Term
| What are the 4 legal systems that govern most of the world's population? |
|
Definition
| Roman-Germanic( Civil Law) , Islamic( Muslim Religious Law) , Customary/Tribal Law, and Common law. |
|
|
Term
| Who is credited with establishing the system of common law ? |
|
Definition
|
|
Term
| What was Alfred's book of laws titled "Dooms" a blend of ? |
|
Definition
| Mosaic Code, Old Germanic customs, and Christian principles. |
|
|
Term
| What is the name of the court systems that local lords still maintained ? |
|
Definition
|
|
Term
| What was the name of Alfred's book of laws ? |
|
Definition
|
|
Term
| Who created a court system to administer the "Kings Law" as a law common to all of England ? |
|
Definition
|
|
Term
| What were the names of the courts under Williams' "King Laws" ? |
|
Definition
|
|
Term
| Who brought England's system of "common law" to America? |
|
Definition
|
|
Term
| What was the revolutionary war an reaction to ? |
|
Definition
| English common law tradition in which the king's reps occasionally found british interests to dominate colonial interests. |
|
|
Term
| The most distinguished feature of Common Law is the use of what ? |
|
Definition
|
|
Term
| The process of making law in novel situations remains a job for who ? |
|
Definition
|
|
Term
| Once a court faced a given set of facts and interpreted the law , its new decision became law and would be followed under similar circumstances in future cases deals with..? |
|
Definition
|
|
Term
| Under precedent , the court will not change the interpretation of the law once established unless..? |
|
Definition
| Unless the previous decision can be shown to be in error. |
|
|
Term
| What are the principal tasks of the court in the cases that follow any initial decisions ? |
|
Definition
| 1) to determine if the previous decisions were the right ones , and 2) if so, follow it. |
|
|
Term
| What is considered as a "work-saving" principle ? |
|
Definition
|
|
Term
| In bureaucracies , acting on precedents is the rule of the day. They call precedents SOP's which stand for what ? |
|
Definition
| Standard operating procedures |
|
|
Term
| What is the one advantage of the use of precedents in a legal system ? |
|
Definition
| that the rationale is a little less obscure. ( basically gives them a sense of certainty). |
|
|
Term
| In our legal system , the following of precedent in "similar" cases is called ? |
|
Definition
| the doctrine of "STARE DECISIS". ( which means let the prior decision stand.) |
|
|
Term
| How might we know if the outcomes of two cases are "just" ? |
|
Definition
| If the same decision is rendered in objectively similar cases. |
|
|
Term
| What would be an "unjust" result in deciding two cases according to precedent ? |
|
Definition
| If the same decision is rendered in objectively different cases ( which might happen if the key difference is not recognized. ) |
|
|
Term
| What are the two views of how precedents might be used ? |
|
Definition
| The Orthodox/Strict View and The Loose View. |
|
|
Term
| What is " The Orthodox/Strict View" of using precedents ? |
|
Definition
| No judge can decide a case that is not before ( in front of ) him/her. To "distinguish" , which means to ignore unfavorable precedents . |
|
|
Term
| In the orthodox/strict view of precedents , what does "distinguish" mean ? |
|
Definition
| To ignore unfavorable precedents. |
|
|
Term
| What is " The Loose view" in terms of using precedents ? |
|
Definition
| The prior decision is all inclusive. "Capitalize" , which means to incorporate friendly precedents. |
|
|
Term
| What does the term "Capitalize" mean , in terms of the Loose view of precedents ? |
|
Definition
| To incorporate friendly precedents. |
|
|
Term
| Which view of precedent/term does this scenario follow ? Case A establishes a legal rule. Case B with "similar" facts . Case A is ignored and a new rule announced to apply to Case B. |
|
Definition
| Distinguished !!! The Orthodox/Strict view |
|
|
Term
| Which view of precedent/term does this scenario follow ? Case A establishes a legal rule. Case B with "dissimilar" facts . Case A is embraced and its rule applied to this new situation. |
|
Definition
| Capitalize !! The Loose View |
|
|
Term
| Who discussed precedent and broke it down into categories in their law book titled the Bramble Bush ? |
|
Definition
|
|
Term
| When can precedents be used by the attorneys strictly or loosely ? |
|
Definition
|
|
Term
| When you decide to use the precedent from another case to make a decision for another case then you are doing what ? |
|
Definition
| Capitalizing ( using the loose view) |
|
|
Term
| When you chose not to use the precedents of another case to decide the case in front of you, and instead establish a new rule, then you are doing what ? |
|
Definition
| Distinguishing !! Using the Orthodox/Strict view |
|
|
Term
| What are characteristics of the principle of "stare decisis" ? |
|
Definition
| Sounds good, makes for a logical model of decision making , but maybe not as realistic as it sounds. |
|
|
Term
| What are all of the determinants of judicial decision-making ? |
|
Definition
1.Law (Substantive)
