Police and Society: Study Guide
Police and Society: Study Guide JUST 2012
Popular in Police and Society
Popular in Law and Legal Studies
verified elite notetaker
Test Prep (MCAT, SAT...)
ECON 2020 - 4
verified elite notetaker
verified elite notetaker
verified elite notetaker
verified elite notetaker
verified elite notetaker
This 9 page Study Guide was uploaded by Kimberly Notetaker on Thursday February 4, 2016. The Study Guide belongs to JUST 2012 at East Carolina University taught by Keri Grimsley in Spring 2016. Since its upload, it has received 62 views. For similar materials see Police and Society in Law and Legal Studies at East Carolina University.
Reviews for Police and Society: Study Guide
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 02/04/16
JUST 2012-003 Spring 2016 Exam 1 Study Guide Chapter 1 Police in a Democracy Branches of Government (executive, legislative, judicial) and who works under each branch o Executive Branch This branch is in charge of the enforcement of laws This branch’s leader is the President, and consists of members of his cabinet and other local departments. o Legislative Branch This branch is in charge of the creation of laws and appropriation of funding This branch consists of the members of congress o Judicial Branch This branch is in charge of the sentencing of offenders and the interpretation of laws. The judicial branch is often known for the members of the Supreme Court (9 justices who have the final say in court decisions that are appealed to them). Otherwise there are local and state courts each with judges and their own jurisdictions to deal with cases in those areas. Civil laws vs. criminal laws (know difference) o Civil laws Focus on the relationship between individuals One person of the community files a complaint on another – it is not necessarily a government issue or something brought forward by the local, state, or federal authorities This will often deal with law suits concerning money It will also take care of situations dealing with contracts, business transactions, accidents, etc. o Criminal laws Criminal laws are concerned with the relationship between the individual and the government: behaviors that violate criminal law pose a threat to public safety and order. Examples of actions that would be an issue for criminal law is speeding, theft, assaults, etc. Cases involved in criminal law are handled between an individual and the local, state, or federal government – usually with the federal government pressing charges against the individual. However, in some cases an individual can press charges on a federal agency for infringing upon their rights or in other such instances. Substantive, procedural, case laws o Substantive law When thinking of substantive law think about behavior. Substantive law identifies behavior that is either required or prohibited and what the punishment would be for failing to abide by this behavior (law). A perfect example of substantive law is Driving while intoxicated – this is a behavior that is prohibited and will result in imprisonment and suspension of license o Procedural law Procedural law is put in place to ensure that the way police are enforcing substantive law is done correctly without infringing upon any rights held by citizens. This is where ideas such as probable cause and reasonable suspicion come into play (Miranda rights, etc.) Another reason this has been put in place is to restrict the power of the government and ensure that the police are not being used in a way to abuse power by government officials or anyone for that matter. This is especially important because a normal person has unequal resources and power than a member of the government; so, by creating procedures this ensures that everyone is treated on the same playing field. o Case law What the judicial branch is particularly concerned with – these are written rulings of appellate courts (usually the supreme court) and their interpretations of law and citizen’s constitutional rights These interpretations and rulings tend to set what is known as “precedence” for future cases with similar elements. Often “landmark cases” (cases that drastically changed something – a law, a right, etc.) will be consulted or studied when deciding on a case with a similar story in deciding what to do. th th th th 4 , 5 , 6 , 8 Amendments o Fourth The fourth amendment protects individuals against unreasonable searches and seizures This is why police are required to obtain search warrants, and have probable cause before invading an individual’s privacy o Fifth The Fifth Amendment protects against double jeopardy and self- incrimination. This means that if an individual is tried and found innocent or guilty they cannot be tried for the same crime again unless new evidence has come to light or there was an issue during due process and their rights were infringed in some way which lead to their case being tried unfairly (this is when they would make an appeal to a higher court to review the case and decision). Self-incrimination protects the individual from having to testify (or talk to the police) if it will somehow hurt their case or make them look guilty o Sixth The Sixth Amendment gives individuals the right to a speedy and public trial, the right to counsel and the right to confront any witnesses against them. This is where a lot of our Miranda Rights come into play o Eighth The Eighth Amendment protects from excessive bail and cruel and unusual punishment This is why we have standard punishments for certain crimes set into place, that way one person is not receiving a harsher punishment for committing the same crime as someone with a lesser punishment. This is also where the concept “the punishment must fit the crime” comes into play – so we aren’t executing people for simply stealing from a jewelry store, yes they shouldn’t have done it but they shouldn’t be put to death because of it. Proactive vs. reactive policing o Proactive policing focuses on emphasizing police-initiated activities This is the idea of preventing crime before it occurs by setting up things like check points or having police stop suspicious behavior – a lot of times they use reasonable suspicion to question people and they do so in the hope of stopping a crime before it is completed o Reactive policing focuses on emphasizing responses to calls for assistance So this is more of a focus on what to do after a crime has occurred rather than actions to take prior to the crime. Chapter 2 Police History Kin policing o Kin policing is when a family, clan, or tribe enforced rules and norms of conduct. There was no “police” or specific group of people designated to enforce the laws it was done very informally usually through very harsh forms of punishment o Each member of the group had