Deterrence Notes, Notes from 9/6/16, and Chapter 3 Notes
Deterrence Notes, Notes from 9/6/16, and Chapter 3 Notes CJS 101
Popular in Introduction to Criminal Justice
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Date Created: 09/15/16
Introduction ● Police foster law compliance and provide an array of services that are not linked to crime ● Law enforcement image dominates the public face of the police ● When police actually use force is the essence of police discretion ● It is not possible to write a law, or rule, that will cover every possible situation the police might encounter ● Three primary responsibilities of police work: law enforcement, order maintenance, and service Law Enforcement ● Only one element of the law enforcement mission ● Police are far more likely to deal with crimes committed by people who are drunk, depressed, mentally ill, or simple overwhelmed by life stresses than they are with socalled master criminals (as seen on TV) ● Tense confrontations, takedown moves, and an enticing array of hightech weaponry and science seem to be the tools of the trade ● Greater tools are patience, good communication skills, and knowledge of human psychology ● Crime prevention ensures the safety of the community by denying criminals the opportunity to commit crime and by defusing volatile situations before they reach the point of violence ● Visible patrol on foot, in motor vehicles, on bicycles, or on horseback is seen as a means of preventing crime by deterrence ● Impression that police are always around discourages criminals from committing crime ● Officers help organize and support communitybased selfhelp activities, like Neighborhood Watch, to observe and report suspicious activity in the neighborhood ● Community involvement may range from supplemental citizen patrols to initiating court against landlords of properties where drug sales take place ● Patrol officers, school resource officers, Police Activity League volunteers, and others participate in a wide variety of communitybuilding activities, both on and off duty, to keep youngsters safe and to encourage lawabiding activities ● Skilled officers sometimes negotiate truces between rival gangs ● Officers host selfdefense workshops and conduct property surveys to help reduce individuals’ risks of victimization and make numerous referrals to social service agencies Order Maintenance ● Those who call for police interventions do not necessarily expect officers to make arrests, as long as they restore order ● Though arrests are possible, most incidents are resolved through other means: mediation, referral, or mere threat of arrest ● Police may have no legal authority in the matter (i.g., rent disputes) but may serve as referees ● Presence and authority act as a safety value Service ● Third function of the police ● Directions, assistance to disabled motorists, funeral escorts, administration of various kinds of permits, emergency relays of blood, checking vacant residences or looking in on vulnerable adults, aiding with traffic control at road construction and emergency scenes, and many more services provided by local police ● Trained to be generalists ● Called upon to answer an almost unimaginable array of different needs ○ Assisting in childbirth, breaking up fights, talking down suicidal “jumpers”, interviewing abused children, trading gunfire with desperate criminals, intervening in domestic arguments, assisting mentally ill and confused persons, and investigating corrupt police officers ● Officers frequently describe work as “long hours of sheer boredom, punctuated by moments of sheer terror” ● Much of officer’s life time is devoted to social work, helping people cope with life, occasionally resolving lowlevel problems, and building interpersonal relationships with the community The Role of Police in Society ● Scholars speak of three eras of American policing: Political Era, Professional Era, and Community Policing Era ● The 1960s: Crisis and Response ○ Four major social trends converged during 1960s and early 1970s; police played important roles in many of them ○ Social individualism was asserted in many ways ○ Individualism challenged reigning social mores ○ Most police were socially and politically conservative, viewing these developments with distaste and alarm, and often used extra legal tactics to suppress them ○ Mapp v. Ohio Fourth AMendment searchandseizure case extended the exclusionary rule to state courts in 1961 ○ Miranda v. Arizona in 1966 required the police to inform criminal suspecys in custodial interrogation of their Fifth Amendment rights against selfincrimination ○ Civil rights movement; news footage documented police violence against peaceful protesters to break up demonstrations ○ Federal law enforcement was often in opposition to local police during this era ○ Antiwar movement protesting U.S. military involvement in Vietnam began with drafteligible college students, who were initially marginalized as cowards, traitors, and communist sympathizers ○ Police ineffectiveness at curbing crime, insensitivity to civil rights, and isolation from the community produced a crisis of public confidence in the police ○ 1967 report of President’s Commission on Law Enforcement and the Administration of Justice found police were poorly educated, poorly trained, poorly equipped, and poorly led ○ Through the Law Enforcement Assistance Administration, government spent millions