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High-Intensity Drug Trafficking Area (HIDTA) |
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Definition
created by Congress with the Anti-Drug Abuse Act of 1988, provides assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States.
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rooted in the ancient Greek idea of character. It involves doing what is right or correct and is generally used to refer to how people should behave in a professional capacity. |
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does not consider consequences, but instead examines one’s duty to act. Deos=duty, logos=study. The study of duty. |
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only two sides, good or bad, black or white. examples would be bribery, extortion, excessive force, and perjury, which everyone would agree are unacceptable behaviors. |
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more complicated and can have multitude of sides with varying shades of gray. What is considered ethical by one person may be highly unethical by another |
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corruption committed in the name of good ends, corruption that happens when police officers care too much about their work. Also known as the principle of double effect. |
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model of circumstantial corruptibility |
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the exchange of a gift is influenced by two elements, the role of the giver and the role of the receiver. the role of the giver determines the level of corruptibility. in this model, giver is taking a position as:
presenter, who offers a gift voluntarily without any expectation of return contributor, who furnishes something and expects something in return capitulator, who involuntarily responds to the demands of the receiver the role of the receiver of the gift can act as: acceptor, who receives gift humbly and without feelings of reciprocity. expector, looks forward to the gift & regards it as likely to be given & will be annoyed by absence of the gift
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commonly accepted by police officers as a part of their job. Restaurants frequently give officers free or half-price, businesses give discounts for services/merchandise |
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plan to prevent illicit drugs from coming into the state’s prisons (Pennsylvania Plan) |
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to organization and one’s superior is highly desired. Relates to ethics, public service, and public good. |
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Americans with Disabilities Act |
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Definition
1990, state and local governments and their agencies are covered by this law. Critical for administrators to develop written policies and procedures consistent with the ADA and have them in place before a problem arises. Criminal justice agencies may not discriminate against qualified individuals with disabilities. Employers are to provide reasonable accommodation to disabled persons. |
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August 1993, applies to all public agencies, including state, local, federal employers, local schools, and private sector employers with 50+ employees. Entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12 month period for specified family and medical reasons |
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Bonafide Occupational Qualifier |
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in certain situations it is lawful and reasonable to discriminate because of a business necessity, such as female corrections facility maintaining at least one female staff member on duty at all times to assist inmates in toileting, showering and disrobing |
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Provides minimum salary and overtime provisions covering both public and private sector employees. Criminal justice operations take place 24/7 and often require overtime and participation in off-duty activities like court appearances and training sessions. An officer who works the night shift must receive pay for attending training or testifying in court during the day. |
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policies that take factors including "race, color, religion, sex, or national origin" into consideration in order to benefit an underrepresented group "in areas of employment, education, and business" |
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Peace Officers Bill of Rights (POBR) |
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Definition
safeguards to protect police officers against what they perceive as arbitrary infringement on their rights. This includes… Written notice: the department must provide the officer with written notice of the nature of the investigation, summary of alleged misconduct, and name of the investigating officer. Right to representation: the officer may have an attorney or representative of his or her choosing present during any phase of questioning or hearing. Polygraph examination: the officer may refuse to take a polygraph unless the complainant submits to an examination and is determined to be telling the truth. the officer may be ordered to it. |
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discrimination against members of a dominant or majority group or in favor of members of a minority |
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Unwelcome behavior or physical conduct based on race, color, religion, sex, national origin, age (40+), disability (mental or physical), sexual orientation or retaliation constitutes harassment when the conduct is sufficiently severe to create a hostile work environment or a supervisor’s harassing conduct results in a change in an employment status or benefits. |
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a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions |
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used in 24 states and DC; public employees are given the right to bargain with their employers. If the bargaining reaches an impasse, the matter is submitted to a neutral arbitrator who decides what the conditions of the new collective bargaining agreement will be. |
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only 3 states use this. Grants very few rights to public employees. Have the right to organize and select their own bargaining representatives but when impasse is reached, they can only accept the employer’s best offer. |
