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Policing by Mind Map: Policing

1. Use of Force

1.1. police may use legitimate force to do their job

1.2. excessive use of force

1.2.1. applications of force against individuals that either violate departmental policy, the constitution, or the level of force permissible/necessary in a given situation

1.2.2. FOURTH AMENDMENT PROBLEM

1.3. Tennessee v. Garner

1.3.1. police may not use deadly force on a fleeing felon unless it is necessary to prevent escape and the officer has probable cause to believe that the suspect poses significant threat of death or serious physical injury to the officer or others

2. Investigation

2.1. detectives

2.1.1. investigate crimes that have already occurred by questioning witnesses and gathering evidence

2.2. apprehension

2.2.1. detection of crime

2.2.2. preliminary investigatoin

2.2.2.1. may be followed by clearance and arrest

2.2.3. follow up investigation

3. Police Subculture

3.1. The working personality

3.1.1. threat of danger

3.1.1.1. officers have to be on edge and aware of people's behavioral cues

3.1.1.2. a seemingly safe situation can turn dangerous quickly

3.1.2. need to maintain authority

3.1.2.1. need to establish authority through their actions

3.2. Police morality

3.2.1. Steve Herbert

3.2.1.1. contradiction between wanting to prevent crime and inability to do so

3.2.1.2. officers feel they must use their discretion to handle situations that do not strictly follow procedures

3.2.1.3. they act against at least one citizen's interest

3.3. Police Isolation

3.3.1. May increase when they believe public is hostile to them

3.4. Job Stress

3.4.1. External stress

3.4.2. organizational stress

3.4.2.1. nature of work; adjustment to irregular work hours

3.4.3. personal stress

3.4.4. operational stress

3.4.4.1. total effect of dealing with criminals; being lied to very often

4. Who are the Police?

4.1. Recruitment

4.1.1. must meet a number of requirements

4.1.2. law enforcement certification

4.1.2.1. preservice training required by sworn officers in many states

4.2. Changing profile of the police

4.2.1. minority police officers

4.2.1.1. increasing

4.2.2. women on the force

4.2.2.1. increasing

4.3. Training

4.3.1. Academy

4.3.2. formal training

4.3.2.1. demands social skills that can't be learned from a lecture or book

4.3.2.1.1. socialization

5. Police Policy

5.1. watchman style

5.1.1. stresses order maintenance

5.1.2. tolerates minor violations of the law as officers use discretion to handle small infractions

5.2. legalistic style

5.2.1. emphasizes strict enforcement of laws and reduces officers' authority to handle matters informally

5.3. service style

5.3.1. officers cater to citizens' desire for favorable treatment and sensitivity to individual situations by using their discretion to handle minor offenses in ways other than punishment

6. Abuse of Power

6.1. corruption

6.1.1. grass eaters

6.1.1.1. officers who accept payoffs that the routines of policework bring their way

6.1.1.2. are not actively seeking corrutption

6.1.2. meat eaters

6.1.2.1. actively use power for personal gain

6.2. favoritism

6.3. discrimination

6.4. failure to carry out duties properly

7. Delivery of Police Services

7.1. Police response

7.1.1. mainly reactive (as opposed to proactive)

7.1.1.1. respond to calls for sercive

7.1.2. incident-driven policing

7.1.2.1. policing in which calls for service are the primary instigators of action

7.1.3. differential response

7.1.3.1. assigns priorities to calls for service and chooses appropriate response

7.2. Productivity

7.2.1. CompStat

7.2.1.1. involves frequent meetings among police supervisors to examine crime statistics and develop approaches for crime prevention

7.2.2. clearance rate

7.2.2.1. percentage of crimes known to police that they believe they have solved

7.2.3. can sometimes be measured by number of traffic citations, parking tickets, stop-and-frisks

7.2.3.1. how do we use these as accurate productivity measures when police are given a certain quota?

8. Legal Limitations on Police Investigations

8.1. Search and seizure

8.1.1. search

8.1.1.1. action by law enforcement that intrudes one a persons reasonable expectation of privacy

8.1.2. reasonable expectation of privacy

8.1.2.1. standard developed by courts for determining whether a government intrusion into a person's property constitutes a search

8.1.3. plain view doctrine

8.1.3.1. officers may examine and use evidence without a warrant that is in open view at a location where they are legally permitted to be

8.1.4. Seizures

8.1.4.1. situations in which police officers use their authority to deprive people of their liberty or property and that must not be unreasonable

8.1.5. stop

8.1.5.1. brief interference with a persons freedom of movement that can usually be measured in minutes (normally under an hour)

8.1.5.1.1. Rodriguez v. US

8.1.6. reasonable suspicion

8.1.6.1. a police officer's belief based on facts that criminal activity is afoot and necessitates further investigation

8.2. Concept of Arrest

8.2.1. must be supported by probable cause

8.2.1.1. reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime

8.3. Warrants and probable cause

8.3.1. can you grant a warrant based purely on the word of police officers?

