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Constitutional Limitations of Interviewing and Interrogations in American Policing by Ross Wolf, Charles Mesloh, Robert Wood Copyright © 2013 Ross Wolf,

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Presentation on theme: "Constitutional Limitations of Interviewing and Interrogations in American Policing by Ross Wolf, Charles Mesloh, Robert Wood Copyright © 2013 Ross Wolf,"— Presentation transcript:

1 Constitutional Limitations of Interviewing and Interrogations in American Policing by Ross Wolf, Charles Mesloh, Robert Wood Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

2 Chapter 1 Introduction Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

3 A crime is an act or omission which is committed in violation of a specific law. Crimes and their penalties are defined by state and federal statutes (also may be defined criminal activity in local ordinances). If the legislative body of jurisdiction has failed to define an act as criminal, it is not a chargeable criminal offense. Categories of Crimes Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

4 Criminal legislation lists the specific elements that must occur for the crime to be prosecuted. The actus rea is the physical action that must be taken in order to commit a crime. Most crimes also include the element of criminal intent, or mens rea. Crimes have two general categories: felonies and misdemeanors. Categories of Crimes (cont’d) Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

5 Although similar in structure, the federal court system is larger and more complicated than any state court system. Jurisdiction is the authority of a court to decide a particular case. United States district courts are the trial courts, or lower level courts, of the federal court system. Federal Courts Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

6 Each state has a minimum of one district court, but many have more than one. Also referred to as courts of original jurisdiction, these courts first hear, try, and judge the case. There are ninety-four district courts in the United States District Court System. District court judges are appointed for life by the President upon confirmation of the Senate. Federal Courts (cont’d) Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

7 The judicial districts are arranged into 12 regional circuits. The United States courts of appeals are intermediate appellate courts for the federal court system, and each circuit has a court of appeals. Appeals court judges are also appointed for life by the President and confirmed by the Senate. Federal Courts (cont’d) Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

8 The United States Supreme Court is highest appeal court in the United States, but it also has original jurisdiction over certain cases. There are eight Supreme Court Justices, and one Chief Justice of the Supreme Court. All are appointed by the President for life, and are confirmed by the Senate. Federal Courts (cont’d) Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

9 State criminal courts of original jurisdiction are usually divided into two categories, those of jurisdiction over minor criminal court cases (such as misdemeanors and traffic cases), and those that have original jurisdiction over more serious crimes (such as felonies and capital crimes). Courts with jurisdiction over minor crimes are called a variety of names, including county court, municipal court, police court, etc. State Courts Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

10 Depending on the jurisdiction, a lawyer who works for the government in the prosecution of criminal cases can also be known by many different titles. Usually called a district attorney, state attorney, or (when in federal court) a United States attorney, this position is responsible for the prosecution of cases on behalf of the government. Attorneys Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

11 The head of a prosecutorial office may be elected or may be appointed, and usually has deputy or assistant attorneys to assist in criminal prosecution of the jurisdiction. Every arrest does not result in prosecution. Often, prosecutors elect to charge individuals with lesser crimes committed as part of a more serious criminal act, or use those lesser crimes as bargaining chips during plea bargaining Defense counselors are also officers of the court, and may be public or private. Attorneys (cont’d) Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

12 The state must prove that the defendant is guilty beyond a reasonable doubt as the American system basis is that a criminal defendant is presumed innocent until proven guilty beyond a reasonable doubt. Evidence should persuade a reasonable person that a particular fact proposed is or is not true. The Court Case (cont’d) Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.

13 The full set of PowerPoint slides is available upon adoption. for more information. Copyright © 2013 Ross Wolf, Charles Mesloh, & Robert H. Wood. All Rights Reserved.


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