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CRJ 104 > Module 2 > Flashcards

Module 2 Flashcards

1
Q

Discretion

A

-Police
~Enforce Laws
~Invrstigate crimes
~Search
~Arrest or detain

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2
Q

Herbert Packer (1968)

A

-Crime Control Model
-Due Process Model

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3
Q

Crime Control Model

A

-Assembly Line
~Police power
~Deterrence
~Guilty Pleas
*Closed Cases
Conservative View

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4
Q

Due Process Model

A

-Everyone has the right to a fair trial
-Obstacle Course
~Do we have the right person?
-Innocent Until Proven Guilty
~Check on Police power
~Right of the accused
~Adversarial system
*State vs. defense
Liberal View

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5
Q

Policing in America
-The political ear 1840-1930

A

-Politics and Bribery
~Police is part of the executive branch
*They are controlled by the mayor

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6
Q

Policing in America
-The Reform Era 1930-1980

A

-August Vollmer
~If everyone is in the back pocket of the mayor; we could not control the system
*Protrol cars should be in a certain area
*The merit system

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7
Q

The Community Policing Era 1980-Present

A

-Get the cops into the community
-Take care of graffiti within 24 hours to help deter crime in the area

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8
Q

The Next Era?

A

-“Intelligence-Led Policing”
-After 9/11
-Local police departments are in contact with the FBI with terrorists movements

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9
Q

Law Enforcement Agencies

A

-Federal
~FBI
*Federal Crimes
-State
~Highway Patrol
~State troopers
*Entire State jurisdiction
-County
~Shriff
*The Entire county
-Municipal (City/Town)
~Police Department
*In city or town limits

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10
Q

Jurisdiction

A

-Who has authority over the case or person
~Geography and Law

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11
Q

Police Discretion

A

-The Myth of Full Enforcement Law
~Officer Attitude
~Citizen Attitude

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12
Q

Police Services

A

-Patrol
~Day-to-day discretion
*85% of calls are domestic violence crimes

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13
Q

Police Services
-Investigation

A

-Detectives
~Homicide, drugs, robbery
~Higher pay, less supervision, flex hours

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14
Q

Police Services
-Forensics

A

-Science applied to issues before the courts

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15
Q

Special Operations

A

-Traffic
-Vice
-Juveniles
-Drugs

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16
Q

Policing In America

A

-Law Enforcement
-Crime Prevention
-Service/Welfare (80%)
~about 80-85% are domestic violence crimes

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17
Q

Ethics

A

On my honor, I will never betray my badge, My integrity, my character, Or the public trust. I will always have The courage to hold myself And others a

-Integrity, Character:
~Doing the right thing when no one is watching

-Bell, Book, and Candle
~Before doing something; if something rings a bell that there is something wrong; don’t do it. If there is something on the books saying it is wrong don’t do it; if there is a light of someone watching don’t do anything wrong.

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18
Q

Issues in Policing
-Corruption

A

-Meals/Services -> Stealing Evidence -> Organized Crime
-How does it happen?
~”Blue Wall of Silence”
*Blue Coat Crime
**Opportunity
**Lack of Deterrence
**Incentives

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19
Q

Abuse of Power

A

-Other names
~Excessive Force
~Police Brutality

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20
Q

Police Use of Force
-When?

A

-Self-Defense
-Defense of Others
-Suspect Compliance

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21
Q

Police Use of Force
-How Much?

A

-The Continuum of Force
~Low End
*Verbal commands
*Come along
*Handcuffs
~Middle Low
*
~Middle
* Pepper Spray/ Mace
*Baton
~Middle High
*Taser
~Leathal End
*Gun

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22
Q

Police Use of Force
-How Much?

A

-Department Standard Operating Procedures (SOPs)
~Chokeholds
~Prone Restraints
~Lethal Force
-Constitutional/ Legal Limits

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23
Q

Excessive Force

A

-Force that violates department policies or a suspect’s constitutional rights

-Deadly Force
~Need probable cause that the suspect poses a significant threat of death or serious physical injury to the officer or others
~Examples
*Tennessee vs. Garner (1985)
Graham v. Connor (1989)
**Standard: “reasonableness at the moment”
**Officers are often forced to make split-second judgments - in circumstances that are tense, uncertain and rapidly evolving…”

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24
Q

Constitutional Law

A

4th 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

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25
Q

Police Liability

A

-Criminal Charges
~State and Federal
-Civil Lawsuits
~State and Federal
*Negligence
*Intentional Torts
*Constitutional Torts
-But
Qualified immunity

