CCJS 100 – Criminal Act Assignment - DUE FRIDAY

Introduction to Criminal Justice

Section 4.1: Early History of Policing

Prepared by Adam J. McKee

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English Origins The legal system of the United States traces its roots back to the common law of England.

The enforcement of those ancient laws was the responsibility of a criminal justice system that grew and evolved over a protracted period.

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English Heritage The protections against the abuse of police power that Americans enjoy today have their roots in English constitutional documents such as the Magna Carta .

Important features of modern American policing attributable to its English colonial past:

1. Legally limited police authority 2. Decentralized organizational structure

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Ancient Policing Historians and anthropologists regard the earliest system of law enforcement as kin policing .

In this primitive system, members of a clan or tribe banded together to enforce the rules of the group on rogue members.

The essence of kin policing was the idea that an attack on one member of the group was tantamount to an attack on the entire group.

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Formal v. Informal Note that this method was extremely informal: there were no courts or written system of laws.

Behavioral expectations were derived from group norms and customs.

When formal, written laws emerged, the need to enforce those laws emerged concurrently.

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Ancient Codes King Hammurabi of Babylon is credited with the first written criminal code.

The Code of Hammurabi was carved in large stones in the tenth century B.C.

The codes of ancient Greece and Rome have had an influence on Western law, as has the Mosaic Code .

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The Mutual Pledge System Among the earliest documented Western systems of law and law enforcement was the mutual pledge system .

The mutual pledge system consisted of groups of ten families bound to uphold the law, bring violators to court, and keep the peace.

These groups of ten families were known as tithings .

Each tithing was governed by a tithingman .

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How The System Worked All men over the age of twelve were required to raise the hue and cry when a crime was detected, and pursue the criminal with all of the men of the tithing.

A group of ten tithings was called the hundred , and the office of constable developed out of this organizational unit.

If a criminal could not be produced in court, then the Crown could fine the entire hundred.

In other words, every man was responsible for the conduct of every other man.

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The Shire-Reeve Hundreds were combined into administrative units known as Shires (or Counties), under the jurisdiction of the shire -reeve .

The shire -reeve, whose job it was to maintain the King's peace in the Shire, was later shortened to the modern term sheriff.

Th e s h e riff h a s t h e p o we r t o ra is e a ll a b le -b o d ie d m e n in t h e co u n t y t o p u rs u e a crim in a l.

Th is p o we r wa s kn o wn b y t h e La t in p h ra s e p o s s e co m it a t u s .

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The Norman Era In 1066, the Normans invaded England and seized the throne.

The Norman King, William the Conqueror, quickly modified the mutual pledge system to aid in the consolidation of his power.

The modified system —known as the frankpledge system —was a tightening of the system then Normans found in place.

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The Constable System By the end of the thirteenth century, the constable system had developed into the system of rural law enforcement common to all of England.

The office of constable was filled by yearly elections within each parish (a religious division similar to a County).

The constable had the same responsibility as the tithingman, with the additional duties of being a royal officer.

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Urban Policing In urban areas, the watch and ward system developed along similar lines.

Officers of the watch would guard the town gates at night, conduct patrols to prevent burglary, arrest strangers appearing at night, and put out fires.

By the 1361 A.D., the old system had given way to constables working under justices of the peace.

This system would remain in place until the industrial revolution.

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Colonial America When the early colonists set up a system of laws and law enforcement in America, they brought the common law system of England with them.

In this early system, the county sheriff was the most important law enforcement official.

The duties of the sheriff in those times were far more expansive than they are today.

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Many Hats Then the sheriff collected taxes, supervised elections, and so forth.

As far as law enforcement goes, the role of the sheriff in colonial America was completely reactive.

If a citizen complained, the sheriff would investigate the matter.

If evidence could be collected, an arrest would be made.

There were no preventive efforts, and preventive patrol was not conducted.

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Decentralization The United States has followed a different path than many other countries.

Whereas many western nations have national police forces, the United States is still very fragmented.

Policing is done mostly on the local level.

One term for this decentralized .

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Criticisms of Decentralization While there are some rather abstract political advantages to a decentralized system of law enforcement, it is not without cost.

Many critics call for the amalgamation and centralization of police forces, citing a wide variety of reasons such as preventing wasted effort and wasted resources.

The decentralized nature of modern American policing stems from its roots in the English past.

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The Met In 1829, Home Secretary Robert Peel convinced the Parliament in England to pass the Metropolitan Police Act.

The primary purpose of the Act was to do away with the ineffectual patchwork of policing measures then practiced in London, and establish an around the clock, uniformed police force charged with preventing disorder and crime.

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Peel’s Innovations Peel is credited with many innovations that became standard police practice around the world.

A major shift was an effort at crime prevention rather than “raising the hue and cry” after a crime was committed.

In other words, the focus of policing efforts shifted from reactive to proactive .

This shift meant that the new police force was tasked with preventing crime before it occurred rather than responding to it after the fact.

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Preventive Patrol A key element of this proactive strategy was preventive patrol .

Police constables became known as “Bobbies” after Robert Peel.

The city of London was divided up into beats, and the Bobbies were ordered to patrol their beats on foot.

The idea was that the presence of these uniformed officers on the streets would deter crime.

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Military Character The militaristic nature of most modern police forces was also one of Peel’s innovations.

He used a military -style organizational structure, complete with ranks like sergeant, lieutenant, and captain.

While commonplace now, military -style uniforms were an innovation.

Command and discipline were also conducted along military lines.

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Why We Didn’t Nationalize It was not long before the value of such police forces was noted by America’s largest cities and the idea was selectively imported.

The main element of the British model that Americans rejected was the nationalization of police services.

Americans at the time were still fearful of strong central authority, and elected to establish police forces on a local level.

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Political Influence While arguably more democratic, decentralized police forces organized on the local level were not nearly as well insulated from local politics as their British counterparts.

Political leaders were able to exert a large amount of influence over police hiring, policy making, and field practices.

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Policing in America There is some debate amongst the concerned departments as to whether Boston or New York City was the first modern police force in the United States.

Boston’s day watch was established in 1838, and many credit this as the first modern police force.

New York City formed its police force in 1844.

Most other large cities soon followed suit, and full -time, salaried officers became the norm.

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Early Problems Early police forces were highly political.

Graft and corruption were rampant.

Police ranks were filled with officers of particular ethnic groups to garner votes for particular politicians.

Criminals paying off the police to ignore vice crimes was also common.

Policing was more about political advantage than protecting public safety in many neighborhoods.

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The Political Era Efforts to eliminate corruption were doomed from the start because the very politicians that had the power to end it benefited from it.

This period from approximately 1940 to 1920 has become known as the political era of policing due to these political ties.

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The Reform Era The end of the 19 th century saw progressive thinkers attempt to reform the police.

Progressivism was a broadly focused political and social movement of the day, and the police were swept up in this wave of progress, improvement, and reform.

The status quo of policing would not withstand its momentum.

