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Material from Test 1

by: Lindsey Spitzer

Material from Test 1 CRJU 311 003

Lindsey Spitzer
GPA 3.4

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About this Document

Here are all the notes for anything that was on exam 1, unless the professor posted it on Blackboard.
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This 11 page Bundle was uploaded by Lindsey Spitzer on Sunday September 20, 2015. The Bundle belongs to CRJU 311 003 at University of South Carolina taught by chrusciel in Summer 2015. Since its upload, it has received 39 views. For similar materials see Policing in Criminology and Criminal Justice at University of South Carolina.

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Date Created: 09/20/15
CRJU 311 Material for Test 1 Lindsey Spitzer August 25th 2015 Policing vs quotLaw Enforcement 0 Law enforcement is one function of the police 0 Order maintence law enforcement and service 0 The police are one piece of law enforcement 0 Le law enforcement operates through the police 0 Three parts of the criminal justice system 0 Courts corrections and law enforcement External influences on US Policing o Federalism what is it and why would it matter for policing 0 Dividing of power between federal state cities counties etc o Handles how they operate 0 Substantive and Procedural law 0 Substantive laws are general laws that govern how people act everyday behavior they apply to everyone 0 Procedural law governs how the substantive laws are enforced Place constraints on how the police can act can expand what the police can do enforce civil liberties etc o Hotbutton issues things such as immigration that cause the police to act in certain ways or shift their attention 0 Public perception of policethe media 0 How are the media and public perception related I The public will believe everything the media is saying because that is how we get our information however often times the media is politically motivated o How are both of these related to hotbutton issues I The media only cares about the hotbutton issues 0 Community Policing Police should form relationships with the people in their community and be involved in their community 0 Homeland Security we change things based on our security 0 Technology It changes what we enforce and how we enforce it o For example texting while driving and cybercrime o Societal Changes When crime rates rise law enforcement increases 0 For example 911 Sandy Hook Civil Rights Movement Internal Influences on US Policing o Uncertainty and risk related to police work because of the dangers of their job they have to make changes in their behavior 0 Discretion the idea that the cops make the call pull over two people for the same thing and only give one person a ticket Onthejob Stress o Nontraditional work hours 0 High levels of violence 0 quotdirty work Use of Authority they could get power hungry or act like they have more authority than they do or get cockyover confident with their duties Organizational issues the police are an institution Federalism what is it and why would it matter for policing State and federal levels of government Separations of powers and states rights Fragmentation and decentralization o Jurisdictional conflicts o Across and within agencies 0 Discretion Why decentralize law enforcement It should not be quotone size fits all every state has its own history that created laws specific to them The Evolution of Policing Remember the decentralized nature of US policing means that the evolution occurred differently in different parts of the country Names and types of police work have changed but purposes have remained relatively constant Early English efforts 0 Informal social control came first 0 Kin policing 0 Prior to 1829 military intervention was the only type of formal policing Tithings and tithing men hundreds In charge of maintaining order in the community 0 Shire and shirereeves quotkeeper of the shire When the groups of these hundreds came together they became shires Shirereeves were in charge of the shires like a sheriff Frankpledge System the people in the community would let everyone else know if something hashappened 0 Exercise of informal social control ex Hue and cry Watch system watch for fires weather crime etc and then notify everyone of what is happening Informal vs Formal Social Control Control theories of crime individuals are inherently bad thus they must be controlled from crime In general virtually everyone is socialized to a dominant normative system People naturally break the law so don t ask why ask why not controls not motivation 0 Social controls can be informal expectations of those we care about being accepted or formal the police The Shift to Formal Control 0 Bow Street Runners quotthief takers Group hired by London magistrate Sir Henry Fielding to proactively seek law violators in the Bow Street Region of London 0 Patrolled the city on foot and surrounding areas on horseback Also performed investigations first known detective unit Fielding recognized certain individuals were repeat offenders Recognized as a precursor to the first formal police department This was actually successful crime actually started to go down 0000 1829 London Metropolitan Police Act Established the Metropolitan Police of London to replace disorganized and informal system Inspired by the success of the Bow Street Runners Introduced by Sir Robert Peal officers were called Bobbies Would generally be considered community oriented LE which means Emphasized police professionalism strong policecommunity relations crime prevention prevent not respond