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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