8.3.2. if the police make errors seeking warrants or conducting searches the evidence could be deemed not usable in cort

8.3.3. evidence must be presented to the judicial officer and be supported by oath or affirmation

8.3.3.1. affadavit

8.3.3.1.1. written statement confirmed by oath or affirmation

8.3.4. warrant must describe the person or items to be seized

8.3.4.1. police cannot search a small drawer if they are seizing a person

9. Warrantless Searches

9.1. Exclusionary Rule

9.1.1. Evidence obtained in illegal ways cannot be used as evidence in court

9.1.1.1. exceptions

9.1.1.1.1. good faith

9.1.1.1.2. inevitable discovery

9.2. Special needs beyond normal purposes of law enforcement

9.2.1. border crossings

9.2.2. airlines

9.2.3. checkpoints

9.3. Stop and Frisks

9.3.1. Terry v. Ohio

9.3.1.1. legal stop and frisk consists of

9.3.1.1.1. police officer observes unusual conduct which leads him to reasonably conclude that criminal activity may be afoot

9.3.1.1.2. the person/people officer is dealing with may be armed and dangerous

9.3.1.1.3. identifies himself as a policeman

9.3.1.1.4. makes reasonable inquiries

9.3.1.1.5. if none of the above ease his suspicion, he is entitled for the protection of himself and others to conduct a carefully limited search in attempt to discover weapons

9.4. Search incident to lawful arrest

9.4.1. Chimel v. California

9.4.1.1. officers may search arrestees for weapons and evidence that the arrestee may destroy before they are able to get a warrant

9.4.1.1.1. able to search arrestee and area around the arrestee

9.5. Exigent Circumstances

9.5.1. officers can make arrests without a warrant when there is an urgent situation in which they must act quickly and they do not have time to obtain a warrant

9.5.2. can be used to enter buildings if there is an altercation or something of the sort going on inside

9.5.2.1. plain view doctrine when officer enters premises

9.5.3. Cupp v. Murphy

9.5.3.1. blood under fingernails when being questioned by wifes murder

9.5.3.1.1. did not need a warrant to obtain evidence because it would or could have been gone by the time they got a warrant

9.6. Search by consent

9.6.1. consent of person owning property

9.6.2. police officers believe they have consent of the person who owns the property

9.7. Automobile searches

9.7.1. only reasonable suspicion or probable cause constitute enough for vehicle search

9.7.2. do not need a warrant because they are mobile and differ greatly from other properties

9.7.3. can search passengers if there is reason to believe they are carrying unlawful substances or weapons

10. Miranda Rules

10.1. Miranda warnings must be read aloud before questioning of suspect can begin

10.1.1. right to remain silent

10.1.1.1. if a suspect chooses to remain silent he or she has to state that they are exerting their right to do so

10.1.2. statements can and will be used against them

10.1.3. right to an attorney

10.1.4. if they cannot afford an attorney one will be provided

10.2. apply only to custodial interrogations

10.2.1. someone has been taken into police custody

10.3. public safety exception

10.3.1. if public safety would be jeopardized police can immediately question without informing of rights

10.4. consequences of Miranda

10.4.1. officers may ask questions before arrest occurs

10.4.2. interrogation techniques used to encourage suspects to talk

10.4.3. permitted to use deception

11. This would connect to the Module 1 map in the police section; essentially everything on THIS map would be attached to the police subsection of Module 1

12. Policing in the US

12.1. Colonial Era & Early Republic

12.1.1. East coast: colonists adopted English customs

12.1.1.1. Boston's watch system

12.1.1.1.1. warned of dangers

12.1.1.1.2. each male citizen was required to be a member

12.1.1.1.3. paid members could be hired as replacements

12.1.2. South: slave patrols served as organized forces to prevent slave revolt and catch runaway slaves

12.1.3. violent riots, ethnic conflicts, mob actions

12.1.3.1. contributed to fear that stable democracy would collapse

12.1.3.1.1. helped encourage creation of professional police force

12.2. Professional Model Era

12.2.1. influenced by progressive movement

12.2.1.1. two goals

12.2.1.1.1. more efficient government

12.2.1.1.2. more government services

12.2.1.2. "The police have to get out of politics, and politics has to get out of police"