of dollars to improve police equipment and training ○ 1967 President’s Commission report contained a recommendation that there be three levels of police employment ○ Community service officers would be in uniform but unarmed and would be responsible for many of the “routine” activities now done by patrol officers: taking “cold” reports of crime, which constitute the bulk of the crime reported to the police; performing the community service functions; and carrying out some other limited duties ○ Police officers would be freed up to respond to inprogress calls for crime and disorder and would handle basic criminal investigations in which leads could be followed ○ Police agents would be investigative specialists and handle complex cases, much like detectives do now ○ Assumed employees would move from one level to the other with experience and demonstrated skill ○ Kansas City Preventive Patrol Experiment suggested that routine police patrol had almost no impact on crime, fear of crime, citizen awareness of the police, or citizen confidence ○ Multicity study of detective work revealed that most crimes were solved by, or on the basis of work done by, uniformed patrol officers; detectives mostly did the paperwork for court ○ New approaches to policing emerged in the late 1970s and early 1980s ○ Minneapolis Domestic Violence Experiment provided evidence that arrests had a greater deterrent effect on subsequent marital violence than police believed, forging a new police response to a widespread social problem ● Community Policing Era ○ Community policing model is a resurgent professional model that includes zerotolerance policing and CompStat model of administration ○ Each of the models looks to the socalled Broken Windows theory for legitimacy and to problem solving tactics ■ Central metaphor was the broken window that goes unrepaired, signaling that “no one cares” about an abandoned property and inviting further vandalism ■ Article advocated “ordermaintenance policing,” a focus on the “small things” that the police had traditionally overlooked because they were not serious felony crimes ■ “Broken Windows” became foundation for two distinct but complementary changes in police practice: problem oriented and communityoriented policing ● Problemoriented policing emphasizes analysis of crimes and situations, looking for patterns that may cross categorical lines ○ Seeks specific causes that may give rise to multiple events and fashions solutions to the causes, not symptoms ○ Extends beyond police service, integrating appropriate roles from other criminal justice, social service, and private agencies ● Communityoriented policing distinguishes itself from the older professional model in several ways ○ Recognizes that the police have responsibilities for a wide variety of non crime conditions, some of which may be criminogenic and some merely annoying ■ Broken Windows rationale linked qualityoflife issues to the potential for criminal incidents, making them legitimate police concerns ■ Police has been a powerful catalyst ○ Community policing includes community representatives in the decision making processes of the police department ■ Formal advisory boards at the agency and precinct levels help to establish priorities for action ■ Police participation in neighborhood meetings provides twoway communication of information and concerns ○ Ultimate goal of community policing is a safer community ■ Community policing proponents seek to build and maintain a community’s capacity to self regulate the conduct of its residents and visitors without resorting to the enforcement arm of the police except in extreme rare cases ■ As a philosophical umbrella, communityoriented policing stresses routine, mpme,ergency interactions between police officers and the communities they serve ■ By breaking down barriers of mistrust, this approach provides a sound foundation for mutual problemsolving efforts, helps develop critical information about individuals and conditions in neighborhoods, and ultimately leads to greater citizen participation in law compliance and crime prevention ■ Communityoriented policing has become a new label for old programs such as crime prevention, community relations, and even enhanced patrol ■ Clinton administration made a major commitment to advancing community policing during the 1990s ○ Many officers, supervisors, and agencies still consider law enforcement to be their primary mission ○ Professionally oriented police take their inspiration from New York City’s dramatic crime decrease in the mid 1990s ○ Police culture christened this approach zero tolerance after an earlier U.S. Customs drug interdiction program, under the catchphrase “If you take care of the little things [disorder], the big things [crime] will take care of themselves” ○ The zerotolerance version of ordermaintenance policing translates into “arrest as many people as possible for as many things as possible” ■ Allows police to focus on arrest ○ Zerotolerance campaign may help restore order in hardpressed areas, but it is not necessarily a longterm strategy that will restore community competence ○ CompStat was the use of weekly statistics as a basis for police operation, rather than simply responding to 911 calls ○ CompStat was promoted as a rational basis for police decision making and resource allocation ○ Compstat opened the door to more sophisticated use of information, a trend