Police Issues and Practices In utrumque paratus/Seu versare dolos seu certae occumbere morti....

Police Issues and Practices

In utrumque paratus/Seu versare dolos seu certae occumbere morti.

[Prepared for either event, to set his trapsor to meet with certain death.]

—VIRGIL, 70-19 B.C.E.

CHAPTER FIVE

Justice Administration: Police, Courts, and Corrections Management, 6/eKenneth J. Peak

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2

LEARNING OBJECTIVES At the conclusion of this chapter, the student will:

know the types of abuse of authority, and what administrators and supervisors must do tomanage the use of force

be able to explain what is meant by contagious shootings and suicide by cop

be able to explain why some police leaders are moving away from the traditional use of force continuum, and the elements of the dynamic resistance response model (DRRM) thatsome are proposing be utilized in its place




know how and why the issue of police vehicle pursuits has been raised to a high level of con-cern by police executives, managers, and supervisors, and related decisions of the U.S. Supreme Court

understand the definition and ramifications of biased policing and some supervisory challenges that are involved

determine how far women and minorities have come in terms of their representation in policing, and how far they have to go before law enforcement agencies can achieve higher levels of diversity

(cont.)




understand how and why police agencies are stretching their resources through contract, consolidated, and civilianized services

know how the police can achieve positivemedia relations

have a fundamental understanding of shift workand scheduling and its effects on police officers

understand the effects of military leave on police administration, as well as its legal provisions

(cont.)



Managing the Use of ForceIssues And Practices

The 1991 Rodney King case and others similar to it raise the question in the public mind of how often such incidents occur that are not videotaped.

Such celebrated cases are comparatively rare; most instances of brutality involve relatively minor abuse. these incidents raise the collective ire of all Americans

Regardless of the type of force used, police officers must use it in a legally acceptable manner.

The U.S. Supreme Court ruled that the use of force at arrest must be [o]bjectively reasonable in view of all the facts & circumstances of each particular case.



A Typology of Abuse of Authority

Physical Abuse And Excessive Force - use of physical force results in substantial public scrutiny. All officers are judged by actions of one or a few.

Verbal And Psychological Abuse - officers at times inflict verbal and psychological abuse on citizens by berating or belittling them.

Legal Abuse And Violations Of Civil Rights -police actions violating citizens’ constitutional or statutory rights. (false arrest, harassment)

Officers should provide the same level of services to all citizens, and use consistent decision-making criteria when deciding to make an arrest.



Reporting and Examining Use-of-Force Occurrences

To identify/monitor force, law enforcement agencies need a comprehensive data collection strategy.

Administrators should implement control-of-persons reports, requiring supervisors to go to the scene ofall incidents when officers use force.

Regardless of the data collection method used,it is important that officers receive proper trainingon when and how reports should be completed.

The best way to examine force used is to understand the sequence of events & stages of resistance and officer force applied.



Concerns with the Traditional Use-of-Force Continuum, and a New Approach

A linear use-of-force continuum contains five escalating steps: officer presence/verbal direction, touch control,

empty-hand tactics & chemical agents, hand-held impact weapons, and lethal force

The question remains: How much force is reasonable for a police officer to use against a suspect?

A new approach to determining proper use of force has recently been developed by two special agents of the Federal Bureau of Investigation.



Figure 5.1 Dynamic resistance response model. Source: From Charles Joyner and Chad Basile, “The Dynamic Resistance Response Model,” FBI Law Enforcement Bulletin, September 2007, p. 19.

The dynamic resistance response model (DRRM) combines a use-of-force continuum with behaviors of suspects.

dynamic indicatesthe model is fluid

resistancedemonstratesthe suspectcontrolsinteraction



Contagious Shootings

Nothing can inflame a police executive’s community and raise tensions like police shootings.

In police parlance contagious shootings—is gunfire that spreads among officers who believe they, or their colleagues, are facing a threat. often leads to an outcry from community leaders

or family members incidents involving minority groups will heighten

tension and lead to charges of racism against the entire police agency

Police abuse remains one of the most serious and divisive human rights violations in the United States.



Suicide by CopTwo-Tier Investigation

Police agencies to recognize suicide by cop and to track incidents, it is recommended that two steps take place when such an incident appears to have occurred:

Reporting procedure - the reporting officer should list in detail in the initial offense report specific elements observed at the scene.