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an activity by employees to express their dissatisfaction with a particular person, event, or condition or to attempt to influence the outcome of some matter pending before decision makers. |
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four types of job actions |
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Definition
There are four types of job actions: vote of confidence, work slowdowns, work speedups, and work stoppages. Vote of confidence: used sparingly, signals employees’ collective displeasure with chief administrator of the agency. Work slowdowns: employees continue to work, but they do so at a leisurely pace, causing productivity to fail. Work speedups: accelerated activity in the level of services and can foster considerable public resentment aka giving a lot of tickets for no real reason. Work stoppages: strike. |
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usually involve pay and benefits for correctional employees, including seniority rights, how staff members are selected for overtime, the type of clothing provided to staff by the agency, educational programs, and so on. |
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can arise when CJ employee’s conduct creates a danger to others. i.e: employee didn’t conduct his affairs in a manner that avoids subjecting others to a risk of harm & can be held liable for injuries |
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tort & three types of torts |
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the infliction of some injury on one person by another. Three general torts: negligence, intentional torts, and constitutional torts. Negligence^ see above. Intentional torts: when employee engages in voluntary act that is quite likely to result in injury like assault, false arrest, malicious prosecution, or abuse of process. Constitutional torts involve employee’s duty to recognize and uphold the constitutional rights, privileges, and immunities of others; violation of these guarantees may subject employee to a civil suit.
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Title 42, US Code, Section 1983: |
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intended to provide civil rights protection to all “persons” protected under the act when a defendant acted “under color of law” and provided avenue to the federal courts for relief of alleged civil rights violation. |
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Title 18, US Code, Section 242 |
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makes it a criminal offense for any person action under color of law to violate another’s civil rights. |
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Proximate cause: is established by asking the question, “but for the officer’s conduct, would the plaintiff have sustained the injury or damage?” if no, then proximate cause is established, and the officer can be held liable for injury/damage.
Persons in custody: courts generally confer on police executives a duty of care for persons in their custody to ensure that reasonable precautions are taken to keep detainees free from harm, to render medical assistance, and to treat detainees humanely.
Safe facilities: need to provide safe facilities so there is no failure to protect. |
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to assist the chief of police in administering the department in a more equitable fashion and to improve the department’s ability to defend its personnel actions. Within minutes, the database provides supervisors with 5 years of history about standards of discipline for any category of violation. |
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an allegation of misconduct or illegal behavior against an employee by anyone inside or outside the organization. Internal complaints can come from supervisors who observe officer misconduct, officers complaining about supervisors. External complaints can be primacy, secondary, or anonymous sources. Complaints can be handled formally or informally. |
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procedures establish a fair and expeditious process for handling employee disputes that are not disciplinary in nature. Grievance procedures involve collective bargaining issues, conditions of employment, and employer-employee relations. |
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frequently outlined in civil service rules and regulations, labor agreements, and departmental policies and procedures—normally follow an officer’s chain of command. The first step of an appeal may involve a hearing before division commander. Accused employee may be allowed labor representation or attorney to assist asking of questions or clarifying issues. Division commander has 5 days to review the recommendation and respond in writing to employee. |
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similar to fact finding but differs in that the “end product of arbitration is a final and binding decision that sets the terms of the settlement and with which the parties are legally required to comply” it may be voluntary or compulsory. |
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occurs when third party called the mediator comes in to help with adversaries with the negotiations. May be a professional or someone who both parties have confidence in. |
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with regard to operation of their own vehicles, officers are afforded no special privileges or immunities. When responding to emergency situations, officers are governed by statutes covering emergency vehicles. |
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it is the most complicated stage of budgeting process. Administrator must anticipate for all times of expenditures (overtime, gas, postage, maintenance) and predict expenses related to major incidents or events that can arise. 1) developing an internal budgetary policy 2) reviewing budget submissions 3) developing a financial strategy 4) presenting the budget 5) monitoring the budget |
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audit means “to verify something independently”. After the close of each budget year, the year’s expenditures are audited to ensure that the agency spends its funds properly. Audits are designed to investigate financial accountability, management accountability, and program accountability. |
