College of Adult Professional Studies CRJ 281 Principles of Criminal Justice

1. College of Adult Professional StudiesCRJ 281Principles of Criminal Justice

2. Freedom from crime is not free. The degree to which a society achieves public order depends in part on the price society is willing to pay to obtain it. • Resources committed to crime suppressions, detection, and prevention. • The extent to which people are willing to accept a reduction in civil liberties.

3. Government v. Liberty Tension In a free society there is a constant tension between its government’s legitimate police function and its citizens’ liberty interests. It has and will be with us and it will never go away. It is a source of conflict that must be understood by both the police and the population in order for it to be controlled.

4. Contemporary Law Enforcement • 18,000 different agencies ( UK with ¼ of US population has 43 agencies). • Fragmented (UK all agencies administered by the Home Office). • Federal agencies. • State agencies. • County sheriffs. • Local police agencies. • Special police.

5. Contemporary Law Enforcement • Nationally, sworn officers account for 69.5 percent of PD personnel. • Nationally, police to population ratio rural and city is: 2.4 per 1000. • Indiana has 146 local PDs.

6. Contemporary Law Enforcement • In the U.S. in 2005, the average number of full-time law enforcement employees in cities (both sworn officers and civilian) was 3.0 per 1,000 inhabitants. • Within cities in the Northeast, the rate of full-time law enforcement employees per 1,000 inhabitants was 3.5. • Within cities in the South, the rate of full-time law enforcement employees per 1,000 inhabitants was 3.4. • Within cities in the Midwest, the rate of full-time law enforcement employees per 1,000 inhabitants was 2.7. • Within cities in the West, the rate of full-time law enforcement employees per 1,000 inhabitants was 2.4.

7. Response Times Police cannot control: • The time it takes from when the crime occurs to when it is discovered; • The time it takes from when it is discovered to when it is reported to police

8. Crime Prevention& Deterrence Crime Prevention Crime Deterrence Likelihood of being caught Desire Ability Desire Gravity of harm if caught Opportunity

9. Community Policing Scanning Analysis Each problem likely not only involves crime, but a wider community social issue. Response Assessment

10. Outcomes v. Outputs • Outputs are work product like the number of traffic tickets issued, crashes investigated, or the number of criminals arrested. • Outcomes are the results of outputs. Crime and accident rates for example.

11. Crime Analysis • Crime Specific Analysis-pattern of reported crime. • Link analysis-Associations among people. • Telephone Toll Analysis. • Visual Investigative Analysis (VIA) charting key criminal events in chronological order. • Case Analysis and Management System-computerized to clarify relationships & calculate probability of associations.

12. Technology • Geographical Information Systems-mapping. • Global Positioning Systems-locating. • Artificial Intelligence Systems. • Natural language applications. • Robotic applications. • Computer science applications (brains). • Cognitive science applications (decision-making).

13. External Influences • Politics • Economy • Competing agencies • Community groups • Governments: federal, state, & local • Unions and associations • Review boards • Judicial review

14. Incorporation • Prior to the 60’s the Bill of Rights restricted and regulated only the federal government. • Through a series of cases in the 60’s, the Warren Court began incorporating USC protections to the states through the due process clause of the 14th Amendment.

15. 14th Amendment Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

16. Due Process • Procedural Due Process can be boiled down to notice of the charges and an opportunity to be heard. • Substantive Due Process means the procedures must be in content and conducted “fairly.”

17. Criminal Procedure-Sources of Law Constitutions • Federal • States Legislated • Federal • State • Local Common law (Case law) • Federal • State Administrative law

18. Criminal Procedure-Separation of Powers • Judicial – interprete laws • Executive – execute and enforce laws • Legislative – create and pass laws

19. Criminal Procedure- Administrative Law • Congress or legislature delegates authority to the administrative agency through an enabling statute. • Laws must be tailored to the mission of the agency. • Must be properly promulaged.

