Criminal Justice Reading Summary

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Question Description

Each Chapter is a seperate summary the copy of the book is also provided and notes to refer to the summary.

Chapter 5 Summary: Summarize at least 5 key points of the chapter in your own words. You may relate a point in the chapter to an experience, something you read about or heard from a news story or lecture.

At least 2-3 pages

Chapter 6 Summary: Summarize at least 5 key points of the chapter in your own words. You may relate a point in the chapter to an experience, something you read about or heard from a news story or lecture.

At least 2-3 pages

*MENTION PROP 36 IN RELATION TO THE THREE STRIKE LAW*

Below are the readings and notes I also provided an example on how the summary may look like.

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Kevin Le Professor Dudley CJ 400 13 February 2019 Chapter 1 Summary In chapter 1 Flawed Policy, Frances Reddington gives us a basic understanding of public policy and how it is incorporated in criminal justice. He also remarks that the books focus more on the negative aspects of criminal justice, not because it is terrible but to give us a different perspective. He then would discuss who is making these public policies and what roles it plays in the government but also the citizens' life. Through this discussion, Reddington makes five key points, which will be discussed throughout this essay. Regarding what public policy is being passed Reddington makes a strong argument in which public policy will never benefit the whole but only a portion. According to Urban Institute “‘Public policy in the United States in recent years has increasingly been conceived, debated, and evaluated through the lenses of politics and ideology policies are Democratic or Republican’” (Reddington, pg. 5). That remarks are true whenever the majority of Republican or Democratic is controlling the house or senate, policy or bills that are being passed will only benefit its party. One party may say it will benefit the people, but in all honesty, it has never been like that. Politicians are being controlled by a lobbyist who wants laws or policy to benefit them. This lead to Reddington second point about the elitist and populist model of policymaking. Elitist policymaking in which, “Policy was determined and dominated by small, male, metropolitan elite” (Reddington, pg. 8). When the elitist is making the policy, the general public has no knowledge or decision of policy that is being made and pass. Then we look at the populist policymaking, “The idea is that citizens could play a meaningful role in public policy decisionmaking” (Reddington, Pg. 10). Overall Reddington is pointing out on how effective it is on how citizens can play a significant role in public policy making. However, the flaw would be the “upper rungs” are the citizens who are involved and have the majority control of the policymaking. From the people who can influence a significant amount into public policy Reddington would talk about the policy communities. He explains how, “A policy community is that part of a political system that by virtue of its functional responsibilities, its vested interests, and its specialized knowledge acquires a dominant voice” (Reddington, pg. 7). Reddington explains how there are elected stakeholders, for example, mayors, president, and state legislator, while non-elected stakeholder is appointed government bureaucrats. However, I believe the biggest influences in the policy communities are the various interests groups. Interests groups in my mind are controlling the puppets (elected politician) on what policy they want to pass. Due to their power and money, politicians are fallen to this bate by these interests’ groups and controlling what should be pass or not. Overall, I think this the flaw in our government, in which public policy who are meant for the people are being controlled by the elite, who are the interest groups. From there Reddington ends the chapter by talking about evidence-based policymaking. Reddington argues “evidence-based policy is a rigorous approach that draws on careful data collection…” (Reddington, Pg. 11). The remarks that were being made is true when we are carefully analyzing these policies we are to understand better the benefits and risk of policy being passed. Overall it gives us a better understanding of what the policy is trying to enforce and why. However, Reddington points out how there is also a flaw to this idea. Reddington explains how “There is always the issues of human bias. Research methods strive to control for researcher bias, but it may not completely eliminate this issue” (Reddington, pg. 13). Having human bias is true, even though we may say we don’t have any bias, but deep down we are subject to different opinion and ideas. This can mainly can pinpoint to politicians whose preference are undeniably there. Lastly, when we would tie everything that Reddington has said some criteria can be applied to our policies in criminal justice. I believe Foster Six C’s Policy Option will help us and guide to the right path to policymaking. Policy making is never easy; there will always be biases, flaws, and execution, however, if there is a guide like the Six C’s Policy Option we will solve the problem of policymaking. Like Reddington pointer out our criminal justice is not perfect there are flaws, and we need to know what it is. 1/31/19 Course Overview: - Learn about Police and Policy process and concept - Read about Research and Evidence Based Policy Making - Hear about Case Law, “Bad Cops make Bad Laws” - Learn about policies and procedures in San Francisco and across the country. *Mention prop 36 in relation to three strike* Definition: - Webster’s: “A prudence or wisdom in the management of affair” Wiki: “A police is a principle or rule to guide discussion and achieve rational outcomes. A policy is an intent and is implemented as a procedure or protocol.” What is Crime Policy? - A definite course of action chosen by governmental agencies to address crime goals. - Policy can be made at local, state, or federal level - Most US crime policy