Classifying procedure - an officer or unit with expertise in the use of deadly force incidents makes the final determination of whether a suicide-by-cop incident has occurred.



Suicide by CopExample, Extent & Definition

Defined as “an act motivated in whole or in part by the offender’s desire to commit suicide that results in a justifiable homicide by a law enforcement officer. represents a burgeoning area of use of force &

violence both against and by the police. Although difficult to measure, one study found that

such incidents accounted for 11 percent of all deputy-involved shootings and 13 percent of all deputy-involved justifiable homicides.

The report concluded that suicide by cop constitutes an actual form of suicide.



Vehicular Pursuits

Vehicular pursuits are also related to police use of force and pose great concern to police leadership.

Vehicular pursuits involve a delicate balancing act. to show flight from the law is no way to freedom a ban on high-speed pursuits, degrades credibility

with both law-abiding citizens and law violators One police trainer tells officers to ask: “Is this person

a threat to the public safety other than the fact that the police are chasing him?” if the officer cannot objectively answer “yes,”

the pursuit should be terminated



Vehicular Pursuits

The field supervisor is responsible for ensuring proper methods are used during pursuits, and two elaborate methods of termination may be used:

Boxing - three police vehicles are positioned during the chase at the front, rear, and side of the suspect’s vehicle. This technique can result in damage to any or all of the vehicles involved.

Precision immobilization technique - involves a police vehicle making contact with the suspect’s vehicle. The officer gently pushes one of the rear quarter panels of the suspect vehicle to displace its forward motion, causing it to spin.



Vehicular Pursuits

Oversight of pursuits enables a third, neutral party, the supervisor, to guard against what has been termed a pursuit fixation.

Supervisors need to set the rules on what will be tolerated and what level of performance is expected.

Liabilities associated with police pursuits shouldbe a primary concern of every police chief executive.

The development of pursuit policies and officer and supervisor training can help to protect agencies against liability suits.



Vehicular PursuitsFactors Considered by the Courts

Reason for the pursuit & driving conditions. Excessive speed; use of police warning devices. Demonstration of due regard in officers’ actions. Use of deadly force. Departmental policy & state law. Appropriate supervision and training.



Challenges with Biased Policing

A contemporary hot-button issue in which police find themselves open to criticism and even disciplinary action involves bias-based policing. also known in the past as racial profiling

This issue has driven a wedge between police and minorities, who claim to be victims of this practice.

Many people remain convinced the justice system unfairly draws minorities into its web and that police methods are at the forefront of this practice.

Many police executives defend such tactics as an effective way to focus their limited resources on likely lawbreakers.



Leadership Challenges

Law enforcement executives know that often, with the implementation of new policies, they fade from memory unless reprised in mandatory training. with biased policing, ignoring policy is very unwise

Legislatures of many states have compelled officers to comply with legal and organizational requirements of new laws concerning biased policing.

Supervisors need to prepare for countermeasures designed to minimize the officers’ discomfort. work slowdowns, defiance, “going underground,”

“balancing” or “ghosting,” and behaviors summed up as “badmouthing” are harbingers of future problems



Women Wearing the Badge

Women represent about 14.5% of sworn personnel in municipal agencies, 13.5% in county and 8.2% percent in small agencies.

State agencies have a much lower percentage of female officers than local/federal, at 6.8%

Discrepancy is more evident in the leadership ranks. women number 1% percent of police chiefs in the US

The number of women serving as chiefs has expanded considerably, evidence that today’smayors are looking for CEOs who can oversee large budgets, negotiate thorny management problems, and set sound department-wide policy.



Women Wearing the BadgeKey Issues

Recruitment - unfocused, random recruiting is unlikely to achieve diversity.

Preemployment physical testing - agencies should examine their physical tests to determine the reasons women are disproportionately screened out.

Academy training - recruits must be trained in sexually integrated academy classes.

Field training - women should also serve as FTOs. Assignments - agencies must review assignments

of all probationary officers to ensure they have an equal opportunity to become effective officers.




Promotions - performance evaluations and the overall promotional system utilized by agencies should be scrutinized for gender bias.