now known as intelligenceled policing ○ IntelligenceLed Policing ■ The police of the modern era are basing decisions more and more upon crime analysis and other data systems ■ Crime analysis has become more than the mere production of the yearend statistics ■ New York’s CompStat process was the first contemporary use of integrated statistics in real time ■ Expansion of criminal enterprises in a global economy has created demands for better information about conditions beyond local boundaries ■ War of terror has lead to the creation of fusion centers to collect, assess, and coordinate information about possible terrorist activities ■ Centers are also tracking the connections among other criminal enterprises as well: guns, drugs, gangs, human trafficking, child pronography, and many others Structure ● Police agencies have different mandates depending on their level of political authority, region of the country, and specific charter ● Government police agencies are authorized at local, trial, county, state, and federal levels ● Local ○ Legal jurisdiction is usually limited to the borders of the town or city that hires them, though there are exceptions ○ Fresh pursuit of a suspect, mutual aid compacts among municipalities, and being sworn in as special officers or deputies for other agencies all may extend police officers’ local authority ○ Most municipal police agencies are small ○ Many officers spend most of their careers doing patrol work ○ Increased specialization in the form of detectives, juvenile officers, SWAT members, and the like is possible in later career steps, as are promotions to supervisory positions ● Sheriff ○ County sheriff is one of the oldest police officers and in many states is authorized by the state constitution ○ Sheriffs serve all three branches of criminal justice: policing, courts, and corrections ○ Deputy sheriffs often start their careers in jails as correctional officers and work their way up to uniformed patrol and investigations ○ Sheriffs are elected officials in 48 of the 50 states ● County Police ○ County departments are responsible to the county executive or court council rather than to an elected sheriff ○ May have concurrent jurisdiction with municipal police agencies located within the county ○ Tend to concentrate on areas without other police resources, cooperating with the municipal departments when the need arises ● Constables ○ In many parts of the country, the old office of constable has been abolished or restricted to minor court and service duties ● Special Police ○ State laws authorize police forces for special limited purposes, such as railroads, college campuses, school districts, masstransit systems, and woodlands, and the like ○ Variation on the “special police” concept are the parttime officers who work for municipal, county, and sheriff’s departments in addition to their regular jobs ○ May work on either an hourly paid basis or as volunteers ○ May perform full police duties, especially in rural areas ○ Supplement regular police in support roles: directing traffic, providing crowd control at major events like concerts and fairs, and assisting in a variety of roles ○ Powers usually are less than those of fulltime officers ● State ○ State police functions take one of two forms ○ State police have standard law enforcement duties and general jurisdiction throughout the state ○ State patrols or highway patrols primarily enforce traffic laws on state highways; they have police powers and training but no general police jurisdiction ○ Some jurisdictions grant police powers to corrections employees, especially probation and parole officers ● Federal ○ Federal agencies have specific powers and jurisdiction under federal law and do now enforce state or local laws ○ There are more than 90 federal law enforcement agencies ○ Federal and state jurisdictions overlap as drugs, firearms, explosives, and bank robberies may all be part of an interstate or even international criminal enterprise ○ For these emerging problems, federal and state agencies coordinate their investigations through MultiJurisdictional Task Forces, usually under the direction of the regional U.S. District Attorney ○ Federal criminal justice agencies are grouped in three cabinetlevel departments: Justice, Homeland Security, and Treasury ○ Agencies with relevant missions were brought under the direction of a single agency ○ Creation of the DHS at the cabinet level combined many smaller federal enforcement functions under a single office ○ Created in 1908, FBI has a mandate to investigate approximately 200 federal crimes ■ Unless congress specifically designates jurisdiction to another agency ○ Criminal acts and conspiracies that cross state lines usually fall to the FBI ○ FBI crime lab provides forensic support for investigators throughout the nation, and the National Academy provides advanced training for state and local officers ○ DEA was established in 1973 combining several existing antidrug offices under the Justice Department ○ DEA has primary responsibility for coordinating national drug enforcement efforts and is the sole agency authorized to pursue overseas drug investigations ○ ATF (Alcohol, Tobacco, Firearms and Explosives Bureau) has powers based in the tax laws and other federal laws and regulations relating to alcohol, tobacco products, firearms, explosives, and arson ○ Secret Service was created in 1865 to investigate money