CHAPTER 3-4 Flashcards
Societal Type and Police System
- FOLK – COMMUNAL SOCIETIES
- URBAN – COMMERCIAL SOCIETIES
- URBAN – INDUSTRIAL SOCIETIES
- BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
- POST-MODERN SOCIETY
– which are also called primitive societies
FOLK – COMMUNAL SOCIETIES
– has little codification of law, no specialization among police, and a system of punishment that just let things go for a while without attention until things become too much, and then harsh, barbaric punishment is resorted to.
FOLK – COMMUNAL SOCIETIES
-Classic examples include the early Roman gentiles, African and Middle Eastern tribes, and Puritan settlements in North America
FOLK – COMMUNAL SOCIETIES
– which rely on trade as the essence of their market system
URBAN – COMMERCIAL SOCIETIES
-Most of Continental Europe developed along this path.
URBAN – COMMERCIAL SOCIETIES
– has civil law (some standards and customs are written down), specialized police forces (some for religious offenses, others for enforcing the King’s law), and punishment is inconsistent, sometimes harsh, sometimes lenient.
URBAN – COMMERCIAL SOCIETIES
– which produce most of the goods and services they need without government interference
URBAN – INDUSTRIAL SOCIETIES
– not only has codified laws (statutes that prohibit) but laws that prescribe good behavior, police become specialized in how to handle property crimes, and the system of punishment is run on market principles of creating incentives and disincentives.
URBAN – INDUSTRIAL SOCIETIES
-England and the U.S. followed this positive legal path.
URBAN – INDUSTRIAL SOCIETIES
– where the emphasis is upon technique or the “technologizing” of everything, with the government taking the lead
BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
– has a system of laws (along with armies of lawyers), police who tend to keep busy handling political crime and terrorism, and a system of punishment characterized by over criminalization and overcrowding.
BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
-The U.S. and perhaps only eight other nations fit the bureaucratic pattern.
BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
-Juvenile delinquency is a phenomenon that only occurs in a
BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
- where the emphasis is upon the meaning of words and the deconstruction of institutions.
POST-MODERN SOCIETY
OVERCRIMINALIZATION is the cause of
modernization
TYPES OF POLICE SYSTEMS
- COMMON/ COMMON LAW SYSTEMS
- CIVIL/ CIVIL LAW SYSTEMS
- SOCIALIST/ SOCIALIST SYSTEMS
- ISLAMIC/ ISLAMIC SYSTEMS
-are also known as Anglo-American justice, and exist in most English-speaking countries of the world, such as the U.S., England, Australia, and New Zealand.
COMMON/ COMMON LAW SYSTEMS
-They are distinguished by a strong adversarial system where lawyers interpret and judges are bound by precedent.
COMMON/ COMMON LAW SYSTEMS
are distinctive in the significance they attach to precedent (the importance of previously decided cases).
COMMON/ COMMON LAW SYSTEMS
-They primarily rely upon oral systems of evidence in which the public trial is a main focal point.
COMMON/ COMMON LAW SYSTEMS
- are also known as Continental justice or Romano-Germanic justice, and practiced throughout most of the European Union as well as elsewhere, in places such as Sweden, Germany, France, and Japan.
CIVIL/ CIVIL LAW SYSTEMS
-They are distinguished by a strong inquisitorial system where less right is granted to the accused, and the written law is taken as gospel and subject to little interpretation.
CIVIL/ CIVIL LAW SYSTEMS
are founded on the basis of natural law, which is a respect for tradition and custom. The sovereigns, or leaders, of a civil law system are considered above the law, as opposed to the common law notion that nobody is above the law.
CIVIL/ CIVIL LAW SYSTEMS (Romano-Germanic systems)
-are also known as Marxist-Leninist justice, and exist in many places, such as Africa and Asia, where there had been a Communist revolution or the remnants of one.
SOCIALIST/ SOCIALIST SYSTEMS
-They are distinguished by procedures designed to rehabilitate or retrain people into fulfilling their responsibilities to the state.
SOCIALIST/ SOCIALIST SYSTEMS
-It is the ultimate expression of positive law, designed to move the state forward toward the perfectibility of state and mankind.
SOCIALIST/ SOCIALIST SYSTEMS
-It is also primarily characterized by administrative law, where non-legal officials make most of the decisions.
