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This writing assignment requires students to submit a three paged, 12 font, double spaced reflection about this semester. I would like for students to reflect on things they learned during the class. Please focus on things that were of interest to you and topics which helped to broaden your understanding of the criminal justice system.

it is for a criminal justice 101 class. use the attached files only to write the reflection.

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Police at Work: Patrolling and Investigating Chapter 6 Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Describe the ideal traits typically sought among people who are hired into policing • Review the arguments for, and benefits of a police officer possessing a college degree • Explain the kinds of topics that are taught in the recruit academy and overall methods for preparing recruits for a career in policing • Delineate the methods and purposes of the FTO concept Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Describe the several basic tasks and distinctive styles of policing • Explain what is meant by a police working personality, including how it is developed and operates • Clarify how the work of policing can be perilous in nature • Discuss the nature of the police traffic function Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Define police discretion, how and why it is allowed to function, and some of its advantages and disadvantages • Explain the current era of policing, the community era, and the prevailing philosophy and strategies of community policing and problem solving • Review the qualities, myths, and methods that involve investigative personnel Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. From Citizen to Patrol Officer • Police subculture – The idea was proposed by William Westley in the 1950 study of the Gary, Indiana police department – Westley found a high degree of secrecy and violence Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. From Citizen to Patrol Officer • Recruiting the Best – Requires adequate pool of applications – Officers are solitary workers, mostly unsupervised – They must be able to make sound decisions and adjust quickly to situations – Even though a person meets the minimum qualifications for being a police officer and is recruited into the testing process, they still need to continue training before they are put on patrol Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. From Citizen to Patrol Officer • Recruit Training – Academy training • Police and corrections personnel are trained in the basic functions, laws, and skills required for their positions – “Sixth sense” • The notion that an officer can “sense” or feel when something is not right, as in the way a person acts, talks, and so on Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. From Citizen to Patrol Officer • Field Training Officer • One who is to oversee and evaluate the new police officer’s performance as he or she transitions from the training academy to patrolling the streets • 3 phases – An introductory phase (the recruit learns agency policies and local laws) – Training and evaluation phases (the recruit is introduced to more complicated tasks that patrol officers confront) – A final phase (the FTO acts strictly as an observer and evaluator while the recruit performs all the functions of a patrol officer) Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. “The Right Stuff”: A Working Personality • 1996, Jerome Skolnick described the working personality of police and determined that there were two variables – Danger – Authority Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Traits That Make a Good Officer • • • • • • Enthusiasm Good communication skills Good judgment Sense of humor Creativity Self-motivation • Knowing the job and the system • Ego • Courage • Understanding discretion • Tenacity • Thirst for knowledge Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defining the Role • Four Basic Tasks – Enforce the Law • Primary function – Preform welfare tasks • Performing all manner of errands simply because they are available Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defining the Role – Prevent crime • Engaging in random patrol and providing public with crime prevention information – Protect the innocent • Investigating crimes, police are systematically removing innocent people from considerations as crime suspects Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defining the Role • 3 Distinctive Styles (James Q. Wilson) – Watchman style • Officer is a neighbor – Act as if order maintenance is their primary function – Legalistic style • Officer is a soldier – Harsh view of law violations – Service style • Officer is a teacher – Falls between legalistic and watchman styles; the police take seriously all requests for either law enforcement or order maintenance but are less likely to respond by making an arrest or otherwise imposing formal sanctions Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Perils of Patrol • Occupational hazards – They could encounter individuals who are armed, high on drugs or alcohol, or those who are preparing to die using the technique “suicide by cop” – Danger is heightened during the night shift Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Stressors of Police Work • The job of policing has never been easy • Sources of stress: – Organizational and administrative practices • Police departments are highly bureaucratic • Departments follow strict policies, procedures, general orders, and rules and regulations • The rules dictate how officers perform their duties and responsibilities – The criminal justice system • Each component affects the other components Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Stressors of Police Work – The public • They become involved in conflicts or negative situations • Officers must keep their relations with citizens in proper perspective – Stressors intrinsic to police work • Domestic violence, felonies in progress, etc. • Traumatic experiences can require long term follow-up Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Coping with Stress • Officers may eventually suffer from heart attacks, nervous breakdowns, back problems, alcoholism, etc. • It is imperative that officers learn to manage their stress before it causes deep physical and/or emotional harm – How? Engage in hobbies or activities, exercise, proper nutrition, etc. Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Study of Patrol Effectiveness • Kansas City Preventive Patrol Experiment – Researchers divided the city into 15 beats, which were then categorized into 5 groups of 3 matched beats each • In one beat area, there was no preventive patrol (police only responded to calls for service); another beat area had increased patrol activity (2 or 3 times the usual amount of patrolling); in the third beat there was the usual level of patrol service – Deterrent effect of policing not reduced by elimination of routine patrolling Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Traffic Function  The aggregate of motor vehicles, pedestrians, streets, and highways, for which police must investigate and apply laws to provide safe travels for citizens in their jurisdiction – Reduce deaths and injuries – Make vehicular travel safer • Noble undertaking Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Discretion • Discretion – Authority to make decisions in enforcing the law based on one’s observations and judgment (“spirit of the law”) rather than the letter of the law • The Myth of Full Enforcement – Official response • All laws enforced equally all of the time – BUT there are neither the resources nor the desire to enforce them all, nor are all laws enforced impartially Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Discretion • Attempts to Define Discretion – 2 decisions • Whether to intervene in situation • How to intervene • Determinants of discretionary actions – Variables of an officer’s decision • Law • Officer’s attitude • Citizen's attitude Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Pros and Cons of Discretion • Pros • Cons • Allows officers flexibility to treat different situations in accordance with humanitarian and practical goals • Justice tempered with mercy • Officers who are the least trained and experiences have greatest amount of discretion • Belies need to appear impartial Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Community Policing and Problem Solving • Public has vested interest in addressing neighborhood crime and disorder • Peel’s Principle – Public and police should work together • Problem oriented policing • Puts community-oriented philosophy into practice • Advocates that police examine the underlying causes of recurring incidents of crime and disorder • 3 elements must exist or a crime to occur – Offender, victim, location Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. The Work of Forensics & Detectives • Forensic science – The study of causes of crime, deaths, and crime scenes • Criminalist – A police crime scene analyst or laboratory examiner skilled in criminalistics or forensics aspects of investigation – Corpus delecti • Body of the crime, physical evidence showing that a crime was committed – Modus operandi • Methods of operation, physical evidence showing means used by the criminal to gain entry, tools that were used, types of items taken, and other signs Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. The Work of Forensics & Detectives • Linking suspect with victim – Hair, blood, clothing fibers, and cosmetics • Linking a person to a crime scene – Fingerprints, glove prints, blood, semen, hairs, fibers, soil, bullets, cartridge cases, tool marks, footprints or shoeprints, tire tracks, and objects that belonged to the criminal • Disapproving or supporting a witness’s testimony – Versions of events true or not • Identification of suspect – DNA evidence, proves individualization Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Investigative Stages and Activities • Locard’s Exchange Principle – The notion that offenders both leave something at the crime scene and take something from it; the crime scene analyst or investigator’s job is to locate that evidence and use it in the investigation • Preliminary investigation – Established whether a crime has been committed • Continuing investigation – Follow-up interviews, analyzing information and evidence, search for witnesses Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Investigative Stages and Activities • Reconstructing the crime – Inductive reasoning • The collected information and evidence are carefully analyzed to develop a theory • Focusing the investigation – All investigative efforts are directed toward proving that one suspect is guilty of the crime Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Myths and Attributes of Detectives • Detectives/Investigator – A police officer who is assigned to investigate reported crimes, to include gathering evidence, completing case reports, testifying in court, and so on • Must be trained in the laws of arrest, search, and seizure; investigative principles and practices; judicial proceedings; and oral and written communications – 4 personal attributes • An unusual capability for observation and recall • Extensive knowledge of the law, rules of evidence, scientific aids, and laboratory services • Power of imagination • A working knowledge of social psychology Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Using DNA Analysis • DNA – Deoxyribonucleic acid, or the acids found in all cells; used in forensics to match evidence (hair, semen) left at a crime scene with a particular perpetrator • Most sophisticated and reliable type of physical evidence • Touch evidence – See if defendant touched any evidence Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Conclusion • How does a police subculture impact policing? Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Policing Methods and Challenges Chapter 7 Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Describe how the police shooting in Ferguson, Missouri, and other lethal encounters with citizens in other states raised serious concerns about such actions and called for reforms in police use of force, diversity, militarization, and use of technologies • Relate what constitutes the inappropriate use of force by the police, as well as the use of force continuum that helps to determine the amount of force that is justified • Delineate the functions local police can perform to assist with homeland security. Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Explain the law concerning police high-speed vehicle pursuits • Review the types of acts that constitute police brutality • Explain the meaning and applications of U.S. Code Title 42, Section 1983, and the types of police actions that are vulnerable to Section 1983 lawsuits • Discuss how police officers—and their supervisors—might be held criminally liable for their misconduct Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Explain the law as well as areas of police liability concerning police high-speed pursuits • Explain the status and advantages of women and minorities in policing • Delineate several types of technologies that are assisting police in their duties, but which also raise privacy concerns Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Use of Force: A Sacred Trust • Lessons from History and Ferguson – August 2014 riots that followed the shooting death of Michael Brown by a white police officer – April 2015 riots that followed the in-custody death of Freddie Gray – Historical riots • “Bloody Alabama” Selma, Alabama (peaceful) • Harlem, New York (not peaceful) • Watts, California (not peaceful) – Presidential commissions were created to study riots, campus disorder, and minority relations • National Advisory Commission on Civil Disorders (aka Kerner Commission) Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Use of Force: A Sacred Trust • How to Develop Harmony, Justice, and Policy? – What is the solution for such cities as Ferguson and Baltimore? • A good starting point is to make every effort to recruit and diversify the agency and provide a means for giving people a voice • The state much step in as an outside force • City officials and police must reach out to community leaders • Meet with civic associations • Add African-Americans to the administration • Add an advisory committee on community relations that is composed of people of all colors Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Use of Force: A Sacred Trust • Some Police Responses: Greater Transparency Using Website and Databases – Some agencies now demonstrate complete openness regarding officer-involved shootings Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Use of Force: A Sacred Trust • Calls for Police Use of Body Cameras – Emphasis on greater police transparency – Questions: • When should the cameras be used? • Who should be allowed to view what kinds of footage? Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Use of Force: A Sacred Trust – Questions: • When should the cameras be used? – Cameras cannot be activated all the time – officers have a reasonable right to privacy • Who should be allowed to view what kinds of footage? – Publically embarrassing videos of people who are being arrested or are intoxicated raise privacy concerns, while the public would also deem the recording of innocent bystanders, witnesses, victims, children, and people in their homes to be an invasion of privacy Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Use of Force: A Sacred Trust • The Force Prerogative – Society recognizes three legitimate and responsive forms of force • The right of self-defense • The power to control those for whom one is responsible • The relatively unrestricted authority of police to use force as required Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Use of Force: A Sacred Trust • Police Brutality – Unnecessary use of force by police against citizens, resulting in injury – Citizen use of the term police brutality encompasses a wide range of practices Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. The Role of Local Police in Homeland Security • Since 9/11, there have been more than 50 terrorist attacks in the U.S. – Boston Marathon, April 2013 • Local police are key in terms of being the eyes and ears in the U.S. counter-terrorism effort • Police agencies must assume a position that is is not a question of if another terrorist attack will occur Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. The Role of Local Police in Homeland Security • Must consider the possibility of attacks by weapons of mass destruction • The police agency should have plans in place for addressing a terrorist threat Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. When Failing the Public Trust: Civil Liability • Civil liability – In tort law, the basis for which a cause of action (e.g., fine) is made to recover damages; in criminal justice, where a police or corrections officer, for example, violates someone’s civil rights Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. When Failing the Public Trust: Civil Liability • Torts and negligence – A civil wrong or infraction; the remedy will be damages awarded in civil trial • Intentional torts – Occur when an employee engages in a voluntary act that has a substantial likelihood of resulting in injury to another • Constitutional torts – Involves employees’ duty to recognize and uphold the constitutional rights, privileges, and immunities of others Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Section 1983 Legislation • A portion of the U.S. Code that allows a legal action to be brought against a police officer or other person in position of authority who, it is believed, used his position (“acted under color of law”) to violate one’s civil rights – Vicarious liability • A legal doctrine whereby responsibility rests upon one person for the actions of another and is to exercise reasonable and prudent care in supervising that person Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. General Areas of Liability • Proximate cause – A factor that contributed heavily to an event, such as an auto crash or death • Persons in custody and safe facilities – Duty of care • A legal obligation imposed on someone – Normally does not include self-inflicted injury or suicide Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. General Areas of Liability • Failure to protect – A situation where police place someone in jeopardy • Vehicle pursuits – Involve tremendous potential for injury, property damage, and liability • Police policy and procedure manuals are very thorough where pursuits are concerned Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Needed: More Women & Minorities • Gains and obstacles for women – 1970s-formal barriers for hiring women eliminated • Ex: height requirements – Prove to be as competent, less likely to use excessive force, implement community-oriented policing, increased response to violence against women, reduces problems of sec discrimination and harassment Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Needed: More Women & Minorities • Overcoming the history of police-minority relations – Widespread discrimination and disparate treatment • Recruiting minority officers diversifies agency and provides positive impact on community relations Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • New Uses, New Concerns – Technology has had a tremendous impact on policing – Technologies include: • Video cameras on light poles, satellites and drones, smartphones, license-plate cameras, etc. – Privacy concerns • Radar