Crime Control Policies
Crime Control Policies Crm J 330
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Popular in Criminal Justice
Criminal Justice 320
Dae 'Janae Anderson
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Crm J 330- Crime Control Policies
Dae 'Janae Anderson
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Crm J 205: Realizing Justice in a Multicultural Society
Dae 'Janae Anderson
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verified elite notetaker
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Presidents and criminal justice policy making Executive officers 0 Mayors o Governors o Presidents 0 Article 2 section 2 of the US Constitution I Commander in chief I Granting reprieves and pardons I Making treaties I Nominating and S 39 u I 1 rr and other iepi quot of the 0 Beyond enumerated powers I Agenda setting Agenda Setting 0 recognizes a problem and establishes goals and sometimes priorities Shull l9895 0 Private issue gt public problem gt issue gt systemic agenda gt institutional agenda 0 Systemic agenda consists of all issues that are commonly perceived by members of the political community as meriting public attention and as involving matters within the legitimate jurisdiction of existing governmental authority Institutional agenda that set of items explicitly up for the active and serious consideration of authoritative decisionmakers Presidential Agenda Setting 0 State of union address 0 Other public speeches 0 Public papers 0 presidential agenda re ects public union 0 presidential agenda in uences public opinion Presidents and crime 0 Crime has been on the agenda of every single president since Kennedy 0 What varies is no the agenda as much as the solution 0 Content analysis of crime related speeches from Kennedy to Bush Sr 0 Democrats sent more proposals t o congress 0 Republicans mentioned crime in speeches more 0 More crime speeches in election years 0 Crime equally high on agenda for both parties 0 Drugs law enforcement and grants were the top three issues Other Presidential In uence 0 Leading legislative process 0 Proposes new laws to congress 0 Positions himself on proposed laws 0 Veto 0 Appointment Power 0 Cabinet members 0 Bureaucratic leaders o Judges Supreme and federal courts 0 Attorney and solicitor general 0 Grant pardons 0 Set up commissions and task forces 0 Issue executive orders Symbolic Politics 0 Giving the appearance of taking action through language and even proposed legislations but not providing any tangible results 0 Symbolic politics can serve 3 goals 1 Reassurance threat I Reassurance bad people kept off streets I Threat don t offend 3 times or you ll be locked up forever 2 Education I General I Moral 3 Model for the states establishes template for states to follow Federalization of Crime PreKennedy Administrations 0 Hoover and the Wickersham Commission 1929 0 Creation of a national crime statistics compilation procedure Inventory of the cases of crime Better police training Better prosecutors offices Better lower criminal courts Streamlined criminal procedure Provision of counsel to unrepresented defendants OOOOOO Kennedy 0 Organized crime 0 Robert Kennedy 0 Increased jurisdiction of Justice Dept 0 Juvenile crime 0 President s committee on juvenile delinquency and youth crime 0 Job training employment and education 0 Legal counsel to defendants 0 Office of criminal justice Johnson 0 Grantsinaid to support local and state law enforcement 0 President s commission on law enforcement and the administration of Justice 0 Identify the root causes of crime and better understand the function of the CJ system 0 The Challenge ofa Crime Free Society 0 Federal involvement 0 Organized crime drug use gun sales DC law enforcement 0 Great Society programs antipoverty and education 0 Omnibus crime control and safe streets 0 Creation of the law enforcement assistance administration The Challenge of a Crime Free Society 0 Assumptions 0 Crime results from inadequate social institutions and a lack of economic opportunity 0 Offenders persist because of their lack of integration into socially supportive structures 0 Criminal justice agencies can promote public safety best by improving services to offenders o Communitybased agencies should be first resort and prisons a last resort 0 Recommendationsmostly organized 0 Less prison more community alternatives Shorter sentences Better prison conditions Improving coordination of government services to the disadvantaged groups Increasing the use of volunteers paraprofessionals and exoffenders Eliminating barriers to employment for exoffenders Adopting the Model Penal Code 0 What happened 0 Nixon took crime away from the experts and threw it in the public s lap o Martinson report 1974 o Attica prison rebellion 1978 000000 Nixon 9Tough on crime 9Expanded federal role 0 War on drugs creation of DEA o Tougher law enforcement o Tougher sentencing o Prolaw enforcement 0 Supported no knock and stop and frisk searches 0 Proposed 0 Revision of federal criminal code 0 Victims rights 0 Saturday night specials restrictions 0 Juvenile Justice 0 Created the office of Juvenile Justice and Delinquency Prevention 0 National institute fro Juvenile Justice and Delinquency Prevention Carter 9Liberal crime control ideology 9Low priority of crime 0 Gun control 0 Manufacture assembling distribution felony with gun nbanned Saturday night specials 0 Closed down wasteful LEAA