Criminal Justice
HISTORY OF EXCLUSIONARY RULE CAN BE TRACED BACK TO WHAT CASE?
weeks vs United States
WHAT IS THE PURPOSE OF A TERRY PAT DOWN ?
A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than probable cause which is needed for arrest.
Why are trial courts subject to transcribing records?
A full transcription (that is, a word-for-word recording of the proceeding) is made for every trial in a general trial court. Nearly all appeals for criminal cases originate from state general trial courts.
How did the LEAA program improve the level of education among our nation's police officers?
A major factor that promoted the emphasis on college-educated police officers was the federal Law Enforcement Assistance Administration (LEAA) program. From the late 1960s to the early 1980s, the federal government administered an educational loan and grant program under the LEAA, called the Law Enforcement Educational Program (LEEP), to encourage criminal justice personnel and applicants to attend college. Under LEEP, college students who indicated their desire to join a police department after graduation, as well as employed police officers, could obtain student loans to attend the college of their choice.
Describe what is contained in an SOP manual.
A manual that describes the policies that regulate behavior and the performance standards for police officers
What is meant by the term exclusionary rule? How does it affect police procedure?
A rule that prohibits the use of evidence or testimony obtained in violation of the Fourth and Fifth Amendments of the U.S. Constitution, established in Weeks v. United States (1914) and extended to all state courts in Mapp v. Ohio (1961).
How does the burden of proof differ between a civil and criminal case?
A significant difference between civil and criminal law is the burden of proof. The burden of proof in a civil court is only preponderance of the evidence , where as the burden of proof in a criminal court is beyond a reasonable doubt.
To where can a defendant appeal after a verdict in a state court of last resort?
A state court of final appeals that reviews lower court decisions and whose decisions can be appealed to the U.S. Supreme Court.
Which unit conducts internal investigations following a police involved shooting?
After every shooting, the internal affairs investigative unit of the agency conducts an intensive investigation. The internal affairs investigation unit is a special unit whose mission is to investigate the actions of officers for the purpose of recommending disciplinary actions or criminal prosecution.
What is a bondsman's standard fee?
Along with a standard minimum fee of $75, our bail bonds are 10% the total amount of bail. ... If a bail bondsman tries to charge you more than that, you should seek another bondsman. If the bond is for $5,000, then my fee is $500. My minimum fee is $75.
Name the self-regulating body for the private security industry.
American Society for Industrial Security (ASIS).
Provide an example of racial profiling.
An egregious example of racial profiling by law enforcement was the East Haven, Connecticut Police Department scandal documented in 2012 by the DOJ and the FBI. Police officers were accused of tyrannizing Hispanics/Latinos, particularly immigrants. They would stop and detain people without justification; assault handcuffed victims; and engage in biased policing, unconstitutional searches and seizures, and the use of excessive force at will.
Describe the practice of water boarding.
An interrogation technique in which a large volume of water is poured over a bound person to simulate the sensation of drowning.
Give an example of one type of civil lawsuit.
Civil lawsuits can involve a broad range of issues, including breach of contract, divorce, medical malpractice, and torts. Torts are claims of person injury that are not criminal. Tort injuries may include injuries caused by purposeful actions or by negligence. Common tort claims include injuries from automobile accidents and negligence. For example, if a person slips and falls on business premises due to negligence of the business owner, he or she can file a tort claim for injuries suffered in the fall.
How does a CED work when it is deployed?
Conducted energy devices (CEDs) deliver powerful electric shocks, causing incapacitation. Taser is the most common brand used by law enforcement agencies.
What are contract services in the private protection sector?
Contract services are security personnel who work for a third-party company and are hired by another company to provide specific services at the direction of the client. Smaller companies whose needs for security vary and who do not have the financial resources to maintain a company-owned security force use contract services. They negotiate with the security company to provide security services.
. Describe some of the challenges facing community-policing programs.
