Exam 2 - Intro to Criminal Justice

bobbies

officers that replaced existing and corrupt system of parish constables and night watchmen

Peelers

same as bobbies, but term in Ireland

Metropolitan Police Act

1829, introduced by Sir Robert Peel, established London’s metropolitan police force, beginning of modern public policing

Why didn’t colonial policing work?

• policing was strictly reactive

• enforcement of law was selective and unequal

• citizens had no respect for police

• citizens did not necessarily want the laws enforced

What was old policing like?

• officers appointed by friends

• offered no training

• were provided power to arrest without warrants

• engaged in taking bribes

• carried revolvers

International Association of Chiefs of Police(IACP)

• started in 1871

• original goal was to apprehend and return to criminal offenders who has fled jurisdictions

  • scope has changed significantly

What are some modern IACP goals?

• advancing the art and science of police work

• fostering cooperation

• developing information exchange among police agencies

• promoting best practices(recruitment and training)

• encouraging officers to behave with integrity and professional conduct

Lucy Gray

• 1880’s LA police matron

• aided children who were victims or offenders

Police matron

title frequently given to women working in the early days of policing

Marie Owens

first woman to perform police duties in Chicago in 1893

Lola Baldwin

given temporary assignment in 1905 with the Portland Oregon Department of Public Safety for the Protection of Young Girls and Women

Julius Boyd Loving

LA deputy that became the father of jail programs in 1899, designed 3-tier bunks to reduce the number of inmates sleeping on the floor

responsibilities of black police officers

• worked in plain clothes

• only in black neighborhoods

• could not arrest white citizens

George Garcia

first Hispanic officer appointed in NYC

Manuel Garcia y Griego

first hispanic police officer killed in the line of duty, Albuquerque, New Mexico, in 1868

Thomas Lightfoot

US indian agent for the federally sponsored Indian police in 1869

Thomas Lewis

first American Indian police officer 1924

American Indian communities original objectives in policing

• arresting and turning back intruders

• removing squatters’ stakes

• driving out cattle, horse, or timber thieves

  • escorting survey parties

Jim Beltram

first Asian police officer in Seattle, 1958

Challenge of Crime in a Free Society

• 1967

• called for police reform

• required officers to have college-level education

• improve training programs, techniques, and facilities

• modernize recruitment and promotion considerations

• rehabilitate community relationships

• recruit more minorities

• improve officer supervision and discipline

borh

• earliest known system of policing in England, unit responsible for policing and security, was generally a collective of 12 individuals who stood surely for one another’s good behavior

• if one committed a crime, others would bring him to justice, usually financial restitution

• if they didn’t pay restitution, they could be killed with impunity by anyone

frankpledge system

a system of policing that replaced the borh, included all boys and men age 12+ from 10 households into groups

tythings

• frankpledge system, group of all boys 12+ from 10 households

• membership was mandatory

• if the defendant did not appear, they are held responsible for the deeds of them and could be forced to pay any fines

hundred

a collective of ten tythings, considered by some to be the first real police officer who dealt with more serious breaches of the law

parish constable

policing agent who operated in small towns, initially elected by parishioners, parish constable was generally unarmed, unpaid and part time

shire reeves

older version of sheriffs, appointed by the crown or local landowners to supervise the territory and ensure orderly conduct, pursuing and apprehending criminals

city watchmen

used to protect property in England's larger cities and towns, wore leather helmets and patrolled at night to protect the community from robberies, fires, and other disturbances, often avoided confrontation, received little respect from the community

thief takers

• men privately hired by victims to catch criminal offenders

• once caught, they were paid

• universally corrupt and engaged in illegal activities themselves

Peelian Principles

• importance of public approval for police to work effectively

• the need for public cooperation

• the need for police to operate in impartial service to the law

• need for police to use physical force only when necessary

vigilantes

performed law enforcement duties with no legal authority, 1760s South Carolina, uprising led to the funding of needed criminal justice improvements

Slave Patrols

originated in 1704 in South Carolina, consisted of 3-6 white men, regulated behavior of slaves, hunt them down and punish escaped slaves

Fugitive Slave Law

required runaway slaves be returned to their masers and that law enforcement agents arrest anyone thought to be a runaway slave, aids were subject to 6 months in prison and a $1,000 fine

1850

ineffective policing regimes - Samuel Walker

• policing is reactive

• law was selectively applied and crimes were selectively dealt with and did not escape the notice of citizens

• citizens have no respect for law enforcement agents

• police were corrupt as criminals

• corruption of agents resulted in poor reporting of crime to the police

• many in the population did not want the laws enforced

• sin and crime were synonymous in this time period

August Vollmer

• elected town marshal of Berkeley in 1905

• believed that police officers should be free from political pressure and highly educated, trained, and well paid

