CJ400 Concealed Weapon Permit Policy Analysis

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Yrebl272

Humanities

CJ400

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Think of something new or an existing law and show the policy steps including the following format: *Require the issuance of shall-issue, concealed carry permits in all 50 states* This is the topic that I chose.

5-6 Pages, double spaced, 12 New Times Roman font.

Include: Discuss using the IN5C Formula, Choose and show steps of one of the Problem Solving Formulas. Include APA Bibliography to show at least three source

“There should be a Law…” This paper should be 4-6 pages in length describing a current law or a law or policy that you would like to see implemented using the following: An introduction and information, the Crime Triangle, a Problem Solving Method, the IN5C formula for policy and a conclusion. Three citations are required with an APA Reference page attached (does not count towards page total).

The attachment below was example of how the essay should look like and notes on the class so you can get an idea of what is being said in the requirement.

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CJ 400 Police & Public Policy Final Paper Example Jim Dudley December 2017 There should be a law: The Fresh Start Early Release Program Pending the release of thousands of prisoners from California prisons each year, something needs to be done to prevent them from immediately returning to prison. Recidivism is high in California, due in part to our failure to adequately prepare and support these individuals prior to and immediately upon release from prisons. This policy & program will address the gap to help reduce recidivism. Issue: This policy proposal explains the work training program for prisoners eligible for early release from California State Department of Corrections and Rehabilitation (CDCR) Prisons. The policy proposal is a valid issue due to high recidivism rates (nearly 80%) in California (Yeung, 2010). Need: Currently, court mandated early release programs (AB 109 and Proposition 47) do not require preparation plans for those pending release (citation). Recidivism is extremely high for those released without rehabilitation, job training or treatment. Unless they receive counseling, rehabilitation or other preparation services like education or job training, inmates usually return to prison within a few years of release. A mandatory program called “The Fresh Start Early Release Program” (hereafter known as Fresh Start) can address the needs of the individual prior to release. Concept: Stakeholders including city and county government representatives will begin monthly meetings beginning this month to create a plan tailored to their jurisdiction (City or County). Mandatory participation is required to include representatives of the Police, Sheriff, Probation Department, Mayor’s Office, Public Health, Board of Education, District Attorney and Courts system, and at least 8 Community members, including half being relatives of former inmates. A Chairperson from the California Governor’s Office will direct the program. 1 The stakeholders will create the plan to commence within one year prior to the inmates projected release. The inmate candidate (IC) will be assessed to identify needs relating to addiction, mental health, and education and job skills. A tailored plan will be made for each IC to prepare them for early release. Participation in Fresh Start will be voluntary, but successful ICs will be given priority release dates. Those who participate in Fresh Start will be the Experimental Group while those who do not participate will be in the Control Group (Boyd, 2017). Each group will be tracked to determine the difference in recidivism rates. The Governor’s Legislative Analyst Office will track the progress along with the San Francisco State University Criminal Justice Department. Once released from prison, the ICs will be tracked by the prospective County Adult Probation Department, with monthly check-ins. A quarterly report will be reviewed by the stakeholders with three goals in mind: 1) Reduce recidivism by 25% or more, 2) Identify and adjust problems identified during the probationary period, and 3) Report successes back to the public and to other inmates to encourage support and participation of the program. Recidivism will be identified as IC’s who are arrested for new crimes or those who fail compliance with probation guidelines more than three times (both Control and Experimental Groups). Cost Analysis: The annual cost to house, care and feed an inmate in California has been estimated to be over $70,000 by the California Department of Corrections and Rehabilitation (LAO, 2017). The Governor has agreed to appropriate $25 million dollars for the initial 2 years of the program ($5 million pre-release and $20 million post-release). The funding will pay for stakeholders meetings, prisoner assessments, program tracking, and increased probation supervision at a 1:20 maximum probation officer to probationer ratio, education and job training. There are an estimated 10,000 prisoners eligible for early. Not all 10,000 eligible inmates will participate. The actual cost of tracking individual inmates will vary depending on the numbers who participate. A goal of 1,000 inmates from each group will be targeted 2 for the trial. Each group shall have comparable participants (same offenses, similar numbers of those by gender and health conditions, including mental health issues). Surplus funding (if any) after two years will be returned to the CDCR, or will roll over into new budgets should the program continue beyond 2 years. Constitutional Issues: In examining the Fresh Start proposal, there do not appear to