Problems and
Solutions in
Modern
Policing
5
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LEARNING OBJECTIVES
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website, in whole or in part. CJ5 | CH5
1. Explain why police officers are allowed discretionary powers.
2. List the three primary purposes of police patrol.
3. Describe how forensic experts use DNA fingerprinting to solve crimes.
4. Clarify the concepts of nondeadly force, deadly force, and reasonable force in the context of police use of force.
5. Explain what an ethical dilemma is, and name four categories of ethical dilemmas that a police officer typically may face.
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website, in whole or in part. CJ5 | CH5
LO 1
Explain why police officers are allowed discretionary powers.
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website, in whole or in part. CJ5 | CH5
Justification for Police Discretion (Slide 1 of 2)
• Police officers are considered trustworthy and honest • Assumed to make honest decisions
• Experience and training enables officers to identify threats and take action
LO 1
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Justification for Police Discretion (Slide 2 of 2)
• Nature of the job enables officers to easily understand human and criminal behavior
• Officers face many risks and therefore must be allowed to take reasonable steps to protect themselves
LO 1
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Elements of Discretion
• Nature of the criminal act
• Attitude of the wrongdoer toward the officer
• Relationship between the victim and the offender
• Departmental policy • Has an effect on limiting police discretion
LO 1
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Figure
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5.1 A Typical Police Department Chain of Command
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LO 2
List the three primary purposes of police patrol.
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website, in whole or in part. CJ5 | CH5
Purpose of Patrol
• Deterrence of crime by maintaining visible police presence
• Maintenance of public order and a sense of security in the community
• Provision of services that are not crime related twenty-four hours a day
LO 2
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Police on Patrol
• Police are on call twenty-four hours a day, seven days a week
• Police officers find themselves acting as psychiatric social workers • Law enforcement agencies have instituted a
mandatory crisis intervention team (CIT) training program for officers
➖CIT teaches officers to recognize behavioral cues associated with mental illness and develop strategies of de-escalation
LO 2
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Patrol Activities
• Preventive patrol
• Calls for service
• Administrative duties
• Officer-initiated activities
LO 2
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website, in whole or in part. CJ5 | CH5
Police Investigations
• Detective investigations • Detective: Primary police investigator of crimes
• Aggressive investigation strategies • Sting operations
• Undercover operations
➖Confidential informant (CI): Human source who provides information to the police concerning illegal activity
• Preventive policing and domestic terrorism
LO 2
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website, in whole or in part. CJ5 | CH5
Clearance Rates and Cold Cases
• Clearance rate: Comparison of the number of crimes cleared by arrest and prosecution with the number of crimes reported during any given time period
• Cold case: Criminal investigation that has not been solved after a certain amount of time
LO 2
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LO 3
Describe how forensic experts use DNA fingerprinting to solve crimes.
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Facts Determined by Forensic Experts
Cause of death or injury
Time of death or injury
Type of weapon or weapons used
Identity of the crime victim
Identity of the offender
LO 3
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Crime Scene Forensics and DNA Revolution
• Forensics: Application of science to establish facts and evidence during the investigation of crimes • Trace evidence: Evidence found in small
amounts at a crime scene
• Ballistics: Study of firearms and its application to fighting crimes
• Technique of using DNA fingerprinting to match the suspect to a crime has replaced fingerprint evidence
LO 3
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website, in whole or in part. CJ5 | CH5
Patrol Strategies (Slide 1 of 2)
• Incident-driven policing: Reactive approach that emphasizes a speedy response to calls for service
• Computer-aided dispatch (CAD) • Dispatching police patrol units to the site of 911
emergencies using a computer program
• Random patrol • Police officers monitor a certain area with the
goal of detecting crimes in progress or preventing crimes
LO 3
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Patrol Strategies (Slide 2 of 2)
• Directed patrol • Focuses on a specific type of criminal activity in
a specific geographical location
• Hot spots • Concentrated areas of high criminal activity that
draw a directed police response
• Crime mapping • Technology that allows crime analysts to identify
trends and patterns of criminal behavior within a given area
LO 3
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Arrest Strategies
• Reactive arrests: Part of the ordinary routine of police patrol and responses to calls for service
• Proactive arrests: Concerted efforts by law enforcement agencies to respond to a particular type of criminal or criminal behavior
LO 3
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website, in whole or in part. CJ5 | CH5
Community Policing and Problem-Oriented Policing
• Community policing • Emphasizes community support for and
cooperation with the police in preventing crime
• Problem-oriented policing • Requires police to identify potential criminal
activity and develop strategies to prevent or respond to that activity
LO 3
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website, in whole or in part. CJ5 | CH5
Challenges of Being a Police Officer (Slide 1 of 2)
• Frustration and mistrust toward civilians are marks of police subculture • Police subculture: Values and perceptions
shared by members of police department and law enforcement agents
• Blue curtain: Value placed on secrecy and the general mistrust of the outside world shared by many police officers
LO 3
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website, in whole or in part. CJ5 | CH5
Challenges of Being a Police Officer (Slide 2 of 2)
• Physical dangers
• Stress and mental dangers
• Authority and use of force
LO 3
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website, in whole or in part. CJ5 | CH5
LO 4
Clarify the concepts of nondeadly force, deadly force, and reasonable force in the context of police use of force.
