Section 3 Flashcards
Community Policing
-History of Policing
~Community Era
*Goals
**Public Involvement
**Return to Peel’s Principles
Problem-Oriented Policing (POP)
-1980’s
~Herman Goldstein (University of Wisconsin)
-Professional Model/Standard Model of Policing
~Ineffectient and reactive
-Simple patrol and high arrests
~Not effective in crime reduction and public satisfaction
-Premise
~Crime is not random
~Crime is caused by underlying causes/ criminogenic areas
~Police should address the source of problems, not just react to it
*Police should ask: “Why is this happening?”
-Goals
Problem-Oriented Policing (POP)
-1980’s
~Herman Goldstein (University of Wisconsin)
-Professional Model/Standard Model of Policing
~Ineffectient and reactive
-Simple patrol and high arrests
~Not effective in crime reduction and public satisfaction
-Premise
~Crime is not random
~Crime is caused by underlying causes/ criminogenic areas
~Police should address the source of problems, not just react to it
*Police should ask: “Why is this happening?”
-Goals
~Reduce repeat calls for service or incidents
*RPD approximately 400 calls/day
*Provide problem-solving tools to officers
~Involve the community in problem-solving
*Police cannot do it all alone
*Community has a stake in the solution too
~ULTIMATE GOAL:
*Focus on one crime = Reduce three (or more)
**DIffusion of Benefits
-Interrelatedness of crime
~Disorder + small crimes = larger crimes
Adopting/ Implementing POP
-Should be a department-wide strategy
-A paradigm shift from the old police model
-Assessment is key
-Need to welcome “out of box” ideas
-Cultural shift in police department
Problem-Oriented Policing
-The SARA Model
-The Problem Analysis Triangle
The SARA Model
-Overview
~Scanning
Hierarchical list of problems in area/beat.neighborhood
**Involves diverse views of areas and people living in it
**Drugs are not always the worst problem
*Identify the consequences of a problem for both the community and the police
~Analysis
*Who, What, When, Where, and How of the problem at hand
*Understand dynamics surrounding the problem
*Identify possible explanations of why the problem is occurring
*DATA! DATA! DATA!
*For Prostitution:
**Calls for service
**Beat officer
**School Principals
**Business Owners
**Motel owners
**Pimps
**Other prostitutes
**“Johns”
**Emergency room staff
**Homeless shelters
**Convenience stores
**Sanitation workers
**Wives/Family
**Etc…
~Response
*Intervention created from the results of an analysis
**“Out of Box” solution
**Avoid typical police responses
**Brainstorm as to possible solutions
**Include stakeholders
*IMPLEMENTATION IS KEY
~Assessment
*Evaluate response
*Did implementation follow the response plan?
*Were intended results achieved?
*Adjust if necessary
-Conclusion
~Overall goals
*Work with the community to prevent problems
*Reduce repeat police problems
*Rely on “evidence-based” practices
~More cost-effective/ Increased officer autonomy and ownership of the beat
~If successful, can be applied to other/ similar situations
Problem Analysis Triangle
-Three elements for crime to occur
~Offender
*Repeat Victimization
*Routine Activities
*Victim Precipitation
~Victim
*Few Offenders = Majority of Crimes
*Routine Activities
*Rational Choice Model
~Location
*Crimiongenic Areas
*Hot Spots
-Visualize problem
-Understand the relationship of crime
-PROACTIVE POLICING IN ACTION
-Handlers
~Control Offenders
-Managers
~Controls Places
-Guardians
~Protect targets/victims
Crime Prevention
-Heart of community and problem-oriented policing
~CRIME PREVENTION
*Much more time and cost-effective
*“How can we prevent crime?”
CPTED
-Problem
-Problem-Oriented Policing
-SARA Model
-CPTED
~After the environment of the problem
CPTED
-“Proper design and effective use of the environment that can lead to a reduction in the fear and incidence of crime, and an improvement in the quality of life.”
-Three Principles
~Natural access control
~Natural surveillance
~Territoraial reinforcement
CPTED
-Information needed for planning
-Crime-analysis information
~Demographic
~Land use information
~Resident information
CPTED
-Example
-Motorcycle theft
-Car theft
-Drunk driving
-ATm Vandalism
-Credit card Fraud
-Any crime
-Ticket scalping/theft
-Homeless in bathrooms
-Smoking. snorting pills
-Helmet laws
-Alarms. Keyless ignition
-Alcohol sensors in the steering wheel
-Cameras in machines
-Chip in card
-Increased lighting
-Bar codes on tickets
-Key card for access
-Pills gumming up when tampered with
Repeat Victimization
-More attention on criminal offenders than victims
-Research = police would benefit from knowing more about victims; play major role in crime prevention and analysis
-Want to know where crime will occur next…?