Reagan 9Tougher on crime 9Focus on law enforcement and punishment 0 Victims rights 0 Task force on victims of crime 0 Prison reform 0 Criminal code revisions 0 Gun ownership 0 Drugs GHW Bush 0 Drugs 0 Increase mandatory prison sentences 0 Death penalty for major drug traffickers o Omnibus anticrime bill 0 Change in exclusionary rule 0 Death penalty 0 Habeas corpus appeals o Insanity defense 0 Tough penalties for gun crimes Clinton 9Conservative liberal 0 Brady Bill 0 Hate crimes prevention act 0 Violence against women act 0 Violent crime control and law enforcement act of 1994 0 Most conservative expansive expensive crime bill ever passed by a Democratic administration 100000 cops plan More prisons Drug courts Domestic violence Immigrants gangs Expanded federal death penalty Mandatory minimumsi3 strikes OOOOOOO GW Bush 9Compassionate conservative 0 Drugs 0 International and domestic approaches 0 Enforcement and treatment 0 Death Penalty 0 Expansion of DNA evidence use 0 Second Chance Act of 2008 o Reentry programs for offenders being released from prison 0 Patriot Act 0 Department of Homeland Security Legislative Criminal Justice Policy Making Powers 9US Constitution Article 1 o Enact legislation necessary to social order 0 Legislation can prohibit behaviors prescribe punishment identify procedure Agenda setting Provides funding Evaluates programs Creates and oversees criminal justice agencies 0 Department of Justice CIA FBI US Marshal s service 0 Oversees executive o Overtuming presidential vetoes ro rejecting presidential nominees Basics 0 Congress lasts 2 years 1 session per year 0 Each congress starts with a blank slate of proposals and rules 0 House of Representatives 0 Elected every 2 years 0 2 year terms 0 Proportional representation 0 Congressional districting based on US Census 0 Senate 0 Staggered elections of one third every 2 years 0 6 year terms 0 2 senators per state Formal Legislative Criminal Justice Policy Making 0 Schoolhouse rock How a bill becomes a law 0 Mr Smith goes to Washington How to propose a bill 0 Reality check Senate Committee hearing on VAWA 0 Congressional committees 0 House committees 0 Senate committees Theories of Law Formation o Consensus 0 Con ict 0 Political culture 0 Pluralism Hyperpluralism Elitism Symbolic politics Important Pieces of Legislation Omnibus crime control and safe streets act of 1968 Juvenile delinquency prevention and control act of 1968 Juvenile justice and delinquency prevention act of 1974 Justice system improvement act of 1979 Omnibus victim and witness protection act of 1982 Comprehensive crime control act of 1984 Federal victims of crime act of 1984 Antidrug abuse act of 1986 Antidrug abuse act of 1988 Crime control act of 1990 Brady Handgun control law of 1993 Violent crime control and law enforcement act of 1994 Violence against women act of 1994 Tile IV of VCCLEA SeX crimes against children prevention act of 1995 Victim rights clari cation act of 1997 Child abuse prevention and enforcement act of 2000 USA Patriot act of 2001 Mentally Ill offender treatment and crime reduction act of 2004 Telephone records and privacy protection Act of 2006 Judicial Criminal Justice Policy Making A dual Court system State court systems 0 Violation of state laws 0 Lower courts 0 Trial courts 0 Appellate courts 0 Supreme courts Federal Court systems 0 Violations of federal law Article 3 of the US Constitution District courts Circuit courts 0 o o 0 Supreme court Supreme Court of the US Article 3 of the US constitution 0 Original jurisdiction I Cases involving ambassadors maritime disputes land grants litigation between the US and the states and between 2 or more states 0 Appellate jurisdiction I Over federal cases 0 Marbury v Madison 0 Judicial review 0 Evaluating the constitutionality of decisions made by other branches of government I Norm enforcement validation I Policy making interpretation Current SCOTUS 0 Visual history of the supreme court of the US 0 Justices 0 John Roberts Chief Justice 2005 GW Bush 0 Antonin Scalia 1986 Reagan 0 Anthony Kennedy 1988 Reagan o Clarence Thomas 1991 GHW Bush 0 Ruth Bader Ginsburg 1993 Clinton 0 Stephen Breyer 1994 Clinton 0 Samuel Alito 2006 GW Bush 0 Sonia Sotomayor 2009 Obama 0 Elena Kagan 2010 Obama Political Power and Limitations 0 Power 0 Appointments for life 0 Decisions often applying to a much wider population than just the people involved in the case 0 Judicial activism or judicial policy making versus judicial restraint I Interpretation vs literalism 0 Limitations 0 Limited range of actions 0 Stare decisis 0 Narrow frames 0 No enforcement power Some Policy Making Cases 0 Mapp v Ohio 1961 o 43911 amendment searches and seizures exclusionary rule 0 Gideon v Wainwright 1963 o 1 amendment right to counsel indigent defendants o Escobedo v Illinois 1964 o 63911 amendment right to counsel 0 Miranda v Arizona 1966 o 5Lh amendment protection against self incrimination o 63911 amendment right to counsel 0 In re Gault 1967 0 Juvenile justice due process 0 Terry V Ohio 1968 o 43911 amendment stop and frisk o Furman V Georgia 1972 o 8Lh amendment capital punishment cruel and unusual Death Penalty 0 Furman V Georgia 1972 o Gregg V Georgia 1977 0 Since then mostly narrow opinions concerning speci c topics 0 Recently multiplication of stays 0 Switch in lethal injection 0 EVolution of the court 0 EVolution of public opinion Election Campaigns and Criminal Justice