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INTRO TO JUSTICE SYSTEMS
WHAT IS THE AMERICAN CRIMINAL JUSTICE SYSTEM?
Three components: Police Courts Corrections Discuss and list the hierarchy of each and their powers Federal, state, local and even private Identify as many as possible of each component All of them centers on the combating of crime. All right, now we have to answer as to: What is crime? Book Definition [page 5] Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse. NYS Penal Law Definition The commission of an act prohibited, Or the omission of an act required, By the Penal Code of an organized political state. Do the line bar graph of criminal offenses
This entire criminal justice process is broken down in the following manner: A law is created to ensure public safety and order - called prior notice. A perpetrator violates this law, either with or without culpability. It now takes a law enforcement agency to determine if there is reason or grounds for an arrest An arrest is made of the perpetrator which includes booking in most cases.* Three levels of arrest powers o Police o Peace o Civilian THIS IS THE BEGINNING OF THE RIGHTS CALLED DUE PROCESS.** The perpetrator, now the defendant, enters into the court stage. This will include the arraignment, possibility of bail, hearings, the trial and adjudication [determination of guilt or innocence, sentencing]. Enter into the corrections phase. This will include any one of a number of options that the court has to entertain. o ACD o CD o fine o probation o incarceration in multiple forms depending on court and offense o capital punishment o combination of fine and incarceration.
- The Miranda Warnings issue DO THE ARREST TO ADJUDICATION PROCESS ** Due Process Page 18 definition
o Problems with above Statistical reporting problems o Page 37 – Definition of Forcible Rape for UCR purposes o NYS Definition of Forcible Rape according to §130.35(1) CAN A MALE BE RAPED? Part 2 Offenses on page 46 Little or no victimless crimes are reported here making figures way off National Crime Victimization Survey Based on citizen reports versus police reports Problems associated with that Statistical facts 15% of all households are victims 24 million citizen victims each year City residents are twice as likely to be victims versus rural ½ of all violent and slightly more that 1 in 3 of property crimes are reported to police Men more likely to be victims Younger people more likely than elderly Blacks are more likely than all other races Lower-income families are more susceptible Review chart on page 50 Table 2- Are they really accurate? There is often times no police data to support the claims as they do not involve police reporting. Chapter 3 Criminal Law Rule of Law – principle that an orderly society must be governed by written rules made known to the public, applied in a fair and equitable manner to the populace.
PRIOR NOTICE
Law – regulates relationships between people and parties -a rule of conduct, generally found enacted in the form of a statute , that proscribes or mandates certain forms of behavior. Statutory Law – written down in a law book
- codified Case Law – interpretive; argued out in a court of law and built on judicial precedent; established via past interpretations of statutory laws. Common Law – law originating from usage and custom versus statute. Based upon English system of justice. Five types of Law :
- Criminal Law – offenses against society, persons, property and social order
- penal code – not to be confused with Penal Law
- that is a form of substantive criminal law o defines crimes and punishments
- Name all the criminal laws in NYS
- Complainant & defendant ∆
- Civil Law – governs non-criminal relationships between parties
- does not seek punishment but compensation
- damages
- tort – a wrongful act against another person
- plaintiff & defendant
- Motive – the reason for committing the crime
- Strict liability – does not have mens rea o most traffic violations o statutory rape o many federal offenses
- Concurrence – the coexistence of:
- an act in violation of the law
- a culpable mental state
- must have both for a crime to take place
- reason why some incidents have so many arrests for the one act Elements of a crime page 84
- One of the essential features of that crime as specified by law or statue
- Those requirements to make the arrest Corpus Delecti page 86
- the body of the crime
- proof that a crime occurred
- specific incidents
- Arson Types of Defenses to a Criminal Charge page 88 Can be by the defendant, the defense attorney or both Alibi - a statement of contention that offers the claim [sometimes the proof] that the defendant was too far from the crime scene to commit the criminal act they were charged for.
- Crime scene definition – area in which the criminal act occurred and any related area
- Only defense that states outright innocence
-they were not there! Justification – defendant admits to doing the incident, but was done so in avoidance of something worse happening
- Section 35 exceptions Self-Defense – most well known and encountered
- pursuant to §35.
- term reasonable force Question – Is your home your castle? Defense of others – also found in §35.
