Chapter 9

Keyterms:

1. Racial Profiling – Alleged practice whereby police stop and search minorities for minor violations significantly more often than whites.
2. Police Stress- Emotional pressure that is produced by the nature of police work such as public apathy, exposure to criminals, and injury to fellow officers.
3. Cynicism-      A belief that human conduct is motivated entirely by self-interest. A cynical person attributes all actions to selfish motives and has a pessimistic outlook on human behavior.
4. Anomie- A “normlessness” or lack of attachment felt by some people toward their society.
5. Socialization Model- The view that holds that police officers learn their attitudes and values from socializing experiences such as education and experience on the job.
6. Predispositional Model- The view that the attitudes and values the police officers are developed prior to entry into the law enforcement profession.
7. Authoritarianism- A tendency to favor blind obedience to authority.
8. Police Discretion- The ability to choose between arrest and nonarrest solely on the basis of the officer’s judgment.
9. Selective Enforcement- A unwritten policy in which police are not required to fully enforce all laws as written.

    10. Police Pursuits- Police chases of suspects immediately after a crime has been committed.

    11. Clearance Rate- The proportion of open crime cases that are solved through the arrest of a suspect by police.

    12. Police Corruption- Illegal acts or omissions of acts by police officers who, by virtue of their official position, receive (or intend to               receive) any gain for themselves or others.

   13. Nonfeasance- A form of police corruption involving failure to perform a legal duty.

   14. Misfeasance- A form of police corruption involving failure to perform a legal duty in a proper manner.

   15. Malfeasance- A form of police corruption involving commission of an illegal act.

   16. Deviant Police Subculture Hypothesis- The view that some police departments have groups of officers who place loyalty to each other above obedience to the law.

   17. Deadly Force- The use of lethal force by police against a suspect.

   18. “Fleeing felon” Rule- The now obsolete common-law rule that police can use deadly force against any felon who flees the scene of a crime.

   19. Police Brutality- Use of excessive physical force by police in carrying out their duties.

Questions for Review

1. What is meant by selective enforcement?

-       An unwritten policy in which police are not required to fully enforce all laws as written.

2. Why is it difficult to formulate a clear policy to guide police decision making?

-       It is difficult to balance the competing goals of protecting the community and avoiding undue interference in the lives of citizens.

3. What are the key findings of research on police cynicism?

-       Police officers often are viewed as cynical, that is as believing that human conduct is motivated entirely by self-interest.

4. What factors were identified by skolnick as leading to the development of police attitudes?

-       It appears from these and other studies that police officers acquire their attitudes from their work environment and that people who choose a police career do not differ from the general population in personality characteristics.

5.Why has the predisposition hypothesis been discredited as an explanation of the formation of the police personality?

-       Other personality screening devices have been unable to predict the on-the-job success of police applicants.

6. In what way does college education influence authoritarianism in police officers?

-       Authoritarianism attitudes are more likely to be found in officers without a college education who have been on the job a long time. Officers with less education have also been found to be more dogmatic than those with higher levels of education.

7.How do police officers attitudes affect their performance?

-       Current research on police attitudes toward the public indicates that citizens negative sentiment toward them but that they remain dedicated to the job.

8.What are the three forms of police corruption? Give an example of each.

-       Nonfeasance (failure to perform a legal duty), misfeasance (failure to perform a legal duty in a proper manner), and malfeasance (commission of an illegal act.)

9.What are the three main types of explanations of police corruption?

-       Some explanations of police corruption focus on individual “rotten apples.” Whereas other focus on the “barrel”- the whole department. Most experts reject individual explanations and suggest that there is a deviant police subculture or that corruption results from secrecy within departments

10. What can be done to prevent police corruption?

-       Prevention of corruption depends on careful identification of its causes.

11.  What numerical measure is the best indicator of police performance in crime control?

-       The National center for Health Statistics collects information on “deaths by legal intervention.”

12. What can be done to relieve police of non-criminal tasks so that they can devote more time to crime control?

- The frequency with which deadly

Chapter 8

Key Terms

Mutual pledge system= a system of community self-responsibility that existed in Britain during the Middle Ages, in which residents were held responsible for the conduct of their neighbors.

Constable= a citizen in charge of weapons and equipment for one hundred families in his geographical area. In England constables were appointed by a nobleman beginning around the year 900.

Shire reeve= An official appointed by the British Crown who was responsible for overseeing the constables and several hundred families in a given area (called a “shire”). The modern word sheriff is derived from this term.

Watch and ward system= a system established in England in 1285 to aid constables in their law enforcement efforts. Men from each town were required to take turns standing watch at night. Crime suspects were turned over to the constables.

