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Police Misconduct

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kevin on

on 4 November 2013

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Transcript of Police Misconduct

What is police misconduct?
B Police Brutality
Table of Contents

A) Racial Profiling
i) Racial Profiling in Canada
ii) Racial Profiling in Canada (cont.)

B) Police Brutality

C)Use of Discretion
i) Uncontrolled use of discretion
ii) Reduction of Discretion

D)Bad Apple Theory
i) Bad Apple Theory (cont.)

Problems And Effects from Police Misconduct
A Racial Profiling
Why does it exist?
Police Misconduct
C Use of Discretion
“One rotten apple spoils the whole barrel”.
(states that police corruption can spread fast among one another)
D Bad Apple Theory
Racial Profiling in Canada

Uncontrolled use of discretion
Problems and effects from police misconduct
The End.
The “bad apple” also known as the “bad” person can be removed from the police force by being monitored to protect the rest
Sherman (1974) presents an excellent model of police corruption, attracting attention to two set causes to police wrongdoing: constant and variable
Constant factors begin by recognizing the role played by discretion
Police work concern high levels of police secrecy and solidary.
D Bad Apple Theory
(cont.)
The second cause being variable, which has to do with moral distrust in a community.
“The greater the number of opportunities for corruption, the greater the likelihood that corruption will occur”
For example, the police officers working in the drug enforcement confiscate two kilos of cocaine from a drug dealer’s home. What if they kept half for personal use how would anyone know?
Fear (for safety or contact)
Loss of trust in law enforcement
Post traumatic stress disorder (PTSD)
Example incidents:
Montreal shootings (general); searching for suspects
Loss of respect for police
The use of race or ethnicity as grounds for suspecting someone of having committed an offence. (Goff 2010)
What is it?
Racial profiling is a form of racial stereotyping. As racial stereotyping and discrimination exists in society, it also exists in institutions such as law enforcement agencies, the education system, the criminal justice system etc., which are a microcosm of broader society.
Scot Wortley's 1997 Ontario study, called "The Usual Suspects: Race, Police Stops and Perceptions of Criminal Justice,"

About 28 per cent of blacks reported being stopped at least once in a two-year period, compared to 14.6 per cent of whites, and 18.2 per cent of Chinese contacted for the study.

The higher proportion of blacks charged also affects attitudes, Wortley said. Black men who have experienced profiling, perceived or real, are less inclined to be polite. Faced with that attitude, an officer would be more inclined to lay a charge

Racial Profiling in Canada
(cont.)
Regardless of whether profiling can be proven to occur in any given context, the widespread perception among racial profiled groups that it is occurring is cause for concern.

The perception of racial profiling is so strong that it has found its way into popular culture. Recent television shows have dealt with the subject as have movies and music. For example, in his song “Mr. Cab Driver”, Lenny Kravitz sings:

“Mr. Cab Driver don't like the way I look
He don't like dreads he thinks we're all crooks
Mr. Cab Driver reads too many story books”

Rodney King (USA)- An African American man driving drunk with others in the car, police pull him over, King resists. Officers believe their use of excessive force was justified and charges against the officers were acquitted, leading to a public outrrage.
...situations when the actions of police officers are 'inconsistent with the officer's legal authority, organizational authority, and standards of ethical conduct' (Barker & Carter, 1986)

Examples:
searching suspect's home without warrant
physical or verbal abuse when interrogating suspect
tampering with evidence
use of excessive force
deceit (the public or those in trust)
In other words, a police officer conducting in a way that is exercising their power impartially, breaching trust, misusing official information or material or committing a criminal offence
YVR Airport Tasering
Chicago Woman Thrown By Police
is the wanton use of excessive force, usually physical, but potentially in the form of verbal attacks and psychological intimidation (by a police officer)
Widespread police brutality exists in many countries, even those that prosecute it. It is one of several forms of police misconduct, which include: false arrest; intimidation; racial profiling; political repression; surveillance abuse; sexual abuse; and police corruption.
Over the years police brutality has been gaining attention due to the fact that everyone has a cell phone or electronically device that has a recording device
The power or right to decide or act according to one's own judgment
Police discretion is a very important aspect in matters concerning criminal justice
Philosophers Ronald Working and H.L.A. Hart have referred to discretion as 'the hole in the doughnut' because “Discretion is the void in the middle of a ring consisting of policies and procedures”
There are situations in which the law is ambiguous and the police officer will disregard the various interpretations of the law and employ his or her discretion in arriving at a decision
Discretion has been seen as inviting partiality
Racist officers might abuse the discretion aspect and make arrests on the basis of ethnic background
C Use of Discretion
(cont.)
Police discretion has been observed to be common in domestic violence and traffic offences
Police treat domestic violence as a private matter better left for counseling, cooling off periods, and social service referrals which could result in very dangerous situations for couples
Examples of POLICE DISCRETION AND DISCRIMINATORY ENFORCEMENT:


A policeman stops a long-haired youth who is playing a harmonica in the park and asks him for identification; when the youth appears arrogant
Versus.
When a policeman recognizes a drunk driver as the son of the president of the local bank and decides not to arrest him
The greatest part of the problematic nature of the use of discretion is found in its uncontrolled use
The fact that officers are all different and exercise discretion differently also creates a problem with the public (Wilson 1968; Muir 1977; Klinger 1997)
The relationship between the police and the public is harmed
Disadvantages of discretions are found in uncontrolled use of discretion in the area of violation of individual rights, especially towards those requiring due process of law and equal protection of the law as well as protection from unreasonable searches and seizures, and lastly protection against compelled self-incrimination

Reduction of Discretion

Legislations such as the “zero-tolerance law” which requires the use of police sanctions have also contributed to a reduction in police discretion
Example:

The development of policies and procedures on the use of deadly force had had a considerable impact in New York City. The police in this City implemented a “defense of life policy” and it was found that the new policy reduced discharges in the firearms by 30%. As other departments followed suit, the number of those killed by the police in a shootout nationally dropped by 50% in the years 1970-84. The corresponding ratio of blacks to whites killed during this period also dropped by 50% (Walker & Katz, 2002)
E
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