Criminal Justice Exam #2

What did Wilson and Kelling argue the police should work more on in the article "Broken Windows"?

"Broken Windows" Theory: Human disorder and social disorder create judgement about areas, leads to withdrawal from the area, leads to opportunities for crime. Three assumptions: Neighborhood disorder creates fear. Areas with street people, youth gangs, prostitution, and public drunkenness are high crime areas. Untended disorderly behavior is sign community doesn't care, leads to worse disorder and crime. To reduce fear and crime, must rely on community for assistance. Broken windows argued the police should work more on little problems such as maintaining order, providing services to those in need, and adopting strategies to reduce fear of crime.

Know what Amendment the "stop-and-frisk" came from.

"Stop and frisk" comes from the Fourth Amendment, as the SC ruled in Terry v. Ohio that seizures short of arrest could be "reasonable" under the 4th Amendment.

Know what Merit selection is.

A reform plan by which judges are nominated by a commission and appointed by the governor for a given period. When the term expires, the voters are asked to approve or disapprove of the judge for a succeeding term. If the judge is disapproved, the committee nominates a successor for the governor's appointment. First used in Missouri in 1940 and has since spread to other states. After one year, referendum held to decide whether judge will stay on the bench.

Know the responsibilities of the different roles a judge can take on (Adjudicator, Administrator, Negotiator, Electoral Candidate).

Adjudicator: Neutral stance between prosecution and defense, apply law to uphold the rights of the accused in detention, plea, trial, and sentence. Judges have some discretion but mostly follow the law to avoid bias. Negotiator: In judge's private chambers, negotiations about plea bargaining, sentencing, and bail occur. Judges encourage parties to work out an agreement, judge acts as referee to keep sides on track with the law. Administrator: Manages the courthouse. In urban areas, professional administrators rather than judges keep the system functioning. Even then, judges are in charge of their courtroom and staff. In rural areas, judges have responsibility for labor relations, budgeting, and managing courthouse. Judges also deal with political actors. Many observers argue fourth role of judges is "problem solving": Judges must make decisions on psychology and social work in problem solving courts.

Know what the tests required of police officers are.

All agencies require recruits to pass physical fitness tests and check for criminal records. Agencies increasingly require recruits to undergo psychological evaluations.

Know what the operational units of police departments are.

All but the smallest departments assign officers to operational units. Operational units focus on specific functions: patrol, investigation, traffic, vice, and juvenile. Units perform the basic tasks of crime prevention and control. Patrol and investigation are core of modern department. Extent to which departments create specialized units may depend on size of city and its police force.

Know why a local court would want to implement centralized court administration.

American trial courts are highly decentralized, local politics and community values affect courts (local officials determine resources, residents make up staff, operations fit community needs). Federal courts have centralized administration and funding. Centralized court administration leads to dignity, formal procedures, and detailed accounts of proceedings. Informality of decentralized courts bothers the public, who expect their local courts to adhere to standards that reflect American values of justice. People have a lack of confidence in this type of justice system. Decentralized courts have inadequate resources and an uneven quality of judges. Lack professional court administrators with expertise and training. Fragmented structure of state courts is seen as the biggest barrier to justice. Centralization would promote efficiency and fairness in state courts. Prevents political party in power from using their position to elect people they want.

Know the definition of arraignment.

Arraignment: Usually the first formal meeting between prosecutor and defense attorney. The formal court appearance of an accused person in which charges are read and the accused, advised by a lawyer, pleads guilty or not guilty. - At arraignment, prosecutor evaluates evidence. If evidence is weak, charges may be dropped.

Know the factors in a judge's determination of the bail amount.

Bail is based on the seriousness of the crime, defendant's record, and the recommendations of the prosecutor. Comes from interactions among the judge, prosecutor, and defense attorney, who discuss the defendant's personal qualities and prior record. Prosecutor may stress the seriousness of the crime, the defendant's record, and negative personal characteristics.

Know when [studies claim] police are less likely to intervene in a domestic violence case that pertains to a wife being victimized by her husband.

Before 1970, most CJ agencies thought domestic violence was a private affair and thought police involvement would make the situation worse for the victim by raising the possibility of reprisal (retaliation). Victims often refused to cooperate with prosecution and entering the home was thought to be more dangerous than investigating "real" crimes. Research has discovered domestic violence cases are no more dangerous to officers than other incidents. Despite laws, guidelines, and training, the discretion of the officer inevitably determines what actions will be taken. Just as budget cuts that reduce police resources may lead to diminished enforcement of domestic violence laws, budget reductions reduce prosecutors' attention to domestic violence. They weren't arresting husbands when they beat their wives.