be any Constitutional issues. The program is not compulsory; no inmates are coerced into the program. Early release is an incentive, not the sole condition of release. An inmate or inmates may attempt to litigate for early release before those in the Fresh Start participants group, but we can anticipate the courts rejecting those claims. No inmate release time will be affected by their refusal to be a part of the study. Consequences: Unintentional consequences to the policy are limited. A positive benefit would come from a successful program that would incentivize more participation by those still incarcerated. Once the program is started, it may be difficult to terminate it, causing unrest at California prisons. Released inmates in the Control Group may abscond, causing tracking statistics to be skewed. Too much supervision of the Experimental Group may cause unforeseen reactions to such scrutiny. Finally, litigation may arise from Control Group members who claim discrimination or lack of support from the CDCR. Continuity: The Fresh Start program has been funded for two years from the first release of inmates beginning in January of 2019. The study of the Control Group and the Experimental Group will show if the desired three goals are achieved. A quarterly report will be given to the stakeholders group every three months between January 2019 and January 2021 to assess the program progress. Should problems arise (such as spikes in recidivism) the group will convene to discuss strategies. An annual 3 report will be prepared for the Governor for review. The Governor has the option to renew the program for another 4 years after the second year of the trial or the governor may terminate the program if deemed a failure. SWOT as an Assessment Tool Once the Fresh Start Early Release Program has commenced, with both the Control and Experimental in place in the field, the Strengths, Weakness, Opportunities and Threats (SWOT) tool will be used to assess the effectiveness of the program. The stakeholder’s quarterly meeting will use the Legislative Analysts’ report to address the Strengths, Weaknesses, Opportunities and Threats to the Program. After the first quarterly meeting, the projected report may be look like the diagram below: 4 Fresh Start SWOT Analysis Strengths: Weaknesses: • $5 million budget for Administration of the program • Probation Officer Participation Lacking • 2 Year Plan • Experimental Group Suspicious of Plan • Academic Tracking • Student Turnover at SFSU • Adequate Control Group Participants (1,500) • Not Enough Pre-Release Capacity (Treatment, • Adequate Experimental Group Participants (1,500) Opportunities: Education and Job Training Programs at CDCR) Threats: • Opportunity to Reduce Recidivism • Probation Union Strike Possibility • Can Replicate Success at Other States • New Drug Policy Hurts both Groups • Can Replicate for Incarcerated Juveniles • Governors Election in 1 year • Increase Probation Officer Hiring via Federal • Budget Shortage Statewide Projected Grant OR 5 Epidemiology Study example for topics of Injury, death prevention in Traffic Related laws or policies. There should be a new law to reduce Distracted Driving in California Issue: Injuries and fatalities reached new highs in California in 2016. The following graph shows a ten year study of increases in vehicle collisions in California over the years 2006-2016. Need: Distracted driving costs millions of dollars for emergency room visits, law enforcement operations and to the automobile industry insurance companies that are passed on to consumers. In order to determine the need for a new policy that would require all motorists to use XXXXX (new safety equipment such as a helmet or to require electronic devices on new cars), an epidemiology study was done to see the effects of xxxxx. The Centers for Disease Control (CDC) and websites xxxxxx and xxxx were examined to understand the problem with injuries related to distracted driving. Concept: Stakeholders to examine the problem of distracted drivers included: The California Highway Patrol, California Traffic Courts, Public Health Departments, and Hospital Emergency Rooms, AAA, State Farm, All State, Geico, and other automobile insurance companies as well as California automobile sales representatives. The committee had goals of reducing accidents with injuries and fatalities by 20% for the first two years and up to 50% by 2025. The law change would be crafted to include a statewide educational campaign of 6 months followed by an aggressive enforcement campaign. Drivers will not be allowed to have headphones with wires or wireless earbuds while driving a vehicle on California roads, freeways and highways. Phones, computers, tablets or any other navigation screen will be permitted on dashboards or windshields or within reach of the driver. Hands-free devices without a screen will be permitted to be used f built into the vehicle. [2-3 additional paragraphs.] Cost: Costs include the education and enforcement components described in the concept. Drivers may incur expenses if driving older vehicles without built-in navigational equipment of hands-free devices. Counties are expected to fund enforcement projects and training. Grants may become available from the state using gasoline and vehicle registration fees. CHP and police will need to be trained in accident investigation to determine if electronic devices contributed to accidents. Constitutionality: There are no issues with driving related laws since driving is a privilege and not a right. [Insert citation] Some groups that represent low income drivers may protest with an argument that only wealthy people can afford devices described above. Some may argue that it may hurt the transportation industry of taxis, Uber, Lyft and