Full Semester: CJC 101
Full Semester: CJC 101 CJC 101
Popular in The Criminal Justice System
Popular in Criminal Justice and Criminology
This 47 page Bundle was uploaded by Meg Mikulski on Tuesday September 27, 2016. The Bundle belongs to CJC 101 at Loyola University Chicago taught by Dr. Mike Vechicco in Fall 2016. Since its upload, it has received 4 views. For similar materials see The Criminal Justice System in Criminal Justice and Criminology at Loyola University Chicago.
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Date Created: 09/27/16
1 Chapter 1 Durkheim’s Community of Saints Paradox o In a community there is deviance and crime (all Catholics) Mala in se – inherently wrong (murder & theft) Mala Prohibita – wrong because we deem it so (drugs) Crime as a … legal construct o An intentional violation of criminal law o Codified criminal law Problems: jurisdictional variance (age of consent) Crime as a … social construct o “crime” is relative to its contex Apostasy: the renunciation of religious faith o Consensus model Crime is an act which violates shared norms & values of a society & is deemed to be harmful to society Assumptions: Societal agreement on norms & values (social contract) Similar norms across a diverse group Law serves all equally Crime as a … political construct o Conflict model Crime is an act which violates the norms & value of the dominate groups of a society Assumes that different segments of society… Have different norms & values Are in a constant struggle for power/control Ex: 1 to 100 sentencing of powder vs. crack cocaine (1980) Types of crime: o Violent crime – murder, rape, assault, robbery (gun involved) o Property crime – larceny (theft), burglary Criminal Justice system o Purpose: maintain and provide justice o Goals: Protect society Provide punishment for offenders 2 Rehabilitate offenders Support and restore victims Federalism and the structure of the American CJS o Governmental powers shared by national and state governments o Federal: large scale problems Military, US mint, interstate commerce o State: smaller scale problems o Law enforcement – apprehend those accused of crimes Local, state, federal o Courts – determine guilt and impose sanctions Courtroom work group: judges, prosecutors, defense attorney Corrections: administers sanctions o Corrections Probation (4 million people – 60%) – most common sentence Incarceration Community – based corrections (halfway house) Jail – minor crimes (sentence less than a year) Prison – more serious crime (sentence more than a year) Parole Postrelease sanctions/requirements Criminal justice process o The CJS process is a series of procedures that get a defendant from point to point Point A: arrest Point B: criminal trial Point C: punishment o Packer’s assemblyline justice (1968) Delicate balance between routinized operations and discretion exercised by actors Crime control model – crime control at all costs o Goal: public safety o Function: punish & repress (or deter) crime o Requirements: high rate of apprehension & conviction o Policies: more CJS involvement in our lives; harsh penalties Due process model – procedural justice/fairness at all costs o Goal: justice o Function: protect the rights of the accused o Requirements: constrains CJ agencies & controls levels of discretion o Policies: transparent CJS – limit state (PD) power & discretion 3 Chapter 2 Theory and crime – correlation is not causation (ice cream sold vs. murders) Criminological theory o Free will vs. social determinism Nature vs. nurture debate Theory: Free Will o Free will Individuals have agency (ability to choose) Rationally weigh the pros/cons or costs/benefits of crime o Beccaria “On Crime and Punishment” (1764) Criminals are rational Deterrence: for punishment to deter future behavior 3 components: swift, certain, & severe o Strongest: swift & certain o Weakest: severe Theory: Positivism/Determinism o Positivism – biological, psychological, and other social forces cause crime Beyond the control of the person – social determinism o Lombroso – the “father of criminology” (1835 – 1909) Criminal types and physical characteristics – genetically passed down The Chicago School o Early 1990s – University of Chicago – responsible for the modern birth of criminology o Improve neighborhood conditions Social Disorganization Theory o Shaw & McKay, 1942 Delinquency consistently in certain “zones” Zone characteristics Residential instability Low SES Immigrant populations Breakdown of social control institutions (family, school, church, work) o Anderson, 1999 Lack of role models in said “zones” or neighborhoods “decent” & “street” families 4 The currency of “juice” or “respect” Strain Theories