The Criminal Justice System
Police
Courts
Corrections
1
The Criminal Justice System
Police
• Gate
Keepers
Courts
• Seeking
Truth
Corrections
• Carrying
out the
sentence
2
Role of the Police
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Maintain order
Investigation and Arrest
Provide emergency service
“GATE KEEPERS”
3
Role of the Courts
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To seek truth &
obtain justice
To adjudicate &
sentence
Different courts:

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Misdemeanor
Felony
Appellate
4
Corrections

Carrying out the Sentence
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Probation
Intermediate Sanctions
Prisons
Post-Release Supervision
What
does corrections
correct?
5
Juvenile Justice System


Separate System
since roughly 1900
Delinquents

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Juveniles who Commit
Crime
Status Offenders

Truants, runaways,
incorrigible youth
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Law to Regulate CJS Actors
Procedural Law
•
Controls the actions of
people who work in the
criminal justice system.
•
Defines the rights of
criminal defendants.
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The POLICE
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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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Precursors to Modern Police
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Earliest forms of Policing Date to at least 9th
Century
England
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Pledge system
Hundreds “constable”
Shires  “shire reeve”
Night Watchmen
Justice of Peace
9
Early American Law Enforcement
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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
10
The Birth of Modern Policing

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

11
th
20
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Century American Policing
Political Era
Professional Era
Community Policing Era
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Political Era
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Development of police agencies
prompted by mob violence.

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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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Political Era II

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

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Control the rising number of foreign immigrants

Brutality common (“Delegated Vigilantism”)
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Professional Era
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Civil Service development
Technology
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Telegraph boxes, motorcycles, cars, radios,
computers, in-dash 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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Turmoil of the 1960s/70s

“Professional” image takes a beating

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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 ineffective
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The “Community Policing Era”

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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Federal Law Enforcement
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Department of Justice
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U.S. Marshalls
FBI
DEA (Drug enforcement)
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 FBI
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

19
Career Issue

What I hear

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“I want to be a federal law enforcement agent
(FBI, Marshal), but not a city cop”
Reality
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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)
20
Between Federal and Municipal

County Law Enforcement
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Sheriffs Office
Responsible for policing non-city areas
State Police
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Every state but Hawaii
Power/function depends upon strength of Sheriff
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Traffic enforcement with Separate “BCA”
Full police jurisdiction over non-municipal areas
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Metropolitan (city) police

Large variation in size

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New York City = 36,000 officers
Average city = 50 or fewer officers
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Duluth PD = 150 officers + 30 Staff
Police Departments are typically their own
political entity

BUT, chief is appointed by mayor
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Functions of the Police
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Law enforcement
Order maintenance
Service
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Law Enforcement
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PATROL
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Since beginning, police have “patrolled a beat”
Purpose is to DETER crime
KC Preventative Patrol
Directed Patrols or Saturation Patrols
Investigation

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Proactive vs. Reactive
Effectiveness?
24
Investigation
Clearance Rate
90%
80%
70%
60%

50%
40%
30%

20%
10%
0%
Named Suspect
Critical = information at
crime scene
Bulk of time is spent on
reports
Unnamed Suspect
25
Career Issues

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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The “Other” police functions
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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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What Should Police be Doing?

Traditional Legalistic Model
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Patrol and respond to calls
Still viewed as “real police work” by many
agencies and officers
New models since the 1980s

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“Community Oriented Policing”
Broken windows / order maintenance
Problem Oriented Policing
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Community Oriented Policing

A policy implication of social disorganization
theory

Focus on neighborhood and linking together
informal control with formal (police) control

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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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Problem Oriented Policing
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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

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Open air drug markets, gang violence
30
Order Maintenance/Broken Windows

Wilson and Kelling
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The “Broken Windows Thesis”
Implication of “broken windows for policing?”

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Aggressive Order Maintenance
New York City  “zero tolerance”
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Times Square
Clear out panhandlers, squeegee men, prostitutes
31
Intelligence Led Policing
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Roots in Kansas City Preventative Patrol, and
Minneapolis Domestic Violence experiments
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
32
Effectiveness of C.O.P. or Problem
Orientated Policing

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

33
Police and the Rule of Law
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Procedural Laws in Policing
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Search and Seizure
Miranda rights
Police Use of Force
34
Fourth Amendment
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.
35
Search and Seizure

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In order to search people, cars, or homes,
police generally need a warrant
Exceptions
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Incident to Arrest
“Stop and Frisk”
Automobile Search
Consent Search
“Plain View”
36
Exclusionary Rule
• 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)
37
Fifth Amendment
• Focuses on admissibility of illegally
obtained confessions and selfincrimination
• Contains “due process” for Federal
Government
• “Miranda Rights’
• You have the right to remain silent…
• Whether necessary depends on
custody status
• In MN, waiver must be recorded
38
The use of Deadly Force
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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
39
Non-Lethal Police Use of Force

Coercive Force is a Part of Policing

How much force is necessary in a situation?

Wrongful Use vs. Disproportionate Use
40