2. Law (Procedural)
3.Facts
All 3 above are part of the Law school Model
4. Personality
5.Attitudes
6. Policy Goals.
( All 3 above are part of the Social science model)
7. Social background
8. Interpersonal Factors
9. Institutional Defense
10. Pressure From Other Actors
11. Public Opinion |
|
|
Term
| How did the judges respond to the Mexican-american man with the bad check and juvenile criminal record ? |
|
Definition
| 65% chose Jail and Probation |
|
|
Term
| Do judges see records differently ? Do they make different decisions despite seeing objectively similar circumstances ? |
|
Definition
|
|
Term
| What are the elements of Social Background ? |
|
Definition
| Family, education, experience, religion, age, gender, race, and income. |
|
|
Term
| Describe the setting/key players behind Walker v. Birmingham ? |
|
Definition
The setting: 1963 Birmingham, Alabama. Still a segregated community.
Key players: Rev. MLK, Rev. Wyatt Walker, and Rev. ralph Abernathy. ( all from Southern Christian Leadership Conference) ; Rev. Fred Shuttlesworth (Alabama Christian Movement for Human rights ); and Public Safety Commissioner "Bull" Conner ( Birmingham City). |
|
|
Term
| What sparked Walker v. Birmingham ? |
|
Definition
| The parade requests were denied by the City of Birmingham . Yet , the parades/marches were still held on Good Friday and easter sunday thatwere held by mlk and Abernathy , and then wyatt walker and Daniel king. There were arrests all around ! :( |
|
|
Term
| When does MlK pen his famous letter from the Birmingham jail and what was it about ? |
|
Definition
| During the following week after the parades/marches took place. The letter defends the strategy of nonviolent resistance to racism, arguing that people have a moral responsibility to break unjust laws. |
|
|
Term
| What does "ex parte" mean ? |
|
Definition
| with respect to or in the interests of one side only or of an interested outside party. |
|
|
Term
| What happened at the first trial for Walker vs. Birmingham on April 22, 1963 with Judge William Jenkins ? (Trial court decision ) |
|
Definition
| The demonstrators lost . Ordinance was not "invalid on its face", was not administered "a&c", and the temporary injunction was a valid exercise of the court's authority. Their penalty was $50 and 5 days in jail. |
|
|
Term
| What were the legal issues raised by the defendants ? ( at the first trial/trial court) |
|
Definition
1. the injunction ( ex parte) was invalid. 2. Conduct was protected by 1st and 4th amendments. 3. Case should be in Federal Courts , not state courts on 1st amendment grounds.
4. Demonstrators were "walks" not "parades". and 5. City parade ordinance was administered in an "arbitrary and capricious" manner. |
|
|
Term
| For Walker v. Birmingham, what happened at the second trial @ the State Supreme Court ? |
|
Definition
| They loss again. The conviction of the civil rights demonstartors was affirmed. Justice coleman was known to have "pen paralysis" aka "writers block", esp. when it came to civil rights issues. Decision announced December 9, 1965. |
|
|
Term
| What happened with Walker v. Birmingham @ the U.S. Supreme Court ? |
|
Definition
| The civil rights demonstrators lost again ! :( It was a 5-4 decision , though. |
|
|
Term
| What are the components of Interpersonal Factors in terms of judicial decision making ? |
|
Definition
| Persuasion , friendship, and leadership. |
|
|
Term
| Who was known as the "Minnesota Twins" ? |
|
Definition
| Warren Burger and Harry Blackmun. |
|
|
Term
| What are the components of Public Opinion in terms of judicial decision making ? |
|
Definition
| Reactions to public preferences , public preferences influence the Checks and Balances among the 3 branches of government. "A stitch In Time that saved nine" |
|
|
Term
| Which president attempted to "pack" the U.S. supreme court ? |
|
Definition
|
|
Term
| What was the Public Pressure behind FDR's plans to "pack" the Supreme Court ? |
|
Definition
| Opposition to changing the court , but ...New support for the New Deal from the public and from the court. |
|
|
Term
| What are the variety of ways in which the court has "impact" ? |
|
Definition
- In the narrowest sense, their decisions affect the two parties before them in individual cases.
