OSU SOC 241 Dr Atkins Midterm 2

Modernization of police: what motivated the change to the "professional model"?

Numerous problems with corruption and brutality, which reached their worst during Prohibition created the Reform Era with produced the Professional Model.

What changes came with the professional model of policing? What are the key characteristics of this model?

1. Centralized, hierarchical police organizations.
2. Increased use of technology.
a. Police car patrols, radio communications, fingerprinting, toxicology, and forensics.
3. A limitation on discretion: the ability of justice officials to make judgment cal

What motivated the change to the "community-policing model"?

Social turmoil and change in the 1960's. (Watts Riots, Kent State Vietnam War Protest, and Civil Rights Movements.)

political era of policing.

The political era of policing was named this because during this time most police officers received their jobs as a result of political connections, not because of their skills, knowledge or any form of "fair" job application process as they do today

the patronage or "spoils" system

involved a form of corruption in which the political party in power hires and promotes police officers, receiving job-related "favors" in return.

professional policing model

often led to poor communication between the police and the community�and poor communication fosters mistrust in many cases, both by community members (especially those in poor or minority communities) and by police officers.

Community Policing

Meaningful interaction between officers and citizens will lead to a partnership in preventing and fighting crime.
1. Precincts are smaller and are physically closer to the policed communities.
2. More foot patrols by police encourage more proactive "posit

Problem-solving policing

is a (community) policing philosophy that requires police to identify potential criminal activity and develop strategies to prevent or respond to that activity.

Problem Oriented Policing

Philosophy that requires police to identify potential criminal activity and develop strategies to prevent or respond to that activity.

Proactive Policing

Strategies are aimed at stopping crimes before they are committed. More effective but also more complicated.

Reactive Policing

Policing primarily involves responding to calls for service.

Hot Spots

Areas of high criminal activity.

Crime Mapping

Departments use this to locate and identify hot spots.

Broken Windows Theory

A neighborhood in disrepair signals to potential offenders that criminal activity is tolerated in the area and thus encourages increased/more serious offending.

Crackdowns

When police intensely focus their energies on a particular crime or set of crimes in a given area.
o Displacement is a key problem with crackdowns. Displacement: enforcement results in the relocation, rather than elimination, of crime to another area that

Police subculture: factors encouraging it

Police have a strong subculture because the job is somewhat unique and there are a variety of conditions and circumstances typical of the job that encourage a strong subculture.
1. Heavy media coverage, more often negative then positive.
2. Substantial st

Police Subculture: consequences of it

o High degree of loyalty to the profession and other officers.
o Blue Curtain: the value placed on secrecy/confidentiality in things related to policing and sentiment that police affairs are settled "in house" by police.

Search Warrant

A court order issued by a judge directing police to search a specific place for specified objects and bring them before a court.

Probable cause

an evidentiary standard requiring that there is sufficient evidence to believe that an offense has been or is being committed and the person or place to be searched/arrested is materially involved in the crime.

police cynicism

researchers of this topic, it is the suspicion that (many) citizens are corrupt, and/or dangerous; this outlook is the result of a police officer being constantly exposed to civilians at their worst.

If they did search a medicine cabinet and found a stash of illegal prescription drugs and seized them could this be used against the person?

No almost certainly not. This is because of the exclusionary rule

To obtain a search warrant these requirements must be met

1. An officer must request a warrant from the court.
2. The officer must submit an Affidavit: a written statement of fact, to a judge establishing the grounds for the warrant.
3. The affidavit must state the place to be searched and the property to be sei

warrantless searches/arrests.

Court has ruled that a valid search/arrest may be conducted without a warrant (a.k.a warrantless searches/arrests) under certain circumstances. when is completed, the arresting officer must be able to prove to a judge that probable cause existed at the ti

The six (primary) circumstances allowing a warrantless search

Stop and frisk, search incident to an arrest, automobile search, consent search, plain sight search, and seizure of nonphysical evidence.

Stop and Frisk

Must have reasonable suspicion.
1) Reasonably believe to be suspicious( a stop)
2) if they believed the person is armed (frisk: pat down)
Terry v. Ohio: established the constitutionality of a 'stop and frisk'

what is the evidentiary standard required for a lawful search or arrest?

A stop and frisk requires a lower standard of evidence, " reasonable suspicion," not the higher requirement of "probable cause.

