Exam 2 Study Guide Flashcards
(30 cards)
What are the roles of the primary criminal justice officials of early England?
- Sheriff
- Job: maintain law and order
- Duties: act as an officer of the court, summon juries, and enforcement civil judgements
- Constable
- Duties: Collect taxes, supervise roadways, serve as a magistrate
- Coroner
- Duties: Oversight of the interests of the Crown, including criminal matters
- Since the 21st Century, coroners’ single function has been to determine Cause of Death
Which countries and people are credited with informing much of the functions, roles, and organization of police agencies within the US? (hint: see slide 7,8,9 of chapter 7)
Greek: Draco, plato, and Kin
Rome: Augustus Caesar
England: Duke of Normandy and Leges Henrici
What are the laws of Lipit-Ishtar and code of Hammurabi?
Laws of Lipit-Ishtar: • Oldest Codified Law (approx. 1450 BC)
• Great amount of social stratification:
• Powerful and Wealthy received more lenient outcomes
• Focus on Compensation, rather than Sanctions
Code of Hammurabi: • One of the oldest codified law (approx. 1750 BC)
• 300 laws across 13 areas
• Included capital punishment
• Social stratification -> Unequal delivery of justice
What are the differences between each of the polcing eras discussed in class and in the text?
The Political Era (1840-1920)
• Began in the 1840’s due to growth of cities
• Close ties between the police and local political leaders
• Focus: Prevent crime & keep order using foot patrol
• Service: medical emergencies, operating soup kitchens, regulating public health, etc.
• Became “general public servants as well as crime control officers” (Monkkonen, 1992)
• In the late 1800s, American policing system was run by the political machine
• It was a very corrupt system
• What are some ways in which it was corrupt?
○ Spoil system (bribes and protection money for illegal businesses)
• Police brutality was a common practice
• Third degree- a process by which suspects were tortured and beaten in order to gain a confession
August Vollmer
• Chief from Berkeley, CA
• police should enforce the law w/out political corruption
• His contributions includes:
• first to field bicycles to his officers
• created an early police academy
• developed in-service training for his officers
• first crime lab in the U.S.
• Vollmer was also instrumental in educating future police chiefs
The Reform Era (1920-1970)
• The move to prohibition would be the catalyst for reform
• The police became more brutal and corrupted
• Reformers pushed for political ties to be severed and for law enforcement to become more professional
• The Wickersham Commission was formed in 1928 by President Hoover
• The report confirmed that the police were corrupt and brutal and reforms were badly needed
Aimed to increase Police Professionalism by:
1. Public Relations Campaigns
2. Bureaucratic Organizations
3. Create Tiered management
4. Increase Police Presence
5. Patrol in Marked Vehicles
6. Centralized 9-1-1 System
The Community Policing Era (1970-Present)
• Police-community relations deteriorated
• The police resorted to old tactics to deal with the new problems
• Solutions
• Police-community relations
• Community policing
• Problem-oriented policing
James Q. Wilson
Broken Windows Theory
• Neighborhood Disorder Creates fear
• Untended disorderly behavior and visual ques indicate nobody cares
• Leads to worse disorder, fear, and crime
• If police address small offenses, it will restore order before the community is engulfed in disorder
Homeland Security Era (2001-Present)
- As a result of 9/11 the Department of Homeland Security was created in 2002
- Homeland security also means the entire network and infrastructure of federal, state, and local assets that are focused on protecting America’s homeland
- National Response Framework—a set of guiding principles for coordinating the response of all agencies through the National Incident Management System
- The police share information and conduct information through fusion centers
- The police are also involved in Joint Terrorism Task Forces
- They consist of federal, state, and local police agencies
What were major findings from the Kansas city preventive patrol?
Police study that found that changes to police presence did not have significant effect on crime or change citizen satisfacction levels with the police.
What are the four basic tasks of policing?
- Enforcing the Law
- Maintaining Order
- Preventing Crime
- Providing Services
What are each of the distinctive styles of policing? What times of activities are done within each of these styles? What are the goals of the different types of policing? How are these goals carried out?
