lesson 2 legal aspects of safety and security. criminal law 0 crime is an offense against society 0...

Lesson 2 Legal Aspects of Safety and Security

Criminal Law 0 Crime is an offense against society 0 If a person violates a state criminal law, the offense is committed against the citizens of that state regardless who the specific victim is 0 If a person violates a federal criminal code, the offense is committed against all of the citizens of the United States 0 Crime is an intentional act or omission to act in violation of the criminal law (penal code) committed without defense of justification and sanctioned (punished) by society (government) as a felony or misdemeanor 0 Essential elements of the crime include criminal intent, an act, or, in some cases, omission to act, and a casual connection between the intent and the act itself

Criminal Law 0 Types of intent 0 General 0 Specific 0 Transferred 0 Criminal negligence 0 In addition, one must be not only the actual cause of the events leading to the result but also the proximate or legal cause whereby the actor should have foreseen the result 0 One is liable if the result is foreseeable 0 Crimes are classified generally as: 0 Felonies 0 Misdemeanors 0 Infractions

Constitution law 0 Body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary. 0 Constitutional laws may often be considered second order rulemaking or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority.

Constitution law 0 The United States Constitution has 7 Articles and 27 amendments, the first ten becoming The Bill of Rights. 0 In the U. S. Constitution, although other crimes are mentioned, some specifically, Treason is the only crime that has its minimum standard set in the Constitution itself, in Article 3, Section 3.

Federal Law 0 The United States Constitution provides for a federal government that is superior to state governments with regard to its enumerated powers. These powers include the authority to govern; 0 International Affairs 0 Currency 0 National Defense 0 Issues that arise under any legislation passed by Congress, an Executive Order of the President, or a decision of federal courts pursuant to the Constitution are governed by federal law.

Federal Law 0 The Supreme Court makes final decisions regarding all federal law. United States federal laws are categorized in the United States Code. 0 Areas of federal law; 0 Federal Income Tax Code 0 Immigration laws 0 laws relating to international relations and treaties, such as embargoes, authorizations to use the military 0 Copyright law 0 Patent law 0 laws about crimes on federal property or against federal employees 0 R.I.C.O. (Racketeering Influenced and Corrupt Organizations) Act

Old Common Law 0 Common law legal systems originated in England during the Middle Ages. 0 Law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action 0 A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. 0 The body of precedent is called "common law" and it binds future decisions.

Old Common Law 0 In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). 0 If a the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent. Thereafter, the new decision becomes precedent, and will bind future courts.

Parties to a Crime 0 Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed is has not been convicted or has been convicted of some other degree of the crime or of some other crime based on the same act. 0 At common law there are four possible parties to a crime

Parties to a Crime 0 The principal in the first degree 0 The person who actually was present and consummated the crime 0 Example: Armed Robbery -- If "A" decides to rob a bank, takes a gun, goes into a bank, points the gun at the bank teller and demands money or says he will shoot the teller, "A" is given money and flees the bank, "A" has directly committed an Armed Robbery because "A"'s conduct meets all elements of the crime. 0 The principal in the second degree 0 The person who was constructively present at the crime scene 0 Example: Armed Robbery (PTAC) -- If "A" decides to rob a bank but wants someone to be a "lookout" (keep an eye out for the presence of police and to let "A" know if any police might come on the scene to stop the commission of the crime) and so "A" tells "B" of his plan to rob a bank and asks "B" to come along and stand at the door of the bank and to warn "A" if the police are coming and "B" agrees and does so, "B" is a party to the crime of Armed Robbery and is as guilty as "A" even though "B" did not have a gun, did not threaten anyone and did not take the money.

Parties to a Crime 0 The accessory before the fact 0 The individual who was neither actually nor constructively present during the crime but who aided or abetted the commission of the crime before it was committed 0 Example: Armed Robbery (PTAC) -- If "A", B" and "C" agree to rob a bank and "A", "B" and "C" each consciously intend to make it happen and have a stake in the venture and one of them actually robs the bank, all three are equally guilty of the crime. 0 The accessory after the fact 0 The person who was unaware that a crime was committed until after the event and then aided or abetted the principals or accessories before the fact 0 Example: Armed Robbery (PTAC) -- If "A", B" and "C" agree to rob a bank and "A", "B" and "C" each consciously intend to make it happen and have a stake in the venture and one of them actually robs the bank, then the principals go to Ds house and informs D and asks D to provide assistance, and D provides the assistance, D is equally guilty of the crime.

