Test 2 Notes
Test 2 Notes Criminal Justice 220
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Chapter 5 Notes Criminal Investigation 0 Introduction Investigative work is largely misunderstood often boring and overrated it results in arrests only a fraction of the time and relies strongly on the assistance of witnesses and even some luck 0 Scone of Forensic Science and Criminalis 393 De nitions of Terms Forensic science a broader term and is that part of science used to answer legal questions o It is the examination and explanation of physical evidence in law Criminalists is a branch of forensic science deals with the study of physical evidence related to crime 0 Crime scene may be reconstructed o Criminalists is interdisciplinary drawing on mathematics physics chemistry biology anthropology and others The analysis of physical evidence is concerned with identifying traces of evidence reconstructing criminal acts and establishing a common origin of samples of evidence 0 6 types of information that physical evidence can provide Information on the corpus delicti body of the crime shows a crime was committed Information on the modus operandi method of operation the ways a crime are committed Linking a suspect with a victim the connection between the victim and suspect such as blood a knife Linking a person to a crime scene the connection between the suspect and the scene ngerprints bers stolen property Disproving or supporting of a witness s testimony evidence that indicates whether or now a person s version of events is true Identi cation ofa suspect placing the suspect at the crime oz A Word About Crime Scenes The protection of the crime scene and all evidence contained within is of the upmost importance It is critical that at the moment they arrive responding personnel are trained to 0 First describe vehicles and individuals with accuracy 0 Second assess the scene for of cer safety 0 Third watch for violent persons and attend to any emergency medical needs 0 Fourth prevent any unauthorized persons from entering a scene 0 Origins of Criminalistics The rst major book describing the application of scienti c disciplines to criminal investigations was written in 1893 by Hans Gross Two prominent aspects of criminalistics is personal identi cation and rearm analysis 393 Personal Identi cation Anthropometry and Dactylography Dactylography ngerprint identi cation Widely used today Anthronometrv BertiIon System a system that believed humans differ from each other in the exact measurements of their bodies and the sum of these measurements yield a characteristic formula for each individual Developed in 1882 by Alphonse Bertillon Considered the father of criminal investigation 0 First attempt at criminal identi cation He preformed menial tasks in 1879 for the Paris Police Department ling cards that described criminals so vaguely 1883 this system made its rst correct criminal identi cation giving it worldwide attention Abandoned in the 20th century A major breakthrough in ngerprinting was made by Edward Henry in 1897 Developed a ngerprintclassi cation system The Jones Case 1904 Sergeant Joseph Faurot of New York City was sent to England to study ngerprints when he returned they said to forget that nonsense In 1906 he arrested a man who was creeping out of a suite at the WaldorfAstoria Hotel The man claimed to be a respected man by the name ofJames Jones but Faurot sent his ngerprints in and learned this man was actually names Daniel Nolan and had 12 priors for hotel theft Nolan confessed and was sent to prison for seven years 0 This case greatly increased the creditability of ngerprinting The West Case 1903 Will West arrived at the federal penitentiary in Leavenworth Kanas From the Bertillon system they thought he was already residing there The ngerprints show the le belonged to William West his brother 0 This established superiority of nger prints over anthropometry as a system of personal identi cation oz Locard s Exchange program Locard s Exchange Principle this theory asserts that when any person comes into contact with an object or other person a cross transfer of evidence will occur Developed in 1910 by Dr Edmond Locard This is why its crucial that the crime scene be protected against contamination such trace evidence may be properly collected and preserved o3 Firearms Identi cation Firearms are involved in nearly 500000 fatal and nonfatal violent crimes per year in this country of those incidents about 11000 results in murder and 52000 in nonfatal shoo ngs Frequency of shootings have made rearm identi cation important Valentines Day Massacre occurred in Chicago in 1929 o A special grand jury inquired that there was no facilities for analyzing the numerous amounts of bullets Result they raised funds to establish a permanent crime laboratory Colonel Calvin Goddard was appointed to be the director of the lab and is responsible for raising the status of rearms identi cation to a science and perfecting the bullet comparing microscope Firearms identi cation goes beyond the linking of a victim and suspect it identi es ammunition designing rearms restoring serial numbers and estimation distance between muzzle and victim 393 Contributions of August Vollmer and Others In 1907 August Vollmer the police chief of Berkeley California he enlisted the services of a University of California chemistry professor Leob to identify a suspected poison during a murder investigation 0 Courses in forensics are now offered as a part of biochemistry forensic science at University of California Berkeley Vollmer instituted a formal training program to ensure that his of cers properly collected and preserved criminal evidence His support helped John Larson produced the rst workable polygraph in 1921 In 1923 he established the rst full forensic laboratory in Los Angeles Other important contributors Albert Osborn wrote the Questioned Documents in 1910 Edmond Locard who had a central interest in locating microscope evidence Leone Latters developed a blood typing procedure from dried blood in 1915 Key event in serology FBI Federal Bureau of Investigation Created in 1908 o In 1924 J Edgar Hoover assumed leadership of the FBI 0 11 years later congress enacted legislation giving the FBI its present designation 0 1932 the FBI established a crime laboratory and made its services free still free today to state and localpoHce 1935 opened the National Academy which provided training courses for state and local police as well as federal of cers 0 In 1967 the FBI made the National Crime Information Center NCIC operational this provided data