A primary objective of the police reformers of this era was to reduce substantially the power of local politicians over the police.

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Civil Service An important reform was the institution of civil service .

The aim of civil service was to make selection and promotion decisions based on merit and testing rather than by the corrupt system of political patronage of the previous era.

Within police circles, the progressive movement spawned an interest in the professionalization of policing.

Model professional police departments would be highly efficient, separated from political influence, and staffed by experts.

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Introduction to Criminal Justice

Section 4.2: The Structure and Nature of Policing

Prepared by Adam J. McKee

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The Myth Perhaps the most enduring myth of criminal justice is the actual role of the police officer in our society.

From early television programs such as Dragnet u p t o t o d a y’s m o s t co m p e llin g crim e d ra m a s , co p s live a life fu ll o f d a n ge r, a lwa ys e n co u n t e rin g d a n ge ro u s fu git ive s , s e ria l kille rs , a n d o t h e r villa in s t h a t m u s t b e o u t wit t e d , o u t fo u gh t , a n d o u t gu n n e d .

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The Reality Of course, danger is part of the police job.

It is a mistake to assume that this is the only job that the police do.

Most of what the police do on a daily basis is to deal with what Herman Goldstein (1990) called “the residual problems of society.”

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Police Functions Movies and television have defined the role of the police in the popular imagination as that of “crime fighter.”

In reality, catching “bad guys” and investigating crimes is only a small fraction of what the police are called upon to do every day.

Calls for social services order maintenance tasks are far more common.

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Police Problems A large fraction of the average police officer’s shift is spent helping people with problems that have nothing to do with apprehending felons.

People get hurt in automobile accidents, and police officers are there to render aid.

People lose things ranging from cell phones to children, and expect the police to help find them.

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The Average Day Some authors estimate that well over fifty percent of calls for police services involve these kinds of social service tasks.

By comparison, these same authors estimate that only about 20% of calls for police services relate to crime.

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Arrests & Order Maintenance Many law enforcement activities have to do with keeping society running smoothly.

These things —such as traffic control, crowd control, and moving prostitutes off the streets —are frequently referred to as “order maintenance” activities.

A key difference between law enforcement and order maintenance is that order maintenance activities are not generally concerned with the letter of the law, but rather keeping the peace.

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Informal Solutions Arrest is always an option when an officer is trying to preserve the peace, but less formal solutions are far more commonly employed.

For example, when the driver of a stopped car that is blocking traffic complies with an officer’s request to move along, no citation is issued.

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Police Functions The American Bar Association (1986), in a document called Standards Relating to the Urban Police Function, lists 11 responsibilities of the police:

(a) identify criminal offenders and criminal activity and, where appropriate, to apprehend offenders and participate in subsequent court proceedings;

(b) reduce the opportunities for the commission of some crimes through preventive patrol and other measures;

(c) aid individuals who are in danger of physical harm;

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Police Functions (Cont.) (d) protect constitutional guarantees;

(e) facilitate the movement of people and vehicles;

(f) assist those who cannot care for themselves;

(g) resolve conflict;

(h) identify problems that are potentially serious law enforcement or governmental problems;

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Police Functions (Cont.) (i) create and maintain a feeling of security in the community;

(j) promote and preserve civil order; and

(k) provide other services on an emergency basis.

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24/7 The last element in this list provides the primary reason why the police are called upon to deal with the “residual problems” of society :

There is no one else available twenty -four hours a day, seven days a week .

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Police and the Use of Force Another key factor that makes the police unique is what some authors have referred to as a “monopoly on the use of force.”

The authorization to use force means that the police hold a position of great power within our society, and this translates into a great responsibility to use that force ethically.

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Police Discretion Despite all of that power, there is a trend among policing experts to call for broad discretion for police officers.

Officers who have their hands bound by excessive policies and procedures cannot solve community problems.

Officers must have the authority to identify community problems, tailor solutions to those problems, and implement those solutions.

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Even in departments where community policing is not the dominant p a ra d igm , o ffice rs s t ill h a ve a gre a t d e a l o f d is cre t io n .

Fo r e xa m p le , o ffice rs d e cid e

● wh o ge t s a wa rn in g ● wh o ge t s a cit a t io n ● wh o is a rre s t e d

Office rs d e cid e wh e n fo rce is n e ce s s a ry.

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The Decision to Arrest Some obvious factors are used by officers when making a discretionary decision.

The seriousness of a crime and the strength of evidence are factors in the decision to make or not make an arrest.

Personal factors also come into play; researchers discovered long ago that the demeanor of the suspect plays an important role in the decision to arrest.

Respectful and deferential citizens are less likely to be arrested than rude or belligerent ones.

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The Structure of Policing Local police departments make up more than two -thirds of the 18,000 state and local law enforcement agencies in the United States.

BJS defines a local police department is a general purpose law enforcement agency, other than a sheriff’s office, that is operated by a unit of local government such as a town, city, township, or county.

Tribal police are classified as local police BJS statistics.

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Local Law Enforcement In 2008, local police departments had about 593,000 full -time employees, including 461,000 sworn officers.

About 60% of all state and local sworn personnel were local police officers.

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The FBI The Federal Bureau of Investigation (FBI): The FBI is housed within the United States Department of Justice.

The FBI is rather unique in that it has both law enforcement and national security concerns as part of its mission.

As the FBI’s Mission Statement puts it, they are a “... national security organization with both intelligence and law enforcement responsibilities…”

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The Bureau of Alcohol, Tobacco, and Firearms (ATF)

The ATF has a reputation for dealing with illegal firearms.

Its mission is rather broader in reality.

Housed within the United States Department of Justice, the ATF protects American communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal diversion of alcohol and tobacco products .

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The Drug Enforcement Administration “The mission of the Drug Enforcement Administration (DEA) is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non -enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets”

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The U.S. Marshals Service The U.S. Marshals Service (USMS) is the nation’s oldest and most versatile federal law enforcement agency.

Federal Marshals have served the country since 1789, often times in unseen but critical ways.

The USMS is the enforcement arm of the federal courts, and as such, it is involved in virtually every federal law enforcement initiative.

Presidentially appointed U.S. Marshals direct the activities of 94 districts — one for each federal judicial district.

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The Secret Service : The United States Secret Service began as an agency dedicated to the investigation of crimes related to the Treasury, and then evolved into the United States' most recognized protection agency.

The Secret Service was a part of the Department of the Treasury until March 1, 2003, when it became a part of the Department of Homeland Security.

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The Secret Service Mission "The mission of the United States Secret Service is to safeguard the nation's financial infrastructure and payment systems to preserve the integrity of the economy, and to protect national leaders, visiting heads of state and government, designated sites and National Special Security Events."

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The Citizenship and Immigration Service (USCIS)

U.S. Citizenship and Immigration Services is the government agency that oversees lawful immigration to the United States.

USCIS will secure America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.