some authority to enforce the informal rules set in that culture/area. o Some examples of punishment during this time were to cut off someone’s hands for stealing or branding their forehead to show everyone they committed a crime Nightwatch o Nightwatch is basically a group of citizens who patrol at night looking for things such as fires, disruptions, disturbances, and other problems (kind of similar to our neighborhood watch groups that we have today only with more authority because that was their form of policing) o These individuals were appointed to conduct investigations, make arrests, and collect taxes Frankpledge system o The frankpledge system was put into place with the goal of keeping order. o Basically it split people up into groups – within these groups all men over 15 y/o were required to report anyone within the group who had committed a crime and apprehend them and if they failed to do so the entire group would then face the consequence. o Most groups were Tithings (10 families), then there were also Hundreds (10 tithings) and Several hundreds (shires) Henry Fielding and the Bow Street Runners o Fielding is recognized as one of the first people to believe in the idea of preventative policing. o Him and his group of men became known as the Bow Street Runners who were essentially the first police investigators o Fielding’s system divided police into 3 units Foot patrols who were located in the inner city Horseback patrols who were located in the Sir Robert Peel and Peelian Principles o Peel created a set of principles for police to follow which became known as Peelian principles. These efforts resulted in the creation of the first modern style organized police force (essentially with a military structure). o Different from before a main focus was employing competent personnel – wanting to resist any type of government abuse of authority and organizations like the secret police from forming o The Peelian principles are Police must be stable, efficient, organized along military lines (many departments still have military structure) Police must be under government control The absence of crime proves efficiency of police The distribution of crime news is essential Essential to deploy police strength by time and area (hot spot policing) No quality is more indispensable to a policeman than a perfect command of temper; a quiet, determined manner has more effect than violent action Good appearance commands respect (personal grooming policies) The securing and training of proper persons is at the root of efficiency (college education) Public security demands that every officer be given a number (call #s) Police headquarters should be centrally located and easily accessible Policemen should be hired on a probationary basis Police records are necessary to the right distribution of police strength (data driven policing) 4 theories that explain the development of police departments (Disorder- control, Crime-control, class-control, Urban-dispersion) o Disorder-control theory was developed because there was a growing need to suppress mob violence, during this time riots were very common and causing much destruction. o Crime-control theory came about because increases in criminal activity caused people to start desiring a new type of policing; there were threats to the social order (highway robbers, pickpockets, etc.) and this created an intense climate of fear which needed to be fixed. o Class control theory (elitist or conflict theory) came because of class- based economic exploitation; there was much urban and industrial growth at this time which caused the creation of what people called the “new police”. Because of this changing economy many different social and ethnic groups began highly competing with each other to jump at these new opportunities which initiated white Anglo-Saxon Protestants to develop a means (police) to keep this under control o Urban-dispersion theory was essentially the creation of new police systems simply because other cities had them; not necessarily because there was a need for it like the other theories vigilante committees o a voluntary association of men organized to respond to real or imagined threats to safety, protect their property and seek revenge. o This was most common in the American West and was often very brutal o Tactics such as lynching were regularly used by these committees (started by Colonel Lynch head of the vigilante movement in the 1700s) o These committees would form periodically as they were seen to be needed and were often composed of social elite with the purpose of enforcing values. Andrew Jackson and Theodore Roosevelt served as vigilantes Political, Progressive, and Reform eras (know characteristics & which is considered the most o Political Era Was a time of corrupt policing, everything was influenced by political figures and politics This was because politicians decided who was employed, promoted, chief, etc. So, in order to get anywhere officers had to do what they said and this lead to much corruption Everything done was done with political considerations put first o Progressive Era By this time all city government services began to come under criticism for corruption, increase in crime, population congestion, inadequate housing, health problems, waste disposal and a number of other things So changes were going to be made Many religious leaders and upper/middle class civic minded business and professional people argued that the political power needed to change hands and a reform model was built. The reform model was based on industrial management principles (which made sense because at this time American industry was in great success) From this police departments shifted from a more political model to a bureaucratic, legalistic, reform model o Reform Era This era occurred during the 1920s and was arguably the most significant era of policing given the movement toward professionalism This era was when professionalization really took off, attempting to improve police behavior and performance by adopting a code of ethics and improving selection, training, and management of police departments This is essentially the era that made our police system what it is today significant era of policing? Why?) o The reform era was the most significant era of policing because it saw the emergence of police professionalism. Vollmer and Wilson o August Vollmer was in charge of the Wickersham commission which was the first federal review of law enforcement in the United States o Vollmer created this idea after noticing the Chicago crime commission created by Chief of police Wilson in 1919, by 1929 Vollmer spread this idea to all states titling it the Wickersham commission Chapter 3 Legal Issues What amendment protects individuals from unreasonable search