counterfeiting ■ Protection of the president of the United States was added after the 1901 assassination of President McKinley ○ Marshals protect federal judiciary, transport federal prisoners, and protect endangered federal witnesses ○ Marshals also manage assets seized from criminal enterprises and may even run businesses until their sale under the asset forfeiture laws ● Tribal ○ U.S. Constitution recognizes Indian tribes as sovereign entities ○ Navajo nation is representative of the more developed agencies ○ Federal Bureau of Indian Affairs also has a separate police force for tribal lands ○ Trial police have jurisdiction over anyone on tribal land ○ Tribal jurisdiction over its own members may include traditional methods of dispute resolutions as well as the contemporary criminal and civil courts ● Private Police ○ Most are not “police” in the same sense or municipal officers because they do not have the authorization of law or general police powers that come with a sworn position ○ Uniformed and equipped in much the same way as their municipal counterparts ○ Private police forces are an augmented form of private security ○ They are first responders for alarms, exercise a qualified set of accesscontrol powers to limit visitors to the properties under contract, and sometimes handle disputers in much the same way that police patrol officers would ○ Private police provide a more systematic patrol presence for those who can afford their services ○ Private police relieve the pressure on local agencies to answer alarm calls ○ Private police level of training and range of duties are considerably greater than those of their predecessors ○ Private security forces now often work under contract for public police agencies, providing security at crimes scenes, guarding prisoners in hospitals, and even conducting background checks on potential new employees Organization ● Sworn officers in American police and law enforcement agencies are organized in a hierarchical form, with a chain of command conveying information from the front line to the administrative decision makers and conveying orders and information back down ● In larger departments, patrol officers report to shift supervisors (sergeants), who report to shift commanders (lieutenants), who report to precinct commanders (captains) ● Sworn Versus Civilian ○ In modern times, many departments employ civilians to perform tasks that do not require the extensive training and experience of a sworn officer ○ Records, dispatching, fleet maintenance, personnel and budget, and even crimescene investigations may be staffed by non sworn personnel ● Specialization ○ Best known are the detective or investigators, who do not answer calls ○ Their time is spent interviewing witnesses and following up on leads in unsolved crime cases ○ Detectives may specialize in a certain type of crime (homicide, burglary, robbery, sex crimes, and so forth) or conduct all kinds of criminal investigation ○ HAZMAT= hazardous material ○ Primary responsibilities are to observe and assist patrol officers or investigators and to coordinate efforts ● Geography ○ Officers patrol specific parts of town called beats ■ Responsible for answering all calls within that beat, as well as or preventing crimes and resolving problems ○ Larger agencies are organized into precincts containing several beats ○ Easier to manage smaller areas within a large city ○ Sheriff's departments may also be divided into different districts or may operate out of central office ○ Sheriffs offices may assign deputies to local municipalities, known as contract cities, for a specified number of hours according to a contract negotiated between the city and the sheriff ○ Phrase beat integrity refers to a policy of keeping officers assigned to one specific beat consistently in order to develop knowledge about the players and build relationships with the community ○ Officers may cross beat boundaries to assist other officers if necessary ○ State police agencies must cover entire states and organize into troops for the same reasons that police departments organize into precincts ○ Federal agencies responsible for national coverage organize into administrative regions and generally maintain officers in major cities ○ Federal agencies also work cooperatively with local and state agencies through regional task forces for various purposes ○ Shortterm task forces may devote their efforts on tracking down a serial rapist or a prolific bank robber ○ Longterm resources are devoted to organized crime such as racketeering, insurance fraud, illegal drug importation and distribution, human trafficking, and smuggling ○ Dispatch services and police coverage must be available 24 hours a day 7 days a week ○ Many different shift schedules ranging from the standard 40hour workweek of five eighthour days to the popular 410 and 312 shifts (four 10 hour or three 12 hour days) ○ Rotating shifts are where officers periodically change from days to evenings to nights, and steady shifts where work hours are determined by a seniority system or bid lottery ○ Overlapping shifts and “power shifts” provide extra presence during the active evening hours and on weekends ○ “On call” is when officers work their shifts and return home to sleep but can be called out again for an accident or some criminal incident ○ Investigators and crimescene technicians generally work day and evening shifts ○ Other support