CRJ 140 - Exam 1-4 Lecture Notes
CRJ 140 - Exam 1-4 Lecture Notes CRJ 140
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This 55 page Class Notes was uploaded by Brooke R. on Monday June 20, 2016. The Class Notes belongs to CRJ 140 at Murray State University taught by Dr. Bertus R. Ferreira in Spring 2016. Since its upload, it has received 8 views. For similar materials see Introduction to Criminal Justice in Criminal Justice at Murray State University.
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Criminal Justice Exam 1 Material January 25. 2016 Introduction to Criminal Justice – Origins - • Criminal justice is increasingly influenced by research findings and evaluations • Independence has been replaced by interdependence • Criminal justice – the sum total of society’s activities to defend itself against the actions it defines as criminal • Those convicted would be sent to prison farms to farm or to be sold as slaves on prison galleys • No systematic reform effort in the United States until 1929, Wickersham • Gideon vs. Wainwright (1963) – Supreme court mandated that every criminal defendant is entitled to the assistance of legal advice • Miranda vs. Arizona – the Court placed the burden on the police to warn arrestees and those in custody of their FIFTH AMENDMENT right to remain silent and their SIXTH AMENDMENT right to have could appointed Criminal Justice as a System – • Production process – raw materials, criminal suspects, are screened and refined o Police - Arrest on the street and Booking at the st ationhouse o Courts - Appearance before a magistrate and Indictment trial sentencing o Corrections - Punishment and corrections o A suspect becomes an accused, an accused becomes a defendant, a defendant becomes a convicted offender, and a convicted offender bec omes a probationer or inmate o Finally, an inmate becomes an ex -convict • Wedding Cake Model – shows that we are dealing with perhaps 3 processes – o Celebrated cases o Serious Felony cases o Lesser Felony cases o Misdemeanor cases Models of Criminal Justice Syste m – • The goal is prevent the crime and justice o Crime arguments – describing people as “criminals” o Justice arguments – system can do no more than deliver justice • Packer – The Limits of the Criminal Sanction – o Due process model – requires strict adherence to the Constitution, focus on the rights o Crime control model – focuses the efficiency and effectiveness of the process, investigate crimes, screen suspects, detain dangerous defendants, and secure convictions of guilty parties • Two models are practical and theoretical extremes of how the process can be conducted Stages of the Criminal Justice Process – • Every criminal flows through 5 phases – Criminal Justice Exam 1 Material st o 1 Phase - Entry into the system, citizens play an important role by bringing criminal events to the attention of the police nd o 2 Phase – prosecution and pretrial services, is dominated by prosecutors, who prepare the charges; grand juries, who indict defendants; and judges, who conduct a series of hearings, including the initial appearance of an arrested person at co urt and preliminary hearing rd o 3 Phase – adjudication, begins with an arraignment, at which the officially accused person pleased to (answers) the formal charges (indictment or information) against him or her, and ends with a judgment of guilty or not guilt y. It is conducted by a judge, with or without a jury and the prosecutor, representing the state and the people, and the defense lawyer play the most active roles th o 4 Phase – consists of sentencing and sanctions. Judges imposes the sentence, usually after hearing jurors do not participate investigation report prepared by probation officer th o 5 Phase – corrections in in the hands of the executive branch of the government • Flow Chart – st o 1 path is for major crimes, or felonies o 2 path is for minor crimes, or misdemeanors rd o 3 path is for petty offenses, with summary proceedings resulting minor sanctions th o 4 path is for juveniles, resembling paths for adults in many respects, except that the proceedings are less formal and rarely includ e juries Entry into the System – • For a criminal act to be known to the police, initiating the process, the act must first be perceived by and individual o The act must then be defined or classified as one that places it within the jurisdiction of the criminal justice system, and it must be reported to the police o Once the police are notified, they classify it and often redefine what may have taken place before recording the act as a crime known to the police • A decision is then made by the police – o Make an arrest or to seek an arrest warrant or drop it completely • Legal standards – o Probably cause – set of facts that would lead a reasonable person to believe that an accused person committed the offense in question; the minimum evidence requirement for an arrest, according to the FOURTH AMENDMENT o Exclusionary rule – rule prohibiting use of illegally obtained evidence in a court of law o Reasonable suspicion – suspicion (short of probable cause) that a person has been or mat be engaged in the commission of a c rime • Right to Counsel – o Miranda warning – warning that explains the rights of an arrestee, and that police recite at the time of the arrest or prior to interrogation th th th § 4 , 5 and 6 AMENDMENT Chapter 4 – The Criminal Law • The Criminal Law and Its Seven Basic Principles Criminal Justice Exam 1 Material 1. Legality: Is There A Law That Makes Something Criminal? § No crime without criminal law (Nulum crimen sine lege) § Common Law – law as developed in England and later in the United States on the basis of court decisions (precedents) and as supplemented by legislation • Stare decisis (to adhere to decided cases) courts to extend the law, the preference to stick to previous decisions 2. Conduct: Only the Act of Persons Can Be Covered by Criminal Law § Act – implies some degree of rationality or voluntaries in choosing to do so or to accomplish something • Sleepwalkers § Involuntary acts – acts that are the product of: • Sleepwalking • Unconsciousness • Seizures • Involuntary neurological responses § Inaction – a mother refusing to save her drowning child • Officer refusing to arrest