crj 160 q2

Prejudice

Making a claim of a crime (aka he committed it because he’s poor) before the evidence has been shared.

9/11

Terrorist attack in the U.S, soldiered by Osama Bin Laden

Classical school of criminology

• criminal behaviour is rational, and most people have potential to engage in behaviour

• People choose to commit crime after cost-benefit analysis

• Fear of punishment keeps people law-abiding

• Punishment should fit crime rather than offender

• Criminal justice system should be predictable

Positivist school of criminology

• human behavior is controlled by physical, mental, and social factors - not free will

• Criminals are different from non criminals

• Science can be used to study offender

• Focus on rehabilitation of “sick” offender

• Punishment should fit the offender rather than the crime

Moral poverty

a lack of moral guidance, positive role models, or healthy environments, often linked to growing up in chaotic, abusive, or crime-ridden settings

Economic poverty

Insufficient financial resources to meet basic needs like food, housing, healthcare, and education

Broken windows syndrome

A house in a neighbourhood with graffiti and broken windows, will eventually have the whole neighbourhood the same way

• do not overlook the little crimes, they are beginning of big crimes

• Lots of critics due to heavy police presence and arresting of big and small crimes

Quantified factors of high crime rate (Macon-Bibb county)

• high teenage pregnancy rate

• No fatherly figure (boys w/o find role models elsewhere - gang, jail, etc.)

• High illiteracy rate (3rd grade level)

• High dropout rate

What positions/roles come from English/Colonial roots?

• sheriff

• Constable

• Coroner

• Justice of the peace

What is the role of the sheriff?

comes from “shire” and “reeve”; focuses on rural crime control

What is the role of the constable?

No longer exists in America; used to pursue felons.

What is the role of the coroner?

Determining the cause of deaths by violence; serves as sheriff when elected sheriff is disabled or disqualified

What is the role of the justice of peace?

Grant bails, limited jurisdiction in criminal and civil cases

Political era of policing

Politics controlled all, hiring based on patronage, lots of corruption

Reform era of policing

Rejection of patronage, hiring based on merit, “professional” era

• police academies and crime labs

• Scientific method to solve crimes (fingerprinting)

• Police cars (due to larger area) with radios

Community era of policing

Attitude shifted to resolve community problems over locking up bad guys

• beat cops to meet neighbours/community

What are the main categories of federal law enforcement?

Dept. of Homeland Security (DHS) and Dept. of Justice (DOJ)

Organisation of DHS?

Secretary reports to the president, secretary must be confirmed by the senate; formed in response to 9/11

What agencies are in the DHS?

• citizenship and immigration services

• Customs and border protection (CBP)

• Immigration and customs enforcement (ICE)

• Secret service

• Transportation security administration (TSA)

• Coast guard

• Homeland security investigations (HSI)

• Cybersecurity and infrastructure security agency (CISA)

• And more (22 total)

Organisation of DOJ?

Attorney general appointed by president, US attorney appointed by president and confirmed by senate (prosecuting general)

What agencies are in the DOJ?

• federal bureau of investigation (FBI)

• Alcohol tobacco and firearms (ATF)

• Drug enforcement administration (DEA)

• US Marshalls service (USMS)

• Bureau of prisons (BOP)

What is the CIA and its importance?

Central Intelligence Agency; undercover operations around the world to manage crises and provide intelligence; independent agency

What is the IRS and it’s importance?

Internal Revenue Service; monitor and collect federal income taxes; only criminal investigation (CI) agency that can investigate potential criminal violations of internal revenue code (tax fraud, etc.)

What is INTERPOL and its importance?

International criminal police organisation; oldest, best-known, only truly international crime organisation; international drug trafficking, bank fraud, money laundering, and counterfeiting

What are the state agencies in GA?

GBI, GSP, municipal police department, sheriff

Who does the GBI respond to and what does it control?

the sheriff, usually about murder or aggravated assault

• runs GA state crime lab

What are the responsibilities of GSP?

Traffic enforcement (mainly highways)

What is the municipal police department and its divisions?

Local police department, headed by chief appointed by the mayor

• patrol devision, detectives, local crime lab

What is the sheriff and its statutory duties?

Elected by county (politician)

• court services, county jail, collect certain taxes, law enforcement (primary duty)

What are the roles of a police officer?

• crisis intervenor

• In-family fights

• Teenage rumbles

• Bar brawls

• Street corner altercations

• Racial disturbances

• Riots and similar disturbances

Quote about what police officers should have?

“The wisdom of Solomon, the courage of David, the patience of Job and leadership of Moses, the kindness of the Good Samaritan, the diplomacy of Lincoln, the tolerance of the Carpenter of Nazareth, and an intimate knowledge of every branch of the natural, biological and social sciences”

How are police officers trained?

