Solution Manual For Essentials of Criminal Justice 10th Edition

Solution Manual for Essentials of Criminal Justice 10th Edition by Larry Siege and Worrall
Solution Manual for Essentials of Criminal Justice

10th Edition by Larry Siege and Worrall
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CHAPTER SIX
ISSUES IN POLICING: PROFESSIONAL, SOCIAL, AND
LEGAL
Learning Objectives
After completing this chapter, students will…
1. Summarize demographic trends in policing.

2. Explain how minority and female officers act and are treated.
3. Explain police culture and personality.
4. Identify distinct policing styles.
5. Describe factors that affect police discretion.
6. Discuss four major problems of policing.
7. Distinguish between deadly and nondeadly force – and methods for controlling each.
8. Explain the importance of less-lethal weapons.
9. Analyze the Supreme Court’s involvement with the police through its effort to control
search and seizure and interrogation, and the establishment of the exclusionary rule.
Lesson Plan
Correlated to PowerPoints
I. Who are the Police?

Learning Objective 1: Summarize demographic trends in policing.
Learning Objective 2: Explain how minority and female officers act and are treated.
A. The composition of the nation’s police forces is changing.
2-3
B. Demographic makeup ─ for more than thirty years, U.S. police departments have
made a concerted effort to attract women and minority police officers.
4-6 C. Minority police officers
1. The earliest known date of an African American hired as a police officer was
1861 in Washington, D.C.
2. Experiences of African American officers have not been easy because they
suffer from double marginality.
3. Minority police officers now seem more aggressive and self-assured, and less
willing to accept any discriminatory practices by the police department.
4. African American and white police officers share similar attitudes toward
community policing.
D. Women in policing
1. In 1910, Alice Stebbins Wells became the first women to hold the title of
police officer (in Los Angeles) and to have arrest powers.
2. Today, more than 11 percent of the nation’s law enforcement officers are
women.
Chapter 6: Issues in Policing: Professional, Social and Legal
3. Studies of policewomen indicate they are still struggling for acceptance.

4. Research suggests that female officers are more likely than male colleagues to
be targeted for more disciplinary action by administrators, and, if cited, are
more likely to receive harsher punishment.
E. Educational characteristics
1. In recent years, many police experts have argued that police recruits should
have a college education.
2. Most law enforcement agencies still do not require recruits to have an
advanced degree, but the number that do require education for hiring and
promotion is growing.
3. The benefits of higher education include better communication with the public,
a better chance of promotion, more effective performance, and less disciplinary
problems and complaints.
Class Discussion/Activity
Discuss with students why police officers often feel that the public does not understand
them. What could the police do to improve the relationship with the public?
See Assignment 1
II. The Police Profession

Learning Objective 3: Explain police culture and personality.
Learning Objective 4: Identify distinct policing styles.
7-8 A. All professions have unique characteristics that distinguish them from other
occupations and institutions, and policing is no exception.
B. The police culture
1. The experiences of becoming a police officer and the nature of the job cause
most officers to band together in a police subculture, characterized by
cynicism, clannishness, secrecy, and insulation from others in society. This is
the so-called “blue curtain.”
2. There are six core beliefs at the heart of police culture.
a. Police are the only real crime fighters.
b. No one else understands the real nature of police work.
c. Loyalty to colleagues counts above everything else.
d. It is impossible to win the war against crime without bending the rules.
e. Members of the public are basically unsupportive and unreasonably
demanding.
f. Patrol work is the pits, and detective work is glamorous and exciting.
3. Membership in police culture helps recruits adjust to rigors of police work and
provides the emotional support needed for survival.
4. Police subculture has developed in response to the insulated, dangerous
lifestyle of police officers.
C. The police personality
1. Cynicism has been found on all levels of policing and throughout all stages of
a police career.
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Instructor’s Manual
2. Police officer’s working personality is shaped by constant exposure to danger

and the need to use force and authority to reduce and control threatening
situations.
3. Research is mixed on whether the typical police recruit does indeed possess a
unique personality that sets her/him apart from the average citizen.
9-11 D. Policing style
1. Four police styles seem to fit the current behavior patterns of most police
agents.
a. The crime fighter believes the most important aspects of police work are
investigating serious crimes and apprehending criminals.
b. The social agent believes that police should be involved in a wide range of
activities without regard for their connection to law enforcement.
c. The law enforcer believes that it is his/her job to apprehend all types of
lawbreakers.
d. The watchman is characterized by an emphasis on maintaining public
order.
Ask students to discuss the difference between the police officer as the crime fighter and
the police officer as the law enforcer. Following, ask students to compare it to the officer
as a social agent. Which role do you think helps the community the most? Who may be
able to help build good relations with the public?
See Assignment 2
III. Police Discretion

