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policing in america
| Question | Answer |
|---|---|
| define the police | Police are institutions or individuals given the general right to use coercive force by the state within the state's domestic territory. |
| The statement "the police exist to enforce the law" is what? | an ends based definition |
| States have own laws so that? | no 1 government entity has all the power |
| why do we have police? | something ought not be happening, about which something ought to be done, now. |
| an economy based on free markets and economic incentives with politics and money intertwined | Democratic capitalism |
| Discretion | a public officer has discretion whenever effective limits on his power leave him free to make a choice among possible courses of action or inaction. |
| 3 reasons why officers have discretion? | not all laws are good laws. human interactions are too complex and every situation is difffereent. full enforcement would be intolerable. not enough reources and we would be a police state. |
| 2 problems with police officers having discretion? | low visibility, can allow for discrimination both good and bad. |
| situational variables and an example | the context in which police officers perform police activities. ex: seriousness of offense, presence of weapon |
| offender variables | attributes of offender that influence officer to take action or inaction. ex: age, sex, socioeconomic statue, gender |
| system variables | characteristics of CJ system that might influence officers to exercise their discretion. ex: community expectations, officers perception of court rulings, department priorities |
| according to Guyot what qualities should a police officer have in order to exercise discretion? | police officer should be curious, be able to perceive danger and know when it is right to take action, must be compassionate, empathetic, caring of every situation, must be decisive, must use self control, and use varied approaches to different situations |
| why are police the gatekeepers of cj system | they are the people we see the most. In addition, when someone comes into contact with CJ system it is usually through the police |
| law enforcement is what % of what police actually do? | 10-20% |
| who perpetuates the crime fighter image? | media, news, public, police themselves |
| 3 general police functions? | law enforcement- crime control efforts that apply the law. order maintenance- efforts to prevent order and disruption, usually absent of law violation. Service- general rendering of aid and assistance not involving law. |
| example of order maintenance | police at sporting events, directing traffic. |
| discretion is of two types | use of the law and avoiding the law |
| who has more discretion? administrators or police officers on front lines? | police of front lines |
| factors that shape police role | police are 24/7, they are called and promise to respond, they are generalists, authority to use force,part of system of social control |
| bounded rationality | we make decisions based on what we know |
| 3 styles of policing | legalistic- follow laws by book, watchmen- order maintenance, service- providing services. |
| legal factors v extralegal factors | Legal- tied directly to the law, seriousness of offense, strength of evidence. Extra- factors not written in law that police might take into consideration, race, age, ses, neighborhood |
| you do not study discretion you study? | behavior |
| Calea | commission of accreditation for law enforcement agencies. states that police officers must file written reports after every incident and to have those reports looked at by supervisors. |
| watchmen and service style policing happens where? | rural areas |
| 4 agencies in department of justice and a little about each? | FBI- law enforcement via investigations, DEA drug enforcement of laws, US Marshals- serve warrants and keep order in courtrooms, BATF- monitoring and tracking movements of alcohol tobacco and firearms. |
| department of homeland security | TSA, border protection, secret service, citizen and immigration services, immigration and customs enforcement, us coast guard |
| what does citizen and immigration services do? | grant visas |
| Department of defense | NCIS, military police |
| state police | general law enforcement throughout entire state |
| state highway patrol | traffic law enforcement throughout highways, freeways |
| what state does not have a state police? | Hawaii |
| local police involved in corrections? | sheriff |
| exists to serve the needs of its citizens and create formal mechanisms for dispute resolution | government |
| most formal system of social control? | law |
| police are historically linked w/? | economics, politics, formation of society |
| 1st modern police force began in? | London 1829 |
| police started by whom? and introduced what act? | sir Robert peel metropolitan police act |
| law enforcement before policing was? 2 things | very town specific and volunteer based |
| volunteer based informal night patrol | night watch |
| slave patrol | primarily in American south where people helped maintain economic order by returning slaves |
| constables | surveyed land, served warrants, meated out punishment. |
| constabls were primarily in? | American northeast |
| first day watch? | philly 1833 |
| first day and night watch? | new York 1844 |
| first 3 state police agencies? | pennsyvania, Massachusetts,texas rangers |
| mechanical vs organic solidarity | mechanical- shared values and experienes, informal social control. organic- role specialization difference in values, formal social control |
| the eras of policing and dates? | political era 1830-1900 professional/reform era 1900-1960 community policing 1960- present |
| father of American police professionalism? | august vollmer |
| wickersham commission report | outlined problems with law enforcement, dealt with organized crime |
| Kansas city experiment determined what? | preventative patrol not that effective |
