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Day 6: Police Organization, Role and Function

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Day 6: Police Organization, Role and Function. Chapter deal ... combines & confuses 3 different jobs: detectives, evidence technicians, and scientific analysts ... – PowerPoint PPT presentation

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Title: Day 6: Police Organization, Role and Function


1
Day 6 Police Organization, Role and Function
  • Chapter deal with three related questions about
    police departments
  • What are police supposed to do? (Mission
    Mandate)
  • What do they actually do? (Police Role
    activities)
  • What is the organization context of policing?
    (Organizational structure)

2
1. Police Mission What are police supposed to do?
  • Police work has multiple goals
  • Law enforcement
  • Order Maintenance
  • Public Service
  • Problem solving
  • Protection
  • Note
  • Lack of agreement about goals
  • Goals may be mutually conflicting
  • Goals are broad diffuse

3
1. Closely related to Police Mission ? the
Police Mandate
  • Mandate Mission X Authority
  • Authority to
  • Use coercive methods
  • Search and seizure
  • Use force and weapons
  • Demand compliance
  • Use other extraordinary methods
  • If Mission is inconsistent, then police mandate
    is impossible (a no-win task)

4
2. Police Role What Police Do
  • The Functions and Activities by which police
    seek to carry out their mission
  • Patrol Function
  • Investigation Function
  • Support Function
  • Special Services
  • Other functions? -- Intelligence Interdiction
  • Policing Styles refer to strategies by which
    police carry out the functions and define their
    roles

5
2. Police Role
  • Distinctive features of Police Role that
    influences nature of police work
  • Need for quick decisions
  • Discretion and independence
  • Dirty work
  • Conflict opposition
  • Danger

6
2. Police Role Styles
  • Organizational Styles (J.Q. Wilson)
  • Legalistic style arrest-oriented
  • Watchman style problem-solving-oriented
  • Service style service-provision-oriented
  • Individual Officer Styles (J. Broderick)
  • Enforcers emphasize order
  • Idealists emphasize order due process
  • Optimists emphasize due process
  • Realists emphasize neither

7
2. Police Role Styles
  • What determines the style of policing?
  • Individuals who fill the role
  • Organizational format
  • Community context
  • Political/Legal context
  • Technology
  • Broader cultural setting

8
2. Police Role (cont.)
  • Patrol Function the most basic and universal
    part of policing (the heart of policing?)
  • Almost all officers enter policing as patrol
  • Small depts all officers are patrol
  • Large depts largest number of officers patrol
  • Different kinds of patrol activities
  • General patrol
  • Focused patrols
  • Areas (hot spots)
  • Activities (drug trade vice gangs special
    problems)
  • Traditional patrol methods in-vehicle
  • Advantages and disadvantages?
  • Alternative methods foot bike boat horse

9
2. Police Role -- Patrol (cont.)
  • Proactive vs. Reactive Patrol?
  • Reactive responding to reports of crime
  • Most crimes identified through citizen calls
  • Response time critical factor?
  • Proactive efforts to prevent crime
  • Aggressive patrols making arrests stops
  • Deterrent patrols being visible
  • Problem-solving patrols identifying troubles
  • Outreach patrols connecting to community

10
2. Police Role -- Patrol (cont.)
  • Experiments and Research on Patrol Strategies
  • Kansas City experiment (deterrent patrol)
  • Other studies of aggressive and targeted patrol
    show more success (but not always)
  • Avoid simple general conclusions (as text
    suggests)
  • The results have been mixed and complex
  • Drawing strong conclusions from New York results?
    Other cities?

11
2. Police Role
  • Investigative Function collecting information
  • To solve crimes and identify suspected offenders
  • To collect evidence and witnesses for prosecution
  • General Investigation
  • By patrol officers (first-responders) most
    critical?
  • By detectives (following up on incident report)
  • Half of cases are dropped not investigated
  • Most investigations last only a few days
  • Most crimes are not solved by detective work or
    crime scene analysis (robberies burglaries
    thefts arsons)
  • What about CSI? combines confuses 3 different
    jobs detectives, evidence technicians, and
    scientific analysts

12
2. Police Role -- Investigation (cont.)
  • Focused or targeted investigations
  • By detectives in special units or tasks
  • Limited to specific types of crimes or problems
  • Drugs vice financial crimes fraud cybercrimes
  • Proactive investigations
  • Undercover
  • Stings
  • Raise considerable legal and practical questions
    (e.g., entrapment corruption misconduct)

13
2. Police Role -- Investigation (cont.)
  • Research on Investigation tactics reveals
  • Most cases unsolved
  • Most investigations very brief
  • Initial investigations by patrol officers
    critical
  • Delay in calling police critical (greatly
    reduces chances of solving case)
  • Technology is valuable in some cases but
    over-rated in most

14
2. Police Role (cont.)
  • The Traditional Policing Model Overview
  • Quasi-military framework
  • Strong emphasis on law enforcement (over service
    and order maintenance)
  • Primary emphasis on reactive, coercive actions
  • Police officers defined as detached professional
    crime-fighters
  • Strong reliance on technology

15
2. Police Role (cont.)
  • Criticisms of Traditional Model
  • Generates police agency as a closed system
    (leading to an us-versus-them orientation)
  • Contrary to democratic traditions
  • Authoritarian structure produces cynicism,
    either-or thinking, and informal evasions
    routine deviance
  • Rigid rank structure undermines job satisfaction
  • Warfare framework generates discrimination
    (profiling), coercion (brutality), community
    conflict
  • Male-oriented and male-dominated
  • Ineffective in protecting and serving community