on wanted persons and stolen property in all 50 states Hoover and the FBI vastly improved policing practices in the United States keeping crime statistics and assisting investigations 0 Forensic Science and the Criminal justice System 393 Investigative Stages and Activities Criminal either leave a bit of themselves at crime scene or take a piece of themselves with them The police and crime lab need to unify there efforts to nd that piece of incriminating piece of evidence which they can use with other parts to determine who committed the crime In the apprehension process police of cers respond conduct a search for the offender and check out suspects 0 When successful the evidence for charging the suspect is assembled and the suspect is apprehended Preliminary Investigation 0 This is crucial involving the rst of cer at the scene Duties to be completed include establishing whether a crime has been committed securing witnesses getting descriptions interviewing witnesses and the victim protecting the crime scene determining how the crime was committed recording in eld notes sketches and photographing the crime scene Continuing Investigation 0 Duties include follow up interviews developing a theory of the crime analyzing the signi cance information and evidence continuing the search contacting crime labs assessing the evidence conducting surveillance interrogations and preparing the case Reconstruction of the Crime 0 They seek the rational theory of the crime 0 The collected information and evidence are carefully analyzed to develop the theory Often the theory is reached with some help from the careless criminal Major trait of criminals is vanity their belief in their own cleverness not chance This often leads to the mistakes which investigators look for Focus of the Investigation 0 In this step all the efforts are directed toward proving that one suspect is guilty oz Arrest and Case Preparation The person arrested can be searched and booked at the police station and ngerprints can be taken for identi cation and possible future use Evidence can be found at any stage 0 Any evidence found during the arrest must be collected marked transported and preserved as carefully as if it was at the crime scene Case preparation is organization 0 All evidence must be arrayed in a orderly manner then forwarded to the prosecutor The defendant my offer an af rmative defense admitting the he or she committed the acts charged 0 but claiming that he or she is coerced acted in self defense was legally insane or they may even attack that there was no crime committed The prosecutor reviews the case and if warranted prepares for trial otherwise they will waive the case if its not strong enough Often a case is cleared even with no arrest 393 Detectives Qualities Myths and Attributes Detective work is seldom glamorous or exciting as they spend most hours on the phone Not all cases have a good or even a 5050 chance of being cleared by an arrest 0 A study of over 150 departments they learned that only 20 of crimes could have been solved with detective work they also found that 50 percent of all reported crimes received more than the minimal half hour s investigation by detectives Detectives understand that a criminal is more than a criminal It is said to be a successful investigator they must possess for person attributes to enhance the detection of crime 0 An unusual capability for observation and recall an extensive knowledge of the law rules of evidence scienti c aids and laboratory services and a powerful imagination and a working knowledge of social psychology A detective should also be able to empathize with the suspect and have deductive reasoning Of cers Who quotDisappearquot Working Undercover Undercover work is highly sought after and valued type of investigative police work Undercover work is de ned as the assignment of police officers to investigate roles in which they adopt ctitious civilian identities for a sustained period of time in order to uncover criminal activities Undercover work has increased greatly since the 1970s owing largely the expanded drug investigations The selection process typically is intense and very completive 393 Problems with the Role The conditions of undercover work may lessen the of cers accountability and lower adherence to procedural due process and con dence in the rule of law One of the most important requirements is that they have the ability to cultivate informants for information on illegal activities and for contact with active criminals Deals and bargains must be struck and honored Undercover of cers must sustain a deceptive front over extended periods of time 0 With this they face increased risk od stress induced illness physical harm and corruption In a study it was found that the greater number of assignments undertaken the more drug alcohol and disciplinary problems they face Their value systems often change from their association with criminals They sometimes also face a separation from themselves disrupting or interfering with officers family relationships and actives leading to a loss of identity and the adoption of criminal persona distancing themselves from a conventional lifestyle Example A northern California police officer that participated in a deep cover operation for 18 months riding with the Hell s Angeles He was responsible for a very large number of arrests including previously almost untouchable highlevel drug dealer The cost though was heavy drug use alcoholism breakup of his family inability to t back in resignation several bank robberies and a prison term 393 Return to Patrol Duties Usually the transition is an awkward experience for many officers who have difficulty adjusting to the everyday routine of traditional police work They suffer from emotional problems such as anxiety loneliness and suspiciousness 0 These most of the time this leads to family problems 0 Contributions of Medical Examiners The motto of the National Association of Medical Examiners is quot This is the place where death rejoices to help those who livequot Death investigations in every jurisdiction are conducted by either a medical examiner a corner Medical Examiners are usually physicians pathologists who are appointed for unspeci ed terms Coroners are usually individuals who serve for a xed terms that may or may not be trained in the medical sciences The individual preforming the medical examination is to gather the past medical history of the deceased and then preform the autopsy After the autopsy the information is correlated and conclusions may be drawn as to the cause and manner of