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hi this is for the cia #3 studying!
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what is discretion?
the ability of criminal justice employees (judges, police, prosecutors, etc.) to make decisions based on judgement rather than strict rules
what are some examples of how police can use discretion?
the degree to punish a criminal (how much force to use and whether to warn or arrest) and whether to stop and punish someone
how can a prosecutor use discretion?
deciding what charges to file, whether to offer plea bargains
how can judicial positions use discretion?
when deciding sentences (within guidelines)
what are some factors that influence discretion?
the severity of the offense, suspect’s attitude, department policies, expectations of community, officer experience
what are the pros of discretion?
flexibility and efficiency
what are the cons of discretion?
potential bias and inconsistency
what are the 3 eras of policing?
political (1840-1930), reform/professional (1930-1970), community (1980-present)
what is the political policing era?
corruption occurred, close tie between police & politicians, community focused but in a political way (law enforcement didn’t involve public opinion)
what is the reform/professionalism policing era?
CENTRALIZED: The organization became more professional and organized, standardized police procedures were created, revolution of technology (radio, 911, cars), crime control, distant relationships with community members, and eliminate corruption, less community interaction
what is the community policing era?
DECENTRALIZED: an era to improve police community relations, used foot patrols and problem-oriented policing, and police brutality arose towards minorities. emphasis on trust and legitimacy
what was the historical trend of police and gender roles?
policing was male-dominated, and women were originally limited to juvenile and family cases (matrons in 1845), women actually shifted into police force in 1920
What were some barriers for women in the police force?
gender stereotypes, discrimination in hiring/promotion, concerns about physical standards
What did they find about gender roles in the police force through research?
women use less excessive force, fewer citizen complaints, effective in communication and de-escalation
What are gender roles in policing today?
more inclusion, but still underrepresented
reactive policing
police respond after a crime occurs (ex, 911 calls, responding to incidents)
pros of reactive policing
necessary for emergencies
cons of reactive policing
doesn’t prevent crime and can overwhelm the system if crime is high
proactive policing
preventing crime before it occurs (ex: patrol, stop-and-frisk but it’s controversial, community policing, hot-spot policing)
pros of proactive policing
can reduce crime in high crime areas
cons of proactive policing
can lead to overpolicing
terry v. ohio (1968)
stop-and-frisk allowed with reasonable suspicion
mapp v. ohio (1961)
exclusionary rule created: illegally obtained evidence cannot be used
miranda v. arizona (1966)
police must read miranda rights out before custodial interrogation
tennessee v. garner (1985)
police can’t use deadly force on fleeing suspects unless they pose a significant threat
gideon v. wainwright (1963)
the right to an attorney in felony cases
history of jails and prisons
early american corrections were based on English practices and jails existed before prisons
what was the Walnut Street Jail?
first American penitentiary model
what were the two early prison models?
Pennsylvania system (solitary confinement) and Auburn system (group labor but silent)
difference between jails and prison (JAIL)
run by the local government (county sheriff), holds people awaiting trial or serving short sentences (less than a year), high turnover of inmates
difference between jails and prison (PRISON)
run by the state or federal government, holds people convicted of felonies with long sentences, more structured programming (education and jobs)
three types of security prisons
minimum (no armed guards/walls, inmates live in dorms or small private rooms, most trustworthy and least violent inmates), medium (more secure than minimum, prisons with fences and armed guards, treatment efforts made, visitor privileges given, violent inmates with some hope of returning to society are held here), maximum (fortress-like high-walls iron fences, security is the main emphasis and holds most violent offenders, little to no visitor interaction)