Role of Police in Broken Windows Policing: Scanning, Analysis, Response, and Assessment - , Study notes of Criminal Justice

Download Role of Police in Broken Windows Policing: Scanning, Analysis, Response, and Assessment - and more Study notes Criminal Justice in PDF only on Docsity! Introduction 9/1/11  What do you want to learn?  1.Procedures for CJ  2.Forensic Science  3.Basic Understanding of CJ  4.Judicial System  5.Careers in CJ  6.Current events  7.Forensic Psychology (criminal responsibility)  Criminal Minds  8.How people manipulate Judicial system  9.Make sense of local ordinances  10.High profile court cases  11.How $$ buys law  12.Rights of police officers  13.Operation of correctional facilities  14.Variance between jurisdictions  16.Effects of 9/11   Lizzie Borden Vs. Casey Anthony  -Killed parents -Killed Daughter  BOTH FOUND INNOCENT   -Look at things objectively  Don’t let emotions/background impact decisions  -We only know what we see on TV/What is released to the public  -We get the laws that we want  Not as individuals, as societies   What should be criminal?  Playing poker for $$ with friends LEGAL  Exchange of $$ for sex ILLEGAL  Stealing candy without paying ILLEGAL  Downloading media without paying ILLEGAL  Public drunkenness DEPENDS ON SITUATION  Stealing pen from work LEGAL  Calling someone an ethically derogatory name LEGAL  Polygamy ILLEGAL       What is crime?   CRIMINAL JUSTICE SYSTEM!   -What is criminal?  A person who has committed a crime (noun).  Relating to a crime (adjective)  An act that is deplorable (informal)   -”An Act or omission that constitutes an offense that may be prosecuted by the state and is punishable by the law”   -Can behavior be inherently wrong?  Mala in se crimes. (Crimes because they are just wrong)  -->Stealing car keys w/o permission  -->Rape/murder  Despite the perception of some crimes as mala in se, there is no such thing as a inherently criminal act--agree or not?  -->Drug Use  No Behavior is criminal until a society makes it criminal and societies differ in there definitions of crime (public policy)  -Crimes prohibited by law  Mala Prohibita Crimes-we made them laws  --> texting while driving, jay walking, smoking cigarettes in certain buildings  Mala Prohibita crimes reflect public policy at that given time.  -->Parking horses in front of city hall is no longer needed as a law but at one time it was.   -The Consensus Perspective: everyone can agree certain things should be against the law (obvious)  -->shooting   -The Conflict Perspective: People in power (leaders/president) impose their views on everyone else.    9/8/11   DISCONNECTS: EVOLUTION OF MARIJUANA LAWS  Consensus for a long time was that marijuana was good and it could be prescribed  Changed over time, known as dangerous --Consensus changed from approving to disapproving marijuana.  Now it is a law because of the conflict perspective-- people have certain views and make it illegal, while other people let it be legal--Michigan people voted for marijuana to be legal   Is it constitutional to execute an “Actually innocent” convicted murderer? ARTICLE  What happened to get Davis to court?  Fight with homeless man, Coles shot a police office but went to the police station and blamed Davis. The police investigated Davis and did not look at Coles even though he was the one who was guilty.  What happened to get appeal to court?  David claimed he was “Actually innocent” (even though he was convicted guilty, he was innocent)  7 of the 9 witnesses took back their testimonies saying that they saw Davis shoot the police man  Cole told people that he was the shooter.  What is Davis’ claim?  He is “actually innocent”  What do you think?  Arguments  Overrule Conviction :  8th amendment: protects cruel and unusual punishment  Contrary to social consensus  Does not serve goal of criminal justice (innocent people will not commit crimes, will not deter others b/c you are executing an INNOCENT PERSON)  Shocks conscience  Let Ruling Stand:  “Untainted” Trial: Davis had a fair trial, there was no error in the trial  Old claim: nothing new about claiming that he is actually innocent, he claimed it at earlier trials. He had trouble convincing people  Law does not permit requested relief: Davis requested to be let go because he was innocent.   What is justice?  “It just ain’t fair” - Justice and fairness don’t always come together. Justice isn’t always fair, what’s just isn’t always what’s fair.  Reasonableness is in the eye of the beholder: anyone can sue anyone for anything, reason for courts/law  Justice: deserved or appropriate treatment based on the circumstances   Crime, Justice, and Public Policy  Institutions of government enact laws to:  Define Crime (Make Laws)  Create Agencies to investigate, prosecute, and punish criminals (Enforce)  Operate the agencies of investigation, prosecution and punishment (Supplies)  Allocate resources to address crime (Money/Buildings)   Consequences of Crime  Sanctions  Sanctions are consequences intended to:  Deter people from breaking the law  Sanctions can be formal or informal; used with the law, or with family/friends.  Impact of Crime on Victims  Usually, criminals and their victims are of the same  Race  The Criminal justice system does not have the capacity to take every case to trial  Filtering (some things don’t go through the tiny cracks, somethings do, some things get taken out of system (minor offenses, justification for crime)) and Compromise (alternative sentencing, agreements to attend counseling/classes instead of prosecution, plea bargaining)   Serial Killer Gary Ridgway: Green River Killer  Pled guilty and helped find the bodies  Took death penalty off the table  Prosecutor made a deal with him that if he pled guilty and helped find the bodies he would not get the death penalty  Lots of people wanted him executed  Killed 40 female prostitutes because they were easy and nobody would care if they were gone-why should he care about them?   The Crime Control Model  The criminal justice value system that emphasizes the efficient arrest and speed in processing alleged criminal offenders  Uniformity (treat everybody the same no matter what)and Informality (do what you need to do to get people sanctioned/punished)  The most important function of criminal justice  The importance of finality (get it done!)  