Criminal Justice 101 All Notes Leading Up To Exam 2
Criminal Justice 101 All Notes Leading Up To Exam 2 CRJU 101 001
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This 22 page Bundle was uploaded by AC on Tuesday March 29, 2016. The Bundle belongs to CRJU 101 001 at University of South Carolina taught by Dr. Scott Wolfe in Spring 2016. Since its upload, it has received 23 views. For similar materials see The American Criminal Justice System in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 03/29/16
Police Chapter 5 HISTORY o The English Roots of the American Police Three major aspects of American policing evolved from the English legal tradition: Limited Authority – limited scope of jurisdiction Local Control Fragmented Organization – decentralized law enforcement o Early English Police: Frankpledge System Families banded together for protection Tithings were formed (10 families) The tithing was fined if members did not perform their duties o Early English Police: ConstableWatch System Watchmen were appointed to help the constable Patrol and enforcement of laws More proactive in nature than Frankpledge System o 18th Century English Policing Industrial Revolution takes place and crime dramatically increases due to urbanization and rapid growth of cities In 1829, the “Metropolitan Police Act (MPA)” is passed in Parliament while Sir Robert Peel is Home Secretary The MPA creates the first organized police force of over 1,000 men—Sir Robert Peel was chief. Robert is why English police officers are called “bobbies” o Mandates of the Metropolitan Police Act Prevent crime without using repressive force Maintain public order by nonviolent means Reduce conflict between the public and the police Show efficiency through the absence of crime and disorder o American Colonial Era of Policing Colonists drew on English roots and adopted the offices of constable, sheriff, and night watchman as the first positions with law enforcement duties Watch systems was primary means of order maintenance in Northern cities Slave patrols developed as organized forces in the South Proactive in Nature—patrolled proactively, not reactively Considered by some to be the first modern police forces in the U.S. Militia was used to quell largescale conflicts Militia was like modern day swat team The Political Era: 18401920 o Fear of urban street crime produced demands for greater police protection o 1845 New York City establishes the first fulltime, paid police force; by 1850 most major US cities had some form of policing established. o Close relationship between police and political leaders Led to extreme levels of corruption The Professional Model Era: 19201970 o Public concern about police corruption led to reform efforts State and Federal Crime Commissions conduct studies Findings: o MUST professionalize the job o Must remove politics from policing o Police should be seen as “crime fighter” o August Vollmer was leading reformer (19091932) Technological advances Scientific advances (ex. Fingerprinting) Police Academy Training introduced SIX ELEMENTS OF PROFESSIONAL POLICING 1. The force should stay out of politics 2. Officers should be welltrained, disciplined, and tightly organized 3. Laws should be equally enforced 4. Forces should use new technology 5. Personnel procedures should be based on merit 6. The main task of policing is crime fighting Research Studies and Police Work o During the Professional Era, a lot of research was completed that showed: Increasing the number of patrol officers in a neighborhood had little effect on the crime rate Rapid response to calls for service did not greatly increase arrest rates Everyday Action of Police o Encounters bt police and citizens In order to carry out actions, police must have public’s confidence Officers depend on public to identify crime and carry out investigations 90% of people who interact with police believed that police acted properly o Most people willing to help police; fear, selfinterest, and other factors keep some from cooperating o Many avoid calling police bc not worth time/effort o Police “only bring trouble” o Citizens expect police to act both effectively and fairly—in ways consistent w American values Police Discretion o Police have power to deprive people of liberty when necessary Arrest them, take into custody, use force to control them. In these actions, police are expected to use discretion. o Five Factors especially important in discretion: 1. The nature of the crime. 