How would you define constitutional policing and legitimacy? ? ?What are the purposes of, and restrictions on police use of

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Module 8 Lecture Notes

The Constitution as “Boss” •    Constitutional policing: Police policies and practices are intended to protect citizens’ rights and provide equal protection under the law •    Police legitimacy: The extent to which the community believes that police actions are appropriate, proper, and justified

Police Use of Force, Generally Legitimate Purposes •    The right of self-defense •    The power to control those for whom one is responsible •    The authority of police to use force as necessary

Legal restrictions  •    Common law permitted the use of deadly force to apprehend any fleeing felony suspects •    Tennessee v. Garner (1985) greatly curtailed the use of deadly force 

Use-of-Force Continuums •    Basic force continuum a “ladder” •    Because sequential “ladder” is too simplistic, many agencies now require officers to be “objectively reasonable” •    FBI’s dynamic resistance response model (DRRM)

Police Brutality •    Three means by which police may be brutal: physical abuse, verbal abuse, symbolic brutality •    Includes wide range of practices, from abusive language to violence

Police Shootings: Conundrum and Controversy •    Police shootings can inflame communities, raise tensions America’s Angst •    Number of fatal police shootings has been consistent over time, approaching 1000 persons per year •    Incidents involving minorities may heighten tensions, lead to charges of racism against police agency

Updates on Two Movements: Black Lives Matter and Blue Lives Matter •    Black Lives Matter (BLM) —national movement calling attention to police use of deadly force against the Black community •    Blue Lives Matter—response to BLM drawing attention to dangers of police work

The Early Intervention System: Identifying Problem Employees •    EIS is a computer database management tool designed to identify officers whose behavior is problematic •    Usually housed within Internal Affairs Units

Police Ethics •    Accountability for police actions

Definitions and Types of Problems •    Absolute ethics •    Relative ethics •    Double effect •    Noble cause corruption / Dirty Harry problem

Police Corruption History: Long-Standing “Plague” •    Oldest and most persistent problem in American policing •    Knapp Commission (1973) meat eaters vs. grass eaters •    Corruption not limited to monetary gain: Gains may include services received, status, influence, prestige, future support for officer or another    Types and Causes •    Factors contributing to police corruption: Rapid hiring of personnel; Civil service and union protection; Temptations from money and sex •    Rotten apple theory and environmental theory •    External vs. internal corruption •    Forms of corruption (“blue-coat crime”) •    Most common and extensive form of corruption is receipt of small gratuities or tips

Code of Silence •    Involves keeping quiet in face of misconduct by other officers •    Hardest element to overcome in fight against police corruption

Investigation and Prosecution •    Hobbs Act (1970) •    Federal perjury statute and federal false sworn declaration statute are also used by prosecutors in investigating public corruption

Limitations on Officers’ Constitutional Rights •    Officers may have to give up certain rights in connection with investigation of on-duty misbehavior or illegal acts •    Free Speech •    Searches and Seizures •    Self-Incrimination •    Religious Practices •    Sexual Misconduct •    Residency Requirements •    Moonlighting •    Misuse of Firearms •    Alcohol and Drug Abuse

Brady Material •    Brady v. Maryland (1963): Accused has the right to any exculpatory evidence in a criminal case •    Department must advise prosecutor if officer has credibility issues because prosecutor must disclose this to the defense

Disciplinary Policies and Practices •    Maintenance of public trust extremely important •    Discipline applied in two key areas: Employee misconduct; Violations of policy

Due Process Requirements •    Protections apply to any disciplinary action that can affect employee’s reputation or future chances for special assignment or promotion

Complaints •    Personnel complaint is an allegation of misconduct or illegal behavior •    Internal vs. external complaints •    May be handled formally or informally •    Categories of complaints •    Complaint process •    Complaint dispositions •    Officer appeals

Level of Discipline and Type of Sanction •    Discipline type/level must be decided when investigation sustained •    Types of sanctions

Civilian Review Boards and Qualified Immunity: Blessing or Curse? Extent and Rationale •    Civilian/citizen review boards theoretically provide independent and transparent oversight of policing Distrust and Debate •    Police argue that the boards are often politicized and unfair to them •    Establishment and power of boards can be tricky •    Qualified immunity: a legal doctrine that shields government officials from being sued for discretionary actions performed within their official capacity, unless they violate some constitutional right.