Jail and Juvenile Facility Information..............

Juvenile Facilities in South Dakota........

In South Dakota the total number of privately run juvenile facilities for 2000 was thirteen. The total number in 2002 was twelve and in 2004 the total numbers of privately run juvenile facilities were thirteen. During the four year time period the numbers slightly dropped in 2002 to twelve but went back to thirteen two years later. I think the reason the numbers have stayed the same is because the crime trend in South Dakota has stayed the same. Overall the crime rates and crime stories in South Dakota are not very high therefore their facilities would stay the same. The numbers of privately owned juvenile facilities could also be staying the same over this time period because of the way the system works in South Dakota. If the system is very strict and gives no chances to juveniles, or any person for that matter, then this could scare the juveniles to not commit any crimes. Another reason the number of facilities have stayed the same could be the culture in South Dakota. If many families are strict with their children then this will keep them away from crime. If the juveniles are not committing crimes then they will not be sent to facilities and the state would not need more of them.

Jail Populations in South Dakota in 1998......

In 1999 in the state of South Dakota, there was 31 jails. They had a rating capacity, the number of beds or inmates assigned by a rating official to facilities within each jurisdiction, of 1,623. The jails in South Dakota were under capacity with a mere 66% rated capacity occupied. One reason for the under capacity, can be due to population. South Dakota had a population census in 1999 stating that they had 733,133 people living in that state. This means that out of the entire population only 7% were locked away in jail. A trend occurs with population and crime rate, the larger the population the higher the crime rate. Since South Dakota has a small population size, they should have a lower crime rate, thus allowing for under capacity in jails. Another reason for this under capacity could be because of the types of criminal in the jails. The U.S. Department of Justice, Bureau of Justice Statistics by the U.S. Census Bureau Census of Jails, 1999, states that they held inmates beyond arraignment (usually more than 72 hours). This means that anyone who stayed in jail before those 72 hours were not counted in the census, thus causing a possible under capacity in the jails. The final reason for this under capacity is because of incorrect crime rate statistics. Like all cities there are a great number of unreported crimes. South Dakota crime rates could be skewed because of these unreported crime rates, leaving criminals on the streets, and not in jail, thus causing an under capacity of inmates in the jail.

Male to Female Ratio in Prisons......

In South Dakota the prisoner ratio for male to females in jail is significantly high. In 2000 there were 200 females in prison. In 2006 there was a 150 person increase to 350. In 2007 it went up again to 369. The percent change from 2000 to 2006 was a 9.8 in increase. From 2006 to 2007 there was a 5.4 increase.

On the other side of the spectrum are the males. In 2000 there were 2,416. In 2006 there were 3,009. In 2007 there were 2,942. The percentage increase in 2000 to 2006 was 3.9. As one can see, the percentage decreased from 2006 to 2007 by 2.2.

Three reasons for the increase in the male ratio are:
South Dakota has the highest percentage of American Indian male inmates than any of its neighbors.

There has been more White people move to South Dakota and that causes an up-roar in the Native American community

Woman Wise the increase is because:

Misguided policies that create harsher sentences for nonviolent drug offenses are disproportionately responsible for the increasing rates of women in prisons and jails. From 1995 to 2003, inmates incarcerated in federal prisons for drug offenses have accounted for 49 percent of total prison population growth.

There has been a 32% increase in women using the drug Meth

Citations.....

Citation for Juvenile Facilities in South Dakota:

2009 South Dakota Juvenile Information. Retrieved Nov. 23, 2009, from the World Wide Web: http://www.albany.edu/sourcebook/pdf/t100092004.pdf

Citation for Jail Populations in South Dakota:

Waldron, R., & Schuldt, C. M. (2009). South Dakota Population Statistics General Demographic Information. Retrieved Nov. 23, 2009, from University of South Dakota, Vermillion, SD. Web site: http://people.usd.edu/~rwaldron/popstats.html

Death Penalty and Parole Information in South Dakota.....

Basic Death Penalty Information in South Dakota:

Based on the Death Penalty Information Center(http://www.deathpenaltyinfo.org/state_by_state) the mid-western state of South Dakota does have the Death Penalty. The sentence is determined by the jury. South Dakota’s Death Row facility is located in Souix Falls. The method for the process is injection. The number of executions since the year of 1976 has been a minimal 1. Before the year of 1976 there were a total of 15. The current Death Row inmates are 3 and none of them are women. The Death Penalty was re-enacted in 01/01/1979. The murder rate (per 100,000 people) is 2.1. Life without parole is an option in South Dakota. A Defendant can receive death for a felony in which he/she was not responsible for. The number of Clemencies granted, as well as, the number of innocent persons released from death row are both 0.

First Recorded Death Penalty Case:

The first recorded execution in South Dakota was on the 1st of March, 1877. The person executed was a 24 year old white male by the name of Jack McCall. He was found guilty of murder. The mode of execution was hanging. The last recorded execution in South Dakota was 70 years and 38 days later on the 8th of April 1947. This person was also a white male. His name was George Sitts, age 33. George, just as Jack McCall, was found guilty of murder. George, however, was executed by way of electrocution.
What cannot be seen in the data here is that all but one of the executions performed in South Dakota were done by hanging. This makes the execution of Jack McCall unique in two ways; he was not only the last person to be executed in South Dakota , but was also the only person to be executed by electrocution. South Dakota has not done an execution in over 60 years.


South Dakota Parole Statistics:

The state of South Dakota has 3,440 entries and 3,087 exits for the year of 2006 with a total population of 5,661 adults on probation (thus, a probation rate of 959 per 100,000 adult residents) (Bonczar, and Glaze, 2006). The parole system of South Dakota has 2,054 entries and 1,731 exits with a total population of 2,767 adults on parole (thus, a parole rate of 469 per 100,000 adult residents) (Bonczar, and Glaze, 2006). Clearly, the state of South Dakota has a higher probation rate than parole. The state of Texas has a total of 431,967 adults on probation (yielding a probation rate of 2,515 per 100,000 adults) compared to 100,053 adults on parole (yielding a parole rate of 583 per 100,000 adults) (Bonczar, and Glaze, 2006). When one compares the two states it is noticeable that both tend to have higher rates of probation compared to parole; perhaps, because of the reasons discussed in class (for example, one serving probation is less socially stigmatizing than one serving prison time). Also noticeable is the higher rate of probation for the state of Texas compared to South Dakota (2,515 per 100,000 versus 959 per 100,000 in South Dakota); this difference might be because of several factors (South Dakota might use restorative justice programs more often than probation). Thus, as one could see, probation is used more often than parole in the criminal justice systems of South Dakota and Texas.

