Criminal Justice and Moral Philosophy

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Transcript Criminal Justice and Moral Philosophy

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   Police are the only public servants who routinely use force and coercion Have wide latitude and discretion Packer’s two models of the police  Crime fighter ▪ #1 job to fight crime ▪ Crime control guarantees freedom ▪ Efficiency, speed, “finality” - a “conveyor belt” approach ▪ Presumption of suspect’s guilt  Public servant ▪ Crime is a social phenomenon - police can only do so much ▪ Police serve all the people, criminals included ▪ Concern with coercion and abuse of force ▪ Protecting due process is critical

      Patronage for selection and advancement  Chiefs had little authority  Political corruption infused decisions Training mostly on the job “war stories” Local control: heavily decentralized, autonomous precincts Rampant police corruption  Chiefs and precinct commanders established payment systems to allow vice and prostitution  Individual officers shook down peddlers and thieves Heavily involved in strikebreaking Community roles – officers worked soup lines, helped immigrants  Closeness a double-edge sword  Promoted corruption, interfered with supervision

     Remove police from politics Police executives in charge Distance officers from citizens  Improve equity, reduce corruption Focus policing on law enforcement, let other agencies handle social services Scientific administration ( Taylor’s management principles )  Develop standard procedures: “routinize” police work  Reduce discretion where possible  Task specialization: special assignments and units  Measure output: quantifiable results (# arrests, crime rate)

        Bicycle, then motorized patrol Records system Scientific investigation  1920: lie detector  1924: fingerprint system Modus Operandi system (track criminals by their methods) Formal police training  1916: Established UC Berkeley School of Criminology Applicant psychological and aptitude testing Recruit college graduates Against the tide: encouraged police to do social work

   Society beset by crime, gang wars Policing suffers from abuses, excessive force (“third degree”) and corruption Recommendations  Get politics out of law enforcement  Select Chiefs and officers on merit  Physical standards   Improve salaries and working conditions Good training  Professionalize, specialize ▪ ▪ Hire women Crime prevention and crime investigation bureaus

   Hired as a patrol officer in 1927 1930’s L.A. was beset by municipal corruption under the regime of Mayor Frank L. Shaw, who was recalled in 1938 Parker became Chief in 1950, revamped the Department into the epitome of the “professional model”  Dismissed many abusive and incompetent officers  Implemented modern organizational principles  Imposed rigorous civil-service driven officer selection process  Greatly improved training   Instilled discipline and esprit de corps Faulted for inadequate attention to use of force, especially in minority areas, and intelligence gathering abuses (“Red squads”)

    During the 50s and 60s entrenched poverty and allegations of brutal, heavy-handed law enforcement poisoned relations between police and minority citizens in South-Central Los Angeles, an area then mostly populated by blacks.

On August 11, 1965 CHP officers stopped Marquette Fry, a 21-year old black man, for DUI near his family residence in South Los Angeles.

The suspect’s mother and family members soon arrived. They became involved in a physical altercation with officers. A hostile crowd gathered. Frye, a brother and his mother were hauled off to jail. Rocks and bottles began to be thrown. More CHP officers arrived, but neither they nor LAPD were able to contain the situation.

The disturbance spread throughout South Los Angeles. National Guard troops were called in. During the next week more than 30 persons died, more than 1,000 were injured and hundreds were arrested. Widespread looting and fire-setting leveled a large chunk of the Watts commercial district. The area never fully recovered.

   Historical legacy of antagonism between police and minorities came to a head in 1965  “Bloody Sunday” - Selma, Alabama, March 7  Watts riot - Los Angeles, August 11-17 Disturbances around the U.S. brought assumptions of the professional model into question Official studies concluded that police practices contributed to disorder and prescribed changes:  More minority officers  Higher educational standards  Enhance officer training  Improve oversight and discipline  Focus on community relations

    Disorders led to criticism of the professional model  Police isolated, unresponsive, overlook other obligations  Officers detached from the citizens they serve  Officers stereotype persons and are careless about using force To-do list  Defuse tensions, build trust, narrow the distance with the public  Share information to learn about local problems 1970’s – Team policing: same officers provide all services  Get to know local citizens and their problems 1980’s – Community policing: give citizens a role in police decisions  Neighborhood police stations, community meetings, foot and bike cops  Broader approach than crime-fighting ▪ Citizens help define problems and devise solutions ▪ Success measured by citizen satisfaction, not just crime rates ▪ ▪ Move away from incident-driven (response) policing Aim for increased officer satisfaction, less cynicism  Concerns ▪ ▪ “Broken windows” approach may call for more intrusion, not less Close relationships with public may lead to ethical lapses

    On March 3, 1991 CHP officers tried to stop Rodney King, a multi-convicted felon on parole for robbery, for speeding. A high-speed chase ensued. King, who was drunk and high on drugs, was finally stopped when he entered city streets.

