Final Exam

Question 1

Individual Influences

Answer 1

Biological Factors

Learning Theories

Kohlberg’s Moral Stage Theory

Question 2

Ethical Climate and Organizational Justice

Answer 2

•Research explores the ability to measure the “ethical climate” of an organization.
•Leadership, reward structure, and organizational messages affect climate.

Question 3

Three basic ethical orientations:

Answer 3

1.Egoism
2.Benevolence
3.Principle

Question 4

Societal and Cultural Influences

Answer 4

•Organizational culture is subject to external influences.
•External influences are both objective (e.g., laws and regulations that constrain the organization), and normative (public belief systems).

Question 5

Reasons Why People Do Not Perform As They Should

Answer 5

1. They do not know what they are supposed to do.
2. They don’t know how to do it.
3. They do not know why they should do it.
4. There are too many obstacles.

Question 6

Leadership Defined:

Answer 6

Leadership is when a person influences others to accomplish given objectives and directs an organization in such a way that makes it more cohesive and consistent.

Question 7

What Leadership is Not

Answer 7

LEADERSHIP IS NOT A STRAGEGY

LEADERSHIP IS NOT POWER

LEADERSHIP IS NOT SUPERVISION

Question 8

Three Ways to Explain How Someone Becomes a Leader

Answer 8

Trait Theory

Great Events Theory

Transformational Leadership Theory

Question 9

Integrity can be demonstrated in a number of ways:

Answer 9

●Do what you say you will do.
●Never divulge information given to you in confidence by superiors, fellow officers or trainees.
●Accept responsibility for your mistakes.
●Never become involved in a falsehood or lie.
●Avoid accepting gifts or gratuities from inside or outside your agency.
●Be a model of ethical behavior.

Question 10

Crime Fighter or Public Servant?

Answer 10

•Crime fighting
•Public service

Question 11

Packer’s Crime Control Model:

Answer 11

1.Repression of criminal conduct is most important function.
2.Failure of law enforcement means breakdown of order.
3.Criminal process is positive guarantor of social freedom.
4.Efficiency is a top priority.
5.Emphasis is on speed and finality.

Question 12

The three eras of American policing.

Answer 12

The political era

The reform era

The community era

Question 13

•Klockars describes police control as consisting of:

Answer 13

Authority
Power
Persuasion
Force
Discretion

Question 14

Discretion:

Answer 14

The authority to make a decision between two or more choices

Question 15

Duty:

Answer 15

Required behavior or action, that is, the responsibilities that are attached to a specific role

Question 16

Discrimination

Answer 16

Occurs when a discretionary decision-maker treats a group or individual differently from others for no justifiable reason:

•Sexual orientation
•Race
•National origin
•Poor
•Other?

Question 17

A Racial Divide

Answer 17

•Complaints correlated positively to the percentage of minorities in the population

•Some reports indicate lower-class African Americans and Hispanics have higher negative interactions with police.

•Residents (both black and white) are initially disrespectful to police 3x as often as police are initially disrespectful to residents.

Question 18

Racial Profiling

Answer 18

•Occurs when an officer uses a “profile” to stop a driver, usually to obtain a consent to search for a vehicle.

•Minorities are highly targeted based on the assumption that they are more likely to commit criminal acts.

Question 19

Police Shootings of Blacks

Answer 19

•Black men are disproportionately the victims of police shootings.

•Blacks are disproportionately involved in violent crime.

•Blacks are disproportionately more likely to assault police officers.

•Police officers may perceive blacks as a greater threat.

Question 20

Factors in the Use of Force

Answer 20

•Excessive force occurs in less than one percent of interactions with public

•Use of force occurs in 1.3 to 2.5 percent of all encounters

•Friedrich’s 1980 study:
1.Characteristics of the target
2.Situational characteristics
3.Characteristics of the officers
4.Psychological traits

Question 21

Use of Tasers (CEDs)

Answer 21

•The TASER is one type of CED (conducted energy device)

•Proponents argue that Tasers:
–Result in fewer injuries to officers and combatants
–Reduce the need for lethal force
–Are safe in the vast majority of cases

•A police officer could be held liable when a CED is used on a person who poses no immediate threat.

•Departmental policies determines acceptable Taser use.

Question 22

Responses to Uses of Force

Answer 22

•In most use of forces incidents, officers are not indicted or charged.

•The perception that police shootings are increasing recently is not necessarily true.

•Officers may not be criminally charged, but might still face discipline for violating policy.

Question 23

Use of force continuum

Answer 23

1. Officer presence 2. Verbal commands 3. Hard techniques 4. Deadly force

Question 24

Legal definition Force:

Answer 24

Power, violence, compulsion or constraint exerted upon or against a person or thing.