- In a broader sense , court decisions (mostly appellate decisions) influence broad categories of similar litigants.
- They may also influence the operation of the government of which they are a part and the society in which they are imbedded. |
|
|
Term
| What is "judicial review" ? |
|
Definition
| the power of the court to decide if a law ( federal or state statute or regulation) is contrary to the constitution...and to OVERTURN it. |
|
|
Term
| What power of the court is not mentioned in the constitution ? |
|
Definition
|
|
Term
| What is seen as a means of empowering the court ? |
|
Definition
|
|
Term
| Which court case established judicial review ? |
|
Definition
| Marbury v. Madison (1803) |
|
|
Term
|
Definition
| The individual who lost his lower court case (demanding his midnight appointment by outgoing President Adams as a Washington DC JP) and appealed to the Supreme Court. |
|
|
Term
| Who was Madison in Marbury v. Madison ? |
|
Definition
| Secretary of State James Madison refused to deliver the appointment to Marbury ( at the order of new President Thomas Jefferson ) . |
|
|
Term
| What did Marbury want from the court ? |
|
Definition
| A "Writ of Mandamus". Mandamus is Latin for "we command" . The writ is a court order for the person to whom it is delivered to do something. Marbury wanted the court to order the Jefferson Administration to deliver his commission to be a JP. |
|
|
Term
| Who was chief justice John Marshall in Marbury v. Madison ? |
|
Definition
| The chief justice of the supreme court that decide the case. The USSC ruled that a section of the judiciary act of 1789 was illegal , i.e. unconstitutional. ( and hence the writ Marbury asked for could not be provided by the court. ) |
|
|
Term
| What was the long-term effect of Madison v. Marbury ? |
|
Definition
| Its long-term effect has been toallow the Court to have the final say in what the Constitution means ...."It is emphatically the province and duty of the judicial department to say what the law is"... |
|
|
Term
| What are the two different traditions in terms of judicial review ? |
|
Definition
| The conservative tradition, and the liberal tradition . |
|
|
Term
| What does the conservative tradition say in terms of judicial review ? |
|
Definition
| Courts should stand as a bulwark (a wall) to safeguard property rights ( privilege and preferred status). JUDICIAL REVIEW IS NECESSARY as a veto over legislative (i.e., popular)attempts to dominate government. ( wants to conquer legislatives ) |
|
|
Term
| What does the Liberal Tradition say in terms of judicial review ? |
|
Definition
| Courts should defend individual liberties and civil rights against government intrusion. JUDICIAL REVIEW IS NECESSARY to uphold civil liberties against the arbitrary and zealous acts of executive officials. ( wants to conquer executives ) |
|
|
Term
| The strong conservative, aristocratic orientation of the legal profession has resulted in courts doing what ? |
|
Definition
| Functioning much more in accord with the conservative tradition. |
|
|
Term
| Critics spend most of their time complaining not about judicial review, but about ..? |
|
Definition
| Activism ! They complain that the courts make too much public policy. |
|
|
Term
| What are judges limited by ? |
|
Definition
| the actions & preferences of many other political and governmental actors. Courts do not have the power to implement their decisions. The executive branch must enforce the Court's decisions . & Congress must fund the executive's activities. |
|
|
Term
| Under what conditions can a court have "impact" ? |
|
Definition
| United Court , Unambiguous opinion, knowledge of the court's decision must become widespread , legitimacy must not be questioned ( the court must be seen as the prosper institution to issue a decision.) , & the decision must be enforceable and enforced by those who have the power to do so. |
|
|
Term
| What were the lessons of the Bob White case ? ( black man falsely accused of raping a white woman in Texas, and then shot in court by her husband.) |
|
Definition
| The U.S. Supreme court may be the most important court in the land, but it doesn't have the ability to change the local courtroom. The Court's influence is a function of its perceived legitimacy and the willingness of the rest of government to enforce and defend its rulings. |
|
|
Term
| Can innocent people confess, and prosecutors abuse the system ? |
|
Definition
|
|
Term
