Intro to Crim. Test 2
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an offense of gathering, transmitting, or losing information related to national defense in such a manner that it becomes available to enemies.
- Convicted of espionage
- Shared information to the Soviets
- from 1978-2001
1st degree Murder
- An unlawful killing of a human being
- intentionally without out planning (aforethought)
2nd Degree Murder
killing without malice aforethought
Crime of passion malice in the since of hatred or spite
Manslaughter (third degree murder)
- Murder without the intent to kill
- the defendent acted in a negligent or reckless manner
- Exp. speeding and causing an accident.
- Legally can defend your house from intruder
- even if it leads to murder
Justification Defenses for Murder
- Castle Doctrine
a statement or contention that an individual was distant when the crime was commited or engaged in other provable activities.
protection of oneself or of one's property
Excuses for Defenses for Murder
- Age: less then 8 years old
- Diminished Mental Capacity
- Duress (being forced)
the defense that at the time of the crime the person did not know what he or she was doing or that it was wrong.
- Collateral Estoppel
- Selective Prosecution
- Denial of a Speedy Trial
- Prosecutorial Misconduct
- Police Fraud
an improper or illegal inducement to crime by agents of law enforcement.
- the Fifth amendment
- a person can not be trailed twice for the same offense.
- a person can not be retried for a crime if there was a valid and final judgment made.
- Exp. a person can not be retried if they already had an alibi for the same crime
protects agianst unfair bias such as race, gender, age, friendship and religion.
Denial of a Speedy Trial
- 6th Amendment
- the right to have a speedy trial to avoid having inocent people in jail.
- Knowinly permitting false testimony
- Hiding info that will help the defense
- Make biased statements to the jury in closing arguments
Police commiting fraudulent activities
- The National Commission on Law Observance and Enforcement.
- He con cludded that prohibition was unenforceable and potentially can cause police corruption.
- Law Enforcement Assistance Administration
- was a way for police officers to acuire the latest technologies and adopting new enforcement methods.
Kansas City Experiment
The experiment with the three parts of the city. They concluded that Police Omnipresence did not work.
- Minor crimes
- disorderly conduct, writing bad checks, simple assult
- typically one year or less in jail
- Serious crimes
- murder, rape, aggrevated assult, robbery, burgulary
Father of modern Policing
NYPD came up with this idea of plotting crime
Community with overwelming crime
- Wilson and Kellings
- Emphasizes the undrlying issues in criminal communities
Did the experiemnt with the abandonded cars in LA and the Bronx
Reasons for Policing
- Prevention of Crime
- Enforce the law
- Community needs
Why is foot patrol effective?
- Gather information
- More social cohesion
Foot Patrol Benefits
- Can go places cars cannot
- Can interact with the community
- Can see things better
What brings people to gether in society
- The Era police had close ties to political officials
- They tended to the needs of those in power.
- The era when police focused on professional crime fighting
- They focused on traditional crimes such as murder, rape, burglary, and capturing offenders.
Community Policing Era
- The era when police stressed the service to the community
- Partnership with the community and the police
Watchman Style of Policing
- Wilson calls order maintenance (maintaining order)
- More so found in lower class
- Informal policing
- exp. persuasion, threats, or even roughing up disruptive people.
Legalistic Style of Policing
- Follows the law down to the specifics
- exp. driving 72 in a 70 and still getting a speeding ticket.
- Has a lassiez-faire approach on disturbances that are not illegal
Title 1 of the Violent Crime Control and Law Enforcement Act of 1994
Financially supports NLETS
- Justice and Public Information sharing Network
- A system that contains all arrests
- A server that allos communication within federal agencies
The time when police can use thier choice
Bill of Rights
Designed to protect citizens against abuses of police power
Rights Guaranteed by 4th Amendment
- Against unreasonable searchers and seizures
- Against arrests without probable cause
Rights Guaranteed by 5th Amendment
- Against self-incrimination
- Against "double Jeopardy"
Rights Guaranteed by 5,6, 14th Amendment
The right to due process of law
Rights Guaranteed by 6th Amendment
- Speedy trial
- jury trial
- know the charges
- cross-examine witnesses
- to a lawyer
- to compel witnesses on one's behalf
Rights Guaranteed by 8th Amendment
- to a reasonable bail
- agaisnt exessive fines
- against cruel and unusual punishments
Rights Guaranteed by 14th Amendment
the applicability of constitutional rights to all citzens, regardless of state law or procedure
All incriminating information must be seized according to constitutional specifications so due process or it my not be used as evidence.
