Phase 1 Study Guide

U.S. Supreme Court

- Appellate court

- Highest court of the land and the final decision (Make an impact on everyday "case law")

- An appeal court that DOES hear evidence and testimony

U.S. Circuit Court of Appeals

- Appellate court

- Appealed from the Federal District Courts

- A decision from one circuit has NO precedential bearing on the other circuits

Federal District Courts

- Trial Court

- Disputes between residents or companies between 2 different states

Wisconsin Supreme Court

- Appellate court

- Highest court of WI Constitution

- Performs regulatory functions (Fair and efficient WI court system)

- Regulates legal professions in WI

Wisconsin Court of Appeals

- Appellate court

- Decision of one district is binding to the rest of the state

Wisconsin Circuit Court

- Trial court

- Criminal complaint needed

- Proof beyond a reasonable doubt needed to convict

Municipal court

- De-criminalized (can NEVER hear a crime)

- Many municipalities adopt state statutes: usually it is up to the officer to decide whether to charge them with the state statute or the ordinance

- Jurisdiction: municipal ordinance violations

- Defendants are not entitled to free legal representation

- Burden of proof: Preponderance of evidence

Social contract theory

Legitimacy of the state derive from an (explicit or implicit) agreement by individual human beings to surrender (some of all) of their private rights in order to secure the protection and stability of an effective social organization or government.

Bill of Rights

Magna Carta: Basic human rights

How to prevent crime?

Being proactive, distributing crime news, patrolling, and creating a presence.

Government's expectations of law enforcement officers

- Adequate training

- Protect rights

- Be fair and just

- Follow policies and standards

- "Maintain order and uphold the law without violating due process"

Community's expectations of law enforcement officers

- Equal access/ equal treatment

- Justifiable actions

- Preservation- not judging of life

- No private gain

- No selective enforcement

- Teamwork (with peers, other agencies, and the community

U.S. Department of Justice Area of Enforcement

Lead agency for the enforcement of federal laws

FBI Area of Enforcement

Bank robberies, certain kidnapping and hostage situations, counter and anti-terrorism efforts, assist local law enforcement

DEA Area of Enforcement

Enforce controlled substance laws and regulations

U.S. Marshals Service Area of Enforcement

Enforcement arm of federal courts

ATF Area of Enforcement

Reduce crime involving firearms, explosives, acts of arson, and illegal trafficking of alcohol and tobacco products

DHS Area of Enforcement

Deter terrorist attacks (umbrella organization)

U.S. Customs and Border Protection (CBP) Area of Enforcement

Border security

Secret Service Area of Enforcement

- President, vice president, families, head of state, and etc. protection.

- Financial crimes

- Computer based attacks on financial, banking, and telecommunications

Role of the Sheriff and Sheriff's deputies in Wisconsin

- Charge and custody of county jail (Statutorily, all counties must have a jail maintained by the sheriff)

- Keep a register of all prisoners committed to any jail

- Attend upon the circuit courts (bailiff)

- Serve and execute all processes, writs, process and orders

DOJ/ Criminal Investigation Role/ Enforcement power

Investigates crimes that are statewide in nature

Arson Bureau/ State Fire Marshal's Office Role/ Enforcement power

Investigates fire and explosions

Narcotics Bureau Role/ Enforcement power

Stopping the flow of drugs to and from WI- all counties get this service

Investigative Services Bureau Role/ Enforcement power

Liaison to the FBI's Violent Criminal Apprehension Program (WISC)

Gaming Enforcement Bureau Role/ Enforcement power

WI Lottery, pari-mutuel betting, Indian gaming, Bingo and illegal gaming, and charitable gaming

Public Integrity Bureau Role/ Enforcement power

Investigates public employees and their alleged violations of state statutes while they were acting in their official capacity (Computer Crimes Unit, Financial Crimes Unit, and Internet Crimes Against Children Task Force)

State Patrol Role/ Enforcement power

Patrol state highways and respond to highway crashes or serious incidents ( Crash reconstruction, Commercial vehicle inspections, Criminal interdiction and Homeland Security, Aerial Surveillance, and Training/ local assistance)

DNR Role/ Enforcement power

State and federal laws that protect and enhance WI natural resources

DOC Role/ Enforcement power

Oversee 20 adult institutions/ prisons (LOCATOR: detailed offender information to law enforcement)

Role, jurisdiction, and law enforcement powers of municipal law enforcement

- Any municipality with a population of 5,000+ must provide police protection services - Need to have a board of commissioners to oversee agencies with at least 3 members

- Enhance ordinances and state statutes

Definition of Community-oriented policing

- Combining traditional policing with prevention measures, community engagement, problem solving, and community partnership.

