Essay: Policing in Criminal Justice

Pages: 4 (1074 words)  ·  Bibliography Sources: 0  ·  File: .docx  ·  Level: College Senior  ·  Topic: Criminal Justice

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Criminal Justice - Policing

CRIMINAL JUSTICE ISSUES

Does the exclusionary rule control police misbehavior?

The exclusionary rule controls police misbehavior, but in a manner that is more indirect than direct. Technically, it does not actually control what police officers do; rather, it imposes certain penalties after the fact that are intended to deter future misconduct. The exclusionary rule is powerless to prevent police officers from violating constitutional protections or the established rules of criminal procedure designed to guarantee constitutional rights in any specific instance.

However, by excluding evidence obtained in violation of constitutional protection, the exclusionary rule prevents improperly obtained evidence from being used at trial. In that way, the exclusionary rule provides an incentive for police to comply with established constitutional principles in general, because failure to do so undermines the underlying purpose of conducting investigations in the first place by preventing illegally obtained evidence from being used to secure convictions at trial.

Prior to the establishment of the "good faith" exception in 1984 and further revisions to that doctrine in 1995, the exclusionary rule sometimes punished police actions that involved no wrongdoing by police. Concepts like the good faith exception and the "inevitable discovery" rule narrowed the applicability of the exclusionary rule to actual police misconduct. By distinguishing the kinds of police action that violate the Constitution from honest mistakes and clerical errors, these exceptions achieve a better balance between the conflicting goals of crime control and due process by excluding only evidence seized through purposeful violations and permitting the use of evidence seized improperly, but in a manner not capable of being deterred because it is not purposeful. 2. What can/should local police do in terms of "counter terrorism" efforts?

Counterterrorism efforts comprise both strategies intended to identify and prevent terrorist threats against the local community as well as those intended to help identify and prevent terrorist threats against the American homeland. With respect to the local community, police efforts must focus on identifying potentially high-value terrorist targets for the purpose of controlling unauthorized access to sensitive facilities and infrastructure. That is achieved through the erection of physical barriers, the assignment of patrol responsibilities to monitor activity, and through the imposition of appropriate rules and policies to insulate those high-value targets from unrestricted access. At the same time, counterterrorism at the local level should also include identification of soft targets that can be hardened at minimal cost wherever possible. With respect to national counterterrorism efforts, local police should emphasize the collection and appropriate dissemination of intelligence at the local level and its communication to federal authorities situated locally. At the local level, the emphasis should be to facilitate the efforts of joint terrorism task forces (JTTF).

To assist counterterrorism at the national level, local authorities must ensure that policies and procedures result in the timely and efficient communication of intelligence to counterterrorism fusion centers designed to collect, analyze, and distribute counterterrorist intelligence provided by local authorities so that local efforts can be implemented against terrorist threats anywhere in the nation. To facilitate counterterrorism efforts on both levels, local law enforcement should continually emphasize the responsibility of the public to report potentially suspicious activity.

3. What can we reasonably expect of the criminal justice system… [END OF PREVIEW]

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Policing in Criminal Justice.  (2008, November 14).  Retrieved December 5, 2019, from https://www.essaytown.com/subjects/paper/policing-criminal-justice/2185663

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"Policing in Criminal Justice."  14 November 2008.  Web.  5 December 2019. <https://www.essaytown.com/subjects/paper/policing-criminal-justice/2185663>.

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"Policing in Criminal Justice."  Essaytown.com.  November 14, 2008.  Accessed December 5, 2019.
https://www.essaytown.com/subjects/paper/policing-criminal-justice/2185663.