Intro to Criminal Justice Exam # 2 Review

CHAPTERS 4-6 LAW ENFORCEMENT

I. The Responsibilities of the Police (4 major responsibilities)

A. Enforcing Laws- The police officer’s role as a “crime fighter”

In US (over 1 million officers- 3 levels of gov’t) a. Municipality (local police)

b. State Police (larger state-wide jurisdiction)

c. Federal ** (see below agencies)

B. Providing Services- “to serve the community” (mental health & substance abuse issues police deal with on a daily basis)

C. Preventing Crime- visible patrol and programs

D. Preserving the Peace- maintain public order

II. Intelligence Led Policing- predictive policing

1. relies on past data to predict future crimes (proactive policing- see page 2)

III. Major Federal Law Enforcement Agencies

1. The Department of Homeland Security- created through the Homeland Security Act- November 2002 (new agency- post 911)

• Functions to coordinate federal efforts to protect the United States against international and domestic terrorism

i. U.S. Customs and Border Protection (CBP) prevent the illegal flow of people and good across border. Mexico & Canadian Borders (ports NY, Phila…)

ii. Immigration and Customs Enforcement (ICE)

Uphold public safety by enforcing nations immigration laws

iii. The Transportation Security Administration (TSA) – aviation-airport & travel security

2. Department of Justice

a. FBI -has jurisdiction over nearly 200 federal crimes (i.e, white collar crimes, kidnapping, extortion, bank robbery, corruption…)

b. The Drug Enforcement Administration (DEA)

Mission is to enforce domestic drug laws and regulations

(sale and use of drugs)

c. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

Concerned with the illegal sale, possession, and use of firearms (or explosives) and the control of untaxed tobacco and liquor products,

d. US Marshals Service- protecting government witnesses, transport federal prisoners & control property seized by government

e. IRS – violations tax code (Under the Dept. of Treasury)

3. Types of Arrest (Strategies of Policing)

A. Reactive – response to call (i.e., response 911)

B. Proactive - moves beyond simply responding to incidents and attempts to control or even solve the root causes of criminal behavior (police should look at the long term implications of a situation, and attempt to analyze the patterns of offending)

4. Community Policing-community policing is an approach that advocates police--community partnerships --and community engagement to reduce crime

5. Forensics- science used to solve crimes (making crime fighting more accurate)

A. Trace evidence (very small) fingerprint, blood, or hair found in small amounts at a crime scene (DNA)

B. Ballistics is the study of firearms, including the firing of the weapon and the flight of the bullet

6. Police – Use of Force (should not be excessive – “Reasonableness Standard”)

Force can escalate to deadly force – *training is so critical

i.e., Tennessee v. Garner (cannot use deadly force to stop fleeing felon

unless there is threat of death to the public or officer and Graham v. Conner force used must be reasonable judged by the ‘reasonableness of the moment”

IV. Policing and our Constitution

A. The 4th Amendment contains two critical legal concepts:

1. Prohibition against unreasonable searches and seizures

A. Search – a process, police examine a person or property to find evidence

B. The requirement of probable cause to issue a warrant

(warrants are written orders--issued by a judge)

B. Define Probable Cause- more mere suspicion, officer must know facts and circumstances that would reasonably lead to “the belief that an offense has been or is being committed”

C. The Exclusionary Rule:

1. Prohibits the use of illegally obtained evidence in court

2. Forces police to gather evidence correctly

D. Examples -Warrantless seizures of items are allowed if they meet one of these exceptions:

1. Plain View Doctrine; Border Search, Consent…

V. Stops and Frisks: governed by: Terry v. Ohio (1968) the court ruled that when police have reasonable cause (reasonable suspicion) to believe a suspect is armed and dangerous, an investigatory stop and brief frisk are permissible (Terry Stop)

A. Stop-brief detention of a person by the police for questioning (based on reasonable suspicion)

B. Frisk-A pat-down or minimal search by police to discover weapons

VI. Miranda- Legal Basis for Miranda is the 5^th Amendment (right against self- incrimination) to remain silent and not speak with law enforcement while in custody.