delivery services that may need visual navigation systems. Consequences: Some drivers may be an even greater risk by trying to use phones and electronics and try to keep them from view of law enforcement. They may create a larger hazard by doing such maneuvers. Traffic congestion may result from people stopping in traffic or in the roadway to look at their phones and devices. [2-3 more issues are needed here.] Continuity: The plan will become law in June and will be evaluated every 3 months. Police will forward mandatory reports to the California Department of Traffic (DOT) each month. Emergency room 6 physicians will report accidents involving motorists to police. The law will sunset (end) in 24 months unless renewed by the State Legislature. Epidemiology Study: Statistics will be gathered to show the impact and effects of distracted driving for a committee report. Injury and fatality reports will be gathered to show the effects of distracted driving. Surveys will be done before the law takes effect at all universities and Department of Motor Vehicle (DMV) offices to ask: 1. 2. 3. 4. 5. 6. 7. 8. How often do you drive? Do you use your phone to make calls while driving? Do you own a “Hands Free” system? Do you use a device to map your travel route? If yes, how often? Have you been in an accident or near accident due to phone use? Do you use your phone or tablet for work? Would you be able to drive without the assistance of an electronic device? The DOT will be responsible to track statistics every 3 months to determine if distracted driving collisions are reduced from previous years. The CHP will tally all traffic citations and warnings given from every law enforcement agency in the state, every three months. A report will be made in regards to distracted driving trends. 7 Works Cited Boyd, N. (2017). "What is a Control Group?". Retrieved December 2, 2017, from Study.com: https://study.com/academy/lesson/what-is-a-control-group-definition-and-use-in-research.html LAO. (2017, March). Legislative Analyst Office of California. Retrieved December 2, 2017, from LAO.CA.Gov: http://www.lao.ca.gov/PolicyAreas/CJ/6_cj_inmatecost Yeung, B. (2010, November 4). California DOC Report Looks at High Recidivism Rates. Retrieved December 2, 2017, from PoliceOne.com: https://www.correctionsone.com/re-entry-andrecidivism/articles/2865158-California-DOC-report-looks-at-recidivism-rates/ CDC CHP Cal DOT 8 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 Victim - 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. 3/05/19 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. Three Key Components to CPTED - Control Access - Provide Opportunities to See and be Seen - Define Ownership and Encourage the Maintenance of Territory Epidemiology - Is the study of the impact of disease and injury on the population - Examine a negative outcome to find the root cause of the problem and makes changes - Examples - High School Football Neck Injuries in Texas - Hunting SEason increase in injuries in Louisiana - Traffic Study on 6th Street pedestrian injuries in San Francisco - Harm Reduction Examples - Golden Gate Bridge Barrier - Injection Houses - 4/20 Accessible - Sin Tax - Narcan/ Naloxone - Free Needle Exchange - Free Condoms for Prostitutes - “Wet Houses” for alcoholics - “Tipsy Tows” on Holidays Epidemiology Studies Influence on Law - Traffic Related: Seatbelts, Bicycle Helmets, Pedestrian laws, Bike Laws, Speed Limits, Lights - Youth: Age requirement to purchase glue, toluene, etc., Curfews, alcohol, smoking - Child Abuse LAws, Neglect, Sex Abuse, Death - Health Factors, External Influences - Adult Violence: Including Domestic 03/07/19 Which is the best PSM? 1. To address the performance of a Task Force *(SWOT) Existing group, organization, team* 2. To address an area where crimes are frequently committed *(CPTED) 3. To understand injuries suffered by youth who are showing up with discolored mouth and intestinal problems. *(Epidemiology) 4. To help solve burglaries that occur in the mornings between 7 and 9 am, in a 4 block area near a school, where bathroom windows are the frequency point of entry. *(SARA) Crime suspect, location, time frame, common point of entry* Resource Cheat Sheet - Police, Sheriff, DA, City Attorney, Judges - Parole, Probation, Juvenile Probation, Juvenile Court, School District - Mayor’s Office, Dept. of Social Services, Veteran’s Affairs, HOPE, Homeless Outreach - Parks and Recreation Department, Dept of Public Works, Dept of Traffic, MTA, BART, CalTrain - DEM - Dept. of Emergency Management, Fire Department - Dept. of Public Health, State and Federal Agencies Additional Resources - Faith Based Community - Community Residents - Non-Profits - Federal and State Resources - Advocate Groups - The Media - Social Networks 03/12/19 SYRINGE ACCESS & DISPOSAL: - “802”= Death case - Who is the video for? What part of the IN5C formula does it represent? - SFDPH SYRINGE ACCESS & DISPOSAL Video: https://www.bing.com/videos/search?q=sf+needle+exchange+video+sfpd&&view=detail&mid= B0DD2D9D888CE1211448B0DD2D9D888CE1211448&&FORM=VRDGAR - City of San Francisco provides 5,000,000,000 needles but only about 1,000,000,000 are turned back in. Should needle possession be permitted in SF? I: There illegal N: Yes, Disease- Illness death C; (concept) stakeholders : SFPD/ sheriff's Office, judge, DA,Probation, public defenders C: (Cost)- $ Public health C: (constitutionality) > No constitutional C: (consequences) Lawsuits, litter needles C: (Continuity) Budget-How long? Limit on policy “sunset” clause Cost: - Needles - Naloxone - staffing , health, facility - Education, literature City of SF hired 10 individuals to pick up needles throughout the whole city 3/14/19 Policy Steps - What or Who influences policy? - Are they always crafted to fill a need Facts of the Case - A patient, 57 year old woman Lynne Spalding is admitted to SF General Hospital on September 19th, 2013 for complications related to an infection. 