20. Criminal Procedure - Warrant Requirement • 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 . • Any search conducted without a warrant is per se illegal unless an exception exists.

21. Criminal Procedure – Exceptions to the Warrant Requirement • Search incident to a lawful, custodial arrest • Voluntary consent and waiver • Search of a vehicle with probable cause • Inventory after lawful impoundment of a vehicle • Stop and frisk searches (Investigatory Detention) • Plain view, smell & touch • Open fields • Exigent circumstances - hot pursuit • Abandoned property • Protective sweep

22. Criminal Procedure – 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

23. Criminal Procedure – Miranda Rule • Custodial Interrogation. • The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her. Additionally, the officer must ask whether the person understands their right and will consent to questioning.

24. Criminal Procedure – Exclusionary Rule • Weeks v. United States, 232 U.S. 383 (1914). First used in federal case. • Mapp v. Ohio, 367 U.S. 643 (1961) Made applicable to the states. Rationale • Dirty Hands • Deterrence • Way to enforce constitution

25. Criminal Procedure – Presumption of Innocence & Bail 8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. • Guarantee defendant’s appearance. • Public safety. Presumed innocent means that the defendant is not judged guilty of a crime and punished unless convicted BRD or he pleads guilty to it in the criminal courts.

26. Criminal Procedure – Burden of Proof • Beyond a reasonable doubt. • Clear and convincing evidence. • Preponderance of the evidence. • Probable cause. • Articulable suspicion. • Good faith belief.

27. Criminal Procedure - Evidence • There are four traditional types of evidence: real evidence (tangible things like a weapon), demonstrative (a model or photograph), documentary (a writing or other document), and testimonial (testimony by witnesses). • Circumstantial Evidence - Testimony not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deductions are drawn, showing indirectly the facts to be proved.

28. Police Ethics and Misconduct Police Ethical Models • Law. • Code of conduct. • Rules, regulations, & standard operating procedures.

29. Police Ethics and Misconduct • Police have a property interest in their jobs. • Cannot be terminated or disciplined without due process.

30. Police Ethics and Misconduct Internal Investigation • Founded • Unfounded • Exonerated • Not determined.

31. News Media The First Amendment of the federal constitution provides the news media and all citizens certain rights of free speech and press. The media, however, does not have an unlimited right to engage in the collection of news material. “Newsmen have no constitutional right of special access to the scenes of crime or disaster when the general public is excluded . . .” Brandzburg v. Hayes, 408 U.S. 665, 684-685 (1972). However, once the news media has acquired information from a critical incident or other source, it will be difficult to prevent its publication. Bantam Books, Inc. v. Sullivan, 372 U.S. 58 (1963).

32. Prosecutors • Federal: US Attorney may bring a charge only through a GJ Indictment. • State: Prosecutor may bring a charge either by filing an Information or by GJ Indictment. • Prosecutor has absolute discretion on whether to bring a charge, but must have PC if he decides to bring a charge.

33. Role diffusion • Role diffusion occurs when people spread themselves too thin, experience personal uncertainty, and place themselves at the mercy of people who promise to give them a sense of identity they cannot develop for themselves. Example: Gangs. For a discussion on what factors increase the chances of gang activity among juveniles got to: http://www.lao.ca.gov/1995/050195_juv_crime/kkpart3.aspx

34. At Risk Youth • Young people extremely vulnerable t the negative consequences of school failure, substance abuse, and early sexuality.

35. Cynical & Preoccupied with Material Acquisitions By the time they reach 18, most young people have spent more time in front of the TV than in the classroom. They see thousands of depictions of rape, assault, murder, theft, and other anti-social behaviors. They also listen to hours of music with violent and sexual content. Research indicates that kids who listen to music with sexual content are more likely to engage in precocious sex than those who don’t.

