Law Enforcement

Corrections

Judicial system

Guaranteeing Due Process

Crime Prevention

Protection of Life and Property

Apprehension of the offender

Enforcement of the law

Equal Justice

Secure confinement and Rehabilitation of Offenders

Rehabilitation or treatment directed toward changing offender.

Incarceration is needed to assure the punished offender will not commit further crimes and to provide deterrance of others.

the arm of the Criminal Justice System that detects crime, identifies and apprehends criminals.

Enforcing the Law

Maintaining Order

Preventing crime.

Anywhere in the county

Anywhere outisde the county when requested by a law enforcement agency

or

anywhere  when in fresh pursuit.

This applies to deputies conducting civil service as well as investigating criminal matters.

anywhere within city limits

outside city limits when on property owned or controlled by the city

anywhere outside the city when requrested by a law enforcement agency

anywhere when in fresh pursuit

On property owned and operated by the state educational institution, by a board of trustees of the state educational institution, an endowment associations, an athletic association, a faternity, sorority, or other student group associated with the state educational institution.

on the strrets, property and highways immediately adjacent to the campus

Enforcing the Law

Maintaining Order

Preventing Crimes

Enforce all wildlife and park laws and other laws of the state, including the state traffic code, anywhere in the state.

Responsibilities include protecting the public, reducing violent crimes and collecting revenue.

ATF enforces the federal laws and regulations relating to alcohol, tobacco products, firearms, explosives and arson.

Guilty-Admits guilt

Not Guilty -Does not admit guilt

No Contest-Does not admit guilt but states that if goes to trial that the prosecution could have enough to find guilty.

An elected or appointed public official, licensed to practice law, who conducts criminal proceedings on behalf of the state or people against an accused person.

If charges are filed, the prosecutor is responsible for presenting the state's case, introducing evidence, and arguing in favor of conviction.

Ascertain the nature of the charge (6th adm.)

Bond or Bail is set (8th adm.)

A district Magistrate or District Judge may handle this step.

What is a preliminary hearing?

every felony charge has a right to a preliminary hearing.

In Kansas this is often used in lieu of Grand Jury Indictment.

This hearing is to show:

Probable cause a felony was committed AND

Probable Cause the defendant committed the felony.

This determination is required before the case can advance to trial.

Usually held within 10 days of the first appearance.

Only applies to FELONY.

District Magistrate or District judge may handle this step.

Each defendant has the right to a jury trial. 

They may choose a bench trial.

Jury Trial= Jury determine guilt or innocense

Bench Trial= Judge determines guilt or innocense

Jury Trial Misdemeanor has 6 jurors

Jury Trial Felony has 12 jurors.

Judge always determins admissible evidence in either type of trial.

Field notes are your first impressions and attempt to document an event in time that will be lost forever.

You are the first responder, first impartial witness to events that others will attempt to examine. 

NEVER throw them away.

First permanent record of incident.

Complete, detailed and readable.

Memory Aid

Investigative Aid

Professional Information.

A report is used to communicate the facts about an incident to those interested in the case.  Reports become permanent reocrd of fact.  Prosecutors use reports to acess the possible testimony of a witness or the officer.

Serves as a memory aid that an officer can refer to.

Also documents officers activies.

Sender-Who is the person who is talking

Message-What is being told

Receiver-whom the message is directed

Feedback-communication from the receiver that lets the sender know if message is correctly recieved.

Complete

Concise

Clear

Correct

Who

What

When

Where

How

Why

Criminal Discharge of a Firearm (misdemeanor)

ELEMENTS

Reckless and unauthorized discharge of any firearm:

Firing onto private or public land without premission of the owner

(not a dwelling)

Discharge of a firearm into a dwelling or structure in which there is a human.

DRIVE BY SHOOTING STATUTE

Does not require those inside the bldg to be in immediate FEAR of bodily harm.

Theft

Less than $1000 Misdemeanor

Greater than $1000 Felony

FIREARM FELONY

Ownership of property by another

INTENT to PERMANENTLY deprive owner

Seperate charge for each time theft is committed

Value of propery (not sentimental value) determines F or M

Sales tax not included when taken from retail store.

Concealment of merchandise in "Toy"  box

Criminal Deprivation of property

FIREARM felony

Joy Riding Statute

Temporarily deprivation only-not permanent.

Burglary

FELONY

Without Authority (NOT INVITED)

With intent to commit a theft, felony or sexually motivated crime when they entered the building, structure or vehicle.

Forceful entry not required.

