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1Components of Criminal JusticePoliceCourtsCorrectionsThe Criminal Justice System

The Criminal Justice System23Role of the PoliceMaintain orderInvestigation and ArrestProvide emergency serviceGATE KEEPERS

4Role of the CourtsTo seek truth & obtain justiceTo adjudicate & sentenceDifferent courts:MisdemeanorFelonyAppellate

5CorrectionsCarrying out the SentenceProbationIntermediate SanctionsPrisons Post-Release Supervision

Whatdoes correctionscorrect?6Juvenile Justice System

Separate System since roughly 1900DelinquentsJuveniles who Commit CrimeStatus OffendersTruants, runaways, incorrigible youth

Law to Regulate CJS ActorsProcedural LawControls the actions of people who work in the criminal justice system.Defines the rights of criminal defendants.

Jude Law Actor in such films as Gattica, Sherlock Holmes, and Cold Mountain.7

8The POLICEPrecursors to Modern PoliceThe Development of Modern PoliceCurrent Law Enforcement in the U.S. Functions of PoliceIssues and Controversies in Policing

9Precursors to Modern PoliceEarliest forms of Policing Date to at least 9th Century England Pledge systemHundreds constableShires shire reeveNight WatchmenJustice of Peace10Early American Law EnforcementFollowed the English ModelCounty Sheriff most prominent Many dutiesPaid by a fee systemNights Watch, marshals in some cities

Wild West period Vigilantism 11The Birth of Modern PolicingEngland, 1829Sir Robert Peel Metropolitan London Police force of 1,000 officersBobbiesDistinctive uniforms, military structureAlternative to the use of military to suppress the dangerous classes that created disorder in English cities

20th Century American Policing Political EraProfessional Era Community Policing Era 12Political Era Development of police agencies prompted by mob violence.Fear of underclass by wealthyFear of urban street crime by public.

First Police Department opened in Boston in 1838First full time = New York City (1844)13

14Political Era IIPolice were incompetent, disliked and corrupt.Appointed by politicians (patronage system)Muscle for reigning political powers/capitalist elitesCreated and/or used to crush labor strikes No job security

Control the rising number of foreign immigrantsBrutality common (Delegated Vigilantism)

Professional EraCivil Service development TechnologyTelegraph boxes, motorcycles, cars, radios, computers, in-dash camerasMore control of uniformed patrol, but less informal interaction with citizens Reform movements August Vollmer College degrees, better pay, more citizen respect, etc. 15Turmoil of the 1960s/70sProfessional image takes a beatingResponse to civil rights, Viet Nam protests, etcSocially conservative police as disconnected from a rapidly changing society

Government reports + SciencePolice as poorly trained and innefective

16The Community Policing Era1980s 2000s = Innovation

Get law enforcers back into the communityProblem Solving Broken Windows (1982) and Order Maintenance More technologyGIS, on-demand statistics 1718Federal Law EnforcementDepartment of JusticeU.S. Marshalls FBIDEA (Drug enforcement)ATF (Alcohol, tobacco, and firearms)DHS (Homeland security) USBP (Border Patrol)Secret ServiceICE (Immigration and Customs enforcement)19The FBI

The Mann Act investigators to enforce Eventually, organized as FBI under HooverResponsible for investigating all violations of federal laws that are not covered by other agenciesBank RobberiesCivil Rights ViolationsMany white collar crimes Career IssueWhat I hearI want to be a federal law enforcement agent (FBI, Marshal), but not a city cop RealityThe FBI hires mostly people with some law enforcement and/or military background.The FBI seeks those with accounting, computer, and law backgroundsBest bet may be to enter the federal system wherever possible (Border Patrol)2021Between Federal and MunicipalCounty Law EnforcementSheriffs OfficeResponsible for policing non-city areasState PoliceEvery state but HawaiiPower/function depends upon strength of SheriffTraffic enforcement with Separate BCAFull police jurisdiction over non-municipal areas

22Metropolitan (city) policeLarge variation in sizeNew York City = 36,000 officersAverage city = 50 or fewer officersDuluth PD = 150 officers + 30 StaffPolice Departments are typically their own political entityBUT, chief is appointed by mayor23Functions of the PoliceLaw enforcement Order maintenance Service 24Law Enforcement PATROLSince beginning, police have patrolled a beatPurpose is to DETER crimeKC Preventative PatrolDirected Patrols or Saturation PatrolsInvestigationProactive vs. ReactiveEffectiveness?25Investigation Critical = information at crime sceneBulk of time is spent on reports

Clearance RateCareer Issues What I hear:Id like to be a homicide (or violent crime) detective, but I dont want to be just a patrol officer.

RealityPretty much all detectives start out as uniformed patrol officers. Why would an agency hire a college graduate with no law enforcement experience as a detective? 2627The Other police functionsTraffic ControlSocial Work ActivitiesOrder maintenance, problem solvingJames Q Wilson Handling the SituationTHE IRONY is that within police departments, the social work function is often considered bullshit workOnly 20% of police time involves real police work 28What Should Police be Doing?Traditional Legalistic ModelPatrol and respond to callsStill viewed as real police work by many agencies and officers New models since the 1980sCommunity Oriented PolicingBroken windows / order maintenance Problem Oriented Policing29Community Oriented Policing A policy implication of social disorganization theoryFocus on neighborhood and linking together informal control with formal (police) controlBuild cohesion, get to know people in neighborhood, help citizens solve neighborhood problemsExamples of policyFoot PatrolsCommunity Sub-stationsCOP Officers Assigned to Neighborhoods

30Problem Oriented PolicingHerman 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 spotsFocused Deterrence (Dont Shoot stuff) fits with this styleOpen air drug markets, gang violence Order Maintenance/Broken WindowsWilson and KellingThe Broken Windows ThesisImplication of broken windows for policing?Order Maintenance New York City zero toleranceTimes SquareClear out panhandlers, squeegee men, prostitutes

31Intelligence Led PolicingRoots in Kansas City Preventative Patrol, and Minneapolis Domestic Violence experiemnts Use scientific evidence to direct policeNew York CompStatUse of GIS David Kennedy and othersUse of Universities to collect and analyze data on offenders/gangs3233Effectiveness of C.O.P. or Problem Orientated PolicingEffectiveness DependsSome 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. Dont Shoot Boston Gun ProjectOrder Maintenance crackdowns have strained community-police relations in some areasAmadou Diallo shooting and other high-profile cases 34Police and the Rule of LawProcedural Laws in PolicingMiranda rightsSearch and SeizurePolice Use of Force35Fourth AmendmentThe 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.

36Search and Seizure In order to search people, cars, or homes, police generally need a warrantExceptionsIncident to ArrestStop and Frisk Automobile SearchConsent SearchPlain View 37Exclusionary Rule

The exclusionary rule is not in the Constitution. It is the product of the United State Supreme CourtWeeks v. U.S. (1914)Mapp v. Ohio (1961) 38Fifth Amendment

Focuses on admissibility of illegally obtained confessions and self-incriminationContains due process for Federal Government

Miranda RightsYou have the right to remain silent39Police Use of Force Coercive Force is a Part of PolicingHow much force is necessary in a situation?Wrongful Use vs. Disproportionate Use

The use of Deadly Force

Tennessee v. Garner (1985) Fleeing FelonTrend of police killings (and killings of police) have been downwardMost department have guidelines for when police may discharge firearmReview boards for firearm discharge + administrative leave40

41Other Policing IssuesUse of Discretion Police only arrest a small % of all suspectswhich ones?

Police SubculturesPolice personality vs. stress of jobPolice corruption and professional courtesy