a criminal • When there is a LEGAL ACT OF DUTY 3. Harm: Protecting a Legally Recognized Value § Protecting a value • Larceny (theft) – loss of property § Harm has to be committed in order for it to be a crime • Punishment is next § Crimes against the person can be subdivided into those against life and physical integrity § Crimes against property include larceny, burglary, arso n, and fraud § Crimes against national security include treason, and crimes against humankind include genocide § A crime is not constituted, a crime is not complete, until the perpetrator has indeed brought about the harm • Murder is not complete, unless the pe rson is dead 4. Causation: Bringing about the Harm § Two Tests for Causation – • Factual Causation But for A’s act, the result would not have occurred when and as it did. o “But Bill’s act, Harry would have not have been injured in the way in which he was” • Proximate Causation B’s injuries must have been the natural and probable consequences of A’s act. o B’s injuries must have been foreseeable, without any intervening factors sufficient to break the causal chain that would relieve A of a liability • “A killed B” – to rape, steal, speed… act, causation and harm 5. Mens Rea (Guilty Mind): Criminal Intent – Criminal Justice Exam 1 Material § Mens rea (LATIN) – guilty mind; awareness of wrongdoing. Intention to commit a criminal act of recklessness • The police officer who seizes the murder weapon would have the GUILTY MIND for theft • The difference between taking a rain coat that you know is yours, and one that you know is NOT yours, but you take it anyway § Model Penal Code – four states of mind that reflect mens rea: • Purposeful – acting with conscious desire t o cause a certain result • Knowingly – acting with an awareness that something will likely occur • Recklessly – acting with a conscious disregard of a substantial risk or injury • Negligently – actions that the actor should have known would cause harm § Mala Prohibita – Wrongs that are merely prohibited § Mala in se – offenses deemed inherently evil § Simply Formula = • Legality + Act + Harm + Causation + Criminal Intent + Concurrence = CRIME 6. The Concurrence Requirement – § That the criminal act must be accompanied by an equally criminal mind • Someone throwing a rock with the intentions of property damage, but kills a worker inside the building. He should only be charged with PROPERTY DAMAGE NOT MURDER 7. The Punishment Requirement – § Torts – wrong committed by one person against another, other than mere violation of a contract, which entitles the victim to compensation § Felony – serious crime, subject to punishment of one year or more in prison, or to capital punishment § Misdemeanor – crime less serious than a felony and s ubject to a maximum sentence of one year in jail or a fine § Violation – infraction of the law for which normally only a fine can be imposed • The Principles Applied: Defenses 1. Excuses – § Infancy – 3 year old pushing a baby down the steps; don’t know crime § Insanity – “ normal rule that all adults are presumed legally capable of committing a crime does not apply because I am so severely mentally ill that I am incapable of committing crime.” • M’Naghten Rules (1843) – defendant did not now the nature of the crime OR did not know the wrongfulness of his or her act • Irresistible impulse addition – a defendant may be acquitted if he or she was unable to control the action due to mental illness • Durham Rules or “product test” (1954) – defendant must be acquitted if the crime was the product of mental disease or defect Criminal Justice Exam 1 Material • Currens Test (1961) – defendant must be acquitted if he or she “lacked substantial capacity to conform his conduct to the requirem ents of the law ... as a result of mental disease or defect” § ALI – American Law Institute’s Model Penal Code – focuses on the defendant’s capacity to form the necessary criminal intent by asking whether the defendant appreciated the wrongfulness of the ac t 2. Intoxication – because of prescription medication, can constitute a defense § If defendant was so intoxicated without premeditation or deliberation, it can nd only be murder in the 2 degree 3. Mistake of Fact – the man taking the raincoat and then getting cau ght, and providing an excuse § The officer must know that the defendant was forsure trying to steal the coat § Suspect’s explanation must be reasonable 4. Mistake or Ignorance of Law – if a banker believes the transaction is okay, but it is illegal, it is committing an offense 5. Duress – the actor acted not of his or her own free will. § The bank teller giving up the money to someone coming to rob them, or someone will kill them • Justifications – defenses in which the law authorizes the violation of another law wi thin limits of proportionality. (Being a solider, you must kill) 1. Public Duty – restraining a person who refuses an arrest § Police must use force that is only NECESSARY § When officers abuse this authority, restrictions are considered 2. Self-Defense, Defense of Others, and Defense of Property – § Defense amongst fear – train station § Other Offenses – • Police induces a crime • Police abusing authority • Perpetrator abuses the ignorance • Someone held accountable for crime, in regards to a relationship • Time for instituting proceedings has passed • The Arithmetic Crime – how to deal with a crime, where only a FRACTION has been committed 1. Attempt – § Criminal attempt – act or omission constituting a substantial step in a course of conduct planned to culminate in the commis sion of a crime 2. Accessoryship – criminal liability of all those who aid the perpetrator of an offense § Principal – perpetrator of a criminal act § Accomplice – person who helps another to commit a crime § Judges often impose lighter sentences 3. Conspiracy – agreement among two or more persons to commit a crime, making each guilty of conspiracy and all other crimes committed in furtherance of the conspiracy § “Lazy prosecutor’s tool” Chapter 5 History & Organization of the Police 6/21/16 12:38 AM History of the American Police – • Northeast Coast – (American Plymouth Rock, etc.) – was settled by British • Dutch settled in New Amsterdam, now known as New York • French settled Wisconsin, New Orleans