Restorative Justice Information in South Dakota:

The center for restorative Justice is a helpful program. Their motto is, “We promote healing between people separated by conflict, mediation education and peacemaking processes.” They offer a variety of programs and services but their most successful one is the Voices of Understanding. This program offers an open dialogue type setting which allows for a healthy, yet neutral environment. This program receives funding from sponsors and there are several ways in which one can contribute. Simply visit the website http://www.cfrj.org/membership.html and fill out their online membership form.

Citations:

Citation for Basic Death Penalty Information in South Dakota: Death Penalty Information Center (2009) State by State Database: Retrieved from the World Wide Web on November 16, 2009 from http://www.deathpenaltyinfo.org/state_by_state

Citation for First Recorded Death Penalty Case: Death Penalty Execution Center (2009). Executions in the U.S. 1608-2002: The Espy File. Retrieved from http://www.deathpenaltyinfo.org/ESPYyear.pdf

Citation for South Dakota Parole Statistics: Bonczar, T. and Glaze, L. (2006). United State Department of Justice, Bureau of Justice Statistics. Probation and Parole in the United States, 2006 NCJ 220218 [Table 1: Adults on Probation]. Retrieved from https://webcampus.nevada.edu/webct/urw/lc33129041.tp0/cobaltMainFrame.dowebct

Bonczar, T. and Glaze, L. (2006). United States Department of Justice, Bureau of Justice Statistics. Probation and Parole in the United States, 2006 NCJ 220218 [Table 3: Adults on Parole]. Retrieved from https://webcampus.nevada.edu/webct/urw/lc33129041.tp0/cobaltMainFrame.dowebct

Citation for Restorative Justice Information in South Dakota: Center for Restorative Justice (2009) Retrieved from the World Wide Web at http://www.cfrj.org/membership.html on November 17, 2009

South Dakota's Grand Jury Laws and New News Stories....

Grand Jury Hearing Information:

All counties in South Dakota participate in Grand Jury hearings. The state does not, however, separate the Grand Juries by county, but by divisions (United States, p. 3). South Dakota is split into four divisions which each contain numerous counties. South Dakota also offers petit hearings. (United States, p. 1)

Grand Juries - Grand Juries are held in secret (NOLO). The jury consists of randomly selected citizens. It is the grand juries job to decide if there is enough evidence for the case to go to trial. Indictment from a grand jury does not require a unanimous vote.

Preliminary Hearings - Preliminary Hearings are held to determine if a person being charged with a felony should go to trial for the crime they are being charged with (Preliminary). More evidence is needed in a preliminary hearing than in a grand jury. Because of this, prosecutors will often fore go the preliminary hear and go to a grand jury instead (NOLO).

Rapid City News:

The October 26, 2009 edition of the Rapid City Angus Leader article entitled “Trial begins today for Rapid City man who says he assisted in suicide” provides excellent insight into the jury selection process. The article notes “Jury selection was scheduled today in the trial of 51-year-old Robert Goulding of Rapid City. He is charged with first-degree murder in the shooting death last November of 56-year-old Allen Kissner of Redfield (AP, 2009).” The article later notes “Authorities say Goulding has confessed to pulling the trigger. Goulding’s attorney says the shooting near Sheridan Lake was an assisted suicide, not murder. Prosecutors say they are confident they can prove murder (AP, 2009).” Unfortunately, the article doesn’t go into details about the jury selection process for this trial; The AP doesn’t even note if any jurors challenged for cause (perhaps because of this trial’s sensitive nature).

However, one may make assumptions on the type of jurors the prosecution and defense would desire. The prosecution would prefer potential jurors who believe in the rational choice crime theory, as well as socially conservative potential jurors who tend not believe in assisted suicide. The defense would probably prefer potential jurors who believe in victimization crime theory, as well as more socially liberal potential jurors who tend to believe in assisted suicide. Overall, this story shows that the jury selection process can be somewhat secretive (depending on that nature of the case); nevertheless, this case illustrates that one could make inferences about the types of potential jurors prosecutors and the defense wish to have on the jury that decides on the verdict of a given case.

Smoking Ban Trial:


The current trial in the state of South Dakota is regarding the ban on smoking. This issue was brought to the state law makers approximately eight months ago. The argument against this is that the smoking ban should be in effect now and not later. "I think it is important we get back to that threshold issue of, did the legislature intend this to go into effect? Should this go into effect because of the public health preservation?" Jennifer Stalley of the American Cancer Society said (Nobody Smokes Here Anymore). Part of the evidence that is being presented in court is a signature petition that Larry Mann is creating. "We're prepared to make a strong case that we've got a lot of signatures that ought to be included in that count," Mann said (Nobody Smokes Here Anymore). "I think we're confident South Dakota will eventually become smoke free. We just are working to make that happen sooner rather than later," Stalley said (Nobody Smokes Here Anymore). If this case is passed the ban will likely take effect in November 2010. The evidence that is being shown in the courtroom trial will be effective because it is showing the number of people that are for the ban on smoking in South Dakota and they also present the health risks associated with smoking.



Speedy Trial Information:

In South Dakota, a person accused of a crime has the right to a speedy trial by an impartial jury in the county that the crime was allegedly committed. It becomes different when describing an indictment, information or complaints. When a defendant is charged with one of these processes they must be brought to trial within 180 days. The 180 days start from when you appear at a judicial office. If the 180 days elapse and the defendant is not brought to trial they are entitles to dismiss all offenses charged. The rights vary from state to state, including Nevada. In Nevada defendants are also granted the right to a speedy trial. In Nevada a defendant has the right to a speedy trial within 60 days after they have been charged. The only way that the time limit can be extended is if the trial is postponed by filing an application with the court.



Citations:

Citation for Grand Jury Hearing Information:

NOLO (n.d.). How people get charged with crimes. Retrieved from http://www.nolo.com/legal-encyclopedia/article-29677.html

Preliminary Hearing. (n.d.). In Nolo’s Plain-English Law Dictionary online. Retrieved from http://www.nolo.com/dictionary/preliminary-hearing-term.html

United States District Court District of South Dakota (July 22, 2008). Plan for the random selection of grand and petit jurors. Retrieved from https://www.sdd.uscourts.gov/docs/juryplan/juryplan72208.pdf

Citation for Rapid City News:

Associated Press (2009, October 26). Trial begins today for Rapid City man who says he assisted in suicide. Rapid City Angus Leader. Retrieved from: http://www.argusleader.com/article/20091026/UPDATES/91026006/Trial-begins-today-for-Rapid-City-man-who-says-he-assisted-in-suicide

Citation for Smoking Ban Trial:

Nobody Smokes Here Anymore. (10 October 2009). Retrieved 9 November 2009 from website: http://snus-news.blogspot.com/2009/10/october-7-2009-south-dakotas-statewide.html

Citation for Speedy Trial Information:

Criminal Process in South Dakota (2009, January 13). Retrieved November 10, 2009, from Lexis Nexis
Criminal Process in Nevada (2009, January 13). Retrieved November 10, 2009, from Lexis Nexis.

