Law Homework Help

Answer the Primary Questions (250 words). Respond to 3 classmate post (250 words each)the following questions:

Also remember these comprise what is referred to as the “primary post”, i.e., these should be posted in a single post with one response on top of the other. Each should be numbered to clearly show where the response to #1 ends and the response to #2 starts.

1. Compare today’s new officers to those who came into the police agency 10, 20 or even 40 years ago. How are they similar? How do they differ?
2. What are the most common errors in decision making? What can the police administrator do to avoid these common errors?

Classmate 1 Max:

1. Compare today’s new officers to those who came into the police agency 10, 20 or even 40 years ago. How are they similar? How do they differ?

Comparing police officers of different decades is, in large part, a comparison of the different societies and cultures in which they worked. For example, we’ve discussed the high crime rate in the 90s and how that created a society that wanted to establish “law and order”. This was manifested through the introduction of tools like CompStat, a national push to hire more law enforcement officers, and an adoption and allowance of more aggressive policing methods, such as the Broken Windows Theory in New York City. The national mindset was clear: we need to empower law enforcement so that they can fight the scourge of criminality. Contrast that with today, where law enforcement no longer enjoys the widespread support of the public and you can see the very different habitats in which police officers develop. An officer in the 90’s would likely be more proactive and assertive while an officer today is less likely to seek out crime and more likely to be accommodating and acquiescent. Additionally, as time goes on the court system also amends the framework in which police officers operate through its precedent-setting decisions. For example, before Tennessee v. Garner it was permissible to shoot a non-violent fleeing felon. Today, that is considered an obvious use of excessive force that would likely result in prison time for the officer. This provides another glimpse into how the mindset of an officer in 1981 would differ from an officer today.

Yet another difference that bears mentioning is that of the educational level of society and, in turn, its officers. For example, in 1940 only 5% of the population had completed at least 4 years of college whereas in 2019 nearly 37% had (Bonn & Roberg, 2004). Some police departments even require a 4-year degree now, but even those that don’t will enjoy more educated officers based on societal makeup. To me, this is an important difference because studies that have examined the relationship between higher education and performance reveal the following: those officers with a higher degree were more flexible, less authoritarian, more aware of social, cultural, and ethnic problems, had a greater acceptance of minorities, more professional in their behavior, more understanding of human behavior, more likely to receive better evaluations from supervisors, have fewer citizen complaints, fewer disciplinary actions, tend to use less force, and are less likely to be involved in cases of individual liability.

Despite the aforementioned differences, I think there are several similarities that still exist between officers across the decades. The most important one is the desire to help people. Whether someone is a tactical military veteran who dreams to be a SWAT officer or just someone who liked the idea of helping people with their problems, those who become police officers know that they’re joining a profession whose job it is to help people in emergencies. Beyond that, many also view the job as a stable career that will allow them to provide for themselves and family. These are two of the most likely similarities that I think will remain constant over the years.

Roberg, R., & Bonn, S. (2004). Higher education and policing: Where are we now?

Policing, 27(4), 469-486.

2. What are the most common errors in decision making? What can the police administrator do to avoid these common errors?

It’s a daunting task to identify the common errors in a police officer’s decision making because every situation is different and every officer is different, with their own aptitudes, biases, and life experiences informing how they process and view information. And more than that, it’s important to assess a decision in the context in which it was made. As the Supreme Court wisely noted in its decision on Graham v. Connor, “…police officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.” And so decisions, and what makes them good or not, must be viewed with the understanding that time is not usually a luxury available during the decision-making process. Furthermore, Herbert Simon identified a limiting factor in decision making he called “bounded rationality”, which posits that there is so much potentially relevant information available to a decision maker that it is impossible for the human brain to know or process it all. For example, police officers are introduced to case law that covers a variety of nuanced interactions they may encounter in the field but when faced with a fleeing criminal it’s easy to understand how an officer might not have time to carefully review the holdings from each case in his mind.

