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"I think the first duty of society is justice."
--Alexander Hamilton

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Body Cams: An Instant Replay for Law Enforcement

10/17/2013

4 Comments

 
PictureTASER's Axon Flex body-worn camera.
Now that the media and the public travel everywhere with cameras, it may be time for law enforcement officers and other first responders to have that same capability. Video from cruiser cameras has been used as evidence in traffic court cases and in use of force incidents. However, dash cams can only capture whatever happens in front of the vehicle. In contrast, body cameras go everywhere an officer goes.

They are "designed to be the eyes and ears during police encounters," www.CBSNews.com. Deputies in Orange County California will run a trial with a few body cameras provided free by the manufacturer. "Unlike a dash camera, the body cameras will capture everything that happens once a deputy gets out of his or her vehicle and approaches a suspect or victim with full video and sound," www.WFTV.com

TYPES OF BODY CAMS
  • Shirts or lapels
  • Eyeglasses
  • Helmets

Sometimes called Point-of-View cameras, these high tech devices give the officer's perspective during use of force incidents and record statements made during drug, DUI, or domestic violence cases. Both advantages and concerns have been expressed over the use of body cams in law enforcement.

CONCERNS/WATCHING THE COPS

"A federal judge ordered New York city's police department to begin testing the devices after ruling that its stop, question, and frisk policy was unconstitutional," www.PoliceOne.com. Mayor Bloomberg argued that the body cams are not the answer. He asserted that it would provide fodder to further question police actions and motives. He thought that an officer who failed to record something might be accused of intentionally looking a different direction to avoid proof of the incident.

A helmet camera recorded the response to a plane crash in which a fire rig ran over a survivor at San Francisco International Airport on July 6, 2013, www.SFGate.com. Afterwards, the San Francisco fire chief banned firefighters from using personal cameras until a policy on their use is resolved. Chief Joanne Hayes-White stated that a concern for the privacy rights of firefighters and victims drove the decision. Cameras have also been banned in Houston and Baltimore, www.SFGate.com.


SUPPORT/DOCUMENTING THE INCIDENT

While some departments have concerns about officers being forced to wear body cams, others see it as a way to verify the claims of good officers doing good work. Chief James Brooks of the Laurel, Maryland, Police Department had a video of a traffic stop at his department go viral. Brooks said, "It shows that these guys were actually doing exactly what they were trained and how they were trained to do it...It was flawless," CNN.com.

Some cameras have a feature in which they capture 10 to 30 seconds of video that took place prior to an officer hitting record. This helps to document the unexpected. Officers can play the video when writing reports to accurately log statements and actions. "I think the biggest benefit is to be able to record a crime scene and the people and exactly how they're telling you the information," said Lt. Bob Wood of the Bellevue, Nebraska, Police Department, www.KETV.com.

Departments can also use videotaped incidents for training. Some of what is preserved will not be flattering. "The camera doesn't lie - it just shows what happened," said Arin Pace, a lieutenant with the Jacksonville, Florida, Fire Department, www.SFGate.com.

MOTORCYCLE OFFICERS

In Salt Lake City, Police Chief Chris Burbank praises the evidentiary value of helmet-mounted cameras for his motorcycle officers. A speeder may claim that obstructions affected the radar or that the officer was threatening until a video of the violation and interaction is shown in court. "Well, you see very clearly that that car is the only vehicle on the overpass. You now have the radar gun and the digital readout on the radar gun visible in the camera, the car in the background, and you've got a pretty good accounting of what that officer did," www.DeseretNews.com.

Chief Jack Baldwin of the Pigeon Forge Police Department in Tennessee also wants personal cameras for his motorcycle officers. "If you're wearing the camera, you've got your audio and video no matter where you are," www.TheMountainPress.com.

DRUG RAIDS

After a series of questionable drug raids, the San Francisco Police Department began equipping plain clothes supervisors with $1,000 chest cams. The allegations of officer misconduct stemmed from security video footage. "We can have a recording of the conversation at the door with regard to consent on consensual entries or the announcement on search warrant entries," Police Chief Greg Suhr said. "The main goal is to capture for purpose of evidence preservation the conversation at the threshold," www.PoliceOne.com.

