DSST Intro to Law Enforcement

Rotten apple theory most common explanation however

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Rotten Apple Theory – most common explanation however, many experts contend that the rotten-apple theory cannot explain why some departments have a long history of corruption g. Strategies to curb corruption include: g.i. Strong Chief g.ii. Clear policies on deviance g.iii. Strong leadership g.iv. Thorough investigation of suspected corrupt officers g.v. Effective officer supervision Selective personnel recruitment h. External methods of curbing corruption include Special Investigation commissions and criminal prosecution h.i. Mellon Commission of 1990 – independent commissions but lack police knowledge and result in hostile reception from officers i. In 1998 the FBI investigations reported that 50% of all Police Corruption are drug related 112. Occupational Deviance – another form of police deviance a. Criminal and non-criminal actions are used by an officer in the course of their work (example: sleeping on the job or a racial slur to a minority) 113. Police Officer to Population ratio does not affect the crime rate a. Washington DC has the highest police officer to population ratio and does not have a correlating low crime rate 114. Bill of Rights – first ten amendments of the Constitution a. Created to restrict government actions against individuals 115. Before the 1960s there were no guidelines issued by the US Supreme Court relating to individual rights- abuse was common practice 116. Due Process – the constitutional right to fairness and equity in the Criminal Justice System a. Laid down in the 5 th , 6 th , and 14 th Amendments of the Constitution 117. Chief Justice of the Supreme Court Earl Warren in the 1960s required that the police adhere to strict due process guidelines 118. Ratification of the 14 th Amendment in 1868 made due process a constitutional right for all Americans under Federal Law a. Not until the 1960s Supreme Court cases would it become applicable in State proceedings b. A Case which establishes a precedent in due process matters means that it changes our understanding and interpretation of the law 119. Due Process requirements must be met by the police during search and seizure, arrest and interrogation a. Individuals have a right to live in their homes and not be subject to unreasonable searches and seizures by virtue of the 4 th Amendment of the Constitution b. Weeks vs US in 1914 – the defendant’s house was searched without a warrant he was convicted, the Supreme Court overturned the conviction based on illegal search and breach of the 4 th amendment rights c. In 1914 – the Supreme Court announced the Exclusionary Rule – which prohibits the use of evidence seized by Federal agents in violation of the 4 th Amendment. Very controversial, because the guilty get off on a technicality c.i.
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  • Winter '12
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