Know what the "Broken Windows" theory of crime is.

Broken Windows Theory: An influential theory about increases in fear and crime within neighborhoods when there is insufficient police attention to seemingly minor public order offenses such as vandalism, loitering, egressing panhandling, and prostitution. Police should focus on minor, public order crimes to reduce fear of crime as well as crime itself.

Know what is considered a "special population".

City streets and urban areas have a complex population of "problem" people. Includes growing number of people suffering from mental illness, homelessness, alcoholism, drug addiction, or serious medical conditions. Also may find youth runaways or victims of neglect. The presence of "problem" people disturbs fellow citizens and contributes to fear of crime and disorder.

Understand the idea of crime prevention.

Claims that police can't control crime and disorder on their own. Social control involves all members of the community. When government agencies and neighborhood organizations cooperate, community crime prevention can improve. Utillizes Citizen crime-watch groups (like Neighborhood Watch) Crime Stoppers Program: enlists public help in solving crimes.

Know the definition of "clearance rate".

Clearance rate: The percentage rate of crimes known to the police that they believe they have solved through an arrest; a statistic used to measure a police department's productivity. In reactive situations, this rate is low. Burglarly clearance rate: 13%. Violent offense clearance rate: 47%. In proactive situations, clearance rate is essentially 100%.

Know the factors of police discretion.

Five Factors: The nature of the crime (the less serious a crime is to the public, the more freedom officers have to ignore it). The relationship between the alleged criminal and the victim (the closer the personal relationship, the more variable use of discretion). The relationship between the police and the criminal or the victim (polite complainant taken more seriously, disrespectful suspect more likely to be arrested). Race/ethnicity, age, gender, class (officers more likely to strictly enforce law against young, minority, poor men). Departmental policy

Know the components of community policing.

Four components: Community-based crime prevention Changing the focus of patrol activities to nonemergency services. Making the police more accountable to the public. Including residents in decision making.

Know the key factors for solving crimes.

Identification of perpetrator by victim or witness.Process of investigation: When a serious crime occurs and suspect is identified and caught quickly, detective prepares case to be presented to prosecuting attorney. When suspect is identified but not caught, detective tries to locate them. When offender is not identified but there is more than one suspect, detective conducts investigations to determine which one committed crime. When no suspect, detective starts from scratch to determine which one committed crime. Process of catching a suspect has three stages: Detection of a crime Preliminary investigation Follow-up investigation (Potential fourth step) Clearance and arrest (Page 270) Identification of perpetrator by victim or witness.

Know whether or not officers NEED a search warrant, even if a person waives their 4th Amendment rights.

If people consent to a search, officers do not need probable cause or any level of suspicion to justify the search. Consent absolves law enforcement officers of any risk that evidence will be excluded from use at trial or there will be a lawsuit regarding violation of fourth amendment rights. Many citizens don't realize they have the option to say no during a search. U.S. v. Drayton (2002): Police officers are not required to inform people of their right to decline when police ask for consent to search.

Know the definition of "incident-driven" policing.

Incident-driven policing: A reactive approach to policing emphasizing a quick response to calls for service.

Be able to describe the method of judicial nonpartisan elections.

Judicial nonpartisan election: An election in which candidates' party affiliation is not listed on the ballot.

Know what Amendment "many police actions" fall under.

Many police actions fall under the 4th Amendment because they involve searches, seizures, and warrants.

Know the "Mapp v Ohio", "Terry v Ohio", "Chimel v California", and "Miranda v Arizona" cases.

Mapp v. Ohio (1961): Evidence obtained through illegal searches by state and local police must be excluded from use in a trial. Terry v. Ohio (1968): Supreme Court decision endorsing police authority to stop and frisk suspects on street when there is reasonable suspicion that they are armed and involved in criminal activity. Seizures short of arrest are reasonable and suspects are not free to leave until no weapons are found. Chimel v. California (1969): Endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested. Ensures arrestee doesn't have a weapon and avoids destruction of incriminating evidence prior/during transport to jail. Can do a quick sweep of areas arrestee was, not an extensive search. Miranda v. Arizona (1966): Before questioning a suspect held in custody, the police must inform the right to remain silent and right to have an attorney present. Based on the fifth amendment. People in custody must be told before questioning of their (1) right to remain silent, (2) their statement can and will be used against them in court, (3) right to an attorney present during interrogation or to consult attorney, (4) if can't afford attorney, one will be assigned.

Know what the Miranda Warnings consist of (what is stated in the warnings).