Learning Objective 5: Describe factors that affect police discretion.
12-14 A. Style and role orientation may influence how police officers carry out their duties
and the way they use discretion.
B. A critical aspect of the professional responsibility is the personal discretion each
officer has in carrying out his/her daily activities.
C. A majority of police officers use a high degree of personal discretion in carrying
out daily tasks, sometimes referred to as low-visibility decision making in criminal
justice.
D. Legal factors
1. Police discretion is inversely related to the severity of the offense.
E. Environmental factors
1. The degree of discretion an officer will exercise is at least partially defined by
the living and working environment.
2. Communities that are proactive and contain progressive governmental
institutions may influence the direction of a police officer’s discretion.
F. Departmental factors
1. Policies, practices, and customs of local police department influence
discretion.
G. Peer factors─ Police discretion is subject to peer pressure.
H. Situational factors
1. Situational factors attached to a particular crime influence discretion.
2. The manner in which a crime or situation is encountered influences discretion.
I. Extralegal factors - It is often debated whether police take race, class, and gender
into account when making arrest decisions, and the research is mixed.
What If Scenario
What if you were a police officer and you had a Taser. Under what circumstances would
you use the Taser?
Media Tool
o Watch the video “Pregnant Women Getting Tasered Goes Viral” at
http://www.youtube.com/watch?v=bLS-w-3B8Hw
o This video discusses the current Taser policies.
o Discussion: Ask students to discuss police use of force, especially Tasers. Are they
used too often?
See Assignment 3
IV. Problems of Policing

Learning Objective 6: Discuss four major problems of policing.
15-19 A. Stress ─ Police officers often experience tremendous stress, a factor that leads to
alcoholism, depression, and even suicide.
1. Causes of stress: the pressure of being on duty 24-hours a day; being at risk for
job-related accidental deaths; and internal conflict with administrative policies.
2. Combating stress─ Research shows that the more support police officers get in
the workplace, the lower their feelings of stress and anxiety.
3. Many departments include stress management as part of an overall wellness
program.
B. Fatigue – Can lead to disaster for officers
1. Controlling fatigue – Administrators should pay attention to the amount of
overtime worked and place limitations on second jobs.
C. Violence and brutality
1. Only a small proportion of officers are continually involved in use-of-force
incidents, and aggressive police may overreact to the stress of police work.
2. Curbing violence
a. Police agencies have instituted specialized training programs and early
warning systems to reduce police brutality.
b. Perhaps the greatest factor in controlling the use of police brutality is the
threat of civil judgment against individual officers.
D. Corruption
1. From their creation, U.S. police departments have wrestled with the problem of
controlling illegal and unprofessional behavior by officers.
2. Varieties of corruption
a. Police deviance can include a number of activities such as misuse of

