1. GREEK LITERATURE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 Greek Literature in a Modern Society Unit 4

2. ARE YOU CATCHING ON YET? CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 2

3. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 3 Policing: Legal Aspects UNIT 4

4. What’s Due This Week? This week (Unit), you will be completing the following assignments: The Unit #4 Discussion Board The Unit #4 Quiz The Unit #4 Live Seminar or the 300-word Alternate Essay Assignment The Unit #4 Assignment – Due Process Violations. The Unit #3 Power Point Project There is NO SEMINAR in Unit #5!! CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL by Frank Schmalleger ©2007 Pearson Education, Inc. 4

5. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 5 No one is above the law…not even the police.

6. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 6 The U.S. Constitution was designed to protect against abuses of police power.

7. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 7 Restraints on police behavior:  Help to ensure individual freedoms.  Must be balanced against the need for police to effectively do their jobs.

8. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 8 The U.S. Constitution, especially the Bill of Rights, is designed to protect citizens from abuses in police power. Due Process is required by 4th, 5th, 6th, and 14th Constitutional Amendments.

9. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 9 THIS RIGHT IS GUARANTEEDBY THIS AMENDMENT The right against unreasonable searches and seizuresFourth The right against arrest without probable causeFourth The right against self-incriminationFifth The right against “double jeopardy”Fifth The right to due process of the lawFifth, Sixth, Fourteenth The right to a speedy trialSixth The right to a jury trialSixth The right to know the chargesSixth The right to cross-examine witnessesSixth The right to a lawyerSixth The right to compel witnesses on one’s behalfSixth The right to reasonable bailEighth The right against excessive finesEighth The right against cruel and unusual punishmentEighth The applicability of constitutional rights to all citizens, regardless of state law or procedure Fourteenth

10. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 10 Most due process requirements relevant to the police involve: 1. Evidence and interrogation (search and seizure) 2. Arrest 3. Interrogation Police, Courts, and Due Process

11. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 11 Define “Landmark Case”

12. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 12  Landmark cases clarify the “rules of the game” —the procedural guidelines by which the police and the rest of the justice system must abide.  The Court addresses only real cases and does so on a writ of certiorari.

13. Search and Seizure and the 4 th Amendment CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 13 “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

14. Search and Seizure and the 4 th Amendment CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 14 The Fourth Amendment protects one’s privacy from unreasonable searches and seizures.

15. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 15 Weeks v. U.S. (1914) established the exclusionary rule.  Illegally seized evidence cannot be used in a trial.  This rule acts as a control over police behavior.  The decision was only binding to federal officers. Mapp v. Ohio (1961) extended the rule to the states.  The 14th Amendment due process applies to local police, not just federal officers. Landmark Cases:

16. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 16  Because illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal seizure. Silverthorne Lumber Co. v. U.S. (1918) Fruits of the Poisonous Tree

17. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 17  The Fourth Amendment protects against unreasonable searches, but it protects people, not places.  A limited area search following arrest may be acceptable. Search Incident to Arrest U.S. v. Rabinowitz (1950)

18. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 18 Clarified the scope of a search incident to an arrest. Officers may search:  The arrested person  The area under the arrested person’s “immediate control” Officers can search for following reasons:  To protect themselves  To prevent destruction of evidence  To keep defendant from escaping Search Incident to Arrest Chimel v. U.S. (1969)

19. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 19  Good faith  Computer/Clerical Error  Plain View Doctrine  Exigent circumstance Exceptions to the Exclusionary Rule

20. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 20 Use of Force Define “Acceptable use of force”.

21. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 21 Use of Force Define “Acceptable use of force” In 2001, the International Association of Chiefs of Police (IACP) defined the use of force as: “the amount of effort required by police to compel compliance by an unwilling subject.“ Attempting to restrain a suspect requires most police officers to use some kind of physical force. Most officers have five options available in exercising force: physical (with some part of the officer's body), chemical (pepper spray, but not mace), electronic (taser), impact (night stick) and firearm (Safrath, B. 2008) http://www.ehow.com/about_5477305_unlawful-use-force.html

22. Tennessee v Garner Original incident occurred in 1974 Suspect broke into a house (felony). Stole property from the house. Refused to stop when confronted by police. Was shot an killed and he ran from responding officers. Officer was “reasonably sure” the suspect was unarmed. Shooting a fleeing felon was allowed at that time if all other means of arrest failed. Father of the suspect sued the city (Memphis) for wrongful death. Federal Appeals Court sided with the Memphis PD and ruled the use of force was justified by police. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 22

23. Tennessee v. Garner Part II In 1985 (11 years later) the case was reviewed by the US Supreme Court. They ruled the shooting of the suspect was a “seizure” under the 4 th Amendment. The suspect was only 14 years old. He stole $10 dollars and a purse. Tennessee Law did not properly define serious felony. The Court ruled in favor of the father that the Tennessee law was unconstitutional. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 23

24. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 24 Define “Arrest”

25. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 25 An arrest occurs when a law enforcement officer restricts a person’s freedom to leave. It is: The act of taking an adult or juvenile into custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of a specific offense.

26. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 26 The basic minimum element for an arrest under any circumstance is probable cause.

27. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 27 U.S. v. Mendenhall (1980) U.S. Supreme Court said: “A person has been ‘seized’ within the meaning of the Fourth Amendment only if in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” “Free-to-Leave” Test

28. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 28 Police Interrogation An interrogation refers to the information-gathering activity of police officers that involves the direct questioning of suspects. During an interrogation, there must be no:  Physical abuse  Inherent coercion  Psychological manipulation

29. Who am I? CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 29

30. Who am I? CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 30 Ernesto Arturo Miranda aka: Mr. Miranda Warning

31. His Crimes? CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 31 Kidnapping, Rape, and Armed Robbery

32. His Death CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 32 Miranda was stabbed to death in a bar fight in Arizona in 1976. The suspect exercised his Miranda Rights and refused to make any statements. No one was ever convicted for his murder!

33. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 33 Miranda v. Arizona (1966) “The entire aura and atmosphere of police interrogation, without notification of rights and an offer of assistance of counsel, tends to subjugate the individual to the will of his examiner.” Prior to custodial interrogation, a person must be informed of his or her rights (Miranda triggers). The Right to a Lawyer at Interrogation

34. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 34 The Miranda Warnings 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to talk to a lawyer and to have a lawyer present while you are being questioned. 4. If you want a lawyer before or during questioning but cannot afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning. 5. If you answer questions now without a lawyer here, you still have the right to stop answering questions at any time.

35. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 35 A waiver of Miranda rights can be done if such a waiver is voluntary, knowing, and intelligent. Silence is not a waiver. Waiver of Miranda Rights