o Crime is a result of a socials structure that: Stresses achievement goals but doesn’t provided enough legitimate means o Mismatch of expectations and means produces … Anomie – a state of normlessness or “anomic state” o Durkheim – the father of sociology (1897) Anomie weakens & decreases social controls on deviance o Merton’s theory on deviance (1938) Expanded anomie to a macrolevel theory of crime Cultural goals Institutionalized (legitimate) means Strain – insufficient & unequal means to reach cultural goals Adaptations used to: o Alleviate strain o Reach cultural goals 5 models of adaptation Nonproblematic types of people (conformity & ritualism) Strain may increase crime when… o Cultural goals are accepted Innovation – illicit means replace (insufficient) legit means o Messner & Rosenfield Institutional Anomie Theory (1994) Crossnational theory of crime Social structural & cultural factors effect national crime trends o Cultural goals & means are rejected Retreatism: retreats & abandons society Rebellion: creates new (deviant) goals & means o Agnew General Strain (1992) Adapted anomie into a microlevel theory of crime Strains produced by: Inability to reach positively valued goals o Insufficient legit means to reach cultural goals (Merton, 1938) 5 Removal of positively valued stimuli Intro of negatively valued stimuli Strain leads to feelings of frustration and/or anger Crime may be used as a coping mechanism Increase criminal risk affected by: Strain factors – magnitude, recency, duration, clustering Individual and social factors o Temperament, intelligence & interpersonal skills o Conventional social support vs. antisocial social influences Labeling Theory o Individual selfidentity & behavior is shaped by others o Deviant (& criminal) behavior Primary deviance Everyone commits some deviant behavior Most terminate the behaviors Secondary deviance occurs if a person… Is labeled deviant (or criminal) by society & CJS Internalizes the deviant label Engages in the same (and/or) new deviant behavior Labeling & stigma increases crime risk Selffulfilling prophecy of JJS & CJS Learning Theory o Differential Association Theory – Sutherland (1939) All behavior – conventional and deviant “definitions” – is learned Learning occurs within intimate group setting (family) Learning deviant behavior includes: How to commit the act(s) Motives, rationalizations, & attitudes about the act(s) Crime occurs when: Definitions favorable to breaking law/definitions unfavorable to breaking law o Social Learning Theory – Akers (1966) 4 concepts – Differential Association Theory Imitation – observe and mimic behavior Definitions – un/favorable of conventional & deviant behavior Differential Association – learning occurs in the intimate, peer group setting Differential reinforcement – incorporated operant conditioning in learning process o Behavior of positive & negative reinforcement Control Theories 6 o People are naturally deviant but social factors (social institutions & norms) impede impulse o Social Control Theory – Hirschi (1969) Crime occurs when social bonds are weak or broken Does not cause crime, but allows for possibility 4 elements: Attachment – how much you care about how others see you Commitment – investment & sake in conformity Involvement – engrossment in conventional activities Belief – level of socialization & commitment to conventionality o Lifecourse criminology Selfcontrol Theory – Gottfredson & Hirschi (1990) Decrease selfcontrol causes crime o Increase impulsivity, riskseeking, anger & selfcentered Agegraded Theory of Informal Social Control – Sampson & Laub (1993; 2003) Criminality is adaptive Crime involvement changes over the lifecourse o As social controls changes (marriage, parenthood, employment) Chapter 3 Felony – most serious o Range of punishment: more than a year incarceration death Misdemeanor – less serious o Range of punishment: fine/community service less than a year incarceration Uniform Crime Report (UCR) o FBI Annually from 1930 – today Offenses known to the police and reported to the FBI ~18,200 police agencies – 98% o How crime is reported: crime/US pop * 100,000 = crime rate o Part I – murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson o Part II – 20 less serious offenses o Hierarchy rule: only highest (most serious) crime is reported National IncidentBased Reporting System (NIBRS) o Collects tons of data ~60 offenses 7 No hierarchy rule Offense, victim, and offender information o Major limitation ~6,000 agencies reporting (18,200 for UCR) Only 30 % US population included (~98% for UCR) o “The dark figure of crime” – ask people directly National Crime Victimization Survey (NCVS) o Nationally representative