ABA Fact Sheets, State Court Information and Some News Stories...

ABA’s fact sheet on judicial selections:

Q: How does your state select high court/supreme court judges? South Dakota has uncontested retention elections after initial appointment.

A: The judge is either voted to stay in office or voted out.

Q: How does your state select intermediate appellate court judges?

A: South Dakota does not have an intermediate appellate court.

Q: How does your state select trial court judges?

A: South Dakota has nonpartisan elections for all general jurisdiction trial court judges. The judges’ political party affiliation is not supposed to be a factor in the voting process.

Q: What are the benefits and drawbacks for selecting judges through popular elections?

Drawbacks: Voters casting votes without a knowledge of the election have a negative effect on the results. Also, minority groups will not have much voting power when outvoted by larger interest groups. Judges may win elections because they look and sound good, or because they have deep enough pockets to advertise more than the competitors.

Benefits: The majority of the population gets what they want. The voters cannot blame anyone but themselves for who is in office. The community feels more involved with the election process.


National Center for State Courts Information on South Dakota:

The court system for South Dakota is similar to that of many other states in that it has three tiers: courts of limited jurisdiction, courts of general jurisdiction and appellate courts. The Magistrate Court is an example of a South Dakota court of limited jurisdiction which has 7 circuits and 10 full time Magistrates (as well as 4 part time ones). The types of cases that would be heard here would include torts, contracts, real property (between 0-10,000 dollars), small claims, misdemeanors, and preliminary hearings (Bromage, 2007). An interesting fact about this Magistrate Court is that according to the NCSC, there are no jury trials at this level; cases are decided by bench trial. The next level (courts of general jurisdiction) is the South Dakota Circuit Court; which has 7 circuits and 38 Justices according the NCSC. Types of cases dealt with here would notably include criminal cases such as felonies.

The last level is the South Dakota Supreme Court (appellate court), which has 5 justices. The Supreme Court is the only court of its type in the state (there are no intermediate appellate level courts like in the federal system). Cases that heard in the Supreme Court would be only appeals since it’s not a trial court. Thus, as one could see, South Dakota’s court system is a very small one (composed of less than 100 judges in the entire state and a fairly minuscule number of circuits), nonetheless it seems to get the job done.


Recent Felony Arrest in South Dakota:

On October 25, 2009, police arrested a man for sexual contact without consent. Mr. Arevalo Velasquez was allegedly posing as a security guard at a restaurant on Saturday night when he grabbed a woman’s groin during a pat down search. A court of general jurisdiction would hear this case if Mr. Velasquez is charged with a felony. If Mr. Velasquez is charged with a misdemeanor offense then a court of limited jurisdiction would hear the case.
http://www.argusleader.com/article/20091027/UPDATES/91027004/-1/updates
　
Recent Court Appeal in South Dakota:

In August ,Tad Blackburn was convicted of second degree murder for the stabbing and beating death of his girlfriend Tamara Magic. He was sentenced to life in prison. A notice of appeal was filed with the state Supreme Court. The case is being appealed on the basis that authorities did not properly investigate and new information from a former jail inmate. http://www.argusleader.com/article/20091027/UPDATES/91027011

Citations:

Citation for image: Image Retrieved From the World Wide Web at http://www.cbsnews.com/ on October 25, 2009

Citation for ABA’s fact sheet on judicial selections: American Bar Association. FACT SHEET ON JUDICIAL SELECTION METHODS IN THE STATES. Retrieved from http://www.abanet.org/leadership/fact_sheet.pdf On Tue, Oct 20, 2009 at 2:45 PM

Citation for National Center for State Courts Information on South Dakota: Chantal, Bromage (2007). South Dakota (Court Structure as of Fiscal Year 2007). Retrieved from http://www.ncsconline.org/D_Research/Ct_Struct/state_inc.asp?STATE=SD on October 25, 2009

Miranda Warning and a Couple Article Summaries....

New York Times Article, "U.S. Is Alone in Rejecting All if Police Err" Summary and Response:

The article discussed how several different countries view the "exclusionary rule". Specifically, relating to an unreasonable search of a Canadian vehicle containing 77 pounds of methamphetamine. The article further discussed that the Canadian trial judge and appellate court refused to exclude the evidence; and that had this police misconduct taken place in the United States the evidence would be inadmissable under our legal system. (http://www.nytimes.com/2008/07/19/us/19exclude.html?pagewanted=2&_r=1) .

For example, the article discusses how Canadian Judges decide what evidence is admissible in regards to police misconduct. The article discussed that if the offenders were here in the United States the evidence would have been suppressed under the exclusionary rule due to an unlawful search. According to the article "[t]he United States is the only country to take the position that some police misconduct must automatically result in the suppression of physical evidence. The rule applies whether the misconduct is slight or serious, and without regard to the gravity of the crime or the power of the evidence." (http://www.nytimes.com/2008/07/19/us/19exclude.html?pagewanted=2&_r=1).

Yes, we agree with Justice Breyer’s statement that the exclusion of evidence is a deterrent to police misconduct. In my opinion, it serves as a "checks and balances", which we believe is what our system of justice based upon. In our opinion the exclusionary rule is one of our most important rights as United States citizens. It is the Fourth Amendment, it protects us from unreasonable searches and seizures. It makes police accountable for their actions and makes them uphold the Constitution.

Example of a Warrentless Search:

The type of warrantless arrest that was in the article for South Dakota was ‘Search Based on Plain View’. There was no warrant issued for the two comedians, Scot A. Shields Jr. and Michael J. Corning, in this article because the drug paraphernalia, marijuana and psilocybin mushrooms, were seen in a bag of trail mix during a traffic stop. The outcome of this case has yet to be determined but if the two are convicted they will receive a maximum prison sentence of 10 years and a $20,000 fine. Each man is charged with possession of two ounces or less of marijuana, a Class one misdemeanor, punishable by law and up to one year in a prison along with a $2000 fine. Shields has also been charged with a Class 2 misdemeanor for failing to yield to an emergency vehicle. Magistrate Judge Shawn Pahlke set bail at $2500 for each man.
‘No humor seen in comedians’ drug arrest’

Article at: http://tinyurl.com/yhgmn54

Purpose of The Miranda Warning:

The purpose of the Miranda warning is to protect criminal defendants during police interrogations and allowing them to practice their rights. In the book, Introduction to Criminal Justice by Larry, J. Siegel (pg. 339) it states that a Miranda warning is, “the requirement that when a person is custodial interrogated police inform the individual of the rights to remain silent, the consequences of failing to remain silent, and the constitutional right to counsel. There are possibilities that allow police to use illegally obtained statements without giving a Miranda warning.