death 0 Uses of the Polygraph With a downturn in police budgets and related resources leading to increased investigative caseload the use of the polygraph for identifying the guilty has become highly desirable in order to make a better time of the investigators time The function of the polygraph seeks determine truth or deception and thus requires training and education as well as the use of questioning techniques 0 The psychophysiology of the polygraph instrument lies with its ability to record physical changes related to the autonomic nervous system The person who will administer the polygraph is the polygraph examiner and the investigator should provide that person with pertinent case facts to address the issue they wish to resolve 0 Prior to the examination the examiner will conduct a pretest to familiarize the examinee with the process and procedure also to gain an understanding of the subjects knowledge of related case facts and circumstances 0 A pretest is also administered to make sure the person is in necessary mental physical and emotional state for testing This will prevent a false positive a truthful examinee being reported as deceptive and a false negative a deceptive examinee being reported as truthful The common belief that polygraph examination results are not admitted into evidence in court is untrue Some courts admit polygraph evidence even over the objection of counsel 0 Some judges uses polygraphs results in sentencing decisions Its also common for prosecutors to use polygraph results to decide which charges to le if any 0 DNA Analysis oz Discovery and Types of Analyses Alec Jeffreys in 1984 established that portions of the DNA structure are as unique to each individual as ngerprints and that inside each of the sixty trillion cells in the human body are strands of genetic material DNA pro ling DNA typing Genetic ngerprinting has shown much promise in helping investigators to solve crimes and ensure those guilty of crimes are convicted in court my the examination of DNA samples from body uid hair and bones to determine whether they come from a particular subject 0 In 2007 DNA evidence was used to exonerate the 200th person a former Army cook who spent nearly 25 years in prison for a rape he did not commit The FBl s DNA Analysis Unit and many other forensic laboratories in the United States examine evidence from a wide variety of alleged crimes including counterterrorism threating letters violent crimes and many others The method of DNA analysis that is used today is quotpolymerase chain reactionbasedShort Tandem Repairquot this technique allows for the analysis of extremely small body uids stains as well as the analysis of samples with no visible staining 0 CODIS Combined DNA lndex System CODIS was initiated in 1998 and was software to manage the program since that time it has become the worlds largest repository to the known offender CODIS provides software and support services to state and local laboratories for establishing their databases of convicted offenders unsolved crime scenes and missing persons 393 DNA Policy Nightmare Solving Property Crime DNA pro les can be obtained from such nontraditional sources of evidence as computer cords jewelry boxes and door handles A study revealed when DNA was analyzed 0 More than twice as many suspects were identi es Twice as many were arrested 0 More than twice as many cases were accepted for prosecution Suspects were ve times as likely to be identi ed through DNA evidence as through ngerprints The question today is if DNA should be applied to property crimes 21 million burglaries are reported to the police and that only one in eight will be solved oz Post conviction DNA Tests The Supreme Court Speaks In 2009 the US Supreme Court addressed the question of whether or not convicts enjoyed a constitutional right to such testing in hopes of proving their innocence 54 decision ruling they had no such right The decision was seen as having a limited impact because the federal government and fortyseven states had laws allowing convict some access to genetic evidence 393 A wider Net New Law Expands DNA Gathering In 2007 the US Department ofJustice had nalized guidelines for allowing the collection of DNA from most people arrested or detained by federal authorities a vast expansion that will include thousands of illegal immigrants o3 Familial DNA Police agencies are using another way to solve cases which is using DNA databases to match crime scene evidence with the DNA of a suspects family members 0 This occurs when the police use DNA for close but not exact matches CivilLiberties groups and legal scholars have concerns about privacy and ethical issues 0 Criminal Pro ling and Psycholinguistics Criminal Pro linq the focus of analyzing a perpetrator while at a crime scene 0 Pro ling depends on the pro lers ability to draw on investigative experience training in forensic and behavioral science and empirically developed information about the characteristics of known offender Pro ling works in harmony with physical evidence Victims play an important role in the development of a pro le as they can provide the investigator with the offenders exact conversation Serial Murders killers who are driven by the compulsion to murder again and again are also pro led o Mainly solitary males and an alarming amount of medical professionals Psychoinguistics provides an understanding of those who use criminal coercion and strategies for dealing with threats 0 A quotthreat dictionaryquot containing more than 350 categories and 15 million words is consulted these signature words and phrases are than used to identify potential subjects The pro ling program requires 12 months of intensive training and handson pro ling experience and consisted of an academic phase and an application phase 0 Developing Areas in Forensic Science and Investigation 393 Using Social Networking Sites Police and Prosecutors now obtain search warrants to scour social sites for postings videos contact info photos private messages proof of criminal conspiracies 92 of all agencies in the United States are using digital tools to ght crime 0 Citizens and criminals are more willing to share information online oz No Stone Unturned Cold Cases Cold Cases unsolved cases due to lack of viable leads time constraints work load of original of cer 0 Many agencies are plagued by these so they have created a squad to deal only with cold cases oz Use of quotNonhuman Detectivesquot Dogs The use of dogs has been very successful as they can detect bombs drugs nd survivors and human remains 32 dog teams were used