That all being said, sometimes officers’ decisions are wrong even when viewed with the aforementioned considerations. Some apparent causes of these errors could come from knowledge gaps, such as in not knowing emerging restrictions set by case law; emotional responses, such as reacting in anger; biases or generalizing based on life experiences; or physical mistakes such as drawing a firearm when you intended to draw a taser. And more specifically to police, a study in Police Quarterly showed that “Dispatch Priming” can occur, which is when an officer’s decision to shoot is heavily influenced by the dispatched information. Finally, law enforcement is an inherently stressful profession and, as such, police officers are exposed and vulnerable to mental disorders as a result. PTSD, anxiety, sleepiness, and fatigue are all common ailments that can plague a police officer.

What the police administrator can do to address these issues is varied, but a robust training program will help address common errors like knowledge gaps and muscle memory flaws. Frequent review of constitutional limitations would help equip officers with an immediate “rolodex”, so to speak, of actions based on the facts and circumstances. Additionally, increased use of force training will help avoid misidentifying tools and using an excessive level of force. With sleepiness and fatigue, the problem can most quickly be addressed by setting limits on the amount of hours that can be worked in a given period of time. That can mean a cap on total hours in a week, or a required amount of time off before working again, or the amount of hours an officer can work consecutively. While potentially more disruptive, a commuting distance can be implemented so that officers aren’t driving an hour to and from work, thereby losing out on time to sleep. In regards to the mental stress and its effects, administrators need to make health and well-being services available to its officers. That could include basic things like gym memberships and training on proper coping mechanisms, as well as counseling services and anxiety-managing skills.

Bate, L., Hutchinson, A., Underhill, J., & Maskrey, N. (2012). How clinical decisions are made. British Journal of Clinical Pharmacology, 74(4), 614–620.

Lees, T., Elliott, J. L., Gunning, S., Newton, P. J., Rai, T., & Lal, S. (2019). A systematic review of the current evidence regarding interventions for anxiety, PTSD, sleepiness and fatigue in the law enforcement workplace. Industrial health, 57(6), 655–667.

Taylor, P. L. (2020). Dispatch Priming and the Police Decision to Use Deadly Force. Police Quarterly, 23(3), 311–332.

Taylor, P. L. (2019). Beyond false positives: A typology of police shooting errors. Criminology & Public Policy, 18(4), 807–822.

Classmate 2 Michael:

1. Compare today’s new officers to those who came into the police agency 10, 20 or even 40 years ago. How are they similar? How do they differ?

Culture and professionalism are at the core of police officers today, and this holds true to those who entered the career up to forty years ago. Many elements change from governmental political affiliation, societal norms, training, knowledge, experience, policies, standards, case law, personality, and many others. The continued professionalization of Policing and the growing expectation for career development and practices stand at the forefront of individual and organizational composition (Hanson & McKenna, 2011). In addition to organizational change, individual change occurs within new officers associated with many of the aforementioned elements. Training, knowledge and experience affect outlooks and performance of officers, as well as personality traits (Masood, et al., 2017). In 2015, 21^stCentury Policing through the efforts of President Obama’s Task Force, became an organizational and a societal influence on policing in how it is viewed and how it is performed. Problem oriented policing and community policing has contributed to these impacts through this initiative as well.

It wasn’t until the year 1960 until formal police academies were established in the United States. This is despite the fact that professional police services were around for almost 150 years (White & Escobar, 2008). Recruiting has always been a challenge for many reasons and is becoming more difficult. Diversity and finding willing and capable candidates have always been a difficulty in recruiting and still holds true today. Social, political and religious factors play a part in those considering joining the force. Racial and ethnic belief systems also play a role in those deciding to join or not. Education is a main factor in today’s society, as society has become increasingly educated (White & Escobar, 2008). The demands are becoming more and more difficult. Recruiting issues remain the same, the causation of the problem is different

Officers coming into the job today are products of the times, just as they were twenty and forty years ago. A common factor is the reason for doing the job. This always boils down to policing is the preservation of a valued way of life and protection of those who cannot protect themselves (Loftus, 2010). This is often referred to the “thin blue line”, representing the fine line between order and chaos and/or good and evil (Loftus, 2010). Police work is a calling and a “lifestyle” that takes special people to do it. This is something that has remained consistent throughout time.

