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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website, in whole or in part.

Figure

CJ5 | CH5

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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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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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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website, in whole or in part. CJ5 | CH5

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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website, in whole or in part. CJ5 | CH5

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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website, in whole or in part. CJ5 | CH6

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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website, in whole or in part. CJ5 | CH6

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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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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website, in whole or in part. CJ5 | CH6

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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website, in whole or in part. CJ5 | CH6

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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