Chapter 3: Law Enforcement and the Law

A person wants an attorney they are allowed one even if they cannot afford one, one will be given to them

Counsel

The process that an officer or agent goes through to gather evidence or find the criminal/suspect of a crime

Lineup or the investigation

Felonies and Misdemeanors

Primary Categories

Criminal Law:

Refers to laws that are instilled to punish individuals who have committed crimes.

Constitutional Law

These refer to the rights and power that were given by the Constitution

Civil Law:

Laws concerned with private individuals and individuals’ rights and responsibilities.

Civil Rights:

Rights are protected and given by the constitution.

Civil Liberties:

Freedoms guaranteed by the Consitution

Equity:

Recognizing that circumstances are different for each crime and it is better to follow the underlying principle of the law rather than what the law says word for word.

First 10 Constitutional Amendments AKA Bill of Rights:

Grants more personal rights.

Order of Authority:

It was established to reduce conflicts between state, federal, and local laws.

Case Law:

Using prior laws made through previous cases to reach a decision on a current case.

Penal Codes:

A set of codes or statutes about criminal offenses. They are usually different based on state.

Judicial Review:

Judicial Review: This is the power given to the judicial branch that states they can overturn any legislation that does not follow the constitution.

Probable Cause:

A reasonable belief that someone is guilty of committing a crime.

Reasonable Suspicion:

Reasonable Suspicion: Justified suspicion someone is involved in a crime.

The preponderance of Evidence

The level of proof must be more probable towards one side, this is usually used in civil cases.

Clear and Convincing Evidence

: Evidence that must be highly probable to show the allegation is true.

Establishment of Religion Clause:

State and religion must be separate

Free Exercise of Religion Clause

Everyone has the right to practice their religious practices as long as they do not harm others or break any laws.

Pure Speech

Words that are not supported by action are protected

Symbolic Speech:

Expression through objects such as signs, flags, or buttons.

Texas v. Johnson:

Established that freedom of speech is not completely protected all the time but a “compelling government interest” must be shown before it can be restricted.

Schenck v. United States:

Established that expression can only be restricted if there is a clear and present danger.

Clear and Present Danger Doctrine

: An expression can only be restricted if it causes other danger or can result in danger to others.

Fighting Words:

Speech that may result in a fight or violence is not protected by the Consitution because they result in danger.

Speech-Plus-Conduct:

This refers to boycotting, demonstrations, or picketing

New York Times v. United States

: No laws can be made to restrict the press even by stating national security.

Massachusetts Bartley-Fox Laws

: One year of jail time if someone carries a gun without a permit

Project Exile

: It was created to control guns. The US attorney’s office reviewed all gun-related cases and later tried in federal court for longer sentences.

Concealed-Carry Handgun Status

: People are allowed to have a gun hidden in their possession only if they have a permit.

Shall Issue Status

: List of statutes that a person must meet in order to obtain a permit for their gun.

Open Carry Laws

: The permit allows people to carry a gun in public without needing to conceal it.

Warrant

: A document giving law enforcement permission to search an area for evidence. To obtain this the officer must have probable cause.

Probable Cause

: Officers must be able to give evidence that leads them to the belief they suspect someone of a crime.

Plain View

: When a crime occurs directly in front of an officer they can be arrested without a warrant.

Reasonable Suspicion

: Officers need to have a justified suspicion meaning any reasonable officer would believe the same to stop someone.

Frisk

: If the situation calls for it an officer may search the outside of a person’s clothing for any concealed weapons.

Wiretapping or Electronic surveillance

: Officers must have a warrant for this as well because a phone is counted as an individual’s private property.

Exclusionary Rule

: Any evidence no matter its value will not be admissible in court if it was obtained unlawfully.

Cyber Crime

: Crimes that occur via the internet

Due Process

: Provides protection for criminals in the criminal justice system (ex: doubly jeopardy, self-incrimination, unfair trial, etc.)

Substantive

: Protection against unfair laws

Procedural

: Protection against unfair application or in the procedures of law.

Double Jeopardy

: Someone cannot be tried twice for the same crime if they have already been proven innocent the first time.

Self-Incrimination

: One does not have to say anything that may prove their guilt.