Question 25

The Use of Informants

Answer 25

•Individuals who are not police officers but assist police by providing information about criminal activity.

•They are:
–Motivated by monetary profit, revenge, dementia, kicks, a need for attention, repentance (guilt), and coercion.
–Able to operate under fewer restrictions than police.

Question 26

Reactive Investigations

Answer 26

•Attempts to reconstruct a crime after it occurs.

•Consists of gathering evidence to identify and prosecute the offender.

•Investigator(s) may develop early prejudice about likely perpetrator, which might cause them to:
–be tempted to engage in noble-cause corruption to obtain a conviction;
–ignore or conceal evidence that contradicts their beliefs;
–overstate existing evidence; and/or
–manufacture or alter evidence.

Question 27

Interrogation

Answer 27

•Cannot involve physical force (the “third degree”)

•Techniques of deception:
–Calling an interrogation an “interview”
–Negating the effectiveness of the Miranda warnings
–Misrepresenting the seriousness of the offense
–Manipulative appeals to suspect’s conscience
–Leniency promises beyond interrogator’s power
–Interrogator misrepresenting his/her identity
–Using fabricated evidence

Question 28

Economic Corruption

Answer 28

•Officers using their position to acquire unfair benefits

•Corruption has been described as “acting on opportunities, created by one’s authority, for personal gain at the expense of the public one is authorized to serve.”

Question 29

consent decree:

Answer 29

A legal agreement between the Justice Department and a police department whereby the police department agrees to perform specified activities and submit to monitoring to ensure that the department meets the terms of the agreement to avoid a lawsuit.

Question 30

racial profiling:

Answer 30

Basing a decision solely on the race/ethnicity of the other party (i.e., to stop and question or to conduct a traffic stop).

Question 31

informants:

Answer 31

Civilians who are used to obtain information about criminal activity and/or participate in it so evidence can be obtained for an arrest.

Question 32

entrapment:

Answer 32

When an otherwise innocent person commits an illegal act because of police encouragement or enticement.

Question 33

Gratuities

Answer 33

•Items of value given because of role or position, rather than personal relationship.

•A gift is personal and has no strings attached.

•Common police gratuities include:
–Free coffee
–Discounted or free meals
–Half-price dry cleaning

Question 34

Graft

Answer 34

•Graft refers to any exploitation of one’s role, such as accepting bribes or protection money.
–Examples include taking bribes for changing testimony or “forgetting,” looking the other way when discovering an illegal act, or taking kickbacks from a lawyer or tow truck company for sending them business.

•Officers in the United States rated bribery as the second most serious offense. Only theft from a crime scene was rated as more serious.

Question 35

Constitutional Restrictions on Compulsory Self-Incrimination

Answer 35

–Fourth Amendment
–Compulsory production of physical evidence
–The government must have grounds for the initial seizure and for any further invasion of privacy or bodily integrity that forced submission to the procedure entails

–Fifth Amendment
–Compelled testimony
–The government is prohibited from compelling suspects to disclose knowledge of their criminal activity

Question 36

Degrees of Fifth Amendment Protection

Answer 36

The right to remain silent at any and all times.

Question 37

Compulsion

Answer 37

Occurs when disclosure is obtained under threat of a serious consequence

Question 38

Testimony

Answer 38

Words or actions that reveal something the person knows

Question 39

Self-incrimination

Answer 39

Disclosure exposes the maker to a risk of criminal prosecution

Question 40

Compulsion and the Subpoena

Answer 40

•The normal manner in which our legal system compels testimony is by issuing a subpoena:
–Court order to appear and testify
–Failure to comply results in being held in contempt
–The Fifth Amendment does not protect existing self-incriminating records and documents that the accused prepared voluntarily.
–The prosecutor may use a subpoena (duces tecum) to compel production unless the act of production has self-incriminating communicative aspects in its own right.

Question 41

Absolute immunity

Answer 41

Bars the government from prosecuting the witness for crimes revealed through compelled testimony
Self-incrimination is no longer possible

Question 42

Use immunity

Answer 42

Bars the government from using the compelled testimony and its fruits as evidence in any prosecution it later brings
The government retains the right to prosecute, but must prove that all evidence it uses was derived independently of compelled testimony

Question 43

Due process-

Answer 43

provides rules and procedures to ensure fairness to an individual and to prevent arbitrary government actions.

–The 5th and 14th Amendments constitutionally guarantee the right of an accused to hear the charges against him or her and to be heard by the court having jurisdiction over the matter.

