mutual respect in policing - cops · 2013. 1. 23. · mutual respect in policing lesson plan ....

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U.S. Department of Justice Office of Community Oriented Policing Services

Mutual Respect in Policing

LESSON PLAN

www.cops.usdoj.gov

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1 FROM THE COPS OFFICE

OFFICE OF COMMUNITY ORIENTED POLICING SERVICES

We are pleased to provide you with the enclosed training video and accompanying lesson plan, Mutual Respect in Policing. This training video is an outgrowth of the Problem Solving Group on Law Enforcement Stops and Searches, convened by the Department of Justice (DOJ).

This meeting brought together law enforcement, civil rights organizations, researchers and training professionals, along with representatives from components of DOJ, for an open discussion about police stops and searches. Feedback from this meeting highlighted the need to identify police practices that build trust and enhance police integrity, and which support the COPS Office efforts to advance community policing.

The purpose of the training video and lesson plan is to provide a teaching aid for instructors or facilitators who intend to provide information to police officers on the issue of mutual respect in policing. The training tape contains five (5) scenarios created by police officers with teaching points accompanying each scenario. The scenarios can be presented separately in successive roll calls; or, all together in one classroom presentation. This video was designed to provoke thinking and discussion about important police integrity issues.

On behalf of the COPS Office, we hope that you find this training video to be an effective resource as you continue your efforts to promote police integrity in your department and in your community.

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3 ACKNOWLEDGEMENTS

ACKNOWLEDGEMENTS

The five scenarios portrayed in the Mutual Respect in Policing training video were developed by police officers, for police officers. The information portrayed in this training video is meant to provoke critical thinking and discussion about how police actions are perceived by others. It also seeks to help create constructive dialogue between police and citizens about how they may view police - citizen interactions quite differently. In the aftermath of September 11th, 2001, we have seen how citizens react to police officers in a very positive way.

The COPS Office would like to thank the Federal Law Enforcement Training Center (FLETC) for help in developing this training video. Particular thanks go to Patsy Andrew, Senior Program Specialist at FLETC; and, Stephen Brooks, STAR Branch Chief at FLETC. We appreciate their ongoing guidance and support.

We also extend our thanks to the following individuals who participated in the Video Development Conference. Their input and ideas shaped the content of the video. They include: Beverly Alford, COPS Office; Frank Amoroso, DOJ/CRS-Boston Regional Office; Kenneth Austin, National Urban League; John Cary Bittick, NSA; William Buie, Prince George's County Police Department; William Callahan, EPIC; Louis Cannon, FOP; Harry Corbitt, New York State Police; John Crew, ACLU of Northern California; Jim Dozier, Texas Commission on Law Enforcement; Ed German, Department of the Treasury; Preston Gilstrap, Dallas Police Department; Brian Jones, Washington State Patrol; Bill Kelly, California Highway Patrol; George Mazza, DOJ/Office of Justice Programs; Tony McElroy, San Diego Police Department; Chuck Peltier, NHTSA; Mark Posner, DOJ/Civil Rights Division; and Nancy Ware, DOJ/Office of Justice Programs. The content of this video does not necessarily reflect the opinions of all these individuals.

Ellen Scrivner, Ph.D. Deputy Director, Community Policing Development COPS Office

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5 SYLLABUS

SYLLABUS

COURSE TITLE: Mutual Respect in Policing Lesson Plan to assist instructors or facilitators in presenting the COPS Video.

DESCRIPTION:

The purpose of this training video and lesson plan is to provide a teaching aid for instructors or facilitators who intend to provide information to police officers on the issue of mutual respect in policing.

Instructors or facilitators can include sergeants (roll call) or academy trainers (classroom). The training tape contains five (5) scenarios with teaching points accompanying each scenario. The scenarios can be presented separately in successive roll calls; or, all together in one classroom presentation. In either case, discussion of teaching points should follow each scenario.

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6 MUTUAL RESPECT IN POLICING

TERMINAL PERFORMANCE OBJECTIVE:

Participants will have greater awareness of respectful police behavior and their ability to work towards better community relationships will be strengthened. Their awareness of culturally sensitive issues will be enhanced.

