CJ101: Introduction to Law and Justice - Lecture Notes

Roles of Police

  • Enforcing the Law
  • Providing Services
  • Preventing Crime
  • Preserving the Peace

Fourth Amendment

  • Guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
  • Specifies that no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Exclusionary Rule

  • A legal principle in the United States, prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.

Burdens of Proof in U.S. Law

  • Some evidence
    • Determined by: Corrections official
    • What you can do: Discipline prisoners (Administrative)
    • Examples: Being Child Protective Services proceedings agencies
  • Some credible evidence/Reasonable indications
    • Determined by: Judge
    • What you can do: Determine if plaintiff has been materially injured
  • Reasonable suspicion
    • Determined by: Judge
    • What you can do: Threshold inquiry/Frisk
  • Probable cause
    • Determined by: Judge
    • What you can do: Search for evidence, make an arrest
  • Preponderance of the evidence
    • Determined by: Judge/Jury
    • What you can do: Find defendant responsible in most civil cases (Some States), Involuntary commitment, Certain civil judgements, such as probate
  • Clear and convincing evidence
    • Determined by: Judge/Jury
  • Beyond a reasonable doubt
    • Determined by: Jury
    • What you can do: Convict a defendant in a criminal trial
  • Absolute certainty
    • Determined by: Unknown
    • What you can do: None, but proposed as death penalty standard

Sources of Probable Cause

  • Personal observation
  • Information
  • Victims and witnesses
  • Intelligence
  • Internal reports
  • Evidence
  • Association (limited)

Legal Searches and Seizures without a Warrant

  • When the individual does not expect privacy
  • When society does not recognize the expectation as reasonable
  • Incidental to arrest
  • With consent (contractual)
  • Hot pursuit
  • Abandoned property
  • Plain view
  • Borders
  • Vehicles with probable cause
  • Safety search of individual with reasonable suspicion (frisk)

Fifth Amendment

  • Protects against being held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury (except in certain military cases).
  • Protects against double jeopardy (being subject for the same offense to be twice put in jeopardy of life or limb).
  • Protects against self-incrimination (being compelled in any criminal case to be a witness against himself).
  • Guarantees due process of law.
  • Ensures that private property shall not be taken for public use, without just compensation.

Miranda Warnings

  • The person in custody must, prior to interrogation, be clearly informed:
    • That he has the right to remain silent.
    • That anything he says will be used against him in court.
    • That he has the right to consult with a lawyer.
    • That he has the right to have the lawyer with him during interrogation.
    • That, if he is indigent, a lawyer will be appointed to represent him.
  • Source: Chief Justice Earl Warren, Miranda v. Arizona, 1966

Exceptions to Miranda

  • Statements made in violation of Miranda may still be used to impeach contrary testimony (Harris v. New York, 1971).
  • Spontaneous statements are admissible (Rhode Island v. Innis, 1980).
  • Public safety exception (New York v. Quarles, 1984).

Issues in Police/Community Interactions

  • General blame vs. specific blame, or blame for overall incident vs. blame for specific actions
  • Prioritization of officer safety vs. prioritization of citizen safety
  • Conscious vs. unconscious bias / profiling
  • Officers judged by departmental policy rather than criminal law
  • Self-investigation of police agencies
  • No protocol to disengage
  • Disproportionate enforcement
  • Citizen expectation of flawless performance in high-stress situations
  • Unwillingness to concede, even in clear cases

Alternatives to Arrest

  • Summons or court complaint from police
  • Misdemeanors that do not allow for arrest
  • Felonies so old that suspect no longer poses immediate danger
  • Court complaint from victim (“private criminal case”)
  • When victim does not want to involve police
  • When police do not want to be involved
  • Grand jury investigation and indictment

Key Terms and Concepts

  • Probable cause
  • Reasonable suspicion
  • Exclusionary rule
  • Fruit of the poisoned tree
  • Fourth Amendment to the U.S. Constitution
  • Fifth Amendment to the U.S. Constitution
  • Miranda v. Arizona and Miranda rights

Learning Objectives

  1. Define probable cause and outline its four sources.
  2. Describe the consequences of the Exclusionary Rule.
  3. Distinguish when searches do and do not require a warrant.
  4. Explain the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
  5. Give a Miranda warning and explain when it needs to be given.