sample of households o Victimization per 1000 population o 2012: 92,000 households; 163,000 people age 12+ o Who are the victims? (2012) Men, nonwhite (except Asian), age 1224, never married (2x), separated (4.5x), divorced (1.7x), urban The victimoffender overlap o Routine Activities Theory – Cohen & Felson (1979) crime occurs at the convergence of: motivated offender suitable target/victim absence of ample guardianship Crime trends in America o “The great American crime decline” – 1994 to today Down about 30% o Zimring (2008) – the usual suspects Youth populations – changes in US demographics Economy Imprisonment o Other factors Police tactics Zerotolerance & order maintenance policing o Some, small local effect Hot spots & problemoriented policing (POP) o Greater, broader national effect Chapter 4 Code of Hammurabi (17921750 BC) o Emperor of Babylon o Sets crimes and punishments 8 o Lex Talionis – “an eye for an eye” Mosaic Code (1200 BC) o Covenant between God & Israelites Code of Justinian (500 AD) o Roman Empire o Collection of law and legal interpretation English Common Law (11541189 AD) o King Henry II o Established a national or “common law” Not attributed to the legislature Body of law developed through “customs” & legal decisions o Legal principles Rule of Law: all are equal in the eyes of the law Precedent: a court decision used to guide future decision Constitutional Law o US Constitution o State Constitutions Statutory Law o “statues” – laws and ordinances passed by the legislature (state or federal) o Model Penal Code (1962) Developed by the American Law Institute Defined the general principles of crimal responsibility Not a law, but most states adopted large parts of the code o Legal supremacy – The Supremacy Clause Federal law supersedes state law o Ballot Initiatives Form of direct democracy to rewrite criminal statues (recreational marijuana) Administrative Law o Regulations implemented by agencies (FDA & EPA regulations) Case Law o Judicial decisions o Stare decisis – “let the decision stand” Judges obligated to follow established jurisdictional precedent o SCOTUS Binding to all courts (federal, state, local) – per the supremacy clause Can sidestep stare decisis – a new ruling/decision Purpose of Criminal Law o Legal function of law: to protect & punish Maintain social order by protecting: 9 Individual citizens & their property from harm (Right to Bear Arms) Collective society & public property from harm (Patriot Act) o Social function of law: to maintain & teach Express public morality Teach societal expectations & boundaries Code of CJS process 1) socially and 2) legally reinforces the idea and acceptance of “crime” and punishment Corpus delecti – body of circumstances necessary for “crime” o Concurrence – the guilty act and intent must cooccur Actus reus – a guilty or criminal act o “crime” can include: Acts of commission Acts of omission Planned or attempted acts of either Mens Rea – a wrongful mental state o Intent is required to establish guilt of an act Purposefully & knowingly committing an act Degree of negligence (passive) or recklessness (active) o Central to the varying degrees of criminal responsibility With willful malice: 1 degree – deliberate or premeditated act 2 degree – act without premeditation Without malice: Voluntary manslaughter – act with intent Involuntary manslaughter – careless or reckless act o Central to the varying degrees of criminal liability Strict liability Intent is not necessary for guilt Aim of public and child protection (statutory rape) Accomplice liability Attendant or accompanying circumstances o Proven beyond a reasonable doubt o Facts surrounding the act which differentiate seriousness of crime Simple assault or aggravated assault Interpersonal crime or hate/bias crime Alibi Defense – “It couldn’t have been me, I was somewhere else” Excuse Defense – “It was me, but…” o Defendant is not responsible for the act Infancy – too young to understand consequences of act 10 Minimum age ranges from 610, but mostly unlimited Insanity – consequence of mental disease or defect and: Cannot see the consequences of the action Cannot understand the action was wrong or criminal Cannot sufficiently able to control individual conduct Only used less than 1% of the time Intoxication Voluntary – culpable, but with mitigating circumstances Involuntary – a consequence of forces beyond individual control o Mental illness and/or psychopharmacological interactions Mistake of law Rarely successfully used – “ignorance is not innocence” Law not public knowledge; misinformed by state official Mistake of fact A crime requires the defendant “know” of the crime o Defendant responsible, but act was