USE OF FORCE

Chief Burbank of Salt Lake City also argues that video can be crucial in use of force cases. "You see the proximity of what's going on. You see the interplay that takes place and really what the officer's processing," www.DeseretNews.com. It can also be useful in domestic violence cases. The cameras can capture statements and allow officers to accurately transcribe them into reports.

It may be that officers conscious of wearing a camera are more disciplined in their use of language and use of force. The San Francisco Chronicle reported that when police wore personal video cameras in Rialto, California, it "led to an 88 percent drop in complaints against officers and a 60 percent drop in the use of force in a one-year period," www.DeseretNews.com.

CONCLUSION

More than 400 police departments across the U.S. use high tech body cams. Whether worn on a lapel, eyeglasses, or a helmet, body cameras go wherever law enforcement officers go. Those in favor of body cams claim they will protect citizens and law enforcement officers. Others fear they are another means of monitoring officers and raising liability concerns for agencies.

"I think you are going to find out that once this equipment is out there that our officers are performing in a professional manner and have been all along," said Martin Halloran, President of the San Francisco Police Officers Association, www.DeseretNews.com. Like their predecessors, the dash cams, body cams are likely to grow in popularity across the country.


RESOURCES:

  • Burns, Kenneth, "Pigeon forge police getting new body cameras to wear on shirts/lapels," www.TheMountainPress.com, Feb. 18, 2013.
  • CNN video, "Cops Use Eye Cams to Capture Crime," www.CNN.com, August 22,2013.
  • Eversley, Melanie and John Bacon, "Judge Rips NYPD Stop-Frisk Policy; City Will Appeal," www.USAToday.com, Aug 12, 2013.
  • KETV article, "Bellevue Police Get Another Set of Eyes," www.KETV.com, August 2, 2013.
  • Miller, John, "Cop Cams: 400 Police Depts. Use Tiny Devices," www.CBSNews.com, Aug 30, 2013
  • Reavy, Pat, "Eye on crime: Police Chief Pushes for Body Cams on Officers," www.DeseretNews.com, Deseret News, Nov. 14, 2012.
  • Van Derbeken, Jaxon, "Plainclothes SF Cops Fight Misconduct Allegations with Body Cameras," www.Policeone.com, August 28, 2013.
  • Van Derbeken, Jaxon, "SF Fire Chief Bans Helmet Cameras in Wake of Crash," www.SFGate.com, August 19, 2013.
  • WFTV, "Orange County Deputies Test Out Body Cameras," www.WFTV.com, Sept. 2, 2013.


4 Comments

History of Women in Law Enforcement: The Modern Era

4/8/2013

2 Comments

 
Picture
Beginning in 1972, women found more opportunities in law enforcement, although they still faced many barriers. Progress continues to move slowly.

Equipment
In the early 70's, many women were still issued impractical uniforms that included skirts and heals. In wasn't until the late 70's that equipment belts designed for women were available.

There are still issues with uniforms, especially in departments with few women. According to Donna Milgram, executive director of the Institute for Women in Trades, Technology and Science (IWITTS), "Most gear is designed for male officers and is based on tests with male officers, and cut down versions don't really work for women. Improperly fitting equipment, and uniforms pose a health and safety hazard which could endanger the lives of police officers and of others" (Policeone.com)

Opportunities
President Richard Nixon's 1969 executive order ending the FBI's ban on hiring women as special agents had been a step in the right direction. However, the most significant piece of legislation to usher in the modern era of law enforcement for women came in 1972.

An amendment to the 1964 Civil Rights Act gave the Equal Employment Opportunity Commission (EEOC) power to enforce anti-discrimination laws for state and local government agencies--including police departments. Women began being hired in greater numbers, attending regular police academies, and receiving promotions to supervisory positions across the country. These advances were not showing up equally in every department.

"An analysis of the UCR data showed that most of the police agencies reporting to the FBI did not employ any policewomen in 2003," (Policechiefmagazine.org). While large agencies and campus police departments integrated women into patrol positions, many small, rural departments still do not have female officers.