Some of the biggest differences in today’s police officer’s compared to officers in the past is personality traits and communication abilities affecting performance (Masood, et al., 2017). With technology and social media, personalities and abilities to communicate are reflective of this. New recruits are used to communicating “blindly” from behind a cellphone and/or computer screen. This cultural element poses a problem in an era of community policing and problem oriented policing. Officers are becoming substantively involved in community problems requiring in-person contact and conflict resolution skills (Vaughn, 1992). Problem solving and conflict resolution seems to also pose issues for newer police officers, as there is only so much that can be taught. This is likely due to recruits growing up in the United States during “everyone gets a trophy” and the “helicopter parenting” era. As a police instructor, I have witnessed the personalities and have direct contact with newer and veteran officers. The level of “life experience” differs greatly between generations. Newer officers need instructions and explanation when training, as well as constant recognition and praise for doing things correctly. The culture of the police academy has had to adapt to accommodate the generation of “feelings”. When speaking to veterans, they would have never thought of quitting or giving up when things were difficult. Psychology and personality are predictors of job performance and in this case, the success of police recruits (Masood, et al., 2017). I can say from personal experiences, more recruits have resigned and/or been terminated in the last 5 years than in previous years. The emotional ability to manage unavoidable stressors impacts recruits, as well as the realized unpredictable risks of the job (Ricciardelli, 2018). Surprisingly, many recruits come into the profession not fully realizing what the job entails. During the academy the “induced stress” through scenario-based training, in many cases is too much for recruits. Those recruits who did not grow up with strong character, life experience, and the ability to be self-reliant, are those who do not do well. Despite having greater levels of education, recruits lack life experiences or “survival” instincts equating to “street smarts” (White & Escobar, 2008). Police recruits reasons for wanting to help others and protecting the weak haven’t changed much, but the abilities of recruits to do so have changed drastically. Let’s just say the personalities of WW2 era individuals are very different than those in 1960 and 2021. Culturally, politically and socially Americans constantly change. This is certainly reflective of police agencies and the recruits signing up.

1. What are the most common errors in decision making? What can the police administrator do to avoid these common errors?

There are many contributing factors to errors in decision making in policing. These errors range from administrative paperwork, misinterpretation of policy/law, miscommunication, and poor operational decisions being made. Most of these errors are not egregious, life-threatening, or beyond repair. Knowledge, skills, and personality types (attitude and work ethic) play an important role in job performance (Masood, et al., 2017). The better prepared for duty an officer is, the less likely he/she will make a mistake. Training, being prepared for duty, and having the resources to perform reduce mistakes and errors in many ways. Officers who are trained and mentally prepared for duty are more effective. Knowledge and job experience plays a vital role in this as well. Officers who make mistakes on administrative paperwork, are those who do not frequently use a particular citation or form on a regular basis, or in cases where forms and documentation are updated without proper exposure. Administrative paperwork that have multiple lines and an abundance of information, sometimes inadvertently cause officers to make errors in placement of information or unintentionally leaving spaces blank. Offering a training opportunity or a counseling session on how to properly fill out the form usually reconciled the issue.

Training is paramount in decision making. An agency who establishes a subculture of professionalism and expertise, is one that relies heavily on education and training (Daroch & Mazerolle, 2013). Training and educating officers to the highest standards and requiring the highest expectations reduce occurrences of errors and mistakes inherently. Officers who are willing, able and capable in their duties will naturally perform better. Training specific employees to do specific jobs and working with sufficient manpower assist in ensuring tasks are completed timely and accurately (Ricciardelli, 2018). Specific roles in an agency assist in preventing errors and mistakes by having a “safety net”. Supervisors and administrative Records Staff, Crime Scene Staff, and others are mechanisms built into the agencies to identify and rectify any mistakes or errors with documentation or procedural issues prior to court. These individuals are trained specifically in the requirements for evidence and other documentation vital for court proceedings and public transparency. Having these staff members are important in maintaining a professional police organization. This holds true to members in the Criminal Investigations Section (CIS), Street Crimes Unit (SCU), and Directed Patrol Units (PDT). Having the highest quality of staff handling important and specific roles, contributes greatly to preventing mistakes and producing the highest quality performance (Darroch & Mazerolle, 2013).

