Issues With Policing - CCJ3024 Advanced Principles of Criminal Justice
Issues With Policing - CCJ3024 Advanced Principles of Criminal Justice CCJ3024
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This 0 page Class Notes was uploaded by Haley Kairab on Tuesday March 15, 2016. The Class Notes belongs to CCJ3024 at University of Florida taught by Dr. Marvin Krohn in Fall 2016. Since its upload, it has received 17 views. For similar materials see Advanced Principles of Criminology Justice in Criminology and Criminal Justice at University of Florida.
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Date Created: 03/15/16
ISSUES WITH POLICING CCJ3024 Police Discretion What do we mean by discretion ls discretion a good or bad thing Discretion Defined An official action by a criminal justice official acting in their official capacity based on that individual39s judgment about the best course of action Discretion If we want the police to use discretion in some cases that is theissue Criteria used to make discretionary decisions 0 Legal considerations Seriousness of offense Known recordpriors Evidence 0 Seriousness of crime Black found that officers arrested 58 of the time for felonies and 44 for misdemeanors The more serious the crime and harm to others the more likely the officer is to arrest 0 Strength of evidence Is there evidence How compelling is it Class vs individual evidence Testimony of witnesses or victims Direct linkages to the scene Other factors 0 Extralegal criteria Demographics I SES I Race I Gender I Age I POP I Demeanor or who the person is I What the person or victim wants to happen Studies Donald Black 0 Police arrested only 58 of people suspected of committing domestic battery Linda Teplin 0 Only 118 of persons judged as mentally disordered sent to a medical facility for help Nathan Goldman 0 86 of juveniles referred to court in one city 712 in another city Discretion Victim preference 0 Arrest more likely when victim pushes for prosecution o Arrest less likely when victim is uncooperative or unsure 0 Florida domestic incidents victim does not have to quotpress chargesquot when evidence suggests a battery Officers must take action and prosecution is completed by the State on behalf of the victim Demeanor of the perpetrator o Disrespectful belligerent behavior more likely to result in arrest 0 Circular issue one is disrespectful then the other escalation of the situation 0 Dunham and Alpert 25 of encounters resulted in behavior changes 50 of officer behavior improved 50 got worse About the same for citizens o Encounters are fluid not stagnant Victim characteristics 0 Scenario an officer is called to a reported sexual battery and finds that the victim has a history of prostitution What would you do and why Race Ethnicity Gender 0 quotdriving while blackquot 0 Maryland and New Jersey state troopers found to have been stopping a disproportionate number of African American citizens on the highway 0 Women those who quotconformquot to social norms are treated more leniently than those who violate gender norms Neighborhood Characteristics Officers in highcrime neighborhoods are involved in violent encounters and fire their weapons twice as often as those in lower crime areas Fyfe David Klinger 0 Officers in highcrime neighborhoods are overworked leading to less response and cynical behavior toward crime victims resulting in less enforcement of the law in those neighborhoods Officer Characteristics Do individual characteristics make a difference Gender Ethnicityrace Age Use of force Wayne Lafave quotIt is helpful to look at the total criminal justice system as a series of interrelated discretionary choicesquot Arrest gt prosecution gt trial gt sentencing gt parolerelease Aspects of Discretion Scenario an officer is dispatched to a residence as the result of a 911 call and hang up On arrival the officer sees bruises on both the husband39s and wife39s person Both separately accuse the other of being the primary aggressor The officer has several choices 0 Arrest both 0 Give both a State Attorney card and let them press charges on their own after writing a report citing both sides 0 Request that one of them leave the premises of 24 hours until things calm down quotStreetLevel Bureaucratsquot James O Wilson 0 quotdiscretion increases as one moves down the organizational hierarchyquot Workload Arrestnot arrest for certain offenses Gatekeepers No arrest no case Misuse of Discretion Racial profiling Denial of due process Underenforcement of the law Inconsistency Proper use of discretion Good use of scarce resources common sense Good judgment use of time unnecessary reports Individualized justice minor offenses Sound public policy not arresting homeless for things that other citizens would not be arrested for Deadly Force Departments will have Operational Guidelines to be followed in order to engage in deadly force Use of Force Matrix One step above Perception situational seriousness of the crime safety of citizensofficers threats to the public or officer Why not use warning shots to shoot to wound Highspeed pursuits Use of tasers and other nondeadly compliance measures NonDeadly Force What should police do when confronting an uncooperative suspectcitizen When is the use of physical force reasonable Other nondeadly measures 0 Pepper spray o Baton 0 Pain compliance Deadly Force Study by James Fyfe on New York City police shootings over 5year period 0 Police are most likely to shoot suspects when involved in a violent confrontation and suspects who were armed 0 Study found that African Americans were more likely to be armed and to confront officers When data were controlled for these factors the racepolice shooting relationship became insignificant Police Accountability Accountability Having to answer for your conduct Best advice I ever received on Day 1 WHAT police do Control crime maintain order provide services As well as HOW they do it Respectfully complying with rules and laws Review boards Police and citizenbased COMPSTAT 0 Regular meetings 0 Hold those in administration accountable o Focused missions on crime control 0 Use of resources and task forces 0 Geographic focus 0 Problemsolving rather than reactive policing Supervision by sergeants lieutenants not micro management 0 Span of control 810 persons max Formalinformal actions 0 quotripquot or quotpaperquot 0 Suspensions pay withholding Performance evaluations Internal affairs used for officers that are accused of law breaking Future Problems Body cameras Trustbuilding with the public Shows when suspectswitnesses are lying Shows when officer uses inappropriate responseforce Accountability Improved response time Limitations of perimeter view behind sides Intermediate Weapons Tasers 0 50000 volts 0 lncapacitation in order to control and cuff 0 Phoenix AZ 9 of suspects controlled with ECD were injured compared to 33 of those who were not 2 of officers who used Taser injured compared to 9 who used other methods 0 2001 2008 334 people died after Taser deployment drug use such as methPCP can be a contributing factor Crime Mapping Spacial patterns and hot spots Deployment of additional resources TASK forces that concentrate on specific criminal activity Proactive enforcement and community engagement Science in Policing Forensics and evidentiary standards Education of officers Specialized units and training State Laboratories becoming privatized Prosecutioncentered National standards of evidence processing Use of new techniques for investigative solutions
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