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Components of Criminal Justice

Components of Criminal Justice

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Components of Criminal Justice

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  1. Components of Criminal Justice Components of Criminal Justice The Criminal Justice System Police Courts Corrections

  2. Role of the Police • Maintain order • Investigation and Arrest • Provide emergency service • “GATE KEEPERS”

  3. Role of the Courts • To seek truth & obtain justice • To adjudicate & sentence • Different courts: • Misdemeanor • Felony • Appellate

  4. What does corrections correct? Role of Corrections • Probation • Intermediate Sanctions • Prisons • Post-Release Supervision

  5. Juvenile Justice System Clients are:Delinquents(juveniles who commit crime) Status Offenders (truants, runaways, incorrigible or unmanageable juveniles)

  6. Criminal Justice Funnel Of 1,000 crimes that are committed Only 5 juveniles and 18 adults are incarcerated

  7. Procedural Law • Procedural laws control the action of the agencies of justice and define the rights of criminal defendants

  8. Bill of Rights • First ten amendments to the U.S. Constitution. • Purpose is to prevent government from usurping the personal freedom of citizens. • Applied to state actions through the use of the Due Process clause of the 14th Amendment.

  9. Fourth 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.

  10. Exclusionary Rule • The exclusionary rule is not in the Constitution. It is the product of the United State Supreme Court • Weeks v. U.S. (1914) • Mapp v. Ohio (1961)

  11. Fifth Amendment • Deals with admissibility of illegally obtained confessions and self-incrimination. • Miranda v Arizona governs custodial interrogations. • Contains double jeopardy clause. • Contains “Due process” as it applies to the federal government.

  12. The POLICE • Gatekeepers to the CJ system • HIGH VISIBILITY • HIGH DISCRETION • Tension between wanting “effective” police and respecting individual freedom

  13. Precursors to Modern Police • Early England • Pledge system • Hundreds “constable” • Shires  “shire reeve” • Changes in the 13th Century • Night Watchmen • Justice of Peace

  14. Early American Law Enforcement • Followed the English Model • County Sheriff most prominent • Many duties • Paid by a “fee system” • In larger cities • Night Watchmen • Town Marshal

  15. The Birth of Modern Policing • England, 1829 • Sir Robert Peel  London Police force of 1,000 officers • “Bobbies” • Distinctive uniforms, military structure • Led by a “commissioner”

  16. Early American Police Departments • Development of police agencies prompted by mob violence. • Fear of “underclass” by wealthy • Fear of urban street crime produced demands for greater police protection. • First Police Department opened in Boston in 1838 • First full time = New York City (1844)

  17. Early American Police Departments • Police were incompetent, disliked and corrupt. • Appointed by politicians • Enforcement for reigning political powers • Bust strikes • Control the rising number of foreign immigrants • Brutality common (“Delegated Vigilantism”)

  18. 20th Century American Policing • Public concern about police corruption led to reform efforts • August Vollmer • Technological advancements • telegraph boxes, motorcycles and police cars • Modern = radios, cell phones, computers, etc. Major movements in policing:

  19. Federal Law Enforcement • Department of Justice • U.S. Marshalls • FBI • DEA (Drug enforcement) • ATF (Alcohol, tobacco, and firearms) • DHS (Homeland security) • USBP (Border Patrol) • Secret Service • ICE (Immigration and Customs enforcement)

  20. The FBI • The Mann Act  investigators to enforce • Eventually, organized as FBI under Hoover • Responsible for investigating all violations of federal laws that are not covered by other agencies • Bank Robberies • Civil Rights Violations • Many “white collar” crimes

  21. Between Federal and Municipal • County Law Enforcement • Sheriffs Office • Responsible for policing non-city areas • State Police • Every state but Hawaii • Power/function depends upon strength of Sheriff

  22. Metropolitan (city) police • Large variation in size • New York City = 36,000 officers • Average city = 50 or fewer officers • Duluth PD = 150 officers + 30 Staff • Police Departments are typically their own political entity • BUT, chief is appointed by mayor

  23. Functions of the Police • Patrol • Investigation • Administration/Paper work • “Social Work” activities

  24. Functions of the Police • PATROL • Since beginning, police have “patrolled a beat” • Purpose is to DETER crime • KC Preventative Patrol • Directed Patrols or Saturation Patrols • Investigation • Proactive vs. Reactive • Effectiveness?

  25. Investigation • Most Critical = information at crime scene • Bulk of time is spent on reports Clearance Rate

  26. The “Other” police functions • Traffic Control • “Social Work Activities” • Order maintenance, problem solving • James Q Wilson “Handling the Situation” • THE IRONY is that within police departments, the social work function is often considered “bullshit work” • Only 20% of police time involves “real police work”

  27. The Role of PoliceWhat Should Police be Doing? • Traditional Legalistic Model • Patrol and respond to calls • Viewed as “real police work” • New models since the 1980s • “Community Oriented Policing” • Broken windows / order maintenance • Problem Oriented Policing

  28. Community Oriented Policing • A policy implication of social disorganization theory • Focus on neighborhood and linking together informal control with formal (police) control • Build cohesion, get to know people in neighborhood, help citizens solve neighborhood problems

  29. Implementing COP Programs • Team Policing • Foot Patrols • Community “Sub-stations” • COP Officers Assigned to Neighborhoods

  30. Problem Oriented Policing • Herman Goldstein coined this term. • Similar to C.O.P.  Police should “solve problems” in a particular neighborhood. • Different = More aggressive • Crime Specific “Crackdowns,” Targeting Crime “Hot spots” • Focused Deterrence (“Don’t Shoot” stuff) fits with this style • Open air drug markets, gang violence

  31. Order Maintenance/Broken Windows • Wilson and Kelling • The “Broken Windows Thesis” • Implication of “broken windows for policing?” • Order Maintenance • New York City  Times Square • Clear out panhandlers, squeegee men, prostitutes

  32. Effectiveness of C.O.P. or Problem Orientated Policing • Effectiveness Depends • Some C.O.P. programs have improved community relations and reduced fear of crime. • Some Problem Oriented Policing programs have suppressed/reduced crime in certain locations. • “Don’t Shoot” Boston Gun Project • Order Maintenance crackdowns have strained community-police relations in some areas • AmadouDialloshooting and other high-profile cases

  33. Police and the Rule of Law • Procedural Laws in Policing • Miranda rights • Search and Seizure • Police Use of Force

  34. Search and Seizure • In order to search people, cars, or homes, police generally need a warrant • Exceptions • Incident to Arrest • “Stop and Frisk” • Automobile Search • Consent Search • “Plain View”

  35. Police Use of Force • Coercive Force is a Part of Policing • How much force is necessary in a situation? • Most “use of force” is non-lethal • “Brutality” estimates vary

  36. The use of Deadly Force • Tennessee v. Garner (1985) “Fleeing Felon” • Trend of police killings (and killings of police) have been downward • Most department have guidelines for when police may discharge firearm • Review boards for firearm discharge + administrative leave

  37. Police only arrest a small % of all suspects…which ones? Legal Factors “Extra-Legal” Factors Race?? (SR vs. NCVS), Victim may matter more DWB, the “war on drugs” Van Mannen “The Asshole” Situational neighborhood, complainant's preference, etc. Police Discretion