Criminal Justice - Police Problems
- Criminal Justice
- Texas A&M University
- 17 pages
- Shared March 2026
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Study Guide Criminal Jus Ɵ ce – Police Problems 1. Police Brutality 1.1 What Is Police Brutality? By law, police officers are allowed to use force when necessary. This can include making an arrest, maintaining order, or keeping the peace. However, deciding how much force is appropriate in a given situation is not always clear. When an officer uses more force than the law allows , it becomes illegal. Criminologists Jerome Skolnick and James Fyfe define police brutality as a conscious and deliberate act by a police officer against suspects who are usually members of powerless social groups , such as racial minorities or homosexuals. In these cases, force is not accidental — it is intentional and excessive. 1.2 How Common Is Police Brutality? Most incidents of police brutality are never reported . Many victims fear retaliation or believe that filing a complaint will not lead to real action. In 1982, the federal government funded a major study called the Police Services Study . Researchers interviewed over 12,000 randomly selected citizens in three large metropolitan areas. The results showed that: • 13 percent of respondents said they had experienced police brutality in the previous year. • Only 30 percent of those victims filed a formal complaint. This gap highlights how much brutality likely goes unnoticed and unchallenged. 1.3 Race and Police Brutality Police brutality most often affects racial minorities and other powerless groups . Officers who engage in brutality often justify their behavior by claiming they are protecting society from people they see as dangerous or disruptive.
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Study Guide Understanding racism is essential when discussing police brutality. Many officers automatically view members of racial minority groups as suspicious or threatening — regardless of their actual behavior, appearance, or actions. This mindset can lead to racially discriminatory policing , where minority citizens are treated more harshly than others. 1.4 Factors That Contribute to Brutality Some police officers expect citizens to always show deference to police authority. When people question or challenge that authority, certain officers interpret it as disrespect. This reaction is sometimes referred to as the unofficial offense of “contempt of cop.” In response, officers may use physical force to demand compliance. Situational factors also matter. For example, when a suspect uses force against an officer, the likelihood that the officer will respond with force increases significantly. 1.5 “Problem O ffi cers” Research shows that a small number of officers are responsible for a large share of brutality complaints. These officers are often: • Younger • Less experienced • More likely to initiate aggressive encounters Because they repeatedly engage in misconduct, they are known as chronic offenders within police departments. 1.6 Preven Ɵ ng Brutality Through Administra Ɵ ve Control To reduce police brutality, police leaders must take preventive action rather than waiting for misconduct to occur. Some departments have introduced: • Special training programs focused on reducing excessive force • Clear rules that limit when and how officers can use force
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Study Guide Prevention also requires close supervision , such as monitoring officers’ behavior and disciplining those who violate departmental rules. Many cities are now using early warning systems . These systems identify officers who receive unusually high numbers of citizen complaints. Once flagged, these incidents should be investigated. If misconduct is confirmed, officers may be charged, disciplined, restricted, or counseled. For example, Pittsburgh created a $1.5 million computer monitoring system that tracks nearly every aspect of an officer’s professional behavior. This includes: • The number of complaints filed against an officer • The race of individuals the officer arrests Police unions often argue that this level of monitoring violates officers’ privacy. However, reform advocates believe increased oversight is necessary to prevent abuse. 1.7 Punishing Brutality Through Administra Ɵ ve Control Most police departments have internal affairs units . These units are responsible for investigating: • Complaints of brutality or excessive force • Allegations of corruption • Incidents involving the discharge of firearms If an investigation finds enough evidence, the unit recommends disciplinary action . However, internal affairs units face serious challenges: • Many citizens do not file complaints because they do not trust police to police themselves. • Officers are often unwilling to testify against fellow officers. These barriers limit the effectiveness of internal investigations. 1.8 Civilian Review Boards Civilian review boards are made up of individuals who are not police officers. Their purpose is to: • Review complaints against police • Recommend disciplinary actions
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Study Guide • Ensure investigations are fair and impartial By 1997, nearly three - fourths of the largest U.S. cities had some form of civilian review process. In practice, however, police departments often ignore the boards’ recommendations . During the mid - 1990s, for example, the New York Police Department failed to act on one - third to one - half of misconduct cases that had been confirmed by an independent civilian review board. 1.9 Civil Lawsuits Against the Police Citizens can also take legal action through civil lawsuits . They may seek: • Damages , which involve financial compensation • Injunctions , which are court orders requiring police to stop or change unlawful practices Under state law , citizens can sue police for offenses such as: • Wrongful death • Assault and battery • False arrest • Breaking and entering • False imprisonment At the federal level, Section 1983 of the Civil Rights Act of 1871 (now 42 U.S.C. § 1983 ) allows citizens to sue public officials who violate their constitutional rights. Each year, courts order cities and officials to pay millions of dollars in damages. However, according to police misconduct expert Paul Chevigny , these lawsuits have little deterrent effect. Officers almost never pay the damages themselves — even when held personally liable. Instead, city funds , not police budgets, usually cover the costs. 1.10 Criminal Prosecu Ɵ on Police officers can also face criminal charges , but only after misconduct has already occurred. Criminal cases are difficult to win because prosecutors must meet a very high standard of proof. They must show: • Criminal intent
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Study Guide • Guilt beyond a reasonable doubt Even when officers are convicted, the impact on police policy may be limited — especially if police leaders disagree with the prosecution. When local authorities fail to act, the federal government may intervene. However, federal prosecutions for police misconduct are rare. One major exception occurred after the beating of Rodney King in Los Angeles. Although the officers were acquitted in California state court, federal prosecutors later convicted them for violating King’s constitutional rights. 1.11 Independent Auditors and Inspectors General After the 1991 beating of Rodney King and the riots that followed, the Christopher Commission was created to examine police practices in Los Angeles. Led by Warren Christopher , who later became U.S. secretary of state, the commission recommended major reforms. One key recommendation was the creation of an inspector general position. The inspector general’s role is to: • Monitor citizen complaints • Oversee disciplinary systems • Ensure accountability within police departments This recommendation aimed to create stronger, independent oversight and reduce future incidents of police abuse. 2. Deadly Force 2.1 What Is Deadly Force? Deadly force refers to situations in which a police officer uses a weapon — usually a firearm — and shoots and kills a suspect . This is the most extreme form of police force. Each year in the United States, police officers kill about 600 citizens and wound another 1,200 people as a result of shootings. Because of the seriousness and permanence of these outcomes, the use of deadly force receives intense public and legal scrutiny.
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Study Guide 2.2 Racial Dispari Ɵ es in Police Shoo Ɵ ngs Most police officers who use deadly force do so for reasons unrelated to race , such as perceived threats to safety. However, research shows that race can still influence police shootings . Studies have found that police sometimes shoot Black suspects in situations that are less threatening than those in which they shoot White suspects. This suggests that racial bias — whether conscious or unconscious — can affect decision - making in high - stress encounters. 2.3 Where and When Deadly Force Is Most Likely The use of deadly force by police is not evenly distributed across communities . It occurs most often in areas with: • High levels of economic inequality • Large minority populations • High rates of violent crime Police officers are also most likely to shoot suspects who are: • Armed • Involved in a violent confrontation with the officer As a result, minority group members are overrepresented among those killed by police , even though they make up a smaller share of the overall population. 2.4 Controlling the Use of Deadly Force Over time, two major approaches have helped reduce the number of people shot and killed by police. 1. Supreme Court Limits on Deadly Force One important change came from the U.S. Supreme Court , which reshaped the legal standard for when deadly force can be used.
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