Criminal Justice – September 11Schenck v. United States (1919)-established the “clear and present danger test” test-falsely shouting fire in a theatre -limits on free speech?Brandenburg v. Ohio (1969)-government can’t punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action. (ex. Riot)-the Brandenburg test1. intent2. imminence3. likelihood Fourth amendment-protection against unreasonable searches and seizures-probably cause-no general warrants (must be specific!)When warrants are NOT required-consent-plain view doctrine-plain feel and plain smellWeeks v. United States (1914)-exclusionary rule is created (1914): most important legal concept supporting our rights. If you have any kind of evidence that is the product of unreasonable search, then itis throwed out. -huge check on police power-only applied to federal casesMapp v. Ohio (1961)-extended the exclusionary rule to the states (via the due process clause in the 14th amendment) Katz (1967)-what a person knowingly exposes to the public, even in his own home or office, is not a subject of fourth amendment protection. California v. Greenwood (1988)-4th amendment does not prohibit the warrantless search and seizure of garbageleft for collection outside the curtilage of a home.-no reasonable expectation of privacy for trash on the side of the street. Kyllo v. United States (2001)-Use of thermal lightening technology to see through walls-the use of thermal imaging technology constituted a search- did not fall under the “plain view doctrine”k-9 “searches”-sniff by a police dog is not a search under the 4th amendment (US v. Place, 1983)-positive alerts by k-9 units are treated as probable cause-Florida v. Jardines (2013)- is a k-9 unit sniff outside of the house a 4th amendment “search”???** is a “search”, requires both probable cause and a search warrant.Terry v. Ohio (1968)-based on reasonable suspicion, an individualcan receive a “stop and frisk”-“Terry Stop”- applies to traffic stops as wellCriminal Justice- September 13thMotor Vehicle Exception- Allows the search of a motor vehicle without a search warrant (still have to have probable cause) - Examples of probable cause: sight or smell of contraband (plain view, plain smell)- Minor traffic violations are not consideredprobable causeGrand Jury- 16-24 citizens federal criminal trials and court cases- Exclusionary rule does not apply - Defense attorney isn’t always in the courtroom- Screening - No indictment no bill Miranda Test- Physical police custody detained by law enforcement - You have to be read the rights before youare asked any incriminating questionsSalinas vs. Texas- Case went to supreme court because Salinas started answering questions and stopped and was arrested Exigent circumstances: emergency only, police can ask questions for safety like whereis the gun?Civil court- Plaintiff and defendant Tort Law- civil harm or civil wrongCompensatory damages- common in civil court, damages that will compensate the victimPunitive damage- large some’s of money, message to corporation to see wrong doing or else you are going to get sued.15-20 mil lawsuits in US each yearCriminal Justice- September 16thVisible crime-“Street crimes”- the ones that are brought to the attention by new media and social media-Majority of law enforcement resources-Three categories:1. Violent crimes2. Property crimes3. Public order crimesViolent crimes-physical injury or death is a result-most of these offenses are committed by people who know their victim-uniform crime reports (UCR)1. Murder and nonnegligent (voluntary) manslaughter- Willful (nonnegligent) killing of one human being by another (intent is present)- “first degree murder”- premeditated, intentional killings, felony murder (commission of a violent felony)- “Second degree murder”- unplanned (death of a victim was a distinct possibility- reckless action)- “Voluntary manslaughter- intentional killing in which the offender had no prior intent (not premeditated) to kill (“heat of passion”)2. Forcible rape- FBI is changed the definition to include males and not just to include just “forcible” (unconscious, physically or mentally disabled, drugs/alcohol, etc.)3. Robbery- The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.4. Aggravated assault- Unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.Property crime-“the object of the theft offenses is the taking of money or property, but there is no force or threat of force against the victims1.Burglary- The unlawful entry of a structure to commit a felony or theft- To classify an offense as a burglary, the use of force to gain entry need nothave occurred.2.Larceny-theft- Simply the taking of property minus the car- The unlawful taking, carrying, leading,or riding away of property from thepossession or constructive possession of another.- Examples are thefts of bicycles, motorvehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article thatis not taking by force and violence or by fraud 3.Motor Vehicle Theft4.Arson- Any willful or malicious burning or attempting to burn, with or without the intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.Criminal Justice- September 20thCareers in Criminal JusticePolice officer - Educational background- Reality of work/ job description- Stress/ work life balance Detective/ Investigator - Real world vs. TV- How you get these-Have to put in some years as a cop before you can become a detective- Have to get good at testifying in court or prosecution will tear you apart- A day in the life-Not a 9-5 job, you get called at any hourAttorney/ Lawyer- Law school- how you get there- 3 years of law school- 2 internships undergraduate years - Passing the bar-200 hours of minimum study time-handful of practice LSAT test before the real thing- Reality of work-working a lot of hours-scoring high on the LSAT to work at a good firm- Specialty areas (prosecution, defense, civil, etc) -think about the law you want to specialize inJudge - How you get there-the judge overrules things in court-need to be a successful attorney for years -know how to play the political landscape