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What is the USSC case Tennessee v Garner?
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Prior to Tennessee v. Garner, many departments adopted which use of force standard in lieu of the Fleeing Felon doctrine.
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Test 2 cjus
ch 5-8
| Question | Answer |
|---|---|
| What is the USSC case Tennessee v Garner? | Fleeing felon rule was declared Unconstitutional by U.S.S.C |
| Prior to Tennessee v. Garner, many departments adopted which use of force standard in lieu of the Fleeing Felon doctrine. | law enforcement officers could if necessary, use deadly force to apprehend any fleeing felony suspect. |
| What is the most significant factor in the decision to arrest? | discretion |
| According to your text, how many arrests are made in the USA in a given year? | more than 14 million |
| What is the most frequent type of police contacts that occur? | involve motor vehicles or traffic related issues. |
| The police role is well defined. Is this a true or false statement? | False: police role is extremely diverse, ambiguous, and dynamic |
| What are the secondary goals and objectives of police departments? | preventing crime, arresting and prosecuting offenders, recovering stolen and missing property, assisting sick and injured, enforcing noncriminal regulations, delivering services not available elsewhere in community. |
| According to Herbert Jacob, what are the major factors causes the police to exercise discretion? | characteristics of the crime, relationship between the alleged criminal and victim, relationship between police and the criminal or victim, department policies |
| The legality and morality of the fleeing felon law is challenged by what concept? | by the U.S. legal concept of presumption of innocence. |
| Identify Broderick’ police operational styles | Enforcer, Idealist, Realist, Optimist |
| James Q. Wilson identified (3) styles. Name them and explain each. | Watchmen, Legalistic style, serice |
| Watchmen | concerned with order maintenance |
| Legalistic style | enforce the law strictly by issuing many citations and making many misdemeanor arrests. |
| Service: | stress servicing the needs of others. |
| Who is the first decision maker in the Criminal Justice System and often makes the most important decision. | law enforcement |
| Explain the defense of life standard. | doctrine allowing police officers to use deadly force against ind. Using deadly force against an officer or others. |
| What type of offenses do police make the most arrest? | DUI/DWI, drug abuse, misdemeanor assaults, Liquor Law, drunkenness, disorderly conduct, vagrancy, loitering, traffic violations |
| Explain omnipresence. | A concept that suggests that the police are always present or always seem to be present. |
| What are the primary goals and objectives of the police identified by Robert Sheehan and Gary Cordner? | maintaining order and protecting life |
| Broderick identified 4 police operational styles. Identify them and explain how these police officers view their jobs. (on pg 128) | Enforcer: maintain order, safety Idealist: place higher value on individual rights Realist: police loyalty Optimist: people oriented help ppl out |
| In class we discussed 4 factor identified by Herbert Jacob that govern discretion of a police officer. List them. (Full description on pg 133) | characteristics of the crime relationship between the alleged criminal and victim relationship between police and the criminal or victim department policies |
| What are some of the most significant characteristic of the police personality? | authoritarianism, suspicion, hostility, insecurity, conservatism, and cynicism |
| What is the Blue Wall of Silence? | a figurative protective barrier erected by the police in which officers protect one another from outsiders. |
| Who coined the term, “working personality of police officers?” | Jerome Skolnick |
| Who is William Westley? | he believed that police officers learn to mistrust the citizens they are paid to protect as a result of being constantly faced with keeping ppl in line and believing that ppl are out to break the law or injure police |
| Who was Arthur Niederhoffer? | a former NYPD lietenant and then prof at JohnJay college of Criminal Justice, wrote one of the best known studies of the police personality |
| What is the Dirty Harry Problem? | A moral dilemma faced by police officers in which they may feel forced to take certain illegal actions to achieve a greater good. |
| What is the flight or fight response? | the body’s reaction to highly stressful situations in which it is getting prepared for extraordinary physical exertion. |
| Identify the four general categories of police stress discovered by researchers? | external, organizational, Personal, and operational |
| What is police cynicism? | an attitude that there is no hope for the world and a view of humanity at its worst |
| What percentage that studies indicate police officers more likely to suffer from alcoholism than the average citizen? | 25% |
| How frequent is suicide by cop is believed to occur? | its accounts for 11% of shootings and 13% of all deputy-in-volved justifiable homicides |
