JUST 4500 - Exam 1
Excessive Force
"The application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject" For force to be justified and appropriate, it must be "reasonable" and "necessary" Police use force in about 1.9% of their more than 40 million citizen encounters each year - Only 8% of these cases involved excessive force
Three Main Phases of Policing
1.) The Political Era (1820's - 1940's) 2.) The Professional Era (1940-1970) 3.) The Community Policing Era (1970-2010)
Program
An organized, planned, and usually ongoing effort designed to ameliorate a social problem or improve social conditions
Demand-Side Interventions
Increase the costs of illegally using firearms
Individuals who meet any of the following are not allowed a firearm:
Is under indictment for, or has been convicted of, a crime punishable by imprisonment for more than 1 year Is a fugitive from justice Is an unlawful user of, or addicted to, a controlled substance Has been adjudicated as a mental defective or committed to a mental institution Page 5 of 10 Is an illegal alien or has been admitted to the United States under a nonimmigrant visa Was dishonorably discharged from the U.S. Armed Forces Has renounced U.S. citizenship Is subject to a court order restraining him or her from harassing, stalking, or threatening an intimate partner or child Has been convicted of a misdemeanor crime of domestic violence Is under age 18 for long guns or under age 21 for handguns.
Where were SWAT Teams first formed?
LA
Influences on the use of Force
Local, state, and federal laws Departmental policies Training Police practices Characteristics of individual officers
Goal of the Flawed Criminal Justice Policies Textbook
Not just to identity problems with existing policies, but also explore potential solutions to problematic policies
Flawed Policy
One which does not produce the desired effect intended by the policy and produces unintended consequences that work against the intended goals of the policy Policies with flaws are not necessarily all bad, they just may need to be improved
Public Policy
Policy undertaken by government or government sanctioned institutions Example: - Part of the US Foreign Policy is nuclear non-proliferation
Supply-Side Interventions
Reduce # of firearms in a jurisdiction, restrict access
Scientific Evidence
Research that is objective, replicable, and generalizable
The debate over the control and regulation of drugs has been an issue since ___________
This country has been in existence
The Gun Control Debate
Two Main Categories: 1.) Gun Control: we need greater regulation on firearms in the US - Generally supported by liberals - Operates under the assumption that gun ownership promotes criminal activity - Limits on who should possess a firearm, types of firearms, and process in purchasing them - Importantly, only a small minority of gun control advocates believe firearms should not be owned at all by private citizens. This is actually a policy of gun prohibition which some interpret as gun control and would be incorrect 2.) Gun Rights: Protect the 2nd Amendment, citizens have a right to own firearms - Generally supported by conservatives Page - Supports the idea that gun ownership prevents crime - Against regulation of firearms generally
Patrol Vehicle as a Use of Force
Typically, when use of force is discussed we focus on firearms, restraint techniques, with no consideration for the patrol vehicle The use of a patrol vehicle in high-speed pursuits is considered the use of force This becomes a major issue of litigation for many police agencies Between 1994-2002, there were 2,654 fatal crashes involving police vehicles Of the 3,146 people that have died in these crashes, 1,088 were not in the fleeing vehicle, meaning they were innocent bystanders Every police department has a policy regarding high-speed chases, many discourage officers from doing this unless absolutely necessary. Courts generally rule in favor of officers when dealing with civil or criminal cases resulting from fatal police-involved traffic accidents
Criteria for determining whether a policy is good
- Effectiveness - Externalities - Theory - Efficiency - Compliance - Equity - Intervention Effect
Other pieces of legislation have specifically been aimed at regulating different types of firearms:
- Semi-assault/assault weapons due to the publicity surrounding these events and high counts of fatalities and injuries (The majority of firearm crimes are committed with a handgun) - Firearms with high-capacity ammunition rounds - Mostly knee-jerk reaction legislation - People will always find substitutions - Still the most dangerous firearms responsible for more deaths than all other guns combined are handguns (the least regulated) More laws have been enacted to control how firearms may be used, where they may be stored, where/when they can be carried. - Legislation has not typically focused on reducing the number of gun suicides or accidental nonfatal and fatal injuries
Limitations and Concerns of Evidence-Based Policy Making
