SOC 1003 Midterm Study Guide
SOC 1003 Midterm Study Guide SOC 1003
Popular in Intro to Criminal Justice
Popular in Sociology
This 29 page Study Guide was uploaded by Morgan Routman on Sunday March 1, 2015. The Study Guide belongs to SOC 1003 at George Washington University taught by Professor Schwartz in Spring2015. Since its upload, it has received 324 views. For similar materials see Intro to Criminal Justice in Sociology at George Washington University.
Reviews for SOC 1003 Midterm Study Guide
sucks because i can't download it
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 03/01/15
SOC 1003 Midterm Study Guide 3115 938 PM The study of Criminal Justice 0 Criminal Justice studies system of law enforcement Criminology studies origin extent and nature of crime in society 0 Nature of Criminal Justice CJ depends on your theory Whether you think criminals are insane or bad by nature or depressed etc This plays into how you handle crime in a system a Ie what kind of prisons are set up mental institutions vs modern prisons etc 0 Some countries have tight systems where everything flows smoothly together and there is a general law of the land 0 The US is more of a system of loosely organized collection of agencies ie the 58 state dance 0 50 states plus 8 other territories plus districts and the federal government all have their own ways of going about crime and CJ Mostly controlled by states with the exception of some crimes deemed federal in nature More recently the supreme court has gotten more involved which has caused some cohesiveness n The federal government seems particularly interested in drug related crimes 0 Social Control 0 Formal social control Not wanting to commit crimes out of fear of being punished for bad behavior directly ie being sent to p son a Not super effective for obvious reasons but its what is covered by the course 0 Informal social control Not wanting to commit crimes for reasons other than direct punishment ie being worried about a reputation or job or personal moral values 0 The Modern Era of Justice 0 Traced to research projects in the 1950 s by American Bar Foundann Focus on the CJ process a Ie dressing well for bail hearings as opposed to showing up in an orange jump suit Discovery and analysis of the use of discretion n Ie how police will sometimes let people out of tickets is they cry etc o Is crime a recent development 0 Crime and violence have been common as far back as we know 0 First crime code is the Code of UrNammu 2100 BCE Babylonia 0 Crime may have been occurring at higher rates during the 19th and 20th centuries However it proved hard to countdocument all of the crime of the 1800 s The 1900 s were more characterized by massive amounts of organized crime I 19001935 there was a sustained increase in criminal activities a Thrasher attempted to count the gangs in Chicago in the 30 s and came up with 1313 a As well the Great Depression spurred an increase in outlaws in America Commission for Criminal Justice 0 Started by President LBJ in 1967 0 President s Commission on Law Enforcement and Administration of Justice 0 1968 Safe Street Act gave funding for the Law Enforcement Assistance Administration LEAA Now called the National Institute of Justice NIJ n Renamed in 1979 CJ Agencies 0 There are 55000 total and they employ roughly 24 million people 0 This is called formal social control 0 There are three major components of CJ agencies Law Enforcement Courts Corrections Facilities and parole offices 0 The system costs the American Governments about 212 Billion per year 0 This is up 400 since 1982 Formal Process 0 Refers to how cases and offenders flow through the system where the start and where they end 0 The process is as follows A crime is reported a 50 of crimes are never actually reported to police 0 Initial contact is made by police to a suspect They undergo an investigation 0 An arrest is made 0 The suspect is brought into custody 0 Charges are given 0 This is in the form of a formal document that essentially spells out the entire crime for the defendant 0 Grand JuryPreliminary Hearing 0 50 of states consider a Grand Jury just a rubber stamp and have replaced it with a written form 0 This is done by the Prosecution and heshe is able to write or present their case without interference from the defendant If the case is written it must be brought before a judge in a preliminary hearing before moving on This