Exam CJ #2
CHAPTER 5
NOTES
Response time is key to apprehension
o Crucial factor in solving crimes is identification of the perpetrator by the victim or
witnesses
Aggressive patrol- assigning resources so as to get the largest # of arrests and to
stop street dealing
o Ex. drug enforcement
o Some people believe that drugs should be viewed as a public health problem
rather than as a crime problem
Society would benefit more from drug treatment programs than police
actions (filling prisons)
Strategies to Reduce Crime
o Preventive patrol
A patrol officers moving through an area will keep criminals from
carrying out illegal acts
Test showed that neither a decrease nor increase in patrol activity had
any apparent effect on crime.
o Hot spots
Resources should be focused on places where crimes are likely to
occur
Assign officers to directed patrol- strategy designed to direct
resources to known high-crime areas
o Rapid response time
How soon police are called= probability of arrest
o Foot vs. motorized patrol
Motorized patrol= most effective
Foot patrol only used in selected neighborhoods
Effective in high-density urban neighborhoods and business
districts
o One-person vs. two-person
Officers support two-person squad car claim police are safer and
more effective
Administrators contend that one-person is more cost effective and
more cars can be deployed on each shift
o Aggressive patrol
Strategy designed to maximize police activity in the community
Effect of police on crime depends less on how many officers are
deployed in an area than on what they do while theyre there
Broken windows theory= if not firmly suppressed, disorderly
behavior in public will frighten citizens and attract more predatory
criminals, thus leading to more serious crime problems
Most cost effective strategies officers who carry out more field
questioning and traffic stops
o Community policing
Attempts by the police to involve residents in making their own
neighborhood safer
High level of interaction btwn officers and citizens and the
involvement of citizens in identifying problems and solving them
Problem-oriented policing= strategy that seeks to find out what is
causing citizens to call for help
Possible Multiple Choice
The patrol function has three parts:
o Answering calls for help
o Maintaining a police presence
Preventive patrol- making presence known in an effort to deter
crime and to make officers available to respond quickly to calls
o Probing suspicious circumstances
As 1st to arrive to crime scene, police must
o Comfort and give aid to the victims
o Identify and question witnesses
o Control crowds
o Gather evidence
Process of catching a suspect has 3 stages:
1. Detection of a crime
2. Preliminary investigation
3. Follow-up investigation
4. Clearance and arrest (depending on outcome of first 3)
Assignment of officers based off of
o Crime statistics
o 911 calls
o Degree of urbanization
o Pressures from businesses/community groups
o Ethnic composition
o Socioeconomic conditions
Direct-contact predatory crimes (muggings/robberies) occur when 3 elements
converge:
1. Motivated offenders
2. Suitable targets
3. The absence of anyone who could prevent the violation
3 types of decision-making delays slow the process of calling the police:
1. Ambiguity delays- people are unsure whether the police should be called
2. Coping delays- people are busy taking care of victim or directing traffic that they
cannot leave to call
3. Conflict delays- people may first want to resolve conflicts before calling
Foot patrols
o Make citizens less fearful
o Increase satisfaction w/ the police
o Give officers a greater appreciation of neighborhood values
One-person squad cars are better bc
o More cost-effective (more cars can be deployed on each shift)
o Response time can be decreased (each car assigned a smaller area)
o An officer working alone is more alert and attentive
The zero-tolerance policy was a factor in reducing NYCs crime by
o Putting more police on the streets
o Decentralizing authority to the precinct level
o Instituting officer accountability
Community policing has 4 components:
1. Community-based crime prevention
2. Changing the focus of patrol activities to nonemergency activities
3. Making the police more accountable to the public
4. Decentralizing decision making to include residents
Problems with community policing:
o Police chiefs feel their authority decreases when responsibility shifts to precinct
commanders and officers on the street
o It does not reduce costs
o Measuring success of this approach is difficult (reducing fear, maintaining order,
serving community, solving underlying problems, etc.)