INTERIM PERFORMANCE OBJECTIVES:

1. Recognize that we are all influenced by past experiences and that treating people with dignity and respect is the foundation of good communication.

2. Recognize that a police officer's actions and demeanor shape the image of their agencies and of law enforcement in general.

3. Recognize that good law enforcement practices involve investigating patterns of criminal behavior and that the use of race as a reason to stop someone is illegal.

4. Recognize that gaining community support and acceptance requires mutual trust and respect between the citizenry and the police.

5. Recognize that establishing positive community partnerships is an effective use of police authority.

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7 SYLLABUS

METHOD OF EVALUATION:

1. Participation in group discussion

Instructor Guide

METHODOLOGIES:

1. Lecture with questions. 2. Discussion. 3. Video with group discussion.

TRAINING AIDS/EQUIPMENT:

1. Instructor a. Video player

SPECIAL REQUIREMENTS:

None

DEFINITIONS: TPO - Terminal Performance Objective

IPO - Interim Performance Objective

NTF - Note to Facilitator

ITP - Instructor Teaching Point

QTC - Question to Class

AR - Anticipated Response

Large Group Exercise - Involves the entire class in discussion

Small Group Exercise - Involves groups of fourto six students

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OUTLINE OF INSTRUCTION

I. INTRODUCTION

A. Provide an overview of why this training video is being presented and discuss your experience with this subject. Remind students that the issues discussed will enhance and reinforce knowledge and skills that they already have as law enforcement officers and will provide critical thinking about how police behavior is perceived.

B. Terminal Performance Objective: Participants will be able to define and recognize forms of mutual respect in policing. They will strengthen their ability to develop better community relationships and will heighten their awareness of culturally sensitive issues.

C. Interim Performance Objectives:

1. Recognize that all are influenced by pastexperiences and that treating people with dignity andrespect is the foundation of good communication.

2. Recognize that a police officer's actions anddemeanor shape the image of their agencies andof law enforcement in general.

3. Recognize that good law enforcement practices involveinvestigating patterns of criminal behavior and that theuse of race as a reason to stop someone is illegal.

4. Recognize that gaining community support andacceptance requires mutual trust and respect betweenthe citizenry and the police.

5. Recognize that positive community partnerships are effective uses of police authority.

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II. PRESENTATION

A. Recognize that we are all influenced by pastexperiences and that treating people with dignity andrespect is the foundation of good communication.

Note to Facilitator (NTF): Show the first scenario of the film. (White male officer makes a traffic stop of a black male motorist in a newer Cadillac.) Then lead a discussion about the scenario. Begin by having the class describe the scene and then ask about the officer's demeanor. Was the officer giving multiple commands that couldn't all be complied with at the same time? Is this officer motivated by something he sees that we don't see? Is there something in the scene that the class sees that would cause a heightened level of fear for the officer? Was this a high or low risk stop? Did the motorist seem "out of place"?

Instructor Teaching Point (ITP): Both officers and citizens are influenced by past experiences. Those experiences could be negative or positive.

QQuestion to Class (QTC): What could the officer have done to defuse the situation?

A Anticipated Response (AR): After assessing the situation, he could have attempted to take the "edge” off of his voice; explained to the motorist why he assumed the tone and manner that he did.

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ITP: Treating people with dignity and respect is the foundation of good communication. There is more to communication than spoken words. Your tone of voice, demeanor and body language send messages.

AAR: A wide range of responses may be anticipated. Most will focus on officer safety andshould take circumstances into consideration.

QQTC: Is this how your field training programs teachyou to make traffic stops?

ITP: Treating people with dignity and respect is the foundation of good communication.

QQTC: Did the officer show the motorist respect? Did the motorist show the officer respect? Whatcould have been done differently? Do we expect thatthe motorist is going to be happy to be stopped evenif he realizes he was in violation of the law?

AAR: The officer was doing his job but perhapsreacted to the comments from the motorist. Theofficer did seem to give conflicting commands tothe motorist. The officer could have given theinstructions to the motorist with less of an“authoritarian” manner.

