Intro to cj ch 6 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 6: Oversight and Professionalism of Law Enforcement



6.1

6.2

6.3

6.4

Explain the importance of police professionalism and integrity and the means used to promote

professionalism and integrity.

Summarize the legal restraints placed on law enforcement and the procedures that law enforcement

must follow for searches, seizures, lineups, and arrests.

Summarize the legal aspects of police interrogations and the Miranda decision.

Explain the issues of law enforcement misconduct and use of force.

Summarize the legal aspects of intelligence-gathering and the war on terrorism.6.5

CHAPTER OUTCOMES



6.1Explain the importance of police professionalism and integrity and the means used to promote professionalism and integrity.

Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes



Professionalism and Integrity6.1

• For the majority of the first half of the twentieth century, most people viewed law enforcement officers as employees trained to provide competent services.

• Contemporary law enforcement sees itself as a professional occupation and its law enforcement officers as professionals. Each agency has policies that define professional standards of behavior.



Professionalism and Integrity6.1

Nationally, law enforcement acknowledges the Law Enforcement Code of Ethics, as publicized by the International Association of Chiefs of Police, as a standard of behavior to which all officers should aspire.



Internal Procedures and Personnel6.1

Three internal strategies used by law enforcement for detecting, correcting, and disciplining unprofessional behavior:




•Law enforcement agencies have formalized comprehensive policies and procedures that prescribe the standards of professional conduct and the discipline for violation of these standards.

•These policies and procedures are called the standard operating procedures (SOP) manual.

•Most departments have procedures whereby citizens may lodge complaints of criminal, abusive, or unprofessional behavior.




•A citizen complaint board is a citizen review board that hears alleged complaints of police misconduct. •An office that conducts investigations of criminal, abusive, or unprofessional behavior by law enforcement officers within the department is known as an Internal Affairs Unit or Office of Internal Affairs.



6.2

Summarize the legal restraints placed on law enforcement and the procedures that law enforcement must follow for searches, seizures, lineups, and arrests.




External Oversight of the Police6.2

In addition to self-regulation, law enforcement is subject to external oversight. The most significant sources of external oversight are laws and judicial decisions, especially U.S. Supreme Court decisions.

•Laws provide direct oversight of law enforcement because it prohibits specific behaviors and requires certain behaviors.

•Judicial decisions provide indirect oversight of law enforcement.

•Procedural law is a body of laws for how things should be done at each stage of the criminal justice process.



Rules of Evidence6.2

Rulesof

Evi-dence

The Exclusionary Rule

Fruit of the Poisonous

Tree

Mapp. v. Ohio




• The police have the primary responsibility for detecting and investigating crime, gathering evidence to present in court, and arresting suspects.

• Rules of evidence stipulate the requirements for introducing evidence and define the qualifications of an expert witness and the nature of the testimony he or she may give.

• If evidence is not collected properly, it can be declared inadmissible, in which case it cannot be used against a defendant.




• Evidence can be declared inadmissible under the exclusionary rule, which prohibits the use of evidence or testimony obtained in violation of civil liberties and rights protected by the U.S. Constitution

Mapp v. Ohio was the first case in which the U.S. Supreme Court applied the exclusionary rule to state courts.




• Fruit of the poisoned tree doctrine is a rule of evidence that extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search, established in Silverthorne Lumber Co. v. United States (1918) and in Wolf v. Colorado (1949)



Search and Seizure6.2

4th Amendment4th Amendment



Search of Persons

Search of Persons

Search and Seizure6.2

Search of

Automobiles

Search of

Automobiles

Consent to SearchConsent

to SearchPlain View

Searches

Plain View

Searches

Search Incident

toLawfulArrest

Search Incident

toLawfulArrest

4th Amend. Right to Privacy

4th Amend. Right to Privacy

Constitutional Protections



Automobile Searches6.2

According to the Carroll doctrine, evidence obtained in the search of an automobile without a warrant is admissible in criminal court if both of the following take place:

1. A police officer has probable cause to believe that a crime has occurred

2. The circumstances are such that a delay in searching the automobile would result in loss of the evidence



Automobile Searches6.2

•Trained drug-sniffing dogs can sniff a car as long as the stop was legal and the search does not unreasonably prolong the stop.