3/19/19 Was the “Old” Policy Bad? - Patient goes missing search begins Was someone in charge of the search? Was a coordinated search made? Was there a checklist of areas searched? Was a command post set-up? Did people assume that she went home since she lived so close and medical condition was not critical? Did door alarm work? Were Staffers ‘conditioned’ or ‘desensitized’ to alarms sounding? Missing Children Protocol - Officer Respond to Scene - Officers gather information: photo, place last seen, attitude of person (sad, despondent, fight with parents, etc.,) description of current clothing and belongings (backpack, purse, suitcase) - Immediate broadcast of known and pertinent information to all other units - Immediate and thorough search of house site top to bottom - Teletype, fliers, statewide alert, Amber Alert if applicable House Parties - Local ACLU Attorney contacts Chief of Police - Complains she represents 5 DJ’s who had their property confiscated - PD Refuses to release property until prosecution The Solution - Officers responded to future complaints - Officers documented and photographed violations - Offenders were cited and released *MIDTERM REVIEW* - 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? IN5C: - 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.,? Miranda 2 Prong Test - Custody/ Interrogation Moral Panic: Is an extreme social response to the belief that the moral condition of society is deterioration at a rapid pace. Numerous sociologist have interpreted moral panic as a device used to distract public attention from underlying social problems and justify increase social control over the working class and other potentially rebellious segments of society. Example: Flashing a flashlight will get you killed by gang member Populist: A member of political party claiming to represent the common people; especially often capitalized. Free college tuition Elitist: Leadership or rule by an elite. Everyone that has a Roll Royce gets to park for free Examples of PSMs 1. SWOT 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? 2. SARA 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 3. 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. 4. Epidemiology Epidemiology - Is the study of the impact of disease and injury on the population - Examine a negative outcome to find the root cause of the problem and makes changes - Examples - High School Football Neck Injuries in Texas - Hunting SEason increase in injuries in Louisiana - Traffic Study on 6th Street pedestrian injuries in San Francisco - Harm Reduction Examples - Golden Gate Bridge Barrier - Injection Houses - 4/20 Accessible - Sin Tax - Narcan/ Naloxone - Free Needle Exchange - Free Condoms for Prostitutes - “Wet Houses” for alcoholics - “Tipsy Tows” on Holidays Epidemiology Studies Influence on Law - Traffic Related: Seatbelts, Bicycle Helmets, Pedestrian laws, Bike Laws, Speed Limits, Lights - Youth: Age requirement to purchase glue, toluene, etc., Curfews, alcohol, smoking - Child Abuse LAws, Neglect, Sex Abuse, Death - Health Factors, External Influences - Adult Violence: Including Domestic 3 Goals of CPTED 1. Control Access 2. See + Be Seen 3. Define Ownership Amendments - Gun - 2nd Amendment - Speech - 1st Amendment - Miranda - 4th/5th Amendment - Prohibition - 18th Amendment (21st Amendment repeal) Crime Triangle - Victim, Suspect, Location 4/02/19 Historical Overview: - America’s Romance - Alcohol’s role that helped “shape” America The Temperance Movement Simultaneous public opinion of drug use Corruption by Immigrants Dr Hamilton Wright: The father of modern enforcement First Opium Drug Commissioner of the US appointed by THeodore Roosevelt Narcotics seems as greatest evil and threat to society Addicts seen as morally defective & needed restoration by “whatever means necessary” Cleverly disguised Narcotics Regulations as a Tax Law Opiates in America - 19th Century use of opiate laced ‘medical treatments’ - 1910 - Morphine was ‘most frequently used drug’ ‘Alcohol was the fifth most commonly used medical drug’ - Bayer synthesized heroin in 1898 - Cocaine marketed as cure for minor ailments & actually used Coca-cola - Opiates widely prescribed today for pain relief 4/4/19 Marijuana - Still illegal in the eyes of the Federal Government California Proposition 64 - California Proposition 64, the California Marijuana Legalization Initiative, was on the November 8, 2016, ballot in California as an initiated state statute Opioid Issues The Perfect Storm: 4/9/19 Decriminalize street heroin is cheap and abundant Over the past decade opioid based prescription medications have been pushed as pain relief by physicians and big Pharma “No consequence = no deterrence” Laws from Victims Incidents Origins of Laws - Megan’s Law, Laura’s Law, Matthew Shepard and James Byrd Law, Kristen’s Law, Brady Bill, Clery Act, Amber Alerts, Marsy’s Law, Kate’s Law, Linsburgh Law The Lindbergh Law - This 1932 law was passed in the wake of the infamous Lindbergh kidnapping. It makes transporting a kidnapping victim across state lines a federal crime that is punishable by life imprisonment. Furthermore, since the law made it federal crime to transport victims from state to state, it enables the FBI and other federal agencies to being their resources and manpower to kidnapping cases. Brady Bill - The high-profile piece of gun control legislation was named after former White House Press Secretary James Brady, who was shot and paralyzed by John Hinckley, during 1981 assassination attempt on President Reagan. The 1994 law mandated waiting periods for