| What was the law prior to Brown v. Board of Education ? |
|
Definition
| Plessy v. Ferguson (1986) , the doctrine of "Separate but Equal" . |
|
|
Term
| What are the details of Brown v. Board of Education ? |
|
Definition
| Thurgood marshall was the attorney. The decision was unanimous 9-0. ..." in the field of public education , the doctrine of separate but equal has no place. separate educational facilities are inherently unequal.". |
|
|
Term
| What happened in the second part of brown v . board of Education ? |
|
Definition
| These expectations were set out: -Lower federal courts were in the best position to ensure compliance. They would enter orders and decrees consistent with the opinion in Brown 1. These orders would be "necessary and proper" to establish racially non-discriminatory schools. This process must proceed "with all deliberate speed". |
|
|
Term
| What was the immediate response from southern schools in terms of when they would desegregate ? |
|
Definition
|
|
Term
| Although all citizens are granted equal rights, and the right to an attorney, what still happens ? |
|
Definition
| these rights are violated , because of poor defense systems that leave low-income people, including many people of color, without ADEQUATE representation. |
|
|
Term
| What does the 6th amendment to the constitution state ? |
|
Definition
| In all criminal procedures, the accused shall enjoy the right...to have the assistance of counsel for his defense. |
|
|
Term
| Who was Clarence Earl Gideon in Gideon v. Wainwright ? |
|
Definition
| the defendant; arrested for breaking and entering ( burglary for pool hall--bay harbor poolroom- and its vending machines.) Tried and convicted without an attorney , despite the fact that he requested one. |
|
|
Term
| What happened at Gideon's first trial ? |
|
Definition
| He looses , and doesn't have a lawyer. He is sentenced to 5 years in prison @ Raiford Prison. |
|
|
Term
| What happens with Gideon's case at the USSC ( U.S. Supreme Court) ? |
|
Definition
| The decision is unanimous 9-0 FOR GIDEON . Court opinion by Justice Hugo Black. Black stated , "When betts v. Brady was decided, I never thought it would be overturned." The judgment is reversed and the case remanded to the Supreme Court of Florida for action not inconsistent w/ this opinion. |
|
|
Term
| What happens at Gideon's second trial after the unanimous decision by the USSC ? |
|
Definition
| Gideon refuses to accept the help from ACLU volunteer attorneys. So, a local attorney defends him despite his demand to handle his own defense again lol. GIDEON WINS ! But, only because his local court appointed attorney figures out how the crime actually occurred. |
|
|
Term
| What was the impact of the Gideon v. Wainwright decision ? |
|
Definition
| It caused a lot of states to establish laws for public defenders for cases other than just capital punishment. |
|
|
Term
| What had the supreme court done 25 years prior to the Gideon case? |
|
Definition
| they had already indicated the right to an attorney in all federal cases , but congress did not provide funding for public defenders except in the late 1960's. ( this is - unfortunately another example of how the court has neither the power of the sword or the purse.) |
|
|
Term
| What were the important characteristics of the Gideon v. Wainwright decision ? |
|
Definition
| the message got out early to local elites who it directly affected. the message got out to the public a few years later , in the form of a Miranda warning . |
|
|
Term
| What was ruled in Halbert v. Michigan ? |
|
Definition
| the USSC rules that Michigan's denialof legal representation to the poor people is unconstitutional. |
|
|
Term
| Courts can have an impact on public policy , but ? |
|
Definition
| other institutions have to help, we have to listen, they have to speak clearly and precisely, we have to be willing to follow their guidance, and they have to not ask too much. |
|
|
Term
| What is the definition of crime ? |
|
Definition
| behaviors for which society provides formally sanctioned punishment. |
|
|
Term
| Who was responsible for the actual collection of crime data ? |
|
Definition
|
|
Term
| What is the name of the crime report system that was created by the FBI ? |
|
Definition
| The Uniform Crime Report System. ( UCR) |
|
|
Term
| What are the problems with the UCR? |
|
Definition
1.The original reports provided no details. All crimes were lumped together in a single number.