• Go to academy training for operations (reports, patrol, investigations, etc.), weapons/defensive tactics (firearms, deescalation, etc.), self-improvement (ethics, health, etc.), and legal education (criminal/constitutional law, traffic law, etc.)

• field training officer, under veteran officer to transition from academy training (3 phases: introductory, training and evaluation, final phase - observation)

Four basic tasks of policing

1) enforce the laws

2) perform welfare tasks

3) prevent crime

4) protect the innocent

Three styles of policing

1) watchman (police as neighbour; overlook minor crimes to maintain order)

2) legalistic (police as soldier; higher arrest/ticket rate, purpose of law is to punish)

3) service (police as teacher; serve the community)

Perils of patrol

Police carry firearms because many people want to prevent them from doing their job (i.e. tackle, harm, etc.)

• The onion field murders: traffic stop turned to police nightmare - criminals forced police to drive to field after traffic stop and murdered one of them

Sources of stress for police officers

1) organisational and administrative (reports, supervisors, etc.)

2) criminal justice system (courts, prosecutors, parole board, etc.)

3) the public (someone will always be mad - family, victims)

4) intrinsic to police work (domestic violence, felonies, etc.)

What is the most stressful thing that happens to an officer?

Causing the death of another = gets taken off active duty, investigation/suspension

What is formality of a case?

Has to do with the way the law is written

What is reality of a case?

How the law is actually practiced

Types of police discretion?

Stern or lenient

Determinants of police discretion?

1) the law

2) officer’s attitude

3) citizen’s attitude

4) other

• victim preference, criminal record, strength of evidence, agency pressure, media influence, witness credibility, etc.

What case is a police officer ALWAYS required by law to arrest the primary offender?

Domestic violence cases

What happens to discretion as an officer’s rank increases?

Ability to employ discretion decreases with increase in rank

What is the role of the first forensic officer on the scene?

Secure the scene, protect from contamination, take photos of scene, fingerprints, ballistics, blood/biological material, surveillance?, cell phones, social media

What is corpus delicit?

“Body of the crime”; physical evidence of crime committed

What is modus operandi?

“Method of operation”; evidence showing means used by criminal to commit act

How can ballistics (shell casings) be beneficial to a forensic officer?

Can match bullet to type of weapon used, certain striations can be used to match specific gun, microscopic view of bullet can also be helpful

What is the CSI effect?

TV shows and movies have changed how juries/citizens think of forensic evidence - usually for the worst (unrealistic expectations)

What do detectives/investigators do after crime scene is processed?

Locate victims and witnesses, interview witnesses, evaluate crime lab reports, draft search warrants, prepare subpoenas for phone records (etc.), develop informants

How to brief a case?

What are the facts? What happening in the court below? What is the issue for the appellate court? What is the holding (decision)? What rule/doctrine does the court apply? Why is this case significant?

When is an officer authorised to use deadly force?

When they reasonably believe that someone is going to use deadly force on them

What does the fourth amendment apply to?

Unreasonable searches and seizures, warrants must be supported by probable cause

What is the use of force categorised as?

A seizure

Tennessee vs Garner

Facts: 15yr running and escaping after burglary, officer shot and killed him, family now suing officer

Issue: belief of violation of 4th amendment right and using unreasonable deadly force

Holding: violation of 4th amendment to use deadly force on nonviolent fleeing felon

Significance: first time Supreme Court said 4th amendment applies to police use of force

What is a 1983 action?

A civil action under federal statute, where family sues for violation of constitutional right, seeking monetary damages

Graham vs Connor

Facts: diabetic went to store and get juice, but left quickly cause of line → police officer felt it was suspicious and held him in cuffs

Issue: can officers be held liable under 4th amendment for excessive force, and what standard should be used?

Holding: use of force must be objectively reasonable in view of all the facts and circumstances - from perspective of reasonable officer on the scene (not hindsight)

Significance: outlined appropriate constitutional standard by which to judge excessive force claims

Reforms after Graham vs Connor decision?

