Saturday, September 26, 2009

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

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

Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police – MPD Enforcement Programs. Retrieved from

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." (

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,

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


Photograph retrieved on September, 27, 2009 from:

History of the Mobridge Police Department of South Dakota:

Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police Department - MPD history Retrieved from

Police Officer Issues:

Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police Department - MPD history Retrieved from Larsen, Tony M., & Mobridge Police Department (2009). Mobridge Police – MPD Enforcement Programs. Retrieved from

Police Issues Now:

Video: Video retrieved from YouTube on September, 27, 2009 from:

The South Dakota State University Police Department Website, (2009), Retrieved From,

Tuesday, September 22, 2009

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.

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.


Citation for Photograph in Blog:

Picture: (south Dakota legis. capitol building)Link: (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
2009). In South Dakota Legislature : South Dakota Codified Laws 22-22-1: Rape (chap. 22). Retrieved Sept. 21, 2009, from

Citations for South Dakota Insanity Test Section:

Larry J. Siegel. Introduction to Criminal Justice. 2010, 2008. Page 151.
A Brief History of Insanity Defense. 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:

Tuesday, September 15, 2009

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



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.



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%.


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?


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.


Photo Citation: South Dakota Highway Patrol

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.....

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: and

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.....

South Dakota Attorney General's Office, (2009). 24/7 Sobriety Project. Retrieved on September 14, 2009, from.....

South Dakota Legislature, (2007). South Dakota Codified Laws. Retrieved on September 14, 2009, from.....

Citations from Class Blogs

Saturday, September 5, 2009

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

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.


(2009). Department of Correction. Retrieved September 4, 2009, from Department of correction state of South Dakota Web site:

Journal Staff, (2009, September, 07). Crazy Horse robbery suspect charged in federal court.
Rapid City Journal, Retrieved September 07, 2009, from

Perry, S. W. (2006). Justice expenditure and employment statistical extracts 2006, NCJ 224394. Criminal Justice Expenditure and Employment Extracts Program (CJEE). Retrieved from

Walker, Jon (2009, September, 05). Wounded Man Faces Charge. Argus Leader, Retrieved
September 07, 2009, from