2.It provides no additional information about the crime.
3.It’s focus is on reportedcrime. (Why is this a problem?)
4.It requires both the local police and citizens to cooperate in providing accurate information.
5.It’s open to abuse. Agencies responsible for reducing crime have an incentive to misreport crime.
6.It is sensitive to reform “in the wrong direction”. (Better reporting increases the reported crime rate.)
7.It’s biased toward “blue collar” crime.
8.The base for evaluating crime is questionable. (NYC auto thefts –the crime rate is high if we’re calculating theft’s per car or low if we’re reporting thefts per person). |
|
|
Term
| we observe that , as the number of police increase...? |
|
Definition
| the number of reported crimes increases as well. |
|
|
Term
| What was one of the alternative measures of crime ? |
|
Definition
| The National Crime Victimization Survey. |
|
|
Term
| In the uCR program , when a law enforcement agency reports that an offense is "cleared by arrest", or solved for crime reporting purposes, what conditions have been met by at least one person ? |
|
Definition
| arrested, charged with the commission of the offense , turned over to the court for prosecution ( whether following arrest, court summons, or police notice.) |
|
|
Term
| What does "Cleared by Exceptional" mean ? |
|
Definition
In certain situations, elements beyond law enforcement’s control prevent the agency from arresting and formally charging the offender.
•When this occurs, the agency can clear the offense exceptionally. Law enforcement agencies must meet the specific conditions in order to clear an offense by exceptional means:
–Identified the offender.
–Gathered enough evidence to support an arrest, make a charge, and turn over the offender to the court for prosecution.
–Identified the offender’s exact location so that the suspect could be taken into custody immediately. |
|
|
Term
| what happens if they Encountered a circumstance outside the control of law enforcement that prohibits the agency from arresting, charging, and prosecuting the offender ? |
|
Definition
| They cannot "clear it exceptionally.". |
|
|
Term
| What are the different philosophical differences regarding crimes between conservatives and liberals ? |
|
Definition
Conservatives: •Society survives if/because individuals are self-restrained.
•Government’s role is to ensure self-restraint and deal with the lack of it.
•People are restrained or not as part of basic nature.
Liberals: •Society structures individual actions
•Discrimination, poverty, lack of opportunity lead to anti-social actions
•People can be re-shaped. |
|
|
Term
| What are the different policy recommendation in terms of Conservatives and Liberals ? |
|
Definition
Conservatives: •General
–Punishment (emphasis on certainty & severity)
•Specific
–Mandatory Prison Sentences
–Death Penalty
–Eliminate Miranda, Plea Bargaining, Insanity Defense, Exclusion Rule
Liberals: •General
–Rehabilitation, Social Change
•Specific
–Emphasize Probation and Parole
–Indeterminate Sentencing
–Education |
|
|
Term
| What's the name of the journal written by Henry Fielding that Leads efforts to educate the public about the crime problem ? |
|
Definition
|
|
Term
| What was the Weekly Pursuit published by Henry Fields ? |
|
Definition
| a 1 page flyer (precursor of the modern “Ten Most Wanted” List) |
|
|
Term
| What are the Two principal “police” institutions imported from home ? |
|
Definition
| the constable , and the night watch |
|
|
Term
| What di the constables do ? |
|
Definition
Chosen by the townspeople
Job -Suppress violations of community religious (moral) edicts, primarily victimless crimes. Keep drunks in line. Watch for gambling and prostitution. |
|
|
Term
| What do the "night watch" do ? |
|
Definition
A patrol of “volunteers” supervised by a Constable
Report drunks and single women out after dark.
Duty was avoided by paying others to take your shift. (precursor of the paid police force) |
|
|
Term
| During the American colonial period before there were paid police officers, what was the citizens' responsibilities ? |
|
Definition
citizens, regardless of their economic status, were responsible for the identification and pursuit of criminal offenders.
–Once a criminal was identified, it was the citizens’ responsibility to raise the “hue and cry” and to join the “posse” to track down the criminal.