Officers are required to use body cams, stop militarisation of police, dash cams in cop cars, DOJ insight and investigations of police shootings

Scott vs Harris

Facts: officer blocked Harris at speeding (73 in a 55), harris drove off initiating a chase → officer attempted to terminate shade by using a pit manoeuvre

Issue: can an officer place a fleeing motorist at risk of injury or death in order to stop them from fleeing and placing lives of others in danger

Holding: officer’s attempt to terminate high-speed chase that threatens lives of innocent bystanders does not violate 4th amendment rights

Significance: clarified when police are allowed to use deadly force in a police case

Mapp vs Ohio

Facts: Mapp was shown a supposed search warrant after refusal to consent to search, officers apprehended her and searched through her belongings → found nude drawings and charged her for possession of obscene material

Issue: should the evidence have been inadmissible in court, enforcing 4th amendment on 14th amendment due process

Holding: all evidence obtained in violation of federal constitution is inadmissible in court

Significance: ruling imposed the exclusionary rule upon the states

US vs Leon

Facts: police obtained search warrants for property and vehicles in drug trafficking investigation, later courts believed there was not probable cause for the warrants and that the 4th amendment exclusionary rule should apply

Issue: should 4th amendment exclusionary rule be applied to evidence gathered by officers acting in good-faith and later deemed to be invalid

Holding: 4th amendment exclusionary rule should not be applied to evidence obtained by officers acting in reasonable reliance to issued search warrants

Significance: created the good-faith exception to the exclusionary rule; allowing evidence to be shown in trial if it can be shown officers acted unaware of the violations

What rights do inmates have?

Right to a safe facility, adequate medical care

What happens if an officer injures an inmate (intentionally or unintentionally)?

Sheriff is required to provide medical care to the inmate; inmate can possibly sue

Deprivation of rights under color of law (federal crime prosecution)

Wilful action under color of law, deprivation of constitutional rights by reason of race, color, or alien status

Internal affairs investigation

When officer accused, internal affairs officer investigates and reports directly to the chief

Consent decree

If officer involved in holistic case of trampling the rights of the accused, department will get a consent of decree where judge monitors activity of department

What is civil liability?

Department is held responsible for causing harm, loss, or injury to another party, typically resulting in a duty to pay monetary damages; arises from non-criminal, private disputes—such as negligence, breach of contract, or defamation—aiming to compensate the victim rather than punish the offender

What was the original bill of rights?

Restrictions on federal government that protected individuals and states from the new national government

4th amendment

Right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Search warrants

Must be based on probable cause, on oath, describe particularly the place to be searched and the thing to be seized, neutral and detached magistrate must determine probable cause

What is remedy for violation of the 4th amendment?

The exclusionary rule

What is the exclusionary rule?

Evidence obtained in violation of the 4th amendment is excluded from the court

14th amendment

Nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws

Due process of law (clause)

Supreme Court applies original bill of rights to the states under the 14th amendment - “incorporation”

Terry vs Ohio

Facts: detective watched terry and chilton supposedly casing a store and meet up with a third man, Katz. Officer proceeded to stop and search them, revealing two revolvers

Issue: can a police officer conduct a stop and frisk based on reasonable suspicion

Holding: a police officer with reasonable suspicion may briefly stop an individual for questioning and perform a pat-down of the outer clothing if he fears for his safety

Significance: authorised police to conduct a “stop and frisk” or investigative detention

Warden vs Hayden

Facts: an armed robbery took place and Hayden entered a nearby house. Police asked the wife if they could search and she had no objections. They found Hayden, along with guns, ammunitions, and clothes of the suspect.

Issue: under the 4th amendment, is there a distinction between evidentiary materials and those that may validly be seized

Holding: distinction prohibiting seizure of items of only evidential value and allowing seizure of instrumentalities, fruits, or contraband is no longer accepted as being required by 4th amendment

Significance: a warrant is not required if probable cause and exigent circumstances exist; no distinction between types of evidence

Chimel vs California

Facts: police officers with an arrest warrant were let into the house by Chimel’s wife, where they waited to arrest him. Upon arrest they searched the house to see if they could find any evidence

Issue: can police officers search the area surrounding an arrestee incident to a lawful arrest

Holding: police may search within the immediate area of an arrestee, in order to discover weapons and prevent destruction of evidence

Significance: police may not only search a person when making an arrest but also surrounding area

Carroll vs US

Facts: prohibition agents patrolled along highways in and out of Detroit, observed the “Carroll boys” en route to Grand Rapids, knew they were bootleggers and pulled them over and searched the car, finding then banned alcoholic beverages

Issue: does the 4th amendment prohibit officers from conducting warrantless roadside searches of a vehicle when there exists probable cause

Holding: police are authorised to undertake warrantless roadside search if there is probable cause and belief of criminal activity

Significance: officers constitutionally authorised to undertake warrantless roadside search of a vehicle if the time to go through judicial branches will cause evidence to be long gone

South Dakota vs Opperman

Facts: Opperman’s car had previously been impounded, was again impounded and search conducted as usual. Found marijuana and charged with narcotics

Issue: do police inventory searches of impounded vehicles violate 4th amendment

Holding: a warrantless, suspicionless inventory search of an impounded vehicle does not violate the 4th amendment

Significance: first case to constitutionally sanction police inventory searches

Katz vs US

Facts: Katz indicted and convicted on federal charges for transmitting betting information across state lines by way of telephone. Evidence obtained by recording device in public pay phone

Issue: is a public telephone booth constitutionally protected from electronic eavesdropping by the 4th amendment

Holding: individuals who use a public telephone booth possess a reasonable expectation of privacy

Significance: overturned Olmstead vs US, broadens 4th amendment protective scope, set forth notion that conducting business in public does not mean there is no expectation of privacy

Commands of 4th amendment

Searches must be reasonable, require a warrant that must be supported by probable cause, issued by neutral and detached magistrate, describe with particularity (place to be searched and thing to be seized)

What is probable cause?

