Ethics and Decision Making in Policing

I-B Fundamentals of Criminal Justice

• I-B-1.1 explains the structure, function, and jurisdiction of the federal court system
  • U.S. Supreme Court
    • 9 justices (life terms) and 1 chief judge
    • Washington D.C.
    • Highest court of the land and makes final decisions
    • Impact on everyday life ("case law")
    • An appeal court that hears testimony and evidence
  • U.S. Circuit Court of Appeals
    • 13 Federal regional circuits
    • WI is in the 7th circuit (Chicago)
    • Appeals from Federal District Courts
    • Decisions from one circuit don't affect another
  • Federal District Court
    • 94 Districts (2 in Wisconsin)
    • WI districts (Milwaukee, Green Bay, Western Madison)
    • Cases about federal laws, disputes between residents or companies from different states
  • All judges in the federal system are appointed for life terms
• I-B-1.2 explains the structure, function, and jurisdiction of the state court system
  • Wisconsin Supreme Court
    • 7 Judges (10 yr terms)
    • Madison, WI
    • Writ of certiorari – petition for the court to hear a case
  • Wisconsin Court of Appeals
    • 4 Districts: I: Milwaukee, II: Waukesha, III: Wausau, IV: Madison
    • 6 year terms
  • Wisconsin Circuit Court
    • Each county has its own circuit court
    • 6 counties share some
• I-B-1.3 explains the structure, function, and jurisdiction of municipal court
  • Article 7 of the U.S. Constitution: municipalities have authority to form courts
  • De-criminalized (can't hear crimes)
  • Many municipalities adopt state statutes; decisions usually based on severity and manner of offense
  • Nearly 250 municipal courts in WI
  • Several municipalities may join to form a municipal court
  • Counties do not have municipal courts
  • Judges are elected (do not need to be an attorney)
  • Municipal ordinance violations are under their jurisdiction
  • Monetary forfeiture related to offenses
  • Defendants have no right to legal representation unless it is a criminal matter.

I-B-3.1 Role of Law Enforcement

• Protecting individual rights, preventing crime, and providing public safety services
• Social contract theory: people surrender some rights to ensure a stable society
• Bill of rights (Manga Carta); U.S. and WI Constitution
• Preventing crime: proactive approach; distributing crime news, patrols
• Providing public service to everyone, helping people in need (changing a tire)

I-B-3.2 & I-B-3.3 Expectations of Law Enforcement

• Adequate training, be fair and just
• Follow policies and standards; uphold the law without violating due process
• Equal access/equal treatment, justifiable actions and no private gain
• No selective enforcement
• Teamwork with peers, other agencies, and the community

I-B-4.1 Federal Law Enforcement Agencies

• U.S. Department of Justice
• Federal Bureau of Investigations (FBI)
  • Bank robberies, kidnapping, hostage situations
  • Counterterrorism, assists local law enforcement
• Integrated Automated Fingerprint Identification System (IAFIS)
• National Crime Information Center (NCIC)
• Drug Enforcement Administration (DEA)
• U.S. Marshals Service
• Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

I-B-4.2 Sheriff's Roles in Wisconsin

• Charge and custody of county jail
• Register of prisoners committed
• Attend circuit courts (bailiff)
• Implement legal processes, orders, and executions
• Deliver property and prisoners to the sheriff's successor

I-B-4.3 State Enforcement and Investigative Agencies

• Department of Justice, Criminal Investigation
• Arson Bureau/State Fire Marshal's Office
• Narcotics Bureau
• Investigative Services Bureau (liaison to FBI)
• Wisconsin Statewide Information Center (WISC) – fusion center
• Gaming Enforcement Bureau
• Public Integrity Bureau
• Computer Crimes Unit
• Financial Crimes Unit
• Internet Crimes Against Children Task Force (ICAC)
• State Patrol
• Department of Natural Resources (DNR)
• Department of Corrections (DOC)
• LOCATOR (detailed offender information for law enforcement)

I-B-4.4 Municipal Law Enforcement

• Sheriff (objective: roles of the Sheriff)
• Any municipality with 5,000+ population must provide police protection
• Enforce ordinances and state statutes
• Needs board of commissioners for oversight

I-B-5.1 Community-Oriented Policing

• Combines traditional policing, preventing measures, community engagement, problem-solving.
• Teamwork to learn community issues
• Reduce court time, more effective officers on the street, and reputation change

I-B-6.2 SARA Model of Problem Solving

• Scanning: identify patterns of crime/disorder
• Analysis: understand the causes of the problem
• Response: implement strategies to address the problem
• Assessment: evaluate the effectiveness of strategies
• Crime Triangle: suitable target, likely offenders, time & space aspect.

