Causes of crime
- Personal Satisfaction
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.
- 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
Crime prevention triangle
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.
Role of police dictates specific policies
Reduction of officers has changed the role of police, municipal departments provide biggest range of services
§ Service Delivery
§ Order maintenance
§ Prevention of Crime
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)
What impacts police policy?
- State Constitution/ County & Local ordinances
- Community needs
- Agency Leadership
- Special Interest Groups (MADD- Super DUI)
- Local Politics
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
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
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
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
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
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
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.
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
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.
Various policy approaches to plea bargaining
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
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
Presumptive and discretionary sentencing guidelines
§ 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
Presumptive and discretionary sentencing guidelines
§ 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.
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
Victims Rights. Types of Programs. Criteria for evaluating effectiveness.
- Impact on crime victim
- Impact on criminal justice system