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Espionage
an offense of gathering, transmitting, or losing information related to national defense in such a manner that it becomes available to enemies.
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Robert Hanssen
- Convicted of espionage
- Shared information to the Soviets
- from 1978-2001
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1st degree Murder
- An unlawful killing of a human being
- intentionally without out planning (aforethought)
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2nd Degree Murder
killing without malice aforethought
Crime of passion malice in the since of hatred or spite
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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.
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Castle Docrine
- Legally can defend your house from intruder
- even if it leads to murder
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Justification Defenses for Murder
- Alibi
- Self-Defense
- Castle Doctrine
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Alabi
a statement or contention that an individual was distant when the crime was commited or engaged in other provable activities.
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Self-Defense
protection of oneself or of one's property
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Excuses for Defenses for Murder
- Age: less then 8 years old
- Diminished Mental Capacity
- Duress (being forced)
- Mistake
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M'Naghten Rule
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.
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Proceduaral Defenses
- Entrapment
- Double-Jeopardy
- Collateral Estoppel
- Selective Prosecution
- Denial of a Speedy Trial
- Prosecutorial Misconduct
- Police Fraud
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Entrapment
an improper or illegal inducement to crime by agents of law enforcement.
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Double Jeopardy
- the Fifth amendment
- a person can not be trailed twice for the same offense.
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Colleral Estoppel
- 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
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Selective Prosecution
protects agianst unfair bias such as race, gender, age, friendship and religion.
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Denial of a Speedy Trial
- 6th Amendment
- the right to have a speedy trial to avoid having inocent people in jail.
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Prosecutorial Misconduct
- Knowinly permitting false testimony
- Hiding info that will help the defense
- Make biased statements to the jury in closing arguments
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Police Fraud
Police commiting fraudulent activities
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Wickersham Commission
- The National Commission on Law Observance and Enforcement.
- He con cludded that prohibition was unenforceable and potentially can cause police corruption.
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LEAA
- Law Enforcement Assistance Administration
- was a way for police officers to acuire the latest technologies and adopting new enforcement methods.
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Kansas City Experiment
The experiment with the three parts of the city. They concluded that Police Omnipresence did not work.
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Misdemeanor
- Minor crimes
- disorderly conduct, writing bad checks, simple assult
- typically one year or less in jail
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Felony
- Serious crimes
- murder, rape, aggrevated assult, robbery, burgulary
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Robert Peel
Father of modern Policing
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Compstat
NYPD came up with this idea of plotting crime
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Hot Spots
Community with overwelming crime
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Broken WindowsTheory
- Wilson and Kellings
- Emphasizes the undrlying issues in criminal communities
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Philip Zimbardo
Did the experiemnt with the abandonded cars in LA and the Bronx
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Reasons for Policing
- Security
- Prevention of Crime
- Enforce the law
- Community needs
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Why is foot patrol effective?
- Cooperation
- Gather information
- C+I=Arrests
- More social cohesion
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Foot Patrol Benefits
- Can go places cars cannot
- Can interact with the community
- Can see things better
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Social Cohesion
What brings people to gether in society
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Political Era
- The Era police had close ties to political officials
- They tended to the needs of those in power.
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Reform Era
- The era when police focused on professional crime fighting
- They focused on traditional crimes such as murder, rape, burglary, and capturing offenders.
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Community Policing Era
- The era when police stressed the service to the community
- Partnership with the community and the police
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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.
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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
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Title 1 of the Violent Crime Control and Law Enforcement Act of 1994
Financially supports NLETS
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NLETS
- Justice and Public Information sharing Network
- A system that contains all arrests
- A server that allos communication within federal agencies
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Police Discretion
The time when police can use thier choice
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Bill of Rights
Designed to protect citizens against abuses of police power
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Rights Guaranteed by 4th Amendment
- Against unreasonable searchers and seizures
- Against arrests without probable cause
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Rights Guaranteed by 5th Amendment
- Against self-incrimination
- Against "double Jeopardy"
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Rights Guaranteed by 5,6, 14th Amendment
The right to due process of law
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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
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Rights Guaranteed by 8th Amendment
- to a reasonable bail
- agaisnt exessive fines
- against cruel and unusual punishments
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Rights Guaranteed by 14th Amendment
the applicability of constitutional rights to all citzens, regardless of state law or procedure
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Exclusionary Rule
All incriminating information must be seized according to constitutional specifications so due process or it my not be used as evidence.
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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.
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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.
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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.
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Warren Court
- Mapp v. Ohio
- Exclusionary Rule
- Liberal Rights
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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.