1.) Evidence can be ambiguous and inconsistent (one study might say something works, while another may say it doesn't 2.) Evidence can be complex or difficult to understand 3.) Always the possibility of bias among funders and researchers 4.) Evidence can be misused by politicians or public interest groups
Main Functions of Police
1.) Order Maintenance 2.) Public Service 3.) Law Enforcement While police view their primary function as law enforcement, much of their time is devoted to order maintenance and public service Studies suggest police spend less than 20% of their time on law enforcement duties
Four approaches to Policy Creation:
1.) Problem-Solving Approach: - Focused on devising solutions to criminal justice issues 2.) Ideologically-Based Approach: - Driven by assumptions and preconceived notions of ideologically motivated actors, often politically influenced 3.) Empirical Based Approach: - Policies that are rooted in science and research 4.) Ethically Grounded Approach: - Driven by what is "right and wrong"
The gun control debate has been raging since the _______
1920's It began as a result of prohibition and the ensuing violence, which also resulted in historic number of law enforcement officers killed feloniously
One survey of Police Departments found that blacks are ______ more likely than whites to be subjected to police use of force
3.6 times
Implementing evidence-based policy promotes ____________ and __________
Accountability; Improvement
Gun Control: Active and Mass Shootings
Active & mass shootings remain a significant concern as the FBI identified 160 active shooter incidents between 2000 and 2013 resulting in 1,043 casualties (2014). Active shooter is a term used by law enforcement to describe a situation in which a shooting is in progress and an aspect of the crime may affect the protocols used in responding to and reacting at the scene of the incident Mass killing is 3 or more killed as defined by the Investigative Assistance for Violent Crimes Act of 2012 and while a small portion of firearm related deaths, has had a much greater impact on society The findings establish an increasing frequency of incidents annually. During the first 7 years included in the study, an average of 6.4 incidents occurred annually. In the last 7 years of the study, that average increased to 16.4 incidents annually. Majority ended on the shooter's initiative— sometimes when the shooter committed suicide or stopped shooting, and other times when the shooter fled the scene In only 5 incidents (3.1%), the shooting ended after armed individuals who were not law enforcement personnel exchanged gunfire with the shooters. In these incidents, 3 shooters were killed, 1 was wounded, and 1 committed suicide Yet the actual harm from mass violence encompasses a much broader circle, including victims with non-fatal injuries and those who experience ongoing trauma and mental injury. This impact also extends to victims' families and to witnesses, first responders, medical professionals, and the larger community.
When considering the War on Drugs in the U.S., it is important to recognize that _____________ was once right in the middle of that fight, though it is legal today
Alcohol
US Drug Policy and Alcohol
Alcohol was used heavily among earlier colonial settlers, both socially and as a form of currency The tavern became a place where politicians would exchange drinks for votes In the early 1800s, reformers became concerned with the morality of excess drinking - Temperance movement led by religious groups-associated alcohol consumption with sin, evil. - By the mid-1800s, this movement was gaining momentum to the extent that this became an important political issue. - Fueled by discontent for Germans (main suppliers of alcohol at the time) following WWI By the late 1800s, concerns also started to build about other drugs (heroin, cocaine, opium), driven in part by anti-immigrant and anti-African American sentiment. President Roosevelt appointed Dr. Hamilton Wright to investigate the use of narcotics in the US in the early 1900s. - Dr. Wright fueled the prohibition movement - Prohibitionists viewed addiction as a moral disease that could be cured through punishment. - He lobbied for narcotics legislation that would regulate the distribution of narcotics by manufacturers, pharmacists, and doctors.
Statistical Analysis Center
Almost all states have these agencies that objectively collect, analyze, and disseminate justice data Only NC and Texas do not have one. The former was eliminated in 2013
Policy
An institutional arrangement that guides action Policies are not a formal decision like the passage of a law - Ex. Hotel Policy to seat important guests first Doesn't require the institution to be formal either - Ex. I have no work after 10PM policy
Reentry Clearinghouse
BJA funded initiative established by the Council of State Governments in 2012 and designed provide infomration on evidence based reentry interventions
Groups Opposed to Protecting Gun Rights
Brady Campaign, Violence Policy Center, etc.