The agency is composed of over 19,000 government employees and contractors of USCIS working at 223 offices across the world.

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Transportation Security Administration (TSA) The primary mission of the TSA is to protect travelers and interstate commerce .

TSA uses a risk -based strategy and works closely with transportation, law enforcement, and intelligence communities to set the standard for excellence in transportation security .

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State Law Enforcement Every state in the United States has a state -level police force with the exception of Hawaii.

The largest of these state -level agencies is the California Highway Patrol.

One of the major purposes of the state police in most jurisdictions is to provide patrol services, especially on remote highways where local law enforcement is sparse.

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State Police Roles State police are often called upon to aid local law enforcement in criminal investigations that are complex or cross local jurisdictional lines.

Often they are responsible for maintaining centralized criminal records for the state, operating crime labs, and training local officers.

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Policing in America In the United States today, there is a Hollywood generated myth that the federal government does major fraction of the law enforcement workload.

This is not true.

The vast majority of criminal cases are generated by local agencies such as sheriffs’ departments and local police departments.

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Sheriff's’ Departments An estimated 3,012 sheriff's’ offices performing law enforcement functions in the United States employed 369,084 sworn and civilian personnel.

Sheriffs’ offices represented approximately a fifth of the estimated 15,600 general -purpose law enforcement agencies operating in the United States.

Although sheriff's’ offices may have countywide responsibilities related to jail operation, process serving, and court security, their law enforcement jurisdictions typically exclude county areas served by a local police department.

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Local Police Departments About half of local police departments employed fewer than 10 sworn personnel, and about three -fourths served a population of less than 10,000.

In 2007, about 1 in 8 local police officers were women, compared to 1 in 13 in 1987.

About 1 in 4 officers were members of a racial or ethnic minority in 2007, compared to 1 in 6 officers in 1987.

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Wilson’s Police Management Styles James Wilson (not to be confused with O. W. Wilson), identified three police management styles:

The watchman style of management focuses on order maintenance.

Officers often ignore minor violations of the law, unless the violation constitutes a breach of the peace.

Minor violations and disputes between citizens are largely handled in an informal way.

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The Legalistic Style The legalistic style tends to handle matters formally.

In other words, policing is done “by the book.”

The administrative emphasis is on reducing line officer discretion and effecting unvarying, impartial arrests for all violations.

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The Service Style The service style emphasizes community service above enforcing the law.

Arrest is often seen as a last resort, used only when referrals to social service organizations and agencies will be ineffectual.

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Quasi-military Features As one of Peel’s major innovations, the organization of police agencies along military lines has withstood the test of time.

Police officers in most jurisdictions still wear uniforms, carry weapons, and have military ranks.

These ranks suggest a military style, authoritarian command structure where orders come down from the top.

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Introduction to Criminal Justice

Section 4.3: Police Methods

Prepared by Adam J. McKee

1

Traditional Police Methods For most of its history in America, the work of the patrol officer and the investigator constituted the vast majority of police work .

Uniformed officers patrolled the streets of America’s cities, serving as a highly visible deterrent to crime and attempting to catch criminals in the act.

If patrol failed, the investigator’s job was to follow up, solving crimes by questioning victims, witnesses, and suspects .

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The Proactive Shift Only since the 1960s has empirical research highlighted the limits of both preventive patrol and criminal investigations in dealing with America’s crime problem.

It was not until the early 1990s that this research spawned a new wave of police reform aimed at proactive policing strategies.

These proactive strategies meant that police efforts would shift (at least to some degree) from responding to calls for service to initiating action.

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Patrol Patrol is often called the “backbone” of the police department, and for good reason.

Patrol consumes most of the average police department’s resources.

The basic philosophy and strategy of preventive patrol has not changed from Peel’s time: the patrol officer makes circuits through a specified area, often called a beat.

During Peel’s time, most patrols were done on foot, with the occasional horse patrol.

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Technology and Change Technology ushered in the automobile, and modern police forces take full advantage of the benefits offered by cars.

The most important of these advantages is the area that a single officer can cover.

Automobile patrol officers can cover much wider beat areas than officers on foot.

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Police Cars The bottom line is that because an officer in a car can cover a much wider geographic area, departments need fewer officers.

This translates into huge savings.

Automobile patrol is much cheaper than foot patrol.

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Patrol Effectiveness The effectiveness of patrol operations within a department is usually judged by three major functions.

These include

1. answering calls for service 2. deterring crime by a highly visible police presence 3. investigating suspicious circumstances

Of these three major functions of patrol, crime deterrence is the most controversial.

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Does Patrol Deter Crime? The historical assumption, stemming from Peel’s day, was that a highly visible officer patrolling a beat would serve as a deterrent to would -be criminals.

Research evidence since the 1970s has supported the idea that random preventive patrol has very little if any impact on crime.

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The Kansas City Preventive Patrol Experiment

In the 1970s, criminal justice researchers began to question the underlying assumption of preventive patrol.

They designed an experiment to find out of preventive patrol reduced crime and made citizens feel safe from crime.

They also wondered about patrol strength.

Did the number of officers on patrol in a given area have an impact on both actual crime and citizens’ perceptions of crime?

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The Results What the researchers found staggered the world of policing: There was almost no difference in actual crime or citizens fear of crime.

Citizen’s opinions about how good a job the police were doing did not change.

It seemed that law -abiding citizens and criminals alike simply did not notice the changes.

As one would expect, this caused a flurry of opinions to come out regarding the interpretation of these findings.

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Fundamental Changes Some argued that the findings must be wrong, and that preventive patrol was and always had been a good thing.

Others argued that patrol was just a bad idea and that the police should focus on different things.

Many stood the middle ground, focusing on making patrol more effective by changing the way it was done.

One of the few things that almost all commentators agreed on was that just pouring more officers out on the street would have little impact on crime.

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The Nature of the Paradigm Shift Proactive patrol operations shift from random to targeted.

Specifico ffe n d e rs , specific p la ce s , a n d specific t yp e s o f vict im s a re co n s id e re d .

Myria d t a ct ics fa ll u n d e r t h is ge n e ra l p h ilo s o p h y:

● u n d e rco ve r o p e ra t io n s ● t h e u s e o f in fo rm a n t s ● u s in g d e co ys ● s a t u ra t in g p ro b le m a re a s ● fre q u e n t p a t ro ls o f “h o t s p o t s ”

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It’s Not a Random Problem An important argument in how to better utilize patrol is that random patrols do not work well because crime is not a random phenomenon.

While it may seem fair, giving every neighborhood in a city an equal amount of police time and resources is horribly inefficient.

A smarter use of resources is to concentrate police resources in high crime areas, and limit resources in areas that experience very little crime.

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The Research Findings Research evidence suggests that this strategy does indeed have a positive impact on crime.

Researchers found that the 911 system received a heavy amount of calls for service from a small number of locations.

Brief periods of intensive patrolling in those high crime areas effectively reduced robberies and other crimes.

