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© 2011 Delmar, Cengage Learning Part IV Control Processes in Police Management Chapter 14 Accountability © 2011 Delmar, Cengage Learning Learning Objectives Understand the importance of accountability.

© 2011 Delmar, Cengage Learning Part IV Control Processes in Police Management Chapter 14 Accountability © 2011 Delmar, Cengage Learning Learning Objectives Understand the importance of accountability. Distinguish between internal and external accountability. Understand procedures for ensuring accountability internally, including internal affairs and codes of ethics. Develop procedures for ensuring accountability externally, including civilian review, citizen complaints, state tort and Section 1983 civil liability, accreditation, and criminal liability and the exclusionary rule. © 2011 Delmar, Cengage Learning Accountability The requirement the subordinates be able to provide satisfactory reasons for significant deviations from organizational goals and expectations Essential when: Mistakes and misconduct occur Performance falls below expectations Outcomes differ from expectations © 2011 Delmar, Cengage Learning Two Sources of Accountability Within the police department Internal affairs Codes of ethics Outside the police department Civilian review Citizen complaints Civil liability © 2011 Delmar, Cengage Learning Promoting Accountability from the Inside Internal Affairs Codes of Ethics © 2011 Delmar, Cengage Learning Internal Affairs Specialized staff unit for policing the police Some purposes of internal investigations: Investigate complaints of police misconduct Investigate police use of deadly force Evaluate policies related to police ethics and behavior Trial board: responsible for rendering judgment after hearing a case presented by internal affairs © 2011 Delmar, Cengage Learning A Police Officer Bill of Rights Ban on the use of polygraphs and alcohol detection devices Defined hours when an interrogation of a suspected officer may be conducted by an investigator Advance notice to an officer who is being investigated, which includes the accusation and the name and address of any complainant Accusation and trial procedures that ensure an officer’s right to counsel, cross-examination of accusers and witnesses, and established penalties Right of an accused officer to pick some members of any review panel or trial board which will sit in judgment of the officer upon completion of the investigation © 2011 Delmar, Cengage Learning Codes of Ethics Consist of several standard elements: Legality (enforcing and upholding the law) Service (protecting and serving the public) Honesty and integrity (telling the truth, being honest in action) Loyalty (to other police officers) The Golden Rule (treating people with respect) Can be traced to the movement to professionalize policing Provides model for officer’s behavior in private life and use of force, etc. © 2011 Delmar, Cengage Learning Promoting Accountability from the Outside Civilian review Citizen complaints Civil liability © 2011 Delmar, Cengage Learning Types of External Review Three models: Civilian Review Model Civilian body investigates, adjudicates, and recommends punishment Civilian Input Model Vests the receipt and investigation of complaints in the hands of civilians All other functions remain the responsibility of the police departments Civilian Monitor Complaints are received by the police department and the process, from the beginning to end, is monitored by an external unit © 2011 Delmar, Cengage Learning Civilian Review Represents an important step in promoting accountability Civilian involvement in the complaint process produces: More objective and thorough investigations A higher rate of sustained complaints and more disciplinary actions against guilty officers Greater deterrence of police misconduct Higher levels of satisfaction on the part of both individual complaints and the general public Effectiveness is unclear; most civilian review mechanisms only provide for disciplinary recommendations © 2011 Delmar, Cengage Learning Citizen Complaints Serve as an indicator to supervisors of how well their subordinates behave on the street May be used to improve performance, enhance image, and strengthen relationships with citizens Warn supervisors when problems are brewing It is difficult to have a complaint resolved in favor of the person filing the complaint. © 2011 Delmar, Cengage Learning Civil Liability Effects of being sued for misconduct: Drives up insurance premiums Tarnishes department’s image and negatively affect morale Instills fear and paranoia in frontline police officers Administrators can be held liable Section 1983 Allows plaintiffs to sue state officials in federal court for violations of federally protected rights Tort liability A civil wrong for which a person can recover damages A plaintiff must show that the officer owed the plaintiff a legal duty, that the officer breached that duty, and that actual damage or injury resulted Intentional torts Negligence torts © 2011 Delmar, Cengage Learning Accreditation Standards Written directives Management decision making Preparedness Relationships with the community Accountability Liability and risk exposure Professional excellence © 2011 Delmar, Cengage Learning Phases of Accreditation Application Self-assessment On-site assessment Commission review and decision Maintaining compliance and reaccreditation © 2011 Delmar, Cengage Learning Other Accountability Measures Exclusionary Rule Evidence obtained in violation of the Constitution cannot be admitted in a criminal trial to prove guilt “Fruit of the poisonous tree” doctrine Criminal prosecution Statutes act as supplements to state criminal remedies Police officer can also be convicted on criminal charges at the state level

using information attached in document compare and contrast your jurisdiction’s definition of “burglary” compared to the Common Law definition. 

