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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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Internal Procedures and Personnel6.1
Three internal strategies used by law enforcement for detecting, correcting, and disciplining unprofessional behavior:
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Internal Procedures and Personnel6.1
•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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Internal Procedures and Personnel6.1
•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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
6.2
Summarize the legal restraints placed on law enforcement and the procedures that law enforcement must follow for searches, seizures, lineups, and arrests.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Rules of Evidence6.2
Rulesof
Evi-dence
The Exclusionary Rule
Fruit of the Poisonous
Tree
Mapp. v. Ohio
CJ2015James A. Fagin
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Rules of Evidence6.2
• 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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Rules of Evidence6.2
• 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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Rules of Evidence6.2
• 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)
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Search and Seizure6.2
4th Amendment4th Amendment
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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
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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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
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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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Initiating a Lawful Arrest6.2
Arrest Warrant Issued by the Court
An Observed Violation
of the Law
Exigent Circumstanc
es
Probable Cause
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
6.3Summarize the legal aspects of police interrogations and the Miranda decision.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Protection from Interrogations and Confessions6.3
FifthAmendment
SixthAmendment
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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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
6.4Explain the issues of law enforcement misconduct and use of force.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
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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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
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Use of Force Continuum6.4
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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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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:
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
6.5Summarize the legal aspects of intelligence-gathering and the war on terrorism.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
CJ2015James A. Fagin
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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