization:
Sense of danger shapes officer’s “world view”
Selective and negative contacts with public feeds senses of suspicion and frustration
Shift work” gives officers an “after dark” orientation to the world
How are police affected by suicide and domestic violence?
suicide: 18 per 100,000 compared to 11
DV: NCWP found 40% of policing families experience DV
What are the stats and trends of officers being feloniously assaulted or killed on the job?
Very small, half of line-of-duty deaths are accidental or health-related.
Not in top ten list of deadly occupations.
Code of silence
Blue curtain
Blue wall
Informal code of loyalty.
“You kick some punk down the stairs in front of ten cops and you have ten friends…young officers tested one another…how much bad could you entrusted to see before you ratted on another cop?” (Michael Dowd to Mollen commission in 1993, see Lyman p. 223)
What are two forms of gender discrimination / harassment on the job?
Quid Pro Quo: Courts like to have “clear evidence” (quid pro quo) that harassment has occurred
Hostile work environment: Explicit calendars, leaving notes in locker, inappropriate jokes. Much more amorphous. Really hard to prove in court.
“The New Paradigm” in FBI’s response to terrorist/suspected terrorist activities
FBI IS NOW BOTH LAW ENFORCEMENT AND INTELLIGENCE AGENCY
removes “walls” thought to inhibit information sharing between intelligence and law enforcement agencies – these organizations can now share information and don’t have to worry about being sanctioned for it.
Revisions to FISA Act under Patriot Act
intelligence gathering can be “significant purpose” of FISA warrant rather than its “primary purpose”
Loophole allowed for building of criminal cases
Use of warantless searches of citizens allowed if one party in exchange is outside of US
Delayed notification of search warrants (find evidence now, get warrant later)
National Security Letters
written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited and more
Data Mining
the process of analyzing data from different perspectives and summarizing it into useful information
Domain Management
not sure. part of the patriot act.
Policing ethics and why these are important
Expected to exhibit a higher standard of behavior
Right to deprive people of their freedom
Rule of law, justice and fairness need to frame code of ethics
Costs of corruption
- Undermines integrity of system (lying and cheating)
- Undermines professionalism
- Costs financially through payments of bribes, costs of investigation and lawsuits;
- Undermines public confidence
Knapp Commission
Knapp Commission (NYC, 1970s) Much of it built on testimony of Frank
Serpico
Grass eaters vs. Meat eaters
There was some form of corruption within the entire agency
Meat eaters actively taking things from evidence room
Mollen Commission
Michael Dowd’s testimony on acts of excessive force to “test” an officers tolerance for corruption (Lyman: 233) – if you kick somebody down the stairs you have ten friends supporting you
Rampart scandal
Established community resources against street hoodlums aka CRASH. Officers armed with tool that gave them free reign to intervene in suspected gang behaviors.
o Allegations of drug planting and drug-taking.
o Rafael Perez testified against CRASH saying that gang unit acted as a gang itself. Initiation Srituals involving beating new officers. (YouTube – Rampart [The Real Rampart] Part 1)
Moral careers of corrupt officers
Sherman: conditions support corruption
corruption begins in small ways and is justified by citizen offenders
Theories of corruption & misconduct
Organizational
Rotten apples
Contextual
Fighting misconduct and corruption
A “Fourth Culture” Loyalty to Constitution and Citizenry before personal and occupational loyalties
Your service to the constitution / community is more important than the commitment to the officers you work with. If you see your partner do something wrong, you must not look the other way.
Officer Adrian Schoolcraft and his importance
Adrian Schoolcraft is a former New York City Police Department officer who secretly recorded police conversations from 2008 to 2009
Define excessive force
Excessive force is not subject to a precise definition, but it is generally beyond the force a reasonable and prudent law enforcement officer would use under the circumstances.
Police perceptions of force
22% of officers surveyed by Police Foundation said that officers use more force than necessary “sometimes, often or always”
Black officers versus white officers also said that police are more likely to use force against poor versus middle class people.