| 4th era called? | surveillance era |
| characterstics of political era an why there was change | primarily political, crime control and broad social services, decentralized, close and personal,mainly used foot patrol,measured by political and citizen satisfaction with social order. corruption, social reform, and police wanted change |
| professional era | law and professionalism, crime control, centralized,profesionaly remote external reltnship, demand mngment was chanled through central dispatching activties, prevetative patrol,crime control. changed because of social unrest police minority comm relations |
| community era | community support, law, professionalism, crime control, crime prevention, problem solving, decentralized, police defend law but listen to community,demand channeled through analysis of underlying problems,foot patrolproblem solving citizen satisfaction |
| community era satisfaction is measured by? | quality of life and citizen satisfaction. |
| who else besides police in the CJ system use discretion? | prosecutors |
| administrative discretion | exercised in determining the role orientation of the agency. should reflect the needs and concerns of community |
| ways administrators control discretion | through rules, disciplinary process, selective recruiting, mentorship |
| which situations are thought to involve more discretion than others? | domestic violence, vice crimes, hate crimes |
| the totality of networks and patterns of social interaction occurring between members of a bounded social group | society |
| an apparatus that has the recognized authority to use and maintain a monopoly on the use of force within a clearly defined geography or jurisdictio | state |
| social contract | members of a society are assumed to have entered an agreement to create the state and a government to acquire security and order for an entire society |
| true or false too much order creates disorder? | true |
| the collective practices by which a group attempts to ensure that individuals conform to the norms and value of the group | social controls |
| examples of informal social controls | family, religion, educational institutions. |
| the use of sanctions for rule breaking | formal social control |
| documents that provide broad guidelines and limitations describing the relationship between people and their govrnments | constitution |
| 1st amendment | right to free speech |
| 4th amendment | protection against illegal searches and seizures |
| 5th amendment | manner in which police obtain confessions |
| 6th amendment | right to counsel |
| 14th amendment | due process |
| police are under administrative control of what branch? | executive |
| form of political organization that distributes authority and power among levels of government | federalism |
| law | a binding rule that regulates conduct and provides sanctions for violatons of its provisons |
| 4 types of law that affect police | substntiative, procedural, civil, case law |
| criminal statutes that define which behaviors are acceptable and which behaviors are unacceptable in our society | substantiative |
| refers to laws that prescribe how police officers apply substantiave laws | procedural |
| regulates social interactions arising from private commercial or contractual relations | civil |
| written opinions of court | case law |
| 3 primary components of cj system | police, courts, corrections |
| tasks and activities required by police under law | prescribed roles |
| tasks and activities the public would have the police do | preferred roles |
| actual activities carried out by police that may or may not be in accord with legal authority or public desires | enacted roles |
| broken windows theory | belief that police action to reduce minor violations would ultimately have an impact on property and violent crimes. |
| fbi was created in? | 1908 |
| historically the 2 functions of BATF? | regulation and taxes of tobacco and alcohol and investigation of crimes related to firearms and explosives |
| first codes of law | code of hummarabi and lipit ishtar |
| Egypt had a? | very advanced judicial system |
| greek philosopher that contemplated the nature of people the state and law | Plato |
| these two things were formed in rome by augustus Caesar? | vigils to fight fires and the praetorian guard to protect him from assasinations |
| between 1509 and 1547 how many people were hanged for their crimes? | 72,000 |
| this person had good writing skills and was able to advocate change and spread awreness about social and criminal problems facing london | Henry fielding |
| volunteers who worked for fielding in breaking up a number of gangs | bow street runners |
| what commission investigated the NYPD and found widespread corruption? | Knapp commision |
| community policig is rooted in 2 schools of thought | problem oriented policing, community oriented policing |
| omnibus crime control and safe streets act | a lot of money was spent on training and equipment for police |
| what 3 things led to a more formal system of social control | urbanization, industrialization, immigration |
| what era adopted the principle of having the police represent the demographic in which they served? | community |
| underlying sources of police discretion? 5 things | nature of criminal law/ not good laws, conflicting public expectations, criminalization of problem people, low visibility, not enough resources |
| limits on excercise of discretion? 2things. 3 examples each | legal limits- Supreme Court decisions, state court rulings, state law Administrative limits- departmental policy, supervision, written rules |
| tennessee v. garner dealt with? | deadly force |
| government is expected to provide an effective system for 2 things? | regulating conduct, and creating forums to resolve conduct |
| 4 functions of law | legitimize social order and structure, regulate social behavior, curtail and define freedom, provide a system of dispute resolution |
Created by:
jsessler001