CCJ 3024 – The Criminal Justice System
Department of Criminal Justice
Florida International University
Instructor: Andrew Cofino; email@example.com
Class Meetings: 01/07/2013 – 04/15/2013; TUESDAY 7:50PM – 10:30PM; PG5 MARKET STATION 155
Required Readings: INTRODUCTION TO CRIMINAL JUSTICE; Siegal, Worral; 14th Edition
Grading: Your final grade will be an average of all exams along with any extra credit factored in.
Incomplete Grade: An incomplete grade is a temporary symbol given at the discretion of the instructor for work not completed because of serious interruption not caused by the student’s own negligence. To be eligible, written documentation must be provided. The student also must have successfully completed half of the coursework with a passing grade. An incomplete must be made up as quickly as possible, but no later than two consecutive semesters after the initial taking of the course or it will automatically default to an “F” or the grade that the student earned in the course. There is no extension of the two semester deadline. The student must not register again for the course to make up the incomplete. Students who have incomplete grades on their records must remove the incomplete by the end of the fourth week in which they plan to graduate. Failure to do so will result in a cancellation of graduation.
Student Misconduct: FIU is a community dedicated to generating and imparting knowledge though excellent teaching and research, the rigorous and respectful exchange of ideas, and community service. All students should respect the right of others to have an equitable opportunity to learn and honestly to demonstrate the quality of their learning. Therefore, all students are expected to adhere to a standard of academic conduct, which demonstrates respect for themselves, their fellow students, and the educational mission of the University. All students are deemed by the University to understand that if they are found responsible for academic misconduct, they will be subject to the Academic Misconduct procedures and sanctions, as outlined in the Student Handbook.
Extra Credit: Extra Credit is offered in only one format: a 3-5 minute oral presentation on any topic in Criminal Justice. In order to receive credit, the student must show at least two separate sources of research used in the preparation of the presentation. The assignment may be completed at any time before the last exam, and is worth one grade level “bump.” Thus, if your final average is a C-, you will receive a C for the course, if you successfully complete the extra credit. Students may only give 1 presentation.
1/7 Class Intro, Syllabus Review, Course Overview
1/14 Chapter 1: The Nature of Crime, Law, and Criminal Justice
1/21 Chapter 2: The Nature and Extent of Crime
1/28 Chapter 3: Understanding Crime and Victimization
2/4 Chapter 4: Criminal Law; Substance and Procedure
2/11 TEST 1 (Chapters 1 – 4)
2/18 Chapter 5: Public Policing and Private Security
2/25 Chapter 6: The Police; Organization, Role, and Function
3/4 Chapter 8: Police and the Rule of Law
3/11 NO CLASS – SPRING BREAK
3/18 TEST 2 (Chapters 5, 6, & 8)
3/25 Chapter 9: Court Structure and Personnel
4/1 Chapter 10: Pretrial and Trial Procedures4/8 Chapter 16: Crime and Justice in the New Millennium
4/15 Extra Credit Assignments are Due
4/22 TEST 3 (Chapters 9, 10, & 16) @ 7:15 – 9:15PM @ PG5 MARKET STATION 155
Visit https://sites.google.com/site/acofinofiucj/ to view the syllabus and access the recaps.
So, we have all these criminal laws, written down in statute, with attorneys and judges all ready to prosecute and decide cases, but who actually goes out there and watches out for people breaking these laws? The police. There are two types of policing: public and private. Public is the one we all know and love. Blue and red flashing lights. Guys with handcuffs. Pointy hats. Private we may not necessarily know a whole lot about. We may have seen them in malls and parking lots, but they’re actually in a lot more places than you think.
Back to Public, though. Yes, the uniforms and pointy hats (they still wear them sometimes), but there are 4 broad categories of which you will find public policing: Federal, State, County, Local. Whats the difference between all of them? The biggest broadest difference is where they can go to find bad guys. They all have rules as to how far they can go. By go, I mean jurisdiction, and no single agency has unlimited jurisdiction.
The Federal system has different Departments that direct various law enforcement agencies: Department of Justice and the Department of Homeland Security are the two big ones. Just by their names you can pretty much guess which agencies you’ll find under them. Under Homeland Security, your gut reaction should be to think terrorism. Well, where do terrorists live, mostly? Out of the country. Therefore, you will find DHS people around borders, airports, ports, generally. Any place that processes people coming in or out of the country. Next time you are at the airport, look around. One of those people could be a terrorist with a stolen passport trying to sneak in.
The Department of Justice, headed by the US Attorney General, pretty much covers the rest of it. Drug offenses, violent crimes, financial crimes. They do it all. The biggest agency, the one most other agencies try to be like, is the Federal Bureau of Investigation. The FBI has been so effective , it was run by the same guy, J Edgar Hoover, from 1924 until his death in 1972. It maintains liaison offices in other countries, and is purely an investigative agency, as in, it does not patrol or respond to calls for assistance from the public. The FBI, as big and bad as it may be, though, does not have jurisdiction over all federal and state laws. At a certain point, it ends, and other agencies begin.