Firearms Legislation
Central to any discussion on firearms is the 2nd Amendment right of the people to bear arms Some people believe this right should be limited, thus restrictions on carrying, owning, and using firearms have been established over the years In the 1920s & 1930s, guns were prolific, very little restriction existed. New York first state to institute restrictions on right to carry- requiring license However, with the prohibition of alcohol came the illegal alcohol trade that was accompanied by organized crime and gun violence (St. Valentine's Day massacre). Most major pieces of gun legislation follow high-profile violent incidents
Possibilities for Drug Policy Change
Decriminalization, legalization, medicalization Many states are already considering this with regard to marijuana Nearly 40% of all drug-related arrests are due to marijuana possession; racial disparities are high with whites much less likely to get arrested despite similar usage Decriminalization has been driven by the fact that people of color are more than 3x likely to be arrested by law enforcement than whites (ACLU, 2010) • - North Carolina is slightly below national average at 3.4x: arrest rates are 503 versus 149 (see pg. 168) Decriminalized in 20 states (e.g., civil infraction for majority of states, misdemeanor in a few others) Recreational use allowed in 10 states: Alaska, California, Colorado, Massachusetts, Maine, Michigan, Nevada, Oregon, Washington, and Vermont (and DC) Medical marijuana legal in 31 states (NCSL, 2017) ▪ Increasing treatment and prevention funding In 2018: Michigan passed recreational marijuana (10th state to do so) but failed in North Dakota; Utah & Missouri passed medical marijuana initiatives. Vermont became the fast to pass it via a legislative vote in 2017 but has no provisions of public sales, only individuals growing themselves. Note no North Carolina here. Internationally, we have Uruguay in 2016 and Canada in 2018 with legal recreational marijuana. Other countries have taken more liberal approaches as well as such as Mexico after a 2018 Mexico Supreme Court decision ruled the ban was unconstitutional.
Evidence-Based Policy Making
Defined: "evidence-based policy is a rigorous approach that draws on careful data collection, experimentation, and both quantitative and qualitative analysis to answer three questions: 1.)What exactly is the problem? 2.) What are the possible ways to address the problem? 3.)What are the possible impacts of each? Increased demand for research to guide policy-making. Has its origins in medicine in the mid-18th century but it wasn't until the 1970s that this movement gained footing in criminal justice For the 2014 budget process, the Office of Management and Budget issued a memorandum that: "advised agencies to include information about how they plan to evaluate the effectiveness of their programs and link their disbursements to evidence. The office said a commitment to using evidence would make approval of budget requests more likely Greater emphasis on identifying "what works" in the criminal justice system
Problems with the War on Drugs
Difficult to enforce Controversy surrounding limit to individual freedoms Create underground economy or black market which facilitates criminality
1996 Congressional Budget (Focus on Gun Control)
Eliminated $2.6 million from the CDC and added to the bill that "None of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used to advocate or promote gun control." CDC interpreted meaning they should avoid studying firearms and have not done so since then Original author, Rep. Jay Dickey (R-Ark) of this now has deep regrets
Gun Control Act (GCA) (1968)
Enacted after assassination of Pres. JFK, Senator Robert Kennedy, and Martin Luther King, Jr. Established higher age limits on firearms purchases Made certain categories of people ineligible to purchase firearm (felons, illegal aliens, dishonorably discharged military personnel, persons with mental illness or substance abuse issues, etc.) Enforcement was lacking, and no real central database existed to control the sale of firearms to these folks.