I-B-6.4 Problem-Oriented Policing Benefits and Challenges

• Develop a strategy to address a problem
• Provides a framework for community policing
• Investigative and preventative

I-B-7.1 Broken Windows Policing Strategy

• Cracking down on minor crimes to create a more positive community atmosphere
• Changing community mentality to reduce minor crimes
• Improve pride in community, improve officer-citizen interactions.

I-B-7.2 Intelligence-Led Policing Strategy

• Agencies gather intelligence; share information across agencies, states, and federally
• Problem solving, and community oriented policing
• Use of WSIC (Wisconsin statewide information center)

I-C-1.1 Decision-Making Methods

• Routine decisions (daily)
• Impulsive decisions (50/50 chance)
• Reasoned decisions (weighing pros and cons)
• Time constraints: too much = decision paralysis; too little = need help

I-C-1.4 Pitfalls in Decision-Making

• Anchoring (focusing on already-given info.)
• Status Quo (sticking with familiar approach)
• Justifying past actions (mistake-based decision-making)
• Inference and Assumptions (jumping to conclusions)
• Vagueness/ Ambiguity (lack of clear understanding)
• Heuristics (unconscious routines to deal with decisions)

I-C-2.1 Critical Thinking

• Disciplined art; use best possible thinking for any situation.
• Purposeful, reflective, and careful evaluation of information to improve judgment.

I-C-2.2 Aspects of Critical Thinking

• Characteristics, Ask questions, define problems, examine evidence.
• Analyze assumptions/biases, avoid emotional reasoning, oversimplification, and considering other interpretations
• Tolerating ambiguity; criteria; assertions based on facts; credible sources.
• Arguments; statements and propositions supported by evidence, reasoning; using evidence to infer conclusions.
• Point of view; critical thinkers use various perspectives on the world.

I-C-2.3 Emotional Intelligence (EI), Multiple Intelligence (MI)

• EI: ability to recognize emotions, understand how they influence you and others
• Self-awareness, self-regulation, motivation, empathy, and social skills
• MI: individuals possess different types of minds, and learn, remember, perform, understand in diverse ways. (Linguistic, logical-mathematical, musical, bodily-kinesthetic, visual, interpersonal, intrapersonal, and naturalist intelligence.)

I-Z-2.2 Community Trust

• Mutual respect and collaborative relationship between law enforcement and citizens.

I-Z-2.3 Personal Moral Maturity/Individual Character

• Law enforcement held to a higher standard
• Public expects law enforcement to separate personal from professional life
• A role model for the community

I-Z-3.2 Ethical Decision-Making Models

• Virtue ethics: emphasizes character (courage, compassion, wisdom, temperance)
• Utilitarianism: maximize happiness/minimize suffering
• Kantianism: decisions based on principles and respect for others
• Care ethics: prioritize relationships and interdependence.
• ASCT Model (Alternatives, Stakeholders, Consequences, Telling)

I-Q-2.2 Fourth Amendment

• Protects people from unreasonable searches and seizures
• Warrants needed (probable cause)
• Warrants must describe place and items to be seized
• Sanctions include civil actions, exclusionary rule (illegally obtained evidence disallowed in court), and criminal charges.

I-Q-2.3 Fifth Amendment

• No self-incrimination, "pleading the fifth"
• Cannot be tried twice for the same crime (double jeopardy)
• Rights to a fair trial, due process.
• No taking private property without compensation.
• Sanctions/violations may result in civil action and or illegally obtained evidence barred in court

I-Q-3.4 Limits on Subject Identification, Stop Duration

• Consensual stop: no need for information (person decides to talk).
• Terry stop: for reasonable suspicion; time limitations; limits on movement
• Traffic stops: time limits, identifying reasonable basis.

I-Q-3.5 Justification for Frisks (Terry Stops)

• Justification: Danger of physical injury.
• Factors: time, offense, attitude/demeanor of subject, number of subjects.

I-Q-4.4 Arrest Procedures

• Warrantless arrest: probable cause; exigent circumstances (danger) → lawful arrest
• Warrant arrest: warrant with probable cause; knock-and-announce rule; execution procedure.