For instance, ATF and the US Marshalls. ATF handles, specifically, alcohol, tobacco, and firearms (as well as explosives). Marshalls, the oldest law enforcement agency, handles prisoner transport, fugitives, and court room security for the federal government.
Back to DHS, you have Customs and Border Protection (pretty self explanatory), and the Secret Service, who protect the president and investigate crimes involving financial institutions like banks and credit card companies.
Apart from Federal, you have Local, County, and State police. Local police make up the majority of the nation’s authorized law enforcement personnel. The County, usually known as the County Sheriff (Think BSO) started from the early Shire Reeve, whose primary duty was to assist the royal judges in trying prisoners and enforcing sentences. Remember we talked about the traveling judges and how their sentences were considered common law, as in commonly applied law, and then they eventually started writing down their decisions? Yea, well the Shire Reeve, later known as Sheriff, assisted the judges to carry out sentences.
So what about private police? Probably better known as private security, range from the men and women you see at schools, malls, parking lots, to the guys you see with celebrities, athletes, in stadiums, arenas, with CEOs, and the men and women hired as internal fraud investigators for banks and other major companies. These people, however, are mostly concerned with loss prevention, rather than breaking of criminal laws. Nonetheless, they help prevent the breaking of criminal laws. Their job is important to criminal justice.
Criminals fully embrace technology to commit crimes, thus, law enforcement fully embraces technology to investigate crimes and enforce the law. From identifying criminals to locating criminals to crime scene investigation; technology assists in various ways. Data mining is using computer software to conduct analysis of behavioral patterns in an effort to link open cases to known perpetrators. What does that mean? They can run a search of all open cases and pull each one that used a crowbar or involved a shotgun or involved a home invasion on a senior citizen between the hours of 4-6. It tracks patterns of crimes. Data mining is an cutting edge method of identifying criminals.
What about crime scenes? Well, typically, investigators show up and observe everthing they can observe and collect everything they collect, and write down what they found and take pictures and then go back to the office and try to make sense of all of it. Traditionally, though, once you left the scene, that’s it, you probably never see it the same again or see it at all again. High Definition surveying though, allows crime scene investigators to create a three dimensional virtual version of the crime scene on a computer and recreate everything that happened. It also allows you to see the scene from angles other than a person just standing nearby.
DNA is a big part of the benefits of technology assisting criminal justice system. DNA profiling allows suspects to be identified on the bases of genetic material, every US state maintains a DNA database of convicted offenders, and DNA fingerprinting is used as evidence in criminal trials in many states.
Local, County, and State police agencies use uniformed patrol officers (the backbone of the police department) to deter crime through police presence, aid individuals who cannot help themselves, and facilitate the movement of traffic and people. Patrol is so relied upon, there are various programs and policies to improve patrol effectiveness, such as rapid response (strategically placing officers so police can get to calls quickly), Targeting specific crimes (part of proactive; aggressive: focuses on a specific crime, like gun offenses), and aggressive patrol (taking initiative to prevent crime instead of waiting).
Broken windows policing is also another effective model. It focuses on neighborhood disorder and quality of life crimes. This model sees the role of police as maintainers of community order and safety. This is different from the Procedural Justice model, where making decisions that are viewed as fair is what is considered the key to preventing and controlling crime. If you treat citizens with dignity and respect, this will positively affect their cooperation with law enforcement and society in general.
Another way to deal with low level crimes, specifically victimless crimes (drugs, prostitution) is to assign a squad of police officers to only work those types of cases. These squads, typically called vice squads, are constantly trying to improve the quality of live in an area by ridding it of the very behavior widely considered to be low quality of life crimes (drugs, prostitution).
Quite frequently, bad guys commit crime and then vanish into the night. Does the criminal justice system just let these people go? No. Do police departments just “Well done. You win, bad guy.” No they do not. Instead they assign investigative departments to track down and bring the bad guys to justice. They do so by employing Specific Focus (interview witnesses at scene, gather evidence from scene), General Coverage (canvass neighborhood, interview friends and family), Informative Data gathering (phones, internet). Sting operations are also used to deceive criminals into openly committing illegal acts. Controlled buys of drugs, stolen goods, etc.
Community Policing programs are designed to bring police and the public closer together and create more cooperative environment between them. Community policing involves foot patrol, getting officers out of the car, and letting officers develop relationships with members of the community. Productive interaction with the community is what makes community policing effective.
Problem Oriented Policing is also a very effective approach. It stresses proactive problem solving instead of reactive fighting. Hot spots of crime approach means focusing law enforcement on the areas where crime is most commonly occurring. The problem with concentrating law enforcement is that it creates a displacement effect where the criminals simply relocate to a different place because of where law enforcement is situated.