-Look at what happened last!
~Use as a formal crime-prevention effort
~Best single predictor routinely available to police
~Examples:
*Burglary
*Sexual incidents
*Assaults/threats
*Vehicle vandalism
Smart Policing
-Emphasis on data and analytics
-Improved crime analysis, performance measurement, and evaluation research
-Known as Smart Policing Initiative (SPI)
~Research partnership with Bureau of Justice Assistance (BJA)
Compstat
-Comparative or Computer Statistics (CompStat)
-Collective and feedback on information on crime
-Introduced 1994 New York City Police Department
-58% large agencies adopted or planed to implement CompStat-like program
CompStat
-Key Elements
-Specific objectives
-Accurate and timely intelligence
-Effective tactics
-Rapid deployment of personnel and resources
-Relentless follow-up and assessment
CompStat
-1990’s
-NYPD/ East Coast
-Data analysis to assessment efficiency
-Problem of poor crime reporting to show the effectiveness
Rule of Law
-“No person, government official or government entity is above the law… no law , or doesn’t conform with fairness
-In terms of policing, officers need to follow procedures and the law.
~Otherwise violation of social contact
~Also illegal
-Tension between the role of the police
~Crime Control or Due Process?
-When in doubt, look to the constitution, the laws of the land, and to proper procedures.
-In policing, ends do not justify means
~Need for regulation
The Police
-Democratic government = little value if police can do whatever they want
-Constitutional Amendments
~Regulate police and prevent abuse of power
*4th Amendment
*5th Amendment
*6th Amendment
The Forth Amendment
-The right of the people to be secure in their persons, houses, papers, and effects, against UNREASONABLE SEARCHES AND SEIZURES, shall not be violated, and no warrants shall issue, but upon PROBLEM CAUSE, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
-Any police-initiated contact infringes on liberty
~PROBABLE CAUSE
*Reason for arrest or search
~Protection from “unreasonable” search and seizure
-Rule of Law = protections from police intrusions
Probable Cause
-Do police have reason to detain or search you?
~They witnessed a crime
~They have information you have or may have committed a crime
Exclusionary Rule
-Any evidence not collected within rules of law, or without PROBABLE CAUSES has to be excluded in court
-“Fruits of the poisonous tree” doctrine
~ANY evidence gathered after an illegal search will by excluded
-Mapp v. Ohio
Exclusionary Rule
-Exceptions
-Public safety exception
-Inevitability of discovery
-Police error
Arrests
-A restriction on the right of the police to arrest is the hallmark of a free society
-Arrest with warrant
-Warrantless arrest
~Traffic stops
*DUI checkpoints
~DHS 100 mile border checkpoints
~Drug checkpoints
Search and Seizures
-Supreme Court continuously reviews law
-Questions:
~Did you or do you have an expectation of privacy?
~When does a seizure begin?
~At what point are you being searched?
-Grey areas
~”Working the bus”
~Canine searches
~Warrants for blood tests
Warrantless Searches
-Searches incidental to lawful arrest
-Searches during field interrogation
-Searches of automobiles under special conditions
-Seizures of evidence in plain view
~Searches when consent is given
Searches Incidental to Lawful Arrest
-US v. Robinson (1973)
~Legal arrest and in police custody = full and reasonable search
-Chimel v. CA (1969)
~Searches limited to areas within arrestee’s immediate control
-Protective sweeps
-Cell phones
Searches During Field Interrogation
-Terry v. Ohio (1968)
~Stop and frisk
~Racial profiling
Searched of Automobiles Under Special Conditions
-Carroll v. US (1925)
~Two Rules:
*Probable cause
*Urgent circumstances
-Impounded vehicles
-Traffic stops
Seizures of Evidence in Plain View and When Consent is Given
-Viewed during a lawful stop, search, or entry
~ Don’t have to ignore plain-view items
~Includes homes, cars, open fields, yards, etc.
-Consent = waive 4th Amendment right
~Must be voluntary; cannot be “tricked”
~Home search consent
The Fifth Amendment
-No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; NOR SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF, NOT BY DEPRIVED OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; not shall private property by taken for public use, without just compensation
-Right against self-incrimination
-“Pleading the Fifth”
~Indication of guilt?
