A WORK PLAGIARISM FREE

MCJ 6530, Critical Analysis of Criminal Justice Public Policy 1

Course Learning Outcomes for Unit I Upon completion of this unit, students should be able to:

1. Evaluate various types of public policy ideologies. 1.1 Summarize aspects of the problem-program-policy continuum. 1.2 Explore the concepts of law, policy, program, and project in criminal justice.

2. Compare and contrast internal and external influences on criminal justice public policy.

2.1 Discuss the internal and external analytical lens through which criminal justice public policy is viewed.

Course/Unit Learning Outcomes

Learning Activity

1.1 Unit Lesson Chapter 1 Unit I Essay

1.2 Chapter 1 Unit I Essay

2.1 Chapter 1 Unit I Essay

Reading Assignment Chapter 1: Introduction

Unit Lesson Introduction This course is designed to introduce certain ideas related to criminal justice public policy. Also, during this course you will be asked to assess the rationale of many topics:

 deterrence and incapacitation,

 drug policy,

 sex-offender policy,

 gang policy,

 juvenile justice policy,

 gun policy,

 mass incarceration,

 the death penalty,

 intermediate sanctions,

 white-collar offending policy,

 human trafficking,

 police policy,

 correctional treatment and rehabilitation, and

 community-based crime control.

UNIT I STUDY GUIDE

Introduction to Critical Analysis of Criminal Justice Policy

(Dudko, n.d.)

MCJ 6530, Critical Analysis of Criminal Justice Public Policy 2

UNIT x STUDY GUIDE

Title

Each of these areas has a certain history in the United States, and students will be expected to be familiar with that history to help formulate new and revised policies in their professional roles as members of the criminal justice system. Gau (2019) points out that reaching consensus on a definition of policy is a difficult task, and the author utilizes a preferred definition from the Oxford English Dictionary. Before delving into the specifics of the various criminal justice policies covered in this course, it is important to understand and differentiate between a policy, a program, a project, and of course a law or statute. Once that task is completed, you will focus on at least one methodology used to assess public policy and examine whether a current policy should be revised, if it should be a planned revision, or if it is an unplanned revision, which has its own set of disadvantages. Additionally, a seven-stage model for policy revision espoused by Welsh and Harris (2016) will be presented as an effective method of addressing criminal justice policies. Law To begin, the United States is not a democracy, it is a constitutional republic, and the U.S. Constitution and the Bills of Rights are the law of the land. While the textbook alludes to the United States being a constitutional democracy, that is, in fact, not true. The United States is a constitutional republic with representative democracy in the elections process. The constitutional republic is identified and is detailed by the fact that the United States has an executive branch (the president), a legislative branch (Congress), and a judicial branch (the court system). Americans elect their representatives through the democratic election process. New laws are created through legislative enactment and at the local, state, tribal, and federal levels. Adherence to the law is enforced through the executive branches at those same levels. The judiciary is the third branch of government that makes decisions or judgments related to the law in accordance with substantive and procedural due process and the rules of evidence. Finally, the U.S. Supreme Court is the court of last resort for disputes, and the United States has a rich history of decision-making related to the Fourth, Fifth, Sixth, Eighth, Tenth, and Fourteenth Amendments to the U.S. Constitution. U.S. law is the foundation of criminal justice policy in the United States, and as such, policies involving immigration, three- strikes laws, gun laws, and many others have a regular presence at the U.S. Supreme Court. Policy Simply stated, a policy can be understood to be a rule or set of rules that articulate an official position related to the application of decision-making on an issue, topic, or process. Policies can be fairly simple or highly complex depending on how much discretion is afforded to decision-makers and those who carry out policies such as law enforcement officers, corrections officers, and probation and parole officers, to name a few criminal justice practitioner positions. To better understand the complexity and sophistication of a policy, let’s examine for a moment the three-strikes policy that became law in many states. Three Strikes—Policy and Law There are essentially two distinct themes regarding criminal sanctions: the crime control model and the due process model (Packer, 1968). Let’s begin by using the policy and law of three strikes. If we take the first sentence to be true (that there are essentially two distinct themes regarding criminal sanctions—the crime control model and the due process model), then the next step is to assess the rationale of the criminal law that relies on three notions: offense, guilt, and punishment (Packer, 1968). In this introduction, we will jump forward with two preliminary questions, and then come back to the essential questions. Do we criminalize too many actions, behaviors, or situations? The next question is do we incarcerate too many people for non-violent offenses. While you think about those, let’s refer to Packer. The three concepts of offense, guilt, and punishment, as established by the state legislature or Congress, can be viewed as substantive and procedural, in this instance substantive. Thus, a policy maker or committee examining three strikes might examine the following questions.

 What conduct should be deemed as criminal?

 What judgments must be made before a person can be found to have committed a criminal offense?

 What should be done with persons who are found to have committed criminal offenses?

 What crimes should be considered as eligibility for three strikes to be applied (Packer, 1968)?

