Criminal Justice Exam 2

10/26/2011 6:19:00 PM

Correlates of Crime: Age-Crime Relationship o Criminal Involvement declines with age (peaks: 15-24) Latent Trait Approach a. Age distribution of crime is invariant across social and cultural conditions b. Age has a direct effect on crime c. No factor can explain the Age-Crime relationship d. Individuals do not change latent trait; criminal opportunity changes (opportunities decrease with age). Self Control Theory: o Crime: An act of force or fraud undertaken in pursuit of selfinterest (or pursuit of pleasure) o Opportunity: The specific condition under which low self control most likely leads to crime o Self-control: The tendency of individuals to consider the long term consequences of their acts Focus played on early childhood socialization in the family which can cause low self control. Posits a single, one-dimensional trait of self control that persists through life course (developed age 5-8). o Characteristics of Low Self Control: 1) tendency to respond to tangible stimuli in immediate environment (immediate gratification). 2) tendency to lack diligence and persistence in the course of an action. 3) tendency to be adventurous rather than cautious. 4) embraces a preference for physical activity over mental activity. 5) tendency to be self centered and insensitive to the sufferings of others 6) have minimal tolerance for frustration and respond to conflict through physical means.

o Theory of Criminality Low Self Control X Opportunity = Criminal Behavior Definitions: o Adult Social Capital: Attachment to labor force and cohesive marriage. o Trajectories: sequences of roles/experiences o Turning Points: experiences associated with lasting shifts in trajectories. Positive: meaningful work Negative: heavy drinking, job instability Findings: o Social Capital and Turning Points are important in determining adult criminality. o Among delinquents, high social capital = low criminality o Among non-delinquents, low social capital = high criminality Life Course Approach o Multiple traits, including social, psychological, and economic cause criminality. o People change over the course of life. o Events and turning points are age-grated. Warrs age, peers, and delinquency o Does age have a direct impact on crime? he believes it does not, he thinks peers have the direct impact on crime o examines whether there was age differences in exposure to delinquent peers time spent with peers importance of delinquent peers persons commitment or loyalty to peers o found that age does not have an impact on delinquency once peer influences are controlled for age does not have a direct impact on delinquency age only impacted how much time the person spent with peers at age 11 95% of persons report no delinquent peers at 16 percentage dropped 40%

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at 18 only 25% of peers were not delinquent and Sampson Separate from early childhood experiences, can a person become criminal in adulthood? If adults can gain social capital they will be unlikely to be criminal Crime is higher when social control is low Social control differs over the life course Informal social control Attachment to labor force and cohesive marriage

Criminal Justice System Defintion: o Formal process established to apprehend, adjucate, sanction, and treat criminal offenders. o The main agencies and components responsible to enforce criminal laws --- police, courts, corrections. Stages/Process of justice: Police 1. Initial contact o proactive vs. reactive 2. Investigation 3. Arrest o Probable cause has been established o Police officer deprives person of freedom o Suspect understands he/she is not free to leave 4. Custody Courts 5. Charges o Complaint is filed in misdemeanor cases o Information or indictment in felony cases o Only grand jury can indict an individual 6. First appearance o Person is informed of charges, reminded of rights and bail is considered 7. Preliminary hearing/grand jury o Determining probable cause

o Grand jury if indictment, judge in other cases 8. Arraignment o Defendant is informed of charges, responds to charges (guilty, not guilty, no contest), informed of constitutional rights, and trial date is set 9. Plea bargaining o 90% of defendants plead guilty o defendant pleads guilty in exchange for considerations/concessions by the court 10. Trial/adjudication 11. Disposition 12. Treatment o What happens to the offender 13. Release o Majority serve entire sentence o Conditional release 14. Post release o Re-entry, majority return to state crime was committed in; re-entry back into society Police Functions of police: o Law enforcement/investigation Identify criminal suspects Investigate crimes Apprehend offenders Participate in trials o Patrol Non-crime calls for service Attendance at public gatherings Traffic direction and control o Order maintenance/peace keeping Maintain sense of community Promote civil order Community services Ex: dealing with public drinking, begging, vandalism, prostitutes, etc.

o Crime control/prevention Resolve conflicts/disputes Aid individuals in danger Helping those persons in need of assistance Police Selection Process: o Merit system o Officers employed under such a system are hired and tenured if they meet and maintain the employment qualifications and performance standards o Cannot be fired without cause Physical agility test Written examination Background investigation Psychological testing Oral interview o Final steps are: Academy training Probation, usually between 6 months and one year, which includes formal field testing o o o o

