...Laws were created in the United States for a variance of different reasons. The laws confirm and set regulations for later legislatures to follow. The laws guide citizens and other figures from wrongdoing. Most laws, however, are directed at protecting the citizens under the law. The amendments in the Constitution, however, significantly play a role in protecting the citizens under the United States Constitution. Of the amendments, the 4th amendment grants citizens the rights against “unreasonable searches and seizures” (Schmalleger 2013). However, if this amendment is breached, the exclusionary rule applies, regarding any evidence obtained illegally unusable in trial. The evidence that is obtained illegally may not be used on the accused. The exclusionary rule protects citizens from unlawful searches. For example, if an officer pulled over a citizen for speeding, the police officer has the right to question the driver. The police officer also reserves the right to check for a valid driver’s license and insurance. However, for a routine traffic stop, the officer does not have the right to search through the trunk of the accused without a warrant. The law grants reasonable searches, as opposed to unreasonable searches – searches without a warrant. The exclusionary rule applies to all evidence obtained and related to a case. The Fruit of Poisonous Tree Doctrine denotes that “later evidence that derived from the illegal seizure” may also not be permissible in court (Schmalleger...
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...September 14, 2015 Professor Brian Bugge . How the historical development of policing in the United States relates to the current relationship between police and different ethnic groups and social classes. Policing in the United States has grown tremendously, so much so that it is the largest most visible portion of the criminal justice process. Throughout its history, this country’s law enforcement system continues to change and advance. However with change and growth comes conflict, distrust, brutality and animosity between law enforcement, the many different ethnic groups and social classes that make up society. Notably the most well know volatile relationship is between the police and African Americans. The aim of this paper is not only to recount the historical development of policing in the United States, but how it relates to the current relationship between law enforcement, different ethnic groups and social classes. Sir Robert Peel of England founded the first modern police department, the Metropolitan Police of London. Before the Metropolitan Police became active every capable person was charged with the responsibility of contributing to the policing of their community. Because of this society was more trusting of the police. In essence it was community policing and neighbors looked out for one another. The relationship between the policing organization and the community was much more amicable. The United States Police borrowed...
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...unknown Seq: 1 5-JUN-09 8:30 Racial profiling and searches: Did the politics of racial profiling change police behavior?* Patricia Y. Warren Florida State University Donald Tomaskovic-Devey University Massachusetts, Amherst Research Summary Scholarly research has documented repeatedly that minority citizens are disproportionately stopped, searched, and arrested relative to their baseline populations. In recent years, policymakers have brought increased attention to this issue as law-enforcement agencies across the United States have faced allegations of racial profiling. In the 1990s, the politics generated by accounts of racially biased policing placed heightened pressure on law-enforcement agencies. However, to date, few studies have explored whether the increased social and political scrutiny placed on police organizations influenced or changed their general pattern of enforcement among black and white citizens. Using data in the search and citation file from the North Carolina Highway Traffic Study, this research specifically examined whether the politics generated by the media coverage of racial profiling and racial profiling legislation in North Carolina influenced the search practices of officers of the North Carolina State Highway Patrol’s drug interdiction team. The findings suggest that media accounts and the passage of new legislation were particularly powerful influences, which thereby reduced racial disparity in searches. Declines in...
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...of laws that take diversity into account. In the instance of selling drugs, certain drugs such as crack, a drug used primarily by African Americans, result in longer prison sentences and higher penalties. On the other hand, cocaine, a drug used primarily by Whites, ensues fewer penalties. Our laws must take ethnic differences into account because not all crimes result in the same course of punishment. In this paper, I will discuss the impact of culture on the criminal justice system and describe contemporary methods used by the police department and security firms while working with diverse populations. Furthermore, I will detail nondiscriminatory practices within the criminal justice system and outline Sir Robert Peel’s nine principles in relation to police departments. Race and ethnicity are important factors to incorporate into laws. Many of the current laws are outdated in the sense that they do not take cultural differences into account. Current US populations have a different racial and ethnic make-up than when most laws and the Constitution were created. Present day America has numerous immigrants, legal or otherwise, who must live and abide by outdated, and at times, unfair laws. Immigrants, on a whole, are fearful of being a part of the criminal justice system, whether as a witness, perpetrator, or victim; they are fearful of being deported back to their home country where they are usually worse off. Laws must take into account all populations...
