CCJ 2020 Midterm Study Guide
CCJ 2020 Midterm Study Guide CCJ 2020
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This 29 page Study Guide was uploaded by Ryan Desjardins on Wednesday February 10, 2016. The Study Guide belongs to CCJ 2020 at Florida State University taught by Elizabeth Borkowski in Spring 2016. Since its upload, it has received 61 views. For similar materials see Introduction to Criminal Justice in Criminology and Criminal Justice at Florida State University.
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Introduction to Criminal Justice: MidTerm Study Guide Crime A function of social control 'Crimes' are determined by legislature Criminal Justice System The law enforcement court, and the correctional agencies that work together to affect the apprehension, prosecution, and control of criminals. They're in charge of maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice, and treating criminal behavior. Criminology The scientific study of crime and criminals Criminology vs. Criminal Justice System Criminologyexplains why individuals engage in that behavior Criminal Justice explains how the system works and how the system affects behavior ***NOT MUTUALLY EXCLUSIVE*** Social Control The control of an individual's behavior by social and institutional forces in society. Events that Changed Crime Control 1.Civil Rights Movement (1960's & 1970's) 2.War on Drugs (1980's Just Say No Campaign) 3.Rodney King Riots (1990's Watch the Police) 4.Terrorism (2000's 9/11) What did the Rodney King Riots change about policing? Drastically changed policing. Instead of focusing on the crime fighting ability, they should worry about trying to be helpful, build a better community, be a role model In presence requirement In order to make an arrest for a misdemeanor, a police officer must have witnessed the crime first hand. True Bill of Indictment Written statement charging a defendant with the commission of a crime drawn up by a grand jury. This happens when the grand jury finds sufficient evidence to support indictment. Information Charging document filed by the prosecution that forms the basis of the preliminary hearing. Criminal Justice Process The decision making points starting from the initial investigation/arrest to the release of the offender; the various sequential stages through which the offender passes. The formal criminal justice process goes like this... 1. Initial Contact 2. Investigation 3. Arrest 4. Custody 5. Charging 6. Preliminary Hearing/Grand Jury 7. Arraignment 8. Bail/Detention 9. Plea Bargaining 10. Trial/Adjudication 11. Sentencing/Disposition 12. Appeal/Post Conviction 13. Correctional Treatment 14. Release 15. Post Release Two Models Used to describe the Criminal Justice Process Wedding cake model and criminal justice assembly line/funnel Wedding Cake Model At the top, it is the so called celebrated cases. These are the ones that get a lot of media coverage, and most of the time involve celebrities. Under that is the serious offenses, such as the Index Crimes. Then, is the less serious offenses, usually committed by first time offenders or younger people. Finally, there is the millions of misdemeanors that get brought to the criminal justice system on a regular basis. Crime Control Perspective Crime Control believes that society would rather convict innocent person than let a guilty person go free. Due Process Perspective Due Process believes that society would rather let a guilty person go free than convict an innocent person Rehabilitation Perspective View crimes as an expression of frustration and anger created by social inequality. The justice system is a means of caring for and treating people who have been the victims of this inequity. Nonintervention Perspective Believes justice agencies should limit their involvement with criminal defendants. Regardless of whether intervention is designed to punish people or treat them, the ultimate effect of any involvement is harmful and will have long term negative consequences. Equal Justice Perspective Believes the greatest challenge facing the American criminal justice system is its capability to dispense fair and equal justice to those who come before the law. Restorative Justice Perspective Views the efforts of the state to punish and control as encouraging crime rather than discouraging it. Mutual aid rather than coercive punishment is the key to a harmonious society. Derek Cornish and Ronald Clark Designed rational choice theory Emilie Durkheim "Father of Sociology", credited with using science to study criminology August Vollmer Was in the IACP. required all police officers have University training, WANTED TO USE SCIENCE TO HELP W POLICING O.W. Wilson Was in the IACP. change up jurisdictions to beat corruption, wrote textbook called 'Police Administration' Henry Fielding Founded the Bow Street Runners Sir Robert Peel Founded the New Police Bobbies. This was seen to be the first modern police force. Walked around instead of just standing on a street corner. Goal was to be proactive and stop crime before it happened Alice Stebbins Wells First female police officer. Argued that women are able to provide services to women and children that male officers can't, and it also protects the male officers (especially when it comes to patting down and searching victims) How is Crime Defined? 