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Wolff vs. CO
Officers believed that the exclutionary rule did not apply to agents of stat and local law enforcement.
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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"
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- Stamp collector
- Sold altered stamps
- Arrested at work
- Police searched his office legally because the 4th protects against a person and their private home
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The U.S. Supreme court extended protection against warrantless searches of overnight guest residing in the home of another.
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- 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
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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
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- good faith exception to the exclusionary rule
- drug trafficking case
- a warrantless search can be conducted if there is probable cause.
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Prabable Cause
Is based on facts and circumstances that would cause a reasonable person to believe that a particular other person has committed a crime
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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.
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Harris vs. US
Police were inventorying an impounded vehicle discovered evidence of a robbery.
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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
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Exigent Circumstances
Emergency searches or those conducted without a warrant when special needs arise
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- 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.
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- Totality of Circumstances
- Reasonable Suspicion
- the defendant was acting overtly suspicious
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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
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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.
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- 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.
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- reasonable suspicion that Ornelas and his friend were criminals.
- Reasonable suspicion = Probable cause = Warrantless search
- Fleeting Targets Exception
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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
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- Warren Court due process
- ensures that proper advice is given to suspects at the time of their arrest
- Miranda is read before questioning
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- 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
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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
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- Public Safety over rides miranda rights
- Police asked Quarles where he left the gun without reading him his miranda
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U.S. vs. Montoya de Hernandez
focused on smuggling drugs
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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.
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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.
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made it easier for police investigators to intercept many forms of electronic communications.
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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
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Slipppery Slope
Police acceptiing small gifts from the public can potentially lead to police accepting large bribes.
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Knapp Commission
A committee that investigates police corruption in New York City in the early 1970's
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Frank Saprico
Testified before the Knapp Commission on police corruption in NYC.
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Grass Eaters
- More common form of police corrution, occurs from time to time.
- Mostly small bribes and minor services offered by citizens avoiding persecution.
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Meat eaters
- more serious form of police corruption.
- Police seeking bribes by threats of intimidation.
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NCIC
National Criminal Informational Center
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FCIC
Florida Criminal Information Center
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Rotten Apple Theory
- Devient Individuals that continue to deviate.
- Police use it to blame one person in the media
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Officer Fatigue leads to...
- Higher Injury
- More sick leave
- More citizen complaints
- Higher Cancer Rate
- Digestive Problems
- Heart Attacks
- Suicide
- Hep B
- HIV
- TB
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Fatigue
mental and physical state with the lack of quality sleep
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Atherosclerosis
hardening of the arteries
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Roberts vs. Lemaster
worked 24hrs and was subjected to unreasonable risk when driving home
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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.
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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.
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Malley vs. Briggs
- Civil Suit
- False arresrts/ False imprisonment
- An officer is liable for monetary damages if a warrent was improperly issued
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Big Five
- Roberts Chief Justice BUSH
- Alito BUSH
- Thomas OBAMA
- Scalia REAGAN
- Kennedy REAGAN
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Gideon vs. Wainwright
Provides counsel to those who can not afford it.
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Do jurors have to be unanamous?
Yes if there are only 6
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Least amount of jurors to hear a case
6
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Apodoca vs. Oregon
- case which held that state juries may convict a defendant by less than unanimity
- 10-2
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Johnson v. Louisiana
- 9-3 split Jury
- A jury had convicted Johnson of robbery by a 9‐to‐3 vote.
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Court of Last Resort
Supreme Courts
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US District Court
94 courts at least one in each state
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Appellate Court
- Circuit courts
- A cout of appeals hars appeals from the district courts located within its circuit.
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Frivolous Appeals
have little substance, raise no significant new issues and are generally disposed of quickly.
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Ritualistic Appeals
are primarily brought because of demands of the demands fo litigants even though the probability of a reversal is negligeble.
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Nonconsensual Appeals
- 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
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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
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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.
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McCain-Feingold
- This rule requires candidates to directly acknowledge that they approve of their campaign advertisements,
- resulting in the ubiquitous proclamation
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Citizens United v. Federal Election Commission
Citizens United wanted to air a movie during elections McCain-Feingold blocked it
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Warren Court
the Warren Court expanded civil rights liberties,
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Rehnquist Court
favored a conception of federalism that paid greater attention to the Tenth Amendment's reservation of powers to the states
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Roberts Court
It is generally considered more conservative than the preceding Rehnquist Court
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Number of required justices it takes to take up a case
Six
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Prosecutorial discretion
- the dicisions that the prosecutor make
- accept a plea bargain
- suspect to seek couseling
- dismiss the case entirely
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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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