Intro CJ - Exam 2 Study Guide
Intro CJ - Exam 2 Study Guide 11979
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This 7 page Study Guide was uploaded by Alexis Tate on Thursday September 29, 2016. The Study Guide belongs to 11979 at Appalachian State University taught by William Post in Fall 2016. Since its upload, it has received 42 views. For similar materials see Intro Criminal Justice in Criminal Justice at Appalachian State University.
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Date Created: 09/29/16
INTRO CJ–E XAM 2S TUDY G UIDE Key Terms: 1. Directed Patrol-a policemanagement strategy designedto increasethe productivity of police officers through scienceand evaluation of patrol techniques 2. Sheriffs-electedchiefofficerofacountylawenforcementagency 3. Kansas CityExperiment: i. 15 districts;5werenotpatrolledbypolice,5had extra,and5 werenotchanged ii. Results: presenceofpoliceofficersdidnotaffectcrimerates iii. Responsetimehadlittleeffectoncitizensatisfaction 4. Chain of Command- unbrokenlineofauthoritythatextendsthroughalllevelsofan organization 5. CommunityPolicing- "A collaborativeeffortbetweenthepoliceandthecommunitythat identifiesproblemsofcrimeanddisorderthatinvolvesallelementsofthecommunityinthe searchforsolutionsoftheseproblems" 6. PoliceDiscretion –theopportunity for police officers to exercisechoice intheir enforcement activities 7. PoliceProfessionalism –the increasing formalization of policework and the accompanying rise inpublic acceptance ofthe police 8. CompStat- acrimeanalysisandpolicemanagementprocess,builtoncrime-mapping,developed by theNYPDin themid-1990s (revealshotspotsofongoingcrime) 9. SolvabilityFactors- informationaboutacrimethat formsthebasisfordeterminingthe perpetrator'sidentity 10. PoliceSubculture –a particularsetof values,beliefs,and acceptableforms ofbehavior characteristic of American police. Socialization into the policesubculture begins with recruit training and continues thereafter 11. Arrest –the actof taking a person into custody by authority of lawfor the purpose of charging the person with a criminal offense 12. Good –Faith Exception –exception to exclusionaryrule, officers who conducted a searchand seized evidence basedon “reasonable good faith” were ableto useevidence even though search may have been declared illegal later(i.e.error informat of application of warrants) 13. Plain ViewDoctrine –officers canconfiscateevidence without a search warrant that is in visiblesight;officers must legallybein the right to view evidence –created by Harris v. U.S. (1968) 14. ProbableCause –a set of facts andcircumstances that would induce a reasonably intelligentand prudent person to believethat a person committed a crime; policeneed to prove this in order to geta search warrant 15. ReasonableSuspicion –beliefbasedon consideration of the facts athand and on reasonable inferences drawn from those facts,that would induce an ordinary person to believe criminal activity is taking placeor ha occurred 16. CivilLiability –potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a lawsuit 17. Deadly Force–force likelyto causedeath or great bodily harm; “intentional useof firearm or other instrument resulting in a high probability of death” 18. Excessive Force –application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject 19. PoliceWorking Personality–all aspects of therational values and patterns of behavior evidenced by policeofficers who have been effectively socializedinto the police subculture 20. RacialProfiling (Biased Policing)–anypolice-initiatedactionthat relies on the race, ethnicity, national origin, sexual orientation, gender, or religion,rather than: 1. The behavior of anindividual 2. Information that leads the policeto a particular individual who has been identified as being or having been engagedin criminal activity Important Facts: I. Chapter 5 a. NewPolice-formedin1829 underSirRobertPeel.Becamethemodelformodern-day policeforcesthroughouttheWesternWorld i. Peelhad1000 handpickedmenservetheLondonMetropolitanService(MPS) akaMet. b. 1910 - AliceStebbensWellswasfirstfemalepoliceofficerintheworldservingLas AngelesPoliceDep. c. 1918 - DorothyMoses,firstfemale toholdhighadministrativepost d. 1891 - WileyOvertonfirstAfrican-Americanofficer e. FBI i. Focusesonwhitecollarcrime,terrorism,andcybercrime f. State LevelAgencies i. assistlocaldepartmentsincriminalinvestigations ii. OperatecentralizedIDbureaus iii. Maintaincentralizedcriminalrecordsrepository iv. Patrolhighways v. Provideselecttrainingformunicipal&countyofficers g. Local Agencies i. Patrol ii. Solvecommunityissuesandcrime h. Private ProtectiveServices i. Officersworkona contractualbasisforacompany II. Chapter6 a. Law