Intro to Criminal Justice

Ch. 5-8

The Abuse of Police Power

• George Floyd

• Breonna Taylor

• Freddie Gray

• Walter Scott

• Eric Garner

• Michael Brown

• beating of Rodney King by LAPD

US Constitution & Bill of Rights

• designed to protect citizens against abuses of police power

• in the 60s, the Warren Court focused on guaranteeing individual rights during criminal prosecution by holding the criminal justice system to strict procedural requirements

Checks and Balances

• Constitution provides for checks and balances among the legislative, judicial, and executive branches

• one branch is always held accountable to other branches

• no individual or agency can become too powerful

Due Process Requirements

• 4th, 5th, 6th, and 14th amendment

Areas where due process requirements are relevant to the police

• evidence and investigation (search and seizure)

• detention and arrest

• interrogation

Search adn Seizure

• 4th amendment protects against unreasonable searches and seizures

• “the right of the people to be secure”

The Exclusionary Rule

• evidence illegally seized by the police cannot be used in trial

• exclusionary rule acts as a control over police behavior

• Weeks v. US (1914) - first landmark case concerning search and seizure

Protective Searches

• most police searches are conducted w/o a warrant (warrantless searches)

• Chimel v California (1969)- warrantless search incident to arrest is limited to area in suspect’s immediate control

The Warren Court (1953-1969)

• before the 60s, Supreme Court rarely intruded into the overall operations of the criminal justice system

• Mapp v. Ohio (1961)- applied exclusionary rule to the states, started Warren court on a course that would guarantee recognition of individual rights

• warren court known as liberal or “progressive court”

The Burger Court (1969-1986)

• “greater good era”- emphasis on social order and communal safety

• criminal defendants had most of the responsibility of demonstrating that the police went beyond the law and the performance

The Rehnquist Court (1986-2005)

• the US showed strong swing toward conservatism and renewed concern with protecting the interests of those living within law

The Roberts Court (2005-Present)

• known for conservative nature

• court willing to change the law, gives little weight to precedent and stare decisis

• roberts court has been eroding the exclusionary rule

• Herring v US (2009)

• exclusionary rule may be used if only there is an intentional or reckless violations of 4th amendment rights or systematic police violations w regard to searches and seizure

Good Faith Exceptions to the Exclusionary Rule

• allows evidence seized on the basis of good faith, but later shown to be a mistake, to be used in court

• US v Leon; Massachusetts v Sheppard (1994)

• clear reversal of Warren Court philosophy

Probable Cause

• a set of facts that would induce a reasonable person to believe that a crime was committed

The Plain View Doctrine

• officers may seize evidence in plain view w/o a warrant if they are in a place where they have a legal right to be

• electronic evidence creates a special problem

Emergency Searches of Property and Emergency Entry

• emergency searches involve warrantless searches which are justified on the basis of some immediate and overriding need

• 3 threats provide justification

• clear danger to life

• clear danger of escape

• clear danger of the removal or destruction of evidence

• Exigent circumstances searches

Arrest

• act of taking someone into physical custody, to charge that person with a crime, delinquent act, or status offense

• a form of seizure under the 4th amendment

Detention

• a temporary detention for investigative purposes, based on reasonable suspicion

Searches Incident to Arrest

• a warrantless search of an arrested individual to ensure the safety of the officer

• Terry-type stop - brief stop and frisk based on reasonable suspicion

Reasonable suspicion

• belief that would justify an officer in making further inquiry or in conducting investigation

• sufficient for investigative detention but not arrest

Emergency Searches of Persons

• exigent circumstances exception

FBI guidelines for conducting searches

• probable cause at the time of the search to believe that evidence was concealed

• probable cause to believe an emergency threat of destruction of evidence existed

• no prior opportunity to obtain a warrant

• action was no greater than necessary

Fleeting- targets exception

• exception to the exclusionary rule that permits police to search a motor vehicle based on probable cause but w/o a warrant

• justified by the fact that vehicles are highly mobile and can leave police jurisdiction quickly

Michigan Dept of State Police v. Sitz (1990)

• highway sobriety checkpoints legal if essential to community welfare

US v. Martinez-Fuerte (1976)