Policy Making Why does crime matter on the trial 0 There are 2 types of political issues 0 PositionalsubstantiVe Two sided issues you need to take a position Examples abortion death penalty PersonalValance Onesided issues eVerybody agrees 0 Crime bad puppies and rainbows good 0 Crime is both substantiVe and Valance O O O O Interest groups and criminal justice policy making What are interest groups 0 Formal grouping of people sharing a common goal and aiming to in uence public policy pertaining to their area of interest 0 Known as special interest groups or lobby groups 0 From their hanging around in lobbies on the hill Senate House Willard Hotel 0 There are seVeral types of interest groups 0 Single Versus multiple issues 0 Consumer Versus secondary Theories of Law formation 0 Madison identi ed protointerest groups as important in the g0Veming process 0 Consensus 0 Con ict 0 Political culture Pluralism Hyperpluralism Elitism Symbolic politics Interest Groups activities 0 Problem identi cation agenda setting policy formulation policy evaluation 0 Education I Research dissemination mass media individual legislators committee hearings stakeholders etc I Lobbying the courts and bureaucrats ling suits amicus curiae and Brandels briefs o Mobilization I Press conferences mailing campaigns etc 0 Funding I Specific voterinitiatives political campaigns etc Examples 0 Education 0 ACLU in the media I CBS via AP 0 ACLA in the courts I Kansas 0 NRA in the media 0 NRA in the courts I San Francisco 0 Mobilization 0 ACLU o NRA 0 Funding 0 Washington s Initiative 1183 0 Presidential elections I Federal election commission I Center for responsive politics Criminal Justice Interest Groups American bar association American civil liberties union Brady campaign to prevent gun violence Drug policy alliance Families against mandatory minimums Fraternal order of police Mother against drunk driving National association of attorneys general International association of chiefs of police National center of institutions and alternatives National against 1 39 39 39 39 quot National organization for the reform of Marijuana laws National organization for victim assistance National ri e association Second amendment foundation The sentencing project Students against drunk driving 39u Bureaucratic Criminal Justice Policy Making What are Bureaucracies 0 Government agencies 0 At the federal level 0 Created by Congress headed by an official appointed by the President and confirmed by the Senate 0 Major criminal justice bureaucracies I Department of Justice I Department of Treasury I Department of Homeland Security 0 At the state and local levels I Law enforcement corrections public housing etc o Streetlevel bureaucrats 0 Perform tasks on a daytoday basis 0 Seek stability resist change Roles and Powers 0 Policy Implementation 0 Hiring personnel 0 Obtaining funds 0 Creating programs 0 Issuing regulations 0 Settle administrative disputes o Disseminate information 0 Conduct research Educate legislative executive and judicial branches Shape political agendas Draft policies Testify at Congressional hearings 0000 Organizational Theories 0 Downs 1967 o Bureaucracies are large and employ many people 0 Full time employees rely on their jobs for a paycheck O 0 Personnel are hired promoted and retained based on merit Employees develop a sense of personal loyalty to the organization 0 Weber 1922 0 000000 Bureaucracies have speci c set rules on procedures Hierarchical structural organization Written documents serve as permanent records Administrative expertise Division of labor Formal and informal intraagency communication networks Operations are performed impersonally Checks on Bureaucratic Powers 0 Congressional checks 0 O O O Appropriation example LEAA Auditing GAO Nomination Creationreorganizationlegislation Investigation 0 0 Judicial checks 0 Judicial review 0 Executive checks 0 O O 0 Appointment and removal of senior personnel Oversight Creation of executive offices Agenda setting Criminal Justice Bureaucracies 0 Judicial branch 0 0 Federal judicial center United States Sentencing Commission 0 Executive branch Department of Justice 0 0000000 00 Attorney general Bureau of alcohol tobacco and rearms Bureau of prisons Drug enforcement administration Federal bureau of investigation Marshals service Office of community oriented policing services Office of Justice Programs I Bureau of Justice Assistance I Bureau of Justice statistics I National Institute of Justice I Office of Juvenile Justice and Delinquency Programs I Office of Victims of Crime Office of Pardon Attorney Solicitor General 0 Executive branch Homeland Security 0 Immigration and Customs Enforcement I Formerly Customs and Border Protection and Immigration and Naturalization Services 0 Secret Service 0 Executive branch Of ce of National Drug Control Policy 0 Drug Czar 0 Legislative branch 0 General Accounting Of ce Chapter 3 Chief Executives and Criminal Justice 0 Chief executive top elected official of a jurisdiction 0 Federal levelpresident 0 State levelgovemor 0 Local levelmayors or equivalent officials 9all of these regardless of their position in uence criminal justice in many ways 0 Executive branch the state level 0 Governor is the head the state s highest elected official and chief executive of terms I Run for election and usually serve for 4 year terms I Have many of the same powers and responsibilities as presidents o Propose