Justice of the peace= an office established by Edward II in 1326 to assist the sheriff in enforcing the law. Eventually the role of the Justice of the peace shifted to adjudication, while the sheriffs retained their local peacekeeping function.

Preventive police= the first organized police department in London, established in 1829. The popular English name for police officers, “bobbies,” comes from Sir Robert Peel, a founder of the Metropolitan Police.

Crime commissions= early twentieth-century crime commissions included the Chicago crime commission (1919), the National Crime Commission (1925), and the Wickersham Commission (1931). These commissions focused on the improved operation of the criminal justice system as the best way to reduce crime.

Progressivism= early twentieth-century era in policing that focused on efficiency, professionalism, and improved technology.

Professionalization= those changes in police organization, administration, and technology aimed at improving the efficiency of the police 

in the deterrence and apprehension of criminals.

Law Enforcement Assistance Administration (LEAA)= Established in 1968, the LEAA was set up within the U.S. Department of Justice to allocate money to improve the efficiency and effectiveness of the criminal justice system. Between 1968 and 1977 the LEAA spent more than $6 billion on crime control programs and college education for police officers.

Local police= The police departments of municipalities; local law enforcement also includes county sheriffs and special police agencies such as park, airport, transit, and university police.

Community Policing=a service-oriented style of law enforcement that focuses on disorder in the community, crime prevention, and fear reduction (as opposed to the traditional focus on serious street crimes).

Weed and Seed= Federal programs that combine enforcement with community services in an effort to reduce crime in targeted neighborhoods.

State police= enforcement agencies primarily engaged in highway patrol activities. About half of state police agencies also have the authority to conduct investigative work.

Federal law enforcement= seventeen different agencies that investigate the violations of federal law. Unlike state police agencies, few federal agencies engage in patrol work; most perform exclusively investigative functions.

Transnational law enforcement= International agreements and law enforcement efforts that attempt to serve the interests of all nations in the face of the growth of international travel, the transnational nature of the internet, and the threat of international organized crime and terrorism.

Interpol= The International Criminal Police Organization composed of 177 member nations. It assists member law enforcement agencies requiring information about crimes or criminals of a transnational nature.

Multijurisdictional task forces= multiagency efforts to combat multijurisdictional crimes allowing for pooling of evidence, personnel, and expertise and to reduce unnecessary duplication of effort.

Private security= Law enforcement agencies that protect private property and are paid by private individuals and corporations.

Questions

1. What systems for community protection evolved before the establishment of formal police departments?
2. Why did the invention of gin act as a catalyst for the establishment of public policing?
3. What were some of the problems faced by early police forces?
4. How was police professionalism enhanced in the early decades of the twentieth century?
5. Why is growing reliance on technology a problem for police operations today?
6. Why is law enforcement carried out largely by municipalities in the United States?
7. What are the primary activities of local and state police forces?
8. What are the major federal law enforcement agencies, and what are their responsibilities?
9. What are important issues facing transnational law enforcement?
10. Explain the growing diversity among police officers in recent years.
11. How is the growth of private security related to the police?

Answer

1. The mutual pledge system and the watch and ward system as well as the justice of the peace.
2. It attempted to limit the availability of gin by establishing extremely high licensing fees for all gin sellers and manufacturers and proving rewards for information leading to conviction of unlicensed distillers or retailers.
3. Officers often drank and slept on the job, lack of discipline, low pay, disrespect and ineffectiveness, also problem wearing the uniform.
4. Classroom training and written test for police recruits. The method was also “Authentic assessment”.
5. It coupled with the increasing demand for police services, began to peak during the 1960’s when concern about crime is at an all-time high.
6. Because they are the ones who primarily enforce applicable state laws, but they also enforce local ordinances and traffic laws and investigate accidents and suspected crimes.
7. State police enforce state laws exclusively.
8. U.S. customs and Border control- Investigates contraband entering or leaving country. U.S. immigration and Customs enforcement- border patrol and investigation of illegal aliens at ports of entry. Secret service- Investigates counterfeiting and federal computer fraud; provides security for federal officials. Federal Bureau of Investigation- enforces 250 federal laws not specifically designated to other agencies. Federal Bureau of Prisons- Corrections officers in federal jails and prisons.
9. Political violence, organized crime, drug trafficking and corruption.
10. Until recent decades, women and those of certain heights, weights, and backgrounds were excluded from police work.
11. They are a multijurisdictional agency that enforce in areas where it is out of the hands of police, and they function the same but just in private standards.

Chapter 7:

Vocabulary

1. Frisk  - A patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officier from attack with a weapon while an inquiry is made.