Reflection of public policy (general public will agree for the most part)   The Due Process Model  An emphasizes individual rights  Ensure fair and reliable decisions (no plea bargaining-people admit to crimes they don’t commit to get away with easier sentence)  Based on law (don’t care about speed or efficiency, just that you followed the law)  After formal proceedings (want trial on everything to prove everything!)  Freedom is so valued that guilty should go free rather than incarcerating innocent  Peaked in 1960s    9/13/11   Influences on Criminal Justice  Fear of crime  Is perception reality?  Misperceptions about people and situations. (waiting on street corner for ride, drug deal, robbery, etc-based on experience)  Different strokes for different folks.  Does fear make sense? (depends on neighborhood, time of day, etc)-(fear controls people)  Media Coverage  Inflates public fear of crime--Sweeps week-news about sex crimes, murders, etc to get people to watch or read newspapers so they get better ratings  Moral panic (9/11-people cancelled trips going near NYC or DC)  Most criminal behaviors are not crimes against persons and are non confrontational.  Focuses on violent crime  Television  Movies  Politics  Interest groups (lobbying)  Politics affects the criminal justice system in many ways, including:  Behavior of law enforcement  Money  The priorities that local justice agencies establish  Discrimination  Disproportionate impact  Targeting groups (teens at the mall)  Discriminatory laws (pretty much gone-Jews need not apply to job) (teachers-want younger teachers because they are cheaper)   Challenges to Criminal Justice today  Global Challenges  The freeing of markets, ease of transportation, and the internet have allowed crime to go global  Bio violence (spread disease)  Fighting cybercrime and terrorism (iphone app viruses)  Vs. Rights to privacy  Domestic Challenges  Growing prison population  High numbers of mentally ill in the prison  DNA analysis aids in confidence of conviction and also in freeing those wrongfully convicted.  Lack of DNA may be freeing people who would otherwise be convicted    9/15/11   Group Activity: Order of Crimes   1. Bomb kills 200 on plane  2. Forcible Rape where victim dies  3. Man stabbing wife-she dies  4. Operating Drug Range  5. Woman stabbing husband-he dies  6. Forcible rape where victim lives  7. Disturbing a neighborhood  8.Running numbers for a gambler  9. Running away from home  School Truancy   Tries to address reported and non-reported crime  Focuses mainly on victims and their victimizations  Implication is that many crimes are not measured under UCR  Group of unreported and unrecorded crimes is the dark figure of crime.  NCVS also helps understanding of secondary victimization, in which a victim is victimized again by the judgement of police, the courts, or friends.  Offenses covered: Rape, Robbery, Assault, Burglary, Larceny, Motor Vehicle Theft  What did they leave out and why?  Murder because the victim of a murder is DEAD.  Self Report Data  May give information about offenders who were not caught.  Anonymity protections of reporting allows offenders to reveal undiscovered incidents of crime  Or to brag about non-existent ones   Visible Crime  “Street crime” or “Ordinary crime”  We get most upset about this crime (because it is so visible)  Three types:  Violent-Crimes against people  Property  Public Order-Disturbing the peace  Visible Crime: Crimes against People  Crimes against persons are attacks or threats of an attack on a person’s body (don’t have to actually hurt them)  Both NCVS and UCR data shows general rise until a peak in the early 1990, then decline  Crimes against persons constitute a relatively small proportion of all crime;but  Have the most potential for causing greater damage to individuals  Age and Sex are important determinants of rate and type of victimization  Roughly 60% of violent crime, victims are male  Rates of male victimization since 1993 have declined faster than the female rate of victimization  Homicide  Unjustified killing of another person:  First Degree Murder: offender must have purposely killed his victim and must have planned to do so in advance (“Malice Aforethought”)  Manslaughter: a killed in which the offender is less blameworthy;  Voluntary: “heat of passion”; provocation  Involuntary: Carelessness; “Negligent Homicide”  Assault and Battery  Assault and Battery is a harmful or offensive physical attack by one person upon another (assault- no touching, just putting fear, battery- touching)  Like homicide, it usually starts with interpersonal conflict, and escalates to violence.  Sexual Violence  Sexual Victimization means “forced or coerced sexual intimacy” (Trickery)  Victims are likely to know their assailant  One of the least reported crimes (embarrassment, family says not to say anything to protect someone else, etc.)  The closer the relationship between offender and victim, the less likely the victim will contact the police  Robbery  Use or threat of force in taking someone’s goods     9/20/11   Assault and Battery- 2 elements  Assault  Battery   Visible Crime: Property Crimes  Property crimes include the taking of money or goods without the use of force  About 75% of crime  More common in more populated areas  That’s where most of the property seems to be  People over 65 experience more property crimes than other age groups  Burglary:  Entering another’s property with the intent to commit a felony  Larceny:  Complete/attempted taking of cash or property from a location without attacking or threatening victim and without obtaining permission (you are busy and someone grabs your bag when your not looking)  If there is a threat/attack that is ROBBERY.   Visible Crime: Public Order Crime  Usually Less Serious  Disturbing peace  Obscene Language  Public Drunkenness-not illegal in our state  Public order crimes are believed to be harmful to society in general or to the person who commits the crime.   criminal behavior is a product of biological, psychological, and/or social forces that are beyond a person’s control (no mind of their own)  Impact: The first theory that supposes that “outside” factors have an impact on a person committing a crime.  Punishment does not necessarily prevent deviant behavior.      