CRIMINAL JUSTICE

POLICING IN AMERICA

DUTIES OF THE POLICE

4 MAJOR DUTIES Keep the peace

Apprehend violators

Prevent crime

Provide Social Services

POLICE ARE NOT ONLY THE MOST NUMEROUS, BUT ALSO THE MOST VISIBLE OF THE CJ SYSTEM

POLICE ARE CONSIDERED TO BE THE “GATE KEEPERS” They have the first contact Make decisions on if the citizen will

continue in the CJ Process

DISCRETION

Decision making according to professional judgment based on training and experience

Looks at: Seriousness of the offense Criminal hx of the offender Relationship between victims and

offenders Strength of legal case against suspects

and defendants

SOCIAL CONTRACTSOCIAL CONTRACT

Members of society are assumed to have entered an agreement to create the state and a government to acquire security and order for all

Citizens surrender certain rights. In exchange for that they expect the government to provide an effective system for regulating conduct

FORMAL CJ “BY THE BOOK” U.S. and State

Constitutions Statutes—created

by U.S. Congress, State Legislatures and City Councils

Court decisions both State and Federal

Written policy of CJ agencies

INFORMAL CJ “CJ IN ACTION” Recognizes the

need for flexibility Examples

BOTH FORMAL AND INFORMAL NECESSARY

SOCIAL CONTROL

INFORMAL---one person to another No police involvement

FORMAL—”handcuffs” Police involved

OTHER SOCIAL CONTROL INSTITUTIONS

RELIGIOUS GROUPS

FAMILIES

SCHOOLS

CJ IS A STRUCTURE AND PROCESS STRUCTURE

CJ Agencies Professionals in

them

PROCESS Decisions made by

those professionals

STRUCTURE Three government agencies and three

levels of government Law enforcement Courts Corrections Levels of government

Local State Federal

STATE AND LOCAL

Law Enforcement—Police departments and County Sheriff

Court—Lower courts, trial courts, Court of Appeal and Probation

Corrections—County jails, State prisons and Community corrections agencies

FEDERAL

FBI DEA ATF U.S. MARSHALS U.S. PROBATION OFFICE Approx 65 different agencies

PROCESS OF CJ

Series of decisions Begins with Law Enforcement then to

Prosecutors then to

Courts then to

Corrections

Criminal justice is a structure and a process

Parts are interdependent

Decisions affect each other

Not always cohesive

HYDRAULIC EFFECT

Discretion can shift from one agency to another

DECISIONS PRIOR TO CJ PROCESS

Legislatures decide what will be a crime

Any human conduct that violates a criminal law and is subject to punishment

FOUR TYPES OF LAW

SUBSTANTIVE LAW

PROCEDURAL LAW

CIVIL LAW

CASE LAW

SUBSTANTIVE LAW

CRIMINAL STATUTES

POLICE CANNOT ARREST CITIZENS UNLESS THEY VIOLATE A SUBSTANTIVE LAW

PROCEDURAL LAW

Laws that dictate how police will do their job

For example: Use of Force

CIVIL LAW

Regulate social interactions arising from private, commercial or contractual relations

For example: City Building Codes

CASE LAW

Written opinions of the courts

For example: Miranda rights

DEFINING CRIME—SUBSTANTIVE LAWS

MALA IN SE—latin term Wrong in themselves Broad agreement in society that certain

actions are so harmful that they must be punished

MALA PROHIBITA Laws that are enacted even though

people in society may disagree about the harmfulness of certain acts

11 STEPS OF THE CJ PROCESS Victims report

crimes

Law Enforcement investigate

Police apprehend and arrest

Prosecutor charges

Suspect---guilty---plea bargain

Suspect—not guilty---trial

Judge sentences

Convicted have appeals

Convicted goes to corrections

Convicted awarded privileges or punishments

Convicted paroled

Step 11

MODELS OF CRIMINAL JUSTICE Wedding Cake Seriousness of

charge Past criminal

record Relationship of

victim to offender Was victim injured Gun used Strength of case

Funnel Opposite shape of

Wedding Cake Sorting process Case attrition “Letting criminals

off??” Arrest does not

mean guilt

WEDDING CAKE

Celebrated cases

Real crimes

Ordinary felonies

Misdemeanors

FUNNEL

Lots of cases

Few sentenced

CJ MODELS CON’T Crime control model Focus on need to

protect people/property

For the good of society Emphasizes police

investigation and guilty pleas

Not concerned with fairness

Assembly line

Due process model Focus on rights of

individuals Obstacle course Adversary process

—get to the truth by fighting in court

Formal rules of criminal procedure

CRIME CONTROL MODEL

Assembly line

DUE PROCESS

OBSTACLE COURSE

PENDULUM

Crime control/due process

PENDULUM

Where are we now????

USA PATRIOT ACT OF 2001

QUALITIES OF A POLICE OFFICER

CURIOUS

ABLE TO PERCEIVE DANGER

PERSPECTIVE EMPATHETIC COMPASSIONATE

Decisive

Have self-control

Must be able to adapt Varied approaches to unique problems

HOW DO YOU LEARN THESE QUALITIES???

PROCESS IN A NUTSHELL

Citizens report crimes Police investigate Police apprehend and arrest Prosecutor charges suspects Suspect—guilty—plea bargain Suspect—not guilty—trial Judge sentences Convicted have appeals Convicted goes to corrections Convicted awarded privileges or punished Convicted paroled

CONSIDERATIONS

RACE ETHNICITY GENDER Are there disparities (inequities)??? Caused by what????