SOCL 3371 Notes - US Policing PDF

SOCL 3371 Notes Exam: 12/10 Ch. 11: Core Concepts of US Policing The Structure of American Law Enforcement - There are 3 main levels of law enforcement: 1. Local 2. State 3. Federal o These different levels of law enforcement are the result of federalism and the...

SOCL 3371 Notes Exam: 12/10 Ch. 11: Core Concepts of US Policing The Structure of American Law Enforcement - There are 3 main levels of law enforcement: 1. Local 2. State 3. Federal o These different levels of law enforcement are the result of federalism and the separation of power Local Police Agencies - The vast majority of policing in America is performed by local police - Most local p0lice agencies perform duties found in the acronym PEPPAS: o Protecting life and property o Enforcing the criminal law o Preventing crime o Preserving the peace o Arresting violators o Serving the community - Often included within local law enforcement are sheriffs’ departments - Unlike local police chiefs, sheriffs are elected to their position - Sheriffs and their deputies are often responsible for court duties State Police - There are 50 state police agencies - Their legal mandate focuses upon violations of the state - Duties are similar to local law enforcement o They can investigate criminal activity anywhere within the state o Most often its road crime Federal Agencies - Most federal agents are employed either within the U.S. Department of Homeland Security of the U.S. Department of Justice (happened after 9/11) - The legal mandate of federal officers is the enforcement of federal law, including crimes that cross state boundaries - They can investigate any federal crime in the nation, sometimes abroad if they affect national security - Federal agents rarely are concerned with order maintenance (more focused) Ethical Issues in Policing - Ethics may be viewed as the application of a set of moral thoughts and ideas to determine the right thing to do - Questions of ethics are separate from questions of legality - Police corruption can be defined as an act involving the misuse of authority, often for personal gain Levels of Corruption - Police corruption is not isolated to the police officer (police chiefs, etc.) - Not all corrupt events are equally severe in terms of how deeply they pervade police organization - Four levels of police corruption: o Rotten apples, rotten pockets, pervasive unorganized corruption, and pervasive organized corruption - Rotten apples occur when one or more officers independently participate in some form of corrupt activity o Individual corruption without knowledge of other officers’ corruption - If the officers work together as a team to complete some corrupt activity, then this would constitute a rotten pocket - Often associated with rotten apples and rotten pockets and grass-eaters and meat-eaters o Grass eaters are officers who accept illegal benefits as a result of some corrupt activity but do so passively ▪ ex: the officer who pulls someone over for speeding and is offered $100 to give them a warning instead of a ticket o Meat-eaters are officers who aggressively solicit illegal favors - Pervasive unorganized corruption occurs when a large number of rotten apples participate in illegal activity to the extent that it becomes somewhat characteristic of an agency - Pervasive organized corruption occurs when meat-eaters and rotten pockets join forces o Well organized and often involves a greater number of officers (this is the worst kind of corruption) Types of Corruption - The types of unethical behavior and corrupt activities in policing are almost endless - A gratuity is a benefit receives simply because they are a police officer o E.g. financial discount - Professional courtesy occurs when a police officer provides a courtesy or special treatment to another law enforcement officer - Misuse of authority occurs when a police officer uses his or her position for some sort of personal gain - Many other forms of corruption The Dirty Harry Problem - The Dirty Harry problem takes its name from a movie starring Clint Eastwood as Dirty Harry - The Dirty Harry problem occurs when police officers use whatever means necessary (e.g. violence) to achieve a desired outcome o Illegal means used for a morally good end Controlling Unethical Behavior - Controlling unethical behavior, misconduct, and corruption are critical for maintaining effective police service - What can be done to minimize unethical behavior in policing? - Police administers must be willing to recognize and address unethical behavior and conduct  o Background checks and hiring the proper police candidates, providing effective ethics education and training in the police academy, and continuing to monitor officer behavior throughout their careers o Internal affairs department, or citizens review board o Written policy can specify departmental ethical expectations, and police colleagues can be encouraged to report unethical and illegal police behavior, as it reflects negatively on the entire agency and all its members The Police, The Public, and Promoting Legitimacy - Police legitimacy refers to the public’s confidence in the police and in their ability to enforce the law fairly - Research has found that there is a direct relationship between perceptions of the police by the public and police legitimacy - Recently, the disconnect between the police and citizens has been directly