3 views.. 1. Consensus View 2. Conflict View 3. Interactionist View Conflict View The content of criminal law and the definition of crime are shaped and controlled by the ongoing class struggle between the rich and the poor, 'the haves and the havenots'. According to this view, criminal law is created and enforced by the ruling class as a mechanism for controlling dissatisfied, 'havenot' members of society. It enables the wealthy to maintain their position of power and control the behavior of those who oppose their ideas and values. Consensus View Crimes are behaviors that are essentially harmful to a majority of citizens living in society and therefore have been controlled or prohibited by the existing criminal law. We as a society believe that these things we deem as criminal hurt the majority of society. Interactionist View Criminal law is structured to reflect the preferences and opinions of people who hold social power and use their influence to shape the legal system. This view states that many crimes are only illegal because they are in conflict with social norms. Moral Entrepreneur They wage campaigns to control behaviors they view as immoral and wrong (for example, abortion), or try to legalize behaviors they consider harmless (for example, smoking marijuana) Crime Statistics/Trends/Patterns Crime stats provide an overview of criminal activity Decision makers at all levels rely on crime data to analyze and evaluate existing programs, fashion and design new crime control initiatives, develop funding requests, plan new laws and crimecontrol legislation. Problems with Crime Statistics and Social Policy? 3 main concerns are... 1. Social events, including crime, are complex and difficult to quantify 2. Bias of policymakers 3. Public opinion is misguided by media reports Uniform Crime Report International Association of Chiefs of Police (IACP) created the first UCR. It's an official crime statistic. Represents the broadest measure of reports. Collects two primary statistics, which are the number of crimes reported to the police, and the number of crimes cleared by arrests (or other means). Crime Index Part 1 Offenses They identified 8 crimes to be used for comparing crime, and these are called the Index Crimes, or Part 1 Offenses 1. Homicide 2. Rape 3. Robbery 4. Aggravated Assault 5. Burglary 6. Larceny 7. Motor Vehicle Theft 8. Arson Problems with the UCR Accuracy is questionable National IncidentBased Reporting System (NIBRS) The goal of NIBRS is to enhances the quality, quantity, and timeliness of crime data collection by law enforcement. It was created to combat the dark figure of crime not reported in the UCR. It is a periodic telephone survey of a large sample of households/individuals. It measures criminal victimization experiences regardless of whether they were reported. ***Unlike the UCR, this system is incident driven, not a summary*** National Crime Victimization Survey (NCVS) A national survey of approximately 90,000 households, used to estimate the frequency of crime victimization, as well as characteristics of victims. Conducted annually by the US Census Bureau for the Bureau of Justice Statistics (BJS). Self Reported Surveys Surveys/interviews that ask respondents to reveal their criminal behaviors, reported or not reported to police. Most selfreport surveys are used to measure crime among adolescents. Problems with Self Reported Surveys? Problems with this type of crime management is accuracy, because some respondents may over or under report their criminal behavior Conflict Theory The law is controlled by the rich and powerful who shape its content to ensure their continued economic domination of society. The criminal justice system is an instrument of social and economic repression. Rational Choice Theory People will engage in delinquent and criminal behavior after weighing the consequences and benefits of their actions. Delinquent behavior is a rational choice made by a motivated offender who perceives the chances of gain as outweighing any perceived punishment or loss. Social Structure Theory A person's position in the social structure controls his or her behavior. Those in the lowest socioeconomic tier are more likely to succumb to crime promoting elements in their environment, whereas those in the highest tier enjoy social and economic advantages that insulate them from crime producing forces. Social Process Theory An individual's behavior is shaped by interactions with key social institutions, such as family, school, peer group, etc. Social Conflict Theory Human behavior is shaped by interpersonal conflict, and those who maintain social power use it to further their own interests. Developmental Theory Social interactions that are developed over the life course shape behavior. Some interactions, such as involvement with deviant peers, encourage law violations whereas other, such as marriage and military service may help people desist from crime. Psychodynamic Theory Criminals are driven by unconscious thought