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Components of Criminal Justice

Components of Criminal Justice. The Criminal Justice System. Police. Courts. Corrections. The Criminal Justice System. Role of the Police. Maintain order Investigation and Arrest Provide emergency service “GATE KEEPERS”. Role of the Courts. To seek truth & obtain justice

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Components of Criminal Justice

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  1. Components of Criminal Justice The Criminal Justice System Police Courts Corrections

  2. The Criminal Justice System

  3. Role of the Police • Maintain order • Investigation and Arrest • Provide emergency service • “GATE KEEPERS”

  4. Role of the Courts • To seek truth & obtain justice • To adjudicate & sentence • Different courts: • Misdemeanor • Felony • Appellate

  5. What does corrections correct? Corrections • Carrying out the Sentence • Probation • Intermediate Sanctions • Prisons • Post-Release Supervision

  6. Juvenile Justice System • Separate System since roughly 1900 • Delinquents • Juveniles who Commit Crime • Status Offenders • Truants, runaways, incorrigible youth

  7. Law to Regulate CJS Actors Procedural Law • Controls the actions of people who work in the criminal justice system. • Defines the rights of criminal defendants.

  8. The POLICE • Precursors to Modern Police • The Development of Modern Police • Current Law Enforcement in the U.S. • Functions of Police • Issues and Controversies in Policing

  9. Precursors to Modern Police • Earliest forms of Policing Date to at least 9th Century • England • Pledge system • Hundreds “constable” • Shires  “shire reeve” • Night Watchmen • Justice of Peace

  10. Early American Law Enforcement • Followed the English Model • County Sheriff most prominent • Many duties • Paid by a “fee system” • Nights Watch, marshals in some cities • “Wild West” period  Vigilantism

  11. The Birth of Modern Policing • England, 1829 • Sir Robert Peel  Metropolitan London Police force of 1,000 officers • “Bobbies” • Distinctive uniforms, military structure • Alternative to the use of military to suppress the “dangerous classes” that created disorder in English cities

  12. 20th Century American Policing • Political Era • Professional Era • Community Policing Era

  13. Political Era • Development of police agencies prompted by mob violence. • Fear of “underclass” by wealthy • Fear of urban street crime by public. • First Police Department opened in Boston in 1838 • First full time = New York City (1844)

  14. Political Era II • Police were incompetent, disliked and corrupt. • Appointed by politicians (patronage system) • Muscle for reigning political powers/capitalist elites • Created and/or used to crush labor “strikes” • No job security • Control the rising number of foreign immigrants • Brutality common (“Delegated Vigilantism”)

  15. Professional Era • Civil Service development • Technology • Telegraph boxes, motorcycles, cars, radios, computers, in-dash cameras… • More control of uniformed patrol, but less informal interaction with citizens • Reform movements • August Vollmer • College degrees, better pay, more citizen respect, etc.

  16. Turmoil of the 1960s/70s • “Professional” image takes a beating • Response to civil rights, Viet Nam protests, etc • Socially conservative police as “disconnected” from a rapidly changing society • Government reports + Science • Police as poorly trained and ineffective

  17. The “Community Policing Era” • 1980s – 2000s = Innovation • Get law enforcers back into the community • Problem Solving • “Broken Windows” (1982) and Order Maintenance • More technology • GIS, on-demand statistics

  18. Federal Law Enforcement • Department of Justice • U.S. Marshalls • FBI • DEA (Drug enforcement) • ATF (Alcohol, tobacco, and firearms) • DHS (Homeland security) • USBP (Border Patrol) • Secret Service • ICE (Immigration and Customs enforcement)

  19. 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 • Many “white collar” crimes

  20. Career Issue • What I hear • “I want to be a federal law enforcement agent (FBI, Marshal), but not a city cop” • Reality • The FBI hires mostly people with some law enforcement and/or military background. • The FBI seeks those with accounting, computer, and law backgrounds • Best bet may be to enter the federal system wherever possible (Border Patrol)

  21. 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 • Traffic enforcement with Separate “BCA” • Full police jurisdiction over non-municipal areas

  22. Metropolitan (city) police • Large variation in size • New York City = 36,000 officers • Average city = 50 or fewer officers • Duluth PD = 150 officers + 30 Staff • Police Departments are typically their own political entity • BUT, chief is appointed by mayor

  23. Functions of the Police • Law enforcement • Order maintenance • Service

  24. Law Enforcement • 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?

  25. Investigation • Critical = information at crime scene • Bulk of time is spent on reports Clearance Rate

  26. Career Issues • What I hear: • “I’d like to be a homicide (or violent crime) detective, but I don’t want to be just a patrol officer.” • Reality • Pretty 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?

  27. 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”

  28. What Should Police be Doing? • Traditional Legalistic Model • Patrol and respond to calls • Still viewed as “real police work” by many agencies and officers • New models since the 1980s • “Community Oriented Policing” • Broken windows / order maintenance • Problem Oriented Policing

  29. Community Oriented Policing • A policy implication of social disorganization theory • Focus on neighborhood and linking together informal control with formal (police) control • Build cohesion, get to know people in neighborhood, help citizens solve neighborhood problems • Examples of policy • Foot Patrols • Community “Sub-stations” • COP Officers Assigned to Neighborhoods

  30. Problem Oriented Policing • Herman 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 spots” • Focused Deterrence (“Don’t Shoot” stuff) fits with this style • Open air drug markets, gang violence

  31. Order Maintenance/Broken Windows • Wilson and Kelling • The “Broken Windows Thesis” • Implication of “broken windows for policing?” • Aggressive Order Maintenance • New York City  “zero tolerance” • Times Square • Clear out panhandlers, squeegee men, prostitutes

  32. Intelligence Led Policing • Roots in Kansas City Preventative Patrol, and Minneapolis Domestic Violence experiments • Use scientific evidence to direct police • New York  CompStat • Use of GIS • David Kennedy and others • Use of Universities to collect and analyze data on offenders/gangs

  33. Effectiveness of C.O.P. or Problem Orientated Policing • Effectiveness Depends • 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. • “Don’t Shoot” Boston Gun Project • Order Maintenance crackdowns have strained community-police relations in some areas • AmadouDialloshooting and other high-profile cases

  34. Police and the Rule of Law • Procedural Laws in Policing • Search and Seizure • Miranda rights • Police Use of Force

  35. 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.

  36. 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”

  37. 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)

  38. Fifth Amendment • Focuses on admissibility of illegally obtained confessions and self-incrimination • Contains “due process” for Federal Government • “Miranda Rights’ • You have the right to remain silent… • Whether necessary depends on custody status • In MN, waiver must be recorded

  39. The use of Deadly Force • Tennessee v. Garner (1985) “Fleeing Felon” • Trend of police killings (and killings of police) have been downward • Most department have guidelines for when police may discharge firearm • Review boards for firearm discharge + administrative leave

  40. Non-Lethal Police Use of Force • Coercive Force is a Part of Policing • How much force is necessary in a situation? • Wrongful Use vs. Disproportionate Use

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