connected to the police use of force o While law and agency policy give police officers the legal authority to use force in some situations, this has come under much scrutiny o Ferguson Effect Strategies to Improve Police-Community Relations - Police body-worn cameras - Communicating with members of the community - Development of effective communication and verbal de-escalation skills Policing Strategies - In addition to being ethical, policing strategies must also be effective - Scholars have devoted a significant amount of attention to the effectiveness of police operations - Some strategies appear to be common sense, but they have proven to be ineffective Myths about Policing - Myth 1: the number of police officers affects crime - Myth 2: routine patrol deters crime - Myth 3: Rapid response time is essential - Myth 4: the resourceful investigator solves crimes o These commonly held beliefs are wrong—that is, they are myths Community-Oriented Policing - The basic philosophy of COP was to foster a positive working relationship between the police and the community - COP strategies vary depending on agency and community needs Ch. 12: Core Concepts of the U.S. Court Systems The Structure of the U.S. Court System - Adjudication is the formal process for resolving legal disputes in courts of law - Jurisdiction refers to the authority given to a court to hear and adjudicate a particular dispute - There are multiple forms of jurisdiction  o Hierarchal, subject matter and geographic Hierarchical Jurisdiction - State and federal courts are organized in a hierarchy - A court with original jurisdiction is where a case begins - Courts with original jurisdiction consider evidence and make both factual and legal determinations in a case - These are known as trial courts - Unlike a trial court, appellate courts do not conduct trials and rarely make factual determinations - Rather, a panel of judges reviews the transcripts of a trial court and rule whether the decision is in line with applicable law - Appellate courts concern questions about interpretation and application of laws Other Forms of Jurisdiction - The type of case that may be adjudicated by a court of original jurisdiction is called subject-matter jurisdiction - Courts of limited subject-matter jurisdiction are specialized (hear only certain topics) o Ex: drug court/juvenile court/divorce court/etc.)/ usually smaller issues and misdemeanors - Courts of general subject-matter jurisdiction hear all other types of cases - All federal courts are courts of limited subject-matter jurisdiction - Geographic jurisdiction refers to the geographical areas in which a court is located and over which it is empowered to adjudicate cases  - In most state systems, these geographic areas run along county lines - In the federal system, the geographic jurisdiction is set by district The Courtroom Workgroup - The courtroom workgroup refers to the working relationship between court employees - The judge, prosecutor, and defense attorney are the 3 primary actors Judges - Judges preside over state and federal courts - Their primary role is to serve as a referee, enforcing the rules of procedure and evidence - Methods of selecting judges vary dramatically o Appointed, elected, etc. Prosecutors - Prosecutors are responsible for prosecuting violations of criminal law (usually known as district attorneys—DA) - Prosecutors’ offices are arranged by county with each office having a lead prosecutor who is elected to local office - The lead prosecutor employs a staff of lawyers who actually go into court to litigate cases - Prosecutors exercise a great deal of discretion when making decisions about who to charge, whether to accept a plea bargain, etc. - Prosecutors are sometimes called “gatekeepers” - Because of this discretionary ability, prosecutors are the most powerful of the primary court actors Defense Attorneys - A defendant who can afford to do so may hire his or her own private attorney o Occurs in roughly 20% of all cases - In the remaining criminal cases, defendants cannot afford to hire counsel and so they are provided with one at no expense to the defendant o They have little or no say as to who represents them - Defense attorneys have 5 primary roles: 1. To ensure that the defendants’ rights are not violated (intentionally or in error) 2. To make sure the defendants know all of their options before they make a decision 3. To provide the defendants with the best possible defense, without violating ethical and legal obligations 4. To investigate and prepare the defense; and 5. To argue for lowest possible sentence or best possible plea bargain Criminal Pretrial Processes - Criminal offenses are broadly classified into 2 categories: felonies and misdemeanors - The distinction between the 2 categories is based on the seriousness of the crime and the maximum possible punishment - Felonies are the most serious crimes, and they can be published by a sentence of a year or more in prison and/or a large fine o Felony ex: murder/robbery/grand theft auto/property crime/ doesn’t have to be crime against a person  - Misdemeanors are less serious offenses, and they are punished by a sentence of a less than a year in jail and/or a small fine - There are also different classes of offenses that further differentiate the seriousness of felonies and misdemeanors Initial Appearance - When someone is arrested, the law requires