Ch 13- Police and The Law

crime

any act that the government has declared to be contrary to the public good.

Two major methods of measuring crime...

UCR Uniform crime reports, and the National Crime Victimization Survey

UCR (Uniform Crime Reports)

yearly collection of aggregate crime statistics prepared by the FBI based upon citizen's reports of crimes to the police.

National Crime Victimization Survey

National institute of justice survey of a random sample of US households, asking them if a crime was committed against anyone in the household during the prior six months.

For the latest reporting year, the US police made about _______ arrests for all criminal infractions

13.7 million

Without a _____ there is no crime

law

malum in se

crime that is "wrong in itself

malum prohibition

crime that is prohibited by statute

The US criminal justice system is based on the ....

Bill of Rights

The bill of rights is extended to...

the States

The due process clause

section of the fourteenth that protects all citizens of the US against any state depriving them of life, liberty, or property.

Judicial review

process by which actions of the police in areas such as arrests, search and seizure, and custodial interrogations are reviewed by the court system to ensure their constitutionality.

Exclusionary Rule

An interpretation of the US Constitution by the US Supreme court that holds that evidence seized in violation of the US Constitution cannot be used in court against a defendant.

Weeks v United States

FIRST CASE THE EXCLUSIONARY RULE WAS USED.
Freemont Weeks was arrested for conducting lottery out of his home. Evidence seized had him charged, but was overturned due to exclusionary rule.

Rochin v California

Rochin selling narcotics, has home entered without warrant. Swallowed pills, forced to go to hospital.

Mapp vs Ohio

Accused of bombing boxing promoters house, police forcibly entered home without warrant.

WOLF VS COLORADO

another case that involved exclusionary rule. Wolf accused of illegal abortionism, has book seized without warrant.

arrest-

the initial taking into custody of a person by law enforcement authorities to answer for a criminal offense or violation of a code or ordinance.

arrest is restricted by the___________

fifth amendment

probable cause

evidence that may lead a reasonable person to believe that a crime has been committed and that a certain person committed it.

reasonable suspicion

the standard of proof that is necessary for police officers to conduct stops and frisks.

probable cause is more than______

reasonable suspicion

Henry v United States

set the precedent that an arrest must be made on firmer grounds than mere suspicion, and that the 4th amendment applies to searches and seizes.

County of Riverside v McLaughlin

48 hour rule

Maryland v Pringle

probable cause case, involving cocaine and several people in a car.

Reasonable force

the amount of force an officer can use when making an arrest

Landmark US Supreme Court case relative to the use of deadly force by the police is

Tennessee vs Garner (1985)

Scott vs Harris

does not violate the 4th amendment

search and seizure

legal concept relating to the search for and confiscation of evidence by the police.

Canine sniffs...

are not controlled by the 4th amendment. created probable cause.

exigent circumstances

one of the major exceptions to the warrant requirement of the fourth amendment. Exigency defined as "emergency

the third degree

the pattern of brutality and violence used by the police to obtain confessions by suspects.

In Brown vs Mississippi ...

the supreme court put an end to the third degree.

Miranda vs Arizona

established citizens in custody must be read rights. (miranda rule)

habeas corpus

a writ requiring that an arrested person be brought before a court to determine whether he or she has been legally detained.

Lineup

police id procedure involving placing suspect with group of similar characteristics.

showup

id process involving bringing a suspect back to the scene of a crime where the suspect can be seen.

photo arrays

police id procedure where photos are shown.