positions such as records, planning and research, personnel, and purchase and supply usually do not work around the clock or on weekends ■ Tend to be MondayFriday Police Work and Career Paths ● Municipal policing remains a singlepointofentry career ● Officers working in municipal departments being in patrol, doing shift work and answering a wide variety of calls ● Three basic career paths are possible: officers may remain in patrol for their entire careers; they may move from patrol into some specialty role, most typically as investigators or detectives; or they may follow a mixed career of supervisory promotions and specialty assignments that lead to administrative posts ● Sheriff's departments may have single or dualentry tracks ● Singleentry tracks mean that deputies began their careers working in the jails, unarmed, supervising prisoners ● Dualentry tracks mean that deputies hired for corrections functions are hired with an understanding that they will be working only in jails, and those seeking law enforcement positions apply direction for patrol positions ● Federal agencies have different requirements, depending upon their needs and mandates ● Because of the sensitive nature of its work, the FBI generally does not hire persons right out of college ● Border Patrol has expanded rapidly to meet the demands to secure the nation's borders; many college students have stepped direction into Border Patrol slots upon graduation ● The Hiring Process ○ Police academy is where you get training and state certification as a police officer ○ Persons seeking a police career may pay for their own preservice training before being hired, which may give them a competitive edge in the job market ○ Police recruits must pass a battery of tests to be hired ○ Written, psychological, and physical tests, as well as background checks for character and conduct, are standard in most areas ○ Some agencies require polygraph exams ○ FBI and DEA maintain their own specialized academies in Quantico, Virginia ○ All other federal agencies train their agents and officers at the FLETC in Georgia or Arizona ○ Two primary models for police training academies ■ Stressbased academies are run similar to military boot camps: they are residential and isolated from other groups; tend to concentrate heavily on physical fitness as both a goal and a form of punishment for minor infractions or errors; they incorporate military trappings such as marching in formation; and they interweave classroom instruction with practical, handson exercises ■ Campusbased academies are run in twoyear and technical college campuses, and the police academy curriculum is often part of an accredited associate's degree ■ Classroom instruction is augmented by practical exercises similar to those in stress academies, including mandatory state certification in firearms use and defensive/pursuit driving ● Field Training ○ Most departments have a fulltime Field Training Officer (FTO) program that provides the bridge between academy learning and autonomous authority in the field ○ Officersintraining ride with experienced officers who have a mandate to expose the rookies to as many situations as possible ○ Once the FTO program is complete, rookies may work independently, but must undergo an additional period as probationary employees ■ If their performance is poor, they can be released without any further action ■ If they pass their probationary period, they become fullfledged members of the agency ● Promotion ○ Requirements for being promoted to supervisory rank or to specialty positions vary widely ■ At the low end, seniority is still found in some departments ● Person who has been in the department the longest gets the next open position, regardless of his or her training, education, or general fitness for the job ■ At the other end of the spectrum are batteries of written tests, oral interviews, and assessment center tests ■ Few departments also incorporate a “promotability score” based upon past performance and supervisors’ assessments of the individual's skills that will be necessary for the new job ○ Criminal investigation often requires a longterm commitment to cases, interviewing people, following up leads, assessing physical evidence, and preparing affidavits for warrants and cases for court ○ Most police agencies have an investigative specialist position, usually called detective ○ In some agencies, detective is a rank and is considered a promotion about patrol officer ■ In others, it is considered an assignment and holds the same rank within the organization as a patrol officer ○ Criminal investigation is a prized assignment for many police officers ○ In smaller organizations, detectives are investigative generalists ○ In larger agencies, detectives are specialized, devoting their time to a single category of crime ○ Undercover assignments are a special type of investigation, where officers pretend to be criminals or “fringe players” in order to gather intelligence on criminal networks or to buy drugs and stolen merchandise ○ Sting operations are where police officers pose as criminal fences or drug dealers; john details are a variation used against street prostitution and cruising activities ○ Police officers pose as prostitutes in order to arrest “johns” who solicit them for sex ○ Internal Affairs, sometimes called the Office of Professional Responsibility, is the most specialized investigative