Viewing All Flashcards for Criminal Justice
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- right for people to be secure in their persons, papers and effects against unreasonable searches and seizures- limits overzealous behavior by the police- requires a neutral detachment magistrate-rather than the police officer involved
- standard for legal arrest is PROBABLE CAUSEmust have "more than a hunch yet less than actual knowledge that the person commited the crime- the court can distinguish different probable cases depending on the situation of the case
- not all searches are prohibited --> only those that are unreasonable - what do you do with illegally obtained evidence?-requires ALL evidence obtained in violation of the 4th Amendment be excluded from the governments use in a criminal trial
- when the exclusionary rule first made appearance
1914 when the exclusionary rule first appeared in the united states supreme court- Justice Oliver Wendell Holmes said to consider1. criminals should be detected and all available evidence used2. governments shouldnt commit other crimes while gathering information and evidence
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1961- put an end to the confusion of the exclusionary rule- Supreme Court has objected to police behavior when it "shocks the conscience"
Made in 1983-19841. Justice WIlliam Rehnquist established "Public Safety Exception"- if there is a viable concern for the public safety then there can be an exception2. "Inevitability of Discovery Exception"- even if the suspect helps find/give information on the crime it doesnt matter if the police could have found it on their own3. Evidence can be used even if obtained under a search warrant that is later found invalid4. They can also go into a public place, see something illegal and then get a search warrant after and go back
2 main schools of thought on the exclusionary rule 1. Crime-control Model2. Due Process model
Police might make mistakes and the victims can sue if they want BUT the evidence should still be able to be used even if it was obtained illegaly- This is the new current trend- it weakens the exclusionary rule- many people favor the decline- many observers believe that the MAPP ruling will soon beoverturned
- should suppress any evidence that was obtained illegally- the victims normally cant sue, which means that they wouldnt have enough money and that it could be used against them during trial
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When a person is brought before a judge for the investigation of the restraint of that persons liberty- remedying a wrongful arrest or detention
- always best for a police officer to effect an arrest with a warrant- to get an arrest warrant1. swears in an AFFIDAVIT that they pocess certain knowledge that a particular person has comitted an offense2. Neutral Magistrate issues the warrants
- requires exigent circumstances and that the officer posses probable cause- common with street officers
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- Supreme Court made major decisions1. Must have PROBABLE CAUSE to take a person into custody and for police interrogation2. Police cant randomly stop a car to check for a liscence and registration3. Police may arrest EVERYONE in a vehicle in which drugs were found4. Since 1975 any person that was arrested without a warrant holds an initial appearance to ensure the "probable cause" for arrest or detention was valid
- 2003 decided that police had to wait 15 to 20 seconds before knocking down the door of a drug search otherwise the suspect could have time to flush the evidence down the toilet
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There is no basic rule that determines the point of a seizure in all situations-ultimately it is for a judge or a jury to decide
- can distribute a lot of authority without restraining someone physically which means it is NOT a siezure- supreme court has also authorized warantless blood tests from a defendant to obtain evidence
- again best way a policeman can search is with a warrant- still need PROBABLE CAUSE to get the warrant from a neutral magistrate- usually investigate personnel only to get the luxury of getting a search warrant5 Searches that can be warantless1. searches that are incidental to a lawful arrest2. searches that are done during field investigations3. searches of cars that are under special conditions4. seizures of evidence that are in plain view5. searches when consent is given
- if police have already arrested you they can conduct a full search even if the original arrest may not be required at all- the searches are limited to the suspect and their direct surrounding- suspect is also forced to revel the presence of anyone else who might be dangerous- "protective sweep"
- a police officer stopped a car for a burned out headlight - driver consented to a search - found several stolen checks in the trunk - driver and passenger were arrested and convicted- police cant deceive a person into thinking that they have to consent to a search
- originally the supreme court didnt believe that wiretapes were considered search and seizures- KATZ v. US (1967) any form of electronic surveillance including wiretapping violates a reasonable expectation of privacy - must be based on probable cause - described the conversation to be overheard - name of the subjects overheard - and be terminated when the desired material is obtained- Supreme court decided that electronic eavesdropping DOESNT violate the 4th amendment- Warantless monitoring of an electric beeper in a private setting DOES violate the suspects right to privacy
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- critical stage of criminal proceedings- the accused has a right to attorney- lineups must be fair to suspects/guarntees no bias against the suspect
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- the right against self-incrimination- one of the most significant provisions in the Bill of Rights- no one can be compelled to answer questions if the answer can be used later to convict them- sometimes people take this as a reason for quilt
- dont want to use physical force to get confessions- some cases that go before Supreme Court are actually because of psychological damage- Miranda V. Arizona 1966--> confessions made by suspects who have not been notified of their constitutional rights- need to have the guiding hand of counsel- once a "mirandized" suspect has stated the 5th amendment interrogation must STOP
