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
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
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.
- 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*
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
- Crime policy involves use of resources as well as political priorities
Policy Analysis Template
- Why is it an Issue?
- Who are core stakeholder?
- How far reaching
- Constraints and limitations?
Team and Process
- Steps and Schedule
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
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.,?
Consensus: Trying to get everyone to agree with your policy
Trial and Error or Evidence Based?
- Trial Error (Fast)
- Safety Issues
- Constitutional Issues
- Training Issues
- Freedom Issues
- Evidence Based (More process)
- Verified Need
- Cost Analysis
- Best practice examples used or considered
- Consensus Driven
Who Influences Policing Policy?
- Public Youtube
- Other Social Networks
- Films, movies
- T.V Shows
- Urban LEgend
- Case Law
- US Supreme Court
- US Constitution
- Law Suits
- 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.
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
- What are examples of disputed law relating to the First Amendment?
- Demonstration/ Protests
- Entertainment Related Rules
- Labor Disputes
Expression of REligion
Film/ Media-Do SM Sites have to comply?
Dp Police Have 1st Amendment Rights?
- 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.”
- 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…”
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
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,
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
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
“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
- 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
- No unlawful detentions
- Cannot hold prisoners indefinitely without charging
- Lawsuits, indictments, criminal charges
- 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”
- 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)
- 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
- 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.
- 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
- Repeal of Prohibition
- “The 18 article of amendment to the Constitution of the United States is hereby
- 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.
Problem Solving Methods
- Crime Triangle (Suspect, Victim, Location)
- Epidemiology Studies
Change a side of the Triangle
- Self Defense
- Job Training
- Behavior improvement
- Decision Making Skill
- Buddy System
- Improve Physical Layout
- Improve Lighting
- Trim Shrubbery
- Clean ups
- Paint out graffiti
- Plan Activities
- Increase Patrols
- Crime Cameras
- Decoy Operations
- Increased Patrols
- Job Training
- Alternatives to Behavior (Drug Court, DV Court, Counseling)
- 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
*Would be good for crime trend, serial crime, and crime triangle knowledge*
- 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?
- 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
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