in New York and New Jersey to search for survivors following Hurricane Sandy in 2012 o Is There a quotCSI Effectquot Television shows are creating a unrealistic courtroom expectation among jurors that can not be achieved causing a CSI effect 82 of the judges believe that shows like CSI have distorted the publics perception of time needed to obtain forensic results 0 CSI has made it harder to convict o Investigative Tools Informants interviews and lnterrogations oz Use of Con dential lnformants Sometimes common citizens act as informants contacting the police in order to report suspicious or criminal activity 3 ways agencies manage the informants Having policies and procedures and training in techniques for working with informants o Maintaining an informant le system and establishing credibility Requiring supervisory approval to be obtained before they become an informant Informants identities must be protected otherwise there lives could be put into jeopardy 393 Conducting Interviews and Interrogations Interviewing someone is merely to question him or her in order to obtain super cial information 0 Don t focus on or involve a speci c criminal related event Interrogating someone are purposeful and focus on a crime and thus involve the formal questioning of a suspect in order to obtain incriminating information Chapter 6 Notes Personnel Issues and Practices 0 The Silent Epidemic Stress The job of policing has never been easy but the danger frustration and family disruption of the past of the past have been made worse by the drug war and violent criminals who have more contempt for the police then over before oz Nature and Types of Stress Stress nonspeci c response of a body to demands placed on it 0 Positive stress eustress a positive thing but causes stress on the life 0 Negative stress distress negative situations Traumatic Stress result of a extremely stressful event this is immediate and has a profound effect 0 Chronic Stress the accumulation of these effects of numerous stressful events over time Homeostasis the body at is normal state oz Sources of Stress Organizational and Administrative Practices 0 Police departments follow strict rules and regulations that are dictated by top management They feel powerless and alienated about the decisions of the job 0 Females experience stress in the male dominated police force because of sexual harassment and receiving different treatments The Criminal Justice System 0 The courts have the most direct impact on police officers and probably the greatest source of stress from the criminal justice system Judges will display hostile attitude towards officers The Public 0 Police officers develop unrealistic or inaccurate ideas about citizens as a result of their negative encounters Officers must keep their relationships with citizens in a proper prospective Stress lntrinsic to Police Work 0 Police work is fraught with situations that pose physical danger to officers which causes stress oz Effects of Stress 15 of officers are in a burnout phase at any time 0 These of cers account for 7080 of all the complaints of against their department It is imperative that of cers learn to control their stress before it causes deep physical and or emotional harm Police are at a higher rate for suicide because of their access to rearms continues exposure to human misery shift work social strain marital differences physical illness and alcoholism oz Employee Assistance Programs The have a comprehensive wellness program that has 5 key elements 1 Physical tness 2 Stress management 3Psychoogical and mental health 4 Nutrition and dietary behaviors 5 Alcohol and chemical dependency 0 Labor Relations Of cers39 Right Unionization and Collective Bargaining Labor Relations a broad term that includes of cers employment rights and the related concepts of unionization and collective bargaining Police Of cer Bill of Rights In the 19805 and 19905 police of cers began to insist on greater procedural safeguards to protect themselves against what the felt was against their rights 0 This gives of cers the right to due process when involved in internal investigations 0 Provisions to the Bill of Rights Written notice The department must provide the of cer with written notice of the nature of the investigation summary of misconnect and the name of the investigating of cer Right to Representation Allowing an of cer to have an attorney or representative at his hearing or questioning Polygraph Examination The of cer may refuse to take the polygraph examination 0 Of cers expect to be treated fairly honestly and respectfully during the course of an investigation Grievance lling a complaint 0 The procedure is a formal process that involves the seeking of redress of the complaints through progressively higher channels within the organization Since the 19705 the unionization of the police has ounshed o The Fraternal Order of Police claims to hold the largest membership Collective Bargaining the process of negotiations between employer and employees The purpose of bargaining is to produce a bilateral written agreement to which both parties will blind themselves during the lifetime of the agreement ob Action is an activity in which employees engage to express their dissatisfaction with a particular person even or condition or to attempt to in uence the outcome of some matter pending before decision makers Fair labor Standards Act FLSA changed American Policing because it meant that the policing officers could no longer be required to work more than 8 hours a day or 40 in a week 0 The act also provides minimum pay and overtime provisions covering both public and private sectors employees and contains special provisions for re ghters and police officers 0 The FLSA was rst enacted in 1938 to protect the rights and working conditions of employees in the private sector In 1985 the supreme court brought state and governmental workers under it to in the case Garcia v San Antonio Transit Authority 0 Public Safety employees may secure a maximum of 480 hours of Comp time which if not utilized as leave must be paid of upon separation from employment at each employees nal rate or at the average pay over the last 3 years whichever is greater 0 Higher Education 393 Lagging Behind 30 of the population is 25 or above with a bachelors degree Less than one third of the police forces which is 32 percent offer of cers some form of educational incentive pay 393 An Enduring Century Having a college degree is the most controversial issue of policing Efforts to involve college educated personnel in police work was rst made by