and Canada • When people kept coming from Europe to America – o Many families living in small house, few jobs, crowding, unhappy people; fights for jobs o Riots o British version of cop to cities known as a constable to protect people from the riots Savannah Georgia and Charleston South Carolina – o Slaves on plantations, white slave traders went to South Africa to get slaves • Black Tribes – o Fought and winning tribe would taken women of losing tribe and get them pregnant, and kids would belong to winning tribes o Black sold the slaves to the white farmers to work in the fields o Females were eventually used for housework • What did farmers do from here? o Designated a white boy from each farm, on horses, to patrol back roads to look for the runaway slaves, also known as the “Slave Patrols” o Slave Patrols turned into Southern Police Department • How did Black/Native Americans pass on history? o Oral history; storytelling, historical events that happened to them in their lifetime • Americans developed quickly until the Mississippi River was discovered – o Lewis and Clark – wrote to the president about more land discovered and the Indians o Indians and Bison’s were killed • The Wild West belonged to the Indians and Bison’s • Three families that became rich – Vanderbilt, Rockefeller, and Carnegie o Became rich by building railroad to the west • What trains needed to be ran? o Firewood and water – 50 miles there be train stations to supply this for the trains • Stock market in America – o Wall street, New York • Agriculture Market – o Chicago • Saloon – o A drinking place that belonged to the railroad (Whiskey imported by England) • Each town go to a hotel to make brothel – o Another way railroads made money • Missiouri, Iowa, and Kansas – o Was were people would rob trains then flee the country • Lincoln’s bodyguard in war zone – o Alan Pickerton – rounded up friends to be security for the trains, went to Mexico to bring the crooks back • Vigilante Group – a group of private citizens taking the law into their own hands by tracking down criminals and punishing them State Police – • Pennsylvania and Texas – both claim to be the first to form the first State Police Department • Texas – get fresh horses for crooks to run away o Texas Ranger with three qualifications – § Ride a horse § Shoot while riding a horse § Had to know how to cook to feed yourself • Pennsylvania – first place where people started digging coal o Coal creates horrific deadly gas o How do you get coal out of the mines? § Shetland Ponies were used to pull the train out o What else was used to pull the ponies out? § Children • Labor unions – workers went on strike (because of the children) and refused to work o Scabs – new mine workers brought into coal mines and eventually killed by the former workers Railroad companies created banks for each town – • This caused riots, bank robberies • This lead to election of one person to be the lawmaker – Sheriff o Power to deputize people to find crooks known as deputy police o Because of jurisdiction, criminals realized they could rob a bank in one country and go to the next 1789 – president formed a Federal Police Force for the first time in America known as U.S. Marshall/Federal Marshall • Jurisdiction is anywhere in America Philadelphia – money was printed and transported by train Wickersham Report – • Trainings and standards enforced among the officers rd • 3 degree – a police officer tortures a suspect to get information Robert Peel – • “bobbies:” Political Control – police vesting interest in keeping office the politicians to who they owed their jobs • Mayor – promoting gambling, prostitution and alcohol August Vollmer – created the American Police Systems • 1950 - Police administration, established police school to ensure proper training O.W. Wilson – • Crime Control primary function 1960’s Hippie Movement – “If it feels good, do it” 1960’s Civil Rights Movement – Democratic Election in Chicago • Blacks marched for their rights at Chicago election and protesting against president for lack of concern amongst the blacks; People watching TV could see what they were doing to stop the blacks from marching; dogs, fighting, etc. • MLK – marching for civil rights according to the Constitution, but NO violence • Malcolm X – violent • John F. and Robert Kennedy – were both killed in the 1960’s • Ken State University in Ohio – students going into president’s office; 200 at a time 1965 – President Lyndon Johnson – Challenge of Crime in a Free Society • Much higher standards, improved management practices After 9/11 – FBI shifted towards Terrorism • Put pressure on state and local agencies to help look for terrorist • NO trainings Police Systems in the United States – • Federal – 65 agencies (others have 1; 8 total) • State – 300-400 agencies in investigation • Local – 18,000 (county – Sheriff; city – police department) • Higher = more power o Boss > Deputy > Officers > Lower level o Military = “Chain of Command” o Businesses = “ Organizational Chart” o Police Books = “Organizational Structure” o Max Weber = “Hierarchy” (he believes we should divide the labor; each person should have an area they can specialize in) Operations Bureau – unit of police department responsible for the functions associated with the primary law enforcement • Some cops are detectives, which work harder cases • Most common in south = “Chief of Police” • Chicago = “Superintendent of Police” • Philadelphia and New York = “Commissioner of Police” • Atlanta, Georgia = “Director of Police” Line functions – law enforcement functions of a police department • Police – uniform patrol officers Service Bureau – own technicians to assist the execution of the line functions, such as keeping records Police Mechanics – working on police cars Administration Bureau = entering data, personnel, finance and research • Human resources – knows about your pension, sick leave Internal Affairs Division – cops who investigate other cops • Whether not there was a shooting involved • Sargent – will work with chief and who you report to Where will you patrol? • Beat - territory covered by a police officer on patrol; derived from hunters, “beating” the bushes for game Book of Rules – “What police can and can’t do” • SOP Manual – collection of