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Quiz Lecture Questions/Answers: A crime that is committed in two states (for example mail fraud) can only be prosecuted in one because of "Double Jeopardy". FALSE In Wisconsin, a policy exists that "the decision not to prosecute a domestic abuse offense should not be based upon the victim's consent to any subsequent prosecution of the other person involved in the incident." This policy represents: The principle of legality as used in lecture (Case has to be prosecuted no matter what) Stalking case: Specificity How is procedural criminal law defined and determines? Mainly by courts, through judicial/case rulings
II. Fourth Amendment 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 of affirmation, and particularly describing the place to be searched, and the person or thing to be seized. A. Introduction B. Reasonableness Clause 1. Refers only to searches and seizures need a warrant to search and seize have to decide if something is protected under the 4 th amendment 2. What is unreasonable? A. Expectation of Privacy B. Objective Test What society thinks should be considered reasonably private 3. No expectation of privacy
garbage, things that you give up/throw away
Cell phone case: officers have the right to search within arms reason for their own safety and to make sure evidence does not get destroyed ON EXAM: reason this case was dismissed C. Warrant Clause 1. ...if expectation of privacy is reasonable, then 2. Warrant a. Oath or affirmation b. Probable Cause (p. 170) = more than 50% chance that a crime was committed c. Particular description of the place to be searched, items to be seized d. Issued by "neutral and detached magistrate" D. Protection limited to governmental action 1. Private individuals 2. Acting on "behest" of the government (employed by the government and authorized by the government, then 4th amendment kicks in) Rights to counsel: "suspects" : Miranda v. Arizona (EXAM: WHATS THE SITUATION WHERE AN OFFICER HAS TO GIVE MIRANDA RIGHTS) 1. Case 2. Two triggers: a. someone is in custody has to be
b. someone is subject to interrogation both at same time
3. Applies to uncharged suspects 4. Can be waived
The Police Organization of the PoliceStructure and Function Police on: federal level state level city level county level campus level Campus police and madison police both have jurisdiction but whoever sees or hears the call coming in decides who goes to that call Law Enforcement Agencies Federal system of government with separate national and state structures Each structure authority has over certain functions Police agencies at national, state, county, and municipal levels carry out four functions:
1. Maintain order 2. Enforce laws 3. Provide services to the community Taking in homeless that don't have a place to stay, helping animals, 4. (Prevent Crime) Federal Law Enforcement Agencies A. Part of the executive branch of national government B. Each agency is given authority to investigate specific sets of crimes as defined by Congress C. Examples: drug trafficking, organized crime, insider stock trading (one person knows about something before announcements are made and you can buy stocks to benefit yourself so it is not fair to the market and to everyone else who buys stocks), and terrorism D. Federal agencies employ around 88,000 fulltime officers The FBI 1. Investigative agency under the US Department of Justice created in 1908 2. Investigates all federal crimes not placed under jurisdiction of other federal agencies 3. Over 12,000 agents work out of 56 field offices State Agencies A. Reluctance to centralize police power B. Except Hawaii, each state has fullservice police agency 1. Patrolling highways 2. Providing full law enforcement services in rural areas County Agencies a. Sheriff is more recognizable law enforcement position at county level
b. Nearly all of the 3,100 counties in the US have a sheriff c. In 33 states sheriff is a constitutional position and is elected d. Many sheriff's agencies have patrol and investigative powers, especially in unincorporated areas e. In larger states and urban counties, the patrol and investigative powers are assumed by county police agencies rather than the sheriff Municipal Agencies A. Range in size from NYC to small towns B. The 5 largest US municipalities employ 16% of all sworn law enforcement officers C. 3/4 of municipal police agencies employ fewer than 25 sworn officers D. Over 446,000......FROM SLIDES Native American Tribal Police Native American tribes have significant sovereign powers 171 tribal enforcement agencies employ over 2,300 officers Additional 320 officers of the Bureau of Indian Affairs also enforce laws on tribal lands Operational Units (KNOW THESE FUNCTIONS FOR THE EXAM) Almost all police departments assign officers to one of the five specific functions: 1. Patrol 2. Investigation 3. Traffic 4. Vice 5. Juvenile
Functions of Police A critical approach: E. Bittner Law in the eyes of police and law in the eyes of lawyers Laws say policemen can make certain arrests and often times laws are pretexts Law as: screwdriver metaphor screwdrivers have a specific purpose but people end up using it for completely different purposes Or: Law as pretext ESSAY QUESTIONS *= rather brief **= more comprehensive but short ***= comprehensive, you should expand
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