2. Search - An exploratory inspection of a person or property based on probable cause of law violation.

3. Seizure - Confiscation of property occurring wh...en there is some meaningful interference with the individual's possession of property.

4. Reasonable Suspicion - A situation in which a police officer has good reason to believe that criminal activity may be occurring; this permits a brief investigative inquiry of the suspect.

5. Exclusionary Rule - A legal principle that holds that illegally seized evidence must be excluded from use in trails.

6. Good Faith Exception - A rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the judge made the error.

7. Fifth Amendment - The amendment to the Constitution that includes protection against self-incrimination.

8. Miranda Warning - A five-point warning derived from the case of Miranda v. Arizona.  Its purpose is to provide fair notice to crime suspects of their basic constitutional rights.

9. Public Safety Exception - Police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.

Quesions

1.  What limits does the Fourth Amendment place on searches and seizures by police?

- The court decisions have been necessary over the years to interpret and apply the general Fourth Amendment standard in a changing world of drug trafficking, automobile travel, and suspicions persons and activities that fall short of the probable cause threshold.

2.  What is the difference between a frisk and a search? 

- A frisk is a patting down of an individual’s outer clothing on the basis of a reasonable suspicion.  A search is an exploratory quest for evidence.

3.  What is meant by the "reasonable suspicion" standard? How is it different from the "probable cause" standard? 

- Reasonable suspicion is a lower standard of evidence that probable cause, so the scope of the search permitted is less intrusive.

4.  What is the exclusionary rule, and what are some exceptions to that rule? 

- It holds that illegally seized evidence must be excluded from trials.  The "good faith" exception to this rule occurs when police conduct a search on the basis of a warrant that is later found to be defective.

5.   In what kinds of situations may a search be conducted without a warrant?

- Searches can be conducted without a warrant if they are incident to a lawful arrest, are conducted with voluntary consent, or involve evidence in plain view, automobiles and their contents.  It can also apply to open fields and abandoned property.

6.  What protections are provided by the Fifth Amendment? 

- The Fifth Amendment provides or grand juries, protection against double jeopardy and protection from self-incrimination. 

7.  What is the Miranda rule, and what exceptions to the rule have been allowed by the Supreme Court? 

- The Supreme Court has established some exceptions to The Miranda Rule.  These include the public safely exception, in which a suspect may be asked questions prompted by concern for public safety before being read the Miranda Warning.

8.  Why are the impacts of procedural law on law enforcement controversial? 

- The debate continues the benefits of the exclusionary rule and Miranda for citizens for law enforcement, and reflecting continuing conflict in the balance to be struck among the interest of government, the public interest, and the rights of private citizens.  The importance of confessions to police work is limited because most suspects are taken into custody based on other evidence

Chapter 6: The Criminal Justice System

Key Terms:

1)      Policing - enforcing the law by apprehending violators and thereby protecting citizens. Crime prevention and social services such as education of the public are more recent emphases in law enforcement.

2)      Limited Jurisdiction - the jurisdiction of courts that have narrow legal authority over specific types of disputes.

3)      General Jurisdiction - The jurisdiction of courts where most trial for felonies occur, as well as trials in major civil cases.

4)      Appellate Jurisdiction - The jurisdiction of courts that review specific legal issues raised in trial courts.

5)      Local Jails - facilities used to detain adults awaiting trial and offenders serving sentences of one year or less.

6)      Probation - a system under which a person convicted of a crime serves a sentence in the community under the supervision of a probation officer.

7)      Bill of Rights - the first ten amendments to the Constitution-details many of the requirements for adjudication, such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure.

8)      Fourth Amendment - amendment to the Constitution that prohibits searches without probable cause.

9)      Probable Cause - a reasonable link between a specific person and a particular crime; the legal threshold required before police can arrest or search an individual.

10)  Warrant - a sworn statement by police that attests to the existence of probable cause in a given case; it is signed by a judge who agrees with the officers’ assessment of the facts.

11)  Arrest - process of taking a suspect into custody for the purpose of prosecution.

12)  Booking - A procedure in which an official record of the arrest is made.

13)  Summons - a written notice to appear in court.

14)  Bail - a form of pretrial release where the court holds money or property to ensure that the arrestee will appear for trial.

15)  Surety - bail posted by a bondsman on behalf of an arrestee.

16)  Plea - a statement of innocence or guilt.

17)  Arraignment - a hearing where the defendant is informed of the charges and of his or her rights and enters a plea.

18)  Information - a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing.

19)  Grand Jury - a group of citizens who hear the evidence presented by a prosecutor to determine whether probable cause exists to hold the person for trial.