authority by police in a manner designed to produce personal gain for
themselves or others.
b. The Knapp Commission classified abusers into two categories: meat eaters
and grass eaters.
c. It may be possible to divide police corruption into four major categories.
i. Internal corruption
ii. Selective enforcement or non-enforcement
iii. Active criminality
iv. Bribery and extortion
d. Causes of corruption
i. No single explanation satisfactorily accounts for the various forms the
abuse of power takes.
ii. One view puts the blame on the type of person who becomes a police
officer, often citing lack of success in obtaining and/or maintaining a
coveted middle class lifestyle.
iii. A second view is that the wide discretion police enjoy, coupled with
low visibility, makes them likely candidates for corruption.
iv. A third position holds that corruption is a function of society’s
ambivalence toward many forms of vice-related criminal behavior that
police officers are sworn to uphold.
v. Police misconduct can be controlled by strengthening the internal
administrative review process in police departments, holding
supervisors at each level accountable, and creating outside review
boards or special prosecutors.
e. Control of corruption
i. Strengthen the internal administrative review process in police
departments
ii. Accountability system – holds supervisors at each level directly
accountable for the illegal behaviors of the officers under them
iii. Create outside review boards or special prosecutors
iv. There has been some serious reservations about citizen oversight from
law enforcement personnel because they usually do not have an
understanding of police work.
What If Scenario
What if you were a police officer and you were being asked by a pizza place owner to sit
in the parking lot during your break to deter potential criminals. In return, you receive as
much free pizza as you like. Would you do it? Would that be corruption? Explain your
answer.
Open a class discussion on the topic of police corruption. Ask the students to identify
different examples of police corruption and ask them if an officer accepting a free cup of
coffee or a half priced meal should be considered corruptible conduct. What are some
ways to prevent corruption?
Media Tool
o Watch the video “Deputies strip-search woman in a parking lot” at
https://www.youtube.com/watch?v=yf_J9a6ZP7o.
o CNN interviews Charnesia Corley about the police strip search of her in a public
parking lot.
o Discussion: Ask students to discuss the consequences when police officers violate
the constitutional rights of the people.
o What may be the impact of such violations on the victim and the public’s trust in
law enforcement?
Break students into small groups. Confront student perceptions about ethnic or racial
biases. Have the small groups discuss how perceptions are manifested and how
stereotypes contaminate societal views involving issues of diversity. Require students in
groups to identify racial and ethnic stereotypes perceived in criminal justice (both of
criminal offenders and of police officers).
V. Use of Force
Learning Objective 7: Distinguish between deadly and nondeadly force – and methods for
controlling each.
Learning Objective 8: Explain the importance of less-lethal weapons
19-22 1. Use of force is not a very common event.
2. 90 percent of those who have contact with the police believe it is appropriate.
3. Only 1.4 percent of people stopped by police had force used or threatened
against them during a most recent contact.
4. Racial differences
a. Blacks and Hispanics were two to three times more likely than whites to be
searched during traffic stops.
A. Deadly Force
1. About 250 to 400 people are killed by the police every year.
2. Suicide by cop
3. Controlling deadly force
a. Because police use of deadly force is a serious problem, ongoing efforts
have been made to control its use.
b. In the case of Tennessee v. Garner, the Court ruled that use of deadly force
against apparently unarmed and non-dangerous fleeing felons is an illegal
seizure of their person under the Fourth Amendment.
c. Deadly force may not be used unless it is necessary to prevent the escape
and the officer has probable cause to believe that the suspect poses a
significant threat of death or serious injury to the officer or others.
d. Internal review and policymaking by police administrative review boards
attempts to control police shootings.
4. Nondeadly force
a. Use of nondeadly force ranges from utilizing handcuffs and suspect
compliance techniques to rubber bullets and stun guns.
b. Officers are influenced by past experience, the presence of other officers,

and the presence and behavior of other bystanders.
5. Controlling non-deadly force
a. In Graham v. Connor, the Supreme Court ruled that issues related to non-
deadly force must be judged from the standpoint of a reasonable officer.
23-24 6. Less-lethal weapons
a. Research shows that less-lethal weapons may help reduce police use-of-
force.
What is the difference between a “force continuum” and the “objective reasonableness”
standard concerning deadly force? What are the advantages and disadvantages to each
way of handling the use of deadly force?
See Assignment 4
See Assignment 5
VI. Police Searches and Interrogations