August Vollmer when he recruited University of California students as part time police of cers in Berkeley By 1973 ninety ve thousand college and university students were receiving Law Enforcement Education Program LEEP assistance LEEP provides tuition assistance for in service police of cers and preserve students 393 Rationales for and Against Higher Education for Police 1973 the National Advisory Committee on Criminal Justice Standards and Goals concurring that collegeeducated of cers were needed but this was not enforced A major argument by police administrators against requiring a college degree for entry level of cers is that the recruitment of minorities will greatly suffer which is problematic in at a time when agencies seek to diversify their ranks o On Guard The Private Police oz Nature and Types Proprietary services in house security services directly hired and controlled by the company or organization Contract Services are those outside rms or individuals hired by the individual to company to provide security services for a fee Private Police protecting executives and employees tracking and forecasting security threats monitoring alarms preventing and detecting fraud conducting investigations providing crisis management and prevention and responding to substance abuse 393 Attempts to Unify PublicPrivate Police Employment in private security is nearly 3 times that of the public police and its spending more than double The private security industry is invented in the use of technology the investigation of high tech and economic crime crime and loss prevention Operation Cooperation was established in 2000 and funded by the Bureau ofjustice Assistance and US Department ofjustice the purpose is to persuade police sheriffs and security professionals to work together and establish organizations together The Federal Law Enforcement Training Center launched Operation Partnership which was a 23 day training program for instructing public and private police managers Chapter 7 Notes Rule of Law 0 Introduction The bill of rights was passed largely to protect all citizens from excessive governmental power The rule ofawthe means are more important than the ends is identi ed by 3 principles 0 Absolute supremacy or predominance of regular law as opposed to the in uence of arbitrary power Equality before the law or equal subjection of all classes to the ordinary law of the land administered by the ordinary courts 0 Law of the US constitution as a consequence of the right of individuals as de ned and enforced by the courts Laws are enacted by courts and legislatures as well as by the acts of Congress and treaties and are found in the US and state constitutions and statutes administrative lave Aspiring police officers students of criminal justice judges prosecutors defense attorneys must keep up with the changes in the laws 0 Fourth Amendment The fourth amendment is intended to limit overzealous behavior by the police Its primary protection is the requirement that a neutral detached magistrate rather than a police officer issue warrants for arrest and search and seizure This required that the necessity for a person s right of privacy to yield to society s right to search is best described by a neutral judicial officer oz Probable Cause Probable Cause says that the officer must have more than a mere hunch yet less than actual suspicion the suspect committed the crime 0 The standard for legal arrest The court will examine the type and amounts of probable cause as the time of the arrest oz Exclusionary rule Exclusionary rule requires all evidence obtained in violation of the 4th amendment to be excluded from the governments use in criminal trial Mapp vs Ohio 0 In May of 1957 Dolree Mapp s house three officers showed up to follow up with a tip that a suspect in a bombing was hiding in there The of cers knocked and demanded to be let in but Mapp refused entry The of cers forcibly entered the house Mapp demanded to see the search warrant Once her attorney arrived he was not allowed to enter the house and Mapp was taken forcibly upstairs where they searched her belongings and found obscene magazines She was charged with possession of obscene materials she was convicted In May of 1959 the Ohio Supreme Court said the materials were not hers since the were seized illegally and in June of 1961 the US Supreme Court overturned the conviction 393 Modi cations of the Exclusionary Rule Public Safety Exception when the case presents concern for the publics safety the literal adherence to the rules is outweighed lnevitably of discovering expectation allows information that isn t given by the suspect to be tried The last is that evidence obtained in a search and seizure can be used if later the search is found to be invalid oz Arrests A basic condition of freedom is that one cannot be legally seized in an arbitrary and capricious manner at the discretion or whim of any government of cial Exigent services sudden or urgent crisis 0 1980 police were required to obtain warrants when making felony arrests Af davit a swear that you possess certain knowledge that a particular person has committed an offense Street of cers rarely have the time or opportunity to effect an arrest warrant in hand Court ruled that cars going through a checkpoint a form of seizure does not violate the constitution 20032004 the supreme court held that police may arrest everyone in a vehicle in which drugs are found Since 1975 police practices has been to ensure that a person arrested without a warrant receives a prompt initial appearance for a probable cause determination to see if the police were justi ed in arresting and holding the detainee oz Search and Seizure Police must wait 1520 seconds before breaking into a home to serve a warrant o The Supreme court rules that the police violated the fourth when they broke down the door of a residence only one or two seconds after knocking Wilson vs Arkansas Court found a search invalid when police in Arkansas found a search warrant after receiving an informants tip that drugs were being sold at the defendants home identi ed themselves as they entered the residence where they subsequently found drugs and paraphernalia There is no rule that determines the point of that determines the point of seizure in all situations 0 The standard is whether a suspect believes whether their liberty is restrained Officers can ask to search your belongings but you have the right to refuse and that seizure occurs when a police officers seeks to apprehend a person through a show of authority but applies no physical force In Brigham