UNIVERSITY OF INDIANAPOLISPolice Administration

CRIM 340-50Thomas N. Davidson, J.D.

www.thinblueline.ws

Freedom from crime is not free.

The degree to which a society achieves public order depends in part on the price society is willing to pay to obtain it.

Resources committed to crime suppressions, detection, and prevention.

The extent to which people are willing to accept a reduction in civil liberties.

Government v. Liberty Tension

In a free society there is a constant tension between its government’s legitimate police function and its citizens’ liberty interests. It has and will be with us and it will never go away. It is a source of conflict that must be understood by both the police and the population in order for it to be controlled.

Theories of Police Development

Disorder-control: Need to suppress mob rule and violence.

Crime-control: Threats to public order create a climate of fear.

Class-control: Police reinforce class-based economic exploitation. Labor provided the fuel for capitalism, yet were perceived as dangerous.

A brief guide to police history

Ancient Era 3000BC to 400AD Kin policing derived from the power and

authority of kinship systems & rule by elders. The family of the offended individual was expected to assume responsibility for justice by punishing the offender.

Egyptian rulers used elite units of the military as bodyguards.

In Mesopotamia, captured Nubian slaves were used as guards.

A brief guide to police history

The Greeks had a sort of highway patrol and trials.

The Hebrews developed the Mosaic Law. The first organized police department is

believed to be the Roman vigils around 27 BC.

A brief guide to police history

Middle Ages 400 A.D. – 1600 A.D. Either no system or: Gendarme System in France were agents of

the crown. Pledge System in England by Alfred the Great;

each person is pledged to perform some kind of police work unless excused by the shire-reeve.

A brief guide to police history

Tithing system 1066 A.D. (frankpledge) All the men over 12 in a village formed a

tithing. 10 tithings organized into a hundred supervised

by a constable. 10 hundreds were organized into a shire

supervised by the shire-reeve.

A brief guide to police history

Statute of Winchester of 1285 Required every able-bodied man to possess a

weapon (assize of arms). Everyone in the countryside accountable in

assisting with apprehension of criminals (hue and cry system).

Established a watch and ward night patrol to augment daytime constables (watch system).

Formalized the parish constable system (frankpledge system).

A brief guide to police history

Colonial Era 1600 A.D. – 1800 A.D. Adopted the watch system. Shire-reeves became sheriffs. Towns had constables who organized

watchmen.

Like the English system, the American system was characterized by:

1. Limited authority causing legitimacy problems.

2. Decentralization. Local control & varation.

3. Fragmentation. One hand doesn’t know . . .

A brief guide to police history

English Police Reform Bow Street Runners (1st detectives 1750). Creation of the 1st professional police

department in 1829. Created by Sir Robert Peel, the officers were called Bobbies or Peelers.

A brief guide to police history

Sir Robert Peel

Known as the father of modern policing

A brief guide to police history

Peel established the Metropolitan Police Force for London based at Scotland Yard 1829. The 1,000 constables employed were affectionately nicknamed 'Bobbies' or, somewhat less affectionately, 'Peelers.' Although at first unpopular, they proved very successful in cutting crime in London, and by 1835 all cities in the UK were being directed to form their own police forces. Known as the father of modern policing, Robert Peel developed the Peelain Principles which defined the ethical requirements police officers must follow in order to be effective. His most memorable principle was, "the police are the public, and the public are the police."

The 9 Peelian Principles 1-5

1. The basic mission for which the police exist is to prevent crime and disorder.

2. The ability of the police to perform their duties is dependent upon public approval of police actions.

3. Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.

4. The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.

5. Police seek and preserve public favour not by catering to public opinion but by constantly demonstrating absolute impartial service to the law.

The 9 Peelian Principles 6-96. Police use physical force to the extent necessary to

secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.

7. Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

8. Police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary.

9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.

A brief guide to police history

Spoils Era 1800 A.D. – 1900 A.D. Large scale social changes in America. Politicians control the police. Riot control function because of race and ethnic riots

between 1835-1890s. 1845 New York City paid professional policing. Pre civil war Paddy-Roller slave catchers. 1911 motorized. 1845 saw beginning of state and federal agencies:

Texas rangers, Border Patrol, IRS. Pendleton Act of 1883 sought to end the spoils system

in the federal government.

A brief guide to police history

Progressive Era 1900 A.D. – 1920 A.D. Spoils system replaced by civil service. 1902 formation of IACP. Attempts to foster professionalism. Chief Vollmer of Berkeley champions

professionalism 1918. FOP created in 1915.

A brief guide to police history

Gangster Era 1920 A.D. – 1950 A.D. 18th Amendment (Prohibition) 1919. Great depression 1930s. Vice control. Wave of bank robberies, kidnappings,

bootlegging. Rise of the “G-men.” Elliot Ness-Prohibition Bureau. J. Edgar Hoover-FBI.

Elliot Ness J. Edgar Hoover

A brief guide to police history

August Vollmer

August Vollmer

Vollmer earned the reputation as the "father of U.S. modern law enforcement.” He was the first chief to require that police officers attain college degrees, and persuaded the University of California to teach criminal justice. In 1916, UC-Berkeley established a criminal justice program, headed by Vollmer. Vollmer was also the first police chief to create a motorized force, placing officers on motorcycles, and in cars so that they could patrol a broader area with greater efficiency. Radios were included in patrol cars. He was also the first to use the lie detector, developed at the University of California, in police work. Vollmer supported programs to assist disadvantaged children, and was often criticized for his leniency towards petty offenders such as drunks and loiterers. He also encouraged the training and employment of female and African American police officers.

Wickersham Report The Wickersham Commission was established in May of 1929

when President Herbert Hoover appointed George W. Wickersham (1858-1936) to head the National Committee on Law Observation and Enforcement, popularly called the Wickersham Commission.

The Commission was an 11-member group charged with identifying the causes of criminal activity and to make recommendations for appropriate public policy. The emphasis was almost entirely on the widespread violations of national alcohol prohibition.

