SOPP CHAPTER 10 Flashcards
- ___ is often thought of in limited sense as meaning punishment or penalty, a negative connotation
discipline
- One of the primary measures on the level of discipline within the police force is the ___.
orderliness with which it operates
- The principal responsibility for maintaining an appropriate level of discipline in his unit should rest on the ____, and he is responsible for enforcing obedience to organizational rules even though he may not personally favor them.
immediate line supervisors
- If the supervisor refuses or neglects to consider complaints against his subordinates, if he fails to investigate their delinquencies that are called to his attention, or if he fails to take proper action when they are derelict in their duties or unprofessional in their conduct, supervisors not only are _____.
supervisors are not only doing themselves a disservice, but are doing an injustice to the organization and other employees as well.
- The ability to maintain a high level of discipline is probably the single most important characteristic of a ____.
strong leader
- The word discipline comes from the root word “disciple” which denotes on who receives instructions from another or who ___.
follows devotedly the expressions and actions of a respected leader
- That form of training and attitudinal conditioning used to correct deficiencies without invoking punishment is known as ____.
positive discipline
- Sherman and Lucia define ___ as a systematic approach designated to instruct or guide employees in such a way that they become loyal, dedicated, responsible, and productive members of the organization.
discipline
- A well-disciplined organization is one that is ____.
highly trained
- It follows that an effective, efficient organization is a ___ in which the principles of positive discipline have been recognized and practiced.
well disciplined one
- If supervisors are thoroughly indoctrinated in their responsibilities; if they are expert planners, trainers, and leaders; if they assist their subordinates by demonstrating, guiding, and counseling; and if they set a good example by their conduct, _____ will prevail and the need for ____ will be lessened.
positive discipline
punitive discipline
- Punishment for well-intentioned mistakes will quickly remove officers’ enthusiasm to employ creativity and extra effort; police department must have reasonable tolerance for “____” though not for “___.”
mistakes of the head
mistakes of the heart
- Discipline that takes the form of punishment or chastisement is known as ____.
negative discipline
- When positive methods fail to achieve conformity with accepted standards of conduct or performance, a ____ must follow to preserve the integrity of the organization.
negative type of action
- Delpo and Guerin describe ___ as a system of escalated penalties made known to employees in advance and imposed with increasing severity for repeated infractions; normally such a system includes the following: ___x4.
progressive discipline
oral warning
written warning
disciplinary layoff or suspension
discharge
- Often, loss of ___x3 when permitted by the rules is preferable to outright suspension with full loss of pay because the employee’s family is not made to suffer financially for the officer’s derelictions.
loss of regular days off
annual leave
accumulated compensatory time
- Use of these punitive forms of discipline should be reserved for the ____ who has not been amenable to other, more positive methods.
unadjusted, discontented nonconformist
- ___ then, is the first step in the process of either changing his behavior or removing him from the organization for the good of the service.
punishment
- Although punishment may produce some undesirable effects, it must be administered at times because no alternative method of ___.
coping with a problem of misbehavior is appropriate
- The threat of punishment and the fear it creates may be less effective in changing behavior than are the more positive methods of____.
motivating people
- If the primary focus of negative sanctions for derelictions is on behavior control rather than on training, some personnel may concentrate on ___.
avoiding bad behavior rather than doing good
- All police departments should have some type of system in place to ___.
monitor the behavior and performance of their officers
- The New Jersey Attorney General’s Officer recommends that police agencies use certain data to help identify the problem performer: x 14.