Biological Factors: part 1  General proposition:  Differences in the biological and psychological makeup of individuals affect likelihood of criminal behavior  Brain functioning may be affected by disease, injury, or the effects of such chemical agents as alcohol and drugs   Biological Factors: part 2  According to Lambroso:  Criminals are different from us  Phrenology  Craniology  Atavism: Primitive Traits  Heredity, alcoholism, epilepsy, or syphillis  Implication: The goal is incapacitation since crime is not a choice.   Finishing Biological Theory  Body Type Theory (Sheldon)  Mesomorphs: muscular (more apt to use physical force to get what they want)  Ectomorphs: thin (cant use power, strength. use their minds to get what they want)  Endomorphs: in between (good supervisors, good at getting what they want through other people)  Implication: More to determine character of a person who commits crime than preventative implications   Psychological Factors  Focus on:  Mental Conditions  Personality disturbances  Limited Intellect  Implication: People with personality disorders and mental illness should receive treatment rather than punishment   Sociological Factors  Sociology is the study of human beings within their social environments and includes looking carefully at how people behave and interact in societies  Sociological Theories  Social Learning Theory  Social Learning Theory suggests deviant behavior is learned by interaction with others.  Differential association theory suggests that criminal behavior is learned during normal social interactions (which also reinforce criminal and law- abiding behavior)  Family members and peers are major influences  How a person behaves is also influences by his experiences with the behavior of others  The socialization of every individual involves internalizing the rules for appropriate behavior  When Adversity leads to crime: Strain Factors  Strain Theory proposes that certain pressures make a person more likely to commit crime  Strain factors can come from a variety of sources  Feelings of alienation: hopelessness, isolated, disillusioned, frustrated (anomie)  Inability to achieve ones life goals  The Life course Delinquency Perspective  Many criminal careers begin with youth crime, but can change with “turning points”  Social Control Theory  Close associations with important institutions control behavior (don’t want to disappoint/embarrass)  Weakened associations reduce control (people separated from family or homes are more likely to be criminals/have deviant lifestyle)  Labeling Theory  Low expectations leads to low performance leads to reinforcing low expectations  Conflict Theory  Conflict between the wealthy/powerful (want to keep it) and the poor/powerless (want to get it) (Haves vs. Have Nots)  Conflict leads to frustration  Frustration leads to more conflict  Status Theory  Search for status will propel our behavior  Middle class values predominate  People adjust to those values  As people gain status (move out of certain areas) they move away from crime (crowded areas=more powerless/poor people).  Neo-classical Criminology  Greater use of incarceration  Sentencing Reform  Criticism of rehabilitation (said it did not work)  “Get Tough” 80’s (lots of prisons built)  The classical theorists are right, except,  There are individual differences (not all murderers get put away for the same time-depends on situations)  Developed in England  Appointed judges throughout England-road on a circuit  Royal Judges carried with them a consistent set of rules (common practice of law)  Relies on precedent (relying on previous decisions on similar cases)  Foundation of United States law-Why?  Don’t want to keep changing what we are doing, if we couldn’t count on the Supreme court, we would just keep guessing on what to do.  Modern sources of law in the united states  Statutes (substantive) Law  Felonies: Most Serious, punishable by 2 years in prison to death  Misdemeanors: Less serious offenses, punishable for our purposes, sentences less than 1 year in jail  Ordinances: Punishable by short period in jail (90 days) and fines  Procedural Law:  How agencies are supposed to operate  Case Law  Appelate court at any law makes a decision on a case that changes practice on a law  Big impact on how laws are decided  Only valid in area that court serves  Civil and Criminal Laws  Civil Law : governs relationships between individuals (tree branch fall on neighbors head)  Party who initiates law suit is the plaintiff  The other party is the defendant  Criminal Law:  Operates under the assumption that society, rather than an individual-has been injured by the defendants actions (taking branch and hitting neighbor on purpose.  Civil Vs. Criminal Laws  Only government initiates criminal cases  Only criminals can lose freedom  More legal protections in criminal case  Guilt Vs. Liability  Size of Jury (usually)  Civil Jury: 6  Criminal Jury: 12  Injured party has more control of case in Civil Matters  Standard of proof is different: Beyond reasonable doubt   The Legal Elements of a Crime (use this, not book answers)  Corpus Delicti- Proof that a crime has been committed (Act+Agent)  The state must prove that a crime has been committed  The prosecutor must show that:  A defendant’s criminal action was the product of his criminal intent and that this intended action (or failure to act) resulted in harm or injury to the victim   Principles of Criminal Law/Elements of a Crime  Legality  Actus Reas: Guilty Act (act not status- being drunk vs. being a drunk)  Causation: Did the act cause harm  Harm: Has to be harm to a person or group  Not necessarily injured, just harmed  Concurrence :Connection between intention and the act  Meaning to do what you did  Mens Rea: The guilty mind  Punishment  Elements: Actus Reas, Causation, Harm, Concurrence, Mens Reas   Group work  MCL 750.110-Breaking and Entering  (1) A person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, story, shop, warehouse, barn, granary, factory, or other building, structure, boat, ship, shipping container, or railroad car is guilty of a felony punishable by imprisonment for not more than 10 years.  (2) As used in this section and section 111, “shipping container” means a standardized, reusable container for transporting cargo that is capable of integrating with a railcar flatbed or a flatbed semitrailer.  