One of them includes a voluntary statement given in the absence of a Miranda warning. This can be used to obtain evidence that can be used at trial. For example if a husband murdered his wife, and while the police were searching the house, the husband confessed that he killed his wife, that statement could be used in trail. At no time was the husband under interrogation, or asked to confess, he did it on his own voluntary will. Another possibility to admit illegally obtained statements deals with statements made by the mentally impaired. Although the Miranda warnings protect the statements made by those mentally impaired, certain ages, and language barriers, if the person who is mentally impaired is able to show some kind of understanding of the Miranda rights, and if the police acted properly, then the statement is valid. For example if a teenager who is mentally impaired robs a liquor store, and tells the police he did it, then if the police were to take him aside and explained his Miranda rights, and he were to nod yes then the statement would be valid. This is can be proven because he confirmed that he knew his rights, and the police acted appropriately to the situation.

A final possibility deals when a suspect is questioned without his Miranda rights when the public safety is at stake. If a person was to rob a grocery store, and while robbing the store, hid their weapon, the police could question were they hid the weapon, and have that statement be valid in court. The reason for its validity is because that weapon can be a public hazard to a person, For example if a child were to find that weapon and use it, that would cause major public damages. This exception is called the public safety doctrine.

Citations:




Citation for image: Image retrived from teh World Wide Web at: www.thebillablehour.com on October 20, 2009

Citation for; New York Times Article, "U.S. Is Alone in Rejecting All if Police Err" Summary and Response:



Liptak, A (2008 July) "U.S. Is Alone in Rejecting All if Police Err" The New York Times Retrived from the World Wide Web on October, 20 2009 from: http://www.nytimes.com/2008/07/19/us/19exclude.html





Citation for; Example of a Warrentless Search:





Journal Staff (2009 October) "No humor seen in comedians' drug arrest" Rapid City Journal Retrived from the World Wide Web on October, 20 2009 from: http://tinyurl.com/yhgmn54





Citation for; Purpose of The Miranda Warning:





Siegel, J. L. (2009) Introduction to Criminal Justice retrived from pages 339-341 on October 20, 2009

Police Fairness in Regards to Race, Gender, and Class....

Differences Between Male and Female Police Officers Mock Questions:

1) When a suspect attempts to run away from an officer, are male or female officers more likely to successfully apprehend them? Male officers are more likely to apprehend a fleeing suspect because they typically have greater physical strength, speed, and stamina than female officers. Male officers are also more aggressive.

2) Do male or female officers take more days off from work for personal days? Female officers take more personal days because they are more emotionally expressive in ways that are not appropriate for the workplace and take a day off to get through it.

3) Are civilians more responsive and cooperative to male or female officers? It depends on the individual citizen. Female officers have a greater ability to appeal to those in need of emotional attention, while male officers are more able to take control of a physically aggressive situation.

4) After an incident, are male or female officers more likely to write up their reports in a timely manner? Females are generally better at multi-tasking and getting things done in a timely manner.

5) Which gender of officer is a greater liability to the police force? Female officers are a greater liability. Woman are typically worse drivers and more likely to get in an accident with their patrol car. Woman are less likely to catch a suspect in a foot chase, making it more likely for the person to get away. Women have smaller body frames, making them more likely to break a bone or get injured.

Policing Styles:





In this video clip from the Fox television show “Cops,” an example of the law enforcer style of policing can be seen. The law enforcement view contends “duty is clearly set out in the law and that law enforcers stress playing it ‘by the book (Siegel, 2008).’” Law enforcers (he later notes) see themselves as generalized law enforcement agents charged with apprehending all types of law breakers (Siegel, 2008). This can be clearly seen in the clip because the officer (from the Passaic County Sheriff’s Department) is arresting someone he suspects of smoking marijuana; the officer is playing by the book, even pointing his weapon at the man whilst apprehending him (likely because the officer suspects the offender might be carrying a weapon). Siegel also notes that “law enforcers are devoted to the profession of police work and are the most likely to aspire command rank (which the officer in this clip possesses) (Siegel, 2008). The Sheriff’s Deputy is not exhibiting the crime fighter style because he isn’t “focusing on a serious crime (obviously marijuana smoking isn’t) (Siegel, 2008).” He isn’t a social agent, because an officer following this style would encourage the man to seek drug rehabilitation. He definitely isn’t a Watchman because “watchmen choose to ignore many infractions and requests for service unless they believe that the social or political order is jeopardized (Siegel, 2008).” Thus as one could see, the law enforcement style is exemplified with the officer shown here.

Siegel, Larry J (2008). Introduction to Criminal Justice, 297. Video: Video retrieved from YouTube on October 4, 2009 from: http://www.youtube.com/watch?v=2mp0qs44fsY

Example of Police Brutality and Corruption:

In July of 2005 in Sioux Falls, South Dakota a 70-year-old American Indian Frank Sioux Bob of Pine Ridge was at home with his grandchildren when officers entered the house and indicated they were responding to a call about a gun. There was no weapon in the house. Still the officers continued to enter without a warrant or consent and roughed up Mr. Bob. No one in that area had made such a report This incident was taken to court were a judge had been asked to dismiss this police brutality lawsuit filed on the grounds that it the case belonged in tribal courts not federal.

This particular incident shows it is evident that police brutality was used. The brutality occurred when the victim Mr. Bob was “roughed up” by the police who could be interpreted as using force or coercion, as defined in the definition of police brutality. Another element that could be considered as police brutality is the unlawful entering of the victim’s home. This can be inferred as using searches to harass people. The article tries to justify the actions of the police by stating that they were responding to a call of a gun, but it was later reported that no call was made to the police in that area regarding a gun. Therefore it can be implied that a possible motivation that the police had to enter the victim’s home was to harass him. The police could have handled the situation much differently. They could have simply asked if a gun was founded in the home, and asked to search around, without any physical contact. They also could have doubled checked to verify that there was in fact an actual call made.

The Associated Press, (2008, January 27). Lawyers spar over tribal police brutality lawsuit. Rapid City Journal. Retrieved October 4, 2009, from http://www.rapidcityjournal.com/articles/2008/01/27/news/top/doc479cdb311e93a576402603.txt

CItations:

Citations for Image: Image retrieved form the World Wide Web on October, 2, 2009 from: http://www.theage.com.au/articles/2003/05/17/1052885443126.html


Citations for Policing Styles: Siegel, Larry J (2008). Introduction to Criminal Justice, 297. Video: Video retrieved from YouTube on October 4, 2009 from: http://www.youtube.com/watch?v=2mp0qs44fsY





Citations for Example of Police Brutality and Corruption: The Associated Press, (2008, January 27). Lawyers spar over tribal police brutality lawsuit. Rapid City Journal. Retrieved October 4, 2009, from: http://www.rapidcityjournal.com/articles/2008/01/27/news/top/doc479cdb311e93a576402603.txt