Hiring officials say they hire the best person for the job, but complain that there are few female applicants (Pennlive.com). Recruitment still lags behind need.

Diversity is important in law enforcement. Chief James Adams of Upper Allen Twp. Police Department in Pennsylvania said, "If you look at our client base, we have significant victims, witnesses, people we arrest, who are female. I'm not saying it's 50-50, but right now we're 100 percent male as far as sworn staff" (Pennlive.com).

  • 1972: An amendment to the 1964 Civil Rights Act gave the EEOC power to enforce anti-discrimination laws for state and local government agencies.
  • 1980: The Equal Employment Opportunity Commission (EEOC) formally defined sexual harassment and classified it as a form of sexual discrimination under the Civil Rights Act of 1964.
  • 1985: Penny Harrington became first female police chief for a major city, (Portland, Oregon).
  • 1992: Jacquelyn Barrett elected as first black female sheriff (Fulton County, Georgia).
  • 1993: Margaret M. Moore, first female to serve as the head of an ATF field office (Baltimore, MD).
  • 1994: Beverly J. Harvard selected first African American woman to serve as chief of police for a large city, (Atlanta, Georgia).
  • 1995: The National Center for Women & Policing and the National Association of Women Law Enforcement Executives were founded.
  • 1999: Women in Federal Law Enforcement organization was incorporated.
  • 2003: The majority of U.S. agencies did not employ female law enforcement officers.
  • 2011: Women comprise 13% of law enforcement personnel.
  • 2013: Julia Pierson appointed by President Obama as first female Secret Service Director.

Social Barriers
"In 1973, a sergeant with the LAPD, Fanchon Blake, sued after she and other female police sergeants were not allowed to take the lieutenant's exam because they were women. She won. A similar lawsuit filed against the Los Angeles County Sheriff's Department by Sue Bouan in 1980 was eventually settled in 1988" (Policemag.com). These lawsuits helped improve hiring and promotional practices for women. However, some of the pioneers, like Bouman, confronted a backlash from peers for the rest of their careers.

Sexual harassment and hazing were common roadblocks for new female officers in the 1970's. Patty Fogerson, ret. detective supervisor III, worked as a police officer with the LAPD from 1969 to 1994. She talked about her early years on the department. "Phrases like sexual harassment and hostile work environment didn't exist back then. I was able to work robbery and detectives, background investigations, and was one of the first female drill instructors in the academy. I just got along and survived in the beginning, then things settled down" (Policemag.com).

As of 1998, there were few mentoring programs designed to support women in law enforcement (Policemag.com). Women in small departments where they may be the only female patrol officer sometimes find support through national organizations.

Benefits of Women in Law Enforcement
Rather than having a tendency to fuel an already violent situation, female officers are more likely to use communication skills to try to calm the situation. Some victims may find talking with female officers less intimidating than reporting to male officers. Chiefs point out that there are situations in which the department may open itself up to liability when only relying on male officers in sensitive situations with female victims and suspects.

While some are concerned about women not being as big and strong as some male officers, others don't see this as a major issue. There are many tools, including tasers and firearms, that simply do not rely on strength. In most situations, all officers would be better off if they relied on tactics and skills rather than strength.

Now that women play a more active role in the military, some female applicants bring military experience and tactical skills to the job.

Achievements
Although uncommon, women have served as police chiefs, sheriffs, and assistant directors of federal agencies. Women have formed supportive organizations including the International Association of Women Police, The National Center for Women & Policing, The National Association of Women Law Enforcement Executives, and Women in Federal Law Enforcement.

There are still firsts left for women in law enforcement. In fact, Julia Pierson was just selected by President Obama to be the Secret Service director on March 26, 2013. She will be the first woman to hold that post. After working as a police officer for three years at the Orlando Police Department, she joined the Secret Service. She rose through the ranks over the last 30 years (www.cfnews13.com). Some believe that she is entrusted with changing the male-dominated culture of the agency which allowed for a prostitution scandal in 2012 (Washingtonpost.com).