Model Program Guide
Established by the Office of Juvenile Justice and Delinquency Prevention in 2000 The MPG contains over 200 juvenile justice programs rated as either "exemplary," "effective," or "promising." Ratings were established by a peer review panel and are now based on the same rating instrument used by CrimeSolutions.gov
National Instant Criminal Background Check System (NICS) (1998)
Established via the Brady Bill which is a database of individuals prohibited from purchasing or possessing a firearm under federal or state law via the Gun Control Act (18 U.S.C. § 922). You can find the latest report from the Bureau of Justice Statistics on background checks for firearm transfers, 2015 done via NICS
Police Brutality
Excessive force that is deliberately designed to degrade or injure an individual
The Professional Era of Policing (1940-1970)
Focus was on professionalizing the police force Vollmer argued the importance of college education for police Enhanced formalized training, established training academy Officers expected to perform duties in businesslike manner To decrease corruption, officers were rotated through different beats and assignments Larger departments created internal affairs divisions, police commissions, or civilian review boards Increased use of patrol cars Consequences of professional era: - Officers were isolated from the public they serve - Police lost touch with citizens Not all departments embraced the professionalism reform Toward the end of the professionalism era, major social events were taking place - Civil Rights Era (Mid-1960s-mid-1970s) - Major social unrest and protests - Minorities sought more involvement & political activity - Demonstrations against Vietnam War, draft card burning, and the assassination of Martin Luther King, Jr. brought the police into conflict with citizens - Police began looking for a new identity
Marijuana Tax Act of 1937:
Harry Anslinger in control of the Federal Bureau of Narcotics (now DEA) sparked major concern about the over-production & consumption of marijuana. Some argue he and other political figures were influenced by manufacturers in the forestry and nylon/rayon markets (whose competitor would be hemp) to crack down on marijuana growing & distribution. Anslinger used mass media campaigns to generate public support for marijuana regulation (i.e. Reefer Madness) The statute effectively criminalized marijuana, restricting possession of the drug to individuals who paid an excise tax for certain authorized medical and industrial uses.
Populist Model of Policy Making
Has been the dominant model for policy-making since the 1950's Efforts are made to include the general public, especially those most strongly impacted by crime, into the policy-making process Ideas and concerns of general public are taken into consideration
"Best Practices" Policies
Have some scientific evidence to support their existence
Comprehensive Drug Abuse Prevention Act (1970)
Ignited by Richard Nixon who officially declared a "War on Drugs' Mandated that controlled substances be divided into five schedules based on potential for abuse, accepted medical use, and the accepted safety of the drug given proper medical supervision. Laid forth corresponding criminal penalties associated with the schedules. Established the Drug Enforcement Agency (DEA)
United States Gun Control Stats
In the U.S. in 2009, there were approximately 310 million firearms or about one gun for every person. However, most individuals own more than one firearm. In 2014, 33,594 Americans died from firearm injuries which accounted for 1 in 6 injury deaths. Nearly two thirds were suicide (21,386) whereas only 11,006 were the direct result of homicide (NVSR, 2016) Males are more likely to commit suicide, in part due to the fact that they use a firearm when doing so, comprising 87% of all gun suicides. Firearm suicides are the second most common cause of death for Americans 15 to 34 (NVSS, 2016) State-level firearm ownership was associated with an increase in both male and female firearm-related suicide rates and with a decrease in non-firearm-related suicide rates. Higher gun ownership was associated with higher suicide rates by any means among male, but not among females. What does this mean? For males, policies that reduce firearm ownership will likely reduce suicides by all means and by firearms. For females, such policies will likely reduce suicides by firearms (Siegel, 2016). Firearm wounds are the third leading killer of children in the United States (approximately 1,300) with rates higher in the south and midwest Firearm-related homicides declined 39%, from 18,253 in 1993 to 11,101 in 2011. Nonfatal firearm crimes declined 69%, from 1.5 million victimizations in 1993 to 467,300 victimizations in 2011. For both fatal and nonfatal firearm victimizations, the majority of the decline occurred during the 10-year period from 1993 to 2002 (BJS, 2013)
Issues with Current Gun Control Legislation
Incomplete information still hinders the effectiveness of background checks in limiting access to firearms for "dangerous" individuals They can always get someone else to buy the firearm Loopholes exist in background checks o They can purchase these firearms on the "Gray market" or illegally Too many guns already out there to control/diminish violent crime Some have called for a ban for the mentally ill to possess firearms but this is not supported by research
Lessons of Prohibition
Increase in crime - Prohibition destroyed legitimate jobs, created a violent black market, and diverted resources from enforcement of other laws Young Drinkers Exposed to More Potent Alcohol - Alcohol that was passed around during prohibition was far stronger and more dangerous than legally-regulated alcohol. - Lack of regulation led to adulterated alcohol products and unnecessary deaths Increased incarceration rates - Prison population increased by 561% during Prohibition era mainly due to violation of prohibition laws Corruption - Many federal agents worked with bootleggers to supplement their income, over 96% of Prohibition agents were either fired or resigned during this time.