In the same study, 57% of black officers said ALL officers are more likely to use force against black citizens compared to whites in similar situations BUT only 5% of white officers agreed with this statement (p. 392 Walker and Katz, 2011).
Lawful standards for use of force
The police have to have a lawful right in order to use force against you.
If force is an individual rights issue, if you are a victim of excessive force, or force in general, this is a violation against your 4th amendment rights if the police go beyond what is reasonably necessary to gather evidence and take you into custody. “Terry is a frisk and not a search”, if a police officer walks up to you on the street and does a stop and frisk and don’t find anything, you do not have to stay and talk to the officer unless they have reason to keep you.
What is the relationship of force to 4th Amendment & individual rights
force is an individual rights issue, if you are a victim of excessive force, or force in general, this is a violation against your 4th amendment rights if the police go beyond what is reasonably necessary to gather evidence and take you into custody.
Use of force or “control” continuums and the ways these are used to structure reasonable policing responses to threats and resistance
Rooted in the logic of how a “reasonable officer” should respond given different threat levels
Permissible uses of force increase with threat level
The fleeting felon rule
At Common law, the Fleeing Felon Rule permits the use of force, including deadly force, against an individual who is suspected of a felony and is in clear flight
Definitions of “reasonable” employment of deadly force
Courts must use “standing in your shoes” standard to judge police actions and must look at the totality of circumstances:
- severity of crime
- immediate threat
- resisting or obstructing
Changing rates of African Americans shot and killed by police
ask al
Survey results on the different social groups and their opinions of the police
ask al
The profiling controversy
ask al
Findings of Lamberth’s study on profiling in relation to Wilkins V. Maryland settlement
ask al
Basic knowledge of why O.J. Simpson’s defense team charged the LAPD with racism
ask al
Types of local assistance provided by FBI
Criminal justice Information Service (CJIS) National Crime Information center (NCIC) Fingerprint and DNA Databases UCRs Crime analysis laboratories National Training Academy for Officers
Reasons for FBI beginnings
ask al
The Mann Act
made it a felony to engage in interstate or foreign commerce transport of “any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose”
The Dyer Act
enacted in 1919 to impede the interstate trafficking of stolen vehicles by organized thieves.
Lindbergh Law
intended to let federal authorities step in and pursue kidnappers once they had crossed state lines with their victim.
Espionage and Sedition Acts
espionage: intended to prohibit interference with military operations or recruitment, to prevent insubordination in the military, and to prevent the support of U.S. enemies during wartime.
sedition: prohibited many forms of speech, including “any disloyal, profane, scurrilous, or abusive language about the form of government of the United States…or the flag of the United States, or the uniform of the Army or Navy”
The Palmer Raids
The Palmer Raids were attempts by the United States Department of Justice to arrest and deport radical leftists, especially anarchists, from the United States. The raids and arrests occurred in November 1919 and January 1920 under the leadership of Attorney General A. Mitchell Palmer.
Though more than 500 foreign citizens were deported, including a number of prominent leftist leaders, Palmer’s efforts were largely frustrated by officials at the U.S. Department of Labor who had responsibility for deportations and who objected to Palmer’s methods. The Palmer Raids occurred in the larger context of the Red Scare, the term given to fear of and reaction against political radicals in the U.S. in the years immediately following World War I.
Harlan Stone and the “age of reform” in the 1920s
ask al
The “Detective Agency Model” and elements of professionalization introduced by Hoover
ask al
The 1930s, the “G-Man mythology,” & “public enemies”
ask al
The Smith Act (1940)
“Alien registration act”
set criminal penalties for advocating the overthrow of the U.S. government and required all non-citizen adult residents to register with the government.
McCarran Act of 1950
The Act required Communist organizations to register with the United States Attorney General and established the Subversive Activities Control Board to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a “totalitarian dictatorship,” either fascist or communist. Members of these groups could not become citizens and in some cases were prevented from entering or leaving the country.
