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.
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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
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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
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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
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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.
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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:
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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
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-
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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
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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
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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
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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:
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Need for Warrant and/or Probable Cause by L.E.
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“Knock and Talk” Investigations
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Technology Devices - Car Cameras, Body Cameras, crime Cameras
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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
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-
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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