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B. Recognize that a police officer’s actions and demeanor shape the image of their agencies and of law enforcement in general.

NTF: Show the second scenario of the film. (An African-American couple is looking at a house in a nice neighborhood. They are confronted by two law enforcement officers, one a white female and the other a white male). Lead a discussion about the scenario. Begin by asking the participants to describe the scene and the actors. Then ask if they thought the officers initially engaged the couple because of their race. Ask the participants if they thought the man reacted because of his race and his perception that the officers would not have engaged him if he were white.

IPO: The first few seconds of any encounter with a citizen are critical to the outcome.

Q QTC: What assumptions do you think the officers initially made? What level of threat would you have felt in this situation?

A AR: It is hard to tell what the officers were assuming. They may have thought the couple was planning a burglary. Depending on the actual reason for the couple being at the house, the level of threat to the officers could vary greatly. Considering the setting, time of day and general demeanor of the couple, there may not have been much of a threat.

Q QTC: What assumptions do you think the African-American couple initially made? What level of threat do you think they felt in this situation?

A AR: They likely assumed that the officers were only interested in them because of their race. They may not have felt threatened at all but angry that they were being confronted because of their race.

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IPO: Citizens see law enforcement officers as people of authority. Citizens all make assumptions about law enforcement officers. They do not know you as an individual.

QQTC: What assumptions do people in yourcommunity make about law enforcement officers?

AAR: Expect a broad range of answersfrom honesty, courage and integrity,to dishonest, racist, etc.

Q QTC: Are the assumptions fair to law enforcement officers? What can you do to change the negative images and enhance the positive images?

A AR: Expect a broad range of answers including more community policing, diversity training, active community involvement, citizen academies, etc.

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IPO: The badge and uniform may be intimidating to the public. Officers take the badge and uniform for granted and they may be a source of pride for the officer and many members of the community. Yet, for some segments of the community, the badge and uniform can create fear. The uniform is a symbol of the authority law enforcement carries.

QQTC: What is the source of law enforcement's “authority”?

A AR: The source of the authority for law enforcement officers is the people themselves. “Law enforcement officers are not the masters of the people but the servants of the law-abiding.” -- Law Enforcement Officers Code of Ethics, 1956. Law enforcement officers are bound by the laws created and enacted by a representative government.

IPO: The odds that a situation will get off to a bad start increase when citizens have negative past experiences with law enforcement.

NTF: Lead a discussion of this IPO. Do so by posing the following questions: If you as an officer recognize hostility or anger in a citizen, what can you do to defuse the situation? Can you recognize that the hostility may not be personal?

QTC: How do you deescalate hostile situations?QA AR: Be professional. Being courteous, respectful

and polite can deescalate encounters before they get out of control. A calming presence and a lower voice tone help.

IPO: Your professionalism shapes the image of your agency and the entire law enforcement profession. By deescalating a situation and treating people with respect and dignity, you create a positive experience for them to build on in their next interaction with a law enforcement officer.

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C. Recognize that good law enforcement practices involve investigating patterns of criminal behavior and that the use of race as a reason to stop someone is illegal.

NTF: Show the third scenario of the film.(Two traffic stops by different officers. Two officers stopan African-American in a red Corvette; the other pair stopa white man in a SUV.) Lead a discussion about the scenario.

Begin by having the participants describe the scene.Recognize that the scenario has two distinct but relatedscenes. Have them describe each traffic stop before askingthe following questions: With regard to the Corvette:

What did you observe that would allow you to make atraffic stop? What was the officers' reason for the stop?Does your agency allow or encourage you to make stopsfor these reasons? When you make a stop, is yourapproach dictated by circumstances other than the reasonfor the stop? What other factors do you consider? In thisstop, were the questions the officer asked appropriate tothe stated reason for the stop? Did the officers establishprobable cause to make an arrest? Do they have theauthority to search the vehicle?

Let the discussion flow. Try to draw out a variety of opinions. Now, switch to the stop of the SUV.

