Crime Exam 2
Justice Arthur Goldburg said...
"No system worth preserving should have to fear that if an accused is permitted to consult with a lawyer, he will become aware of, and exercise [his constitutional] rights. If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system."
what are british police called?
"bobbies" in honor of Sir Robert "Bobbie" Peel
Carl Klockars said...
"it makes about as much sense to have police patrol routinely in cars to fight crime as it does to have firemen patrol routinely in fire trucks to fight fire.
What do the US Marshall Service do?
Oversees the United States Federal Witness Protection Program.
Kanas City Patrol Experiment
Precincts across the city were divided into three groups. 1 area received the same type and level of patrol it had received in the past; another received no routine patrol (cars from other precincts responded to distress calls in this district); the third area received two to three times its normal patrol assignment.
US vs. Sokolow (1989)
Reasonable suspicion is based upon the totality of the circumstances and is less burden than probable cause.
what is proactive policing?
Is when the police go out and look for criminal activity. ex: "victimless crimes," such as: gambling, prostitution, and the sale of narcotics.
What was the watch system?
It was appointed watchmen who patrolled the cities at night looking for disturbances, thieves, and fires. The watchmen reported to the constable who in return reported to the shire reeve.
FBI
J. Edgar Hoover became head of the FBI in 1924 when it was a discredited and corrupt agency, then turned the Bureau into a prestigious law enforcement agency. He implemented new training techniques, a new dress code and more Public Relations Campaigns.
confidental informant
Most are criminals (in witsec), some are granted leniency, and some are paid by law enforcement agencies
Searches
Most searches in U.S. take place without a warrant. The legal standard for a search, with or without a warrant is, probable cause
what are the standards for initiating police vehicle chases?
probable cause, restricted to certain types of crime, approval of a detached supervisor
the police use of force has to be?
resonable
What was the tithing system?
set up by 10th century, group of 10 people responsible for each other's behaviour, and run by the constable
the randy study results...
showed that an investigator's time is largely consumed reviewing reports, documenting files, and attempting to locate and interview victims in cases that experience indicates will never be solved.
the most important determinants of whether a case is solved are...
the amount of time between the commission of the crime and police notification, and the completeness of information given by the victim to the patrol officers responding to the complaint initially.
what was the first form of a police officer?
the constable
Deadly force is permitted when three conditions are met...
(1) it is necessary to prevent escape (2) warning has been given, if feasible, (3) an armed threat against an officer, the officer has probable cause to believe that the suspect has already committed serious physical harm, or the officer has probable cause to believe that the suspect has threatened to commit serious physical harm.
the first metropolitan police in u.s.
- Boston created the first "professional" police department in America in 1838. - New York City created its own police department in 1844 - Philadelphia followed in 1854
what percent of the sworn police force in locales with less than 10,000 population are female officers.
21%
what percent of local police officers are members of racial or ethnic minority groups?
27%
By the six minute mark of police pursuits what percent of collisions have taken place?
70%
how many people were wrongly convicted 1989-2017?
According to the National Registry of Exonerations, between 1989 and March 2017 there have been 2,000 exonerations of persons wrongly convicted in the United States. There have been at least 349 U.S. citizens that have been acquitted based on DNA evidence
Chimel v. California (1969) decision
After an arrest, the police may search the area within the arrested person's "immediate control," places where the arrested person might possibly grab a weapon or destroy evidence
U.S. v. Robinson (1973) decision
After arrest, a suspect may be searched by police even though the officer does not fear for his or her personal safety or believe that evidence will be destroyed, and a warrant is not necessary for such searches.
according to Thomas Frank...
Blacks have been killed at a disproportionate rate in pursuits every year since 1999; black people are three times likelier to be killed in police chases than whites
Who is August Vollmer?
Considered a Pioneer of American Policing. he was the police chief in Berkeley, California, and he instituted university training as an important part of the development of the young officer cadre of his police.
factors that contribute to wrongful convictions
Eyewitness misidentification, government misconduct, incentivised informants, inadequate defense, and misapplication of forensic science
Canine alert
Florida v. Harris (2012), the U.S. S. Ct. established at a routine traffic stop that if a police canine alerts to an illegal substance in a vehicle—probable cause exists
Mitch Grobeson
Had problems with the LAPD because a deputy saw him getting out of a gay bar and after that no one in the force would back him up. now an advocate for gay police officers
what is the good faith exception?
If an officer genuinely thought he had a lawful warrant and was searching with "good faith" it could still be used as evidence.
Fruit of the Poisonous Tree Doctrine
If the evidence seized by the police were the product of illegal action then anything that evolved from that action would be considered tainted and not admissible for trial
First Metropolitan Police Force
In 1829 Sir Robert Peel organized the first metropolitan police force in London.
How did the early American police system work?
Sheriffs worked on a fee system, which made them money for each arrest made, each subpoena served, and for each court appearance.
things police are referred to as....
Street corner psychiatrists, and gatekeepers of the criminal justice system
What is the largest human trafficking event?
Superbowl
4th amendment guarantees...
