Notes for Quiz 1
Notes for Quiz 1 CJ 100
Popular in intro to criminal justice
Popular in Criminal Justice
This 11 page Bundle was uploaded by Amelia Kisling on Tuesday September 29, 2015. The Bundle belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Summer 2015. Since its upload, it has received 77 views. For similar materials see intro to criminal justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 09/29/15
The Constitution The supreme law of the United States The First three articles establish the separation of powers legislative executive judicial Concerns over a centralized power protects against a centralized source The Bill of Rights AntiFederalists argued that the const needed provisions that protected individual rights liberties and freedoms First 10 amendments to our const Ratified in 1791 designed to limit the power of the federal government federalism wanting to keep state and federal powers separate protections originally applied only against the federal government Barron v Baltimore 1 First Amendment The Great Amendment Freedom of expression religion press speech assembly and petition Guarantees that Americans can share the information they need for a robust public debate on issues and to act on these issues Categorized as freedom of expression How it applies to CJ system Trial by media Sheppard v Maxwell Supreme Court overturned conviction because media publicity had prevented a fair trial 1 st freedom of the press vs 6th right to a fair trial The supreme court said that because of all the media scrutiny the trial was unfair and could be retried Freedom of Assembly and Petition largest protest movements occupy wall street internet instant access to event via YouTube SOPA 2 Second Amendment right to bear arms a well regulated militia being necessary to the security of a free state the right to bear arms shall not be infringed District of Columbia v Heller 2008 Second Amendment protects an individual s right to possess a firearm in federal enclaves previously had a handgun ban in homes McDonald v Chicago 2010 Second amendment applies to individual states under the due process clause of the 14th amendment 3 Third Amendment Quartering troops No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in a manner to be prescribed by law 4 Fourth Amendment unreasonable search and seizures right to secure in their persons houses papers and effects against unreasonable search and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized warrant written court order instructing that a certain act be carried out probable cause legal justification for an arrest search or seizure based on sufficient reason to think a crime has been committed Reasonable conclusion search warrants authorities have to go before a neutral judge or magistrate and demonstrate probable cause exclusionary rule prohibits courts from considering illegally obtained evidence 5 Fifth Amendment Protects you against giving evidence against yourself via confession take the 5th Protection against selfincrimination Miranda Double jeopardy doctrine prevents authorities from trying you twice for the same crime in the same court can be tried in the federal court and state court Guarantees due process Constitutional guarantee of fairness and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one s life liberty or property federal criminal trial 6 6th Amendment NDAA section 1021 1022 indefinite detention guarantees criminal defendants right to a fair trial ensures that defendants are brought to trial soon after they are charged speedy trial trials are held in public exception of military trials fair and impartial jury 7 7th Amendment only specific amendment in the bill of rights that deals with civil court right to a jury trial in civil cases need 51 to win the case preponderance of evidence legal threshold a criminal case needs beyond a reasonable doubt 9897 tort a civil harm trying to get compensation 8 8th Amendment protection against excessive bail pretrial release price does not guarantee bail protection against excessive fines Protection against cruel and unusual punishments 9 9th Amendment Unenumerated rights provide flexibility in the Constitution just because a particular right is not mentioned does not mean that it doesn t apply right to privacy not specifically mentioned but is a basic human right the catch all amendment 10 10th Amendment States rights not specifically mentioned in the Constitution Essence of federalism division of power between state and federal governments Outside the Bill of Rights 14th Amendment guarantees due process and equal protection due process clause supreme court hands down decision and makes it applicable to all states equal protection clause regardless of race gender etc you have these rights Habeas Corpus Fundamental safeguard for individual freedom against an arbitrary government you will have the opportunity to appear in court and you will be informed of your charges Bills of Attainder legislative act declaring someone guilty of a crime and imposing punishment in absence of trail Constitution prohibits Congress from passing bills of attainder Ex Post Facto Laws any law that punishes an act that was not criminal when committed EX you post a youtube video criticizing someone a law is passed that made it illegal you couldn t go to jail or be tried as long as you posted the video before the law was passed Important Cases First Amendment Schenck v United States 1919 First Amendment case we were entering WW1 