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Chapter 6: Policing and the Law
Terms in this set (23)
LO1: List Manning's assumptions create by American patrol officers that define the police subculture
1) People cannot be trusted; they are dangerous
2) Experience is better than abstract rules
3) You must make people respect you
4) Everyone hates a cop
5) The legal system is untrustworthy; police officers make the best decisions about guilt or innocence
6) People who are not controlled will break laws
7) Police officers must appear respectful and be efficient
8) Police officers can most accurately identify crime and criminals
9) The major jobs of the policeman are to prevent crime and to enforce laws
10) Stronger punishment will deter criminals from repeating their errors
LO2: Describe the problem of projecting an unrealistic image of the nature of law enforcement to the public
The flawed portrayal of policing becomes the standard by which the police are evaluated. Unable to live up to this idealized image, the police are forced to construct "appearances." These appearances result in what can be called "goal displacement," in which the police concentrate on presenting themselves as crime-fighters as opposed to public servants.
LO3: Discuss Wilson's three styles of policing
The styles of policing are the watchman style, legalistic style, and service style.
Watchman Style: distinguishes between two mandates of policing (order maintenance and law enforcement)
Legalistic Style: requires little discretion and concentrates on enforcing the law by writing more tickets, making more arrests, and encouraging victims to sign complaints.
Service Style: shares characteristics with the other two styles but is concerned primarily with service to the community and citizens. Like legalistic, it treats all law violations seriously but the frequent result is not to arrest. The discretion in these decisions is not used by the individual officer, but instead is part of the department's policy.
LO4: Identify and discuss Bittner's three reasons the military model is attractive to police planners
Controlling the use of force through discipline. Both the military and the police are in the business of using force. Personnel must be kept in a highly disciplined state of alert and preparedness, with reliance on "spit and polish" and obedience to superiors.
Professionalization. The introduction of military-like discipline into police agencies in the 1950s and 1960s professionalized departments that had been historically plagued by corruption and political favoritism and influence.
And effective model or organization. The police lacked other models of organization. The military model was easy to comprehend. Given that many officers had some sort of military background, it was easy to implement.
LO5: List and discuss the three primary goals of police patrol
1) To deter crime. When potential lawbreakers see police officers in the community, they are less likely to break the law
2) To enhance feelings of public safety. Feelings of security and public safety are essential for the development of meaningful communities.
3) To make officers available for service. By having the officers patrolling assigned beats or sectors of the city, they can be dispatched more quickly to calls for service.
LO6: Briefly describe what happens during investigation
Detectives go to a crime scene after the patrol car has responded and take over the evidence gathering so the patrol car can be released to resume patrol. A great deal of detectives' time is spent questioning victims and witnesses and trying to re-create what happened.
LO7: Tell why traffic enforcement can be among the most dangerous aspects of police work
An officer never knows whom he or she is stopping, and citizens can resent being pulled over. When making tour tine traffic stops, the officer might be tempted to let down his or her guard. however, the driver might be fleeing a crime scene, an escaped felon, impaired by drugs or alcohol, or all three. Additionally, many traffic stops are made at night when it is more difficult for an officer to accurately assess a dangerous situation.
LO8: Give a few examples of extraordinary police duties
Dealing with juveniles
LO9: Discuss the importance of police discretion
The police do not make an arrest every time they are legally authorized to do so. Decisions to investigate, arrest, charge, and incarcerate are all make by the police in the legitimate performance of their duties. The police decide which laws to enforce, how much to enforce them, when to let some offenses slide, and when to devote attention to truly significant offenses.
If the police attempted to enforce all the laws, at least two bad things would happen. First, the criminal justice system would be swamped by the workload. The criminal justice system can only process so many cases. The second problem with enforcing every law would be that the most serious offenders would be obscured by the mass of cases. The police would not have the time and resources to address the cases that represent the greatest dangers to society.
LO10: Examine the importance of the Fourth Amendment to law enforcement
The procedural law that controls the activities of law enforcement is derived from the Fourth Amendment. Although a number of state laws, court cases, and departmental regulations specify how the police can go about investigation, interrogation, and arrest, all of these rules and regulations must be consistent with the Supreme Court's interpretation of the Fourth Amendment.
It specifies a wide range of protections from police activity and essentially ensures that citizens are not subject to the arbitrary actions of overzealous police officers. The Fourth Amendment covers searches seizures, stops, frisks, arrests, interrogation, and confessions.
Mode of policing that emphasizes the maintenance of order and informal intervention on the part of the police officer rather than strict enforcement of the law
Mode of policing that emphasizes enforcement of the letter of the law
Mode of policing that is concerned primarily with serving the community and citizens
Suspicion of illegal activity based on a person's race, ethnicity, or national origin rather than on actual illegal activity or evidence of illegal activity
Reason based on known facts to think that law has been broken or that a property is connected to a criminal offense
Area under the control of an individual during an arrest in an automobile
Suspicion based on facts or circumstances that justifies stopping and sometimes searching an individual thought to be involved in illegal activity
The collecting by police officers of potential evidence in a criminal case
Temporary detention that legally is a seizure of an individual and must be based on reasonable suspicion
Reasonable Stop Standard
Supreme Court measure that considers constitutionality as to whether a reasonable person would feel free to terminate an encounter with law enforcement personnel
Term that describes two distinct behaviors on the part of law enforcement officers in dealing with suspects. To conduct a lawful frisk, the stop itself must meet the legal conditions of a seizure. A frisk constitutes a search.
Incident in which police officers physically restrain a person and restrict his or her freedom
Incident in which police show a sign of authority (such as flashing a badge) and the suspect submits.
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