patterns, developed in early childhood, that control behaviors over the life course. Behavioral/Social Learning/Cognitive Theory Behavior patterns are modeled and learned in interactions throughout their growing stages with others, including family. Strain Theory Social structures within society may pressure citizens to commit crime. Cultural Deviance Theory Conforming to the prevailing cultural norms of society (usually lower class) causes crime. Lower class subculture has a unique set of values and beliefs, which are invariably in conflict with conventional social norms. Labeling Theory The theory of how the selfidentity and behavior of individuals may be determined or influenced by the terms used to describe or classify them. It is associated with the concepts of selffulfilling prophecy and stereotyping. Life Course Perspective A multidisciplinary approach to understanding the mental, physical and social health of individuals, which incorporates both life span and life stage concepts that determine the health trajectory. With this perspective, some people might say life is short, why not commit crime. Propensity Theory Propensity definition: A natural inclination or tendency Theory states propensity cannot be acted on unless the opportunity to do so exists. Consequently, theory states crime happens as a byproduct of people with low selfcontrol, who have high criminogenic propensities, coming into contact with illegal opportunities. Trajectory Theory A view of criminal career formation that holds there are multiple paths to crime. It explains the existence of different types of classes of criminals and measures different criminal paths. Criminal Law Purpose: Society needs laws to uphold fairness and prevent victimization of innocents Case Law The law as established by the outcome of former cases. Common Law Derived from these three historical things... 1. The Babylonian code of Hammurabi 2. Mosaic Code of the Israelites 3. Wergild Babylonia Code of Hammurabi The proportionate 'eye for an eye' tooth for a tooth'. Example: If he break another man's bone, his bone shall be broken. Mosaic Code of the Israelites The Ten Commandments Wergild A form of monetary compensation developed after the Dark Ages. Included two things... 1. Oath Helpers 2. Ordeals Oath Helpers When an offender made an oath to do something to compensate the victim, oath helpers made sure they held their end of the deal Ordeal A task or series of tasks an offender would go through to prove his/her innocence. Ex: "If you're truly innocent, put your hand on this hot iron and it won't hurt" Stare Decisis Latin for 'to stand by decided cases'. It is a legal principle that requires judges to base decisions on previously made judicial rulings similar to the case at hand. Mala In Se Refers to acts that society considers inherently evil, such as murder and rape, and that violate the basic principles of JudeoChristian morality. Mala Prohibitum Crimes created by legislative bodies that reflect prevailing moral beliefs and practices. Actus Reus An illegal act. The actus reus can be an affirmative act, such as taking money or shooting someone, or a failure to act, such as failing to take proper precautions while driving a car. Mens Rea Guilty mind. The mental element of a crime or the intent to commit a criminal act. 4 Types of Law 1. Substantive Criminal Law 2. Civil Law 3. Statutory Law 4. Public or Administrative law Substantive Criminal Law (aka Penal Law) Punishments for offenses for wrongs committed against the state or society Public order being violated, state against society. Believes the offender intended the harm to the whole of society **Composed of both statutory and case law** Civil Law Governs the relationship between parties, contains rules for contracts, divorces, child support/custody, etc. Ex: Suing someone is under civil law Criminal Law vs Civil Law 1. A Criminal Law proceeding involves the state versus an individual 2. A Civil Law proceeding involves an individual versus an individual 3. The level of proof in a criminal law proceeding is lower than the level of proof in a civil law proceeding Statutory Law Two types 1. Substantive Criminal Law 2. Procedural Law Procedural Law Specifies the methods used in enforcing substantive criminal law Administrative Law The body of regulations that governments create to control the activities of industries, businesses, and individuals Felony A criminal offense is punishable by death or by incarceration in a prison facility. Punishment is at least over 1 year. Misdemeanor A criminal offense that is punishable by incarceration, usually in a local facility Violations/Infractions A violation of local ordinances, like traffic violations or health code violations Offenses A violation of substantive criminal law Inchoate Offenses Offenses that have not been fully carried out (conspiracies, planning to commit) Concurrence The coexistence of Actus Reus and Mens Rea. All common law crimes show concurrence. The prosecutor must prove concurrence to prove a crime was committed. Strict Liability Illegal act whose elements do not contain the need for Mens Rea Ex: I own a chemical store and I'm required to dispose