Yates v. United States (1957) and its impact of enforcement of the Smith Act
a case decided by the Supreme Court of the United States that held that the First Amendment protected radical and reactionary speech, unless it posed a “clear and present danger.”
Yates did not rule the Smith Act unconstitutional, but limited its application to such a degree that it became nearly unenforceable
House UnAmerican Activities Committee (HUAC)
It was created in 1938 to investigate alleged disloyalty and subversive activities on the part of private citizens, public employees, and those organizations suspected of having Communist ties. In 1969, the House changed the committee’s name to “House Committee on Internal Security”. When the House abolished the committee in 1975,[1] its functions were transferred to the House Judiciary Committee.
The committee’s anti-Communist investigations are often confused with those of Senator Joseph McCarthy.[2] McCarthy, as a U.S. Senator, had no direct involvement with this House committee.[3] McCarthy was the Chairman of the Government Operations Committee and its Permanent Subcommittee on Investigations of the U.S. Senate, not the House.
COINTELPRO goals and tactics
program intended to investigate activities of domestic political groups critical of government. Group formed against communists, socialist worker’s party and “white hate” groups in the 1950s; Black Panthers, Students for Democratic Society and other groups in the 60s
primary tactic is infiltration
Black Panther Party and Fred Hampton
Hoover viewed the Panthers as #1 threat to US security; school breakfast program was “nefarious activity”
Lacked criminal evidence to indict members so instead sought to use frame-up and disinformation tactics to quell Panthers, settling on pretext of “raid” to assassinate Hampton, reminiscent of Dillinger killing.
Legal issue: people should only be arrested when they break the law
Findings of the Church and Pike Committees and their impact on counter-intelligence operations aimed at American citizens
Found 4th Amendment violations related to warrantless wiretaps
Found evidence of black bag jobs (burglaries, mail tampering)
Challenged Supreme Court Keith decision saying that the executive had authority to forgo due process considerations when there is “national security threat” *Goetz says very important (J-Jones 193-4).
Levi Guidelines
Levi Guidelines issued in 1976 designed to “pull back” the FBI
Intelligence gathering on political groups allowable but “scope and duration” limited to a “provable intent to commit violence or crime”.
AG to oversee cases that the FBI handles that relate to domestic intelligence
Agents have 90 days to substantiate allegations or the case is closed
Further “full” investigations must be based in “specific or articulable” facts presented in writing providing reason to believe that force or violence will be used by suspect(s) in violation of federal law.
Foreign Intelligence Surveillance Act and the use of FISA warrants
Federal Intelligence Surveillance Act enacted during Carter Administration in 1978
Allowed for “non-criminal electronic surveillances within the US” or the purpose of collecting foreign intelligence and/or foreign counterintelligence
Identified foreign powers and agents of foreign powers as the entities and persons that could be targeted for electronic surveillance
Articulated a PC standard
Established FISC – Foreign Intelligence Surveillance Courts decides whether FISA warrants are justified
Americans citizens may be targeted where links with foreign terrorists suspected
The Omnibus Crime Control & Safe Streets Act of 1968
legislation passed by the Congress of the United States that established the Law Enforcement Assistance Administration (LEAA). Title III of the Act set rules for obtaining wiretap orders in the United States. It had been started shortly after November 22, 1963 when evidence in the assassination of President John F. Kennedy increased public alertness to the relative lack of control over the sale and possession of guns in the United States.
RICO
in 1970 – revolutionary law to go against organized crime
Allowed for the use of wiretaps to investigate suspected violation of federal crimes
Criminalized the use of businesses to conduct illegal activities (use of fronts, laundering money, or committing illegal acts through otherwise normal business activities.
Focused on conspiracies to commit crimes instead of focusing on the illegal act itself. Opens up the ability for investigators to investigate things like arson without having to “catch the arsonist with the match in his hand”.
