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JSB173: Understanding the Criminal Justice System
Assessment 2: Reflective Journal
Topic: The role of police in the criminal justice system (CJS).
Summary: The role of police in the CJS was the topic for this week with Snr Constable Monique Duncan as a guest speaker. This week’s material helped me understand the significant and broad role that police play in the CJS such as controlling access to the CJS as a form of ‘gatekeeper’, their use of discretion and their power to report claims or not. In correlation, I learned of their importance in regards to the fair treatment of marginalised groups such as Indigenous and lesbian, gay, bisexual and transgender (LGBT) individuals.
Issues: There are numerous issues associated with the role police in the CJS and the amount of power they hold. For example, the required reading this week detailed the ongoing issues surrounding police discretion and culture i.e. the occupational attitudes, norms and values and how these values cause problems including targeting and discrimination towards women, minorities and marginalised groups (Palmer 2012, 414-415). The extra reading for this week illustrated this issue by discussing the interactions police have with LGBT young people, explaining that the visible signs of non-heteronormativity young people makes them a target to police and paid
The due process model refers to upholding individual’s rights and ensuring they receive a fair process whereas the crime control model refers to upholding public order by sentencing offenders (Daly 2012, 396-397). I believe that the CJS should rely more on a due process model of justice as this issue demonstrates the opinions of police and their bias towards minorities and ethnic groups, meaning in a crime control model they are more likely to treat them
The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.
Both of these articles were focused on the Strategy of Policing, but the author’s approaches to the ‘hot topics,’ couldn’t be more difficult. Williams and Murphy focused on the different eras of policing, and how the racial conflicts have overlapped policing efforts. Whereas, Kelling and Moore focused on how police have evolved with the eras. The articles were dramatically different, however, the policing eras: Political, Reform, and Community Orientated eras were influenced largely as the main focuses for each academic article.
Comack, E. (2012). Racialized policing: Aboriginal people's encounters with the police. Black Point, Nova Scotia: Fernwood Publishing.
Police are sometimes stereotyped to be rugged, single minded enforcers who are insensitive to families in their most vulnerable state (Cross, Finkelhor, Ormrod, 2005). This would be an ideal approach to implement; however there seem to be difficult relationships between the two systems as they both hold different values and beliefs.
Siegel, L. J., & Worrall, J. L. (2012). Issues in Policing. Introduction to Criminal Justice (13th ed., pp. 252-258). Belmont, CA: Wadsworth.
This essay will discuss the role of the criminal justice professional in serving both individual and societal needs. It will identify and describe at least three individual needs and three societal needs, in addition to explaining the role of the criminal justice professional in serving each of these needs. Illustrative examples will be provided for support.
It is a myth to believe that an officers job is spend fighting dangerous crimes, in reality officers spend more time handing smaller cases. For example, police officers spend a lot of time doing daily tasks such as giving speeding tickets and being mediators in disputes (Kappeler & Potter, 2005). Handing out speeding tickers and handling minor disputes are far from fighting crime. Police officers spend more time doing preventive measures (Kappeler & Potter, 2005). Preventive measures involve officers intervening to prevent further altercations. Victor Kappeler and Gary Potter discussed the myth of crime fighting as invalid and misleading notions of an officer’s employment.
...T., Reiner, R. (2012) ‘Policing the Police’ in The Official Handbook of Criminology. Ed. By Maguire, M., Morgan, R., Reiner, R. Oxford: Oxford University Press, 806- 838
Miller, Susan L. (1999) Gender and Community Policing: Walking the Talk. Boston, Northeastern University Press.
The ability of police to exercise discretion was originally designed to allow officers to maintain the peace by allowing certain types of crime to remain unpunished in certain circumstances. This essay will aim to explore the issue of police discretion that suggests that the application of discretion works against the interests of Aboriginal and Torres Strait Islander peoples. In drawing this conclusion, this essay will examine the relationship between policing ideals and the use of discretionary powers and the relationship between policing attitudes and the use of discretionary powers. A discussion regarding the use of police discretion towards Aboriginal and Torres Strait Islander peoples can scarcely be mentioned without making reference to arguably the greatest failing by a police officer since indigenous Australians were formally recognised as citizens. Further to this, the case of Mulrunji Doomadgee (Cameron) will be examined from the point of view of officer discretionary powers. The penultimate point to be made will involve the Anglo Australian response to this case as well as the ongoing relationship between indigenous Australians and the institutions that govern them. As mentioned, the first point will involve policing ideals and their relationship to discretionary powers.
Oliver, William. (1998). Community-Oriented Policing: A Systemic Approach to Policing (Second edition 2001). New Jersey: Prentice-Hall, Inc.
The criminal justice system in America is comprised of not just one but of a set of organizations and procedures that have been created by governments in order to mitigate crime and impose penalties for those people who choose to break the law. The United States has many individual criminal justice systems and each jurisdiction i.e. city, county, state, federal or tribal government or military has the ability to dictate how the system works as well as have different laws. With that being said, people in the United States rarely have contact with the criminal justice system and subsequently get much of their ideals and knowledge of what the criminal justice system is and how it works from the media, especially through entertainment television viewing. (Albany) Even though I have been to countless court hearings as a police officer, attending a jury trial as a student was different as I was able to step back and look at it through the eyes of a learner and not an agent of the government.
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
When the media sensationalize cases about police officers abusing their powers, the public’s immediate response is to demand restrictions on them. While the abuse of discretion exists, allowing police officers to exercise discretion without controls is vital due to the unpredictable and multifaceted nature of crime. Thus, abolishing police discretion would be detrimental because police officers will primarily become law enforcers who ignore individual circumstances, cannot make meaningful differences in others’ lives, and cause inefficiencies in the criminal justice system.
Human services provides help to individuals, families and children that are in crisis or have needs that are not being met. One of the systems within human services focuses on upholding the law to the fullest extent. According to the National Center for Victims of Crime “The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws”. In other words this system seeks out to provide justice and safety for victims of horrendous crimes while also prosecuting those who commit these crimes. This system is in place in order to protect and serve the many individuals in the U.S be it at a local, state or federal level.