handgun purchases and ordered federal background checks on anyone who attempted to buy a gun Kristen’s Law - In 1997, 18 year old Charlotte resident Kristen Modafferi disappeared, but since she was an adult, her family couldn’t use any of the nation’s kidnapping resources to try to track her down. Matthew Shepard & James Byrd Law - The Hate Crimes Prevention Act makes hate crimes a federal crime and provides resources for investigators on every level from local to federal. In a nutshell, it makes perpetrators of hate crimes far more likely to be caught and punished. Ploy Klass Benefits - Law Enforcement COmmunications Improvements - Three Strike LAws - Scrutiny of Violent Felonies Penalties Laura’s Law - Is a California State law that allows for court-ordered assisted outpatient treatment or forced antipsychotics in most cases. To qualify for the program, the person must have a serious mental illness plus a recent history of psychiatric hospitalizations, jaling acts, threats or attempts of serious violent behavior towards or other. Jeanne Clery Act - The law is names after Jeanne Clery, a 19 year old Lehigh University student who was raped and murdered in her campus hall of residence in 1986 Political Influence on Policy - “Politicization” of Crime: Grand standing by politicians to divert from other issues; Symbolic Gesture laws rather than Evidence based or researched - “False Dichotomies” Everyone goes to jail or no one goes to jail; Excessive bail no bail; All sex offenders go on a registry none go on it 4/16/19 Use of Force Definition Force - Noun 1. Physical power or strength possessed by a living being; He used all his force in opening the window 2. Strength or power exerted upon an object Deadly Force: Force likely to cause a great bodily injury or death Excessive Force: Illegal or unreasonable use of force, given the information the officer had at the time Justifiable Force: Force use in accordance with law. Same as legal force Less Lethal Force: Tools or tactics that have less potential than deadly force Reportable Force: Per department policy. Formal reporting necessary Unnecessary Force: Force that might be justified but could have been avoided Type of Force: - Verbal Persuasion Verbal Commands Open Hand Passive Resistor Compliance Holds Distraction Blows Legs Sweeps Hair Take Down Pepper Spray or Gas Less Lethal Device Baton/ Collapsible Baton Taser or Electronic Carotid Hold K-9 Firearm 835 A California Penal Code - - Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to selfdefense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. 4/18/19 4th, 8th, and 14th Amendment (Use of Force) Objective Reasonableness - Graham v Connor - “...a law enforcement officer must act as other reasonable must act as other reasonable officers would have acted in similar situation.” - It is not intended that any suspect should ever be allowed to be the first to exercise force, this gaining an advantage in physical confrontation. Example - No hand to hand, stick to stick, knife to knife combat. Officers may escalate to overcome resistance. SFPD Policy - Department General Order 5.01: - Officer are permitted to use whatever foice is reasonable and necessary Force Justification - To prevent the commission of a public offense - To prevent a person from injuring himself/ herself - To effect the lawful arrest. Detention of persons resisteing or attempting to evade that arrest/ detention - In self-defense Discharging a Firearm DGO 5.02 - In self-defense when the officer believes that they may be in imminent danger of death or serious bodily injury. - In defense of another person when the officer has reasonable cause to believe - Not allowed to discharge at a person who presents a danger only to themselves (Blue Suicide by Cop) - To apprehend a person when BOTH circumstances exist: - The officer has reasonable cause to believe that the person has attempted to commit a violent felony involving the threat of use of deadly force AND - The officer has reasonable cause to believe that a substantial risk exists that will cause death or serious bodily injury to officers or others death or serious bodily injury if the apprehension is delayed Other Circumstances - To kill a dangerous animal or one so badly injured to prevent further suffering - To signal for help when all other means are exhausted - Never as a warning Graham 3 Prong Test - First what was the severity of the crime that the officer believed the suspect to have committed or be committing? - Seconds did the suspect present an immediate threat to the safety of the officers or the public? - Third was the suspect actively resisting arrest or attempting to escape? 4/25/19 - 1990 Henry Quade Case (Daughter filing claim is Alexander) Health Department called Police to assist with health violations case (Squalor, sewage seepage into neighbors yard and street, etc.,), armed with an administrative warrant. Officers met by Quade who refused to allow entry and yelled: “I have a gun and I will use it.” Officers surrounded house, shut it down nad made forced entry with a Tactical Team after some delay Alexander v SF - Once inside Officers encountered Quade who stood at top of stairs with a gun and appeared to pull the trigger while pointing the gun at the officers - SWAT Officers fired on Quade, killing him 5/7/19 - Prop 47 & 57 AB 109 What caused alarm and led Governor Brown to look at alternatives to Criminal Justice Policy in 1990? What was the state of the 33 California State Prisons in 2009? Who ordered release of prisoners to reduce the California Prison populations? Who did the Governor task to help solve the problem? What was presented to voters? AB109 was known as “Realignment” why?
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Running Head: POLICY ANALYSIS