using information attached in document compare and contrast your jurisdiction’s definition of “burglary” compared to the Common Law definition.  Should the Dodd-Frank Wall Street Reform and Consumer Protection Act be repealed?  Your paper must be at least two pages in length. All parts of your essay should be composed in one, cohesive paper with an introduction and conclusion. In addition to your textbook you must use at least two other scholarly sources. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

using information attached in document compare and contrast your jurisdiction’s definition of “burglary” compared to the Common Law definition. 

using information attached in document compare and contrast your jurisdiction’s definition of “burglary” compared to the Common Law definition.  Should the Dodd-Frank Wall Street Reform and Consumer Protection Act be repealed?  Your paper must be at least two pages in length. All parts of your essay should be composed in one, cohesive paper with an introduction and conclusion. In addition to your textbook you must use at least two other scholarly sources. Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.

For this Assignment, write a 2–3 page essay that describes how society’s response to crime impacts public policy, sentencing, practices,

LawFor this Assignment, write a 2–3 page essay that describes how society’s response to crime impacts public policy, sentencing, practices, and correctional operations. Your paper should include: An overview of the evolution of society’s views on crime and punishment The need for crime and punishment The shift in sentencing laws and impact (prisons, Get Tough On Crime, present day) An emphasis on punishment or rehabilitation currently How one’s ideas about multiculturalism and diversity impact their response to crime Use a minimum of two references, which can include the course textbook, to support your argument. Download and review the Assignment Checklist.

Part I  Telemarketing fraud is a widespread type of white-collar crime. Elderly victims are often specifically targeted. Why is telemarketing

Part I  Telemarketing fraud is a widespread type of white-collar crime. Elderly victims are often specifically targeted. Why is telemarketing fraud so difficult to prevent or prosecute? In what ways have the Internet and social media made telemarketing fraud a bigger problem? What characteristics of the elderly make them attractive targets for perpetrators of phone fraud? In addition, elderly victims are more susceptible to religious and charity-based scams. It is especially difficult to prosecute religious organizations when they are suspected of engaging in fraudulent activities. What characteristics of these large religious organizations make investigation difficult? How can law enforcement work around these issues? Part II Celebrities often endorse products. For example, Michael Jordan promotes Hanes underwear and Jennifer Garner promotes a credit card. How much responsibility should a celebrity endorser bear if the product they promote turns out to be fraudulent, unsafe, or harmful in some way? Describe a real-life example of a celebrity endorsing a harmful or illegal product. Explain why he or she should not be endorsing that product.