Learning Objective 9: Analyze the Supreme Court’s involvement with the police through its
effort to control search and seizure and interrogation, and the establishment of the
exclusionary rule.
25 A. The need for police to gather evidence can conflict with the constitutional rights of
citizens.
B. Interrogations and confessions
1. The Fifth Amendment guarantees the right to be free from self-incrimination.
2. The courts have used this to prohibit law enforcement agents from using
physical or psychological coercion while interrogating suspects.
3. The Miranda rule
a. In 1966, the case of Miranda v. Arizona created objective standards for
questioning by police after a defendant has been taken into custody.
b. Police must issue the Miranda warning.
c. The accused can waive his/her Miranda rights at any time, but the state
must show that the defendant was aware of all the Miranda rights and must
prove the waiver was made with the full knowledge of constitutional rights.
4. The Miranda rule today
a. The Supreme Court has used case law to define the boundaries of the
Miranda warning since its inception.
What If Scenario
What if you are arrested by police because the police believe you are stalking your ex-
boyfriend/ex-girlfriend? You are not, but your ex-boyfriend/ex-girlfriend makes the
allegations because he/she is upset about you breaking up with him/her. What if police
were not required to issue Miranda warnings when obtaining a statement through
interrogation? What effect might this have on you and the criminal justice system?
C. Search and seizure

1. The manner in which police may seize evidence is governed by search-and-
seizure requirements of the Fourth Amendment of the U.S. Constitution.
2. A search warrant is a court order authorizing and directing the police to search
a designated place for evidence of a crime.
3. A warrant cannot be issued unless probable cause exists.
4. The Fourth Amendment requires that search warrant must be particular.
5. Warrantless searches─ The Court has ruled that under certain circumstances, a
valid search may be conducted without a search warrant.
a. Search incident to a valid arrest
b. Stop and frisk
c. Automobile search
d. Consent search
e. Plain-view search
f. Exigent circumstances
D. The exclusionary rule provides that all evidence obtained by unreasonable
searches and seizures is inadmissible in criminal trials, and also excludes the use
of illegal confessions under the Fifth Amendment prohibitions.
1. Established in the case of Weeks v. United States
a. Controversy and current status – when the exclusionary rule applies,
valuable evidence may not be usable at trial because the police made an
error or failed to obtain a proper warrant
b. Prosecutions are lost because of suppression rulings less than 1 percent of
the time
c. The Court has created a good faith exception to the exclusionary rule
which makes evidence admissible in court if the police officers acted in
good faith by first obtaining court approval for their search, even if the
warrant they received was deficient or faulty.
Media Tool
o Watch the video “Should I Consent to Let Police Search my Car?” at
http://www.youtube.com/watch?v=ueQMuEqRGPg.
o The CACriminalLawInfo channel discusses your constitutional rights under the
Fourth Amendment.
o Discussion: Discuss under what circumstances you must let the police search
your car.
See Assignment 2
Lecture Notes
This chapter details a variety of problems facing police officers in contemporary America.
Elaborating on the historical and current demographic makeup of the police is important to an
understanding of how the police have changed over time.
The topic of police discretion is an essential one for in-class discussion. Students can consider
factors that would influence their individual discretion if placed in a variety of circumstances. It
might also be interesting for students to examine what ethnic and racial biases exist. Students
will then be able to critically evaluate the perceptions made by officers and begin to discuss how
issues around biased policing may surface. Finally, discuss the issue of racial profiling and how
it affects the efforts at preventing potential terrorist attacks.
Policing is a profession particularly prone to stress. Students should be aware of the principles
involving the use of force and the laws governing its use.
The topic of police corruption should be defined, including internal corruption, selective
enforcement, active criminality, and bribery and extortion. Make clear to students that there is no
single explanation for corruption that is satisfactory. They should also be familiar with the
various ways that corruption is currently controlled.
Students should be familiar with the Fourth, Fifth, and Fourteenth Amendments of the U.S.