1

Policy Analysis: Concealed Weapon Permit

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POLICY ANALYSIS

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Concealed Weapon Permit (CWP) defines a practice of carrying weapons such as
handgun in public in a concealed manner, either in close proximity or on one’s person. Not all
weapons in CCW laws are lethal. For instance, carrying pepper spray in Florida in more than 2
oz. of chemical necessitate the implementation of CCW permit whereas everyone may carry
smaller weapons legally.
Issue
Almost all states have the right to carry law that qualifies individuals to carry weapons.
These laws’ proponents claim that deterred by the fact that they know that potential victims may
be having weapons. As much as the deterrence reduces crime, it is not clear that such deterrence
occurs. Even if it reduces, many offsetting adverse consequences occur. For instance, increased
potential victim firearms possession may motivate more criminals to carry firearms thereby
increasing violent crimes. Moreover, increased CCW increases accidental injuries, death, or
shooting during an argument. Ultimately, is it empirical to allow individuals to carry concealed
weapons? Does the act generate net social cost or benefit?
Need
Annually, the FBI releases statistics of all sorts of crime. For instance, the FBI
aggravated assault statistics for 2015 talked about firearms, knives, and other weapons. If there
are enough attacks with personal and other weapons to track them, what does that signifies? It
signifies that an American citizen is not always on the lookout for a hooded thug lurking in the
rusty revolver’s shadows holding. No matter what an individual does, whether he or she likes it
or not, he or she can be instantly in a situation where his or her life is in danger. Either in a gas
station, walking or at home, one never knows when he or she will be unlucky in the random
lottery of being a victim or a statistic. One may not be the most imposing figure to be a target for

POLICY ANALYSIS
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