Guns and Violent Crime States
Large number of guns circulating in U.S. suggests that legislative intervention will likely not keep guns out of the hands of criminals, or directly reduce violent crime Homicide rates have been decreasing since the 1990s and are now at its lowest since the early 1960s Violent crime tends to be concentrated in low-income areas (i.e. social disorganization theory). Firearms and drug trade highly linked due to the illegal nature of drugs. Many people involved in violent crime have prior criminal records Since 1970, more Americans have died from guns than all the Americans who died in wars going back to the American Revolution (about 1.45 million vs. 1.4 million) which includes suicides, murders, and accidents. Averages 92 individuals a day. An average of 47,870 nonfatal assault injuries resulted from a firearm from 2001 to 2006. In 2007-11, the average number of nonfatal injuries from a firearm increased slightly to 51,810
18th Amendment/Volstead Act (1920):
Made the production and distribution of alcohol illegal Repealed in 1933 (21st Amendment)
The Political Era of Policing (1820's - 1940's)
Major cities created police departments Police officers were recruited or selected by political leaders Politicians took advantage of the police, and police would exploit politicians Bribery & corruption were common practices Politics and policing were nearly inseparable The Progressive Era of the late 1800s and early 1900s brought about major social changes First juvenile court • School attendance laws More attention paid to police practices August Vollmer & O.W. Wilson ushered in major police reforms
National Firearms Act (NFA) (1934)
Mandated federal regulation of machine guns, short-barreled rifles or shotguns, and silencers Also taxed transfers of these weapons First time the federal government got involved in regulating firearms
Anti-Drug Abuse Acts of 1986 & 1988
Mandatory minimum sentences for drug offenders Largely blamed for increase in penal population & racial disparity in drug policy - Crack-Cocaine Provision: 100-1 sentencing disparity (VERY CONTROVERSIAL) - Possession of crack cocaine brings a mandatory five-year sentence, whereas it takes nearly 100 times the amount of powder cocaine to receive a five year sentence. - African Americans more likely to be arrested for crack offense, White Americans more likely to be arrested for powder cocaine offense. - Only down to 18:1 to disparity for sentencing now but still a significant difference as a result the 2010 Fair Sentencing Act
Where do we stand today on community policing?
Many organizations still support community policing today, but it has lost momentum over the years. It is no longer the latest and greatest idea. Always looking for something better. The terrorist attacks of 9/11 changed the priorities of U.S. law enforcement to the allocation of resources directed toward managing potential terrorist threats. The focus shifted away from street crime and moved toward an international perspective Greater support of intelligence-led policing (relying heavily on innovative technology for crime prevention & response) and evidence-based practices (using research as a compass for decision-making)
Effectiveness of Gun Control
Many studies have examined gun control legislation focused on harm reduction or have applied a public health approach to it Researchers looking at the same data have reached different conclusions. Some have shown that there is very little to no direct effect of gun control legislation on violent crime reduction, others have shown legislation does have an effect. HOWEVER, these studies suffer from methodological error, weak analyses, and other problems It is very important to read between the lines when looking at these studies because many are funded by special interest groups with a specific objective in mind (BE ON THE LOOKOUT FOR BIAS) Biggest issue: Illegal firearms will still exist regardless of legislation, and this is where most of the crime occurs.
Most of what we know about crime and the criminal justice system is what is presented to us via the __________
Media
Less Lethal Force
Most of the controversy surrounding police use of force involves deadly force, but we must also discuss less than lethal (or less lethal) force Growing move toward giving officers less lethal force options (tasers, stun gun, pepper spray, etc.) While there has been concern about injuries related to the use of less lethal weapons, research suggests that less than 1% of suspects were injured and the application of these tools reduced the odds of suspect injury by 69%. However human rights groups are still concerned about those cases in which serious injury or death result from non-lethal force.