The Police: Organization, Role, Function

History of the Mobridge Police Department of South Dakota

Mobridge was a frontier settlement of South Dakota that started around 1906. The town began with marshals and constables to enforce the laws while the town was still young, which eventually grew into the police force they know today. Of these first law enforcers was a man by the name of Bert Dekker, who was one of the first known "peace officers" of Mobridge. Dekker worked with a "justice of the peace" name A. E. Flick. (Larsen, 2009)

These to men made Mobridge’s first arrest in 1907 when they caught a cowboy riding his horse into a local bar. In those days the arresting men split the money they received from the fine paid by the accused. The busiest days for law enforcement were usually on paydays, when everyone would gather together at the bars and lounges to drink and gamble in the gambling hall. "That partnership between law and order, typified by the justice and the cop, helped maintain decorum in a community which tended toward disregard for the law." (Larsen, 2009)

In 1907, W. Rowlee served as the first Town Marshal. Jake Bust followed Rowlee in 1908 as first Chief of Police, when Mobridge officially became a town. The salary for a policeman, as recorded in 1911, was $65 dollars a month. Over the course of 45 years, from 1911 to 1956, the salary gradually raised to $256 a month. "A 1961 community survey reported that the Mobridge Police Department consisted of six full-time police officers. The employees included one chief, one sergeant, four patrolmen and one matron on call. Clean, modern jail facilities were provided with four cells having the capacity of 28 prisoners - 24 men and 4 women." (Larsen, 2009)

Mobridge’s rich history provides great insight into the progression of criminal justice and law enforcement over the last century. From the types of crimes to the growth and expansion of police and jurisdiction, it is easy to see how new crimes and criminals create a demand for new policing techniques and resources. As that demand is supplied, another generation criminal justice emerges. (Larsen, 2009)

Works Cited

Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police Department - MPD history Retrieved from http://www.mobridgepolice.org/history.htm

Police Officer Issues

Some types of criminal activities officers of the Mobridge Police Department would have dealt with in the early twentieth century include: cattle rustling (as well as other animals such as horses), the manufacture, sale and distribution of illegal liquor, illegal bar and lounge operations, illegal gambling operations, public drunkenness, and the occasional burglary (Larsen, 2009). Today the Mobridge Police Department deals with a host of different crimes; these include: DUI, aggressive driving, seat belt violations (Larsen, 2009).

These crimes differ significantly from the early twentieth century ones, largely because of the widespread ownership of the automobile (ownership of which was largely relegated to the rich previously). Some crimes such cattle rustling likely still occur (especially in rural areas like Mobridge, South Dakota); burglary is also a crime this police department will have to deal with on occasion. Other crimes of the early twentieth century are no longer illegal (such as the manufacture sale distribution and consumption of Liquor, provided one is above the age of 21 and that one paid the respective tax on the beverage). Overall, it’s clear the crimes that the Mobridge South Dakota Police Department deals with today have evolved largely due to technological innovation. Nonetheless, some crimes (like burglary) the police must still contend with even into twenty-first century in much the same way their forbearers did in the twentieth.

Works Cited

Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police Department - MPD history Retrieved from http://www.mobridgepolice.org/history.htm

Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police – MPD Enforcement Programs. Retrieved from http://www.mobridgepolice.org/programs/index.htm

Police Issues Now



In South Dakota, the South Dakota State University Police Department is a full service police department that uses community policing. They provide police and emergency services which include but are not limited to traffic accident investigations, criminal investigations, motorist’s assistance, personal safety escorts and are the first responders for medical assistance. The department employs a Police Chief, Lieutenant, Sergeant, Police Officers, student patrol officers and various support staff, such as dispatchers. The department utilizes foot patrols, bicycles, and police cars to access the community. The services are provided 24 hours a day.

The South Dakota State University Police Department’s mission statement is "Members of the department are truly dedicated to the concept of providing both a timely and effective service to the university community and its visitors. The #1 priority of the SDSU Police Department is Crime Prevention and the safety of students, staff and visitors." (http://www3.sdstate.edu)

The SDSU Police Department has adequately addressed the challenge of defining their community. The SDSU Police Department uses foot patrol to access their community. Their jurisdiction includes the university campus, SDSU properties which are city and county wide. All police officers are trained and in compliance with the state’s law enforcement agency. The SDSU Police Department also has created several partnerships within the university community. The SDSU Police=2 0Department uses foot and bicycle patrols making them visible and easily accessible to the community. After a review of the SDSU Police Department’s information it appears they address several of the challenges our class learned about community policing.

Works Cited

The South Dakota State University Police Department Website, (2009), Retrieved From, http://www3.sdstate.edu/Administration/UniversityPoliceDepartment/LawEnforcementonCampus/

Offices, Total Personnel, Sworn Personnel, and the Number of Personnel per 100,000 Residents.

Local Agencies
Number of Agencies: 93
Number of Personnel: 1269
Per 100,000 Residents: 165
Sworn Number of Personnel: 915
Per 100,000 Residents: 119

State Agencies
Number of Personnel: 229
Per 100,000 Residents: 30
Sworn Number of Personnel: 154
Per 100,000 Residents: 20

Sherriff’s Office
Number of Agencies: 66
Number of Personnel: 841
Per 100,000 Residents: 109
Sworn Number: 154
Per 100,000 Residents: 50

With a high crime rate they should have more sworn officers than what they currently have. 119, twenty and fifty officer’s per 100,000 residents does not seem like enough to fully protect the community and bring down the crime rate.
With South Dakota having a fairly high crime rate 119, twenty and fifty officer’s are not a lot to keep crime to a minimum. If people see that there are not many officer’s this is a good reason for the crime rate to be high. If people in the town and state know that there are few officer’s patrolling for crime than they will be more likely to commit crimes knowing that there is that possibility that they will not be caught. With few officers it is impossibly for them to concentrate on all types of crimes. Therefore certain crimes would not be there first call, causing the crime rate to be at a high rate.

All Works Cited

Photo:

Photograph retrieved on September, 27, 2009 from: http://www.mobridgepolice.org/MPD1946c.jpg

History of the Mobridge Police Department of South Dakota:

Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police Department - MPD history Retrieved from http://www.mobridgepolice.org/history.htm

Police Officer Issues:

Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police Department - MPD history Retrieved from http://www.mobridgepolice.org/history.htm Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police – MPD Enforcement Programs. Retrieved from http://www.mobridgepolice.org/programs/index.htm

Police Issues Now:

Video: Video retrieved from YouTube on September, 27, 2009 from: http://www.youtube.com/watch?v=e0b-sGmDNyg&feature=player_embedded

The South Dakota State University Police Department Website, (2009), Retrieved From, http://www3.sdstate.edu/Administration/UniversityPoliceDepartment/LawEnforcementonCampus/

Legal Statute Questions for South Dakota Now Answered, Insanity Test Questions and a Crime Report....