Question 44

Procedural and substantive due process

Answer 44

Procedural and substantive due process work to ensure to everyone the fairness of the law under the Constitution.

Question 45

Voluntariness of Confessions

Answer 45

•The Courts have identified two factors in assessing the voluntariness of a confession:

1.The police conduct involved.

2.The characteristics of the accused.

Question 46

What are some conduct that violates due process?

Answer 46

–Threats of violence
–Confinement under shockingly nhumane conditions
–Interrogation after lengthy, unnecessary delays in obtaining a statement between arrest and presentment before a neutral magistrate
–Continued interrogation of an injured and depressed suspect in a hospital intensive-care unit
–Deprivations of food, drink and sleep

Question 47

Characteristics of the Accused

Answer 47

•Factors such as the defendant’s:
–Age
–Education
–Intelligence level
–Mental illness
–Physical condition
•Will be considered in determining whether a confession was voluntary.
•If it has not been coerced, then the confession is presumed to have been voluntary.

Question 48

Waiver of the Privilege

Answer 48

•A waiver occurs when a witness voluntarily answers incriminating questions without invoking the privilege.

•Criminal defendants who take the witness stand waive the privilege concerning matters about which they testify. They retain the right to invoke the Fifth Amendment if cross-examined about other matters.

Question 49

Adverse Inferences from Taking the Fifth Amendment

Answer 49

•Judges and prosecutors are barred from commenting that a defendant’s failure to testify at his criminal trial or sentencing proceeding or silence during a custodial interrogation furnishes evidence of guilt.

•This protection is not available in civil cases, parole revocation hearings, police disciplinary actions, or any other proceedings.

Question 50

Appearance Evidence

Answer 50

–Derives from bodily characteristics that are routinely displayed to the public
–Examples:
–Photographs
–Fingerprints
–Footprints
–Body measurements
–Voice and handwriting exemplars
–Field sobriety tests
–Lineups and showups
–Allowed whenever police have grounds for arrest.

Question 51

Bodily Evidence

Answer 51

–Physical evidence obtained by (1) inspecting private parts of the anatomy, (2) penetrating below the body surface, or (3) removing bodily fluids or tissue.
–Examples
–X-rays
–Strip searches and body cavity searches
–Taking body tissue and fluids for forensic analysis
–Governed by framework established in Schmerber v. California

Question 52

Schmerber v. California

Answer 52

–Established the modern framework for evaluating the constitutionality of highly intrusive bodily searches
–Factors considered:

–Reasonableness of compelling subject to submit to procedure
–Probability that desired evidence will be found
–Whether a search warrant is obtained
–Whether the procedure is reasonable and is performed in a reasonable manner

Question 53

Procedures Requiring a Warrant

Answer 53

•Unless confronted with an emergency that could result in the destruction of evidence, a warrant should be obtained before performing procedures that involve:
–taking of bodily tissues or fluids
–penetration of body surface
–manual probing of rectal or vaginal cavities
–significant pain or discomfort
–danger to health
–extreme humiliation or shame

Question 54

Exigent Circumstances

Answer 54

•The exigent circumstances exception allows the police to conduct a warrantless search when they have grounds for a search and probable cause to believe that the evidence will be destroyed if they delay action to obtain a warrant.

•Courts have applied this exception to:
–Swabbing residues left on the skin
–Reaching into a suspect’s mouth to prevent evidence from being swallowed
–Taking blood, breath, or urine samples to tests for alcohol intoxication

Question 55

Strip and Body Cavity Searches

Answer 55

–Investigative strip search

–Police must have reasonable suspicion that a search will turn up drugs, weapons, criminal evidence, or contraband
–Must be conducted by an officer of the same gender in a location where the search cannot be observed by others

–Detention facility intake strip search
–The interest in ensuring jail security and preventing introduction of drugs and weapons is sufficient to permit routine strip searches of all persons booked into the facility, even for misdemeanor offenses and traffic violations. Florence v. Board of Chosen Freeholders
–Body cavity search
–Must comply with the requirements established in Schmerber v. California
–Ohio law: Requires that a search warrant (established by probable cause) must be obtained and that the cavity search must be performed by a medical processional in sanitary (clinical) environment by a person of the same sex.

Question 56

Ethical Issues for Defense Attorneys

Answer 56

•Defense attorneys are often in the position of defending clients they know are guilty.
•A lawyer is supposed to assist clients without regard for personal preference or interest.
•People with unpopular causes and individuals who are obviously guilty still deserve counsel.
•It is the ethical duty of an attorney to provide such counsel.