Critics argue that community policing will not last because, like team policing, it requires that decision-making be decentralized in the police administrative structure. Problems are solved through decisions made by the lowest-ranking people in the organization. b) The de-centralization of decision-making runs counter to the traditional paramilitary command-and-control organizational culture of the police. Some argue that "despite scholarly opinions, the street cops tend to prefer the quasi-military style. c) Community policing requires more educated officers and officers with creative problem-solving abilities. Police officers must view members of the public as a potential resource in crime fighting rather than as potential criminals. d) Many believe that the dislocation of crime is a major problem with community policing. Although community policing and problem-solving strategies may reduce robberies, burglaries, prostitution, and car thefts in one neighborhood, they may not eliminate the crimes, but merely drive them to another part of the community or to another community altogether. e) Some people have expressed serious concern over the ability of community policing strategies to work in minority neighborhoods. f) In an effort to promote quality of life and fight crime, neighborhoods may mistake diversity and tolerance for crime and disorder. Neighborhoods can be places of congeniality, sociability, and safety, but they can also be places of smallness, meanness, and tyranny
Which court ultimately has the highest appellate authority?
Decisions of lower federal courts also can be appealed to the federal court of appeals and ultimately to the U.S. Supreme Court. When the U.S. Supreme Court makes a ruling regarding the constitutionality of a law, due process right, or rule of evidence, that decision is binding on all federal and state courts.
Explain the difference between direct and indirect over sight of law enforcement behaviors.
Direct oversight is the laws and judicial decisions that prohibit specific law enforcement behavior. Indirect oversight is a remedy, usually at criminal trial, if agencies or officers do not observe the standards of the court.
What is the term when a judge orders not to publish, discuss or air a trial's proceedings?
Gag order
Explain the difference between a grass eater and a meat eater.
Grass eaters are police officers that engage in minor illegitimate activities that are considered "acceptable behavior" by fellow officers. Meat eaters are officers who engage in serious criminal conduct, corruption, and illicit moneymaking opportunities.
What does the term enhanced interrogation mean?
Interrogation methods that allow for the use of pain, threats, and water boarding to extract information from a subject
What is meant by the term "lateral transfer?"
Lateral transfers are changes in the duties the officer performs and the unit to which he or she is attached, but no changes are made in his or her rank or pay grade. Often these transfers are based on seniority or length of service rather than competitive civil service examinations and testing. For example, a patrol officer may transfer to a community policing unit or a vice detective may transfer to a burglary unit or an administrative sergeant may transfer to the training academy.
Name various stressors found in the nature of police work.
Law enforcement work is performed in a highly stressful environment and one in which individuals may experience great personal danger, including death. Law enforcement officers often deal with the public in times of crisis, such as motor vehicle accidents, domestic violence, riots, self-destructive behavior, and crime. During these crises, it is not unusual for people to be injured, to suffer life-threatening danger, or to be in the midst of a crisis that will have permanent and extreme consequences. Perhaps one of the most serious stressors that law enforcement officers must deal with is the threat of injury or death and the possibility that a law enforcement officer may have to take a life in the line of duty.
What process could a citizen utilize to make a complaint about police misconduct?
Most departments have procedures whereby citizens may lodge complaints of criminal, abusive, or unprofessional behavior. The department has a procedure for reviewing the validity of these complaints.
Discuss the principles of the Law Enforcement Code of Ethics.
Nationally, law enforcement acknowledges the Law Enforcement Code of Ethics as publicized by the International Association of Chiefs of Police as a standard of behavior to which all officers should aspire. Also, law enforcement has internal procedures and personnel for detecting, correcting, and disciplining unprofessional behavior. Three internal strategies are used by law enforcement to achieve professionalism: (1) a rigorous procedure for selecting and training new recruits, (2) a well-developed internal standard of professional behavior, and (3) formal strategies for detection and punishment of violations of professional behavior.
How does jurisdiction limit policing powers?
No single agency has oversight responsibility for all of these different police agencies. There is no central authority, person, or agency to coordinate law enforcement activities, professionalism, or administrative oversight of law enforcement agencies nationwide.
What does the term decentralizing policing mean?
One of the most distinctive characteristics of contemporary policing in the U.S. criminal justice system is that it is a decentralized system performed by nearly 18,000 fragmented, semi-autonomous law enforcement agencies and over 1 million employees under the authority of local, state, and federal governments. Each law enforcement agency has its own chief administrator, headquarters, rules and regulations, jurisdiction ,and training standards
THE SCIENCE/PHILOSOPY OF LAW IS CALLED?
Philosophy of law, also called jurisprudence, branch of philosophy that investigates the nature of law, especially in its relation to human values, attitudes, practices, and political communities.
