cj exam 2

geographical jurisdiction

physical location the officer has legal authority (ex. state trooper has authority of whole state)

Legal Jurisdiction

types of laws you can enforce (ex. federal agents make federal laws)

US justice department

FBI (cyber, terrorist attacks)

DEA (distributing/importing drugs)

Bureau Of Alcohol, tobacco, firearms, and explosives

US Marshall service (witness protection)

Homeland Security Agencies

Customs and border protection (CBP)

Immigration and customs enforcement (ICE)

Secret Service (financial crimes)

State law enforcement agencies

created to primarily address rural crime and provide assistance to local agencies

limited to patrolling highways in other states

county law enforcement agencies

Duties vary according to size and degree of the county (serve warrants, operate jail, patrol area, answer calls for service, have to work in your jurisdiction)

Municipal law enforcement agencies (police)

Enforce all laws and ordinances, investigate crimes, traffic control

police tasks are as diverse as the community it serves

Experience also different (SWAT, k-9)

private “policing”

campus police, security/body guards

private outruns public policing

time in rank system

You must serve a certain amount of time in your current level to move onto the next level of promotion

pros of time in rank system

ensures organizational stability, maintains fairness in promotions, protects agencies from losing valuable administrators

cons of time in rank system

restricts administrative flexibility, prohibits rapid advancement

proactive policing

preventing something from occuring

reactive policing

reacting to a problem that already exists

broken windows theory

Areas that are abandoned or worn down give off crime opportunity

community oriented policing

a law enforcement philosophy that emphasizes proactive problem-solving and close partnerships between police departments and the local communities they serve

implementing community oriented policing

replaces strictly reactive enforcement with public partnerships and root-cause problem-solving

problem oriented policing

encourages officers to spend more time during calls identifying the underlying problems in a community, task-forces can become isolated from other units

police discretion

Use of personal decision making when on the job

legal factors of police discretion

the freedom police officers have to choose how to handle a situation (like whether to give you a warning, write a ticket, or arrest you).

Environmental factors of police discretion

Expectations of the community that shape how police officers exercise their discretionary powers

department factors of police discretion

internal rules, structure, and administrative cultures of a police department that shape how and when officers exercise their discretion in the field

peer factors for police discretion

Police officers turn to their peers for both on-the-job advice and off-the-job companionship, essentially forming a subculture to provide a source of status, prestige, and reward.

situational factors for police discretion

demeanor (the attitude and appearance of the offender) in making decisions.

Extralegal factors of police discretion

offender and victim characteristics

crime fighter

focuses on serious crime, investigating and solving crime

social agent

problem solver deals with social issues, not just crime

Law enforcer

Play it by the book, all laws should be enforced equally

watchman

prioritizes order maintenance and peacekeeping over strict law enforcement

blue curtain

an unwritten, informal rule among police officers that discourages or forbids reporting the errors, misconduct, or crimes of a fellow officer

exclusionary rule

Any evidence gathered illegally, cannot be used in court

probable cause

enough evidence and solid facts to make a reasonable person believe a crime was committed.

4th amendement

protects you and your property from unreasonable searches and seizures by the government

good faith exception

exclusionary rule does not apply, allows courts to admit illegally obtained evidence if officers acted with an objectively reasonable belief that their actions were legal

5th amendment

protects people from government overreach during criminal cases and legal proceedings, giving you the right to remain silent and receive fair treatment under the law

6th amendment

guarantees key rights to anyone accused of a crime so they can receive a fair and public trial (speedy trial)

miranda warning

a mandatory police notification given to criminal suspects in custody before questioning protecting their 5th amendment. Given when your under arrest and before questioning

search incident to a lawful arrest

lets police search an arrested person and the immediate area around them without a warrant, you can’t look inside of things

plain view doctrine

allows officers to seize evidence or contraband without a search warrant if it is clearly visible

consent search

Searches giving by the consent of person, can’t give consent if your drunk or impaired

field interaction/stop and frisk

• Field Interaction / Stop: Police temporarily detain you to ask questions because of suspicious behavior.

• Frisk: A quick, outer-clothing pat-down strictly used to search for weapons if the officer feels unsafe.

meat eaters vs grass eaters corruption

mean vs nice officers

internal corruption

police violate another officer within the department

selective enforcement/non-enforcement laws

when police abuse or exploit their discretion, if an officer frees a drug dealer for money, thats abuse. But freeing him for valuable information is a legitimate use of discretion

active criminality

participation by police in serious criminal behavior

bribery and extortion

practices in which law enforcement roles are exploited specifically to raise money. Bribery is initiated by the citizen; extortion is initiated by the officer.

cynicism

The belief that most people’s actions are motivated solely by personal needs and selfishness.

core belief

Police are the only real crime fighters. The public wants the police officer to fight crime; other agencies, both public and private, only play at crime fighting.

core belief

No one else understands the real nature of police work. Lawyers, academics, politicians, and the public in general have little concept of what it means to be a police officer.

core belief

Loyalty to colleagues counts above everything else. Police officers have to stick together because everyone is out to get the police and make the job more difficult.

core belief

It is impossible to win the war against crime without bending the rules. Courts have awarded criminal defendants too many civil rights.

core belief

Members of the public are basically unsupportive and unreasonably demanding. People are quick to criticize police unless they themselves need police help.

core belief

Patrol work is unpleasant. Detective work is glamorous and exciting.

task related

Stress from job, (danger, long shifts, violence)

organizational stress

caused by department (poor pay, unfair treatment)

personal stress

relationships, health, addiction

prosecutional discretion

Prosecutor decides how to handle a case (file charges, drop charges, offer plea deal)

particularly

a search warrant must clearly identify the place to be searched and items or people to be seized

how to obtain a warrant

1. request warrant from court

2. submit affidavit: reason for search and probable cause

3. place to be searched and objects to be seized

4. signature from judge within jurisdiction

federal court system

supreme court - us court of appeals - district courts

judge

makes legal decisions and determine sentences

prosecutor

represents government and tries to prove the defendant committed the crime

defense attorney

protects defendants rights

defendant

person accused of crime

court reporter

records what is said

clerk of court

maintains court records and handles documents

bailiff/court officer

maintains security in courtroom