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Causes of crime
- Greed
- Personal Satisfaction
- Passion
- Choice
- Opportunity
- Biological
- Environment
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Becker’s Model of deterrence – problems
associated with it
- Potential criminals are rational
- utility maximizers (use all information available in making choices)
- Potential criminals know the
- likelihood of getting caught
- If the benefit of the crime outweighs
- the costs, then the crime is committed.
- Problems:
- Not all criminals use information.
Hard to weigh benefits.
Criminals have to actually perceive a risk of being caught and prosecuted.
Domestic Violence goes against all parts of theory
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Crime prevention triangle
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Nagin’s reasons for being skeptical about effectiveness of deterrence programs
- We know little of the long term effects of policies.
- We know relatively little about the process of how perceptions of risk are formed.
- The impact of particular policies depends upon how they are implemented.
- Laws and policies are not always implemented as intended.
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Role of police dictates specific policies
Reduction of officers has changed the role of police, municipal departments provide biggest range of services
§ Enforcement
§ Service Delivery
§ Order maintenance
§ Prevention of Crime
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What guides proper use of police discretion?
Clearly articulated policy based on legal mandates (Miranda Warning)
Clearly articulated procedures (Warrant arrests, processing of evidence)
Formal training with in-service updates. (Force continuum)
Strong Supervision ( Field Training Officer)
Experience and common sense (Traffic stops, selection and training)
Investigation of abuses (Fatal force, Abuses of discretion)
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What impacts police policy?
- Legislation
- State Constitution/ County & Local ordinances
- Community needs
- Agency Leadership
- Special Interest Groups (MADD- Super DUI)
- Local Politics
- Criminals
- Economics
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Traditional measures of police effectiveness (strengths & weaknesses)
- # of complaints handled
- # of arrests
- Clearance Rate (# of reports closed by arrest)
- Response Time
- Increase/Decrease in overall crime
- Citizen’s Fear of Crime
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Four components of problem-oriented policing
- SARA Model
- “Hot Spots” – High Crime Areas
- Partnerships with government agencies and community to address social problems associated with criminal activity
- Civil Remedies
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Goals and objectives of Domestic Violence Policy
§ Protect victims and their children
§ Hold assailants accountable
§ Reduce domestic homicides
§ Establish arrest as the preferred response to domestic violence
§ Reduce police callbacks
§ Reduce injuries to officers
§ Reduce liability risks for the department
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Factors to consider and not consider in determining if enough PC to arrest...Consider
§ Statements by victim, assailant, children or other witnesses.
§ Information for dispatcher
§ Aggressive behavior by assailant.
§ Offensive or defensive wounds
§ Damaged or broken property in house
§ Weapon
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Factors to consider and not consider in determining if enough PC to arrest...Do Not Consider
- Lack of PPO
- Lack of FPO
- The fact that no arrests were made previously
- Victims unwillingness to prosecute
- Officer’s belief that there will be no prosecution
- Possibility of reprisals against victim
- Race, ethnicity, sexual preference, social class
- Negative consequences to the assailants status in the community
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Role of the Prosecutor
- Representative of the People (Elected)
- Protect society by adjudicating those that commit crime
- Have wide discretion what cases to prosecute and the specific charge
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Plea bargaining
Process by which the accused and the prosecutor in a criminal case work out a mutually agreed upon disposition of the case subject to court approval.
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Pro's of Plea Bargaining
§ Gives prosecutor greater flexibility in disposing of criminal caseload
§ Allows public defender more time to prepare for cases that are more trial worthy
§ Defendants generally receive lighter sentences on reduced charge & avoid uncertainties of trial
§ Conserves court resources such as judge and staff time, courtroom space, etc.
§ Provides victims with immediate closure
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Criticims of Plea Bargaining
- Subverts many of the values of the CJ System.
- Determination of guilt and innocence
- Trial by jury of peers
- Due process (burden of proof, rules of evidence)
- Becomes administrative decision of prosecutor
Allows defendants to get away with lighter sentence
Lessons deterrent effect of prosecution
May induce innocent people to plead guilty.
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Various policy approaches to plea bargaining
Total Ban
Identify steps in the adjudication process where “PB” is no longer an option
§ Prior to preliminary hearing
§ After preliminary exam
§ After closing arguments
Strict adherence to established policy
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Pro & con of the various approaches the author of text recommends to close “loopholes” in the criminal justice system
Closing Various Loopholes
§ Prosecute “career criminal”
§ Abolish insanity defense
§ Abolish plea bargaining
§ Restrict Appeals
§ Speedy Trials
§ Mandatory arrest for domestic violence
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Presumptive and discretionary sentencing guidelines
Presumptive
§ Purpose is to provide structure to the sentencing process. Presumption of fairness.
§ Limits the discretion of sentencing judge
§ Utilizes a grid to examine offender and the offense variables.
- Prior history
- Nature of the crime
- Age and maturity of the offender
- Impact of crime on the victim
- Probability of rehabilitation
- Work up by probation department
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Presumptive and discretionary sentencing guidelines
Discretionary
§ Allows wider judicial discretion to adjust the minimum sentence up or down.
§ Allows judge to take into consideration unique aspects of the crime
§ Criticized as allowing for abuse and creating disproportionate sentences based on race or other factors.
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Victims Rights. Types of Programs
Victims services (primarily financial compensation and counseling services)
Voice in the process – input into the PB process and formal statement in court at bail hearing, or at sentencing or parole hearings
Get tough on crime laws
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Victims Rights. Types of Programs. Criteria for evaluating effectiveness.
- Implementation
- Impact on crime victim
- Impact on criminal justice system
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