Why was this vehicle stopped? Do your agenciesroutinely stop vehicles for minor equipment infractions?Do you usually issue citations for these offenses or doyou refer the motorist to a service station for assistance?If the motorist showed signs of intoxication, do you havea legal stop from which you could make a DUI arrest?What did you observe that the officer missed or ignoredthat might have caused you to investigate further? Underthese circumstances, is seeing the corner of a plastic bagsticking out of a briefcase sufficient to investigatefurther? What other information would be useful inknowing whether to pursue this investigation?

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IPO: Good police work is more than reacting to someone's appearance or type of vehicle.

QQTC: What factors should you consider in making a traffic stop?

A AR: Offenses committed; time of day; level ofcriminal activity in an area; whether crimes havebeen committed in which physical descriptors of the suspect are available.

NTF: Engage the class in a discussion of theconcepts of probable cause and reasonable suspicionand how the two differ. Also discuss the concept oftotality of circumstance.

IPO: Racial profiling is not good police work. Investigatingpatterns of criminal behavior is.

Q QTC: What is racial profiling?

AAR: Making assumptions about criminal activitybased on race. An example of which is stopping luxury automobiles driven by African-Americansbecause of an assumption that an African-Americandriving such a vehicle is likely to be involved incriminal activity.

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IPO: Using race as the reason to stop someone is illegal.

QTC: Who has Constitutional Rights? Who can waive those rights?QA AR: All citizens have certain rights granted by

the U.S. Constitution. Only a citizen can waive those rights and only if they do so with “informed consent.” Another citizen may not violate those rights. The Constitution protects citizens from unreasonable government intrusion. Though a law enforcement officer may ask for a waiver of those rights, he or she may not suspend those rights. A government official violates those rights when he or she acts contrary to those rights without the citizen’s consent.

NTF: Depending on the amount of time for this lesson, you may want to discuss the issue of search and seizure as expressed by the Fourth Amendment. An exigent circumstance exception to a search warrant may apply in the scenarios in this segment of the video.

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D. Recognize that gaining community support and acceptance requires mutual trust and respect between the citizenry and the police.

NTF: Show the fourth scenario of the film. (Two Caucasian officers are leading a Latino youth to his home and past several local residents. The youth appears injured and bruised). Lead a discussion about the scenario. Begin by having the participants describe the scene. What are some of the comments made by the by-standers? What kind of relationship do you think the police have with the community in which this takes place?

IPO: Building community trust takes time. It happens when citizens learn that they can trust law enforcement to help them.

Large Group Exercise: Have the group list ways of building community trust. Make sure you consider communities in which the level of distrust is high.

IPO: Listening to citizens helps build trust. Once officer safety is established, listening will stabilize a situation.

QTC: How can listening to citizens help build trust?QA AR: Citizens want to know you are concerned about

them, their neighborhoods and homes. Being empathic to their needs shows concern for, and interest in, the community. Trust is built when the citizens believe that you share their concerns and understand what they really want.

IPO: Listening to citizens may be difficult when they are upset. Officers need to expect that citizens may be upset when talking to police. Officers may need to help calm the citizen in order to be able to hear what they have to say.

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NTF: Discuss ways to calm citizens. Discuss active listening and other skills that promote listening.

IPO: Recognize that law enforcement officers also can be profiled, even when they are trying to help someone. That does not feel good.

IPO: Gaining community support and acceptance overrides a lack of trust.

QQTC: What community policing activities are youaware of that have been successful in building trustbetween the police and the community?

A AR: Bike patrols, neighborhood sub-stations, citizen academies, school resource officers,non-emergency help lines, senior citizen councils,education and outreach programs, problemsolving initiatives, etc.

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E. Creating positive community partnerships are effective uses of police authority.

NTF: Begin by showing the fifth scenario of the film. (Twoyoungsters are playing when they are approached by a policeofficer in a cruiser. The white youth runs to talk to the officer. The African-American youth holds back and recallsan earlier traffic stop. He then states that he wants nothing todo with the police.) Lead a discussion about the scenario.

Begin by having the participants describe the scene. Ask theparticipants if the officer in the “memory scene”portrayed the typical practice in their agencies.

Was this a high risk stop? What information would you liketo have to justify the manner in which the contact wasmade? Did the motorist seem threatening to the officer?Even if everything was done properly, can you see how theyoung boy might develop a negative image of law enforce-ment?