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...Roichelle Marble Sociology 134 Bryton Fredrick May 3, 2015 The criminal justice system has caused a lot of heartache and pain due to its unfair, racist, biased opinion. Resulting in killings, shootings, and protests. There are a variety of races that make the headline stories of these events, but there is a specific race that repeatedly makes headlines of newspapers. The shootings and killing of African-Americans teenage boys have been the trending topic lately. It is hard to distinguish why these events happen. Certainly, there is no one, or race, to blame for this happening, however, understanding the root cause may help. The high incarceration rates of minorities is an examples and the killings proves how the criminal justice system is extremely flawed to this day and has always been built off of the privilege whites inherited and that blacks do not have. It has been proven time and time again that black and whites are not equal within the criminal justice system. History even says that the early conception of the criminal justice system and punishments were formed under conditions of colonialism and slavery. An example is white police offers repeatedly killing African American Males and being found not guilty; from Emmitt Till to the Ferguson case. Which is history repeating itself, the more things change, and the more they remain the same. In each generation, new tactics have been used for achieving the same goals—goals shared by the Founding Fathers (Alexander)...
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...criminal justice are used. Especially for African Americans who made up roughly 27 percent of arrest in the United States which is 1 out of 4 of every young black male. Research shows that this problem it’s only becoming worse and the outcome of a racist criminal justice system could lead to more unwarranted arrest. Race is a relatively arbitrarily social defined status. In the United States race and ethics classification system have inherent a problem of biased, racial profiling and discrimination. This contention revolves on why and how some racial minorities has been over the years, which as led to a persistently disproportionate representation in the natures crime figures including the prison population. For example, arrest for violent crimes in 2002 were a disproportionately 38 percent for Black whose portion of the National for population according to the 2000 census data, stood at 12.3 percent. Also race plays a part in how policing and racial profiling to sentences and corrections are conducted. An example of racial profiling comes in from Maryland (Prince Georges County) according to The Washington Post reported that, "in May 2001 federal prosecutors charged a county police officer with releasing her police dog on an unarmed Mexican immigrant as part of a pattern of using and threatening the use of the dog on people of color. Despite being the subject of four lawsuits, twice being guilty of making false statements to a supervisor, and five prior instances of releasing...
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...Name: Rhode Jadotte Course: Minorities in the Criminal Justice System Professor: Dr. S. Williams The interviews excerpted here show that racially biased pretextual traffic stops have a strong and immediate impact on the individual African-American drivers involved. These stops are not the minor inconveniences they might seem to those who are not subjected to them. Rather, they are experiences that can wound the soul and cause psychological scar tissue to form. And the statistics show that these experiences are not simply disconnected anecdotes or exaggerated versions of personal experiences, but rather established and persistent patterns of law enforcement conduct. It may be that these stops do not spring from racism on the part of individual officers, or even from the official policies of the police departments for which they work. Nevertheless, the statistics leave little doubt that, whatever the source of this conduct by police, it has a disparate and degrading impact on blacks. But racial profiling is important not only because of the damage it does, but also because of the connections between stops of minority drivers and other, larger issues of criminal justice and race. Put another way, "driving while black" reflects, illustrates, and aggravates some of the most important problems we face today when we debate issues involving race, the police, the courts, punishment, crime control, criminal justice, and constitutional law. A. The Impact on the Innocent ...