3. What is the practical goal of service of process? What are the federal and your state time limits for

3. What is the practical goal of service of process? What are the federal and your state time limits for service? Gaining Jurisdiction and to provide notice.  4. What are long-arm statutes? What injustice do they attempt to remedy?  5. What classes of persons and businesses will the long-arm statute reach in your state? What is (are) the method(s) of service required to comply with the long-arm statutes in your state?  6. Define in rem and quasi in rem jurisdiction. Who is served process in an in rem action? 7. How is service of process generally achieved in your state court system? What items are needed?  8. Define substituted and constructive service of process. 9. What are five techniques or sources for locating hard-to-find defendants?  10. How does a paralegal keep good records of service?  11. What is a default judgment? What is the benefit to the plaintiff of a default judgment? 12. What are the applicable rules and procedures for obtaining a default judgment? How and why may a default judgment be set aside?    Obtain fee schedules for the federal state, and local courts, including fees state, and local courts, including fees as well as fees for the filing of subsequent pleadings and motions (state of VA)    1. What is a motion? State the purposes of motions in general.  2. 2. What are the requirements for a motion under federal and your state rules? Identify the particular rules apply  .3. What is the purpose of a supporting affidavit in motion practice? A supporting memorandum of law? What is the difference between the two? 4. Describe the detailed procedure for filing and serving motions. What federal and state rules apply? 5. What is a motion to dismiss? What purpose does it serve? 6. What is a demurrer? What purpose does it serve?  7. What method should you use to determine the weaknesses in a complaint subject to a motion to dismiss the complaint? Explain how the method works.  8. Explain the procedure, applicable rules, and time deadlines for filing and serving a motion to dismiss in both federal and your state courts.  9. What are the other Rule 12(b) motions? Must they be made separately? 10. What are the other motions attacking the complaint? State their purposes.  11. When may an action be removed to federal district court? What is the correct procedure and what form is needed to remove an action to federal court?  12. What is the purpose of the answer? When must it be filed? What rule is applicable?  13. Be able to list style and content considerations for drafting an answer, including those that apply to denials.  14. What are the components of an answer and define each of them. What is the procedure for locating the possible defenses to a claim?  15. What is the purpose of the following: third- party practice, amending and supplemen ing the pleadings, a motion for judgment on the pleadings, and a motion for summary judgment?  Locate in your state rules the requirements, procedures, and time limits that apply to motions. Write a checklist for drafting, filing, and serving motions for both state and federal court, and place it in your systems folder. Verify the time limits pertaining to motions in the Pleadings, (State VA)

Overview: Imagine yourself being interviewed for an entry-level police officer position by three high-ranking members of a police agency. You

Overview: Imagine yourself being interviewed for an entry-level police officer position by three high-ranking members of a police agency. You will respond to three different situations involving corruption. This assignment will help you apply what you have learned about ethical leadership to real-world situations. You will need to consider the scenarios carefully, craft an answer to each scenario, and have research to defend your answer. In an interviewing situation, the interviewer may challenge your answer, even if it is the appropriate answer. That is why it is important to have a prepared argument that includes supporting research. You will need to respond to the following three situations. Situation A As a newly hired police officer, you respond to an alarm call at 3 a.m. with your field training officer. Upon arrival, you find that a pharmacy has been broken into, and when you walk inside, you see another officer already on scene. This officer, who you know has 30 years on the job, takes a candy bar worth $1 off the shelf and begins to eat it. It is clear that he did not pay for it and has no intention of leaving money behind. Will you do or say anything about this situation? If you decide to do something, what will your action entail? If you decide to not react, provide a rationale for your choice. Situation B As a newly hired police officer, you work daily with a field training officer as well as three other officers on the 11 p.m.–7 a.m. shift. You have noticed on several occasions that there is an odor of liquor when one particular officer comes into the locker room before the shift. You have had conversations with him and he has told you that he goes out to dinner before he comes into work and has a couple drinks but that it is no big deal. This particular field training officer has a lot of experience and is trusted within the community and organization. When you were hired, you were told that the organization is implementing a plan to weed out corruption that is occurring in the field. The plan being implemented is not about officers drinking on the job, but you are concerned that if you do not say something regarding this behavior, he is going to hurt someone. You are worried that if you do say something, there may be retaliation against you. Explain what you will do in this situation. Will you say something to your field training officer? Why or why not? Situation C For the final question of your interview, the interviewers tell you to pretend for a moment that you are the new chief of police in their police department. You are aware that the department has had numerous substantiated cases of corruption ranging from officers taking bribes from drug dealers to more minor offenses of officers accepting free food and coffee while they are on duty. You are also aware that one of your executive officers, a member of your management team, has been the subject of the highest number of investigations of corruption, but each time he has been exonerated. Explain what actions you will take that will make an immediate impact on changing the culture of corruption within the department. What will you do long-term about this issue of corruption in your agency? Also explain how your actions in your professional and personal life will make it easier or more difficult for you to change the culture of corruption that exists in the agency. Prompt: In your answers to each situation, pay attention to the following critical elements: Articulate answers to potential employment interview questions regarding issues involving corruption. Articulate realistic responses that would be fitting for a real interview. Support your reasoning for your answers with the textbook or other source. This submission should be submitted in a 1–2-page Word document, double-spaced, in 12 point Times New Roman Font, and follow APA formatting.

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