is local and state, not federal - Who will the police arrest, who will they prosecute, who will they imprison? - Federal government can create financial incentives, but they don't make most crime policy - Crime policy involves use of resources as well as political priorities Policy Analysis Template - - - IN5C: Core Issue - Why is it an Issue? - Who are core stakeholder? Analytic Strategy - How far reaching - Constraints and limitations? Team and Process - Steps and Schedule Financial Issues - Issue: What is it? Need: Is it worth addressing? Are there current policies that address it? Concept: What’s the Plan? Costs: Direct or indirect, near and long term? (efficiency) Constitutional: Issues - Is it lawful? Unintended Consequences: Downsides, collateral benefits? Continuity: How will the plan be carried out, assessed, codified? What is follow up? SARA, SWOT or other Problem SOlving Method used in process 4 Values of Policy - Efficiency: Is it the most economically feasible way to do something? Short or long term? Representation: Does the new policy represent a majority? Is it in interest of special interest groups only or for society as a whole? Social Equity: Does not create a second class Individual Rights: Does it negatively impact Property Rights, Civil Rights, etc.,? 2/4/19 Consensus: Trying to get everyone to agree with your policy Trial and Error or Evidence Based? - Trial Error (Fast) - Safety Issues - Cost - Inefficient - Constitutional Issues - Training Issues - Freedom Issues - Tracking - Biased - Evidence Based (More process) - Researched - Verified Need - Cost Analysis - Best practice examples used or considered - Safer - - Consensus Driven - Unbiased - Consistent Causation Correlation Who Influences Policing Policy? - Media - Public Youtube - Other Social Networks - Films, movies - T.V Shows - Internet - Urban LEgend - Case Law - US Supreme Court - US Constitution - Law Suits - TEchnology - Many others There should be a law! - Law or issues that doesn’t seem quite right and well thought out. - Extra credit for one page note with the subject and why it doesn’t seem to make sense - Examples: The “Doilies Law”, Graffiti Clean-up Law, Soda Ban. 2/7/19 US Constitution Impact First Amendment - - 1st Amendment - Freedom of Religion, Speech, Press, Assembly, Petition “Congress shall make no make laws respecting an establishment of religion, prohibition the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government of redress of grievances.” 1791 - What are examples of disputed law relating to the First Amendment? - Demonstration/ Protests - Nudity - Entertainment Related Rules - Labor Disputes - - Expression of REligion Film/ Media-Do SM Sites have to comply? Dp Police Have 1st Amendment Rights? Second Amendment - Right to Bear Arms - “A well armed Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not infringed.” 1791 - Current examples of Gun Policy in America? - Is Constitutional wording overboard? - Can rules be set regarding gun ownership - Should the government be able to restrict gun types? - Regulate conditions to own or purchase? - Can guns be banned entirely? Justice Warren E. Burger said, “The Second Amendment has been the subject of one of the greatness pieces of fraud, I repeat the word “fraud”, on the American public. The distortion of the intent of the framers of the Bill of Rights…” 2/12/19 - Habeas Corpus: Congress cannot imprison people without accusing them of a crime, except when a rebellion or invasion threatens the public safety. Article 1 Section 9 Ex-Post Facto: Congress cannot pass laws that punish people for acts they committed before those acts became illegal (after the fact). Article 1 Section 9 4th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” 1791 5th Amendment: “No person shall be held to answer for a capital, or otherwise 6th Amendment: “In all prosecutions, the accused shall enjoy the right a fair trial and speedy trial, bu an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have Assistance of Counsel for his defence” Terry v Ohio: Fact: Terry and two other men were observed by a plain clothes policeman in what the officer believed to be "casing a job, a stick-up." The officer stopped and frisked the three men, and found weapons on two of them. Terry was convicted of carrying a concealed weapon and sentenced to three years in jail. Conclusion: In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. Attempting to focus narrowly on the facts of this particular case, the Court found that the officer acted on more than a "hunch" and that "a reasonably prudent man would have been warranted in believing [Terry] was armed and thus presented a threat to the officer's safety while he was investigating his suspicious behavior." The Court found that the searches undertaken were limited in scope and designed to protect the officer's safety incident to the investigation. Mapp v Ohio: Fact: On May 23, 1957, three Cleveland police officers arrive at Ms. Mapp residence in search for a person who was hiding in Ms. Mapp’s home who was wanted in connection with a recent bombing. Ms. Mapp deny entrance after talking to her attorney because the officer did not have a search warrant. The officers came back three hours later. The officer claims they have a warrant to enter Ms. Mapp’s home. Ms. Mapp deny entrance and the officer forcefully enter the house. Once entering the house forcefully, the officer did an extensive search of the house. During the search the officer found lewd and lascivious object and then arrested Ms. Mapp. At trial defense made motion to exclude the evidence. It was denied. Ms. Mapp was “convicted of knowingly having had in her possession and under her control certain lewd and lascivious books, pictures, and photographs.” Conclusion: “We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by the same authority, inadmissible in a state court.” “The judgment of the Supreme court of Ohio is reversed and the cause remanded for further proceedings not inconsistent with this opinion.” Miranda v Arizona: 2 Prong Requirement (Custody & Interrogation) 5th/ 6th Amendment Fact: This case represents the consolidation of four cases, in each of which