Dr. William Bourns                                                 See Office Hours on Door
Department of Sociology/Criminal Justice                   or
Room: C207-B                                                            Leave message on voice mail,
Phone: 209/664-6722                                                  e-mail, or in my mail box in the
E-Mail: WBourns@stan.csustan.edu                          office. I am also available before
                                                                                    and after class.

TEXTS:

Book #1 — Required
Police Civil Liability: Supreme Court Cases and Materials
Victor E. Kappeler, Waveland Press, Inc., 2002

Book #2 — Required
Critical Issues in Police Civil Liabilities
Victor E. Kappeler, Waveland Press, Inc., 2001

Book #3 — Required
Forces of Deviance: Understudy the Dark Side of Policing
Victor E. Kappeler, Richard Sluder and Greoffrey Alpert, Waveland Press, Inc. 1994

COURSE DESCRIPTION:
Using case study, Social and legislative analytical approach, this course will explore ethics in law enforcement from its historical roots through contemporary ethical issues. Ethical issues will include areas such as communication, race, sex, excessive physical force, corruption, and conflicts of interest. Civil liability will focus on the tort liability for certain statutory and ethical violations, Prerequisite: CJ 2250 or consent of instructor.

PURPOSE AND OBJECTIVES OF THE COURSE:

CASE BRIEFING:
The instructor will assign students at random to orally brief the assigned cases. If you are absent on a day of your presentation, or if you are unprepared to brief the case, your grade will be adversely affected. Due to the size of the class, you will likely be given only one or two chances to brief. It is vital, therefore, that you come to class prepared. (15-30 points) see grading.

GRADE DISTRIBUTION:
Standard Deviation +3 to +2 A
Standard Deviation +2 to +1 B
Standard Deviation +1 to —1 C
Standard Deviation —1 to —2 D
Standard Deviation —2 to —3 F

PLEASE NOTE: Your letter grade for the course is based upon your total accumulation of points. A perfect score would be 430 points. An average score would be half of this or 215 points. Your letter grade will not be known until the final class points mean is computed and then placed into a grade curve (based upon standard deviation units). Remember: You will not get letter grades during the course (you accumulate points). The plus and minus grading option will NOT be used in this course.

MAKE-UP EXAMS:
With appropriate documentation, such as any of the following, a student may take a missed hour exam:
 

• Notice of death or funeral home program card for immediate family (father, mother, sister(s), brother(s) or grandparent(s).
• Upon appropriate documentation of illness (doctor's note or hospital document).
• Military service or having to work in a criminal justice capacity and upon presentation of military orders or a not from your criminal justice agency letterhead stating you had to work and signed by your supervisor or superior.
• All other emergencies (such as your children) or other factors that caused you to miss an hour exam will be evaluated and judged by the instructor as to the permission of a student to take a missed hour examination. All these events will require some form of documentation.

PLAGIARISM:

All perspective criminal justice students fall under a Code of Ethics. For future police officers the IACP (International Chiefs of Police) has a code and for juvenile and corrections the American Correctional Association (ACA) has one Sociologist also have a well-developed code of ethics. Plagiarism violations (the incorporation of another's work into your own without citation of the source) are part of these codes. When you apply to work in the criminal justice system, pre-investigators do a background check including talking with your criminal justice professors. Don't be caught plagiarizing. Plagiarism is a violation of the student code of ethics. If in doubt, cite the source(s).

ATTENDANCE:

Good scholars are good class attenders. Much of the material on exams is from class lectures and not in your book(s). Classroom attendance and class participation can help to make the difference from a marginal grade moved upwards a better grade. Students are expected to attend 80% of all classes. Students who miss 4 or more classes on a Tuesday-Thursday schedule or who miss 6 or more classes on a Monday-Wednesday-Friday schedule will have their grade lowered.

ELECTRONIC DEVICES:

Please turn off all cell phones and pagers during class.

CLASS TOPICS BY TEACHING UNIT
 
 

Unit #1 -Introduction/Requirements/No Body Is Above the Rule of Law

Rule of Law
Color of Law - Public Duty Doctrine (see also intoxicated drivers) - Special Duty (see also special relationship when intoxicated drivers)
Authority of Law
Types of Law: Constitutional - Criminal - Civil - Administrative
Administrative Law
Administration Law Judge (AJL)
recover of claims in administrative law courts
burden of proof: Preponderance of evidence v. Proof Beyond a Reasonable Doubt

U.S. Supreme Court
Traditions - "Morning clothes" "Conference hand shake"
Procedure - 30 minute arguments
10:00 a.m. oyez! oyez! oyez!
Fall: "sittings" "Recesses"
Spring "opinions"
Granted Review - writ of certiorari
Shifting Conceptions of Police Liability

Readings: Issues, Chapter #1 -- Cases, Chapter #1 -- Issues, Chapter #11

Unit #2 - Probable Cause and Less than Probable Cause

Building Probable Course
Steps to Arrest
when can you investigative and detain suspect
when can you arrest
Exclusionary rule
Good Faith

Readings: Lecture -- Issues pages 62-64

Unit #3 - Can You Sue the Government? Can You be Sued if You Work for the Government?