• officers could better protect the public and their property

• implemented a code of ethics for officers, ban political corruption and gifts, and outlaw the third degree

• believed police officers should function as social workers

third degree

brutal activity used by officers to gather information from a citizen

Vollmer’s technology advances

• telephone boxes with electric flashing signal alarms

• started patrols on bicycles

• implemented one of the first centralized police records systems in the nation

• modus operandi system

• scientific analysis of evidence

• lie-detector type instrument

• scientifically based screening methods

modus operandi system

a system for solving crimes that facilitated that identification of crime patterns

Alice Stebbins Wells

1910, became the first full-time paid policewoman with arrest powers in the LA police department, finally identified as a proper policewoman

Samuel Battle

NYPD first black officer in 1905, hired to patrol Central Park West, rose to become the department’s first black sergeant, lieutenant, and parole commissioner

Civil Rights Act

outlawed discrimination against racial, ethnic, national, and religious minorities and women

1964

Voting Rights Act

outlawed discriminatory practices, like literacy tests, that led to widespread disenfranchisement of blacks

1965

Omnibus Crime Control and Safe Streets Act

• act that established agencies and rules dealing with crime

• four primary improvements

  • established Law Enforcement Assistance Administration and charged it with assisting states and local jurisdictions in preventing and reducing crime and improving the function of their CJSs

  • addressed the admissibility of confessions in criminal trials

  • established rules for obtaining wiretap orders by police agencies

  • included provisions that regulated firearm sales and possession

1968

canine police officers

first established in Belgium in 1899

Georgia Ann Robinson

first black female officer

Gale Cobb

first female police officer who died in the line of duty

Knapp Commission

more than half of police officers in the NYPD engaged in corruption

rotten apple theory

the idea that corruption can be traced to just a few bad officers, rejected by Knapp Commission

grass-eaters

passive participants in corruption, accepting bribery, and those who knew but chose not to act

meat-eaters

actively involved in corruption

requirements to become a police officer

• all require high school diploma and some require college

• background check for illegal behavior

• testing includes written examination focusing on reasoning, basic math, and language

• complete a physical fitness test

• oral exam, polygraph

• character investigations

• medical and drug screenings

• psychological evaluations

• attend a police academy and then enter into field training program

• process takes several months

Police Role

gatekeepers, meant to patrol, investigate and command

discretion

allows police and others in the system the latitude to make an arrest or not

Patrol

responsible for preventing crime, apprehending suspects, and assisting community members

Duties of Patrol

• maintaining police presence

• ensuring public order

• providing help to individuals who may need assistance

• identifying and apprehending suspects

• finding lost children

• directing traffic

• issuing traffic tickets

• chasing fleeing felons

• responding to criminal events

Investigation Duties

• detectives and higher ranking officers fulfill this role

• often rotated and may require testing and interviewing

• logging dispatch information

• watching for persons or vehicles leaving the crime scene

• approaching cautiously, scanning the entire area, and noting possible secondary crime scenes

• making initial observations to assess the scene and officer safety

• remaining alert and attentive

Command

• top officer is chief of police

  • strong leadership by the chief and other commanders is essential in establishing respect and high level organizational functioning

  • tasked with negotiating and intervening in difficult situations with politicians, citizens, and rank and file

  • usually appointed by mayor or city council

Policing subculture

secrecy, group solidarity, violence, cynicism, masculinity, isolation, and authoritarianism

high levels puts them at risk for serious mental and physical conditions

Corruption

abuse of authority

Misconduct

breach of department policy

Early Motivations for Job

white male officers linked to authoritarian personalities and desire for power and control, strongest in male dominated agencies

Later Motivations for Job

job security, opportunity to help others, importance or excitement of the work

community policing

style/philosophy that adopts proactive measures and community collaboration

community policing key components

partnerships, organization transformation

organizational transformation

requires structure of management, personnel, and information systems that support the community

problem solving - community policing

systematic examinations of crime-related issues to provide for effective responses

SARA model

Scan, Analysis, Response and Assessment model

Scan: identify and prioritize problems

Analyze: research the problem

Respond: develop long-lasting solutions

Assess: evaluate the success of the responses

Crime Triangle

focuses on immediate concerns present in the environment to confront difficult issues

routine activity theory

risk of criminal incidents increases when motivated offenders, suitable targets, and the absence of capable guardians converge

broken windows theory

social disorder of neglected neighborhoods leads to increased crime rate

hot spots

geographical locations identified as high-crime areas

zero tolerance

policing approach that targets disorder and minor crime in hot spots, no partnership between police and community

