CJ 100 9:30 MWFMidterm Lecture #s 8-15Lecture 8 (September 12)The 4th Amendment and CasesFourth Amendment- Remember: - Protection against unreasonable search and seizures- Probable cause - No general warrants (need specifics) When is a warrant not needed?- Consent- Plain view doctrine- this includes areas visible from the air- Plain feel and plain smell doctrine- police dogs who sniff luggage in public places are not conducting searches (so you are not subject to 4th amendment protections)What are the three Amendment 4 cases? Weeks v. United States (1914)- Exclusionary rule is created (1914)- can’t use evidence from illegal search and seizure- 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)- Don King Katz v. United States (1967)- Key issues:o “right to privacy”- does it extend outside the home? (ex. telephone booths, public places)o Do you need physical intrusion to constitute a search? (ex. Wire tapping)- Ruling- private conversations can be made in public places. Wire tapping violated privacyand therefore constituted a search and seizure unreasonable- need a warrant- If door is closed in a phone booth then privacy is expected - Think about the evolution of technology (cell phones)- Katz- What a person knowingly exposes to the public, even in his own home or office, is not a subject of 4th amendment protectionLecture 9 (September 15) Grand Jury and Miranda RightsWhen is a grand jury needed and what is it?Grand Jury IndictmentsGrand Jury decides whether the prosecution has enough evidence to bring a defendant to trialUsed in all federal cases- State has the choiceProbable Cause= indictment (formal charging) = green light to proceed No probable cause = “no bill” = suspect not charged Grand Juries--Prosecutor presents evidence against the suspect--Advantageous for prosecution because1. Proceedings are “secretive” (only prosecutor and jury are present) 2. Exclusionary rule does not apply to grand jury proceedings3. Prosecutor can choose which evidence is presented to the jury What are Miranda rights and when are they read? Miranda WarningsMiranda vs Arizona (1966)- protects Fifth Amendment rights of individuals against self incrimination1. Rights read AFTER a person has officially been taken into custody, but before any interrogation takes place.2. After one is put into a detention/correction but before incriminating questions.Lecture 10 (September 19)7th Amendment - Civil Court vs. Criminal Court (main differences) What are the differences between Civil Court and Criminal CourtCriminal Court- Burden of proof – beyond a reasonable doubt - Does not mean absolute certainty - Quantify 97-99.9%- Reason the threshold is so high??o Because this is dealing with the taking of liberty and freedom and maybe life - The government (state or federal) brings suit against (prosecutes) a person who they believe has violated the law (the defendant) - Examples: o People of the State of California (prosecution/plaintiff) vs. Orenthal James Simpson (defendant) o United States (Prosecution) vs. Jones (Defendant) (2012) Civil Court- Burden of Proof – preponderance of Evidence - Tort – Civil wrong (think lawsuits!) (TEST) - Tort reform o Restrict people’s right to go to court o Did pass to sentence and bill Clinton vetoed it o People then went to state legislators - Quantify – 51% (50.1%)- Compensation from damages or injuries - Individual or group (class action) law - One party (plaintiff) who feels they were harmed (tort) brings a complain against another party (the defendant) What is the main case for this example? - Example: o Liebeck (plaintiff) v. McDonald’s Restaurants (defendant)  Faced 3rd degree burns  Now there are warnings  Temp was about 180-190 degrees o Class action lawsuit against Monsanto  Two farms, farm A, farm B  If farm A uses Monsanto seeds and A’s seeds blew into sand B then that company can sue farm B for copyright and shut them down Stella Liebeck- Liebeck vs mcdonalds- civil vs criminal- in civil the threshold needs to be a little over 50 percent- preponderance of evidence—a tort is a civil wrong or a civil harm and you are trying to sue to reclaim the damageWhat is Crime control vs Duel Process?Two competing models of criminal justice administration: Crime control vs Due process.Think of an obstacle courseCrime Control ModelAssembly Line JusticeEvery effort is made to repress crimeSpeed and efficiency are the main goalsAvoids the courtroom, promotes plea bargaining“Pleading guilty with a reasonable expectation of a reduction in a charge for a lighter sentence”Due Process ModelThe media’s prediction; Obstacle course style JusticeStresses using the adversarial courtroom processstrained resources make this model problematicIf every case went to trial it would take years to get through them What is Plea Bargaining? Plea BargainingPlea argument: the defendant will plead guilty to the original charge, or to another charge in return for a reduced sentenceTest questionWhat percentage of criminal convictions come from negotiated plea deals? 90-95% of cases!What are the benefits of Plea Bargaining?Benefits of plea BargainingCriminal defendants: they are getting a lighter sentence, so they plead guilty and try to lessen the jail time.What are the goals of Criminology Punishment? Goals of criminology punishment1. Retribution: an eye for an eye; justice2. Deterrents: a punishment will be so harsh that people wont engage in crime. Cost benefit analysis.--general deterrents tries to deter the general society at large3. Incapacitation: you are physically incapacitated so you can’t do anything. Being locked behind bars or in a mental hospital. The ultimate form is the death penalty4. Rehabilitation: things aren’t labeled as punishments and offenders, but as treatments and clients restorative justice: if a crime is committed (property crimes) they want to see the criminal. Victim, and community members and they all sit down and discuss it. This is petty theft and small crimesLecture 11 (September 22)Types of Crime and VictimologyWhat is Visible Crime?Visible Crime- Street Crimes- Majority of Law enforcement resources- Three categories1. Violent2. Property3. Public order crimes- Physical Injury or death is a result- Most of these offenses are