In the state of South Dakota Rape is defined as the following:

An act of sexual penetration accomplished with any person under any of the following circumstances:

1. If the victim is less than thirteen years of age; or

2. Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim’s presence, accompanied by apparent power of execution; or

3. If the victim is incapable, because of physical or mental incapacity, or giving consent to such act; or

4. If the victim is incapable of giving consent because of any intoxication, narcotic, or anesthetic agent or hypnosis; or

5. If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim.

According to Introduction to Criminal Justice, by Larry J. Siegel (pg. 150-151),
Rape is defined as “the unlawful sexual intercourse within a female without her consent.” One of the main similarities between these two definitions is that they both involve the act of sexual intercourse, and that they are both done unwillingly. Although the general concepts of both definitions are similar the distinct detail allows for differences. Unlike the book definition, the definition that South Dakota defines is much more in depth. For instance the South Dakota statute holds limitation on age specifying that victims under the age of thirteen or victims having sexual intercourse with a person at least three years older than them between the ages of thirteen and sixteen, are all considered rape. There is also a distinction on who the victim is. The book states that rape is unlawful sexual intercourse within a female. The South Dakota definition does not specify a gender, but generalizes it to a “victim”. Also the South Dakota definition goes much more into depth on the phrase “without consent”. They give specific situations such as mental incapacity, intoxication, and harm against other people within the victim’s presence.

A Misdemeanor in South Dakota could includes a Simple Assault. In the state of South Dakota a Simple Assault is defined as the following:

A Simple Assault—misdemeanor-felony for subsequent offenses. Any person who:

1. Attempts to cause bodily injury to another and has the actual ability to cause the injury;
2. Recklessly causes bodily injury to another;
3. Negligently causes bodily injury to another with a dangerous weapon;
4. Attempts by physical menace or credibly threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or
5. Intentionally causes bodily injury to another which does not result in serious bodily injury;
is guilty of a simple assault.

According to Introduction to Criminal Justice, by Larry J. Siegel (pg. 150-151), an assault is defined as “intentional placing of another in fear of receiving an immediate battery.” Once again the similarities are apparent. They both include the intention of causing bodily harm to a victim. They are also vastly different. While the book definition states that a victim is placed into fear of receiving a battery, it does not state that any actual harm must occur. In the South Dakota definition this crime can still be classified an assault if bodily injuries occur. This definition is also much more descriptive on circumstances within a simple assault. This definition also states that the ability to actually cause harm to another person is not necessary, and that factors such as weapons, and negligence also play into effect.

The Insanity Test:

The insanity test used in South Dakota is the “Right/Wrong” M’Naughten Test. In this test it states that a person is legally insane if a person cannot distinguish between right and wrong (History of Insanity Defense). The insanity test means that at the time that the crime was being committed was made impossible for the person to have necessary "mens rea" to satisfy the legal definition of the crime (Page 151). When the person is claiming the insanity plea, it will then be up to the psychiatric testimony to prove the wrongful actions and therefore was legally sane or was mentally incapable of forming intent (Page 151). The verdict that the state of South Dakota hands down is ‘Not Guilty By Reason of Insanity’ (History of Insanity Defense). Since this is the verdict for the state of South Dakota the person is required by law to receive treatment (History of Insanity Defense).

Summary of 2007 South Dakota Crime Report:

Recently the Internet Crime Report was released revealing that South Dakota was ranked 50th in the nation for the total number of perpetrators that were thought to live in the state. The ICR received a total of 297 complaints from South Dakota; the most complaints were claiming Auction Fraud with 44% of the total number of complaints. Individuals who claimed Auction Fraud and Monetary loss averaged a loss of about $330. Among the complaints identity theft and check, computer, or credit card fraud were also listed. The majority of referrals by monetary loss were between $100-$999.99 with 40.3%. The greatest claim of monetary amount was said to be $205,000 from confidence fraud. 66.9% of the complaints listed the perpetrator to be male; leaving only 33.1% of them to be women. Complainant demographics list them to be most likely female (51.% of complainants listed themselves as female) and between the ages of 20-29 (24.2%). Complainants listing themselves as 60 years of age or older had the highest amount of loss per referred complaint with $2559.95.

Citations:

Citation for Photograph in Blog:

Picture: http://legis.state.sd.us/statutes/images/capitol.png (south Dakota legis. capitol building)Link: http://legis.state.sd.us/statutes/ (south Dakota statues)

Citations for South Dakota Rape and Misdemeanor Section:

(2009). In South Dakota Legislature : South Dakota Codified Laws 22-18-1. Simple assault. (chap. 22). Retrieved Sept. 21, 2009, from http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=22-18-1&Type=Statute
2009). In South Dakota Legislature : South Dakota Codified Laws 22-22-1: Rape (chap. 22). Retrieved Sept. 21, 2009, from http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=22-22-1&Type=Statute

Citations for South Dakota Insanity Test Section:

Larry J. Siegel. Introduction to Criminal Justice. 2010, 2008. Page 151.
A Brief History of Insanity Defense. http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/history.html#mn. September 19, 2009.

Citations for Summary of 2007 South Dakota Crime Report:

2007 South Dakota Crime Report obtained from The Internet Crime Complaint Center at: http://www.ic3.gov/media/annualreports.aspx

Justice Research, a Worthy News Story and Controversy in South Dakota Law........

SOUTH DAKOTA


2007 UNIFORM CRIME REPORT

The UCR (Uniform Crime Report) is a report which contains official crime data collected by the FBI from more than 17,000 local police departments. The UCR is divided into two major categories. The first is Part I crimes. Part I crimes are: murder/non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, arson and motor vehicle theft. The second is Part II crimes. Part II crimes include all other less serious crimes and misdemeanors, excluding traffic violations. The most recent UCR available for South Dakota was collected in 2007 due to the participation of 118 local agencies.

At that time Property Crimes which include burglary, larceny, motor vehicle theft and arson had increased more than 6% from 2006 and accounted for 91.83% of the total index crime. While $11,798,221 of stolen property reported in 2007 with a population of only 796,214 people may seem astounding, South Dakota actually ranked lowest in the nation with regard to Property Crimes (and fifth with regard to Violent Crimes) also of that $11,798,221 23% was reportedly recovered by law enforcement officials.


INQUIRIES BASED ON SOUTH DAKOTA’S 2007 PROPERTY CRIMES

UCR INQUIRY


Q: What was stolen?
FACT: Clothing and furs were reportedly the most commonly recovered items.
Q: When did the crime occur?
FACT: September reportedly had the highest number of occurrences.
Q: In which city did the crime occur?
FACT: Sioux Falls reported the highest percentage of index crime at 32.70%.

NCVS INQUIRY

Q: What is your relationship, if any, to your offender?
Q: Have you ever been a victim of this type of crime before?
Q: Was a threat of force, of any kind, used during the crime?


