Running head: POLICE IN DEMOCRACY 1 JS 102 Huy Ta San Jose State University POLICE IN DEMOCRACY 2 Chapter 1 How is policing different in a free and democratic society as opposed to a totalitarian society? Policing in a democratic government are expected to ensure citizens’ rights are observed. However, police in a totalitarian are exploited to ensure that all the government rules are adhered to. It has been said that "democracy is always hard on the police." Why do you think this is the case? Democracy comprises certain rules, rights, and characteristics assigned for citizens, and police are expected to adhere to the rights and laws. Therefore, explaining the term "democracy is always hard on police." Why is the rule of law important for policing in a democracy? The rule of law is relevant for policing in a democracy because it also protects the rights of police officers. Laws in a democracy apply equally to everybody. The police system in the United States is very fragmented. Do you think this is a positive or negative feature? The fragmented police system in the United States is a positive feature. In this system, every unit is assigned to a certain specific role and types of law enforcement. The system is relevant in quick decision making and fast in solving public problems. Chapter 3 Discuss the difference between reasonable suspicion and probable cause as well as the permissible behaviors associated with these legal thresholds POLICE IN DEMOCRACY 3 Reasonable suspicion is human thinking that crime has been committed. It requires facts and circumstances to support the imaginary thoughts termed as suspicions. Probable cause is a reasonable ground that show one has committed a crime and is used by officers to get access to evidence and information that indicates there is probability. Compare and contrast the criminal justice system with the civil system of justice Both are laws on violation laws set by the government, and they are presided in court by a judicial officer and require evidence for examination. Major difference is civil law deals with a person who has wronged another while criminal law involves an individual who has wronged the state (Novak, Cordner, Smith, & Roberg, 2019). Discuss how the police must balance the need for public safety with the need to ensure the civil liberties of citizens Public safety is always the core of police during their duties and therefore should always work within the guidelines of the constitution Does requiring the police to advise suspects of their Miranda warnings unduly handcuff the police? Support your answer Miranda warnings don't interfere with their roles in the community. Miranda warning is a way of ensuring suspects do not disclose unnecessary information in the absence of their attorney What is more effective at controlling police behavior, the exclusionary rule, or civil litigation? Why? Civil litigation is more effective at controlling police behavior since police cases brought against law enforcement officials must be analyzed from a factual and legal perspective. Describe 42 U.S.C and 1983 claims. What are the key components necessary for a claim under 1983? POLICE IN DEMOCRACY 4 The 42 U. S. C. and 1983 is a numbered federal statue, which allows citizens to sue the government for human rights violations (Novak, Cordner, Smith, & Roberg, 2019). There are two major components that prevail for a claim under section 1983. The first component is that plaintiff must be subjected to conduct under the color of state law. The second component is the plaintiff rights must be violated. Under what circumstances do officers act "under the color of law," and why is it important to understand this? Officers acting under the color of law engage in policing activities such as arresting people and filing reports, wearing uniforms, and identifying themselves as police officers, conducting searches and seizures on a property with no legal authority (Novak, Cordner, Smith, & Roberg, 2019). Importance of understanding this is to ensure misuse of power in state personnel is reported to the legal authority Will community policing increase or decrease the number of civil liability claims? Support Community policing will decrease the number of civil liability claims. It will make the members of the community more responsible hence reducing the occurrence of civil damages. Situation Analysis The SARA model is a procedure commonly used in solving problems in policing. It involves four major elements; Scanning, analysis, response, and assessing (Xin, 2012). The Shooting of Blake in Wisconsin showcases the recurring police violence and systematic racism in Wisconsin (Maxouris, Chavez, 2020). SARA model of problem-solving can be very effective in solving problems that affects the society. The first element in the SARA model is scanning which involves identifying the actual location where Blake was killed. The scanning indicates that Blake as shot seven times in the City of Kenosha. The analysis shows that Blake was shot POLICE IN DEMOCRACY 5 and did not resist any arrest. Officer Sheskey was responsible for the killing of Blake while trying to lean on a vehicle, the other two officers fired a taser at Blake, but it didn't incapacitate. In response, state investigators tried to identify responsible officers for Blakes' shooting. The public have also responded to the killing through many demonstrations on the streets as they demand justice for Blake. The last step in the model is the assessment which involves a detailed investigation on the key issues that might have led to the shooting. The attorney general of Wisconsin State has embarked on detailed investigation to establish the cause of the shooting and take action to those who were involved. POLICE IN DEMOCRACY 6 References Maxouris, C., & Chavez, N., (2020). Hundreds of protesters march with Jacob Blake's family demanding justice. Retrieved from https://edition.cnn.com/2020/08/29/us/jacob-blakeshooting-saturday/index.html Novak, K., Cordner, G., Smith, B., & Roberg, R., (2019). Police & Society, Eighth Edition Xin, Y. P. (2012). Conceptual model-based problem solving. Conceptual Model-Based Problem Solving, 1-9. doi:10.1007/978-94-6209-104-7_1
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