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Justice Exam #1 (Evidence-based practices (Ceasefire - Boston (Braga et.…

- - - - Harcourt (1999)
        
        Harm principle co-opted by conservatives
        
        Offense Principle
        
        Powell vs. Texas (1968) - drunk in public
        
        Leads to harm reduction arguments
        
        Lawrence vs. Texas (2003) - intimate sexual contact protected by 14th
  - - - Supremacy Clause - states can't nullify fed laws
      - Effects of coordination with feds - Ceasefire #
- - - - Not much feedback or legal training #
      - Decisions not to arrest are not usually reported
      - Interested in maintaining order
  - - - Rarely is a weapon found
      - Stops made without reasonable suspicion
      - Had force of law
      - No review if stops legally warranted
    - - When and who to stop
      - Reasonable suspicion - how defined, review of implementation for accuracy/consistency
      - Abuses - how do authorities find out and what happens to offending officer?
      - Discrimination
        
        Stats showed minorities more likely to be stopped
        
        Basis for target population - general pop, offender pop, differences at different times of day?
        
        Peterson & Krivo (2010)
        
        Racial-spatial divide
        
        Disadvantage (internal) accounts for many differences between neighborhoods
        
        Need to look at % white in surrounding neighborhoods to account for all variance
        
        Concentration effect of violent crimes
        
        Clearly communicate how program executed to avoid confusion/rumors/bad perceptions
    - - Pay attention to where we are policing
        
        Foot patrols
        
        Good if restrained and monitored
      - Focus on crime, not quotas
      - Bring services to ameliorate concentrated disadvantage
        
        PhillyRising
      - Procedural Justice
      - More review is good, PD get little feedback on work
      - Improve standards for recruiting and training police - be able to put more faith in the discretion of officers
        
        Ramsey as Philly Commish
        
        Measure self-control among recruits #
      - Ratcliffe (2010) interview on NPR
        
        How much inconvenience are people willing to put up with for security? - airline security analogy
        
        Stop/frisk only one tool for police
  - - - Nature of offense and suspect's resistance/demeanor impact the amount of force
      - Non-white offenders get more force
      - Priority calls, lights/sirens get more force
      - Younger and male officers use more force
    - - GTOC self control with police - officers with lower level are more likely to shoot suspects
    - - Context matters - racial composition of surrounding area where encounter happens
      - Homicide rate and concentrated disadvantage
    - - Need good/consistent definition of UOF to measure and compare properly
      - Fine line between using force and coercion
    - - Use of 3rd degree through US history
        
        Not always accurate confessions - reinforced by WWI & WWII
      - Miranda helped justify psychological coercion, after physical force abandoned
        
        Followed procedure and had social science support
        
        Focus on were Miranda rights administered
- - - - Nolle prosequi - flies in face of legislature (Gottfredson & Gottfredson, 1988)
      - Which charge - determines path through CJ - Gateway to Justice (Spohn et. al. 2001)
      - Goals of Charging (Gottfredson & Gottfredson 1988)
        
        Crime Control
        
        Justice / Just Deserts
        
        Resource Efficiency
        
        Political Considerations
      - Theories of Prosecutorial Discretion
        
        Uncertainty Avoidance - Albonetti (1987)
        
        SOPs, bounded rationality
        
        Satisfactory rather than optimal solutions
        
        Racial/ethnic Threat - Spohn & Holleran
        
        Organizational Efficiency - Engen & Steen (2000)
        
        Mandatory sentences in War on Drugs gave prosecutors more power - plea bargains
        
        Fewer resources with reduced charges
        
        Focal Concerns - Ulmer et. al. (2007)
      - Plea bargains
      - Baumgartner (1992) - predictable patterns of extralegal influences on charging
        
        Myth of Discretion
    - - Goals of Sentencing
        
        Focal Concerns (sentencing theory) #
        
        Ulmer et al (2007)
        
        Extralegal factors - race, age, gender - influence perceptions of focal concerns.
        
        Steffensmier et al (1998)
        
        Protection of community
        
        Practical concerns - overcrowding, families
        
        Offender blameworthiness & degree of harm to victim
        
        Spohn et al (2001)
        
        Less likely to charge when previous relationship present
        
        Retribution
        
        Utilitarian
        
        Deterrence
        
        Incapacitation
        
        Rehabilitation
      - Mandatory Minimums
        
        Tonry (2013)
        
        Goal of most sentencing "reforms" is retributive - deterrence & incapacitation
        
        Engen & Steen (2000)
        
        Stricter sentences gave more power to plea bargains
        
        Greater disparity in sentences
        
        Ulmer et. al. (2007)
        
        Agree with prosecutor discretion finding, as well as racially-based application of mandatory minimums
        
        Self-correcting system to get desired results
        
        Tonry (2015)
        
        Pleas powerful because possible sentences so severe, not because deals so good
        
        Sentencing Reform & Corrections Act of 2015 - not yet passed
        
        Re-introduce discretion into mandatory min., target overcrowding and focus on violent offenders
  - - - Focused Deterrence example #
        
        Just deserts, but not equal treatment, unless criminal history can mitigate
    - - Sets policy, as for NYPD in stop and frisk