SELF-REPORT INQUIRY

Q: How many times in the past year have you taken something that did not belong to you?
Q: How many times in the past year have you knowingly bounced a check?
Q: How many times in the past year have you vandalized property which did not belong to you?

Arrest In April Shooting Death In Huron·

This story from the Sioux Falls Argus Leader describes the murder of Ricardo Hein by John LeGrand in Huron, South Dakota on April 16, 2009. The crime theory that best fits this crime is the rational choice theory. This is because LeGrand consciously chose to shoot Hein (in an effort to prevent him from getting money LeGrand owed for construction work). The newspaper does not describe any alcohol or drugs in LeGrand’s system when he shot Hein; neither does it mention LeGrand having any history of mental illness nor any chemical imbalance; thus, negating the psychological theory and the biological theory for this crime.

According to Keloland Television: "The men were fighting for several days about money before the shooting occurred." Keloland later notes "The two men met up on April 16 and got into a fight. Later that day, the two men saw each other again. Hein got out of his car to talk with LeGrand and fell. LeGrand then drove over Hein's leg. After Hein was treated at the hospital, he went to LeGrand's home around 5:30 p.m. When LeGrand found out Hein was on his way, he went to get a loaded shotgun from the master bedroom. Hein entered the home; police say it's unclear if he was carrying a knife. Hein was headed down the hall towards the master bedroom when LeGrand fired twice. When Hein turned to leave the house, LeGrand shot two more times." Although the Keloland article does note that Hein may have had a knife in his possession; one could make the argument that this was merely for protection against the violent LaGrand (who had earlier drove over Hein's leg). Thus, its clear that Rational Choice Theory best fits this crime. Overall, I feel the only way we can help LeGrand by removing him from society, locking him up for the rest of his natural life.

Controversial South Dakota Law Issues

In 2007 South Dakota established a statewide "Sobriety Program" that provides "an alternative to incarceration" after a driver is convicted of driving under the influence of alcohol or other drugs. In 2006 of the 191 traffic fatalities reported in the state 78 were alcohol related. Drunk driving is obviously a serious issue that requires serious punishments. This program basically establishes a way of getting off scott free for getting in a car intoxicated. The cost of this sobriety program which requires that previous DWI offenders be sober is very high. The offenders can be tested any given day of the week at any time. According to South Dakota's attorney general website they administer over 2 million tests since 2005. The costs of these tests come from taxpayer money and help to keep these "sober" previous offenders out of jail and on the streets. Also in 2006 there were over 11,000 DUI reporting in South Dakota but the program's website says that they only enrolled about 1,000 offenders into the program. That's only 1/11 of the total DUI offenders in the state. They are not effecting a good deal of South Dakota DUI offenders. Overall, the program does little to help the DUI problem in South Dakota and should be eliminated as a means of escaping jail time in the state.

In South Dakota it is illegal to renew or obtain any professional, recreational, permit or certification license if child support is owed by the individual. This law is a good idea in theory but also can hurt the people who are meant to receive the child support to. If the individual is trying to start up a business to get back on his feet and pay the child support, the law is preventing him from doing so. He will not be able to get his business permits or professional license to start a legitimate and legal business to earn the money he owes to pay his child support. Nor will he be able to renew his business license if he owes the child support either meaning he will lose his business and have no means at all of earning the money. When child support is owed the person owing the money is already under plenty of other legal problems. They are committing a felony by not paying their child support. According to South Dakota law also their assets are can be considered for payment instead of their monthly income. So if the ower of money is not paying the child support he might get his savings account held or his life insurance policy taken away. So there are other repercussions already in place that would encourage people to keep paying their child support, taking away their license is unnecessary.

Feedback on Class Blogs

It was difficult to pick just one blog post as each contained something relevant to the assignment and to criminal justice. What was most interesting was each blog’s presentation of the layers of the criminal justice wedding cake. It was interesting to read about the differences and similarities between each of the States.

Each blog presented different but useful information. Such as, the Alaska group blog contained interesting information regarding the Alaska Supreme Court reversing an unconstitutional decision regarding a man’s DUI conviction. The Texas group presented several important links to State agencies in their state. The Maryland group noted that the Maryland Supreme Court and Judiciary Courts do not present mission statements. The Minnesota blog noted that larceny is the most common crime.

Also, each group blog presented different layouts and pictures. For example, the Kansas group’s background is a yellow brick and their blog uses fun titles such as "Not in Kansas Anymore".
Each group blog contained some aspect of the assignment and provided the useful information by way of providing information regarding criminal justice and assignment one.


Citations


Photo Citation: South Dakota Highway Patrol http://hp.state.sd.us/recruit/images/week1%20recruits%20fall%2005.jpg

Citaions for Uniform Crime Report

Office Of Attorney General Criminal Statistical Analysis Center. (2008) Crime in South Dakota 2007. Retrieved on September 14, 2009, from.....
http://dci.sd.gov/administration/sac/publications/CSD2007.pdf

Citations for Arrest in April Shooting Death in Huron

Arrest in April Shhotin Death in Huron Retrieved on September 14, 2009, from..... from the World Wide Web: http://www.keloland.com/NewsDetail6162.cfm?ID=87849 and
http://www.argusleader.com/apps/pbcs.dll/article?AID=200990825060

Citations for Controversial South Dakota Law Issues

South Dakota Unified Judicial System, (2007). Felony Caseloads in South Dakota-Annual Report. Retrieved on September 14, 2009, from..... http://www.sdjudicial.com/downloads/ar/fy2006/crcd.pdf

South Dakota Attorney General's Office, (2009). 24/7 Sobriety Project. Retrieved on September 14, 2009, from..... http://www.state.sd.us/attorney/DUI247/247stats.htm

South Dakota Legislature, (2007). South Dakota Codified Laws. Retrieved on September 14, 2009, from..... http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-7

Citations from Class Blogs

http://coldcrimes.blogspot.com/2009/09/assignment-2.html
http://coloradocrimefamily.blogspot.com/2009/09/wedding-cakes-and-expenditures.html
http://crj104delaware.blogspot.com/2009/09/layers-of-criminal-justice-wedding-cake.html
http://crj104hawaii.blogspot.com/2009/09/layers-of-criminal-justice-wedding-cake.html
http://csivermont.blogspot.com/2009/09/welcome-to-csi-vermont.html
http://texascrj104.blogspot.com/2009/09/question-and-answer.html
http://crj104mmm.blogspot.com/2009/09/government-does-not-provide-free.html
http://arizona8.blogspot.com/2009/09/arizona-research-and-statistics.html
http://tennesseetyrants.blogspot.com/2009/09/mission-statement-of-tennessee.html
http://unlvcrj.blogspot.com/2009/09/criminal-justice-wedding-cake.html
http://vengeancefromvirginia.blogspot.com/2009/09/assignment-1.html

