Criminal Justice 101 Exam 2

Henry Fielding

Appointed Magistrate
"Bow Street Runners" first English police force began

Sir Robert Peel

Established first Professional police force

Texas Rangers

Steve Austin
First organized territorial police agency

Department of Homeland Security

11 days after 9/11 first head of DHS was appointed
Purpose: keeps America safe, coordinate and unify homeland security efforts, strengthened homeland Security, protecting American citizens rights, enhancing public services, natural disaster assistance

Federal Bureau of Investigation History

1908- the FBI was established
1924- J Edgar Hoover appointed director of Bureau of Investigation
1935- officially named the FBI
1960- starts its reputation as crime fighting agency
2001- Robert Mueller takes over and begins to revamp the agency's image and make a push toward counter terrorism

Federal Bureau of Investigation Purpose

1) Uphold law through investigation of federal violations
2) Protect US from terrorism/foreign intelligence
3) Provide leadership and training and LE assistance
5 areas: Criminal LE, LE Services, Foreign counterintelligence, investigative and operational support

Alcohol, Tobacco, Firearms & Explosives (ATF)

Functions under the Department of Justice
originally formed to enforce prohibition
enforces tax laws that relate to the manufacture and sale of alcohol and tobacco
follow the policies of the Gun Control Act

Drug Enforcement Administration (DEA)

Formed in 1973
consolidate all other drug enforcement agencies
controls the use and distribution of narcotics and other dangerous drugs

US Marshalls

-under the direct authority of the Attorney General
-Oldest Law Enforcement Agency (1789)
-controls the use and distribution of narcotics and other dangerous drugs
-enforcement arm of the federal courts and has been responsible for protecting the federal judicial process

State Police Agencies

Late 19th/ early 20th centuries
Usually organized into 2 Models

Centralized*

Criminal investigations are combined w/ patrol of state highways

Decentralized

Separates traffic enforcement and investigation in 2 agencies

Local Level Agencies

-Municipal, Campus, Transit
-Most small town and county Sheriffs
-All incorporated municipalities can create own force
-some contract private firms for LE
-City Police
-Different jurisdictions/ responsibilities

Sheriff

-they are an elected official
in charge of the particular county in which they are elected
-3 primary responsibilities
provides LE services to the county, maintains the county jail, acts as an officer of the county courts

Private Policing* 160

work for corporations and secure private interests
feds also contract out private security
began around the mid 19th century for railroad companies
Pinkerton, Wells Fargo, Brinks

Purpose of Policing

-enforce/support the laws of society
-apprehend offenders
-investigate crimes
-prevent crimes
-preserve peace answer service related calls

Patrols

the foundation of police work: basically the daily functions and routines of any type of LE agency (24 hours a day)
5 functions- protect public safety, enforce the law, control traffic, conduct criminal investigations,interpret the law
(foot patrols- "on the beat") (motorized patrols)

Kansas City Experiment

preventative patrol and response time - discovered handicap is slow reporting not response time

Community Oriented Policing

Strategic: retains crime fighting goal but uses new enforcement methods (forensics and stings)
Problem oriented: view that crimes are caused by existing social conditions

Community Oriented Policing Critiques

effect is difficult to measure, citizen satisfaction is difficult to measure, definition of community is varying, little consensus about community problems, police wont accept nontraditional police work
lack of citizen involvement

Police Discretion

Police make policy about what law to enforce, how much to enforce, against whom, and when

Police Subculture

Police Personality- no one kind of personality is cut out for police work
Cynicism- train of that that the whole of society is bad
Stress- added stress of caring for a community as well as family, bills etc

Search and Seizure

4th amendment protections against unreasonable search and seizure, warrant, probable cause, search warrants, illegally seized items

Probable Cause

Facts/ circumstances that make a person believe a particular person committed a crime

Search Incident to Arrest

right to search person being arrested and area in immediate control (reasonable suspicion does not equal probable cause)
Chimal vs. California 1969