Sovergn Immunity
Blevins Type Actions
Attorney Fee Act 1976
Personal and governmental liability - caps - limits of responsibility
Absolute Immunity (Chapter 3)
Qualified Immunity (Chapter 3)
Liability Insurance for Police - IACP recommendations and bankruptcy in law suites

Monroe v. Pape 365 U.S. 167 (1961)
Monell v. Department of Social Services of the City of New York
436 U.S. 658 (1978)
Owen v. City of Independence, Missouri 445 U.S. 622 (1980)
Leatherman v. Tarrant County Narcotics Intelligence and Coordination
Unit 507 U.S. 163 (1993)

Harlow v. Fitzgerald 457 U.S. 800 (1982)
Briscoe v. Lathe 460 U.S. 325 (1983)
Malley v. Briggs 475 U.S. 335 (1986)
Anderson v. Creighton 483 U.S. 635 (1987)
Hunter v. Bryant 502 U.S. 224 (1991)

Readings: Cases, Chapter #1 -- Cases, Chapter #8

Unit #4 - Tort Liability and Policy (or lack of) Customs and How Police Departments Act

Incident of Civil Suit
Police Fear of Litigation
The Cost of Civil Liability
Differences between levels of State Torts: Behaviors v. Elements
Wrongful Death
False Assist
False Imprisonment
Legal Duty to Act
Breach of Duty - Failure to Protect
Proximate cause of injury determination
Damage or injury, which interfered with interests of an individual or their properity

City of Oklahoma v. Tuttle 471 U.S. 808 (1985)
Penbaur v. City of Cincinnati 475 U.S. 469 (1986)
City of St. Lewis v. Praprotnik 485 U.S. 112 (1988)
Board of the County Commissioners of Bryan County
Oklahoma v. Brown, et al. 520 U.S. 397 (1997)
McMillian v. Monroe County, Alabama 520 U.S. 781 (1997)

Readings: Issues, Chapter #2 -- Cases, Chapter #3

Unit #5 - Police Negligence

Simple v. Gross negligence
Operations of Emergency vehicle
Failure to protect (e.g. domestic)
Failure to arrest (e.g. drunk at the bar and going home)
Failure to render assistance

Selection/Hiring/Retention
Supervision (over sight) and Discretion
Assignment
Training
Assumption of Risk

Brandon v. Holt, 469 U.S. 464 (1985)
Kentucky v. Graham 473 U.S. 159 (1985)
Will v. Michigan Department
State Police 491 U.S. 58 (1989)
Hafer v. Melo 502 U.S. 21 (1991)

City of Canton, Ohio v. Harris, 489 U.S. 378 (1989)
Collins v. City of Harker
Heights, Texas 503 U.S. 115 (1992)

Readings: Issues, Chapter #2 and pages 26-28

Unit #6 - Police Liability for Abandoning Citizens in Dangerous Places and Situations

Third-Party Criminal Victimization
Abandoning Vehicle Occupants
Abandoning Children
Abandoning Assault Victims

Readings: Issues, Chapter #6

Unit #7 - Fundamentals of Federal Liability -- Violation of Civil Rights and Federal Laws

Civil Rights Act 1871
Constitutional Amendments: First, Fourth, Fifth, Sixth, Eighth and Fourteenth
U.S. Title 42 Section 241
Section 224
U.S. Title 42 Section 1983
Municipal Liability
Rodney King Trial
State - Criminal Prosecution of Police Officers
Federal - Civil Rights and Prosecution of Police Officer
State - Civil Tort Recovery
Rodney King Trial and Ethical issue of race discrimination
City Policy and Municipal Policy Makers
Administrative and Deliberate Indifference
Failure to Train - City and Police Accountability