Defenses to a Crime (JUSTIFICATION FOR) A DEFENDANT IN A CRIMINAL CASE MAY BE ABLE TO ESTABLISH A LEGITIMATE JUSTIFICATION FOR THEIR CRIMINAL BEHAVIOR 0 Capacity to commit crime 0 Infancy (under 14 yrs.) 0 Diminished capacity 0 Physical impossibility 0 Insanity 0 Mistake of fact 0 Mistake of law 0 Duress 0 Entrapment 0 Self-defense 0 Necessity

INFANCY 0 The defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed. 0 Under the English common law the defense of infancy was expressed as a set of presumptions. A child under the age of seven was presumed incapable of committing a crime. 0 The presumption was conclusive prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what he had done.

INFANCY 0 Children aged seven to fourteen were presumed incapable of committing a crime. As a definition of the process for dealing with an alleged offender, the range of ages specifies the exemption of a child from the adult system of prosecution and punishment. 0 Most states develop special juvenile justice systems in parallel to the adult criminal justice system. Children are diverted into this system when they have committed what would have been an offense in an adult 0 Hence, children are deemed incapable of committing some sexual or other acts requiring abilities of a more mature quality

PHYSICAL 0 Those who are physically incapable of the crime 0 Physical impossibility covers situations where not only is the action inadequate, but impossible; an example is the attempted murder of (or conspiracy to murder) someone who is, in fact, already dead. Such actions are governed by section 1(2) and 1(3) of the 1981 Act, which provides that they do constitute a crime if the actions, were the facts of the case to be as the defendant believed them to be, would have led to a valid attempt

DURESS 0 Except for the most serious crimes, duress may be a defense if a offense was committed when: 0 Because of a threat 0 The actor reasonably believed human life was in immediate danger 0 duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person 0 A defendant utilizing the duress defense admits to breaking the law, but claims that he/she is not liable because, even though the act broke the law, it was only performed because of extreme unlawful pressure. 0 In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability, so that if the defense is not accepted then the criminal act is admitted.

Offenses 0 PRELIMINARY (PREPARATORY) 0 Criminal attempt 0 Solicitation 0 Conspiracy 0 OBSTRUCTION OF JUSTICE (INCHOATE) 0 Perjury 0 Subordination of perjury 0 Bribery 0 AGAINST THE PUBLIC PEACE 0 Disturbing the peace 0 Unlawful assembly 0 Riot 0 AGAIST PROPERTY

Offences Against Property 0 Theft 0 Intentionally taking away the personal property of another 0 Fictitious check 0 Willfully, with the intent to defraud, writing or delivering a check, knowing at the time there are insufficient funds 0 False pretenses 0 Knowingly, by false pretense or fraud, procuring money, labor, or property of another 0 Embezzlement 0 Fraudulent appropriation of property by a person to whom it has been entrusted 0 Breaking and entering 0 Forcibly entering a structure intended for human occupancy without the permission of the owner or lessee and destroying property of value in or around the structure 0 Burglary 0 Entry of a structure with the intent to commit a felony or steal property of any value 0 Arson 0 Willfully and maliciously setting fire to or causing to be burned any structure, forest land, or property 0 Forgery 0 The false making or material alteration of any document that, if genuine, would be of apparent legal efficacy 0 Extortion 0 (blackmail) obtaining property from another with the victims consent through the threat of some future harm

Offenses 0 CONTROLLED SUBSTANCE LAWS 0 Possession 0 Sale 0 Transportation 0 Manufacturing 0 Furnishing 0 Administering 0 Possession of drug paraphernalia 0 Being under the influence of or cultivating a controlled substance 0 PUBLIC SAFETY AND MORALS 0 Pornography 0 Obscene matter 0 Sexual exploitation of minors 0 Contributing to the delinquency of minors 0 Incest 0 Indecent exposure 0 Loitering 0 Prostitution 0 AGAINST PERSONS

