The history of the police agencies can be trace back to the 1630s, during this time the earliest colonists use the English style of policing. The civic duty for all citizens was “watch and ward” this offered no training or pay, it was the responsibility of the citizens to monitor the behavior of community members. Policing relied heavily on community consensus and the willingness of citizens to assist in capturing criminals (Wilbur, 2000). Sheriff’s Posses and constables were consisting of able-bodied men, because their service was liable. The collection of taxes and the supervision of election was the responsibility of the county sheriff. The night watchmen were in charge of looking out for suspicious activities and at times conducting weather reports (Wilbur, 2000).…
Law enforcement in the United States have three levels of law enforcement that are local, state, and federal who have tasks every day , but their functions are somewhat distinct. Their main purpose of their daily objective is to serve and protect all citizens from any harm, and they also enforce all laws to people violating them as well. Because each agency has their distinct aspects in their work, this paper will provide a detailed summary of the local, state, and federal law enforcement, and a summary of possible future changes in laws and the impact these changes will have on policing.…
While whites who have done nothing wrong generally have little need to fear constitutional violations by the police, this is decidedly untrue for blacks. Blacks attract undesirable police attention whether they do anything to bring it on themselves or not. This makes "driving while black" a most unusual issue of constitutional criminal procedure: a search and seizure question that directly affects a large, identifiable group of almost entirely innocent…
Today, there are two main competing models of justice, the Due Process Model, and the Crime Control Method. The Due Process Model (DPM) is known as obstacle course justice with an ideology that relies on the formal structure of the law and legal guilt. The DPM’s primary goals are to protect the due process rights of the accused and limiting the powers of the state. It runs completely with an underlying assumption of innocence, making it not so effective at all times. The Crime Control Method (CCM), on the other hand is known as assembly line justice. It has an ideology that centers on efficiency and effectiveness of the system and factual guilt. The CCM’s primary goals are to protect society from crime and to control the behavior of the community. This process uses and informal fact finding process through the police and prosecutors. Also contrary to the DPM the CCM operates under a presumption of guilt. The CCM of justice is focused on detaining the accused and securing convictions, making it very effective in preventing crime however somehow you have to step on some toes. These two models and methods occur all the time in the criminal justice system we see today, and there is much controversy behind which process should dominate. In 1984 Sherman and Berk published their overall case study on “The Specific Deterrent Effects of Arrest for Domestic Assault”. This study supported a more CCM ideology of justice. However in 1988 Binder and Meeker published an article critiquing the methods and conclusions of the original study, offering a counterpoint.…
Exclusionary rule was needed to deter police misconduct. Many police agencies will use warrantless evidence and use that against a person. That is the reason exclusionary rule was created was to stop law enforcement obtain illegally obtain it. It can also be called as “fruit of the poisonous tree”. Exclusionary rule also has a loophole known as good faith exception, that way in courts both these rules balance out each other.…
I am requesting that you be included among my approved visitors. In order to establish your suitability as a visitor, it may be necessary for institution officials to send an inquiry to an appropriate law enforcement or crime information agency to ascertain whether or not placing you on my visiting list would present a management problem for the institution, or have other possible adverse effects. The information obtained will be used to determine your acceptability as a visitor. The Bureau of Prisons’ authority to request background information on proposed visitors is contained in Title 18 U.S.C. § 4042. In order for you to be considered for the visiting privilege with me, it will be necessary for you to fill out the questionnaire and release form below and return it to the following address: (Institution address). You are not required to supply the information requested. However, if you do not furnish the information, the processing of your request will be suspended, and you will receive no further consideration. If you furnish only part of the information required, the processing of your request may be significantly delayed. If the information withheld is found to be essential to the processing of your request, you will be informed, and your request will receive no further consideration unless you supply the missing information. Although no penalties are authorized if you do not supply the information requested, failure to supply such information could result in your not being considered for admittance as a visitor. The criminal penalty for making false statements is a fine of not more than $250,000 or imprisonment for not more than five years or both (See 18 U.S.C. § 1001). Sincerely, 1. Legal Name 4. Telephone Number (Including Area Code) 6. Are you a U.S. Citizen? Yes No 2.…