departmental directives governing the performance of duties; behavioral things that are banned; Read it and sign under oath that you understand o No sex or drugs with suspects Federal System – • 1789 • FBI - Terrorism and organized crime concerns o Con. Virginia runs the major crime lab o Center of Missing and Exploited Children – international abuse of children o Automated Fingerprint Identification System (AFIS) – criminals, top level governments (police officers and military) o CODIS – genetic fingerprinting system for DNA; only sex offenders and now military for identity; limited • DEA – Drug Enforcement Administration – o Works with all drugs o Controls the sale of legal prescription to make sure it is not abused o Eastern – Appalachian Mountains are very addictive • ATF – Bureau of Alcohol, Tobacco, Firearms and Explosives – o Alcohol – federal and state taxes § Alcohol crimes between two states o Tobacco – crime between two states § KY and NYC – have the cheapest tobacco because they are lobbied § NYC - $11 tax to pay for the addiction, taxes to death § MI – trucks of tobacco and sold for higher prices to keep the difference; moving across state line – Federal crime o Firearms – ballistics – scientific comparison of two bullets § Lab to shoot gun § Cartridges – gun reloads and empties shell; every time the notch will make a specific mark o Explosives – if anything makes a loud noise • Witness Protection – 1971 o Protection to over 6,800 witnesses and over 14,500 family members • Postal Service • International Revenue Department of Homeland Security – • Formed after 9/11 – a Min. Teacher had suspicion of study solely wanting to know how to fly a plane, not land one • President Clinton – CIA and FBI cannot work together United States Secret Service – • Why were they created? o Department of Treasury – whoever won the war, made the rules (Civil War = North) o United States Mint – official money printings and stern coins • How did the South fund the war? o They self printed their own money = counterfeit money • What was their only job? o Getting rid of counterfeit money • What happened in 1901 to change their jobs? o Counterfeit money was cleaned up and the 3 president, McKinley, had been killed without a body guard o TSA was hired to protect the president • First photocopies in the world? o Xeroxing money o Colored printers and copiers • More than half of the secret service work on counterfeit money Bureau of Citizenship and Immigration Service – • Immigration service – only work with humans, making sure you have a passport • Customs – check about the goods you have o LIMIT – on alcohol, money (no more than ($10,000), fresh meat or fruit Office of State and Local Government Coordination – th • 10 Amendment – rights to decide policing rights • Majority have a higher patrol – marking traffic and drug trafficking • Who do they support? o Governor • State – o Bureau of Investigation o Department of Motor Vehicles (DMV) – truckers have to weigh o Alcoholic Beverage Control Agency (ABC) = controls alcohol and selling to underage o KY – every county has one state officer; to get to know the people • Local – Municipal police force (city) o Who do they report to? § City council or city manager o What is the most insecure job in America? Why? § City police; because they can be fired without reason • County – sheriff o How many sheriffs are in Alaska? § None, because there aren’t any counties; they only have cite and state police o Can they be fired? § No, they have to commit a crime Office of Private Sector Liaison – • United States Coastal Guard – • Saving people and looking for drugs Transportation Security Administration (TSA) – • First new police department to screen passage at all airports • 75% of guns went through Who scanned bags before TSA? • Privately hired security companies Special Purpose Police – • New Jersey and NYC – combined police force for boats and trains o A lot were killed during 9/11 How many Private Police officers in America? • 2.4 million; 3 times as many officers How many police in America? • Estimated 800,000 Which company security had the highest paid boss in America? • 12 years ago – Director of International Security was paid $800,000 • Now – McDonalds What was the President’s salary? What is it now? • Before - $200,000 • Now - $400,000 since Clinton Chapter 6 – Police Functions and Police Culture 6/21/16 12:38 AM James Q. Wilson – Varieties of Police behaviors • Watchman style – style characteristics of police departments that concentrate on the order maintenance function o You look out for trouble so you can prevent fights; maintain order • Legalistic Style – style characteristics of police departments where work is marked by a professional orientation with an emphasis on law enforcement o If you break the law, you go to jail • Service Style – is suburban communities where residents expect and receive high level of service from local government o Similar to social worker, be nice to the people o “To Protect and Serve” Community Policing – strategies that relies on public confidence and citizen cooperation to help prevent crime and make the residents of a community feel more secure • Help the community understand they are there to help you • Property values will go up and you will be sage if you give you information • Cars – make it difficult for police to walk among the people Neighborhood watch Programs D.A.R.E program – • To keep you off of drugs • There were MIXED results – kids were curious about drugs afterwards Officer friendly – let the kids touch the dog, check on schools NYC – • 1993 – before 9/11 – NYC – is 70 to 75% Democrats • Known to be dirtiest city until Juliani o Brought the crime rate down and cleaned up the city • Midnight Basketball Program – o Police would round them up and go play basketball, went to schools and went to fast food restaurants o Kids would see that he is a normal human beings a friendship building things Guardian Angels – NYC women would stare down who were suspicious of a crime. They did NOT work with the police What is the most successful TV show – • COPS • MOST WANTED – Mr. Waltz – his son was raped and killed The Service Function – Injury & illnesses – police are exposed to blood and bodily fluid often What are the two