of the chemicals in a certain way, but instead I decide to go back and dump them into the grass. I am liable for the damage I'm causing society by having those chemicals seep into the aquifers, spread fumes, etc. 5 Other Principals a Prosecutor Must Prove 1. Causation 2. Harm 3. Legality 4. Punishment 5. Necessary Attendant Circumstances Causation Concurrence of a guilty mind and a criminal act that had to have caused harm. Different from concurrence because the offender with concurrence the criminal had a guilty mind and willingly committed the act anyway, where causation the guilty mind occurred after the act had happened. Harm This occurs in any crime, but some crimes are victimless Ex: Smoking cigarettes Legality Behavior cannot be criminal if no law exists that defines it as such Punishment The crime must have a matching punishment specified by law Necessary Attendant Circumstances "Facts surrounding the event that can be deemed as criminal". Criminal Defense Excuses Some acceptable excuses include age, intoxication, insanity, mental incompetence, etc. A defense consists of evidence and arguments offered by a defendant (and their attorney) to show why the defendant should not be held liable for a criminal charge. A criminal defense is based on refutation of the elements (Actus Reus or Mens Rea) of the crime. 4 Categories of Defenses 1. Alibi 2. Justifications 3. Excuses 4. Procedural Defense Alibi A statement/proof given by an individual charged with a crime that they were not there when the crime was committed, or were engaging in other activities proving that their participation in the crime was impossible. ***Different than all other defenses because it holds the truth that the defendant is TRULY INNOCENT*** Justifications A legal defense in which the defendant admits to committing the act, but claims it was necessary in order to avoid some greater evil. Included in this are.... self defense/defense of others/defense of home and property. This proves it was a necessity. Ex: Liam Neeson's movie Taken Procedural Defenses A defense that claims that the defendant was in some significant way discriminated against in the justice process or that some aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged. Procedural Defenses includes.... 1. Entrapment 2. Double Jeopardy 3. Collateral Estoppel 4. Selective Prosecution 5. Denial of a Speedy Trial 6. Prosecutorial Misconduct 7. Police Fraud 5 Insanity Related Defense Standards 1. M'Naughten Rule 2. Irresistible Impulse 3. Durham 4. Insanity Defense Reform Act 5. Substantial Capacity M'Naghten Rule Defines a person as insane if at the time they committed the act they "couldn’t tell right from wrong". Irresistible Impulse Defines someone insane if they committed a crime during a "fit of passion". Durham Rule States that "an accused is not criminally responsible if her unlawful act was the product of mental disease or defect". Insanity Defense Reform Act States that a person accused of a crime can be judged not guilty by reason of insanity if the defendant as a result of a severe mental disease or defect was unable to appreciate the nature and quality or the wrongfulness of his acts. Substantial Capacity Argues that insanity should be defined as a lack of substantial capacity to control one's behavior. Substantial capacity is defined as the mental capacity needed to understand the wrongfulness of an act or to conform behavior to the law. Tort Law A personal injury or wrong for which an action for damages may be brought. Juvenile Justice The area of criminal law applicable to persons not old enough to be held responsible for criminal acts. Juvenile law is mainly governed by state law. Delinquency Participation in illegal behavior by a minor who falls under a statutory age limit. Patria Postestas Latin for “power of a father" Power that the male head of a family exercises over his children and his more remote descendants in the male line, whatever their age. House of Refuge Reform Schools Institution for the treatment of juvenile delinquents, instead of having them incarcerated with adults. Progressive Movement The Chicago School was adopted during this time. The focus of criminology shifted from biological determinism to aggregate levelsocial factors that contribute to crime. Child Savers Movement Late 19 century reformers in America who developed programs for troubled youths and influenced legislation creating the juvenile justice system. Juvenile Court A court that has original jurisdiction over persons defined by statute as juveniles and alleged to be delinquents or status offenders. Acts as a surrogate parent to the delinquent Status Offender A juvenile who engages in behavior legally forbidden to minors, such as running away, truancy (stays away from school without permission), or incorrigibility (unruly behavior). Important Court Cases Regarding Juvenile Justice 1. Kent vs United States 2. In Re Gault 3. In Re Winship 4. McKeiver v Pennsylvania 5. Breed v Jones 6. New Jersey vs T.L.O. 7. Roper v Simmons Kent v. United States Established juveniles the right to an attorney In re Gault Established 5 basic rights for juveniles 1. Notice of charges 2. Right