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Example Strategies Other strategies, such as those used in the San Diego Field Interrogation Study, have shown that aggressively interrogating suspicious persons can lead to a reduction in both violent crime and disorder.

The New York City Street Crimes Unit has had success using decoys to apprehend repeat offenders.

By having an undercover officer play a “perfect victim,” officers were able to increase dramatically arrests of muggers.

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Problem Oriented Policing The traditional model of policing in the United States was decidedly reactive in nature.

The primary methods used by police were preventive patrols and retroactive investigations.

Early efforts at innovation were designed to be proactive, but they focused on the deterrence of crime through a limited "toolbox" of arrests, summons, and citations.

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A Shift in Focus Recent decades have seen a shift in focus, due in large part to the confluence of two major developments in how both practitioners and academics viewed policing.

The first was Problem -Oriented Policing (POP).

The other was a broader philosophy that would include POP, known as Community -Oriented Policing (COP) .

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Herman Goldstein Problem -oriented policing began with a seminar article published by Herman Goldstein in 1979.

Goldstein essentially suggested that the basic, most fundamental job of the police was to deal with community problems.

To do this job effectively, the police needed to develop a much larger toolbox, and a much more sophisticated method of detecting, analyzing, and ultimately solving these problems.

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Research Findings This seminal article led to an explosion of interest and publication in the emerging field of problem -oriented policing.

The research suggested something extraordinary about POP: it actually worked.

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The Problem Triangle A major tool in the analysis of community problems is the Problem Analysis Triangle .

The idea of the crime triangle is to depict graphically depict the interaction between the features of the victim, the features of the location, and the features of the offender.

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By the Numbers ● 10% of crime victims are involved in up to 40% of victimizations ● 10% of offenders are involved in 50% of crimes ● 10% of addresses are the location for about 60% of crimes

This suggests that a focus on a few high volume victims, offenders, and locations can maximize the impact of scarce police resources.

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Community Policing Community policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem -solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime.

A dramatic departure from traditional policing is the idea of collaborative partnerships.

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Partnerships These partnerships are between police agencies and the individuals and organizations they serve.

They are designed to develop solutions to problems and increase trust in police.

To accomplish these goals, important changes must be made within departments.

There must be a realignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving.

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Limits of the Police Community policing recognizes that the idea of a small band of officers, no matter how well intentioned and well trained, can solve all of the crime, delinquency, and disorder problems in a society as vast and complex as that of the United States.

Rarely can police solve public safety problems alone.

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Community Stakeholders Community policing encourages interactive partnerships with relevant stakeholders .

The range of potential partners is large, and these partnerships can be used to accomplish the two interrelated goals of developing solutions to problems through collaborative problem solving and improving public trust.

A fundamental principle of community policing is that "The public should play a role in prioritizing and addressing public safety problems."

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Agency Partners Police departments can partner with a number of other government agencies to identify community concerns and offer alternative solutions.

Examples of agencies include

● legislative bodies ● prosecutors ● probation and parole ● public works departments ● health and human services ● schools

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Individual Partners people who live, work, or otherwise have an interest in the community —

volunteers, activists, formal and informal community leaders, residents, visitors and tourists, and commuters

—are a valuable resource for identifying community concerns.

These diverse members of the community can be engaged in achieving specific goals at town hall meetings, neighborhood association meetings, decentralized offices and storefronts in the community, and team beat assignments.

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Partner Organizations Community -based organizations that provide services to the community and advocate on its behalf can be powerful partners.

These groups often work with or are composed of individuals who share common interests and can include such entities as

● victims groups ● service clubs ● community development corporations ● the faith community

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Business Partners For-profit businesses also have a great stake in the health of the community and can be key partners because they often bring considerable resources to bear in addressing problems of mutual concern.

Businesses can help identify problems and provide resources for responses, often including their own security technology and community outreach.

The local chamber of commerce and visitor centers can also assist in disseminating information about police and business partnerships and initiatives, and crime prevention practices.

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Media Partnerships The media represent a powerful mechanism by which to communicate with the community.

They can assist with publicizing community concerns and available solutions, such as services from government or community agencies or new laws or codes that will be enforced.

The media can have a significant impact on public perceptions of the police, crime problems, and fear of crime.

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Organizational Change The community policing philosophy focuses on the way that departments are organized and managed and how the infrastructure can be changed to support the philosophical shift behind community policing.

It encourages the application of modern management practices to increase efficiency and effectiveness.

Community policing emphasizes changes in organizational structures to institutionalize its adoption and infuse it throughout the entire department, including the way it is managed and organized, its personnel, and its technology.

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Line Officer Buy-In If community policing is going to be effective, police unions and similar forms of organized labor must be a part of the process and function as partners in the adoption of the community policing philosophy.

Including labor groups in agency changes can ensure support for the changes that are imperative to community policing implementation.

Experience has shown that departments that try to implement community policing without line officer support will almost certainly fail.

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Introduction to Criminal Justice

Section 4.4: Investigations and Specialized Units

Prepared by Adam J. McKee

1

Myth vs. Reality Hollywood is responsible for several archetypical “investigators.”

Most of these are myths that reflect nothing of what investigators actually do.

Perhaps the most unrealistic myth is the super sleuth that “always gets his man.”

In reality, police clear only about 20% of index crimes.

The next most unrealistic myth is that detective live a professional life if danger and excitement.

2

What Investigators Do Many crimes that result in arrest do so because of the “detective work” of the patrol officer that responded to the call for service.

If the patrol officer cannot conclude the investigation with an arrest, the case is turned over to a criminal investigator.

The primary job of the investigator is to gather information.

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Jacks of all Trades A good detective is a jack of all trades.

Much knowledge about a wide array of subjects and many skills are required.

These are needed to accomplish three major functions:

1. Conducting fruitful interviews of victims, witnesses, and suspects 2. Conducting successful crime scene investigations 3. Developing and maintaining informants

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How Good Are They? The research suggests that the traditional investigator’s role is not that important in solving crimes:

● No amount of investigation will solve many of the serious crimes that occur in America’s communities --There simply is not enough evidence to go on.

● The majority of cleared cases are cleared because of the work of patrol officers.

● Arrests of offenders at the scene are more common that offenders being apprehended after lengthy investigations.

5

The Patrol Function While detectives are usually assigned cases in the form of a follow -up investigation, the first responder is most often a uniformed patrol officer.

The early stages of a criminal investigation, often called a preliminary investigation , begins when dispatchers receive a call, most often through a 911 system.

In many small departments, the patrol officer conducting the preliminary investigation will see the investigation through to the end.

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Priority Number One The first priority of every officer arriving at every crime scene is officer safety.

The safety of the public is a close but secondary concern.

This may seem counterintuitive, but wounded officers cannot protect the safety of the public and investigate crimes.

Logically, officer safety must be a first priority.

7

Investigative Priorities After safety issues have been adequately dealt with, the focus shifts to discovering what happened.