problems? • HIV/Aids/Needles used to stab police officers • Hepatitis 1960’s – People were socially liberal; People with mental diseases should be able to g home How did most people get into Mental Facility? • Family couldn’t take care of them • They created trouble in public, judges would decide whether or not they would need to go to • By early 70’s and 80’s – half were shut down Where are they people now? • Homeless • Vietnam vets - #1 homeless (PTS) • In prison or jail Order Maintenance – police to patrol the streets / population Preventative patrol – police officers driving or walking through a designated geographic area of responsibility in a varied part so that their presence is not predictable • Car Patrol – removed cops from walking among the people • Foot Patrol – old idea when cops didn’t have cars; allows for interaction; helps build community relationship • Bicycle Patrol – most common – very large university campus; Wisconsin o Problem? § Cannot land in the city; you have to land it on the road with the traffic • Rotator Wing (Helicopter) Patrol – it takes 1 million dollars on average to train pilot; simulator but it is very tricky. You can follow criminal with a light o Problem? § Police departments don’t have the money; so they get them from the military § Send police to academy; hired people who can fly them already • Water Patrol – most famous, coast guard. Large number of boats by sheriff, they enforce drunk boating and meth labs in swamp areas o FL – illegal poaching using hovercrafts (air boats); can’t be stopped by mud o Problem solved? § Propeller is not underneath the boat 1972 – Kansas City – Police presence was: • Increased though intensified patrol • Reduced by limiting it to reposes to citizen calls • Left unchanged When you call 911, what is the importance of your call? • High priority – robbery • Less priority – burglary Differential Responses – response strategy that involves classifying calls for service and using various responses • Scheduling, delaying, or referring Directed Patrol – patrol officers assigned to specific activities, such as patrolling a high- crime area, chosen after an analysis of crime patterns • Hot Spots – naturally targeted, concentrated crime • Curb Crawling – sidewalk, walking slowly for prostitution or drugs, scare the customers away Problem-Oriented Policing – strategy that seeks to identify the underlying problems within a company so that community and police can work together to solve them • COPE – citizen-oriented police enforcement • Herman Goldstein • EX – drunk man every week, working together to help him seek help Criminal Investigation – very complex, but what is the purpose? • To find out the truth of what is reported • Most effective cold case – DNA • First – 99.9% non-criminal investigatior Initial Investigation -two rules – • Officer must secure the crime scene – fill out forms; interview witness; making an arrest to secure the evidence Prepare case for court – evidence is gathered in preparation for prosecution. • Reviewing and evaluating all evidence and reports on the case • Determining whether you can use physical evidence • Re-interviewing witness for final report Law Enforcement Priorities – (starting in the 1980’s and 1990’s) • Narcotics – o 1960 – LSD, Marijuana and Heroin o 1980 – Cocaine (LA); powdered cocaine o Late 1980’s, early 1990’s – club drugs, rape drugs o Late 1990’s – Meth (white poverty drug) o 1990’s to 2000’s – heroin (eastern states; New Hampshire) o MOST ABUSED drug – Alcohol • Domestic Violence – o 1984 – Minneapolis study; Judges have taken it more serious – sentencing abusers more time; Police have arrested more • Drunk Driving – o 1980’s MADD – Mother’s Against Drunk Driving – went around talking about drunk driving, threaten the judges position to enforce this – MOST SUCCESSFUL 9/11 – Terrorism, protecting the homeland • CIA and FBI – estimated minimum of 2,000 already in America Controversial Techniques – • Crackdown – intensified effort by the police to deal with a problem in a particular area, or to reduce the incidence of particular crime o Drunk driving, bikes; Road blocks • Decoy – police officer disguised as a potential crime victim to attract criminal attacks precipitating an arrest o Policeman pretending to be drunk and robbed • Sting Operation – deceitful but lawful technique in which police pretend to be involved in illegal activity to trap a suspect o Female police dressing like a prostitute • Entrapment – illegal practice of persuading an initial unwilling party to commit to an offense o Police nag you to do a crime and then arrest you • Zero Tolerance – a new approach to policing that is characterized by a lowering of tolerance to crime and deviance and the use of punitive measures to achieve this goal o Student bringing marijuana or pocket knife to class o Famous case – one girl handing tablet to another High-speed chases – the pursuit of a suspect at high speeds • Banned because people die while running away • Cameras at gas station for tagging, not endanger people Changing Compostion of the Police Force – • 1 law – made it easier for individuals to bring employer discrimination suits against police agencies • 2 law – to comply with federal guidelines, police departments had to make an effort to attract minority and female applicants • 3 law – the community has continued to put pressure on the police administration to make policy changes Minority Groups in Policing – • 1861 – 1 black cop hired in Washington, District of Colombia • 70’s more affirmative action programs • What percentage of population is black? o 13% • How many cops are black? o 13% • Women in Policing – o 1905 – Lola Bowman – looking after children o 1910 – Alice Wells – looking after children in a Skating park • What is the percentage of women in the US? o 52% o Men die 6 to 7 years on average earlier than women • How many cops are females? o 10% Police Subculture – set norms and values that govern police behavior, brought about by stressful working conditions plus daily interaction with an often hostile public Socialization of New Recruits – POST – Police Officer Standards and Training – 16 weeks Police personality – • Work personality – effect of police work on an officer’s outlook on the world. Danger and authority