Criminal Justice chapters 5 and 6 test review
chapter 5&6 review goes along with the chapter 5 review as well as a knowledge of the Freddie Gray, Travon Martin, Central Park 5 and Michael Brown cases
Terms in this set (109)
Written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant.
A permissible warrant-less search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place.
The principle that illegally obtained evidence must be excluded from trial.
When there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure.
"Good faith" exception
Exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate, or a consent to search by someone who lacked authority to give such permission.
"Inevitable discovery" rule
Supreme Court ruling that improperly obtained evidence can be used when it would have later been inevitable discovered by the police.
Permissible warrant-less search of vehicle that has been "impounded" - meaning that it is in police custody - so that police can make a record of the items contained in the vehicle.
Plain view doctrine
Officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be.
An amount of reliable information indicating that is it more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime.
"Public safety" exception
Exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings when public safety would be jeopardized by their taking the time to supply the warnings.
Reasonable expectation of privacy
The objective standard developed by courts for determining whether a government intrusion into an individual's person or property constitutes a search because it interferes with the individual's interests that are normally protected from government examination.
A police officer's belief based on articulable facts that would be recognized by others in a similar situation as indicating that criminal activity is afoot and necessitates further investigation that will intrude on an individual's reasonable expectation of privacy.
Government officials' examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy.
Situations in which police officers user their authority to deprive people of their liberty or property and that must not be "unreasonable" according to the Fourth Amendment.
Government official's interference with an individual's freedom of movement for a duration that typically lasts less than on hour and only rarely extends for as long as several hours.
Limited search approved by the Supreme Court in Terry v. Ohio, that permits police officers to pat down clothing of people on the street if there is reasonable suspicion of dangerous criminal activity.
Totality of circumstances
Flexible test established by the Supreme Court for identifying whether probably cause exists the permits the judge to determine whether the available evidence is both sufficient and reliable enough to issue a warrant.
Chimel v. California (1969)
Supreme Court decision that endorsed warrant-less searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested.
Illinois v. Gates (1983)
U.S. Supreme Court decision that established the flexible totality of circumstances test for determining the existence of the probable cause needed for obtaining a search warrant.
Mapp v. Ohio (1961)
Supreme Court decision that applied the exclusionary rule as the remedy for improper searches by state and local officials.
Miranda v. Arizona (1966)
U.S. Supreme Court decision declaring that suspects in custody must be informed of their rights to remain silent and be represented during questioning.
Nix v. Williams (1984)
Legal decision in which the Supreme Court created the "inevitable discovery" exception to the exclusionary rule.
Tennessee v. Garner (1985)
Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.
Terry v. Ohio (1968)
Supreme Court decision endorsing police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity.
United States v. Drayton (2002)
Judicial decision declaring that police officers are not required to inform people of their right to decline to be searched when police ask for consent to search.
United States v. Leon (1984)
Supreme Court decision announcing the "good faith" exception to the exclusionary rule.
Weeks v. United States (1914)
Supreme Court decision applying the exclusionary rule as the remedy for improper searches by federal law enforcement officials.
Wolf v. Colorado (1949)
Supreme Court decision in which the Fourth Amendment was applied against searches by state and local police officers, but the exclusionary rule was not imposed as the remedy for violations of the Fourth Amendment by these officials.
five factors of police discretion
1. the nature of the crime.
2. the relationship between the alleged criminal and the victim.
3. the relationship between the police and the criminal or victim.
4. race/ethnicity, age, gender, class
5. departmental policy
the term commonly used to refer to intimate partner violence or violent victimizations between spouses, boyfriends, and girlfriends or those formerly in intimate relationships. Such actions account for a significant percentage of the violent victimizations experienced by women.
discretion with patrol officers?
They deal with citizens, often in private, and are charged with maintaining order and enforcing laws. Many of these laws are ambiguous and deal with situations in which the participants' conduct is in dispute
domestic violence: police in the past failed to make arrest in domestic violence situations?