Search incident to an arrest

Occurs almost with every arrest. Must
1) Find/confiscate weapons
2) Protect evidence on suspect from being destroyed

immediate control,

a proximity that the Court has ruled is equivalent to "within arms-reach" of the suspect.

Considering the Terry decision, if the men had not loitered around for a period of time, returned to the store and then were unable to provide a reason for being there, would the frisk have been considered Constitutional?

Almost certainly not. The circumstance in totality were what constituted 'reasonable suspicion.' If they had just walked by, or perhaps met in front of the store in the daytime as opposed to night, the Court probably would not have ruled this represented

Automobile search

Lee restrictive than house searches because:
� Privacy is less restrictive in cars: considered to be in public.
� Evidence is easier to dispose in car
� Police inventory all materials in car (for protection and evidence)

Consent search

Person gives consent to search

Plain-sight search

the search (and potential seizure) of objects that are in a house or other area normally involving an expectation of privacy but because the object can be freely inspected by the police it can be taken as evidence.

let's say police arrive at an apartment because the neighbors called to make a noise complaint. While the police are standing in the doorway, they see a bong and bag of marijuana on the table over the occupants' shoulder. Can they enter and seize the evid

Yes. The police have the right to seize this evidence and use it against the occupants of the residence because the evidence was in plain view, in a position they had the right to be in, after responding to a call for service.

Seizure of nonphysical evidence

involves verbal evidence such as an overheard conversation,If in public non physical evidence is collected and recorded by police.

Plain view doctrine

Coolidge v. New Hampshire 1971: any officer who has the right to be in a position to have plain view may do a plain sight search.

Open Fields Doctrine.

the result of court decisions that have held that police can search "fields" or private property adjacent to a house (even if a "No Trespassing" sign is posted) if criminal evidence (such as marijuana "fields") can be seen from a plane or helicopter.

Exclusionary Rule/fruit of the poisoned tree

Means that any evidence obtained in violation of due process rights cannot be used in criminal court.
� Weeks v. United States: Police obtained papers proving weeks guilty without a search warrant.
� Mapp v. Ohio

mapp v ohio

involved Dollree Mapp, who the Cleveland Police believed (based on a tip) was harboring a suspected bombing fugitive.
seized by the police�the pornography�should not have been admitted in her trial and her conviction was overturned.

What is a precedent again? And what form of law is based on precedents? If you don't know the answers then look them up.

...

let's say police pull someone over, illegally search them and find an illegally possessed firearm on their person. Using the firearm as grounds for probable cause to search the offender's car the police search the car's trunk and find illegal drugs. Are t

No, the drugs are likely not admissible in court (nor is the gun). Barring certain exceptions (mentioned next) if the initial search is illegal, and it is used as grounds to search more thoroughly, anything found in that search is considered "fruit of the

Nix v. Williams Inevitable Discovery Doctrine

...

Interrogation

Questioning of suspect to gain evidence or a confession.
� 5th amendment guarantees protection against self incrimination

Escobedo v. Illinois

...

miranda

therefore is that people must be notified of these rights (below), as many common citizens are (or at least were) not aware of them.

testimonial questions

...

Non-testimonial questions

...

inherent coercion

in their decision on the Miranda case the Supreme Court Justices ruled that even without violence interrogation by police is coercive, called "inherent coercion" and that no confession could be admissible unless a suspect had been made aware of their righ

custody

...

Trial Courts

Courts in which guilty plea takes place and questions of fact are examined. (courts of original jurisdiction)

Appellate Courts

Courts that review decisions made by lower courts. ( don't examine guiltiness but only go by procedure of law)

dual court system

system refers to the separate but interrelated court system of the United States, made up of federal and state courts.

The Supreme Court

is a reactionary institution, meaning the Court can only rule on issues present in cases that come before it and law changes when court rules a law or practice is unconstitutional.

Jurisdiction

Is the authority of court to hear and decide cases within (1) area of law (2) geographic territory.

What is meant by a "dual court system"?

Separate courts but interrelated to courts of the uninted states, made up of federal and state courts. (all courts fall under jurisdiction of supreme court)

Courts of limited jurisdiction (municipal courts)

are sometimes called municipal courts, district courts or metropolitan courts - these courts are more "local" in their jurisdiction and are referred to as "lower courts" because they handle only misdemeanors and minor civil cases.