- defense of a third person
- NYS does not use the Alter Ego Rule
- Does mandate that actions are reasonable Necessity – criminal act necessary for a greater good
- in order to prevent something worse from happening
- the book example!!!!!!!!!!!!!!!! Consent – harm was the result of consent of the victim
- rough sex or consensual sex the most common
- statutory rape
- Elbridge homicide
- Throop domestic
- The murder / cannibal incident in NYC Resisting arrest unlawful – you cannot resist a lawful arrest
- can resist an unlawful arrest
- Do you know that the arrest is unlawful?
- Can resist the use of excessive force – but what is excessive force by a police, peace or civilian?
- Do you have to comply with arrest by a civilian?
- Ithaca murder defense
- Prozac Defense
- mental incompetence – incompetent to stand trial
- refers to the condition of the person PRIOR to the trial
- not the condition of the person at the time of trial Procedural Defenses: person discriminated against by and in the justice system, or some official procedure was not followed in the investigation or prosecution.
- Entrapment – induced to commit a crime by police or public official
- Double jeopardy – cannot be tried a second time for same offense; must be brought in on new evidence
- Collaterial Estoppel – similar to double jeopardy
- selective prosecution – based on 14th^ Amendment
- denial of a speedy trial – prosecution must be prepared to go to trial within 120 days of arrest
- defense has the right to delay it longer
- Prosecutorial Misconduct – on part of the prosecutor
- does something to sway the opinion
- usually outside his scope of authority
- Police Fraud – way too much television here
- a sense of paranoia per the book
- The NYSP and the Kinge Murders
- http://vertumnus.courts.state.ny.us/claims/ html/2004-009-61.html
- The Roth Report
Chapter 4 Policing: Purpose and Organization The Police Mission
- enforce and support the laws of the society of which the police are a part TTH
- investigate crimes and apprehend offenders
- prevent crime
- help ensure the domestic peace and tranquility
- provide the community with needed enforcement- related services Enforcing the Law book states 10 – 20% of all calls involve law enforcement related incidents – those that could lead to arrest Then what are the other calls? How much of an 8 hour shift is applied to actual police work? Also have the expectation of police supporting laws Only career in which you can get in trouble for off- duty actions that the agency deems inappropriate Apprehending Offenders Arrest of those who violate law A reactive approach Observed criminal activity arrests versus investigative Sun Tzu – “The Art of War” – circa 100BC “To win without fighting is best” o “The superior militarist foils enemies’ plots; o Next best is to ruin their alliances; o After that is to attack their armed forces; o Worst is to besiege their cities”. How does that apply to law enforcement? John Lamphere – circa 1954AD o “The superior officer foils criminals’ plots;
o Syracuse Police ‘profiling’ complaints Providing Services Just what does law enforcement offer besides arresting you? Is it mandated or an option? American Policing: From Federal to the Local Levels What is the difference between them? Just how many are there out there? List the different agencies that COULD operate on a daily basis in Oswego County! o Check the photo on page 120 of your text Police chief – appointed from a civil service test o What are the qualifications? Sheriff o The chief law enforcement officer for each county in NYS o Shire – reif in ancient England o What are the qualifications? o Most agencies have less than 25 sworn officers Police Management Refers to the administrative activities that control, direct and coordinate police personnel, resources and activities for that agency Do the flow chart Policing Styles James Q. Wilson / O.W. Wilson
- the Watchman Style ‘order maintenance’
Not above roughing up people Old Oswego PD Sometimes linked to current NYPD
- the Legalistic Style strict interpretation of enforcing laws not concerned with community desires not concerned with public image or rules “My way or the highway……..” Jordan PD My administrator when first hired
- the Service Style programs and alternate solutions to crime community oriented Community Policing o Syracuse PD community vs. traditional – Table 4-4 on page 127 Police subculture biggest threat to this Inaccurate interpretation of police data o Syracuse and Quality of Life enforcement Police discretion http://criminaljustice.state.ny.us/crimnet/ojsa/agdir/ intro.htm
Must have one of four elements: A. Community based crime prevention B. Reorganization of patrol to include importance of non- emergencies C. Increased police accountability to the public D. A decentralization of the police command rank to include civilian Discuss Table 4 - 4 and what they mean Community Policing Problems attitudes of minority groups to the police the ambiguity of the concept of community - what is a community? differences in opinions as to problems and solutions within that community not all police like to be placed on community policing and handle those calls goals of community policing are usually opposite standards performance evaluations band aid approach by police time, manpower, call volume lack of police authority lack of support from command who perceive reduced or limited authority The POLICE SUBCULTURE COPS “not why I took the position” “not the way I perceived it to be” It takes a special kind of officer to do it they get tired of it after a while social worker vs. police officer mentality
Chapter 5 - Policing: Legal Aspects The Abuse of Police Power Is there a crisis or does it randomly occur? What are some of your examples of abuse? mw Bill of Rights Table 5- Question: Is there ever a time in which your basic rights as guaranteed under the Bill or Rights should or could be suspended? Search and Seizure under the 4th^ Amendment Was the evidence seized legally was a warrant necessary was the interrogation conducted legally 1914 Weeks vs. US - that incriminating information [which includes both statements and property] must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial. Illegally seized evidence Exclusionary Rule – evidence must be seized as per law or can not be used in trial. Fruit of the Poisoned Tree doctrine: a legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure. Anything taken once this fruit is plucked, and all things related to it, are non-admissible.