| What is the research indicating regarding the percentage of police officer who have drinking problems? | they are 300% more likely to suffer than the avg. citizen |
| In which city was the first African American police officer appointed? | in Washington, D.C. in 1867 |
| Prior to 1940s how many black police officers worked in Deep South? | they were nearly non-existant |
| What did the early female offices have as their responsibilities? | used in vice, juvenile work, and guarding female prisoners. |
| What percentage of sworn personnel in local police department are Hispanic | 9.1% |
| What percentage of sworn personnel in local police department are women? | 11.3% |
| Who authored "Black and Blue?" | Nicholas Alex |
| Explain double marginality that is found in "Black and Blue." | the simultaneous expectatoin by white officers that African American officers will give members of their own race better treatment and hostility from the African American Community that black officers are traitors to their race. |
| 14th admendment | the primary instrument governing employment equality as well as all equality, needed to end job discrimination in policing. |
| Who is Stephen Leinen, what bood did he author? | wrote "Black Police, White Society" found significant discrimination in the NYPD until the 1960s. African American police officers were asigned only to African American neighborhoods and were not assigned to specialized, high profile unites. |
| What did Nicholas Alex author? | "Black and Blue: A Study of the Negro Policeman" AND "New York Cops Talk Back" |
| The Nathional Advisory Commission on Civil Disorder is known as the | Kerner Commission. |
| What is the title VII of the Civil Rights Act of 1964? Does it protect sexual orientation? | Title of this law was designed to prohibit all job discrimination based on race, color, religion, sex, or national origin. It covered all employment practices, including hiring, promotion, compensation, dismissal, |
| De facto discrimination | The indirect result of policies or practices that are not intended to discriminate, but do, infact, discriminate. |
| a. The Civil Rights Act of 1964: | was designed to prohibit all job discrimination. |
| b. Omnibus Crime Control and Safe Street Act of 1968: | was enacted with the goal of assisting local governments in reducing the incidence of crime by increasing the effectiveness, fairness and coordination of law enforcement and the criminal justice system. |
| c. Equal employment Opportunity Act of 1972: | extended the 1964 Civil Rights Act and made its provisions, including Title VII, applicable to state and local govts. |
| d. The Civil Rights act of 1991: | allows for the awarding of punitive damages regarding civil rights violations under certain conditions based on the number of employees a company has.it is a significant development in the civil rights movement and influences behavior |
| Affirmative Action | An active effort to improve emplyment or educational opportunities for minorities. This includes ensuring equal opportunity as well as redressing past discrimination. |
| Reverse Discrimination | The label often attached to the preferential treatment received by minority groups. |
| Quotas | Numbers put into place as part og goals and objectives in affirmative action plans. |
| Consent decree | An agreement binding an agency to a particular course of action for hiring and promoting minorities. |
| Double Marginality | The simultaneous expectation by white offiecers that African American officers will give members of their own race better treatment and hostility from the African American community that black offivers are traitors to their race. |
| What was it presumed about females that they could not do police work prior to the 1970s? | was based on a fear that they could not do police work effectively because of their gender and size. |
| Why was the Knapp Commission created? | Commission created in 1970 to investigate allegations of widespread organized corruption in the NYC police department. |
| What is Noble Cause corruption? (referred to as Dirty Harry) How prevalent is it? | The Noble Cause Corruption stems from ends-oreiented policing and involves police officers bending the rules to achieve the “right” goal of putting a criminal in jail. (officers bend the rules to attain the “right” result) |
| What is the Wickersham Commission? | noted the problem of police lawlessness and abuses to obtain confessions. |
| What is the purpose of Internal Affairs? | The unit of police agency that is charged with investigating police corruption or misconduct. (police who police the police) |
| Is domestic violence a problem for police families? | yes, some studies indicate that domestic violence may be more prevalent in police families than in the general public. |
| Define police brutality. | when officers exceed this necessary level of force to achieve compliance, they are using excessive force. Excessive force occurs when an officer uses more force than is necessary to counter a subject’s resistance. |
| What is a tort? | A tort is a private wrong, as opposed to a vrime that is considered a public wrong. |