to council 3. Right to confront and cross examine witnesses 4. Right to the transcript of the trial record 5. Right of privilege against self incrimination In re Winship State must prove guilt beyond a reasonable doubt McKiever v. Pennsylvania Juveniles do not have right to a trial by jury Breed v. Jones Juveniles now have 5 amendment right, cannot be tried twice New Jersey v. TLO School officials have a right to search a child if they believe the child has broke any school rules, doesn’t have to be criminal Roper v. Simmons Execution of a juvenile is unconstitutional. If at the time they committed the crime they were younger than 18 it is unconstitutional Parens Patriae Latin term meaning 'father of his country'. According to this legal philosophy, the government is the guardian of everyone who has a disability, especially children, and has a legal duty to act in their best interests until they reach the age of majority. 6 Categories of Juveniles 1. Delinquent child 2. Undisciplined child 3. Dependent child 4. Abused child 5. Status Offender Delinquent A child who violates criminal law (i.e., who would have been criminally prosecuted had she been an adult at the time of offense) Undisciplined A child who is beyond parental control and refuses to obey any type of authority Dependant A child who has no parents or guardians to care for him or her Abused A child who suffers physical, emotional or sexual abuse from a parent or guardian Status Offender A juvenile who engages in behavior legally forbidden to minors, such as running away, truancy (stays away from school without permission), or incorrigibility (unruly behavior). Blended Sentence Types of sentences a judge orders to juveniles that are age/crime appropriate Types of Blended Sentences 1. Juvenile exclusive blend 2. Juvenile inclusive blend 3. Juvenile contiguous blend 4. Criminal exclusive blend 5. Criminal inclusive blend Private Police Hired by private contractors and businesses to protect the goods and services they posses/are selling Mutual Pledge System Consisted of these 4 things.... 1. Watch and Ward System 2. Justice of the Peace 3. Bow Street Runners 4. New Police Bobbies Watch and Ward Created to protect property, only watching at nighttime. Watchman report to the constable. This system mandated a draft for all eligible males to be a watchman. Institutionalized the "human cry"(if you hear a cry and do nothing you get criminally penalize) Mandated that citizens are required to keep firearms to answer to that call Statute of Winchester Started the watch and ward system Justice of the Peace Established in 1326 England, created to help the shire reeve in controlling the county; it alter took on judicial functions Bow Street Runners Created by Henry Feilden Only exercised their legitimate power New Police Two philosophies 1. Community policing 2. Problemoriented policing Tithings In medieval England, a group of 10 families who collectively dealt with minor disturbances and breaches of the peace. Hue and Cry In medieval England, a call for assistance. The policy of self help that prevailed in village demanded that everyone respond if a citizen raised a hue and cry to get their aid. If no assistance was given, it would be seen as criminal. Hundred In medieval England, a group of 100 families responsible for maintaining order and trying minor offenses. Constable In medieval England, an appointed official who administered and supervised the legal affairs of a small community. Shire Reeve In medieval England, the senior law enforcement figure in a county; the forerunner of today's sheriff. Peacemakers Sheriffs The chief law enforcement officer in a county History of Police 1658: First paid watchman in 1658 in NYC 1693: First police officer in NYC 1731: First neighborhood station in NYC 1838: First formal US Police Department in Boston International Association of Chiefs of Police (IACP) FIRST TO DO UCR Fraternal Order of Police (FOP) The police labor union. They don’t support strikes Wickersham Commission This commission had the biggest impact to end prohibition Law Enforcement Assistance Administration (LEAA) Government involvement in PD's, funnels funding from the government to each cities National Advisory Commission on Criminal Justice Standards and Goals Created in 1971 to formulate for the first time national criminal justice standards and goals for crime reduction and prevention at the state and local levels. Minnesota v. Dickerson Ruled when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon Interrogations The informationgathering activity of police officers that involve the direct questioning of suspect after an arrest is made. Hayes v. Florida The police violated the 4 amendment in this when they took an individual to the police station and fingerprinted him without his consent Winston v. Lee Decision which held that a surgical intrusion into an individual's body for evidence implicates expectations of privacy and security of such magnitude that the intrusion would be "unreasonable" under the Fourth Amendment, even if likely to produce evidence of a crime. Body Cavity Searches Either a visual search or a manual internal inspection of body cavities for prohibited materials (contraband), such as illegal drugs, money, jewelry, or weapons. Federal Law Enforcement Agencies 1. US Justice Department Includes.. a. FBI b. DEA (Drug Enforcement Agency) c. ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) d. US Marshals Service –tracks fugitives, protects officials, etc 2. Homeland Security Agencies a. Customs and Border Protection b. Coast Guard c. Secret Service i. Two functions of the Secret Service are protecting the president, and investigating counterfeit currency State Law Enforcement Agencies 1. Created primarily to address rural crime 2. Assistance to local agencies 3. Half of the states have comprehensive agencies 4. The other half are limited to highway patrol County Level Law Enforcement Agencies Functions are predominantly jail and prisoner functions, control the jail. 350k sheriff's employees, 183k are sworn officers Metropolitan Law Enforcement Agencies The majority of police officers are employed by these agencies. The policing task is as diverse with each community it serves. Core functions are... 1. Law Enforcement (reducing crime just by being present, investigations, etc) 2. Order Maintenance (resolving conflicts, 'keeping the police', pedestrian and traffic order, etc) 3. Service (aid individuals needing assistance, emergency health services, recruiting, training, crime resolution programs throughout schools) Evidence Based Policing Definition: “The use of the best available research on the outcomes of police work to implement guidelines and evaluate agencies, units, and officers.” LEAA funded a lot of research, which led to the tradition of scientific police management (using social science techniques to evaluate criminal activity and reduce citizen complaints). How does federal support for criminal justice research and evaluation continue? Through the National Institute of Justice (NIJ) and Bureau of Justice Statistics (BJS) Directed Patrol A patrol strategy that involves concentrating police resources in areas where certain crimes are a significant problem. Police Foundation Funded and started by the Police Development Fund in 1970 after the Ford Foundation established the Police Development Fund. Centralized Model One model of state agencies. All information regarding cases and arrests are sent to one main source Decentralized Model One model of state agencies. Clear distinction between types of crime prevention (traffic patrol portion is different than investigation portion of the PD) Police Role Involves more than catching criminals. A significant portion of an officers time is spent handling minor disturbances, service calls, and administrative duties. Police Function 6 Functions... 1. Patrol 2. Investigation 3. Community Oriented Policing 4. Problem Oriented Policing 5. Intelligence Led Policing 6. Support Fusion Centers A way to exchange information from a variety of sources. The departments 'nerve centers' Patrol Function "The backbone of American policing". Major purposes of patrolling include.. 1. Deter crime 2. Peacekeeping 3. Rapid response 4. Identify/apprehend violators 5. Provide aid 6. Facilitate movement of traffic/traffic accidents 7. Create a feeling of security within the community Proactive Policing Stopping crime before they occur, rather than reacting to a crime that has already occurred. Deterrent Effect Stopping or reducing crime by convincing would be criminals that they stand a significant risk of being apprehended and punished for their crimes Investigation Function Focuses on the causes of crime to identify suspects. 3 Prong Approach to Investigations 1. Specific focus 2. General Coverage 3. Informative Specific Focus Gathering evidence in the immediate crime scene General Coverage Interviews with family and friends of the victim Informative Using modern technology such as tracking cell phone calls, diaries, Facebook posts, etc Sting Operations An undercover police operation in which police pose as criminals to trap law violators Problems with Sting Operations? Increased potential for defendants to claim entrapment in court How do entrapment and sting operations differ? Entrapment would be selling drugs to someone, and then convicting them once they bought it. Sting operations would be asking someone to sell drugs to them, and then convicting them once they purchased Vice Squads Police officers assigned to a sting operation to enforce moralitybased laws, like prostitution, black market, etc. First Responders Police officers who are first on the scene and ordered to secure the crime scene and conduct preliminary investigations. ***Majority of cases are solved by First Responders*** Kansas City Study A year old experiment that studied preventative control (if the number of police patrols affected or did not affect crime rates). Findings 1. Citizens did not notice when the level of patrol was changed 2. Increasing/decreasing the level of police patrol had NO significance on crime rates 3. The rate at which crimes were reported to the police did not differ 4. Fear of crime was not affected by different levels of patrol, nor was citizen satisfaction with police Broken Windows Model "If there is a broken window in an area, it shows that the residents don’t care about the area they live in, leading to greater and more aggressive types of crime". 