Community Oriented Policing • Developed from social and political climate to create what became the predominate method of policing from 1980s-1990s • Public relations (early 20th century) • Police-community relations (1950s) • Team policing (1970s) • Community policing (1980s)
Problem-Oriented Policing: Goldstein
Policing a Free Society (1977)
• Reflected on the state and potential improvement of American policing
Improving Policing: A Problem-Oriented Approach (1979)
• Argued police focused too much on the means, rather than the ends
• Focus on Calls-for-Service, rather than focusing on the desired outcome à solving problems
Problem-oriented policing has been considered an effective police strategy
• SARA model
• Scanning
• Analysis
• Response
• Assessment
Targeted Policing
• Directed Patrol
• Officers assigned to specific crime- or traffic-directed patrols with in a beat
• Responsible for monitoring the area through patrol
• Aggressive patrols
• Police officers using the law to aggressively target known crime locations
• Saturation patrols
• Deployment of a great number of officers and resources to a specific problem location
• Tactical patrol
• Officers are freed from Calls-for-Service to target problem locations through multiple means
• Hot spots policing
• Targeting areas, defined as hot spots, within increased control and resources
• Crime specific policing
• Concentrated policing efforts in specific areas that are targeted at specific crimes
○ Predictive policing
What are the different types of law enforcement agencies? Who makes up each of these agencies? What are the roles/functions of each agency? What are each of these agencies jurisdictions?
Federal Agencies
• Functions under the executive branch
• Over 12,000 Special Agents
• Investigate crimes defined by congress
• Drug trafficking, organized crime, white collar, & terrorism
• Also investigates government corruption and violations of civil rights
• Leader in investigating cyber crime
Department of Justice
• Headed by the Attorney General
• Role of Federal Bureau of Investigation (FBI) is to protect the U.S. against:
• Terrorist attacks
• Foreign intelligence operations and espionage
• Cyber-based attacks and high-technology crimes
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE)
• United States Marshals Services
• Drug Enforcement Administration (DEA)
State Agencies
• Patrol, Police, and Investigation Organizations
• State Police
○ A state agency responsible for highway patrol and other duties as delineated in the state’s statues
• State Bureaus of Investigation (SBI’s)
○ A state agency that is responsible for enforcing state highway laws and investigating crimes involving state statutes
• Other Special-Purpose State Agencies
• Alcohol Beverage Laws
• Fish and Game Laws
• State Statutes and Local Ordinances
• Agricultural Laws
• Commercial Vehicle Laws
• Airport Laws
County Agencies • Sheriffs • Main job functions: • Policing rural areas • Officer of the court • Operate jails • Serve court orders
Local Agencies
• Municipal police
• 18,000 agencies
• Approximately 900,000 law enforcement officers
• Range from very small 2-3 person departments to very large (NYPD about 34,000 officers)
• The head is a police chief, sometimes called a police commissioner
Be familiar with the police agency chain of command as well as what job roles fall under each rank?
Police Chief • Appointed by the mayor • Sworn or civilian administrator • Maintains budget • Works with local government • Sets policy priorities • Serves as the public face • Communicates with local citizens and media
Deputy Police Chief/Asst. Chief of Police • Second highest ranking • Reports directly to the Chief • Serves as Chief if the Chief is unavailable • Responsible for subdivisions • Community affairs • Internal affairs • Intelligence
Captain • Reviews personal files and incident reports • Ensures officers are acting in compliance • Interviewing and hiring • Lead officer for specialized units • Narcotics • Organized crime • Financial crimes
Lieutenant
• Ensure appropriate number of officers is delegated to a particular neighborhood
• Administrative functions
• Respond on-site in serious cases
Sergeant
• Create staffing schedules
• Provide training for officers
• Relay information
Detective
• Follow cases throughout the investigation
• Prepare case for the prosecutor
• May be called to testify in court
Patrol Officers • Makeup a majority of sworn officers • Assigned transportation style • Typically 1st responder • Conducts interviews • Prepares reports • Provides traffic control • Carries out arrests Transports detainees
What is police discretion? What are teh pros/cons of police discretion? What types of variables influence police decision making processes? Why is discretion needed? In what aspects of police roles can discretion lead to corruption?
- Officers are faced with 2 decisions:
- Whether to intervene
- How to intervene
- Determinants of discretionary actions:
- Law
- Officer’s attitude
- Citizen’s attitude
Pros
Flexibility to treat different situations in accordance with humanitarian and practical goals
Allows officers to adapt to the situation
“Justice tempered with mercy” Justice should be impartial to personal beliefs
Cons
Officers can treat different situations differently based on biases and personal motives
Officers who have the least training and experience have the greatest amount of discretion
Justice should be impartial to personal beliefs
What are the different types of patrol? Why, and when might a department deploy each type? Be able to provide and example of each?