is called information o The aim of the prosecution in both a Grand Jury and Preliminary Hearing is to get an indictment Arraignment o This is a defendants right to plead BailDetention Plea Bargain o This is becoming more and more popular as often defendants find what they bargain for to be more suitable than a trial and the outcome reached there l llll TrialAdjudication o Adjudication is just the term for trial for a juvenile Sentencing Appeals 0 Correction Release 0 Post release Flow Charts 0 These are used to show how cases are processed o The issues that they don t cover are Who makes these decisions And why does attrition occur 0 Here is the Criminal Justice System Flow Chart 1000 known crimes 9 500 go unreported 500 are reported 9 400 go unsolved 100 people get arrested 35 go to Juvy Court 65 adults accepted for prosecution 9 25 aren t 5 Juveniles are incarcerated 40 are prosecuted 9 10 jump bail 30 go to trial 9 1 acquitted 27 Plea Guilty 2 found guilty 29 adults sentenced 9 8 on probation 21 adults end up incarcerated Its important to note that pleading guilty is the same as being found guilty CJ NotSystem or the Court house Work Group 0 America has a nonintegrated system with different institutions having different powers etc yet people still figure out how to work together towards getting their jobs done 0 These would be the prosecutor judge and defense attorney Function of this work group is to streamline the process 0 This includes an extensive use of plea bargaining The Criminal Justice Wedding Cake OOOO Celebrated Cases Serious Felonies Less Serious Felonies Misdemeanors 9 OJ SimpsonCasey Anthony 9 MurderersArmed Robberies 9 Aggravated Assaults etc 9 Everything else 0 The smaller the tier the more rights the defendants receive Perspective Answer Questions Perspectives incorporate personal views values and ideological preferences 0 Asks the questions What acts are a crime What kind of people commit a crime What causes crime What are the strategies for dealing with crime a Prevention rehab punishment reintegration etc 0 Crime Control Emphasize control of dangerous offenders protection of society Advocates of harsh punishments death penalty as a form of deterrence The larger the system the more effective it is Not equipped to rehabilitate 0 Rehabilitation Care for people who can t manage themselves This believe asserts that crime is an expression of frustration Its better to treat instead of punish because prisoners do get out eventually and we don t want them to harbor anger towards the system Give people means to a better lifestyle ie jobs 0 Due Process Focuses on the rights of the defendants Wants to prevent wrongful conviction Must preserve constitutional rights over punishing the guilty Decisions must be scrutinized to avoid any errors Everyone must be treated fairly and equally Illegally solicited evidence should be discounted Legal counsel must always be provided to the defendant regardless of cost in order to protect them from abuse Study guide continued Counting Crime 3115 938 PM 0 Official Statistics are given out by the government 0 The main data comes from the Uniform Crime Report UCR Founded in 1925 by the International Association of Chief of Police IAEP a They saw a problem with CJ data because there was no viable way to compare different cities and their crime rates a Therefore a new system was created where cities would be unified by not uniform using specific definitions for specific crimes a They use rates per 100000 in order to accurately compare 0 Example 2013 murders in different cities 0 NYC 333 399 per 100000 0 Chicago 442 1628 0 DC 103 1629 0 Los Angeles 281 643 Index Crimes n Index something serving as a sign or indicator a 17000 departments report to the FBI 0 Part One most important crimes 0 Violent Crimes Murder not attempted Rape a Only recently including statutory rape rape of men anal and oral rape and use of objects still foggy definition Aggravated Assault and Attempts n This is where attempted murders fall Robbery and Attempts n Theft by force or a threat of force 0 Property Crimes Burglary Larceny and Theft n Theft without force a Originally had to be over 50 but now some states have changed this and now the definition is theft Period Motor vehicle Theft a Only applies to vehicles that are meant to be driven on roads and streets Arson n TYPE I These are Index Crimes crimes are those counted by the number