SOCIALIST/ SOCIALIST SYSTEMS
-are also known as Muslim or Arabic justice, and derive all their procedures and practices from interpretation of the Koran.
ISLAMIC/ ISLAMIC SYSTEMS
-There are exceptions, however. Various tribes (such as the Siwa in the desert of North Africa) are descendants of the ancient Greeks and practice Urrf law (the law of tradition) rather than the harsher Shariah punishments.
ISLAMIC/ ISLAMIC SYSTEMS
in general are characterized by the absence of positive law (the use of law to move societies forward toward some progressive future) and are based more on the concept of natural justice (crimes are considered acts of injustice that conflict with tradition).
ISLAMIC/ ISLAMIC SYSTEMS
-Religion plays an important role in ________ systems. Most nations of this type are theocracies, where legal rule and religious rule go together.
ISLAMIC/ ISLAMIC SYSTEMS
Islamic kinds of punishment
IMPRISONMENT, FINE, CANNING
COMPARATIVE COURT SYSTEM
- ADVERSARIAL
- INQUISITORIAL
– where the accused is innocent until proven guilty.
ADVERSARIAL
The US ______ system is unique in the world. No other nation, not even the U.K., places as much emphasis upon determination of factual guilt in the courtroom as the U.S. does.
ADVERSARIAL
The PH is under the court system of?
ADVERSARIAL
– where the accused is guilty until proven innocent or mitigated, have more secret procedures.
INQUISITORIAL
-Outside the U.S., most trials are concerned with legal guilt where everyone knows the offender did it, and the purpose is to get the offender to apologize, own up to their responsibility, argue for mercy, or suggest an appropriate sentence for themselves.
INQUISITORIAL
-systems worldwide can be easily distinguished by whether they support corporal punishment (beatings) or not. Some so-called “civilized” countries claim they are better than the U.S. because they don’t perform death penalty but actually practice such corporal punishments as beatings and whippings.
COMPARATIVE CORRECTIONAL SYSTEM
-Nations that practice corporal punishment do tend, however, to have less of a correctional overcrowding problem. Probation and parole, where they exist cross-culturally, are applied to the country’s citizens, and not for foreigners or immigrants.
COMPARATIVE CORRECTIONAL SYSTEM
Juvenile Justice Systems vary widely. ______has the toughest system, regularly sentencing juveniles to harsh boot camps with a strict military regimen and forced labor.
SCOTLAND
_____ has a juvenile justice system similar to the U.S., where more emphasis is upon education as punishment.
GERMANY
THEORIES OF COMPARATIVE POLICING
- ALERTNESS TO CRIME THEORY
- ECONOMIC OR MIGRATION THEORY
- OPPORTUNITY THEORY
- DEMOGRAPHIC THEORY
- DEPRIVATION THEORY
- MODERNIZATION THEORY
- ANOMIE AND SYNOMIE
– that as a nation develops, people’s alertness to crime is heightened.
ALERTNESS TO CRIME THEORY
-They report more crime to police and demand the police to become more effective in solving crime problems
ALERTNESS TO CRIME THEORY
– that crime everywhere is the result of unrestrained migration and overpopulation in urban areas such as ghettos and slums.
ECONOMIC OR MIGRATION THEORY
– that along with higher standards of living, victims become more careless of their belongings, and opportunities for committing crime multiply.
OPPORTUNITY THEORY
– is based on the event when a greater number of children are being born.
DEMOGRAPHIC THEORY
-As these baby booms grow up, delinquent subcultures develop out of the adolescent identity crisis.
DEMOGRAPHIC THEORY
– that progress comes along with rising expectations.
DEPRIVATION THEORY
-People at the bottom develop unrealistic expectations while people at the top don’t see themselves rising fast enough.
DEPRIVATION THEORY
– the problem as society becoming too complex.
MODERNIZATION THEORY
– (the latter being a term referring to social cohesion on values) – that progressive lifestyles and norms result in the disintegration of older norms that once held people together (anomie).
ANOMIE AND SYNOMIE
POLICING POLICY MODELS
A. EXPECTATION – INTEGRATION MODEL
B. LEGALISTIC OR POLITICAL
C. CRIME FIGHTER OR SOCIAL – SERVICE WORKER
D. PROACTIVE OR REACTIVE MODEL
E. THREE METHODS USED TO DEFINE POLICE ROLE
EXPECTATION – INTEGRATION MODEL
- ENVIRONMENTAL EXPECTATIONS
- ORGANIZATIONAL EXPECTATIONS
- LEGAL EXPECTATION
= Societal trends and problems – in general and each community – create and environment.