1. Note -Defendant can remain silent & invoke 6^th Amendment Right to Counsel

Chapter 7

1. Functions of the Court – Dual Court System (Federal & State Courts)

   1. Trial court - is where a trial takes place, and the judge imposes a sentence if the defendant is found guilty (primarily concerned with questions of fact)

   2. Courts of Appellate Jurisdiction (Appeals Court)- act as reviewing courts

      1. Primarily concerned with questions of law

   3. The United States Supreme Court (9 Justices on the court)

      1. Review a small percentage of the cases decided in the United States each year (4 justices approve case to be heard- grant writ of certiorari, court is ordered to send their record to the highest court for review). Their ruling is supreme law

      2. Impact of the Supreme Court’s decisions on the criminal justice system is profound (as noted above):

         1. Gideon v. Wainwright- 6^th Amendment -right to council “indigent/poor”

         2. Miranda v. Arizona- 5th Amendment -right to remain silent when in police custody

         3. Terry v. Ohio – stop and frisk (see above)

         4. Graham v. Connor- reasonableness standard should apply to use of force in making an arrest

         5. Roper v. Simmons- no death penalty for juveniles

2. The Courtroom Work Group

   1. Members of the Courtroom Work Group

      1. Made up of those individuals who are involved with the defendant from the time he or she is arrested and until sentencing

      2. Most prominent members include the judge, prosecutor, and the defense attorney

      3. Other participants are also included:

         1. Bailiff- security court room

         2. Clerk of the court- paperwork (transcripts, evidence logging…)

         3. Court reporters- recording every word of proceeding

         4. Cases to be heard are on the –docket

   2. The Judge in the Courtroom Work Group

      1. The judge is the dominant figure in the courtroom and exerts the most influence over the values and norms of the work group (referee)

   3. The Prosecution

      1. Criminal cases are tried by public prosecutors, employed by the government

      2. Determine level of charge or charges brought against suspect

      3. Prove the case beyond a reasonable doubt

   4. The Defense Attorney

      • Most persons charged with a crime have little or no knowledge of criminal procedure/ the defense attorney’s primary responsibility is to represent the defendant at various stages of the criminal case

b. Attorney-Client Privilege: laws require that communications between a client and his/her attorney are confidential, unless the client consents to disclosure. The Exception to the Privilege-

-Per United States v. Zolin (1989) attorneys must disclose contents of a conversation with a client if the information concerns a crime that has yet to be committed

• Witness Misidentification- wrongful convictions (leading cause in this country)

  • Plea Bargains (90-95) percent cases (pros /cons) * essay

  • Note, bail (purpose of bail is to guarantee that the accused will appear in court and face sentencing if found guilty/8^th Amendment - no excessive bail.

Chapter 9

1. The Purpose of Sentencing -why is this so critical that sentencing and offender we tap into all of these philosophies

2. Retribution- The oldest and most common justification for punishing someone is that he or she “deserved it” (just deserts)

3. Deterrence- The goal of sentencing should be to prevent crimes

By “setting an example,” society is sending a message to potential criminals that certain actions will not be tolerated (deter)

1. Incapacitation- is a strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities

2. Rehabilitation- Rehabilitation seems to be the most “humane” goal of punishment (it operates under the philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished)

3. Restorative Justice- approach to punishment designed to repair harm done to the victim & the community by the offender’s conduct

II. The Structure of Sentencing - Contrast indeterminate with determinate sentencing

A. Indeterminate Sentencing

• An indeterminate term of incarceration in which a judge determines the minimum and maximum terms of imprisonment

(i.e., 10-20 years) *you can be paroled early for good behavior

B. Determinate Sentencing

1. A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges

(i.e., 5 years)

2. The offender serves exactly the amount of time to which she or he is sentenced, minus potential “good time” (that is earned)

C. The Sentencing Process- The Presentence Investigative Report

The presentence investigative report provides valuable information to judges operating under indeterminate sentencing guidelines.

This report is compiled by a probation officer/probation dept

D. Factors of Sentencing-

1. The Seriousness of the Crime (primary factor in sentencing)

2. Mitigating and Aggravating C­­­­ircumstances

Mitigating circumstances

a. Those circumstances that allow a lighter sentence to be handed down

Aggravating circumstances

a. Those circumstances that justify a more severe penalty

1. Victim Impact Statement - allow victims the opportunity to testify, in person or writing, during the sentencing phase about the suffering he or she experienced as a result of the crime, or in murder cases relatives or friends can give personal details about the victim and describe the effects of her/ his death

E. The Ultimate Sanction – The Death Penalty

1. Roper v. Simmons – no DP for juveniles

2. Atkins v. Virginia – DP prohibited for mentally handicap

*Note the Supreme Court has not found the DP (and the use of lethal injection) to be cruel & unusual punishment and is still permissible in states that chose to use it as a sanction (Baze v. Reese)