justified Entrapment PD persuade innocent person to offend Duress Wrongful threat of one person induces another to act under duress Requirements: o Threat of serious bodily harm which is immediate and inescapable o Victim involved in situation through no fault of their own Selfdefense Can include defense of o Another person o Personal property o Prevention of crime (felony) Reasonable belief of imminent and inescapable death or bodily harm – unlawful force only Victim cannot have initiated or provoked the attack The historic burden of proof was a duty to relate o Person must take responsible steps to avoid the act – include “running away” Castle doctrine o Offender entering property with felony intent o Reasonable fear of safety Stand your ground o Reasonable fear Chapter 5 – Law Enforcement The Police o Function: solve any problem that may (or not) require the use of force o Responsibilities (Egon Bittner) Enforcing laws Seek out and apprehend law – violators About 50% officers day – mostly disorder crimes Providing services – “to serve and protect” Order maintenance and service provision o Traffic, emergency medical, and dispute management o Frontline of mental illness & substance use/abuse Preventing crime Assessing police performance Moderate effect of deterrence and policing Appropriate for PD to evaluate themselves? Preserving the peace Discretion – enhanced peacekeeping role Use powers for arrest/force in situations where a crime might occur in the future History of Policing o Founding Era (early 1800s) London Metropolitan PD (1829) First organized, modernized force – founded by Sir Robert “Bobbie” Peel Boston PD (1838) First organized PD with 6 fulltime officers New York PD (1845) Had 51 fulltime officers o Political Era (18401930) Rampant corruption Patronage or spoils system political influence Police roles Law enforcement Social service provision o Reform Era (19301960) Wickersham Commission Report (1929) 11man committee – causes of crime & public policy Why reform the PD o Increase brutality (esp. interrogation) (1920 Report) o Increase corrupting influence of politics on PD (1931 Report) How to reform PD o Centralized PD administration o Increase personnel standards o Increase technology use (1930: cars & pin boards) Wickersham Reports (1929 & 1931) start the “Police Professionalization Movement” Police Professionalization Movement August Vollmer – “father of modern law enforcement” To decrease political influence, increase PD oversight o Restructured PD organization Hierarchy of power: chief, midlevel supervisor, officer o Increase technology use Increase reliance on parole cars & pin maps o Measures of PD performance Major problems of movement Seeking “professionalism” (increase to protect), neglect to serve the public o Increase measures of PD performance o PD view community building & order maintenance as “social work” o Increase public view of PD as “occupying outside force” 1960 & 70s: PD contribute to national turmoil & become face of systematic injustice o Community Era (19682000) Omnibus Crime Control and Safe Streets Act (1968) Increase federal funding for police community programs & policies Rethinking the role of PD o Shift away from “crime solving” o Policecommunity partnerships to prevent & control crime Violent Crime Control and Law Enforcement Act (1994) Largest crime bill in US history o Federal Assault Weapons Ban (expired 2004) o Violence Against Women Act (reauth. 2000, 2005, 2013) 100,000 (new) PD officiers Increase communityoriented policing o Established the COPS office (office of Community Oriented Police Services) Impact (19942001) o COPS Grant (~$9 billion) Government evaluation 88,000 (new) officers Modest contribution to decrease crime Academic evaluations Modest to no effect on crime o Conclusion: COPS policy & funding, weak effect on crime o Intelligence Era (2001 – present) Problem Oriented Policing (POP) & SARA Model ID problems, craft PD responses, implement, and evaluate Intelligence Led Policing Data driven PD practices Use past crime to predict future crime (“hot spots”) Effectiveness o Problem and place based PD effective in decreasing crime Counterterrorism policing o Increase federal funding for intelligence units o Awareness now part of daily PD operations Law Enforcement Then and Now o Historically: almost exclusively white men o Antidiscrimination and Affirmative Action 40 years of increase diversity Race/Ethnicity o 1968: 5% black o 1987: 14.6% minority (1 in 6) o 2007: 25% minority (1 in 4) 2013: 63% whites in US pop. Gender o 1968: 1 female patrol officer (Indianapolis) o 1987: 7.6% female (1 in 13) o 2007: ~12% female (1 in 8) o ~18,000 local, state & federal agencies – 880,000 