Progress
The International Association of Chiefs of Police released a report on "The Future of Women in Policing" (Criminaljusticeschoolinfo.com). These were their findings:

  • Given the variety of circumstances faced by law enforcement officers, it has been found that women can be just as effective and even more effective in certain scenarios.

  • Women often show a high degree of competency in intellectual and strategic situations and can diffuse potentially dangerous situations with great skill

  • Women still face discrimination, sexual harassment, and peer intimidation in their roles

  • As role models at higher levels of law enforcement increase, the number of women interested increases

  • The media has recently made a shift and portrayed women as competent and effective law enforcement personnel, which is helpful for changing societal assumptions

  • More than two-thirds of current criminal justice students polled are in support of additional women law enforcement officers

  • Women law enforcement officers are especially effective in carrying out the new community model of policing, which is less reactive and more proactive

Women's role in law enforcement has grown significantly in the last 140 years (see Women in Law Enforcement: The Early Years). Yet, women hold only 13% of law enforcement jobs, and only 7% of supervisory positions (Criminaljusticeschoolinfo.com). Many small departments still have no females among their sworn officers. Unlike their male counterparts, female officers frequently feel the need to prove themselves daily. Perseverance has allowed women to make contributions and attain increasingly more powerful roles in law enforcement.


Resources:

Criminal Justice School Info, "Women in Law Enforcement," www.criminaljusticeschoolinfo.com, (accessed 4-2-2013).

Horne, Peter, "Policewomen: Their First Century and the New Era," www.policechiefmagazine.org, September, 2006.

Miller, Barbara, "Female Police Officers are Rare but Sought After for Unique Skills," www.pennLive.com, 12-8-2012.

National Law Enforcement Officer Museum, "Women in Law Enforcement Photo Timeline," www.NLEOMF.org, (accessed 3-20-2013).

News 13, "Orlando's Julia Pierson Named 1st Woman Secret Service Head," www.cfnews13.com, 3-26-2013.

Scoville, Dean, "The First Female Patrol Officers," www.policemag.com, 9-21-2012.

Stone, Rebecca, "Sam Browne and Beyond: A Look at Duty Belts," www.policeone.com, Nov. 2000.

Wilson, Scott, "Obama to Name Julia Pierson as New Secret Service Director," www.washintonpost.com, 3-26-2013.

2 Comments

Servare Vitas: The Hostage Rescue Team Hits 30

2/27/2013

2 Comments

 
Picture
A hostage or terrorist situation may demand more tools and tactical expertise than first responders bring to the scene. When even the local SWAT team and state crisis negotiators aren't enough, law enforcement may call in the FBI's Hostage Rescue Team (HRT).

The 30-year-old program was developed in preparation for the 1984 Summer Olympics in Los Angeles. Extreme? No. Not after the world had witnessed terrorists abduct and murder 11 Israeli athletes at the 1972 games in Munich, Germany. At the time, only the military had the assets and training to deal with such a situation, but it could not deploy within the U.S.

                                                               HRT Motto: Servare Vitas
                                                                      "To Save Lives"


This civilian counterterrorism team has responded to nearly 800 incidents since 1983. "When needed, the team is prepared to deploy within four hours of notification to anywhere in the U.S. in response to terrorist incidents, hostage situations, and major criminal threats," FBI.gov. On occasion, they assist the military with sensitive situations in other countries.

High-Risk Missions
  • Terrorists
  • Hostage-takers
  • Violent criminals

Recently the HRT joined local law enforcement officers near Midland City, Alabama, to help rescue a 5-year-old boy, in an underground bunker, from his armed captor. They used military surveillance equipment to monitor activity in the 6 ft. by 8 ft. bunker. At the end of the 144-hour standoff, the boy was safe and the abductor was dead, DothanEagle.com.

The HRT had built a mock bunker to train for possible entry. "The FBI Hostage Rescue Team blew the doors off the bunker and shot dead the survivalist during the daring raid...after footage from a secret hi-tech camera showed the boy's life was in imminent danger," DailyMail.co.uk. The press kept many details confidential until the standoff ended. Any publicity could have tipped off the abductor and endangered the boy.