of reports made to the Police n TYPE II NonIndex crimes are essentially everything else 0 National Incident Base Reporting System NIBRS o Essentially UCR is just a summary 0 NIBRS looks at individual forms to give more information and looks at more crime Ie Embezzlement Porn Possession Prostitution etc 0 Not mandated by the federal government but pushed for accuracy and whatnot 25 of departments use NIBRS n Approximately 14 states and Law Enforcement Organizations LEOs Violence Since the 1990 s 0 Has murder gone down Does it differ between Men and Women Both are down by around 50 o For all property and violent crimes the UCR says there has been a 442 drop between 1991 and 2001 0 Most of the crimes committed have been theft 60 UCR Problems 0 Only accounts for reported crimes 0 Doesn t really account for crime control strategies 0 Doesn t account for how Insurance Claims influence decisions to report crimes 0 Doesn t take into consideration police conduct 0 Political Definition of Crime 0 No white collar crime corporate crime or drug issues included in the UCR o The media is known for lying and blowing things out of proportion for the sake of entertainment 0 Dark side of crime 0 How do we find out how many crimes are not being reported Set up National Crime Victimization Survey every two years Its given to the Census Bureau and they take 90000 houses and approximately 160300 people over the age of 12 into account a Look at crime and what was and wasn t reported minus homicide 0 We find out about twice as much about what crimes are being committed About 50 of serious crimes don t get reported About 40 of property crimes aren t reported Self Report Surveys 0 Can really only be administered in schools and totally anonymous 0 Asks students if they have ever committed an illegal actcrime o Uncovers an obscene amount of crime 0 Almost everyone does some sort of crime However the drop out rate in America makes it so that even with self report surveys still some crime goes unaccounted for Cleary Act 0 States that every college that accepts Federal money must share their crime stats with the government to be posted online 0 The theory is that when students apply to schools they can look for the lowest crime rates 0 Schools must report rape robbery aggravated assault burglary and motor vehicle theft 0 DOES THIS WORK 0 Most nonserious crimes go unreported Ie assault sexual harassment larceny etc 0 They are rarely reported as rates per 100000 0 This makes data hard to compare 0 Universities tend to lie Criminal Law Structures and Procedures 0 Types of Law 0 Substantive Criminal Law The crime and the penalties Defines what is against the law 0 Procedural Criminal Law The procedures designed to implement substantive law You can find most of this in the Bill of Rights 0 Civil Law Law that s not criminal Regulates commerce etc Not really important for this course American Law and Latin Based on British Law 0 Stare Decisis 0 Earlier cases decide later similar cases setting precedent Nullum Crimen Nulla Poena Sine Lege 0 There is no crime nor penalty without law Mala In Se 0 Crimes that are inherently evil 0 Mala Prohibita 0 Crimes that are only crimes because they are prohibited 0 Actus Reus 0 An illegal voluntary deliberate act 0 Can be negligence as well 0 DUI killings are occasionally processed here as murders Mens Rea 0 Guilty mind and intent o This is the mental element of the crime 0 Intent is implied if the results are likely Exceptions n Strict liabilities don t require intent Ie speeding ticket Actus Reus and Mens Rea must be connected with each other and Harm must be done in order for there to be a crime US Classification Each state territory and the federal government classifies crime in its own way Cannot criminalize status 0 Cannot be imprisoned strictly for being a heroine addict Must DO something to be found guilty as a criminal No Bills of Attainder 0 You can t punish someone without a trial or them being found guilty No Ex Post Facto Laws 0 Cannot be convicted of a crime on a law made after the act was commited Felonies 0 Most serious crimes 0 Punishable by a year or more in prison Misdemeanors 0 Less serious 0 Punishable by up to one year in a local lock up ViolationsInfractions 0 Usually local laws city laws etc Study guide continued 3115 938 PM Federal Crimes 0 DUI on Federal Roads ie BWI Parkway 0 Any crimes on Federal Property Criminal Defenses 