Criminal Justice Exam 2 Review
Criminal Justice Exam 2 Review CJUS 2100
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This 8 page Study Guide was uploaded by Aubrey VanDrie on Sunday February 28, 2016. The Study Guide belongs to CJUS 2100 at University of North Texas taught by Jordan Winkler in Spring 2016. Since its upload, it has received 228 views. For similar materials see Crime and Justice in the U.S. in Criminal Justice at University of North Texas.
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Date Created: 02/28/16
EXAM 2 STUDY GUIDE CHAPTER 4 The Responsibilities of the Police 1. Enforce laws- This is viewed as the primary role, but police spend little time in this capacity 2. Providing services- Police spend most of their time servicing the community 3. Preventing crime- In part with preserving the peace 4. Preserving the peace- “handling the situation” Historical background and Modernization of American Police o Crime control was not the focus of the early American police departments. Instead they were focused on controlling certain groups of people, maintaining health and sanitation, and managing livestock and animals. o Political Era (1840- 1930) - Patronage system (form of corruption), the police were often more concerned with serving the interests of the political powers than with protecting the citizens. o Reform Era (1930- 1980) - Professional model of policing was promoted, salaries and working conditions improved, women and minorities were hired, no focus on public relations. o Professional model- a style of policing that emphasizes centralized police organizations, increased use of patrol cars, and a limitation of police discretion through regulations and guidelines. o Community Era (early 1980’s) - o Compounded by civil unrest, police departments developed units devoted to community relations. o Figure 4.1 in book o Intelligent-led policing- behavior is not as random as we think, therefore we can rely on data concerning past crime patterns to predict future ones (measurement of risk). o Behavior is not as random as we think, can rely on data o There is the need to focus scarce resources to prevent crimes that are relatively uncommon. o Difficult task of gathering info about crimes before they happen. Police Officer Recruitment and Training o Probationary period- a period of time at the beginning of a police officer’s career during which she or he may be fired without cause (often 6-18 months). o The police academy is run by either the state or a police agency, the new recruits are taught the laws of search, seizure, arrest and interrogation. o Field training- the segment of a police recruitments training in which he or she is removed from the classroom and placed on the beat, under the supervision of a senior officer. o Basic requirements of most agencies to become a police officer: 1. Be a U.S. citizen 2. Not have been convicted of a felony 3. Have or be eligible to earn a driver’s license in the state where the department is located 4. Be at least 21 years of age 5. Meet weight and eyesight requirements (Also extensive background and drug tests) Public and Private law enforcement o For the most part, these law enforcement agencies operate on three different levels: local (sheriff, county coroner), state (state police/highway patrol), and federal (department of homeland security, etc.), as discussed before. o Common responsibilities of sheriff and county law enforcement include: 1. Investigating drug crimes 2. Maintaining the county jail 3. Carrying out civil and criminal processes within county lines, such as serving eviction notices, etc. 4. Collecting taxes 5. Enforcing orders of the court o The most visible state law enforcement agency is the state police and highway patrol, which were created to assist local police agencies, investigate criminal activities that crossed jurisdictional boundaries, and to provide law enforcement for rural areas. o Federal law enforcement agencies have been authorized by congress to enforce certain laws or attend to specific situations. o Comprising 22 federal agencies, the Department of Homeland Security coordinates national efforts to protect the United States against international and domestic terrorism. Federal law enforcement agencies under this department include: 1. U.S. Customs and Borders Protection- federal agency responsible for keeping undocumented immigrants, illegal drugs, and drug traffickers from crossing our borders. 2. U.S. Immigration and Customs Enforcement- Enforces the nation's immigration and customs laws, including detaining undocumented immigrants and deporting them and disrupting human trafficking operations. o While CBP covers the borders, ICE covers everything else. 5. The U.S. Secret Service- created in 1855, was primarily responsible for combating currency counterfeiters. Later, it was given added responsibility of protecting the president, the president's family, the vice president, and other important political figures. 4. The U.S. Coast Guard- safeguards the maritime interests of the United States and the environment around the world. 5. The Transportation Security Administration- They may assist you with questions or concerns about travel tips and information on filing a claim for items that were damaged or lost during a TSA screening. 6. The Federal Emergency Management Agency- Disaster relief. o The U.S. Department of Justice which was created in 1870, is the primary federal law enforcement agency in the country which enforces federal criminal law and supervises the federal prisons. Important agencies under this department include: 1. The Federal Bureau of investigation- the branch of the Department of Justice responsible for investigating violations of federal law. 2. Drug Enforcement Administration- federal agency responsible for enforcing the nation's laws and regulations regarding narcotics and other controlled substances. 