Stop and Frisk

Based on reasonable suspicion, officer safety, "Terry Frisk"

Vehicle Searches

mobility of vehicles, need to search
Warrant less search of car ok based on probable cause or consent (Carrol Doctrine) (reasonable suspicion can evolve into probabyle cause)

Warrantless Searches

search incident to lawful arrest
probable cause and inventory searches of vehicles

Fresh Pursuit

warrantless arrest ok in situation of chasing an escaping criminal or suspect

Roadblocks and Checkpoints

police can't detain or arrest w/o probable cause unelss community interests require temporary suspension of these liberties

Emergency Search of Person

emergency situation when officers must search based on a quick decision
save lives to prevent evidence destruction

Emergency Warrantless Search

When destruction of evidence is at issue: probable cause exists at time of search to believed concealed evidence is on person,probable cause to believe emergency threat of destruction of evidence exists,no prior opportunity to obtain a warrant

Emergency Search of Property

justification for emergency warrantless searches: danger to life; of escape;removal/destruct evidence. must show dire situation existed

Plain view doctrine

can begin investigations or confiscate evidence w/o warrant based on what was in plain view
objects in plain view when officer has a right to be in a position to have that view are subject to seizure and use as evidence

Exclusionary Rule

Weeks vs US
Mapp vs Ohio 1961 (made rule applicable to state level not just feds)
evidence illegally seized cant be used at trial (acts as control over police behaviors and focuses on officer failure to obtain warrant for searches or arrests, until the Weeks case warrants were not required.

Fruit of the Poisoned Tree Doctrine

Silverthorne Lumber Co. vs US (1920)
avoiding federal taxes
feds illegally seized tax books
court rules evidence derived from illegal source cant be used in court

Interrogation

Info gathering activity of police, direct questioning of suspects
begins when officers ask questions to elicit info about the crime in question
can include line ups, minimizing moral seriousness, casting blame

Banned Types of Interrogation

Physical Abuse (Brown v Mississippi 1936)
Coercion
Psychological Manipulation

Escobedo v Illinois 1964

right to counsel (escobedo repeatedly asked to see his lawyer)

Miranda v Arizona

must be warned Prior to questioning of rights, these rights are afforded during the entire interrogation, knowingly and intelligently waive rights

Miranda Rights

right to remain silent
anything you can say and will be used against you in a court of law
you have the right to consult w/ a lawyer and to have a lawyer present during any questioning
if you cannot afford a lawyer one will be appointed for you if you desire

Miranda Triggers

court requires Miranda in situations with both arrest and custodial interrogation
both needed before advised of rights requried- custody and interrogation
silence cant be used against a person

Non-Testimonial Evidence

show up
line up
generally physical and subject to search and seizure
dna, fingerprints
biological residue
ingested items (drugs)

Police Corruption

Abuse of authority for personal gain or organizational gain

Police Violence

Brutality
Use of Force
Deadly Use of Force
Mistreatment

Police Brutality

Use of excessive force: to arrest some one , to gain info, to establish authority/ presence
bad apples

Deadly Use of Force

Fleeing felon rule
"suicide by cop"

Tennesse v Garner 1985

only when a suspect is thought to represent a threat of injury/death to the officer or public may deadly force be used

Police use of force

pysical restraint by officer
authorized to amount of force that is reasonable/necessary given the circumstances
arrest; suspect under the influence
typically minor injuries

Non Lethal use of force

tasers, stop sticks, rubber pellets, pepper spray, baton, tear gas, nets

Terry V Ohio

the supreme court ruling that when a police officer observes unusual conduct and suspects a crime is about to be committed he may frisk a suspects outer clothing for dangerous weapons

Mapp v Ohio

The supreme court ruling that evidence obtained in violation of the fourth amendment must be excluded from use in the state as well as federal trials

Pinkerton National Detective Agency

founded in 1850 in a small Chicago office by a Scottish immigrant
they were hired to protect the railroads during the era of America's outlaw West