Miranda v. Arizona

: Suspects must be warned of their rights as a criminal before they are interrogated by officers

Brown v. Mississippi

: Criminals cannot be coerced into a confession if they want to have counsel present

Schember v. California

: Decided that testing a driver’s blood alcohol even if they refuse is not illegal because of implied consent because they have their driver’s licenses and when getting a license you give consent to the DMV/Officers.

Berghuis v. Thompkins

: In order to remain silent a suspect must state that they explicitly invoke their right to remain silent.

Speedy trial

: If a person wants to have their trial quickly they are allowed

Trial by jury

: A person can have their trial take place with a jury of their peers

Public trial:

A person can decide whether they want others to be at their trial or not

Public trial:

A person wants an attorney they are allowed one even if they cannot afford one, one will be given to them.

Critical stage:

This refers to the stage when an attorney would be recommended/necessary. It has been decided that this stage would be when a person is losing or waiving their rights.

Powell v. Alabama:

The idea of the critical stage was applied to the capital case

Gideon v. Wainwright:

The critical stage was applied to felony cases

Argesinger v. Hamlin:

Applied to cases that may result in 6 months or more imprisonment

Douglas v. California

The critical stage was applied to the appeals process

Escobedo v. Illinois

The case when it was decided the critical stage was applied to the lineup

Lineup or the investigation:

The process that an officer or agent goes through to gather evidence or find the criminal/suspect of a crime.

Bail:

The amount of money the defendant must pay in order to get out of jail or go back to be retried

Stack v. Boyle:

Decided that people who aren’t arrested for capital offenses are entitled to have bail.

United v. Salerno:

Decided that the eight amendment does not state there must be a bail present only that it should be there.

Cruel and Unusual Punishment:

The type of punishment given to the criminals cannot be hurtful to them painful and they cannot be strange.

Estelle v. Gamble:

Defendants are entitled to medical treatment and they cannot be discriminated against.

Furman v. Georgia:

The death penalty was deemed not legal according to the eight amendments in this case

Gregg v. Georgia:

The death penalty was brought back after the court added many requirements for a person to receive this punishment.

Statutory Law

A written law passed by legislation

Substantive Law:

Defines the specifics of the crime committed and the proper punishment that should be associated with it.

Procedural Law:

Specifies the punishment and how the crime should be dealt with in general without violating anyone's rights.

Rule of Law:

Everyone must follow the laws no matter who they are.

Stare Decisis:

The court must respect the rules/laws established by any similar cases from the past.

Felonies:

Serious crimes that could get the defendant up to a year or more in prison

Misdemeanors:

Minor crimes that would have a small fee or a small amount of confinement time

Violations:

Crimes that are so small that they usually will not be counted as criminal law and they most likely will only be a fine that needs to be paid.

Actus Reus:

A violation of a statuary law

Mens Rea:

The crime was committed intentionally

Intention:

This does not refer to the motive behind committing the crime but what the criminal wanted their actions to result in.

Corpus Delicti:

Evidence that a crime occurred

Inchoate Offenses:

Crimes that have not been finished or an incomplete crime

Motive:

The reason the crime occurred or the reason the crime was committed

Purpose:

The crime was committed with a clear intention of a certain result

Knowingly

Acting while knowing their actions will cause the particular result

Recklessly:

A person consciously disregarded any risk they are taking

Negligently:

A person disregarded the risk of harm to them and others

Concurrence:

An act and intent must have happened at the same time for there to be a crime.

Causation of Harm

A legal connection must be present between the act and the harm

Defenses:

The argument the accused makes during their trial

Reasonable Doubt:

Stating one or more necessary elements of a crime were not there

Excuses:

Pleading guilty but stating there was a condition/reason the crime occurred.

Justification:

Saying the act committed happened but any reasonable person would have done the same (self-defense)

Torts:

Violation of duty

The preponderance of the evidence:

The evidence must favor the side that complained (only applied to civil cases)

Nolo Conterndere:

Accepting a punishment but without pleading guilty although the proceedings would be handled similarly to a guilty plea.

Civil Rights Act of 1871:

Stated that if a law enforcement agent or officer violated anyone's constitutional rights then a lawsuit can be filed.

Monroe v. Pape:

With this decision, people can sue officers as if they are under government authority. Previously, it was if an officer violated someone’s rights it was said to be done not under government authority.