Being prepared for duty mentally and physically is equally important. Internal and external factors regarding stress and overall outlook weighs heavily on a police officer. These factors play on the mind and body and affect performance. Officers who are overworked are tired, angry, and do not want to be at work (Ricciardelli, 2018). Naturally, if a person doesn’t feel good, need to sleep, or are in a bad mood, something bad is going to happen. Proactivity and attention to detail will diminish for sure. Having a bad attitude and outlook will likely cause a confrontation and inevitably result in a complaint to a supervisor. Police officers are human and have to maintain a “higher standard” at all times, on an off duty. Mistakes are made more on a bad day, than on a good day. Society and supervisors need to understand that every person is human, and humans are imperfect. People will make mistakes and errors naturally. It is up to management and supervision to ensure mistakes are minimized and rectified to prevent the same mistakes from occurring again by encouraging the best decisions.

Police administrators are responsible for preventing, identifying and rectifying errors, mistakes, and vulnerabilities. Hiring capable and competent staff both sworn and civilian sets the basis for organizational success. Establishing sound policies and procedures that are clearly communicated and understood is also essential. Creating a culture of success where all members contribute to innovation and growth will build a stronger “team environment” proves successful for entire agency (Darroch & Mazerolle, p.19, 2013). This solid foundation will allow for improved understanding, communication, and “buy in” to professional excellence. Preparing staff through initial and on-going training will only contribute to the continued growth and achievement of success. Policies preparing officers and staff for success are equally important to those regarding working conditions and resources. Sworn and civilian staff need to be treated fair and appreciated for their work. Policies should reflect the realities of providing the agencies with the tools, equipment and resources to perform their jobs efficiently and effectively. For example, crime analysts need computers and software, where police officers need Tasers and long guns. Officers have an array of situations to encounter from non-lethal encounters to active shooters. Having the training and equipment not only prepares them operationally, but also provides a peace of mind to knowing that the tools are available when needed (Ricciardelli, 2018). Police administrators hold a very important role in a police agency. Leading from the front and implementing innovation and effecting organizational change is a promising way to set standards, minimize errors, and prepare subordinates to make the best decisions (Daroch & Mazerolle, 2013).

-Murph

References

Darroch, S., & Mazerolle, L. (2013). Intelligence-Led Policing: A Comparative Analysis of Organizational Factors Influencing Innovation Uptake. Police Quarterly, 16(1), 3–37. https://doi.org/10.1177/1098611112467411

Final Report of the President’s Task Force on 21st Century Policing. (2015). Retrieved July 19, 2021, from https://www.ojp.gov/ncjrs/virtual-library/abstract…

Hanson, R., & McKenna, P. (2011). Respectful Leadership: The Emergence of Upward Nobility as a Way of Life in Policing. Policing : a Journal of Policy and Practice, 5(4), 287–299. https://doi.org/10.1093/police/par042

Loftus, B. (2010). Police occupational culture: classic themes, altered times. Policing & Society, 20(1), 1–20. https://doi.org/10.1080/10439460903281547

Masood, A., Rafique, R., Qaisar, S., and Musarat, R. (2017). Personality Traits as Predictor of Job Performance in Police Officers. Bahria Journal of Professional Psychology. https://advance-lexis-com.ezproxy2.apus.edu/api/document?collection=news&id=urn:contentItem:5T6Y-S7H1-JCH9-G20X-00000-00&context=1516831.

Ricciardelli, R. (2018). “Risk It Out, Risk It Out”: Occupational and Organizational Stresses in Rural Policing. Police Quarterly, 21(4), 415–439. https://doi.org/10.1177/1098611118772268

Vaughn, M. (1992). Problem-oriented policing : A Philosophy Of Policing For The 21st Century: Psychology of policing. Criminal Justice and Behavior, 19(3), 343–354.

White, M. D., & Escobar, G. (2008). Making Good Cops In The Twenty-First Century: Emerging Issues For The Effective Recruitment, Selection And Training Of Police In The United States And Abroad. International Review of Law, Computers & Technology, 22(1-2), 119–.