• suspicionless seizures to intercept illegal aliens legal

Illinoise v. Lidster (2004)

• info-seeking highway roadblocks permissible

Suspicionless search

• a warrantless search conducted when a person is not suspected of a crime

People v. Deutsch (1996)

• California appellate court held that high tech searches may violate reasonable expectations of privacy

Kyollo v. US (2001)

• Supreme Court held high-tech searches may be presumptively unreasonable w/o a warrant

Informants

• informants may be paid to get away w/ crimes

• police may agree not to charge an offender if he or she will testify against others in a group

Two-pronged test

• the source of the informant’s info is clear

• the officer has reasonable belief that the informant is reliable

Police Interrogation

• information-gathering activity that involves direct questioning of suspects 

Inherent Coercion

• the tactics used by police interviewers that fall short of physical abuse but pressure the suspect to talk

• 5th amendment prohibits inherent coercion during interrogation

The Miranda Decision

• must advise suspects of their rights before questioning

• no evidence obtained as a result of an interrogation conducted w/o a rights advisement can be used against the suspect

• rights extended to illegal immigrants living in the US

Knowing waiver

• suspect must be advised of rights

• suspect must be in a condition to understand them

Intelligent waiver

• suspect must understand the consequences of not invoking rights

Exceptions to Miranda

• inevitable discovery

• public safety

Miranda triggers

• dual principles of custody and interrogation

• both are necessary before an advisement of rights is required

Questioning w/o Miranda rights can occur if

• the suspect is NOT in custody and probable cause is lacking

Non-testimonial Evidence

• generally physical evidence

Special category includes persons items within or part of a person’s body:

• ingested drugs, blood cells, DNA, fingerprints

Electronic Communications Privacy Act of 1986

• established the due process requirements police must meet to legally intercept wire connections

Telecommunications Act of 1996

• federal offense for anyone engaged in interstate or international communications to engage in communications that are obscene, lewd, indecent, with intent to annoy, abuse, threaten, or harass another person

Communications Decency Act (CDA)

• criminalized the transmissions of minors of “patently offensive” obscene materials over the internet or other computer telecommunications services

The USA Patriot Act of 2001

• easier for police to intercept many forms of electronic communications

• Patriot II (2005) extended or made permanent a # of provisions, including roving wiretap provision

Cybersecurity Info Sharing Act (CISA)

• designed to improve cybersecurity in the US by facilitating info sharing about cybersecurity threats

• easy sharing of internet traffic info between the US gov’t and technology and manufacturing companies

Latent evidence

• not readily visible to the unaided eye

Special characteristics of electronic evidence

• latent

• transcends national/state border

• fragile

• time-sensitive

Police subculture

• set of values, beliefs, and acceptable forms of behavior with which the police profession strives to imbue on new recruits

Police Culture

individual personal values+existing org, values = POLICE SUBCULTURE

Occupational deviance

• motivated by the desire for personal benefit

Grass eaters

• most common, involves minor illegitimate activity that occurs from time to time in the normal course of police work

Meat eaters

• more serious, involves actively seeking elicit opportunities

Slain officers

• likely to be good-natured and conservative in the use of physical force

Biological weapon

• a biological agent used to threaten human life

Common source of civil liability

• assault, battery, false imprisonment, and malicious prosecution

• supervisors maybe be object of civil suits

Biven’s action

• a civil suit brought against federal gov’t officials for denying the constitutional rights to others

Qualified immunity

• shields individual officers from constitutional lawsuits

• UNLESS their conduct was unreasonable in light of a clearly established law

Excessive use of force

• the phenomenon of force being used unacceptably, often on a department wide- basis

3 categories of “suicide by cop”

• direct confrontations

• disturbed interventions

• criminal interventions

Less- Lethal Weapons

• weapons that are designed to disable, capture, or immobilize a suspect

• not designed to kill

Accreditation

• credentialing process that provides recognized professional status

• Commission on Accreditation of Law Enforcement Agencies (CALEA)

Peace Officer Standards and Training (POST) Program

• the official program of a state or legislative jurisdiction that sets standards for the training of law enforcement officers