IPO: Childhood experiences associated with fear have longlasting impact.

QTC: What experiences do you remember from your childhood in which you had contact with the police? Why do you remember it? Did it leave you with aQnegative or positive image of the police?

A AR: Students will likely remember their first speeding ticket or party that they were at when the police arrived. Some will remember being with a relative when they were stopped for a traffic offense. Some of their images will be drawn from the reaction of others at the time.

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IPO: Fear and humiliation contribute to distrust.

IPO: Treating citizens fairly and with dignity and respect can reduce conflict.

IPO: Treating people right also makes your job, and that of your fellow officers, easier and safer.

Small Group Exercise: Have groups discuss incidents that they have responded to in which an officer did not treat people with dignity and respect. Have them report back to the larger group on whether an officer safety problem was created. How was the safety problem han-dled? Was there any follow-up action taken or training given to eliminate that confrontational style of citizen contact?

IPO: Being disrespectful to others is a poor use of police authority.

IPO: Reducing crime, enhancing public safety and creating positive community partnerships are effective uses of police authority.

QTC: What is “police authority”? What does it meanto different groups of people within the community?QA AR: Police authority is the authority given to the

police by the citizens to help enforce laws and control dangerous behavior of some citizens. The authority of the police comes from the people they serve. That authority is clearly limited by the constitution and various laws, practices and policies, and should be clearly understood by officers and citizens alike. When citizens view the police as an “occupying force” in their communities, that authority is viewed as being used by the police against the people instead of for the good of the people.

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QTC: How can the police overcome these negative views?QA AR: By becoming more active in the

communities they serve. By forming partnerships with citizens and groups of citizens to work towards solutions to common problems.

NTF: Problem Solving Group on Law Enforcement Stopsand Searches, Dec. 1998, attendees emphasized: Professionalism, Policy, Training, and Legal Aspects.

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RESOURCES:

Healing Into Action: A Leadership Guide for Creating Diverse Communities, Cherie R. Brown & George J. Mazza, National Coalition Building Institute (NCBI), Washington, D.C.

Problem Solving Group on Law Enforcement Stops andSearches, Report on the Proceedings, January 1999,Prepared for the Office of Community Oriented PolicingServices, U.S. Department of Justice, Prepared by theInstitute for Law and Justice, Alexandria, VA.

United States of America, Plaintiff, vs. State of NewJersey, and Division of State Police of the New JerseyDepartment of Law and Public Safety, Defendants.Consent Decree, Civil No. 99-5970 (MLC).

Campus Police and their Proactive Role in CreatingDiverse Communities on College Campuses by Cherie R.Brown to the International Association of Campus LawEnforcement Administrators, Toronto, Ontario, June 30, 1998.

IACP Highway Safety Committee Statement of Guiding Principles of Proactive Traffic Enforcement.

Arrest the Racism: Racial Profiling in America, American Civil Liberties Union Freedom Network, February, 2000

Vehicle Stop Demographic Study, San Jose, California Police Department, December 17, 1999.

Racial and Ethnic Profiling, Memorandum, U.S. Department of Justice, United States Attorney, Northern District of Georgia, May 14, 1999, Richard H. Deane, Jr., United States Attorney.

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MEMORANDUM OF AGREEMENT, Between the United States Department of Justice, Montgomery County, Maryland, the Montgomery County Department of Police, and the Fraternal Order of Police, Montgomery County Lodge 35, Inc. January 14, 2000.

Traffic Stop Data Collection: The San Diego Police Department's Response, David Bejarano, Chief of Police, October 15, 1999.

A Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned, Deborah Ramirez, Jack McDevitt, & Amy Farrell, Northeastern University, November 2000.

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FOR MORE INFORMATION

U.S. Department of JusticeOffice of Community Oriented Policing Services

1100 Vermont Avenue, NW Washington D.C. 20530

To obtain details on the COPS program, call the U.S. Department of Justice Response Center at 1.800.421.6770

Updated October 19, 2001 e0601146

www.cops.usdoj.gov

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