Classmate 3 Hannah:

1. Compare today’s new officers to those who came into the police agency 10, 20 or even 40 years ago. How are they similar? How do they differ?

The overall role that police officers fulfill in society has not changed over the years, but the targeted applicants (White & Escobar, 2008), level of education and competence (Hilal, Densley & Zhao, 2013), and the pursuit of a more professional force that is open to research-based tactics (Potts, 2017) has developed significantly. First, the intentional actions by police departments across the United States to hire a more diverse force via a proactive approach (White & Escobar, 2008) will create a department that is more flexible, culturally sensitive, and more connected to the community it serves. Not only will a more diverse cast more accurately represent the community, it will also increase the pool of applicants to choose from. When the pool of applicants increases, the policing agency will have a greater ability to pick the cream of the crop. Second, although a four-year degree is not commonly a prerequisite to obtaining a badge, the percentage of police officers with four-year degrees has increased from 23% in 1990 to 25-30% in 2010 (Bruns & Magnan, 2014). There is no significant correlation between a four-year degree and personal benefits for police, but there is a correlation between police officers with a four-year degree and 1. appropriate responses to mentally distressed individuals; 2. transferrable study skills that help individuals during promotional exams; 3. a lowered propensity for use of force and involvement in shooting incidents than their less educated peers (Hilal, Densley & Zhao, 2013). The benefits to the public of a more educated policing force are numerous, as they tend to expose members to a more diverse environment of peers, which makes the law enforcement officer both more compassionate and less likely to view members of the community they serve that are different from them as “other.” Finally, the push for research-based policing tactics is hinged on the practice being recognized as a profession, which would rely on a nation-wide standardization of the profession such that doctors, lawyers, and other such professionals are subjected to (Potts, 2017). Potts continues to prove this point by alluding to how sexual assault victims that expressed recollections later in an interview were historically perceived to be fabricating a tale, yet research on this subject over the last two decades has proven that memories associated with traumatic events are not linear. Thus, as a result of applying research-based concepts, investigators now are less likely to dismiss a case of sexual assault when further details are later revealed by the victim. This is but one example of how law enforcement departments can question and amend the policing tactics of today in order to provide a better service to the public that they serve.

Bruns, D., & Magnan, K. (2014). Police officer perspectives on higher education: Is the degree a necessary ingredient for the performance and behavior of police officers. Journal of Law and Criminal Justice, 2(2), 27-45.

Hilal, S., Densley, J. & Zhao, R. (2013). Cops in College: Police Officers’ Perceptions on Formal Education. Journal of Criminal Justice Education, 24(4), 461-477.

Potts, J. (2017). The benefits, challenges, and lessons of evidence-based policing. The Journal of California Law Enforcement, 51(2), 1-8.

White, M. & Escobar, G. (2008). Making good cops in the twenty-first century: Emerging issues for the effective recruitment, selection and training of police in the United States and abroad. International Review of Law, Computers and Technology, 22(1), 119-134.

2. What are the most common errors in decision making? What can the police administrator do to avoid these common errors?

Police officers can best respond to an array of scenarios that are high stress by having a firm grasp on the laws that govern their actions and those they serve and also by being well-versed on their standard operating procedures (Shortland, Thompson & Alison, 2020). When the enforcers of the law are themselves breaking the law by violating a citizen’s constitutional rights, the faith that the public has in this policing force weakens and becomes fragmented. As the opinions and trust of the public is imperative for a successful police department (through informants, a trust that the police are effective, and a belief that police officers work in good faith), law enforcement officers are tasked with keeping up with court decisions and changes in local policy so that they may keep from making decision errors when faced with different circumstances. Finally, investing in the individual police officer’s education – whether formal or informal on the job training – is instrumental in curbing the rate of errors that occur while responding to a multitude of types of crimes in high-stress situations.

Shortland, N., Thompson, L., & Alison, L. (2020). Police perfection: Examining the effect of trait maximization on police decision-making. Frontiers in Psychology, 11.