Police Powers and Parens Patriae

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Questions and Answers

What is a primary concern regarding qualified immunity in police misconduct cases?

It encourages excessive force among officers.

It limits the ability of victims to sue for minor offenses.

It mandates extensive training for all police officers.

It protects officers from accountability for violating obscure rights. (correct)

Which assessment method is aimed at minimizing misconduct in police departments?

Mandatory community service programs.

Increased patrol in high-crime areas.

Community policing strategies.

Psychological screening prior to hiring. (correct)

What is Project ABLE primarily focused on?

Increasing the number of officers on patrol.

Advocating for higher penalties for violent crimes.

Training officers in advanced crime-solving techniques.

Promoting bystander intervention to prevent police misconduct. (correct)

How do public attitudes regarding non-police responses to mental health crises appear to be changing?

They are increasingly favorable. Signup and view all the answers

What raises concerns about the police's right to initiate emergency psychiatric holds?

Potential for misinterpretation of mental health conditions. Signup and view all the answers

Which of the following factors contributed to the rising rates of incarceration in the 1980s and 1990s?

Mandatory minimum sentencing laws Signup and view all the answers

What significant ethical issue arose from the Stanford Prison Study?

Impact of simulated power dynamics Signup and view all the answers

Which alternative to incarceration focuses on rehabilitation and reducing recidivism?

Community service programs Signup and view all the answers

What was the impact of Furman v. Georgia (1972) on the death penalty?

It invalidated the death penalty due to arbitrary application Signup and view all the answers

Which U.S. states are noted for having the highest number of executions?

Texas, Florida, and Oklahoma Signup and view all the answers

In which case was the execution of individuals with intellectual disabilities prohibited?

Atkins v. Virginia Signup and view all the answers

What problem is often associated with private prisons in the U.S.?

Profit motives leading to inadequate conditions Signup and view all the answers

Which statement best describes the death-qualified jury system?

It skews toward conviction by requiring jurors to be willing to impose the death penalty Signup and view all the answers

What is the primary purpose of civil commitment compared to criminal confinement?

To provide preventive measures based on mental health risk Signup and view all the answers

What is a common characteristic associated with psychopathy?

Lack of empathy and manipulativeness Signup and view all the answers

Which of the following represents a false negative in risk assessment?

Failing to identify an actual risk who poses danger Signup and view all the answers

How did the United States v. Booker (2005) impact federal sentencing guidelines?

Emphasized judicial discretion in sentencing Signup and view all the answers

What are historical markers in the context of risk assessment?

Factors that reflect past behaviors, like criminal history Signup and view all the answers

What is one of the severe psychological effects associated with solitary confinement?

Severe depression and anxiety Signup and view all the answers

What is a significant criticism of mandatory sentencing laws?

They often lead to over-incarceration Signup and view all the answers

What goal of punishment focuses on preventing future crimes by incapacitating offenders?

Incapacitation Signup and view all the answers

Study Notes

Police and Parens Patriae Powers

Parents patriae allows the state to act as a guardian for individuals unable to care for themselves, a principle in civil commitment laws for sexually violent predators (SVP)
These laws aim to protect the public by detaining individuals deemed at risk of committing future violent offenses due to a mental abnormality or disorder.
Police powers help protect citizens from SVPs by arresting them.

Kansas v. Hendricks (1997)

The Supreme Court upheld Kansas's law allowing civil commitment of sexually violent predators.
It did not violate double jeopardy or ex post facto protections as the law was preventive, not punitive.
Due process wasn't violated because the law required strong evidence of past violent sexual behavior and a current mental inclination to repeat those behaviors.
Releasing those deemed no longer dangerous did not violate double jeopardy.
SVP laws did not violate double jeopardy or ex post facto protections.

Megan's Law

Requires law enforcement to make information about registered sex offenders publicly available.
Named after Megan Kanka, it reduces risk by informing communities about potential threats.

Violence and severe mental illnesses

The link between mental illness and violence is weak.
Strong predictors are factors like substance abuse and lack of treatment.

Future Dangerousness

The Supreme Court upheld the use of psychiatric testimony to predict future dangerousness in death penalty cases, but the accuracy of this is questioned.

Tarasoff v. Regents of the University of California

Established a therapist's duty to warn individuals if a patient poses a credible threat, balancing confidentiality and public safety.

Involuntary Civil Commitment vs Criminal Confinement

Civil commitment is preventive and based on mental health risk; criminal confinement is punitive and follows a conviction.

