Intro to Criminology Exam 2 Chapter 6 Professionalism Law Enforcement Code of Ethics publicized by the International Association of Chiefs of Police as the standard of behavior to which all officers should aspire Internal Procedures and Personnel There are 3 Internal Strategies used by law enforcement for detecting correcting and disciplining unprofessional behavior 1 A rigorous procedure for selecting and training new recruits 2 Developed internal standards of professional behavior 3 Form strategies for detection and punishment of violations of professional behavior Standard Operating Procedures SOP o Law enforcement agencies have formalized comprehensive policies and procedures that prescribe the standards of professional conduct and the discipline for violation of these standards Citizen Complaint Board Internal Affairs o Review board that hears alleged complaints of police misconduct o An office that conducts investigations of criminal abusive or unprofessional behavior by law enforcement officers within the department External Oversight of the Police Laws Procedural Law a body of laws for how things should be done at each stage of Judicial Decisions provide indirect oversight the criminal justice process Rules of evidence The Exclusionary Rule o Search and seizure 1 4th amendment right to privacy a your medical records reasonable expectations of privacy like the bathroom and electronic monitoring 2 Search Incident to lawful arrest a Search warrant probable cause 3 Plain View Searches a No warrant required b Harris v United States evidence in plain view is admissible in criminal court 4 Consent to search a Florida v Jimeno i If a person gives permission for a search any evidence is admissible 5 Search of Automobiles a Carroll Doctrine i Evidence obtained in the search of an automobile without a warrant is admissible in criminal court IF BOTH of the following take place 1 A police officer has probable cause that a crime has occurred 2 The circumstances are such that a delay in searching the automobile would result in loss of the evidence b Trained dog sniffing c Impounded vehicles i a trained dog can sniff a car without the need for any particular reason to suspect the driver of narcotics i any evidence obtained during the inventory of a lawfully impounded vehicle is admissible in criminal court 6 Search of Persons a Pat down search b Stop and identify i You have to give the police your name if they ask o The right of police to search without probable cause when not doing so Other Exceptions to the Warrant Requirement Public safety exception could cause harm to the public Airline and bus passengers Search of subway passengers Border searches o At border checkpoints and entry ports The Good Faith Exception o An exception to the requirement that police must have a valid search warrant or probable cause when they act in good faith that the search was legal o in most cases it applies when there is some clerical error where the police thing they have a valid search warrant but it really is not Issues of Privacy Wiretapping o Search involving communication by telephone Must have consent probable cause or a warrant Electronic Communication Homeland Security o Law enforcement officers generally must satisfy stringent requirements before they can obtain information transmitted electronically or stored in computer databanks such as stored e mails o The Patriot Act presidential orders and other legislation have significantly altered the limits of the power of law enforcement to perform searches Incarceration o Once in prison they lose all expectations of privacy Interrogation and Confessions 5th and 6th amendments apply The right to an attorney to protect themselves from self incrimination Interrogations come into question when they have been drawn out for too long Lineups have to be fair and suspects have the right to an attorney present must include actual suspects who are similar and match witness descriptions Police Lineups Police Misconduct Use of force o Use of Force Continuum requires officers to use appropriate force depending on the circumstances Corruption and criminal behavior Racial profiling High speed vehicle pursuits Entrapment o When law enforcement provides both the motivation and means for committing a crime such as Sting operations Ch 7 The Court System Historical Foundation The jurisprudence of the U S was influenced primarily by 1 Justinian Code developed under Roman Emperor Justinian I 2 Napoleonic Code designed by Napoleon Bonaparte to unify the laws of his empire 3 Common Law of Great Britain Dual Court System The separate system of courts divided into federal and state o The 10th and 11th amendments founded the dual court system stating that state powers not specifically delegated to the fed govt are reserved for the states and prohibits a citizen from one state from suing the govt of another state in fed court Civil v Criminal Law Differences Civil Law Private law Preponderance of evidence o A majority vote of the jury Plaintiff v defendant Majority are civil Punishment may be monetary or contractual enforcement Criminal Law Burden of proof o A unanimous verdict from the jury Govt agency v defendant Punishment may be imprisonment fines or death Similarities Similar court actors Similar procedures o Due process rights o Rules of evidence Some cases can be criminal and civil Judges and attorneys may deal with both types The Federal Court System Has a 4 tier structure a Limited to trying misdemeanors setting bail and assisting 1 U S Magistrate Courts district courts 2 Trial Courts 3 Appeals Courts a 96 U S district courts U S tax courts court of international trade claims court veterans appeals courts of military review a U S court of appeals U S court of appeals for the federal circuit and U S military court of appeals 4 Supreme Court U S District courts Supreme Court o Are the trial courts of original jurisdiction and are the first courts to hear charges against defendants and to render verdicts U S Court of Appeals o Must be based on the claim that the defendant was denied a fair trial or that the law the defendant was convicted of violating was unconstitutional Judicial Review is the power of the courts to declare congressional and presidential acts unconstitutional it is the most important power to the supreme court o Marbury v Madison established this The supreme court also exercises other important judicial powers o The legal mediators for lawsuits between
View Full Document
Unlocking...