King ignored orders to physically submit and was nearly shot by a CHP officer. LAPD sergeant Stacey Koon and three LAPD officers then moved in and beat King with their batons. A witness videotaped the encounter.

Koon and the officers were charged with assault.

On April 29, 1992 all were acquitted. The verdict sparked rioting and looting in South Los Angeles.

In the next seven days 55 persons died, 2,000 were injured and 12,000 were arrested.

Koon and one officer were later convicted of Federal civil rights violations and served prison terms.

    A crime surge began in the 80’s and continued through the early 90’s This surge, along with 9/11, led to a renewed emphasis on crime-fighting 1990’s – Problem-oriented policing  Fight crime by identifying localized problems 2000’s – More models  Preventive policing: Combines community policing with problem oriented policing; adds accountability measures to prevent  abuses Intelligence-led / “hot-spot” policing: Use crime data to target locations where crime repeatedly occurs

 The violence of the 80’s and 90’s began receding in 1994. In many cities, including Los Angeles and New York, murder and violence fell by 75% or more. But in many other cities the struggle continues.

Uniform Crime Reports - 1993

City

Los Angeles Newark New York City

Population

3,525,317 269,892 7,347,257

Violent Crime rate

2374.3

3787.4

2089.8

Homicide rate

30.5

35.6

26.5

City

Uniform Crime Reports - 2013

Population Violent Crime rate

Los Angeles Newark New York City 3,878,725 278,246 8,396,126 426.0* 1263.6

623.9

* Los Angeles admits its violent crime rate has been artificially deflated

Homicide rate

6.5

40.3

4.0

   Citizens give up some freedom in exchange for protection from harm But grants of authority (entitlement) and power (means) to police are not absolute Police required to:  Provide the service they promised  Use persuasion before turning to force and coercion, then use as little force and coercion as possible  Display integrity; be fair and objective  Obey laws and regulations  Subject themselves to supervision and control

  Muir - “Police - Streetcorner Politicians”: Emphasizes individual differences between cops  Professional: Balances coercion and compassion  Reciprocator: Has citizens solve problems; makes “deals” to keep the peace  Enforcer: Relies on coercion and force  Avoider: Avoids situations that might result in being challenged Wilson - “Varieties of Police Behavior”: Different social and political environments lead to different policing styles  Watchman: Focus on order maintenance. Ignore minor infractions, less bothered by vice. Preference to resolve issues informally.

 Legalistic: Eager to invoke formal sanctions (arrests and citations). Disorderly persons viewed as a criminal threat. Reluctance to intervene when legal authority is unclear.

 Service*: Blend of the above styles, with less emphasis on making arrests. Prefers to use conciliation and make referrals to social service agencies.

 Most police codes of ethics include these components  Fairness ▪ Everyone must be treated the same ▪ Must not use authority to take advantage ▪ Avoid gratuities  Service to the community ▪ Don’t just focus on law enforcement  Subservient to the law ▪ Obey all rules and court decisions  Personal conduct ▪ ▪ Set an example Higher standard than the general public

  “Cop Code”  Don’t rat on other cops  Be brave  Do your job  Don’t make waves  Michael W Quinn “Walking With the Devil: The Police Code of Silence” https://www.youtube.com/watch?v=U9OW35OVcI4 Be aggressive when needed, but not overly eager  Don’t trust bosses to watch for your interests “Noble cause” corruption  Klockars - “the Dirty Harry problem”: Do the ends (e.g., saving a kidnapped girl) justify the means (torturing a suspect)?

 “Testilying” - lying in court ▪ Excuse: System is so complex and demanding that must lie or shade the truth to get the job done