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website, in whole or in part.
Figure
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5.3 The Orlando (Florida) Police Department’s Use-of-Force Matrix
LO 4
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website, in whole or in part. CJ5 | CH5
Types of Force
• Reasonable force: Degree of force appropriate to protect the police officer or other citizens • Known as nondeadly force
• Deadly force: Force applied by a police officer that is likely or intended to cause death
LO 4
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Use of Force and Racial Bias
• Racial profiling: Targeting people for police action based on their race, ethnicity, or national origin
• Civil rights violation: Any interference with a citizen’s constitutional rights by a civil servant such as a police officer • Federal government can investigate police
departments for committing civil rights violations
LO 4
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website, in whole or in part. CJ5 | CH5
LO 5
Explain what an ethical dilemma is, and name four categories of ethical dilemmas that a police officer typically may face.
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Police Corruption
• Abuse of authority by a law enforcement officer for personal gain
• Ethical dilemmas are situations where law enforcement officers: • Have difficulty doing what is right
• Are unaware of the right course of action
• Find the wrong choice tempting
• Noble cause corruption: Intentional misconduct by a police officer to attain what the officer believes is a just result
LO 5
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Elements of Ethics
Discretion Duty
Honesty Loyalty
LO 5
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KEY TERMS
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website, in whole or in part. 30
• Policy
• Bureaucracy
• Delegation of authority
• Detective
• Confidential informant (CI)
• Clearance rate
• Cold case
• Forensics
• Trace evidence
• Ballistics
• DNA fingerprinting
• Cold hit
• Incident-driven policing
• Computer-aided dispatch (CAD)
• Random patrol
• Directed patrol
• Hot spots
31CJ5| CH5 31
KEY TERMS (continued)
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accessible website, in whole or in part. 31
• Crime mapping • Reactive arrests • Proactive arrests • Broken windows
theory • Community policing • Problem-oriented
policing • Police subculture • Socializing • Blue curtain
• Stressors
• Burnout
• Racial profiling
• Reasonable force
• Deadly force
• Civil rights violation
• Police corruption
• Noble cause corruption
• Duty
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SUMMARY
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website, in whole or in part. 32
• Patrol officer has the freedom to decide what law to enforce, how much to enforce it, against whom, and on what occasions
• DNA fingerprinting is the identification of a person based on a sample of her or his DNA
• Police officers and civilians equate terms such as authority and respect with the ability to use force
Police and the Constitution: The Rules of Law Enforcement
6
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accessible website, in whole or in part.
LEARNING OBJECTIVES
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website, in whole or in part. CJ5 | CH6
1. Outline the four major sources that may provide probable cause.
2. Explain when searches can be made without a warrant.
3. Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio.
4. List the four elements that must be present for an arrest to take place.
5. Indicate situations in which a Miranda warning is unnecessary.
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website, in whole or in part. CJ5 | CH6
LO 1
Outline the four major sources that may provide probable cause.
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website, in whole or in part. CJ5 | CH6
Sources of Probable Cause
Personal observation
Information
Evidence
Association
LO 1
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website, in whole or in part. CJ5 | CH6
Probable Cause Framework
• Allows police officers to perform their jobs effectively
• Limits situations where police officers can make arrests
• Gives officers the freedom to act within the framework
LO 1
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website, in whole or in part. CJ5 | CH6
Exclusionary Rule
• Evidence obtained in violation of the accused’s rights will not be admissible in criminal court
• Court’s important legal tool for regulating the activity of law enforcement officers
• Fruit of the poisoned tree: Evidence acquired through the use of illegally obtained evidence • Inadmissible in court
LO 1
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Inevitable Discovery and Good Faith Exception
• Inevitable discovery exception: Illegally obtained evidence can be admissible in court if police would have inevitably discovered it
• Good faith exception: Evidence obtained using a technically invalid search warrant is admissible during trial if the police acted in good faith when they sought the warrant
LO 1
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website, in whole or in part. CJ5 | CH6
LO 2
Explain when searches can be made without a warrant.