Officers assumed family conflicts are private matters and were often insensitive to the victimization of women.
excessive use of force
applications of force against individuals by police officers that violate either departmental policies or constitutional rights by exceeding the level of force permissible and necessary in a given situation.
police officers' violations of law and departmental policy for personal gain or to help their family and friends.
police use of force?
risks that force will be used in ways that exceed what is needed for a specific situation; risks that force will be applied disproportionately to minority group members.
grass eaters and meat eaters? differences?
Grass eaters are officers who accept payoffs that police work brings their way. Meat eaters are officers who aggressively misuse their power for personal gain.
four less than perfect techniques are used to control the police:
1. internal affairs units
2. civilian review boards
3. standards and accreditation
4. civil liability lawsuits
internal affairs unit
a branch of a police department that receives and investigates complaints alleging violation of rules and policies on the part of officers
civilian review boards
citizens' committee formed to investigate complaints against the police
Commission on Accreditation for Law Enforcement Agencies (CALEA)
nonprofit organization formed by major law enforcement executives' associations to develop standards for police policies and practice; on request, will review police agencies and award accreditation upon meeting those standards.
Section 1983 lawsuits
civil lawsuits authorized by a federal statute against state and local officials and local agencies when citizens have evidence that these officials or agencies have violated their federal constitutional rights.
four methods used to increase the civic accountability of the police?
internal affairs units, civilian review boards, standards and accreditation, civil liability suits
internal affairs unit?
a unit within a police department designated to receive and investigate complaints alleging violation of rules and policies on the part of officers.
civilian review boards criticized by police officers? why?
police officers often fear that citizens do not understand the nature of law enforcement work and therefore will make inaccurate decisions about what constitutes improper behavior by officers.
police strategies and deployment of resources developed through examination of research on crime, social problems, and previously used strategies.
occurring in response, such as police activity in response to notification that a crime has been committed
acting in anticipation, such as an active search for potential offenders that is initiated by the police without waiting for a crime to be reported. Arrests for victimless crimes are usually proactive.
policing in which calls for service are the primary instigators of action.
a patrol strategy that assigns priorities to calls for service and chooses the appropriate response
approach to crime prevention and police productivity measurement pioneered in New York City and then adopted in other cities that involves frequent meetings among police supervisors to examine detailed crime statistics for each precinct and develop immediate approaches and goals for problem solving and crime prevention.
the percentage of crimes know to the police that they believe they have solved through an arrest; a statistic used to measure a police department's productivity.
Police strategies and deployment of resources developed through examination of research on crime, social problems, and previously used strategies.
policy that gives priority to calls according to whether an immediate or delayed response in warranted
examples of measures of police productivity?
crime statistics (CompStat), clearance rate, traffic citations.
police employees who have taken an oath and been given powers by the state to make arrests and to use necessary force in accordance with their duties
making the police presence known to deter crime and to make the officers available to respond quickly to calls
police officers, typically working in plain clothes, who investigate crimes that have occurred by questioning witnesses and gathering evidence
school resource officers (SROs)
Police officers assigned for duty in schools to assist in order maintenance while also developing positive relationships with students that may assist in delinquency prevention
traffic regulation is a major job of the police in which they regulate the flow of vehicles, investigate accidents, and enforce traffic laws. Traffic work is mostly proactive and permits officers to use broad discretion about whom to stop and whether to issue a citation.
Enforcement of vice laws depends on proactive police work, which often involves the use of undercover agents and informers.
drug law enforcement
Drug enforcement sometimes reflects the goal of aggressive patrol, or assigning resources so as to get the largest number of arrests and to stop street dealing. Many public officials argue that drugs should be viewed as a public health problem rather than as a crime problem
three parts of the patrol function?
answering calls for assistance, maintaining a police presence, probing suspicious circumstances.
four steps in the apprehension process?