ENVIRONMENTAL EXPECTATIONS
= Changing social and economic trends and problems in the society or a particular community often affect the police.
ENVIRONMENTAL EXPECTATIONS
= For instance, there may be rapid growth in population, an economic recession, a drug problem. The community environment includes problems unique to a particular community.
ENVIRONMENTAL EXPECTATIONS
= Organizational expectations came from both formal and informal aspects of a police department.
are derived from leaders, supervisors, training programs, and the goals, objectives, policies, procedures, and regulations of the police department.
Formal expectations
= Formal expectations are derived from leaders, supervisors, training programs, and the goals, objectives, policies, procedures, and regulations of the police department.
ORGANIZATIONAL EXPECTATIONS
= Informal expectations are derived from the officers’ peers and work group.
ORGANIZATIONAL EXPECTATIONS
= Officers are strongly influenced by their work experiences and the way they adjust to the emotional, psychological, intellectual, and physical demands of police.
ORGANIZATIONAL EXPECTATIONS
= They must attempt to do their job in a manner that is acceptable to both the police department and their peers, they must try not to be injured or killed or allow other officers or citizens to be injured or killed, and their conduct must not provoke citizen complaints.
ORGANIZATIONAL EXPECTATIONS
= Together, formal and informal organizational expectations create an organizational culture that can be defined as the pattern of basic assumptions that the police the police have invented, discovered or developed in learning to cope with its problem of the external adaptation and internal integration that have worked well enough to be considered valid.
ORGANIZATIONAL EXPECTATIONS
are derived from the officers’ peers and work group.
Informal expectations
is derived from substantial and procedural criminal laws and legal requirements that have resulted from civil suits.
LEGAL EXPECTATION
= These laws provide the basic framework in which the police are supposed to function.
LEGAL EXPECTATION
= Although the police do not always follow the law, legal expectations have a substantial influence on what they do and how they behave.
LEGAL EXPECTATION
= In addition, as noted, the police do not enforce all laws, rather, they exercise discretion in deciding what laws to enforce and how to enforce them. These discretionary decisions may not always be compatible with what either the formal organization or the community expects. Attempts to integrate environmental, organizational and legal expectations have resulted in several recurring debates about the police role in the society.
LEGAL EXPECTATION
THREE TYPES OF POLICE – COMMUNITY RELATION
- POLITICAL MODEL
- LEGALISTIC MODEL
- COMMUNITY POLICING MODEL
– refers to the police-community relation that is plagued by problems of preferential treatment, discrimination and corruption.
POLITICAL MODEL
– assumes that political influence has a corrupting influence on policing, therefore, the police community – relationship must be more structured or bureaucratic.
LEGALISTIC MODEL
– based on the desirability of the police being responsive to individuals and groups without engaging in preferential treatment or discrimination.
COMMUNITY POLICING MODEL
believe that crime is a function of a rational choice by the criminals and that the primary police purpose is to patrol and conduct investigations to deter crime and apprehend offenders.
Crime fighters
believes that crime results from a variety of causes and there are other police activities like crime prevention education and community building that may also reduce the crime rate.
social-service worker
orientation tends to result in more police community involvement and a less aggressive and authoritarian approach to policing.
social service
– work emphasizes police-initiated activities of the individual officers and the department.
PROACTIVE POLICE
-Developing a response to a crime or another problem that is designed to keep a crime from occurring is proactive.
PROACTIVE POLICE
Example: undercover decoy programs, stakeouts, etc.
PROACTIVE POLICE
– work is more on a response to a problem by police when assistance is specifically requested by citizens.
REACTIVE POLICE
-Responding to specific problems based on citizens requests and following up on those problems are reactive responses.
REACTIVE POLICE
THREE METHODS USED TO DEFINE POLICE ROLE
- VALUES
- GOALS
- STRATEGIES
= Fundamental assumptions that guide department and the individual officer in the exercise of discretion the values of the department determine police goals, how resources are used, strategies, and the styles of officers.
VALUES
VALUES
A. LAW ENFORCEMENT ORIENTED VALUES
B. COMMUNITY - ORIENTED VALUES
– Police authority is based on the law, and law enforcement is the primary police objectives.
LAW ENFORCEMENT ORIENTED VALUES