| What is the purpose of 42 USC 1983? | was originally known as Section 1 of the Ku Klux Klan Act, enacted by Congress as a means of enforcing the Fourteenth amendment guarantee of rights to the newly freed slaves. |
| Grass eaters : | officers do not actively seek out bribes, but will accept them if confronted. |
| Meat eaters : | officers that are more aggressive and will seek out opportunities to exploit for financial gain |
| What is biased-based policing? | any police-initiated activity that relies on a person’s race or ethnic background rather than on behavior as a basis for identifying that individual as being involved in criminal activity. |
| Who was Aristotle? | he defined virtue as what he called the Golden Mean or Nicomachean Ethics. This philosophy suggests that life circumstances trigger a natural range of response that includes a mean between excessive and defective responses. |
| What is oleoresin capsicum? | pepper spray |
| Brown v. Board of Educatoin of Topeka, KS 1954 | was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students and denying black children equal educational opportunities unconstitutional. |
| Plessy v. Ferguson | upholding the constitutionality of state laws requiring racial segregation in private businesses (particularly railroads), under the doctrine of "separate but equal". |
| Regents of the University of California v. Bakke | permissible scopefactors in an admissions program, but only for the purpose of improving the learning environment through diversity in accordance with the university's constitutionally protected First Amendment right to Academic Freedom |
| What is the Carl Klockars solution to police brutality? | an agencies culture of integrity may be more important in shaping the ethics of police officers than is the hiring of the right officers. |
| The ideal way for police agencies to handle the deviance and corruption issue is through | prevention |
| acts involving misuse of authority by a police officer in a manner designed to produce personal gain for the officer or others | corruption |
| subject to punishment for a crime | criminal liability |
| the study of what constitues good or bad conduct | ethics |
| potential liability for payment of damages as a result of a ruling in a lawsuit | civil liability |
| also referred to as civilian review or external review. A method that allows for the independent citizen review of complaints filed against the police through a board or committee that independently reviews allegations of misconduct | citizen oversight |
| police departments must do all they can to prevent | police deviance |
| Carl B Klockers defines corruption as | the abuse of police authroity for personal or orgainzational gain. |
| we must have police comply with | the same law they are paid to enforce. |
| traits common to most police officers | police personality |
| a combination of shared norms, values, goals, career patterns, life styles, and occupational structures that is somewhat differnent from the combination held by the rest of society | police culture or police subculture. |
| a concept developed by William Westley that claims that police officers only trust other police officers and do not aid in the investigation of wrongdoing by other officers | blue curtain. |
| police subculture leads to | police personality |
| suicide rate for police officers is | 3 times that of the general population |
| deadliest decade for law enforcement | the 1970s |
| who has attempted to explain the high rates of suicide among police officers | leonard territo and harold J vetter |
| job related issues that contribute to family dysfunction in police familes | family disruption because of rotating shifts, unpredictable work environment , job related personal change and family relationships, community expectations and demands, intrusion of family life |
| policing is a | lifestyle |
| the avg life expectancy of a police officer is | 57 years |
| many factors lead to stress in police work including | poor training, substandard equipment, poor pay, lack of opportunity, role conflict, exposure to brutality, fears about job competence and safety and lack of job satisfaction |
| stress produced by interpersonal characteristics of belonging to the police organization such as dificulties in getting alongwith other officers | personal stress |
| stress produced by the need to confront the tragedies of urban life: the need to deal with derelicts, criminals, the mentally disturbed, and the drug addicted | operational stress |
| stress produced by elements inherent in the quasi-military character of the police service (also results from workplace conditions, the lack of influence over work activities and workplace bias) | Organizational stress |
| stress produced by real threats and dangers | external stress |
| the american institute of stress ranked police work | amond the top 10 stress producing jobs in the U.S. |
| stress | weakens and disturbs the body |
| the policeman's role contains two principal variables | danger and authority |
| alcohol is part of | police culture |
| most agencies in this area do not have | in service training |
| police do not use force | frequently |
| more serious the crime then | less discretion |
| cop needs to know | bill of rights |
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