Evolution of Policing
bcrew32
CRIJ3303Ch2.pptxChapter 2 The American Quest for Freedom and Justice: Our Laws
© 2018 Cengage. All rights reserved.
‹#›
‹#›
© 2018 Cengage. All rights reserved.
Chapter 2 Learning Objectives
LO 1: Define what a law is.
LO 2: State the assertions of Declaration of Independence regarding civil rights and civil liberties.
LO 3: Explain the significance of the U.S. Constitution in terms of setting law in this country and its role in establishing the foundation for the criminal justice system.
LO 4: Describe in as much detail as possible what the Bill of Rights is.
‹#›
© 2018 Cengage. All rights reserved.
Chapter 2 Learning Objectives (cont.)
LO 5: Summarize the basic differences between a crime and a tort.
LO 6: Understand from where police get their power and authority and identify what restrictions are placed on this power and authority.
LO 7: Recognize what the scales of justice symbolize.
‹#›
© 2018 Cengage. All rights reserved.
Introduction
The supreme law of the land is embodied in the U.S. Constitution and its Bill of Rights.
Our system of laws is extremely complex.
May be classified according to:
Form—written or unwritten common law
Source—constitutional, statutory, case
Parties involved—public, private
Offense—criminal, civil
‹#›
© 2018 Cengage. All rights reserved.
What is Law?
Complexities and Effects
Social or moral law
Precedents: Common law and case law
Statutory law
Equity
“Spirit of the law” takes precedence over the “letter of the law.”
‹#›
© 2018 Cengage. All rights reserved.
LO 1: Define what a law is.
5
The Declaration of Independence
American Creed
Individual freedom
Civil rights
Civil liberties
Statement of philosophy
Checks and balances
Ensuring law and order
‹#›
© 2018 Cengage. All rights reserved.
LO 2: State the assertions of Declaration of Independence regarding civil rights and civil liberties.
6
The U.S. Constitution
System
Fundamental laws and principles
Prescribe the nature, functions, and limits of a government or other body
Three branches of government
Federalism
‹#›
© 2018 Cengage. All rights reserved.
LO 3: Explain the significance of the U.S. Constitution in terms of setting law in this country and its role in establishing the foundation for the criminal justice system.
7
Discussion Question #1
What other rights would you like to have enumerated in the Constitution?
‹#›
© 2018 Cengage. All rights reserved.
LO 3: Explain the significance of the U.S. Constitution in terms of setting law in this country and its role in establishing the foundation for the criminal justice system.
8
The Bill of Rights
Personal Guarantees
The First Amendment
The Second Amendment
The Fourth Amendment
The Fifth Amendment
The Sixth Amendment
‹#›
© 2018 Cengage. All rights reserved.
LO 4: Describe in as much detail as possible what the Bill of Rights is.
9
The Bill of Rights and the Fourteenth Amendment
Personal Guarantees
The Eighth Amendment
The Ninth Amendment
The Tenth Amendment
The Fourteenth Amendment
‹#›
© 2018 Cengage. All rights reserved.
LO 4: Describe in as much detail as possible what the Bill of Rights is.
10
Discussion Question #2
Is any amendment more important than the others?
‹#›
© 2018 Cengage. All rights reserved.
LO 4: Describe in as much detail as possible what the Bill of Rights is.
11
Criminal Law
Features
Defining crime and fixing punishment
Substantive criminal law
Proving that a crime has been committed
Procedural criminal law
Actus reus
Mens rea
‹#›
© 2018 Cengage. All rights reserved.
LO 5: Summarize the basic differences between a crime and a tort.
12
Civil Law and Torts
Distinctions
The law enforcement officer and civil liability
“Lawsuit paranoia”
The Civil Rights Act (Section 1983)
Levels of intent
Strict liability
Intentional wrong
Negligence
‹#›
© 2018 Cengage. All rights reserved.
LO 5: Summarize the basic differences between a crime and a tort.
13
Police Power
Enforcement
Police power is derived from:
The U.S. Constitution
U.S. Supreme Court decisions
Federal statutes
State constitutions
State statutes
State court decisions
Various municipal charters and ordinances
‹#›
© 2018 Cengage. All rights reserved.
LO 6: Understand from where police get their power and authority and identify what restrictions are placed on this power and authority.
14
Needs of Society, Individual Rights
View of Social Control
Conflict theory
Consensus theory
Crime control versus due process
Due process: A constitutional guarantee
Conservative versus liberal crime control policies
‹#›
© 2018 Cengage. All rights reserved.
LO 6: Understand from where police get their power and authority and identify what restrictions are placed on this power and authority.
15
Discussion Question #3
Do you think the police have too much power or too little power?
‹#›
© 2018 Cengage. All rights reserved.
LO 6: Understand from where police get their power and authority and identify what restrictions are placed on this power and authority.
16
Retributive v. Restorative Justice
State versus Individual
Shift in the criminal justice system
Two competing views
Retributive
An eye for an eye
Restorative
Reconciles needs of victim and offender
‹#›
© 2018 Cengage. All rights reserved.
LO 7: Recognize what the scales of justice symbolize.
17
Law and Policy v. Discretion
Decisions
Discretion is the freedom to make judgments.
Discretion may be found throughout the criminal justice system.
One set of rules
Swift and certain
Allowances
No case is identical to another.
‹#›
© 2018 Cengage. All rights reserved.
LO 7: Recognize what the scales of justice symbolize.
18
The Criminal Justice Pendulum
Dualities
Right end
Crime control
Rigid adherence
Retribution
Left end
Due process
Discretion
Restorative justice
‹#›
© 2018 Cengage. All rights reserved.
LO 7: Recognize what the scales of justice symbolize.
19