The report was almost entirely written by Vollmer. Among other things the report included various ideas for police reform including:

1. Personnel standards (for cause removal only).2. Communications and records.3. Separate units for crimes of vice and juveniles.4. State information bureaus.5. Training academies.

A brief guide to police history

Revolutionary ERA 1960 A.D. – 1970 A.D. Civil rights struggle. Assassinations, mass & serial murders. 100 officers killed a year ILOD. 300 citizens a

year killed by police. The process of Incorporation. Miranda. The exclusionary rule. Law enforcement Assistance Administration

(LEAA) & Law enforcement education prograam (LEEP)

A brief guide to police history

Current Era 1970 A.D – Present Police community relations. Diversity in police departments. MBO. Knapp Commission War on drugs. War on terror. Technology.

Contemporary Law Enforcement

18,000 different agencies ( UK with ¼ of US population has 43 agencies).

Fragmented (UK all agencies administered by the Home Office).

1. Federal agencies.

2. State agencies.

3. County sheriffs.

4. Local police agencies.

5. Special police.

Contemporary Law Enforcement

Nationally, sworn officers account for 69.5 percent of PD personnel.

Nationally, police to population ratio rural and city is: 2.4 per 1000.

Indiana has 146 local PDs.

The Thin Blue LineThe "thin blue line" is the collective group of law

enforcement officers (LEO), correctional officers, prosecutors and others in the criminal justice system that separate and protect society from anarchy. 

Community Policing

1970 through the 80’s police generally used the professional model.

Patrol from cars, aloof, impartial, everybody gets the same treatment.

Rising crime rates Broken windows policing emerged

Community Policing

Commitment to crime prevention Public scrutiny of police Accountability of police action to public Customized police service Community organization

Community Policing

Number of police does not lower crime rate or solve more crimes.

Random patrol neither lowers crime or increases chances of catching criminals.

2 person patrol cars are not safer and do not lower crime rates.

Saturation patrols do not lower crime it displaces it.

Improving response time has little effect in solving crime.

Response Times

Police cannot control:

1. The time it takes from when the crime occurs to when it is discovered;

2. The time it takes from when it is discovered to when it is reported to police

Community Policing

Scanning

Analysis

Response

Assessment

Each problem will likely not only involves crime, but a wider community social issue.

Broken Windows Policing

Clean up the community, people will take pride, & criminals will be displaced.

Problems with community policing

Lack of definition. Lack of community. Role confusion and low morale. Expensive. Lack of credible evaluation. Conflict with accreditation standards.

Crime Prevention& Deterrence

Desire Ability

Opportunity

DesireLikelihood

of being

caught

Gravity of harm if caught

Crime Prevention Crime Deterrence

Outcomes v. Outputs

Outputs are work product like the number of traffic tickets issued, crashes investigated, or the number of criminals arrested.

Outcomes are the results of outputs. Crime and accident rates for example.

Crime Analysis

Crime Specific Analysis-pattern of reported crime.

Link analysis-Associations among people. Telephone Toll Analysis. Visual Investigative Analysis (VIA) charting key

criminal events in chronological order. Case Analysis and Management System-

computerized to clarify relationships & calculate probability of associations.

External Influences

Politics Economy Competing agencies Community groups Governments: federal, state, & local Unions and associations Review boards Judicial review

Incorporation

Prior to the 60’s the Bill of Rights restricted and regulated only the federal government.

Through a series of cases in the 60’s, the Warren Court began incorporating USC protections to the states through the due process clause of the 14th Amendment.

14th AmendmentSection. 1. All persons born or naturalized in the

United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Due Process

Procedural Due Process can be boiled down to notice of the charges and an opportunity to be heard.

Substantive Due Process means the procedures must be in content and conducted “fairly.”

Criminal Procedure-Sources of Law

Constitutions1. Federal2. StatesLegislated3. Federal4. State5. LocalCommon law (Case law)6. Federal7. StateAdministrative law

Criminal Procedure-Separation of Powers

Judicial – interprete laws Executive – execute and enforce laws Legislative – create and pass laws

Criminal Procedure- Administrative Law

Congress or legislature delegates authority to the administrative agency through an enabling statute.

Laws must be tailored to the mission of the agency.

Must be properly promulgated.

Criminal Procedure - Warrant Requirement

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 .

Any search conducted without a warrant is per se illegal unless an exception exists.

Criminal Procedure – Exceptions to the Warrant Requirement

Search incident to a lawful, custodial arrest Voluntary consent and waiver Search of a vehicle with probable cause Inventory after lawful impoundment of a vehicle Stop and frisk searches (Investigatory Detention) Plain view, smell & touch Open fields Exigent circumstances - hot pursuit Abandoned property Protective sweep

Criminal Procedure – 5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Criminal Procedure – Miranda Rule

Custodial Interrogation. The person in custody must, prior to interrogation, be

clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her. Additionally, the officer must ask whether the person understands their right and will consent to questioning.

Criminal Procedure – Exclusionary Rule

Weeks v. United States, 232 U.S. 383 (1914). First used in federal case.

Mapp v. Ohio, 367 U.S. 643 (1961) Made applicable to the states.

Rationale

1. Dirty Hands

2. Deterrence

3. Way to enforce constitution

50

Indiana EVIDENCE RULE 617

Applies to custodial interrogations of felony suspects conducted after

January 1, 2011 that occur in a place of detainment. Interrogation must be

audio and video taped. (Exceptions).

Criminal Procedure – Double Jeopardy Clause of the 5th

AmendmentNo person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Double Jeopardy

Prohibition from being tried twice for crimes arising out of the same set of facts.

Prohibition from increasing a penalty ex-post facto.

Dual sovereignty.

Criminal Procedure – Presumption of Innocence & Bail

8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

1. Guarantee defendant’s appearance.

2. Public safety.

Presumed innocent means that the defendant is not judged guilty of a crime and punished unless convicted BRD or he pleads guilty to it in the criminal courts.