•Any evidence obtained during an inventory of the contents of a lawfully impounded vehicle is admissible in criminal court.



Exceptions to the Warrant Requirement6.2

Border SearchesBorder Searches

Search of Subway

Passengers

Search of Subway

Passengers

Search of Airline

and Bus Passenger

s

Search of Airline

and Bus Passenger

s

Public Safety

Exception

Public Safety

Exception

School SearchesSchool Searches Good FaithExceptionGood FaithException



The Good Faith Exception6.2

An exception to the requirement that policemust have a valid search warrant or probable cause when they act in good faith on the belief that the search was legal



Issues of Privacy6.2

WiretappingWiretappingElectronic

Communication

ElectronicCommunicati

on

HomelandSecurity

HomelandSecurity

Incarceration

Incarceration

A form of search

and seizure of evidence involving

communication by telephone.

Must have consent,

probable cause, or a warrant.

Law enforcementofficers generally

must satisfy stringent

requirements before they can

obtain information transmitted

electronically or stored in computer

databanks, such as stored e-mails.

The USA PATRIOT Act, presidential executive

orders, and other legislation

have significantly

altered the limits of the power of

law enforcement to perform searches.

Once incarcerated in a correctional institution, the inmate loses

all expectation of privacy and

can be searched.



Initiating a Lawful Arrest6.2

Arrest Warrant Issued by the Court

An Observed Violation

of the Law

Exigent Circumstanc

es

Probable Cause



6.3Summarize the legal aspects of police interrogations and the Miranda decision.




Protection from Interrogations and Confessions6.3

FifthAmendment

SixthAmendment



Knowingly

Voluntarily

Waiver of Miranda6.3

Valid Waiver

ofMiranda

Valid Waiver

ofMiranda

To be admissible, a confession must be given knowingly and voluntarily, it cannot be obtained as a result of threat or pain, and the suspect must be informed of his or her rights.



The Right to an Attorney6.3

• Because of concern that the rights of a suspect protect him or her from self-incrimination , the court has required that the suspect is entitled to have an attorney present when he or she is interrogated by the police, as well as in court.

• The right to have the benefit of an attorney when accused of criminal charges was established in the landmark case of Gideon v. Wainwright. If a person cannot afford an attorney, the duty of the state is to provide legal counsel.

• Indigent defense is the right to have an attorney provided free of charge by the state if a defendant cannot afford one.



Miranda Rights6.3

• The suspect must be warned prior to any questioning that he or she has the right to remain silent.

• Any statements made by the person can be used in a court of law.

• The suspect has the right to the presence of an attorney.

• If the person cannot afford an attorney, one will be appointed prior to any questioning.

Opportunity to exercise these rights must be afforded to the suspect throughout the interrogation. After such warnings have been given, a person may knowingly and intelligently waive these rights and agree to answer questions or make a statement.



Police Lineups6.3

• The Fifth Amendment also protects the rights of suspects in participating in a police lineup.

• In a police lineup, a victim or witness is given an opportunity to identify a suspected perpetrator from among a number of suspects.



Police Lineups6.3

Lineups must be fair, however, and must meet the following requirements:

• Suspects have the right to have an attorney present.

• A lineup must include suspects who are similar and match the description given by the witness.

• A lineup must include actual suspects and not police personnel masquerading as suspects.

• A lineup must include people who are known to the police not to be capable of being the offender. The inclusion of these people acts as a check on the witnesses' credibility.



6.4Explain the issues of law enforcement misconduct and use of force.




Law Enforcement Misconduct6.4

High-SpeedVehiclePursuits

High-SpeedVehiclePursuits

Racial ProfilingRacial

Profiling

Corruption and

Criminal Behavior

Corruption and

Criminal Behavior

Use of ForceUse of Force

EntrapmentEntrapment



Two Types of Force6.4

Deadly Force

The use of force that is likely to cause death or serious

injury

Non-Deadly Force

Use of less than deadly force



Use of Force by Police6.4

Fleeing-felon doctrine - The police practice of using deadly force against a fleeing suspect, except when there is clear and present danger to the public

•Made illegal in Tennessee v. Garner (1985)

•Although there are legitimate arguments to support the prohibition and sanction of the use of deadly force in this case, the present legal position is that when there is a clear and present danger to the public posed by the escape of the person, deadly force may be justifiable.