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website, in whole or in part. CJ5 | CH6
Role of Privacy in Searches
• Search: Process by which police examine a person or property to find evidence to prove guilt in a criminal trial
• Two-pronged test for a person’s expectation of privacy • Person must prove that she or he expected
privacy
• Society must recognize that expectation as reasonable
LO 2
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Search Warrant
• Written order commanding police officers to search a specific person, place, or property to obtain evidence
• Requires the following information: • Probable cause that a crime has been or will be
committed
• Premises to be searched
• Suspects to be found
• Illegal activities taking place at the premises
• Items to be seized
LO 2
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Affidavit and Seizure
• Affidavit: Written statement of facts, confirmed by affirmation of the party making it • Made before a person having the authority to
administer the oath or affirmation
• Seizure: Forcible taking of a person or property in response to a violation of the law
LO 2
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Items That can be Seized Using a Search Warrant
Items resulting from a crime
Illegal items
Items of evidence Items used in
committing a crime
LO 2
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Searches Incidental to Arrests
• Searches for weapons and evidence that are conducted on persons who have just been arrested
• Police officers are required to: • Find and confiscate any weapons a suspect may
be carrying
• Protect any evidence on the suspect’s person from being destroyed
LO 2
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Consent Searches
• Conducted by police after the subject has agreed to the action
• Factors determining if a consent is voluntary • Age, intelligence, and physical condition of the
consenting suspect
• Coercive behavior by the police
• Length of the questioning and its location
LO 2
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Searches of Automobiles without a Warrant
• Automobiles can be searched without a warrant only if the: • Person being arrested can grab or destroy
evidence or a weapon inside the car
• Officer believes that the car contains evidence pertinent to the same crime for which the arrest took place
LO 2
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Plain View Doctrine
• Objects in plain view of a law enforcement agent may be seized without a warrant and introduced as evidence
• Criteria for a warrantless seizure • Officer can easily spot or sense the item
• Officer is legally in a position to notice the item
• Discovery of the item is inadvertent
• Officer immediately recognizes the illegal nature of the item
LO 2
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Electronic Surveillance
• Use of electronic equipment by law enforcement agents to record private conversations or observe private conduct
• For the warrant to be valid, it must: • Detail with particularity the conversations that
are to be overheard
• Name the suspects and the places that will be under surveillance
• Show probable cause to believe that a specific crime has been or will be committed
LO 2
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LO 3
Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio.
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website, in whole or in part. CJ5 | CH6
Stop and Frisk
• Stop: Brief detention of a person by law enforcement agents for questioning
• Frisk: Pat-down or minimal search by police to discover weapons
• Law enforcement officers: • Detain a person they reasonably believe to be
suspicious
• Pat down or frisk the suspect’s outer clothing if they believe that the person is armed
LO 3
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Terry v. Ohio
• Detective observed suspicious behavior in three men • Suspected men were frisked, and handguns
were found on two of them
• Court concluded that the detective's suspicion was reasonable
• Court judgement was based on the totality of the circumstances
LO 3
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website, in whole or in part. CJ5 | CH6
LO 4
List the four elements that must be present for an arrest to take place.
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Elements of an Arrest
Intent to arrest Authority to arrest
Seizure or detention
Understanding
LO 4
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website, in whole or in part.
Figure
CJ5 | CH6
6.3 Difference between a Stop and an Arrest
Stop Arrest
Justification Reasonable suspicion Probable cause
Warrant None Required in some, but not all, situations
Intent of Officer To investigate suspicious activity
To make a formal charge against the suspect
Search May frisk, or “pat down,” for weapons
May conduct a full search for weapons or evidence
Scope of Search Outer clothing only Area within the suspect’s immediate control or “reach”
LO 4
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Arrest
• To deprive the liberty of a person suspected of criminal activity
• Arrest warrant: Written order commanding that the person named on the warrant be arrested by the police • Based on probable cause and issued by a judge
or magistrate
• Exigent circumstances: Require extralegal or exceptional actions by the police
LO 4
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Arrest without a Warrant
• Warrantless arrest: Made without seeking a prior warrant for the action
• Is permissible in the following circumstances: • Offense is committed in the officer’s presence
• Officer believes that the suspect has committed a certain crime
• There is a possibility that the suspect could escape or destroy evidence in the time taken to procure a warrant
LO 4
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LO 5
Indicate situations in which a Miranda warning is unnecessary.