Actus Reas: Guilty Act-Breaking and Entering  Mens Rea: Guilty Mind-Intent to commit  Casual Relationship: Person with intent  Harm: Felony, Larceny  Concurrence: commit a felony or larceny therein   9/29/11   Derrick Robie  Murdered by a neighborhood kid   The legal elements of a crime  Inchoate Offenses  A crime in which the person has mens rea, and takes steps to commit the actus reus, but is unable to complete the offense  May still face criminal liability  Attempt is a common inchoate crime Overview Of Policing 11/03/2011  It’s not east being -- blue  Stress:  External: Traffic stop, arrest, domestic calls  Internal: Work shift (bad hours), Family disruptions  Isolation:  Suspicion to public  Nobody likes the cops until you need them  Moral Dilemmas:  Goal of preventing crime vs. inability to do so  Crime never stops-crime every day  Working outside of the procedures (consequence)  Referee syndrome (no matter what they do, half of the people will get mad-can’t make everyone happy)   10/4/11   Defining Policing  The term law enforcement has been used synonymously with policing   Some history from Olde England (our system based on england)  Alfred the great (9th century)  “All for on and one gets all punished”  Requirement to give assistance  No sanctuary  “tithings”/”frank pledge”  The reeve of the shire (oversees law)   History of policing  Vigilantism: (unnofficial police power in community set up to enforce norms-not paid)  Volunteer self-appointed groups organized to suppress crime and punish criminals.  Usually present when there is not an organized law enforcement present  Flourished from the mid-1700s to about 1900.  Tightly organized or “ad hoc”  Historically enforced the norms rather than laws  Slave Patrols: (formally organized, paid people to protect police function)  First publicly funded city police agencies  Prevent runaways, prevent insurrection, and subdue rebellions  South Carolina, then virginia    Development of “Policing” in 1800’s  Fragmentation of Society  Duties related to prevention/control  Control vice/riots/fires/public health  Nothing compared to things we deal with today  Advent of “Crime Fighter”  Change in expectations  Reform: To meet community expectations  Technology  Equal enforcement of the law  Incorporation of new technology (communication/transportation)  Personnel procedures based on merit  Fighting crime as primary duty   History of Policing: Community Policing Era  Generally 1970’s to PRESENT  Some things we disagree with  People think we are moving back to professional era  Emphasis on positive public relationships  Riots/brutality claims precipitate review  Public sees crime now on TV not just reading  Increase in Federal Assistance  More Money  Growth in police unions  Principles:  Problem Solving best done at neighborhood  Local Problem solving  Citizens active in fighting crime   Structure of the Law enforcement system  Sworn PersonnelI are those entrusted with arrest powers, usually referred to as peace officers  Sheriff Departments (+/- 3100 and 175K)  County Jurisdiction  Police Rural areas (no other active police)  Operate County Jail/Security  Provide security in courts (bailiffs)- SOMETIMES (other times private security/retired officer)  Serve Civil Papers  Tend to serve large areas with fewer people  Local law police departments (+/- 12,800/447K)  Authority is by local government action  City/Municipality (township/village)  Smaller jurisdiction, but more people  Enforce laws and ordinances  State Law Enforcement Agencies (49/59K)  Authority by State Legislature  Role defined by state law (Highway Safety/enforcement/technical support)  Hawaii doesnt have one  Tribal Police Agencies (+/-135)   Federal Law Enforcement  Department of Justice (DOJ)-Executive Branch of Government  Limited in scope  Federal Law enforcement agencies  FBI : terrorism/foreign intelligence threat/crimes  DEA : Enforcement of controlled substance  ATF : Cigarette tax/bootlegging/guns  Marshalls: fugitives/WitSec/Transport prisoners  Deal with violations of federal statutes ONLY unless invited in to deal with local statutes  Homeland Security  A new “Era” of policing?  Response to 9/11/2001 terrorism attack  Coordinated 22 agencies  Border and Immigration enforcement  Diverts money from other agencies   10/6/11   Recruitment, Selection, and Training  Recruitment  Finding qualified people--Hard because:  Pay (not as dependent as other fields)  Negative connotations (had bad previous experiences with police officers)  Ongoing demand for officers  Ongoing turnover (retirement after 20 years usually)  Agencies use a wide range of recruitment avenues  Ads  Colleges/Universities  Other police agencies  Selection  Physical Fitness  Character  Change department tolerances  Take bad officers to jail  Transparency in management  Changing public tolerances  Abuse of power: Force  Force is excessive when, considering all of the circumstances known to the officer at the time he or she acted, the force was unreasonable  Can be abusive language, actual force or coercion, threats, harassment (discrimination)  Discrimination includes Race, Sex, Age, Sexual preference, position   Abuse of Authority  Attaining Integrity  Professional Standards  Management function by training and supervising  Investigating and resolving complaints Policing Operations 11/03/2011  Policing Roles: 3 Roles  Maintaining order-Keeping the peace  Preventing crime  Enforce non-criminal regulations  Return stolen property  Enforcing the law  Investigating violations  Enforcing violations  Arrest when needed  Service activities  Non-law enforcement activities  Directions  Helping Elderly  etc.   