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80 terms

Chapter 13-Police and the law

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The ________________ pattern is considered by the courts in adjudicating a càse
fact
By ________________ people, the police take away what americans value most highly: their freedom and their liberty
arresting
The police must know the ________________ and must apply it correctly
law
How many federal courts of appeals are there?
12
How many U.S. district courts?
94
The state system
courts established by state constitution and laws
How do we measure crime?
1) Uniform crime reports (UCR) crime index, crime index offenses cleared, persons arrested, law enforcement personnel 2) national crime victimization survey
_____________________ million arrests for all criminal infractions except traffic violations
13.7
___________________ million of these arrests were for the FBI's index of part 1 crimes
2.3
Remaining _______________million arrests were for various other offenses.
12.5
crime and punishment
1) elements of the crime must be proven 2) without a law, there is no crime 3) malum in se 4) malum prohibitum 5) insanity defense 6) plea bargain
THe billof rights and the 14th amendment
1) constitution is a continuing, dynamic document 2) the law is always changing 3) U.S. criminal justice system is based on the bill of rights 4) Bill of rights extended to the states 5) due process clause
The role of the supreme court in regulating the police
1) judicial review 2) the exclusionary rule
probable cause
arrest is restricted by the 5th amendment probable cause is more than reasonable suspicion (necessary for police officers to conduct stop and frisks)
Reasonable and deadly force in making arrests
1) reasonable force: amount of force necessary to overcome resistance 2) escalation of force 3) rodney King incident (1991) 4) Scott v. Harris (2007) does not violate the 4th amendment
police traffic stops
1) texas education agency law enforcement course (7-
crime
Any act that the government has declared to be contrary to the public good, that is declared by statue to be a crime, and that is prosecuted in a criminal proceeding
Uniform Crime Reports (UCR)
yearly collection of aggregate crime statistics prepared by the FBi based upon citizens reports of crimes to the police
National Crime victimization survey (NCVS)
National institute of Justice survey of a random sample of U.S. houselholds, asking them if a crime was committed against anyone in the household during the prior 6 months
malum in se
An act that is wrong in itself -that is illegal in its very nature because it violates the natural, moral or public principles of a civilized society.
malum prohibitum
A wrong due to being prohibited, an act that is made a crime by statute.
judicial review
process by which actions of the police in areas such as arrests, search and seizure and custodial interrogations are reviewed by the court system to ensure their constitutionality
exclusionary rule
an interpretation of the U.S. constitution by the U.S. Supreme court that holds that evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant
silver platter doctrine
legal tactic that allowed federal prosecutors to use evidence obtained by state police officers through unreasonable searches and seizures
arrest
The initial taking into custody of aperson by law enforcement authorities to answer for a criminal offense or violation of a code or ordinance
probable cause
evidence that may lead a reasonable person to believe that a crime has been committted and that a certain person committed it.
reasonable suspicion
The standard of proof that is necessary for police officers to conduct stops and frisks
reasonable force
The amount of force an officer can use when making an arrest
search and seizure
legal concept relating to the search for and confiscation of evidence by the police
search warrant
a writen order based on probable cause and signed by a judge, authorizing police to sèarch a specific person, place, or property to obtain evidence
Exigent circumstances
One of the major exceptions to the warrant requirement of the 4th amendment. exigency may be defined as emergency.
stop and frisk
The detaining of a person by law enforcement officers for the purpose of investigation, accompained by a superficial examination of the persons body surface or clothing to discover weapons, contraband, or other objects relating to criminal activity
field interrogation
unplanned questioning of an individual who has aroused the suspicions of an officer
Terry stop
Based on the U.S. Supreme court decision in Terry v. Ohio, the standard for allowing police officers to perform a stop and frisk (pat down) of a suspect.
plain view evidence
Evidence seized by police without a warrant who have the right to be in a positionto observe it
crime scene
the location where a crime occured
Carroll doctrine
based on the landmark 1925 U.S. Supreme Court Case Carroll v. U.S. the legal doctrine that automobiles have less 4th amendment protection than other places
custodial interrogation
the questioning of a person in police custody regarding his or her participation in a crime
3rd degree
The pattern of brutality and violence used by the police to obtain confessions by suspects
Miranda Rule (miranda warnings)
Rule established by the U.S.Supreme court in the landmark case Miranda v. U.S. (1966) that requires the police to advise suspects confrontttting custodial interrogation of their constitutional rights
habeas corpus
A writ requiring that an arrested person be brought before a court to determine whether he or she has been legally detained
lineup
police identification procedure involving the placing of a suspect with a group of other people of similar physical characteristics so that a witness or victim of a crime can have the opportunity to identify the perpetrator of the crime
showup
Police identification pprocess involving bringing a suspect back to the scene of the crime or another place where the suspect can be seen a dn possibly identified by a victim or witness of a crme
photo array
police identification procedure similar to a lineup, except that photos of the suspect (who is not in custody) and others are shown to a witness or victim of a crime
What is not controlled by the 5th amendment?