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26
Q

Issues of Policing

A

-Lawsuits
~Changes in the law and policies
-EX:
~Deadly Force Suits
*Tasers as non-lethal option
~Mentally ill cases
*CIT units/training

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27
Q

Rodney King (1992)

A

-Broken Leg
-Skull Fractures
-Permanent Brain Damage
-Facial injuries
-Body Bruises
-Chest Burn from Stun Gun

-Won a 3.8 Million Lawsuit

-Two of the four officers got 30 months

-Died from Accidental Drowning in 2012

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28
Q

George Floyd-2020

A

-State Criminal Charges
~Homicide (Chauvin)
~Aiding and Abetting 2nd Degree Murder
Federal Criminal Charger
Federal Civil Charges

-27 Million for the Floyd family
~Federal Civil Rights Claims

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29
Q

Breonna Taylor
-Kentucky 2020

A

-No-knock Warrant
-No Body Cameras
-Boyfriend/Taylor asks who’s there.
-Boyfriend fires at the officer in self-defense
-Officers return fire in self-defense
-Hankinson fires through closed blinds
~Recless for shooting through blinds

-Sued 12 million to Taylor Family
~Louisville PD
*Banned no-knock
*Bodycams
**Search warrants
*Civilian Review Board

-Brett Hankison Wanton Endangerment trial
~State Charges: Not Guilty March 2022

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30
Q

Kentucky Governor -2021

A

Breanna Taylor Bill

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31
Q

Police Powers

A

-Investigative Powers
~Stop
~Frisk
~Order You Out of the Car
~Interrogate
~Detain
-Arrest power
~Use of Force
~Search
~Seize and Restrain

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32
Q

Fourth Amendment Search Analysis

A
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33
Q

Search and Seizure

A

-Search
~Actions by LAW ENFORCEMENT that intrude on a person’s REASONABLE EXPECTATION OF PRIVACY

-Seizure
~A police officer depriving a person of their liberty and/or property

-Reasonable Suspicion (first level of suspicion (lower level))
~Under the circumstances, would a REASONABLE OFFICER believe that a person has been, is, or is about to be engaged in criminal activity?
*Basis for stop and frisk (pat down)
**Terry v. Ohio

-Probable Cause (Second level of suspicion (Higher level))
~Reasonable grounds, based on the TOTALITY OF THE CIRCUMSTANCES, for the belief of guilt
*Basis for search and arrest

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34
Q

Search Warrants

A

-Search Warrants
~Court order that a police officer search a specified place for persons or property
*Why Court order?
**The Executive branch goes to the Judicial branch

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35
Q

Organization

A

-An entity of two or more people who cooperate to achieve one of more objectives

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36
Q

Sheriff

A

-The chief law enforcement officer of a county, typically elected and frequently operating the jail as well as law enforcement functions

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37
Q

Constable

A

-In England, favored noblemen who were forerunners of modern-day U.S. criminal justice functionaries; largely disappeared in the U.S. by the 1970

38
Q

Coroner

A

-An early English court officer; today one (usually a physician) in the U.S. whose duty is to determine cause of death

39
Q

Justice of the peace (JP)

A

-A minor justice official who oversees lesser criminal trials; one of the early English judicial functionaries

40
Q

Political Era

A

-From the 1840s-1930s, the period of when police were tied closely to politics and politicians, dependant on them for being hired and promoted, and for assignments- all of which raised the potential for corruption

41
Q

Reform Era (Professional Era)

A

-From the 1930s-1980s, when police sought to extricate themselves from the shackles of politicians, and leading to the crimefighter era arrests, citations, response times, and so on; held a greater emphasis being placed on numbers

42
Q

Community Era

A

-Beginning in about 1980, a time when the police retrained to work with the community to solve problems by looking at their underlying causes and developing tailored responses to them

43
Q

Federal Law Enforcement Agencies

A

-Federal organizations that, for example, are charged with protecting the homeland (DHS); investigating crimes (FBI) and enforcing particular laws, such as those pertaining to drugs (DEA) or alcohol/tobacco/firearms/explosives (ATF); and guarding the courts and transporting prisoners (USMS)

44
Q

INTERPOL

A

-The only international crime-fighting organization; it collects intelligence information, issues alerts, and assists in capturing world criminals, and it had nearly 200 member countries

45
Q

State police

A

-A state agency responsible for highway patrol and other duties as delineated in the state’s statutes; some states require their police to investigate crimes against persons and property

46
Q

State Bureau of Investigation

A

-A state agency that is responsible for investigating crimes involving state statutes; they may also be called in to assist police agencies in serious criminal matters, and often publish state crime reports