- Work together to learn what is happening in the community

Goal of Community-oriented policing

To reduce court time and have more effective officers on the street

The Why of Community-oriented policing

- Brings community together and stronger

- Deter crime

- Change reputation of the police with positive interactions

Components of Community-oriented policing

- Police and community

- Organizational transformation: alignment of structure

- Community partnership

- Problem solving (proactive and systematic way)

- Crime prevention (proactive policing)

Benefits and Challenges of Community-oriented policing

+ Community trust, information, resources

- Need work and effort from both sides

SARA

S: Scan data for patterns

A: Analysis of problem

R: Response- New ways/ ask other communities

A: Assessment of plan, cost, effectiveness

- Crime Triangle: Suitable target; Likely offenders; Time and Space

Benefits and Challenges of Problem-oriented policing

- Forms strategy to tackle a problem

- Gives you a method to follow

- Opens the door to community oriented policing

- Crime triangle= investigative and preventative

What is the "Broken Windows" policing strategy?

- Cracking down on small crime to create a more positive community atmosphere and prevent serious crime.

- Changing the mentality so people realize that they can't even get away with petty crime.

Benefits and Challenges of the "Broken Windows" Policing strategy

+ Creates a sense of pride in the community

- Need a lot of support from both police and citizens- holds the citizens responsible mainly

"Intelligence-led" Policing Strategy

- Agencies gathering intelligence and sharing that information within their agencies and other local, state, and federal agencies to stop crime

- Concept: Based on community-oriented policing and problem solving and compstat

6 Steps of "Intelligence-led" Policing Strategy

1. Planning and direction (identify outcomes to achieve)

2. Collection (Surveillance, CI, public records, etc)

3. Processing/ collation (Software programs)

4. Analysis (Deriving meaning from data)

5. Dissemination (Getting info to those who need it)

6. Reevaluation (determine effectiveness)

Chicago's Alternative Policing Strategy

-Mission: the program brings police, local government agencies and the community together to

prioritize problem and prevention efforts in 5 Chicago neighborhoods (Englewood, Marquette,

Austin, Morgan Park, and Roger's Park)

Different methods used to make decisions

- Routine - decisions that are day-to-day

- Impulsive - 50/50 chance, "flip a coin"

- Reasoned - balance out the pros and cons before deciding

- Gordon Graham and his risk management for Law Enforcement

- How often you do it vs. The risk of it

- You want to train more on High Risk + Low Frequency

Pitfalls or traps when making decisions

- Anchoring: focusing on information already given

- Status Quo: staying with something that is familiar

- Justifying past actions: making decisions off of past mistakes

- Inference & Assumptions: jumping to conclusions

- Vagueness & Ambiguity: lack of understanding/clearness

- Opinion vs. fact: skew ability to be objective

- Heuristics: use of unconscious routines to cope with inherent decision making

Define critical thinking

- The disciplined art of ensuring that you are using the best thinking you are capable of in any set

of circumstances

Essential aspects of critical thinking

- Dispositions - skeptical, open minded, respect of evidence oand reasoning, will change

positions when reason leads them to do so

- Criteria - assertions based on relevant, accurate facts, credible sources, unbiased, free

from logical fallacies, consistent, and strongly reasonsed

- Argument- a statement or proposition with supporting evidence

- Reasoning - infer a conclusion from one or more premises

- Point of view - the way that one views the world, critical thinkers use many different

points of view

- Procedures for Applying Criteria - using many procedures like asking questions, making

judgements, and identifying assumptions

Characteristics of critical thinking

- Ask appropriate questions

- Defining a problem

- Examining evidence

- Analyzing assumptions and biases

- Avoiding emotional reasoning

- Avoiding oversimplification

- Considering other interpretations,

- Tolerating ambiguity

What does emotional intelligence mean?

The ability to recognize your emotions, understand what they are telling

you, and realize how your emotions affect those around you.

- Self-awareness, Self-regulation, Motivation, Empathy, Social Skills

What does multiple intelligence mean?

Theory that people possess different kinds of minds and therefore learn, remember, perform, and understand in different ways.