legislation to state legislatures 0 Make budget requests 0 Sign legislation into law 0 May veto legislation 0 Grant pardons to offenders under certain circumstances I State of the state address 0 They define the issues facing the state and the direction they plan on running their states bureaucracies I Appoint heads of state departments or divisions of corrections I Sometimes lobby congress for funding and for the adoption of other policies that will benefit their states NGA 0 Executive branch the local level 0 Mayor is the head I Some of the same responsibilities as presidents amp governors o Often appoint personnel such as the chief of police and wardens of local jails o Oversee city administrative offices I Help shape crime policy in their cities 0 Executive branch the federal level 0 President is the chief executive I Many roles in in uencing criminal justice I Powers described in article 2 section 2 of the US Constitution 0 Commander in chief of the army and navy o Granting reprieves and pardons 0 Making treaties o Nominating and appointing ambassadors amp other representatives of the US I Vast powers that have not been specifically defined I Presidents have a major in uence on criminal justice policy 0 They place crime issues on their agendas 0 Section 3 Article 2 requires that presidents must address congress and present the programs or policies they plan on undertaking in the upcoming year o Chooses agenda based on what he thinks the public wants addressed President has responsibility to act as a leader in the legislative process and propose laws to Congress Appoint re or ask personnel to resign o Judges 0 Cabinet and subcabinet leaders 0 Head of FBI 0 Attorney general Grant pardons Power to veto any legislation Set up advisory commissions panels or task forces to advise him on speci c issues including crime Issue executive orders Presidential Actions on Crime Control PreKennedy Administration Crime control limited because crime was mainly an issue under the authority of individual states Federal government was involved to a signi cant degree with law enforcement legislation and research Federal law enforcement agency 0 I Established in 1908 by attorney general to the primary investigative aim of the US government I Investigates crimes such as treason taX evasion and espionage o Marshals Service I Oldest law enforcement agency in the US Established in 1789 Responsibility of guarding the federal courts apprehending federal fugitives operating the Federal Witness Security Program and transporting federal prisoners Crime control was so limited because of the fear of a national police force Herbert Hoover was the first to recognize crime as a problem that warranted attention 0 Addressed prohibition which seemed to be the cause in increase in violent crime 0 Created the National Commission on Law Observance and Enforcement in 1929 I Created to carry out rst survey of American criminal justice system I Judge Wickersham was the head Called for higher education in the causes of crime and a need to improve police training and the operation of the prosecutors of ce expand counsel to unrepresented defendants Roosevelt was Hoover s successor 0 Repealed prohibition Eisenhower 0 Rise in crime 0 Proposed grantinaid program that was federally supported to help local governments 9 wasn t able to get it passed Kennedy Administration 1961 1963 0 Was the rst to place crime control high on the federal govemment s agenda 0 Limited to 3 areas 0 Organized crime I Concern stemmed from Robert Kennedy s involvement in the McClellan committee s Senate hearings I Robert Kennedy expanded the investigations of organized crime by the Justice Department I Proposed 8 laws 0 Outlaw interstate travel or the use of interstate facilities to establish promote deliver the proceeds of or commit a violent crime to further illegal gambling liquor narcotics or prostitution businesses Outlaw the shipment of firearms to or by any felon Make it a crime to ee across state borders from prosecution Outlaw the interstate transportation of all types of gambling machines 0 Juvenile crime I Concern stemmed from his belief that it was important to stop criminal activity by youth before they became too enmeshed in criminal behavior to get out I Proposed job training employment and education programs to keep youth away from involvement in criminal behavior I Created President s Committee on Juvenile Delinquency and Youth Crime 0 Intragovemmental committee whose mission was to coordinate federal activities and to develop programs to be funded upon the establishment of a new federal grantinaid authority 0 Providing legal counsel to defendants I Concern with the ability of all people regardless of income to be provided with adequate legal counsel if accused of a crime I Proposed to provide legal representation for indigent criminal defendants 0 Created new unit called the Of ce of Criminal Justice to design new ways to improve the administration of justice 0 Instrumental in defining and expanding the federal govemment s role in crime control Johnson Administration 19631969 0 Wanted to continue the policies originally begun by Kennedy but also had to respond to the criticisms made of him during the 1964 election that he was too soft on crime New consensus that president must be involved more in crime control Problem was the lack of reliable info about crime and criminal justice Twofold