Motor vehicle stop data
Search and seizure data
Internal complaints, regardless of outcome
Civil actions filed, regardless of outcome
Incidents of force usage, including firearms discharges and use of less lethal non-deadly force
Claims of duty-related injury
Arrests for resisting arrest
Arrests for assault on a law enforcement officer
Criminal investigations or complaints made against the officer
Incidents of arrested persons injured
Vehicular pursuits
Vehicular accidents
Cases rejected or dismissed by the prosecutor
Evidence suppressed by the court
- As potential problem officers are identified, the information is passed along the ____.
individual’s immediate supervisors
- While punishing an employee does not guarantee that his future conduct or performance will improve, it will not demoralize others in the organization if it is ___.
sensibly applied in a fair consistent manner
- To be most effective, punishment for even the mildest of infractions ____.
must be certain
- The fear that misconduct will certainly be discovered and inevitably punished in one way or another is a powerful ___.
deterrent force for individuals
- ____ not only must be certain but also must be meted out as swiftly as possible after detection and proof of the wrongdoing it is to be most effective
punishment
- Interminable delays in making necessary investigations and administering penalties while the superiors of the derelict employee mull over the matter only serve to embitter the employee involved because anticipation of what might or could happen is often _____-procrastination is a strong stressor in the job environment.
more traumatic than penalty itself
- ___ will seldom have the desired constructive effects when finally applied if it is too far removed in time from the conduct that brought it about.
punishment
- When the supervisor is confronted with a need for disciplinary action against an employee , ________
they should not hesitate to administer it
- In cases where criminal charges are to be made against an employee, ordinarily disciplinary action contemplated should be held in abeyance ____.
pending resolution of these charges to avoid prejudicing that person unduly in court
- When ___ is taken against a derelict employee, it will seldom have the desired effect if it is not fairly and impartially administered.
punitive action
- ___is a simple approach, but not a positive one, since often the supervisor can more easily punish a person for doing a poor job than show him how to do it properly.
punishing a subordinate
- ___that is intemperately or unfairly applied will be resented by employees more than when it is overly severe.
punishment
- The wise supervisor knows that he himself may bear some responsibility for many of the derelictions of his subordinates because of his failure to _____.
communicate clearly with them or train them properly
- The wise supervisor will recognize that reprimanding or punishing a subordinate for a minor deviation often will ____.
serve no useful purpose
- The supervisor who finds it necessary to take corrective action against a subordinate should do so only after he has made every effort to determine if the dereliction was a ____.
mistake of the head or a mistake of the heart
- ____ for similar breaches of conduct should be somewhat uniform, providing such derelictions occur under like conditions.
punitive action
- Overly severe or excessively lenient penalties may cause a reaction from employees ___.
just the opposite to that intended by the supervisor
- ____ should not only serve as a deterrent to the employee against who it is applied but also be a form of training for other employees to orient them to the types of acts the organization cannot and will not tolerate.
punitive action
- ___ is a primary requisite in the establishment of an effective disciplinary program.
telling employees what is expected of them
- Plaintiffs in civil action suits against police officers can ordinarily obtain information regarding an officer’s course of conduct through ___.
discovery proceedings
- Subordinates can exercise a form of ___ against their supervisor just as he can against them.
discipline
- ___ is a state of mind reflecting the degree to which an individual has confidence in the members of his group and in the organization, believes in its objectives and desires to accomplish them.
morale
- ___ is a fluctuating condition existing within individuals and in groups.
morale
- ___, like morale, involves the existence of a sense of common endeavor and responsibility within the group.
esprit de corps
- High morale is usually accompanied by a high level of discipline and esprit de corps; neither a high level of morale nor esprit de corps commonly accompanies a poorly administered ____.
disciplinary program
- A common belief exists among a large segment of the public that a ___ cannot be fired.
civil service employee
- Experience indicates that management is generally upheld by reviewing tribunals upon appeal by employees who have been punished for ____.
breaches of discipline in the public service
- It is true that many ____ often feel that hey, not the derelict employee, are on trial when they are called on to testify in administrative proceedings and are required to support the action taken against the defending employee.
supervisors
- Invariably, the poorly prepared case, carelessly investigated and lacking in documentation, reflects adversely not only on the supervisor who investigated it but also on ____.
the organization if it based punitive action on it
- To be sure, the prestige of management and the confidence of its employees will be lowered by each reversal of a ____ it has made.