Constitution. Students should also know about both warrant and warrantless searches,
the exclusionary rule, and the good faith exception to the exclusionary rule.
Key Terms
double marginality: The social burden African American police officers carry by virtue of
being both minority group members and law enforcement officers. (p. 133)
cynicism: The belief that most people’s actions are motivated solely by personal needs and
selfishness. (p. 135)
blue curtain: The secretive, insulated police culture that isolates officers from the rest of society.
(p. 135)
discretion: The use of personal decision making and choice in carrying out operations in the
criminal justice system. For example, police discretion can involve the decision to make an
arrest; prosecutorial discretion can involve the decision to accept a plea bargain. (p. 137)
emotional intelligence: The capability to monitoring one’s own feelings and actions in order to
guide action. (p. 138)
demeanor: The way in which a person outwardly manifests his or her personality. (p. 139)
racial profiling: The practice of police targeting minority groups because of a belief that they
are more likely to be engaged in criminal activity. (p. 140)
police brutality: Usually involves such actions as the use of abusive language, the unnecessary
use of force or coercion, threats, prodding with nightsticks, stopping and searching people to
harass them, and so on. (p. 142)
corruption: Exercising legitimate discretion for improper reasons or using illegal means to
achieve approved goals. (p. 142)
Knapp Commission: A public body that led an investigation into police corruption in New York
and uncovered a widespread network of payoffs and bribes. (p. 143)
meat eaters: A term used to describe police officers who actively solicit bribes and vigorously
engage in corrupt practices. (p. 143)
grass eaters: A term to describe police officers who accept payoffs when everyday duties place
them in a position to “look the other way.” (p. 143)
deadly force: Force that is likely to cause death or serious bodily harm. (p. 144)
suicide by cop: A form of suicide in which a person acts in an aggressive manner with police
officers in order to induce them to shoot to kill. (p. 145)
nondeadly force: Force that is unlikely to cause death or significant bodily harm. (p. 145)
less-lethal weapons: Weapons designed to disable to immobilize rather than kill criminal
suspects. (p. 146)
Miranda warning: The requirement that police officers inform suspects subjected to custodial
interrogation that they have a constitutional right to remain silent, that their statements can later
be used against them in court, that they can have an attorney present to help them, and that the
state will pay for an attorney if they cannot afford to hire one. (p. 148)
search warrant: An order issued by a judge, directing officers to conduct a search of specified
premises for specified objects or persons and bring them before the court. (p. 150)
probable cause: The evidentiary criterion necessary to sustain an arrest or the issuance of an
arrest or search warrant; less than absolute certainty or “beyond a reasonable doubt” but greater
than mere suspicion or “hunch.” (p. 150)
stop and frisk: The situation when police officers who are suspicious of an individual run their
hands lightly over the suspect’s outer garments, to determine whether the person is carrying a
concealed weapon. Also called a patdown or threshold inquiry, a stop and frisk is intended to
stop short of any activity that could be considered a violation of Fourth Amendment rights. (p.
150)
exclusionary rule: Evidence seized in violation of the Fourth Amendment cannot be used in a
court of law. (p. 151)
good faith exception: The principle that evidence may be used in a criminal trial, even though
the search warrant used to obtain it is technically faulty if the police acted in good faith and to
the best of their ability when they sought to obtain it from a judge. (p. 151)
Assignments
1. Research the term “The Blue Wall.” What does it refer to and what are the causes of it?
Do you think that the “The Blue Wall” is caused by personality or police culture? Explain
your answer. [LO3]
2. Read the Ethical Challenge on page 152 in your textbook. Write a two-page paper on
how you would defend the officer’s actions before the board and what you believe is a
fair outcome in the case. Do some research on police standards of conduct. [LO6]
3. Research the pros and cons of police discretion. Do you believe that police discretion is
absolutely necessary? Stated differently, could we get rid of police discretion to reduce
corruption and police brutality? Explain why or why not. [LO5]
4. Go to the website http://www.cops.usdoj.gov/Default.asp?Item=1374. Read about the