Harassment and discrimination - departments need to have policies in place concerning sexual harassment and gender discrimination. and they need to enforce them




Mentoring - formal mentoring programs have helped some agencies raise retention rates for women.

Career and family - police agencies should havea leave policy covering pregnancy and maternity leave.

As the community-oriented policing and problem-solving concept continues to expand, femaleofficers can play an increasingly vital role.



Minorities as Law Officers

Recruitment of minority officers also remains a difficult task.

Probably the greatest problem is the negative image that police officers have in the minority communities.

Police officers have been seen as symbols of oppression and have been charged with using excessive brutality.

Black officers face problems similar to women who attempt to enter and prosper in police work. blacks considering a police career may be encouraged

by a survey of black officers, finding most found their jobs satisfying & offering advancement



Stretching ResourcesContracting, Consolidating & Civilianizing

Police agencies employing fewer than 10 sworn employees should consolidate for improved efficiency and effectiveness.

Two means by which this can and is being doneare Contract and Consolidated Policing.

Like contract and consolidated police services, civilianization can free sworn officers for critical police work.

Police chief executives must be mindful of the potential for friction and poor officer morale.



Police–Media Relations

News dissemination is a delicate undertaking forthe police chief executive officer.

The CEO or his/her designee must know what kind & how much information to divulge to media outlets.

Many police executives can speak of the result of failing to develop an appropriate media relationship.

Reliable information flow is crucial to the success of a major investigation.

Ability to collect, analyze, and disseminate tips, leads, intelligence, and criminal histories can mean the difference between a quick apprehension and a prolonged, frustrating effort.



Preparing Future Leaders withSuccession Planning

An essential part of every chief’s job is to prepare colleagues for the next advance in their careers.

Chiefs need to take a long view and look at succession planning & leadership development.

A number of excellent police promotional academies and management institutes exist for developing chief executives, middle managers and supervisors.

Agencies themselves can provide skill development opportunities.

Individuals can lay plans for the future through their own professional activities.



Preparing Future Leaders withSuccession Planning

CompStat provides a major inherent opportunity in the development of leaders.

When used effectively for accountability and problem solving, CompStat can be a means for developing potential leaders and promoting cooperative and creative leadership.

The CompStat podium can also be a place where new and hopeful supervisors and officers aspire to stand someday.



Shift Work and SchedulingProblems and Practices

Police organizations are bound by their 24-hour responsibility to public problems to deploy in shifts.

Research on shift work suggests administrators carefully consider benefits and hazards of various shift schemes. night shift work has been associated with three times

as many on-the-job accidents The supervisor’s and manager’s primary task is

considering a schedule that meets the needs of the department and the employee.



Why Shift MattersEffects of Shift Work & Sleep Deprivation

Shift work and sleep deprivation is a major problem. tired police officers are a national reality

The whole idea of shift scheduling becomes more important when viewed in light of physiological effects of sleep & rest deprivation on police officers.

Officers with sleep disorders should seek medical attention from specialists in that field, and obtain strategies and possibly medication to help them cope with the symptoms of SWSD. (Shift Work Sleep Disorder)



Why Shift MattersAdvice for Administrators

A system of steady shifts with selection based, at least in part, on fair and equitable criteria such as seniority grade.

A steady midnight shift in which the workweek is limited to 4 consecutive days.

Redeployment of personnel so that only therequired minimum number of officers and supervisors are on duty from 2 a.m. to 6 p.m.

In general, no changing of shifts within a time period should be permitted without making allowances for proper rest.



Effects of Military Leave

State and federal laws require employers to provide this leave of absence for activated personnel, as well as medical benefits and reemployment rights.

Although call-ups are typically for 6- to 12-month deployments, some may be longer. impact of such military leave on agencies

serving small jurisdictions can be severe A major concern for the veteran is whether or not

he/she will be earning the same salary as well as enjoying other civilian benefits that were in place.

Many cities and counties are also sensitive to this issue.



SUMMARY

This chapter issues that will continue to challenge law enforcement administrators for years: managing the use of force; biased policing; women and minorities in law enforcement; contract, consolidated, and civilianized services; police-media relations; succession planning; shift configuration and scheduling; and military leave.

Perhaps just as important as having administrators today who understand and deal with these problemsare the subordinates of tomorrow.

Those who will lead in the future must attempt to understand how to address these issues.

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