Police Patrol Strategy  Patrol deters crime (visibility)  Keeps the peace  Quick response to emergencies  Arrest Criminals  Give assistance to criminals in need (car problems-flat tire)  Move traffic and people along  Atmosphere of Safety   Strategy: Reactive Patrol  Call for Service  Discretion-which calls are serviced and in what order  “Differential Police Response”  Most calls do not require fast response  Saves department resources  Minimal reduction in arrests  Demands public education (transparency)   Strategy: Preventive Patrol  Random Patrol (not the same place every day-different patterns on different days)  Visibility Deters Crime (never know when police are going to come, but you know they will, less likely to commit crime)  May move, rather than stop, crime   Strategy: Aggressive Patrol  Pay attention to violations as encountered  No crime too small (jaywalking/littering)  Broken Windows Model  Neighborhood disorder creates fear  Giving out crime promoting signals  Emphasize public order crimes  Low level offenders become serious offenders (let people get away with small things, they will start doing big things)  Reduces Fear  Hot spots/Hot times  Demands of citizenry  Administrative requirements of the agency  Agendas of local government leaders (they fund us, we honor what they want-as long as its legal)  Policing strategy in practice  Local Politics   Responding to Diverse Populations  Elder Adults  People with Disabilities  The mentally ill  The homeless  Recent immigrants  Different Cultures  POLICE HAVE TO ADJUST DEPENDING ON WHICH POPULATION THEY ARE DEALING WITH. Legal and Special Issues in Policing 11/03/2011  Arrest  An exercise of power to deprive a person of his or her liberty, keeping person in custody by legal authority, in response to a criminal charge  Any act that indicates an intention to take the arrestee into custody and that subject the arrestee to the actual control and will of the person making the arrest.  Taken by police officer and you are no longer allowed to leave  Supported by probable cause  Reasonable grounds for belief of guilt  Based on the conclusion of a reasonable, prudent, person  Committed a crime, or about to commit a crime  With a Warrant  Based on probable cause  Best way to make an arrest-never will get in trouble for arresting someone if they have a warrant  Without a Warrant  Crime is in progress  See someone breaking into a store, stealing a car  Probable cause to believe a crime has been committed by a particular person   The Fourth Amendment  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and 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.  Protects residents from “unreasonable searches and seizures”  Searches and Seizures  Applies only to government agent  Reasonable expectation of privacy  A seizure: people/property not free to leave when officers “assert authority”  Searches can occur with, or without warrants  The Exclusionary Rule  Evidence obtained in violation of an individuals fourth amendment rights cannot be used against that individual in a criminal trial  No warrant  Illegal Search  Exclusionary rule is very strict  Illegally seized evidence is excluded even if it is the only evidence  Doesn’t matter what the person did and how they did it-if it is excludes you cant use it no matter what.  Dollree Mapp Case:  Suspect in bombing  Went to search her house to look for illegal equipment  Dollree Mapp said you cannot enter unless you have a warrant  2 officers left, 1 remained  So someone doesn’t leave or hide/move things around or get rid of evidence  Lots of officers come back with paper saying its a warrant- break into house because Dollree still won’t let them in  Dollree asks to see warrant, they say no, she takes warrant and sticks it in her dress.  Officers take paper away and arrest her because she’s being belligerent  Search the house and don’t find anything, but they found pornographic materials  Arrested for possession of pornography, found guilty even thought she claimed it wasn’t her suitcase  Case was thrown out of court---Mapp vs. Ohio   Illinois V Gates (1983)  Police department receives anonymous letter saying Mr. Gates and his wife are selling drugs  Wife would drive car to Florida on May 3 and the husband would fly down to drive car back  Car’s trunk would be loaded with drugs, Gates’ had 100k worth of drugs in house  Consent  To claim your rights you must assert your rights!   Minnesota V Dickerson  While conducting pat down search of a suspects outer clothing, items in pockets or clothing may be seized as evidence if they are immediately identifiable by touch as weapons or contraband  Plain Feel Doctrine    10/18/11   Mapp Vs. Ohio  Important case for exclusionary rule   Weaks vs. San Fransico  Conduct a search after arrest  Found evidence of suspected use of U.S. mail to transport lottery tickets  3 Searches with no warrant (took away some documents)  Weaks filed suit to have papers returned to him (especially not relevant ones)  Petitioned to have all evidence excluded--Thrown out at trial  Supreme court orders these searches illegal and all legal documents must be returned to Weaks   Exclusionary Rule  Any evidence that is obtained illegally cannot be used (illegal confession or searches)  Exceptions:  Good Faith Exception: If officer has reason to believe they were acting legally (not just pretend)- Confusion on warrants  Independent Source: Someone else gives them the information and police did not initiate the action--Not acting as agent of the police--not illegal finding  Inevitable Discovery: The evidence would eventually be found. (man kills girl, tells police where to look without lawyer-still can be used)  Illegally obtained evidence against one person can be used against somebody else  Silver Platter Doctrine: One police agency collects evidence of wrong doing and finds they cannot use it, they give to another police agency to use the evidence against the person   Fifth Amendment  No person shall be held to answer in a capital (punished by death) or otherwise infamous crime unless on the presentment or inditement of the grand jury except in cases arising in the land or naval forces,or in the militia when in actual service in time of war or public danger;nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property, without due process of law;now shall private property be taken for public use, without just compensation  Self Incrimination  Can’t be forced to give evidence of own interest  Double Jeopardy   Escobido Vs. Illinois  Arrested on suspicion of murdering brother in law  Released after questioning  Got evidence about 10 days later saying they saw him do it  Police say they will get him a lawyer when he asks, but they want to talk to him first  Escobido confessed after presented evidence without his lawyer present  Convicted of Murder  Due Process  Don’t always have the right to the council that you want- Can’t afford an attorney, government will find one for you  Wave your right to an attorney    Miranda Vs. Arizona  Charged with kidnapping and sexual assault of Young Girl  March 1963  Miranda Laws  Wasn’t told of his rights prior to questioning.  