Federal Law Enforcement Agents

• train at the Federal Law Enforcement Training Center (FLETC) in Georgia

Police Training Officer (PTO) program

• alternative model for field training

• incorporates community policing and problem-solving principles

Dual court system

• federal and state

Jurisdiction

• the territory, subject matter, or people over which a court may exercise lawful authority

Original Jurisdiction

• lawful authority of a court to review a decision made by a lower court

Appellate Jurisiction

• lawful authority of a court to review a decision made by a lower court

NY state Field Code of 1848

• most states originally copied this model

• includes courts or limited jurisdiction

State Court Systems Today

• 3-tiered federal model included many local and specialized courts

• a centralized court structure w/ a clear hierarchy of trial and appellate courts

• consolidation of lower-level courts w/ overlapping jurisdictions

• centralized state court authority

State Trial Courts

• conducts arraignments, sets bail, takes pleas, conducts trials, imposes sentence

Trial court of limited jurisdiction (lower courts)

• authorized to hear less serious cases

• rarely holds trials

Trial courts of general jurisdictions (high courts, circuit courts, superior courts)

• authorized to hear any criminal case

• often provide first appellate level for courts of limited jurisdiction

Trial de novo

• term applied to cases that are retried on appeal

State Appellate Courts

• all states have supreme courts but only 39 have intermediate appellate courts

Appeal

• convicted defendant’s request that a higher court review the actions of a lower court

• appellate courts review the case on record but do not conduct a new trial

• most states require automatic appeal on death sentences or life in prison

Federal Court System

• created by Article III, Section 1 of the US Constitution

US District Courts

• trial courts of the federal court system

• handles civil and criminal matters

• 94 federal judicial districts, at least one in each state

US Court of Appeal

falls into 3 categories

Frivolous appeals- little substance

Ritualistic appeals- probability of reversal is negligible

Nonconsensual appeals- highest probability of reversal

US Supreme Court

• highest court in the US

Supreme Court Today

• may accept cases from the US courts of appeal and from the state supreme courts

• limited original jurisdiction

• 4 justices must agree to hear a case before a writ of certioari is issued

• only about 200 of the 5000 requests for review received annually are heard

• decisions are rarely unanimous

First Appearance

• also called initial appearance or magistrate’s review

Defendants brought before a judge

• given formal notice of the charges

• advised their rights

• given the opportunity for representation

• may be afforded the opportunity for bail

• may involve a probable cause hearing

Pretrial Release

• initial pretrial release/ detention decision usually made by a judicial officer

Focus on 2 types of risk

• risk of flight/nonappearance for scheduled court appearance

• risk to public safety

Bail

• common release/detention decision-making

2 purposes:

• helps ensure reappearance of the accused

• prevents unconvicted persons from suffering imprisonment unnecessarily

Danger Law

• a law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community

True Bill

• majority of jury members agree to forward the indictment to the trial court

Preliminary Hearing

• used in states w/o grand juries

• hearing held to determine if there is probable cause to hold the defendant for trial

Prosecutor files info

formal accusation or complaint against the accused

Arraignment

• defendant’s first appearance before the court that has the authority to conduct a trial

2 purposes:

• to once again inform the defendant of the specific charges

• to allow the defendant to enter a plea

Plea

• the defendant’s formal answer to the charge

• 2 types of pleas: guilty or not guilty

Nolo contendere or “no contest:

• defendant sentenced as if pled guilty

• not an admission of guilt, so cannot be used as a basis for later civil proceedings

plea bargaining

• the process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case

During which Supreme Court justice’s tenure did the rights of individuals expand dramatically?

Earl Warren

Qualified immunity

• shields law enforcement officers from constitutional lawsuits if reasonable officers would believe their actions were lawful in light of clearly established law and the available info possessed by the officers

According to _, evidence illegally seized by the police cannot be used in a trial

the exclusionary rule

the current standart for the use of deadly force by federal agents is

defense of life

According to the SC, the police may conduct a “stop and frisk” w/o a warrant based on

reasonable suspicion

Warrantless searched which are justified on the basis of an emergency situation like a clear danger to life

exigent circumstances

an exception to the exclusionary rule that allows police to conduct warrantless searches of a motor vehicle

• fleeting-targets

An accreditation agency that can certify police dept’s who meet a specified set of professional standards

CALEA