Major principles of procedural justice

• citizens need to be given a voice in the process to tell their side of events to officers

• Officers must be neutral when dealing with people and events

• People want to be treated with dignity and politeness

• People react favorable to officers they view as trustworthy and caring

Continuum of force

amount of force used in an arrest depends on suspect’s demeanor, weapons, and level of compliance

spiral learning model

places ourselves in a complex social relation which are hierarchially organized, to reflect on a concept

• once you place yourself inside, you reflect on how this social position shapes your way of understanding, your beliefs, and your actions

• more to understand why our ideas develop

undercover agents

special assignments, usually related to crimes like sex trafficking, prostitution and even cybercrime

Michael Brown

• fatally shot by Darren Wilson

• media impacted the way people saw the case, no evidence was found by the DOJ that it was execution-style

• DOJ found systemic racial bias in March 2015, but no federal charges were brought against Officer Wilson

Tennessee vs Garner

the use of deadly force is appropriate in the pursuit of a feeling suspect only to prevent escape if probable cause exists that suspect poses a significant threat that endangers the officers or others

1985

Stephon Clark case

• shot and killed in his grandparents backyard in south sacrament

• responding officers claimed he was armed and fired 20 rounds, investigators later found he was holding a cell phone

• DA says: no criminal charges against police officers, reasonable belief that their lives were in danger

• Federal says: DOJ announced that they would not file federal charges against the officers

2018

Rule of Law

fundamental principle of the CJS, based on the belief that all government officers pledge to uphold and follow the constitution, law enforcement must follow the rule of law to maintain legitimacy and trust

Probable Cause

standard established by criminal law to make an arrest, obtain a warrant, or conduct a search, have to provide credible evidence

Reasonable Suspicion

like probable cause, is an objective measure, but based on minimal or no evidence, cannot be used to obtain a warrant or make an arrest but can detain a suspect for a short amount of time

Peters vs NY

officers chased suspect after observing him sneaking around an apartment building, officer patted down the suspect and found burglary tools, and the court upheld the legality of stop and frisk

1968

Adams vs Williams

ruled reasonable cause for a stop and frisk may be based on information supplied by another person, such as a police informant

1972

Alabama vs White

court decided an anonymous tip to police provided reasonable suspicion for a Terry stop

1995

Florida vs JL

debated a firearms exception to Terry vs Ohio

courts refused to recognize this exception because such a ruling could promote false anonymous tips to law enforcement and promote harassment of innocent people

2000

Mapp vs Ohio

found evidence obtained in the midst of unreasonable search and seizure may not be used in criminal prosecution in state courts

1961

United States vs Leon

found the need for a good faith exception to the exclusionary rule, evidence gathered was admissible to the court because the police officer acted in good faith

1984

inevitable discovery

the police with or without a warrant would have discovered the evidence and therefore, it could be admissible in court, could have been found with or without evidence

Fruit of the Poisonous Tree Doctrine

any evidence obtained during an illegal search would be disallowed at trial

modified mapp decision and now allowed for an inevitable discovery rule and good faith exceptions

if the officer meets the good faith or inevitable discovery rule, they can still use that evidence even if it was the result of force

seizures

fourth amendment protects against unreasonable searches/seizures of either person or property P

Privacy

citizens are afforded a reasonable expectation to privacy in their homes and in certain public places

Katz vs US

privacy, need to have a reasonable amount of privacy for a citizen, police officers cannot invade that

1967

California vs Greenwood

ruled that no warrant was necessary to search trash, only if the trash is disposed in a public place

1988

warrants

fourth amendment requires a warrant before police can conduct a search, with some exceptions

• key to obtaining a warrant is probable cause

• most are executed during the day and require the police to identify themselves

  • knock and announce, no knock warrants

  • no-knock warrants → breonna taylor case

• given a period of ten days, if they miss that time period, it is then illegal

consent - exception to warrant

agreement must be made without coercion such as a threat to arrest

plain view - exception to warrant

allows police to seize illegal materials or evidence without a warrant, if an officer enters a house and sees illegal contraband on the table

exigent circumstances - exceptions to warrants

emergency circumstances are narrowly defined by the court, escape, harm to officer or others, and destruction of evidence

incident to a lawful arrest - exceptions to warrants

allows law enforcement to search any person without a warrant once a person is lawfully arrested

automobiles - exceptions to warrants

should police have probable cause to believe the vehicle contains contraband, fruits of a crime, evidence and/or instrumentalities of a crime, the vehicle can be searched

suspicion less search - exceptions to warrants

based on place and reasonable potential of wrongdoing