function ■ Has responsibilities for investigating allegations of crime and misconduct by other police officers in the organization ○ Juvenile investigations is both an investigative unit specializing in juvenile crime and a support unit that works with social service agencies to get juvenile offenders back on the straight and narrow ○ Only few cities have fulltime SWAT or SRT squads, but many have trained personnel who can be mobilized into a team at need ○ Agencies near large bodies of water often have marine units for monitoring water traffic and for rescue ○ Many densely populated urban areas have police helicopter units for surveillance, search, and rapid deployment across wideflung areas ○ Training is a vital element of any agency for preparing new recruits, updating veterans on changes in law and procedure, and introducing new techniques and technologies to all members of the agency ○ School resource officers are similar to juvenile officers but work exclusively in the schools ○ Drug Abuse Resistance Education is a special form of school liaison, a national anti drug curriculum taught by uniformed police officers ○ Police officers have legal authority to handle different questions and requests and can provide technical knowledge of the criminal and procedural laws when needed Enduring Elements and Issues ● Police subculture is the views of the world shared by many police officers ● Police discretion, the use of force, corruption, handling of special constituencies, and relations with the community, particularly minority citizens, are all intertwined with this hardtodefine concept ● Police Subculture ○ Idea of a police subculture at odds with mainstream society stemmed from the politically charged era of the 1960s ○ Police opponents viewed the overwhelmingly Caucasian, almost entirely male police as racist, ignorant, authoritarian, and thuggish, completely out of touch with a changing society ○ Major scholars of the police of the 1960s drew a picture of police whose “working personality” was marked by concepts of danger, authority, and cynicism ○ Nature of their work meant dealing with people at their worst, handling problems of abuse and death on a regular basis, being personally reviled, and having their motives questioned ○ Police officers work within a moral framework as much as a legal one ○ Police culture adapts slowly and sometimes drudgingly to changes in the social and legal environment ○ Common to all of the concerns is the manner in which police exercise their discretion ● Police Corruption ○ Corruption is the use of the police position for personal gain ○ Also gives the police the power not to arrest, and indeed not to take action at all ○ In modern times, higher standards and better salaries have improved the police as a whole ○ Cases when the police themselves become criminals ■ Police shaking down drug dealers, confiscating their drugs, and selling the drugs themselves has been a problem in several cities ● Harassment ○ Racial profiling remains a continuing concern ○ Underlying assumption equating race with criminality was not borne out by the search results: drugs were found at equal rates in minority and white motorist cars ○ Fundamental objection is the use of race rather than behavior as a reason for initiating a police inquiry ● Improper Use of Force and Police Brutality ○ Power to use “nonnegotiable coercive force” in defense of the law and social order is vital to the police role ○ Most incidents are resolved without force ○ Can be subject to abuse ○ Two primary categories of abuse ■ Wrongful use involves using force for the wrong reason, such as to retaliate against a person for “disrespect” to the officer ■ Disproportionate use occurs when the level of force far exceeds the level of resistance or aggression of the subject ○ Police are required to protect the life and safety of those they use force against once the situation is brought under control ○ Force continuum begins with authoritative presence of the officer, moves through commanding voice and directions to the first actual application of physical force, a guiding push or firm grip to steer a person away from a particular point ○ Physical resistance from a citizen is required for higher levels of force, including pain compliance holds, devices like pepper spray and electrical shocks from stun guns, and the use of impact weapons like nightsticks ○ Deadly force is the final step, reserved for a narrowly defined set of circumstances ○ Federal funding has promoted the development of less lethal weaponry to assist the police in their mission while minimizing the risk of hard to officers, suspects, and bystanders ○ Police have the power to use deadly force only to save their own lives or those of a third party ○ A commonlaw “fleeing felon” rule allowed the use of lethal force to apprehend any accused felon ○ Blunt objects such as a baton or nightstick are also capable of inflicting deadly harm if used improperly or against the wrong target ○ Outcry led to protests against police across the country and was directly responsible for the assassination of two New York CIty police officers by a mentally disturbed Maryland man who set out to “put wings on pigs” by killing two officers for every citizen who died as a result of police action ● The Blue Wall of Silence ○ Cultural theme of feeling unappreciated and under fire combines with themes of danger and solidarity to