EnforcementMission i. Enforceand supportlaws ii. Investigatecrimesandapprehendoffenders iii. Preventcrime iv. Helpensuredomesticpeaceandtranquility v. Providethecommunityw/neededservices 1. Onlyabout10-20% of allcallsto thepoliceinvolvesituationsthat requirealawenforcementresponse b. Broken WindowsModelofPolicy -litterand abandonedbuildingssuggestlawsarenot enforcedwhichinvitescrime c. Fivecore operationalstrategies i. Preventivepatrol ii. Routineincidentresponse iii. Emergencyresponse iv. Criminalinvestigation v. Problemsolving d. Ancillaryoperational Strategy - SupportServices e. PolicingStyles i. Watchman StylePolicing-styleofpolicingthatisconcernedwithorder maintenance;foundinlower-classcommunitieswherepoliceinformally intervene ii. LegalisticStylePolicing-hasstrictconcernwithenforcingthepreciseletterof thelaw.Laissez-faireapproachtodisruptiveorproblematicbehaviorthatdoes not violatecriminallaw iii. ServiceStylePolicing-concernedwithhelpingratherthanstrictenforcement; morelikelytousecommunityresources(treatmentprograms)tosupplement traditionallawenforcementactivity iv. CommunityPolicing-"Acollaborativeeffortbetweenthepoliceandthe communitythatidentifiesproblemsofcrimeanddisorderthatinvolvesall elementsofthecommunityinthesearchforsolutionsoftheseproblems" 1. Fourelementsofcommunitypolicing a. Communitybasedcrimeprevention b. Reorientationofpatrolactivitiestoemphasizetheimportance of nonemergencyservices c. Increasedpoliceaccountabilitytothepublic d. A decentralizationofcommand,includingagreateruseof civiliansinalllevelsofpolicedecisionmaking i. Examples:neighborhoodwatches,solvingconcernsof thecommunity(litter,noiseviolations),working togethertosolveacrime III. Chapter7 a. Chief JusticeEarlWarren (1891 – 1974) i. Accelerated process of guaranteeing individual right ii. Pushed for 14 amendment iii. Miranda v. Arizona (1966) – rights advisement iv. Weeks v. U.S (1914) – Freemont Weeks was charged federallyfor selling lottery tickets through mail. Investigators took personal belongings and evidence without searchwarrant 1. Created exclusionary rule – evidence illegallyseizedbypolice cannot be usedin trial v. Silverthorne Lumber Co.v. U.S. (1920) – caseagainsttheSilverthornes (owners of a lumberyard) was built on illegallyseizedevidence.Evidence was not usedin courts but evidence derived from it(its fruit) was used to convict vi. Created fruit of the poisonous tree doctrine – a legal principlethat excludes from introduction at trial any evidence later developed as a result of an illegal searchorseizure b. Chief JusticeWarren E.Burger (1969 –1986) i. Focuses on greater good ii.Took awaystrict application of exclusionaryrule iii. Created: 1. Good – Faith Exception – exception to exclusionaryrule, officers who conducted a searchand seizedevidence based on “reasonablegood faith” were ableto use evidence even though searchmay havebeen declared illegal later(i.e.error in format of application of warrants) 2. Probable Cause –a set of facts andcircumstances that would induce a reasonablyintelligent and prudent person to believe that a person committed a crime; police need to prove this in order to geta searchwarrant c. Chief JusticeWilliamRehnquist (1987 –2005) i. Conservative view, limited exclusionary rule ii. Harris v. U.S. (1968) 1. PlainView Doctrine –officers can confiscateevidence without a searchwarrant that is invisiblesight;officers must legallybein the right to view evidence d. Searches i. Emergency Searches – searchconducted by police without warrant which is justifiedby some dire need 1. Justifications: a. At time of probable cause,there was a beliefthat evidence was concealed on the person b. There was an emergency threat of destruction c. Officerhad no prior opportunity obtain a warrant d. Action was no greater than necessaryto eliminate threat of destruction of evidence ii. Arrest 1. “Free to leavetest” 2. Probable causeis the basic minimum necessaryfor an arrest under any circumstances 3. Search Incident to an Arrest –warrantless searchof an arrested individual conducted to ensure the safetyof the arresting officer 4. Terry v. Ohio(1968) – permitted a brief stop and friskbasedon reasonable suspicion iii. Vehicles 1. Must have probable causeto searchwithout a warrant only if time and circumstance don’t permit a warrant 2. MichiganDepartment of State Policev. Sitz (1990) – checkpoints are allowed as long as itis inthe interest of protecting the community 3. Illinois v.Lidster (2004) –roadblocks for seeking information about a crime is permitted iv. Suspicionless Searches 1. Compelling Interest – negates the rights of individuals for suspicionless searches whenpublic safetyis at stake 2. Suspicionless Searches –only allowed ifthe officer