MCJ 6530, Critical Analysis of Criminal Justice Public Policy 3

UNIT x STUDY GUIDE

Title

These three questions must be viewed in the United States through a kaleidoscope or mixture of tests: actus reus, mens rea, and concurrence—in other words, the act, the intent, and the coexistence of both at the exact time. Once that has been determined, U.S. justice provides for defenses to what is otherwise known as criminal conduct. Taking all this into consideration, is the three strikes policy that is in place in many states successful? Is the policy too harsh? Did their action warrant the first step? Is the process utilitarian in its implementation, and is the purpose of punishment to inflict the necessary harm to change anti-social behavior? Are these elements met, and has this policy been successful? Let’s assume for a moment that someone (male, 23 years old) has been arrested, charged, and convicted of shoplifting (over $500.00); two years later at 25 years old, this person has been charged with shoplifting (over $500.00) again and enters a plea agreement to avoid jail. Finally, for his 29th birthday, this person is in a restaurant with his wife and young child who is seated in a high chair when someone passing by accidentally bumps the high chair, which nearly tips over, scaring the young child. The twice-convicted man jumps up, grabs the child from tipping over, and then assaults the person who accidentally bumped the chair. Police officers arrive, take statements from everyone, and decide to arrest the father who assaulted the other man, hurting him badly. Do you believe this man, twice convicted, should go to jail if convicted under the three- strikes law in effect in his state? Taking this example one step further, let’s take a look at the concept of a program. Programs Programs are services designed toward satisfying specific goals and objectives. Further, programs are designed toward specific people, groups, organizations, and communities. By design, programs could involve certain things:

 driving school for those convicted of driving while intoxicated/impaired,

 anger management, or

 boot camps as an alternative to long-term incarceration. Using the example above, should the father who assaulted the other man be sent to jail or made to pay any medical expenses or fines and enter an anger management course rather than incarceration? As a matter of law and policy, should the district attorney and the judge have the discretion to even consider this option? As you can see, policies are complex and include more than just an alleged offender; policies impact people, agencies, organizations, and the community. Projects Let’s now consider projects. Projects focus on singular needs, problems, or issues for people, agencies, organizations, and groups. To understand the continuum of problem-program-policy, we can use a current hot topic: prison overcrowding. The problem is overcrowding; a program could be the previously mentioned boot camps, and the policy, which incorporates the boot camp program, is part of a federal crime bill. Often, projects are short-term services, but depending upon the success or failure of a specific project, it could be extended and become a policy. Establishing a policy requires the foundations of law to prescribe the necessary authorizations, financing, and goals and objectives. The Influence of the Courts Gau (2019) relates that historically the courts have played a role in making law and influencing or creating public policy. The reason is not always that the court is an activist court but sometimes because there are Constitutional questions that arise from vaguely worded legislation. Often, state legislatures and Congress enact vague legislation intentionally to provide wiggle-room or latitude and discretion, but also, members of a legislature and Congress cannot possibly anticipate every circumstance and incident related to the legislation they draft and enact.

MCJ 6530, Critical Analysis of Criminal Justice Public Policy 4

UNIT x STUDY GUIDE

Title

At other times, wars are fought, laws are passed, the U.S. Supreme Court renders a decision, as they did in Dred Scott v. Sandford (1857). The Dred Scott v. Sandford decision was made null and void by the Thirteenth Amendment (ratified on December 6, 1865) and then, the Fourteenth Amendment (ratified on July 9, 1868) of the U.S. Constitution. Congress enacted both those amendments which nullified the decision and comments by Justice Roger B. Taney in the Dred Scott v. Sanford (1857) decision. Some of the U.S. Supreme Court decisions are important and will discussed later in the course.

 Weeks v. United States (1914)

 Mapp v. Ohio (1961)

 Terry v. Ohio (1968)

 Brown v. Board of Education (1954)

 Escobedo v. Illinois (1964)

 Dickerson v. United States (2000)

 Gideon v. Wainwright (1963)

 Graham v. Connor (1989) There are many other cases that have had a profound impact on criminal justice policies in the United States. Cases not yet determined by the U.S. Supreme Court will also have a profound impact on policies such as immigration, abortion rights, and other important issues. Conclusion Without question, public policy in the United States is complex, especially regarding the Fourth, Fifth, Sixth, Eighth, Tenth, and Fourteenth Amendments to the U.S. Constitution. Our challenge as we navigate the next seven units is to ensure that we can identify a problem by examining a policy, project, or program and debating how best to implement those suggestions. We can accomplish this by first examining an existing problem, establishing goals and objectives, and drafting a program or policy. We will then create an action plan to implement the policy, project, or program; set goals and objectives for monitoring the implemented policy, project, or program; and evaluate the outcomes. Finally, we will reassess what has been done and review it.

References

Dred Scott v. Sandford, 60 U.S. 393 (1857). Dudko, O. (n.d.). Criminal (ID 118207839) [Photograph]. Retrieved from

https://www.dreamstime.com/criminal-justice-day-education-gavel-law-library-criminal- image118207839

Gau, J. M. (2019). Criminal justice policy: Origins and effectiveness. New York, NY: Oxford University Press. Packer, H. L. (1968). The limits of the criminal sanction. Stanford, CA: Stanford University Press. U.S. Const. amend. XIII. U.S. Const. amend. XIV. Welsh, W. N., & Harris, P. W. (2016). Criminal justice policy and planning: Planned change (5th ed.). New

York, NY: Taylor & Francis.