response 0 Small grantinaid program was developed to help improve state and local law enforcement o A presidential commission was created to study and make recommendations about the crime problem Policies centered around the belief that crime control was primarily a state concern but that the federal government should be involved in 4 primary areas 0 Organized crime 0 Illicit drug use 0 Regulation of gun sales 0 Law enforcement activities in the District of Columbia Great Society Programs 0 Treated poverty disease illiteracy discrimination unemployment housing and slums as the breeding grounds of crime The Challenge ofa Crime Free Society 0 Did not recommend a get tough approach but focused instead on the importance of crime prevention and of noncriminal justice institutions such as the churches and schools which were viewed as the keys to improving social conditions 0 Called for basic changes in operations of police schools prosecutors employment agencies defenders social workers prisons housing authorities and probation and parole officers Omnibus Crime Control and Safe Streets law of 1968 0 Most comprehensive federal crime control package in the history of the US 0 Provided the basis for the new Law Enforcement Assistance Administration LEAA grant program Nixon Administration 1969 1974 Shift in position Conservative republican Criminal behavior resulted from a voluntary choice made by the offender and the offender should be punished rather than treated Swift conviction and harsh punishments Initiating war on drugs 0 Promising to enlist international cooperation as well as to deploy more narcotic agents 0 DEA created 0 lst war on drugs launched Federal funding under LEAA was expanded Ford Administration 1974 1977 Reassure public that illegal behavior of Nixon Admin Didn t involve him Continuation of Nixon Admin In crime control policy Most crimes committed by report offenders Supported legislation to revise federal criminal code and legislation to increase the rights of the victims of crime financial compensation Not in favor of federal registration of guns but was in favor of increased restrictions on sale of cheap handguns Saturday night specials Supported 2quotd amendment right to bear arms o Called on Congress to enact mandatory prison sentences 0 Thinking this would serve as deterrent o Mandatory sentences for those who committed crimes of violence 0 Continuing LEAA program 0 Abolishing prison sentences that were aimed at rehab 0 High priority on law enforcement o no knock searches giving police the right to enter private property without warning when there is reasonable suspicion of unlawful activity 0 stop and frisk searches 0 Capital punishment for shooting police officer 0 Juvenile Justice and Delinquency Act 1974 0 Created Office of Juvenile Justice and Delinquency Prevention 0 Established National Institute for Juvenile Justice and Delinquency Prevention 0 Senselessness of incarceration for nondangerous juvenile offenders o Favored capital punishment 0 But not a mandatory death penalty for particular crimes and that judges jury should have discretion to consider aggravatingmitigating factors Carter Administration 19771981 0 Crime control not high on agenda 0 Liberal ideology with some conservative ideas 0 Federal efforts to control the manufacture assembly distribution and possession of handguns o Mandatory sentencing for crimes with gun 0 Banned Saturday night specials o LEAA wasteful and inefficient o Reorganization of program 0 Close down LEAA regional offices Reagan Administration 19811989 0 Conservative 0 Focus n law enforcement and punishment rather than treatment 0 Crime is chosen lifestyle 9 punishments more certain severe and swift o Believed in o Victims rights 0 Prison reform 0 Criminal code revisions 0 Death penalty 0 Right to own handguns 0 Most important issue DRUG USE 0 Drugs as much athreat to the US as enemy planes and missiles 0 War on drugs 0 Nancy Reagan s Just say no campaign 0 Increase sentences for drug traffickers 0 Establishment of sentencing guidelines 0 Restrictions on the insanity defense 0 Restoration of the federal death penalty 0 2quotd Amendment 0 Strict punishments for those who use rearms for illegal behavior 0 Victims of crime 0 Deserved more attention from the federal government 0 Appointed Task Force on Victims of Crime I Found that crime victims were often neglected and role as victims and witnesses often ignored 0 Successful in consolidating get tough approach GHW Bush Administration 19891993 0 Focus on drugs and omnibus anticrime bill o Curb illicit drug use 0 Mandatory prison sentences and death penalty for major drug traffickers o Doubling mandatory penalties for use of semiautomatic weapons in crimes with drugs Clinton Administration 19932001 0 Conservative liberal 0 three strikes legislation 0 Passage of Brady Bill and other gun control legislation 0 Supported Hate Crimes Prevention Act Violence Against Women Act and 10000 Cops plan 0 Gun control 0 Ban on assault weapons and waiting period for handgun purchases Brady Bill 0 Crime on the streets 0 100000 new police officers on the streets 0 More money for drug abuse prevention treatment programs and expansion of death penalty provisions and revision of habeus corpus procedures 0 Violent Crime Control and Law Enforcement Act 1994 0 Funding to hire 100000 officers Build more prisons Create new drug courts Target domestic violence against women