Community Trust

Mutual respect and collaborative relationship between law enforcement and citizens

Importance of personal moral maturity and individual character

Law enforcement profession is held to a higher standard of behavior because they are

empowered to apply force and remove privileges when lawfully justified

o Public will not separate your personal life from your professional life; as such, you are a

highly visible role model

● NYC's keys to professionalism:

o Discretion (unbiased)

o Oral communication

o Written communication

o Perception (how the public sees you)

o Ethics (do the right thing always)

● Huntington's Three Principles:

o Corporateness

▪ Only those who qualify are allowed entry into a profession

▪ Professionals have a duty to police each other

▪ Must maintain standards of performance and the sense of service

o Responsibility

▪ Officers serve society

▪ Society is diverse + training must account for this diversity

o Expertise

▪ Officers must be proficient in both technical and communication skills

▪ Developing and maintaining expertise is both on the officer and agency

● The five "I's" of police professionalism

o Integrity -do the right thing always

o Intellect - higher schooling and developing skills

o Industry - looking for results rather than just going through the motions

o Initiative - making things happen

o Impact - influencing others and situations

● Other concepts:

o Respect - show it and earn it

o Appearance - look the part

o Demeanor - calm and authoriative

o Diligence - complete assigned tasks carefully and thoroughly, do all follow up

o Competence - knowledge and skill to do the task at hand

o Attitude - positive, helpful, and respectful

Virtue Ethics

- Puts character above all else

Utilitarianism

- Maximizing happiness and minimizing amount of suffering around you.

Kantianism

- Principles of ones actions > results of an action

Contract Theory

- Agreements between people

Care Ethics

- Relationships are fundamental to ethical thinking

- In order to act right, you must build, strengthen and maintain strong relationships

ASCT Model

- Alternatives - any alternative options?

- Stakeholders - people that are affected by the decisions?

- Consequences - what good/bad is likely to happen from each alternative?

- Telling - is your action something you would be proud to talk about?

Ethical Filters- PLUS Model

- Policies - is it consistent with the organization?

- Legal - is it lawful?

- Universal - does it conform to the universal morals of my organization?

- Self - does it satisfy my personal definition of right, good and fair?

4 Types of Police Officers

- Avoider - unwilling to engage the community productively. Avoiding people in bad

neighborhoods because you don't think they are worth "saving"

- Enforcer - typecasts people as good or bad. Bad people are dealt with by using formal

enforcement exclusively as the solution to the problem

- Reciprocator - conflicted about the use of authority and people

- Professional - comfortable with legitimate authority

How does culture influence your thought process?

- Culture is one's way of life

o Influences and molds you

Prejudice

An opinion or judgement before and/or without knowledge of the facts

- Helps us survive: categorizing things to help us make sense to the world around us

Bias

How we favor things based on our perceptions (can be positive and negative)

Cultural Competency

Being aware of the different cultures

Stereotyping

Fixed image or notion help in common by members of a group

Racism

Acting upon bias of one's race

o Race: color of skin

o Ethnicity: heritage and DNA

Cultural Preference

Having a bias to one culture over another

Discrimination

Unjust treatment of others for their differences/attributes

Ethnocentrism

Seeing the world through their own cultural perspective

Diversity

Coming to terms with own attitudes, beliefs, and experiences about others and gaining

comfort with difference

How do agency policies affect individual decision-making processes?

Limits & prioritizes your decisions

o Ministerial (must do) or discretionary

Role of agency policies and their application to agency and officer application

- Policies set forth employer expectations of you

- Set forth the standard of performance and excellence

- Protect you from liability

Policy

A statement of what is to be done in relation to a particular issue.

Procedure

Detailed descriptions of how policies are to be accomplished.

- Step-by-step

Purpose of 4th Amendment

- Right of the people to be secure in their person, houses, papers and effects

- Right against unreasonable searches and seizures

- No warrants issued without probable cause

- Warrants must describe the place to be searched and the people or things to be seized

Sanctions of 4th Amendment

- Civil actions

- Illegally obtained evidence can be excluded from court/thrown out in court

▪ Exclusionary rule

▪ Fruit of the poisonous tree

- Criminal charge filed

Purpose of the 5th Amendment

- No person shall be held to answer for capital, or otherwise infamous crime, unless on a

presentment or indictment of a Grand Jury

- Any person for the same offense twice put in jeopardy of life or limb

- Shall not be compelled to witness against themselves

- Shall not be deprived of life, liberty, or property without due process of law

- Private property shall not be taken for public use without just compensation

Sanctions of the 5th Amendment

- Civil actions

- Illegally obtained evidence can be excluded from court/thrown out in court

- Criminal charge filed

Consensual Stop

Person does not need to give any information - it is all on their terms

Terry Stop

- Must occur in a public place

- The officer must identify themselves

- Officer must have reasonable suspicion that there is, was, or is about to be a crime

committed

- The officer may demand the person's name, address, and explanation of conduct

▪ If the person politely declines to give information, causes no issues, and etc., the

officer CANNOT demand these

- The questioning must be in the same vicinity of the initial stop

▪ About 4 miles per case law

- Must be a reasonable length of time

▪ About 20 minutes

Traffic Stop

- Passengers and driver are seized

- Passengers and driver CANNOT leave or walk away

- You can request DL and proof of insurance from driver

- Can verify the driver's signature

- Can demand the driver and passengers to exit the vehicle for no particular reason