Schenck was convicted of a felony for advocating for the US not to go to war follow draft rules US said that he was undermining the government established the clear and present danger test example falsely shouting fire in a theater the speech has to be false Brandenburg v Ohio 1969 First amendment case expanded Schenck Outlined guidelines for unprotected free speech Greatly expanded the first amendment right to free speech government can t punish inflammatory speech unless that speech is directed to inciting and is likely to incite imminent lawless action ex riot The Brandenburg Test 1 Intent 2 lmminence 3 Likelihood Freedom of Press Press is called the 4th Estate the media is supposed to be a watchdog over the other three government estates Corporate owned mainstream media there is a beginning of a monopoly over the television media The internet as another branch of the media Second Amendment Today Debate on the militia vs individual clause evolution of weapon technology how is a gun going to be effective against the high tech weapons that we are developing we have a second amendment because the founders wanted to be able to create that militia does the second amendment apply outside of your home Illinois recently struck down the statewide ban on carrying concealed weapons The Fifth Amendment Grand Jurv Indictments Grand jury decides whether the prosecution has enough evidence to bring a defendant to trial criminal trials must use grand jury trial probable cause indictment formal charging green light to proceed no probable cause no bill suspect not charged no criminal trial Grand Juries Prosecutor presents evidence against suspect Advantageous for prosecution because 1 proceedings are secretive only the prosecutor and the jury are present DA isn t there 2 Exclusionary rule does not apply to grand jury proceedings even if evidence has been illegally seized the prosecutor can present that to the grand jury in the preliminary step 3 the prosecutor can choose which evidence presented to the jury even there is evidence that goes against their case they don t have to present that here Miranda Warnings Miranda v Arizona 1966 protects fifth amendment rights of individuals against self incrimination rights read AFTER a person has officially been taken into custody but before any interrogation takes placemust be in physical custody of the police you don t have to be read your rights until the police are asking you potentially incriminating questions protection against forced confessions compelled selfincrimination protection against lengthy interrogations without legal counsel Public safety exception can forgo Miranda warnings if there is a threat to public safety Criminal Court burden of proof bevond a reasonable doubt does not mean absolute certainty quantify 97999 o of certainty reason the threshold is so high because there are peoples liberties and freedoms at risk the government state or federal brings charges of suit against prosecutes a person who they believe has violated the law the defendant ProsecutionPlantiff v defendant EX People of the State of California v Orenthal James Simpson Civil Court burden of proof preponderance of evidence quantify 51 lower because there is no deprivation of liberty compensation from damage or injuries M civil wrong one party plantiff who feels they have been harmed tort brings a complaint against another party the defendant plantiff v defendant EX Liebeck v McDonald s Restaurants people can share the blame in civil court Criminal Justice Visible Crime street crime majority of law enforcement resources Three Categories Violent Crime Property Crime Public Order Crimes Violent Crime physical injury or death is a result most of these offenses are committed by people who know their victim Uniform Crime Reports UCR 1 Murder and non negligent voluntary manslaughter wifu killing of one human being by another intent is present First Degree murder Premeditated intentional killings felony murder commission of a violent felony EX robbing a bank but have no intent to actually kill anyone but you have a firearm and due to an accident it resulted in murder Second degree murder unplanned death of a victim was a distinct possibility reckless action Voluntary manslaughter intentional killing in which the offender had no prior intent not premeditated to kill heat of passion AKA third degree murder involuntary manslaughter does not involve intent EX texting and driving and getting into a wreck and killing someone 2 forcible rape carnal knowledge of a female forcibly and against her will update FBI has changed the definition to include males and not just to include just forcible unconscious physically or mentally disabled drugsalcohol etc 3 robbery the taking or attempting to take anything of value from the care custody or control of a person or persons by force or threat of force or violence andor by putting the victim in fear 4 aggravated assault unawfu attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury battery actual contact and creating bodily injury assault the threat of force against an individual Property Crimes the object of the thefttype offenses in the taking of money or property but there is no force of threat of force against the victims 1 Burglary the unlawful entry of a structure to commit a felony or theft to classify an offense as a burglary the use of force to gain entry need not have occurred 2 Larcenvtheft the unlawful taking carrying leading or riding away of property form the