1. detection of crime
2. preliminary investigation
3. follow-up investigation
4. clearance and arrest.
three kinds of special operations units that police departments often employ?
traffic, vice, narcotics
Kansas City Preventive Patrol Experiment
a 15-beat area was divided into three sections, each with similar crime rates, population characteristics, income levels, and numbers of calls to the police. In one area, labeled "reactive," all preventive patrol was withdrawn, and the police entered only in response to citizens' calls for service. In another section, labeled "proactive," preventive patrol was raised to as much as four times the normal level; all other services were provided at the same levels as before. The third section was used as a control, with the usual level of services, including preventive patrol, maintained. After observing events in the three sections for a year, the researchers concluded that the changes in patrol strategies had had no major effects on the amount of crime reported, the amount of crime as measured by citizen surveys, or citizens' fear of crime (Kelling, Pate, Dieckman, & Brown, 1974). Neither a decrease nor an increase in patrol activity had any apparent effect on crime.
places where crimes are likely to occur
a proactive form of patrolling that directs resources to known high-crime areas.
a patrol strategy designed to maximize the number of police interventions and observations in the community
1. focusing on community-based crime prevention
2. changing the focus of patrol activities to nonemergency services
3. making the police more accountable to the public
4. decentralizing decision making to include residents
an approach to policing in which officers routinely seek to identify, analyze, and respond to the circumstances underlying the incidents that prompt citizens to call the police
foot patrol advantages? motorized patrol?
officers on foot patrol have greater contact with residents of a neighborhood, thus gaining their confidence and assistance. Officers on motorized patrol have a greater range of activity and can respond speedily to calls.
aggressive patrol is a proactive strategy designed to maximize the number of police interventions and observations in a community.
community policing major elements?
community policing emphasizes order maintenance and service. It attempts to involve members of the community in makin their neighborhoods safe. Foot patrol and decentralization of command are usually part of community-policing efforts.
community crime prevention
programs through which criminal justice officials cultivate relationships with and rely on assistance from citizens in preventing crime and apprehending offenders within neighborhoods
"special populations" pose challenges for policing?
runaways and neglected children; people who suffer from homelessness, drug addiction, mental illness, or alcoholism
policing in a multicultural society difficult?
stereotyping, cultural differences, language differences
citizens watch groups and similar programs helpful to the police?
they assist the police by reporting incidents and providing information
aftermath of 9/11
-shifted FBI focus to international and domestic terrorism
-brought expansion, redirection, and reorganization
-creation of Department of Homeland Security
the International Criminal Police Organization formed in 1946 and based in France with the mission of facilitating international cooperation in investigating transnational criminal activities and security threats.
U.S. boarder patrol
Federal law enforcement agency with responsibility for border security by patrolling national land borders and coastal waters to prevent smuggling, drug trafficking, and illegal entry, including entry by potential terrorists
law enforcement intelligence
Information, collected and analyzed by law enforcement officials, concerning criminal activities and organizations such as gangs, drug traffickers, and organized crime.
centers run by states and large cities that analyze and facilitate sharing of information to assist law enforcement and homeland security agencies in preventing and responding to crime and terrorism threats.
What have law enforcement officials done to enhance the protection of homeland security?
planning and coordinating with other agencies, gathering intelligence, acquiring new equipment, and providing training
USA PATRIOT Act
a federal statute passed in the aftermath of the terrorist attack of 9/11/2001, that broadens government authority to conduct searches and wiretaps and expands the definitions of crimes involving terrorism
What are the criticisms directed at the USA PATRIOT Act?
permits too much government authority for searches and wiretaps; defines domestic terrorism in ways that might include legitimate protest groups.
What has caused the growth of security management and private policing?
companies' recognition of the need to protect assets and to plan for emergencies, as well as problems with employee theft, computer crime, and other issues that require active prevention and investigation
three models for private employment of police officers?
department contract model, officer contract model, and union brokerage model
Describe the everyday actions of police.
-To carry out their mission, the police must have the public's cooperation and assistance because they depend on the public to help them identify crime and carry out investigations.