City v Stuart the court considered whether the police may enter a home without warrant if the believe that the occupant or is about to be seriously injured 0 The Supreme Court ruled that the officers had justi able warrantless entry into the home was justi ed under the emergency aid exception because their entry quotwas plainly reasonable under the circumstancesquot In Michigan v Fisher police of cers responded to a disturbance call that were directed to residence where it was said the guy was going crazy When they arrived they observed drops of blood in the area around him the situation did not rise to level of emergency though 0 The supreme court ruled that of cers don t need ironclad information of a likely serious lifethreating injury to invoke the emergency aid expectation In 2011 in the Kentucky v King case the supreme court upheld a warrantless search of an apartment after police smelled marijuana and feared that the persons inside were destroying evidence In United States v Robinson the defendant was arrested for driving without a permit and when he was searched at the station they found heroin The supreme court ruled that it was legal under the 4th amendment to search In Chimel v California when of cers without a warrant arrested an individual in one room of the house they then searched the rest of the house the court said that the that if one is arrested in one part of the house they can search other parts of the house without a warrant Terry v Ohio Involved a suspect who was stopped and searched while apparently quotcasingquot a store for robbery The dilemma they faced was whether in some cases the police do not need probable cause and the court ruled that the police have the authority to detain a person if the believe they have committed a crime The court allows seizures when the officers probable cause is established by the sense of touch If you are running away from the police you give them probable cause to search you Police can order a person out a vehicle the stop regardless of an suspicion of wrong doing or threat to the officer The court says the a warrantless search is allowed when and officer has probable cause to believe that an automobile contains criminal evidence 0 The court ruled that once a police had made a lawful arrest and the vehicle is moved to a different location they can conduct an incidental search of the vehicle In 1987it was decided that the evidence seized by opening a closed container during the warrantless inventory search of a vehicle incidental to lawful arrest is admissible If you give consent for any part of the vehicle it allows for search of any closed container In a vote if dogs outside a home to determine the presences of drugs with in was ruled lawful in a 54 vote and allows a search to be conducted The Courts ruled it was unlawful to attach a GPS to a suspects car without a warrant The Courts has said officers are not required to immediately recognize an object in plain view as contraband before it may be seized oz Electronic Surveillance ln Olmstead v United states the wiretaps were not searches or seizures Katz v United States made that invalid which held that any form of electronic surveillance including wire taps is a search and violates a reasonable expectation of privacy 0 Must have a warrant for electronic surveillance now oz Lineups If a counsel is not present during a lineup then it is inadmissible the suspect however is not entitled to having a lawyer there before they are formally charged Appearance before the grand jury is not a seizure and giving a voice sample is not seizure that is protected by the fourth amendment 0 Fifth Amendment The fth amendment applies not only to a criminal defendant but also to witnesses and anyone testifying except for when it comes to blood samples handwriting exemplars The amendment basically states that no criminal defendant shall be compelled to take the witness stand and give evidence against themself oz Decisions Supporting Miranda Confessions The US Supreme Court has excluded physically coerced confessions on the grounds that such confessions might be very well be untrustworthy or reliable in view of the duress surrounding them In 1960 from the Escobedo v Illinois and Miranda v Arizona forced confessions made by suspects who have not been noti ed of their constitutional rights cannot be admitted into evidence Miranda warnings must be given before interrogation for any offense Mirandized the Miranda rights 0 Once invoked the right to silence interrogation must cease After an accused has invoked the right counsel the police may not interrogate the same suspect about a different crime o If suspect initiates further conversation any confession he or she provides is admissible in court 393 Decisions Modifying Miranda Interrogations If a suspect waives their Miranda rights and makes voluntary statements while irrational they are admissible When invoking your right to council and refusing to write a statement but then given an oral confession the statements were admissible If a suspects mentions an attorney the officers do not need to pause and clarify and they can continue questioning until there is a clear assertion of the right to counsel The Supreme court ruled that mere silence doesn t not mean does not mean they intend to invoke Miranda o3 Entrapment Entrapment inducing or encouraging a person to commit a crime that they have would of otherwise attempted The Supreme Court has held that police officers quotmay not originate a criminal design implement in an innocent person s mind the disposition to commit a criminal act and then induce commission of the crime 0 Sixth Amendment Right to a speedy and public trial by an impartial jury Right to be tried in the state and district they committed the crime Right to be informed of the nature and cause of accusation Right to be confronted with the witnesses against him Right to call his own witnesses oz Right to Counsel Powell v Alabama established in a capital case when the accused is poor or illiterate they have the right to assistance of counsel for there defense and due process Gideon v Wainwright made the Supreme Court mandate that all indigent people charged with felony o Argersinger v Hamlin extended the right to counsel to indigent people who face the possibility of incarnation 393 What Constitutes an Interrogation The supreme court has stated that and interrogation takes place not only when police officers ask direct questions of a defendant but also when the police make remarks designed to appeal to a defendants sympathy religious interests and so