chapter 3 law enforcement and the law. juvenile justice today gennaro f. vito and julie kunselman ©...

Chapter 3

Law Enforcemen

t and the Law

Juvenile Justice TodayGennaro F. Vito and Julie Kunselman

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

All Rights Reserved.2

Introduction

Criminal Law

Constitutional Law

Bill Of Rights

Civil Law




Police Responsibility Liability

Special relationship

Reasonable expectation of protection

Police frontline agents of the law First interpreters of crime

Accord suspects civil rights and liberties




Order of Authority

Checks and Balances

Legislative – Makes the law

Executive – Enforces the law

Judicial – Interprets the law




Law Enforcementand Constitutional Law

Seven Articles and 26 Amendments

Power of Judicial Review

Central goal is to protect civil rights

and liberties of U.S. citizens




First Amendment

Freedom of Religion

Freedom of Peaceable Assembly

Freedom of Petition

Freedom of Speech

Freedom of the Press




Second Amendment

Right “to keep and bear arms”

Originally armed militia

Massachusetts Bartley-Fox

Laws

Project Exile




Fourth Amendment

Restrictions on “unreasonable

search and seizures”

Requirements for “probable

cause”

Police need warrants based on

probable cause




Fourth Amendment Stop and Frisk

Reasonable Suspicion

Wiretapping and Electronic

Surveillance

Exclusionary Rule

Privacy and the Internet




Fourth AmendmentPrivacy and the Internet

Child pornography investigations

Legal implications of cyber crime Anonymity of the Internet

Jurisdictional problems

Little hard evidence




Fifth Amendment

Due Process

Substantive

Procedural

Double Jeopardy

Self-Incrimination




Sixth Amendment

Right to a speedy trial

Trial by jury

Public trial

Right to confront witnesses

Right to counsel




Eighth Amendment

Bail

Cannot be excessive

No absolute right to bail

Cruel and Unusual Punishment




Tenth Amendment

Transference of remaining powers to

states

Law enforcement derives much

power from recognition of state

sovereignty




Fourteenth Amendment

Equal Protection Clause

Federal rights and protections

extended to states




Law Enforcement and Criminal Law

Crime a violation of statutory law

Statutory laws form penal codes

Substantive Law

Procedural Law

Case Law or Stare Decisis




Classification of Criminal Laws

Felonies

Misdemeanors

Violations




The Components of Crime

Actus Reus

Mens Rea Intention

Motive

Corpus Delicti




The Components of Crime (con’t.)

Concurrence

Causation of harm

Defenses




Law Enforcement and Civil Law Torts vs. crimes

Restitution vs. punishment

Preponderance of evidence vs.

beyond a reasonable doubt

Nolo Contendere




Mechanisms for Civil Liability and Law Enforcement

Civil Rights Act (section 1983)

Plaintiff deprived of civil right

can file suit for redress




Civil Liability and Law Enforcement

Intentional wrongs

Negligent wrongs




Damages Awarded for Torts and Individual Officer Responsibility

Damages Nominal

Actual

Punitive

Liabilities Civil

Criminal

Administrative

Good Faith Immunity




ReflectionsOn Chapter Three

1. How would policing be different if we didn’t have the Bill of Rights?

2. Offer an example of how a person could be tried in both criminal and civil courts.

3. Why isn’t police use of force cruel and unusual punishment under the Eighth Amendment?

4. Why is it necessary to classify criminal laws?5. In what type of case might a civil suit be more

appropriate than a criminal charge?

6. Should individual officers be held civilly accountable for their actions or their departments? Explain.

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