Significant Gun Control Issues
Most states do not require mandatory theft reporting of firearms Utilizing trusts to obtain illegal firearms or for individuals who cannot possess a firearm to begin with Gun show/private dealer loopholes In 2004, among state prison inmates who possessed a gun at the time of offense, fewer than 2% bought their firearm at a flea market or gun show, about 10% purchased it from a retail store or pawnshop, 37% obtained it from family or friends, and another 40% obtained it from an illegal source, similar to what was found in 1997 (BJS, 2013)
Groups in Favor of Protecting Gun Rights
NRA
Handgun Control & Violence Prevention Act (Brady Bill) (1993)
Named after James Brady (assistant to Pres. Ronald Reagan) who was seriously wounded during John Hinckley's attempted assassination of Pres. Reagan. Imposes a waiting period of up to five days for the purchase of a handgun, and subjects purchasers to a background check during that period The Brady Campaign has been involved in numerous state and federal gun law reforms over the years The latest report from the Bureau of Justice Statistics (November, 2017) on background checks can be found here. Major findings include: - Since the effective date of the Brady Act on February 28, 1994, through December 31, 2015, nearly 197 million applications for firearm transfers or permits were subject to background checks and more than 3 million applications - Nearly 17 million applications for firearm transfers were received in 2015, up from an estimated 15 million in 2014. - About 1.4% of the nearly 17 million applications for firearm transfers or permits in 2015 were denied: about 107,000 by the FBI and about 119,000 by state and local agencies
Suicide-by-cop
Particularly worrisome use of force situation involving provocation are "suicide-by-cop" situations or "victim-precipitated homicide"- Suicidal individuals place themselves in situations where officers have no alternative but to shoot them. Tragic for all parties involved.
When considering police use of force, several factors must be examined:
Personal factors of officers and suspects: age, education, race, gender, mental state Situational factors: Time of day, # of officers involved, circumstances surrounding confrontation Organizational factors: Access to training, organizational attitude about force, policies
Remedies for Unauthorized Use of Force
Personnel selection Training Performance evaluations Open complaint and internal investigation system Public information/education Troubleshooting/prevention programs Policies, procedures, and organizational control Body and dashboard cameras
The Community Policing Era (1970-2010)
Police agencies realized they needed to strengthen/rebuild their relationship with citizens Concept originated in Cincinnati, Ohio and Boston, Massachusetts with the team policing approach- identify problematic neighborhoods and assign a group of officers to patrol in that area regularly Focus was to reconnect with citizens, interact with residents and business owners Key elements: - Police-community relations - Problem-oriented policing ("broken windows") - Systematic problem-solving approach (SARA: Scanning, Analysis, Response, and Analyzing success) - Based on principles from social disorganization theory - Emphasizes community partnerships Community policing is not a firmly established program or prescription for policing, it is more of a philosophy or orientation toward policing Has shown to reduce crime and increase public trust in police
Police Officer Deaths vs. Citizen Deaths resulting from Police Encounters
Police officer deaths on duty range between 41-72 each year (out of 750,000) sworn officers Figures estimating civilians killed by police officers are imperfect, but several facts have been established: - The highest # in recent years was in 1994, with 462 justifiable homicides by officers - The rate has been on a downward trend since the mid-1990s - Most of the people killed by police were the result of attacks on an officer or officers - Minorities are over-represented in fatal police shootings - It is difficult to make conclusions based on these data because the facts of the cases are unknown - Number of police shootings has decreased by over 55% between 1990 and 2011, possibly due to declining crime rates and better training & tactics enabling officers to deescalate situations UCR publishes Law Enforcement Officers Killed and Assaulted as part of Crime in the U.S. annually since 1996 for feloniously and accidentally killed: - In 2018, 51 LEO died as the result of accidents that occurred in the line of duty; 55 LEO died from injuries incurred in the line of duty during felonious incidents
Police and the Use of Force
Police officers are required to use force at times in their daily functions There has always existed concern about the excessive use or misuse of force Use of force continuum: Force can include everything from yelling at a person, using handcuffs, to discharging a weapon
Policies v. Programs
Policies guide actions - set priorities - establish rules Program is organized action - Can be how a policy gets implemented - But, programs can also be entirely separate from policy (although successful programs may subsequently influence policy) Example: Recent shift in federal homeless assistance policy towards prevention framework - Policy allows for many different program models (which is good)
Social Policy
Policies that are related to the organization of a society Human well-being is core concern of social policy so social policy includes any policy (whether public or not) that deals with well-being Examples: - Federal health legislation - Violence Against Women Act (VAWA) - University policy is that students must have health insurance
The Evaluation Context of Policies
Policy and program often used interchangeably (or similarly) in evaluation context In part because conceptual approach and similar methods can be used to evaluate programs and policies But, some view policy analysis as encompassing broader set of questions than program evaluation Policy process - How do problems come to be recognized as needing policy "solution"? - How do problems get on policy agenda? - How do various policy options emerge? Why are some chosen over others (cost? Values? Political reasons?) Policy implementation and effects - How are policies implemented? - What are implications/effects of chosen policy course?