-Factors affect how police exercise discretion and make choices about actions, especially in ambiguous situations when it is not clear how to apply the law.
Identify the ways police can abuse their power and the challenges of controlling this abuse.
-Police corruption and excessive use of force erode community support.
-Studies of excessive use of force, especially the use of lethal force, raise questions about whether it is used in a biased manner.
-Police corruption includes officers who actively seek personal gain and others who simply accept the gifts and payoffs that come their way.
methods that can be used to make police more accountable to citizens
-Internal affairs units, civil review boards, standards and accreditation, and civil liability lawsuits increase police accountability to citizens.
delivery of police services
-The police are mainly reactive rather than proactive, which often leads to incident-driven policing.
-The productivity of a force can be measured in various ways, including clearance rate; however, measuring proactive approaches is more difficult.
-Police services are delivered through the work of the patrol, investigation, and specialized operations units.
-The patrol function has three components: answering calls for assistance, maintaining a police presence, and probing suspicious circumstances.
-The investigative function is the responsibility of detectives, who work in close cooperation with patrol officers.
-The felony apprehension process is a sequence of actions that includes crime detection, preliminary investigation, follow-up investigation, and clearance and arrest.
-Large departments usually have specialized units dealing with traffic, drugs, and vice.
patrol strategies that departments employ
-Police administrators make choices about possible patrol strategies, which include preventive patrol, hot spots, foot versus motorized patrol, aggressive patrol, and community policing.
-Community policing seeks to involve citizens in identifying problems and working with police officers to prevent disorder and crime.
importance of connections between the police and the community
Police face challenges in dealing with special populations, such as the mentally ill and homeless, who need social services yet often disturb or offend other citizens as they walk the streets.
Policing in a multicultural society requires an appreciation of the attitudes, customs, and languages of minority group members.
To be effective, the police must maintain their connection with the community.
issues and problems that emerge from law enforcement agencies' increased attention to homeland security.
Homeland security has become an important priority for law enforcement agencies at all levels of government since September 11, 2001.
Agencies need planning and coordination in order to gather intelligence and prepare for possible threats and public emergencies.
The federal government provides funding for state and local fusion centers and emergency preparedness equipment.
New laws such as the USA PATRIOT Act have caused controversy about the proper balance between government authority and citizens' rights.
policing and related activities undertaken by private sector security management.
The expansion of security management and private policing reflects greater recognition of the need to protect private assets and to plan for emergencies.
Security management produces new issues and problems, including concerns about the recruitment, training, and activities of lower-level private security personnel.
Public-private interaction affects security through such means as joint planning for emergencies, hiring of private firms to guard government facilities, and hiring of police officers for off-duty private security work.
What do the CP 5, Trevon Martin, Freddie Gray and Michael Brown cases have in common?
all victims were black which is why the cases became so significant
CP5: Who were the central park 5?
CP5: When did the attack occur?
April 19th, 1989
CP5: outline the details of the Central Park 5 case
Assaulted and left for dead, the 28-year-old jogger, Trisha Meili, would survive grave injuries and a coma with no memory of the events. Within days of the attack, McCray, 15; Richardson, 14; Salaam, 15; Santana, 14; and Wise, 16, implicated themselves in Meili's rape and beating after hours of psychological pressure and aggressive interrogation at the hands of homicide detectives. The ensuing media frenzy was met with a public outcry for justice. The young men were tried as adults under New York laws of the day — and convicted, despite inconsistent and inaccurate confessions, DNA evidence that excluded them, and no eyewitness accounts that connected them to the victim. It wasn't until December 19, 2002, Justice Charles J. Tejada of the Supreme Court of the State of New York granted a motion to vacate the thirteen-year-old convections in the infamous case. After many of the boys had already served their sentences. He did so based on new evidence: a shocking confession from a serial rapist, Matias Reyes, and a positive DNA match to back it up.
TM: Who was Treyvon Martin?