A POLICE OFFICER CAN SEIZE EVIDENCE WITHOUT A WARRANT WHEN ITS CLEARLY VISIBLE IS KNOWN AS WHAT?
Plain view search
Who is the highest administrative officer in a municipal police department?
Police Chief
What challenges do law enforcement agencies face in balancing crime fighting and due process rights?
Police professionalism is an important hall mark to ensure competent services, while balancing crime fighting and due process rights.
How are private protection services regulated?
Private protection and investigative services are self-regulating. Given the size of the industry, a professional association exists to promote the ethics and professionalism of private protection services. One of the largest professional associations is the American Society for Industrial Security (ASIS). ASIS sets minimum standards and standardized testing. Also, ASIS's code of ethics provides guidelines for professional conduct by private security companies and agents.
Describe a suspect's rights during a police lineup.
Rulings have suggested that suspects' guarantees against self-incrimination apply in police lineups, but not to the degree they apply in police interrogations. Law enforcement officers need to perform certain investigative tasks essential to gathering information about a crime. So long as the police act in a professional and fair manner, they have greater latitude than in interrogations. They must be fair, and the suspect has a right to have an attorney present.
What are the four steps in the SARA strategy?
Scanning, analysis, response, and assessment
How have interrogations of suspected terrorist circumvented due process rights?
Since the attacks of September 11, 2001, new legislation has enhanced the intelligence gathering capacity of the FBI. Critics argue that the Justice Department is denying due process to many people accused or suspected of terrorist activities. At the heart of this controversy is the material witness law. This law allows federal authorities to hold a person indefinitely without charging him or her with a crime.
What are the limits of special police jurisdictions?
Special police have limited jurisdiction in geography and in police powers. They are hired, trained, and equipped separately from municipal police officers, sheriff's deputies, and state officers. The criteria for special police agents often are less than those required for general law enforcement officers. Some special police are authorized to carry weapons and have powers of arrest and search and seizure; others do not.
What is meant by the term suicide by cop?
Suicide by police is when citizens construct situations in which law enforcement officers are forced to fire on them.
How many federal judicial circuits are there?
The 94 judicial districts are organized into 12 regional circuits each of which has a U.S. court of appeals in addition to a Thirteenth Circuit for Washington, D.C. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies. Federal judicial circuits include more than a single state. The largest judicial circuit is the Ninth Judicial Circuit, which includes seven western states, Alaska, Hawaii, Guam and the northern Mariana islands
How did the Posse Comitatus Act of 1878 limit local level police agencies?
The Posse Comitatus Act of 1878 and other laws and military regulations limit the powers of local governments and law enforcement agencies by using federal military personnel to enforce the laws of the land.
How does the Tenth Amendment affect state courts?
The Tenth Amendment has a provision that states that powers not specifically delegated to the federal government are reserved for the states.
Why can a police officer conduct a pat down without probable cause that a crime has occurred?
The U.S. Supreme Court has appreciated the fact that the police operate in an environment that can be life-threatening. Thus, the police are allowed to take certain reasonable precautions in dealing with the public. In the course of taking reasonable precautions, such as frisking or patting down a detainee suspected of carrying a weapon, if the police find incriminating evidence, such evidence is admissible in criminal court.
Which court has the highest appellate authority in the United States?
The U.S. Supreme Court is the highest appellate court in the American judicial system.
What is a court of original jurisdiction?
The court that has the power to determine whether the defendant is guilty.
Explain what is meant by the term narco-terrorism?
The definition of narco-terrorism is terrorism in which drug lords in some countries operate virtually unchecked by law enforcement.
Which tier in the state structure is considered the workhorse of the criminal justice system?
The general trial courts of the state judicial system are the workhorses of the criminal justice system.
Discuss the fleeing-felon doctrine.
The police practice of using deadly force against a fleeing suspect, made illegal in Tennessee v. Garner (1985), except when there is clear and present danger to the public.
Why is the United States referred to as a dual court system?
The political division of jurisdiction into two separate systems of courts: federal and state; in this system, federal courts have limited jurisdiction over state courts.
What is meant by the term judicial review?
The power of the courts to declare congressional and presidential acts unconstitutional.
Describe the hiring and training process for a new police recruit.