are important factors • Most dangerous jobs – fishing and lumberjacking • Danger – police get shot because they wear a uniform and cop car • Authority – uniform, gun and badge • Cynicism –Arthur Niederhoffer study showing 80% of new recruits believed the system was newly operated Styles of Policing – • Tough cop • Problem solver • Rule Applier • Crime-fighter • Street cops • Action seekers • Middle class mobiles Stress – you deal with people in trouble; don’t know if you’re going to go home • Spouses are stressed too • Attacked for other cops Behind in Blue Curtain – screen that separates police from civilians in society; isolation of police who spend time only with other police officers and families • Solidarity – cop paralyzed • Isolation • Primary reason for the existence of subculture that is characterized by very strong in-group ties, loyalty, secrecy, and isolation • Uniforms isolate them • Problem? o Bribes – offers money, goods or services to police to ensure that they do not enforce the law o Corruption – when a police enriches himself because of his authority o Personal gain – only government official; sale your soul for a favor; gain their power Corruption – Knapp Commission – Durk and Serpico • Meat eaters – (expensive) officers who solicit bribes or cooperate with criminals for personal gain o You initiate the bad behavior; you ask for it • Grass eater – (cheap) who accepts payoffs for rendering police services or for looking the other way when action is called for o Who accepts the offer • What is the most common corruption? o Acceptable of gratuity – free food Controlling Corruption – • Civilian police review boards – external control mechanism composed of persons unusually from outside the police department Chapter 7 – The Rule of Law in Law Enforcement 6/21/16 12:38 AM Criminal Justice under the Constitution – • Courts determining police and government roles o Gives a guaranteed right AMENDMENTS – whole system is controlled by Bill of Rights Federal Criminal Justice: The Bill Rights • 1791 – Bill of Rights th • 1897 – Bram vs. United States – 5 amendment State Criminal Justice: Selective Incorporation of the Bill of Rights Why was the 14 thamendment passed? • Due process law – 14 amendment, a fundamental mandate that a person should not be deprived of life, liberty, or property without reasonable and lawf ul procedures “EQUAL PROTECTION AMENDMENT” everyone is the same o “no STATE..” – mistake after first 10 amendments; they did spell out that federal AND state – liberty 14 fixed the first 10 amendments – state has to follow too • 1925 – Gitlow vs. New York – the 1 amendment is guaranteed by the 14 thamendment • 1937 – Selective Incorporation – supreme court practice of incorporating the Bill of Rights selectively, by identifying federal rights that are “implicit in the concept of ordered th liberty” and applying them to states through the 14 amendment due process clause 1950’s, 60’s and early 70’s – constitutional cases • Earl Warren (Chief Justice ) – Supreme court rulings; made rules for law enforcement (1953 – 1969 ) • 1954 – Brown vs. Board; began change th 4 Amendment: Unreasonable Searches and Seizures – warrant issued by judge • “I am secure in my privacy at home. A police officer can’t take or search my private home” • 1949 – Wolf vs. Colorado • Right to Privacy – o Search – any government intrusion upon a person’s reasonable expectation of privacy o Seizure – exercise of control by a government official over a person or thing • Warrant Requirement – o Issued by magistrate or judicial officer o Probable clause – reasonable belief that certain pieces of evidence connected with a crime that has been or is being committed may be found on a particular person or particular place o Officer – affidavit (sworn statement under oath); greater protection of the officer o EXACTLY WHAT YOU ARE LOO KING FOR AND WHERE § “Curtilage” – everything you own; so total property § “Exclusionary rule” – forces judge to through rule out, punishment to police Warrantless Searche s – 12/10/2001 William H. Rehnquist • Border Searches – o Crossing international border? You have no rights o Searching of luggage o Expectation of privacy goes down o Only rights in a certain country • Automobile Searches – o If they pull you over legally they will search your car • Consent Searches – o Consent – warrantless search conducted when the party to the search provides “voluntary and intelligent consent” to police o When you ask someone to search ; (4 amendment) § If yes – thank you, because you gave me the permission so you can withdraw the permission because you voluntarily gave permission § If no - Hot Pursuit – exception to the rule requiring police to have a warrant to conduct a search; applies to cases of pursuit of vehicles and of suspects on foot • If I am chasing you – I can only grab your body Plain View – no warrant is needed to conduct a sear ch when the fruits or instrumentalities of a crime are in plain view • Police asking for license while pulled over and see wine bottle • As long as you are there legally Stop and Frisk – technique used by police to “pat down” a person suspected of being arme d or in possession of instrumentalities of a crime Terry vs. Ohio – police can talk to you; pat you down Reasonable suspicion – suspicion (short of probable clause) that a person has been or may be engaged in the commission of a crime Frisk – patting down a suspects clothing to search for concealed weapons, under reasonable suspicion Exigent Circumstances – certain emergencies that call for immediate action and therefore do not allow time for a search warrant to be obtained • You can take drugs flushed Incident to an Arrest – if I make a legal search, I can arrest you • Where can police search? o Where his arm can reach Arrests – seizure of the person; the taking of a person into custody • Probable cause – set of facts would lead a reasonable person to believe that an accused person committed an offense • Arrest warrant – written order from a court directing the police to effect an arrest • Police anywhere in the United States • How can police arrest you legall y? • Probable cause • You don’t need a warrant if he does the crime in front of you • Actions and knowing the law TABLE 7.3 – pg. 206 Degree of