Police duties: o Patrol duties (backbone of department/most time-consuming) Responding to burglar alarms Investigating traffic accidents Caring for injured people Trying to resolve domestic disputes Responding to radio calls Preliminary investigations Attendance at public gatherings Benevolent and community services Arrest Traffic direction and control Court testimony o Detective Advantages Dont have to wear uniform They have anonymity during work hours if they choose They have steady work hours

They have offices and desks o Detective duties Incident report and preliminary investigation Evidence collection and processing Screening and case assignment Follow-up investigation File maintenance Clearance and arrest Police Issues o Making an Arrest 58% felony encounters Need probable cause/reasonable 44% misdemeanor encounters Need police witness of offense (direct info) Or written testimony/statement Factors that influence arrest Mobilization Reactive practice Complainant request Evidence Probable cause required Enough facts that would lead officer to believe person has committed crime Seriousness of the offense Intimacy (social distance between victim/offend) 45% arrests family members 77% friends/neighbors 88% strangers

Disrespect Confrontational attitude Threats to officers authority or control bad attitude Discrimination Discretion: the use of personal decision making when carrying out the operations of the CJS. o Police Corruption

Why is policing susceptible to corruption? Have authority to enforce/not enforce law Relatively low pay, but important responsibilities Police are cynical about courts soft treatment Society is ambivalent about vice Types of Corruption Knapp Commission of 1972 Grass Eaters: officers who occasionally engage in illegal and unethical activities o Examples: small favors, gifts, money, ignore crimes Meat Eaters: officers who actively seek ways to make money illegally while on duty o Examples: bribery, chiseling, extortion Controlling Corruption High moral standards Police policies and discipline Proactive internal affairs investigations unit Uniform enforcement of the law

Outside review and special prosecutors Court review and oversight o Police Use of Force Types of force Firm grip Compliance holds Batons/night sticks Pushing/shoving Kicks/punches Swarm Sprays/chemicals Taser Choke holds Shooting Force Facts Rarely used in motor vehicle chases

Officer is legally justified in using force to protect himself from attack or to subdue a suspect that is resisting arrest. Any force beyond is improper. Use force infrequently (1% of encounters) Usually occurs at lower end of force spectrum (grabbing, pushing, shoving) Small portion of officers are disproportionally involved in use-of-force incidents Unrelated to officers personal characteristics Factors Influencing Abuse of Force Jurisdiction City vs. rural Economic characteristics Level of violence in area Police workload Police stress Firearm availability in area Social variables Non-residents, transient population

Administrative policies/department Restrictive vs. non-restrictive policies Race Controlling Excessive and Deadly Force Supreme Court Fleeing Felon rule prior to 1985 (resisted arrest or try to flee/avoid arrest) Tennessee vs. Garner 1985 Defense of Life rule o use of deadly force to incidents where a suspect presented a clear danger to officer or public Graham vs. Connor o Reasonable standard-force is excessive when considering all the circumstances known to the officer at the time he acted

Training and Statute States have statutory policies Training Center Internal/External review boards Accountability via public review boards Investigations by police administrators Availability of nonlethal weapons Wood or rubber bullets, sponge round bullets, acoustic weapons Diversify police departments

Police Trends o Use of technology Computer aided dispatch programs Police dispatcher assisted by computer Establishes priority for response to calls Assists with details AVL devices (Automatic Vehicle Locaters) Laptop computer and radio devices in patrol car Online search and match capabilities o Community Policing (Community Oriented Policing Services) Community policing definition: A policing strategy and philosophy based on the notion that community interaction and support can help control and reduce fear, with community interaction and support can help control and reduce fear, with community members helping to identify suspects, detain vandals and bring problems to the attention of police. Components Proactive problem solving that goes beyond law enforcement/arrest to include fear and social disorders Community participation in assessing arrest, fear, and social disorders How community policing differs from traditional policing

Increases contact between police and community members Expands the duties/definition of police work Decentralizes police departments Emphasizes community involvement Types of community policing Problem-oriented policing Broken windows Advantages to community policing a. Frees the police officer from the anonymity of patrol cars b. Allows the officer to spend more time on crime prevention c. Increases positive public perceptions of policing and allows officers to directly engage the public in positive ways d. Decentralize police operations allows the officer more decision making power Disadvantages Lack of clarity in duties and responsibilities Lack of support from public Lack of cooperation Reduction in crime but no evidence of reduction in crime rates e. Police department implementation SARA Scanning: identify problems Analysis: understand underlying problems Response: developing and implementing solutions Assessment: determining the solutions effect a. b. c. d.

10/26/2011 6:19:00 PM

10/26/2011 6:19:00 PM