0 Claim you did the crime but can justify it o Argues that there was no Mens Rea o Ignorance of the Law NOT AN EXCUSE Anyone can say they weren t aware they were breaking the law 0 Intoxication Voluntary ALSO NOT AN EXCUSE Anyone can also claim they were drunk and unaware of what they were doing 0 Involuntary Intoxication You might be able to argue it if you were drugged and unaware of being given alcohol or other substances Would be very hard to argue o Insanity NGRI Not Guilty by Reason of Insanity Legal not medical term Not usually just mentally ill you need more Defense brings it up during a trial a Jury has to decide Defendant must be competent enough to stand trial I Must be able to help their defense and understand the nature of the crimes they committed How do we decide a Insanity Tests 0 First mention of Insanity Plea was in the Code of Hammurabi in 1772 BCE M Naghten Rule 0 Can t tell the right from the wrong 19 states use this with some modifications Irresistible Impulse Act 0 Age 0 Knows its wrong but cannot physically help themselves Ie Peter Lorre in M No state uses this in its purest form but four combine it with the M Naghten Rule 0 Durham Rule 0 Product of Mental Illness Insanity Defense Reform Act 0 Severe Mental Illness and unable to understand how wrong the act was 0 The Federal Government eliminated the irresistible impulse and limited the number of testimonies given by psychiatrists Also shifted the burden of proving the defendant to be insane over to the defense 0 Substantial Capacity Test American Law Institute ALI Model Penal Code 0 Lacks capacity to appreciate the wrongfulness of the act OR unable to conform to the behavior of the law 0 This is a combination of the M Naghten Rule and the Irresistible Impulse Act 22 States have it including the four that had already combined A child isn t criminally responsible if the age precludes the full realization of the gravity of their own behavior I Can t make Mens Rea Common Law a 7 and older can form Mens Rea Progressive Era a Child Savers Today a State Laws establish the age of Responsibility 0 Justification Defenses Consent I Must be competent 0 Voluntary and informed and with full understanding of the nature of what they are consenting to SelfDefense n Reasonable belief of danger great harm or death 0 Must not be able to feasibly escape 0 Only use force necessary to prevent personal harm 0 States have made this claim easier Castle Defense n Able to claim selfdefense when inside one s own home FL Stand Your Ground Law a Threat must be imminent a George Zimmerman Your Ruling Self Defense Entrapment 0 Police aren t allowed to give you the incentive to commit a crime 0 If the police entice you to do it its entrapment 0 Police can encourage you 0 Motive can t originate from the Police 0 They can provide opportunities to commit a crime DuressNecessity Duress o Forced to commit a crime Rarely used Cant claim this for murder Necessity o Needed to do it to save your life or someone else s 0 Doesn t apply to moral agendas New Defenses sometimes work if a Jury or Judge will bite Twinkie Defense PMS defense 0 Both stupid and have never been able to repeat acquittal Constitutional Criminal Procedure 0 4th Amendment 0 Searches and Seizures Only under warrant 5th Amendment 0 O 0 Self incrimination Double jeopardy Right to a grand jury 6th Amendment 0 O O O 0 right to a speedy and public trial right to an impartial jury right to counsel notice of charges confrontation with witnesses 8th Amendment 0 O prohibits excessive bail cruel and unusual punishment 0 14th Amendment 0 O 0 Makes the Bill of Rights applicable to state proceedings Due process Equal protection under the law Important Constitutional Phrases 0 Due Process of the Law 0 O O O In Amendments 5 and 14 Refers to the essential elements of fairness under the law Substantively the law itself must be fair No one is deprived of life liberty and property without the essential and proper legal process Study guide continued 3115 938 PM British Police History 0 No regular Police System before Norman Conquest 0 Pledge System 0 Raised hue and cryquot to warn town 0 Band Together Shire Reeve 9 Sheriff 0 13th Century Watch System 0 More Formal 0 Justice of the Peace Represents the Crown First instance of truly unified law 0 18th Century 0 Private Police Thief Takers No formal training Police were very violent 0 Henry Fielding and the Bow