2. The relationship bt the alleged criminal and the victim 3. The relationship bt the police and the criminal or victim 4. Race/ethnicity/age/gender/class 5. Departmental policy Domestic Violence o Highest rate of domestic violence occurs in black women aged 2024, and women in households in the lowest income category. o Police must use extreme discretion when responding to domestic violence The Community Policing Era: 1970Present Emphasis on good policecommunity relationships o Move away from only fighting crime o Return cops to the street to reestablish rapport Proactive policing (rather than only reactive) Recruitment and promotion of women and minorities increased Wilson and Kelling’s: o “Broken Windows Theory” Suggests that the reason why for long periods of time, particular cities have high crime rates is because they don’t get checked. Small problems aren’t controlled, which causes bigger problems. CommunityOriented Policing Problem solving is best done at the neighborhood level, not in some distant headquarters Locally situated police working with residents are a good problemsolving team Citizens must actively participate with police in fighting crime The effective police officer will be one whose skills produce wellmanaged communities o Training and recruitment efforts must be altered The Next Era: Homeland Security? Evidencebased Policing? Homeland security is the new priority of the federal government The events of 9/11 impacted federal law enforcement greatly: o Shifted funding priorities o Led to a reorganization of most federal agencies Law Enforcement in the US Today 3,063 sheriff’s departments 12,501 local police departments 1,481 special police agencies 50 state police departments 24 federal agencies 135 Native American Tribal police agencies Federal Law Enforcement Part of the executive branch of federal government Jurisdiction = US Investigate a specific set of crimes defined by congress o FBI is the federal government’s general law enforcement agency o Other agencies such as the DEA, ATF, US Marshals, US Secret Service, ICE, IRS, INS, and Border Patrol are responsible for enforcing specificlaws Internationalization of US Law Enforcement Crime is transnational; it has no borders Federal law enforcement agents and officers are now stationed overseas o Called Legal Attaches or Legats Activities are limited by formal agreements between nations Example: counterterrorism, drug and human trafficking, and cybercrime State Police Agencies Texas Rangers was the first state agency Jurisdiction = specific state State forces are generally responsible for: o Highway safety o Law enforcement in various areas o Technical support to other agencies County Law Enforcement Sheriffs are responsible for county law enforcement, predominantly rural in nature and scope Responsibilities include: o Policing rural areas, including unincorporated areas and/or small towns that do not have their own police forces o Operate county jail o Court protection (bailiffs) Native American Tribal Policing o Treaties create sovereign nations that have some legal autonomy Some tribes have the power to enforce tribal criminal laws against members and nonmembers on tribal lands Law enforcement is usually the duty of federal officers from the BIA (Bureau of Indian Affairs) and in combination with separate tribal police departments Municipal (City) Police o Have general law enforcement authority with many responsibilities o Jurisdiction = specific city/municipality o Employs the greatest % of officers out of all levels of law enforcement Range from NYPD with 34,000+ officers to some cities who only have one chief with no officers Most agencies across USA employ under 20 officers Most agencies decentralized and fragmented: Authorized, funded, and operated within the limits of own jurisdiction Each jurisdiction develops its own goals and policies Special Jurisdiction Agencies o Nearly 1,700 police agencies serve a specific geographic area o Approx. 57,000 officers work for these agencies o Mostly colleges, some state/national parks, recreation/lake areas, airports, trains, subways, and harbors Police Goals and Functions o Prevent and control harmful conduct o Aid people who are in danger o Protect constitutional rights o Facilitate the movement of people and vehicles o Aid those who cannot care for themselves o Resolve conflict o Identify problems o Create a feeling of security Police Organization o Police are organized on a hierarchical structure (bureaucracy) 1. Division of Labor Efficiently serve public Made possibly by the bureaucracy Patrol, special ops, investigative, clerical/support, forensic, etc. Chain and unity of command Formalized rules and procedures Everyday Police Action: Police Discretion o Police are expected to exercise discretion o Five factors influence the use of discretion: 1. Nature of the crime 2. Relationship between offender and victim 3. Relationship between police and criminal or victim 4. Race/ethnicity, age, gender, and class 5. Departmental policy (biggest reason the cops will tell you about discretion!!!!!!) Police Functions o Order Maintenance Preventing behavior that disturbs the public peace