CRIMILOLOGYCRIMILOLOGY

Policing, Prosecution & White Policing, Prosecution & White Collar crimeCollar crime

Herbert Packer: Crime Control Herbert Packer: Crime Control in a Democratic Societyin a Democratic Society

Two competing Two competing models of our CJ models of our CJ system:system:

*Crime Control*Crime Control

*Due Process*Due Process

Crime ControlCrime Control

Key concerns:Key concerns:

>apprehension and >apprehension and punishment of criminalspunishment of criminals

>stresses the criminal >stresses the criminal justice system’s need justice system’s need to capture and process to capture and process criminals in the most criminals in the most efficient manner efficient manner possiblepossible

Due ProcessDue Process

Key Concerns:Key Concerns:

>the detection and >the detection and prosecution of suspects are prosecution of suspects are unreliable and fraught with unreliable and fraught with errorerror

>some errors come from >some errors come from honest mistakes; others honest mistakes; others stem from deliberate stem from deliberate deception and biasdeception and bias

Due ProcessDue Process*CJ system needs to protect suspects *CJ system needs to protect suspects

from error and limit the from error and limit the government’s ability to use the legal government’s ability to use the legal system arbitrarily and abusivelysystem arbitrarily and abusively

*emphasizes procedural justice*emphasizes procedural justice

What are the origins of the Due What are the origins of the Due Process Model?Process Model?

U.S. Constitution and Bill of RightsU.S. Constitution and Bill of Rights

>right to counsel>right to counsel

>jury trials>jury trials

>right to confront witnesses>right to confront witnesses

>freedom from unreasonable >freedom from unreasonable searches, seizures and cruel and searches, seizures and cruel and unusual punishmentunusual punishment

Tensions between Crime Tensions between Crime Control and Due ProcessControl and Due Process

The more crime control we want, the The more crime control we want, the less due process we can haveless due process we can have

Jerome Skolnick: Working Jerome Skolnick: Working PersonalityPersonality

The work people do affects the way The work people do affects the way they view the world and even their they view the world and even their personalities.personalities.

The “working personality” of the The “working personality” of the police stems from the danger of their police stems from the danger of their job.job.

Policing: IssuesPolicing: Issues Excessive ForceExcessive Force Corruption: Meat-Corruption: Meat-

Eaters and Grass Eaters and Grass EatersEaters

DiscretionDiscretion Race, Ethnicity and Race, Ethnicity and

Arrests: Racial ProfilingArrests: Racial Profiling Gender and ArrestGender and Arrest Impact of Policing on Impact of Policing on

Crime: DeterrenceCrime: Deterrence

White Collar CrimeWhite Collar Crime

““A crime committed by a person of A crime committed by a person of respectability and high social status respectability and high social status in the course of his occupation”-in the course of his occupation”-Edwin Sutherland (1949)Edwin Sutherland (1949)