officers National average: 1 officer per 350 people Shared jurisdictional coverage o Local Level Municipal policing 2/3 of sworn officers in small/medium PDs Sheriff & County Law Enforcement Except for Alaska, a sheriff is used in >3,00 US countries Sheriff is elected in 47 states (except Rode Island and Hawaii) Responsibilities o Maintain county jail & courthouse o Carry out civil/criminal processes & orders Eviction notices, court summonses, collecting taxes/fines o State Level State PD & Highway Patrol Common responsibilities: assist local PD, multijurisdictional crime, and police rural/tribal areas o Federal Level Tasked by Congress to: Enforce specific laws Police specific situations rd Size – all federal PD agencies combined = 1/3 of NYPD US Department of Homeland Security 22 Federal agencies US Customs & Border Protection o Police movement of people/goods across border o Goals: Stop illicit entry Facilitated flow of legal entry o Immigration & Customs Enforcement Investigate & enforce immigration & customs law Work with local/state PD to deport individuals o US Secret Service Combat currency counterfeiting Protect domestic persons of interest US Department of Justice Attorney General Eric Holder (2009 – present) Responsible for law and administration of justice in US o Oversees FBI, DEA, AIF… US Marshals Service o Oldest federal law enforcement agency (1789 – George Washington) Work with US District Courts o Courtroom security o Manage federally sized property o Federal witness protection service o Transportation of federal prisoners Chapter 6 – Challenges to Policing Role of Discretion o Discretion: the authority to decide what should be done o Why give police discretion Profession “trustworthy” & “honest” Dangerous and volatile situations Training and experience Knowledgeable about human behavior Ability to access human/situational threats (self & others) o Elements of discretion Subjective factors The officer’s beliefs, values, personality & background Nature of the act Offender attitude Victim – offender relationship o Elements of limiting discretion Objective factors Police structure – delegation of authority Policy – guiding principles in specific situations that must be: o Flexible enough to allow discretion but… o Specific enough to give clear sense of duty/obligation ~60% of PDs have “highspeed pursuit” policies to minimize injuries Mandatory arrest laws (for domestic violence) o DV is often though of/responded to as a “family matter” o Civil/women’s rights movements advocate for police “action” on DV o Mandatory arrest: 22 & DC o Preferred arrest: 6 o Officer discretion: 22 Police Structure o Militaristic Organization structure Delegation of authority (or discretion) down to patrol officers, but responsible to immediate supervisor (chain of command) o Further organized by: Geographic area Beats Precincts/Districts Areas Chicago PD: o 3 Areas (North, Central, South) o 25 Districts o 281 Beats Time 128 am, 84pm, 4pm12am Special functions Larger PD’s only SWAT, K9, Traffic, Drugs, Gang, Terrorism, etc. Patrol Purpose and Activities o Purpose Visible PD presence to deter crime Public order maintenance and a sense of community “safety” Provision of public (noncrime) services (24hr/365days) o Activities Officerinitiated activities (15% day) Vehicle and Pedestrian stops Preventative patrol (40%) Calls for service (25%) 911 and citizen problems/complaints Administrative duties (20%) Paperwork and community activities (DARE) Strategies and “What Works” o Calls for service Incidentdriven policing driven by calls for service “response time” or speed is the “benchmark of efficiency” Improving response time 311 “nonemergency” services Differential response o Prioritized “hot”, inprogress over “cold” call for services Problems with “standard” 911 o >70% of calls from cell phones o Increase LANless home/offices Next generation 911 o Standard 911 cannot use GPS o Capable of using: GPS location SMS & MMS message o Preventative Patrol Random patrol – just driving around Kansas City Preventative Patrol Experiment o No significant effect on crime or perceptions of disorder “Evidence did not strongly support the existence of deterrent effects” Directed patrol – cops on dots Philadelphia Foot Patrol Experiment o Initial (3 months) reduction in crime (decrease 22%) o However, decaying deterrent effect – down 2% in end Possible, temporary effects on crime – not disorder o Predictive, Intelligenceled, and Hot Spot Policing Anticipate future crime, based on past patterns of crime Understanding “where, when, and why” crime occurs PD resource allocation Minneapolis Hot Spots Policing Experiment 3% of places = 50% of calls By focusing on those places: o Reductions in crime (down 613%) o And perceptions of disorder (down 50%) CompStat (NYPD) Organization management & geographic information systems/ GIS software “crime control strategy meetings” use crime maps to: o Identify problems and solutions o Hold district/precinct commanders accountable Order Maintenance Policing In theory, visible signs of disorder fosters crime (Broken Windows Theory) In practice, crack down on “quality of life” crimes (“squeegee men”, panhandling, public drinking, etc.) Public and PD popular support for “zerotolerance” “powerful circumstantial evidence” that policing changes “had a major impact on” NYC’s mid1990s crime decline (Zimring) Issues: increase netwidening, community disorder and PD fear/mistrust o Community – Oriented Policing (COP) Strategies which emphasize: Community – PD partnerships Community engagement to address crime & fear Proactive problem solving & prevention Chicago Alternative Policing Strategy (CAPS) (1994) Findings: o Decrease physical decay, gang/drug activity, and area crime rates o Increase citizen attitudes & perception of CPD Summary: modest, but promising outcomes (i.e. crime, disorder, fear, & ATP) o ProblemOriented Policing (POP) Calls for proactive (not reactive) policing Control crime Prevent crime by addressing root causes SARA Model Scanning – identify problems Analysis – analyze solutions Response – respond Assessment – assess the effectiveness of response Summary: moderately “effective” impact on outcomes nationally Police Culture and Misconduct o Police subculture o Problems with police subculture Cynicism Fosters misconduct, corruption & brutality Blue Code of Silence (Blue Curtain, Line, Shield, Wall) “Us” vs. “Them” mentality o Values peers above the public o Acceptance and/or unwillingness to report misconduct Dangers of Policing o 27 officers killed feloniously – 97% by a firearm o 49 officers killed accidentally – 14 (or 61%) not wearing seatbelt o 49,851 officers assaulted – 29% sustained injuries Chapter 7 – Police and the Constitution Authority and Threat/Use of Force o Reasonable Force – degree of force appropriate to protect officer and others o Deadly Force – force likely or intended to cause death o Use of Force Model (or Matrix) Continuum of proper force Based on citizen/arrestee non/compliance o Tennessee v. Garner (1985) Deadly force is unconstitutional when a “fleeing felon” poses no threat to the officer or the public o Threat and use of force in America Deadly force used in ~1.4% of PD – citizen contacts ~770,000 incidents/year o ~690 arrestee deaths/year – suicide by cop o 14% resulted in arrestee injury Lessthanlethal force used in 1520% of all arrests Injuryarrestee: 1764%; officer: 1020% o Pepper spray & tasers are most promising for reducing injury However, >500 taser – induced deaths since 2001 The 4 Amendment o Protects against warrantless, “unreasonable search & seizures” o Establishes the requirement of “probable cause” for a search warrant o Search warrant – written order, issued by a judge, to search Needs information demonstrating probable cause – 4 sources: Personal observation Information Evidence Association Particularity requirement – specific information on the search: Exactly who, where, and what is being searched and… Exactly what is being searched for o Seizure – forcible taking of person and/or property in response to a law violation o Four categories: Items resulting from a crime Items which are inherently illegal Items deemed “evidence” of a crime Items used to commit the crime o Exclusionary Rule – prohibits use of illegal obtained evidence in court o ‘Fruit of the Poisoned Tree’ Rule Illegally obtained evidence used to obtain other secondary evidence Secondary evidence is also illegal and prohibited from use o Strict applications could allow guilty people to go free ~3% of felony arrests are not incarcerated because of rule Also there are exceptions to the rule… o “Inevitable Discovery” Exception Nix v. Williams (1984) Illegally obtained evidence can be admissible if the PD – using lawful means – would have discovered it later o “Good Faith” Exception US v. Leon (1984) and AZ v. Evans (1995) Evidence acquired using a technically invalid warrant is admissible if the officer was unaware of the error and acted in “good faith” The Role of Privacy in Searches o Katz v. US (1967) A search is a governmental intrusion on a citizen’s “reasonable expectation of privacy” Requires individual and society to agree on “reasonability” 4 Amendment “protects people, not places” Privacy considered reasonable inside a phone booth o Shifting standards of “reasonable privacy” CA v. Greenwood (1988) Privacy forfeited when using public trash