1. Enter Earl Warren. He and his court thought that the exclusionary rule was
ridiculous. Warren court looked for the right case to use.
2. He found Mapp V. Ohio
a. Dollree Mapp was living in Ohio and allegedly involved in immense
illegal activities. Her
1. Difficulties with the exclusionary rule
a. The evidence gathered can be very valid and prove guilt. Then the system
takes a hit and guilty man goes free
b. The exclusionary rule does not help any innocent people, it just helps the
1. Unwarranted searches
a. Search incident to valid arrest: search has been at time of arrest and has to
be of person and area of his immediate
b. Search to prevent the destruction of evidence: Those searches can only
target the areas where the
1. After 1984, there seemed to be equilibrium. Liberals happy that they still had the
exclusionary rule while Conservatives happy they had dented the exclusionary
2. Over the last 4 or 5 years the Supreme Court has modified the exclusionary rule
1. Nixon decided to appoint more conservative, law-and-order justices
a. Appointed Burger Chief Justice and some others
b. Scholars thought that the next conservative justice would overturn the
c. The exclusionary rule did not have the critic
a. Silverman V. US (1961): Silverman is involved with illegal gambling
offenses. Law enforcement get permission to enter the vacant house next
door, they go inside his house and bug it.
i. Supreme Court ruled that putting in the bug violated the physical
Kastigar V. US
What: Kastigar was called before a grand jury and told testify. He was granted immunity,
but refused to testify. Can the government compel testimony with a grant of immunity?
Ruling: As long as the immunity is broad enough that no statement
Ruling: Violation of Miranda does not warrant the same consequences as a constitutional
violation. Their was time after the Miranda violation before the confession, which meant the
confession was not the fruit of the poisonous tree. The confession is vali
Ruling: The environment did not restrict the defendants ability to depart in anyway, therefore
Mathiason was not in custody. A noncustodial situation means that Miranda does not apply
because it is not a coercive environment.
Brewer V. Williams
What: A gi
Brown V. Mississippi
What: A confession was secured by torture.
Ruling: Police cannot use a confession extracted through violence.
Cobb V. Texas
What: Police got a report that a home had been burglarized and two people had gone missing. The
The Classical School, which developed in the mid 18th century, was based
on utilitarian philosophy. Cesare Beccaria, author of On Crimes and Punishments (1763
64), Jeremy Bentham, inventor of the panopticon, an
This theory is applied to a variety of approaches within criminology in particular and in
sociology more generally as a conflict theory or structural conflict perspective in
sociology and sociology of crime.
Sociological positivism suggests that societal factors such as poverty, membership of
subcultures, or low levels of education can predispose people to crime.
Adolphe Quetelet made use of data and statistical an
Following on from the Chicago school and Strain Theory, and also drawing on Edwin
Sutherland's idea of differential association, subcultural theorists focused on small
cultural groups fragmenting away from the
Rational choice theory is based on the utilitarian, classical school philosophies of Cesare
Beccaria, which were popularized by Jeremy Bentham.
They argued that punishment, if certain, swift, and proportionate
Symbolic interactionism draws on the phenomenology of Edmund Husserl and George
Herbert Mead, as well as subcultural theory and conflict theory.
This school of thought focused on the relationship between the po
Becker's theory acknowledged that a society could not eradicate crime beneath a certain
For example, if 25% of a supermarket's products were stolen, it would be very easy to
reduce this rate to 15%, quit
Deviance is concerned with the process whereby actions, beliefs or conditions (ABC)
come to be viewed as deviant by others.
Deviance can be observed by the negative, stigmatizing social reaction of others towar
Both the Positivist and Classical Schools take a consensus view of crime that a crime
is an act that violates the basic values and beliefs of society. Those values and beliefs are
manifested as laws that societ
Psychotherapy refers to a set of procedures or techniques used to help individuals or
groups alter their maladaptive behavior, develop adaptive behavior or both.
The behavior must be considered maladaptive by t