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Miranda Warning
• Suspect has the right to: • Remain silent
➖If the suspect gives up the right, anything he or she says can and will be used against him or her in a court of law
• Speak with an attorney and to have the attorney present during questioning
➖Attorney will be appointed for the suspect if he or she cannot afford one
LO 5
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Legal Basis for Miranda Warning
• Protection from coercion • Coercion: Use of physical force or mental
intimidation to compel a person to do something against his or her will
• Custodial interrogation: Questioning of a suspect after he or she has been taken into custody • Suspect must be read his or her Miranda rights
before the interrogation can begin
LO 5
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When a Miranda Warning Is Not Required
• Officer does not ask the suspect any testimonial questions
• Police question witnesses without a focus on the suspect
• Individual gives information voluntarily
• Individual has given a statement privately to a friend or acquaintance
• During a stop and frisk or a traffic stop
LO 5
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False Confessions
• Admission of guilt when the confessor did not commit the crime
• Types • Voluntary when suspect is seeking attention, or
is delusional
• Internalized when suspect comes to believe that he or she committed the crime under the stress of the interrogation
• Compliant when suspect believes that to confess is in his or her best interest
LO 5
31CJ5 | CH6 31
KEY TERMS
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website, in whole or in part. 31
• Searches and seizures
• Probable cause
• Exclusionary rule
• Fruit of the poisoned tree
• “Inevitable discovery” exception
• “Good faith” exception
• Search
• Private search doctrine
• Search warrant
• Affidavit
• Seizure
• Searches incidental to arrests
• Consent searches
• Plain view doctrine
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KEY TERMS (continued)
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website, in whole or in part. 32
• Electronic surveillance
• Stop
• Frisk
• Arrest
• Arrest warrant
• Exigent circumstances
• Warrantless arrest
• Interrogation
• Admission
• Confession
• Coercion
• Miranda rights
• Custody
• Custodial interrogation
• False confession
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SUMMARY
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website, in whole or in part. 33
• Sources of probable cause include personal observation, information, evidence, and association
• Warrants are not needed for consent searches and/or searches incidental to arrests
• When reasonable suspicion exists, police officers may stop and frisk a suspect
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SUMMARY (continued)
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website, in whole or in part. 34
• Intent to arrest and seizure or detention are some essential elements for making an arrest
• Miranda warning is not always necessary
Law Enforcement Today
4
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accessible website, in whole or in part.
LEARNING OBJECTIVES
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website, in whole or in part. CJ5 | CH4
1. List the four basic responsibilities of the police.
2. Identify the differences between the police academy and field training as learning tools for recruits.
3. Describe the challenges facing women who choose law enforcement as a career.
4. Indicate some of the most important law enforcement agencies under the control of the Department of Homeland Security.
5. Analyze the importance of private security today.
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website, in whole or in part. CJ5 | CH4
LO 1
List the four basic responsibilities of the police.
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website, in whole or in part. CJ5 | CH4
Responsibilities of the Police
Enforce laws Provide services
Prevent crime Preserve the peace
LO 1
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website, in whole or in part. CJ5 | CH4
Intelligence-Led Policing
• Measures the risk of criminal behavior associated with certain individuals or locations • Allows predicting when and where criminal
behavior is most likely to occur in the future
• Relies on previous crime patterns
• Known as predictive policing
• Requires deploying small forces in areas where the most crime occurs
LO 1
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website, in whole or in part. CJ5 | CH4
Challenges of Counterterrorism
• Scarce resources to prevent and fight terrorism
• Major domestic terrorist attacks despite several assessments of terrorist suspects
LO 1
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website, in whole or in part. CJ5 | CH4
LO 2
Identify the differences between the police academy and field training as learning tools for recruits.
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website, in whole or in part. CJ5 | CH4
Requirements for Becoming an Officer
Be a United States citizen
Never convicted of a felony
Have or be eligible to have a driver’s license
Be at least twenty-one years of age
Meet weight and eyesight requirements
LO 2
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website, in whole or in part. CJ5 | CH4
Background Checks and Tests
• Drug tests
• Review of applicants' educational, military, and driving records
• Credit checks
• Interviews with spouses, acquaintances, and previous employers
• Background search to determine any previous convictions for criminal activity
LO 2
10 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Training
• Probationary period: Time at the beginning of a police officer’s career during which he or she may be fired without cause • Recruits are taught the basics of police work and
are under constant supervision by superiors
• Field training: Officer is placed on the beat under the supervision of a senior officer • To apply concepts learned at the academy
LO 2
11 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
LO 3
Describe the challenges facing women who choose law enforcement as a career.
12 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Challenges Faced by Women in the Police Force
• Prejudice against female officers denies them the opportunity to prove themselves
• Tokenism is a belief that one has been hired only to satisfy diversity requirements
• Sexual harassment: Repeated pattern of unwelcome sexual advances and/or obscene remarks
LO 3
13 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Challenges Faced by Minorities in the Police Force
• Double marginality: Double suspicion that minority officers face from their white colleagues and their community • White officers believe that minority officers give
better treatment to members of their own race
• Minority officers face hostility from their own community
LO 3
14 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
LO 4
Indicate some of the most important law enforcement agencies under the control of the Department of Homeland Security.
15 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Law Enforcement Agencies
• Municipal law enforcement agencies • Apprehend criminal suspects, maintain order,
and provide services to the community
• Sheriffs and county law enforcement • Sheriff: Primary law enforcement officer in a
county elected by popular vote
• Coroner: Medical examiner of a county elected by popular vote
• State police and highway patrols
LO 4
16 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Federal Law Enforcement Agencies: Department of Homeland Security (Slide 1 of 2)
• United States Customs and Border Protection (CBP) • Federal agency responsible for protecting U.S.