Target both illegal immigrants and street gangs Expanded federal crimes eligible for death penalty three strikes legislation at federal level I Life imprisonment for a 3rd violent felony 0 Ban on socalled cop killer bullets OOOOOO GW Bush 2001 o Conservative o tighten security of the borders 0 Work with other governments to reduce the ow of drugs into the US particularly from Mexico and the Andean Nations such as Columbia Inte Drug free workplace program Drug free federal prison program Work with other countries to reduce o Trafficking in human beings o Cybercrime 0 Terrorism 0 Trafficking in small arms 0 Death penalty support 0 Expanding use of DNA evidence to prevent wrongful convictions o Aided faithbased religious programs to keep prisoners from returning to custody 0 Kids safe on intemet 0 School resource officers 0 Protect the right of victims of crime 0 Antiterrorism laws 0 US Patriot act 0 Dept of Homeland Security met Crime 0 GHW Bush 0 Didn t focus much 0 Clinton 0 Children can be exposed to hardcore porn by easy access 0 Internet has a dark underside 0 Then spoke positively of intemet I Opened opportunities for many that otherwise would not be available I Schools should have it I Opened up info to students 0 Warned about dangers I People plotting I Makes US vulnerable to terrorism organized crime and spread of weapons of mass destruction I Used to promote child sexual abuse I Easy to move narcotic money I Market for illegal gun sales I Cyberattacks on nation s critical computer systems 0 Supported bill in Congress to eliminate loopholes in the criminal law that dealt with attacks against computers and the info contained within them 0 Passed legislation to make sure medical records stayed confidential 0 Cyber Corps Program 39 146 billion plan to protect critical systems from cyber crime 0 GW Bush 0 Increased requirement on financial services to get customer consent to share info with affiliated companies 0 Law enforcement can trace intemet communications across state lines 0 US Patriot Act I Part dealing with intemet crime I Surveillance of all communications by suspected terrorists Chapter 4 Congress State Legislatures and Criminal Justice 0 Every state except Nebraska has a system with 2 legislative bodies 0 Nebraska is unicameral o Other states I Upper state house Senate I Lower state house House of Representatives 0 Legislative bodies at local levels of government I Counties I Townships I City governments o All make laws 0 Congress I Primary responsibility is to enact laws I Can create laws or de ne crimes with the purpose of decreasing criminal behavior or preventing future potential criminal behavior I Power to 0 Make laws Create criminal justice agencies Ability to provide nancial support or funding for crime control programs To act as a public forum for the debate of idea about the CJ system in the US Through its oversight of the executive branch to act as a check on the behavior of the president How a Bill Becomes a Law Idea local congressman wrote out a bill committee house of reps senate white house for president to sign or veto9if veto go back to congress if sign becomes a law Chapter 7 Interest Groups and Criminal Justice 0 Interest Groups 0 Groups with a common interest or goal that seek to in uence public policy or legislation in some way May wish to in uence legislation because of professional concerns economic gain or to obtain the adoption of policies they support for ideological reasons 0 Serve to give people an indirect role in political process 0 Types of interest groups 0 Consumer groups I Those whose members are directly affected by the policy under consideration I Examples FOP and ABA O 0 Secondary groups I Those whose members are interested in the policy but are not personally affected by it I Example ACLU o Theories of Interest group behavior 0 Pluralism holds that American government attracts so many interest groups that no single interest is likely to dominate the legislative process I Re ecting policies do not re ect citizens concerns 0 Hyper pluralism refers to the state of chaos that occurs when too many interest groups have too many access points to the process and they bring the systems to a standstill I Policy not re ective of citizens interests but rather a mishmash of bits and pieces of different ideas 0 Elitism holds that public policy decisions are dominated by a small group of individuals particularly wealthy or powerful citizens who act in their own self interest rather than in the interests of the public as a whole I Resulting policy decisions made to benefit a select few 0 What Interest Groups Do 0 Publicize issue in the mass media 0 Makes appeals for public support 0 Appear on TV talk shows 0 Get coverage in news stories 0 Lobbying o Refers to attempts to in uence policy in the executive and legislative branches of government 0 Talk to members of Congress either formally or informally and attempt to persuade them how to vote 0 Try to convince the legislators that its position is the ri t one and to get them to vote a particular way 0 Two types I Direct lobbying where there is some type of direct contact between the decision maker and lobbyist I Indirect lobbying where there is limited contact between a legislator and a lobbyist o Lobbying the Courts 0 Filing legal cases in the courts which is a form of direct lobbying 0 File a formal comment on a case or an amicus curie brief 0 Lobbying