Chapter 3 Law Enforcement and the Law

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 2 Introduction Criminal Law Constitutional Law Bill Of Rights Civil Law

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 3 Police Responsibility Liability Special relationship Reasonable expectation of protection Police frontline agents of the law First interpreters of crime Accord suspects civil rights and liberties

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 4 Order of Authority Checks and Balances Legislative – Makes the law Executive – Enforces the law Judicial – Interprets the law

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 5 Law Enforcement and Constitutional Law Seven Articles and 26 Amendments Power of Judicial Review Central goal is to protect civil rights and liberties of U.S. citizens

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 6 First Amendment Freedom of Religion Freedom of Peaceable Assembly Freedom of Petition Freedom of Speech Freedom of the Press

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 7 Second Amendment Right “to keep and bear arms” Originally armed militia Massachusetts Bartley-Fox Laws Project Exile

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 8 Fourth Amendment Restrictions on “unreasonable search and seizures” Requirements for “probable cause” Police need warrants based on probable cause

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 9 Fourth Amendment Stop and Frisk Reasonable Suspicion Wiretapping and Electronic Surveillance Exclusionary Rule Privacy and the Internet

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 10 Fourth Amendment Privacy and the Internet Child pornography investigations Legal implications of cyber crime Anonymity of the Internet Jurisdictional problems Little hard evidence

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 11 Fifth Amendment Due Process Substantive Procedural Double Jeopardy Self-Incrimination

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 12 Sixth Amendment Right to a speedy trial Trial by jury Public trial Right to confront witnesses Right to counsel

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 13 Eighth Amendment Bail Cannot be excessive No absolute right to bail Cruel and Unusual Punishment

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 14 Tenth Amendment Transference of remaining powers to states Law enforcement derives much power from recognition of state sovereignty

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 15 Fourteenth Amendment Equal Protection Clause Federal rights and protections extended to states

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 16 Law Enforcement and Criminal Law Crime a violation of statutory law Statutory laws form penal codes Substantive Law Procedural Law Case Law or Stare Decisis

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 17 Classification of Criminal Laws Felonies Misdemeanors Violations

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 18 The Components of Crime Actus Reus Mens Rea Intention Motive Corpus Delicti

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 19 The Components of Crime (con’t.) Concurrence Causation of harm Defenses

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 20 Law Enforcement and Civil Law Torts vs. crimes Restitution vs. punishment Preponderance of evidence vs. beyond a reasonable doubt Nolo Contendere

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 21 Mechanisms for Civil Liability and Law Enforcement Civil Rights Act (section 1983) Plaintiff deprived of civil right can file suit for redress

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 22 Civil Liability and Law Enforcement Intentional wrongs Negligent wrongs

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 23 Damages Awarded for Torts and Individual Officer Responsibility Damages Nominal Actual Punitive Liabilities Civil Criminal Administrative Good Faith Immunity

Juvenile Justice Today Gennaro F. Vito and Julie Kunselman © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 24 Reflections On Chapter Three 1.How would policing be different if we didn’t have the Bill of Rights? 2.Offer an example of how a person could be tried in both criminal and civil courts. 3.Why isn’t police use of force cruel and unusual punishment under the Eighth Amendment? 4.Why is it necessary to classify criminal laws? 5.In what type of case might a civil suit be more appropriate than a criminal charge? 6.Should individual officers be held civilly accountable for their actions or their departments? Explain.