borders and facilitating legal trade and travel across borders
• United States Immigration and Customs Enforcement (ICE) • Enforces the nation’s immigration and customs
laws
LO 4
17 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Federal Law Enforcement Agencies: Department of Homeland Security (Slide 2 of 2)
• United States Secret Service • Protects the president, the president’s family,
the vice president, and other important political figures
LO 4
18 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Federal Law Enforcement Agencies: Department of Justice
• Federal Bureau of Investigation (FBI) • Responsible for investigating violations of
federal law
• Drug Enforcement Administration (DEA) • Enforces laws and regulations regarding
narcotics and other controlled substances
• Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
• United States Marshals Service
LO 4
19 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Federal Law Enforcement Agencies: Department of the Treasury
• Internal Revenue Service (IRS) • Investigates violations of tax laws and
regulations
➖Criminal investigation division investigates cases of tax evasion, tax fraud, prosecuting identity theft, and public corruption
LO 4
20 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
LO 5
Analyze the importance of private security today.
21 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Private Security
• Services provided by private corporations or individuals rather than police officers • Guards and patrol services
• Intends to deter crime rather than stop it
• Each state has its own rules for private security employment
LO 5
22 Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. CJ5 | CH4
Factors Driving the Growth of Private Security
• Workplace crime
• Budget cuts in states and municipalities that have forced reductions in the number of public police • Raised the demand for private ones
• Increased awareness of private security products
LO 5
23CJ5 | CH4 23
KEY TERMS
Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. 23
• Intelligence-led policing (ILP)
• Militarism • Recruitment • Probationary period • Field training • Sexual harassment • Double marginality • Sheriff
• Coroner • United States Customs
and Border Protection (CBP)
• United States Immigration and Customs Enforcement (ICE)
• Human trafficking
24CJ5 | CH4 24
KEY TERMS
Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. 24
• United States Secret Service
• Infrastructure • Federal Bureau of
Investigation (FBI) • Drug Enforcement
Administration (DEA) • Private security • Secondary policing
25Copy r i gh t ©201 6 Cenga g e Lear ni n g . A l l Ri ghts Res er v ed . M ay not be s c anne d , c opi ed or dupl i c at e d , or pos te d to a publ i c l y ac c e s s i bl e webs i te , i n whol e or i n par t. HIST4 | CH6 25CJ5 | CH4 25
SUMMARY
Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. 25
• Four basic responsibilities of the police are to enforce laws, provide services, prevent crime, and preserve the peace
• Two components of a training period of a police recruit are police academy and field training
• Challenges faced by women in law enforcement careers are added scrutiny, tokenism, and sexual harassment
26Copy r i gh t ©201 6 Cenga g e Lear ni n g . A l l Ri ghts Res er v ed . M ay not be s c anne d , c opi ed or dupl i c at e d , or pos te d to a publ i c l y ac c e s s i bl e webs i te , i n whol e or i n par t. HIST4 | CH6 26CJ5 | CH4 26
SUMMARY (continued)
Copyright ©2019 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part. 26
• The Department of Homeland Security oversees three agencies that play an important role in counterterrorism and fighting crime
• Private security refers to services provided by private corporations or individuals rather than police officers
Christine Nelson
07/21/2019
Ethical Dilemmas and Decisions in Criminal Justice
Week 4 Journal
1. Discuss the different ways treatment and security concerns clash for treatment professionals. Be sure to give examples to support your answer.
As described by the text, “The unique issues facing correctional treatment professionals derive
from their dual goals of treating the individual and being an employee of the state with a
corresponding duty to maintain safety and security (Pollock, 2019, p. 415). A treatment professional works in a unique and difficult field as their priorities usually clash. Treating an
individual who is mentally ill, physically ill, or suffering from any other ailment can be difficult
with limited supplies, resources, and freedoms. A doctor or psychiatrist cannot simply take an
inmate from a prison or jail for treatment; the treatment must occur behind bars. Creating a safe
space that allows privacy and a place an inmate can feel comfortable in can compromise security
and the safety of staffing. Those who are mentally ill pose some of the more serious issues with
treatment staff and correctional staff alike. Sometimes these mentally ill inmates do not seek out
or want help; yet, these individuals are being forced to undergo treatment as a means of control
(Pollock, 2019). Drug prescriptions such as antipsychotic drugs are now a topic of conversation
when it comes to ethical issues with treatment staff. The reason for this is because the individuals
on these medications may not function otherwise; however, once back on the street, these people
suffer through withdrawal and go through the entire process again upon arrest and conviction.
Other clashes for treatment staff regarding treatment responsibilities and security are the ability
to maintain patient confidentiality, protection of records, consent, and being non-discriminatory
with their services (Pollock, 2019). How far can a doctor, psychologist, or practicing nurse go
before security measures outweigh confidentiality of the inmate and job duties? These treatment
professionals must follow their own guidelines and remember the Tarasoff rule, or that someone
must be notified if there is imminent harm from one of these treatment professional’s clients
(Pollock, 2019; Armstrong & Griffin, 2004; MacKain et al., 2004). These duel loyalties are delicate balances that can be broken in a moment’s notice.