Miranda warnings: Right to remain silent If one decides to make a statement, it can and will be used against them in court. They have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney. If they can't afford an attorney, the state will provide one.

Know what most felony arrests are decided by.

Most felony arrests are decided by a guilty plea.

Know what police are characterized by.

Most police agencies are organized in a military manner with a structure of ranks and responsibilities. As bureaucracies, police are characterized by a division of labor, a chain of command with clear lines of authority, and rules/procedures to guide the activities of staff. Characterized by fragmentation and local orientation.

Know what a "motion" is.

Motion: An application to a court requesting an order be issued to bring about specified action. Defense may try to suppress evidence, learn about a prosecutor's case, or prosecutor can make motions. Defense attorney must be able to support claim about improper procedures, insufficiency of evidence, or need for exclusion.

Know what the "Plain View", "Public Safety", "Exigent Circumstances", and "Stop-and-Frisk" doctrines are.

Plain View: Established in Coolidge v. New Hampshire (1971). Officers may examine and use as evidence, without a warrant, contraband or evidence in open view at location where they are legally permitted to be. Public Safety: When public safety is in jeopardy, police may question subject without issuing their Miranda warnings. Created from New York v. Quarles (1984). Exigent Circumstances: When there is a threat to public safety or risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure. Warden v. Hayden (1967) and Kentucky v. King (2011). Stop and Frisk: Limited search approved by the Supreme Court in Terry v. Ohio that permits officers to pat down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity. - When a police officers observes unusual conduct which leads him to conclude from experience that criminal activity may be afoot and person is armed and dangerous, where in course of investigating behavior identifies himself as policeman and makes reasonable inquiries, nothing dispels his reasonable fear for safety, he is entitled to limited search of outer clothing to discover weapons.

Understand what reactive police work entails.

Police are mainly reactive, meaning they act in response to citizen calls for service. 81% of actions results from citizen phone calls. 5% of police work from citizens who approach an officer. Only 14% of police work from officers in the field.

Understand what CompStat is and what it's used for.

Precinct commanders must explain the results of their efforts to reduce crime in twice-weekly briefings before their peers and senior executives. In the CompStat approach, they are held responsible for the success of crime control efforts in their precincts as indicated by crime statistics. Require timely, accurate information. Data-driven policing underlying CompStat has led to major reductions in crimes and has brought changes to police operations and questions on how police work should be measured. May move departments away rom community policing by emphasizing accountability and control, could create incentives to avoid reporting crime data accurately.

Understand the concept of preventative patrol.

Preventative Patrol: Making the police presence known in order to deter crime and to make officers available to respond quickly to calls. Helps win trust in patrolled neighborhoods if handled well. - Kansas City Preventative Patrol Experiment proved that preventative patrol had no major effects on (1) the amount of crime reported, (2) the amount of crime as measured by citizen surveys, (3) citizens' fear of crime.

Understand what valid criticism of the use of preventative detention would be. Come up with an example.

Preventative detention: Holding a defendant for trial, based on judge's finding that, if the defendant were released on bail, he or she would endanger another person or the community. Liberty for individuals is denied when presumptively innocent people remain in jail. Critics argue that it violates the Constitution's due process clause because the accused remains in custody until a verdict is rendered.

Know the definition of proactive strategy to combat crime and be able to state an example.

Proactive: Acting in anticipation, such as an active search for potential offenders that is initiated by the police without waiting for a crime to be reported. Arrests for victimless crimes are usually proactive. Proactive police work is initiating actions in the absence of citizen requests. -Surveillance and undercover work are examples of proactive policing (such as pretending to be a prostitute or drug dealer).

Know what type of a crime loitering is.

Quality of life crime

Know what a "release on recognizance" is.

Release on recognizance: Pioneered in the 1960s by Vera Institute of Justice in NYC, it is pretrial release granted on defendant's promise to appear in court because the judge believes defendant's ties in community guarantee they will reappear.

Know the elements of the model of professional policing.

Six elements of professional policing: The force should stay out of politics Members should be well-trained, well-disciplined, and tightly organized. Laws should be enforced equally. The force should use new technology Personnel procedures should be based on merit. Main task of the police should be fighting crime (Focus taken off of public service).

Know the definition of socialization.

Socialization: The process by which the rules, symbols, and values of a group or subculture are learned by its members. Members learn symbols, beliefs, and values of a group or subculture. Includes learning informal rather than rule-book ways of law enforcement.

Know the definitions of stop, search, arrest, and interrogation.