12.2.2. six elements

12.2.2.1. members should be well trained, disciplined, and organized

12.2.2.2. laws should be enforced equally

12.2.2.3. the force should use new technology

12.2.2.4. the force should stay out of politics

12.2.2.5. personnel procedures should be based on merit

12.2.2.6. main task of police should be fighting crime

12.3. Community Policing Era (Current)

12.3.1. greater emphasis put on keeping order and providing services to community rather than fighting crime

12.3.2. police should work more on "little problems"

12.3.3. community policing

12.3.3.1. approach to policing that emphasized close personal contact between police and citizens and the inclusion of citizens in effort to solve problems

12.3.4. problem-oriented policing

12.3.4.1. community policing strategy that emphasizes solving problems of disorder in a neighborhood that may contribute to crime and fear of crime

12.3.5. Office of Community Oriented Policing Services (COPS Office)

12.3.5.1. provides grants for hiring new officers and developing community policing programs

12.4. Evidence based Policing?

12.4.1. Emphasis on homeland security has grown with intelligence led policing

12.4.1.1. Interpol

12.4.1.1.1. priority crime areas

12.4.2. intelligence led policing

12.4.2.1. emphasizes gathering and analyzing information to be shared among agencies in order to develop cooperative efforts to identify, prevent, and solve problems

13. Law Enforcement Agencies

13.1. County Agencies

13.1.1. Sheriff's departments

13.1.1.1. well organized in south and west

13.1.1.2. responsible for policing rural areas

13.2. State Agencies

13.2.1. regulate traffic on main highways

13.2.2. provide law enforcement services in rural areas

13.2.3. operate in areas where no other form of police protection exists or where local officers ask for help

13.3. Municipal Agencies

13.3.1. police departments of cities and towns

13.3.2. have general law enforcement authority

13.4. Native American Tribal Police

13.4.1. Native American Tribes are separate nations with the power to enforce their own tribal laws on everyone in their lands

13.5. Special Jurisdiction

13.5.1. University police

13.5.2. conservation officers

13.5.3. mass transit systems

13.6. Federal Agencies

13.6.1. FBI

13.6.1.1. has the power to investigate all federal crimes not placed under the jurisdiction of other agencies

13.6.1.2. Special agents

13.6.1.2.1. sworn law enforcement officers in the FBI who conduct investigations and make arrests

13.6.1.3. Priorities of the FBI

13.6.1.3.1. Protect US from terrorist attacks

13.6.1.3.2. Protect US from foreign intelligence operations and espionage

13.6.1.3.3. protect US from cyber attacks and high-technology crimes

13.6.1.3.4. combat public corruption

13.6.1.3.5. protect civil rights

13.6.1.3.6. combat transnational and national criminal organizations and enterprises

14. Development of Police

14.1. English Roots

14.1.1. local control

14.1.2. limited authority

14.1.2.1. powers and duties limited by laws

14.1.3. fragmented organization

14.1.3.1. FBI

14.1.3.2. Sheriff

14.1.3.3. city police

14.1.4. frankpledge system

14.1.4.1. required groups of families to uphold the law

14.1.5. Sir Robert Peel

14.1.5.1. Four part mandate of police

14.1.5.1.1. prevent crime without using repressive force and avoid having to call on the military

14.1.5.1.2. maintain public order by nonviolent means

14.1.5.1.3. reduce conflict between police and public

14.1.5.1.4. show efficiency through the absence of crime rather than police actions

14.2. Political Era

14.2.1. close ties between police and politics

14.2.1.1. police helped gain vote for favored candidate

14.2.1.2. sheriff

14.2.1.2.1. one of the first official positions

14.2.1.2.2. elected

14.2.1.3. US marshals

14.2.1.3.1. federal law enforcement officers originally used to handle duties in western territories

14.2.1.3.2. today they are responsible for providing federal court security and apprehending fugitives

14.2.2. police became public servants as well as crime control officers

15. Police Functions

15.1. Order maintenance

15.1.1. prevent behavior that disturbs the peace or involves face to face conflict

15.2. law enforcement

15.3. service

15.3.1. providing assistance to the public for matters unrelated to crime

15.4. implementing the mandate

15.4.1. crime prevention over arrests

15.4.2. cooperation and assistance of community members is crucial to the effectiveness of the police