create the blue wall of silence ○ Some police officers who know of wrongdoing by other police will not take action against them or provide information against them to investigators because of two things ■ First, police mistrust their superiors and fear being given disproportionately harsh punishment to set an example or to alleviate political pressure on their administrators ■ Second, they fear alienating their brother and sister officers, upon whom they depend for backup assistance in dangerous situations ● Policing the Police ○ Periodic scandals that arise from police misconduct are followed by public cries for police reform ○ Clear rules would be written, better training would be devised, and supervision would be stricter ○ Cyclical nature of police scandals has led people to question the ability of the police themselves ○ Because criminal convictions of police officers are difficult to obtain, aggrieved citizens and advocacy groups have pursued lawsuits against police agencies, asserting a pattern and practice of denial of civil rights ○ Federal Justice Department has moved against some police departments, using lawsuits to craft consent decrees that articulate specific changes the department must make ○ Federal intervention depends upon the willingness of the current administration to intervene ○ Residents concerned with police misconduct have begin to call for civilian review of police ○ Allegations of police misconduct are heard by boards composed entirely of residents or a mixture of residents and police officials ○ Conduct is judged based upon community expectations rather than just police practice ○ Judgements made are then based on whether or not the officer's conduct was in accordance with the law, with policy, and with community expectations of conduct ○ If discipline is recommended, typically the police chief is responsible for its administration ● Special Constituencies ○ Mentally ill are much more prominent on the streets of the nation in the wake of the deinstitutionalization movement in the 1950s that closed asylums and hospitals ○ Their behavior may be frightening to citizens, and some are potentially dangerous ○ Immigrant communities bring new languages, different social customs and expectations, and often antagonism toward the police based upon their experiences with extremely corrupt and brutal police in their homelands ○ Individuals are also vulnerable targets for criminals who take advantage of their inability or reluctance to communicate with the police ○ Community policing attempts to establish positive relations with immigrants are often in conflict with the federal laws and enforcement mandates to deport those illegally in the country ○ Elderly are also emerging as a new concern for police, who have to deal with issues such as Alzheimer’s disease, dementia, isolation, and loneliness Future Issues ● Technology also poses many new challenges for the police ● Computer fraud and identity theft are new forms for which most police agencies are not prepared ● Invasive technologies may soon be widely available, threatening traditional expectations of privacy ● Implanting chips, cloning, live humancomputer internet face, augmented reality systems, and many other issues will raise longterm and potentially profound changes that the police will have to face ● Drones raise considerable concerns over privacy ○ Have a proven capacity to transport uncut drugs across borders, and to carry contraband of various types (including cell phones and guns) over prison walls ● Other robotic constructs could use the ground or even underground tunnels for similar types of delivery ● Nanotechnology is developing at a rapid pace, with positive implications for medicine already demonstrated, but negative possibilities abound ● A 3D printed firearm has already been claimed ● Computer codes for constructing designer drugs, poisons, and explosives through molecular assembly are a different threat ● Legislatures have changed their mandate to the euphemistic “community control,” releasing thousands of prisoners well before their sentences have been completed ● Social expectations are also changing ● The nation's punitive drug laws are under attack as too harsh, wrongly applied, and the wrong approach to the problems of drug abuse ● Impact of globalization upon the economy, laws, and social expectations of the nation has not fully been realized ● Globalization is a longterm force with shortterm ripples ● “War on terror” may be a shortterm problem, but it has longterm implications for civil rights and civil liberties ● Technology has implications for both and presents an even more uncertain future as the definition of what it is to be human is determined Routine Activities Theory ● Motivated offender ● Suitable target ● Absence of capable guardian ● Example: burglary ○ Motivated offender: needs money ○ Suitable target: house likely to have valuable, portable items ○ Lack of capable guardian: no alarm, no dog, no one home Vila’s GEEP: The General EvolutionaryEcological Paradigm 1. Criminal Propensity ○ The tendency to use FORCE, FRAUD, or STEALTH to achieve desired end 2. Motivation for Crime 3. Opportunity for Crime Criminal Propensity: Person Factors ● Biology ● Personality ● Examples: ○ Low verbal intelligence ○ Poor problem solving ability ○ Low selfcontrol (hyperactivity) ○ Psychopathy, callousness ○ Low arousal (e.g., low heart rate) ○ Low serotonin