Street Runners 0 John Fielding Blind Beak of Bow Street Both were paid salaries under supervision n Acted as watchmen and thief takers Bobbies 1829 Sir Robert Peel Home Secretary 0 First organized police force 0 1000 men in uniform o By 1856 every county in England had a force 0 Leaders of the Police Report to Federal Government Boston creates first police force in 1838 o No check on power 0 Very corrupt because they relied on physical power to maintain order 0 First Uniforms in NYC in 1853 0 First Telegraph police boxes in 1867 Staff Professionalism o 1893 International Association of Chiefs of Police IACP 0 Big Cities joined a different association 0 Caed for civil service police force 0 August Vollmer 0 Most famous reformer of all time o Started police science department at USC Berkley o Started the concept of merit recruitment Modern Era of Policing 1960 2003 Policing 1980 s 0 Emergence of Community Oriented Policing COP 0 Unions fought for higher salary 0 Democratic Program Policing 1990 s 0 Rodney King Case Videotaped Police Brutality Therefore demands for more diversity within the police forces Pretty successful 0 Kansas City Random Patrol Experiment 0 Does crime really drop with patrols 1973 Divided the city into 15 beats sections Tried to match them up a Three levels of Patrol 0 Normal None Overload Looked at crime rates for comparison NO DIFFERENCE 0 Implications Police don t accept the results Now evaluations are used for everything u Intelligence led policing Federal Agencies 0 FBI 0 Approximately 30000 employees 13000 agents 0 56 American Offices 50 worldwide 0 Jurisdictions Statutes not assigned to states and to other agencies 0 Anything on federal property 0 1 emphasis today is terrorism o 1 crime they arrest is bank robbery 0 Bureau of Alcohol Tobacco Firearms and Explosives o Transferred from the department of treasury to justice in 2003 0 US Marshalls o Oldest Federal Agency 0 Lots of responsibilities Judicial Security Fugitive Investigation Witness Security Prisoner Services Transport Asset Forfeiture Program 0 Internal Revenue Service IRS 0 Secret Service 0 Originally for counterfeiting crimes 0 Customs and Border Patrol ICE 0 Immigration and Customs NCIS Statewide Law Enforcement 0 Usually created to deal with crimes in nonurban areas 0 1835 Texas Rangers are the first statewide force 0 Jurisdiction ranges Work to provide support to Local or other Agencies County Law Enforcement 0 Nearly 3100 sheriff offices in the US 0 The provide routine patrol 0 Have a responsibility to the citizens 0 Investigate some crimes 0 Most are just jail guards or court officials in urban areas Can hold more power in less developed parts of the country Local Law Enforcement 0 Range in size 35000 to less than 1 officer Vast bulk of police work handled by local departments 0 Wide variety of services All purpose 247 Emergency Hotline Blue Wall Highlights the secrecy and support given to fellow officers Police feel isolated from the rest of society Concept of Us vs Them Jerome Skolnik Method a Ride along experiment a Lasted 9 months 0 Initially the cops were hesitant to open up around the experimenter but once he became a normal thing the cops acted O O O normally a Four stages of Recruitment 0 Choice 0 Why choose this career OutdoorsExciting 0 Screening Trying to make recruits feel like they have been accepted into something elite and special Admittance o Subculture starts in the Academy 0 Emphasis on cohesion o Traditions of the departmentstories are shared Allows them to identify with the group Helps them to think like an officer I Lay low and avoid trouble 0 Change 0 O 0 Training period Learn the ins and outs Most susceptible to change at this time o Inclination to take on the tasks of an officer 0 Continuance o Irony of being drawn to excitement but accepting the unrealistic expectations Activities are few and far between They learn complacency 0 Working Personality 0 Characteristics of discretion 0 Cognitive Lenses Way of looking at the world 0 Symbolic Assailant A person dresses acts speaks a certain way and the officers pick up on certain behaviors they feel are indicative of crime a Danger suggestions based off of appearances Problems for Police 0 Isolation Put on weird schedules that make socializing outside of the work place complicated 0 Public Relations Belief that the public don t like them Lack of cooperation from the public Lack of understanding