wa2 summary

11/16/2015

1

American Policing and Court Systems

-Slides and data in this outline are from Siegel (2015); Adler, Mueller, and Laufer (2007); and

modified by Manning (2007, & 2015).

The Criminal Justice System overview

• The Process of Justice – From initial contact, through post-release

• Crime committed - investigation

• Police make arrest based on probable cause

• Booking (custody) fingerprinting and investigation

• Grand jury hands down its indictment

• Arraignment: formal charges & rights read to defendant

• Bail or detention

• Plea bargaining

• Trial process/adjudication

• Sentencing/disposition

• Appeals

• Correctional treatment

• Release

• Post release/aftercare. if early release on parole.

England’s Policing History

• 1829, Sir Robert Peels created the Metropolitan Constabulary in London.

– So successful all counties were required to have them by 1856.

– Police officers must have a perfect command of temper.

– Critics said these agencies were created to control the poor.

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American Policing History

• Colonial America

– Used system like England's

• America’s first uniformed police

– Boston in 1838 and New York in 1844

• Progressive Era – lead by T. Roosevelt

– 1895—tried to reform police by removing them from politics.

• Today more than 20,000 separate agencies in US

– 708,022 sworn officers

Federal Law Enforcement

• First Federal police force 1790 – US Coast Guard.

• Federal Bureau of Investigation – Investigate domestic terrorism, white collar crime,

organized crime, public corruption. – Named FBI in 1935 under J. Edger Hoover – Chief investigative branch of Depart of Justice.

• Captured Baby Face Nelson, Pretty Boy Floyd.

– Image tarnished • 1960s wire tapping, opening mail • 1993 handling of WACO TX Branch Davidians.

Federal Policing cont’d

• Drug Enforcement Administration DEA

• Immigration and Naturalization Service

– INS largest group of federal police.

– Now called ICE:

• US Immigration and Customs Enforcement

• United States Marshall Service

– Witness protection, federal court security

• Treasury Department: Secret Service

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Department of Homeland Security

• Five divisions created after 911:

– Border and Transportation Security

– Emergency Preparedness & Response

• Make sure were prepared and able to recover from terrorism

– Science and Technology

– Information Analysis and Infrastructure

– Management

State, County and Municipal Law Enforcement

• State Police – 1st was Texas Ranger 1835 – Today only Hawaii without state police

• Highway Patrol • County Police (Sheriff’s Department)

– Tax assessment & collection, court duty, run jails, serve court orders, oversee public buildings, highways, bridges and parks.

• City Police – 24 hour service not the norm in small town – New York City has over 72,000 officers operating at a

cost of about $2.5 trillion

Special Purpose Policing and Private Police

• Special Purpose Police – Transit Police – Public Housing Police – Airport Police – Public School and College Police – Park Police

• In past considered inferior now highly recruited & trained.

• Private Police Are there any ethical issues? – Guard and Patrol Services – Private Investigators – Alarm Companies and Computer Security Systems – Armored-car and Courier Services

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City Police Functions

• Line Functions – Patrol Division -1st on crime scene

• Maintain order, block off crime scene, interview • Visual presence deters crime

– Investigation Division • Detectives hold more prestigious positions

– Specialized Unites – mostly larger cities • Traffic Units –investigate accidents, meter maids • Vice Squad –enforce gambling laws, drug, prostitution • Undercover agents often work with informants. • Issue of Entrapment

• Non-Line Functions – Support – Planning, research, admin. & training, budgeting, purchasing,

public relations, inspections, – Support line functions with high tech services. – All police have some training (3-16 weeks)

Police Functions

• Law Enforcement – Control crime. In past police were evaluated by the number of felony arrest

made. – Past effectiveness meant depersonalized one officer patrol cars and rotation of

beats. – But 1960s taught us that police must do more than enforce laws.

• Order Maintenance – Today—peacekeeping and conflict management – Greater discretion in deciding if a crime was committed

• Community Service – Respond to social problems and emergencies – Police aid gunshot/knife wounds, diabetic reactions, teen runaways

Civil Right issues and the Rule of Law

• Constitutional Due Process (14th Amendment) – Protection against unreasonable search & seizures. – Protection against self-incrimination – The right to counsel

• Use of Deadly Force & Police Brutality – Before Tennessee v. Garner the law had always been that police could shoot to

kill anyone fleeing a felony—even unarmed – Today, force can only be used when necessary to prevent escape of suspect

believed to be a significant threat. – While physical force maybe needed. Police brutality is no longer tolerated in

America.

• Abuse of Discretion – Officially regulated but police have considerable autonomy.

• Corruption – Meat eaters: police who solicit bribes or cooperate w/criminals for gain. – Grass eaters: police who accept payoffs for services or looking the other way.

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Police Officer Life and Subculture

• Qualifications – Today new recruits must be in good shape. – With no criminal record, and at least have high school diploma.

• Minority Groups In Policing – Civil Rights lead to increased police diversity – Women first obtained patrol officer status in 1960s. – Are women police officer fully accepted today?

• Subculture issues: – High job related stress. – Self isolation with other police and family. – Characterized by chronic suspiciousness, authoritativeness, and

cynicism. – High risk of marital problems, physical ailments, alcoholism, issues

with children, and drug abuse.

America’s Dual Court System

State Supreme Court

State Appellate Court

State Trial Court

-Limited Jurisdiction - minor

-General Jurisdiction - major

U.S. Supreme Court

-how many justices?

U.S. Circuit Courts

of Appeals (13)

U.S. District Court (94)

State System Federal System

Federal Magistrates -minor fed offences -issue warrants

Terminology I want to appeal

• Writ of certiorari – an order issued by a higher court directing a lower court to send to it the records of a case.

• Habeas corpus – a request to produce the prisoner before the reviewing judge and to explain by what lawful authority the prisoner is being detained.

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Roles People Fill

• Prosecutor – DA works for the state – Collection agent dispenser of justice – Political enforcer and overseer of police

• Defense – works for defendant • Judges deals with matter of law

– Jurist instructed to focus on matters of fact

• Grand Jury – Decide if case will go to trail or not

• Arraignment – Grand jury hands down its indictment – Defendant pleads – Plea Bargen opportunity – has pros and cons

Jury Selection and Trial Proceedings

• Voir dire: the process by which lawyers and the judge examine a prospective juror to determine his or her acceptability.

• Peremptory challenge: objections to potential jurors for which no explanation is required.

• Challenges for cause: objections to potential jurors for which a reason is given.

• Proceedings of People v. John Doe 1. Opening statement of the prosecutor 2. Opening statement of the defense (may be waived until the

defense’s case in chief) 3. Prosecutor’s case in chief 4. Motions 5. Defense’s case in chief 6. Motions 7. Closing argument of the prosecutor 8. Closing argument of the defense

Sentencing Hearing

– Death penalty – 36 states – Incarceration – Probation – Restitution – Community Service – Fine combo or split sentencing

• Punishment Philosophies – Incapacitation – protect society from offender – Deterrence (general and/or specific) – Retribution - eye for an eye – Rehabilitation – early to mid 1970s – Just Deserts – back to eye for an eye – Restorative Justice

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Exploring the Death Penalty

• First—Daniel Franks in 1622, VA

• Six Forms – in USA – Firing Squad, Lethal Gas, Hanging, Decapitation,

Electrocution, Lethal Injection

– Which is the only form never used in US?

• Deterrence Argument

• Discrimination Argument

• Cost Benefit Argument

• Global Trends