the defendant confessed guilt after being subjected to a variety of interrogation techniques without being informed of his Fifth Amendment rights during an interrogation. On March 13, 1963, Ernesto Miranda was arrested in his house and brought to the police station where he was questioned by police officers in connection with a kidnapping and rape. After two hours of interrogation, the police obtained a written confession from Miranda. The written confession was admitted into evidence at trial despite the objection of the defense attorney and the fact that the police officers admitted that they had not advised Miranda of his right to have an attorney present during the interrogation. The jury found Miranda guilty. On appeal, the Supreme Court of Arizona affirmed and held that Miranda’s constitutional rights were not violated because he did not specifically request counsel. Conclusion: the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against selfincrimination. Example of Search and Seizure Issues: - Need for Warrant and/or Probable Cause by L.E. - “Knock and Talk” Investigations - Technology Devices - Car Cameras, Body Cameras, crime Cameras - Expectation of Privacy vs plain view or areas with no expectation of privacy 5th/ 6th Amendment - No self-incrimination - Know charges - Right to Attorney - Confront Accuser - Subpoena Power 2/19/19 Wong Sun v United States - - Facts: Police arrested Hom Way for possession of heroin. While under arrest, Way told police that a man named “Blackie Toy” once sold him an ounce of heroin at his laundry on Leavenworth St. Later that day, police found a laundry run by James Wah Toy. Nothing on the record identified Toy as “Blackie Toy”, but police arrested him anyway. Police then went to Toy’s house where they arrested Johnny Yee and found several tubes containing less than one ounce of heroin. Police also arrested Wong Sun. Police interrogated the men and wrote statements in English for them to sign. Both men refused, citing errors in the statements. At trial in U.S. District Court, Toy and Sun were convicted on federal narcotics charges. On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. “Fruit of the poisoned tree” - The initial approach was not exigent - The entry was illegal Any information obtained afterward was inadmissible Wong Sun was the 4th link in a bad chain of events Exigent: Emergency - 6th Amendment - guarantees a speedy public trial for criminal offenses. It requires a jury and guarantees the right to legal council, and also guarantees the accused the right to know the charges against him - What does that mean? - No unlawful search and seizures to aid in prosecution - Consequences: - No unlawful detentions - Cannot hold prisoners indefinitely without charging - Lawsuits, indictments, criminal charges - 8th Amendment - protection from excessive bail and cruel and unusual punishment - “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” - Issues - The National Death Penalty Debate - The SHU (Segregated Housing Unit or Solitary Confinement Issues) - California Bail Issue (“Excessive Bail?”) - Homeless related - “Sit-Lie” Law (“Excessive Fines Imposed) 2/21/19 14th Amendment - granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws.” - What does this mean? - The US Constitution and Federal Law has ultimate authority, even over State Laws. - The US Supreme Court has ruled and indicated this in ruling that the Bill of Rights are guaranteed to all citizens of the United States. 18th Amendment - banned the sale and drinking of alcohol in the United States. - Can’t make, sell, import, export - intoxicating beverages - Illegal import/ export of alcohol - Illegal “Speakeasy’s” - Illegal manufacturing - Organized Crime - Loss of Tax Revenue - Failed Businesses - Health impact - Unsafe Alcohol - NASCAR 21st Amendment - Repeal of Prohibition - “The 18 article of amendment to the Constitution of the United States is hereby repealed.” - 1970 President Nixon declare war on drugs. - Policies that violate the Constitution are often foiled before implementation but may be overturned later by one or more of the branches of government. 2/26/19 Problem Solving Methods - Crime Triangle (Suspect, Victim, Location) - SARA - SWOT - CPTED - Epidemiology Studies - Others Change a side of the Triangle Victime - Education - Training - Self Defense - Transportation - Job Training - Behavior improvement - Decision Making Skill - Buddy System Location - Improve Physical Layout - Improve Lighting - Trim Shrubbery - Clean ups - Paint out graffiti - Plan Activities - Increase Patrols - Crime Cameras - Sinange Offender/ Suspect - Deterrence - Decoy Operations - Increased Patrols - Arrerst - Incarceration - Job Training - Alternatives to Behavior (Drug Court, DV Court, Counseling) 2/28/19 SARA - SCAN - Overall look at the problem - ANALYZE - Look at influences, narrow time, date, victim, type of incident - RESPOND - Action plan. Multifaceted including influences on crime triangle examples - ASSESS - Examine the outcome. If desired outcome is not achieved, go back to analyzation and reformulate response plan. Continue to monitor with 30-60-90 day assessments *Would be good for crime trend, serial crime, and crime triangle knowledge* SWOT - Strengths - Consider the strengths of an issue being examined. What works? - Weaknesses - What are the weak point of a policy - Opportunities - What opportunities exist to a affect the problem? Involve other agencies looking for a project? Include the community or media? Grants? - Threats - What are threats to a project or policy? Public Opinion? Resistance to change? TIme window closing? CPTED - Crime Prevention Through Environmental Design - Using the Crime Triangle concept, generally on affecting a location - Analysis to consider how the environment contributes to a crime or negative behavior - Involving other agencies and the community to affect a change - Example of change: Community clean ups, abandoned auto removal, graffiti pain outs, planting community garden, employing private security or systems, concentrate on a specific crime. ...
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IvyTommy
School: New York University