2. Describe the different approaches to the probation/parole function and explain how each approach would affect the officer's behavior. Be able to provide examples to support your answer.
There are four distinct types of approaches when it comes to parole and probation officers: the
punitive law enforcer, the welfare practitioner, the passive time server, and the combined model
(Pollock, 2019; Placer County, 2019). As parole and probation work closely with inmates regarding supervised release, these different approach types affect not just the inmate but also the
officer’s behavior itself. The punitive law enforcer is how the title is portrayed. The individuals
with this type of approach are aggressive and may use illegal means to enforce compliance such
as illegal threats and due process violations. The welfare worker type is almost like an
overbearing mother-figure. These people tend to be so involved at helping their clients that client
privacy is violated. The passive time server is someone who does not take their job requirements
and duty seriously. Finally, the combined model is a mix of one or multiple different approach
types, which can cause conflicting strategies in being an efficient parole or probation officer or
work in an effective manner (Pollock, 2019). All of these approach types cause different
behaviors in a probation or parole officer. The punitive law enforcer, as stated before, may be
aggressive and quick to temper. These individuals tend to use violent-like work strategies to force
compliance with their clients. The tactical use of fear and intimidation can cause not only ethical
issues, but also long-term effects on the client. The welfare worker, while wanting to do the right
thing and make sure that the client is being helped, may come off as a bit naïve or parental like.
Added stress could be placed on the parole or probation officer if a client refuses the help
because of a violation of privacy. Clients may also become aggressive or reluctant to work with
the parole or probation officer due to this behavior. The passive time server is an individual who
does not see any sense in making a difference in former inmates’ lives and only does the bare
minimum, if that. These individuals may actually cause more recidivism cases than prevented
ones due to their lack of care for the job. Finally, the combined role can a helpful one or a
hindering one. Depending on the types of approaches combined, a parole or probation officer can
become effective at their jobs or practically useless (Pollock, 2019).
3. Describe and discuss restorative justice and its potential role in dealing with misconduct and corruption in corrections. Be sure to provide examples to support your answer.
Restorative justice is the type of approach focused on reparation rather than punishment or
retribution (Cambridge Dictionary, n.d.). Today’s correctional system houses too many inmates that place a toll on tax payers and those working in the system. The current punitive model is
ineffective within the correctional system as the model enhances a sense of unfairness among
inmates; which, as a result, places additional stress on correctional officers (Pollock, 2019).With restorative justice, the inmate would feel a sense of responsibility of their own misdeeds and
would force the inmate to realize the consequences of their actions and take responsibility for
such. The public has been
seen as favoring this type of justice because it is more about the victim rather than the offender.
The offender would have to work to make their wrong-doings right again while the victim is
helped during the difficult time of healing and coping. As explained by the text, “restorative
justice programs may lead to a greater sense of mission for correctional professional and,
therefore, decrease burnout and misconduct” (Pollock, 2019, p. 428). Because corruption is the
cause from multiple factors such as poor management, stress, and correctional officer mentality
of “us versus them” against inmates with behavioral issues, this model of corrections is a
suggested way of reducing corruption within the correctional system and with correctional
officers. The term peacemaking corrections is perhaps the best way to explain this type of
restorative justice approach as this focuses on what is right in the mind and the heart. The inmate
must come to terms that their wrong doing has harmed another person and they must take the
responsibility to do the right thing for the victim and themselves. This approach brings peace to
the inmate and to the officers involved in the correctional system, yet is not as effective towards
the victim unless any negative emotional feelings are eliminated (Pollock, 2019, pp. 427-430).
4. List and discuss some management practices that have been found to contribute to an
ethical workplace. Be sure to provide examples to support your answer.
An ethical workplace is an efficient workplace and there are many different management
practices that can contribute to this. In corrections, The Commission on Safety and Abuse in
American Prisons is an excellent demonstration of difference recommendations managers and
correctional administrators can use to reduce unethical environments and cultures of violence
(Pollock, 2019). These recommendations include better staffing, proficient hiring techniques and
better training, strengthening professional standards, and having access to a national database that
documents violent incidents and misconduct (Dupree, n.d.). These recommendations do not only have to apply to corrections; instead, other areas of the criminal justice system could learn from
these as well. Other management practices that could improve the workplace and encourage
ethical professionalism are proactive measures to wrongdoings and internal affairs, better
working conditions, good role models in supervisor positions, and reducing opportunities for
corruption. My personal opinion of better management practices that are perhaps the most effective are those proposed by Wright: the treatment of employees. Seven principles were
introduced as to how administrators, managers, and supervisors should treat employees: safety,
fair treatment, due process, freedom of expression, privacy, participation in decision making, and
information (Pollock, 2019). Mix these principles with the recommendations proposed by The
Commission on Safety and Abuse in American Prisons, then better ethical and healthy
workplaces can develop.
5. Explain how the nation's response to 9/11 has impacted local law enforcement. What are the ethical concerns surrounding the changes law enforcement has made since 9/11?