that the person be taken before a neutral judicial officer for an initial appearance - The initial appearance protects the rights of an arrested person by reviewing the law enforcement officer’s decision that there was probable cause for the arrest Charging - Criminal defendants may be formally charged with committing a crime in 3 primary ways: 1. By a complaint filled out by an officer or a private citizen a. Police files charges with court directly (traffic violations/ petty crimes) 2. By an indictment returned by a grand jury a. At the federal level most of them go through this process 3. By an information which is a document presented by a prosecutor to a judge at a preliminary hearing - Before standing trial, an accused has the right to have the evidence against him or her reviewed to make sure there is sufficient evidence to warrant moving forward with the trial - This is typically accomplished through grand jury proceedings or preliminary hearings - Grand Jury: group of citizens that typically ranges in size from 16 to 23 people o Its purpose is to serve as a check on prosecutorial power by listening to evidence ▪ They can issue an indictment or “no bill” - Preliminary Hearing: another proceeding designed to determine whether a defendant should have to stand trial on felony charges o Preliminary hearings are used as checks on prosecutorial authority in jurisdictions that do not use grand juries or when a defendant waives their right to a grand jury ▪ Held in open court before a judge Arraignment - After a defendant is indicted by a grand jury or bound over for trial by a judge, the next step in arraignment - Arraignment: formal proceeding in which the charging document is read to the defendant in open court and the defendant is asked to enter a formal plea - Typically, the plead guilty or not guilty Discovery - Discovery is the process by which the parties exchange relevant information about a case - The prosecution must disclose all exculpatory evidence to the defense - Exculpatory evidence is any evidence that may be favorable to the defendant at trial by tending to either cast doubt on guilt or mitigate the defendant’s culpability o Ex: a knife was used to kill someone so they send it off to the lab and they find the defendant, the victim and the one person Plea Bargaining (most common way for criminal cases to be resolved) - The vast majority of criminal cases never go to trial - They are resolved by a plea bargain - Plea bargaining is the process by which a defendant agrees to plead guilty in exchange for some consideration from the government o About 95% of all felony conviction are obtained by a plea bargain Pretrial Motions - A motion is a formal request asking a court to make a specific ruling - The most important motion that can be made before a trial is the motion to suppress - In this motion a criminal defendant asks a judge to suppress certain evidence from being considered at trial Criminal Trial Processes - The 6th amendment guarantees the right to a speedy, public, and impartial trial - There are 2 main exceptions to this rule: o First, juveniles do not have the right to a speedy trial or a jury trial o Second: the right to a jury trial does not apply to petty charges o In addition, a defendant can wave his or her right to trial by a jury and a judge assumes the role of the jury (called a bench trial) Jury Selection - In jury trials, the jury must be selected before a trial can begin - Jury selection is complicated and varies significantly across jurisdictions - There are several steps that occur almost everywhere - First court personnel assemble a group of potential jurors - Next, the venire is requested in court in a process known as voir dire - During voir dire, the venire is worn to tell the truth and then is asked questions to screen out people who cannot be fair and impartial o In some jurisdictions, each side may be permitted to excuse a few jurors without cause o These are called peremptory challenges - Once the voir dire is complete, the judge will empanel and swear the petit jury - The petit jury contains the members who will actually listen to the evidence over the course of the trial - In most states, criminal juries are composed of 12 petit jurors o Some have been as small as 6 members o Alternate jurors (this is in the case of when the criminal case will be super long like over months they will have extra ones) Presumptions and Evidence - At the start of a criminal trial, the jury is guided by 2 presumptions: 1. The presumption of sanity—all defendants are presumed sane unless they are proven insane at trial 2. The presumption of innocence—all criminal defendants are presumed innocent until proven guilty beyond a reasonable doubt - Evidence: anything that helps to prove or disprove a fact - There are 4 types of evidence: 1. Physical evidence—tangible things like clothes, weapons, drugs, etc.  2. Testimony—the response of sworn witnesses (ex: 3. Scientific evidence—forensic testing, DNA, autopsy reports, ballistics, etc. 4. Demonstrative evidence—includes things like maps, photos, diagrams, etc. Standard of Proof - Prosecutors build a case by using evidence to rebut the presumption of innocence - The goal is to prove all elements of a crime beyond a reasonable doubt - Juries make decisions based on facts presented Trial - The order in which a trial unfolds varies somewhat from state to state - The ultimate