Public drunkenness, etc. Requires a high level of discretion Usually handles by patrol officers Police and the Community Special Populations o Urban police problem mainly. o Mental illness, homeless, alcoholism, drug addiction, etc. o Overcrowded jails, cutbacks in public assistance, closing of psychiatric institutions contribute to increasing special populations o Patrol officers cooperate with social service agencies in helping individuals and responding to requests for order maintenance. Policing in a Multicultural Society o Policing requires trust, understanding, and cooperation bt officers and the public. o In multicultural societies, relationships bt police and minorities are complicated by stereotypes, cultural variations, and language barriers. o Race and ethnicity are key factors in shaping attitudes about police o Police often accused of failure to hive protection and services to minority neighborhoods and of abusing residents physically or verbally. Community Crime Prevention o Social control required involvement by all members of the community. o When gov agencies and neighborhood orgs cooperate, community crime prevention can improve. o Citizen crime watch groups have been formed in many communities. Neighborhood Watch Crimestoppers Operation Weed & Seed Chapter 6 Police Officers and Law Enforcement Operations Recruitment o All agencies require physical fitness test o Background checks o Psychological Evaluations (increasingly) o Good compensation/benefits attract good recruits o Educational level of potential recruit Most local agencies require high school diploma Larger cities require at least some college The changing profile of the police o Throughout history, police officers were largely white males o Today, women and minorities represent a growing percentages of officers o Equal Employment Opportunity Act of 1972 helped with this o Unfortunately, many women and minority police officers face hostility and harassment from colleagues as they attempt to prove themselves and their worth. Minority Police Officers Before 1970’s many police depts. did not hire nonwhites. Women on the force Women have been police officers since 1905 Lola Baldwin in Portland, Oregon—first female officer Most policewomen easily meet expectations of superiors BUT women still have hard time breaking into police work and being recognized equally for promotion opportunities. Training o Most states require preservice training, usually a police aademy Legal rules Weapons use Social skills o Socialization Learn beliefs and values of subculture The Police Subculture o Defines the cop’s world and each officer’s role in it o Four key issues in understanding the police subculture: Police “working personality” Role of police morality Isolation of the police Stressful nature of police work Chapter 7 Policing: Contemporary Issues and Challenges Policing and New Technology technology has increased correct incarceration (DNA, etc.) use of radios, phones, computers in squad vehicles polygraph tests BUT WITH ALL THIS TECHNOLOGY… technologybased crimes that increasingly confront society officers must now concentrate on the development of sophisticated technologies to combat such crimes and to aid in investigating other crimes The Challenge of New Crimes o People using apps to dodge police while driving o Cybercrime Counterfeiting o Continued improvements in computer and printing technology permit counterfeiters to produce increasingly better quality money o USA had to redesign a lot of our bills to be counterfeitproof o Fake IDs, passports, etc. o Movies, music, luxury brands (Louis Vuitton, etc.) o $1.7 Trillion in counterfeit goods revenue in 2015; 2.5 million jobs lost to the counterfeit industry Crime Enabling Technology o Widespread use of debit and credit cards provides target for thieves to skim cards and steal money using an ATM skimmer o Proliferation of high powered weapons and body armor Investigative Tools o Computers One of the most rapidly spreading technological tools for law enforcement, especially portable ones in patrol cars Essential for investigating certain types of crimes, especially cybercrimes Essential for crime analysis and “crime mapping” Using geographic information system (GIS) police depts. can analyze hot spots, crime trends, and other crime patterns with a level of previously unavailable sophistication and precision. o Databases Fingerprint database to easily identify perps 64 million fingerprints in the database and growing Military and intelligence officials are also collecting unidentified latent fingerprints—impressions from the ridges on the fingertips that are left behind on objects due to natural secretions from the skin or contaminating materials, such as ink, blood, or dirt, which were present on the fingertips at the time of their contact with the