pickup Reilly v. CA (2014) No warrantless search & seizure of digital contents of cell phone during arrest US v. Jones (2012) No 24hour GPS vehicle tracking for 28 days Search and Seizure Without a Warrant o Search/seizure without a warrant lawful in specific circumstances o Searches incidental to an arrest (most common) Chimel v. CA (1969) – search within an “arms reach” US v. Robinson (1973) – search of a person If arrest is based on probable cause, search allowed because of need for the PD to: Confiscated weapons Confiscate destroyable evidence nd o Consent searches of persons (2 most common) Person voluntarily gives consent to search person and/or property Factors used to determine voluntary consent Person’s age, intelligence, and physical condition Whether coercive behavior was used by PD o FL v. Bostick (1991) – if PD are not coercive, PD not required to inform that it is “voluntary” Location and/or length of PD questioning o OH v. Robinette (1996) o Consent searches of vehicles Carroll v. US (1925) Vehicle not equal home’s “reasonable expectation of privacy” When there is probable cause that vehicle contains contraband and/or evidence of criminal activity AZ v. Grant (2009) Allowed only if: o Arrestee “close enough” to destroy evidence and/or retrieve weapon o Officer reasonably believes car contains evidence Plain View Doctrine Objects may be seized as evidence without a warrant Coolidge v. NH (1971) – 4 necessary criteria: Item in officer’s view Officer legally justified to be in the location Discovery of item is inadvertent Officer immediately recognized the item is illegal in nature Kyllo v. US (2001) Thermal imaging is unconstitutional violation of privacy Stop and Frisk Policy o Stop – an “investigatory stop” where the officer(s) briefly detain a person they reasonably believe to be suspicious o Frisk – a “protective measure” where the officer(s) pat down or “frisk” a person’s outer clothing for weapons o Terry v. OH (1968) th 4 Amendment allows if officer has reasonable suspicion that a person: Has/is currently/or is about to commit a crime Is armed and dangerous th o Hiibel v. 6 Judicial District Court of Nevada (2th4) th Stop citizen and check ID allowed by 4 and 5 Amendment o AZ v. Johnson (2009) Stop and frisk of vehicle passengers allowed for weapons Police Arrest Authority o Arrest – criminal suspect taken into custody on criminal charge(s) o With a warrant “Knock and Announce” requirement Wilson v. AK (1995) – PD must announce identity and purpose before entering a home (~5 – 25 seconds) o Exigent Circumstances Exception Certain conditions when PD does not have to announce Requires a reasonable belief that: Suspect is armed and poses a violent threat Person(s) are destroying evidence Suspect is escaping Felony in progress Increase police raids claiming exception o Miranda v. AZ (1968) Centered on evidence extracted in PD interrogation/questioning PD authority creates an atmosphere that is “inherently coercive” Knowledge/understanding of constitutional rights (5 and 6 Amendment) Every suspect needs protection from PD coercion Physical and psychological Established procedural requirement of reading rights to those in PD custody If invoked, questioning must immediately stop The Courts and Justice – Chapter 8 4 Functions of the Courts o Due Process Protect individual’s rights Assure fair chance against government o Crime Control Stress punishment and retribution Protect the public through crime repression o Rehabilitation Medical model of justice Court (doctors) dispense treatment to criminals (patients) o Bureaucratic Daytoday functioning of the court Speed and efficiency of case flow American Judicial System o Jurisdiction Legal authority of a court to hear/decide a case Geographic jurisdiction Sovereign national boundaries US states, counties, cities/townships, & university campus Concurrent jurisdiction – overlapping (2+) State level – violations of state criminal law o Cooperation and handshake agreements Within states Across states o Duel Court System [50 + DC & federal system] o Trial Courts Courts of “original jurisdiction” Concerned with “questions of fact” “Guilt” beyond a reasonable doubt Prosecutor cannot appeal ‘not guilty’ verdict o Appellate Courts Court of “review” Concerned with “questions of law” Procedural error Review policy/precedent Issue “opinions” – basis of establishing legal precedent State Court System o Lower Courts [limited jurisdiction] Judge (no jury) Minor crimes (e.g. traffic & public order) Specialty or “problemsolving” courts o Narrowing defined jurisdiction for “specialized” areas Drug courts [~2,000 courts (~450 for youth)] Mental health courts [447 courts] Veterans courts [136 