~Basic right of democracy?
-Cannot by compelled to answer any question(s) that can later be used to implicate or convict ones self
Confessions
-Traditionally, U.S. Supreme Court excludes coerced confessions
~Untrustworthy or unreliable
~Quality of police work
-Both physical and psychological pressure can be used
~Psychological examples
*Notification of rights
*Court Cases
**Escobedo v. Illinois (1964)
**Miranda v. Arizona (1966)
-No notification of constitutional rights = inadmissible in court
-“Guiding hand of counsel”
Miranda Rights
-Miranda v. Arizona (1966)
~Not informed of rights
~No counsel present
-Miranda Warning
~”YOu have the right to remain silent. Anything you say can and will be used against you in a court of law. YOu have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
-The Supreme Court requires that a person is told about:
~Right to silence
~Right to a lawyer (including a public defender)
~Ability to waive their Miranda rights
~What they tell investigators under questioning, even after their detention, can be used in court
-Once under arrest, Miranda warning MUST be given before interrogation (felony or misdemeanor)
~Exception = brief traffic stop
~DUI
-“Mirandized” Suspect
~Invoke right to counsel
~Timing
~Maryland v. Shatzer (2010)
Decisions Modifying Miranda
-Admissible
~Voluntary statements
~Minor to serious crimes
~Written v. oral statements
~Miranda warning wording
~Confirming Miranda with questioning
~Silence does NOT invoke Miranda
Entrapment
-5th Amendment requires “fundamental fairness”
-Police cannot encourage crime
~Homeless impersonation
-Durgs
~Reno S.E.T
-Government conduct and predisposition to crime
-Police cannot “originate a criminal design, implant in an innocent’s mind the disposition to commit a criminal act, and then induce commission of the crime”
The 6th Amendment
-In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, AND TO HAVE ASSISTANCE OF COUNSEL FOR HIS DEFENSE
-Right to Counsel
~Powell v. Alabama (1932)
~Gideon v. Wainwright (1963)
*Arsinger v. Hamlin (1973)
~Escobedo v. Illinois (1964)
*Miranda Rights
Interrogations
-Not only direct questioning
-Remarks that appeal to suspect
-Should only occur without attorney if right to counsel waived
-Special circumstances
Expanding Rights
-Due Process
~Right to cross-examine evidence
-Immigrants
~Right to know if pleading guilty will lead to deportation
Police Accountability
-Substantive
~”What”
-Procedural
~”How”
Views of Crime
-Crime Control
-Public Servant
Crime Control
-Public is enemy
-War attitude
-Militaristic
-Problem:
~Police have little impact on crime
-Not all public is criminal
-Poor Community Relations
-Utilitarian Forcus
~Problem = Can Justify Any Act and use of force
-Born out of Professional Era
Public Servant
-Service is key
-Focus on community
-Police is a tool, not the end result
-Police = more of a liaison to services
-Still crime reduction, but not main focus
-Less might, more right
October 1957
-The IACP adopted the Law Enforcement Code of Ethics at the 64th Annual IACP Conference and Exposition. The Code of Ethics stands as a preface to the mission and commitment law enforcement agencies make to the public they serve
Police Code of Ethics
-As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception; the weak against oppression or intimidation; and the peaceful against violence or disorder; and to respect the
Constitutional rights of all men to liberty, equality, and justice.
-I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in my thought and deed in both personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever
I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duties.
-I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear
or favor, malice or ill-will, never employing unnecessary force or violence, and never accepting gratuities.
-I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession
– law enforcement.
IACP Code of Ethics
-Fairness
-Service
-Rule of Law
-Personal Behavior
Police Accountability
-Technology
-Internal
-External
Internal
-Internal Affairs
~”Division of a law enforcement agency that investigates incidents and possible suspicions of law-breaking and professional misconduct attributed to police officers.”
-Use of Force Policies
~National Institute of Justice (NIJ)
*Differs agency to agency
External
-Civilian Review Boards
~”A municipal body composed of citizen representatives charged with the investigation of complaints by members of the public concerning misconduct by police officers”
*NIJ Citizen Review of Police
-Policy Makers
~Local government impacts policing
Technology
-Cameras
~Dashboard and Body Cameras
~Transparency
-GPS
~Provides evidence of whereabouts