No Person Present

Aggravated Burglary

FELONY

Without Authority (NOT INVITED)

With intent to commit a theft, felony or sexually motivated crime when they entered the building, structure or vehicle.

Forceful entry not required.

Person

Arson

FELONY

Fire Dwelling or Non Dwelling

Knowingly while manufacturing a control substance

Value of property irrelevant

No PERSON present

Victim must have an interest in property-tenant, ower, leaseholder (not neighbor)

Aggravated Arson

Felony

PERSON on property

NOT A BODY

Great bodily harm of LEO or Firefighter in course of fighting fire or investigation.

Criminal Damage to Property

(Value and damage less than $1000 misdemeanor

More than $1000 felony)

Cost needed to restore the property to previous condition.

Includes parts and labor.

Reckless conduct is insuffient for charge.

Must show KNOWINGLY conduct.

KNOWINGLY Damange property by means other than fire or explosives.

Criminal Trespass

(misdemeanor)

Entering Relevant property in difiance of a court order which bars person from the property as long as the person was SERVED with the order.

Owner of property can not tell person its ok to come on property as only a court can modify its order

Entering property with notice that entry is NOT permitted.

Resisting Arrest

Action must be directed to particular LEO and suspect must have reasonable knowledge that he is substantially obstructing LEO in the performance of his official duty- "substantially hindering"

One spouse refusing to produce suspect spouse to LEO  serving an arrest warrant is interference.

If it is reasonable probable cause.

May not be stale in nature

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 warrant shall issue, but upon PROBABLE Cause, supported by oath or affirmation, and particulary describing the place to be searched, and the person or things to be seized.

Violations of the Fourth Amendmant can result in the confessions, admission or statement being inadmissible as fruit of the poisonous tree.

Fifth Amendment guarantees right to remain silent (SELF INCRIMINATION), one can not be forced to say anything that may incriminate them.  MIRANDA CASE

Sixth Amendment-Right to counsel

Police may not interrogate a suspect after they assert the right to counsel, unless the suspect initiates a subsequent interview or counsel is present.

VOLUNTARY BLURT OUTS-admissible

Nature of the Interrogator

Nature of the Suspect

The time and place of interrogation

the nature of the interrogation

the progress of the investigation at the time of the interrogation.

KNOWINGLY and Intelligently

and

Voluntarily

Apparent age, intelligence, background and education

Length of detention and interrogation

Circumstances of interrogation

Advice concerning constitutional rights

Whether the defendent was physically punished or threatened with punishment.

The ability of the accused upon request to communication with the outside world..

Fairness of the officer conducting the interrogation.

Full Time or part time salaried officer

560 Hours approved KLETC training

W/in 1 year of hire

40 hours of Continuing education

Failing to do CE can result in loss of certification and/or Job.

Dont cram everything on one page

Verify everything

Be organized

Write enough field notes to compose a narrative

Record info immediatelly dont wait

Remember state and agency reports, what info is needed.

Connections to other cases

Info to follow up on cases.

First permanent record of incident

Reflects what you observed and what you did.

In an effect an investigation

Gather as much info as possible.

Accurate

Clear

Complete

Concise

Legible

Record as recieved

Who, What, When, Where, How and Why

Be impartial and Objective, not subjective

Be Concise.

Must have search warrant

Must be important to case and reasonable

Done by a Dr or Nurse with LEO of the same gender present.

Can not be waived

Chain of Custody.

Necessary to prevent escape

AND

PC suspect poses significant threat of death or serious bodily harm

must be pre approved

or written in the warrant

Civil Litigation

Tort Claims

Criminal Liability

Negligence

Intentional infliction of emotional stress

Endangerment of third parties

Assault

Battery

False Imprisonment

False Imprisonment

Assault

Battery

Aggravated Battery

Homicide

Never engage in cruel, degrading or inhuman treatment of any person.

Refrain from using unnecessary infliction of pain or suffering.

Split second decisions in circumstance that are tense and uncertain

Severity

Resistence

What force was used

What was the threat

Making an arrest

Breaking up an altercation

Dispersing an unruly crowd

Performing a myriad of other official activities during their daily routine.

Effect an arrest

Prevent an escape

Self Defense

Protect citizens or another officer

Ability-abilitiy to inflict great or grave bodily harm

Opportunity- must have the opportunity to employ their ability

Jeopardy-Have motive or Intent OVERT move

Sender-articulates the

Message-what the sender wants to relay to

Reciever-the person the sender wants to get information to

Feedback-Reciever gives info back to sender.

Supervisors

Prosecutor

Defense attorney

Insurance company

Follow up offiers

Other agencies-Supplemental reports.