courts] (est. 2008 in Buffalo) Juvenile courts (est. 1899 in Chicago) o All states, federal government o Trial Courts [general jurisdiction] Judge and Jury Minor – felony crimes o Appellate Courts “Intermediate courts” exists in 40 states Courts of “review”, concerned with “questions of law” Issue “opinions” – the basis of establishing legal precedent o High Court Final arbitrator of state’s legal precedent Illinois’ Court System o Trial Courts 2013: 3.17 million new cases 24 circuit courts 123 circuits (24 judges each) Cock County circuit (94 circuit judges) – 65% population Specialty or “problem solving” courts (94 courts) o 5 District Appellate Courts (42 appellate judges) 2013: 8,134 new cases o Supreme Court (7 justices) 2013: 2,671 new cases All capital cases appealed directly Selection of Judges o State Courts Executive or Legislative Appointment (5 states) Nominated, then legislatively confirmed Elections (20 states) Partisan (IL) (6 states) Nonpartisan (14 states) Merit Selection – “The Missouri Plan” (25 states) Nominating commission: screen applicants Executive appointment: shortlist Retention election by voters (19 states) o Typically after 1 year Diversity on the State Bench o Demographics of state appellate & high courts judges ~66% white men All others are underrepresented o Diversity across “selection” processes Merit Selection (MO plan) – increase diversity produced Of judges merit selected, 34% female & 32% minorities Executive Appointment Of judges appointed, 26% female & 29% minorities Elections Partisan – 25% female and/or minorities Nonpartisan – decrease diversity produced o 9% female & 6% minorities Federal Judicial System o Federal Jurisdiction 1960 – 1990s, congress expanded jurisdiction Anything that “affects” interstate commerce General jurisdiction over federal law >4,000 statutorily – defined federal crimes 5 Areas of Appropriate Jurisdiction of Federal Judiciary (Rehnquist) Offenses against the federal government or its interests Criminal activity with substantial multistate or international aspects Criminal activity involving complex commercial or institutional enterprises most effectively prosecuted using federal resources Serious, highrisk or widespread state or local government corruption Criminal cases raising highly sensitive local issues o US District Courts [Original Jurisdiction] Criminal & civil trial proceedings 94 Districts o US Court of Appeals Appellate Jurisdiction 13 Circuits st th 1 – 12 geographically defined o 1 – 11 circuits – 11 regions Opinions established legal precedent for entire circuit o 12 circuit – DC Handles National policy & law Administrative policy Opinions established legal precedent for national policy and law 2 most powerful court Supreme Court of the United States (SCOTUS) o Original jurisdiction is rare Disputes between states Pressing national matter o Appellate jurisdiction Diversity of citizenship (i.e. US states, government, foreign states) Substantive federal question raised Claim or issue arising under the US Constitution, law, or treaties Including statutory provisions applied to certain situations US Government is party to the case Federal Court System o Appointment Process o Political Gridlock (2008 – 2012) 81% of federal judges confirmed Down past 3 presidents Average time from nomination to confirmation: 215 days Up past 5 presidents Pretrial Procedures – Chapter 9 Courtroom Workgroup o Courtroom workgroup Judge – dictates town of the court and workgroup Prosecutor Defense attorney o Through constant interaction, the workgroup establishes patterns of behavior and norms. Fosters cooperation – the key to bureaucratic functioning of the court (increase case flow efficiency) o Packer’s Assemblyline Justice (1968) Striving for the goal of bureaucratic efficiency Workgroup often loses sight of goal of “justice” Prosecutor o Elected (e.g. a 4 year term) Responsible to voters, community pressure & political party o Pretrial Period (increase discretion) Whether arrestee is charged Level of charges brought against arrestee If/when to stop prosecution o Police and Prosecutor: a symbiotic relationship both… Represent “the state” Rely on each other to “fight crime” Police – gather evidence and arrest the “guilty” Prosecutors – convict the “guilty” However, both differ in terms of “guilt” Police – concerned with factual guilt Prosecutors – legal guilt (enough evidence to convict) Defense Attorney th o 6 Amendment – right to counsel extends to entirety of case Pretrial, trial, sentencing, and appeals Pretrial – custodial interrogation, lineups, arraignment, plea bargains, and pretrial motions o Defending “the guilty” Oblig
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