- due process of the 1960s- if a suspects waives their rights and makes voluntary statements while irrational are admissible- also the suspect needs to know that all statements about all crimes can be used against them- even when they dont ask for legal assistance but make an oral statement it can still be used- the Miranda Rights dont need to be administered in the same way to be effective- once a suspect waives their Miranda Rights a police officer can contribute
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- officers cant act in a way that is "universally shocking to the justice system"- police CANT induce or encourage a person to commit a crime that he or she would not have attempted- some situations can cause even honest people to be tempted to commit a crime
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- speedy and public trial- to have assistance of councel for his defense- having legal representation can strongly impact a persons trial in positive ways- POWELL v ALABAMA (1932) --> poor illiterate right- GIDEON v WAINRIGHT (1963) --> indigent people changed with felonies- ARGERSINGER v HAMLIN (1973) --> indigent with all changes
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- interrogation is not only when an officer asks direct questions but when they make remarks designed to appeal to a defendants sympathy, emotions, religion- "Christian Burial Speech"--> one technique used to get a confession- you really should say something so they can have a propper Christian Burial Speech- anything recorded can be used against a person
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- very different philosophy for juveniles- society (poor parenting, poverty) responsible for criminal behavior
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- doctrine that guides police officers for the treatment of juveniles- state is that ultimate parent of the child- state can intervene and remove children from neglected homes
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- doctrime that states that the state will act in place of the parent- may have to testify that a woman is an unfit mother- seeks to rehabilitate not punish the juvenile- IN RE commonly used with junvenile because it means "concerning" or "in the matter of"- trials are normally more private and only held infront of a judge
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An issue has 2 sides- something is either good or bad
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Much more complicated form of ethics- one person may think one thing is ethical while another doesnt- not all issues are clear cut- DOUBLE EFFECT --> commit an act to achieve good even though an inevitable but intended effect is negative the negative act might be justified
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2 models of law enforcement1. crime control --> repression of criminal conduct is most important function for police and police efficiency2. Due process model --> efficiency is less important than eliminating errors/protection of the process of the law is more important than any end result of conviction- noble cause corruption --> when police lie about their actions so they can accomplish and solve crime- they are done for arguable good reasons
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-sometimes recieve more gratuities because they are more connected to the community- should they receive free coffee/meals?- Slippery Slope Perspective --> acceptance may lead to further deviance and unethical conduct- BUT would it be rude not to accept the gift?- extremely complicated topic and issue
- acts as an official representative of government who is required and trusted to work within the law- police officer must perform all duties with No BIAS- Police officer must use discretion and exercise it within the law- police officer will never employ unneccessary use of force- must keep complete confidentiality- will NOT engage in acts of corruption or bribery- Must be responsible for their own standard of professionalism
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- 3 legitimate and responsive forms of force1. right of self-defense2. power to control those for who they are responsible for (prisoner)3. unrestricted authority of police use of force- Egon Bittner definition --> distribution of non-negotiably coercive remedies- above all making use of the authority to overpower resistance
1. Officer presence and verbal direction2. touch control --> placing a hand3. Empty-hand tactics and chemicals --> pepper spray4. Tasers and impact weapons--> there is active aggression a police officer can use more mechanical pressure at specific points on a persons body5. Deadly Force --> using a shot gun/rifle or another means of aggravated aggression because the individual is attempting to use deadly force against the officer- MANY departments and agencies have adopted to the CIRCULAR USE-OF-FORCE-places force options in random order depending on the situation
Gun fire that spreads among officers who believe their collegues are facing a threatoften leads to an outcry by the community of family members- incidents involving minority group members will often heighten the tension-officers that purposely target minorities are a small percentage but they are protected by other police/law- citizens are not given:- number of people killed by police- number of times police use excessive force
1985- stopped common use of deadly force- ruled that it was unconstitutional to use deadly force against ALL suspects
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- 3 ways police can be brutal1. physical abuse2. verbal abuse3. police themselves can symbolize brutality to some because represent laws that contribute to discrimination- brutality is under control by the individual police state- citizens view police brutality in many different ways- abusive language to physical violence- it is impossible to know the extent or amount of brutality police use each time or everthere are "low visibility acts" which many citizens decide not to report
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- 2007 supreme court decision about deadly force and vehicle chances- police are allowed to crash/use force to stop a car chase that could harm innocent bystanders without violating the suspects 4th amendment
