Police Chapter 13

Crime

Crime

Any act that gov has declared to be contrary to public good, thats declared by statute to be a crime, + thats prosecuted in crim proceedings

In some jurisdictions, crimes only include felonies and/or misdemeanors

How is Crime Reported?

1. Uniform Crime Reports (UCR)

2. National Crime Victimization Survey (NCVS)

Uniform Crime Reports (UCR)

Yearly collection of aggregate crime stats prepped by the FBI based on citizen reports to police

Called index crimes

National Crime Victimization Survey (NCVS)

National Institution of Justice survey of a random sample of US households asking them if a crime was committed against anyone in the household during the prior 6 months

Malum In Se

An act thats “wrong in itself”

Illegal in nature based on English common law + bc it violates the natural, moral, or public principles of a civilized society

Malum Prohibita

A “wrong due to being prohibited”

An act thats made a crime by statute

Judicial Review

Process by which action of police in areas like arrests, search + seizures, + custodial interrogations are reviewed by courts to ensure Constitutionality

Exclusionary Rule

An interpretation of the Constitution by SCOTUS that holds that evidence seized in violation of Constitution cannot be used in court against defendant

First used in Weeks v US (officers searched home of arrested person without warrant + got evidence)

Silver Platter Doctrine

Legal tactic that allowed fed prosecutors to use evidence obtained by state police through unreasonable search + seizure

Fed prosecutors can used “tainted” evidence obtained improperly by state officers

Arrest

Initial taking into custody of a person by law enforcement authorities to answer for a crim offense or violation of code or ordinance

Probable Cause

Evidence/info that may lead a reasonable person to believe that a crime has been committed + that a certain person committed it

LESS than beyond a reasonable doubt

MORE than reasonable suspicion

Reasonable Suspicion

The standard of proof needed to stop + frisk

Reasonable Force

The amount of force an officer can use when making an arrest

Traffic Stop Steps

1. Greet + Show ID

2. State Violation

3. Ask driver for ID

4. State an action before taking

5. Take stated action

6. Explain what violator must do

7. Leave

Search + Seizure

Legal concept relating to the search for + confiscation of evidence by police

Castle Doctrine

Reflects English common law practice that a person’s home is their castle

Codified in 4th Amendment

Search Warrant

A written order, based on probable cause + signed by judge authorizing + directing police to search a specific person, place, or property to get evidence

Then, police have to bring property to court

Exigent Circumstances

1 of the major exceptions to warrant req of the 4th Amendment

Exigency = Emergency

Stop + Frisk

The detaining of a person by law enforcement for the purpose of investigation, accompanied by a superficial examination of the person’s body surface or clothing to discover objects relating to crim activity

Field Interrogation

Unplanned questioning of an individual who has aroused suspicions of officer

Terry Stop

Standard for allowing cops to perform stop + frisk

SCOTUS in Terry v Ohio

Plain View Evidence

Evidence seized by police w/o a warrant who have the right to be in a position to observe it

Unconcealed evidence inadvertently seen by an officer engaged in lawful activity

Crime Scene

Location where crime occurred

Carroll Doctrine

Legal doctrine that automobiles have less 4th Amendment protection than other places; With probable cause that there is concealed contraband in vehicle, officer can search without warrant

SCOTUS in Carroll v US

Custodial Interrogation

In questioning of a person in police custody regarding their participation in crime

3rd Degree

The pattern of brutality + violence used by police to obtain confessions by suspects

Miranda Rule

Rule est in Miranda v US that req police to advise suspects confronting custodial interrogation of their Constitutional rights

Miranda Warnings

Habeas Corpus

A writ requiring that an arrested person be brought before a court to determine whether they have been detained lawfully

Lineup

Police identification procedure involving the placing of a suspect with a group of other ppl of similar physical characteristics so a witness/victim can identity perp of crime

Suspect placed with group of other similar ppl (AFTER ARREST)

Showup

Police identification process involving bringing a suspect back to crime scene or another place (like hospital where injured victim is) where suspect can possibly be seen + identified by victim/witness