General jurisdiction (felony courts)

are also called felony courts, superior courts or circuit courts. Courts of general jurisdiction have no restrictions on the subject matter they may address�but they typically deal with the most serious felonies and civil cases with potentially high damag

Writ of certiorari

Request from higher court asking lower court for a case record, this signals higher courts willingness to review a case.

rule of four.

There is a requirement that at least four of the nine justices must agree to hear the case to approve the writ

Prosecutorial Discretion

Ability of prosecutors to decide how to handle cases
� Whether individual who has been arrested by police will be charged
� Level of the charges
� When to stop prosecution.. includes plea deals and granting of immunity both before and during trial.

The factors that influence Prosecutorial discretion

�Legal issues
�Convictabilitythe most important factor in deciding whether to prosecute is convictability, if there is sufficient evidence to get a conviction.
�Extralegal issues
�Resource issues

Why do you think our trial process is referred to an "adversarial system"?

the attorneys for the defense and the state "fight it out" in court (i.e. the sides are "adversarial") and the side that has the strongest case, ideally, wins.

prosecutors

...

prosecutors role

Whether an individual who has been arrested by the police will be charged with a crime.
The level of the charges to be brought against the suspect.
If and when to stop the prosecution�this includes plea bargaining and the granting of immunity (typically i

many factors that influence the discretionary decisions made by prosecutors.

(a) the specifics of the crime/incident, (b) the law in question, (c) the quality of the police work and evidence collection and (d) the evidence the prosecutor has to work with at trial.(e) victim participation in the effort to prosecute, as it can affec

Why do you think "convictability" is so important to prosecutors?

the most important factor in deciding whether to prosecute is convictability, if there is sufficient evidence to get a conviction., 2) extralegal issues (although they should not). These include things like the age, race/ethnic background, social class, p

Public defenders

are court-appointed attorneys who are paid by the state to represent defendants who are unable to hire private counsel (called "the indigent"). Key cases affecting the appointing of attorneys to the indigent include Gideon v. Wainwright (1963)

In re Gault (1967).

In re Gault (1967) applied due process protections to minors � so with this decision minors were entitled to the same due process protections as adults and this includes the right to an attorney in a criminal trial.
"In re" is Latin and means "in the matt

Gideon v. Wainwright

In Gideon v. Wainwright the Supreme Court unanimously ruled that state courts are required to provide an attorney for defendants unable to afford their own attorneys.
Gideon only applied to felonies, but about 10 years later the case of Argersinder v. Ham

Defense attorney

are lawyers representing the defendant - they can be publicly appointed or privately hired by the defendant.

The role of the defense attorney

Lawyer representing defendant (public or private hire)
� Quality of defense counsel is typically lower when the state appoints attorney.

What does parens patriae refer to again?

Parens patriae or "parent of the nation" refers to the responsibility the state assumes for juveniles in society, including those charged with a crime, abused or neglected or orphaned.

Initial appearance

The first appearance of the accused before a judge or following arrest. Defendant is:
o Informed of the charges
o Advised of right to counsel
o Told bail amount
o Date of preliminary hearing

If bail is assigned, the amount of bail must be balanced against the 8th amendment requirement that "excessive bail" is not imposed.

fact

One of the most common pretrial release options is "release on own recognizance" without any bail.

he court returns the accused to the community at no cost with the understanding that he or she will return at the time of trial. This is a discretionary option the judge has. This option is often used when the defendant is not at risk to "jump" bail and d

Bail

Monetary deposit assigned during initial appearance to guarantee accused with show in court. Bail can be denied.

Preventive detention

Retention of accused person due to fears that he/she will committee crime if released before trial (bail can be denied if risk is high)

Preliminary Hearing

Initial hearing in which a magistrate judge decides whether probable cause exists to believe that the defendant committed the crime at which they have been charged.

purpose of both the preliminary hearing and grand jury hearing is to determine if there is probable cause to allow the case to go on to trial,

fcat

Currently, there is not a single state that has met the standards developed by the American Bar Association for the appointment, performance, and compensation of counsel for indigent prisoners.

fact

approximately 90 percent of capital defendants cannot afford their own attorney and you are many times more likely to receive a death sentence if you have a public attorney as compared to a private attorney.

fact

Discovery

...

Grand Jury hearing

Occurring before grand jury (group of citizens called to decide whether probable cause exists)

Information

If jurisdictions can show probable cause

Indictment

Both information and indictment formally charge defendant.

