Intro Criminal Justice Ch.5-8

US Supreme Court

- Highest court in the country which makes criminal justice policy through judicial review and its authority to interpret the law. - There are 9 Justices, including the chief justice. - Decisions become precedents (landmark decisions) - May choose to hear/not hear most cases - Hears fewer than .5% of the cases in the US each years

Writ of Certiorari (US Supreme Court)

- Is the request from the Supreme Court asking a lower court for the record of a case indicating the Supreme Court's willingness to review the case. - There is NO absolute right to appeal to the US Supreme Court. More than 90% of appeals to the US Supreme Court are denied.

US District Court (trial)

- Lowest tier of the federal Court System - The trial court in which questions of fact, guilt or innocence are decided. - Evidence is admitted, witnesses testify and juries render verdicts in a trial court. - Each state has at least one Federal District - 94 Districts throughout the US

Total Response Time parts:

1) the time btetween the cirme committeed and the person calling the police 2) the time for 911 to answer the call, get info and dispatch police 3) the time from dispatch to the police arrive on scene

Probably Cause exists if:

1) a crime was committed and 2) the individual committed the crime. The probably cause must exist when the officer tooth the action, not later after e finds evidence.

Sources of Probable Cause

1) personal observation 2) information from victims, witnesses, informants and police information 3) evidence in pain sight

Problem Oriented Policing

A philosophy that requires police to identify potential criminal activity and develop strategies to prevent and respond to the cirminal activity.

Exclusionary Rule

1Any evidence that is obtained in violation of the defendant's rights under the 4th, 5th, or 6th Amendents will not be admissable in court.

Clearance rates

A comparison of the number of the crimes solved by arrest and prosecution to the number of crimes reported during any given time period.

Community Policing

A police "philosophy" that emphasizes community support for and cooperation with the police in preventing crime.

Differential Response

A stragedy for answering calls for service in which response is adapted to the seriousness of the call.

Internal Affairs Investigations

Done by the internal affairs unit who recieves and investigates complaints of wrongdoing by police officers.

Fruit from the Poisonous Tree

Evidence that is acquired through the use of illegally obtained evidence is therefore inadmissable in court. This prevents the police from benefitting from their misconduct.

State Court of Appeals

Highest State Court in NY. Court of last resort and the decisions are FINAL. Only if issues of federal law or constitutional precedure exist can the US Supreme Court Overrule a stat'es highest court. Reviews issues of law and fact appealed from the trial courts and the Appellate Division Courts in NY.

Trial Courts of General Jurisdiction

In NY the state trial court is the Supreme Court< has the authority to hear and decided cases involving many types of subject matter.; conducts preliminary activities and trials for felonies; conducts appeals from lower courts (trial de noovo)

Appellate Courts

Mid level appeal courts that hear cases on appeal from trial cases. in NY it is the Appellate Division Court

Lower State Courts (misdemeanor courts)

Most organized at town, municipal, or county level. Dispose of minor cases; may do prelimiary activites for some felonies.The majority of all minor criminal cases are decided in lower courts.

Civilian Review Boards

Prcoess by which citizens review complaints brought against an officer or police department, the citizen do NOT have the power to discipline misconduct, but can recommend that a action be taken by police administrators

Probable Cause

Reasonable grounds to believe the existence of facts warracting certain actions such as the search or arrest of a person.

Searches and seizures

Refers to the searching for and the seizing of evidence by the police

Ethical dilemmas

Situations where officers: do not know the right course of action, have difficulty doing what is considered right and find the wrong choice tempting

Arrest Rates

THe more arrest made, the fewere criminals on the streets to commit crimes.

Civil liability

The ability of citizens to sue public officials for violation of their civil rights is based on Title 42 section 1988 of the US Code.

Rule of Four

The courts will not issue a writ of certiorari unless at least 4 justices approve of the decision to hear the case.

US Court of Appeals (highest court)

The intermediate federal appellate level courts - Reviews cases from lower courts - Cases involve constitutional issues.

4th Amendment of Constitution

The right of the police to be secure in their persons, houses, and papers against unreasonable searches and seizures, shall not be violates, and no warrants shall issue.

Police Ethics

The rules or standard of behavior governming police work aimed at ensuring the fairness and rightness of police actions.

Federal Court System

They try cases that are against the laws of the United States.

State Court System

They try cases that are aginst the laws of that particular state

Federal Court Structure (equal trial take place)

US District Court / NY State System US Court of Appeal / Appellate Division US Supreme Court / NY Court of Appeals (equal as in highest court but US Supreme Court obviously is highest in US)

Internal Affairs stages (4)

intake, investigation, deliberation, and disposition.

Total Response Time definition:

the time from the moment the crime is committed to the time the first police officer arrives on the scene.