Criminal Procedure – Burden of Proof

Beyond a reasonable doubt. Clear and convincing evidence. Preponderance of the evidence. Probable cause. Articulable suspicion. Good faith belief.

Criminal Procedure - Evidence

There are four traditional types of evidence: real evidence (tangible things like a weapon), demonstrative (a model or photograph), documentary (a writing or other document), and testimonial (testimony by witnesses).

Circumstantial Evidence - Testimony not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deductions are drawn, showing indirectly the facts to be proved.

Ethics Defined

Ethics can be defined as a branch of philosophy that is concerned with the study of what is morally right and wrong, good and bad. The term comes from the Greek root ethikos, which means character.

Apologia

Act or omission. Cognitive Dissonance. Rationalization that transforms the act or

omission to being ethical.

Cognitive dissonance is a psychological term which describes the uncomfortable tension that comes from holding two conflicting thoughts at the same time.

E=PJ2

E is the ethical decision to be made. P is the principle. J is the justification of the situation. Square on the value of J is proposed to allow

for justification to be ratcheted up or down depending on the power of accentuating or mitigating factors.

E=PJ2 put to the test.

E = Death penalty. P = Sanctity of Life. J = Protect Society

1. Deterrence (A)

2. Retribution (A)

3. Extinguishes risk of escape and other transaction costs of incarceration. (A)

4. Killing is intrinsically evil even when done by the government. (M)

Capital Punishment 16,272 murders reported to police in USA in

2008. 37 executions carried out in 2008. 111 convicted murders sentenced to death in

2008. 3,215 inmates on death row in 2008. 1977 to 2007 only 19 of 94 inmates given a

death sentence in Indiana were executed (20%). California 13 of 802 (1.6%)

Police Ethics and Misconduct

Police Ethical Models

1. Law.

2. Code of conduct.

3. Rules, regulations, & standard operating procedures.

Ethical Discretion

Depends on one’s moral commitment to both society and the agency served.

Indiana’s Tort Claims act gives officers immunity from liability for using discretion as to whether to enforce or not enforce a law.

Special Relationship doctrine.

Indiana State Tort Claims Act IC 34-13-3

Notice of tort claim 270 days for state; 180 days for political subdivision.

IC 34-13-3-3 Immunity of governmental entity or employee: The performance of a discretionary function; The adoption and enforcement of or failure to adopt or enforce a law, unless the act of enforcement constitutes false arrest or false imprisonment; and an act or omission performed in good faith and without malice under the apparent authority of a statute which is invalid if the employee would not have been liable had the statute been valid.

The Act provides for 23 express instances of immunity.

Police Subculture

A cultural subgroup differentiated by status, ethnic background, residence, religion, or other factors that functionally unify the group and act collectively on each member.

The existence of a subculture suggests that officers share a number of attitudes, values, and beliefs that separate them from other members of society. These attitudes, values, and beliefs are transmitted from one generation to the next through a process of socialization.

Ethics

Principled-Based Management: philosophy of management that is based on ethical principles, enlightened reasoning, moral responsibility, & good faith.

Integrated Thinking: Based on reasoning and deductive logic independent of bias or interest.

Moral Agility: ability to distinguish between shades of moral choices.

Lying & Deceptive Interrogation

The public does not have a constitutional right that the police will tell the truth.

Public Policy: undercover officers. Lying by the police during interrogation can be

used as a factor to determine whether any statements were coerced.

Lying under oath, however, is a crime (perjury).

Lying: Public Policy

Acceptable when innocent lives are at stake; or When a lie can help achieve a higher moral

value, such as national secrets, helping a patient recover, or sustaining vital family relations.

Lying in Crisis Negotiations

What is the benefit to be gained by deceiving the suspect?

What is the likelihood the deception will be discovered?

What are the possible consequences if the deception is discovered?

If the deception is discovered, is there a way to recover from it?

Is there an alternative to deceiving the suspect?

Justification for Deception

Serves a legitimate purpose. Nexus between lie and purpose. Deception serves the public interest. Does not violate law.

Ethics

Justifiable Inequality: unequal treatment necessary to serve legitimate social or governmental interests.

Unjustifiable Inequality: unequal treatment that does not serve a legitimate social or government interest.

Discrimination: injurious treatment of people on grounds irrelevant to situation.

Stereotyping: automatically treating someone as an exact duplicate and assigning characteristics of a group to which he belongs.

Police ProfilingThe Gates case raised new and revived old

questions regarding police profiling and factors that lead to articulable suspicion and probable cause.

Egoism in CJS

Egoism: the theory that people will naturally act only in fulfillment of their self interest (self love).

Authority: the right to control others. Power: the means to control others. The sum of these three factors often leads to

abuse of power by police.

Official Responsibility

Antidote for natural egoism. Responsibility for the cause of their actions. Accountability for the manner in which duties

are carried out. Obligation to follow the law & rules.

Tennessee v. GarnerDeadly force by police is justified:1. To protect/defend oneself or a third party from

the threat of immanent serious bodily injury or death;

2. To interdict a forcible felony;3. To apprehend a fleeing forcible felon once less

lethal means of capture have failed, and suspect will get away if you don’t (provide a warning whenever possible.).

Use of Force Continuum

IAC Law Enforcement Oath of Honor

On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution, my community, and the agency I serve.

Meaning of the Oath

Honor: one’s word is given as a guarantee. Betray: breaking faith. Badge: symbol of office. Integrity: adherence to a set of values. Character: individual qualities. . .

Meaning of the Oath

Courage: having the strength to withstand unethical pressure, fear, or danger.

Accountability: answerable and responsible. Community: Your jurisdiction.

Key Terms

Malfeasance: direct misconduct. Misfeasance: improper performance. Nonfeasance: failure to act or live up to

responsibilities. Grass Eaters: takes what comes along. Meat Eaters: aggressively exploiting for gain. Code of Silence: conflicting loyalties causing

officers not to report misconduct by other officers.

Social Order

Secure and stable life within an orderly community. Focus is on social norms and legal sanctions.

