greek literature today, 10e© 2009 pearson education, inc by dr. frank schmalleger pearson prentice...

GREEK LITERATURE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

Upper Saddle River, NJ 07458 1

Greek Literature in a Modern Society

Unit 4

ARE YOU CATCHING ON YET?

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

Upper Saddle River, NJ 07458 2

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

Upper Saddle River, NJ 07458 3

Policing: Legal Aspects

UN

IT 4

What’s Due This Week?This week (Unit), you will be completing the following

assignments:• The Unit #4 Discussion Board• The Unit #4 Quiz• The Unit #4 Live Seminar or the 300-word Alternate Essay

Assignment• The Unit #4 Assignment – Due Process Violations.• The Unit #3 Power Point Project

• There is NO SEMINAR in Unit #5!!

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CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

Upper Saddle River, NJ 07458 5

No one is above the law…not even the police.

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The U.S. Constitution was designedto protect against abuses of policepower.

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Restraints on police behavior: Help to ensure individual freedoms. Must be balanced against the need for police to effectively do their jobs.

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The U.S. Constitution, especially the Bill of Rights, is designed to protect citizens from abuses in police power.

Due Process is required by 4th, 5th, 6th, and 14th Constitutional Amendments.

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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THIS RIGHT IS GUARANTEED BY THIS AMENDMENT

The right against unreasonable searches and seizures Fourth

The right against arrest without probable cause Fourth

The right against self-incrimination Fifth

The right against “double jeopardy” Fifth

The right to due process of the law Fifth, Sixth, Fourteenth

The right to a speedy trial Sixth

The right to a jury trial Sixth

The right to know the charges Sixth

The right to cross-examine witnesses Sixth

The right to a lawyer Sixth

The right to compel witnesses on one’s behalf Sixth

The right to reasonable bail Eighth

The right against excessive fines Eighth

The right against cruel and unusual punishment Eighth

The applicability of constitutional rights to all citizens, regardless of state law or procedure

Fourteenth

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Most due process requirements relevant to the

police involve: 1. Evidence and interrogation

(search and seizure)2. Arrest3. Interrogation

Police, Courts, and

Due Process

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Define “Landmark Case”

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Landmark cases clarify the “rules of the game”—the procedural guidelines by which the police and the rest of the justice system must abide.

The Court addresses only real cases and does so on a writ of certiorari.

Search and Seizure and the 4th Amendment

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“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.”

Search and Seizure and the 4th Amendment

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The Fourth Amendment protects one’s privacy from unreasonable searches and seizures.

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Weeks v. U.S. (1914) established the exclusionaryrule.

Illegally seized evidence cannot be used in a trial. This rule acts as a control over police behavior. The decision was only binding to federal officers.

Mapp v. Ohio (1961) extended the rule to thestates.

The 14th Amendment due process applies to local

police, not just federal officers.

Landmark Cases:

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Because illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal seizure.

Silverthorne Lumber Co. v. U.S. (1918)

Fruits of the Poisonous Tree

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The Fourth Amendment protects against unreasonable searches, but it protects people, not places.

A limited area search following arrest may be

acceptable.

Search Incident to Arrest

U.S. v. Rabinowitz (1950)

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Clarified the scope of a search incident to an arrest.Officers may search:

The arrested person The area under the arrested person’s “immediate control”

Officers can search for following reasons: To protect themselves To prevent destruction of evidence To keep defendant from escaping

Search Incident to ArrestChimel v. U.S. (1969)

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Good faith Computer/Clerical

Error Plain View Doctrine Exigent circumstance

Exceptions to the Exclusionary Rule

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Use of Force

Define “Acceptable use of force”.

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Use of ForceDefine “Acceptable use of force”

In 2001, the International Association of Chiefs of Police (IACP) defined the use of force as:

“the amount of effort required by police to compel compliance by an unwilling subject.“

Attempting to restrain a suspect requires most police officers to use some kind of physical force.

Most officers have five options available in exercising force: physical (with some part of the officer's body), chemical (pepper spray, but not mace), electronic (taser), impact (night stick) and firearm (Safrath, B. 2008)

http://www.ehow.com/about_5477305_unlawful-use-force.html

Tennessee v Garner•Original incident occurred in 1974

•Suspect broke into a house (felony).

•Stole property from the house.

•Refused to stop when confronted by police.

•Was shot an killed and he ran from responding officers.

•Officer was “reasonably sure” the suspect was unarmed.

•Shooting a fleeing felon was allowed at that time if all other means of arrest failed.

•Father of the suspect sued the city (Memphis) for wrongful death.

•Federal Appeals Court sided with the Memphis PD and ruled the use of force was justified by police.

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Tennessee v. GarnerPart II

•In 1985 (11 years later) the case was reviewed by the US Supreme Court.

•They ruled the shooting of the suspect was a “seizure” under the 4th Amendment.

•The suspect was only 14 years old.

•He stole $10 dollars and a purse.

•Tennessee Law did not properly define serious felony.

•The Court ruled in favor of the father that the Tennessee law was unconstitutional.

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Define “Arrest”

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An arrest occurs when a law enforcement officer restricts a person’s freedom to leave. It is: The act of taking an adult or juvenile into custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of a specific offense.

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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The basic minimum element for anarrest under any circumstance isprobable cause.

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U.S. v. Mendenhall (1980)

U.S. Supreme Court said:“A person has been ‘seized’ within the meaning of the Fourth Amendment only if in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.”

“Free-to-Leave” Test

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Police InterrogationAn interrogation refers to the information-gathering activity of police officers that involves the direct questioning of suspects.

During an interrogation, there must be no: Physical abuse Inherent coercion Psychological manipulation

Who am I?

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

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Who am I?

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Ernesto Arturo Mirandaaka: Mr. Miranda Warning

His Crimes?

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Kidnapping, Rape, and Armed Robbery

His Death

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•Miranda was stabbed to death in a bar fight in Arizona in 1976.•The suspect exercised his Miranda Rights and refused to make any statements.•No one was ever convicted for his murder!

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Miranda v. Arizona (1966)

“The entire aura and atmosphere of police interrogation, without notification of rights and an offer of assistance of counsel, tends to subjugate the individual to the will of his examiner.”

Prior to custodial interrogation, a person must be informed of his or her rights (Miranda triggers).

The Right to a Lawyer at Interrogation

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The Miranda Warnings1. You have the right to remain silent.

2. Anything you say can and will be used against you in a court of law.

3. You have the right to talk to a lawyer and to have a lawyer present while you are being questioned.

4. If you want a lawyer before or during questioning but cannot afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning.

5. If you answer questions now without a lawyer here, you still have the right to stop answering questions at any time.

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A waiver of Miranda rights can be done if such a waiver is voluntary, knowing, and intelligent.

Silence is not a waiver.

Waiver of Miranda Rights