Selected Amendments of the U.S. Constitution: First, Fourth, Fifth, Sixth, Eighth and
Fourteenth
Conspiracy Against Rights 18 U.S.C. Section 241
Obstruction of Proceedings 18 U.S.C. Section 1505
Trial of Right of Property:
Burden of Proof 25 U.S.C., Section 194
Civil Action for Deprivation of
Rights 42 U.S.C., Section 1983
Conspiracy to Interfere with
Civil Rights 42 U.S.C., Section 1985
Action for Neglect to Present 42 U.S.C., Section 1986
Civil Rights and Elective
Franchise 28 U.S.C., Section 1343
Proceedings in Veneration of
Civil Rights 42 U.S.C., Section 1988

Readings: Issues, Chapter #3 -- Forces, Chapter #6 -- Cases, Appendix

Unit #8 - Deadly Force - When to Shoot -- When Not to Shoot

Fleeing Felons "Shoot in the Back?"
Bodily Harm and Clear and Present Danger Standard
Imminent Danger (FBI) Federal Standards
Immediate Harm/Danger
Serious Threat(s) vs. Threatened
Amadou Diallo Shooting NYPD - Bronx - 1999
Ethics of When to Shoot (and consequences of the "after-mat")

TENNESSEE V. GARNER 471 U.S. 1 (1985)

Readings: Issues, Chapter #4 -- Cases, Chapter #14

Unit #9 - Police Use of Excessive Force--Less than Lethal Force

Standards governing use of Non-Deadly Force
Force, which is, equals to threat or harm being directed at the officer - SEVERITY
State and Federal Claims
Past DANGEROUSNESS
Liability for Excessive Force
Hand cuffing/mace/club/bodily and/or physical contact - the night stick and LAPD chock
hold (see ethics also) "Come-Alongs " (see Ethics also)

Graham v. Connor 490 U.S. 386 (1989)
City of Los Angeles v. Heller 475 U.S. 796 (1986)
Saucier v. Katz, et al 533 .S. (2001)

Readings: Issues, Chapter #4 -- Issues, pages 74-75

Unit #10 - Negligent Operation of Police Vehicles

Statutory Immunities
Duty of Care
Factor governing Police Pursuit
High Speed Police Pursuit - Breaches of Researchableness
High Speed Pursuit Policies
Judicial Construction of Causation
Defenses to Negligent Operation

Brower v. County of Inyo 489 U.S. 593 (1989)
County of Sacramento v. Lewis 523 U.S. 833 (1998)

Readings: Issues, Chapter #7 -- Cases, Chapter #7

Unit #11 - Negligencey to Arrest Intoxicated Drivers

Special Duty Doctrine - Special Relationship
Ministerial/Discretionary Distinction
Public Duty Doctrine (see unit #1 also)
Denice of Public Duty Doctrine (see unit #1 also)
Special Relationship - Special Duty (see unit #1 also)

Readings: Issues, Chapter #8

Unit #12 - Liability of Traffic Offers

Negligence at Accident Scenes
Duty to Warn and Protect
Duty to Render Assistance
Duty to Investigate
Duty to Secure Accident Scenes

Readings: Issues, Chapter #9

Unit #13 - Liability for Failure to Present Detainee Suicide

Duty to Care
Failure to Prevent Detainee Suicide
Suicide Cases Considered in Context and on Individual Bases
Violation of rules and standards for Detainees
Supervision of Detainees
Providing A Safe Facility
Failure to Rescue
Defenses to Detainee Suicide

Readings: Issues, Chapter #10

Unit #14 - Police Liability for High-Risk Drug Enforcement Operations

SWAT Teams (Emergency Response Teams)
Warrant - Non-Warrant
Search and seizure
Searching Drug Houses
No-Knock
Detention and Searches of Drug Suspects
(Guide for Conducting Defensible Strip Searches)
Confiscation of Property
Drug Detentions and Probable Cause
Substance Identification and Analysis

Readings: Issues, Chapter #5

Unit #15 - Asset Fortitude and Seizure - GRAY AREAS -- Questions of Police Wrong

Doing and Profiling
Legality of using seized drug property and money for police department spending
Examples in Florida and Louisiana of dishonest use of drug seizure and profiling

Readings: Lecture

Unit #16 - Reporting Police Misconduct

FBI Investigations of Police Officers and Police Departments
Where and to Whom Can you Report (options)
Police Misconduct/Corruption - (oversight)

Readings: Lecture

Unit #17 - What is Ethics - Why Study Ethics

DEVIANCE
Statistical Definition
Absolute Definition
Reactivist Definition
Normative Definition
Rotten Apples
Rotten Pockets
Grass Eaters vs. Meat Eaters
Free Cup of Coffee is not free

Readings: Forces, Chapter #1

Unit #18 - Early Policing in America

PATRONAGE -- CIVIL SERVICE REFRAM - Tammany Hall
PATRONAGE
President Garfield Assassinated - Pendleton Act 1983
New York and Tammany Hall Civil Service -- Merit System
IACT and Police Ethics

Readings: Forces, Chapter #2

Unit #19 - IACP and Code of Police Ethics

IACP Ethic Training Survey, Spring 1997
Ethics at Police Academies: Free Cup of Coffee Lecture
Specific types of policy misconduct (Chapter 1)
IACP Police Codes of Ethics

Readings: Forces, pages 241-244 -- lecture

Unit #20 - Minority Voice in U.S. Constitution Accounting for Governmental Wrong Doing "We the People . . ."

