Welcome to CJ227 Unit TWO Seminar Kaplan University CJ227 CRIMINAL PROCEDURE Greetings Everyone! Welcome to CJ227 Unit TWO Seminar

In this Seminar we will discuss: Justification Seminar Subjects In this Seminar we will discuss: Police Encounters with Individuals Justification Custody & Arrest Considerations So, get comfortable people – we NEED about (40) hours to adequately address these topics, but only have 50 minutes! But FIRST: Review Unit 1 ~ Look to Unit 2

U.2 Class Items What do I have to do to complete this unit? Read Chapters 3 and 4 Analysis & Application Paper (80 pts) (READ Directions – FOLLOW Directions) Seminar (20 pts) Discussion Board  (20 pts) Quiz (10 pts)

Follow your U2 A & A Checklist Written Assignments Comments about U.2 Written assignment (1st of 4) Analysis & Application Paper Read Directions – Follow Directions Outside research REQUIRED Adhere to APA guidelines Follow your U2 A & A Checklist : How the American criminal justice system has evolved from its inception. At a minimum, address these questions: Do you think criminal laws have significantly changed from 1700-1800’s –how? After selecting two specific criminal laws, discuss how they have evolved, changed, and are now applied. How have these two criminal laws impacted our criminal justice system?

Analysis & Application Checklist Criteria: Ask yourself the following questions. Purpose for Writing Did you address all areas of the paper? Clear Purpose? State Major Topics clearly? Research Current? Use Credible Sources? Responses Substantive? Content Accurate? Comprehensive enough to address the topic? Format Paper in Word? APA format to cite your sources correct? Check Spelling? Check Grammatical errors? Follow paper length directions?

Police Encounters Consensual encounters Detentions Arrests

Authority of Law Enforcement LEO - private person arrest anywhere. LEO must be in his/her officer’s jurisdiction. Jurisdiction determined by legislative enactments. City LE (police) County LE (sheriff) State LE (troopers) Federal LE (agents)

Temporary Detention Terry v. Ohio Intrusion is minimal – less than arrest Justification: Reasonable suspicion - Based on specific facts that can be articulated to a court. - Less than probable cause. - Cannot be based on “instinct” not backed by facts Developed the concept of differential intrusiveness Stop & Frisk

Temporary Detention Typically a short period of time Detention for questioning is not an arrest May also use reasonable force LE may pat down individual for weapons (with additional reasonable suspicion exists and necessary for safety reasons) If police restraint goes beyond that which is reasonably necessary for questioning, an arrest may result.

Arrest The taking of a person into custody in the manner authorized by law. Private Person v. LEO arrest Arrest Defined: when the detained person; reasonably believes; he/she is not free to leave; due to the actions of LE; and in the manner authorized by law.

Two Elements of Probable Cause Reasonable belief crime has been committed Person to be arrested committed the crime (past/present/future)

Arrests & Warrants General rules: 1. For LE to make an arrest, police must obtain an arrest warrant. No arrest warrant – no arrest. 2. Except…Warrantless Arrest (most common) To make warrantless arrest, a) Exigent circumstances must exist (no time to obtain warrant) and b) LE must have probable cause.

Uniform Act of Fresh Pursuit Uniform act adopted by most states. Allows an officer to cross state lines in “hot pursuit.” In most states it applies only to felonies. Individual arrested must, without unnecessary delay, be taken before a “local magistrate.”

Custody What is Custody? When retained person reasonably believes they are not free to leave the scene. When does Custody attach? Courts use objective standard: reasonable person in the suspect’s shoes Note: Miranda warning is not legally required upon arrest; required only when person taken into custody and is interrogated

Decision to Arrest If arrest is lawful: Non-deadly force reasonably necessary to overcome resistance; to retain custody; Has duty to inform if possible; Person may be subjected to reasonable restraints; Person may be searched If suspect resists, the officer may increase the force to counter the resistance; LE has no duty to retreat as force escalates

Use of Deadly Force Defined: force reasonably capable of causing death or great bodily harm Justification: only as an absolute last resort and where the failure to stop suspect poses a serious risk of bodily injury or death to others. Killing by civilians can be considered justifiable homicide if it is committed in self defense, the defense of others, while trying to prevent of serious crime. Deadly force (LE) is restricted to the guidelines set forth in Tennessee v. Garner.

Excessive Force Even when use of deadly force is justified, Force used may be excessive Not necessary under the circumstances Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation

Miranda Requirements For Miranda to apply, individual must be 1. In custody Under control of law enforcement Not free to leave 2. And Interrogated Questioning intended to elicit information from the suspect Components: Right to remain silent Anything said can be used to incriminate Right to attorney while questioned Right to attorney, if can’t afford one

Miranda Warning Right to remain silent Components: Right to remain silent Anything said can be used to incriminate Right to attorney while questioned Right to attorney, if can’t afford one At Trial: Both inculpatory & exculpatory statements, in custody under interrogation are admissible ONLY IF prosecution shows: a) defendant was informed of the right to counsel b) before and during questioning c) informed of right against self-incrimination prior to questioning d) understood these rights, but voluntarily waived them.

Miranda Exceptions Statements made while not in custody Answers to questions at crime scene Inevitable discovery exception: evidence that would have been discovered in other ways Used to impeach a witness Statements to undercover officer posing as friend/inmate Fruit of poisonous tree doctrine – does not apply when statements are voluntary

Did you learn something tonight? Did you identify any area(s) you need to study in greater depth?

Otherwise, Class is Adjourned Questions? Comments? Concerns? If you have any of the above –please stay and ask! Otherwise, Class is Adjourned Have a great week!