objects—from cups, glasses, firearms, ammo, and any other object they find overseas in abandoned alQaeda training camps, safe houses, and battle sites. o DNA Testing Identifies people through their distinctive gene patterns Supreme Court approved collecting DNA samples from arrestees who were not yet convicted of crimes was settled in the decision in Maryland v. King (2013) Can be used to correct grave errors by exonerating wrongly convicted people like STEVE AVERY! o Surveillance and Identification Cameras in public spaces in cities (5pts) TSA in airports Likely to expand as part of gov’t’s efforts to identify suspected terrorists. United States v. Jones (2012)–SCOTUS ruled that law enforcement officials cannot place a GPS device on a vehicle to monitor its movements based on their own discretion without obtaining a warrant or having another proper justification Kyllo v. United States (2001)—SCOTUS ruled that law enforcement officials cannot examine a home with a thermalimaging device unless they obtain a warrant o Weapons Technology Lesslethal alternatives Tasers o Lesslethal projectiles Rubber bullets, bean bags, etc. o Pepper spray o Batons Corruption o Police corruption has long history in US o Defined v broadly o Corrupt Cops—Grass Eaters v. Meat Eaters Grass Eaters are officers who accept payoffs that the routines of police work bring their way. Make up the heart of the problem of police corruption because they are more numerous and harder to detect than Meat Eaters. Meat Eaters are officers who actively use their power for personal gain. Less numerous than Grass Eaters. o Police corruption considered “blue coat crime” o Blue Coat Code is officers protecting other officers who are corrupt o Activities under this bluecoat code may include the following: Mooching accepting free coffee, cigarettes, meals, etc. that are thought of as compensation either for being underpaid or for future favoritism to the donor Bribery receiving cash or a “gift” in exchange for past or future help in avoiding prosecution Chiseling Demanding discounts or free admission to places of entertainment whether on duty or off Extortion demanding payment for an ad in a police magazine or purchase of tickets to a police functions; holding a “street court” in which minor traffic tickets can be avoided by payment of cash “bail” to arresting officer with no receipt given Shopping picking up small items such as candy bars, gum, and cigarettes at a store where the door has been left unlocked at the close of business hours Shakedown Taking expensive items for personal use during an investigation of a breakin or burglary Premeditated Theft Using tools, keys, or other devices to force entry and steal property. Premeditated theft is distinguished from shakedown by the fact that it is planned, not by the value of items taken Favoritism Issuing license tabs, window stickers, or courtesy cards that exempt users from arrest or citation for traffic offenses (sometimes extended to family and friends) Perjury Lying to provide an alibi for fellow officers engaged in unlawful activity or otherwise failing to tell the truth so as to avoid sanctions Prejudice treating members of a minority group in a biased fashion, especially members of groups that lack the political influence in City Hall to cause the arresting officer trouble Civic Accountability Internal Affairs Unit o A branch of a police dept that receives and investigates complaints alleging violations of rules and policies on the part of the officers o Has direct access to chief of police o Stressful work, cannot maintain frienships with officers Civilian Review Boards o Citizens’ committee formed to investigate complaints against the police o Argument against civilian review boards is that people outside law enforcement do not understand the problems of policing. o Review of police actions usually comes down to the officer’s word against that of the complainant. Standards and Accreditation o Increase police accountability by requiring that police actions meet nationally recognized standards. o Movement is supported by the Commission on Accreditation for Law Enforcement Agencies (CALEA) a private, non profit corporation formed by four professional associations: The Internat’l Assn. of Chiefs of Police (IACP), o the National Organization of Black Law Enforcement Executives (NOBLE), the National Sheriffs’ Association (NSA), and the Police Executive Research Forum (PERF). Civil Liability Lawsuits o Civil lawsuits against depts. for police misconduct can increase civic accountability o Section 1983 lawsuits civil lawsuits authorized by a federal statute against state and local officials and local agencies when citizens have evidence that their federal constitutional rights have been violated by these authorities o Civil Liability rulings by the