16
2. Police Role (cont.)
  • Alternatives to the Traditional Model?
  • Change police officers selection education
  • Change policing styles patrolling uniforms
    coworking
  • Change management styles TQM
  • Change police-community relations DARE
  • Change police-management relations civil
    service unionization
  • Change organizational structures hierarchy,
    centralization, communication, divisions

17
2. Police Role (cont.)
  • Many tweaks variations have been tried (but
    none have been permanent)
  • Most likely alternative Community Oriented
    Policing (C.O.P.)
  • Different model of social control policing
  • Redefinition of focus of good policing
  • Focus on (a) community collaboration (b)
    problem-solving
  • Implies a different model of police organization
    and operation?

18
2. Police Role (cont.)
  • Implementation of C.O.P.
  • Initial promotion and acceptance of COP
  • Academic and professional advocates
  • Cynics and Critics view it as LGT
  • Federal COPS program created in 1996
  • Widespread adoption of elements of COP
  • Few full implementations of COP (exception in
    limited, favorable situations)
  • Very little meaningful research on COP
  • Future of COP? At odds with Homeland Security
    shift?

19
2. Police Role (cont.)
  • Other notable (popular?) approaches
  • Zero-tolerance policing suppression and
    order-maintenance enforcement
  • COMPSTAT statistics and data-driven policing ?
    policing through MIT

20
3. Organizational Structure
  • Agency size as major dimension
  • Military framework as dominant feature
  • Hierarchical rank structure
  • Closed system
  • Impersonality
  • Formalization
  • Professionalization
  • Military culture group cohesion use of force
  • Bureaucratic organization as a key variable
  • Division of labor specialization
  • Emphasis on standardization accountability

21
4. Legal Limitations on Police behavior Major
Issues
  • Search and seizure
  • 4th Amendment concerns
  • Interrogation and Incrimination
  • 5th Amendment concerns
  • The Exclusionary Rule

22
a) Legal Searches Seizures
  • Key issue 4th Amendment
  • The right of the people to be secure in
    their persons, houses, papers, and effects,
    against unreasonable searches and seizures, shall
    not be violated, and no warrants shall issue, but
    upon probable cause, supported by oath or
    affirmation, and particularly describing the
    place to be searched, and the persons or things
    to be seized.

23
a) Legal Searches Seizures
  • Searches with a Warrant
  • Obtaining a legal warrant ? probable cause
    specificity (what where)
  • Executing a warrant ? some limits on where when
  • Warrantless Searches
  • Searches incident to lawful arrest
  • Consent searches most common type of search
  • Plain view searches
  • Stop and Frisk
  • Automobile searches
  • Open fields abandoned property
  • Seizures refer to the evidence obtained may
    be people or things

24
b) Interrogations
  • Key issue 5th amendment protection against
    self-incrimination
  • No person . . . . shall be compelled in any
    criminal case to be a witness against himself,
  • For police, this applies to interrogations where
    person may supply self-incriminating info (or to
    voluntary biological/physical tests)

25
b) Interrogations (cont.)
  • Two major forms of interrogation
  • Custodial (in-custody) interrogation
  • Physical or Constructive custody
  • Miranda v. Arizona (1963) the key
  • Field interrogation ? lesser degree of intrusion
    (stop-and-frisk actions)
  • Reasonable suspicion applies here
  • Self-identification requirement as an evolving
    issue
  • Also applies to physical/medical tests
  • Depends on degree of intrusion
  • DUI ? implied consent

26
b) Interrogations (cont.)
  • Is Miranda always required?
  • When is it not required?
  • General on-the-scene questioning
  • Statements volunteered
  • Questioning of witnesses
  • Field stops (stop and frisk cases)
  • Routine questions of drunk-driving suspects
  • During line-ups and photo-ID sessions
  • Statements to private persons
  • Suspect appearing before grand jury
  • A situational threat to public safety

27
c) What happens if search/seizure are illegal
?The Exclusionary Rule
  • Exclusionary Rule means Evidence seized
    illegally (as result of illegal search) cannot be
    used to gain conviction
  • ER was introduced in 1914 (Weeks v. U.S.) to
    apply only to federal police actions
  • Extended to local police Mapp v. Ohio (1961)
  • Has been subsequently moderated in later
    decisions (see discussion in the text)
  • Exceptions to Exclusionary Rule?
  • Impact of Exclusionary Rule on enforcement?

28
c) Exceptions to Exclusionary Rule
  • Good Faith exception
  • Inevitable Discovery exception
  • Harmless Error exception

29
d) Exclusionary Rule Evaluated
  • Reasons for the rule?
  • Argument against the rule?
  • Actual effects of Exclusionary Rule on policing?
  • Substantial impact on standardization of police
    practices
  • Little impact on enforcement outcomes
  • Effects appear to be largely symbolic

30
Evolving legal context of policing?
  • 20th Century
  • Explication of federal limits on policing
  • Application of federal restrictions to local
    police (Warren Court)
  • Moderation reduction in restrictions (Berger
    Court Rehnquist Court)
  • 21st Century
  • Continued moderation of restrictions on police
    (Roberts Court)
  • Impact of anti-terrorism legislation has further
    reductions in legal restrictions
  • Future changes?

31
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