canine sniffs
Canine sniffs are created by ___________________ _________
probable cause
Canine sniffs have few real legal challenges in the courts due to ___________?
reliability
Canine sniffs reveals only the presence of ________________?
contraband
What are the 14 exceptions to the warrant requirement?
1) incident to lawful arrest 2) field interrogations (stop and frisk) 3) terry stop 4) exigent circumstances 5) consent searches 6) plain view 7) abandoned property 8) inventory 9) open fields 10) the automobile exception 11) border searches 12) good faith 13) suspicionless search of a parolee 14) searches by private persons
What is the path to miranda
1) end of the 3rd degree 2) remaining silent 3) the prompt arraignment rule 4) entry of lawyers into the station house
The miranda ruling
Miranda v. Arizona (1966) Miranda rule or miranda warnings
The erosion of miranda
1) large # of cases brought to the supreme court to challenge and question miranda 2) habeas corpus
The Dickerson ruling and beyond
Dickerson v. U.S. (2000) Supreme court ruled that miranda was a constitutional decision * cannot be overruled by congress 2) Miranda rule in Texas v. Cobb (2001) offense specific 3) 2-tier interrorgation technique, also known as beachheading
lineup
similar physical characteristics
showup
back to the scene of the crime
photo array
photos of the suspect
other identification procedures
eyewitness identification
How many major methods are used to measure crime in the United states?
2. UCR-uniform crime report and NCVS-national crime victimization survey
The United States is a nation governed by _______________
law
The U.S. Constitution is a continuing, dynamic __________________ constantly being reviewed by the U.S. Supreme court
document
U.S. criminal justice system is based on ?
The Bill of Rights
Most of the arrests made by the average police officer do not involve a _______________
warrant. because crimes an officer becomes aware of on the street necessitate immediate action and do not allow the officer the time necesary to go to court to obtain a warrant.
Police searches are governed by the ____________ amendment
4th
1st amendment
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, freedom of speech or of the press, or the right of people peaceably to assemble
4th amendment
The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures
5th amendment
No person shall be held to answer for a capital or otherwise infamous crime unless on apresentment or indictment of a grand jury, except in cases arising the land or naval forces or in the militia , when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness, against himself, nor be deprived of life, liberty or property without due process of law,nor shall private property be taken for public use without just compensation
6th amendment
right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have assistance of counsel for his defense
8th amendment
excessive bail shall not be required,nor excessive fines imposed, nor cruel and unusual punishments inflicted
14th amendment
nor shall any state deprive any person of life, liberty, or property without due process of law nor deny any person within its jurisdiction the equal protection of the laws
Weeks v. U.S. influenced police by regulating what?
how they should conduct their searches and seizures
Brown v. Mississippi, the court began to affect the police by ruling what?
That certain methods of police interrogation are unconstitutional
most Supreme court cases regarding crimninal justce try to strike a ____________ between the rights of the individual and the rights of society
balance
Mapp v. Ohio and Miranda v. Arizona are known as ____________________ cases and can bring about changes in police procedures
landmark
The major method used by the Supreme court to ensure that the police do not violate peoples constitutional rights is the _________________
exclusionary rule. which is an interpretation of the 14th amendment by the Supreme Court that holds that evidence seized in violation of the us constitution can't be used in court against a defendant
most of the arrests made by the police are based on the ______________ ________________ standard, which can be defined as evidence that may lead a reasonable person to believe that a crime has been committed and that a certain person committed it
probable cause
What is the standard necessary for police officers to conduct stop and frisks?
reasonable suspicion
searches are governed by ?
the 4th amendment
The U.S. supreme court has recognized 2 constitutional sources of the right to counsel during interrogation:
1) The court's interpretation in Miranda v. Arizona of the 5th amendment right against self-incrimination and the 2) 6th amendment
In Dickerson v. U.S. 2000, the Supreme court ruled that Miranda is a constitutional decision that cannot be overruled by an act of _____________________
Congress
The surreptitious ________________ of suspects conversations is an effective investigative technique that , if done pproperly can withstand both constitutional and stautory challenges
recording