20)  Indictment - a formal accusation of a crime based on the vote of a grand jury.

21)  Bench Trial - a trial in which the judge determines guilt or innocence.

22)  Jury Trial - a trial in which the jury determines guilt or innocence.

23)  Acquittal - a finding after trial not guilty.

24)  Conviction - a finding of guilt beyond a reasonable doubt.

25)  Sentencing - a judge’s decision as to what is to be the most appropriate punishment, given the type of crime and offender, and within a specified range established by law.

26)  Presentence Investigation - an investigation by the probation department that seeks information regarding the offender’s personal and social background, criminal record, and any other information that may help the judge match the sentence to the offender.

27)  Incarceration - segregation of offenders from the rest of the community in jails or prisons to rehabilitate, incapacitate, or punish them and to deter others from committing similar crimes.

28)  Parole - a phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community.

29)  Appeal - a review of lower court decisions by a higher court to look for errors of law or procedure.

30)  Justices - the title of the judges of an appellate court.

31)  Mistrial - a trial that has been declared invalid because of a substantial error in law or procedure.

Questions For Review And Discussions:

  1. How is the criminal justice system designed to provide a just balance between individual and community interests?

- The criminal justice system is designed to provide a mechanism for achieving a balance between individual and community interests by agencies, laws, and procedures – even though they sometimes fall short of achieving their goal. 

 2. What are the four basic tasks that law enforcement agencies at all levels of jurisdiction are expected to perform? How do law enforcement agencies differ by jurisdiction?

- The four basic tasks that law enforcement agencies at all levels of jurisdiction are expected to perform is protect people and their rights, apprehend those who violate laws, prevent crimes, and provide social services. The law enforcement agencies are different by jurisdiction because federal officers enforce federal laws, state officers enforce state laws, and local police enforce both state and local laws.

 3. What are the three basic jurisdictions that state and federal court have? How do state and federal courts differ?

- The three basic jurisdictions that the state and federal courts have are limited jurisdiction, general jurisdiction, and appellate jurisdiction. The state and federal courts differ because the federal court system interprets federal laws and the state court system interprets state and local laws 

4. How does the correctional system reflect the organization of law enforcement and the courts?

- The organization of law enforcement and the courts is reflected by the correctional system because it exists on local, state, and federal levels of government.

 5. Why is it useful to think of the criminal justice system as a filter?

- It is useful to think of the criminal justice system as a filter because it includes individuals and agencies that serve as links between law enforcement and the courts, such as prosecutors and defense counsel, and between the courts and corrections, such as parole agencies.

 6. What does the Bill of Rights have to do with the criminal justice system? What is meant by due process of law?

- The Bill of Rights has to do with the criminal justice system because it details many of the requirements for adjudication, such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure. Due process of law means that individuals cannot be denied their right as citizens without adjudication according to law.

 7. How does the criminal justice system operate from the time a suspected violation of a law occurs until the time a suspect is arrested?

- The operation of the criminal justice system from the time a suspected violation of law occurs to the time a suspect is a arrested is the first action to be taken is an investigation and then the police must reconstruct an incident from the accounts of victims and witness in order to determine whether a crime was actually committed.

 8. What legal right does the Fourth Amendment protect? What is meant by probable cause?

- The Fourth Amendment protects against searches and seizures conducted without a warrant specifying a probable cause. Probable cause is meant to have a reasonable link between a specific person and a particular crime.

 9. How does the bail system operate? What is the process by which cases are brought to trial? What kinds of trials are there?

- The operation of the bail system is an arrestee who posts bail remains free pending a court appearance, bail is posted in the form of cash or it equivalent, which is later refunded to when the arrestee appears for trial. The kinds of trials are the bench trial which means the prosecutor and defense counsel make their argument to the judge who determines guilt or innocence, and the jury trail which means that guilt or innocence is determined by a jury. There are two formal trials the bench trial and the jury trial.  Before the trial a defendant must be formally accused based on a determination of probable cause. The formal step occurs in one of two ways, [1] through a formal accusation filed by a prosecutor cased on the findings of a preliminary hearing or [2] through an indictment.

10. What are the four kinds of plea? What are the possible outcomes of a trial?

- The four kinds of plea are guilty, no contest, no plea, or not guilty. The possible outcomes of trial are acquittal or conviction.

11. Why is the cost of justice so high? Why are there concerns of fairness in the adjudication process?

- The cost of justice is so high because of increased spending on prisons and police. There are concerns about fairness in the adjudication process because investigations have found that there are racial disparities of the juvenile offenders, arrest decisions, sentencing and death penalty decisions.  When this happens the citizens lose confidence in the criminal justice system and in the government it represents.