- You can look at the VIN to confirm it

- Can look anywhere in the vehicle under plain view

- You can as them any questions, even non-traffic related (but CANNOT extend stop)

- Can ask for consent to search for weapons

- Can request the passenger's IDs, however, they don't need to give it to you unless they are

suspected of criminal activity (supported by reasonable suspcion) to demand it

- You can investigate for a reasonable amount of time if it turns into suspicion of

something else (I.e. an OWI)

Have probable cause / warrant / arresting

- They MUST give you their name or it is obstruction

- Not free to leave

Justification and scope of a frisk after a Terry Stop

Justification: you or someone else is in DANGER of physical Injury

- Factors (paint the picture):

o Time of day

o Nature of underlying offense the officer is suspicious of

o Attitude and demeanor of subject

o Number of subjects as compared to officers

o State of intoxication of subject

o Whether the officer is lawfully placing the subject in close quarters such as a squad

Making an arrest without a warrant

Must have probable cause to arrest

o Exigent circumstances

o Consent

o Summons instead of a warrant

Making an arrest with a warrant

Warrant is probable cause

o Knock and Announce

Extent of force which may be used when conducting an arrest

- Whatever is deemed reasonable, but not excessive

- Enough to control the situation

Jurisdiction of a peace officer

The authority to act, arrest, or prosecute

- Statutory and geographic in nature

o Lines on a map, words in a book

- Exceptions: OWI, fresh (hot) pursuit, mutual aid (helping neighboring jurisdiction), arrest &

assistance

5th Amendment as related to confessions and statements

They shall not be compelled to witness against themselves

- Right to an attorney

- Right to remain silent

▪ DURING interrogation (post custody)

6th Amendment as related to confessions and statements

- Can have counsel in their DEFENSE (during trial)

- Statements that come after the charge must be voluntary after they waived their rights

Custody and questioning as it relates to Miranda Rights

- Read rights when in custody (not free to leave) → not for temporary detention

- Any questioning by law enforcement officer/agent

- If you have these elements: custody, crime, interrogation & law enforcement officer, then you

must Mirandize

When do Miranda Rights not apply?

- Public safety exception

- Routine booking questions

- Knock & talks (not in custody)

- CHIPS

- Witness statements

Methods in which a defendant can invoke the Miranda privilege

- Remain silent

- Requesting an attorney

- Must verbally say "I want my attorney" while interrogation is imminent

Limits on Further Questioning when Suspect Invokes Constitutional Rights

- Silence: Stop, wait two hours, reinitiate contact, re-Mirandize

- Attorney: Stop, release + 14 days, reinitiate contact, re-Mirandize

Differentiate between the Miranda rule and the 6th Amendment right to counsel

- 6th Amendment: applies after warrant has been issued or a complaint has been filed, or you have

been charged

- Miranda: post arrest, pre-charging (5th Amendment)

Describe the legal requirements for recording custodial interviews of juveniles and

adults

- Must be recorded (audio and visual) for juveniles

- Adults: must be recorded if felony

- Miranda must be read for both

Civil Law

Regulate disputes between private parties, usually ending in a monetary fine.

o Jurisdiction:

▪ State: individual sues another individual or company

▪ Federal: Individual sues a corporation for over $75,000.00

o Level of proof: preponderance of the evidence

Criminal Law

Regulate crimes, or wrongs committed against the government. Involve action that

is considered to be harmful to society as a whole.

o Level of proof: beyond a reasonable doubt

o Punishable by fine, imprisonment, or both.

Parties to a crime

"Whoever is concerned in the commission of a crime is a principal and may

be charged with and convicted of the commission of the crime although the person did not

directly commit it and although the person who directly committed it has not been convicted or

has been convicted of some other degree of the crime or of some other crime based on the same

act"

Defendant

The person/company being charged with the crime

Victim

The person whom the crime has been committed against