The Criminal Justice System
Police Courts Corrections
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Police
• Gate
Keepers
Courts
• Seeking
Truth
Corrections
• Carrying out the sentence
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 Maintain order
 Investigation and Arrest


Provide emergency service
“GATE KEEPERS”
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


To seek truth & obtain justice
To adjudicate & sentence
Different courts:

Misdemeanor


Felony
Appellate
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 Carrying out the Sentence


Probation
Intermediate Sanctions


Prisons
Post-Release Supervision
What does corrections correct?
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 Separate System since roughly 1900
 Delinquents

Juveniles who Commit
Crime
 Status Offenders

Truants, runaways, incorrigible youth
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•
•
Procedural Law
Controls the actions of people who work in the criminal justice system.
Defines the rights of criminal defendants.
Jude Law
 Actor in such films as
“Gattica,” “Sherlock
Holmes,” and “Cold
Mountain.”
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 Precursors to Modern Police
 The Development of Modern Police
 Current Law Enforcement in the U.S.
 Functions of Police
 Issues and Controversies in Policing
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 Earliest forms of Policing Date to at least 9 th
Century
 England


Pledge system
Hundreds  “constable”

Shires  “shire reeve”

Night Watchmen

Justice of Peace
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 Followed the English Model
 County Sheriff most prominent

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Many duties
Paid by a “fee system”
 Nights Watch, marshals in some cities

“Wild West” period  Vigilantism
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 England, 1829

Sir Robert Peel  Metropolitan
London Police force of 1,000 officers

“Bobbies”

Distinctive uniforms, military structure

Alternative to the use of military to suppress the “dangerous classes” that created disorder in English cities
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th
 Political Era
 Professional Era
 Community Policing Era
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 Development of police agencies prompted by mob violence.

Fear of “underclass” by wealthy

Fear of urban street crime by public.
 First Police Department opened in Boston in 1838

First full time = New York City
(1844)
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 Police were incompetent, disliked and corrupt.

Appointed by politicians (patronage system)


Muscle for reigning political powers/capitalist elites
Created and/or used to crush labor “strikes”
 No job security

Control the rising number of foreign immigrants

Brutality common (“Delegated Vigilantism”)
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 Civil Service development
 Technology

Telegraph boxes, motorcycles, cars, radios, computers, indash cameras…

More control of uniformed patrol, but less informal interaction with citizens
 Reform movements

August Vollmer
 College degrees, better pay, more citizen respect, etc.
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
“Professional” image takes a beating


Response to civil rights, Viet Nam protests, etc
Socially conservative police as “disconnected” from a rapidly changing society
 Government reports + Science

Police as poorly trained and innefective
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 1980s – 2000s = Innovation
 Get law enforcers back into the community
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
Problem Solving
“Broken Windows” (1982) and Order Maintenance

More technology
 GIS, on-demand statistics
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 Department of Justice

U.S. Marshalls

FBI
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DEA (Drug enforcement)
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ATF (Alcohol, tobacco, and firearms)
 DHS (Homeland security)
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USBP (Border Patrol)

Secret Service

ICE (Immigration and Customs enforcement)
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 The Mann Act  investigators to enforce
 Eventually, organized as FBI under Hoover
 Responsible for investigating all violations of federal laws that are not covered by other agencies

Bank Robberies

Civil Rights Violations

Many “white collar” crimes
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 What I hear

“I want to be a federal law enforcement agent
(FBI, Marshal), but not a city cop”
 Reality

The FBI hires mostly people with some law enforcement and/or military background.