forth Two decisions expanding defendants rights under the 6th amendment 0 2009 US Supreme Court ruled that criminal defendants have constitutional right to cross examine forensic analysts who prepare laboratory reports on illegal drugs and other evidence used at trial 0 2010 the Supreme Court held that the sixth amendment requires that the 6th amendment requires immigrants have a right to be told by their lawyers whether pleading guilty to a crime could lead to their deportation o juvenile Rights Parens Patriae the state is the ultimate parent of the child 0 Prevailing doctrine the guides the treatment of juveniles 6 When children are physically or emotionally neglected or abused by their parents or guardians the juvenile court and police may intervene and remove the children from the environment Then the doctrine of in loco parentis takes hold meaning that the state will act in place of the parent The juvenile system acts to rehabilitate not punish Kent vs United States Involved a 16yearold male who was arrested in the District of Columbia for robbery rape and burglary The juvenile system without holding a formal hearing waived the matter to a criminal court and tried and convicted him as a an adult He appealed arguing that the waiver without a hearing violated his right to due process In Re Gualt A 15yearold boy Gerald Gualt allegedly made obscene telephone calls and when a neighbor complained to the police he was arrested and eventually sent to a youth home Before his hearing he was not noti ed in a timely matter had no attorney the accuser wasn t present no transcript was made of the proceeding and he was read his rights Supreme Court reversed the conviction and declared that the 14th amendments protection applied to juveniles as well as adults The Supreme Court said the juveniles do not have an absolute right to trial by jury this is left to the discretion of the state and local authorities March of 2005 the US Supreme Court in Roper v Simmons ruled the 8th and 14th amendment forbid the execution who were under the age of 18 when their crimes were committed In May 2010 the supreme court ruled the 8th amendments ban on cruel and unusual punishment prohibits juveniles who commit crimes not involving murder from serving life without parole Chapter 8 Notes Accountability 0 Introduction Character is who we are when no one else is watching 0 Character and ethical conduct for police of cers means they would never betray their oath of of ce their public trust and their badge Subject of police ethics is the de nitions types and problems examined 0 Police use of force 0 Police corruption the types and causes problems posed by the police code of silence possible solutions for dealing with it o The areas in which the federal courts have placed limitations on behaviors of the police by virtue of their unique role 0 Police Ethics Accountability holding themselves and others accountable for their actions Accountability for the police means 0 Police of cers will treat all persons with dignity and respect in a lawful manner 0 Will not demonstrate more force than necessary 0 They will not demonstrate bias for or against any particular group of people oz De nition and Types of Problems Ethics the ability to recognize right from wrong and to act in ways that are good and bad actions as well as moral duties and obligations Absolute Ethics a concept wherein an issue only has two sides something is either good or bad black or white 0 Relative Ethics shades of gray The problem is something considered ethical can be deemed unethical by someone else Double effect Dirty Harry problem the principle that if one commits an act to achieve a good end even though an inevetiable effect is negative then the act might be justi ed Herbert Packers two classic models of law enforcement crime control and due process 0 The crime control model holds that the repression of criminal conduct is the most important function of the police police ef ciency with an emphasis on speed and nality is a top priority o The due process model operates under the principle that ef ciency is less important than eliminating errors and that the protection of the process of law is more important than the end of any conviction Nobel Cause corruption is a type of wrongdoing that stems from a crime control orientation It is a type of means end thinking in that the end of crime control justi es the means even if the means are otherwise unethical or illegal 393 Ethics and Community Policing Gratuities free gifts that are supposedly given to the police without obligation Slippery Slope Perspective hold that the acceptance of minor gratuities begins a process wherein the recipitants integrity is gradually subverted which eventually leads to more serious unethical conduct The subject of police ethics is no simplistic in nature 0 Of cers should do right not wrong but the existence and use off relative ethics make this a complicate issue at best 0 Use of Force oz Legitmate Uses of Forces 3 types of Legitimate and responsive forms of force the right of self defense the power to control those for who one is responsible relatively unrestricted authority of police to use force as required Police use of force de ned as the distribution of non negotionable coercive remedies The exercise of force by police can take several forms ranging from a simple verbal command to the use of lethal force Dynamic Resistance Response Model the dynamic part represents the model is uid and the resistance demonstrates that the suspect controls the interaction 0 The lack of resitance is in the center because it emphasizes as the goal of every encounter The sole purpose od the application of force is to gain compliance oz Police Shootings Conundrum and Controversy Nothing raises community tensionsd like police shootings The US Justice Department issued a report in late 2011 saying inadequate supervision and training have led Seattle Washington of cers to be too quick to grab weapons and engage in excessive force Tracking media reports for 2011 Jim Fisher a law professor and former FBI Agent identi ed 607 fatal shootings compared with 393 homicides listed by the FBI for that year The law authoritating such incetigations passed in 1994 after the Rodney King beating in Los Angeles compels police agencies to initate safeguards against excessive force and racial bias to determine whether the police engaged in a pattern and practice of racial discrimination 393 Legal Restrictions Tennessee v Garner the court upheld the use of deadly force to prevent the escape of felony suspects was constitutionally