47
Q

Special-purpose State Agencies

A

-Specially trained units for particular investigative needs, such as those for violations of alcoholic beverage laws, fish and game laws, organized crime, and so on

48
Q

Municipal Police Department

A

-A police force that enforces laws and maintains peace within a specified city or municipality

49
Q

County sheriff’s Office

A

-A unit of county government with a sheriff (normally elected) and deputies whose duties vary but typically include policing unincorporated areas, maintaining county jails, providing security to courts in the county, and serving warrants and court papers

50
Q

Organizational Structure or Chart

A

-A diagram of the vertical and horizontal parts of an organization, showing its chain of command, lines of communication, division of labor, and so on

51
Q

Chain of Command

A

-Vertical and horizontal power relations within an organization, showing how one position relates to other

52
Q

Private Police/ Security Officers

A

-All nonpublic officers, including guards, watchmen, private detectives, and investigators; have limited powers and only the same arrest powers as regular citizens

53
Q

Proprietary Services

A

-In-house security services whose personnel are hired. trained, and supervised by the company or organization

54
Q

Contract Services

A

-A for-profit firm or individuals hired by an individual or company to provide security services

55
Q

Academy Training

A

-Where police and corrections personnel are trained in the basic functions, laws, and skills required for their positions

56
Q

Sixth Sense

A

-In policing, the notion that an officer can “sense” or feel when something in not right, as in the way a person acts, talks, and so on

57
Q

Field Training Office (FTO)

A

-One who is to oversee and evaluate the new police officer’s performance as he or she transitions from the training academy to patrolling the streets

58
Q

Policing Role

A

-The function of the police in contemporary society

59
Q

Policing Styles

A

-James Q. Wilson argued that there are three styles of policing: watchman, legalistic, and service

60
Q

Tasks of Policing (four basics)

A

-Enforce the law, perform welfare tasks, prevent crime, and protect the innocent

61
Q

Kansas City Preventive Patrol Experiment

A

-In the early 1970s, a study of the effects of different types of patrolling on crime- patrolling as usual in one area, saturated patrol in another, and very limited patrol in a third area; the results showed no significant differences

62
Q

Community Policing and Problem-Solving

A

-A proactive management philosophy that involves police-community collaboration and a four-step process (scanning, analyzing, response, and assessment) to focus police activities and thus enable officers to respond more effectively to crime and disorder with arrests or other appropriate actions

63
Q

Forensic Science

A

-The study of causes of crimes, deaths, and crime scenes

64
Q

Criminalistics

A

-The interdisciplinary study of physical evidence related to crime; drawing on mathematics, physics, chemistry, biology, anthropology, and many other scientific fields

65
Q

Crime Scene

A

-Any location where a crime occurred and that may contain forensic evidence relating to and supporting a criminal investigation

66
Q

Detective/Criminal Investigator

A

-A police officer who is assigned to investigate reported crimes, including gathering evidence, completing case reports, testifying in court, and so on

67
Q

DNA

A

-Deoxyribonucleic acid, which is found in all cells; used in forensic to match evidence (hair, semen) left at a crime scene with a particular perpetrator

68
Q

Probable Cause
-4th Amendment

A

-No warrants shall issue except upon PROBABLE CAUSE
~NOT beyond a reasonable doubt
*More than a hunch
~Test
*Do you believe the cop?

69
Q

Warrant Searches

A

-Presumed constitutional as long as
~Cop doesn’t lie
~Search is according to the warrant

-There are no limits to having multiple warrants

70
Q

The Exclusionary Rule

A

-Mapp vs. Ohio (1961)
~US Supreme Court extends the Exclusionary Rule to the States

71
Q

Warrantless Searches

A

-Search Incident to a Lawful Arrest
~Chimel v. California (1969)
*Arm’s Lenght Rule
~New York v. Belton (1981)
*Contemporaneous search of passenger compartments and containers
~Riley v. California (2014)
*Cell phones at arrest?

