CJUS 101 Exam 2 Greg Saloom

Rule of law

"no one is above the law"

Due Process

Fairess

Miranda warnings

What the police are required to say when putting someone under arrest In accordance with the 5th amendment of the constitution

1 exception of the Miranda warnings

Public safety exception

what is the public safety exception

The officer can arrest someone without reading them their Miranda rights if they are a danger to the safety of the officer or the general public surrounding the arrest

Terry stop

breifly detaining someone with reasonable suspicion that they have, or are about to, commit a crime

being in custody means...

you are NOT allowed to leave officer presence

What does being in custody normally end with?

an arrest

Stop and identify laws

police are allowed to stop and identify anyone with reasonable suspicion

The Criminal Justice System (CJUS) comprises of Four (4) primary components

law enforcement

courts

corrections

legislature

What are the 3 sources of the Law?

constitution

case law

administrative law

Two main types of trails in the US CJUS

- bench trials (judge only)

- jury trials

Forensics

A broad field utilizing numerous practices (including DNA, Prints, Bloodstain, etc.

IAFIS (Integrated Automatic Fingerprints Identification System)

a national fingerprint and criminal history system

CODIS (combined DNA index system)

FBI database of DNA profiles used as investigative search tool for matching DNA profiles

No knock warrant

warrant for an arrest where police can legally break someone's door down without knocking and acknowledging their presence

Probable cause

Higher standard of evidence is established by criminal law to make an arrest, obtain a warrant, or conduct a search.

Reasonable suspicion

Detaining someone or conducting a search based on minimal or even zero evidence

What is the Right to Counsel? (look at this on PDF)

-A right to representation in criminal trial

-Established in Gideon V. Wainright

What amendment grants the right to counsel?

Sixth Amendment

What must an attourney provide someone accused of a crime according to the sixth amendment?

An objective standard of reasonableness to try the case

Search and Seizer (Look at PDF)

-Warrant is required to search someone's personal items or belongings

-evidence obtained without a warrant can not be used in court

True or False: If the evidence is incriminating enough, it can be used in court even if it is gathered illegally.

False

Search Warrant

An order based on probable cause, signed by a judge to authorize a legal search at a definite time and location.

Are there rare instances that an officer does not need a warrant?

yes

Vehicle Stops (look at PDF)

-Do not need a warrant to search someone's vehicle if they are stopped and the officer has probable cause

-Officer can "pat and frisk" a suspect if they believe the suspect is armed

-Officer can require someone's ID

Exclusionary Rule (Definitely look at the PDF)

Prevents courts from using evidence gathered in violation of the constitution in a trial.

What case established that the Exclusionary Rule applices to evidence gained from unreasonable search and seizures? What amendment does this violate?

Mapp v. Ohio, 4th Amendmend

Where does the exlusionary rule not apply?

Civil cases, including deportation hearings

4th Amendment

Protects from unreasonable search and seizure

5th amendment

right to remain silent

6th amendment

right to counsel

What are the 5 primary goals or criminal law?

Retribution *(Professor Saloom's favorite)

Restitution

Rehabilitation

Incapacitation

Deterrence

What are the 4 basic police functions?

Prevention

Investigation

Detection

Court preperation and trial testimony

What are the 5 steps in the use of force continuum?

-Officer presence

-Verbal commands

-Soft techniques

-Hard techniques

-Deadly force

Officer discretion applies to ONLY...

Misdemeanors

Locard's Principle

Every contact leaves a trace

What is the best defense to have but the hardest to prove?

Innocence

What are the 2 most important issues in today's world?

Mental illness and Age

Rehabilitation quote

"Good medicine, Good play, Good prayer"

What is the biggest challenge for law enforcement?

Recruiting new members and retaining them

How can you see if you are in a police officer's custody

Can I leave test

Does Louisiana have stop and identify laws?

Yes

The 3 Graham factors of reasonableness of LE use of force:

•   The reasonableness of the use of force should also be evaluated by considering 3 Factors (1) the severity of the crime at issue, (2) whether the suspect poses an immediate threat to the safety of the officers or others and (3) whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

The exclusionary rule prevents the government from using most evidence gathered in violation of the Constitution. The SCt. decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the ___ Amendment. The decision in Miranda v. Arizona established that the exclusionary rule applies to improperly elicited self-incriminatory statements gathered in violation of the ____ Amendment, and to evidence gained in situations where the government violated the defendant's ____ Amendment right to counsel.

4th

5th

6th

If evidence that falls within the scope of the exclusionary rule led law enforcement to other evidence, which they would not otherwise have located, then the exclusionary rule applies to the newly discovered evidence, subject to a few exceptions. The secondarily excluded evidence is called ______

“Fruit of the poisonous tree”

Qualified Immunity

protects police officers from being held personally liable if their actions do not violate a “clearly established” law. It is a type of legal immunity.