2. CRIMINAL JUSTICE POLICING IN AMERICA

3. DUTIES OF THE POLICE  4 MAJOR DUTIES Keep the peace Apprehend violators Prevent crime Provide Social Services

4.  POLICE ARE NOT ONLY THE MOST NUMEROUS, BUT ALSO THE MOST VISIBLE OF THE CJ SYSTEM

5.  POLICE ARE CONSIDERED TO BE THE “GATE KEEPERS” They have the first contact Make decisions on if the citizen will continue in the CJ Process

6. DISCRETION  Decision making according to professional judgment based on training and experience  Looks at: Seriousness of the offense Criminal hx of the offender Relationship between victims and offenders Strength of legal case against suspects and defendants

7. SOCIAL CONTRACT  Members of society are assumed to have entered an agreement to create the state and a government to acquire security and order for all  Citizens surrender certain rights. In exchange for that they expect the government to provide an effective system for regulating conduct

8. FORMAL CJ “BY THE BOOK”  U.S. and State Constitutions  Statutes—created by U.S. Congress, State Legislatures and City Councils  Court decisions both State and Federal  Written policy of CJ agencies

9. INFORMAL CJ “CJ IN ACTION”  Recognizes the need for flexibility  Examples  BOTH FORMAL AND INFORMAL NECESSARY

10. SOCIAL CONTROL  INFORMAL---one person to another  No police involvement  FORMAL—”handcuffs” Police involved

11. OTHER SOCIAL CONTROL INSTITUTIONS RELIGIOUS GROUPS FAMILIES SCHOOLS

12. CJ IS A STRUCTURE AND PROCESS  STRUCTURE CJ Agencies Professionals in them  PROCESS Decisions made by those professionals

13. STRUCTURE  Three government agencies and three levels of government Law enforcement Courts Corrections Levels of government  Local  State  Federal

14. STATE AND LOCAL  Law Enforcement—Police departments and County Sheriff  Court—Lower courts, trial courts, Court of Appeal and Probation  Corrections—County jails, State prisons and Community corrections agencies

15. FEDERAL

16.  FBI  DEA  ATF  U.S. MARSHALS  U.S. PROBATION OFFICE  Approx 65 different agencies

17. PROCESS OF CJ  Series of decisions  Begins with Law Enforcement then to  Prosecutors then to  Courts then to  Corrections

18.  Criminal justice is a structure and a process  Parts are interdependent

19.  Decisions affect each other  Not always cohesive

20. HYDRAULIC EFFECT  Discretion can shift from one agency to another

21. DECISIONS PRIOR TO CJ PROCESS  Legislatures decide what will be a crime Any human conduct that violates a criminal law and is subject to punishment

22. FOUR TYPES OF LAW  SUBSTANTIVE LAW  PROCEDURAL LAW  CIVIL LAW  CASE LAW

23. SUBSTANTIVE LAW  CRIMINAL STATUTES POLICE CANNOT ARREST CITIZENS UNLESS THEY VIOLATE A SUBSTANTIVE LAW

24. PROCEDURAL LAW  Laws that dictate how police will do their job  For example: Use of Force

25. CIVIL LAW  Regulate social interactions arising from private, commercial or contractual relations  For example: City Building Codes

26. CASE LAW  Written opinions of the courts  For example: Miranda rights

27. DEFINING CRIME—SUBSTANTIVE LAWS  MALA IN SE—latin term Wrong in themselves Broad agreement in society that certain actions are so harmful that they must be punished

28.  MALA PROHIBITA Laws that are enacted even though people in society may disagree about the harmfulness of certain acts

29. 11 STEPS OF THE CJ PROCESS  Victims report crimes

30.  Law Enforcement investigate

31.  Police apprehend and arrest

32.  Prosecutor charges

33.  Suspect---guilty---plea bargain

34.  Suspect—not guilty---trial

35.  Judge sentences

36.  Convicted have appeals

37.  Convicted goes to corrections

38.  Convicted awarded privileges or punishments

39.  Convicted paroled  Step 11

41. MODELS OF CRIMINAL JUSTICE  Wedding Cake  Seriousness of charge  Past criminal record  Relationship of victim to offender  Was victim injured  Gun used  Strength of case  Funnel  Opposite shape of Wedding Cake  Sorting process  Case attrition  “Letting criminals off??”  Arrest does not mean guilt

42. WEDDING CAKE Celebrated cases Real crimes Ordinary felonies Misdemeanors

43. FUNNEL Lots of cases Few sentenced

44. CJ MODELS CON’T  Crime control model  Focus on need to protect people/property  For the good of society  Emphasizes police investigation and guilty pleas  Not concerned with fairness  Assembly line  Due process model  Focus on rights of individuals  Obstacle course  Adversary process—get to the truth by fighting in court  Formal rules of criminal procedure

45. CRIME CONTROL MODEL Assembly line

46. DUE PROCESS  OBSTACLE COURSE

47. PENDULUM  Crime control/due process PENDULUM

48.  Where are we now????

49. USA PATRIOT ACT OF 2001

50. QUALITIES OF A POLICE OFFICER  CURIOUS  ABLE TO PERCEIVE DANGER  PERSPECTIVE EMPATHETIC COMPASSIONATE

51.  Decisive  Have self-control  Must be able to adapt  Varied approaches to unique problems

52.  HOW DO YOU LEARN THESE QUALITIES???

54. PROCESS IN A NUTSHELL  Citizens report crimes  Police investigate  Police apprehend and arrest  Prosecutor charges suspects  Suspect—guilty—plea bargain  Suspect—not guilty—trial  Judge sentences  Convicted have appeals  Convicted goes to corrections  Convicted awarded privileges or punished  Convicted paroled

55. CONSIDERATIONS  RACE  ETHNICITY  GENDER  Are there disparities (inequities)???  Caused by what????