There are many types of criteria that can be evaluated for a variety of different organizations such as: prior contributions, administrative rule, private contracts, professional discretion, judicial decision, attachment to the workforce, and means testing which are only specific to eligibility rules as there are many forms of benefits and services which are only specific criteria to benefits and services such as stigmatization, target efficiency, trade-offs, cost-effectiveness, substitutability, coerciveness/intrusiveness. Some criteria specific to eligibility rules such as over-/underutilization, overwhelming costs, off-targeting benefits and stigma/alienation are criteria specific benefits which are considered special problems that work against the achievement of a functional policy and programs and definitely work against adequacy, equity, and efficiency.…
Examine the felony murder rule: discuss some of the problems associated with it. What problems do you think were involved in the case of Brandon Hein?…
Although crime control and due process have some similarities, there are more contrasts between the two. Crime control emphasizes crime prevention, whereas due process emphasizes the protection of citizen’s rights from mistakes made by criminal justice agencies. The ethical dimensions of key issues confronting the criminal justice system and private security concerning to due process and crime control are citizen’s rights, proper legal representation, as well as physical force, when to use deadly force, and deceptions. The private security industry also faces key ethical issues regarding the lack of training, in addition to violations of rules and regulations.…
One police officer can make a decision that will affect their lives, their communities and of course damage the reputations of other officers. Police officers have a “crime fighter image” from popular television shows. Citizens in America expect police officers to solve crimes fast and make their lives easier to manage. We know that most of their job consists of peacekeeping and order maintenance. Whether you are a Chief of police of a small police department or a large police department you need to enforce a policing style that reflects you ‘all as an organization. There are three main strategies that police use when enforcing laws Zero-Tolerance police, community policing and problem-oriented policing. In New York, Police Commissioner William Bratton and Mayor Rudolph instituted Zero- Tolerance policing in 1993. Zero-Tolerance…
Now over time the Supreme Court has looked at the exclusionary rule a number of times and as the supreme court became more conservative in the 1970s and the 1080s, they began to carve out exceptions to the exclusionary rule. The classic exception come from a case called United States verses Leon, and it is called the "good faith" exception. What that means is if the police officer obtains evidence in a good faith belief that they have complied with your constitutional rights, that evidence can still be used against you even if we later find out that there was a problem with the search and seizure. So if the police go to a judge, obtain a warrant, search your home and find drugs, they find out a week later that there was a problem with the warrant and that technically it was an illegal search. The drugs still come in against you because the officers acted in a good faith belief that they had played by the rules. The Supreme Court has repeatedly said that the exclusionary rule is to prevent us against rogue police officers not against clerical errors or errors on behalf of the…
There have been ongoing debates about the guidelines for police officers when conducting discretionary searches. One police department that has been in the headlines for its practices of discretionary searches have been the New York City’s Police Department. New York City’s Stop and frisk policy allowed police officers to stop and search an individual on the street at their discretion based on suspicion of criminal activity. One of the most highly publicized cases of NYPD’s stop and frisk tactic was the 2014 death of Eric Garner in the hands of Staten Island Police Department. The Eric Garner’s case followed outpours from citizens calling for change in NYPD’s stop and frisk guidelines and other police departments as well. This week’s article…
The exclusionary rule is the best legal tool that is used to regulate the police but it confuses the rest of the criminal justice system (Stuntz 1). It is set up as a separation-of-power principle with local governments. The warrant issuing process is what is used to keep the police from invading the privacy of an individual (Lynch 4). If the exclusionary rule was not in effect the police would rarely go through the process to get search warrants and would use the evidence found rummaging around a persons home, vehicle, or even the individual themselves, without his or her permission searching for something that could possibly incriminate them (Lynch 4).…
Police discretion is the ability to choose a course of action because of broad limits of power. It "refers to the autonomy an officer has in choosing an appropriate course of action" (The Police In America, 113). It "includes authority to decide which of the various means of helping the helpless, maintaining order, and keeping the peace are best suited to particular circumstances" (www.worldandi.com/specialreport/1989/january/Sa15878.htm). The police need to have discretion since it is impossible to record everything on what they are supposed to do and not do. We can also understand that if you could record all the rules and regulations it would be too extensive for an individual to comprehend.…
Herbert Packer, a law professor at Stanford University, created two models, the crime control model and the due process model, to represent the two competing systems of values within criminal justice. Both the Due Process and Crime Control Models have constitutional values that benefit all branches of the criminal justice system, individuals working within the system, and society. However, there is still an ongoing dispute as to which model is better for the criminal justice system. Most people tend to lean one way or the other based on whether they are liberal or conservative.…