Moral Order

Collective concern for superior values within the realm of the spiritual. Focused on the principles of humanity, fairness, and righteousness, among other standards of civility.

Ideal Model

A vision of law enforcement by which hard working police diligently handle each case on its merits.

Serviceable Model

Bureaucratic garage sale model. CJS awash in arbitrary and irrational decision-making. Questionable motives for making arrests, deviance by police, railroading, revolving door practice of courts, and the failure of corrections.

Hedonistic Corruption

Practiced for personal gain or comfort.

Gratuities, bribery, thefts, and dishonesty.

Obligatory Corruption

Knowingly violating rules and regulations for egotistical purposes. Abuse of power and authority, crude, and self aggrandizement (increase one’s power, influence, or status).

“I want to help people”

I have interview over 700 prospective police officers. When asked “Why do you want to be a police officer?” The answer is always some variation of “I want to help people.” These are sincere answers. How then do some of these young idealistic men and women become corrupt or brutal?

Possible Causes Egoism. The job does not live up to expectations, so the

officers try to stimulate their professional experience.

Disillusionment (public, courts, administration). Greed. Anti-social personalities (sociopaths). Apologia. Corrupt subculture.

What can be done?

Talk about ethics. Search for the truth. Demand ethical solutions. Create an environment conducive to civility. Don’t laugh at unethical statements or jokes. Reinforce ethical principles. Monitor your commitment to justice. Must be rendered first and foremost by you. Modeling.

Police Ethics and Misconduct

Police have a property interest in their jobs. Cannot be terminated or disciplined without

due process.

Police Ethics and Misconduct

Internal Investigation

1. Founded

2. Unfounded

3. Exonerated

4. Not determined.

Garrity Rule

By invoking the Garrity rule, the officer is invoking his or her right against self incrimination. Any statements made after invoking Garrity, may only be used for department investigation purposes and not for criminal prosecution purposes. The Garrity Rule stems from the court case Garrity v. New Jersey, 385 U.S. 493 (1967), which was decided in 1966 by the United States Supreme Court. It was a traffic ticket fixing case.  

Garrity Warning

Internal Bifurcated Investigation

Criminal Investigation Interview

Internal Investigation Interview

Internal Investigation

Criminal Investigation

Is drug testing employees legal?

For private employers there is no 4th Amendment or other constitutional issues.

Look to your state law for prohibition or regulation on drug testing.

Government employers must be cognizant of USC issues:

1. Articulable suspicion

2. Safety sensitive employees Watch out for tort traps such as false imprisonment,

IIED, defamation, & wrongful termination.

Last chance agreements

In general, last chance agreements are probationary contracts negotiated by an employer with an employee who faces termination or serious discipline. The employer agrees not to execute the discipline, and the employee promises to rehabilitate his or her performance in definite ways. Last chance agreements usually contain a clause by which the employee waives his or her right to any administrative disciplinary appeal if the employee violates the agreement within a distinct timeframe.

Enforceability of last chance agreements

The courts have found: 1) employees may voluntarily waive their statutory rights; 2) the fact that an employee may face serious discipline or termination does not nullify the voluntariness of the agreement; 3) employers may not illegally discriminate, negotiate in bad faith, abuse discretion or engage in prohibited personnel practices; 4) employers must inform the employee of the alternatives and consequences of the agreement and not misstate the employees options; 5) to avoid findings of unfair arbitrary and capricious agreements, the agreements should not be open ended (usually one year) and be directed towards correcting the employee’s specific behaviors, conduct and derivative unsatisfactory performance; and 6) there must be review for determining whether the agreement was breached by the employee

Misconduct Remedies

Counseling Discipline: reprimand, suspension (with or

without pay), transfers (shift, location, duty assignment), demotion, pass-over for promotion, suspend personal use of car, and termination

Civil penalties: state tort law & Section 1983 violation of civil rights suits.

Criminal penalties: fines, probation, restitution, and imprisonment.

42 USCA § 1983 Liability

Section 1983 Actions

Cannot be filed against the state, but it can against its employees.

Cannot be filed against the Federal Government. Claims against the federal government employees are brought under the Federal Tort Claims Act ( 28 USCA §§ 1346; 2671 -2680). These are often called Bivens actions named for a USC ruling.

Section1983 Elements

Person – (individual officers and local government entities may be sued) acting under -

Color of Law – (misused powers under auspices of state & local law) -

Willful or wanton (negligence is not enough) action that -

Violated US constitutional right or right protected under federal law of a person (corporations are not protected).

Section 1983 Immunity

States are not persons under §1983. Sovereign immunity – cannot file a

lawsuit in federal court against the state without its permission (11th Amendment).

Qualified immunity – Officials cannot be liable for performing discretionary functions (ministerial duties not covered).

Qualified Immunity

Decision is made; No clearly established constitutional right

exists; The right was clearly established, but the

officer could not reasonably have known that his conduct was violating that right.

Objective Reasonableness Test

Claims of excessive use of force by police invoke protections under the 4th Amendment.

The question is decided by whether the officer’s actions are objectively reasonable in light of the facts and circumstances confronting them, without regard to motivation. An allowance must be made for the fact that officers are forced to make split-second decisions.

Graham v. Connor, 490 US 386 (1989).

Section 1983 Remedies

Injunctive relief Money damages Punitive damages Attorney fees for prevailing party

State Tort Law

Legal duty Breach of duty Proximate cause Injury Identifiable damages

Defenses – Proof

Contributory negligence (State of Indiana) Comparative negligence (Private and political

subdivisions). Assumption of Risks. Proof by preponderance of the evidence.

Liability Cases

Quakenbush v. Lackey, 622 N.E.2d 1284 (1993) (Overruling Seymour Nat’l Bank v. State, 422 N.E.2d 1223 (1981) the Public – Private duty test-officer owes private duty while responding to calls.)

Minks v. Pina, 709 N.E.2d 379 (Ind. Ct. App. 1999).

Conner v. State, 724 N.E.2d 1125 (2000) (dispensing with private-public duty test).