No one can deny that the response to the 9/11 attack was immediate and affected everyone in the
United States. Law enforcement are first responders to any and all incidents, so it only makes
sense that law enforcement would be heavily impacted and revised to ensure greater national
security and defense. After 9/11, the Department of Homeland Security was established, more
law enforcement agencies were set up including additional personnel, civil liberties were limited
and reduced, immigration control and awareness increased, and different legislation was passed
to ensure that such an event never happens again (Pollock, 2019). All of these new changes impacted law enforcement as new and additional job duties were handed out and different forms
of policing were writing into law. Additional changes include detainments, secret prisons,
military commissions, when and how to use torture, government secrecy, privacy threats and
changes to such, and undercover operations (Pollock, 2019). Ethical issues and concerns that are
present with these changes are the right to privacy, racial bias, and completing missions by any
means possible. After the attacks of 9/11, the priority in the United States was security over the
rights of the people. People suspected of being a part of a terrorist organization or have
committed terroristic crimes were harshly treated in detainment and in prisons alike; almost to
the point the treatment being inhumane. Police officers following orders may be faced with
unethical decisions to make that could cost them their jobs or another person’s life. Illegal
searches, seizures, arrests, and investigations are performed in the name of security by both law
enforcement and federal agents alike (Pollock, 2019). The question remains: how far is too far in
the name of security and national protection? Sacrifices must be made at times by the few to
protect the whole, such as the case of the national security letters and the Patriot Act where
privacy of the people was somewhat tampered on to ensure there were no future threats and acts
of terrorism (Pollock, 2019). Law enforcement can only do so much legally when it comes to
anti-terrorism tactics, and it is imperative that certain freedoms are granted to ensure national
security without violating the people’s rights and privacy.
References
Armstrong, G.A. & Griffin, M.L. (2004). Does the job matter? Comparing correlates of stress among treatment and correctional staff in prisons. Journal of Criminal Justice, 32(6), 577-592. https://doi.org/10.1016/j.jcrimjust.2004.08.007 Cambridge Dictionary. (n.d.). Restorative justice. In Cambridge Dictionary. Retrieved July 20,
2019, from https://dictionary.cambridge.org/us/dictionary/english/restorative-justice
Dupree, D. (n.d.) Recruiting & training correctional officers on ethics. Chron. https://work.chron.com/recruiting-training-correctional-officers-ethics-30563.html
MacKain, S.J., Myers, B., Ostapiej, L., & Newman, R.A. (2010). Job satisfaction among psychologists working in state prisons: The relative impact of facets assessing economics, management, relationships, and perceived organizational support. Criminal Justice and Behavior, 37(3), 306-318.
Placer County. (2019, January 19). Ride along with Probation Officer Merredith Murdock. [Video]. YouTube. https://www.youtube.com/watch?v=23f7msQekLs
Pollock, J. M. (2019). Ethical dilemmas and decisions in criminal justice (10th ed.). Cengage.
Weekly Criminal Justice Journal Rubric
Not Present –
0-49.99%
Unacceptable –
50-64.99%
Needs Improvement –
65-74.99%
Satisfactory – 75-
84.99%
Proficient –
85-99.99%
Exemplary –
100%
Content:
demonstrates
critical
thinking,
research, and
analysis skills
20%
Responses
lacks
sufficient
information.
Quality
examples not
provided.
Responses do
not cover
sufficient
material on
topic. Answers
are
underdeveloped
and lacks focus.
Responses need
improvement in its
critical thinking, and
analysis. Answers need
additional support and
development.
Responses
demonstrate
satisfactory
critical thinking,
and analysis.
Some answers
lack distinct
supporting
elements.
Responses
demonstrate
proficient
critical
thinking, and
analysis.
Answers cover
all aspects of
the question(s).
Responses
demonstrate
exemplary
critical thinking,
and analysis. All
answers are clear
and concise. All
responses are
clear and
thorough.
Organization:
logical
organizational
elements
20%
Responses
lack
organizational
content and
structure.
Answers are
not
acceptable.
Responses are
very weak and
lack
organizational
structure. Lack
of substantive
information in
responses.
Answers seem
haphazard or
scattered.
Answers do not
flow.
Responses need major
improvement in
organizational structure.
Answers lack
substantive information
and do not cover all
aspects of the
question(s).
Responses are
acceptable as they
are organized and
substantive in
nature. Some
responses lack
some unity and do
not cover all the
required
information.
Responses are
organized very
well and are
substantive in
nature.
Answers are
clear and cover
most of the
required
information.
Responses are
exemplary and
extremely well
organized. All
answers are
substantive in
nature and cover
all the required
information.
Integration:
effective
integration of
source
material
20%
Responses do
not contain
source
citations. No
references
submitted.
Responses
contain
acceptable use
of source
material. This
may include
Use of source material
needs improvement.
Reason for source use
unclear. Student has
room for improvement.
