CJ211: U NIT 6 The Constitution and Ethics

W ELCOME B ACK Welcome back from Midterm Any questions about anything before we begin? Last half of the term Missing Assignments Seminar: The Constitution and Ethics -Application of the Miranda Warnings -Excessive Use of Force and the 8 th Amendment -4 th, 5 th, 6 th, and Amendments -other

WHAT DOES THE RULE OF LAW MEAN TO YOU?

R ULE OF L AW ‘The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members.’ “It is generally applicable legal principles establishing a standard of conduct” Three constitutional amendments that regulate the police and prevent abuse of power; Fourth, Fifth, and Sixth Amendments. First Ten Amendments

W HAT IS THE F OURTH A MENDMENT ?

F OURTH A MENDMENT (probable cause, exclusionary rule, arrest, search and seizure, electronic surveillance, and lineups) “The rights of the people to be secure in their persons, papers, and effects against unreasonable searched 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 searched.” Search and seizure

W HAT IS THE F IFTH A MENDMENT ?

F IFTH A MENDMENT “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 in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in an 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.” (confessions, interrogations, and entrapment) Entrapment- “The police may not induce or encourage a person to commit a crime that he or she would otherwise not have attempted.” p. 243

W HAT IS THE S IXTH A MENDMENT ?

S IXTH A MENDMENT That amendment to the Constitution providing for the right to a speedy trial, an impartial jury, the right to confront witnesses against one’s self, the provision for compulsory process to obtain witnesses, and the assistance of counsel. (right to counsel and interrogation)

W HAT DOES THE M IRANDA MEAN TO YOU ?

M IRANDA Custody and questioning/interrogation Warning: -the right to remain silent – Statements made may be used against him or her at trial – The suspect has the right to an attorney during questioning – If he or she cannot afford an attorney, one will be appointed prior to any questioning, if he or she desires – Note: Failure to administer the warnings can lead to suppression of all evidence obtained during the interrogation or interview. – Card, form, witnesses, recorded, other

P ROBABLE C AUSE AND THE E XCLUSIONARY R ULE Reasonable grounds to support a belief in a reasonable person of average intelligence that the accused was responsible for the crime in question *”Probable cause exists where known facts and circumstances that are reasonably trustworthy are sufficient to justify a person of reasonable prudence in his or her belief that a crime is either in process or has already occurred.” Exclusionary Rule- a court rule holding that evidence obtained in violation of the protections granted by the United States Constitution becomes tainted and thus inadmissible at trial. Pages

W HAT IS THE E IGHTH A MENDMENT ?

E IGHTH A MENDMENT This amendment prohibits excessive bail, fines, and cruel and unusual punishment. Police Ethics Exhibit 9-2, p257, Law Enforcement Code of Ethics Use of Force (Policy)

E IGHTH A MENDMENT Use of Force Continuums Figure 9-1, p259 Figure 9-2, p260, Circular Use-of-Force Continuum Excessive Force Corruption Disciplinary Policy

P UBLICATIONS : U PDATES, R EVIEW, AND R EAD FBI Law Enforcement Bulletin The Police Chief Magazine Criminal Law Reporter U.S. Law Week Supreme Court Bulletin Other Justice Information Center

W RAP U P It is that time again, thanks for attending, participating, and staying focused Reminder missing assignments Unit 6- seminar, discussion, quiz Need anything this week let me know I will stay online to answer any questions Have a good week and welcome back