Chapter 11Chapter 11

Issues Concerning Police Issues Concerning Police ConductConduct

Police discretion is the freedom of an Police discretion is the freedom of an agency or individual officer to choose to act agency or individual officer to choose to act or not. Whether such discretion is positive or not. Whether such discretion is positive or negative is an issueor negative is an issue

Discretion might be viewed on a continuum Discretion might be viewed on a continuum form low to high. Low-discretion situations form low to high. Low-discretion situations include those involving routine activities include those involving routine activities such as executing a search warrant, such as executing a search warrant, responding to a citizens complaint or seeing responding to a citizens complaint or seeing an obvious violation of the law, for example, an obvious violation of the law, for example, a motorist running a red light.a motorist running a red light.

High-discretion situations are less High-discretion situations are less clear cutclear cut

Example, responding to a call from a Example, responding to a call from a citizen reporting a fight going on citizen reporting a fight going on next door.next door.

Upon arrival, officers must determine Upon arrival, officers must determine what the situation is and sort our what the situation is and sort our who is the victim and who is the perp who is the victim and who is the perp or if both are at fault.or if both are at fault.

There is much controversy over whether There is much controversy over whether study results indicate a pattern of systematic study results indicate a pattern of systematic discrimination or a disparity that is related to discrimination or a disparity that is related to other factors such as involvement of crime.other factors such as involvement of crime.

Profiling:Profiling: Racially biased policing is at its core a human Racially biased policing is at its core a human

right issue.right issue. It is not solely a “law enforcement” issue, but It is not solely a “law enforcement” issue, but

rather a problem that can be solved only through rather a problem that can be solved only through police-citizen partnerships based on mutual trust police-citizen partnerships based on mutual trust and respect.and respect.

Use of Force:Use of Force: If there is no resistance, no force should If there is no resistance, no force should

be used.be used. Force also includes police dog bites, Force also includes police dog bites,

unconsciousness-rendering holds, unconsciousness-rendering holds, handcuffs, and leg restraints, chemical handcuffs, and leg restraints, chemical agents, electrical devices (Taser) and agents, electrical devices (Taser) and firearm pointed in a citizens direction or firearm pointed in a citizens direction or the threat to carry out any of these the threat to carry out any of these types of force.types of force.

Subject intoxication appears to be a Subject intoxication appears to be a substantial predictor of police use of substantial predictor of police use of force during a traffic stop.force during a traffic stop.

The Use of Force Continuum:The Use of Force Continuum:No force with cooperative person to No force with cooperative person to

ordinary force used with a person who is ordinary force used with a person who is resisting’ to extraordinary force-used resisting’ to extraordinary force-used with an assaultive person.with an assaultive person.

Reasonable Force:Reasonable Force: Graham v. ConnerGraham v. Conner

Graham was diabetic and needed juice. A Graham was diabetic and needed juice. A friend drove him to the store. The line was friend drove him to the store. The line was to long so he hurried out. An officer saw and to long so he hurried out. An officer saw and was suspicious. Officer stopped and refused was suspicious. Officer stopped and refused to provide the sugar he needed or listen to to provide the sugar he needed or listen to Graham. Graham sustained a broken foot, Graham. Graham sustained a broken foot, cuts on his wrists, a bruised forehead and cuts on his wrists, a bruised forehead and injured sholder.injured sholder.

Excessive Force:Excessive Force: The application of an amount and/or frequency The application of an amount and/or frequency

of force greater than that required to compel of force greater than that required to compel compliance from a willingness or unwilling compliance from a willingness or unwilling subjectsubject

Less-Lethal Force:Less-Lethal Force: Force is needed but deadly force is too extremeForce is needed but deadly force is too extreme Mace, tear gas, oleoresin capsicum (OC) pepper Mace, tear gas, oleoresin capsicum (OC) pepper

spray, taser, projectile launchers and spray, taser, projectile launchers and beanbags, flexible baton rounds designed to beanbags, flexible baton rounds designed to deliver blunt traumadeliver blunt trauma

Chemical agents such as CS and CN Chemical agents such as CS and CN (tear gas) are less lethal weapons (tear gas) are less lethal weapons effective for crowd control.effective for crowd control.

Less-lethal can still be lethal.Less-lethal can still be lethal. Deadly Force:Deadly Force:

Justification for use of deadly force must Justification for use of deadly force must consider not only the legal right, but consider not only the legal right, but also the need to apprehend the suspect also the need to apprehend the suspect compared to the arresting officer’s compared to the arresting officer’s safety and the value of human life.safety and the value of human life.

Ability, Opportunity and Jeopardy must be Ability, Opportunity and Jeopardy must be present to justify use of deadly force.present to justify use of deadly force.

Civil Liability: Civil Liability: Today concern for civil liability is quiet evident in Today concern for civil liability is quiet evident in

law enforcement agencies’ policy and practices.law enforcement agencies’ policy and practices. Corruption: Slippery SlopeCorruption: Slippery Slope O.W. Wilson says that something seemingly O.W. Wilson says that something seemingly

insignificant can put an officer on a slippery insignificant can put an officer on a slippery slope leading to major crimes.slope leading to major crimes.

The slippery slope often begins with an The slippery slope often begins with an officer accepting gratuities, tokens of officer accepting gratuities, tokens of appreciation.appreciation.

Ethics: moral behavior, doing what is Ethics: moral behavior, doing what is considered right and justconsidered right and just

Code of Ethics: include responsibilities of Code of Ethics: include responsibilities of officer, confidentiality, integrity, officer, confidentiality, integrity, cooperation with other officers and cooperation with other officers and agencies, personal-professional agencies, personal-professional capabilities and even private life.capabilities and even private life.

Integrity is a series of concepts and beliefs Integrity is a series of concepts and beliefs that provide structure to officers’ that provide structure to officers’ professional and personal ethics. professional and personal ethics. Include: honesty, honor, morality, allegiance, Include: honesty, honor, morality, allegiance,

principled behavior, and dedication to missionprincipled behavior, and dedication to mission Three areas in which to enhance police Three areas in which to enhance police

integrity and reduce corruption are:integrity and reduce corruption are: Applicant selection processApplicant selection process Consistent reinforcement of valuesConsistent reinforcement of values Anticorruption posture of checks and balancesAnticorruption posture of checks and balances