Wore uniforms patrolled regular beats and were paramilitary in their organization and discipline Early US Policing 0 Development similar to that which occurred in England 0 Informal social control in small homogeneous societies but challenges associated with growth and diversity demanded formal law enforcement 0 Used the watch system and the hue and cry until small towns grew too large 0 Formal policing first in eastern coastal cities Slave Patrols 0 Some recognize as the first formal police departments in the US 0 First established in South Carolina in 1704 and then spread throughout the colonies because it was successful 0 Formed after incentives such as tobacco and money for increased vigilance failed 0 Initially created to dismantle slave meetings but rapidly expanded to something much larger 0 They then had shifts and expanded their duties 0 Sometimes drawn from militia and army as in SC others from government legislation Three maybe four Eras of Formal US Policing 0 Political Era 18401930 World War happening during this time 0 Police had close working relationships with the community they served 0 But overall police practices largely influenced by political interests 0 Spoils system aka patronage system o If you were put in a law enforcement agency you were put in there by a politician o Policing heavily impacted by societal events prohibition I Pay police to look the other way I Organized crime and police corruption I Negative image of police exacerbated by the unpopularity of laws 0 August Vollmer quotfather of American Policing I First Chief of Berkeley CA I Played key role in reform during the Political Era 0 Police management improved recruitment and retention practices promoted prevented really supported educating the police officers August 27th 2015 o Reform Era 19301980 Civil Rights and Vietnam 0 Ushered in by Vollmer s attempts to professionalize police work and promote officer education 0 Characterized by I Poor policecommunity relations I Increased police reliance on technology automobiles efficient but distanced them from the community handheld radios TVs etc I Departments overly concerned about crime control up in crime control down in community relations I Abusive police practices violate rights to apprehend offender 0 Civil unrest in the reform era economic political and social inequality spawned protests I Protests usually confronted by white officers o Rioting in the reform era 0 Riots 19641968 were aggravated by I Poor policecommunity relations I Lack of training in responding to collective behaviors I Racial tensions among citizens and also specifically between police and African American community 0 Costs of Riots lives monetary and damage to policecommunity relations I Tvs up police transparency 0 President s Crime Commission I 1965 I To study the American criminal justice system I Assigned to fight crime and repair the criminal justice system 0 Kerner Commission National Advisory Commission on Civil Disorders I Examined the causes behind rioting o Identified institutional racism discrimination and unemployment as primary causes 0 Other contributing factors such as lack of AfricanAmerican officers police misbehavior and misconduct lack of effective training and supervision and poor policecommunity relations 0 Landmark Supreme Court Decisions Justice Earl Warren 19531969 Mapp v Ohio 1961 o Exclusionary rule apply in all courts within the US 0 How does this impact policing Keeps officers in mind Gideon v Wainwright 1963 o All defendants are entitled to legal representation Miranda v Arizona 1966 o Suspects must be informed of their rights prior to a custodial interrogation if not it is inadmissible Berghuis v Thompkins 2010 o If a suspect knows their right to remain silent but chooses to talk anyway then any voluntary statements subsequently said to police can be used against them in court technically not reform era Terry v Ohio 1968 0 Officer can stop and frisk without probable cause to arrest so long as they have reasonable suspicion that the suspect has committed is committing or is about to commit a crime and that the person quotmay be armed and presently dangerous 0 Stop and frisk quotterry frisk o Reasonable suspicion must be based on quotspecific and articulable facts 0 Exclusionary rule does not apply search and seizure not intended to gather evidence 0 Community Era 1980present Philosophical shift in response to the Reform Era O O O I quotprofessiona policing community policing Characterized by proactive efforts to reestablish positive relations with the public and decentralization Check handout for community policing definition Four Dimensions of Community Policing Philosophical underpinnings of CP Citizen input broad functions of police work and personalized service Strategic reorient police operations and redefine broader goals 0 Up personal interactions smaller patrol areas and crime prevention Tactical implementing the strategy in the short term 0 Requires positive policecommunity interactions effective use of partnerships by police and society and problem solving Organizational structuring each department 0 Adjusting organization design and managerial style 0 Focus on gathering and sharing info with the public Fusion of strategicoriented neighborhoodoriented and problemoriented policing Four steps of problemoriented policing Identify potential concerns by scanning an area Analyze the extent and aspects of the problem Implement a response I Assess the effectiveness of the response 0 Involves aspects of both the Political and Reforms eras o Continues to grow in popularity but not all police departments are community oriented