o Debate about how far police should extend their role beyond fighting crime
o Officers may resist committing themselves to daily activities that emphasize roles
other than crime-fighting
CHAPTER 6
NOTES
Fourth Amendment prohibits unreasonable searches and seizures:
o Search= an action that intrudes on peoples reasonable expectations of privacy
o Plain view doctrine- permits officers to notice and use as evidence items that are
visible to them when they are in a location where they are permitted to be (i.e. a
public sidewalk)
Can also see what is in an open area, including private property
If homeowner invites officers inside, they do not need to
obtain a warrant in order to seize drugs they see if they had a
legal basis to be in the house
o Seizure= situations when officers assert their authority to halt someones
movement
Ex. arrest
Property can be seized especially when evidence in criminal case
Stop- brief interference in a persons freedom of movement for short
duration
Ex. driver receives traffic citation
In order to be permissible under 14th amend, stops must be
justified by reasonable suspicion
o All arrests must be supported by probable cause sufficient evidence is
available to support the reasonable conclusion that a person has committed a
crime
Police must present an affidavit (oath or affirmation) with their
evidence to a judicial officer, in order to obtain a warrant
Must say yes with affidavit
Probable cause= level of evidence sufficient to provide a reasonable
conclusion that the proposed objects of a search will be found in a
location that officers request to search
For a warrant, the sufficient evidence needs to lead to a
reasonable conclusion that a person should be prosecuted
o Totality of circumstances- flexible test for identifying whether probable cause
exists to justify a judges issue of a warrant
Warrantless Searches
o 6 kinds of searches may be legally conducted w/o a warrant and still uphold the
fourteenth amendment:
1. Special needs beyond the normal purposes of law enforcementa. Use of metal detectors
b. Border crossings, ports, airports
c. Systematic stops to look for drunk drivers
c.i. Can stop driver in order to seek info
c.ii. Must have a basis for stop (observed violation of traffic laws)
c.ii.1.
Narrowly focused on a specific objective
2. Stop and frisk on the streetsa. Stop-and-frisk search permits officers to pat down clothing of
people on the streets if there is reasonable suspicion of dangerous
criminal activity
b. Court decisions have given officers significant discretion to decide
when factors that justify a stop-and-frisk-search exist
b.i. Dont need to actually see evidence of a weapon or interact w/
suspect prior to making the stop
3. Search incident to a lawful arresta. All arrestees are subjected to the same scene search, despite their crime
a.i. Officers must make sure they dont have a weapon
a.ii. Must look for evidence that might be destroyed by arrestee before
they get to jail
a.iii. Can search arrestee and immediate area around arrestee
a.iv. Can sweep through other rooms where suspect recently had been
a.iv.1.
Cannot open drawers (would need probable cause)
b. The search of the passenger compartment must be limited to areas
within the reach of arrestee
b.i. Cannot search whole passenger compartment simply bc they
made arrest
4. Exigent circumstances-
a. When there is an immediate threat to public safety pr the risk that
evidence will be destroyed, officers may search, arrest, or question
suspects w/o obtaining a warrant
b. Officers may enter a home to render emergency assistance to an injured
occupant
b.i. After warrantless entry, the plain view doctrine permits them to
examine and seize any criminal evidence that they can see in the
course of actions
b.i.1.
Courts may be asked after the fact to determine
whether the urgency of the situation justified a warrantless
search, if incriminating evidence is found
5. Consenta. Consent absolves officers of any risk that evidence will be excluded
from use at trial or that they will be liable for violating the 14th amend.
b. Officers do not have to inform people their right to say no when
asked if they wish to consent to a search
c. Permissible consent search if
c.i. Consent was voluntary
c.i.1.
Police cannot lie (coerce or threat)
c.ii. Consent must be given by someone who possesses authority to
give consent and thereby waive the right
c.ii.1.