What is Intelligence Led Policing? ILP is allowing the intelligence end product dictate police decisions. What does this mean? It means we let intelligence analysts study the areas we have to control and let them suggest, based on what has already happened in that area, how to combat crime. Intelligence is information collection, sharing, collaboration, and also analysis.
There is tactical intelligence and strategic intelligence. Tactical intelligence is all about studying everything you can study in order to be able to apprehend targets, harden targets, and use strategies that will eliminate threats. Strategic is about studying everything you can in order to create policies, procedures, and contingency plans for any type of situation.
Once law enforcement makes contact with the public (whether they know it or not; at times, law enforcement collects information about people without them knowing), certain rules and procedures dictate what law enforcement can and cannot do. Certain things law enforcement can do to people: detain, pat down, search, and seize. Each of those actions takes it own set of rules. When law enforcement suspects you have committed a crime, the procedural method they use to gather evidence against you is searching you or places for that evidence. Legally, A search is a government actors infringement on a persons reasonable expectcation of privacy, and therefore, certain rules must be followed in order for the results of the search to be used at trial.
Searching can be of your person, your car, or your house. It may extend pass your immediate house onto your cartilage, which is any unoccupied or undeveloped real property outside the grounds attached to a home.
Once law enforcement has “enough” that they feel comfortable they can mount a case against you, they will place you under arrest. An arrest occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense. For example, you get pulled over for swerving. When the officer goes to ask for your drivers license, registration, and proof of insurance, he smells a strong odor of beer. You have been drinking beer because you love it, and you were on the way to buy more beer, because, again, you love it. The officer did not see you drink the beer, but the odor and the swerving makes him suspect you did. He may now ask you to step out of the car and submit to some exercises which would demonstrate your intoxication. These exercises measure your ability to maintain balance, coordination, and basic thought processes. If you fall on the floor and ask provide your name when asked for your address, this will probably give the officer sufficient evidence to be able to arrest you for Driving Under the Influence.
If the evidence necessary to mount a case against you exists in your home, there are rules that protect you in your home. Law enforcement cannot just walk in and search (apart from a few exceptions). In order to be able to legally go into your home, law enforcement must get a search warrant signed by a judge. The evidentiary requirement, or threshold necessary for a warrant, is called probable cause. As in, the evidence shows the house probably has evidence in it, or the suspect probably committed the crime. It is not “definite cause” it is probable cause.
Search warrants are written documents submitted to the judge for them to review. The warrant will have most of the case background in it and must be specific as to how and what law enforcement will search. The warrant must be particular. Once the judge believes probable cause exists and is represented in the warrant, they will sign it and law enforcement will serve it. The must serve it with a few requirements: Knock and Announce, Keep property damage to a minimum, Use appropriate force, pay attention to crime restraints, limit the scope and manner of searches, and no reporters allowed during the execution of the warrant.
Despite all these rules, some rules are designed to give law enforcement a little more liberty in how they interact with the public. The stop and frisk, where the officer may pat people down if they believe the person is acting suspicious is justified by the need for crime prevention and detection, and the need to protect the officer. After all, there are bad people, and this rule is crucial in keeping officers safe and preventing crime.
There is such thing, though as a justified and legal search of a house (or other private property) without a warrant. Exigent circumstances, such as hot pursuit of someone suspected of committing a crime, danger of escape, threats of the destruction of evidence (flushing drugs), and threats to others (person is suicidal or refuses to get arrested alive and may take a hostage) may justify entering a house without a warrant.
Once the officer arrests the person, the officer must read them what is known as Miranda rights (Miranda comes from the case, Miranda v Arizona, which made it mandatory to read the rights). These rights include the right to remain silent, anything the person says will be used against them in a court of law, the right to an attorney, if the person cannot afford one, one will be provided for them.
Sometimes collecting evidence may not be so easy and sometimes probable cause must be reinforced upon arresting the individual. There is a procedure called a lineup, where a witness is brought in and tested to see if the witness can pick the suspect out of a group of people who look similar to them.
So we have all these rules, but what happens if a police officer breaks one of these rules? How do we keep whatever they find out of court? There is another rule, called the exclusionary rule, which mandates that any evidence improperly obtained cannot be used in trial to determine guilt, apart from a few exceptions: good faith exception and inevitable discovery. That’s right, not all evidence obtained technically illegally must be held out.
After reading all of this, I hope you understand there are exceptions to almost every rule associated with criminal procedure. Even Miranda. The evidence known as testimony and words. Law enforcement can avoid having to read Miranda if there is a public safety concern. As in, if there is a gun around that the suspect stashed, or a bomb about to go off, the police may ask the suspect questions without having to read rights.
**3 Points have already been added to your score.**