Policies can develop without __________ communities
Policy; Stakeholders are involved in policy making We must also recognize the influence of special interest groups who often play a major role in elections.
Elitist Model of Policy Making
Primary model of policy-making prior to 1950's Policy was driven by a few and powerful elite Very little concern for general opinion
War on Drugs and the Legislation of Marijuana
Public opinion has changed from being very fearful of this drug for a long period of time to recognizing that its effects may actually be less harmful than alcohol. Also, physicians and other medical personnel have lobbied for the health-benefits associated with using this drug medicinally.
War on Drugs and Racial Politics
Racial politics has been a major influence in the manner in which this country has decided to wage this war African Americans are largely over-represented in the correctional system. While whites and African Americans use drugs at about the same rate, the incarceration rate for African Americans is nearly six times the size of Whites. Minorities have historically received harsher sentence for drug offenses.
Harrison Narcotics Act of 1914:
Required anyone involved in narcotics distribution to purchase a license Could also hold physicians liable if they were dispensing drugs outside of their professional practice
SWAT Teams were initially used for _____________ and are now mostly used to tackle ___________ crimes
Shootings and Terrorist Acts; Drug
One major issue with the gun debate is that many of the proposed solutions are ____________
Simplistic with unrealistic expectations
Policing strategies have changed over time to address the needs and demands of ___________
Society
What does SWAT stand for?
Special Weapons and Tactics
Loopholes on Gun Purchases
Straw purchase is a significant issue, some of this is quite brazen. An ATF report found that "many straw purchases are conducted in an openly "suggestive" manner where two people walk into a gun store, one selects a firearm, and then the other uses identification for the purchase and pays for the gun. Or, several underage people walk into a store and an adult with them makes the purchases. Both of these are illegal activities." Penalties tend to be weak for straw purchase loopholes. Federal Firearms Licensees (FFLs) are also playing an important role in illegal gun transactions. A recent ATF report found that "of the 120,370 crime guns that were traced to purchases from the FFLs then in business, 27.7 % of these firearms were seized by law enforcement in connection with a crime within two years of the original sale. This rapid `time to crime' of a gun purchased from an FFL is a strong indicator that the initial seller or purchaser may have been engaged in unlawful activity." Referred to as the gun-show loophole, though a more accurate term is the private sale loophole, procedures such as background checks and a waiting period are not applied. A recent study in 2017 found that 22% of gun owners obtained their most recent firearm within the previous two years did so without a background check
Controversies of the Current War on Drugs
Three dominant ways to intervene = Prevention, Treatment, &Enforcement - Need to spend more time/$$$ on prevention and treatment, and less on enforcement Constitutionality Questions - Regulation of drugs was never intended role of federal government. Many see the DEA and massive enforcement structure as overstepping bounds of Constitutional authority of federal government. Crime & Incarceration - The U.S. has more people behind bars than any other place in the world - A large portion of those incarcerated are there for drug-related offenses - Mass incarceration Development of stronger, less expensive drugs - Individuals involved in illegal drug market always seeking a cheaper, easier option to make $$$ - The surge of methamphetamine is an example of this Loss of tax revenue - If drugs were a legal enterprise, the federal government could rake in an estimated 40 billion dollars annually by taxing these products Racial Bias & Minority communities - In disadvantaged, minority communities, lack of legitimate employment opportunities makes the criminal lifestyle seem more appealing and as a viable means to an end -Many youth in these areas get involved in the drug trade at an early age, compromising their future, placing them at risk for arrest & incarceration
At the center of the gun control debate is:
Whether any type of firearms legislation will reduce firearms deaths
The premier source for identifying criminal justice policies:
www.crimesolutions.gov Established by the Office of Justice Programs in 2011 and programs are rated as effective, promising, or no evidence and includes both programs and practices As of 2017: - Total # of Programs = 516 - Total # of Practices = 59 Example: Mentally Ill Offender Community Transition Program (Washington)