use of force. Prepare a class presentation about the point at which the use of force may
cross the line into brutality. What are the factors involved in making this distinction?
Should police officers have the ability to use of force or does this go against their mission
to protect and serve the public? [LO7]
5. Racial profiling has been a topic of debate since the term was coined. Most frequently,
racial profiling is condemned as being morally, if not constitutionally, suspect. It has
come to the forefront of discussions concerning police brutality lately due to the
numerous incidents involving police and minorities. Read the article entitled “Excessive
or reasonable force by police. Research on law enforcement and racial conflict” at
http://journalistsresource.org/studies/government/criminal-justice/police-reasonable-
force-brutality-race-research-review-statistics and then answer the following questions:
• What connections may exist because the use of excessive force by police and
minorities?
• What role does racial profiling play in allegations of police brutality?
• What are some possible ways to reduce the rising conflict between law
enforcement and minority communities? [LO6]
Answers To Review Questions In The Text
1. Q: Should male and female officers have the same duties in a police department?
Explain your reasoning.
A: With few exceptions, the personnel of most early police departments were male, and
persisted through most of the twentieth century. And for more than half a century, female
officers endured separate criteria for selection, were assigned menial tasks, and were
denied the opportunity for advancement. However, for more than 30 years, U.S. police
departments have made a concerted effort to attract women and minority police officers.
Surveys of male officers show that many do not think that women can handle the
physical requirements of the job as well as men. Crime fluctuates but is always with us in
some way, shape, or form, policing is attractive to both men and women, because it pays
a good salary, offers job security, and is a challenging and exciting occupation. As long
as women understand the challenges and potential physicality of the job, it is important
for all policing agencies to provide the opportunity to practice the same duties and be
thought of in a capacity that is no different than men.
Things to consider…
• Thinking about the demographic make-up of the community, would it be reasonable
and prudent to have female police officers patrolling the community if there is a large
male population? What is the population is mostly female? Is it beneficial to have a
police force that is a mix of genders?
• Examine several positions within a police department by listing all of the duties
associated with the position. Could a female police officer perform those duties
effectively or is there something that would inhibit or prevent her from doing so?
• Identify what attributes, if any, would prevent or inhibit a female from performing as
a police officer. If the student identifies physical size as a precluding factor—have the
student articulate why. How often does size play a role in a police officer’s success?
Are there male officers who are smaller in stature or overweight to the extent where
performance may be impeded?
• What attributes that women specifically possess may make them better suited for
certain police roles and what roles would they be?
2. Q: How can education enhance the effectiveness of police officers?
A: Even though most law enforcement agencies still do not require recruits to have a
college degree, the number that require advanced education in the hiring and promotion
process is growing.
The benefits of higher education include:
• Officers communicate better with the public, especially minority and ethnic groups.
• Officers write better and more clearly.
• Officers become better prepared for promotion.
• Officers are able to perform more effectively, generate fewer citizen complaints,
show more initiative in performing police tasks, and generally act more
professionally.
• Officers are less likely to have disciplinary problems, are viewed as better decision
makers and have better behavioral and performance characteristics than their less-
educated peers. Higher education is associated with greater self-confidence and
assurance.
3. Q: Do you think that an officer’s working the street will eventually produce a cynical
personality and distrust for civilians? Explain.
A: Police experts have found that the experience of becoming a police officer and the
nature of the job itself cause most officers to band together in a police subculture,
characterized by cynicism, clannishness, secrecy, and insulation from others in society—
the so-called blue curtain. Police officers tend to socialize with one another and believe
that their occupation cuts them off from relationships with civilians. Joining the police
subculture means always having to stick up for fellow officers against outsiders,
maintaining a tough, macho exterior personality, and distrusting the motives and behavior
of outsiders. The code of silence demands that officers never turn in their peers even if
they engage in corrupt or illegal practices. The police culture is generally believed to
develop out of on-the-job experiences. In general, most officers (male and female)
originally join police forces because they want to help people, fight crime, and have an
interesting, exciting, prestigious career, but often discover the reality of police work does
not mesh with their original career goals. They are unprepared for the emotional turmoil
and conflict that accompany police work today. Police officers often feel civilians place
too high of a demand on them or have false expectations of what can or cannot be done to
resolve a problem.
Some experts believe that the police culture divides officers from the people they serve
and creates an “us against the world” mentality, an independent police culture in which