Antisocial Personality Disorder

Antisocial personality disorder is more common in forensic settings and linked to higher rates of criminality and violence.

Psychopathy Characteristics

Traits include lack of empathy, superficial charm, manipulativeness, impulsivity, and a lack of remorse.
It is strongly associated with criminal behavior.

Risk Assessment

False positives predict danger in non-dangerous individuals, leading to unnecessary confinement.
False negatives fail to identify actual risks, endangering public safety.

Risk Assessment Methods

Historical markers: Static factors like criminal history
Dynamic markers: Changeable factors like substance abuse or mood
Risk-management markers: Contextual factors like social support

Jurors' Reactions to Risk Assessment Evidence

Jurors often find expert testimony persuasive but may misunderstand statistical probabilities or overvalue certain methods.

Factors in Sentencing Decisions

Sentence decisions consider the severity of the offense, the offender's criminal history, and judicial discretion (factors that increase or decrease severity of the sentencing).

United States v. Booker (2005)

Made federal sentencing guidelines advisory rather than mandatory.
Emphasized judicial discretion while ensuring fairness.

Mandatory Sentencing Laws

Require fixed sentences for specific crimes.
Often criticized for removing judicial discretion and contributing to over-incarceration.

Solitary Confinement

Used as punishment or for protection, linked to severe psychological harm, including anxiety, depression, and suicidal tendencies.
Should include goals of punishment (deterrence, incapacitation, rehabilitation, retribution, and restitution).

Punishment in the American colonies

Focused on public shaming, physical punishment, and restitution.

National and International Incarceration Rates

The U.S. has the highest incarceration rate globally.
There are significant racial and socioeconomic disparities.

Racial and Gender Disparities in Incarceration Rates

Black and Hispanic individuals are disproportionately incarcerated.
Women face unique challenges, including caregiving disruptions.

The Stanford Prison Study

Demonstrated the psychological effects of power dynamics in a simulated prison, raising ethical questions about corrections practices.

Incarceration Trends

Rising rates in the 1980s-1990s due to policies like mandatory minimums and the war on drugs.
Recent pushes for reform.

Prison Conditions (U.S. and international)

U.S. prisons are overcrowded and underfunded.
International models (e.g., Scandinavian) focus on rehabilitation.

Pretrial Detention

Holds individuals before trial, often leading to unfair treatment of economically disadvantaged defendants.

Problems with Private Prisons

Criticized for profit motives, inadequate conditions, and lack of accountability.

Alternatives to Incarceration

Community service, electronic monitoring, probation, and diversion programs.

States with the most executions

Texas, Florida, and Oklahoma

American Attitudes toward the death penalty

Public support has declined but remains divided along political and demographic lines.

Furman v. Georgia (1972)

Temporarily invalidated the death penalty, citing arbitrary application as unconstitutional under the Eighth Amendment.

Bifurcated capital trial

Separates guilt determination from the sentencing phase to ensure fairness.

Gregg v. Georgia (1976) and its companion cases

Reinstated the death penalty with guidelines to reduce arbitrariness.

Atkins v. Virginia (2002)

Prohibited executing individuals with intellectual disabilities.

Roper v. Simmons (2005)

Barred the death penalty for crimes committed by juveniles under 18.

Baze v. Rees (2008)

Upheld the constitutionality of lethal injection despite challenges to its humaneness.

Death-qualified jury characteristics

Death-qualified jurors must be willing to impose the death penalty, often skewing the jury toward conviction

Racial disparities in death sentences

Minorities, especially Black individuals, are disproportionately sentenced to death, particularly when victims are White.

The brutalization effect

Suggests the death penalty may increase violence by desensitizing society to killing.

Liebman et al. study (2000) on death sentence reversals

Found high rates of error in capital cases, often due to inadequate legal defense or prosecutorial misconduct.

Police Issues

"Qualified immunity": Protects officers from lawsuits unless they violate clearly established rights
Law enforcement agencies and required psychological screenings
The Las Vegas Police Department modified policy on foot pursuits. Project ABLE advocates for bystander intervention among officers. Police department time devoted to handling violent crime. Non-police responses to mental health crises. Public attitudes toward non-police response for mental health crises. Race, mental illness, and police excessive force. Police right to initiate emergency psychiatric holds

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Description

Explore the concept of parens patriae and police powers in the context of civil commitment laws for sexually violent predators (SVPs). This quiz delves into the implications of Kansas v. Hendricks (1997) and the legal framework surrounding the detention of individuals with mental abnormalities. Test your knowledge on the balance between public safety and individual rights.