Weeks vs. US
- Exvlusionary Rule
- Police illegally seized his property so it was not allowed to be used in court and he was then let go.
Silverthorne Lumber Co. vs. US
- Similar to Weeks vs. US
- Illegally seized evidence cannot be used in a trial, neither can evidence be used that derives from an illegal seizure.
Fruits of the Poisonous Treet
- The Silverthorne Case
- a legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure.
- Mapp v. Ohio
- Exclusionary Rule
- Liberal Rights
Mapp vs. Ohio
- Police searched her house for fugitives but found pornographic material
- Evidence was illegally obtained and could not be used agianst her in the court of law.
Wolff vs. CO
Officers believed that the exclutionary rule did not apply to agents of stat and local law enforcement.
Chimel vs. CA
- He burgularized a coin shop
- police had and an arrest warrant not a search warrant.
- He was set free because his house not part of his "imediate Control"
- Stamp collector
- Sold altered stamps
- Arrested at work
- Police searched his office legally because the 4th protects against a person and their private home
The U.S. Supreme court extended protection against warrantless searches of overnight guest residing in the home of another.
- a person must demonstrate the he personally has an expectation of privacy in the place searched and that his expectation is reasonable
- In order to be protected by the 4th amendment.
- Exp. an overnight guest would be protected
- a repair man would not
GA. vs. Randolph
the court ruled that police officers may not conduct a warrantless search if one person on the residence agrees and the other disagrees to the search
- good faith exception to the exclusionary rule
- drug trafficking case
- a warrantless search can be conducted if there is probable cause.
Is based on facts and circumstances that would cause a reasonable person to believe that a particular other person has committed a crime
Plain View Doctrine
officers have the opportunity to begin investigations or to confiscate evidence, without a warrant, based on what they find in plain view.
Harris vs. US
Police were inventorying an impounded vehicle discovered evidence of a robbery.
Birmingham City vs. Stuart
- the need for emergency warrantless entries under certain circumstances
- Clear dangers
- to life
- of escape
- of the removal or destructions of evidence
Emergency searches or those conducted without a warrant when special needs arise
- Am I free to go? Am I under arrests
- A person has been "seized" within the meaning of the Fourth Amendment "only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." Because the events took place in a public concourse, the agents requested information rather than demanded it, and no force or threat of force were used, no "seizure" of the defendant took place.
- Totality of Circumstances
- Reasonable Suspicion
- the defendant was acting overtly suspicious
MN vs. Dickerson
- the case where the officer manipulated what was in Dickerson's pocket.
- it was an illegal search because it did not fall under the terry
In the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a Search Warrant and are admissible as evidence.
- If a person, during a search touches any other area of the car police can search that area too.
- Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.
- reasonable suspicion that Ornelas and his friend were criminals.
- Reasonable suspicion = Probable cause = Warrantless search
- Fleeting Targets Exception
MI Department of State Police vs. Sitz
- the legality of highway sobriety checkpoints including those who are non-suspicious drivers
- the courts ruled in the favor to the department
- Warren Court due process
- ensures that proper advice is given to suspects at the time of their arrest
- Miranda is read before questioning
- Brewer vs. Williams case
- The police would have found the body inevitably because they were searching in that general direction
- The police illegally retrieved information form from Williams on where he buried the body
Brewer vs. Williams
- the police drove around for hours trying to get williams to confess.