Certainty – • Stop and Frisk - reasonable suspicions • Arrest – probable cause • When a judges instruct jury in a crimina l trial; guilty of a crime o Beyond a Reasonable Doubt The Right to Privacy Post – 9/11 – • Patriot Act – loyal to your nation; exception to fourth amendment o New court – “FISA” – Foreign Intelligence Surveillance Act § 11 judges § Allows CIA, FBI, NIA to listen to ANY phone call from international country to America – can ask for permission AFTER o If we think you are a criminal – we can listen to conversation the privacy th protection of 4 amendment – search warrant for phone conversation th 5 amendment – you can NEVER be force to say a crime • Miranda vs. Arizona – 4 things on page 213 o o o o th • Man was not given his rights under 4 amendment; legal or illegally under the constitution • Custody • Interrogation • When do you give them their rights? o You can arrest after a witness o Miranda rights then ask questions Enforcing Constitutional Rights: The Exclusionary Rules • Mapp vs. Ohio – went to woman’s house looking for son, found porn magazine, charged for porn; no rights, or probable cause Elephant in a Matchbox Doctor – a ROOM • 4 amendment – you can only search for things where they can FIT Fruit of Poisons Tree - • If a police officer gets evidence out of a search is illegal – exclusionary rule • See a check to drug dealer, and eventually arrest him and court ASK S how? o It is also excluded Tennessee vs. Garner – • Can’t shoot someone in back EXCEPT when he is dangerous Abuse of Force – • Police brutality - when police use violence because of his power Wickersham Commission – rd • 1931 – 3 degree – a police torturing a suspect to get confession Chapter 8 – The Origin and Role of the Courts Administer justice fairly, equitably, and expeditiously under a host of pressures including that from legislation that may satisfy an important political purpose Origin of America’s Court – • Courts of England discussed important business, resolved disputes and adjudging the guilt or innocence of persons accused of crime by means of a trial • Common courts – o Played in established public places in accordance with a se t of agreed-upon rules o Judged by referees or judges in the presence of the public Colonial Courts – • Thomas Olive – West Jersey o English Parliament – colonial legislatures became highest courts o Massachusetts Bay Colony – established a powerful body known as the General Court – legislature and highest court of the colony o Legislature to Superior Courts – civil and criminal cases; established trial courts headed by a chief justice and several associate justices. § Appeals – “Court of Appeals” o Administrative duties – setting and collecting taxes, supervising the building of roads and licensing taverns Courts For a New Nation – • Weak Centralized government led to – delegates to the Constitutional Convention (1787) to create a separate federal judiciary – separate from the legislative branch • Two legal systems – State courts and Congress & entrusted to the federal courts State Courts: Organization and Role – st • 1 Level – Trial Courts of Limited Jurisdiction – punishments courts can give o Small crimes o Justice of Peace – magistrate, or judge, judicial officer, normally not learned in the law, assigned to investigate and try minor cases. Presently a judge of a lower local or municipal court with limited jurisdiction § Misdemeanors or violation; involving sums of money o Courts of Limited Jurisdiction – courts (with a justice of the peace, magistrate, or judge presiding) that handle minor criminal cases, less serious civil suits, traffic and parking violations, and health law violations § “Workhorses of the state judiciary” § 14,000 courts; 20,000 magistrates, district judges, and justices o Courts of Special Jurisdiction – courts that specialize in certain areas of law; family courts, juvenile courts and probate courts (transfer of property and money of decreased) nd • 2 Level – Trial Courts of General Jurisdiction – major trial courts that have regular, unlimited jurisdiction over all cases and controversies involving civil and criminal law o Counties, or several counties o Superior Court or District Court rd • 3 Level – Intermediate Appellate Courts – court with power to review the judgment of trial court, examining erro rs of law. o Sufficient evidence to sustain a conviction o Trial court’s instructions to the jury unfairly shifted the burden of proof o Degree of force used by law was justifiable in light of the circumstances o Mandatory appeals – death sentences o Discretionary appeals – choose which appeals they will hear in certain categories th • 4 Level – Intermediate Appealed Courts – o State Supreme Court – state of last resort (except in certain jurisdictions, where the supreme court is s trail court of unlimited jurisdiction o Supreme – 5 to 9 judges o 60% of lower-court rulings were affirmed by the supreme courts o 68% of criminal appeals were affirmed by the government State Supreme Court – U.S. Supreme Court – Decision of appellate reviews an adverse court is reviewed here decision of the court of appeals State Appellate Court – U.S Circuit Court of Conviction is appealed Appeals – hears appeal here of denial of writ of habeas corpus, or adverse ruling on the merits of the case State Trial Court – Trial U.S District Court takes place here Magistrate’s Court – trail of minor offenses, warrants are normally issued here Federal Courts: Organization and Role – • Courts of the federal system, applying federal law, with power to test the constitutionally of state law and adjudicate controversies arising between residents of two or more states; Created by constitution • Apply and enforce all federal laws created by Congress • Can be found in Title 18 – ranging from environmental laws to treason and piracy • Created to protect the power so federal government to carry our both domestic and foreign policy • 2ndfunction – continually called on to test the constitutionality of federal and state legislation and of court decisions • Loving vs. Virginia 1967 Federal Magistrates – lowest level of jurisdiction = “United States commissioners” • Trial jurisdiction • Issuing warrants of arrest and search • Federal Bureau of Investigation and the Drug