Arraignment

Court proceeding in which the suspect us formally charged with criminal offenses stated in indictment/information; the suspect enters a plea at this point.

Plea Bargaining

Accused and prosecutor work to a mutually satisfied conclusion to case, subject to court approval. (crucial in operations of CJ systems)guilty, not guilty and no lo contendere

Motives for Plea Bargaining

� Prosecutor: less risk, less state cost, guarantee conviction
� Defense attorney: often a plea barging is best they can do
� Defendant: less risk, gives measure of control over fate

A bench trial

is a trail in which a trial that is conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence. So you can see that the vast majority of serious cases handled by the justice system are resolved via plea-bargai

Voir dire

Process involving questioning of potential jurors to try to determine if they are biased in some way.
� Challenge for cause
� Peremptory challenges

The arraignment is a court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment/information; the suspect enters a plea at this point.
There are three pleas that a person can enter during the arraignment.
R

The three options are guilty, not guilty and no lo contendere, which is "I will not contest it" or "no contest

challenging

there are two types of challenges: (1) challenges for cause if a defense attorney or prosecutor can show that a prospective juror is unfit to serve they can request that the person not be included on the jury and (2) peremptory challenges gut feelings the

Batson v. Kentucky (1986),

This was deemed Unconstitutional by the Supreme Court with the case of Batson v. Kentucky (1986), but there is substantial evidence to suggest that the practice still continues today.

Know all the trial procedures and outcomes

1) Opening Statement
2) Presentation of Evidence
a. Plaintiff. State presents evidence
i. Testimony: verbal evidence under oath
ii. Direct evidence: evidence that establishes existing facts
iii. Circumstantial evidence: indirect evidence, establishes like

Hung Jury

Jury whose members are irreconcilably divided and cant reach verdict
Allen charge

Allen charge

is an instruction by a judge to a deadlocked jury with only a few dissenters to return to deliberations and, specifically, it asks the jurors with the minority opinion (whether for the defendant or against) to reconsider the majority opinion.

Retribution

the philosophy that those who commit criminal acts should be punished based on the severity of the crime to "balance the scales" of justice. It represents societal "revenge" on the offender.

deterrence

refers to the strategy of preventing crime through the threat of punishment. The deterrence philosophy assumes (most research concludes wrongly) that potential criminals will weigh the costs of punishment versus the benefits of the criminal act (called a

rational choice theory

it assumes that people make decisions rationally, carefully considering the costs and benefits of each decision before doing it.

Incapacitation

a strategy for preventing crime by detaining wrongdoers in prison in order to prevent any future offending (i.e. "warehousing" offenders).

rehabilitation

philosophy proposes that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished (however, incarceration and/or other forms of punishment may be part

examples that are appropriate, common rehabilitation

Education in prison, either academic (e.g. GED; college) or skills-oriented
Court-mandated drug and alcohol counseling/ treatment
Anger-management counseling/other psychological help
Sex offender treatment
Assistance with job placement upon release

Indeterminate sentencing

results in an imprecise term of incarceration in which a judge determines the minimum and maximum terms of imprisonment (e.g. three to nine years). Indeterminate sentencing is more consistent with the rehabilitation philosophy as the length of sentence pa

parole board

which is generally 5-7 people with relevant qualifications, decides whether the offender is ready to be released or if they need to spend more time inside.

recidivism risk assessment models

assess the risk posed by each offender. While these models are of course imperfect, they generally weigh several factors known to predict recidivism.

Mandatory sentence

require people who are convicted of certain crimes (sometimes with certain priors) to serve some time in prison � i.e. probation is not an option. The length of sentence imposed may be indeterminate, but often it is fixed

good time

refers to policies that allow a reduction in time served by prisoners based on good behavior, conformity to rules, and other positive actions

What are some of the potential benefits of good time laws? Put yourself in the shoes of a prison administrator or guard when considering this.