goal of a trial is to reach a verdict—guilty or not guilty - Opening statements, presentation of evidence, closing statements - In criminal cases: 2 possible outcomes can occur: either guilty or not guilty o Hung jury Sentencing - If a defendant is convicted, the trial court judge must sentence the defendant to some sort of criminal punishment o Presentence investigation report o Victim impact statements - The penal code of jurisdiction sets the permission range of punishments that a judge may impose Ch. 13: Core Concepts of Correctional Theory and Practice The Scope and Purpose of American Corrections - Correctional agencies are responsible for carrying out sentences imposed by the criminal courts - Sentences may range from probation to execution - The federal government maintains its own correctional agencies, as does each of the 50 states - The contemporary correctional system does not fully meet the goal of offender reformation - The recidivism rate is a measure of how often a former offender is committing a new crime o Almost half of all released inmates are convicted of a new crime within 3 years - There are 5 frequently acknowledged philosophies of punishment o Rehabilitation, which is the most closely linked to the concept of correction o Retribution, or the idea that offenders deserve unpleasant punishment o Deterrence, or the idea that the threat of punishment should discourage the public from committing crimes and that punishment should discourage offenders from repeating criminal acts o Incapacitation, or removing an offender’s ability to commit crimes against society, generally by confining the offender in prison o Restitution, or compensating a victim or society for losses caused by crime Four Essential Tensions Underlying Correctional Philosophy and Policy - If corrections policy is not based on a single philosophy, how does it develop? - The concept of essential tension is useful in exploring this question  - Essential tension: is a conflict between ideals or what should be and the observable world as it actually is (this is the full circle tension between idealism and pragmatism) o There are 4 tensions to look at The Essential Tension of Finance - Money and budgets are the most profound of the essential tensions - Correctional agencies are funded by tax dollars, which are allocated by legislatures - A correctional agency may have impressive goals or ideas, but without the funds, those goals will go unrealized o In response to budget reductions, states have closed prisons, shifted priorities (such as reducing treatment programs, even those required by law) and even changed laws to reduce the number of persons who are sentences to prison ▪ Budgets cuts are a big reason why less people are put in prison because its super expensive/ technology has helped because they can monitor people and their behaviors outside of prison and not have to pay for their food, healthcare, etc. in prison - There is also a conflict theory perspective of finance as a driver of correctional policy - Conflict theorists argue that decisions are made to benefit (financially or otherwise) those who hold power in society - The conflict perspective is best exemplified by the notion of prison-industrial complex o This means a set of bureaucratic, political, and economic interests that encourage spending on imprisonment regardless of the actual need The Essential Tension of Research - Pragmatic thinkers hope that correctional policy is justified based on solid research - This is not typically the case and correctional policy is sometimes based on “common sense” not empirical evidence o E.g. correctional boot camps—sounded good in theory, but there is no evidence that they work (the main difference between these and military bootcamps is that you and not forced to join the military so its voluntary but these are not voluntary) The Essential Tension of Discretion - Criminal justice is both a bureaucracy and a profession (discussed in Ch. 1) - Bureaucracies are driven by rules and procedures that all personnel are expected to follow - Profession is composed of individuals who are expected to exercise their own judgement - Examples important to corrections include: o Probation Supervision: Some offenders rather than being sent to prison, serve their time on probation. While on probation they may live and work in the community, but they also must follow some special rules and report regularly to a probation officer o Classification: When an offender is sentenced to prison, the Department of Corrections must decide which prison is most appropriate for him or her o Parole Release: In some states, prison inmates may be released on parole before the end of their sentence. To receive parole inmates must be approved by a parole board, which determines if the inmates has been rehabilitated o Revocation: If a person on probation violates a law or a rule of probabtion (e.g. leaving the state without permission of the probation officer) then the probation may be revoked and the person may be sent to prison *Probation: you never went to prison *Parole: you have been to prison, and this is your out of the pen serving sentences The Essential Tension of Invisibility - Most people know very little information about the working of the criminal justice system o Correctional agencies are the most hidden of all criminal justice agencies - The information that the public does