devices to effectively see inside suspects homes Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • Wireless technology – Laptop computers with wireless connections to access crime and motor vehicle databases – Systems are believed to pay for themselves in increased fines and officer safety Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • Crime mapping – Combines geographic information from global positioning satellites with crime statistics gathered by a department’s CAD system and demographic data provided by private companies or the U.S. Census Bureau Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • Locating serial offenders – Geographic profiling analyzes the geography of such locations and the sites of the victim encounters, the attacks, the murders, and the body dumps, and maps the most probable location of the suspect’s home Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • Smartphones – Social media is changing the way police operate – Smartphone apps allow officers to respond to calls for service – Officers can point their phone at a location and use the GPS, check the arrest history or officer safety hazard information of the address Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • Electronic control devices – 60% of local police departments authorized their officers to use handheld electronic control devices – ECD’s have become smaller and more effective – Taser or stun gun-ECDs, also known as conducted energy devices, or CEDs Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • Robotics – Robots are now fitted with odor sensors; video capability, including night vision; a camera (also useful for photographing crime scenes); a Taser ECD; and even the ability to engage in two-way communications Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • Traffic functions – Major accidents-police must collect evidence • Includes: – Measurements and sketches of the scene – Vehicle and body positions – Skid marks – Street or highway elevations – Intersections – Curves, etc. Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Technologies • Databases for fingerprint and mug shots – Automated fingerprint identification (AFIS) • To share fingerprint data Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Conclusion • Questions? Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Police Organization: Structure and Functions Chapter 5 Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Describe how policing began in England, to include the four major police-related offices that evolved and came to America, , and August Vollmer’s major contributions to advancing early policing • Discuss the three eras of policing Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Explain the duties and functions of selected federal law enforcement agencies, the departments into which they are organized, and the basic qualifications and working conditions for a career in same • Delineate the various types of specialized functions that are found in state law enforcement agencies Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Distinguish between, and diagram, the functions of municipal police and county sheriffs agencies • Relate the purposes, functions, and contributions of Interpol • Explain how and why private policing was developed, and the contemporary purposes and issues of the private police Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. English and Colonial Roots • Sheriff – Defined as the chief law enforcement officer of a county, normally elected and frequently operating the jail as well as law enforcement functions – The term is derived from shire-reeve, meaning county and agent of the king – The shire-reeve appeared in England before the Norman Conquest of 1066 • The sheriffs duties are to act as officer of the court, summon juries, and enforce civil judgments – The first sheriffs in America appeared in the early colonial period Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. English and Colonial Roots • Constable – Can be traced back to Anglo-Saxon times – In England, favored noblemen who were forerunners of modern-day U.S. criminal justice functionaries; largely disappearing in the United States by the 1970s – Duties included: collecting taxes, supervising highways, and serving as a magistrate Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. English and Colonial Roots • Coroner – An early English court officer; today one (usually a physician) in the United States whose duty it is to determine cause of death – The coroner was elected – Initially there was no compensation for coroners – Today, the coroner legally serves as sheriff when the elected sheriff is disabled or disqualified Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. English and Colonial Roots • Justice of the Peace – A minor justice official who oversees lesser criminal trials; one of the early English judicial functionaries – Can be traced back to 1195 in England – They were wealthy landholders – Duties included: the granting of bail to felons Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. English and Colonial Roots • Police Reform in England, 1829 – Workers protested against machines, food, and crime • Sir Robert Peel established a police force to combat problems – 1829 Metropolitan Police Act Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Policing Comes to the United States • The Political Era, 1840s-1930s – The period of time when police were tied closely to politics and politicians, dependent on them for being hired, promoted, and assignments • Raised police corruption Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Policing Comes to the United States • The Reform Era, 1930s-1980s – Police sought to extricate themselves from the shackles of politicians, and leading to the crime-fighter era – Reformers sought to reject political involvement by the police – Civil service systems were created to eliminate patronage and ward influences in hiring and firing – August Vollmer – his career was a major factor in the shaping and development of police professionalism Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Policing Comes to the United States • The Community Era, 1980s-Present – A time when the police retrained to work with the community to solve problems by looking at their underlying causes and developing tailored responses to them Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • Department of Homeland Security – Established 2002 and became significant transformation for U.S. government – All or part of 22 departments and agencies were combined – Congress committee $32 billion toward safeguarding the nation Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • Customs and Border Patrol (CBP) – Preventing terrorists and terrorist weapons from entering United States while facilitating the flow or legitimate trade and travel – One of the largest federal law enforcement agencies – Has more than 60,000 agents – Protects nearly 7,000 miles of border and 95,000 miles of shoreline Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • Immigration and Customs Enforcement (ICE) – Identifying and shutting down vulnerabilities both in the nation’s borders and in economic, transportation, and infrastructure security – The largest investigative arm of DHS – The Homeland Security Investigations (HS)) was formed within ICE to investigate financial crimes, money laundering, etc. Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • Transportation Security Administration (TSA) – Protects nation’s transportation systems – Employs 48,000 personnel – Agents also inspect air carrier operations to the U.S. – TSA personnel hold the title of “officer” in name only; they do not carry guns Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • Coast Guard – Nation’s leading maritime law enforcement agency – Has broad police power to enforce or assist in enforcing federal laws and treaties on waters in U.S. jurisdiction Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • Secret Service – Protects President and other high-level officials and investigates counterfeiting and other financial crimes – The Secret Service Uniformed Division protects the White and the VP’s residence Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • The Federal Protective Service – Law enforcement officers, criminal investigators, security officers, and support personnel that protect buildings and critical infrastructure – Employs 900 officers and staff Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. International Policing • Interpol – The only international crime-fighting organization – Collects intelligence information – Issues alerts – Assists in capturing world criminals – Has approx. 200 member countries Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • Department of Justice – Headed by attorney general who is appointed by U.S. president and approved by Senate • Official legal arm of the government of the U.S. – Federal Bureau of Investigation (FBI) • Protect the United States from terrorist attack • Protect the United States against foreign intelligence operations and espionage • Protect the United States against cyber-based attacks and high-technology crimes Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement – Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) • Administers the U.S. criminal code provisions concerning alcohol and tobacco smuggling and diversion – Drug Enforcement Administration (DEA) • Coordinate and enforce federal drug laws – U.S. Marshals Service • One of the oldest federal law enforcement agencies; • Transport federal prisoners and track fugitives, while also protecting federal judges, prosecutors, and witnesses, and more Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Federal Law Enforcement • Other Federal Agencies – Central Intelligence Agency (CIA) • Most clandestine government service, participates in undercover and covert operations around the world for the purposes of managing crises and providing intelligence during the conduct of war – Internal Revenue Service (IRS) • Monitoring and collection of federal income taken from American individuals and businesses Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. State Agencies • Patrol, Police, and Investigative Organizations – State Police • A state agency responsible for highway patrol and other duties as delineated in the state’s statutes – State Bureaus of Investigation (SBI’s) • A state agency that is responsible for enforcing state highway laws and investigating crimes involving state statutes Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. State Agencies • Other Special-Purpose State Agencies – Alcoholic Beverage Laws – Fish and Game Laws – State Statutes and Local Ordinances – Agricultural Laws – Commercial Vehicle Laws – Airport Laws Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Local Agencies • Basic Operations – Municipal police department • A police force that enforces laws and maintains peace within a specified city or municipality • Employs an average of 2.3 officers per 1,000 population • On average, these officers receive 760 hours of recruit training in their academy Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Local Agencies • Organization – Every organization has a structure – Organizational structure of chart • A diagram of the vertical and horizontal parts of an organization, showing its chain of command, lines of communication, division of labor, and so on Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Local Agencies • Organization – Chain of command • Vertical and horizontal power relations within an organization, showing how one position relates to others Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. On Guard: The Private Police • Private police/security – All nonpublic officers, including guards, watchmen, private detectives, and investigators; they have limited powers and only the same arrest powers as regular citizens Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. On Guard: The Private Police • Propriety services and contract services – Outside firms or individuals hired by the individual or company to provide security services for a fee Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Conclusion • What issues/concerns face policing today? Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Foundations of Law and Crime: Nature, Elements, and Defenses Chapter 2 Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Briefly explain how modern-day law evolved from English common law, and the differences between criminal and civil law • Explain the difference between substantive and procedural law • Review two critical elements of the criminal law— criminal intent (mens rea) and the physical commission of the criminal act (actus reus) Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Learning Objectives • Delineate the definitions of, and distinctions between, felonies and misdemeanors, crimes against persons and property, and the different degrees of homicide and sexual assault • Discuss the various defenses that criminal defendants may offer to reduce or eliminate their criminal liability Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Common Law and Its Progeny • The Code of Hammurabi – Lex talionis • An eye for an eye, a tooth for a tooth • Israelites – Mosaic Code • Moses passed on the law to the tribes of Israel Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Common Law and Its Progeny • Common Law – Collections of rules, customs, and traditions of medieval England, created during the reign of Henry II • Stare decisis – When a court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle – and apply it in the same manner to all future cases where facts are the same Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Modern-Day Sources of Hierarchy of Law • The U.S. features different sources of law and jurisdictions where those laws are enforced and administered • Terminology is critical to understanding law – Statute • law enacted by Congress or state legislature, also known as statutory law – Code or ordinance • law enacted by local lawmaking body Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Modern-Day Sources of Hierarchy of Law – Other Types of Laws • Federal Law – U.S. Constitution – Federal Statutes – Administrative laws – Federal common law • State law – State constitutional law – State statutes – State common law Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Modern-Day Sources of Hierarchy of Law • City/Council Law – Building and construction standards – Rent control – Noise and nuisance regulations – Public health and safety – Business licenses – Civil rights and antidiscrimination Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Criminal and Civil Law • Criminal law – The body of law that defines criminal offenses and prescribes punishments for their infractions • Prosecutor has burden of proof – The requirement that the state must meet to introduce evidence or establish facts Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Criminal and Civil Law – Beyond a reasonable doubt » The standard used by jurors to arrive at a verdict—whether or not the government (prosecutor) has established guilt beyond a reasonable doubt • Penalty – Prison or jail time, monetary fine, community-based punishment Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Criminal and Civil Law • Civil law • Plaintiff – The party who is bringing a lawsuit or initiating a legal action against someone else. • Defendant – A person against whom a criminal charge is pending; one charged with a crime Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Criminal and Civil Law • Burden of proof rests on the party seeking damages or remedy by preponderance of evidence: often referred to as the “50 percent plus a feather” test • Penalty – Money or some legal remedy Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Substantive and Procedural Law • Substantive law – The body of law that spells out the elements of criminal acts • Procedural law – Rules that set forth how substantive laws are to be enforced, such as those covering arrest, search, and seizure • Miranda warnings Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Essential Element • Mens Rea – guilty mind – Intent: a purposeful act or state of mind to commit a crime – Motive: the reason for committing a crime – Real questions at trial • Did defendant commit the illegal act • Did they have necessary mental state Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Essential Elements: • Actus Reus – criminal act –Voluntary, overt act or an intentional failure to act where there is a legal duty to do so (known as an “omission,” such as a parent failing to feed a child or give him or her medical attention) • The rule is to prove that the defendant committed the actus reus element with the means rea set forth in the criminal law. Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Felonies and Misdemeanors • Crimes are classified into two broad categories – Felonies • Offenses punishable by death or that have a possible sentence of more than one year of incarceration in prison – Misdemeanors • Less serious offense and is typically punishable by incarceration for less than one year in a local jail Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Offense Definitions and Categories • Crime Against Persons – Most people consider these as violent crime or street crime – Homicide • Taking of a human life, most serious act that one can perpetrate against another person – Justifiable homicide • Acts of war, self-defense, legal state or federal executions – Excusable homicide • Killings that are accidental Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Offense Definitions and Categories • Criminal homicides fall into two categories – Murder (intentional) • Categorized by degrees – Murder 1st Degree: is the unlawful, intentional killing of a human being with premeditation/deliberation (often termed “P&D”) and malice aforethought – Murder 2nd Degree: intentional—with malice—yet impulsive, without P&D Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Offense Definitions and Categories – Manslaughter (accidental) • Voluntary manslaughter –Intentional killing but involves (at least in the eyes of the law) no malice; instead, there is “heat of passion” to a degree that a “reasonable person” might have been provoked into killing someone Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Offense Definitions and Categories • Involuntary manslaughter –Typically established in two ways: (1) acts of negligence, such as when one is driving too fast on a slick road and kills a pedestrian, and(2) the misdemeanor-manslaughter rule—similar to the felony-murder rule, but the crime involved is a misdemeanor Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Offense Definitions and Categories • Sexual Assault, “rape” or “forcible rape” – Historically defined as the carnal knowledge of a female forcibly and against her will – Categorized by degrees depending on the type of contact – Includes a strict liability with no mens rea election, also known as statutory rape Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Offense Definitions and Categories • Robbery – Taking of or attempt to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear • Aggravated assault – an unlawful attack upon another for the purpose of inflicting severe or aggravated bodily injury Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Offense Definitions and Categories • Crimes against property – A crime where no violence is perpetrated • Burglary –The unlawful entry of a structure to commit a felony or theft • Larceny-theft –The unlawful taking, carrying, leading, or riding away of property from the possession of another Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Offense Definitions and Categories • Motor vehicle theft –The theft or attempted theft of a motor vehicle • Arson –Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, a public building, a motor vehicle or aircraft, personal property of another, and so fort Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defenses • Affirmative defenses – The defendant admits to the criminal conduct but offers his or her reasons for acting – Two categories • Excuses – The defendant admits to the criminal act, but claims they are excused because of their age or mental state • Justifications – The defendant admits to the criminal act, but claims they were justified in so acting because of some circumstances, such as the need to act in self-defense or to stop a fleeing felon Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defenses • Justification defenses – Self-Defense • Necessity defense, where the defendant argues that he or she had to commit the act because it was necessary to avoid some greater harm Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defenses • What are some other examples of justification defenses? Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defenses • Excuse defenses – Age • Excuses the acts of children age 7 and under because they are too young to be criminally responsible for their actions—they are too young to form the requisite mens rea – Entrapment • Police tactics that overly encourage or entice individuals to commit crimes they normally would not commit Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defenses – Intoxication • Intoxication defense is rooted in the concept of mens rea, and defendants must show that they were operating under such “diminished capacity” that they could not know what they were doing and cannot be held responsible – Duress • Excuse with defendants claiming that they committed the act only because they were not acting of their own free will Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Defenses – Double Jeopardy • Subjecting an accused person to be tried twice for the same offense; prohibited by the Fifth Amendment – Mental Illness/Insanity • Right-wrong test – The test of legal insanity, asking whether the defendant understood the nature and quality of his or her act and, if so, if he or she understood it was wrong • Irresistible impulse test – Requires a showing that the defendant because of a mental illness could not control his or her impulses Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Conclusion • What is the rule of law important? Peak, Introduction to Criminal Justice © 2016 SAGE Publications, Inc. Chapter 1 Fundamentals of Criminal Justice: Essential Themes And Practices Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Learning Objectives • Explain the importance of studying and understanding our criminal justice system • Describe the foundations of our criminal justice system, including its legal and historical bases • Review the influence of politics on our criminal justice system, as well as what can constitute “good politics” and “bad politics” Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Learning Objectives • Define the crime control and due process models of criminal justice • Describe the importance of discretion and ethics throughout the justice system • Describe the fundamentals of the criminal justice process—the offender’s flow through the police, courts, and corrections components, and the functions of each component Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Learning Objectives • Explain the “wedding cake” model of criminal justice • Discuss the importance of ethics and character in criminal justice Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Foundations of Criminal Justice • Three-Strikes Law – A crime control strategy whereby an offender who commits three or more violent offenses will be sentenced to a lengthy term in prison, usually 25 years to life • California • Curb crime? • Later softened Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Foundations of Criminal Justice • The Consensus vs. Conflict Debate – Consensus • Said to exist where a society functions as a result of a group’s common interests and values, which have been developed largely because the people have experienced similar socialization – John Locke » Locke believed that the purpose of government was the protection of property – Thomas Hobbes » Argued that al people were essentially irrational and selfish Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Foundations of Criminal Justice – Conflict • Said to exist in societies where the worker class is exploited by the ruling class, which owns and controls the means of production and thus maintains the constant state of conflict between the two classes – Jean-Jacques Rousseau » Argued that “main is born free, but everywhere he is in chains” » Associated the loss of freedom and the creation of conflict with the development of private property and unequal distribution of resources Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Foundations of Criminal Justice • What is the primary difference between the consensus and conflict theories? – It is how they view the legitimacy of actions of ruling groups in contemporary societies Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Politics and Criminal Justice • Permeating the Field • Politicians – Serve the public • Police – Serve city councils and electors • Courts – Bound by law, budgets, and politics Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Politics and Criminal Justice • Good Politics, Bad Politics – There could be good politics and bad politics – Political Influence • Matters taken into account for developing public policies, allocating funds and other resources, and choosing among preferred alternatives • Can range from major beneficial policy, personnel, and budgetary decisions, etc. • Norm Stamper, former chief of police in Seattle, WA – “Everything about policing is ultimately political” Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Do Ends Justify Means? • Crime control is an obvious and understandable goal for any society • Herbert Packer, 1968 – Two classic models of the criminal justice process • Due Process • Crime Control Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Do Ends Justify Means? • Due Process Model – Packer’s view that criminal defendants should be presumed innocent, courts must protect suspects’ rights, and there must be some limits placed on police powers – Focuses on fairness as its primary goal – It is designed to present obstacles for