3 Assumptions Within Broken Windows Policing 1. Neighborhood disorder creates fear 2. Neighborhoods give out crime promoting signals 3. Police need citizen cooperation Community Oriented Policing (COP) A set of programs and strategies designed to bring police and the public closer together and create a more cooperative working environment between them. What is essential for COP to work? Getting more police out of patrol cars and on foot, community involvement, and changing police recruitment/training Problem Oriented Policing (POP) A style of police operations that stresses proactive problem solving, rather than reactive crime fighting Where is POP very effective? The hot spots of crime What issues arise from POP? Issue of displacement (which is when a hot spot of crime is moved because of new policing techniques). Intelligence led Policing (ILP) The collection and analysis of information to generate an intelligence end product designed to inform police decision making at both the tactical and strategic level Direct response of the terrorist attacks What does ILP heavily rely on? Heavily relies on confidential informants Support Function Includes... 1. Personnel 2. Internal affairs 3. Budget accounting and control 4. Dispatch 5. Crime analysis and laboratories 6. Training 7. Specialized crime prevention units Police Culture 1. Faces cynicism (people are motivated purely by selfinterest), blue curtain(belief that their occupation cuts them off from relationships with civilians), core beliefs 2. Loyalty counts above everything else, 3. "Impossible to win the war against crime if the rules aren't bent" 4. Members of the public are unreasonable demanding, unsupportive. Police officers tend to socialize with one another and believe that their occupation cuts them off from relationships with civilians. Police Personality Can be described as dogmatic, authoritarian, and suspicious. Since police are constantly exposed to dangerous situations and feel the need to use force and authority to defuse/control threatening situations, officers tend to develop cynicism. Policing Styles 1. The Crime Fighter 2. The Social Agent 3. The Law Enforcer 4. The Watchman Police Discretion The critical aspect that the individual police officer has the ability to make the call whether the offender be arrested, given a warning, or set free. Can involve selective enforcement of the law. Some factors affecting police discretion are... 1. Legal 2. Environmental 3. Departmental 4. Peer 5. Situational 6. Extralegal What is Crucial to Police Discretion? What does it mean? Emotional intelligence Defined as the ability to monitor one's own and others feelings and emotions, to discriminate among them and to use this information to guide one's thinking and actions. Electronic Monitoring Requiring convicted offenders to wear a monitoring device as part of their community sentence. Typically part of a house arrest order, this enables the probation department to ensure that offenders are complying with court ordered limitations on their freedom. Title 3 of the Omnibus Aka the Wiretap Act, prohibits the unauthorized, nonconsensual interception of "wire, oral, or electronic communications" by government agencies as well as private parties, establishes procedures for obtaining warrants to authorize wiretapping by government officials, and regulates the disclosure and use of authorized intercepted communications by investigative and law enforcement officers. Crime Control and Safe Streets Acts of 1968 Established the Law Enforcement Assistance Agency (LEAA). Set rules for obtaining wiretap orders in the United States. Problems of Policing 4 main problems... 1. Job Stress 2. Fatigue 3. Violence and Brutality 4. Corruption Corruption 4 types of corruption are... 1. Internal Corruption This corruption takes place among police officers themselves, involving both the bending of departmental rules and the outright performance of illegal acts. 2. Selective Enforcement or Nonenforcement This occurs when police abuse or exploit their discretion. If an officer frees a drug dealer in return for valuable information, that is considered a legitimate use of discretion; if the officer does so for money, that is an abuse of police power. 3. Active Criminality This is participation by police in serious criminal behavior. Police may use their positions of trust and power to commit the very crimes they are entrusted with controlling. 4. Bribery and Extortion This includes practices in which law enforcement roles are exploited specifically to raise money. Bribery is initiated by the citizen; extortion is initiated by the officer. Slippery Slope Perspective In regards to police corruption, it starts off with just a small 'turning of the head', then graduates to accepting bribes, and eventually cooperating with criminals. Excessive Force The application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject. Deadly Force Refers to the actions of a police officer who shoots and kills a suspect who flees from arrest, assaults a victim, or attacks an officer. Justification For the Use of Deadly Force Justification for the use of deadly force can be traced back to English Common law, death of the offender was saving the state from more victimization Knapp Commission According to the Knapp Commission, abusers can be classified into two categories... 