I-Q-4.5 Use of Force in Arrest

• Reasonableness: needed to control the situation
• Varying levels of force; proportionality.

I-Q-4.6 Jurisdiction of Peace Officer

• Authority; location of arrest; legal limits
• Statutory and geographic limitations

I-Q-5.2 Fifth and Sixth Amendment Rights

• Fifth Amendment: right against self-incrimination (Miranda Rights); no compelled testimony.
• Sixth Amendment: right to due process; right to counsel.

I-Q-5.3 Custody and Questioning (Miranda Rights)

• Custody: not freely leave; crime being investigated; interrogation
• Rights read when in custody; if not, statements may be inadmissible

I-Q-5.4 When Miranda Rights Don't Apply

• Public safety exception; routine questions.

I-Q-5.5 Invoking Miranda Privilege

• Explicit assertion that the suspect wants an attorney
• Remaining silent or verbally stating "I want my attorney" during interrogation is needed

I-Q-5.6 Restrictions on Questioning (Post-Invocation)

• Suspects must be allowed silence or legal representation

I-Q-5.7 Miranda vs. Sixth Amendment

• Miranda addresses questioning without formal charges; Sixth addresses right to counsel post-charges (after an arrest).

I-Q-5.11 Recording Custodial Interviews of Juveniles and Adults

• Recording required for both adults and juveniles.

I-R-1.1 Civil vs. Criminal Law

• Civil law: disputes between private parties; monetary fines; preponderance of evidence standards
• Criminal law: crimes against the government/society
• Criminal actions involve harm to society/punisment ranges from fines to imprisonment
• Criminal actions must meet beyond reasonable doubt.

I-R-1.3 Person Concerned in Crime

• Parties to a crime can be charged even if not the direct perpetrator.
• Action is considered harmful to society.

I-R-1.5 Distinguishing Criminal Mental States

• Criminal intent (mens rea)
• Criminal negligence
• Criminal recklessness.

I-R-1.6 Felonies, Misdemeanors, Ordinances

• Felonies: serious crimes; imprisonment (> 1 yr)
• Misdemeanors: less serious crimes; imprisonment (<1 yr)
• Ordinances: local laws; fines.

I-R-1.7 Inchoate Offenses (Attempts)

• Solicitation: encouraging a crime
• Conspiracy: combination to commit a crime
• Attempt: trying to complete a crime.

I-R-1.8 Criminal Liability Defenses

• Intoxication: involuntary
• Mistake: honest error (not criminal law error)
• Adequate provocation: sufficient reason for loss of control
• Privilege: conduct is protected
• Coercion: threat to cause harm.

I-R-1.9 Enhanced Penalties

• Domestic abuse, weapons, violent crimes in a school zone, crimes against children

I-E Juvenile Law

• Differentiates between children (under 18), juveniles (10-17), and adults
• Juvenile court processes: different terms, handling of cases, sentencing
• Rights of juvenile law (right to an attorney, right to remain silent).
• Need for protection, custody, procedures.

I-F Response Procedures (RESPOND)

• Report: notify dispatch, request resources.
• Evaluate: assess the situation, determine whether to intervene.
• Secure: secure the scene.
• Preserve: secure evidence, maintain the scene.
• Organize: coordinate additional officers/resources.
• Normalize: restore scene back to normal.
• Document: official documentation (actions, evidence)

I-S Professional Communication Skills

• Communication process: sender, message, receiver, environment
• Active listening, attending, following, responding
• Officer roles/communication
• Barriers to communication (physical, intrapersonal, officer generated)
• Benefits of communication (organizational goals, efficiency.)

I-H Interview Procedures

• Preparation, planning, engage, build rapport, explain the process, ask questions, document, evaluate
• Interviewing various victims/witnesses (hostile, children)
• Interviewing and assessing credibility
• Principles and procedures for eyewitness identification.
• Steps in conducting interviews, documenting and analyzing results.

I-W Traffic Law Enforcement

• Identify laws or rules; compare selective traffic law enforcement (step) vs. bias-based policing.
• Identify traffic offenses (rules of the road, operator-licensing.)
• Describe methods of traffic surveillance; types of patrol (line, area).
• Identify behavior indicators; recognize false drivers' licenses.
• Methods/types of arrest; handling ordinance violations.