- Preventative Patrol
- Focus: maintaining a visible presence to deter criminal behavior & disorderly conduct
- Reactive Patrol
- Focus: responding to calls-for-service or civilian initiated contacts
- Officer-Initiated Contacts
- Focus: responding to infractions, misdemeanors or felonies committed in the officer’s presence
- Administrative Duties:
- Focus: paperwork and administrative duties of officers and those they have contacts with
What are the benefits of having racially/ethnically diverse police department?
- Representation and understanding the needs of a diverse community
- Foster better Community-Police relations
How do female officers differ from male officers? What are the benefits of having more female police officers within a police department?
Female officers were working more as social workers rather than actually police officers. They face sexual harrassment and structure misogyny. However, police women are more successful in community policing, and are better at dealing with victims.
What is the Bill of Rights, and why was it created?
- First ten amendments in the constitution
- Reflect the belief we do not want to give absolute power to investigators because this would cost us:
- Our individual liberties
- Privacy
- Due Process
- Why was the Bill of Rights enacted?
- Bill of Rights serve as an important means of “balancing the scales”
- Criminal justice professionals must conform their behavior to the constitution and the changing laws
Be familiar with Supreme Court cases mentioned in lectures and in the book. What are the backgrounds of these cases? Why are they important? What amendments do they relate to? How do they inform policing practices used today?
Mapp v. Ohio (1961): If evidence is obtained outside of the context of a warrant, such items must be excluded and cannot be used against someone in a court of law. This is called the exclusionary rule.
Riley v. California: the Court unanimously ruled that police must obtain a warrant in order to search the cell phone of someone under arrest.
Carpenter v. United States: The Court held that a search of these cell phone records without a warrant is a violation of the Fourth Amendment protection against unreasonable search and seizure.
United States v. Chadwick held that while the police could seize any containers found within the car (such as a suitcase), they could not open them without a warrant.
Carroll v. United States: police can search car without warrant as long as there is probable cause.
What are the four types of job stress police officers face? What causes officer stress and fatigue? What are the effects of officer stress and fatigue?
- 4 types of stress officers face (Cullen et al., 1985)
- External
- Organizational
- Operational
- Personal
- Has many effects:
- Way officers treat citizens
- Health related problems
- Emotional/personal
- How officers interact with each other
- Job performance
- Niederhoffer’s cynicism curve
Officer Stress & Fatigue Caused By: • Frustration • Fatigue & Boredom • Traumatic/Disturbing Events • Constant in Danger • Moral Dilemmas • Machismo Attitude
What is a subculture? How does this relate to police officers?
What is subculture?
• Made up symbols, beliefs, values and attitudes shared by members of a group within society
When does this begin for police officers?
• Begins in the academy
• Changes during field training
• Changes as they become a full officer
What do “working personality” and cognitive schems mean? How are these developed? Why are they needed?
Working personality:
• Set of emotional and behavioral characteristics
• Developed in response to environmental influences
Schema Development
• Officers gain schemas as they are assigned different areas of patrol
• Such schemas may include unconscious conclusions about people or events before they know the facts
Two elements define the working personality:
• Danger
Authority
What are the fourth fifth, sixth, eight, and fourteenth amendments?
Fourth Amendment
• The right against:
• Unreasonable searches & seizures
• Arrest without probable cause
- The Exclusionary Rule
- Fruit of the Poisonous Tree Doctrine
- Good Faith Exception
- Plain View Doctrine
- Emergency Searches
Fifth Amendment and the Police
• “No person shall… be compelled in any criminal case to be a witness against himself”
• This is considered the right against self-incrimination
• Protection against double jeopardy
• Right to due process regarding:
• Evidence & investigation
• Arrest
• Interrogation
• Protects suspects from police violence or coercion in order to obtain a confession
Fifth & Sixth Amendment Rights
• A person accused of a crime has a right to due process
• The Sixth Amendment allows them “to be informed of the nature and cause of the accusation,” which means they have to be told why they were arrested, and they also have the right to “assistance of counsel”
• Miranda Rights—U.S. Supreme Court case of Miranda v. Arizona (1966)
• Rhode Island v. Innis (1980)
Sixth Amendment Rights
• Right to due process
• Right to a speedy trial
• Right to a jury trial
• Right to know what the charges are
• Right to cross-examine witnesses
• Right to a lawyer
• Right to compel witnesses on one’s behalf
8th & 14th Amendments
• 8th Amendment:
• Right to reasonable bail
• Protection against excessive fines
• Protection against cruel and unusual punishments
• 14th Amendment:
• Constitutional rights to be applied to all citizens, regardless of state law or procedure
What is the difference between probable cause and reasonable suspicion? When is each needed?