3. The Bureau of Alcohol, Tobacco, Firearms and Explosives- concerned with the illegal sale, possession, and use of fire and the control of untamed tobacco and liquor products. o Both a private security and a municipal police officer’s primary duty is the prevention and deterrence of crime, but one difference is that if a police officer is shot and killed in the line of duty it's a capital offense. If a security officer like him were to die the same way it could be manslaughter. Licensed security officers are not sworn police officers but may carry out some of the same duties. CHAPTER 5 Police organization and Field operations o One of the main functions of police is the police patrol, every department has a patrol unit and it is usually the largest division of the department. o Patrol activities include: 1. Maintain presence in community 40% 2. Calls for service 25 % 3. Administration duties (paperwork) 20% 4. Officer-initiated interactions with citizens 15% o Police investigation is the second main function of the department. o Investigative work is reactive o Detectives are the primary police investigator of crimes. Promoted from patrol officer, most of their time is spent investigating property crimes. Other general tasks include collecting and securing evidence from crime scenes, conduct interviews with suspects and witnesses, observe the activities of suspects, obtain warrants and arrest suspects and prepare cases and testify in court. o Aggressive investigative policing strategies are able to be implemented if detectives suspect that a crime is likely to take place. Police are able to set up a “sting” operation so that the suspect may be arrested in the act of the crime. o Using confidential informants, setting up undercover work, and extensive efforts to combat domestic terrorism all fall under the category of “aggressive” investigation strategies. o Clearance rate- A comparison of the number of crimes cleared by arrest and prosecution with the number of crimes reported during any given time period. o Two categories of crime scene forensic evidence: 1. Trace evidence- generally very small in size, requires technological aid for proper detection. This includes hairs, fibers, blood, fingerprints, broken glass, etc. 2. Ballistics- The study of firearms and its application to solving crimes. o DNA fingerprinting using a suspects DNA emerged in the mid-1990’s and has replaced fingerprint evidence in many types of criminal investigations. This provides a “blue-print” match of any one suspect, which is different than any other (except for identical twins). o The ability to “dust” for such genetic information on such a wide variety of evidence has greatly increased the chances that a crime will be solved. Police strategies: What Works o These six police strategies have attempted to improve departmental efficiency: 1. Calls for service- Having a quick response time and being efficient in all aspects is a crucial role of crime fighting. 2. Patrol strategies- The use of “random patrol” is increasingly felt to be an efficient use of law enforcement resources as to prevent crimes from happening in the first place. In contrast, “directed patrol” targets specific areas of a city and attempts to prevent a specific type of crime. 3. Predictive policing and crime mapping- Finding and using hot spots (concentrated areas of high criminal activity) and mapping crime allows police departments to use geographical information systems that could lead to more arrests. Data is analyzed to predict future crime patterns. 4. Arrest strategies- Reactive arrests are those arrests made by police officers, usually while on general patrol, who observe a criminal act or respond to a call for service. Proactive arrests occur when police take the initiative to target a particular type of criminal or behavior. 5. Community policing- Policing philosophy that emphasizes community support for and cooperation with the police in preventing crime. 6. Problem-oriented policing- Policing philosophy that requires police to identify potential criminal activity and develop strategies to prevent or respond to that activity. Issues in Modern Policing o Police subculture- Rookies begin the process of socialization from the first day on the job o Socialization is the process through which officers are taught the values and expected behavior of the police subculture. These values and perceptions are shared by members of a police department. o Rituals to a police officer’s acceptance: 1. Attending a police academy 2. Using force for the first time 3. Witnessing major traumatic incident for the first time 4. Making the initial felony arrest 5. Witnessing or using deadly force for the first time o Blue curtain- Refers to the value put on secrecy and the general mistrust of the outside world shared by many police officers o Types of force: 1. Reasonable force- The degree of force that is appropriate to protect the police officer or other citizens and is not excessive. 2. Deadly force- Force applied by a police officer which is intended or likely to cause death. o Use of deadly force is justifiable under the 4th amendment, when a law enforcement officers 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, or to prevent the imminent commission of a forcible felony. Police misconduct and Ethics o Three basic categories of police corruption are as follows: 1. Bribery- When a police officer accepts money or other forms of payment in exchange for favors. 