Enforcement Administration United States District Courts – • District courts – trail courts in the federal and in some state systems (94) • Drug cases – largest category of criminal cases filed • Anti-Drug Abuse Act – 1988 – designated drug crimes of violence • Wage a war on drugs • Operation Trigger lock – enforcement effort aimed at finding and prosecuting individuals and drug gangs that violate federal weapons laws • Speedy Trial Act – 1974 – requires that all criminal cases be brought to trail within 100 days or dismissed United States Circuit Court of Appeal – • Federal appellate courts with the power to review judgments of federal district • 13 appeals – one in each of 11 circuits, plus one in Columb ia, called the federal circuit • 167 federal appeals court judges Supreme Court of the United States – federal court that has ultimate authority in interpreting the Constitution as it applies to federal and state law; the final authority in interpreting eral law • Highest echelon – judiciary • Chief justice (1) and justices (8) o Chief can impeach president o Jury – US Senates (100 votes) o Prosecutors – House of Representatives (5 or 4) o Judge – Chief Justice Interaction between State & Federal Courts – Appeal and the Write of Certiorari – • Document issued by a higher court directing a lower court to prepare the record of a case and send it to the high court for review • Only a few considered Habeas Corpus – writ requesting that a person or institution det aining a named prisoner bring him or her before a judicial officer and give reasons for detention • If district court denies the writ of habeas, the prisoner can appeal that decision to a United States Court of Appeal. o If court does not overrule the district court, the prisoner can appeal again to the US Supreme court The Future of Courts: Issues – • Caseloads Federal Issues – • Supply of judges – screening, salaries, selection and confirmation State Issues – • Study and plan for future of the courts • Diversity • Drug campaigns Review – • Law – Federal law in federal courts; State laws in state courts • Jurisdiction – federal everywhere • Procedure – Federal – uniform laws procedures and evidence; State – more procedures • Caseload – state have the majority Prosecution – • Prosecutor – attorney and government official who represent the people again person’s accused of committing criminal acts o Screens cases to determine which should be accepted for further processing o Decides with what specific offenses to charge a suspect o Coordinates the investigation of a case, including the gathering of evidence and interviewing of witnesses o Issues an information – charging the defendant with a crime 0 when the law allows initiation of a criminal case by information o Presents the facts to the grand jury when so required by law acting as the grand jury’s counsel, in order to obtain an indictment against the defendant o Makes recommendations about whether a defendant should be released on bail and how much the amount of bail should be o Responds to any pretrial motions filed by defense o Decides which cases might be amenable to a plea bargain and then negotiates the settlement with the defense attorney o Prepares to any pretrial motions filed by the defense o Participates in the selection of a jury for those cases that go to trial o Argues the case on behalf of the government a trial o Makes recommendations about sentencing Federal Prosecutors – United States Attorneys • United States Attorney – attorney and government official who prosecutes cases at the federal level • United States Attorney General – highest-ranking official in the United States Department of justice • Today – white collar crimes, drugs and terrorist focus State Prosecutors – • State Attorney General – chief legal officer of the state; state counterpart to the US attorney general • Chief legal officers of their jurisdiction, elected • Normally do not have the same power over the local prosecutors in their state that the US attorney federal has over the federal prosecutors • Work closely with federal and local prosecutors to prepare the criminal cases resulting from such investigations Politics and Policy – • Prosecutors can be used as a tool of regulatory policy • Small communities – may collect and dispense money to cover debts, fraud, etc. • Weighed by available penalties • May fail to prosecute a case for intentions other than desire to achieve justi–e make a political poin t, to deter certain conduct, or to damage a reputation • “Overseer of the police ” - targeting Discretion – • Extent of Discretion – important decisions o Rejected or accepted beyond arrest o Charges specification o Recommendations regarding bail o Plea bargain or trial • Decision to Prosecute – o Amount of evidence o Reliable witness o Willing witness o No longer than 5 years • Controlling Discretion – o Decision-making guidelines – written guidelines that would provide specific criteria for decision making o Interoffice reviews – simple practice of having a superior check the work of those under his or her supervision can be an effective means of oversight o Limiting the number of decision makers – horizontal model of prosecution that assigns specific duties to experience prosecutors may help control discretion o Periodic review of charging polices and decisions Defense Counsel – • Ensure legal rights of an accused person are fully protected at every stage in the criminal justice process • Suppress illegally obtained evidence • Moving people of the same case • Seeking to have charges dismissed Defense Attorney Rules – 6 amendment • Defense Attorney – lawyer retained by an individual accused of committing a crime or assigned by the court if the individual is unable to pay o Advocates for the accused – innocent until proven guilty o Intermediary – explaining and understanding due to education level o Counselor – offering advice and assistance in explaining risks and benefits • Criminal and Attorney decision – o What plea to enter I response to the charges filed o Whether to waive the right to a jury trial o Whether the accused should testify on his or her own behalf Private Defense Control – right to have a lawyer that you pay for is legal • “Celebri
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