Criminal Justice - Police Problems | Criminal Justice

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Study GuideCriminal JusƟce–Police Problems1. Police Brutality1.1 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 givensituation is not always clear. When an officer usesmore force than the law allows, it becomesillegal.CriminologistsJerome Skolnick and James Fyfedefine police brutality as aconscious anddeliberate actby a police officer against suspects who are usually members ofpowerless socialgroups, such as racial minorities or homosexuals. In these cases, force is not accidental—it isintentional and excessive.1.2 How Common Is Police Brutality?Most incidents of police brutality arenever reported. Many victims fear retaliation or believe that filinga complaint will not lead to real action.In 1982, the federal government funded a major study called thePolice Services Study.Researchers interviewed over12,000 randomly selected citizensin three large metropolitan areas.The results showed that:•13percentof respondents said they had experienced police brutality in the previous year.•Only30 percentof those victims filed a formal complaint.This gap highlights how much brutality likely goes unnoticed and unchallenged.1.3 Race and Police BrutalityPolice brutality most often affectsracial minorities and other powerless groups. Officers whoengage in brutality often justify their behavior by claiming they are protecting society from people theysee as dangerous or disruptive.

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Study GuideUnderstandingracismis essential when discussing police brutality. Many officers automatically viewmembers of racial minority groups as suspicious or threatening—regardless of their actual behavior,appearance, or actions. This mindset can lead toracially discriminatory policing, where minoritycitizens are treated more harshly than others.1.4 Factors That Contribute to BrutalitySome police officers expect citizens toalways show deferenceto police authority. When peoplequestion or challenge that authority, certain officers interpret it as disrespect. This reaction issometimes referred to as the unofficial offense of“contempt of cop.”In response, officers may usephysical force to demand compliance.Situational factors also matter. For example, when a suspect uses force against an officer, thelikelihood that the officer will respond with force increases significantly.1.5 “Problem Officers”Research shows that asmall number of officersare responsible for a large share of brutalitycomplaints. These officers are often:•Younger•Less experienced•More likely to initiate aggressive encountersBecause they repeatedly engage in misconduct, they are known aschronic offenderswithin policedepartments.1.6 PrevenƟng Brutality Through AdministraƟve ControlTo reduce police brutality, police leaders must takepreventive actionrather than waiting formisconduct to occur.Some departments have introduced:•Special training programsfocused on reducing excessive force•Clear rulesthat limit when and how officers can use force

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Study GuidePrevention also requiresclose supervision, such as monitoring officers’ behavior and discipliningthose who violate departmental rules.Many cities are now usingearly warning systems. These systems identify officers who receiveunusually high numbers of citizen complaints. Once flagged, these incidents should be investigated. Ifmisconduct is confirmed, officers may be charged, disciplined, restricted, or counseled.For example,Pittsburghcreated a$1.5 million computer monitoring systemthat tracks nearlyevery aspect of an officer’s professional behavior. This includes:•The number of complaints filed against an officer•The race of individuals the officer arrestsPolice unions often argue that thislevel of monitoring violates officers’ privacy. However, reformadvocates believe increased oversight is necessary to prevent abuse.1.7 Punishing Brutality Through AdministraƟve ControlMost police departments haveinternal affairs units. These units are responsible for investigating:•Complaints of brutality or excessive force•Allegations of corruption•Incidents involving the discharge of firearmsIf an investigation finds enough evidence, the unit recommendsdisciplinary 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 BoardsCivilian review boardsare 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 andimpartialBy 1997, nearlythree-fourths of the largest U.S. citieshad some form of civilian review process.In practice, however, police departments oftenignore the boards’ recommendations. During themid-1990s, for example, theNew York Police Departmentfailed to act onone-third to one-halfofmisconduct cases that had been confirmed by an independent civilian review board.1.9 Civil Lawsuits Against the PoliceCitizens can also take legal action throughcivil lawsuits. They may seek:•Damages, which involve financial compensation•Injunctions, which are court orders requiring police to stop or change unlawful practicesUnderstate law, citizens can sue police for offenses such as:•Wrongful death•Assault and battery•False arrest•Breaking and entering•False imprisonmentAt the federal level,Section 1983 of the Civil Rights Act of 1871(now42 U.S.C. § 1983) allowscitizens to sue public officials who violate their constitutional rights.Each year, courts order cities and officials to paymillions of dollarsin damages. However,according to police misconduct expertPaul Chevigny, these lawsuits have little deterrent effect.Officers almost never pay the damages themselves—even when held personally liable. Instead,cityfunds, not police budgets, usually cover the costs.1.10 Criminal ProsecuƟonPolice officers can also facecriminal charges, but only after misconduct has already occurred.Criminal cases are difficult to win because prosecutors must meet a very high standard of proof. Theymust show:•Criminal intent

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Study Guide•Guilt beyond a reasonable doubtEven when officers are convicted, the impact on police policy may be limited—especially if policeleaders disagree with the prosecution.When local authorities fail to act, thefederal governmentmay intervene. However, federalprosecutions for police misconduct are rare.One major exception occurred after the beating ofRodney Kingin Los Angeles. Although the officerswere acquitted in California state court, federal prosecutors later convicted them for violating King’sconstitutional rights.1.11 Independent Auditors and Inspectors GeneralAfter the 1991 beating of Rodney King and the riots that followed, theChristopher Commissionwascreated to examine police practices in Los Angeles. Led byWarren Christopher, who later becameU.S. secretary of state, the commission recommended major reforms.One key recommendation was the creation of aninspector generalposition. The inspector general’srole is to:•Monitor citizen complaints•Oversee disciplinary systems•Ensure accountability within police departmentsThis recommendation aimed to create stronger, independent oversight and reduce future incidents ofpolice abuse.2. Deadly Force2.1 What Is Deadly Force?Deadly forcerefers to situations in which a police officer uses a weapon—usually a firearm—andshoots and kills a suspect. This is the most extreme form of police force.Each year in the United States, police officers kill about600 citizensand wound another1,200peopleas a result of shootings. Because of the seriousness and permanence of these outcomes, theuse of deadly force receives intense public and legal scrutiny.

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Study Guide2.2 Racial DispariƟes in Police ShooƟngsMost police officers who use deadly force do so for reasonsunrelated to race, such as perceivedthreats to safety. However, research shows thatrace can still influence police shootings.Studies have found that police sometimes shootBlack suspects in situations that are lessthreateningthan those in which they shoot White suspects. This suggests that racial bias—whetherconscious or unconscious—can affect decision-making in high-stress encounters.2.3 Where and When Deadly Force Is Most LikelyThe use of deadly force by police isnot evenly distributed across communities. It occurs mostoften in areas with:•High levels ofeconomic inequality•Largeminority populations•High rates ofviolent crimePolice officers are also most likely to shoot suspects who are:•Armed•Involved in aviolent confrontationwith the officerAs a result,minority group members are overrepresented among those killed by police, eventhough they make up a smaller share of the overall population.2.4 Controlling the Use of Deadly ForceOver time, two major approaches have helped reduce the number of people shot and killed by police.1. Supreme Court Limits on Deadly ForceOne important change came from theU.S. Supreme Court, which reshaped the legal standard forwhen deadly force can be used.

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