government actors at every stage – Stresses that crime is not a result of individual moral failure, but is driven by social influences Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Do Ends Justify Means? • Crime Control Model – A model by Packer that emphasizes law and order and argues that every effort must be made to suppress crime, and to try, convict, and incarcerate offenders – A more traditional philosophy – Often referred to as the “assembly line” – The primary goal is repressing criminal conduct and protecting society – The accused is presumed guilty – Views crime as a breakdown of individual responsibility Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Discretion: Making and Applying the Law • Discretion – Authority to make decisions in enforcing the law based on one’s observations and judgment (“spirit of the law”) rather than the letter of the law Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Discretion: Making and Applying the Law • How do actors in the criminal justice system exercise discretion? – Police officers exercise discretion in deciding whether to stop, search, or arrest someone – Prosecuting attorneys decide whether to bring criminal charges – Judges exercise discretion in setting or denying bail and imposing sentences – Corrections officials decide key issues of where to house convicted criminals Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. The Offender’s Pathway Through the Process • Offender’s Pathway – Horizontal movement • beginning with the commission of a crime, investigation, arrest, initial appearance, arraignment, trial, verdict, sentencing, and appeal – Vertical movement • Not discovered or reported • No perpetrator identified or apprehended • Suspect arrested but later it is determined no crime was committed Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Law Enforcement: Investigation/Arrest – Agencies learn about crime from the reports of • • • • • • Victims Citizens Discovery by a police officer Informants Investigative work Intelligence work – Once a crime has been committed, the perpetrator is identified and apprehended Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Prosecution and Pretrial Services • Prosecution: – The bringing of charges against an individual, based on probable cause, so as to cause the matter to go to court • Probable cause: – Legal term that refers to information that would lead a reasonable person to believe that a person has committed, is committing, or is about to commit a crime • Prosecuting attorney: – A federal, state, or local prosecutor who represents the people, particularly victims Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Initial Appearance: – Persons charged with a crime must be taken before a judge or magistrate without unnecessary delay to an initial appearance • Preliminary Hearing or Grand Jury: – Determine whether there is probable cause to believe the accused committed the crime and whether they should be tried Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Adjudication – The legal resolution of a dispute—for example, when one is declared guilty, or a juvenile is declared to be dependent and neglected—by a judge or jury – Arraignment • The accused is informed of the charges, advised of rights, and asked to enter plea • Plead guilty or not guilty – Guilty » Judge accepts or rejects » Accepts: offender sentenced then or at later date – Not guilty » Jury or bench trial Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Sentencing and Sanctions • Mitigating circumstances: – Circumstances that would tend to lessen the severity of the sentence, such as one’s youthfulness, mental instability, not having a prior criminal record, and so on • Aggravating circumstances: – Elements of a crime that enhance its seriousness, such as the infliction of torture, killing of a police or corrections officer, and so on Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Sentencing options – Death penalty – Incarceration – Probation – Fines – Restitution – Intermediate sanctions • Sanction: a penalty or punishment Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Appellate review – Requesting higher court look at arrest, trial, etc. – Provides checks on the criminal justice system – In some cases appeals are automatic – In other cases, the appellate court exerts discretion over which cases it will review Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Corrections • Indeterminate sentence – A scheme whereby one is sentenced for a flexible time period (e.g., 5–10 years) so as to be released when rehabilitated or the opportunity for rehabilitation is presented • Determinate sentence – A specific, fixed-period sentence ordered by a court • Parole – Early release from prison, with conditions attached and under supervision of a parole agency Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Criminal Justice Flow and Process • Juvenile Justice System – Juvenile courts have jurisdiction over matters concerning • Child delinquency • Neglect • Adoption • Status offenses (truancy, running away, etc.) Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Wedding Cake Model • Developed by Samuel Walker • A model whereby a four-tiered hierarchy exists • Premise that not all criminal cases are views or handled the same • The type of treatment may be determined by factors such as the seriousness of the charge, policy implications, etc. Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Wedding Cake Model • Layer 1: Celebrated Cases – Celebrities or high-ranking officials – Command a great deal of media attention – More resources are devoted • Layer 2: Serious Felonies – Violent crimes, offenders with lengthy records – These cases deserve heavy treatment and punishment Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Wedding Cake Model • Layer 3: Lesser Felonies – Less important felonies, may not have record – Nonviolent and typically viewed as less important – May be filtered out of the system prior to trial • Layer 4: Misdemeanors – “Junk” crimes • Example: public drunkenness, minor theft, disturbing the peace Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Ethics Throughout the Criminal Justice System • Ethics – a set of rules or values that spell out appropriate human conduct – Character • Extremely important • Who we are when no one is watching Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc. Conclusion • Why is it important to study and understand the criminal justice system? Peak, Introduction to Criminal Justice © 2017 SAGE Publications, Inc.
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