For an officer to make an arrest or conduct a search of someone’s person or effects, officer must have a reasonable basis to believe a crime has been or is about to be committed by that individual

• when facts and circumstances are sufficient to warrant a prudent man in believing that the suspect had committed a crime

What goes into probable cause?

More than bare suspicion, less than proof beyond a reasonable doubt, may be from victims, reliable informants, other investigators

What does a search warrant do?

Authorises officers to search for designated items, must provide supporting facts to show probable cause for each item named in the warrant, authorises search only for those items

Seven exceptions to search warrant requirement

search incident to arrest, vehicle searches, exigent circumstances/hot pursuit, consent, plain view, inventory, stop and frisk

search incident to arrest

with valid arrest, and only in immediate control (w/in grasp)

• chimel vs California

Vehicle searches

supported by probable cause to believe vehicle contains evidence of crime, based on mobility of vehicle (exigency)

• Carrol vs US

Exigent circumstances/hot pursuit

must have probable cause, narrow exception to cross threshold of a person’s home

• emergency to save live, risk of destruction of evidence

• Warden vs Hayden

Consent

4th amendment waived, must be voluntary (cannot be obtained by unlawful seizure)

• totality of the circumstances: youth of accused, lack of education, lack of advice of rights, length of detention, repeated/prolonged nature of questioning, depreciation of food/sleep

Plain view

police authorised to seize what is in plain view, IF already on the premises

• does not authorise warrantless entry

Inventory

probable cause not required to conduct administrative inventory/police department policy

• South Dakota vs opperman

Stop and frisk

“Terry doctrine”; court recognised lower standard of reasonable suspicion authorising officers to stop, detain, and ask questions; fear of safety allows officers to conduct an outer pat-down

• terry vs ohio

Can police stop a vehicle on reasonable suspicion?

Full blown search no authorised unless probable cause, if he finds probable cause can arrest offender, then search incident to arrest applies

5th amendment rights

Grand jury indictment, double jeopardy clause, self-incrimination, due process clause, takins clause (nothing taken without compensation)

6th amendment rights

Speedy trial, impartial jury, nature and cause of accusation, right to confront witnesses, compulsory process to obtain witness, assistance of counsel for defence

Gideon vs Wainwright

Facts: Gideon convicted for felony burglary, asked for a lawyer, Florida law said only capital crimes get an appointed lawyer, represented himself and pronounced guilty, at the time the judge was right not to appoint counsel

Issue: does the 6th amendment require that legal counsel be appointed to represent an indignant defendant in state felony prosecution

Holding: 6th amendment requires appointment of legal counsel to represent an indignant defendant facing prosecution on state felony

Significance: applied 6th amendment to state felony prosecutions, attorney must be provided free of charge for those who cannot afford one on their own means

Pre-Miranda decision rights

Confessions must be voluntary, not coerced; test = totality of the circumstances

Miranda vs Arizona

Facts: Miranda charged for kidnapping and sexual assault, police questioned him at the station house in custody (custodial interrogation), confessed in custody

Issue: must police inform suspect of dual constitution rights to legal representation and protection from self-incrimination during custodial interrogation

Holding: custodial interrogation is inherently coercive, therefore must read rights; incriminating statement obtained in violation of these rights are inadmissible in trial; use 5th amendment right against self incrimination to enforce 6th amendment right to counsel

Significance: police required during custodial interrogation to read a suspects Miranda rights

Miranda Warning rights

Remain silent, anything said can be used in court, lawyer during questioning, have free lawyer appointed, suspect may stop questioning at any time and request attorney

What is custody?

Restraint of freedom associated with formal arrest

Berkemer vs McCarty

Facts: McCarty’s vehicle operated erratically, officer did roadside questioning, driver made verbal statements about what he drank and smoked, was not read his Miranda warnings

Issue: was this custodial interrogation/require Miranda warnings to be given

Holding: if the traffic stop is valid, roadside questioning is NOT custodial, and therefore does not require Miranda warnings

Significance: officers do not need to read Miranda rights each and every time there is a lawful traffic stop