The Right to be Free from Unreasonable Searches & Seizures
Common Authority
The authority that justifies third party consent to search based on mutual use of the property by those who have joint access or control for most purposes.
Justice of the Peace
The local constable and the shire reeve became assistants to the justice of the peace, supervised the night watchmen, served warrants, and took prisoners into custody for appearance before justice of the peace courts.
Frisk
The sole legal justification for the police to frisk is for protection.
Indecent driving policy
The typical way police learn about crime is via the initial complaint, when a victim or witness contacts police to report a crime.
How did the first criminal justice system form?
When constables could not function on their own they hired assistants, which were the first paid police officers. By the 17th century a combination of night watchmen, constables and their assistants, and justices of the peace made up the first criminal justice system.
examples of positive community policing
Wichita Police barbeque with Black Lives Matter members, and Lakeland Police photo-op with Black Lives Matter protests
Approximately 35 to 40 % of all police chases end in what?
a car crash
What is the Bow Street Runners?
a network created by Henry Fielding whereby pawnbrokers would report to him receipt of stolen property, and Fielding and his investigators (runners) would track down the thieves and return the property to its rightful owners.
community policing
a renewed emphasis on crime prevention rather than law enforcement to reintegrate policing within the community
how much more likely is someone texting and driving to crash than someone who isn't?
a texting driver is 23 times more likely than a non-texting driver to crash
Carl Klockars reported that...
a vast majority of crimes, about 95%, are solved because a patrol officer caught the offender at the scene, or because a witness tells the detective who the offender was, or due to routine clerical work such as tracing a license tag.
vehicle stop
a vehicle stop requires reasonable suspicion by the police of illegal activity.
what percent of law enforcement agencies target females and minorities in their recruitment strategies (now including gay and lesbian persons) ?
about 20%
when do police not have to read your miranda rights?
after a routine traffic stop, if public safety is threatened, and someone is posing as an inmate and seeking incriminating information
Who were watchmen?
all adult males were duty bound to serve as watchmen. but, the wealthy could pay others to serve in these typically unpaid positions in their place.
What were slave patrols?
around the 1740s they were vigilante groups of whites who policed the slave quarters and other black communities prior to the Civil War.
when was racism in policing seen?
during the 19th and 20th centuries
different types of patrol include...
foot patrols, cars, horse-mounted police officers, motorcycles, planes and helicopters, marine patrol, bicycles, canine, and segways
Where did the police originate from?
from early english history
the 'reasonableness' of a particular use of force must be judged from where?
from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.
New York's Knapp Commission - 1972 classified police officers as:
grass eaters- can evolve to meat eaters (take what is given) meat eaters- (meat eaters are worse because they demand things)
What happened to Ernesto Miranda
he wasn't read his rights (Miranda Rights), so he was released, but later was killed in a poker game
What was the early frontier?
hotbed for criminal activity
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
When did police first become a thing?
in 1066 with the norman conquest
When any why was the justice of the peace created?
in 1300s to assist the shire reeve in controlling his territory.
rail road police
in accordance with state laws, have arrest powers throughout the U.S. on crimes related to railroad business
Police use of force is considered what?
is considered a seizure and is governed by the Fourth Amendment to the U.S. Constitution
what did The Minneapolis "hot spots" study conclude?
it concluded that most areas in many cities experience relatively few serious crimes. Indeed, more than half of all requests for police response originate in only 3 percent of addresses = hot spots.
Kanas City Patrol Experiment Results
no matter how patrol is used it does not result in less crime or caught criminals
Foreign Surveillance Act (Fisa)
only .03% of the request for electronic surveillance have been denied by the secretive FISA court
Which state would not allow blacks to own real estate, file lawsuits, or enter into contracts?
oregon
Before the police what happened?
people were held responsible to aid their neighbors against outlaws and thieves.
slave patrol powers included...
power to break open houses and punish or whip any runaway slave or slave that got in their way. they could put blacks under surveillance, slave or free, and enforced the southern laws that forbade blacks to move freely, keep guns, or strike a white person.
police corruption is associated with...
the perpetual risk of harm, low salaries, and high stress
automobile searches
the police may not search a vehicle, without probable cause, when the person arrested clearly could not grab a weapon from the vehicle or destroy evidence within the vehicle.
Americas Technology advancements for policing
the radio, two-way radio, new techniques in forensic science and criminalistics, telephone, and patrol car
What are shires?
they are similar to our counties. Kings appointed supervisors to keep order in the shires, these were known as shire reeves, forerunner of our modern sheriff.
What is the most common interaction between police and the public?
traffic stops
what comprise 40% of police-citizen contacts?
traffic stops
Field Interrogation
unplanned questioning of an individual who has aroused the suspicions of an officer
The randy study
was based on observations of detective operations in 25 police agencies and a survey of detective practices in an additional 156 departments.
Rachel's Law
was enacted to regulate relationships and transactions between the police and confidential informants.
50% of all police crashes occur within how many minutes of the chase?
within the first two minutes of a chase.