2. Shakedowns- An officer attempts to coerce money or goods from a citizen or criminal. 3. Mooching- When a police officer accepts free “gifts” for possible favorable treatment. o Ethical dilemmas are defined as a situation in which law enforcement officers do not know the right course of action, have difficulty doing what they consider to be right, and/or find the wrong choice very tempting. o The mechanisms for investigation within a police department is internal affair units. The police chief or an internal affairs officer may conduct this type of investigation when complaints of wrongdoings are received. o Citizen oversight- The process by which citizens review complaints brought against individual police officers or police departments. Surveillance of police officers through increased use of smart phones and body cameras. o The law provides rigid guidelines for how police officers must act and how they cannot. Police officers many time use discretion to determine how they should act in any given situation. o Police officers are generally considered trustworthy and are then assumed to make honest decisions. o Experience and training has given officers the ability to determine whether certain activities pose a threat to society and to take any reasonable actions necessary to prevent such acts. This is what gives police officers discretionary powers. CHAPTER 6 The Fourth Amendment o Prohibits against unreasonable search and seizures with requirement of probable cause to issue a warrant/ make an arrest. o Reasonableness includes logic, practicality, sensibility, intelligence, and plausibility. o The exclusionary rule- Any evidence obtained illegally or in violation of the accused’s rights will not be admissible in court. Lawful Searches and Seizures o Understanding privacy is a crucial concept in understanding search and seizures law. o A search is a governmental intrusion on a citizen’s reasonable expectation of privacy while a seizure is the forcible taking of a person or property in response to a suspected violation of the law. o Supreme Court ruled that the 4th amendment protects people, not places. o A search warrant is a written court order issued by a judge that authorizes police to search a certain area. The warrant must describe the place to be searched and the things to be seized o This places a heavy burden on law enforcement in preparing an affidavit (a written statement of facts). o Contraband in plain view can be seized o Plain view doctrine- Legal principle that object in plain view of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced as evidence. o Warrantless searches can be lawful when police are in “hot pursuit” of a suspect or when they search bags of trash left at the curb for regular collection. They may also be allowed while searching for weapons and evidence held by someone who has just been arrested. o Searches with consent are the second most common type of warrantless search. Citizens give voluntary consent to the search of their person, home, or personal belongings. In this case, police don't need reasonable suspicion/probable cause. o Justice Harlan formulated the "reasonable expectation" test for determining whether government activity constitutes a search. This two prong test for determining the existence of privacy considers that: If the individual "has exhibited an actual (subjective) expectation of privacy", and society is prepared to recognize that this expectation is (objectively) reasonable, then there is a right of privacy in the given circumstance. The U.S. Supreme Court case, Katz v. United States, established this standard. Stops and Frisks o A stop requires reasonable suspicion, but is not an arrest, and is mainly used for questioning. o A frisk is a pat down (outside of clothes) to discover weapons and is conducted for the safety of him/herself and the community. o Stop and frisks may lead to an arrest but is not one in and of itself o Devices that allow law enforcement agencies to expand their capabilities with a significant increase in personnel stops and frisks are governed by defining reasonable suspicion, police discretion, and the totality of the circumstances. o Terry v. Ohio- Expanded the right of police officers to "stop and frisk" individuals whom they deem to be suspicious. At the same time, it set limits on the conditions under which such a stop could take place. Arrests o The four elements of an arrest: 1. The intent to arrest 2. The authority to arrest 3. Seizure or detention 4. The understanding of a person that they have been arrested o Arrests without a warrant are allowed if the offense is committed in the presence of the officer or if the officer has probable cause to believe the crime was committed by a particular suspect. o An arrest is different from a stop in a stop isn’t an arrest but rather it’s an interaction in which the citizen isn’t necessarily accused of a crime but also isn’t free to leave. o The knock and announce rule- Common-law principle, incorporated into the Fourth Amendment, which requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door prior to a search. o A police officer is not required to knock and announce if doing so would be unreasonable, for example if there is a risk of injury to the police officer executing the search warrant or a risk of the occupants destroying the sought-after evidence between the police officer's knock and his or her entry. The interrogation process and Miranda o Miranda warning is intended to protect us under the 5 amendment and is required when: 1. A suspect is in custody 2. Arrest or when a reasonable person would not feel free to leave (during a stop and/or frisk) 3. Custodial interrogation
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