The FBI seeks those with accounting, computer, and law backgrounds

Best bet may be to enter the federal system wherever possible (Border Patrol)
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 County Law Enforcement

Sheriffs Office

Responsible for policing non-city areas
 State Police

Every state but Hawaii

Power/function depends upon strength of Sheriff

Traffic enforcement with Separate “BCA”
 Full police jurisdiction over non-municipal areas
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 Large variation in size

New York City = 36,000 officers

Average city = 50 or fewer officers
 Duluth PD = 150 officers + 30 Staff
 Police Departments are typically their own political entity

BUT, chief is appointed by mayor
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 Law enforcement
 Order maintenance
 Service
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 PATROL

Since beginning, police have “patrolled a beat”

Purpose is to DETER crime
 KC Preventative Patrol

Directed Patrols or Saturation Patrols
 Investigation

Proactive vs. Reactive

Effectiveness?
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Clearance Rate
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Named Suspect Unnamed Suspect


Critical = information at crime scene
Bulk of time is spent on reports
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 What I hear:

“I’d like to be a homicide (or violent crime) detective, but I don’t want to be just a patrol officer.”
 Reality

Pretty much all detectives start out as uniformed patrol officers. Why would an agency hire a college graduate with no law enforcement experience as a detective?
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Traffic Control
“Social Work Activities”

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Order maintenance, problem solving
James Q Wilson “Handling the Situation”
THE IRONY is that within police departments, the social work function is often considered “bullshit work”

Only 20% of police time involves “real police work”
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 Traditional Legalistic Model

Patrol and respond to calls

Still viewed as “real police work” by many agencies and officers
 New models since the 1980s

“Community Oriented Policing”

Broken windows / order maintenance

Problem Oriented Policing
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 A policy implication of social disorganization theory

Focus on neighborhood and linking together informal control with formal (police) control
 Build cohesion, get to know people in neighborhood, help citizens solve neighborhood problems
 Examples of policy

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Foot Patrols
Community “Sub-stations”
COP Officers Assigned to Neighborhoods
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

Herman Goldstein coined this term.
Similar to C.O.P.  Police should “solve problems” in a particular neighborhood.
 Different = More aggressive


Crime Specific “Crackdowns,” Targeting Crime
“Hot spots”
Focused Deterrence (“Don’t Shoot” stuff) fits with this style
 Open air drug markets, gang violence
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

Wilson and Kelling

The “Broken Windows Thesis”
Implication of “broken windows for policing?”

Order Maintenance

New York City  “zero tolerance”
 Times Square
 Clear out panhandlers, squeegee men, prostitutes
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 Roots in Kansas City Preventative Patrol, and
Minneapolis Domestic Violence experiemnts


Use scientific evidence to direct police
New York  CompStat
 Use of GIS
 David Kennedy and others

Use of Universities to collect and analyze data on offenders/gangs
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 Effectiveness Depends
 Some C.O.P. programs have improved community relations and reduced fear of crime.
 Some Problem Oriented Policing programs have suppressed/reduced crime in certain locations.

“Don’t Shoot” Boston Gun Project
 Order Maintenance crackdowns have strained community-police relations in some areas
 Amadou Diallo shooting and other high-profile cases
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 Procedural Laws in Policing

Miranda rights

Search and Seizure

Police Use of Force
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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.
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 In order to search people, cars, or homes, police generally need a warrant
 Exceptions


Incident to Arrest
“Stop and Frisk”
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Automobile Search
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Consent Search

“Plain View”
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• The exclusionary rule is not in the
Constitution. It is the product of the
United State Supreme Court
•Weeks v. U.S. (1914)
•Mapp v. Ohio (1961)
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• Focuses on admissibility of illegally obtained confessions and self-incrimination
• Contains “due process” for
Federal Government
• “Miranda Rights’
• You have the right to remain silent…
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 Coercive Force is a Part of Policing
 How much force is necessary in a situation?
 Wrongful Use vs. Disproportionate Use
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
Tennessee v. Garner (1985)
“Fleeing Felon”

Trend of police killings (and killings of police) have been downward

Most department have guidelines for when police may discharge firearm
 Review boards for firearm discharge + administrative leave
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 Use of Discretion

Police only arrest a small % of all suspects…which ones?
 Police Subcultures


Police personality vs. stress of job
Police corruption and “professional courtesy”
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