Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice

1. Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr. Abu-Lughod, Reem Ali Enforcing The Law

2. Intro: • Police Discretion (pros and cons) • Kenneth Culp Davis Police Discretion: positive because they use common sense, example • Problems with racial biases, racial profiling • Losing faith in police • POLICING STYLES: • Interx with public • Different orgs • Diversity, community • Different crime categories

3. JAMES Q. WILSON in Varieties of Police Behavior identifies 3 styles of policing: 1) Watchman Style: a) to maintain order (discretion, verbal warnings) and b) law enforcement (law violators) Primarily working out disputes between citizens informally 2) Legalistic Style: little discretion required, enforcing law, focus on crime committed, extralegal factors less influential 3) Service Style: serve community and citizens, goal not to arrest…..diversion programs, warnings, increase use of discretionary powers but evaluated and acts may be altered NOTE: OTHER STYLES OR COMBINATION OF STYLES MAY BE PRESENT

4. POLICE SUBCULTURE AND POLICE CORRUPTION • Style adopted also depends on personality of police officers and their interactions • Police may feel isolated because of the nature of work they engage in • Jerome Skolnick coined that as the “policeman’s working personality” • It’s their sub\culture and values, etc… 1) The Symbolic Assailant • The individual is an assailant until they can prove that they are not a threat to soc • Always on guard to identify people’s behavior (clothes, language, etc...)

5. 2) Danger: • The nature of work can be dangerous • May be victims 3) Social Isolation: • Citizens treat officers differently? • Limit social interactions 4) Solidarity: • Combinations of danger and isolation • “us against them” mentality • Police protect people but people do not participate in fighting crime

6. POLICE CORRUPTION • Knapp Commission • 1972 issued on police corruption in NYC • Meat eaters and grass eaters? • Manning & Redlinger introduce 7 different ways in which police corruption can take place: • 1) bribes 2) using drugs 3) buying & selling narcotics • 4) arrogation of seized property 5) illegal searches & seizures (claim probably cause: flaking, dropsey, padding) 6) protection of informants 7) violence

7. Search: • Police trained in procedural law to make judgment between reasonable and unreasonable searches • 1) Trespass doctrine: physical intrusions into a constitutionally protected area (persons, houses, papers, etc…)4th Amendment • 2) Privacy Doctrine: replaced trespass that people NOT places are protected from government intrusion. Police have more latitude to deal with people on streets where privacy is not expected • 3) Plain view Doctrine: for it to be lawful and not contradict 4th Amendment, 3 factors must result: 1) officers lawfully present when and where evidence discovered, 2) detection occurs without advanced technology, 3) detection is not planned

8. 4) Open fields doctrine • 5) Public places • 6) Abandoned property WARRANTS: very complex, must have warrant by judge What about warrantless searches: 1) Searches incident to arrest: grabbable area

9. 2) Consent searches: with suspect’s permission • 3) Exigent circumstances or emergency searches: after a chase • 4) Vehicle searches • SPECIAL NEEDS SEARCHES: inventory, students, airport searches, probationers

10. STOP (seizure) & FRISK (search) • To stop suspects: 1) physical restraint, 2) show badge • Arrests: taking someone into custody • Arresting someone at home: • 1) crime is a felony, 2) knock and announce • 3) arrest in daylight, 4) probable cause