the Bureaucracies o Lobbyists may create close ties with bureaucracies because they hold discretion to determine how policies are defined 0 Reverse Interest Group Lobbying o Refers to those times when the president or other officials seek the support of the interest group 0 Other Characteristics of Interest Groups 0 They try to have some type of in uence over legislators and or other decision makers Every group has a membership that contributes money to that organization Each group has resources Each group has expertise in a particular area Each groups has policy goals A group s power depends on its resources money lobbying skills ability to get the public involved and many other factors Each group has some kind of designated leadership The groups often build coalitions with each other Knowledge of other groups is important to the effectiveness of interest groups The groups all act to educate the public 0 Role in the Policy Process 0 Very active in the legislative process 0 Play significant role in many stages in the policy process I Problem identification stage I Setting the agenda I Policy formulation I Program evaluation 00000 000 0 Major criminal Justice Interest Groups 0 American Bar Association ABA o Foremost national professional organization of attorneys 0 American Civil Liberties Union ACLU o Focuses on preserving the protections against government abuses of power that violate the fundamental values in US society 0 Brady Campaign to Prevent Gun Violence 0 Lobby Congress for legislation to control the ownership of handguns as well as for legislation to place restrictions on the manufacture and sale of firearms o The Drug Policy Alliance DPA 0 Works to promote drug policy reform 0 Families against Mandatory Minimums FAMM 0 Works to create and maintain fair and proportionate sentencing policies 0 Fraternal Order of Police FOP o Represents sworn officers and works to improve the working conditions of officers 0 Mothers Against Drunk Driving MADD 0 Education about DUI offenses 0 Support for families of victims of drunk driving 0 National Association of Attorneys General N AAG o Founded to help state attorneys general fulfill the responsibilities of their office and to assure the provision of high quality legal services to the states 0 International Association of Chiefs of Police IACP 0 Nonprofit association of law enforcement supervisory professionals 0 National Center on Institutions and Alternatives 0 Provides training technical assistance research and direct services to criminal justice juvenile justice social service and mental health organizations 0 National Commission Against Repressive Legislation NCARL 0 Dedicated to defending the rights of political dissident National Organization for the Reform of Marijuana Laws NORML o Focuses only on marijuana law reform National Organization for Victim Assistance NOVA 0 Provides direct services to victims of crime including I Crisis intervention I Shelter I Food I Clothing I Emergency aid I Help with filling out insurance forms or victim compensation forms I Assistance in the court appearance I Pre and postsentence counseling National Ri e Association NRA 0 To protect and defend the Constitution of the US especially with reference to the inalienable right of the individual American citizen guaranteed by such Constitution to acquire possess transport carry transfer ownership of and enjoy the right to use arms Second Amendment Foundation SAF 0 Working to protect citizens rights to keep and bear arms The Sentencing Project 0 Goal of developing sentencing programs designed to promote alternatives to incarceration and to improve the sentencing of indigent defendants Students Against Drunk Driving SADD 0 Dedicated to helping young people refrain from drinking and driving Chapter 2 Campaigns Elections and Criminal Justice Chapter 6 Bureaucracies and Criminal Justice Agency Roles Primary role of bureaucracies is to implement or carry out the laws and policies adopted by the legislatures the courts or the top officials of the executive branch Responsible for execution and delivery of public policies Settle disputes Many roles in policy process because they have so much info about current issues that need attention Often assist the legislative and executive branches in creating their agendas Play a role in the evaluation of ongoing policies or programs Bureaucratic Power Power is not visible to the public or to most people that are not directly involved in the agency Least visible political actors 0 Some of the power delegated to them by legislatures 0 Political power stems from the president or governor or local chief executive Bureaucratic Organizations All bureaucracies are large and employ many people Bureaucracies have fulltime employees who rely on their jobs for a paycheck Bureaucratic personnel are hired promoted and retained on a merit basis Hierarchical organization Division of labor among organization units where each one specializes in a speci c task or function so that tasks get done more efficiently and so that complex problems will be more manageable Within these agencies is a network of formal communications that permits information to travel within the agency Formal rules for action exist in all bureaucracies In most agencies the assigned operations and tasks are performed impersonally and formally CHECKS ON THE POWER OF THE BUREAUCRACIES Despite not being a branch of the government