The Federalist Papers 10, 51, 55, 57 and numbers 1, 6 and 78 by Alexander Hamilton
John Madison and Thomas Jefferson on Ethics
Tocquevilles Views
Ethics oversight

Readings: Lecture

Unite #21 - Moral Wrong and Whistle Blowing:

Biblical Wrong verses Altruism and Selfishness
Survival of the individual
Norms-values - laws (protection of individual or good of society?)
Not a set of prohibitions but public trust accountability

Readings: Lecture

Unit #22 - New Police

Sir Robert Peel - The English Model - Peelian Rules and Standards - A model of force

Readings: Lecture

Unit #23 - Police Enforcing the Laws

Police Discretion - Legislative Intent and discretion to carry-out the law
DUI - Prostitution - "Recreational" Drugs - Hate Speech
Abortion - Vice Crimes
Spiting on the sidewalk - jay walking - arrest?
Prof - George Kirkham - His Ride Along Diary of Experiences on the Street

Readings: Lecture

Unit #24 - National and Police Professional Association and Reform Efforts

Wickersham Commision - "A third degree" - August Vollmer
Boston Police Strike 1910
Police Reform after WW II
LEAA - Reform
LEEP - "Get Cops into the College"

Readings: Lecture

Unit #25 - Police Role and Family and the Working Environment

Police Role
Police Subculture
Police Family
Blue Wall of Silence - Joseph Wambaugh and Blue shirt to Blue Shirt / Brown Shirt to
Brown Shirt
Jerome Skolnick : Police Personality
Authher Niederhoffer: Police Family Culture
Michael Lipsky: Police Street - Level Bureaucracy
William Muier: Police Street - corner Politicians
Connie Fletcher: What Cops Know (Secrets)

Readings: Forces, Chapter #3 -- Forces, Pages 256-260

Unit #26 - Police Image

Dirty Harry
Movies and TV Shape Police Role and Ethics: Dirty Harry
Breeding Confirmation
Cops dress alike, talk alike, look alike. . . . .
Policing - A way of life 24/7
Conduct Ripple Effect
Police Discression and influence on Police Discression
Role Confusion
Guardians of Justice vs. Evil Oppressors of the State
Denial and Justification of Police Deviance
Motives and Motivation - Right versus Wrong

Readings: Forces, Chapter #5

Unit #27 - Police Styles

James Q. Wilson Study of Police Styles
Crime Fighters
Law Enforcers of the Rules
Social Agents (Social Workers)
Watchmen
Changing role and styles - shift to Service Side of the badge
Lakewood Colorado Good idea - wrong times
William Wesley: Violence and the Police (1970)
David Bayley: Police for the Future (1994
Ruess - Ianni: Prostitutes of Police Culture (1983)
Albert Reiss, Jr: The Police and the Public (1971)
Broken Windows
George Kelling and James Q. Wilson
Problem Solving (POP)
Herman Goldstein

Readings: Lecture

Unit #28 - Police Dark Side: Breading Diviance

Learning to Deviate
"Slippery Slope"
"Assholes" "Dirt-bag" - "Scumball" and other cop words of the street
Them against us mentality - All people are bad or are users of police
"You call -- We Haul" Solutions
Ethics of Secrecy?
Isolation - Stress - Solidarity
Bonding - The New Recruit - How much can you Trust Him?
Mama Rosa's Test
Magic Pencil
Citizen Oversight
Desertification
Re-Training
Early Training and Problem Spotting
Early Warning Symptoms and Systems
Role of the Supervisor
Accountability and Discipline

Readings: Forces, Chapter #4 -- Forces, Chapter #10 -- Forces, pages 260-269

Unit #29 - How Much Force - Too Much Equally Brutality

Police Brutality - Riverside Sheriff Department
Abner Louima
Choke hold - LAPD
"Screen" Test
How much Force?