Question 57

Attorneys cannot abandon their clients unless:

Answer 57

–the legal action is for harassment or malicious purposes,
–continued employment will result in violation of a disciplinary rule,
–discharged by a client, or
–a mental or physical condition renders effective counsel impossible.

Question 58

Specialty Courts

Answer 58

•A more recent issue has emerged with the rise of specialty courts.
•Most common are drug courts.
•In such courts, defense attorneys, prosecutors, and judges take on quite different roles from the more typical adversary approach in regular criminal courts.
•Defense attorney appears almost redundant since the court’s goal is to do what is best for the client/defendant.
•Meekins (2007) argues that defense attorneys face sensitive and serious ethical challenges in such courts.
•Tendency for defense attorneys to influence clients to accept treatment where the client has to plead guilty in order to obtain treatment.

Question 59

Conflicts of Interest

Answer 59

•Attorneys must not represent clients whose interests conflict with those of the attorney.
•Attorneys must not represent two clients with opposing interests.
•If a heavy caseload compels an attorney to advise his or her client to accept a plea bargain instead of going to trial, has the attorney violated prohibitions against conflict of interest?

Question 60

Plea Bargaining

Answer 60

•The vast majority of cases in the criminal justice system are settled by a plea bargain, an exchange of a guilty plea for a reduced charge or sentence.
•The defense attorney’s goal in plea bargaining is to get the best possible deal for the defendant.
•The defense attorney is aware that he or she cannot aggressively push every case without endangering an ongoing relationship with the prosecutor.

Question 61

Zealous Defense

Answer 61

•Defense counsel must zealously defend client, but not commit unethical acts to do so. Counsel may not:

–engage in motions or actions to intentionally and maliciously harm others,
–knowingly advance unwarranted claims or defenses,
–conceal or fail to disclose that which he or she is required by law to reveal,
–knowingly use perjured testimony or false evidence,
–knowingly make a false statement of law or fact,
–participate in the creation or preservation of evidence when he or she knows or it is obvious that the evidence is false,
–counsel the client in conduct that is illegal, or
–engage in other illegal conduct.
•Aggressive advocacy sometimes involves the use of ethically questionable tactics.

Question 62

Confidentiality

Answer 62

•Attorney-client privilege prevents compelling attorneys to disclose confidential information about their clients.
•Exceptions that permit revealing confidences include:
–When clients consent
–When required by law or a court
–To defend against an accusation of wrongful conduct
–To prevent clients from committing crime or fraud
–To prevent, mitigate, or rectify financial injury to another

Question 63

Ethical Issues for Prosecutors

Answer 63

•Must seek justice, not convictions
•Have discretion to charge or not charge defendants—one of the most important decisions in the criminal justice process
•The decision to charge:
–May be influenced by politics
–Is especially sensitive in capital cases

Question 64

CSI and the Courts

Answer 64

•Popular television programs suggest that scientific methods are infallible in solving crimes.
•But serious questions arise over laboratory management practices, the veracity of technician testimony, and the very nature of the “sciences” involved:
–Hair analysis: a highly suspect field
–Arson investigation: recent findings conflict with established beliefs
–Ballistics testing: lead comparison analysis debunked
–DNA testing: an evidentiary minefield
–Fingerprint analysis: estimated to yield false positives in up to one quarter of all comparisons
–Bite mark comparisons: cannot be reliably measured
–Scent identification: dogs cannot be reliably assessed

Question 65

Jailhouse Informants

Answer 65

•Jailhouse informants usually testify that a defendant confessed to them or said something that was incriminating.
•Often the “pay” for such testimony is a reduction in charges, but it could be reduced sentencing or being sent to a particular prison, or any other thing of value to the informant. It could even be money.
•Research shows that even though jailhouse informant testimony is highly questionable, it is highly effective.

Question 66

Conflict of Interest

Answer 66

•Recusal is necessary when a judge has a financial interest in the case, but also when disability, bias, or relationship to the parties might influence the judgment or give the appearance of impropriety.
•Under federal rules, judges must recuse themselves even if there is no bias but a reasonable observer might question the impartiality of the judge.
•Judges make that determination themselves when a party files a recusal motion.
•Judges can ethically only recuse themselves for just cause, not because of any other reason (such as the case is a political minefield)

Question 67

Use of Discretion

Answer 67

•Sentencing raises unique ethical issues.
•Is there a single acceptable punishment for a certain type of offense or offender?
•Does justice depend on community opinion of the crime, the criminal, and the proposed punishment?
•Sentencing inconsistencies occur between individual judges in the same community.
•Controversy and recent court decisions regarding sentencing guidelines illustrates importance of judicial role in preserving due process.