they are still part of a system of checks and balances The three branches of government can oversee the activities of bureaucracies Congress and the Bureaucracies Power of appropriations over bureaucracies o Determines whether a bureaucracy will continue or cease to exist Power to order an audit of an agency through the General Accountability Office to determine if funds are being used in the most appropriate way Congress has in uence in the nomination process for top bureaucratic positions Courts and the Bureaucracies Through power of judicial review the courts oversee the actions of bureaucracies and determine if they are constitutional and fair Presidents and the Bureaucracies Pres Has the power to remove senior personnel Power to shape legislation governing the bureaucracy behaviors Often view the bureaucracies with distrust 0 Working with their own interests rather than those of the nation or the president Bureaucratic Weaknesses Top officials in major bureaucracies often become wrapped up in their departments and become oblivious to outsiders who may offer suggestions to help May also become specialized and technologically advanced that they feel too self important and lose sight of the nonbureaucratic environment Structure of bureaucracies means that there is competition among them Lack of tangible goals Issue of bureaucratic accountability is a concern EXAMPLES OF FEDERAL CRIMINAL JUSTICE BUREAUCRACIES Judicial Branch Agencies 0 The Federal Judicial Center 0 Created to further the development of and improve judicial administration in the federal courts 0 United States Sentencing Commission 0 7 voting members on the commission each appointed by president and confirmed by the senate to serve 6 year terms 0 Helps to de ne federal sentencing policies Executive Branch The Department of Justice 0 DOJ9 created to handle all criminal prosecutions and civil lawsuits in which the US had an interest 0 Headed by the attorney general 0 O O O 0 FBI 0 0 Member of president s cabinet Legal counselor for the federal government Chief law enforcement legal officer in the nation Counsels congress and the president in matters of law and national policy Deputy Attorney general I Assists attorney general in the administration of the DOJ and coordinating the activities of the numerous agencies I Screen applications for appointments to the federal judiciary I Check backgrounds of appointees and other personnel I Acting as liaison with Congress I Testifying before congress Bureau of Alcohol Tobacco and Firearms ATF Bureau of Prisons Drug Enforcement Administration DEA Not as national police force Authority to carry guns serve subpoenas make seizures serve warrants and make arrests o Marshals Service 0 O O O Oldest federal law enforcement agency Custody of federal prisoners providing for the physical needs of the court disbursement of court funds and executing prisoners Provide support and protection for the federal courts security for judges personnel and juries apprehending federal fugitives maintaining the custody of and transporting federal prisoners executing court orders and arrest warrants seizing managing and selling property seized by the government from drug traffickers and other criminals and responding to emergency circumstances Oversees witness protection program 0 Law Enforcement Assistance Administration OLEA Office of Community Oriented Policing Services COPS Office of Justice Programs OJP Office of Pardon Attorney Solicitor General Executive Branch The Department of Homeland Security 0 DHS9 created in response to terrorist acts in NY and WA DC 0 Mission to protect the US from further terrorist attacks by ensuring safe and secure borders 0 Customs and Border Protection I Protect the nations revenue by assessing and collecting tariffs on goods brought into the country and to seize smuggled goods 0 Secret Service 0 Role to protect the president the vp their families heads of state and other designated individuals 0 Investigates counterfeiting identity theft and computer fraud BUREAUCRACIES AND THE INTERNET o FTC 0 FCC o ICAC o CCIPS Chapter 5 Courts and Criminal Justice Make decisions that help define policies and procedures related to all aspects of the justice system Dual court system 0 Courts operate independently of each other 0 State Court System I Jurisdiction over violations of state laws I General Trial courts 0 Hear both criminal and civil cases I Intermediate appellate courts 0 Hear cases on review to determine if the procedures and decision in the trial courts were fair and constitutional I State supreme courts 0 Equivalent to state appellate courts 0 The courts of last resort for state cases and in most instances make a final determination on appeals 0 Federal Court System I Hears cases concerning violations of federal law I Article 3 Judicial branch of federal government is defined 0 This sets up one Supreme Court and as many lower or inferior courts as congress deems necessary I District courts Lowest level federal court Similar to trial courts I Circuit Courts Intermediate federal courts I Supreme Court Highest level of federal court system It is an appellate court Jurisdiction over federal laws and in all cases affecting ambassadors maritime disputes land grants and litigation between the US and the states and cases between 2 or more states Can choose whether to hear an appeal
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