1. Meat Eaters Aggressively misuse police power for personal gain by demanding brides, threatening legal action, or cooperating with criminals. 2. Grass EatersAccepts payoffs and lets other simple things slide when their everyday duties place them in a position to 'look the other way' Warrantless Searches Includes search incidents to lawful arrest, inventory, Terry searches, vehicle searches, and consented searches. Double Marginality The social burden African American police officers carry by virtue of being both minority group members and law enforcement officers. Tennessee v. Garner Held that when a law enforcement officer is pursuing a fleeing suspect, he or she may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others." Graham v. Connor “The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make splitsecond decisions about the amount of force necessary in a particular situation.” Basically stating, would a different officer in the same situation use the same amount of force COMPSTAT A program originated by the NYCPD that used carefully collected and analyzed crime data to shape policy and evaluate police effectiveness. Exclusionary Rule Provides all evidence obtained by unreasonable searches and seizures is inadmissible in criminal trials. Fruit of the Poisonous Tree A legal metaphor in the United States used to describe evidence that is obtained illegally Established from the court case of Silverthorne Lumber Co v. US Probable Cause The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant; less than absolute certainty or "beyond reasonable doubt," but greater than mere suspicion or hunch. Stop and Frisk Determined by Terry v. Ohio, the Supreme Court held that police officers can perform a stop and frisk when they have reasonable suspicion to believe criminal activity is afoot. Reasonable Suspicion Unusual behavior by a citizen that triggers an officers gut feeling that something is amiss. Miranda v. Arizona Established in 1966, states the police must give a person in custody the Miranda warning. This warning informs the suspect that they have the right to remain silent, if they make a statement, it can be used against them in court, they have the right to consult an attorney and to have the attorney present at the time of the interrogation, and if they cannot afford an attorney, one will be appointment by the state. Plain View Doctrine An exception to the warrant requirement which allows officers to seize items which they observe and immediately recognize as evidence or contraband while they are lawfully present in an area protected by the 4th Amendment. Good Faith Exception The principle that evidence may be used in a criminal trial, even though the search warrant used to obtain it is technically faulty, if the police acted in good faith and to the best of their ability when they sought to obtain it from a judge. Illinois v. Gates Established the "totality of circumstances" test in finding probable cause under the Fourth Amendment. Totality of circumstances definition: A totality of the circumstances standard suggests that there is no single deciding factor, that one must consider all the facts, the context, and conclude from the whole picture whether there is probable cause, or whether an alleged detention is really a detention, or whether a citizen acted under color of law Horton v. California The Fourth Amendment allows the warrantless seizure of evidence which is in plain view. US v. Leon Created the "good faith" exception to the exclusionary rule. Mapp v. Ohio Evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state/federal law criminal prosecutions Weeks v. US The warrantless seizure of items from a private residence is a violation of the Fourth Amendment. Silverthorne Lumber Company v. US Established 'fruit of the poison tree doctrine' Chimel v. California Police officers arresting a person in his or her home could not search the entire home without a search warrant, although they may search the area within immediate reach of the person. Harris v. US Local, not federal government, has the power to penalize crimes such as assault and murder. US v. Irizarry Officers cannot move evidence to find other evidence. Arizona v. Hicks The Fourth Amendment requires the police to have probable cause to seize items in plain view. Horton v. California Clarifies the plain view doctrine Terry v. Ohio Stop & Frisking is constitution if the officer has probable cause Arrest The act of taking an adult or juvenile into physical custody, by authority of law, for the purpose of charging the personal with a criminal offense, delinquent act, or a status offense, terminating with the recording of a specific offense. Latent Evidence Latent evidence is evidence at a crime scene that cannot be seen with the eyes. Ex: a fingerprint
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