CCJS100 - Madoo - Exam 2

5 factors in police discretion

"Nature of crime
Relationship between criminal & victim
Relation between police & criminal/vicitm
Dept Policy
Race/ethnicity/gender/class

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Grass eaters vs. meat eaters

"Grass eaters: Accept bribes, gifts, payoffs in secrecy - Make those who expose look like a traitor
Meat Eaters - Activly demand and use power for personal gain

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Different ways to hold police accountable for their actions

"IA: Investiages officers in a department
Civilian Review Boards: Review complaints and make reccomendations
Accreditation: Non profit groups award credit if a dept meets standards
Lawsuits: Allowed when a persons rights are being violated

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Reactive Police Response

Respond to calls for servie

proactive police responses

Initiating enforcement actions

Differential Responses

Calls are responded to after being given a priority

Clearance rates

% of crimes solved through an arrest - Used to measure police productivity

Police services

Patrol, Investigation, Special Operations, Traffic, Schools, Vice, Drugs

How police deal with issues within the community

"Community approach - get residents involved
Provide non emergency services
Make police accountable
Decentralize decisions & include public

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How law enforcement prepares for threats against the nation

Learning to secure key infrastructure, proactive, intelligene

4th Amendment protections

Unreasonable Search and Seizure, excluded items in plain view

5th Ammendment protections

Jury Trial

Reasonable suspicion vs. probable cause

"Resonable Suspicion: Belief based on facts that crime is happened and further investigation is needed
Probable Cause: Facts that state a crime is more likely occuring then not

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What is an affidavit?

Writen statement subitted to judges to get a warrant

Limitations on police investigations

Totality of circumstances, cell phones, residences during arrests

Warrantless searches

"1: Special Needs - Searches of large amounts of people in the interest of public saftey
2: Stop & Frisk - Police officers can pat down people they stop if there is reasonable suspicion
3: Search Incident to Lawful Arrest - Can search after being arrested
4: Exigent Circumstances - Can search if there is a immediate threat to public saftey or if evidence will be destroyed
5:Consent to search
6: Vehicles - Need probable cause

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Issues with Miranda

"Does not apply if you are not in custody
Video only proves rights were read
Must assert rights
Public saftey exception

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Exclusionary rule and its exceptions

"Illegally gathered eidence must be thrown out except when:
It was collected during a good faith search
It would have inevitably be discovered

Adversarial vs. inquisitorial process

"Adversarial - Lawyers on each side do their best to win for their client, judges stay out of it
Inquisitorial - Judges question witnesses, investigate, and check evidence

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Functions of courts

Adjudication - Norm enforcement, dispute processing,poliy making

Structure of courts

"Trial Court limited jurisdiction - Hears misdemenors/lawsuits
Trial Courts General jurisdiction - Hears Felony cases
Apppellate courts - have no juries, hears complaints about trial cases

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U.S. Supreme Court

Federal court of last resort, chosses its own case, need 5 justicse to decide a case

Specialty courts

Traffic courts, problem solving courts, etc. Handle specific cases

Selection of state judges

Partisian election, nonpartisan election, gubernatorial appointment, legislative selection, merit selection

Selection of federal judges

Picked by the president, confirmed by the senate

Role of prosecutors and defense attorneys

"Prosecuting - Decide to charge a offender or not and what sentence to recommend. DA,SA, US attorny
Defense - Represents accused

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Indigent counsel

Coulsel for those who cannot afford it, often not very high quality. Paid by government

Bail and alternatives to bail

Money to be paid in order to be released. ALT: Electronic monitoring, Citation(ticket), ROR (promise), percentage bail, detention

Issues with pretrial detention

Innocent people are stuck in the system, pressure to plead guilty due to harshness of jail

Plea bargaining

Pleading guilty of a crime usually for a lesser sentence

Trial process

"Jury Selection
Opening Statements - Prosecutor states events and seeks punishment
Prosecutor then defense present evidence
Rebuttal
Closing Statements
Instruction fo Jury
Decision

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Jury selection process (venire)

Venire - the jury selection process

Voir Dire

Process lawuers use to question potential jurors and screen out biased or incapable people

Types of evidence

"Real - objects involved in crime
Demonstrative - Something shown to jury ie maps
Testimony - Expert talking
Direct - Eye witness accounts
Circumstantial - Inferences that can't be proved

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Real Evidence

Objects involved in crime

Demonstrative Evidence

Something to show jury - ie maps and graphs

Testimony Evidence

Expert talking

Direct Evidence

Eye witness accounts

Circumstantial Evidence

Inferences that can't be proved

Habeas corpus

A written writ requesting a judge review if a person is being helt properly and possibly release them

Goals of punishment

"Retribution - Punihsment on those who deserve it
Deterrence - Deter others (general) and offender (specific) from offending again
Incapacitation - Incarceration - remove ability to offend again
Rehabilitation - Treat needs of offender, ready them for return to world
Restorative Justice - REpair harm between victim, offender, community

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Types of criminal sanctions

"Incarceration - Locking people up
Probation - released under supervision
Intermediate Sacctions - more restrictive then parole, less then jail
Death -

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Indeterminate Sentencing

Min and max time set to serve

Determinate Sentencing

A sentence with a fix term

Mandatory sentencing

A minium punishment requiered by law judges must impose

Truth in sentencing

Must serve a minium sentence, usually 85%

Good/earned time

Reduction in sentence for participation in programs or good behavior

Issues with the death penalty

Can't undo it. Specific populations may nto be able to understand

Tennessee v. Garner (1985)

Deadly force can only be used on a fleeing suspect if there is a great danger to community

Terry v. Ohio (1968)

Officer can frisk a person briefly detained for questioning under reasonable suspicion

Chimel v. California (1969)

Warrentless searches for immediate vicinity of an arrest for weapons or evidence are allowed

United States v. Drayton (2002)

Police are not requiered to inform you of you right to refuse being searched

Miranda v. Arizona (1966)

Suspects in custody must be informed of their right to remain silent and right to counsel

Berghuis v. Thompkins (2010)

People in custody must verbally invoke their rights

Weeks v. United States (1914)

Established Esclusionary rule on the federal Level

Mapp v. Ohio (1961)

Established exclusionary rule on state level

Strickland v. Washington (1984)

To show that ineffective coulsel violated defendants right they must prove specific errors that effected the outcome of the case

United States v. Salerno and Cafero (1987)

Preventive detention is allowed to stop people from comitting crimes while on bail

Boykin v. Alabama (1969)

Defendant must enter plea bargin with full informed consent

North Carolina v. Alford (1970)

You can plead guilty while mainting innocence for a lesser sentence

Missouri v. Frye (2012)

Violation of 6th ammendment for counsel to not inform defendant of plea bargin

Williams v. Florida (1970)

12 jurors is ideal but 6 is minimum

Witherspoon v. Illinois (1968)

Jurors can be excluded during voir dire for not supporting death penalty

Furman v. Georgia (1972)

Death Penalty is unconstitutional due to racial issues

Gregg v. Georgia (1976)

Death penalty is constitutional if mitigation circumstances are considered, and if the guilty and punishment trials are separate

McCleskey v. Kemp (1987)

In this specific case there was no racial bias in death penalty

Atkins v. Virginia (2002)

Death Penalty is unonstitutional for developmentally challenged

Roper v. Simmons (2005)

Death Penalty is unconstitutional for minors at time of comitting crime