1 Components of Criminal Justice PoliceCourtsCorrections The Criminal Justice System Components of Criminal Justice Components of Criminal Justice

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 Consists of:  Misdemeanor  Felony  Appellate To seek truth & obtain justice To adjudicate & sentence Consists of:  Misdemeanor  Felony  Appellate

4 Prosecution and Defense Opponents in an adversarial system Prosecutor represents the people Defense represents the accused vs.

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

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

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

8 Models of Criminal Justice Herbert Packer (1964)  First, what a great last name!  Crime Control Model “Assembly Line” Goal = punish criminal offenders, maintain order  Due Process Model “Obstacle Course” Goal is eliminating errors, limit abuses of the system

9 Procedural Law Procedural laws control the action of the agencies of justice and define the rights of criminal defendants Procedural laws control the action of the agencies of justice and define the rights of criminal defendants

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

11 Procedural Law Procedural laws control the action of the agencies of justice and define the rights of criminal defendants Procedural laws control the action of the agencies of justice and define the rights of criminal defendants

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

13 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.

14 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) 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)

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

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

17 Precursors to Modern Police England (the “frankpledge”)  Pledge system  Hundreds  “constable”  Shires  “shire reeve” Changes in the 13 th Century  Night Watchmen  Justice of Peace

18 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

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

20 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)

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

22 20th Century American Policing Public concern about police corruption led to reform efforts Public concern about police corruption led to reform efforts  August Vollmer Technological advancements Technological advancements  telegraph boxes, motorcycles and police cars Public concern about police corruption led to reform efforts Public concern about police corruption led to reform efforts  August Vollmer Technological advancements Technological advancements  telegraph boxes, motorcycles and police cars Major movements in policing:

23 Current Law Enforcement—The “FEDS” 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

24 Other Federal Law Enforcement The Drug Enforcement Administration  Result of Harrison Act U.S. Marshals INS ATF Secret Service

25 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

26 Metropolitan (city) police Large variation in size  New York City = 36,000 officers  Average city = 50 or fewer officers Police Departments are typically their own political entity  BUT, chief is appointed by mayor

27 Functions of the Police Patrol Investigation Administration/Paper work “Social Work” activities

28 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?

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

30 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”

31 The Role of Police What Should Police be Doing? Traditional Legalistic Model  Patrol and respond to calls  Viewed as “real police work” The latest reform = “community oriented policing”

32 Community Oriented Policing Wilson and Kelling  The “Broken Windows Thesis” Implication of “broken windows for policing?”  Order Maintenance  Problem Solving

33 Implementing COP Programs The Practice of COP Team Policing Foot Patrols Community “Sub-stations” COP Officers Assigned to Neighborhoods “Order Maintenance” Programs

34 Problem Oriented Policing Herman Goldstein coined this term. Similar to C.O.P.  Police should “solve problems” in a particular neighborhood.  Example: NYC Domestic Violence Program Crime Specific “Crackdowns” Targeting Crime “Hot spots”

35 Effectiveness of C.O.P. or Problem Orientated Policing Effectiveness Sketchy at Best 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.  Order Maintenance crackdowns have strained community-police relations in some areas (Amadou Diallo Case)

36 Police and the Rule of Law Procedural Laws in Policing  Miranda rights  Search and Seizure  Police Use of Force

37 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”

38 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  RACIAL?? The use of Deadly Force  Tennessee v. Garner (1985) “Fleeing Felon”

39 The “Police personality”? The Stereotype = cynnical, racist, conservative, hostile  Empirical Evidence not Clear Explaining the “police personality”  Individual traits  Socialization Effect (more support)

40 Police Discretion 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 (intimacy, complainant's preference)

41 Corruption Reiss (1966)  20% of police engaged in at least one act of corruption  Knapp Commission (1973) Serpico “Meat eaters” and “Grass eaters” Police “scandals” still common  Texas drug scandal