Policing

• Service Calls most often
• Protect: Patrol
• Car patrol: most common (70-80%) single officer
• Horse patrol: effective, officer above crowd
• Walk patrol: show presence
• Problems: us against us
• Timing: 1 min after crime 2% chance of catching;
  under one minute, less than 30 sec - 50% chance

Three types of Police Response:

1. Routine Incident Response
2. Emergency Response
3. Differential Response: using logic/prioritizing when answering calls (ex: candby bar stolen vs rape call)

Problem Oriented policing

1. Legalistic Approach to managing police: enforce according to the letter of the law. ex: Speed limit 25, everyone gets a ticket at 26 mph.

2. Watchman Style Approach: ignore small issues like cat stuck in tree, service suffers! 

3. Service Approach: Police are there to help - service oriented.

Valid reasons for Conducting a search:

1. To protect the arresting officer.
2. To prevent evidence from being destroyed.
3. To keep the offender from escaping.

When search becomes illegal

When it goes beyond the defendant & the area within the defendant's immediate control

When it is conducted for other than a valid reason

Fourth Amendment

 "Protects people, not places: adopted by Congress and became effective December 15,1791

• Right against unreasonable searches and seizures
• The right against arrest without probable cause

Fifth Amendment

• The right against self-incrimination
• The right against double jepardy
• The right to due process of the law

Sixth Amendment

• The right to due process
• The right to a speedy trial
• The right to a jury trial
• The right to know the charges
• The right to cross examine a witness
• The right to a lawyer
• The right to compel witnesses on ones behalf

Eight Amendment

• The Right to reasonable bail
• The Right against excessive fines
• The Rights against cruel and unusual punishments

Fourteenth Amendment

• The Right to due process
• The applicability of constitutional rights to all citizens regardless of state law procedure

10 Types of Warantless searches

1. Probation
2. On the border entering a state or country, you are subject to searches.
3. Auto:police can look into your vehicle, if they see something suspicious, they can search the vehicle.
4. Consent: if you give consent, no warrant required.
5. Hot Pursuit: if chasing you, they have right to search without warrant

10 types warrantless searched cont..

6. Plain View

7. Stop and Frisk (reasonable suspicion)

8. Extingent Circumstances: emergency response situation

9. incident to an arrest: prior to placing in police vehicle

10. suspicionless searches -urine test for job, while on probation; ensures compliance with release fm jail.

Due Process

5, 6, and 14th Amendments: mandates justice system officials respect the rights of accused individuals through entire criminal justice process

Most due requirements:

• evidence and investigation
• arrest
• interrogation

4 differences between Federal and State Courts

1. The Law: different laws
2. Jurisdiction: different jurisdictions
3. Procedures: different procedures
4. Case load: state has larger case load

State Courts

• General jurisdiction
• Appellate Court
• State Supreme Court (50 one per state)
• Special jurisdiction: Probate, Juvenile, Family, etc.
• Limited jurisdiction: minor/small stuff

Federal Courts

• District Court (94 district courts)
• Appellate Court/Circuit Court (13 appellate courts)
• Supreme Court (1 Supreme Court)

Supreme Court

• 1 Chief Justice and 8 Justices
  
  *No federal requirements to become Justice
  
  13 Federal Circuits
  154 State Circut level judges

Three ways to get case accepted by Supreme Court

1. Conflict in interpretation of constitutionality of Federal law.
2. Correct egregious depature from the norm.
   ex: life in prison for spitting on the sidewalk
3. Resolve and important violation of Federal Law.
   
   *Judicial branch of govt is the only branch with no precedent. Innate ability to look out for minority rights. Brown v Board of Education

5 ways to get job position

2- Get elected (partisan-Nonpartisan)

2-Get Appointed (Who appoints them?)

   Governor (? party in power)

   Legislature (Whoever controls house)

1-Merit Promotion

Diversion - avoiding trial benefits

1. Offender: treatment in lieu of punishment.
2. CJ System: no overcrowding jails.
3. Community: offender productive member of community. Working paying taxes.
   
   Recitivism: 80% child molestors return to committing crime.

• Prosecution
  
   Arraignment (explain charge, plea, bail)
• Bail (15% commit crime on bail/25% won's show)
• Plea (not guilty, guilty, not guilty insanity, nol contendre, stand mute-means non-guilty)
• Plea Bargaining
  
  
  

Plea Barganing

Save our system. 90% plea bargan, 5 % go through trial,1 out of 20 go to trial.

1. Charge Reduction: make smaller (2 degree vs 1 degree murder)
2. Removal of Charges: Instead of 5 charges, take it down to a couple.
3. Sentence Negotiation: certain jails, work release pgm

Trial

Jury Selection:

Meet requirements (citizen, no felony, etc.)

Get rid of for cause (victim of that crime before, etc)
Bias (impartial)
Pre-emptory challenge (no reason needed)

Begin Trail

• Opening Statements
• Prosecutor Case (evidence; physical/testimonial)
• ***Defense as for case to be dismissed***
• Defense Case
• Closing Arguments
• Instructions to jury
• jury deliberation
• Sentencing

Objections

• question not worded correctly (assume facts)
• argumentative (subjective answer)
• Leading Question (giving answer through ?)
• irrelevant/inmaterial (nothing to do w/trial)
• compound question (2 ? in 1)
• narrative answer
• hear say
• privledge (priest, dr, psychologist)
• conclusion
• speculation

4 Purposes behind Punishment/Sanctions:  ***Test question***

1.       Retribution: pay back, vengeance,eye for an eye

2.       Deterrence: prevent/impede crime
a. Individual: reduce benefit of committing crime
b. General: punish to keep others from committing crime/use punishment as example.

3.       Rehabilitation: treat criminal/fix problem (**does not work well)

4.    Incapacitation: remove from society

2.3 Million people incarcerated in the U.S.

$45 Billion dollars spent annually U.S.

44,000 incarcerated in Alabama

$500 Million dollars spent annually in AL, Each person costs approx $ 25,000-30,000 annually

**Goal of the current system: retribution (vengeance, eye for eye): punish people for breaking laws.

***The goal of criminal justice is Deterrence. Prevention.

Certainty of getting caught is more effective than severity of punishment. If you are certain that you are going to get caught every time you speed down Hillcrest and that you will have to pay a $100 fine each time. Then you won’t speed. – “certainty”

2 Types of Sentencing:  ***Test Question***

1.       Determinate: fixed sentence

2.       Indeterminate: 5-10, 20-life (max often reduced for good behavior)

      Discretion: Our system is slowly doing away with discretion
1. Getting rid of parole

2. Getting rid of indeterminate sentencing

3. Judges now have to follow sentencing guidelines (found in laws, statutes, truth in sentencing )
4. More laws like the Three-Strikes law being passed (3^rd felony gets you life in prision)

Death Penalty:

 AL has put to death a young person and a mentally retarded person.

Since then the U. S. Supreme Court has decided that young people and mentally challenged people cannot be put to death.

**If you are ok with the death penalty, you have to be okay with killing innocent people.

Supreme Justice Scalia said that “the constitution of the U. S. does not say that we cannot kill innocent people, it says we have to give them due process.”

********This will be on the test at least three times*********

Is the death penalty a deterrent?

The professor says and he said the facts say “NO”!

He believes that it should be our goal to fix people and return them to society to work, pay taxes, etc…

He does believe the only folks that would/should fall into the death penalty would be inmates who kill other inmates or guards and only with 100% proof.