CRM/LAW C7 Lecture Notes - Lecture 7: Police Misconduct, Adrian Schoolcraft, New York City Police Department

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Chapter 11: Law Enforcement and the rule of law: Is there a trade off?
-What does Bayley argue is the common but inaccurate explanation for police misconduct? What does
he propose as an alternative explanation and solution to police misconduct?
The usual eplaatio for polie isodut is that the do’t uderstad hat is right ad
wrong, that the values of the police need changing to emphasize more scrupulous adherence to
law and to human rights.
The solution is to raise the normative consciousness of the police, to convince them they have a
duty both to uphold the rule-of-law and to provide public safety.
Bayley believes the problem is that the police believe that the violation of law and of human
rights is sometimes required for effective law enforcement.
Bayley thinks the police must be shown that the costs to them of violating the rule-of-law are
greater than are the benefits, that doing right is not only commendable normatively, but also
furthers their own collective self-interest.
-Is Bayley doing a sociological analysis of the criminal justice system? Why or why not?
Bayley is doing a sociological analysis of the criminal justice system because he is focusing on
oral ehortatio ad that letures o hua rights are a eessar ut ot sufficient
orretie to the dilea polie offiers fae. He is fousig ore o ho polie a at to
prevent and control crime.
-Does Bayley believe that the effectiveness of law enforcement is incompatible with police adherence to
the rule-of-law? Why or why not?
No Bayley does believe the effectiveness of law enforcement is compatible with police
adherence to the rule-of-law eause he sas i order to eoe effetie at preetig rie,
police need to be protective of human rights so that they can enlist the willing corporation of
the puli.
When the police violate the rule-of-law, they not only forfeit the cooperation they need, but
they also raise the likelihood that encounters with the public will generate hostility and violence.
-Reasons for Law breaking
Public Safety
o The essential mission of the police is to control and deter.
o For police, doing justice in such circumstances mean ensuring that the perpetrators are
caught and punished.
Unique Empowerment
o The police have a unique power- they can physically constrain individuals.
o To proide puli safet, the polie are alloed to la hads o people’s odies agaist
their will.
Public Respect
o Not only do police feel pressure from the public to overstep their authority, they are
taught in police schools that it is essential to establish immediate control in any
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