levels Criminal Propensity: Broad Domains ● Learned beliefs, values, motivations,etc ● Emotionality ○ Ability to regulate emotion ○ Chronic negative emotional states ● Intelligence and executive function ○ Ability to make good decisions and carry them out ● Longterm bonds to others, to society Criminal Propensity: Knowledge, Habits, Skills ● Learning Theories ○ Skills, attitudes, motivations ■ Parental criminality ■ Peer and sibling delinquency ■ Neighborhood subculture ● (e.g., Code of the Street) ■ Media messages Family Factors Influence All Domains of Criminal Propensity ● Parent characteristics ○ Parent Criminality → Learn Criminal Values ● Parenting ○ Abuse and Neglect → Negative Emotionally, Poor Emotion ○ Parental Rejection Regulation ○ Low Parental Sensitivity (Attachment Behavior) → Low Social Bonds ● Sibling Delinquency and Abuse Criminal Propensity: Intelligence and Executive Function ● Partly genetic ● Partly due to environment ○ Stimulation → verbal ability, problem solving, developed in ○ Verbal interaction interaction with caretakers ● Influences the toxins, stressors, etc. Social Bonds: Social Control Theory ● Social Control Theory ○ Bonds to Family ○ Bonds to School ○ Bonds to Community ● Prosocial Bonds NEGATIVELY CORRELATED with Criminal Activity Criminal Propensity: Bonds to Others ● Longterm Attachments ○ To parents ○ To school ○ To the community ● SOCIAL BONDS ○ Part of “Criminal Propensity” ○ Also part of “Criminal Motivation” Aside: Criminal Propensity and Child Development ● Early events ● Attachment, parental warmth ● Trauma ● Environmental stimulation ● Neuronal Development is SUBTRACTIVE ○ Young children LOSE synapses that are not used Criminal Motivation: Finances and Financial Opportunity ● Some people have more REASON to commit crime than other people ● Poverty Classical Strain Theory ○ Absolute deprivation ● Inequality ○ Relative deprivation ● Unemployment/Blocked Economic Opportunity Criminal Motivation: Other Sources of Strain ● General Strain Theory ○ Negative experiences ○ Failure to achieve desired goals ○ Loss of positive stimuli ● Emotional Component of Some Criminal Activity ○ Back to poverty… ○ … Inequality ○ … Discrimination Criminal Opportunity: Suitable Target ● Economic Development and Theft ● Urban Places and Violent Crime ● Neighborhoods ○ Deviant friends ○ Gangs ○ Low information social control Guardianship ○ Urban design Criminal Opportunity: Guardianship ● Witnesses, neighbors ● Police presence ● Locks, security lighting ● CCTV ● Involved parents and relatives ● Home security system, dog Philosophy of Deterrence ● Offenders should be punished ● Goal of punishment should be to prevent crime ● “The consequences of committing the crime consist of rewards… and punishments; the consequences of not committing the crime… also entail gains and losses. The larger the ratio of the net rewards of crime to the net rewards of non crime, the greater tendency to commit the crime.” WIlson & Herrnstein, 1985 Choice Theory Rewards for Crime Punishments for Crime Rewards for Non Crime Punishments for Non Crime ● What are the “rewards” of crime? ● What are the “punishments” of crime? Deterrence Theory ● Criminal Justice Theory ● Exploit Human Rationality ● Threaten Consequences Reminder: Cesare Beccaria ● 1700s ● Theorist ● Rejected harsh punishments of the 18th century ○ Advocated proportionate punishments ○ Just harsh enough to deter potential offenders ○ Laws should be clearly written, known in advance, specifying punishments for each crime type Two Types of Deterrence ● Specific Deterrence ● General Deterrence Conditions ● Aspects of Punishment that can enhance its effectiveness: ○ Certainty ○ Severity ○ Swiftness ■ “Celerity” Operant Conditioning ● B.F. Skinner ○ Positive reinforcement (rewards) ○ Punishments Are Offenders Rational? ● Why do people commit serious crimes when they know they could go to prison? Kleiman ● Offenders prone to certain ways of thinking ○ More risk taking ○ More present oriented → Certainty of Punishment is LOW → Long Delays Before Court ■ Temporal Myopia ● Reality of our System Severity of Punishment ● United States ○ Severe punishments ○ High imprisonment rates ● Severe Punishments Prevent Crime ○ Up to a point ○ Only when offenders expect to be caught Perceived Punishment ● Function of certainty and severity ● Perceived punishment= Certainty x severity ● Nagin: “... certainty of apprehension, not the severity of ensuing legal consequences, is the more effective deterrent. This conclusion has important policy implications among which are that lengthy prison sentences and mandatory minimum sentencing cannot be justified on deterrence.” Celerity of Punishment ● Swiftness ● Not much research ● Psychological research on learning ● Weisburd et al., 2008 ○ The “miracle of the cells” Communicating Threats ● EXILE, Virginia ● Carpool Violation, California ● Operation Ceasefire, Boston ● Kleinman drug market example ● General Deterrence better than Specific Deterrence ○ Stop focusing on CATCHING people Traffic Cameras ● Sign or no sign? ● Red Light research, Washington DC Tax Evasion ● Do people get caught? Punished? Kleinman Recommendations ● Every nontrivial violation of the law should lead to a nontrivial deprivation of liberty ● Punishment should happen soon ● Make probation mean something ○ Threat of probation should deter crime
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