of the job requirements 0 Responses Police show an abnormally high level of occupational soHdarty 0 Police Roles and Functions 0 Independent Agencies in the Executive Branch 0 Most are Paramilitary with a chain of command Discretion at the lowest rank 0 Personnel Decisions are often based on time and rank Little movement within the forces 0 Goals Formal Social Control El El El Stop crime Create order Provide services Intelligence gathering Special tasks SWAT Symbol of Justice Study guide continued 3115 938 PM Doing Policing The dirty Impossible Job 0 Dirty Job Call the cops The nature of street patrol work 0 Deal with the dismal side of life Makes police very cynical disillusioned don t see many decent people on their job Feel like they have to use force Visibility issues I Like everyone is watchingable to record them Uneven work rhythms n Leads to boredom and adrenaline back to back 0 Dangers in Police Work 0 Violence 0 Stress 0 Line of Duty Details 121 cops died in 2014 out of 800000 0 What do patrol officers do when they work 0 How do we find out Ride Alongs Analysis of 911 calls 0 They handle crime order maintenance services paperwork and timeout Crime fighting is a small part of police activities a On average a police officer will make 2 arrests per month and about 21 per year a They spend most of their time answering service calls and on administrative duties 0 Are they PROACTIVE or REACTIVE Fixing the Broken Windowsquot Thesis 0 James Q Wilson and George Kelling in the 1980 s 0 Neighborhoods in physical and social disorder lead to more serious crime 0 Offenders think no one cares what happens in the community Broken windows are a sign that no one cares lead to vandalism and therefore more crime 0 Same goes for disorderly behavior Its another sign that nobody cares and attracts crime 0 Proactive Patrol 0 Wants to stop crime before it occurs 0 Aggressive Enforcement Heightens the risk of getting caught 0 Zero Tolerance Policy 0 Problem oriented policing Broken Window Policy 0 First started in NYC in the 1990 s Low Tolerance for any crime Use punitive sometimes drastic measures I 2000 s a Stop Frisk Question 0 Old target criminals New target anyone who might be a problem O 0000 0 Problems Youth mostly minorities Impoverished areas Shabby or uncouth Mentally ill Addicted to drugs Its easy to cut back on the rights of people who don t hold actual power Crime in NYC started dropping before the 1990 s so the crimerate drop may have been for a different reason There was a crimerate drop in 17 of the 25 major cities in the US and only NYC had the Zero Tolerance Policy Adversarial Relations a Bad PR when innercity kids are singled out a No help with the serious crime I Might even cause crime a Can expect illwill from the area Conclusion 0 If broken windows cause crime then why aren t we fixing them 0 Other Factors can reduce crime 0 Increase in jobs from a rising economy 0 A fall in the popularity of Crack 0 Police crackdown of guns 0 Adds to existing tensions 0 Most police departments arrest ten times more blacks than whites 0 Even more in smaller cities 0 Broken Windows vs Individual Rights 0 Noisy and unruly kids act as broken windowsquot in a neighborhood too More people around means more arrests Erosion of basic human rights 0 Results 0 Some positive localized results from proactive policing Investigations 0 Detectives make up 15 of the police force 0 Investigate and identify perps perpetrators 0 Most arrests made by patrol officers Some perps are found before the case even reaches the detective 0 Most solved crime involves leads from the public 0 They don t operate clues to criminals but rather criminals to clues o It can be argued that 50 of detectives can be cut from the force and not affect the clearance rate Issues in Policing Who are police 0 In earlier times they were white working class men 0 First African American officer was in 1861 o 22 of officers today are minority Double Marginality n Discrimination 0 Women in policing First female officer with arresting capabilities was in LA in 1910 I There were matrons before that 0 They handled children and did the searches on female perps Today about 15 of the force is female I There are high levels of sexual harassment of women in the police force a Higher levels of stress and little credit given to them Why are there so few female cops n Fewer women apply 0 According to the National