–In those days, the penalties were severe so criminals had the incentive to run. |
|
|
Term
| What was considered to be the first "modern" police organizations in the country ? |
|
Definition
|
|
Term
| In terms of the first police departments, what was London ("The British Model")? |
|
Definition
Formed in 1829 under the command of Robert Peel.
•His officers were first called “Peelers” and later “Bobbies”, a derogatory term at first used by British citizens suspicious of this new police presence in their community. |
|
|
Term
| Who founded the Metropolitan Police Force ( MPF) that became a model for all British provincial police forces, and how did it help that individual? |
|
Definition
| Robert Peel founded the Metropolitan Police Force when he was Home Secretary in Lord Liverpool’s Cabinet. The success of the Metropolitan Police of London led to Peel’s eventual rise to Prime Minister of England in 1835. |
|
|
Term
| What was Robert Peels favorite saying about the police and the public ? |
|
Definition
| "The police are the public and the public are the police.” |
|
|
Term
| What are Peel's Principles ? |
|
Definition
1.The basic mission for which the police exist is to prevent crime and disorder.
2.The ability of the police to perform their duties is dependent upon the public approval of police actions.
3.Police must secure the willing co-operation of the public in voluntary observation of the law.
4.Police seek and preserve public favor not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law.
5.The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.
6.Police use physical force to the extent necessary to secure observance of the law or to restore order only when persuasion, advice, & warning is found to be insufficient. |
|
|
Term
| What important event happened in 1854? |
|
Definition
| Boston Police Department established, structured after the model developed by Sir Robert Peel. |
|
|
Term
| How did technology change police operations ? |
|
Definition
•The telegraph
•The telephone
•Walkie-talkies
•Cars
•Radio-cars (aka “Angels of Death”)
•Radar
•Computers
•Computers in cars
•Crime analysts
•New training techniques/Police academies
•New weaponry |
|
|
Term
| what does the 4th amendment state ? |
|
Definition
| 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. |
|
|
Term
| What does the 5th amendment state ? |
|
Definition
| No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except …; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
|
|
Term
| What does the 6th amendment state ? |
|
Definition
| In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. |
|
|
Term
| What is the summary of the 4th, 5th, and 6th amendments ..the "Key" Amendments? |
|
Definition
These central elements of the “Bill of Rights” derive from fears of the executive power (the abuses of the English Crown government).
•Citizens should be free from excessive government intrusion.
•Citizens and the Courts police the Police. |
|
|
Term
| What are The “common” exceptions to the need for a warrant? and what are the other exceptions ? |
|
Definition
•Consent
•Search pursuant to a lawful arrest
•Within plain view (“Open fields”)
•Hot Pursuit
•The Automobile exception
Other “exceptions”:
•Closely regulated industries
•Frisks
•Customs
•Immigration
•Private citizen intrusion |
|
|
Term
| What happened in Hudson v. Michigan(2006)? |
|
Definition
Detroit police officers had a warrant to search for drugs and firearms in the home of Booker Hudson. They called out their presence and, after three to five seconds, entered through an unlocked front door.
•Hudson’s lawyers tried unsuccessfully to suppress the evidence (rock cocaine) that police found and Hudson was subsequently convicted of drug possession. In his appeal, he argued that unless tainted evidence is suppressed, police will not be deterred from barging into homes without cause.
In making this argument, Hudson relied on a (Common Law) rule based on a centuries-old idea of home privacy and the Fourth Amendment protection against unreasonable searches.
•The prior rule required police to knock, announce themselves and wait a "reasonable" time, which justices noted can be about 20 seconds, before entering. The U.S. Supreme Court disagreed with Hudson’s argument.
•Their 5-4 decision found the “exclusionary rule” need not apply. Justice Scalia's majority opinion emphasized that tossing out evidence acquired in violation of the knock-and-announce rule —but with a valid warrant —could mean "releasing dangerous criminals.”:
"Resort to the massive remedy of suppression of evidence of guilt is unjustified.". In his dissent, Justice Stephen Breyer called the decision "doubly troubling”:
"It represents a significant departure from the court's precedents," he wrote. "It weakens, perhaps destroys, much of the practical value of the Constitution's knock-and-announce protection." |
|
|
Term
| What is Charles A. Reich:“Police Questioning of Law-Abiding Citizens” , and the solutions he provides ? |
|
Definition
The Debate
1.Police have a right to stop anyone vs. Citizens have a right not to be stopped.
