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SC CRJU 101 - Courtroom Particpants & the Trial Chapter (continued) & Policing - Issues and Challenges Chapter 6

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Presentation of Evidence:Direct Evidence:Proves a fact without requiring one to draw inferences“I saw him do it!”Circumstantial Evidence:Judge or jury has to draw conclusionsIndirectRequires interpretationMore difficult to win a case solely on this – but it is possiblePhysical Evidence:Real evidenceIntroduced as exhibits (a, b, c)DNAFootprints, fingerprintsWitness Testimony:Oral evidence entered by sworn witnessDefendant and “The 5th”Witness for the prosecutionWitness for the defenseOrder of testimonyTestifyCross-examineWhat about children?Don’t have to testify in front of their perpetratorsWill testify in chambersDon’t have to testify against your spouse or privilegePerjuryWhen you lieHearsayGenerally not allowed in trialsExceptionsEnd of the Trial:Closing arguments:Final statement made to judge/juryProsecution usually has final sayInstructions for the jury:Retire to reach a verdictSummary of evidenceReminder of their dutyJury deliberation and the Verdict:Decisions reached by the juryInnocentGuiltyHung jury – cannot reach a decision and becomes a mistrial and a whole new jury has to be pickedPolicing – Issues & ChallengesOfficer Deaths:2007188 officers killed57 feloniously killedHow does this compare?Cops: 8.14/100,000US pop: 5.6/100,000Is this a good measure of danger? Doesn’t show injuriesNot all officers dieShootings, not deathAssaultive behaviorOfficers killed in the line of duty (2007): *National Law Enforcement Officers Memorial Fund37% (68) shot8% (14) struck by vehicle5% (9) motorcycle33% (60) automobile accident17% (30) otherDangers of Police Work:Risk of disease and infected evidence:Biological weaponsInteractions with suspectsPat-down searchesMaking an arrest/subjects in custodyCrime and accident scenesCan police refuse to assist those in need?Stress:What are some sources of police stress?Threat of dangerCitizen disrespectChallenges to police authorityBoredomHuman sufferingProblems within the departmentBalance of work/familyInability to be effectivePolice suicidePolice Corruption:“Acts involving the misuse of authority by a police officer in a manner designed to produce personal gain for himself or for others.” – Herman GoldsteinPyramid of Police Corruption: (from high level to low level)Violent crimes – high levelDenial of civil rightsCriminal enterpriseProperty crimesMajor bribesRole malfeasance (destruction of evidence/ biased testimony)Being above “Inconvenient Laws”Minor bribesPlaying favoritesGratuities – low levelCRJU 101 1st Edition Lecture 10 Outline of Last Lecture I. Courtroom Participants and the Trial (continued)Outline of Current Lecture II. Presentation of Evidencea. Direct evidenceb. Circumstantial evidencec. Physical evidenced. Witness testimony III. End of the trial a. Closing argumentsb. Instructions for the juryc. Jury deliberation and the verdict IV. Policing – Issues and ChallengesV. Officer DeathsVI. Officers killed in the line of duty (2007)VII. Dangers of Police Worka. Risk of disease and infected evidenceb. Stress VIII. Police CorruptionIX. Pyramid of Police Corruption Current LecturePresentation of Evidence:- Direct Evidence:o Proves a fact without requiring one to draw inferenceso “I saw him do it!”- Circumstantial Evidence:o Judge or jury has to draw conclusionso Indirecto Requires interpretation o More difficult to win a case solely on this – but it is possible - Physical Evidence:o Real evidenceo Introduced as exhibits (a, b, c)o DNA o Footprints, fingerprintsCan also by circumstantial or direct evidenceThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o- Witness Testimony:o Oral evidence entered by sworn witnesso Defendant and “The 5th”o Witness for the prosecution o Witness for the defenseo Order of testimony Testify  Cross-examineo What about children?  Don’t have to testify in front of their perpetrators Will testify in chambers o Don’t have to testify against your spouse or privilegeo Perjury  When you lie o Hearsay  Generally not allowed in trials Exceptions End of the Trial:- Closing arguments:o Final statement made to judge/juryo Prosecution usually has final say- Instructions for the jury:o Retire to reach a verdict o Summary of evidence o Reminder of their duty - Jury deliberation and the Verdict:o Decisions reached by the jury Innocent Guilty  Hung jury – cannot reach a decision and becomes a mistrial and a whole new jury has to be picked Policing – Issues & Challenges Officer Deaths:- 2007o 188 officers killed o 57 feloniously killedo How does this compare? Cops: 8.14/100,000 US pop: 5.6/100,000o Is this a good measure of danger? Doesn’t show injuries Not all officers die Shootings, not death Assaultive behavior Officers killed in the line of duty (2007): *National Law Enforcement Officers Memorial Fund- 37% (68) shot- 8% (14) struck by vehicle- 5% (9) motorcycle- 33% (60) automobile accident- 17% (30) other Dangers of Police Work:- Risk of disease and infected evidence:o Biological weaponso Interactions with suspects Pat-down searches Making an arrest/subjects in custody o Crime and accident scenes o Can police refuse to assist those in need?- Stress:o What are some sources of police stress? Threat of danger Citizen disrespect Challenges to police authority Boredom Human suffering Problems within the department Balance of work/family  Inability to be effectiveo Police suicide Police Corruption:- “Acts involving the misuse of authority by a police officer in a manner designed to produce personal gain for himself or for others.” – Herman Goldstein Pyramid of Police Corruption: (from high level to low level)- Violent crimes – high level- Denial of civil rights- Criminal enterprise- Property crimes- Major bribes- Role malfeasance (destruction of evidence/ biased testimony) - Being above “Inconvenient Laws”- Minor bribes- Playing favorites - Gratuities – low


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SC CRJU 101 - Courtroom Particpants & the Trial Chapter (continued) & Policing - Issues and Challenges Chapter 6

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