(1) they promote discipline within a correctional institution, (2) they encourage prisoners to participate in their own rehabilitation, and (3) they reduce prison overcrowding and costs to tax payers

habitual (or repeat) offender laws

vary greatly in scope and sentence length by state, central to consider with respect to "three strikes" polices is what is considered a "strike" (i.e. what is an eligible offense) and what is considered "out",2/3 of California's 3rd strike convictions wer

truth in sentencing laws.

commonly requires convicts, or certain types of convicts, to complete the vast majority of time sentenced (at least 85 percent is common) prior to parole eligibility. The laws eliminate or highly restrict "good time" policies.

stats

United States prison population has almost tripled in the last 30 years,This means that more than 1 out of every 100 American adults is currently in prison or jail. For industrialized countries, this is the highest rate of incarceration in the world.

multiple reasons for the massive increase in our prison population over the last three decades.

1) The sentencing changes associated with drug offenses 2) mandatory minimum sentencing laws, truth-in-sentencing laws and similar "get tough" sentencing policies (3) increasingly passed laws against (i.e. "criminalized") behaviors that were criminal but

rates of imprisonment,

this standardizes the figures for population size) the only industrialized country that is even close to the US in terms of imprisonment rate is Russia (628 per100,000 to our 750 per 100,000).

demographics

the prison and jail populations are disproportionately composed of males, racial and ethnic minorities, people aged 20-30 and the poor.

he racial/ethnic (and poor) incarceration disparity

One in three African American males will go to prison
One in six Hispanic males will go to prison
One in seventeen white males will go to prison

major expenses that the public funds via taxes

(1) health care; (2) elementary and secondary education; (3) higher education (colleges and student aid) and (4) transportation services like bus/rail service and road maintenance

incarceration pattern

not a good predictor of the crime rate in society.,Not to say that there is no effect,show that rising incarceration levels are not clearly associated with decreasing crime rates

suggests the crime/violence drop

(1) increased median age; (2) growth in the Hispanic population via immigration; (3) legalized abortion in 1973; (4) more police on the streets and shifts in policing strategy; and (5) selective long-term incapacitation of the riskiest offenders.

property crime peaks (is most likely) around age 16 and violent crime peaks around age 18 and after these ages crime tends to steadily drop.

iand(1) increased median age; (2) growth in the Hispanic population via immigration; (3) legalized abortion in 1973; (4) more police on the streets and shifts in policing strategy; and (5) selective long-term incapacitation of the riskiest offenders.

ncreasing median age is almost certainly responsible for decreasing crime and violence in the United States since 1993

decreasing property crime since the early 1970's, increasing Hispanic population in the United States, the legalization of abortion in 1973.substantial additions to the police force in the 1990sthe selective incapacitation of high risk/high frequency offe

What types of factors (i.e. variables) do you think are used to assess recidivism risk? HINT: most of these are the same variables used by the key criminological theories discussed earlier in the term.

Key factors that are included in recidivism risk assessment models are the offender's criminal history; previous education and employment, and their current efforts in these areas; family, marital and similar bonds; current peers (e.g. is the offender ass

Determinate sentencing

esults in a fixed period of incarceration that is attached to a particular offense/situation (e.g. first time offender, armed robbery, 10 years). This sentence cannot be substantially reduced (or increased) by a judge regardless of whether the judge think

diversion

refers to a strategy of diverting offenders who qualify (typically less serious, younger, etc.) away from prison and jail and toward some form of "community-based sanctions.

Community-based sanctions

formal punishments that allow offenders to serve their punishment in the community rather than jail or prison. Common community-based sanctions include probation, home confinement, electronic monitoring and day reporting centers.

Probation

criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned, so long as she or he follows certain conditions set by the court.

Crime U" effect).

This also keeps minor offenders out of contact with more serious offenders in jail or prison, which might have the effect of turning minor offenders into serious offenders

electronic monitoring,

technique of probation supervision in which the offender's whereabouts, though not his or her actions, are kept under surveillance by an electronic device

Home confinement

Curfew requires offenders to be in their homes at specific hours each day, usually at night.
Home detention requires that offenders remain home at all times, with expectations being made for limited circumstances like education, employment or counseling.

Day reporting centers

are a community-based corrections center to which offenders report on a daily basis for purposes of treatment, education, and incapacitation.

Parole

is the conditional release of an inmate before his or her sentence has expired; the remainder of the sentence is served in the community under the supervision of correctional (parole) officers, and the offender can be returned to incarceration if he or sh

work release or furlough

the temporary release from a prison for purposes of vocational or educational training, to ease the shock of release, or for personal reasons

Reintegration

a goal of corrections that focuses on preparing the offender for a return to the community unmarred by further criminal behavior.