T1 LAW

Law

formulated by the government

justice

fairness and objectify in law

Social Contract

surrender freedoms in order to receive society protection

sources of Law

1. English Common law (customary Law)

2. us constitution

3. Statues

4. court decisions

English common law is also know was what?

and where is it form and what ideas r there

customary Law

old english where royal judges steeled legal disputes, murder, manslaughter, assault

the us constitution is (2)

1. blueprint for federal system

2. the fundamental written laws in the US

Statues

the formalized written laws by legislation and what needs to be proven beyond reasonable doubt o

court decisions

courts role is to interpret the constitution and other federal state statues

Criminal Law

wrongs against society

actions taken on by DA

Civil Law also know as

tort

civil law

wrongs against an individual

legal standards of proof

1. probable cause

2. preponderance of evidence

3. clear and communicative evidence

4. beyond reasonable doubt

probable cause

standard of approval you need to arrest

preponderance of evidence

leave of proof needed in civil cases

clear and communicating evidence

requires more than preponderance of the evidence but less than proof BRD

Proud beyond reasonable doubt

required for prosecution of criminal cases

Crimes are ONLY

Misdemeanors and Felony’s

how long are Felony served

served in state prison for less more than a year

how long are misdemeanors served

is serves in city or county jail for 16-264 days

how long are petty offenses (violations) served

serves in city or county jail less than 15 days

what does the constitution consist of

7 articles and 27 amendments

first 10 r bill of rights

article 1-3 established?

1. legislative branch

2. executive branch

3. judicial branch

1st amendment

right to freedom of speech and expression with exceptions

2nd amendment

right to bear arms with exemption (state regulations)

4th amendment

protencts for unreasonable government search and seizers

exclusionary law

requires evidence to be thrown out if obtained illegally

5th amendment (REDDS)

• right to Grand Jury

• eminent Domain

• Due Procces

• Double Jeparady

• Self Incrimination

how many ppl r on a GJ, and how many need to agree

16-23 ; 12

Due Process

ensues our right to life, liberty and property

Eminet Domain

however that the Gov can acquire private property for pubic use (highways etc.)

6th amendment

• right to to a speedy trial

• right to counsel

• right to comfort witness

• right to cross examine

• right to inform of charges

• right tp obtain witnesses to speak on your behalf in court

All stuff that happens after indictment

8th amendment

protection form cruel and unusual punishment

14th amendment

• protects citizens against abusive acts of gov

order of criminal justice system

• police

• prosecutor

• courts

• corrections

purpose of jail time (4)

retribution

deterrence

incapacitation

rehabilitation

appellate court

review decisions of court

NYC criminal court

majority of all initial arraignment happen

NYS Supreme court

Felony and Grand Jury

NYC family court

• DV, Juvenile, ppl need of supervision

NYS appellate Divison

appeal from trial

NYS court of Appeals

Highest Court of NYS

US supreme court

highest court in us

fissions become nationwide case law

Criminal justice process

1. investigation

2. Arrest (summary and warrants)

3. stationhouse proccesing

4. central booking

5. prepare complaint

6. arraignment

7. preliminary hearing (do we have enough evident to present to GJ)

8. grand jury

9. re arraignment

10. pre-trail (evidence obtained constitutionally)

11. trail

12. sentencing

preliminary hearing

do we have enough evident to present to GJ

pre-trial (suppression)

was evidence obtained constitutionally

Mandatory activation of BWC

they r always on but most be activated and deactivated

when is the appropriate time to turn off BWC after an arrest

when person is in holding cell

Fruits from posiones tree

exclusionary rule

is probable cause needs for stop and frisk

no, resonable suspension

Terry vs Ohio

creation of stop and frisk procedures

what is reasonable suspicion

• reasonable suspicion a person is armed and dangerous and may have or is about to commit a crime

• reasonable suspicion is a lesser charge than probable cause

people vs DeBour

at NYS court of appeals

• established legal of investigative encounters

levels of permissible police intrusion

level 1→ request for information → objective credible reasoning for stop

Level 2 → common law right inquiry → criminality At foot

level 3→ Terry stop—> reasonable suspicion “stop and frisk’

leave 4→ arrest → probable cause

at what level is a person of interest no longer allowed to leave

level 3- a Terry stop

Wink vs us

resulted in exclusionary rule

Matt vs Ohio

exclusionary rule for States

Level 1 → police intervention

request information with credible reason to approach

• Non accusatory questions

• not A SUSPECT

• may leave at anytime

Level 2 → Criminality at foot

• found suspicion

• more than a hunch

• right to search w/ CONSENT

• protective measures

• Anonymous source

• free to leave NOT TO RUN

what are protective measures and examples

at any level an officer may engage in protective measures such as

1. show me your hands

2. take your hand out of your pockets

3. place thats object down

4. step way from object

anonymous caller → unverified → __

leave 2

anonymous caller → verified / Live → __

Leval 3

anonymous caller → unverified → police observation → __

Level 3

anyone who face to face is a __ and level _

verified caller and is a level 3

level 3

• they are not free to leave

• a stop is only permissible when individual reasonable suspicion -→ is about to or is committing a felony/ penal Law misdemeanor

can not frisk someone for a __

violation, such as open container

what level is police observation

no level

when a MOS is using reasonable suspicion they must be?

individualized, particularized, objective and supported

example causes of reasonable suspicion

• engaging in drug transactions

• conceling a weapon

level 3 → Terry Stop

• suspect is not free to leave they may be detained

• not required to answer any questions

• not required to identify themselves

• may not respond but may not lie

• can ask accusatory questions

• can ask consent to search

Frisk is not

Not a search its a pat down

what may you not frisk for

drugs, only weapons

when can your Frisk

• violent crime

• observing a weapon (armed and dangerous)

• statement from witness/ victim

can an officer frisk a bag

• may feel/ frisk the a bag

• if rigid may look in

frisk when issuing a summons

when u issue a summons does not give automatic frisk

you must get independent reasonable that this person is armed and dangerous

what must be filed after frisk when issuing a summons

required STOP report