Bringing suspect back to the scene + possibly identified by victim (AFTER SEARCH + SEIZURE)

Photo Array

Police identified procedure like lineup, but photos of suspect (whos not in custody) + others shown to witness/victim

Photos of suspects (NOT IN CUSTODY) used prior to arrest

Bill of Rights

First five Amendments of the Constitution; Address freedoms or rights within cj system

Extended to the states through the due process clause of 14th Amendment

Due Process

Protects all US citizens against any state depriving them of life, liberty, or property except for the legal processes guaranteed by Constitution

1st Amendment

Freedom of religion, speech, assembly

4th Amendment

Searches + Seizures

5th Amendment

Indictment/grand jury, double jeopardy, self incrimination, due process, eminent domain

Eminent Domain

Taking of private property without just compensation

5th Amendment

6th Amendment

Right to speedy trial, impartial jury, to be informed, assistance of counsel, right to confront

8th Amendment

No excessive bail/fines or cruel/unusual punishment inflicted

14th Amendment

No state shall abridge the privileges or immunities, no state shall deprive any person without due process of law

Weeks v US

Created exclusionary rule; Feds cannot search without warrant, otherwise that evidence is not admissible in court

Rochin v California

Pumped defendant’s stomach + used the drugs found as evidence without a warrant

Suppressed confessions or coerced confessions unreliable

Mapp v Ohio

Cannot use illegally siezed evidence in crim trials

General Rule for Searches

Get a search warrant prior to any search + seizure

But many exceptions

Chimel v California

Created arms reach doctrine

Arms Reach Doctrine

Can search defendant + area immediately around defendant for purpose of preventing injury to officer + destruction of evidence

Other Exceptions to Warrant Req

• Prevent Escape

• Prevent harm to others

• Prevent destruction of evidence

• Hot pursuit

• Render aid

• ORAL permission (not nod of head) thats VOLUNTARY

Brown v Mississippi

Cannot use brutality or violence to obtain confessions from suspects

Miranda v Arizona

Person in police custody + about to be interrogated must be advised of their Constitutional rights

How often is the exclusionary rule applied?

Less than 1% of all cases

Nix v Williams

Created inevitable discovery

Williams killed a girl + raped her, officers went to go pick him up + started talking to him abt how girl would never get a proper burial, Williams showed where the body was (the body was not even buried, it was exposed)

Inevitable Discovery

Evidence that would have been discovered remains admissible (even if found illegally)

Dickerson v US

Congress may not overrule SCOTUS decisions that interpret + apply the Constitution but they can modify rules and procedures not required by Constitution

3 Forms of Eyewitness Identification

1. Showups

2. Lineups

3. Photo Arrays

What do most crimes require?

1. Actus Reus (Act)

2. Mens Rea (Intent)

Strict Liability

Liability for which mens rea does not have to be proven in relation to the actus reus; Typically used for criminal law

So defendants will be convicted even if they were genuinely ignorant of one or more factors that make actions a crime

Ex. Drunk driving, manslaughter, statutory rape, parking offenses

Fruits of the Poisonous Tree

Any evidence that results from an illegal search cannot be used in criminal proceedings

When can arrests be made?

• For any crime committed in an officer’s prescense

• For a felony not committed in officer’s prescense if probable cause exists

• Under the authority of an arrest warrant

Deadly Force

Sufficient force to cause death

Reasonable Force

Amount of force necessary to overcome resistance by the person being arrested by the officer

Traffic Stops

Allowed if based on reasonable suspicion that a crime has been committed OR that a traffic violation occurred

When are roadblocks allowed?

As long as all citizens are subject to the stop OR a pattern is established thats in uniform

Carroll v US

Warrantless search is justified based on the mobile nature of the car

Carroll Doctrine

Good Faith Exception

Exception to the exclusionary rule in which police act in good faith on a search warrant that is later ruled faulty or found to be unsupported by probable cause

What are the actual Miranda rights?

1. Right to remain silent

2. Anything they say can/will be used against them in court

3. Right to lawyer or have one present during questioning

4. If they cannot afford a lawyer, one will be provided for free