possession or constructive possession of another examples are thefts of bicycles motor vehicle parts and accessories shoplifting pocketpicking or the stealing of any property or article that is not taken by force and violence or by fraud 3 Motor Vehicle Theft stealing motor vehicles 4 Arson any willful or malicious burning or attempting to burn with or without intent to defraud a dwelling house public building motor vehicle or aircraft personal property of another etc EX if you burn down someones home and there is someone who dies as a result you could argue for felony murder but you would always be able to charge 2nd degree Public Order Crimes acts that threaten the general wellbeing of society and challenge accepted moral principles ex public drunkenness panhandling vandalism and disorderly conduct concern with these minor offenses is that they will lead to more serious crime and hasten urban decay Victimology examines the impact of crimes on victims 1 Who is victimized demographics play a key factor age and income lifestyle exposure model factors places times and people ex if you hang out in higher crime areas you are more likely to be a victim most violent crime is intraracial violent crime occurs mainly in large cities 243 o of males have been the victim of a violent crime 262 o of female have been the victim of a violent crime The Fourth Amendment 0 Protection against unreasonable searches and seizures Probable cause 0 No general warrants they must be specific Warrants When they are not required 0 When you give consent you waive your 4th amendment rights 0 Plain view doctrine if law enforcement are legally where they are allowed to be then they can seize anything that is in plain sightillegal This also includes areas visible from public air space 0 Plain Feel and Plain Smell Police dogs who sniff luggage in public places are not conducting searches so you are not subject to 4th amendment protections police do not need a warrant if the dogs smell something 0 Plain smell is controversial because there is really no way to prove it some states are trying to restrict it Supreme Court Cases 0 Weeks v United States 1914 0 Created the exclusionary rule 0 It was a huge check on police power if police weren t doing what they were supposed to be doing the evidence would be thrown out o This only applied to federal criminal cases Mapp v Ohio 1961 o This extended the exclusionary rule to the States via the Due process clause in the 14th amendment 0 The police went in with a warrant looking for bomb making material and instead searched the entire house and ended up finding and seizing pornographic material Katz v United States 1967 0 Key Issues 1 Right to Privacy does it extend outside the home telephone booths public spaces 2 Do you need physical intrusion to constitute a search wiretapping Ruling Private conversations can be made in public places Katz closed the phone booth door and so he had a perception of privacy by closing the door Wiretapping violated privacy and therefore constituted a search and seizure unreasonable Need a warrant o What a person knowingly exposes to the public even in his own home or office is not subject of Fourth Amendment protection however if you are trying to keep something private than it is protected by the 4th amendment 0 California v Greenwood 1988 O Suspected greenwood of dealing drugs and wanted to search his trash waited until he put the trash out on the curb and searched the trash greenwood said that his rights were violated but they were not because he knowingly exposed the trash to the public 4th amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home No reasonable expectation of privacy for trash on the side of the street Kvllo v United States 2001 O Dealt with the use of thermal imaging technology to see through walls protection against see through the wall technology Thought that kyllo was growing pot and saw the energy coming through the wall through the thermal imagining The use of thermal imaging technology constitutes a search did not fall under the plain view doctrine because you would not actually be able to see the heat with the naked eye 0 Domestic Drones and the Fourth Amendment 0 O O 0 Does it violate the 4th amendment protections NSA debate Usually say if you39re not doing anything wrong then you have nothing to worry about Founders and the framers would probably disapprove of a massive surveillance team These are slippery slope issues if you get rid of one you could eventually get rid of them all Random cell phone towers coming up K9 searches 0 Sniff by a police dog is not a search under the 4th amendment US v Place 1983 Positive alerts by k9 units are treated as probable cause the handler can now conduct a legal search Florida v Jardines 2013 is a k9 unit sniff outside of the house a 4th amendment search o Is a search requires both probable cause and a search warrant can t just go into someones house without a warrant because the k 9 unit had a positive id outside of your house 0 Terrv v Ohio 1968 0 Based on reasonable suspicion an individual can receive a stop and frisk to see if you have any weapons on you 0 Terry Stop applies to traffic stops as well 0 Motor Vehicle Exception o Allows the search of a motor vehicle without a search warrant still have to have probable cause 0 Examples of probable cause sight or smell of contraband plain view plain smell 0 Minor traffic violations are not considered probable cause
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