-Stop and Frisk
~Terry v. Ohio (1968)
*Reasonable Suspicion

-Exigent Circumstance
~Threat to Public Safety
~Threat to evidence
~Hot Pursuits
*Lange v. California (2021)
**Warrantless entry into the home is not okay for fleeing misdemeanor suspect

-Consent Search
~No probable cause
*No warrant
~Cop is asking for what???
*To give up the 4th Amendment Rights
~Issues
*Voluntary
*Authority

-“Plain View” Doctrine
~Legally in a position to view

-Abandoned Property
~Why?
*Anyone can open a trashcan lid and look into the trashcan
**Cigarette butts, public trashcans, etc.
~No reasonable expectations of privacy in public places

-Electronic Surveillance
~Wiretapping
~Bugs
~Thermal imaging
~Pole camera
~Cell Phone Tracking
~GPS devices
*All need a warrants

-The Carroll Doctrine
~Warrantless searches okay w/ probable cause
*Either them pulling people over or assisting with car troubles

72
Q

Cutting Edge

A

-DNA “search” at arrest?
~Maryland v. King (2013)
*Is not a search, it’s like fingerprinting
-Blood test for DUI w/o warrant if the driver is unconscious?
~Mitchell v. Wisconsin (2019)
*Yes, evidence dissipating, time to seek medical attention, safety at the scene, etc.
-Chalking tires for parking tickets?
~Taylor v. City of Saginaw (MI) (2019)
*Just like GPS, calling is a trespass onto a car to obtain info w/o probable cause or even individualized

73
Q

Custodial Interrogation

A

-Interrogation
~Police seeking evidence, a confession
*Police conduct must be constitutional
-Unconstitutional conduct
~Possible exclusion
-Brown v. Mississippi (1936)
~No Physically-coerced confessions
*Coerced = involuntary = unconstitutional
-Maranda v. Arizona (1966)
~SC: suspects must be informed about their rights before questioning

74
Q

Miranda Warning

A

-Two legal triggers:
~Physical custody
Formal arrest or Not free to leave
**Location
**Number of officers present
**Attitudes of officers and defendant
**Stage of the investigation
~Interrogation
Any words or actions likely to elicit incriminating responses
**“Christian burial Speech”
**Discussion between two officers in presence of the suspect
**Confronting suspect with evidence
-Warning must continue during questioning

-The DA has to bring it up if the defendant is not given Miranda rights or has not been given enough Miranda rights warnings

75
Q

Custodial interrogation exception

A

-New York v. Quarles
~Public Safety Exception

76
Q

Custodial Interrogation

A

-Issues Today
~Use of physical or psychological force
~Threats or promises, misrepresentations
~Age, education, length of interrogation
~Understand the consequences of confess

-Illinois and Oregon 2021
~Phohibits lying to minors
Dr. Saul Kassin
John Jay College

77
Q

Showups and Lineups

A

-“Non-Testimonial Evidence”
~Showup = one-on-one
~Lineup = multiple suspects

-Issues
~Right to counsel
~Due process, fairness

-Foster v. California
~Fairness

78
Q

Dynamic

A

-Constantly changing by virtue of acts by federal and state courts as well as their legislative bodies

79
Q

Fourth Amendment

A

-In the Bill of Rights, contains the protection against unreasonable searches and seizures and protects people’s homes, property, and effects

80
Q

Warrant (arrest)

A

-A document issued by a judge directing police to immediately arrest a person accused of a crime

81
Q

Warrant (search)

A

-A document issued by a judge, based on probable cause, directing police to immediately search a person, premises, an automobile, or a building for the purpose of finding illegal contraband felt to be located therein and as stated in the warrant

82
Q

Search and seizure

A

-In the Fourth Amendment, the term refers to an officer’s searching for and taking away evidence of a crime

83
Q

Probable Cause

A

A reasonable basis to belive that a crime has been, or is about to be committed by a particular person

84
Q

Exclusionary Rule

A

-The rule providing that evidence obtained improperly cannot by used against the accused at trial

85
Q

Affidavit

A

-Any written document in which the signer swears under oath that the statement in the document are true

86
Q

Exigent Circumstance

A

-An instance in which quick, emergency action is required to save lives, protect against serious property damage, or prevent suspect escape or evidence destruction; in such case, officers can enter a structure without a search warrant

87
Q

Reasonable Suspicion

A

-Suspicion that is less than probable cause but more than a mere hunch that a person may be involved in criminal activity

88
Q

Terry Stop

A

-Also known as a “stop and frisk;” when a police officer briefly detains a person for questioning and then frisk the person if the officer reasonably believes he or she is carrying a weapon

89
Q

Fifth Amendment

A

-In the Bill of Rights, among other protections, guards against self-incrimination and double jeopardy

90
Q

Lineup

A

-A procedure in which police ask suspects to submit to viewing by witnesses to determine the guilty party, based on personal and physical characteristics; information obtained may be used later in court

91
Q

Sixth Amendment

A

-In the Bill of Rights, guarantees the right to a speedy and public trial by an impartial jury, the right to effective counsel at trial, and other protections

CRJ 104 (4 decks)

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