Final Flashcards
(60 cards)
Who created the crime control/due process model?
-Herbert Packer (1968) renowned sociologist
The crime control principle
The aim here is to ensure that suspects are processed as quickly and efficiently as possible
- Advocates of this approach distinguish between the innocent and guiltily at the pre-charge stage
- once a suspect is charged they can be processed on the basis of an informal presumption of guilt
- Guilty pleas are preferred over lengthy legalistic procedures
- Extensive police powers
- Limited rights for suspects
- emphasis on pre-trial processes seen as vital to To the effective functioning of the system
- Suppression of crime is the overriding aim of the criminal justice system
- Cases need to be disposed of quickly and efficiently even if this means ignoring suspects rights
- emphases is on Pre-trial processes and encourages guilty pleasure
- Authority of the criminal justice system derives from the legislature
- The danger lies in the extent to which this favoring of crime control undermines the rule of law and thus potentially the legitimacy of law enforcement and the criminal justice system in society;(Skolnick 1994)
What is reasonable suspicion?
Evidentiary standard of a lesser degree than probable cause, necessary for frisked in which facts lend an officer to reasonably believe that a person is carrying weapons
What is probable cause?
Evidentiary standard necessary for arrests and searches in which facts of a case lead a reasonable person to believe that an offense was committed and that the suspect committed that offense
Fruit of the poisonous tree
- this was establish in Wong Sun v United States
- any later evidence resulting from illegal search and seizure will be inadmissable under the excusionary ruke
The good faith exception
- Establishes that if officers believe in good faith that their actions are authorized by warrants that turn out to be defective the evidence should still be admissible
Inevitable discovery
Evidence obtained illegally can be admitted if the police legally found it anyway
The broken window theory
- Suggests that for policing to have a lasting effect on serious crime in a neighborhood lower level quality of life need to be addressed to restore a sense of community in an area
Henry Fielding
—was a London magistrate was giving permission to found a group of Organized law enforcement agency this was known as the bow Street runners these men were given a task of apprehending criminals and recovering stolen goods within London
Bow Street Runners
- Under the guidance of Henry Fielding the bow street runners were a predecessor of the professional the police detective functions, charged with investigating larcenies and returning stolen property in a very high crime district of the nineteenth century London
Broken Window
- The recognition that even low level misdemeanors or quality of life offenses can breed of foster more serious crimes in a community through their ability to attract more criminally minded individuals and drive out more law abiding residents and businesses
August Vollmer
Known as the father of police professionals
O.W Wilson
studying police patrols and showed that they’re just as efficient and effects two person cars
James Q. Wilson (1978)
To re-examine existing ideas about the police function to develop new theories about how police organizations work
The watchman style
-Focuses in policing as order maintenance few policies and procedures and individual approaches to problems
The Political Era
The political era, which is generally associated with a time prior to the 20th century, refers to a period when the police was under the control of politicians through spoils systems
The reform era
The professional/reform era makes references to a period in which the police addressed the issue of crime using technological tools, such as sophisticated emergency response systems.
Community era
community problems were not perceived to be a part of the police’s responsibilities during this period. The third era, the era of community policing, aimed to address crime as well as other community problems that may …
styles of polcing
The most widely cited study on police departmental styles was conducted by James Q. Wilson (1968). He found three distinct departmental styles: watchman, legalistic, and service.
The watchman style
is based mostly on order maintenance. With this style, police officers judge the seriousness of violations by examining the immediate and personal consequences of the offense rather than the legal status of the offense. A watchman style department focuses its law enforcement activities on keeping the peace in the community. A police officer in a watchman department typically has the most discretion.
The legalistic style
, legalistic style departments have one standard: strict enforcement of the law. This type of department produces large numbers of arrests and traffic citations. Most calls for service are resolved in a formal manner in which an arrest or a formal complaint is made.
The service style
the service style department, prioritizes all requests for assistance without differentiating between order maintenance or law enforcement functions. Police officers in these departments are not likely to make an arrest unless the situation renders it absolutely necessary.
Larceny Act Jamaica Part 1 (3)(i)
a person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away any- thing capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof:
Larceny Act Jamaica Part 1 (6)(i)
Every person who steals any cattle shall be guilty of felony, and on conviction thereof liable to imprisonment with hard labour for any term not exceeding seven years.
What is praedial larcent
theft of growing crops