Interrogators come out with written confession two hours later Including typed statement that Miranda signed that he knew his writes and he knowingly waved his rights  2 weeks later doesn’t get a lawyer at hearing and at court his lawyer objects to what Miranda signed  Convicted  Supreme court over ruled it and stated he was never informed of his rights, retried and convicted again without confession  Served 11 years   Miranda Rights  Right to have attorney present at anytime during interrogation  Right to remain silent and refuse to answer questions  Right to consult with attorney  Cannot afford attorney state will provide one for you  Anything can be used against you in the court of law  Exceptions:  Threat to public safety (bomb)  Spontaneous utterance  Suspects can wave their 5th amendment rights    6th Amendment  • Committed a crime, or about to commit a crime  • With a Warrant  • Based on probable cause  • Best way to make an arrest-never will get in trouble for arresting someone if they have a warrant  • Without a Warrant  • Crime is in progress  • See someone breaking into a store, stealing a car  • Probable cause to believe a crime has been committed by a particular person   The Fourth Amendment  • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and 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.  • Protects residents from ?unreasonable searches and seizures?  • Searches and Seizures  • Applies only to government agent  • Reasonable expectation of privacy  • Seizure: people/property not free to leave when officers ?assert authority?  • Searches can occur with, or without warrants  • The Exclusionary Rule - Evidence obtained in violation of an individuals fourth amendment rights cannot be used against that individual in a criminal trial  o No warrant  o Illegal Search  o Exclusionary rule is very strict  o Illegally seized evidence is excluded even if it is the only evidence  o Doesn’t matter what the person did and how they did it-if it is excludes you cant use it no matter what.  o Exceptions:  ♣ Good faith exception  ♣ If police did not initiate action; someone finds evidence & turns in  ♣ Inevitable discovery – Got illegally, would have gotten legally anyway; people were searching anyway    • Dollree Mapp Case:  o Suspect in bombing  o Went to search her house to look for illegal equipment  o Dollree Mapp said you cannot enter unless you have a warrant  o 2 officers left, 1 remained  o So someone doesn’t leave or hide/move things around or get rid of evidence  o Lots of officers come back with paper saying its a warrant- break into house because Dollree still won’t let them in  o Dollree asks to see warrant, they say no, she takes warrant and sticks it in her dress.  o Officers take paper away and arrest her because she’s being belligerent  o Search the house and don’t find anything, but they found pornographic materials  o Arrested for possession of pornography, found guilty even thought she claimed it wasn’t her suitcase  o Case was thrown out of court---   • Mapp vs. Ohio  o Search Week’s home & investigate him – No warrant  o Search – U.S. Mail to transmit lottery tickets  o Illegal search; return documents unless illegal property  o (Exclusionary rule)  o Silver Platter – Give to another police agency illegally   • Illinois V Gates (1983)  o Police department receives anonymous letter saying Mr. Gates and his wife are selling drugs  o Wife would drive car to Florida on May 3 and the husband would fly down to drive car back  o Car’s trunk would be loaded with drugs, Gates had 100k worth of drugs in house  o Acting on tip, police officer found where they lived and that Mr. Gates had plane ticket to Florida  o DEA watches flight -- Mr.Gates took flight stayed overnight in motel room registered in Mrs. Gates name.  o Leaves the next morning with a women with an Illinois license plate issued to husband . Gates headed north on an interstate highway used by travelers in the area in which the couple lived.  o In a Search warrant for the gates? home and auto was obtained based on officer’s affidavit using facts and the anonymous letter.  o Gates get home, police were waiting and discovered drugs in car and home!  o Was this legal search and seizure?  o They had a warrant... was there probable cause?  o Trial court ordered suppression of all items seized and the Illinois appellate court confirmed. The Illinois supreme court also affirmed the decision, holding that the letter and affidavit were inadequate to sustain a determination of probable cause to issue a search warrant.  o U.S. supreme court disagrees  o Two prong test: veracity and reliability  ♣ That the informant with a basis of knowledge should be used in a common sense context  ♣ Totality of circumstances   Searches with a Warrant  • Reasonableness-Probable Cause  • Ordinarily the government must obtain a warrant before its agents can conduct a search or seizure  o Do not have to wait to be charged to have an attorney; always have the right to have one – Absolute in any procedure  ♣ Not always right to have the person you want; but you get one.  ♣ Have right to wave, can represent yourself   • Ernesto Miranda vs. Arizona Case  o Charged with kidnapping & sexual assault  o 1963  o Victim identifies him, taken into interrogation  o Was not told could have a lawyer  o After 2 hours of interrogation, come out with confession  ♣ Confession included typed, signed statement:  ⎥ “Full knowledge of legal rights, any statement may be used against”  ⎥ “Knowingly waved rights to an attorney”  o 2 Weeks later – Realizes made bad choice, still no lawyer  o Lawyer does not use signed confession; is overruled  o Convicted of rape, 20 years  o Supreme Court says retry case; cannot use confession; was not advised of rights  o Convicted second time without confession; 11 years  o Miranda Rights – Before you can be questioned, must be considered a suspect  ♣ Right to remain silent  ♣ Any statement can and will be used against you  ♣ Right to have an attorney present at any time during questioning  ♣ Right to consult with attorney privately  ♣ Cannot afford attorney, state will provide attorney for you  ♣ Exceptions:  ⎥ Public safety exception - Allows police to dispense with warnings if there is concern for safety  ⎥ Spontaneous Evidence – Someone “blurts” something out; can be used  ⎥ Suspects can wave fifth amendment rights   • Investigation of a Juvenile  o Ex Robert Case – Young guy arrested for murder (Michigan)  ♣ Questioned for long period of time, pictures of victim  ♣ Eventually confessed because felt he had too.   