and not all problems have gone away The Homeland Security Era Modern Day Policing Oliver 2006 How things have changed since 911 0 Since 911 departments face an increasing number of unanticipated challenges I Increasing watch and preparedness for terrorist threats I Increasing economic strains 0 Need for training in homeland security I Should include threat assessments using technology and info management identifying individuals who may be engaging in terrorist activities 0 Decrease in personnel as many of those who were reserve military were sent overseas o 5 Core Missions of Department of Homeland Security I Prevent terrorism and enhance security I Secure and manage our borders I Enforce and administer immigration laws I Safeguard and secure cyberspace I Ensure resilience to disasters I Mature and strengthen the homeland security 0 Hiring and training private vendors run forprofit training seminars Problem is that it is a very broad program 0 Reallocate resources and capabilities for gathering intel o Diverted efforts and funding from community policing I Can community oriented policing be integrated with homeland security It can and should be But there is no definitive answer Community policing requires a decentralized approach to policing while Homeland Security needs federalstate centralization 0 Need for public support and civil liberties concerns 0 Need for cooperation I Among LE agencies as well as with other types of agencies I Fusion centers basically gather hubs of information where any agency can put their information in and take other information away from other agencies I Intelligenceled policing led by crime analysts and it is very broad I Data driven policing when you give data to the police and use that to make their decision I Evidencebased policing relatively new The idea that you take what researches academically found and published to find 0 USA Patriot Act of 2001 I Increase in surveillance I Increase in punishment I Facilitated increase in relationships and communication among levels of law enforcement September 1 2015 o How many law enforcement officers are there 0 Estimations range 1500040000 agencies 0 20000 federal state and local agencies with 680000 sworn 0 Most arms of the federal government have at least some enforcement component as do the branches of the military ATF DEA and FBI most likely to come to mind Levels of Law Enforcement Federal Agencies 0 Enforce federal laws 0 Prior to 911 agencies housed within different cabinetlevel departments ie Justice Treasury etc 0 After 911 shift in policing to homeland security I Centralized federal law enforcement 0 Homeland Security Act 2002 0 Created the Department of Homeland Security which also includes 0 The Critical Infrastructure Information Act CIIA I Exempts some information from disclosure under the Freedom of Information Act FOIA I FOIA makes previously undisclosed government information available to the public as well as the procedures to obtain them 0 The CyberSecurity Enhancement Act increase in government latitude to view electronic information of US residents 0 Increase in penalties for possession of explosives allow pilots to carry firearms limit airport screeners to US citizens and nationals 0 US Secret Service in DHS 0 Created in 1850 o Protects the president other government officials and their families 0 Original purpose was to suppress counterfeit currency 0 Investigation of organized crime and money laundering and counterfeit currency 0 Customs and Border Protection CBP in DHS 0 Established after 911 combined elements of various federal agencies that had previously been separate 0 More than 60000 employees 0 Primary goal is to fight terrorism but also to quotfacilitate legitimate trade and travel 0 Immigration and Customs Enforcement ICE in DHS o Closely connected but independent of CBP 0 Three main branches of ICE I Homeland Security Investigations I Enforcement and Removal Operations enforces immigration laws I Management and Administration 0 More than 10000 employees worldwide FBI in DO 0 Protect and defend the US against terrorist and foreign intelligence threats 0 Uphold and enforce federal criminal law 0 Provide leadership and services to federal state local and US Marshals Service in DO 0 America s oldest law enforcement agency 0 Main responsibilities are judicial security and fugitive investigation 0 Joined with customs and immigration officials to more efficiently deport criminal aliens ATF in DO 0 Taxcollection enforcement and regulatory arm of the US DO 0 Screens applications and issues licenses for firearms o Inspects dealerships to ensure compliance with federal law and recordkeeping requirements 0 Investigates explosions and cases of arson o Regulates distilleries wineries breweries and tobacco manufacturers and retailers Drug Enforcement Agency DEA in DO 0 Enforces controlled substance laws and regulations Investigate and prepare for prosecution of major violators Manage a national drug intelligence program Seizure and forfeiture of assets associated with drug trafficking Enforce laws pertaining legal controlled substances Coordination and cooperation in nonenforcement methods Liaison for international drug control programs 000000 State Agencies Most were initially created for a specific purpose Organizational Methods of State Agencies 0 Centralized Model major criminal investigations and patrol of state highways PA MI NJ NY VT and DE 0 Decentralized Model employ highway patrol and state bureau of investigation separately SC NC and GA Usually have other adjunct statelevel law enforcement agencies Example is SC Highway Patrol and SLED Local Agencies 0 