Public v. Private Duty

Special Relationship

Abandoning assault victims when reoccurrence is likely.

Abandoning children when parent is arrested. Assurances of protection.

Knowledge, risk is foreseeable, police give direction, person changes their action to abide by the direction, and is harmed.

Police Pursuits Section 1983

County of Sacramento v. Lewis, 118 S.Ct. 1708 (1998). Section 1983 USC case.

Reiterated that negligence is not enough, conduct causing the harm must be deliberate, willful, or wonton.

4th Amendment “objective reasonableness” test did not apply since chase was not a seizure.

Chase with no intent to harm does not violate due process.

Police Pursuits - Torts

Reason for the pursuit. Type of pursuing car and training of driver (unmarked?). Urban/Rural. Hills, sharp corners. Traffic – pedestrians present? Construction areas. Intersections. Schools. Likelihood of apprehension at another time. Weather. Speeds involved and recklessness of offender. Pursuer's knowledge of location. Adequate communication and equipment. Alternative methods tried, available.

Pursuit Management

Preemption means stopping a vehicle's opportunity to flee.

Control means measures designed to make continued apprehension efforts safer.

Termination means measures designed to bring a fleeing vehicle to a stop.

Tactical Pursuit Intervention

Stop sticks - tire deflation. Pursuit intervention technique (spin out). Boxing in. Ramming (Use of force). Channelization. Barricades.

Pursuit Policies

Severely restrict pursuits Set standards with supervisory control Minimal standards.

Pursuit Phases

Pursuit Phases: 1983 Study-5 stages that precede a pursuit.

Commission of a violation or crime. Observation by the police. Suspect becomes aware of the police. Violator deciding to flee. Police deciding to chase.

California Highway Patrol Pursuit Phases

Pre-pursuit Phase - the time between the decision to stop and the officer's recognition that the suspect is going to flee. What actions can the officer take to reduce the risk of the pursuit taking place?

Communication Phase - the time between the start of chase and arrival of back up officers.

Arrival of Resources Phase - the period when assisting personnel and equipment arrive to attempt to terminate the pursuit.

Post-pursuit Phase - the time after the pursuit ends and actions by the police after the chase ends.

Limitations on LiabilityIC 34-13-3-4 (a) The combined aggregate liability of all governmental

entities and of all public employees, acting within the scope of their employment and not excluded from liability under > section 3 of this chapter, does not exceed:

(1) for injury to or death of one (1) person in any one (1) occurrence:(A) three hundred thousand dollars ($300,000) for a cause of action

that accrues before January 1, 2006;(B) five hundred thousand dollars ($500,000) for a cause of action that

accrues on or after January 1, 2006, and before January 1, 2008; or

(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and

(2) for injury to or death of all persons in that occurrence, five million dollars ($5,000,000).(b) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages.

IC 36-8-16.5-46 Immunity 911 Wireless

Notwithstanding any other law, a political subdivision (among others) is not liable for damages in a civil action or subject to criminal prosecution resulting from death, injury, or loss to persons or property incurred by any person in connection with establishing, developing, implementing, maintaining, operating, and providing enhanced wireless 911 service in compliance with the requirements established by the FCC order and rules adopted under the FCC order, except in the case of willful or wanton misconduct.

Who pays?

IC 34-13-4-1 Personal civil liability under civil rights laws of employee acting within scope of employment.

Government entity had an opportunity to defend.

Non-criminal act. Consistent with public policy the agency will

pay the judgment and costs.

Risk Management Job task analysis – screening, training, testing. Job descriptions & performance evaluations. Risk control program. Policy development. Risk reduction strategies – avoidance,

prevention, reduction, & transfer.

Dealing with the News MediaThe First Amendment of the federal constitution

provides the news media and all citizens certain rights of free speech and press. The media, however, does not have an unlimited right to engage in the collection of news material. “Newsmen have no constitutional right of special access to the scenes of crime or disaster when the general public is excluded . . .” Brandzburg v. Hayes, 408 U.S. 665, 684-685 (1972). However, once the news media has acquired information from a critical incident or other source, it will be difficult to prevent its publication. Bantam Books, Inc. v. Sullivan, 372 U.S. 58 (1963).

Prosecutors

Federal: US Attorney may bring a charge only through a GJ Indictment.

State: Prosecutor may bring a charge either by filing an Information or by GJ Indictment.

Prosecutor has absolute discretion on whether to bring a charge, but must have PC if he decides to bring a charge.

Terrorism

The FBI defines terrorism as the unlawful use of force or violence against persons or property to intimidate or coerce a government, civilian population, or any segment thereof in furtherance of political or social goals. It is widely acknowledged that a variety of definitions exist for terrorism. Most definitions contain the following elements: 1) use of violence or threat of violence, 2) coercion of a target group; 3) achievement of goals of a political, a religious, or an ideological nature.

Domestic Right Wing Terrorism

Generally, there are four elements necessary to precipitate violence by domestic “hate” groups: 1) the group is based on a false premise, such as there is no hope for the future; 2) the group must have a charismatic leader; 3) the leader will pin-point all “trouble” as being caused by a particular group, such as the Jewish society; and, 4) some event to rally and excite the group, such as a confrontation between police and some other right-wing extremist.

Psychological Hostage Takers

Suicidal personality. Does not care if he/she is killed, and may cause someone else to fulfill his death wish.

Vengeance Seeker. Driven by an irrational purpose. His hostage taking scheme is normally well-planned. Incidents involving this type of hostage taker pose a high probability that it will require a police assault to resolve. The vengeance seeker often falls in the category of “homicide to be”.

Disturbed individual. This person’s hostage taking motives and methods may be illogical and improvised. There are two common psychotic disorders associated with many hostage takers: 1) paranoid schizophrenia, and 2) manic-depressive Illness.

Criminal Hostage Takers Cornered perpetrator. A bank robbery suspect, for

example, unexpectedly is confronted by the police, retreats back into the bank, and has no escape.