Sources may not be
Responses
contains
acceptable use of
source material.
Source quality
leaves room for
Responses are
proficient and
use of source
material, which
is demonstrated
in generally
Responses are
exemplary and
the use of source
material is
outstanding.
Demonstrated in
unintentional
plagiarism
(instructor may
still apply
plagiarism
policy at his or
her discretion)
or inappropriate
sources. Source
quality leaves
room for major
improvement.
Quotes, if used,
are “dropped
in” and not
integrated.
discussed or analyzed
fully. Source relevance
not always clear. Few
direct quotes being
used.
improvement.
Sources may not
be discussed or
analyzed fully.
Source relevance
not always clear.
Few to no direct
quotes being used.
well-selected
sources,
critically
analyzed, and
integrated into
the journal
responses.
Some
integration may
be lacking as
sources may not
be fully
introduced or
discussed after.
well-selected
sources,
critically
analyzed, and
integrated into
all journal
responses.
Effective balance
between source
material,
discussion of
source material,
and student’s
own writing.
APA
formatting:
usage of APA
7 in
documentation
and formatting
20%
APA 7
standards not
used or
contain so
many
omissions that
the paper is
not complete.
May include
no
submission.
APA 7
standards are
not met. This
may include a
lack of
references, lack
of in-text
citations,
misuse, or lack
of APA
formatting of
document.
APA 7 standards need
major improvement in
the areas of formatting
of the references, and in
the citing of sources (10
or more errors exist).
Acceptable use of
APA 7 standards,
including in the
formatting of the
references, and in
the citing of
sources (no more
than 5 issues).
Employs proper
APA 7
standards,
including in the
formatting of
the cover page,
the document,
the references,
and in the citing
of sources (no
more than 3
issues).
Effectively and
commendably
employs APA 7
standards,
including in the
formatting of the
cover page, the
document, the
references, and
in the citing of
sources.
Grammar and
Mechanics:
objective Point
of view,
academic
language, and
proper
grammar and
mechanics
20%
Does not meet
the
requirements
or there was
no
submission.
Overuse of 1st
or 2nd person in
writing. Lacks
argumentative
language.
Academic
language
unacceptable as
it hinders the
reading of the
text.
Uses some
argumentative and
academic language but
needs extensive review
(no more than 10
errors). Use subjective
point of view in more
than half of the paper.
Uses satisfactory
argumentative and
academic
language but
needs additional
work (no more
than 5 errors).
Uses some
objective point of
view but
approximately half
of the paper uses
subjective point of
view.
Uses mostly
argumentative
and academic
language with
some minor
errors (no more
than 3 errors).
Mostly uses
objective point
of view with
some minor use
of subjective
point of view.
Uses strictly
argumentative
and academic
language (no
grammatical or
mechanical
errors). Solely
uses objective
point of view.
* Cite a source citation within every response (quoted, summarized, paraphrased, cited, and referenced). (10% penalty if source information is
not cited: five points will be taken off of Integration and five points taken off of APA formatting)
* Plagiarism of any portion of a paper of any journal response may result in a earning a “0” for the entire journal assignment. Please refer to the
Keiser University plagiarism policy. Carefully quote, cite, and reference your materials.
Journal Assignment (United States)
Each of your answers should be written using your own words. Do not copy and paste from your textbook or an Internet source. Simply copying from the book word-for-word does not show me that you understand the concepts. Ensure you cite your work and add reference(s) at the end of your journal. This assignment is designed to see if you are reading and understanding the material from your textbook and learning modules, so these should be the sources you are citing in your work. You should not need to do research from additional resources unless the question specifically asks you to do so; you should not be Googling the answers for these questions.
Please review the APA module under the "Getting Started" area if you need assistance. As a criminal justice professional, it is imperative that you learn the finer aspects of writing. Citing and referencing are part of the gradable criteria for your weekly work.
All questions are worth 20 points:
· Discuss preventative policing and why it is used by law enforcement at the local, state and federal levels.
· What is noble cause corruption? Please provide a real-world example in your answer.
· Describe the protections of the 4th, 5th, 6th and 8th Amendments. If you had to choose one that you believed offered the most important protections, what would that Amendment be and why?
· Explain the four categories of ethical dilemmas typically faced by a police officer. Please provide examples in your answer.
· Explain the exclusionary rule and the fruit of the poisonous tree doctrine. How do they impact police officers' investigations?
(Every answer should have an in-text citation that looks like this (Gaines and Miller, 2019).
The reference citation for your book would go at the end.
Gaines, L.G., and Miller, R.R. (2019). CJ: Criminal Justice (5th edition). Cengage Learning.)
Journal Assignment Grading:
Each assignment is given equal weight out of 100 points.; each question is worth 20 points. If a question is not answered, no points will be received for that response. Each question is weighted equally.
Please post all answers as an attachment in a Microsoft Word document or a Rich Text Format file. This assignment is due by Saturday at 11:59 p.m. EST.

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