Policy Anaysis Ii

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Policy Analysis II
Michael Haney and Jennifer Hudnall
University of Phoenix
Criminal Justice Policy Analysis
CJA/464
Lyle Martin
February 26, 2013

Policy Analysis II
The criminal justice system of the United States remains influenced because of probable cause, police discretion, and judicial discretion concerning criminal misconduct. This material reviews the history of policing, and the court system. This examination analyzes probable cause, police discretion, and how these components influence law enforcement and the courts. Additionally, this assessment reviews the influence for law enforcement, studies police operations, and observes various decision-making processes. Furthermore, this investigation scrutinizes the judicial discretion process, reviews different influences for the courts, reviews diverse court operations, and examines other decision-making processes. History of Policing

The United States received most of its policing ideas from Great Britain. During the 18th century, the idea of policing began its evolution. Individuals, clans, and families assumed the responsibility for taking revenge on any individual posing a threat, causing injury, or executing an offense. In one form or another, society dealt with any individual’s decision for committing a crime, even though no formal law enforcement agency existed. Prior to the early policing era, society designated specific individuals for maintaining security for each family, group, or clan. Some of the early forms of punishment during this period include branding, beating, or mutilating a criminal offender. These kinds of criminal disciplines progressed over time. For example, the Roman Empire maintained civil order with some kind of a military structure. This form of military policing ruled with an “iron-fist,” and used extreme measures for maintaining social law and order. During 1626, the city of New York founded the New York City Sheriff’s Office. This organization evolved into the New York City Police Department (NYPD) during 1845. Another example of structured policing occurred during 1635 with the city of Boston’s Night Watch program, which maintained social order, and investigated crime. This organization evolved into the Boston Police Department during 1845. The natural sequence of supply and demand, an influx of various immigrants, a massive population increase, alcohol abuse, and drug distribution made it necessary for the United States to use some kind of policing structure for maintaining social order (Roufa, 2013). History of Courts

The Criminal Justice System of the United States follows a blueprint from the English Common Law program. This process usually includes a plaintiff, a defendant, an impartial judge, and generally consists of a jury. For criminal cases, a prosecutor usually represents the state or the people from a particular state. A judge’s responsibility includes enforcing the law, managing the law and motion process, maintaining courtroom order, and providing guidelines during the sentencing process. The court system of the United States maintains various court jurisdictions, which include the trial (lower) courts, the Appellate court, and the state Supreme Court. The Federal courts maintain separate authority from the state court system, and remained governed by the United States Supreme Court. Generally, the United States Criminal Justice System follows similar jurisdictions. These different authorities remain guided by the Bill Of Rights and other provisions from the United States Constitution. However, various exceptions, protections, and limitations influence these lawful entities (Marion & Oliver, 2006). Probable Cause

A Police officer uses probable cause during each of his or her criminal investigation. Probable cause includes a “reasonable-belief” that an offender committed, or attempts to commit some kind of crime. During this process, an officer must maintain...
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