- Probable cause
- Reasonable suspicion or belief that a crime has been, or is about to be, committed by a particular person
- Reasonable suspicion
- Suspicion that is less than probable cause but more than a mere hunch that a person may be involved in criminal activity
- The court examines the type and amount of probable cause that the officer has at the time of the arrest
What is the use of force continuum? What are examples of use of force within each level of use of force? How often is force used? When is it acceptable for an officer to employ each level of force?
- Police officers have the unique job of being able to use force in their line of work
- Use of force continuum:
- Level 1: Officer Presence
- Level 2: Verbal Commands
- Level 3: Soft Techniques
- Level 4: Hard Techniques
- Level 5: Deadly Force
- By law, police have the authority to use force if necessary to make an arrest, keep the peace, or maintain public order
- National Institute of Justice Findings:
- Police use force infrequently
- Police use of force typically occurs in the lower end of the force spectrum, involving grabbing, pushing, or shoving
- Use of force typically occurs when police are trying to make an arrest an the suspect is resisting
What is police corruption? What different analogies are used to describe police corruption? Who is known as paramount figure when discussing police corruption?
- The abuse of police power and authority for personal and/or organizational gain
- Had a long history in America
- Early 20th c. City official organized liquor and gambling businesses for monetary gain
- Ties between politicians and the police agencies assured protection
- Grass Eaters v. Meat Eaters
Slippery slope
• Officers may accept small gratuities, which has the possibility to lead to acceptance of larger bribes. Has the ability to influence how s/he polices, and who s/he polices
Rotten tomatoes
• The idea that if there is one rotten (corrupt) tomato (officer), it is better to get rid of the bad, in order to protect the rest from being spoiled
Types/Continuum of Corruption
Gratuities
• Acceptance of gifts from community members
Playing favorites
• Selective enforcement of the law
Minor Bribes
• Accepting minor sums of money for looking the other way in cases of violations of the law
Being above inconvenient laws
• Officers violate lower level laws
Role Malfeasance
• Destruction of evidence, biased testimonies, protection of ‘crooked cops’ etc.
Major bribes
• Accepting large sums of money for overlooking violations of the law
Property crimes
• Burglary, theft, robbery committed by officers
Criminal enterprise
• Resale of confiscated items
Denial of civil rights
• Officers why systematically & routinely work in ways to deny citizens their rights to due process
Violent crimes
• Physical abuse of suspects
What are each of the types of behaviors within the continuum of corruption?
Gratuities
• Acceptance of gifts from community members
Playing favorites
• Selective enforcement of the law
Minor Bribes
• Accepting minor sums of money for looking the other way in cases of violations of the law
Being above inconvenient laws
• Officers violate lower level laws
Role Malfeasance
• Destruction of evidence, biased testimonies, protection of ‘crooked cops’ etc.
Major bribes
• Accepting large sums of money for overlooking violations of the law
Property crimes
• Burglary, theft, robbery committed by officers
Criminal enterprise
• Resale of confiscated items
Denial of civil rights
• Officers why systematically & routinely work in ways to deny citizens their rights to due process
Violent crimes
• Physical abuse of suspects
What do civil accountability, civil liability, and qualified immunity mean?
Civil Accountability
• Better community relationships when public feels protected
• Difficult task of balancing laws and policies, and still able to carry out job
4 techniques used to control the police
• Internal Affairs Unit
- Civilian Review Boards
- Standards & Accreditation
- Civil Liability Law Suits
- Civil Liability Suits
- Potential responsibility for payment of damages as a result of a ruling in a lawsuit
- Denial of civil liberties
Qualified Immunity • Court rules on if: • The defendant’s conduct clearly violated a constitutional right, and • If the right was clearly established • Protects law enforcement agents