courts tend to be simple and sever: officials and municipalities are ordered to pay a sum of money, and the courts can enforce that judgment. The Police Subculture o Defines the cop’s world and each officer’s role in it o Four key issues in understanding the police subculture: Police “working personality” Role of police morality Isolation of the police Stressful nature of police work Two Elements that Define the Working Personality o Threat/perception of danger Keenly aware of clues Suspicious and cautious Alert to potential violence o Need to establish and maintain authority Demeanor and behavior determine whether deference is given by public Must not get emotionally involved Police Morality o Contradiction between goal of preventing crime and the inability to do so. o Must use discretion to “handle” situations in ways that do not strictly follow procedures o Invariability must act against at least one citizen’s interest, often with force, sometimes with deadly force Police Isolation o Officers feel as if: They are looked upon with suspicion The public is hostile toward them: “Us vs. Them” o Must remain vigilant at all times, even offduty—can never truly relax o Separate themselves from others, form strong ingroup ties with other officers Police mainly socialize with other police officers and their families Job Stress o Affects treatment of citizens, officer’s own health, and how officers interact with each other o Four main types of stress: 1. External: Real threats and dangers Ex. High speed chase, involved in fight, shootout 2. Organizational: Paramilitary structure Ex. Irregular work hours 3. Operational: Routine Police Work Ex. Dealing w/ the same criminals over and over 4. Personal Ex. Grave danger, long hours, underappreciated, work life balance Police Response and Action o Reactive (“incidentdriven” or “acting in response”) Calls for service 30% involve criminal law enforcement Which means most calls for service have nothing to do with criminal activity Most involve maintenance of order and service Investigative work is reactive o Proactive strategies (“acting in anticipation”) Basic Patrol Surveillance and undercover work Terrorism and homeland security Organizational Response o Factors that affect response process Separation into functional groups Patrol, vice, investigation, forensics, etc. Differential response strategy Prioritizing calls for service Productivity: How is it measured? o Crime rates, rates of index offenses Have crime rates gone down? Crime rate going down is essentially an impossible mandate o Clearance rates, arrests How many of those crimes were cleared with ARREST? How many bad guys did you put behind bars? o Traffic and other citations o Stop and frisk, interrogations (field interviews—FIs) Patrol Functions o 3 parts of patrol functions Answering Calls Maintaining police presence Probing suspicious circumstances Investigation o Main goal: Carry out law enforcement investigations o Carried out by detectives (state & local) and federal special agents o Examples of Special Units Homicide, robbery, auto theft, cold case, vice, special victims, gangs, etc. Further info on VICE: http://www.lawenforcementedu.net/policeofficer/vicesquad officer/ o Patrol often investigates, in place of, or in support of detectives If the offense is relatively minor (car break ins, etc.) or there is a shortage of available detectives Apprehension Process o Crime detection Usually called in (911 call) o Preliminary Investigation First on scene (usually patrol officer) Crucial to successful outcome o FollowUp Investigation o Clearance & arrest Forensic Techniques o Scientific analysis of DNA, fingerprints, blood, semen, hair, textiles, soil, weapons, and other materials o Helps prosecutors convince jurors that a suspect(s) is guilty o Can also establish innocence of those wrongfully incarcerated o Wide disparity in quality and access to labs and equipment across nation Special Operations **Larger cities may have organized crime, gang, and drug units o Multiagency task forces (federal, state, and local) are sometimes responsible for such functions in many cites Traffic units Vice units Often undercover Drug units Aggressive patrol Issues in Patrolling o Foot vs. Motorized Patrol o 1Person vs. 2Person Patrol Units o Aggressive Patrol Proactive Stings, raids, highrisk parolees, home inventories, etc. “Broken Windows” theory If you allow minor transgressions (graffiti, etc.) to go unaddressed, then the neighborhood will fall victim to worse, major crimes Seizure of illegal firearms Zerotolerance practices Community Policing o Communitybased crime prevention o Changing the focus of patrol activities to nonemergency services o Include residents in decision making o Problemoriented policing Crime and the Impact of Patrol o Declining crime attributed to: Aggressive