This requires rapid assessment of the scene and the quick identification of any potential witnesses.

An ongoing goal of the first responder is the security and integrity of the scene.

It is vital to the preservation of evidence that absolutely no unnecessary personnel (law enforcement or civilian) enter the scene.

8

Further Investigations Once dangers have been eliminated, witnesses have been identified, and the scene has been secured, the first responder will evaluate what further (if any) investigative actions should be taken.

This can mean conducting further investigations, calling in technicians, or calling in an investigator.

9

Calling in Another Agency Some crimes will fall into the jurisdiction of another agency (e.g., state police or FBI).

The decision to turn an investigation over to another department or agency will usually be made at the administrative level.

Patrol officers may be required to make this judgment call, however, when the public safety demands immediate action.

Acts of terrorism and hazardous material spills are examples of circumstances where outside agencies should be notified immediately.

10

Paperwork A critical aspect of all investigative activity is the meticulous keeping of accurate records.

These records will take the form of departmental forms and reports, written notes, sketches, and photographs.

Many patrol officers fail at this important task, mistakenly believing that crime scene documentation is a task for investigators.

If the job of the first responder is not done well, the chances of an investigator being able to salvage the investigation are slim.

11

Specialized Units There is a strong correlation between the size of an agency’s jurisdiction (in terms of population, not land area), and the existence of specialized units.

That is, the bigger a city, the more specialized officers tend to be within that city’s police department.

The most common specialized units within American police departments are traffic units and drug enforcement units.

12

Types of Specialized Units Many larger departments divide investigative duties between crimes against persons and crimes against property .

Each of these major categories may involve types of cases that require investigators to have special knowledge or skills.

When agencies do create specialized investigative units, they often target a specific type of crime

Domestic violence, vice, organized crimes, and sex crimes are common divisions.

13

Domestic Violence Violence against intimate partners was a social problem long before that fact was widely recognized by the public.

In days past, abuse of women by husbands and boyfriends was considered a "family matter," and the criminal justice system ignored most cases.

Today, things have changed for the better as far as public awareness and the mandate for an appropriate police response go.

14

The Nature of the Problem Domestic violence tends to be cyclical (repeating), and the magnitude of the violence tends to increase as time goes on.

In about one -third of homicide cases where the victim is female, the killer was a husband or boyfriend.

Myriad acts fall under the heading of domestic violence, but the definitions used by social scientists tend to be much broader than those used in criminal codes.

Officers that subscribe to the code enforcer paradigm will often respond inappropriately or much too late. 15

Domestic Violence Units Many police departments have created specialized units to deal with this particular crime.

These departments are in essence acknowledging that normal police tools (i.e., arrest) do not work well in domestic violence cases, and that officers need specialized training to understand the dynamics of domestic violence, and they need outside help if victims are to be assisted.

16

Progressive Partnerships In progressive departments, investigators are paired with social workers to place victim assistance on an equal footing with the criminal investigation.

Aside from the obvious virtue of helping the victim escape a life of abuse, this problem -oriented approach tends to reduce dramatically the number of calls for service stemming from the same abusive relationship.

Investigation and arrest alone are woefully inefficient at ending the problem of domestic violence.

17

Vice Units The term vice is used to designate a category of criminal acts that are considered victimless crimes by most people.

Prostitution, gambling, and drug use are common examples.

Not all police departments have vice units, and specialized drug units are another common way of dealing with that particular problem.

The legal codes that make these types of activities criminal are under fire from a growing number of citizens.

18

The Marijuana Example Because the laws are unpopular, enforcement is often unpopular as well.

The movement toward legalization of marijuana is currently the most commonly discussed of these issues.

Several states have made the recreational use and possession of marijuana legal, contrary to the federal government's stance.

For this reason, the likelihood of being arrested for possession of marijuana depends largely on the jurisdiction.

19

Organized Crime The basic characteristic of organized crime is a group of people working together to achieve some criminal purpose.

This definition includes the mafia , but goes far beyond it.

Organized crime can be centered on supplying illegal goods and services, such as gambling and drugs.

It can also include predatory crimes, such as theft, burglary, and murder.

When criminal organizations are large and complex, criminal investigations become large and complex as well.

20

Local Agency Limitations Often, criminal organizations will stretch beyond state and local borders, complicating the idea of jurisdiction.

Often state and local agencies become involved in these types of investigations because of the extra resources they have and their expanded jurisdiction.

In addition, investigators often need special financial expertise (examining records of financial crimes) that is beyond the capability of local police.

Electronic surveillance is common in the investigation of organized crime, and the technical and legal issues are often better suited to the resources and skills of state and federal investigators.

21

Internal Affairs (IA) The question of exactly who polices the police has been controversial throughout the history of policing in America.

Starting in the late 1950s, many departments set up special units within the department to investigate allegations of police misconduct.

This trend continued through the 1960s, and by the end of the decade, many of America's largest police forces had internal affairs divisions.

22

What IA Does The use of excessive force and corruption are perhaps the most common issues considered by internal affairs, but all violations of the law and police codes of conduct are possible targets.

Internal affairs officers are usually placed outside of the usual police command structure, answering directly to the chief.

23

Juveniles and the Police Crime statistics demonstrate that juveniles are responsible for a disproportionate amount of crime.

This suggests that dealing with juveniles represents a disproportionate amount of police work.

The juvenile impact on police workload is enhanced due to the existence of status offenses .

24

Status Offenses Status offenses are acts that would not be criminal if done by an adult, but are prohibited for minors.

Common status offenses that the police must deal with are truancy, running away from home, and juvenile curfew violations.

25

Juvenile Units Additionally, police are called upon to deal with juveniles in matters that are not criminal (at least on the part of the child), such as missing persons, child abuse, and child neglect.

The impact of juveniles on police work is so great that many large, urban police departments have established specialized juvenile units .

26

COP and Juveniles Despite the advice of community policing experts, community policing tends to be implemented in a programmatic way.

The two most common community policing programs targeting juveniles are D.A.R.E. (Drug Awareness Resistance Education) programs and the emergence of School Resource Officers (SROs) working in an increasing number of schools throughout the United States.

27

D.A.R.E. In most jurisdictions, specialized juvenile officers undergo weeks of intensive training before they can become D.A.R.E. officers.

This training focuses on educational material targeting mostly fifth and sixth graders.

D.A.R.E. was unique in its collaborative approach between educational institutions and police departments.

A common element of most D.A.R.E. programs is teaching upper elementary school children peer resistance strategies that consist of different ways of saying "no."

28

Does D.A.R.E. Work? Empirical research has shown that the programs have little long -term impact on later drug use.

Despite the disappointing research findings, the programs remain quite popular and have undergone substantial revision to improve effectiveness.

Perhaps the most valuable aspect of D.A.R.E. programs was demonstrating to the nation that collaboration between police and schools was possible.

29

School Resource Officer (SRO) An additional community policing strategy is to place uniformed police officers in the schools.