36. Each day in America: • 2 mothers die in childbirth • 4 children are killed by abuse or neglect • 5 children or teens commit suicide • 9 children or teens are killed by firearms • 32 die from accidents • 202 arrested for violent crimes • 377 arrested for drug crimes • 964 babies are born at low birthrate • 1,210 babies are born to teen mothers Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA: Wadsworth.

37. Each day in America continued: • 1,240 public school students corporally punished • 2,060 babies born without health insurance • 2,175 children are confirmed as abused or neglected • 2,222 drop out of high school • 2,692 babies are born into poverty • 4,435 children are arrested • 4,498 babies are born to unwed mothers • 18,493 public school students are suspended from school Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA: Wadsworth

38. Poor Education • About 70% of all 4th graders cannot read at level • About 90% of blacks • About 80% of Latino • About 80% of American Indian • Black children are about 50% more likely to drop out of school than white children; in part caused by poor reading ability that leads to stress Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA: Wadsworth.

39. Status Offenses Conduct is only illegal because the offender is under age. • Smoking and drinking • Skipping school • Runaway • Participating in sex • Curfew • Profanity • Disobeying parents • Truantcy

40. Part I Crimes Serious crimes against property and people • Murder • Rape • Burglary • Arson • Motor vehicle theft • Theft • Aggravated assult

41. Part II Crimes All other crimes that are not Part I crimes • Public intoxication • Driving under the influence • Littering • Disorderly conduct, et cetera • Drug use

42. What the data says • More than 13.6 million arrests each year • 2.3 million are Part I crimes • 11 million are less serious Part II crimes • Juveniles are arrested for approximately 15% of Part I violent crimes and 24% Part I property crimes • Kids 14-17 account for only 6% of population, but are arrested for a disproportionate amount of crime. • 1.1 million juvenile arrests in 2009 for Part II offenses • 74,000 status offenses arrests in 2009

43. Causes of Crime • Socioeconomic Status Theory • Cognitive Behavior Theory • Rational Choice Theory • Trait Theory • Biosocial Theory • Psychological Theory

44. Routine Activities Theory • Capable Guardians • Motivated Offenders • Suitable Targets

45. Social Factors Believed to affect Crime • Interpersonal interactions: family, peers, schools, jobs • Community conditions: inner-city, poverty, decay • Exposure to violence • Social change: politics, mistrust, economic stress • Low socioeconomic status: poverty creates incentive • Racial disparity: poverty among minorities is higher than that of whites

46. Theories • Social Structure: crime (“C”) is function of place in economic structure. • Social Process: C as result of interaction with socialization elements. • Stratified Society: Grouping society into classes based on the unequal distribution of resources. • Culture of Poverty: View that poor people form their own values which sometimes clash with conventional society.

47. Theories • Underclass: Group of poor whose members have little chance of upward mobility. • Social Structure: Crime is result of socioeconomic conditions and cultural values. • Enculturated: The process learning what is accepted in a culture. • Social Disorganization: Links crime to being locked out of economic mainstream which cause anger. • Cultural Deviance: Lower class culture develops in disorganized areas whose beliefs are in conflict with conventional norms

48. Theories • Social Transmission: Norms and values passed down from each generation. • Social Control: Ability of institutions to influence social behavior. • Social Ecology: Law abiding behavior is result of social rather than individual forces. • Transitional Neighborhood: Transition of population & structure from middle class to poorer (White flight).

49. Theories • Siege Mentality: Residents become suspicious of authority and consider outside world as the enemy. We see this when communities refuse to cooperate with police even when the crimes are outrageous and heinous. • Collective Efficacy: The ability of communities to regulate behavior through influences of school and family. • Street Efficacy: Using one’s wit to avoid violence and feel safe.

50. Theories • Strain Theory: Suggests that most people share similar values and goals. When people feel shutout they feel frustrated and angry, a condition called strain. • General Strain Theory (GST): Multiple sources of strain interact with a person’s traits and responses to produce crime. • Anomie: Normlessness produced by rapidly shifting moral values. Personal goals cannot be achieved using available means.