Criminal Justice Exam 2

Police Discretion

personal decision making and choice of an officer

ex: crime severity, race, age, fame, or law factors

use of force

prevention of a felon fleeing when the officer deems the felon a threat to others or direct threat to the officer

Reasons for seeing deadly use of force now

1. police carry firearms

2. improper training

3. offender has a weapon

4. racism

qualified immunity

limits the ability for victims to hold police accountable for violating their civil rights

to prove violation of civil rights

1. what they did was unlawful

2. the officer knew they were violating 'clearly established law' bc of a prior case ruling

Miranda Rights

1. right to remain silent

2. anything you say can and will be used against you

3. you have the right to an attorney if you cannot afford one, one will be appointed to you

4. if you answer questions now w/o a lawyer you still have the right to stop

5.waivers

person of interest

has information relevant to the case (not a suspect yet)

inevitable discovery exception to miranda

when evidence or the body would have been inevitably discovered even without the confession prior to Miranda rights stated

4th amendment

persons are secure in their homes and in their persons from unreasonable search + seizure

fruit of the poisonous tree doctrine

excludes the introduction of evidence at trial that was obtained from an illegal search and seizure

search/arrest warrant

court order the authorizes an arrest, search, and/or seizure

search warrant

obtained through a judge due to probable cause with the specific location and items being seized

search incident to arrest

warrentless search of body while making an arrest

vehicle searches

allowed if based on probable cause and the 'fleeting targets exception'.

if you give permission to the search they may look in your trunk and locked glove box as well

consent search

you volunteer to a warrentless search

plain view

Suspicious objects seen in plain view can be seized without a warrant

stop and frisk

A police tactic that allows police officers to stop, question, and search citizens under a set of narrowly defined circumstances or "reasonable suspicion"

emergency searches

can occur if there is clear danger to life or removal or destruction of evidence

Protect and Serve

the police are not leagally bound to protect or serve citizens

Special relationship/"The 4 point test"

1. you say 'i need your help'

2. police say ' okay we will protect you'

3. the police have to be aware that if they don't do anything that you will suffer

4. you have to believe that the police will protect you

live police lineups

potential offender with others who resemble them

picture line up

1. sequential - one photo shown at a time

2. simultaneous - all shown at the same time

Court of limited jurisdiction

lower courts that handle minor offenses (traffic tickets, prostituion, public intoxication, and disorderly conduct), juvenile courts, and orphan courts (money)

has no jury

courts of general jurisdiction

major trial courts that deal with serious crimes, have juries, and impose sentences

intermediate appeal courts

hear appeals from all criminal cases when properly filed. To look for legal mistakes from the trial court

Decisions are final usually

Courts of appellate jurisdiction

state supreme courts

chooses their docket

hears cases important to civil rights/due process matters and capital cases (death row)

U.S. District Court

federal trial courts

cases where they violate federal law, transportation across state lines, national security, and selective service violations

U.S. court of appeals (intermediate)

federal appellate for the U.S. district court

13 regional circuts

U.S. supreme court

highest court in the US

has 9 justices

- nominated by the president, confirmed by the senate

can be original jurisdiction (trial) or selection of cases (appeals court)

supreme court process

1. must file legal petition

2. clerk reviews for proper filing and payments

3. court issues a writ of ceritorari

- lower courts must provide everything from the trial

- cases randomly assigned to judge

- clerk reviews, makes recommendation to judge

-rule of 4

-submit your brief and may submit a curaie

Rule of 4

4 judges must decide the case has merit

amicus curiae

friend of the court brief

Kinds of Supreme court opinions

1. majority opinion

2. dissenting opinion (don't agree)

3. concurring opinion (agree for different reasons)

Supreme court decisions

may 'affirm' the lower court's decision

-case ends

may 'remand'/'reverse' and send the case back to the lower court

procedural law

specifies how the criminal justice system is allowed to deal with people who break the law or are accused of breaking the law

racial profiling

suspicion of illegal activity based on a person's race or national origin rather than on the actual illegal activity or evidence

search

an investigation of an area or person by the police to look for evidence of criminal activity

trespass doctrine

what constitutes a search as a physical intrusion into a constitutionally protected area

privacy doctrine

replaced the trespass doctrine. People are protected from government intrusion whenever they have an exception of privacy that society recognizes as reasonable

probable cause

a reason based on known facts to think that the law has been broken or that a property is connected to a criminal offense

open-fields doctrine

privacy doesn't extend to open fields even when privately owned

grabbable area

the area under the control of an individual during an arrest in a car

seizures

the collecting by police of potential evidence in a criminal case

actual-seizure stop

the police physically restrain a person and restrict their freedom

show-of-authority stop

officers showing their authority (badge flash) and the suspect submits

reasonable stop standard

a measure that considers constitutionally whether a reasonable person would feel free to terminate an encounter with law enforcement

To arrest someone at home

1. the offense should be a felony

2. the police must knock and announce

3. the arrest should be made in the daylight

4. the police must meet a stringent probable-cause requirement that the suspect is at home

the constitutional rights to be respected

5th - self-incrimination clause

6th - right to counsel clause

14th - due process clause

strategies to evaluate use of force by police

training, identify problem-prone officers, ethics education

Posse comitatus

"The power or force of the country. The entire population of a country above the age of 15, which a sheriff may summon to his assistance in certain cases as to aid him in keeping the peace, in pursuing and arresting felons, etc."