17-year-old African American from Miami Gardens, Florida, who was fatally shot in Sanford, Florida by George Zimmerman
TM: Who shot Treyvon Martin?
TM: When was Treyvon Martin shot?
February 26, 2012
TM: outline the details of the Treyvon Martin case
In late February 2012, Martin spent his third high school suspension visiting his father, whom he was close to, and his father's fiancée, Brandy Green, at Green's home in a gated community, The Retreat at Twin Lakes in Sanford, Florida.
In response to a rash of robberies and burglaries, the residents of the community established a neighborhood watch in September 2011. George Zimmerman, one of the residents, was selected as the program coordinator. Zimmerman regularly patrolled the streets and was licensed to carry a firearm. From August 2011 to February 2012, Zimmerman had called police several times to state he had seen individuals whom he had deemed as suspicious. All of the reported figures were black males. From his SUV, Zimmerman called the police department at 7:11 PM to report a "suspicious guy," Martin, walking between homes and starting to run. The dispatcher told Zimmerman not to get out of his car and follow Martin, with Zimmerman disregarding instructions and pursuing the teen. Martin was on the phone with his girlfriend when he was spotted by Zimmerman. She stated that Martin noticed that he was being followed by someone and thus began to run, with the two soon losing contact with each other via Martin's earpiece. Martin and Zimmerman, whom it is believed never identified himself as part of a community watch, encountered each other in circumstances that have remained mysterious and conflicted, with someone calling out for help multiple times in a short time span. The confrontation ended with Zimmerman shooting the unarmed teenager in the chest. Martin died less than a hundred yards from the door of the townhouse in which he was staying.
FG: Who was Freddy Gray?
a 25-year old african american male who was arrested and then died at the hands of police
FG: How did Freddy Gray die?
spinal cord injury
FG: outline the details of the Freddy Gray case
On April 12, 2015, Freddie Carlos Gray, Jr., a 25-year-old Black American man, was arrested by the Baltimore Police Department for possessing what the police alleged was an illegal switchblade under Baltimore law. While being transported in a police van, Gray fell into a coma and was taken to a trauma center. Gray died on April 19, 2015; his death was ascribed to injuries to his spinal cord.On April 21, 2015, pending an investigation of the incident, six Baltimore police officers were suspended with pay. The circumstances of the injuries were initially unclear; eyewitness accounts suggested that the officers involved used unnecessary force against Gray during the arrest—a claim denied by all officers involved.Commissioner Anthony W. Batts reported that, contrary to department policy,the officers did not secure him inside the van while driving to the police station; this policy had been put into effect six days prior to Gray's arrest, following review of other transport-related injuries sustained during police custody in the city, and elsewhere in the country during the preceding years. The medical investigation found that Gray had sustained the injuries while in transport. The medical examiner's office concluded that Gray's death could not be ruled an accident, and was instead a homicide, because officers failed to follow safety procedures "through acts of omission.
MB: Who was Michael Brown?
an 18 year old african american male who was the suspect in an armed robbery, who was then followed by police and fatally shot
MB: outline the details of the Michael Brown case
The shooting of Michael Brown occurred on August 9, 2014, in Ferguson, Missouri, a northern suburb of St. Louis. Brown, an 18-year-old black man, was a suspect in a "strong-arm" robbery of a convenience store. Brown was fatally shot by Darren Wilson, a 28-year-old white police officer in an encounter that took place several minutes and a short distance away from the convenience store, after officer Wilson received a radio alert which included a description of a suspect.Brown was accompanied by his friend Dorian Johnson who was 22.Wilson alleged that an altercation ensued when Brown attacked Wilson in his police vehicle for control of Wilson's gun until it was fired.Brown and Johnson then fled, with Wilson in pursuit of Brown. In the entire altercation, Wilson fired a total of twelve bullets;the last was probably the fatal shot. The shooting sparked unrest in Ferguson. Believing accounts that Brown had his hands up in surrender when he was shot, protesters chanted, "Hands up, don't shoot."
MB: Who shot Michael Brown?