This practice is more common in large urban areas, but School Resource Officers (SROs) can be found in any size school.

The Omnibus Crime Control and Safe Streets Act of 1968 defines the SRO as “a career law enforcement officer, with sworn authority, deployed in community - oriented policing, and assigned by the employing police department or agency to work in collaboration with school and community -based organizations.”

30

Administrative Limits on SROs In practice, the community policing philosophy is often not put into practice.

Rather than community collaborators that build relationships and solve problems, many SROs are relegated to the function of a security guard.

31

Can SRO Programs Work? Research has shown that a least some SRO programs have been successful at reducing disruptive and illegal student conduct.

Prosocial relationships formed between officers and students have also led to a phenomenon that community policing advocates would have predicted: School Resource Officers obtain information concerning crime in the broader community from students, improving the overall effectiveness of the police department.

32

Introduction to Criminal Justice

Section 4.5: The Legal Environment of Policing

Prepared by Adam J. McKee

1

Criminal Law Criminal law is often used as a very general term to describe the entire body of law that is of concern to the criminal justice system.

Recall that the two major parts are the substantive criminal law and the procedural criminal law.

The substantive criminal law consists largely of statutes that define criminal acts.

2

Police Procedure The procedural criminal law dictates how the criminal justice system should treat people.

Because the police are the gatekeepers of the criminal justice system and come into contact with citizens far more often than any other component of the criminal justice system, the law of criminal procedure has more to say about how the police treat people than any other topic.

3

What is Criminal Procedure? Criminal procedure, then, can be seen as a branch of law that dictates how the government investigates, prosecutes, judges, and sentences those accused of crimes.

The bulk of this law is a matter of interpreting the Constitution of the United States.

When it comes to how the police must treat people, the most important body of law stems from the Bill of Rights.

4

The Role of the Supreme Court The Supreme Court of the United States interprets the Bill of Rights, and that court has the power to establish police practice in the field.

There are also state constitutions, statutes, and administrative rules that circumscribe police conduct.

These are also part of the body of procedural law.

Perhaps the most important laws that concern police conduct are the Fourth and Fifth Amendments of the United States Constitution.

5

The Fourth Amendment The Fourth Amendment States that:

"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

6

The Fifth Amendment The Fifth Amendment states that:

"No person … 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 ."

7

The Sixth Amendment The Sixth Amendment guarantees the right to a public and speedy trial, as well as the right to the assistance of counsel.

The right to counsel is protected at many stages of the criminal justice process, not just at trial.

Criminal defendants have the right to an attorney during custodial interrogations, for example.

8

The Fourteenth Amendment The Fourteenth Amendment requires the States to observe the due process standards set forth in the federal Constitution as interpreted by federal appeals courts.

This gives the federal appellate courts the authority to consider the constitutionality of acts of government agents employed by the state such as police officers and corrections officers.

9

State Laws & the Federal Constitution It also gives the high courts the authority to review the constitutionality of state statutory laws.

Not all federal constitutional rights are considered to be due process rights, so some protections are not forced on the states.

For example, many states do not observe the right to an indictment by a grand jury; they use a system of prosecutorial information instead.

10

The Right to Privacy To understand how the Constitution of the United States limits the criminal law, it is important to consider the right to privacy.

Shockingly, the term "privacy" never appears in the Constitution.

Over the years, the Supreme Court has said that several of the rights that are explicitly stated in the constitution come together to create a right to privacy.

In the world of procedural law, if the Supreme Court of the United States says it, it is so.

11

Reasonableness The right to privacy places a limit on many forms of police conduct, from searches to arrest.

It is important to understand there is a limit to how far the right goes: It is not absolute.

The police are not prohibited from interfering with a citizen's privacy interest, but it must be reasonable when they do so.

12

Probable Cause For a warrant to be issued, the magistrate must determine that probable cause e xis t s .

Th is h a s t o b e in t h e fo rm o f a s wo rn s t a t e m e n t ca lle d a n affidavit .

Wh e n d e t e rm in in g p ro b a b le ca u s e fo r a s e a rch , t h e re a s o n a b le n e s s t e s t u s e d b y t h e co u rt s co n s id e rs t h e e xp e rie n ce a n d t ra in in g o f p o lice o ffice rs .

13

The Reasonable Officer Test The test is not merely what a reasonable person would believe, but what a reasonable police officer wo u ld b e lie ve in ligh t o f t h e e vid e n ce a s we ll a s th e o ffice r’s t ra in in g a n d e xp e rie n ce .

No t e t h a t t h e s t a n d a rd fo r e s t a b lis h in g p ro b a b le ca u s e is m o re like ly t h a n n o t .

Th is is a fa r le s s e r s t a n d a rd th a t th e p ro o f b e yo n d a re a s o n a b le d o u b t s t a n d a rd re q u ire d fo r a co n vict io n in crim in a l co u rt.

14

The Particularity Requirement Another requirement for a search warrant to be valid is that it must particularly d e s crib e t h e p e rs o n o r t h in g t o b e s e ize d .

Th e re a re m a n y s u p re m e co u rt ca s e s th a t e s t a b lis h wh a t th is m e a n s in p a rt icu la r circu m s t a n ce s .

As a ge n e ra l ru le re ga rd in g s e a r ch wa rra n t s , it m e a n s t h a t t h e p la ce t o b e s e a r ch e d is s u fficie n t ly d e s crib e d th a t it ca n n o t b e co n fu s e d wit h s o m e o t h e r p la ce .

15

Obtaining a Search Warrant The warrant application process varies in exact detail from jurisdiction to jurisdiction .

Often, the Supreme Court of the state in which the warrant is sought provides the details in a legal document known as the Rules of Criminal Procedure .

Th e b a s ic ru le s , h o we ve r, a re d ict a t e d b y t h e Su p r e m e Co u rt a s in t e rp re t a t io n s o f t h e Fo u rt h Am e n d m e n t .

16

Executing a Search Warrant The rules also dictated how a warrant must be executed .

As a general rule, the warrant must be served during daylight hours, and officers must identify themselves as officers and request entry into the place to be searched .

This identification requirement is known as knock and announce .

17

No-knock Warrants The general rule that officers must “knock and announce” when serving a warrant is not absolute, but special permission from a judge must be obtained before it can be lawfully circumnavigated .

A no -knock warrant ca n b e is s u e d h a ve a le git im a te fe a r t h a t a n n o u n cin g t h e ir p re s e n ce wo u ld e n d a n ge r live s o r give crim in a ls tim e t o d e s t ro y e vid e n ce .

Su ch a wa rra n t a u th o rize s la w e n fo rce m e n t t o b re a k d o wn d o o r s wit h o u t wa rn in g a n d t o e n t e r a s t ru ct u re .

18

Searches Without Warrants: Emergen There are several exceptions to the general requirement that officers must obtain search warrant for a search to be legal.

The Supreme Court has determined that exigent circumstances justify an exception to the rule.