Need consent from both homeowners
6. Automobile searchesa. Officers can order passengers and drivers to exit a vehicle even if there
is no basis of suspicion that the passengers engaged in any wrongdoing
b. Officers can make a visible inspection of a cars interior by flashing a
light inside and looking through window
c. Traffic violation itself doesnt give officers the right to search entire car
d. Vehicles can be fully searched w/o probable cause when it is
impounded
Questioning Suspects
o Miranda rights must be read aloud before questioning of a suspect can begin:
They have a right to remain silent
What they say can and will be used against them
Right to an attorney
If they cannot afford an attorney, the state will provide one
o Miranda warnings only apply to custodial interrogations (person questioned by
police while in custody)
Supposed to prevent suspect abuses by police
Public-safety exception- officers can forgo Miranda warnings when
a threat to public safety would result from taking the time to read them
The Exclusionary Rule
o Federal courts must exclude any evidence that was obtained through an
improper search
Even if it means a guilty person goes free
Prosecution may continue, but that evidence is excluded
o Officers must obey the fourth amendment in order to avoid the loss of
incriminating evidence
o Why so necessary?! (Mapp vs. Ohio)
Constitutional rights become invalid if gov officials can benefit from
violating those rights
Rule is required by constitution
Alternative to the rule do not work
The use of improperly obtained evidence diminishes respect for the
law
Absence of law would diminish protection of all rights
Effective means of deterring police and prosecutors from violating
constitutional rights
o Exceptions to the rule:
Only a small minority of defendants file a motion to suppress (ask a
judge to exclude evidence that was obtained in violation of defendants
rights)
Only a very small fraction of motions to suppress evidence are
granted
Good faith exception- the officers acted with the honest belief that
they were following the proper rules, but the judge issued the warrant
improperly
Reliance and honest belief must be reasonable
Evidence can still be excluded
Inevitable discovery rule- improperly obtained evidence can be used
when it would later have been inevitably discovered by the police
Police Abuse of Power
o Use of force:
Police may use legitimate force to do their job; not excessive
Excessive in violation of departmental policies and state laws
Single largest predictor of police use of force was use of force by the
suspect, to which the police then responded
The most frequent use of deadly force occurs in communities with
high levels of economic inequality and large minority populations
Police may not use deadly force in apprehending fleeing felons unless
it is necessary to prevent the escape and it is believed that the suspect
poses serious threat [of death]
Objective reasonableness- the officers use of deadly force
should be judged in terms of its reasonableness for the
specific situation that requires the officer to make a quick
decision about appropriate actions to take
o Corruption:
Grass eaters= officers who accept payoffs that the routines of
police work bring their way
Numerous; make corruption seem acceptable
Meat eaters= officers who actively use their power for personal
gain
Todays corruption police work is carried out at the officers own
discretion w/o direct supervision
Have many opportunities to gain benefits by using their
discretion to protect people who engage in illegal conduct
Blue-coat crime- part of an identifiable informal code those who
snitch on other officers may be ostracized
Four techniques used to control the police (increase accountability):
1. Internal affairs units receive an investigate complaints
against officers
a. Must receive enough resources to carry out its
mission
b. Must have direct access to the chief
2. Civilian review boards allow complaints to be channeled
through a committee of people who are not sworn police
officers
a. Oversee/review how departments handle citizen
complaints
3. Standards and accreditation police actions meet
nationally recognized standards
a. A written directive defines the limits of individual
discretion and provide guidelines for exercising
discretion within those limits
4. Civil liability lawsuits= lawsuits against departments for
police misconduct
a. Citizens are allowed to sue public officials for
violations of their civil rights
b. Lawsuits are brought to both state and federal courts
Possible Multiple Choice
Elements to issue a warrant [under the 4th Amendment]:
o The existence of probable cause
o Evidence must be presented to the judicial officer and be supported by oath or
affirmation
o Warrant must describe the specific place to be searched
o Warrant must describe person/items to be seized
What court has ruled out in regards to traffic stops:
o Forbids random stops of vehicles by officers on patrol
o A city cannot set up a checkpoint in order to check drivers for possible criminal
involvement
Suspects talk to the police despite being informed their Miranda rights bc
o They do not fully understand their rights
o May feel they will look guilty by remaining silent or asking for an attorney
o Believe they will gain a more favorable charge/plea bargain if they cooperate w/
officers as fully as possible
Conclusions about use of force:
1. Police use force infrequently
2. Police use of force typically occurs in the lower end of the force spectrum,
involving grabbing, pushing, or shoving
3. Use of force typically occurs when police are trying to make an arrest and the
suspect is resisting
The use of unnecessary force by officers will be reduced by
o Training
o Internal review of incidents
o Disciplining or firing of quick-trigger officers
Police corruption has 3 major on effects law enforcement:
1. Suspects are left free to engage in further crime
2. Morale is damaged and supervision becomes lax
3. The image of police suffers
CHAPTER 7
NOTES
Adversarial process= court process in which lawyers for each side represent their
clients best interests in presenting evidence and formulating arguments as a means
to discover the truth and protect the rights of defendants
o Judges oversee the interactions and enforce the rules w/o imposing their will on
the presentation of evidence by attorneys
Inquisitorial process= used by other countries the judge questions witnesses and
asserts herself into the investigation
The Functions of Courts
o Courts play a central role in enforcing societys rules and standards for behavior
(norm enforcement function)
o Handle dispute processing for society helps avoid the possibility that people
will resort to violence when they become angry about disagreements with
business partners, neighbors, etc.