has compelling interest; searches conducted on a person not a suspicious ofa crime e. Exceptionsto Miranda i. Inevitable Discovery Exception to Miranda 1. Nix v.Williams (1984) –inevitable discovery exception means evidence, even ifgathered inappropriately, canbe used ifit would have turned up in normal events ii. Public Safety Exception to Miranda 1. New York v. Quarles (1984) –public safetyinterest overrides need to advisesuspects of rights IV. Chapter 8 a. PolicePersonality and Subculture i. Know the definition of “policesubculture” and “policeworking personality” ii. Two sources of PolicePersonality 1. Components of policepersonality already existin some individuals (usuallycome from a conservative background) 2. Socialization into the policesubculture that rookie officers experience when they are inducted into the ranks b. Corruption and Integrity i. Policedealing with contraband aremore susceptibleto temptations 1. Could be dealing with financial issues 2. Social pressures ii. Ethics training is taught to both rookies and veterans iii. Highmoral standards areembedded in the principles of policeprofession and effectivelycommunicated to individual officers through formal training and peer group socializations c. Professionalismand Ethics i. Know the definition of “policeprofessionalism” ii. Policeprofessionalismplaces important limits on discretionary activities of individual enforcement personnel and help gainrespect from the public d. Education and Training i. Required hours of training for new officers: 1. 881 in statepoliceagencies 2. 965 in county departments 3. 883 in municipal departments 4. 719 in sheriffdepartment ii. BLET 1. Training program for officers required by most departments iii. FTO 1. On hands experience for new officers e. DangersofPoliceWork i. lineof duty deaths averagebetween 100 and 150 per year ii. not in the top ten deadliestprofessions f. Stressand Fatigue i. 5 most stressful job ii. Causes: 1. Frustration brought by inabilityto be effective 2. Arrests may not leadto convictions 3. Evidence may not be allowed in court 4. Imposed sentences may seeminadequate 5. Repeat offenders constantly doing injusticeto innocents iii. Suicide rate of police officers is twicethat of general population iv. “Macho” attitude prevents some officers to seekhelp and causes them to deny the stress v. Two Types of Personalities dealing with stress: 1. Type A: Believelifeis basedon pressure and performance. Those who can’t handle pressure will fail 2. Type B: More laidbackand less likelyto sufferfrom stress vi. Reduction of Stress: 1. Humor in dark situations/keeping emotionally distant 2. Exercise,meditation, diets,prayer, etc. 3. Stress-filtering abilities 4. Must distinguishbetween truly threatening situations with appropriate reaction g. Use ofForce i. Officers shouldonly usethe amount of force that is reasonableand necessarygiventhe circumstances facing them ii. 43.5 million people have interactions with officers in a 12-month period 1. 1.6% of people (approximately 700,000) become subject to useof force h. Deadly Force i. Tennesseev. Garner (1989) – useof deadly force on a fleeing felon is only justifiedwhen there is a reasonablethought there was a significant threat to the officer or the public ii. About 400– 600 incidents per year iii. Suicide by cop about 10% of policeshootings i. PoliceDiscretion i. PoliceDiscretion – the opportunity for policeofficers to exercisechoicein their enforcement activities ii. Officers usuallydecideto giveminor/first time offenders warnings j. RacialProfiling i. Initiallyused on drug couriers ii. Different from behavior profiling 1. Makes use of a person’s demeanor, actions,bearing, and manner to identify anoffender before he can act k. CivilLiability i. Malley v.Briggs (1986)– officer who effects an arrest or conducts a searchwarrant that was improperly issuedmay be liablefor monetary damages ii. Biscoev.Arlington County (1984) – officers canbe sued for actions deemed negligent; no high speedchases inurban areas iii. Cityof Canton, Ohio v.Harris (1989) –superiors’ failure to properly train officers can become the basis forlegal liabilityon the part ofthe municipality iv. Two types 1. State a. Suits canbe brought againstofficers,superiors,and/or the department b. Most common civil suits arefor assault,battery, false imprisonment, and malicious prosecution 2. Federal a. Sovereign immunity is embodied in the Federal Tort Claims Act (FTCA) i. Broad immunity to federal government agencies engagedin discretionary activities b. Federal Agents areprotected by Federal Employees LiabilityReform and Tort Compensation Act of 1988 (Westfall Act)
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