The Sixth Amendment  In all criminal cases, right to speedy and public trial – Soon & in public to ensure fair. Impartial jury of the state or district, where the crime was committed – Not entitled to jury of our peers. Informed of nature of accusation, must be given certain information.   Courts 11/03/2011  Court structure and Jurisdiction  Jurisdiction: The authority to preside over a case, based upon geography and/or type of case  Federal Courts  Involve federal law or the federal constitution  Involve citizens of different states and at least $75,000 in controversy  United states is a party  Structure:  United states supreme court  Choose the cases they wish to hear  No one has the right to have their case heard in supreme court  Issue opinions  No appeal  United states court of appeal  Geographic jurisdiction  Cases involve constitutional issues  United states district courts  At least one per state  Primary trial court of the federal system  All judges are nominated by president and serve during time of good behavior, once appointed cannot get rid of unless bad behavior.   State court structure  Pyramid  Supreme court  Intermediate appellate courts  Oversees conduct of courtroom  Settles questions of evidence and procedure  Guides questioning of witnesses  Instructs Jury, if jury  Decides case if not jury  Imposition of sentence  Adjudicator/negotiator/administrator (functions)   Selection of State Judges  State establishes qualifications  Education-law school  Age: Minimum/Maximum  Years of practice  Appointment by governor  Election  Missouri Plan  Judges appointed, at end of term, there is evaluation  Kick off bench, or let them stay    Courtroom Workgroup: Prosecuter  Will charge be brought?  What charge  What sentence to recommend  Chief law enforcement officer (local)  Guide prosecution in court (directly/indirectly)  Four Roles:  Trial Counsel  Legal Advisor  Officer of the Court  Elected Official   Duty of the Prosecutor  TO SEE THAT JUSTICE IS DONE  No matter what they look like, history, or if guilty   Development of Prosecution Policy  Who/What to prosecute  Sufficient Evidence to go to court  Efficiency: Move cases through the system  Effectiveness: Can I win the case  Dealing Sentences  Nolle Prosequi: Not to prosecute   Federal Prosecution Guidelines  Prosecution priorities  Seriousness of offense  Deterrent effect of prosecution  Level of culpability  Criminal history  Willingness to cooperate against others  Probable sentence   Right to counsel  Everyone has the right to counsel  Assigned Counsel (cannot afford)  Contract  Public Defenders  Random assignment   Courtroom Workgroup: Defense  Defendant has absolute right to attorney  Representation at all steps of the process  Pre-Trial release  Best (lowest) charge possible  Prevent Conviction  Best sentence  Appeal  Attorney-client privilege  Tactics: Over charge, add charges, demand trial, demand jury trial, multiple motions, alter schedule  Step 6: Trial  Fifth amendment rights o Double jeopardy-protection from repeated trials for the same crime o Cannot be punished twice for the same offense o Can be tried in different states or federal courts o Can be tried for different charge  Legal Issue: Plea Bargaining o Hayes is charged with forgery=2-10 year penalty  Prosecutor offers Hayes 5 year sentence if he pleads guilty  If he does not plead guilty he will be charged as an habitual offender which could result in a life sentence if convicted  Hayes refuses, convicted, and sentenced to life  Bordenkircher v. Hayes  Court of appeals: The threat violates Hayes’ rights under the double jeopardy clause of the 5th amendment (voluntariness)  Supreme court: Due process rights not violated. There is a legitimate interest is convincing defendant to give up the right to pleade not guilty. Threatening a stiffer penalty is legal and part of any legitimate system which tolerates and encourages the negotiation of pleas. o Ricketts is on trial for murder  He agrees to testify against co-defendants in order to get a better sentence (not death)  He does, they are convicted, but their conviction is reversed.  At the retrial, Ricketts refuses to testify, saying he fulfilled his part of the deal by testifying  Because the agreement said the deal was null and void and the parties would return to the positions they were in before the agreement. Ricketts is charged with Murder  He appeals the cancelling of the plea deal and loses his appeal in appellate court  He now offers to testify  The prosecutor rejects his offer to testify.  He is tried for the murder and sentenced to death.  He appeals his conviction based on the fact that he kept his part of the bargain, which did not include the possibility of a second trial, and double jeopardy issue.  Rickets V. Adamson  Supreme court: the conviction did not violate double jeopardy because it was Ricketts who breached the plea agreement.  The court found rickets understood the meaning of the plea agreement, knew the seriousness of his position, and his offer to testify after losing on appeal is of no importance since by that time his second degree murder conviction had been eliminated.  Defendant rights o The sixth amendment-the right to counsel and a speedy trial  Begins to protect as soon as formal charges are filed  Afford several rights:  Right to counsel  All stages of proceedings o During preliminary hearings, plea bargaining, police interrogations, and lineups that occur after a defendant has been charged  Right to a speedy trial  Right to a jury  Right to confront and cross-examine witnesses  Trials: o Bench Trials-Judge makes the decision o Jury Trial-In front of judge, Jury makes decision  Applies to criminal cases with sentence of 6+ months  Jury must be impartial  Minimum of 6 o The criminal Trial:  Due process-Providing fair and equitable Treatment  Procedural due process : processes and methods used to try people for crimes cannot be arbitrary or unfair  Substantive due process : the government cannot unfairly deprive people of certain fundamental liberties.  