hold about corrections comes from the media - With the amount of money that is spent on corrections, it’s surprising that correctional agencies are far removed from public awareness - This leads to the essential tension - Meaningful conversations about correctional policy become challenging and uncommon because correction tends to be invisible to the public History and Practice of Institutional Correction - Correctional institutions are secure facilities designed to house persons accused or convicted of a crime - There are 2 types of correctional facilities: jail and prisons o A jail is a short-term facility designed to house defendants awaiting trial or who have short sentences usually operated by a county sheriff ▪ Majority of people in jail have not been convicted of a crime/ they have been arrested and waiting trial or because they cant pay bail or theu are waiting for transfer to another one/ or they are serving a short sentence (under a year) ▪ Hard to implement rehabilitation programs because the changing population is so constant o A prison is a long term facility ▪ Only people convicted of a crime are going to prison ▪ Rehab programs work better here because the population stays relatively the same Historical Survey of Correctional Institutions - In the colonial era and the early years of the American republic, correctional institutions were not widely used for punishment - There were no prisons, only jails and they were used differently than we do now - They were used to: o Hold persons awaiting trial or punishment o Hold persons who could not pay their debts - Three models of correctional institutions developed in the 19 th century in America 1. The solitary system—based on Eastern State Penitentiary in Pennsylvania 2. The Congregate System—based on the Auburn State Prison in New York 3. Prison Farms—common in the southern US The Solitary System: designed to promote offender rehabilitation through self-introspection - The focus was on silence and lack of human contact - Inmates often would wear hoods to avoid human to human contact - Inmates stayed in their cells The Congregate System: was a less expensive alternative to the solitary system - It could also generate revenue for the state through inmates’ work in prison factories - Absolute silence was expected - Inmates were not completely isolated o The development of the congregate system was prompted by a desire for prisons to rehabilitate in addition to punish o The strict discipline was intended to lead to reformation of the inmate, but with a prison less costly than one designed previously on the solitary model Prison-Farm System: southern states developed farm system where inmates lived together in large bunkhouses (similar to barracks) - Farms were mostly run by the inmates - They were expected to generate revenue for the state by selling produce - Over time each of these 3 systems was abandoned o the prison farm system was ruled unconstitutional o the solitary system was criticized because complete isolation could cause mental distress and it was expensive o the congregate system (most adopted by other states) was abandoned because of overcrowding and the practices of strict silence and only one inmate per cell Current Practice in Correctional Institutions - in contemporary prison, inmates typically live with a cellmate, have opportunities for work or programming, and interact with other inmates and correctional staff - There is variation in prisons in terms of design, programs offered and security level - There are different types of prison facilities - Distinction often based on security level o Minimum, medium, and maximum-security facilities - Offenders who are sentences to prison go through an initial classification process - Determines security level and assigns them to prison Theoretical Perspectives on Prison Life - 2 theoretical perspectives that provide context for understanding prison and life inside them 1. Irving Goffman’s “total institutions” (allows the institution to dictate everything that happens to a person/ when you eat, what you wear, etc.) 2. Gresham Sykes on the “pains of imprisonment” - Inmates entering the total institution undergo what Goffman refers to as mortification, which essentially means a loss of personal identity - Their name is replaced with a number institutional clothing replaces individual attire, etc. - It is within the total institution that inmates experience the 5 pains of imprisonment as described by Sykes: o Deprivation of liberty (mail is checked before you get it, if you can get visitors and how you see them, no internet, etc.) o Deprivation of goods and services  ▪ Contraband o Deprivation of heterosexual relationships o Deprivation of autonomy o Deprivation of security A History of Community Corrections - Probation is a punishment given by a judge that allows the offender to remain in the community instead of being sent to prison or jail - Probation is often used as a suspended sentence o The judge actually gives an offender a prison sentences, but puts it aside as long as they follow the rules of probation Current Practice in Community Corrections - In addition to probation and parole, many other correctional alternatives have been developed since the 1960s - They are known as immediate sanctions: o Boot camps o Halfway houses o Day reporting centers o Electronic monitoring o House arrest o Intensive Supervision Probation