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is a plan stated in financial terms, an estimate of future expenditures, an asking price, a policy statement, the translation of financial resources into human purposes and a contract between those who appropriate the funds and those who spend them. It is a management tool, a process, a political instrument. |
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Combined DNA Index System. Contains DNA profiles obtained from subjects convicted of homicide, sexual assault, and other serious felonies. |
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first phase of a three-phase initiative that will provide police agencies with a powerful investigative tool to search, link, analyze, and share criminal justice information. Will provide nationwide connectivity to local, state, and federal agencies that will allow them to detect relationships between people, places, things, and crime characteristics to “connect the dots” between apparently unrelated data. |
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combines the real and the virtual, displaying information in real time. In TV broadcasts, yellow first-down lines are superimposed on the football field. |
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powered aerial vehicles that don’t carry human operators. |
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strategic control system designed for the collection and feedback of information on crime and related quality-of-life issues. “collect, analyze, and map crime data”. pushes all precincts to generate weekly crime activity reports so that they can be held accountable for the achievement of several objectives |
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now known as the Center for Legal and Court Technology (CLCT) most technologically advanced courtroom in the United States. It is now termed “dream technology court”. |
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alternative “intermediate” weapon between the voice and the gun. The use of the TASER electronic control device (ECD), pepper spray, rubber bullets |
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automated license plate recognition |
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ALPR
systems take pictures of car license plates, process images for plate numbers, and compare them against known databases of stolen vehicles or license plates. |
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Technology is changing methods of offender management as administrators increasingly adopt Web-based systems to manage information. |
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a term used by court administrators and judges to denote an environment in which the routine use of paper no longer exists in general; rather, paper may be used for court business only rarely and as a last resort. The ultimate goal is that there are no more lost files. |
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an issue in the DNA field. Because the speed and accuracy of testing have improved and the growing number of cases of convicted people later being exonerated because of DNA tests, many inmates now want to be tested if there’s evidence which DNA can be extracted. |
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policies that completely prohibit such activities by officers (high speed pursuits) |
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real-time court reporting |
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allows the reporter to publish live testimony to a laptop and then connect the attorneys’ laptops to the court reporting network. While the proceeding is in progress, a transcript of it is electronically transmitted to the laptop. During trial, judges and attorneys can review and mark portions of testimony and make notes within their copies on the computer without interrupting the proceedings. |
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electronic control device. It is expanding the units have become easier to carry and more effective to use. More than nearly 14,500 law enforcement and military agencies deploy taser technology. |
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videoconferencing for court appearances or hospital visits. |
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voice translation devices |
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handheld devices are being tested by several police agencies. The units contain interchangeable computer chips loaded with more than one thousand phrases from different languages. Translators offer a menu which users select a phrase and language with a stylus and the device speaks it in the language. |
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there are 20 million YouTube visitors each month. Police could not have created a tool this good and informative if they had tried.it is probably the largest compilation of video intelligence ever assembled |
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Direct-supervision jails are springing up across the country, without the typical jail cells with steel bars |
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it provides a way to involve the community by observing trends in neighborhood criminal activity*. This is done by combining geographic info from satellites with crime/demographic data from a specific neighborhood. |
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global positioning system GPS |
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plots locations of vehicles and even people with remarkable accuracy. |
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allowing officers to enter & access key data such as gang names, members, vehicles, weapons, suspected associates & incident dates |
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Should police be allowed to accept minor gratuities? Why might their doing so be permitted, as per the model developed by Withrow and Dailey? |
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Two basic arguments against police acceptance of gratuities: slippery slope argument which proposes that gratuities are received, police officers’ ethics are subverted and they are open to additional breaches of their integrity, also then they are obligated to provide the donors with special service or accommodation. Also, some propose that receiving a gratuity is wrong because officers are receiving rewards for services that as a result of their employment, they are obligated to provide. They have no legitimate right to accept compensation in the form of gratuity. |
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In what ways can judges, defense attorneys, and prosecutors engage in unethical behaviors? |
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