Readings: Forces, Chapter #6

Unit #30 - NYPD and LAPD Corruption - Police Corruption NYPD - LAPD Rampart

Division Scandal
Frank Serpico - Knapp Commission
Michael Dowd - Mollen Commission
Buddy Boys Case
Fort Apache - NYPD
Patrick Murphy - New York Police Commissioner and Reformer

Readings: Forces, Chapter #8

Unit #31 - New Orleans Police - "Earn Your Money on the Sheets"

The Big Easy - The most corrupt police force in America: New Orleans Police Department (NOPD)
District of Columbia and varieties of police deviance "Mass hiring without background checks"

Readings: Forces, Chapter #9

Unit #32 - "Scum on the Streets" - You Call We Haul and Remove (sometimes)
Police Insensitivity
Jeffery Dahmer - Police Prejudice and Discrimination
Homosexuals and police - and sexual incidents
"you call - we haul" mentality

Readings: Forces, Chapter #7

Unit #33 - Controlling Police Misconduct: External and Internal Control

Bounds of Behavior
Top Police Officials and Ethical Standards
Problem of growing militarization of Police
The Improbability of controlling all Police Corruption "Police Their Own" - Internal Affairs
Citizen Complains - Access to justice and hearing

Readings: Forces, Chapter #11
 
 

Monroe v. Pope, 365 U.S. 167 (1961)

Monell v. Dept of Social Services of City of New York, 436 U.S. 658 (1978)

Owen V. City of Independence, Mo., 445 U.S. 622 (1980)

Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163 (1993)

Harlow v. Fitzgerald, 457 U.S. 800 (1982)

Briscoe v. Wahue, 460 U.S. 325 (1983)

Malley v. Briggs, 475 U.S. 335 (1986)

Anderson v. Creighton, 483 U.S. 635 (1987)

Hunter v. Bryant, 502 U.S. 224 (1991)

City of Oklahoma City v. Tuttle, 471 U.S. 808 (1985)

Pembaur v. City of Cincinnati, 475 U.S. 469 (1986)

City of St. Louis v. Praprotnik, 485 U.S. 112 (1988)

Board of the County Commissioners of Bryan Oklahoma v. Brown, et. al. 520 U.S. 397 (1997)

McMillian v. Monroe County Alabama, 520 U.S. 781 (1997)

Brandon v. Holt, 469 U.S. 464 (1985)

Kentucky v. Graham, 473 U.S. 159 (1985)

Will v. Michigan Dept of State Police, 491 U.S. 58 (1989)

Hafner v. Melo, 502 U.S. 21 (1991)

City of Canton, Ohio v. Harris 489 U.S. 378 (1989)

Collins v. City of Harker Heights, Texas 503 U.S. 115 (1992)

Graham v Conner, 490 U.S. 386 (1989)

City of Los Angles v. Heller, 475 U.S. 796 (1986)

Saucier v. Katz, et. al, 533 U.S. (2001)

Bower v. County of Inyo, 489 U.S. 593 (1989)

County of Sacramento v. Lewis 523 U.S. 833 (1998)

Friday February 15                Unit #1                 Introduction/Course Requirements

Monday February 18             Unit #2

Wednesday February 20         Unit #3

Friday February 22                 Unit #3 (continued)

Monday February 25             Unit #4

Wednesday February 27         Unit #5 and Unit #6

Friday March 1                         Unit #7

Monday March 4                     Unit #8

Wednesday March 6                 Unit #8 (continued)

Friday March 8                         Unit #9

Monday March 11                     Unit #9 (continued)

Wednesday March 13                Unit #10

Friday March 15                         Unit #11

Monday March 18                     Unit #12

Wednesday March 20               Unit #13

Friday March 22                         Unit #14

Monday March 25                     Unit #15

Wednesday March 27                 Unit #16

Friday March 29                     EXAM I (1 hour) (Tentative Date)

Monday April 1                         HOLIDAY - Cesar Chavez Day - NO CLASS

Wednesday/Friday April 3-5     SPRING BREAK - NO CLASSES

Monday April 8                         Unit #17

Wednesday April 10                 Unit #18

Friday April 12                         Unit #19

Monday April 15                     Unit #20

Wednesday April 17                 Unit #21

Friday April 19                         Unit #22

Monday April 22                        Unit #23

Wednesday April 24                 Unit #24

Friday April 26                         Unit #25

Monday April 29                         Unit #25 (continued)

Wednesday May 1                         Unit #26

Friday May 3                                 Unit #27

Monday May 6                             Unit #28

Wednesday May 8                         Unit #29

Friday May 10                                 Unit #30

Monday May 13                             Unit #30

Wednesday May 15                     EXAM II (1 hours) (Tentative Date)

Friday May 17                                 Unit #32

Monday May 20                             Unit #31

Wednesday May 22                         Unit #33