Exigency is a n o t h e r wo rd fo r e m e rge n cy.

Th u s a n e xige n t circu m s t a n ce s s e a rch is a n e n t ry in t o a p la ce t h a t wo u ld o t h e rwis e re q u ire a wa rra n t b u t fo r t h e e m e rge n cy s it u a t io n .

19

Searches Without Warrants: Consent Another common warrantless search is a consent search .

Mo s t o f t h e righ t s gu a ra n te e d b y t h e co n s t it u tio n ca n b e wa ive d b y t h e p e rs o n t h a t h a s t h e righ t.

If a p e r s o n give s t h e p o lice p e rm is s io n t o s e a r ch , s o lo n g a s th e p e rm is s io n is give n vo lu n t a rily, t h e n th e r e is n o vio la tio n o f th e p e r s o n ’s Fo u rt h Am e n d m e n t righ t s .

20

A Duty to Inform Suspects? A shocking amount of criminal convictions come as a result of consent searches.

Many criminals do not do what is in their legal best interest .

According to the Supreme Court of the United States, the police are not obligated to inform citizens that they have the right to refuse consent .

Some state courts (e.g. Arkansas), however, have interpreted state constitutions to give this right .

21

Searches Without Warrants: Hot Purs Another exception to the general requirement that police have a warrant to conduct a search is known as a hot pursuit search .

If an officer chases an offender into a private place, there is no legal requirement that the officer break off the pursuit .

If contraband is discovered in such a pursuit, it can be seized and will be admissible in court .

22

Searches Without Warrants: Automo Most of the exceptions to the warrant requirement above do not, for one reason or another, require probable cause.

An automobile search does require probable cause sufficient to obtain a warrant, even though the officer is not obligated to actually obtain the warrant.

The court allows this compromise because of the inherent mobility of vehicles.

The criminal suspect could simply drive away of the officer were required to leave the scene and go obtain a warrant.

23

Search Incident to Arrest To preserve evidence and to protect officers from hidden weapons, officers are allowed to search a person after they have been arrested.

Such a search is known as a search incident to arrest .

As a n e xt e n s io n o f t h is id e a , t h e o ffice r m a y s e a rch t h e a re a im m e d ia t e ly s u rro u n d in g t h e a rre s t e d p e rs o n .

Th a t is , t h e a re a im m e d ia t e ly u n d e r t h e a rre s t e e ’s co n t ro l.

24

Arrests The Supreme Court has determined that an arrest is a seizure of the person for legal purposes.

Accordingly, the Fourth Amendment prohibition against unreasonable searches and seizures comes into play.

A person is generally considered to have been arrested when they are taken into custody with the purpose of being charged with a crime.

25

How Much Evidence is Needed to Arr Most arrests are made without arrest warrants, despite the constitution’s general requirement that officers have one .

Under all circumstances, an officer must have probable cause to make an arrest .

When it comes to arrests, probable cause means that the officer has reasonable grounds to believe that the person has committed or is about to commit a crime .

When a warrant is sought, the supporting evidence must be included in an affidavit, just as with a search warrant .

26

Arrests Without Warrants The old common law rule was that an officer could make an arrest, without a warrant, if he believed he had evidence amounting probable cause that the person had committed a felony.

In the case of a misdemeanor, the crime had to be committed in the officer's presence.

These same basic common law rules are still followed in many jurisdictions today.

27

Arrest Warrants As previously described, an arrest warrant is a document issued by a court ordering any law enforcement officer to take a particular individual into custody .

While there are many exceptions, there are times when a warrant is required to make a lawful arrest .

To enter a person’s home to make an arrest, the police must have an arrest warrant .

The exigent circumstances exception can be applied to arrest warrants just as it can with search warrants .

28

Domestic Violence and Arrest Social scientific research has resulted in at least some evidence that arresting the primary aggressor in domestic violence cases prevents further battering .

This research spawned legislation in many states that require police to identify and arrest the primary aggressor in d o m e s t ic vio le n ce s it u a t io n s .

Wh ile th e s e o ffe n s e s a re ge n e ra lly cla s s ifie d a s m is d e m e a n o r s , t h e s e s p e cia l le gis la tive e n a ct m e n t s co m m a n d la w e n fo rce m e n t t o t a ke t h e p rim a r y a ggr e s s o r in to cu s t o d y d e s p it e n o t h a vin g a wa r ra n t o r h a vin g s e e n t h e crim e t a ke p la ce .

29

“Terry” Stops Making an arrest is a substantial interference with a citizen’s constitutionally protected freedom.

As such, it requires probable cause.

The courts have ruled that there are sorts of intrusions that are less than an arrest, and thus require a lesser standard of evidence.

Because the Supreme Court described this sort of situation in a 1968 case styled Terry v. Ohio , t h e s e t yp e s o f “s t o p s ” a re o ft e n re fe rre d t o a s Terry stops .

30

The TerryRules In Terry, t h e co u rt s a id th a t t h e p o lice h a ve t h e righ t t o s t o p in d ivid u a ls fo r a s h o r t p e rio d o f tim e wh e n th e ir b e h a vio r s e e m s s u s p icio u s , a s k t h e m q u e s t io n s , a n d p a t t h e m d o wn fo r we a p o n s .

Th is t yp e o f s t o p is a ls o kn o wn a s a stop and frisk .

Th e e vid e n t ia ry s t a n d a rd s e t fo r t h in Te r r y wa s le s s t h a n p ro b a b le ca u s e , b u t m o re t h a n a m e re h u n ch .

Th e co u rt ca lle d t h is s t a n d a rd reasonable suspicion .

31

How the SCOTUS Punishes Police The Supreme Court of the United States can tell law enforcement officers how to treat people as long as they have a constitutional reason for doing so.

What happens if the cops do not listen to the Court and violate somebody’s rights?

There are several remedies , b u t t h e m o s t im p o rt a n t o n e t o t h e crim in a l ju s t ice s ys t e m is t h e exclusionary rule .

32

The Exclusionary Rule This rule states that illegally obtained evidence cannot be admitted into a criminal court .

Here, illegally obtained means obtained in violation of the defendant’s constitutional rights .

The judge will then review the evidence, and if the judge determines that it was obtained in violation of the defendant’s rights, it will be suppressed, and the jury will never see the evidence .

Its existence cannot even be mentioned at trial .

33

Where Does the Rule Come From? The exclusionary rule was established by the U.S. Supreme Court in 1914 in the case of Weeks v. U.S.

At t h a t t im e , t h e ru le o n ly a p p lie d t o Fe d e ra l a ge n t s .

St a t e s we r e o n th e ir o wn t o d e cid e wh e t h e r t o a llo w ille ga lly o b t a in e d e vid e n ce in t o s t a t e co u rt s .

It wa s n o t u n t il 1961 in Mapp v. Ohio t h a t t h e Co u rt d e cid e d t h a t t h e e xclu s io n a ry ru le wa s fu n d a m e n t a l t o a fa ir tria l a n d wa s t h u s a p p lica b le t o t h e s t a t e via t h e Fo u rt e e n t h Am e n d m e n t ’s d u e p ro ce s s cla u s e .