unreasonable but the reasoned that all felony suspects die than they escape 393 Police Brutality There is the literal sense of the term which involves the physical abuse there is verbal abuse and the police symbolize brutality because the officers represent the Establishment Law which serves to keep minority groups in their place What is most disturbing is that 37 percent of the instances of excessive forces occurred in settings controlled by the police station houses and patrol cars oz Vehicle Pursuits In 2007 the supreme issed a decision in an 81 favor dealing with force it stated A police officer attempt to terminate a dangerous high speed car chase that threatens the lives of innocent bystandards does not violate the 4th amendment even when it places the eeing motorist at risk of serious injury or death 393 BiasBased Policing and Other Field Tactics BiasBased policing involves unequal treatment of any person on the basis of race ethnicity religion gender sexual orientation and socioeconomic status One study found that 75 percent of all officers used some racially offensive words most of which were not uttered in the presence of citizens however police openly ridicule and belittle citizens in 5 percent of all encounters Police have been found to use force in about 5 percent of all encounters involving offenders and in about 23 of the incidents involving force its application was judged to be reasonable oz A Related Issue Domestic Violence Domestic Violence Offender Gun Ban Lautenberg amendment passed in 1996 and bars anyone including police and military personnel from carrying rearms if they have had a conviction for domestic violence The issue is not whether abusive police of cers should be red but whether the law as it is written is effective and legal In August 1998 the US Court of appeals for the district of Columbia circuit exempted police and federal law enforcement agents withing its jurisdiction from the law Police Corruption 393 History A Long Standing quot Plaguequot Police Corruption police wrongdoing to the pettiest forms of improper behavior the misuse of authority by a police officer in a manner designed to produce personal gain for the officer or for others Two types of corrupt police officers the quotmeateaters and the quotgrasseaters quotMeateatersquot spend a good deal of their working hours aggressively seeking out situations that they can exploit for nancial gain Usually don t have an attitude change Their income is so large that only way to deal with them is get them off the force and prosecute them quotGrasseaters constitute the overwhelming majority of those of cers who accept who accept payoffs they are not aggressive but will accept gratuities Another factor is rank the amount of the payoffs received generally ascends proportionally with rank oz Types and Causes Police corrupution takes two basic forms external and internal 0 External includes activites that occur from and through police contacts with the public 0 Internal involves the relationships among police of cers within the workings of the public department Some police offcicials would argue that even the smallest gratuities can create an expectation of some patronage or favor in return Model of circumstantial corruptiblilty stating that the exchange of a gift is in uenced by two elements the role of the giver and the role of the receiver 0 The giver positions Presenter who offers a gift voluntairily without any expectation of a return from the receiver Contributor who furnishes something toward a result and expects something in return Capitulator one who invouluntary responds to the demands of the receiver 0 The receiver positions Acceptor one who receives the gift humbly and without any residual feelings of reciprocity Expector one who looks forward to the gift and regards it as likely to happen and will be annoyed by the absence of the gift Conqueror one who assumes total control over the exchange and in uence over the giver Another form of police corruption is related to drugs Limitations on Officers Constitutional Rights Federal courts have placed limitations on officers constitutional rights and have held sworn officers more accountable by virtue of the higher standard requirement The state may impose restrictions on its police employees that it would not be able to impose on civilians however these restrictions must be reasonable 0 Such as the prohibition of all criticism of the agency by its of cers even in private conversation Another is the personal appearance The supreme court has upheld several grooming standards for officers to make them more recognizable by the public The nature of their work can compel officers to cooperate with investigations of their behavior when ordinary citzens would not Police officers may also be forced to appear in a lineup which is a a clear seizure of their person Garrity v New Jersey 0 A police officer was ordered by the attorney general to answer questions or be be discharged The supreme court helf that the information obtained from the officer could not be used against him at his criminal trials because the 5th amendment forbids the use of coerced confessions It is proper to re a officer who refuses to answer questions that are related directly to the performance of their duties provided the officers has been informed that any answers may or not be use later in a criminal proceeding Police work requires that personnel be available and on duty 247 The carrying of rearms may even con ict with an of cer beliefs in these situations the employee may be forced to choose between the job and their religion Civil Rights Act of 1964 prohibits religious discrimination in employment It requires the reasonable accommodation of religious beliefs but not to the extent that the employee has complete freedom of religious expression In a Texas case where a male officers extramarital affair led to his being passed over for promotion the civil service commission Texas supreme court and US supreme court upheld the denial o The concurred with the city police chiefs argument that such promotion would adversely affect the efficiency and morale of the departments and would be disruptive Many Government agencies specify that all or certain memvers in their emply must live within the geographic limits of theirjurisdiction that is employees must reside within the county or city of employment The rationale for agency limitations is that outside employment seriously interferes with keeping the departments t and ready for action at all times
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