Stop: When seizure is brief, it is called a stop. This is a government officials' interference with an individual's freedom of movement for a duration that lasts for a limited number of minutes and rarely exceeds an hour. -Stops must be justified by reasonable suspicion (a police officer's belief, based on articulable facts, that criminal activity is taking place, so intrusion on individual's reasonable expectation of privacy is necessary). Search: Defined by the Supreme Court as an officials' examination of and hunt for evidence in or on a person/place in a manner that intrudes on reasonable expectations of privacy. Arrest: Significant deprivation of liberty because a person is taken into police custody, transported to station/jail, and processed into the criminal justice system. All arrests must be supported by probable cause (reliable information indicating that evidence will be found in specific location or a person is guilty of a crime). Interrogation: Formal or repetitive questioning. Most often, questioning done by the police of someone arrested or suspected of a crime. When an interrogation occurs while in police custody, it is referred to as a custodial interrogation.

Know what system of justice the US judicial system operates on.

The US has a dual court system (federal and state court systems). State courts are generally decentralized. Adversarial System: The basis of the American legal system in which a passive judge and jury seek to find the truth by listening to opposing attorneys who vigorously advocate on behalf of their respective sides.

Know what function a police officer is carrying out if they provide first aid or rescue an animal.

The police are performing the service function (the police function of providing assistance to the public, usually in matters unrelated to crime). Other functions of the police are order maintenance and law enforcement.

Know who has the most discretion regarding how a law is applied or interpreted on the scene.

The police have the most discretion on how a law is applied and interpreted on the scene. Police have the power to deprive people of their liberty (arrest, take into custody, and use force to control people). They are expected to exercise discretion to make choices in ambiguous situations when applying the law. Patrol officers have the most discretion.

Know what the political era of policing is characterized by.

The political era (1840-1920) was characterized by ties between the police and political leaders. The relationship involved bribing and mutual benefits. During the political era, the officer on a neighborhood beat not only dealt with crime but performed various social services. The chief headed the department, the city was divided into precincts with patrolmen and foot patrols. One of the first official positions in the rural West was the sheriff (elected).

Know what Amendment the "right to remain silent" is contained in.

The right to remain silent is found in the 5th Amendment and is explicitly directed for police officers to tell offenders in Miranda.

Know the definition of a subculture.

The symbols, beliefs, and values shared by members of a subgroup of the larger society.

Understand what the purpose of allowing searches after lawful arrests is.

This ensures that arrestee doesn't have a weapon and avoids the destruction of incriminating evidence prior/during transport to jail. Preserves and protects the safety of the officer and the public.

Know the two elements of police work that define the working personality.

Threat of danger: Officers are aware of people's behavior that may indicate violence. During socialization, officers are warned to be suspicious and cautious. Need to establish and maintain authority: Officer's demeanor and behavior determine if people will defer to them.

Know the key elements of the police subculture.

Three issues are key to understanding the police subculture: The Working Personality: A set of emotional and behavioral characteristics developed by a member of an occupational group in response to the work situation and environmental influences. Two elements of the working personality are the threat of danger and the need to establish and maintain one's authority. Police Isolation: Police officers' isolation from public may increase when they belief public is hostile toward them, increases their desire to use force. Made worse because officers interact with the public in times of conflict, emotion, and crisis. Job Stress: Stemming from danger and authority elements, stress impacts the treatment of citizens, each other, and health. Four kinds of stress are organizational stress, personal stress, operational stress, and external stress.

Know what a strategy for addressing domestic violence is.

Today, most large departments and police academies have programs to educate officers about domestic violence. Mandatory arrest policies: Two dozen states require arrest without warrant of suspects in violent incidents in past 24 hours, even if officer didn't witness crime but has probable cause to believe suspect committed it. Rates of victimization are lower in cities with more police officers and social service workers per capita.

Be able to list the three levels of state courts in the correct order.

Trial courts of limited jurisdiction -> trial courts of general jurisdiction -> appellate courts. Cases begin in trial court, determines guilt and sentencing. Trial courts of limited jurisdiction: Handle only misdemeanors and lawsuits involving small amounts of money. Prelim matters in felony cases. Sometimes hold felony trials with penalties below specified limit. Trial courts of general jurisdiction: Jurisdiction over all offenses, including felonies. Jury trials take place and judges impose prison sentences. Appellate courts: do not try criminal cases, hear appeals of decisions in lower courts.

Know which trial court handles only misdemeanors and lawsuits involving small amounts of money.

Trial courts of limited jurisdiction handle only misdemeanors and lawsuits involving small amounts of money.