Welcome to Our Criminal Justice Blog

Thank you for coming to the Criminal Justice Blog. There are eight students working together on this site to keep it updated throughout the semester. Of the eight students MR is not a Criminal Justice major, but rather in the Computer Sciences and Informatics. SE is a 18 year old female majoring in Criminal Justice and would someday like to work in Internal Affairs. BD is taking a Criminal Justice class out of interest but is considering majoring in this field. SM is a hotel major but is now considering employment in the criminal justice field. ND recently graduated UNLV with a degree Political Science, but has returned because he is interested in getting into the Criminal Justice field. JC, CD, and J also have taken some interest to Criminal Justice and are currently taking the course as part of furthering their education.
The Criminal Justice Wedding Cake

(photo taken from How to Do Just About Everything at
ehow.com/about_5063112_different-types-jobs-criminal-justice.html)

The criminal justice wedding cake is a representation of the hierarchy of the informal justice process. This cake consists of four layers, or, four types of cases seen in the justice court systems.
Layer one consists of high profile cases, usually involving a celebrity, someone well known, or rich. This could also include widely publicized cases which are seen on the television or in other mass media.
Layer two includes cases where a serious felony has been committed. Rapes, murders, and other serious actions fall under this category. People who commit crimes in this layer are usually experienced offenders or if the techniques used to commit the crime indicate the suspect is a pro.
Layer three contains felonies done by first-time or young offenders. The crimes in the layer can be similar to crimes in layer two except for certain circumstance which make the crime in less need of urgent attention. For example, a fight between rival gangs will not be viewed as important or as serious as a man committing aggravated assault and battery against a random family or person. Layer three crimes have a higher chance of being dismissed or resulting in a plea bargain or reduction in charges.
Layer four is the bottom and largest layer. Here we find the million of misdemeanors and smaller crimes which are handled by the lower criminal courts. These cases are dealt with in an assembly line fashion and typically result in a small fine for the accused.

South Dakota has prevalent with examples of the wedding cake theory.

An example of the first layer is The Crazy Horse Robber in Rapid City, South Dakota. 18 year old Arlen Lee Hatten also known as the Crazy Horse Robber is receiving plenty of media attention after he pulled a fire arm on a 73 year old ticket booth worker at the Crazy Horse Memorial in Rapid City. This case has received a good deal of media attention in South Dakota partly from the violence of robbery and the age differences between the robber and his victim. (Journal Staff, 2009)

According to The Rapid City Journal "Irvin Salway, 36, was sentenced to six months in prison for striking and beating a woman with a knife at the La Creek North Housing unit on the Pine Ridge Indian Reservation in February. Salway pleaded guilty to the charge." This highly brutal case can be an example from the second layer of the cake where Salway committed a very serious crime and criminal justice officials were adamant about giving him the full extent of the law. (Journal Staff, 2009)

Terry Charmaseon of Sioux Falls, South Dakotais up for simple assault charges for a scuffle he and his former girlfriend got into. Charmaseon's case will likely be dismissed as he was a first time offender and was later assaulted from an altercation involving another man and the same girlfriend. This case represents the third layer of wedding cake because Charmaseon was a young, first time offender and the case wasn't in need of immediate attention. (Walker, 2009)

Daniel Contreras was recently in the news in South Dakota for coming back into the U.S. illegally after being deported from the States. Contreras can face up to two years in U.S. prisons if he sentenced. His case is a good example of the fourth layer of cake which includes small misdemeanor case that will not gain much public attention and will probably be dismissed. (Journal Staff, 2009)

The South Dakota Department of Corrections is responsible for overseeing correction in the state of South Dakota. The mission statement of this agency is to “protect the citizens of South Dakota by providing safe and secure facilities for juvenile and adult offenders committed to our custody by the courts, to provide effective community supervision to offenders upon their release and to utilize evidence‐based practices to maximize opportunities for rehabilitation.”This mission statement would seem to lead to the rehabilitation perspective.The rehabilitation perspective deals more with crimes being an expression of frustration and anger created by society, and focus more on treatment than punishment. This can be seen in the South Dakota Department of Corrections through the many programs such as Inmate Work PROGRAM SPOTLIGHT, Rehabilitation (STAR) Academy, and the West Farm program near Sioux Falls, that have been presented to help the prisoners through the process of rehabilitation. The South Dakota Department of Public Safety and Judiciary is responsible for providing safety,protection and support to society. The South Dakota Department of Public Safety and Judiciary mission statement is “to keep South Dakota a safe place in which to live, work, visit and raise a family.” This department follows a due process perspective. The Due Process perspective emphasizes equal treatment, whether it be in someone’s constitutional rights, or the sentences of a person. Advocate helping through connections and integration with the community. Actssuch as coordinating and communicating Homeland security plans and procedures to state,local, tribal, and federal governments, and ensuring that citizens receive fair and unprejudiced trials by judges, follow the beliefs of the Due Process Perspective. (2009)


According to online federal statistics, (Perry, 2006), the expenditures for the justice system in South Dakota are as follows:

Breakdown of Expenditures

Total justice system expenditure for 2006: $333,652

Police: $ 131,923 %39.5
Judicial and legal: $ 61,155 %18.3
Corrections: $ 140,574 %42.1

Possible causes for most costly system: Corrections uses the most amount of funds, totaling over forty two percent of the total justice funds. This may be attributed to the amount of facilities and resources needed to house criminals, whether it be jails or corrections centers, and the staff needed to maintain the criminals and the facilities being used. Law enforcement and Courts push criminals through the system and into corrections, where the criminal will likely spend most of their time when being handled by the justice system.

Possible ways to reduce spending: The justice system could review its yearly budget and separate the necessities from the commodities. First ensure that the needs of the criminals in corrections are taken care of. Then they can decide which commodaties are not necessary and remove them from the budget. Also, the courts can review their standard operating procudures and ensure that the system they are using is adequate and as efficient as possible.

Citations

(2009). Department of Correction. Retrieved September 4, 2009, from Department of correction state of South Dakota Web site: http://doc.sd.gov/

Journal Staff, (2009, September, 07). Crazy Horse robbery suspect charged in federal court.
Rapid City Journal, Retrieved September 07, 2009, from
http://www.rapidcityjournal.com/articles/2009/09/08/news/local/doc4aa2e032a1d3b267505049.txt

Perry, S. W. (2006). Justice expenditure and employment statistical extracts 2006, NCJ 224394. Criminal Justice Expenditure and Employment Extracts Program (CJEE). Retrieved from http://www.ojp.usdoj.gov/bjs/eande.htm#selected

Walker, Jon (2009, September, 05). Wounded Man Faces Charge. Argus Leader, Retrieved
September 07, 2009, from
http://www.argusleader.com/article/20090905/NEWS/909050303/1001/news