Aggrieved Inmate(s). These incidents may be well planned or spontaneous.

Extortionist. The kidnapper is usually motivated by greed. The kidnapper’s location is usually not known to police, he usually is not contained, and usually only communicates with the victim’s family, even if the police are present. Police negotiators seldom talk to the kidnappers directly because they usually require the family to not call the police as a prerequisite for not killing the kidnap victim.

Political Hostage Takers

Social protester. This person is likely to be a young educated person. This hostage taker wants to eliminate social injustice. Normally, this hostage taker will take the hostage in a group at the location of the unwanted entity or event or where the protest is most visible.

Fanatic. This person believes in a cause and is usually willing to kill and die for the cause. This hostage taker can be characterized as an Ideological Zealot.

Political Hostage Takers

Terrorist Extremist. Hostage taking by terrorist groups are well planned, probably brutal, and the hostage takers are willing to kill and die. The intent of political hostage takers is to get as much publicity as possible for their cause. The incidents are well planned and organized. In political terrorism, the hostage takers attempt to demonstrate to the public that the government is unable to protect its own citizens. Often the demands of the hostage takers go beyond the authority of local police. It is the hope of the terrorists, who are virtually guaranteed of media coverage, that after several hostage incidents, that the government will overreact and become excessively restrictive with its own citizens, thus causing civil discontent.

School Violence

Major Incidents of School Violence

Olivehurst, California 5/1/92Grayson, Kentucky 1/18/93

Moses Lake, Washington 2/2/96Bethel, Alaska 2/19/97

Pearl, Mississippi 10/1/97

Paducah, Kentucky 12/1/97Jonesboro, Arkansas 3/24/98

Edinboro, Pennsylvania 4/24/98Fayetteville, Tennessee 5/19/98Springfield, Oklahoma 5/21/98

Littleton, Colorado 4/20/99Nickel Mines, Pennsylvania 10/2/06

Tacoma, Washington 1/3/07

School Violence

“It’s not your father’s high school” was the reply when a young man was asked why there seems to be more violence in schools today. He explained that his high school was large, there was very little individual attention (unless you were popular, a scholar or an athlete) from staff, there was a double standard and open, tolerated prejudice against those who were somehow “different”. “One group picks on another, no one will help you, sometimes your thoughts turn to revenge and how easy it would be to get even.” “Don’t get me wrong, I don’t think what they did was right, but I understand why they did it.”

Reference to Dylan Kiebold and Eric Harris regarding the Littleton, Colorado school shootings, April 20, 1999.

School Violence Prevention

Gun-free zone legislation. Develop safe routes to and from school (police,

business & parent volunteers). Campaign to break the student code-of-silence

with respect to weapons, et cetera. Metal detectors. Plastic see-through book bags. Standardized school incident report forms.

School Violence Prevention Pre-arranged safe area for evacuated students. School floor plan readily available. Establish a parent staging area. Prohibit book-bags in classrooms. (Leave them in

lockers.) Weapons are easily concealed in book-bags. Cellular or digital telephone in the classroom for

emergency calls. If practical, leave doors to hallways open during class

so that a passerby could notice and alert someone of trouble in the classroom.

If trouble or gunfire erupts somewhere else in the school, shut the classroom door if evacuation is not a safe option. Do not send a student to investigate.

Effective discipline policy and Alternative Dispute Resolution (ADR).

School Violence Prevention Personal-level intervention. Discussions with bullies

and victims. Establish a method for persons to report

(anonymously) suspicious activity. Whenever possible, eliminate dark, secluded and

unsupervised areas. Be aware of who is in the school and why. No one should be able to walk right into the office or

roam the halls. Set up reception areas for visitors. Install door sensors and cameras (target hardening). Establish a “safe room”. A safe room is a room where

faculty, staff, students, et cetera can go for assistance. This room should have doors that will lock, more than one way out and a telephone.

School Violence Prevention Social skills, anger management techniques training for

students. Establish a zero tolerance policy for violence,

threatening behavior, guns, drugs and alcohol. Institute an Anti-Bullying Program. Bullying is the

repeated, negative acts committed by one or more children against another. The acts may be physical or verbal. Studies suggest that there are both short and enduring consequences of bullying for both the victims and bullies. Chronically victimized students may, as adults, be at increased risk for depression, poor self-esteem and other mental difficulties. Bullies have been found to have a greater drop out rate and increased risk for violence and delinquency.

School level intervention. Increase supervision and school-wide anti-bullying awareness and training.

Critical Incidents

A critical incident is an event involving potential or actual injury, death, or property damage requiring an exceptional emergency response. There are two major categories of critical incidents: 1) natural disasters (such as floods, earthquakes, fires); 2) human-caused emergencies (such as plane crashes, hazardous material spills, riots, hostage incidents).

Critical Incidents

One of the most important phases of managing a critical incident occurs prior to the event’s occurrence, and that is the planning phase. In terms of Critical Incident Management, planning means preparing. The elements of pre-planning include: 1) evaluation and assessment of the Department’s capabilities and equipment; 2) clearly worded policy and procedure statement(s); and 3) training and equipping patrol officers, negotiators, emergency response teams, public information officers, victim management personnel, and critical incident commanders.

Critical Incidents

There are four phases of critical incident response: 1) Response Phase - isolate, contain, control, and communicate; 2) Deployment Phase - deploy special units, and establish perimeters and command post established; 3) Negotiation Phase - attempt to contact suspect and negotiate a resolution; and, 4) Resolution Phase - the suspect surrenders, or a rescue attempt/assault is conducted.

Critical Incidents

Next to a rescue attempt, the first 15 to 20 minutes of a crisis situation is the most dangerous. Confusion, fear, anger, frustration, and excitement among suspect(s), victim(s), and police may exacerbate the situation. Time is needed to help the situation to stabilize.