People file lawsuits in order to seek government intervention
o Engage in policy making tells officers and officials what the can and cannot do
Determine how searches will be conducted, how suspects will be
questioned, and how prisons will be managed
The Structure of Courts
o Three levels of trial courts:
1. Of limited jurisdiction- handle only misdemeanors
a. Not present in federal system
2. Of general jurisdiction- felony cases and civil law suits
a. Where jury trials take place and judges impose prison
sentences
3. Appellate courts- where defendants claim that errors or the trial
court contributed to their convictions
a. Do not have juries
b. Lawyers do not present evidence they make arguments
about alleged errors only
o Courts of last resort= state supreme courts
In federal system U.S. Supreme Court
o U.S. district courts= trial courts of the federal system
94 districts- at least one in each state
To Be A Judge
o Three major roles:
1. Adjudicatora. Must assume a neutral stance in overseeing the contest btwn the
prosecution and the defense
b. Must apply the law in ways that uphold the rights of the accused in
their decisions
2. Negotiatora. Fate of defendant takes place in the judges private chambers
a.i. Decisions through negotiations btwn prosecutors and
defense attorneys about plea bargains, sentencing, and bail
3. Administratora. Manage the court house direct people and staff
b. Must deal with county commissioners, legislators, and members of
the state executive bureaucracy
c. problem solvers in innovative courts steer people to treatment
programs rather than jail
o Six methods used to select state trial court judges:
Merit selection= committee of citizens and attorneys evaluate
qualified people and sends the governor 3 choices
Author Charles G. Geyh supports
Nonpartisan election= an election in which candidates party
affiliations are not listed on the ballot
Partisan election= an election in which candidates openly endorsed
by political parties are presented to voters for selection
The Prosecutorial System
o Prosecuting attorney= represent the government in pursuing criminal charges
against the accused
Task of state and local governments
o U.S. attorney= officials responsible for the prosecution of crimes that violate the
laws of the United States
Appointed by the president and assigned to a U.S. district court
jurisdiction
Work on crimes violating federal laws
o State attorney general= chief legal officer of a state, responsible for both
criminal and civil matters
Work on crimes violating local laws
o Prosecutors have the power to make independent decisions about which cases to
pursue and what charges to file
Can drop charges and negotiate arrangements for guilty pleas
Their discretionary power can create the impression that some groups
or individuals receive harsh treatment while others receive protection
Discretion creates the risk of discrimination
Make decisions that largely determine the defendants fate
Influence the decisions of others while reinforcing relationships with
other actors in the system
o The prosecutors dilemma- prosecutors must do everything they can to win a
conviction, but must see that justice is done even if it means that the accused is
not convicted
prosecutors bias/ prosecution complex a prosecutors strong
desire to close each case with a conviction may keep them from
recognizing unfair procedures or evidence of innocence
o Prosecutors see their roles differently:
1. Trial counsel for the police believe they should reflect the views
of law enforcement in courtroom
a. Crime-fighter stance in public
2. House counsel for the police main function is to give legal advice
so that arrests will stand up in court
3. Representative of the court enforce rules of due process to ensure
that the police act according to the law and uphold the rights of
defendants
4. Elected official most responsive to public opinion
a. Care about political impact of their decisions
o Discretion of the Prosecutor:
Decisions may be driven by changing events in society
Stem from personal values (i.e. emphasis on leniency and
rehabilitation)
May shape decisions to please local judges (i.e. accepting plea
agreements to keep trials short)
Can decide the number of charges
Dont have complete control over plea bargaining defense attorneys
strengthen their position in the discovery process
Info from the prosecutors case file must be made available to
the defense
o Defense has the right to see any statements made by
the accused
Prosecutor may reduce a certain charge [after its been made] in
exchange for a guilty plea or nolle prosequi