and seizure? o Fourth Amendment Reasonable Suspicion and Probable Cause o Reasonable suspicion is a lower standard than probable cause and is basically a logical conclusion that crime has been, is about to be, or is being committed based on the information and circumstances at hand o Probable Cause is a higher standard and is necessary to make an arrest, obtain a search warrant and other things. Probable cause is based on facts and circumstances that are known to the officer, which are reasonable trustworthy information, a warrant belief that a crime is being committed. More likely than not Exclusionary Rule o The exclusionary rule is a method for enforcing reasonableness standard of the 4 Amendment o This basically means that evidence obtained by violating the 4 th amendment is not admissible in court for prosecution (or basically it can’t be used against the person) o This rule is put into place to deter officers from improper seizures and to ensure that citizens privacy and rights are protected under the law o Fruit of poisonous tree The fruit of the poisonous tree doctrine is an extension onto the exclusionary rule – it basically says that any evidence discovered th as a result of improper police conduct (violation of the 4 amendment) is also excluded from court. Consensual encounters, investigative detentions, arrests o A consensual encounter is similar to just having a normal conversation with an individual you meet on the street. This often occurs if an officer were to just simply ask someone if they had seen anything suspicious, during this encounter the officer isn’t interrogating or really looking for anything specific from the individual and the individual is free to leave and end the conversation at any time. o Investigative detention is holding a person in an area and speaking with them, the officer is not letting them leave until questions are answered but they themselves are not under arrest. This is sometimes done with a witness who is refusing to give information that detectives or officers know that they have and eventually can lead to an arrest if the individual continues to refuse to cooperate o An arrest is a formal booking of an individual who is suspected to have committed a crime and has some evidence against them to prove that they did. In an arrest the individual has no right to leave unless they can meet bail or the charges are dropped. Terry v. Ohio o This court case created outline parameters of stop and frisk procedures o It says that a stop requires reasonable suspicion of a crime and a frisk requires reasonable suspicion that the person is armed and poses a danger and that this does not violate the individual’s fourth amendment right to unreasonable search and seizure. However, the officer must be able to articulate facts on what gave them reasonable suspicion, it cannot merely be based on “a hunch” or “a feeling”, then it would be an unlawful stop and frisk. What is a search warrant affidavit? o A search warrant affidavit is a written description created by an officer of what will be searched and seized, once this is written it is taken to a judge for review and signed if it is proves probable cause – which then gives the officer the right to search the area for the item they are looking for. Plain view Doctrine, Open Fields Doctrine, Hot pursuit exception o The plain view doctrine is a way officers can search an area without obtaining a warrant. for the plain view doctrine to take effect the police must have a reason to be at the scene (it is a public place, they were called by someone, etc.), the cannot take actions to expose concealed contraband (if it is in a closed box, behind a door, etc.) it must simply be sitting in plain view. And they must immediately be able to tell that the object is contraband in order to go any further o The open fields doctrine is another exception officers have to not obtain a warrant. Essentially the open fields doctrine states that if the area around an individual’s land is searched that is not in violation of the fourth amendment. Unless there is some other legal basis for the search such a search must exclude the home and any adjoining land (such as yard) that is within an enclosure or otherwise protected from public scrutiny (however everything else is essentially fair game). o The Hot pursuit exception is one last warrantless search procedure The hot pursuit exception comes into play saying that officers can follow a felon or dangerous criminal into their home and out of their jurisdiction if the person is known to be a felon or dangerous criminal. Because the individual is known to have committed a crime this automatically gives an officer reasonable suspicion and probable cause (if they notice the individual acting strangely – more likely than someone who has never committed a crime, etc.). Pretexual vehicle stops o A pretextual stop is when an officer stops a vehicle for some type of traffic violation (speeding, not using blinker, lights out, etc.) but does so with the main goal of discovering more serious criminal activity. o This can be a very controversial issue however because in some way it targets certain individuals and can be seen as a way to set someone up, just sitting there waiting for a reason to pull them over to catch them doing something that you aren’t even sure they are doing (don’t have proof that they are doing). But the Supreme Court case Whren v. US said that these stops are permissible as long as an actual traffic violation occurred. If another officer would have had a legitimate reason for stopping the individual (who didn’t have the hopes of finding something else) then even if an officer who did have the hopes of finding something else stopped them it is still not in violation of the fourth amendment because they are being stopped for a legitimately justified reason. Carroll Doctrine o The Carroll Doctrine gives officers the right to conduct warrantless searches of vehicles because the mobility of the vehicle may permit destruction of evidence Interrogations/Miranda Warning o Miranda Warnings came about from Miranda v. Arizona. In this case a man (Miranda) was arrested and interrogated. During the interrogation he signed a confession admitting guilt to the crime. After he claimed that he was unaware that he did not have to talk to the police and he essentially claimed that he did not know his rights (the right to an attorney, anything he says will be used against him, etc.). Because of this the confession was inadmissible and could no longer be used because if he had known his rights he wouldn’t have spoken with the police until his attorney was present. Because of this all individuals under arrest are read their rights before interrogation
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'