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1 Components of Criminal Justice PoliceCourtsCorrections The Criminal Justice System

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Police Gate Keepers Courts Seeking Truth Corrections Carrying out the sentence 2

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3 Role of the Police Maintain order Investigation and Arrest Provide emergency service GATE KEEPERS

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

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

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

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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. Jude Law Actor in such films as Gattica, Sherlock Holmes, and Cold Mountain. 7

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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

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

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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

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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

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

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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) 13

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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)

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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. 15

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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 innefective 16

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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 17

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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)

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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

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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) 20

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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

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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

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23 Functions of the Police Law enforcement Order maintenance Service

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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?

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

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Career Issues What I hear: Id like to be a homicide (or violent crime) detective, but I dont 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? 26

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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

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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

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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

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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 (Dont Shoot stuff) fits with this style Open air drug markets, gang violence

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

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Intelligence Led Policing Roots in Kansas City Preventative Patrol, and Minneapolis Domestic Violence experiemnts 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 32

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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. Dont Shoot Boston Gun Project Order Maintenance crackdowns have strained community-police relations in some areas Amadou Diallo shooting and other high-profile cases

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

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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.

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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

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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) 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)

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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

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39 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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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

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41 Other Policing Issues Use of Discretion Police only arrest a small % of all suspectswhich ones? Police Subcultures Police personality vs. stress of job Police corruption and professional courtesy