Use of Force Continuum6.4



Misconduct and Law Enforcement6.4

• Misconduct has been a constant problem for U.S. law enforcement throughout its history.

• Law enforcement misconduct can range from minor transgressions such as accepting gratuities and free meals contrary to department policies to more serious offenses of accepting bribes and committing crimes.



Misconduct and Law Enforcement6.4

Grass-eaters

Officers who engage in minor illegitimate activities, much of

which is accepted as "acceptable

behavior" by fellow officers

Meat eaters

Officers who engage in serious criminal conduct, corruption, and

illicit money-making

opportunities

vs.

The Knapp Commission divided misconduct into two categories:



Entrapment6.4

Law enforcement often uses tactics in which they pose as providers or buyers of illegal substances or goods.

•These operations are commonly called stings when law enforcement poses as buyers of illegal substances or goods and reverse stings when they pose as providers of illegal substances, goods, or services.

•Entrapment is the illegal arrest of a person based on criminal behavior for which the police provided both the motivation and the means.

•The U.S. Supreme Court has required that a criminal conviction cannot be contingent on entrapment.



Remedies Against Misconduct6.4

Actual Damages

Losses or harm that can be documented and on which a monetary value

can be placed

Punitive Damages

Claims for a monetary award to punish the

defendant for his or her misconduct



6.5Summarize the legal aspects of intelligence-gathering and the war on terrorism.




Intelligence-Gathering6.5

During the 1950s, 1960s, and early 1970s, many police departments, especially large departments, engaged in active intelligence-gathering.

The following were primary targets for police intelligence units during these decades:

• Suspected members of the Communist Party, defined as a danger to the United States

• People engaged in or suspected of engaging in protests against U.S. involvement in the Vietnam War

• Service -focused people engaged in civil rights protests



The War on Terrorism6.5

• Attitudes toward law enforcement intelligence changed again dramatically on September 11, 2001.

• The USA PATRIOT Act has greatly enhanced the intelligence-gathering authority of the FBI and federal law enforcement agencies; its goal is to prevent another attack similar to the one on September 11, 2001.



The War on Terrorism6.5

The material witness law, enacted in 1984, allows federal authorities to hold a person indefinitely without charging him or her with a crime if they suspect the person has information about a crime and might flee or be unwilling to cooperate with law enforcement officials.



Interrogations and the War on Terrorism6.5

Enhanced InterrogationsInterrogation methods

that allow for the use of pain, threats, and waterboarding to

extract information from a subject

Waterboarding

An interrogation technique in which a

large volumeof water is poured over

a bound person to simulate the sensation

of drowning



Police professionalism is an important hallmark to ensure competent services, while balancing crime-

fighting and due process rights. Three strategies are used to maintain integrity within a police

department: (1) a rigorous selection process in hiring new officers, (2) formalized policies and procedures, and (3) a procedure for investigating allegations of misbehavior should a citizen complaint be alleged.

An external oversight of police powers is the courts, especially the U.S. Supreme Court. Courts can

prohibit and require certain behaviors of police in their gathering and presentation of evidence for a

trial. The rules of evidence require that police officers must collect evidence properly; otherwise, it can be

declared inadmissible in court.

6.1

6.2

CHAPTER SUMMARY



To be admissible in court, a suspect's confession must be obtained properly. Moreover, a confession must be given knowingly and voluntarily. When suspects are held in custody and subject to interrogation, they

must be advised of their Miranda rights before questioning begins.

6.3

CHAPTER SUMMARY

A threat of death or serious bodily injury must be present to justify the use of force, including deadly force in the apprehension or arrest of a suspect. An officer should use the appropriate level of force that

matches the threat or resistance encountered. Another area of concern in police practices is police

misconduct. Law enforcement misconductcan range from minor offenses such as accepting

gratuities to more serious violations such as accepting bribes.

6.4



Since the attacks of September 11, 2001, new legislation has enhanced the intelligence-gathering capacity of the FBI. The material witness law allows

federal authorities to hold a person indefinitely without charging him or her with a crime and subject them to interrogations involving waterboarding and

other torture to gather intelligence or obtain confessions.

6.5

CHAPTER SUMMARY