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...Cameras…………………………………………………………….Pg. 9 Changing Policies and Regulations...……………………………………………………….Pg. 10 Chapter Three: Community and Behaviour Police Subculture……………………………………………………………………………….Pg.12 Impact on Minorities…………………………………………………………………………….Pg.12 Conclusion……………………………………………………………………………………….Pg.14 Works Cited………………………………………………………………………………………Pg.15 Appendix A: Julianne Silva Survey Summary………………………………………………..Pg.17 Appendix B-1: ………………………………………………………………………………….... Appendix B-2……………………………………………………………………………………... Introduction One of the most controversial topics in police enforcement throughout history has been the issue between racial minorities and the misconduct of police officials. Throughout North America, high incidents involving police use of force has led racial minorities to mistrust the police and publicize the perception that the police are racially biased. Police brutality is the leading cause of police misconduct, followed by sexual misconduct. These unacceptable activities of police officials are a violation of civil rights which occurs when police act with...
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...first, set up to answer similar challenges to the Gendarmerie in France, was the Royal Irish Constabulary model. It was close to the state military model, but distinctively styled as part of the civil power of the state and subordinated to the Magistracy. The Irish model was subsequently exported to Britain’s colonies and became the basis of forces such as the Indian Police Service. The Metropolitan Police was consciously created as a local force with a uniform that was deliberately different from the military and a mission that focused on prevention of crime rather than the repression of disorder. This state civilian model became the basis for all UK forces on the mainland and the principal influence on the development of East Coast US policing in the 1840s. As the three models have developed and evolved in different political systems over the years since 1800, they have both diverged and converged in various ways....
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...Thieves, Thugs, and Neighborhood Poverty David Bjerk Robert Day School of Economics and Finance Claremont McKenna College 500 East Ninth Street, Claremont CA 91711 Ph: 909-607-4471 david.bjerk@cmc.edu April 25, 2010 Abstract This paper develops a model of crime analyzing how such behavior is associated with individual and neighborhood poverty. The model shows that even under relatively minimal assumptions, a connection between individual poverty and both property and violent crimes will arise, and moreover, "neighborhood" e¤ects can develop, but will di¤er substantially in nature across crime types. A key implication is that greater economic segregation in a city should have no e¤ect or a negative e¤ect on property crime, but a positive e¤ect on violent crime. Using IV methods, I show this implication to be consistent with the empirical evidence. Keywords: Crime; Segregation; Neighborhood E¤ects; Instrumental Variables; Poverty. 1 “I don’ care if I got money, or work Monday through Friday. I just go shoot a t motherf*@#er on the weekends. If that’ what need to be done to keep my hood s and my young ones around here safe, then that’ what to get done” (quoted by s Landesman, 2007). 1 Introduction High rates of crime and violence in poor neighborhoods have been described by numerous scholars and journalists (Wilson, 1987; Krivo and Peterson, 1996; Kotlowitz, 1991; Patterson, 1991; Messner and Tardi¤, 1986, to name just a few). However, the quote above from a man...
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...Crime and Deviance AN INTRODUCTION TO CRIME AND DEVIANCE Definitions * Crime- An act which breaks the criminal laws of society. * Deviance- refers to the behaviour which is disapproved of by most people in society and which does not conform to society's norms and values. TOPIC 1: FUNCTIONALIST, STRAIN AND SUBCULTURAL THEORIES Durkheim's functionalist theory: * Socialisation and Social control are two key mechanisms which allow social solidarity to occur in society. The inevitability of crime: * Functionalists see too much crime as destabilising society. * They also see crime as inevitable and universal- Durkheim, 'crime is normal... an integral part of all healthy societies.' * There are two reasons why C&D are found in all societies; 1.Not everyone is equally effectively socialised into the shared norms and values. 2. Different groups develop their own subculture and what the members of the subculture regard as normal, mainstream culture may see as deviant. * Durkheim also discusses that in modern societies there is a tendency towards anomie (normlessness). The diversity of modern societies means that the collective conscience is weakened, and this results in higher levels of C&D. The positive functions of crime: * For Durkheim, crime also fulfils two important functions; boundary maintenance and adaptation. * Boundary Maintenance- In Durkheim's view, the purpose of punishment is to reaffirm society's shared rules and reinforces...