When you provide me with a CONFESSION [a statement concerning all the facts and involvement in regards to the crime], that is evidence that will be used against you. All confessions must be corroborated ; meaning that a person cannot be convicted solely upon signing a piece of paper that he did a specific act. There must be other sorts of evidence [physical or statements made by other people] supporting the claim by the person that they violated a specific criminal offense. An ADMISSION is not as complete as a confession. Here the person offers portions of the criminal offense or involvement, but leaves open details. While not as good as the confession, a person who gives an admission, either written or oral [the 710.30 form], can have that statement used against them or others in court. That, too, must be corroborated. Whatever the type of evidence, it is no good if it is obtained in violation of the EXCLUSIONARY RULE. This is a standard in which any form of evidence, if taken outside the general rules of obtaining evidence, is deemed illegal. How do I violate such rules? If I obtain the evidence by physical abuse, inherent coercion, lack of Miranda Warnings, psychological manipulation, illegal searches and improper arrest procedures to name a few mentioned in the text. As such, any evidence that I obtain from violating any of those rules will be called Fruit of the Poisoned Tree, and as such, any evidence obtained as a result of that 'illicit fruit picking" [sorry] is inadmissible. Now, there are safeguards built into this. Let us say that the officer thought that he was doing everything right. It might fall under what is called the GOOD-FAITH DOCTRINE. This allows for the officer, by articulating later to the courts, to show that what he did was done under the mistaken belief that it was all within the confines of the law. The officer had an acceptable mistaken belief that he was acting according to all the rules. If the judge determines that the officer did not do it intentionally, but was an honest
mistake, the evidence might be allowed. With this, the court tries to minimize technical difficulties and mistakes. No matter how prudent an officer is, there are bound to be honest mistakes. This doctrine takes it into account. Much of this is based on PROBABLE CAUSE , the belief of a reasonable and prudent person that a criminal offense has occurred. It is stronger than REASONABLE BELIEF and is the basis for arrests, warrants and evidence seizure. [Read more about these in your text.] On page 205 of your text within Table 5 - 3 are the exceptions to the exclusionary rule. Read them as they are very important. One not mentioned that is of extreme importance is Pennsylvania vs. Mimmus. This Supreme Court ruling allows for a police officer to remove any and all occupants of a motor vehicle and subject them to a Pat Frisk. This was tested just again just recently and the courts expanded the rights of the police within this ruling. There are other exceptions which include: o plain view o emergency searches o search incident to arrest o impounding of vehicles o consent searches o those by police officers empowered to do so by the law. Ever get stopped and have the police just begin to search your car? Illegal and upheld in Knowles vs. Iowa. Vehicle searches are a long standing fight between the police and the courts. Your text talks about Carroll back during Prohibition, with cases just within the past couple of years [ Ross ] that have determined the scope of the vehicle search. Recent cases such as Wyoming vs. Houghton [parcels in the vehicle] and Thornton vs. US [vehicle search once driver or occupant has walked away from it] have increased police powers. There are legal ways and once you obtain it, all portions of the vehicle can come under