Action Imperative

Research and experience indicate that many critical incident commanders acquiesce to the pressure to do something. This pressure has also been called the “action imperative.” The pressure comes from the news media, family of victims, officers, S.W.A.T., internal feelings and “higher ups.” Once the assault takes place, often with someone being injured or killed, unprepared commanders commonly find themselves scrambling to articulate concrete reasons for why the assault was authorized. Suicidal persons, who were threatening no one but themselves, have been killed by police trying to “rescue” them.

High Risk Factors The suspect deliberately commits an action that he knows will cause a police

response or confrontation. The victim is known and specifically selected by the suspect, especially if the

suspect has had a romantic involvement with the victim, or if the victim is a family member.

There is a past history of problems between the suspect and the victim severe enough to warrant police intervention, especially if the problems involve allegations of wife or child abuse and/or the victim has filed a complaint against the suspect.

The suspect makes direct threats against the victim, combined with no substantive demands.

The suspect has a history of previous similar incidents. The suspect has experienced multiple recent life stressors, such as financial

loss, job loss, or emotional loss. The suspect’s cultural background emphasizes significance of “loss of face”

and/or the importance of macho/male dominance in personal relations. The suspect lacks family or social support system. The suspect verbalizes an intent to commit suicide. The suspect has given a “verbal will” to someone or has “set his affairs in

order.”

Active Shooters

law enforcement planners must also deal with the threat of the “Active Shooter.” An Active Shooter(s) is a suspect(s) who enters a building, event or organization determined to commit as many acts of murder or other acts of violence. The suspect may be a vengeance seeker, disturbed individual or politically motivated. Using people as hostages to obtain something from officials is generally not part of the Active Shooter’s plan.

Active Shooters

Training elements for “Active Shooter” first responders should include:   Isolation and surveillance techniques. Communication. Room to room search techniques. Containment techniques. Hand off to SWAT.   Different agencies will have differing opinions on how many officers

should arrive at a scene before trying to engage an Active Shooter(s). The circumstances of each situation will dictate the response in many instances. Generally, there should be a team of officers who can enter, cover, engage the suspect, and provide information by radio to arriving personnel.

School Violence Prevention Awareness. School officials must be sensitive to

mutterings of a potential confrontation. (Don’t explain things away or rationalize!)

Gangs. Drug-related. Personal animosity. Scheduled fights. Disgruntled parents or students. Disturbed students. Parent, Teacher, Public Safety and Student Quorums.

Establish periodic meetings to discuss issues and concerns.

Classroom level intervention. Class meetings and discussions.

September 11, 2001

Homeland Security Act of 2002-Encourages cooperation between local, state and federal agencies including technology.

Patriot Act of 2001-Allows for intelligence sharing and grants to local and state agencies.

Communication Process

Encode Transmit Medium Reception Decoding Feedback

Medium

Oral (face to face). Radio. Telephone. Email. Written. Sign language.

Communication

Channel I: Nonverbal Channel II: Verbal Channel III: Para-verbal (How we say things,

grunts, groans, tone, etc.)

Effective Use of Silence

When you are about to say something important; or

When you have just said something significant.

Communication Interference

Noise, temperature, physical distractions. Inability to hear or see. Poor sender-receiver relationship. Language. Dropped calls.

Communication Barriers

Senders incorrectly assumes that the receiver has knowledge needed to understand the message.

Unsuitable medium. No feedback. Feedback incorrectly interpreted. Cultural differences. Poor listener. Jump to conclusions.

Roadblocks to Effective Listening

Not paying attention. Pseudo listening. Rehearsing & waiting for disagreement. Interrupting. Interference. Hearing what is expected. Being defensive.

Interpersonal Roadblocks

Moralizing. Directing. Admonishing. Teasing. Sarcasm. Connotative language. Lack of respect. Taking “it” personally & emotions.

Building Rapport Time – as time progresses, relationships can

develop. Self-disclosure – don’t force it, but when

appropriate discuss your own interests or feelings.

Empathy – not sympathy. Show concern – use tone of voice. Help person to save face. Utilize “active listening” skills.

Active Listening

Emotion labeling – also be aware of missing emotions.

Paraphrasing. Reflecting or mirroring. Effective pauses. Minimal encouragers. “I” messages.

Johari Window

Conflict

Conflict involves competition between 2 or more individuals or groups who have incompatible interests and who are interdependent.

Responses to Conflict

Avoidance Accommodation Competition Compromise Collaborate

Approaches to Addressing Conflict

Positional – contest , demands, locked positions. The positional approach is the traditional model.

Interest Based – underlying needs, values, & goals of the parties. Particularly useful when relationships matter.

Approaches to Addressing Conflict

Power based approach – one party wields power over the weaker party.

Rights based approach – is based on rules and regulations.

Interest based approach – is based on the parties’ underlying needs or interests.

Distributive Negotiation

Traditional model. Parties view the potential outcome as

limited to a fixed pie with only so many slices that can be distributed.

A win for one party is a loss for the other.

Integrative Negotiation

Parties educate each other about their respective needs and engage in problem solving to reach a resolution that integrate their needs.

Relationships are important. Look for shared interests.

5 Step Conflict Resolution Model

1. Assess the situation – Identify parties, sources, triggers, & issues.

2. Clarify the problem – Use direct communication, active listening skills, “I” messages, attack the issue not people.

3. Define interests and common ground.4. Generate Options – Brainstorm, invent

first decide later, overlapping interests, win-win.

5. Decide & Implement – Collaborate on criteria.

9 Step Process for the Mediator

ID interests and distinguish from demands. ID each side’s worst fears and best outcomes. ID overlapping interests. ID transaction costs. Point out overlapping interests & how they move

each side closer. Point out how transaction costs move each side

further away. Concentrate on interests and avoid demands. Suggest alternatives that will reduce transaction

costs and move each side closer. Be professional, stick to issues and be non-

judgmental.

Human Resource Management

Policy and procedures. Performance appraisals. Recruiting. Promotion evaluations. Position classifications. Benefits. Union negotiations. Training programs.