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Name of the professor
Unit Course
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Chapter 5 Summary
Introduction
Barbara Belbot in chapter 5 looks into the sentencing revolution. According to the author,
there are quite a number of perspectives that can be used to approach this issue. The legislature is
mandated with the role of coming with laws which the judges use when they are going about
sentencing. At other times the commissioners to come up with the guidelines which the judges
have to follow (Belbot, pg 82).
Takeaways
One of the important things that the author talks about is structured sentencing. Structured
sentencing refers to a method of sentencing and punishing criminals that are dependent on the
crime that has been committed and the prior criminal history of the offender. Some of the states
do have guidelines that help the judge on the ruling that he or she should make while other states
do not. This is normally different in the states, since, they have a different way in which they place
the weight to the offender’s prior criminal history (Belbot, pg 85 & 86). One of the main difference
when it comes to the guidelines has to do with how the guidelines were created. In some states like
Alaska, the legislature wrote the guidelines while in other states like Florida and Michigan the
guidelines were written by commissioners. The states that have these kinds require the judges to
follow them and they have to explain their reason for departure if they choose not to follow them.

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Another significant development in the sentencing revolution is mandatory minimum
sentences. This refers to the minimum sentences that a judge is supposed to impose on convicted
offenders, a judge can decide that the offender need a greater pu...

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