patrol Community policing Stiff sentences, highincarceration rate o Recent spike in violent crime: Ferguson effect? Depolicing Bare minimum of job as police officer Leading to increase in violent crimes Police Advancements Weapons Technology o Lesslethal alternatives Tasers o Lesslethal projectiles Rubber bullets, bean bags, etc. o Pepper spray o Batons Homeland Security o Created after 9/11 to more effectively combat terrorism and aid in the sharing of intelligence o Preparing for threats Joint Terrorism Task Forces Airport and border security Law enforcement intelligence gathering and sharing Security Management and Private Policing o Private security has become more complex and important o Protection of company assets Functions of Security Management and Private Policing o Security managers fill multiple roles Police and fire chief, emergency management, and computer security o Risk Management o Privatesector detectives o Security guards Types of Private Security o Retail companies Loss prevention/assets protection o Private Security Firms Pinkerton o Computer website security Banks o Private security forces contracted by the govt. Private Employment of Public Police o Off duty employment (moonlighting) Police officers are also hired by local businesses to serve a security function while they are off duty Officers retain full powers offduty o Two issues Conflict of interest Reduction of police officer effectiveness while onduty? o Management Prerogatives Three models designed to manage offduty work 1. Department contract model 2. Officer contract model 3. Union brokerage model Police Use of Force o Allowed to use necessary force. Therefore, force exists on a continuum. Usually varies by jurisdiction Use of force continuum is taught in academies, retaught throughout the career of law enforcement agent Used infrequently, usually lowforce when making an arrest o What is meant by excessive force? Abuse of force is more force than is necessary to achieve legitimate ends o Deadly force deeply emotional issue High number of blacks shot and killed Ferguson, MO incident has brought this issue into public discourse once again o Key Supreme Court Case on Use of force Tennessee v. Garner (1985) Fleeing Felon Verdict Chapter 8 Legal Limitations on Police Investigations o The Fourth Amendment o Stop = brief interference with a person’s freedom of movement with a duration of a few minutes; must be based on reasonable suspicion Example: traffic stop o Search = government agent looking for evidence that intrudes upon a person’s reasonable expectations of privacy Examination of and hunt for evidence in or on a person or place o Seizure = when not free to leave, officers’ assert authority to halt someone’s movement or deprive their freedom Any use by the police to deprive people of their liberty or property Arrest o Arrest = a significant deprivation of liberty, physically taking someone into custody Usually arrests are longer than stops, but not necessarily o Probable cause = existing evidence to support the reasonable conclusion that a person has committed a crime Searches with Search Warrants o Probable cause MUST exist for a search to happen o Sworn oath or affirmation in written Affidavit o Must describe specific place to be searched—must specify in warrant specific locations (for example in a home) to be searched o Must describe specific person or items to be seized o “Totality of circumstances test” Warrantless Searches o Plain View Doctrine = officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be (Coolidge v. New Hampshire, 1971) The right to search and seize what officers can discover by the use of their ordinary senses (including sight & smell) o Open Fields Doctrine = officers are permitted to search and to seize evidence, without a warrant, on private property beyond the area immediately surrounding the house CANNOT search yard immediately surrounding a house without warrant or specific justification for warrantless search Search can be conducted if criminal evidence is visible on a piece of property—including by air (use of helicopter) o Plain Feel and Other Senses Table 8.1 in book, searches by Sight & Feel o Special needs beyond the normal purposes of law enforcement Certain specific contexts Examples Entry points Checkpoints Airport metal detectors o Stop & Frisk = officers are permitted to pat down clothing of people in the streets if there is reasonable suspicion of dangerous criminal activity Terry v. Ohio (1968) “Terry Pats” Limited patdowns allowed if reasonable suspicion of a crime exists Police officers are obligated to make observations, draw reasonable conclusions, identify themselves, and make inquires before conducting stop and frisk Reports from reliable witnesses Running from the police
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