Recruitment & SelectionRecruitment & Selection

Human ResourcesPlanning

Human ResourcesPlanning Job AnalysisJob Analysis

Determine recruitment& selection needs

Determine recruitment& selection needs

HRM Planning: Job Analysis

HRM Planning: Job Analysis

Job analysis determines the tasks, duties and responsibilities of the job. A job analysis should be done for each job in the

organization. Job analysis can be done by:

Observe current workers. Questionnaires filled out by worker and managers.

Current trends are toward flexible jobs where duties are not easily defined in advance.

Reliability & ValidityReliability & Validity

Selection tools must be reliable and valid. Reliability: the degree to which the tool

measures the same thing each time it is used. Scores should be close for the same person taking

the same test over time. Validity: Does the test measure what it is

supposed to measure? Example: does a physical ability test really predict the

job performance of a firefighter? Managers have an ethical and legal duty to

develop good selection tools.

Americans with Disabilities Act (ADA)

Has a disability or is perceived to have a disability;

Otherwise qualified; and Denied solely because of the disability. Reasonable accommodation. Current use rule.

Defenses

BFOQ Business Necessity Employee’s claims (facts) are not true

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits the unequal treatment of persons based on race, color, national origin, religion, gender, age, or disability.

Disparate treatment. Prove that you:1. A member of a protected class; and2. Qualified; and3. Rejected, demoted, or terminated; and4. Position filled by a person not in a

protected class.

Title VII of the Civil Rights Act of 1964

Disparate Impact: Practices or procedures that are not intentionally discriminatory but have the effect of discrimination.

Four-Fifths Rule: Minorities are hired or promoted at a rate less than fourth-fifths of the rate for the group with the highest rate of hiring or promoting.

Employees prima facie case

Belongs to a protected group Was qualified for the job Was rejected Position remained open and search

continuedEmployer claims action was taken for

legitimate nondiscriminatory reasons. Employee counters that the reasons are simply a pretext for discrimination.

Affirmative Action: Life in the 1960’s

Oppression of the Rights of Women and Minorities

Right to Vote Restriction of First

Amendment Rights: Free Speech / Right to Protest

Discrimination Separation of Races Violence

Why Affirmative Action?

Employers were much more likely to employ a white than a minority.

Minorities usually had only the most menial of jobs open to them.

Minorities and women were often paid lower wages, even if their work was better than their white counterparts’.

Civil Rights Act of 1964 Title I Equal Voting Rights Title II Outlawed Discrimination in Public Places Engaged

in Interstate Commerce Title III Encouraged and Provided a Means for the

Desegregation of Public Schools Title IV Authorized Withdrawal of Funds from Programs

Practicing Discrimination Title V Outlawed Employment Discrimination; Created

Equal Employment Opportunities Commission

What is Affirmative Action?

A common misunderstanding:

Reservation of certain facilities to ‘under-privileged’

minorities

What it really means: Title VII of the 1964 Civil Rights Act states that: “703 (j)

Nothing contained in this title shall be interpreted to require any employer… to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin group on account of any imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin by any employer…”

Affirmative Action = Reverse Discrimination?

What does Affirmative Action really mean?

1. Among qualified candidates (applicants, etc.), affirmative action means that the underrepresented candidate(s) should get the nod; or

2. Among equally qualified candidates, affirmative action means that the underrepresented candidate should get the nod; or

3. Among unequally qualified candidates, affirmative action means that underrepresented status serves as a "plus factor" that may elevate an (otherwise) less qualified candidate over (otherwise) more qualified candidates; or

4. Affirmative action means equality of opportunity as opposed to equality of outcome.

Employee Polygraph Protection Act

Prohibits:1. Requiring or causing employees to take

lie detector tests;2. Using the results of a lie detector tests;

and 3. Taking negative action as a result of a lie

detector tests. Exceptions: police, people dealing with $

$, certain security personnel.

Age Discrimination in Employment Act (ADEA)

Discrimination on basis of age against persons 40 or older; and

Mandatory retirement for non-managerial employees.

Public safety exception.

Family Medical Leave Act 12 weeks per 12 month period. Benefits continue during leave. Unless and exception exists, the

employer guarantees reemployment after leave.

FMLA does not apply to employers employing less than 50 employees or to employees with less than year seniority or less than 25 hours per week for the previous year.

USERRA

Uniform Services Employment & Reemployment Rights Act

Reemployment rights Free from discrimination & retaliation Health insurance Pension protection

Equal Pay Act

Men and women doing the same job, same qualifications, should be paid the same.

Free speech of government employees

A government employee in Indiana is wrongfully disciplined for statements made by the employee if:

First, the employee was speaking on a matter of public concern about which free and open debate is vital to the decision making of the community.

Second, the reviewing court must balance the interests of the employee, as a citizen, in commenting upon matters of public concern and the State's interest, as an employer, in running an efficient operation.

Third, the employee's protected conduct must be a motivating factor in the State's decision to [discipline the employee.]

Free Speech and Public Employees

Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) made it clear that public employees have no cause of action for First Amendment retaliation unless they were disciplined for speaking as citizens about a matter of public concern. When public employees make statements pursuant to their official duties, they are not speaking as citizens and "the Constitution does not insulate their communications from employer discipline.”

Freedom of religion of government employees

Generally, a reasonable accommodation must be made to allow an employee to practice their religious beliefs.

However if strongly-held religious beliefs that, if exercised by law enforcement officers during the course of their duties, would thwart the most basic tenets of public protection: the neutral enforcement of laws and protection of potential victims, then a police agency can terminate the officer. An accommodation that would allow a law enforcement officer to choose which laws to enforce and whom to protect would be "unreasonable [for] any police or fire department to tolerate." Endres, 2003 WL 21480361.

FLSA Overtime

Except for public safety employees anything over 40 hours in a work-week for non-exempt employees is compensated at 1.5 times the rate of pay or in comp time.

Exempt employees.

Performance Appraisals

Job related Reliable – measures what it is designed to

measures. Valid – behaviors being measured are

relevant. Job task analysis can be used to identify SKAs.

Rating Errors

Pygmalion effect. Halo error. Recently error. Tendency error.