Burden of proof and standards of proof  All criminal cases begin with presumption of innocence  Burden of Proof: The burden of proving every element of a side’s claim  Prosecution bears the burden of proving every element of crime  Defense may also have burden of proof for a particular assertion o The stages of the trial  Jury Selection  Voir Dire (selection of who is going to sit on a jury)  Excluding Jurors for Cause:  Reason given and approved by Judge  Ability to make fair decision  Unlimited challenges for cause  Excluding Jurors for preemptory challenge:  No reason or undisclosed reason  Cannot eliminate jurors on basis of race, ethnicity, or sex  Limited in number  Prosecution opening statement  Outlines Theory of the case  Eighth amendment protection against cruel and unusual punishment  What is “Cruel and Unusual punishment”?  Sentence disproportionate to offense  Sentence beyond the jurisdiction of the court  Sentence is not authorized by statute  Sentence of conditions of confinement goes beyond what is acceptable to society.  Habeas Corpus  Protection against illegal detainment: Article 1, Section 9 of constitution  “You have the body”  A written judicial order requiring that a prisoner’s case be reviewed in court to determine if the prisoner is being held unconstitutionally.  Presentence investigation reports  Information supplied to a trial judge for making a sentencing decision, normally contains o Personal History of the offender o State and defendant version of offense o Personal data: education family, psychological/psychiatric, drug, alcohol o Victim impact statement (usually) o Sentencing recommendation   Goals of Sentencing  Retribution:  “Something Deserved”  “Getting even”-punishment for itself  Deterrence: Punishment meant to serve as a lesson that such behavior will not be tolerated and that those actions will be punished  General deterrence o General Public-stop everyone else  Specific Deterrence o Individual- stop that one person from violating the law  Incapacitation:  Take you out of circulation  Imprisonment or death to prevent Recidivism (repeating law violations after already being caught once)  Rehabilitation:  Focused on aiding offenders in changing their lives  Correct the offender through vocational and/or educational training or therapy  Restoration:  Repair damage to victim and community  Community involvement  “Balanced and Restorative Justice”   Models of Sentencing  Determinate Sentences  Sentences determined by statute  Certain penalty for certain criteria  Automatic release after term minus good time  Indeterminate Sentences (juvenile courts)  Sentence fitted to the offender  Recognizes the offender returns to community  Minimum and maximum  Early release dependent upon behavior/progress  Presumptive Sentencing  A legislature sets minimum (presumed) sentence  Judge has to justify deviations o Aggravating circumstances o Mitigating circumstances  Abolishes discretionary Parole (no credit for good behavior or programming)   Sentence vs. Actual Time  Factors affecting time served  Parole Boards  Good time  Credited Time served  Jail Overcrowding  Truth in sentencing  Substantial portion of sentence served  Budgets  Not enough money to keep big jails/prisons going Sentencing Guidelines  Will tell you how kinds of groups will do, but now an individual Capital Punishment  Punishable by execution  Corrections: Society’s efforts to punish and treat those who break the law; and thereby protect the public o Programs, services, and facilities that deal with offenders o Institutional Corrections: Incarceration in jails and prisons o Community Corrections: Post-incarceration programs, including probation and parole  What do we want corrections to do?  Protect us  Deter Crime  Rehabilitate Offenders  And how do we do it?  Is it possible to put too many people in prison?  Probation: Instead of going to prison/jail, not deprived of freedom, remain in community, but supervised by an agent of the government  Jail: County facilities under direction of sheriff-short term offenders (less than a year)  Prison: people incarcerated for more than a year, larger institution  But also  Halfway houses: Not locked up, needs some supervision, not ready to go back into community (stop between prison and home)- serve between probation and consideration of prison also.  Work Release: Person incarcerated at night, but during the day they can go to work.  Fines: Often in place of any other form of corrections. Origins of Corrections  Early forms of confinement/correction o Short and Not-so-sweet: Just had to correct behavior fast, no systems invented yet, direct action (confine someone and then punish) o “Plaque towns”: Send people when they were sick-confined there. Criminals got sent there too so that they would get sickness and eventually die. o “Galley Slavery”: make criminals row until they died. o Branding o Lopping off body parts o Banishment o The workhouse-beggars, vagrants, debtors-work off debt o Hulks: abandoned ships set as prisons: criminals tied up somewhere o Stocks o Early Jails o Penitentiary  Purpose was isolation  Reflection, repentance, reform Penitentiaries: Confinement System  Separate living quarters  Limited communication  Solitary Labor, Bible Reading, Reflection  Usually confined to cells The Congregate System  Isolated at night  Work in groups (congregate together)  “Rule of silence” o As the key to discipline The Reformatory Movement  First time changing something!  New Ideas in Prisons and Punishment o Inmates (people) can change o Parole (reward of being reformed) –If criminal changes, put change to use. o Indeterminate Sentencing o Emphasis on Training (skill building) – So they can go out and do something with their life.  Classification/Evaluation  Look at what people need, their situation.  Don’t assume everyone is the same o Age o Sex o Level of Education o Crime they committed  Failure of Reform  Prison violence increased  Prison costs increased  Cycle of reforms to the system: o Increase in costs and violence, lead to… o Rehabilitation/Community Models, the failure of which led to… o The Crime Control Model, the cost and failure of which led to… o The Community Corrections Model The Rehabilitation Model  Improve the conditions that lead to crime