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Chapter 7 Policing - Legal Aspect

Chapter 7 Policing - Legal Aspect - 1 Chapter 7 Policing...

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Chapter 7 Policing: Legal Aspects Revised Summer 2010 I Introduction A Sean Bell killed by Police when leaving Bachelor party 1 50 rounds fired at Bell 2 Ultimately 3 cops indicted on manslaughter a All were acquitted on all charges II The Abuse of Police Power A Incidents of Police Abuse do happen 1 Rodney King 2 Abner Louima – solemnized by police B The Changing Legal Climate 1 The basic rights of Citizens are found in the Bill of Rights a Listing of some important rights 1) Against unreasonable searches and seizures 2) Necessity for probable cause 3) No self incrimination 4) Right to Due Process 5) Speedy trial 6) Right to trial by jury 7) Be informed of charges 8) Right to cross examine witnesses 9) Right to an attorney 10) Right to compel production of witnesses 11) Reasonable bail 12) No excessive fines 13) No cruel and unusual punishment III Individual Rights A Due Process Requirements 1 No specific definition of due process 2 Has become a sort of catchall for fairness B Substantive and Procedural Due Process 1 Substantive – that the overall right is fair 2 Procedural – is the way the law is being applied fair IV Search and Seizure A The Exclusionary Rule 1 Evidence that is gathered during an illegal search may not be admitted to court against the party whose rights were violated 2 Established first in 1914 – Weeks v. US 3 Applies only in criminal cases 4 Precedent Cases 1
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a The Weeks case established a new pattern b Were did this new right come from?
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