disciplinary judgement
- The supervisor whose case has not been sustained frequently becomes reluctant to take further action against the same or another delinquent employee because of the failure; as a result, his ___.
entire unit he directs is lowered
- In those agencies where excessively liberal rules have been enacted by overzealous civil service commissions or legislators to protect employee interests, ____and contend with defending their case against him on appeal.
supervisors will often tolerate substandard employees rather than remove them
- ___ will dictate the procedure to be followed in receiving and disposing of complaints against personnel.
organization policy
- ____ will adhere to affirm policy of inquiring into each and every complaint made concerning the misconduct of personnel, with perhaps two exceptions.
progressive organizations
- Complaints against ____ followed by the organization are not usually handled as personnel complaints, nor are those allegations too trivial to dignify as true complaints of misconduct that justify a full investigation (such as the complaint of a citizen that he saw an officer wearing his uniform hat at an improper angle).
official procedures
- The primary objectives in the administration of an effective personnel complaint investigation policy are to ___x3.
protect the integrity and reputation of the force
protect the public interest
protect the accused employee from unjust accusation
- ___ in an organization will be fostered if it demonstrates its willingness to accept complaints against its personnel forthrightly and to give them prompt attention.
public confidence
- Protection of the public interest is an equally important objective of a ___.
progressive complaint investigation policy
- Insistent demands for police review boards and like procedures rarely originate and gain momentum in a community served by a force that has gained public confidence because it has given evidence of its desire to ___.
police itself and has recognized that it is the best interest of the public and the agency to rid itself of unfit or derelict personnel
- It is also of great importance that the ____ act as an effective protection for the employee against unjust accusations of misconduct.
complaint investigation policy
- In many jurisdictions, public entities (agencies of state, country, and local government) have been traditionally immune from ___ resulting from wrongful acts by their employees.
civil liability
- ___ have always been liable for their own negligent or wrongful acts and have been liable for compensatory as well as exemplary (or punitive) damages.
public employees
- Under the doctrine of _____ a public entity is liable for the wrongful acts or omissions of its employees who are acting within the scope of their employment.
respondeat superior
- ____which is defined as Liability that a supervisory party (employer) bears for the actionable conduct of a subordinate or associate (employee) because of the relationship between the two parties.
vicarious liability
- The ___ doctrine of the past, wherein as a practical matter, it was useless to sue a person with empty pockets no longer applies, since the treasury of a public agency may now be exposed to civil suit for the wrongful deeds of its employees.
empty pockets
- If the employee abuses the position given to him by the state and deprives another of a constitutional right, the conduct may be actionable in state courts as well as under the ____.
civil rights act in federal court
- The supervisor should also be mindful that a criminal act depriving a person of a constitution right or a death proximately resulting from police action ultimately might involve action under ____.
section 1983 of the federal civil rights act
- Allegations are being raised with increasing frequency that the improper ____ by the officer was a proximate result of lack of training and / or supervision to a degree that constitutes “gross neglect” or “deliberate indifference” of the supervisor and / or the employing agency to the plaintiff’s rights
use of force
- ___ may be imposed on a supervisor in his individual capacity for his own culpable action or inaction in the training, supervision, or control of his subordinates.
liability
- Under the theory of _____, a supervisor and/or agency might also be liable for “indifference” to the retention of an employee who is known to be or should have been known to be unfit for the job.
negligent retention
- Employers and supervisors also may incur liability if they deprive an employee of some federally guaranteed ___.
due process right
- An officer can now go to the federal courts and seek monetary damages and/or injunctive relief against an employer and a supervisor at any stage of ____ when it is determined that such a right has been denied him.
disciplinary proceedings
- Courts have held employers liable for damages for denying an employee the right to notice and hearing to clear his name from stigma arising from ____, even when he holds his job at the pleasure of his employer.
public disclosure of the discharge
- Should a death result from police action and a coroner’s inquest is to be held to determine the cause of death, the investigating supervisor should make a ___.
formal request for a transcript of the proceedings