This tremendous success comes on the 30th anniversary of the team's founding. Not all of the team's actions are always praised. In 1993, the HRT was involved in the tragic standoff with the Branched Davidian sect in Waco, Texas. Seventy-four of the cult's members died during the siege, CBSNews.com. To see an overview of how the Hostage Rescue Team is supposed to work, view the FBI's new video, "Hostage Rescue Team Marks 30 Years."


Resources:

Collins, Laura and Thomas Durante and Rachel Quigley, "I Can't Describe How Incredible it is to Hold Him Again," DailyMail.co.uk, 2-5-2013.
FBI, "The Hostage Rescue Team: 30 Years of Service to the Nation," FBI.gov, 2-1-2013.
FBI, "Hostage Rescue Team Marks 30 Years," Youtube.com, 2-1-2013.
Frontline, "Waco: Chronology of the Siege," PBS.org, (accessed 2-25-2013).
Griffin, Lance, "Hostage Safe, Gunman Dead in Midland City Standoff," DothanEagle.com, 2-4-2013.
Miller, John, "Behind the Scenes of FBI's Secretive Hostage Rescue Team," CBS This Morning, CBSNews.com, 2-6-2013.




2 Comments

Objectively Reasonable: Judging Police Use of Force

1/9/2013

0 Comments

 
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We have heard stories in which police use deadly force against what appeared to be a gun-wielding attacker. Later, it may have been determined that the offender held a toy gun or even a cell phone. How is the use of force to be judged in such a situation? By the "objectively reasonable" standard.

In 1998, the U.S. Supreme Court made this statement when ruling in Graham v. Connor (490 U.S. 386):

"The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments - in circumstances that are tense, uncertain and rapidly evolving - about the amount of force that is necessary in a particular situation. The test of reasonableness is not capable of precise definition or mechanical application" (McBride).

This is the current legal standard by which police use of force is evaluated in federal courts. It suggests that one must assess the case based upon what was known/believed by a  reasonable police officer at the time. Whatever may be determined later does not change the perceived danger at the moment. According to Howard Rantz, author of Understanding Police Use of Force (Criminal Justice Press, 2003), court rulings have "affirmed the principle that deadly-force incidents must be judged from the precise moment the 'seizure,' i.e. deadly force, occurs" (Davis).

The must ask if a reasonable officer with similar training and experience would have acted the same in similar circumstances (Roufa).

In Graham v. Connor, the Supreme Court gave us three factors to consider when evaluating use of force:
  1. The severity of the crime at issue,
  2. The threat of the suspect, and
  3. The level of resistance offered by the suspect (Flosi).

The objectively reasonable standard has begun to replace use-of-force continuum in departmental policies. This includes influential agencies like the Federal Law Enforcement Training Center and the Los Angeles Police Department.

This is the general use of force policy of the LAPD:

"Use of Force - General. It is the policy of this Department that personnel may use only that force which is 'objectively reasonable' to : Defend themselves; defend others; effect an arrest or detention; prevent escape; or overcome resistance" (McBride).

We cannot fairly evaluate police actions based on what we learn about an incident after the fact. So it is not pivotal if we later find out that an offender's gun was unloaded. It only matters that the officer involved can articulate the perceived threat to her life or the lives of others at the moment and that her actions be deemed "objectively reasonable." It would be truly unreasonable of us to judge police based on facts they could not have known at the time.


Resources:

  • Davis, Kevin, "Officer Survival in 20/20 Hindsight," Officer.com, 1-3-2013.
  • Flosi, Ed, "Use of Force: Defining 'Objectively-Reasonable' Force," Policeone.com, 2-8-2012.
  • McBride, Kevin, "Objectively Reasonable Standard for Training Officers in Use-of-Force,"  Lawfuluse.com, 10-31, 2012.
  • Roufa, Timothy, "Uses of Force in Law Enforcement and Corrections," About.com, (accessed 1-8-2013).

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    Author

    Laura Cooper lives in Nebraska and writes crime fiction and a wide range of short stories from her family farm.

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