- "driving while black or brown" DWBB- unequal treatment of any person on the basis of race, ethnicity, religion, gender, sexual orientation- all races are equally likely to be pulled over- only black and hispanics are more likely to be searched and arrested- police base it off of PROBABILITIES NOT PREJUDICE- statistical reality that certain people are more likely to commit crimes- best defense is to collect data - helps determine if officers are stopping and searching disproportionate numbers of minorities
1996--> Domestic violence offender GUN BAN- bans anyone (including police) from carrying firearms if they have been convicted for domestic violence- Police arent neccessarily fired if they beat wife or child- but the career is normally over because they cant have a gun- however some cases are exceptions for if a gun should be taken from a police officer
- KNAPP Commission --> investigates police corruption in the 1970s- 1973 report determined that there are 2 primary types of corrupt police officers1. meat-eaters2. grass-eaters- officers in plain clothes have more opportunity for corruption- the rank of an officer also affects the amount of the pay off (higher the higher the rank)-Misuse of authority to produce personal gain
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Small percentage spend a large amount of their working hours looking for situations they can exploit for financial purposes
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Accept the PAYOFFS- will accept gratuities
1. Rotten apple2. enviornmental
Result of having a few "bad apples" who already had character problems to begin with
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- corruption is the result of a widespread politically corrupt enviornment
1. EXTERNAL --> grattuities and payoffs- occur through police contact with the community2. INTERNAL --> relationships among police officers within the workings of the police department
- mooching--> MOST COMMON- chiseling--> demanding free admission/discounts- favoritism--> using immunity- prejudice--> behaving badly to minority group members of city hall- bribery--> receiving payments of cash or gifts for past and future assistance- shakedown--> stealing expensive items for personal use and saying that it was because of a criminal activity- perjury--> following "CODE" officers lie to provide an alibi for other officers- premediated theft --> being involved in planned burglaries
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- keeping quiet in the face of misconduct by other officers- "fraternal brotherhood bond" was discovered in 1970 by William Westely- Police officers need to depend on each other for safety- BUT an officer has a duty to uphold the law BUT cant break the fraternal bond- ideal position is in the middle --> maintain a commitment to professionalism and ethics without overreacting- Now about 83% of US officers dont accept the code of silence
- Hobbs Act in 1970 --> federal powers and jurisdiction1. EXTORTION --> when a police officer "overlooks" law violations2. COMMERCE --> extortion effects legitimate commerce- when these two elements are present the HOBBS ACT can be used- only ways extortion may not be under the HOBB ACT is if the corruption is in the police department (Internal)- its neccessary to train recruits on the need for a corruption-free department-creation and maintenance of internal affairs unit and the vigorous prosecution of law-breaking police officers-should be rewarded system for honest police officers and should include portection against other officers if they break the "code of silence"
-1st amendment- the state had interests as an employer in regulating the speech of the officers-state may impose restrictions but they must be reasonable- they can also have restrictions on personal apperance
- 4th Amendment- normally applies at the officers home or if they are off duty- must be compelled to cooperate with investigations when ordinary citizens couldnt
- 5th amendment- GARRITY v New Jersey-information was forced out because he was without the 5th amendment rights-can fire if they dont answer questions that are directly related to their cases/duties
-must be available to work and be "on call" 24 hours of the day- must be able to work nights and weekends and holidays-person with the least seniority has to work the bad hours- prohibits religious discrimination
- ample opportunity for police officers to have adultery/offer opportunites for sexual misconduct-work alone with frequent contact with citizensCONTACTS- officers initiate contacts with female- voyeuristic contacts --> peep- contacts with the crime victims- contact with the offenders- citizen-initiated- sex crimes by officers
- certain number or all members must live in the geographical limits of their jurisdiction- should be familiar with the town area- reside where the taxes go
- the act of having a 2nd job- normally police dont let them have 2nd jobs because they always need to be on duty at all possible times
- can have drastic consequences on officers and community- shooting in defense of life --> YES- shooting to stop fleeing felons --> YES- identifying Juvis --> dont distinguish between adult or juvenile- shooting at from Vehicles- TENNESSEE v GARNER --> likely to be written for the defense of life- no warning shots- kill animals in self defense/harm to others/injured badly- carrying weapons of duty --> allowed to carry
- more common in officers because of the nature of their work- no alcoholic beverages before a reasonable time before they go on duty- NATIONAL TREASURY Employees Union v Von Robb- major decision where they decided that it was acceptable to have random drug testing especially for US customs workers
- public's trust and respect are very important- police officers have to make sure to trust and respect the community and make sure that the trust of the community lasts- employee misconduct --> harm the public- corruption/harrassment/brutality/violations of civil rights- substance abuse and tardiness and violations of dress and appearance
- due process requirements for discharging employees- afforded a public hearing- be present during information against them- present their own witnesses- may be represented by counsel- impartial referee or hearing officer- eventual decision for or against them
- allegations of misconduct of illegal behavior by a person in or out of organization- must be investigated and accepted in accordance with established policies and procedures