16. Organization of the police

16.1. Bureaucratic elements

16.1.1. division of labor

16.1.1.1. Administrative Division

16.1.1.1.1. administrative services; police academy/training

16.1.1.2. Operations Bureau

16.1.1.2.1. patrol units

16.1.1.2.2. community response division

16.1.1.3. Special Operations Bureau

16.1.1.3.1. criminal investigations

16.1.1.3.2. special services

16.1.1.4. Chief of Police

16.2. Chain and unity of command

16.2.1. military character illustrated by ranks

16.3. Operational units

16.4. Police Bureaucracy

16.4.1. police are the gateway through which information and individuals enter the criminal justice system

16.4.2. police administration is influenced by the fact that the outcome of a case is largely in others' hands

16.4.3. police officers are expected to observe rules and follow orders of superiors while also making discretionary judgments

16.4.4. organization and operation of the police are affected by economic conditions and budget pressures

17. Action of the Police

17.1. encounters between police and citizens

17.1.1. police must have the public's confidence

17.1.2. people's contact with police may shape their perceptions of police

17.1.2.1. may affect willingness to cooperate

17.1.2.1.1. fear

17.1.2.1.2. self-interest

17.2. police discretion

17.2.1. make wise choices in in varying situations about how and when to apply the law

17.2.1.1. nature of the crime

17.2.1.2. relationship between alleged criminal and victim

17.2.1.3. relationship between police and alleged criminal or victim

17.2.1.4. demographics

17.2.1.4.1. not supposed to be a factor but often is

17.2.1.5. departmental policy

18. Civic accountability

18.1. Internal Affairs units

18.1.1. branch of police department that receives and investigates complaints alleging violations of rules and policies by officers

18.2. Civilian Review Boards

18.2.1. citizens' committee formed to investigate complaints against police

18.2.2. do not have power to investigate or discipline individual officers

18.3. Standards of Accreditation

18.3.1. Commission of Accreditation for Law Enforcement Agencies (CALEA)

18.3.1.1. develop standards for police policies and practice

18.3.1.2. review police agencies and award accreditation if they meet standards

18.4. Civil Liability Lawsuits

18.4.1. can increase police accountability

19. Patrol Functions

19.1. Patrol

19.1.1. sworn officers

19.1.1.1. taken an oath and received power to make arrests and use necessary force when called for

19.1.1.2. Three primary functions

19.1.1.2.1. answering calls for help

19.1.1.2.2. maintaining a police presence

19.1.1.2.3. probing suspicious circumstances

19.1.2. Partol assignment

19.1.2.1. preventative patrol

19.1.2.1.1. many departments shifting focus to serving the public

19.1.2.2. HotSpots

19.1.2.2.1. directed patrol: assigning resources to well known high crime areas

19.1.2.3. foot patrol

19.1.2.3.1. officers stay close to daily life of neighborhood

19.1.2.4. motorized patrol

19.1.2.5. aggressive patrol

19.1.2.5.1. maximize police activity in the community

19.2. Special Operations

19.2.1. Traffic

19.2.2. vice

19.2.2.1. often involves use of undercover agents

19.2.3. juvenile

19.2.4. SWAT

19.2.5. regular patrol officers deal with these issues on a daily basis as well

19.3. Special populations

19.3.1. increasing number of "problem" people on the streets

19.3.2. police must know how to intervene given circumstances

19.4. Multicultural society

19.4.1. bias and stereotypes can affect officer decisions

20. Security Management and Private Policing

20.1. causes of increase in private policing and security management

20.1.1. increase of crime in workplace

20.1.2. increase in fear of crime

20.1.3. budget issues for police departments

20.1.4. increased public and business awareness and use of more cost-effective private security services

20.2. Functions

20.2.1. security systems and emergency response plans

20.2.2. police chiefs, fire chiefs, emergency management, computer security

20.2.3. may conduct investigations

20.3. Private employment of police officers

20.3.1. department contract model

20.3.1.1. firms must apply to department and department assigns officers to them

20.3.2. officer contract model

20.3.2.1. allows each officer to find off-duty employment and enter a direct relationship with private firm

20.3.3. union brokerage model

20.3.3.1. police union finds off-duty employment for its members

20.3.4. Potential problems

20.3.4.1. if an off-duty officer acts in a manner that the public would not approve of; the association to police department is still there

21. New Topic