Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr.
Download
Report
Transcript Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr.
Department of Criminal Justice
California State University - Bakersfield
CRJU 100
Introduction to Criminal Justice
Dr. Abu-Lughod, Reem Ali
Enforcing The Law
Intro:
Police Discretion (pros and cons)
Kenneth Culp Davis Police Discretion: positive
because they use common sense, example
Problems with racial biases, racial profiling
Losing faith in police
POLICING STYLES:
1.
Interx with public
2.
Different orgs
3.
Diversity, community
4.
Different crime categories
JAMES Q. WILSON in Varieties of Police Behavior identifies 3 styles of
policing:
1) Watchman Style: a) to maintain order (discretion, verbal warnings) and
b) law enforcement (law violators)
Primarily working out disputes between citizens informally
2) Legalistic Style: little discretion required, enforcing law, focus on crime
committed, extralegal factors less influential
3) Service Style: serve community and citizens, goal not to
arrest…..diversion programs, warnings, increase use of discretionary
powers but evaluated and acts may be altered
NOTE: OTHER STYLES OR COMBINATION OF STYLES MAY BE PRESENT
POLICE SUBCULTURE AND POLICE CORRUPTION
Style adopted also depends on personality of police
officers and their interactions
Police may feel isolated because of the nature of work
they engage in
Jerome Skolnick coined that as the “policeman’s working
personality”
It’s their sub\culture and values, etc…
1) The Symbolic Assailant
The individual is an assailant until they can prove that
they are not a threat to soc
Always on guard to identify people’s behavior (clothes,
language, etc...)
2) Danger:
The nature of work can be dangerous
May be victims
3) Social Isolation:
Citizens treat officers differently?
Limit social interactions
4) Solidarity:
Combinations of danger and isolation
“us against them” mentality
Police protect people but people do not participate
in fighting crime
POLICE CORRUPTION
Knapp Commission
1972 issued on police corruption in NYC
Meat eaters and grass eaters?
Manning & Redlinger introduce 7 different ways in
which police corruption can take place:
1) bribes 2) using drugs 3) buying & selling narcotics
4) arrogation of seized property 5) illegal searches &
seizures (claim probably cause: flaking, dropsey,
padding) 6) protection of informants 7) violence
Search:
Police trained in procedural law to make judgment between
reasonable and unreasonable searches
1) Trespass doctrine: physical intrusions into a constitutionally
protected area (persons, houses, papers, etc…)4th Amendment
2) Privacy Doctrine: replaced trespass that people NOT places
are protected from government intrusion. Police have more
latitude to deal with people on streets where privacy is not
expected
3) Plain view Doctrine: for it to be lawful and not contradict 4th
Amendment, 3 factors must result: 1) officers lawfully present
when and where evidence discovered, 2) detection occurs
without advanced technology, 3) detection is not planned
4) Open fields doctrine
5) Public places
6) Abandoned property
WARRANTS:
very complex, must have warrant by judge
What about warrantless searches:
1) Searches incident to arrest: grabbable area
2) Consent searches: with suspect’s permission
3) Exigent circumstances or emergency searches:
after a chase
4) Vehicle searches
SPECIAL NEEDS SEARCHES: inventory,
students, airport searches, probationers
STOP (seizure) & FRISK (search)
To stop suspects: 1) physical restraint, 2) show
badge
Arrests: taking someone into custody
Arresting someone at home:
1) crime is a felony, 2) knock and announce
3) arrest in daylight, 4) probable cause