SWAT use

crowd control, high ground and perimeter security, rescuing hostages, peaceful apprehension, control-assualt firepower in some non-riot situations, rescuing officers or citizens from gunfire, neutralizing terrorist operations

Key elemets of policemans working personality

1. symbolic assailant

2. danger

3. social isolation

4. solidarity

police corruption

1. taking bribes

2. using drugs

3. buying or selling narcotics

4. appropriating seized property

5. conducting illegal searches and seizures

6. protecting informants

7. using violence

policeman's working personality

the mindset of police who must deal with danger, authority, isolation, and suspicion while appearing to be efficient

double marginality

the multiple outsider status of women and minority police officers as a result of being treated differently by their fellow officers

docket

a schedule of cases in a court

adversarial process

the manner in which U.S. criminal trial courts operate; a system that requires two sides, a prosecution and a defense

bench trial

a trial where the defendant waives the right to a jury trial and instead agrees to a trial in which the judge hears and decides the case

inquest

considered the first type of jury that determined the ownership of land. Now its a type of investigation

Assize of Clarendon

12th century English law that established judicial procedure and the grand jury system

charge

formal statement of the criminal offense the defendant is accused of

trial by ordeal

an ancient custom in which the accused was required to perform a test that appealed to divine authority to prove guilt or innocence

court of the star chamber

an old english court comprising the king's councilors that was separate from common law courts

Bill of Rights

first 10 amendments to the U.S. Constitution guaranteeing fundamental rights and privileges to citizens

Jurisdiction

the authority of the court to hear certain cases

subject matter jurisdiction

the authority of a court to hear a case based on the nature of the case

geographic jurisdiction

the authority of a court to hear a case based on the location of the offense

circuit court

a court that holds sessions at intervals within different areas of a judicial district

hierarchical jurisdiction

the authority of a court to hear a case based on where the case is located in the system

what federal courts hear

1. cases where the US government or one of its officer is a party

2. violations of the federal law or constitution

3. between residents of different states if the dollar amount is above $75,000

4. involving bankruptcy, copyright, patent, and maritime law

racketeering

a federal crime that involves patters of illegal activity carried out by organized groups that run illegal business or break the law in other organized ways

writ of certiorari

an order from a superior court calling up for review the record of a case from a lower court

state courts

general courts and special courts funded and run by each state

lower courts

sometimes called inferior courts

These courts receive their authority and resources from local county and municipal governments

Community Courts

Drug courts

conflict-resolution programs

family courts

magistrate courts

courtroom work group

the judges, prosecutors, defense attorneys, clerks and bailiffs who work together to move cases through the court system and whose interaction determines the outcome of criminal cases

discretion

the power of a criminal justice official to make decisions on issues within legal guidelines

disposition

the final determination of a case or other matter by a court or other judicial entity

activities of a prosecutor

1. fighting

2. negotiating

3. drafting

4. counseling

5. administering

plea-bargained

a compromise reached by the defendant, the defendant's attorney, and the prosecutor in which the defendant agrees to plead guilty or no contest in return for a reduction of the charges severity, dismissal of some charges, further info about the offense or about others involved, or the prosecutors agreement to recommend a desired sentence

going rate

describes how similar cases have been settled by a given set of judges, prosecutors, and attorneys

U.S. solicitor general

the person who determines which cases the federal government will send to the U.S. Supreme Court for review and the positions the government will take before the court

criminal division

part of the U.S. department of justice, the criminal division develops, enforces, and supervises the application of all federal criminal laws except those assigned to other divisions

U.S. attorneys

The principal litigators of the United States who conduct most of the trial work in which the United States is a party. They prosecute criminal cases brought by the federal government; prosecute and defend civil cases in which the United States is a party; and collect certain types of debts owed to the federal government.

normal crimes

routine cases that are considered in the context of how the court handled similar offenses

Three categories of the system

assigned counsel

contract system

public defender

Judges Role

signing search warrants

informing defendants of charges

appointing counsel

setting bail

taking a plea

ruling on motions

participating in or ruling on plea bargaining

presiding at trial

sentencing

Merit Selection/Missouri Bar Plan

judicial nominating commission comprising of lawyers and laypeople presents a short list of qualified candidates to the governor, who makes the final decision

bailiff

court officer responsible for executing writs and processes, making arrests, and keeping order in the court

clerk of the court

the primary administrative officer of each court who manages non-judicial functions

court reporter

a court officer who records and transcribes an official verbatim record of the court's legal proceedings

court administrator

an officer responsible for the mechanical necessities of the court, like scheduling courtrooms, managing case flow, administering personnel, procuring furniture, and preparing budgets

probation officer

- interview offenders and write pre-sentence investigation reports where the officers review the case and make sentencing recommendations to the judge

- supervises offenders who are placed on probation to ensure they are following the judges orders and no breaking anymore laws

bail agents

An employee of a private, for-profit company that provides money for suspects to be released from jail. Also called a bondsman.

victim impact statements

an account given by a victim, their family or others who were affected by the offense. talk about the effects of the offense economically, physically, through injuries, or major life changes

child advocate

an officer appointed by the court to protect the interests of the child and to act as a liaison among the child, their family, the court, and any other agency involved

programs to help victims

crisis intervention

follow-up counseling

personal advocacy

employer and landlord intervention

property return

intimidation protection

court orientation

Police Roles

1. enforce the law

2. facilitate traffic

3. patrol

4. maintain order

5. investigate crime

time in rank system

to advance, you must serve for years in a rank to be promoted

Pros: promote stability and fairness, rank can rarely be taken away

cons: cannot accelerate a talented person and only promotion from within not the civilian sector

What does the FBI investigate?

Federal offenses, white collar crime, terrorism, and child abductions