34

Erosion of the Exclusionary Rule Since the time of the Warren Court, the Supreme Court has become more and more conservative .

Conservative justices, while not willing to overrule the basic premise of the exclusionary rule, have eroded it by creating various exceptions .

For example, in the 1984 case of U.S. v. Leon, t h e co u rt cr e a t e d a go o d fa it h e xce p t io n .

Th e good faith exception s t a t e s t h a t if t h e p o lice a re a ct in g o n a wa r ra n t t h e y b e lie ve t o b e va lid a n d a co u rt la t e r d e t e rm in e s t h a t t h e wa r ra n t is in va lid , t h e e vid e n ce ca n s t ill b e u s e d in co u rt.

35

The Fifth Amendment The common expression “to plead the fifth” refers to the Fifth Amendment to the United States Constitution .

The Fifth Amendment gives criminal defendants the right to remain silent, and thus is a right against self-incrimination .

The Fifth Amendment has an enormous impact on the practice of police interrogations .

36

Brown v. Mississippi In the days before the civil rights revolution, the police would use any means necessary to gain a confession .

Torture, both physical and psychological, was shockingly common and threats were often used .

The problem with confessions made under such duress is that innocent persons may well confess to crimes simply to make the pain stop .

The first major case prohibiting this sort of conduct was Brown v. Mississippi (1936).

37

Fifth Amendment Limits The right against self-incrimination is not as broad as it may first seem.

It applies only to confessions .

That is, communications that are considered “testimonial” in court .

The protection does not extend to physical evidence, so a suspect can be compelled to give fingerprints, DNA samples, blood tests, blood alcohol tests, and so forth .

38

Confessions and Counsel The Court has linked the Fifth Amendment right against self-incrimination to the right to counsel .

In the case of Escobedo v. Illinois (1964), t h e Co u rt ru le d t h a t wh e n p o lice q u e s t io n in g m o ve s fro m m e r e ly in ve s t iga t o r y t o a ccu s a t o r y in n a t u re , t h e righ t t o co u n s e l b e co m e s a ct ive .

In o t h e r wo r d s , o n ce a wit n e s s d e ve lo p s in t o a s u s p e ct , th e n th e righ t t o co m e s in t o p la y.

39

Miranda Ultimately, the court was not satisfied with the scope of the protections set forth in Escobedo.

Two ye a r s la t e r, t h e co u r t e s t a b lis h e d s p e cific in t e r ro ga t io n p ro ce d u re s t o e n s u r e t h e Fift h Am e n d m e n t righ t s o f crim in a l d e fe n d a n t s in Miranda v. Arizona (1966).

Th e Co u rt h e ld t h a t Mira n d a wa s e n t it le d t o ce rt a in wa rn in gs , a n d t h u s h is co n fe s s io n wa s in a d m is s ib le .

40

The Warnings The decision in Miranda re a ch e d fa r b e yo n d Mira n d a ’s ca s e .

Miranda o b lige d e ve ry p o lice o ffice r in Am e rica t o a d vis e s u s p e ct s o f t h e ir righ t s b e fo re a s kin g t h e m q u e s t io n s wh ile in cu s t o d y:

1. Th e righ t t o re m a in s ile n t 2. a n yt h in g t h a t t h e y d o s a y ca n b e u s e d a ga in s t t h e m in co u rt 3. t h e righ t t o a n a t t o rn e y 4. if t h e y ca n n o t a ffo rd a n a t t o rn e y t h e y will b e p ro vid e d o n e b y t h e s t a t e

41

The Weakening of Miranda Many police officers and conservative commentators at the time regarded Miranda a s a le ga l t e ch n ica lit y cre a t e d b y t h e co u rt s t o h a n d cu ff t h e p o lice .

On s e ve ra l o cca s io n s , in cr e a s in gly co n s e rva t ive co u r t s h a ve re fu s e d t o o ve r ru le Miranda , b u t t h e y h a ve we a ke n e d it b y cre a t in g s e ve ra l e xce p t io n s t o it .

42

What Does “Custodial” Mean? There are many situations in which the person may not necessarily feel free to leave, but they are not in “custody” for Miranda p u rp o s e s .

Fo r e xa m p le , Miranda d o e s n o t co m e in t o p la y wh e n t h e p o lice s t o p a p e r s o n t o (b rie fly) t a lk t o t h e m o n t h e s t re e t , o r d u rin g t ra ffic s t o p s .

Ot h e r circu m s t a n ce s d o n o t in vo ke Miranda b e ca u s e t h e re is n o q u e s t io n in g o f t h e s u s p e ct in vo lve d .

43

Police Use of Force Police officers have the lawful authority to use force, but only if that force is reasonably necessary to accomplish a legitimate criminal justice purpose .

Obviously, taking a person into custody by making an arrest, or preventing a suspect from fleeing are examples of legitimate criminal justice purposes .

44

Police Brutality Most questions about the legitimacy of police use of force revolve around the reasonablenesso f it .

If t o o m u ch fo rce is u s e d , t h e n t h e u s e o f fo rce will n o t b e la wfu l.

Th e p ro b le m is th a t d e fin in g h o w m u ch fo r ce is n e ce s s a r y in a give n s itu a tio n is a h igh ly s u b je ct ive p ro ce s s .

Wh e n t h e p o lice u s e m o r e fo r ce t h a n s o m e o n e re ga rd s a s r e a s o n a b le in a give n s it u a t io n , it is o ft e n re fe rre d t o a s police brutality .

45

Civil Liability and Criminal Prosecutio When the police go beyond reasonable, legitimate use of force, they risk lawsuits and criminal charges.

Under the laws of most states, individual police officers can be sued for torts, such as wrongful death and false imprisonment.

There are also federal remedies in place, such as 1983 suits .

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Deadly Force As one would expect, police officers have the legal right to use deadly force (most often a shooting) when they reasonably believe that they are in imminent danger of serious bodily harm or death .

That right extends to the protection of others . Until the court's decision in Tennessee v. Garner (1985), m a n y ju ris d ict io n s s u b s crib e d t o t h e id e a o f th e fleeing felon rule .

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The Fleeing Felon Rule The fleeing felon rule wa s t h e co m m o n la w d o ct rin e t h a t a llo we d a n o ffice r t o u s e d e a d ly fo rce t o a p p re h e n d a fe lo n t h a t wa s s e e kin g t o e s ca p e cu s t o d y o r a la wfu l a rre s t.

In Tennessee v. Garner , t h e SCOTUS d e cla re d t h e fle e in g fe lo n ru le u n co n s t it u t io n a l.

Wit h th e a b o lis h m e n t o f th e fle e in g fe lo n ru le , th e s t a n d a rd b e co m e o n e o f d a n ge ro u s n e s s .

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