2.What questions can police ask?
3.What questions must citizens answer?
4.What actions can the officer take if the citizen refuses to answer?
5.What can the citizen do in response to officer actions?
Reich’s Solutions:
1.Police must have a reason to believe an individual has committed a crime.
2.The officer must identify himself and explain why he stopped the citizen.
3.A person may be questioned but not required to answer.
4.A person may be asked for ID but not required to produce it.
5.The officer must treat the citizen as an equal.
6.The officer may search a citizen only if (a) he believes himself to be in danger or (b) he has “probable cause”
7.The officer may not detain a citizen who wishes to leave unless he has “probable cause” for arrest. |
|
|
Term
| What happened in Terry v. Ohio ? |
|
Definition
CPD Officer Martin McFadden (w 35 years of experience & in plainclothes) is in downtown Cleveland and observes 2 men (John Terry & Richard Chilton) who make 12 trips back and forth past a store window. In court he testifies: “They didn’t look right to me”.
•McFadden followed, stopped and patted down both suspects and a third person (Katz) they meet. He finds and removes guns as a result of the frisk. He then arrests the men for carrying illegally concealed weapons. The Ohio Trial Court says “NO, But…”
–No probable cause exists initially but the officer’s action to “stop and frisk” the suspects is necessary to protect the police officer. The Court insists that it is important to distinguish between a “frisk” and a full “search” and between a “stop” for investigatory purposes and an “arrest”
•The US Supreme Court takes the case on appeal to answer the question “Is stop & frisk a minor inconvenience which can be properly imposed on a citizen in the interests of effective law enforcement?”. CJ Earl Warren for the Court
–Decision for the police officer
–There must be a narrowly drawn authority to permit a reasonable search for a weapon for the protection of the police officer where he has reason to believe that he is dealing with an armed and dangerous individual regardless of whether he has probable cause to arrest the individual for a crime.
•Justice Douglas in dissent
–The constitutional requirement of “probable cause” is not the same thing as “reasonable suspicion”. The officer had no basis for believing Terry was carrying a concealed weapon. |
|
|
Term
| What happened in Brown v. Texas ? |
|
Definition
El Paso, Texas
•A patrol car containing officers Venegas & Sotelo pass 2 men walking in opposite directions.
•The officers stop one of the men (Brown) because
–“the situation looked suspicious”
–The citizen had not been seen in this area before
–The area was a high drug trafficking neighborhood
•Officers later admitted that
–They did not suspect specific misconduct
–They did not have any reason to believe the citizens was armed. The officers asked the suspect to identify himself and explain what he was doing in the neighborhood.
•The suspect refused and asserted that the officers had no right to stop him.
•Officers frisked the suspect and informed him it was a high crime area.
•After a 2ndrefusal to identify himself, the suspect was arrested under the Texas Penal Code that defined the refusal to give a name and address to a police officer who had lawfully stopped a citizen to be a criminal act. The US Supreme Court in an opinion authored by CJ Warren Burger again attempted to define reasonableness requirement of the 4thAmendment.
–The individuals right to personal security must be free from arbitrary interference by law officers.
–Seizures must be based on “specific objective facts”.* |
|
|
Term
| What happened in Hiibel v. 6th Judicial District Court ? |
|
Definition
Police officer arrived at the scene of Larry Hiibel’s truck parked at the side of a road in Nevada.
•The officer asks Hiibel for his ID.
•Hiibel refused, insisting he has done nothing wrong, and asks to be left alone.
•Ultimately Hiibel is arrested for failure ot identify himself to an officer conducting an investigation. Justice Kennedy writing for the Court:
“Obtaining a suspect’s name in the course of a Terry stop serves important government interests.”
•Justice Stevens in dissent insisted that Hiibel “acted well within his rights when he opted to stand mute”
•Criticism of the ruling.
–“The government can turn silence into a criminal offense.”