An entry announced in court that indicates that charges
specified will not be prosecuted
o Charges are dismissed and no higher authorities can
force him to reinstate them
Key relationships of the Prosecutor:
The success of police, judges, and correctional officials depends on
prosecutors effectiveness in identifying and convicting lawbreakers
Police prosecutors depend on them to provide both the
suspects and the evidence needed to convict lawbreakers
o Their actions may create problems for the prosecutor if
they make many arrests w/o gathering enough
evidence
Victims & witnesses the decision to prosecute may be
influenced by the victims assertiveness in persuading the
prosecutor to file charges
Judges & courts prosecutors may decide to drop a case if
they believe the judge assigned to it will not impose a serious
punishment
The community prosecutors can build information and
identify witnesses when crimes occur
o Community prosecution
Decision-Making Policies:
Accusatory process= series of activities that take place from the
moment a suspect is arrested and booked by the police to the moment
the formal charge (indictment) is filed with the court
Grand juries are used in the federal system and in states where
legislatures have mandated their use for serious charges
o When grand juries are not used, the prosecutor has full
control of the charging decision
The Defense Attorney:
o Defense attorney= lawyer who represents accused and convicted persons
See themselves as defending the Bill of Rights make sure
prosecutors respect the constitution and provide proof beyond a
reasonable doubt before defendants are convicted and punished
Makes sure that prosecutors and judges understand and respect the
defendants rights
Consider plea bargaining at the earliest stages of a case
Guided by their role as advocate for the defendant, not by
outside pressures like prosecutor
o Counsel for Indigents
Indigent defendants= those who are too poor to afford their own
lawyers
Assigned counsel system- court appoints a private attorney to
represent the accused
Cases w/ multiple defendants
Ad hoc assignment system private attorneys tell judge
they are willing to take on the case
Coordinated assignment system court administrator
oversees appointment of counsel
Contract counsel system- an attorney, nonprofit organization, or
private law firm contracts with a local gov to provide legal services
to indigent defendants for a specified dollar amount
Rather protect personal financial interests then defend
clients cases
Public defender- public or private nonprofit organizations w/ fulltime or part-time salaried staff
Specialists in criminal law
Full time gov agencies do not sacrifice clients cases to
protect financial interests
How the Courtroom Functions:
o Local legal culture= norms shared by members of a court community as
to how cases should be handled
Norms help participants distinguish btwn our court and other
courts
Norms tell members of a court community how they should treat
one another
Norms describe how cases should be processed
Going rate= local view of the proper sentence, which
considers the offense, the defendants prior record, and
other factors
Whether a judge should take part in plea negotiations when
continuances (lawyers request for delays in court
proceedings) should be granted, and which defendants
qualify for a public defender
o Workgroups= a collection of individuals who interact in the workplace on
a continuing basis, share goals, develop norms regarding how activities
should be carried out, and eventually establish a network of roles that
differentiates the group from others
Necessary if a group is to carry out its task of disposing of cases
Through cooperation, each member can achieve her goals as well
as those of the group
Ex. prosecutor wants to gain quick convictions; defense
attorney wants fair and prompt resolution of the defendants
case; judge wants cooperative agreements on guilt and
sentencing
Possible Multiple Choice
The prosecutor
o Chooses the cases to be prosecuted
o Selects the charges to be brought
o Recommends the bail amount
o Approves agreements w/ the defendant
o Urges the judge to impose a particular sentence
Prosecutors may define their role differently than ones in other places bc
o Personal values
o Professional goals
o Political climate of their own city/county
The defense attorneys basic duty is to
o Protect constitutional rights
o Keep the prosecution honest in preparing and presenting cases
o Prevent innocent people from being convicted
Three groups of private practice lawyers:
1. Nationally known attorneys
2. Lawyers of choice for defendants who can afford to pay