Includes municipal police departments sheriff s departments campus police airport police etc 0 Approximately 12700 municipal police departments 0 Approximately 3100 sheriff departments I Out of about 20000 law enforcement agencies in the US Municipal Police 0 If incorporated may create your own police force 0 Most employ less than 10 fulltime officers 0 Whether a city has a police force depends on funding hiring training paying etc o Chiefs usually appointed by the mayor or selected by city council chief deputy sheriffs etc o Sheriff s Departments o Responsible for law enforcement throughout their county I Mostly patrol unincorporated areas of county or those that lie between municipalities but routinely work with municipal police 0 Also serve court papers maintain security within state courtrooms and run countyjails o Tend to be small nearly 23 employ less than 25 sworn officers o In some parts in New England mostly function as court agents limited law enforcement duties but in southern and western states still considered law enforcement officers in their respective counties 0 Sheriff s usually elected thus they answer to voters not city officials o quotconsciously coordinated someone or a group of people manages the organization 0 quotSocial entity organizations How Police Departments are Different from other organizations 0 Have bother legitimate arrest power and authority to use force 0 Posse Comitatus Act 0 Consider private security companies 0 Public agencies vs businesses 0 Limited resources quotsoft money grants 0 Exist with political environment vs private org 0 Work in the public eye and must obey all rules that apply to government agencies 0 Answer to the public indirectly and directly 0 Not for profit vs private security and some prisons o Often stymied by bureaucratic rules and regulations that can stifle creativity and flexibility o Employ nonsworn staff and sworn line officials personnel Traditional Police Organization 0 Sir Robert Peel follow the military model quotquasimilitary 0 Max Weber and classical organizational theory 0 5 characteristics of an effective bureaucratic organization welldefined hierarchy of authority specialization formalization impersonality of management personnel decisions based on merit Contemporary Organizational Theory 0 Organizations are organic o Allows employees greater input and responsibility in decision making especially at the lower level 0 Participatory management 0 Elevates status of line officers 0 More flexible and adaptive 0 So which should we use o Contingency theory repetitive vs nonrepetitive tasks I Example traffic enforcement division vs investigation unit 0 Systems theory organizations are a system of parts I Focus on the pieces and their relationship to each other Public vs Private Policing 0 Private 0 Focus on loss prevention 0 Prevention not punishment 0 Private justice punishment up to discretion of business 0 Concerned with protection of private property and clients 0 Public 0 Focus on right vs wrong and enforcing public policy 0 Detection apprehension and punishment 0 Public justice punishment depends on law 0 Concerned with protection of public property and the general public September 3rd 2015 Becoming an Officer Policing is a civil service job 0 Civil service branches of public service that are not legislative judicial or military 0 Employment based meritqualifications I Implemented to enhance professionalism I Vs the patronage system I Civil service commissions unions for civil service employees 0 Recruitment 0 Lack of qualified applicants I War in middle east had claimed workforce I Relative strength of economy I College credit requirements I Unfavorable press coverage of scandals and corruption 0 Agencies offer attractive schedules benefits and job perks and aggressively recruit 0 Testing Requirements 0 Two tests I Written gauge intelligence and reading and writing abilities Often includes a personality test I Physical must be trulyjob related or face discrimination complaints Tests tailored to match physical requirements ofjob Screens out most applicants 0 Interview o Intense and timeconsuming 0 Thus it is best for agencies to do as much prescreening as possible before this step 0 Why you want it what can you bring that others do not have I Intended to pick up where others left off 0 Gauge factors like confidence poise reasoning oral skills memory observational prowess Background Investigation 0 Examines any official record 0 Conducts indepth interviews with friends family coworkers acquaintances and even former acquaintances 0 Social media Medical and drug screening 0 Asked about drug use at earlier phases but test provides difficult to dispute results 0 Assess medial fitness to perform the job 0 Must not have any serious medical conditions that would hinder your ability to do the job 0 Check vision and weight I These are necessary to perform some required onduty tasks Polygraph Exam lie detector 0 Tell the truth 0 Not without their faults 0 Results cannot be used as evidence in court Academy 0 Must pass the academy o Strive to teach how to be an efficient officer and to develop the everimportant quotsixth sense a heightened but not too heightened sense of suspicion 0 Teach limits of the law as it applies to police work and the technical aspects of the work I Recently also includes topics such as diversity sexual harassment dispute resolution victim awareness using technology stress management and courtroom demeanor 0 Three types inhouse regional and state I Some civilians pay their own way through in hopes of finding a job upon completion


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