- They did not re-read him his rights because of the amount of time that elapsed
- Public Safety over rides miranda rights
- Police asked Quarles where he left the gun without reading him his miranda
U.S. vs. Montoya de Hernandez
focused on smuggling drugs
Katz v. US
- Telephone booth recording
- the courts stated that the government's activities in electronically listening to and regarding the petitioner's violated the privacy upon which he justifiably relied on.
Telecommunications Act of 1996
Federal offense for a person to create, solicit, or initiate the transmission of a comment, request, proposal. without disclosing his identity and with intent to annoy, abuse or threaten.
made it easier for police investigators to intercept many forms of electronic communications.
Log Cabin Republicans v. United States
- is a federal lawsuit challenging the constitutionality of 10 U.S.C. § 654, commonly known as don't ask, don't tell (DADT), which excludes homosexuals from openly serving in the United States military.
- Phillips ruled that the ban is unconstitutional
Police acceptiing small gifts from the public can potentially lead to police accepting large bribes.
A committee that investigates police corruption in New York City in the early 1970's
Testified before the Knapp Commission on police corruption in NYC.
- More common form of police corrution, occurs from time to time.
- Mostly small bribes and minor services offered by citizens avoiding persecution.
- more serious form of police corruption.
- Police seeking bribes by threats of intimidation.
National Criminal Informational Center
Florida Criminal Information Center
Rotten Apple Theory
- Devient Individuals that continue to deviate.
- Police use it to blame one person in the media
Officer Fatigue leads to...
- Higher Injury
- More sick leave
- More citizen complaints
- Higher Cancer Rate
- Digestive Problems
- Heart Attacks
- Hep B
mental and physical state with the lack of quality sleep
hardening of the arteries
Roberts vs. Lemaster
worked 24hrs and was subjected to unreasonable risk when driving home
TN vs. Garner
- Deadly use of force
- a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Graham vs. Connor
- "Objective Reasonableness"
- The officer was reasonable and his actions were okay
- Graham was diabetic, the store line was too long so he ran out to go to another store.
Malley vs. Briggs
- Civil Suit
- False arresrts/ False imprisonment
- An officer is liable for monetary damages if a warrent was improperly issued
- Roberts Chief Justice BUSH
- Alito BUSH
- Thomas OBAMA
- Scalia REAGAN
- Kennedy REAGAN
Gideon vs. Wainwright
Provides counsel to those who can not afford it.
Do jurors have to be unanamous?
Yes if there are only 6
Least amount of jurors to hear a case
Apodoca vs. Oregon
- case which held that state juries may convict a defendant by less than unanimity
Johnson v. Louisiana
- 9-3 split Jury
- A jury had convicted Johnson of robbery by a 9‐to‐3 vote.
Court of Last Resort
US District Court
94 courts at least one in each state
- Circuit courts
- A cout of appeals hars appeals from the district courts located within its circuit.
have little substance, raise no significant new issues and are generally disposed of quickly.
are primarily brought because of demands of the demands fo litigants even though the probability of a reversal is negligeble.
- which entail major questions of law and policy and on which there considerable professional disagreement among the courts and within the legal profession.
- highest probablity of rebersal
Members of the Supreme Court
Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed by the Senate
Argersinger vs. Hamlin
The Florida court claimed that since jury trials were not required for misdemeanors, then neither was counsel. The U.S. Supreme Court disagreed, and overturned the conviction.
- This rule requires candidates to directly acknowledge that they approve of their campaign advertisements,
- resulting in the ubiquitous proclamation
Citizens United v. Federal Election Commission
Citizens United wanted to air a movie during elections McCain-Feingold blocked it
the Warren Court expanded civil rights liberties,
favored a conception of federalism that paid greater attention to the Tenth Amendment's reservation of powers to the states
It is generally considered more conservative than the preceding Rehnquist Court
Number of required justices it takes to take up a case
- the dicisions that the prosecutor make
- accept a plea bargain
- suspect to seek couseling
- dismiss the case entirely
Organized Crime Control Act of 1970
It also gave grand juries new powers, permitted detention of unmanageable witnesses, and gave the U.S. Attorney General authorization to protect witnesses, both state and federal, and their families.
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