Chapter 3: Law Enforcement and the Law

Introduction

• Sorichetti v. City of New York:
  • Context: Mrs. Sorichetti had an order of protection against her husband but he was granted visitation for his daughter. Although he threatened her during the first visit, the officers refused to arrest him both times Mrs. Sorichetti requested they do. Later on, Mr. Sorichetti attacked their daughter leaving her with permanent damage. Mrs. Sorichetti sued the New York City Police Department for damages.
  • Legal Question: What is the degree to which an officer/agency is held liable for not protecting an individual?
  • Result: Mrs. Sorichetti won the case because in this case there was a special relationship because of the order of protection and the officer’s previous knowledge of Mr. Sorichetti’s violent history.
• 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

Order of Authority

• 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.

Law Enforcement and Constitutional Law

• Judicial Review: This is the power given to the judicial branch that states they can overturn any legislation that does not follow the constitution.
  • Marbury v. Madison (This power was recognized through this case)

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Quantum of Proof

• Probable Cause: A reasonable belief that someone is guilty of committing a crime.
• 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.

Bill of Rights

First Amendment

• Freedom of Religion
  • Establishment of Religion Clause: State and religion must be separate
  • Free Excercise of Religion Clause: Everyone has the right to practice their religious practices as long as they do not harm others or break any laws.
• Freedom of Peaceable Assembly
  • People are allowed to gather for social, political, or religious for excessive purposes or protests.
  • Although they may not put others in harm or infringe on others’ rights
• Freedom of Petition
  • People have the right to request the government for things without being punished.
• Freedom of Speech
  • 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
  • Does not have the same protection as pure speech, if it violates any general laws then law enforcement has the right to arrest people without violating the first amendment.
• Freedom of Press
  • The press is allowed to print whatever they want without having to be worried about being controlled by the government
  • New York Times v. United States: No laws can be made to restrict the press even by stating national security.

Second Amendment

• The right to bear arms
• 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.

Fourth Amendment

• Protects people against unreasonable search and seizures
• 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.
  • Ex: It is reasonable for an officer to stop someone who has a sliver Prius if the suspect was seen fleeing in one in the general area.
• 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

Fifth Amendment

• Due Process: Provides protection for criminals in the criminal justice system (ex: doubly jeopardy, self-incrimination, unfair trial, etc.)
  • Two Types of Due Process
  • 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.

Sixth Amendment

• Protects the rights to…
  • 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
  • Counsel: 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.

Eight Amendment

• 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.

Tenth Amendment

• States that any powers not in the constitution automatically go to the states.

Fourteenth Amendment

• Equal Protection Clause: Everyone is equal no matter what race, religion, or color they are.

Law Enforcement and Criminal Law

• 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.

Classification of Criminal Law

• Primary Categories: Felonies and Misdemeanors
  • 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.

The Components of Crime

• Elements of a crime

  • 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

• 4 Levels of Culpability:

  1. Purpose: The crime was committed with a clear intention of a certain result
  2. Knowingly: Acting while knowing their actions will cause the particular result
  3. Recklessly: A person consciously disregarded any risk they are taking
  4. 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

• 3 Categories of Defenses

  1. Reasonable Doubt: Stating one or more necessary elements of a crime were not there
  2. Excuses: Pleading guilty but stating there was a condition/reason the crime occurred.
  3. Justification: Saying the act committed happened but any reasonable person would have done the same (self-defense)

Law Enforcement and Civil Law

• Torts: Violation of duty
  • Usually used in civil cases and refer to a civil wrong against a single person
• 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.

Mechanisms for Civil Liability and Law Enforcement

• 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.

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