The process of becoming a police officer is unlike applying for an entry-level position in private industry. It is more intrusive and involves many steps. The hiring process takes months to complete. During this process, applicants are screened, examined, tested, observed, stressed, and evaluated in many ways. They are tested for their physical, psychological, and intellectual fitness as police officers. The objective of this extensive screening and training process is to produce police officers that can perform their duties to the high professional standards demanded by the department, the community, and the law. After candidates are interviewed, tested, and screened, a number of selected candidates are given notices to report to a police academy. The police academy is where law enforcement candidates receive specialized training in various subjects necessary to fulfill their responsibilities as law enforcement officers. Today, a new law enforcement officer will receive an average of 1,370 hours of training before he or she is allowed to exercise his or her power as a police officer.
What is a plain-view search?
The right of the police to gather (without a warrant) evidence that is clearly visible. However, to be admissible, the police officer must have had the legal right to be where he or she was.
Which local level law enforcement agency is considered the oldest in the United States?
The sheriff's office is the oldest local law enforcement agency in the United States.
Why was team-policing a short lived concept?
The use of team policing peaked in the early 1970s and quickly faded. One of the flaws that made team policing unworkable was the premise of team policing—that the team should exercise broad decentralized decision making authority. Team policing attempted to establish small units of police personnel who would assume responsibility for public order and crime control within a geographic area to encourage more police-community involvement. Team policing was short-lived, but it did establish a foundation for community policing, which proved to be a more viable policing strategy.
How many U.S. district courts are there?
There are 96 U.S. district courts. They are the federal system's trial courts of original jurisdiction, meaning that these are the first courts to hear charges against defendants and to render verdicts regarding the charges.
Describe various exceptions to the exclusionary rule.
There are exceptions to the exclusionary rule that allow police to conduct search and seizures without a warrant in certain situations of public safety. Courts have also recognized that police operate in a dangerous environment; thus, they are allowed to take precautions (conducting pat-downs, for example) to protect themselves.
How many justices comprise the U.S. Supreme Court bench?
There are nine U.S. Supreme Court justices.
Name the three political jurisdictions over which government defines law enforcement authority?
There are three major divisions of the political jurisdiction of law enforcement agencies: federal, state, and local.
What public safety services are the responsibilities of the state police?
They are responsible for traffic and criminal investigations that are more appropriate for an agency with statewide jurisdiction.
What must be demonstrated during a confession for it to be admissible in court?
To be admissible in court, a suspect's confession must be obtained properly. Moreover, a confession must be given knowingly and voluntarily.
Define the jurisdiction of a tribal police department.
Tribal police that provide law enforcement services on Native American reservations, where local and state police have no jurisdiction and federal police have only limited jurisdiction.
What is meant by the term continuum of force?
Use of force continuum requires officers to use appropriate force depending on the circumstances. The force used must match the threat and resistance encountered. The least force is verbal commands. If a person does not respond to verbal commands or offers resistance, an officer may use soft empty-hand tactics (that is, pushing). The next level of force is the use of chemical agents and hard empty-hand tactics. If there is the threat of great bodily injury, the use of force may escalate to conducted energy devices, or Tasers. The final levels of use of force are impact devices such as batons and deadly force.
Describe the three policing strategies as defined by James Q. Wilson.
Watchman, legalistic, and service
Explain how Miranda rights affect a police interrogation.
When suspects are held in custody and subject to interrogation, they must be advised of their Miranda rights before questioning begins. The Fifth and Sixth Amendments provide due process rights to protect a suspect from self-incrimination.
WHAT IS CERTIORARI?
a writ or order by which a higher court reviews a decision of a lower court
EVIDENCE ILLEGALLY GATHERED CAN BE DEEMED INADMISSABLE UNDER WHICH RULE?
exclusionary rule
which Amendment is associated with double jeopardy.
fifth amendment
Describe what an indigent defense is.
indigent defense provides services to defendants who can't afford legal counsel on their own. It helps ensure a fair trial for the defendant. Public defender programs, assigned counsel systems, and contract attorney systems are all public service resources provided to indigent defendants.
difference between double jeopardy & dual jurisdiction.
the prosecution of a person twice for the same offense. Dual jurisdiction is a term that generally refers to a court or courts have jurisdiction over more than one area of a case