Center of Women in Policing there are more women that apply every year a Extensive sexual harassment 0 About 6580 of female police officers n Lack of support from their leaders n There is more hostility from coworkers n Lack of opportunities for promotions n Societal influences Women are still seen as homemakers Policing isn t a flexible job and its hard to raise a family when your shift is always changing Study guide continued 3115 938 PM How much sexual harassment is there in policing 1 suit against the government is settling sexual harassment cases Who makes better a better cop Men or Women They re essentially equal Women are better at some things 00000 O Victims of violent crimes Better with dealing with mental health victims Handing situations without force Attract fewer complaints Receive higher community support Responds better in cases of domestic violence Minority Women Make up less than 5 of the police force 0 Double marginality Gay Police Officers Get a lot of discrimination from male officers Potential for double and triple marginality Educated Police Better Why Few Depts Require actual degrees Many have a degree anyway Bad Discretion O 82 think that its easier to get a promotion Benefits 0 O O O O Wiser use of discretion Greater understanding of socioeconomic groups Greater understanding of racial issues Read write and communicate better Fewer citizen complaints Little evidence that it has any effect on crime fighting Police Discretion Low visibility decision making Police discretion is inversely related to the severity of the offense Ignore the nuisance calls even if they are illegal The more people know each other the more police are willing to ignore minor things Racial Profiling 0 Using nonlegal factors to shape decisions Who to stop How to conduct a stop The outcomes of the stop 0 Unconstitutional illegal and offensive 0 NYC Lawsuit 0 Stop Frisk Question Racially based 86 of people stopped are black and Hispanic a they make up lt53 of the population New mayor reeled in the program and stops went down but the racial disparity was still there Fourth Amendment 0 Search and Seizure is illegal without PROBABLE CAUSE 0 Set of facts and circumstances that leads a reasonable person to believe that that person has committed a crime 0 Not mere suspicion 0 Less than beyond a reasonable doubt Totality of Circumstance 0 Can guide judge Exclusionary Rule 0 1914 Supreme Court Ruling If the evidence obtained is done so iegay then it must be dismissed and not used in Federal Court Study guide continued 3115 938 PM Exclusionary Rule 1961 O O Mapp v Ohio Dolly Mapp accused of harboring a criminal 15 police officers searched her house and lost the warrant and arrested her for possession of Pornography 14th Amendment a All citizens are entitled to Due Process so Week v United States ruling on the exclusionary rule must apply to all citizens a Point to punish police and prosecutors a Only helps guilty people 0 Chipping Away 0 0 Fruits Conservatives disapprove of the Exclusionary Rule because it helps the guilty go free Moderates and Liberals believe that there needs to be a check on police Good Faith Exception US v Leon 1984 a Law was followed by there was a faulty warrant which is just a small mistake Isolated Mistake Herring v US 2009 a Can introduce evidence even if police made an isolated mistake a Bad information from the police department a 54 vote because the police didn t flagrantly deny rights to the perp of a Poisoned Tree 0 Evidence derived from illegal seizure not admissible o Silvethorne v US 1920 0 Established Exception 0 Search incident to arrest Chimel v California 1969 0 Searches okay if necessary to protect themselves Only what s within easy reach 0 Plain View Doctrine Ca rs Can only search arrestee and the area under immediate control Can t move things around Emergency Search No longer have to knock and announce a warrant in some states Courts generally ruled that you can search a car if there is reasonable belief that contraband is present Don t need warrant Fleeing target exception Generally need reasonable suspicion and then probably cause Stop and Frisk 0 Terry v Ohio 1968 Detective patted down a suspect who was acting suspiciously I Found a gun and arrested him 0 Supreme Court ruled that there was no probable cause but there was reasonable suspicion and upheld the conviction
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'