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...RESEARCH TOPICS: Law + Statistics + Services + Reform RESEARCH TOPICS: Law + Statistics + Services + Reform 08 Fall 08 Fall RESEARCH – EMILY RUSSELL 1. DEFINITION OF MARRIAGE - MARRIAGE ACT 1961 (Cth) (s 5); Hyde v Hyde; s 43(a) FLA) * 4 ELEMENTS: Marriage means the union of a man and a woman to the exclusion of all others voluntarily entered into for life * Men and women… without any limitation due to race, nationality or religion have a right to marry and found a family…entitled to equal rights…(Article 16; UDoHR) 2. RESTRICTIONS AS TO MARRIAGE * S 88E – Cannot marry overseas (same sex) and return and legally register marriage (Marriage Act) 3. ELEMENTS OF MARRIAGE * Dwelling under the same roof, sex, mutual society and protection, recognition of marriage in public and private relationships (Todd and Todd) 1. ONE and ONE woman – monogamous mature (serial polygamy is permitted – remarriage after a former marriage has been dissolved) i. S 6 FLA – Polygamous relationships entered outside of Australia, shall be deemed to be a marriage when changing domicile to Australia 2. HETEROSEXUAL (Corbett v Corbett) 3. FOR LIFE 4. VOLUNTARILY ENTERED INTO 4. LEGAL IMPLICATIONS OF MARRIAGE * Entitled to certain rights and owe legal responsibilities a) DETERMINE “TRUE SEX” i) CORBETT AND CORBETT a. Chromosomal:...
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...l Race and Juvenile Delinquency by Dubien Tshimanga SOCIOLOGY & ANTHROPOLOGY CAPSTONE PRINCIPIA COLLEGE APRIL 2015 ABSTRACT Throughout history, the struggle of minorities has been seen in many facets of life such as in history, literature, music and film: Martin Luther King Jr. and Mahatma Gandhi fought for the right of unrepresented minorities. Books such as Too Kill a Mocking Bird spoke to the prejudices of a community. Movies such as Roots illustrated the hardship of the slaves. From the Roman’s persecution of Christians to today’s rap song lyrics about economic disparities the plight of the minority has been fought for millennium. This research examines the struggle of minorities within the juvenile justice system and the differential rates of adjudication and length of sentencing between the white majority and the black minority juvenile offenders. During the course of this research, additional insights were gained from an internship at a youth correctional center as well as drawing on my own personal experience as a refugee from Gabon. The findings of my research demonstrate that minority offenders do receive harsher sentences than the whites, and that there are several factors contributing to higher rates of juvenile delinquency among African Americans; primarily education and community. To consider the struggle of minorities is important because it creates awareness that the maltreatment of a minority group by the dominant majority often...
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...BAY AREA SOCIAL SERVICES CONSORTIUM Understanding Poverty From Multiple Social Science Perspectives A Learning Resource for Staff Development In Social Service Agencies Michael J. Austin, PhD, Editor BASSC Staff Director Mack Professor of Nonprofit Management School of Social Welfare University of California, Berkeley 510-642-7066 mjaustin@berkeley.edu August 2006 1 Table of Contents Introduction – Michael J. Austin, Guest Editor Part I Multiple Social Science Perspectives of Poverty Theories of Poverty: Findings from Textbooks on Human Behavior and the Social Environment Amanda J. Lehning, Catherine M. Vu, & Indira Pintak Economic Theories of Poverty Sun Young Jung & Richard Smith Sociological Theories of Poverty in Urban America Jennifer Price Wolf Psychological Theories of Poverty Kelly Turner & Amanda Lehning An Anthropological View of Poverty Kristine Frerer & Catherine Vu Political Science Perspectives on Poverty Amanda Lehning Theories of Global Poverty in the Developed and Developing World Jennifer Morazes & Indira Pintak Part II Theory Integration and Practitioner Perspectives Social Capital and Neighborhood Poverty: Toward an Ecologically-Grounded Model of Neighborhood Effects Kathy Lemon Osterling Social Work Students’ Perceptions of Poverty Sherrill Clark The Explosive Nature of the Culture of Poverty: A Teaching Case Based on An Agency-based Training Program Catherine Vu & Michael J. Austin 2 ...
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...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...
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