–“Ordinary Americans will be hopelessly confused about when they can assert their right to ‘remain silent’ without being jailed.” |
|
|
Term
| What do all of these cases (Terry v. Ohio, Brown v. Texas, Hiibel v. 6thJD) represent? |
|
Definition
Attempts by the court system to provide guidance to police as to what is appropriate behavior.
•Who polices the police? (Courts and citizens) |
|
|
Term
| What happened in Arizona v. Gant(2009) ? |
|
Definition
NY v. Belton clarified.
•Police can’t use traffic stops to search the car automatically. The “bright-line” is replaced by a more nuanced logic.
•Vehicle searches should be allowed only in two situations:
–when the person being arrested is close enough to the car to reach in, possibly to grab a weapon or tamper with evidence; or
–when the arresting officer reasonably believes that the car contains evidence pertinent to the very crime that prompted the arrest. |
|
|
Term
| What do we learn from Crime File? |
|
Definition
•Changes in the law/department policies matter.
–Restrictive policies reduce shootings
–Restrictive policies do not make officers less safe
•The context matters
–Minorities andpolice officers are shot more in high crime areas
–Minorities andpolice are hurt more when they are increasingly likely to be exposed to violence |
|
|
Term
| What is Tennessee v. Garner ? |
|
Definition
•A Tennessee statute provides that if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest."
•Acting under the authority of this statute, a Memphis police officer shot and killed Garner's son as, after being told to halt, the son fled over a fence at night in the backyard of a house he was suspected of burglarizing.
•The officer used deadly force despite being "reasonably sure" the suspect was unarmed and thinking that he was 17 or 18 years old and of slight build. The USSC Decision
•In March 1985, the US Supreme Court decides that more than half of all state laws governing the police use of deadly force are unconstitutionally permissive.
•A NEW minimum standard is established –police may not shoot at an unarmed fleeing felon:
“The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against…an apparently unarmed, nondangerous fleeing suspect; such force may not be used unlessnecessary to prevent the escape andthe officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”. |
|
|
Term
| What was Katz v. USA(Less Than Deadly Force) ? |
|
Definition
•This case arises out of Katz's arrest for his conduct during a speech given by Vice President Gore at the Presidio Army base in San Francisco in 1994. Katz, an animal rights activist, seeks damages from the police for violating his Fourth Amendment rights by using excessive force.
•9th Circuit ruling: Police do not automatically get immunity from prosecution simply because they are government employees if they behave unreasonably. |
|
|
Term
| What is The Houston Police Department’s policy regarding the use of firearms? |
|
Definition
The use of firearms is never to be considered routine, is permissible only in defense of life, and then only when all other means have been exhausted.
The Details
•Do not shoot unlessyour life or someone else’s is in immediate danger.
•Always use the minimumforce necessary to accomplish your mission.
•Do everything possible to de-escalatesituations. so that you do not have to resort to the use of firearms.
•If the suspects’ actions do not pose a threat of imminent death or serious bodily injury to persons other than themselves, do not discharge your firearms to achieve an arrest.
•Shoot onlyto protect life and neverto protect property.
•Assess the immediate danger posed by the suspect’s actionsrather than characterize the person as dangerous.
•Get out of the wayof vehicles rather than shoot at them.
•Never fire warning shots.
•Do not draw or displayyour firearm unless you have probable cause to believe that you will have to discharge it in order to protect life. |
|
|
Term
| What is The Denver PD Policy ? |
|
Definition
•A police officer may resort to the lawful use of firearms under the following conditions when he reasonably believes that it is necessary:
–To defend himself or a 3rdparty from deadly physical force
–To effect an arrest or prevent the escape of a person
•Who has committed or attempted to commit a felony involving a deadly weapon or
•Is attempting to escape by means of a deadly weapon or
•Who otherwise indicates except through motor vehicle violation that he is likely to endanger human life.
•It is necessary, “when feasible”, to give some warning before engaging in the use of deadly force. If possible identify yourself as a police officer, give the command you want followed and state your intention to shoot. •Officers will notdischarge their weapons under the following conditions:
–At another person unless the circumstances are such that the officer would be justified under the law if the shot killed the person.
–As a warning shot
–Firing at or from a moving vehicle
–Firing shots where there is a likelihood of serious injury to persons other than the individual to be apprehended. |
|
|