3. Courthouse regulars (accept many cases for small fees)
4. Public defenders (gov-salaried attorneys)
CHAPTER 8
Notes
Arraignment= the court appearance of an accused person in which the charges are
read and the accused, advised by a defendants attorney, pleads guilty or not guilty
o First formal meeting btwn prosecutor and defendants attorney
Motion= an application to the court [by the defense attorney] requesting that an
order be issued to bring about a specific action
o Ex. may seek an order for the prosecution to share evidence; exclusion of
evidence
Bail:
o Bail= an amount of money specified by the judge, that defendants present to
the court as a condition of pretrial release
Used to ensure that the accused will appear in court as required
No constitutional right to release on bail does not guarantee that all
defendants have a chance of being released before trial
o Amount of bail is based mainly on the judges view of the seriousness of the
crime and of the defendants record
For minor offenses, police have a standard list of bail amounts
o Bail bondsmen= private businesspeople who are paid fees by defendants
who lack the money to make bail
Get to decide which defendants to help which ones are likely to
return for court appearances
Wisconsin has abolished private bail bond systems
Rely on deposits to courts
o Reforming the Bail System
(Reducing the number of defendants held in jail)
Citation- an issued ticket, which directs the offender to appear in
court instead of having to go down to the station and to court for
arraignment and then setting of bail
Release on recognizance (ROR)- pretrial release granted, on the
defendants promise to appear in court, bc the judge believes the
defendants ties to the community guarantee that they will appear
Percentage bail- defendants deposit with the court an amount of cash
equal to 10% of their bail; when they return to court this amount is
returned (besides a 1% fee)
o Preventive detention= holding a defendant for trial, based on a judges
finding that if the defendant were released on bail, they would endanger the
safety of others or would flee
Plea Bargaining:
o Benefits
Defendant is likely to receive less than the max punishment
Prosecutors save time and resources (dont have to prep for trial)
Private defense attorneys earn their fee quickly
Judges avoid time-consuming trials
o Outcomes of plea bargaining may depend on the relationships btwn
prosecutors and individual attorneys, as well as the defense counsels
willingness to fight for the client
o Prosecutors use multiple-offense charges to get the accused to plead guilty
to the lesser charge rather than risk a longer sentence even though it may be
unlikely that they will be convicted for all charges
Ex. filing a charge of selling drugs, even though they can convict only
for possession
o Once the prosecutor and defense attorney agree on the provable facts in the
case, they will agree on a sentence
Guilty plea entered w/o any bargaining both sides agree on what
the case is worth in regards to charge and punishment (implicit plea
bargaining)
o Legal Issues w/ Plea Bargaining
Defendants must state that the please was made voluntarily
If the prosecutor has promised to recommend a lenient sentence, that
promise has to be kept
Defendants must keep their side of the bargain (i.e. testifying against
a codefendant)
Prosecutors may threaten to seek more-serious charges if defendants
refuse to plea guilty
As long as charges are supported w/ evidence
o Criticisms of Plea Bargaining
Its unfair bc defendants give up some of their constitutional rights,
especially the right to trial by jury
Reduces societys interest in appropriate punishments for crimes
Bargain justice- the judge, the public, and sometimes the
defendant has too little information
Case cannot be adequately evaluated (too soon)
Innocent people will plead guilty to acts they did not commit
Possible Multiple Choice
A prosecutor may drop charges if
o The alleged crime is minor
o If the defendant is a first time offender
o They feel the few days spent in jail before arraignment have provided enough
punishment for the alleged offense
Criticisms of the bail system focus on
o Judges discretion in setting bail amounts
o The poor are deprived of their freedom while the affluent can afford it
o Negative aspects of bail bondsmen
o Jail conditions for those detained while awaiting trial
A judge decides to implicate preventive detention if
o There is a serious risk that the person will flee
o The person will obstruct justice or her a witness/juror
o The offense is one of violence or punishable by life imprisonment or death