1. Welcome to Unit 4!! Kaplan University

2. Graded items: 1. Discussion Board 2. Quiz 3. Seminar Unit 3 recap

3. Discussion Board Seminar Quiz Unit 4 graded items

4. Discussion Board Question Miranda v Arizona Must go to these websites to read about Miranda: www.law.cornell.edu www.law.cornell.edu www.findlaw.com www.landmarkcases.org Unit 4 Discussion Board

5. Unit Four Discussion In the scenario: Is the patrol officer required to advise the defendant of his rights? Is the detective required to advise the suspect of his rights at the county jail? Why or why not?

6. Miranda Background A landmark 5 to 4 decision of the U.S. Supreme Court Ernesto Miranda arrested on circumstantial evidence that he kidnapped and raped an 18 year old woman ten days earlier. Miranda interrogated by police for two (2) hours Miranda signs a sworn statement confessing to the rape Deposition contains the following statement “I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me”. Miranda was not advise of his right to counsel or to remain silent.

7. Miranda At trial – Miranda’s lawyer argues that the statement was not voluntary because he did not know his rights and therefore the statement should be excluded. Initial objection overruled – Miranda convicted of rape and kidnapping and sentenced to 20 to 30 years in prison on each charge – concurrent sentences. Appeal filed with Arizona State Supreme Court who affirms Miranda’s conviction U.S. Supreme Court agrees to hear case

8. Miranda – Supreme Court Decision The Court wrote “The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him” Miranda’s conviction was overturned

9. After The Court Decision Miranda is retried – prosecution does not use confession, but calls witnesses and uses other evidence. Miranda is convicted again in 1967 and again sentenced to 20 to 30 years. Miranda paroled in 1972 Miranda is murdered (stabbed to death in a bar) in 1976

10. Must have TWO things for Miranda to apply: 1. Person is “in-custody” – arrest or just being detained and not free to leave 2. Person is being interrogated – being asked questions that are incriminating Miranda v Arizona

11. Your Thoughts? Should police officers have to advise suspect of their rights prior to custodial interrogation/interview? Should a confession be thrown out of court if an officer does not follow the “letter of the law”?

12. There are five core operational strategies, each with unique features: 1. Preventive patrol 2. Routine incident response 3. Emergency response 4. Criminal investigation 5. Problem solving Additionally, there is a 6 th ancillary operational strategy: support services. Unit 4 PPT

13. Patrol is designed to: 1. Deter crimes 2. Interrupt crimes in progress 3. Position officers for quick response to emergencies 4. Increase the public’s feeling of safety and security Preventive Patrol

14. Routine incident responses include restoring order, documenting information, or provide another immediate service to the parties involved in routine occurrences such as minor traffic accidents.  This is the second most common police activity.  Having a good response time is strongly linked to citizen satisfaction. Routine Incident Response

15. Emergency responses (or critical incidents) occur in response to crimes in progress, serious injuries, natural disasters, and other situations in which human lives may be in jeopardy. Emergency Response

16. Criminal investigations dominate media attention but constitute a relatively small proportion of police work. An investigation involves discovering, collecting, preparing, identifying, and presenting evidence to determine what happened and who is responsible. Criminal Investigation

17. Problem solving policing requires: Gathering knowledge of problem causes Developing solutions in partnership with the community Responding with a workable plan Assessing the progress Problem Solving

18. Support services are ancillary services such as dispatch, training, personnel, property control, and record-keeping that keep agencies running. Support Services

19. Unit Five Unit Five is your midterm week. You have no assignments due during this time. This would be an excellent time/opportunity to catch up on any assignments that you may have forgotten to turn in up to this point. Remember, there is no Seminar in Unit 5 – enjoy your week off!!! I will be contacting individual students by phone that are missing assignments this week. As always, please don’t hesitate to contact me if you need assistance.

20. IN CLOSING… I truly want to thank each of you for your hard work up to this point in the class. As you will see the course will become a little more difficult as we progress. I will be focusing a little more on the content (grammar, wording, spelling, etc) that you use in your discussion posts for the second half of the course. Please make sure you proofread your work prior to submission. I will be unavailable (by computer at least) on from Friday November 18 th at noon until Saturday evening November 19 th. If you have an urgent matter that needs assistance please call me (607-738-8735) or contact me via AIM. Finally, since we will not have a Seminar next week I want to wish each of you and your families a healthy and safe Thanksgiving holiday.