law violations may result in stigmatization and leveling of sanctions against those who
occupy the “other” status.
4. Q: A police officer orders an unarmed person from running away from a burglary stop;
the suspect keeps running and is shot and killed by the officer. Has the officer committed
murder? Explain.
A: The term deadly force is used to refer to actions of a police officer who shoots and
kills a suspect who flees from arrest, assaults a victim, or attacks an officer. The use of
deadly force in the course of arresting a felon has always been considered expedient,
saving the state the trouble of conducting a trial (“the fleeing felon rule”). Despite saving
the state the trouble, there have been ongoing efforts to control deadly force. In the case
Tennessee v. Garner, the Supreme Court ruled that the use of deadly force against
apparently unarmed and non-dangerous fleeing felons is an illegal seizure of their person
under the Fourth Amendment. Additionally, deadly force may not be used unless it is
necessary to prevent escape and the officer has probable cause to believe that the suspect
poses a significant threat of death or serious injury to the officer or others. Based on these
facts, the officer has not committed murder but has violated the burglar’s Fourth
Amendment rights.
5. Q: Would you live in a society that abolished police discretion and used a full
enforcement policy? Why or why not?
A: Things to consider when evaluating answers…
• Police have the ability to deprive people of their liberty, arrest them and take them
away in handcuffs, and even use deadly force to subdue them. A critical aspect of this
professional responsibility is the personal discretion each officer has in carrying out
his or her daily activities. Discretion can involve the selective enforcement of the
law—as when a vice squad plainclothes officer decides not to take action against a
tavern that is serving drinks after hours. Patrol officers use discretion when they
decide to arrest one suspect for disorderly conduct but escort another home.
• Without discretion, all offenders must be treated and punished in the same manner
(equally). Would such a policy lead to increased jail time / prison time? Would
increased incarceration lead to broken homes? Would families suffer emotionally and
financially? Are there enough prisons/jails to accommodate discretionless policies?
• Would discretion change the democratic ideals the county was founded upon?
• Would treatment/probation in lieu of more severe sanctions for first or non-violent
offenders become obsolete?
• In the scenario where the officer uses discretion and elects to take one offender home,
you discover the offender is disorderly because he is distraught over the accidental
death of his child. Does the remedy suit the situation? Is it reasonable to resolve the
situation in this manner? Without discretion what would happen—mandatory arrest?
6. Q: Should illegally seized evidence be excluded from trial, even though it is conclusive
proof of a person’s criminal acts? Might there be another way to deal with police
violation of the Fourth Amendment—for example, making them pay a fine?
A:
• Over time, the Supreme Court has been diminishing the scope of the exclusionary
rule. For example, evidence is admissible in court if the police officers acted in good
faith by first obtaining court approval for their search, even if the warrant they
received was deficient or faulty. This has come to be known as the good faith
exception.
• In the case where evidence was seized illegally and where the good faith exception is
not applicable, the evidence becomes inadmissible. Is society better served through
this action? Does the exclusion promote better conduct from police officers? Does the
exclusion prevent the country from becoming a police state?
• If fines were imposed as a remedy for illegal seizures, would the fine discourage
future misconduct? Would the fine erode Constitutional protections by allowing
illegal behavior/misconduct to stand at trial?
• Does society’s greater good outweigh any need to admit the illegally obtained
evidence at trial? Does admission of the evidence support/enhance personal
liberty/protection from unreasonable search and seizure? Is better to let one guilty
person go free in order to benefit and protect society as a whole?
7. Q: Have criminals been given too many rights by the courts? Should courts be more
concerned with the rights of victims or the rights of the offenders? Have the police been
“handcuffed” and prevented from doing their job in the most efficient manner?
Solution Manual for Essentials of Criminal Justice 10th Edition by Larry Siege and Worrall
A: The rights that people have been given are important to protect them from the abuse of
force by police. The courts have started to water down many rights of defendants,
including Miranda rights. Without these rights, the police would have more freedom to
coerce confessions and potentially incarcerate innocent people. The rights of the victims
are just as important as the rights of offenders. The constitutional rights ensure that the
actual offender gets convicted, which is justice for the victim.
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1. Summarize demographic trends in policing.

I. Who are the Police?

3. Studies of policewomen indicate they are still struggling for acceptance.

II. The Police Profession

2. Police officer’s working personality is shaped by constant exposure to danger

III. Police Discretion

IV. Problems of Policing

a. Police deviance can include a number of activities such as misuse of

b. Officers are influenced by past experience, the presence of other officers,

VI. Police Searches and Interrogations

C. Search and seizure

4. Go to the website http://www.cops.usdoj.gov/Default.asp?Item=1374. Read about the

Answers To Review Questions In The Text

2. Q: How can education enhance the effectiveness of police officers?

A: Things to consider when evaluating answers…

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