Against Persons 0 Assault 0 An attempted battery or placing someone in fear of an immediate battery 0 Battery 0 Willfully and unlawfully using force or violence on another person 0 Robbery 0 The felonious taking of property from another in the victims presence against their will by use of force or fear 0 False imprisonment 0 Unlawfully restricting the personal liberty of another 0 Kidnapping 0 Generally, the forcible abduction of a person to another location 0 Rape 0 Any unconsented-to sexual intercourse upon the person of another 0 Unlawful sexual intercourse (statutory rape) 0 The act of sexual intercourse with a person under the age of 18 who is not the spouse of the perpetrator 0 Homicide 0 1 st degree 0 Deliberate and premeditated 0 2 nd degree 0 Without premeditation 0 Manslaughter (voluntary) 0 Without malice but upon sudden quarrel or in heat of passion 0 Manslaughter (involuntary) 0 Without malice, in an unlawful manner 0 Ex: vehicular homicide

Obstruction of Justice 0 Obstruction of justice refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other government official. 0 Common law jurisdictions other than the United States tend to use the wider offense of Perverting the course of justice. 0 It is a crime to; 0 threaten, intimidate, or retaliate against these participants in a criminal or civil proceeding 0 Bribery have an official to alter the outcome of a judicial proceeding. 0 Perjury or Subordination of perjury

Laws of Arrest 0 Law enforcement officer may make an arrest 0 In the case of felony committed in officers presence 0 Not committed in presence, can if have probable cause 0 Misdemeanor arrest if committed in officers presence 0 If misdemeanor committed not in presence of officer, no arrest can be made without a warrant 0 If no felony crime was committed, a police officer is protected from civil and criminal liability 0 A private security person (or citizen not a police officer) may arrest 0 In the case of a felony committed in front of the person 0 If not present an arrest can be made if the felony has probable cause 0 Also can arrest for misdemeanor if committed in private citizen or security officers presence 0 Have no authority to arrest if the misdemeanor was not committed in their presence 0 They are not protected from criminal or civil liability due to false imprisonment or false arrest

Use of Force As a general rule, persons can use whatever force is reasonably necessary, including deadly force, to protect themselves or an innocent third party from serious bodily harm or death. A person may use non- deadly force in the protection of property.

Evidence EVIDENCE CONSISTS OF TESTIMONY, WRITINGS, MATERIAL OBJECTS, AND OTHER THINGS PRESENTED TO THE SENSES TO PROVE THE EXISTENCE OR NONEXISTENCE OF A FACT! THE RULES OF EVIDENCE GOVERN THE ADMISSIBILITY OF SUCH IN COURT. PROOF IS THE ESTABLISHMENT BY EVIDENCE OF A REQUISITE DEGREE OF BELIEF CONCERNING A FACT IN THE MIND OF THE TRIER OF FACT (JURY) OR THE COURT (JUDGE).

Types of Evidence INCLUDE 0 Testimonial 0 Testimony given by witnesses, victim, or suspect 0 Documentary 0 Writings, any documented and tangible form of communication 0 Real 0 Physical evidence, material objects, contraband 0 Demonstrative 0 Materials such as maps, models, charts, diagrams, displays

Types of Evidence 0 Relevant 0 Evidence that has any tendency to prove or disprove a disputed fact in a case, such as a motive, opportunity, capacity, prior threats, possession of writings, or real evidence linking to crime 0 Admissions and confessions 0 Admission is a statement by a suspect acknowledging some fact of relevant evidence in the case 0 Confession is a statement by the suspect accepting full responsibility for a crim 0 Hearsay 0 An out-of-court statement presented in court by someone other than the original declarant 0 Consciousness of guilt 0 Conduct by the accused from which an interference of guilt or adoptive admission can be drawn

Types of Evidence Testimonial 0 Types of witnesses 0 Lay witness- an ordinary witness, includes police officers, can only testify what they know as fact 0 Expert witness- one who possesses some special knowledge, skill, experience, training, or education relevant to the facts 0 Subpoena- is a written order commanding the presence of a witness in court for the purpose of giving testimony 0 Privileges 0 Against self-incrimination 0 Husband-wife testimonial 0 Officer-informant 0 News shield privilege

Presentation of Evidence 0 Inference 0 A deduction of fact that can be logically and reasonably drawn from a fact 0 Presumptions 0 An assumption of fact that the law requires to be made from another fact 0 Direct evidence 0 Evidence that directly proves a fact without drawing inference from other facts 0 Circumstantial evidence 0 Evidence that proves a fact through inference or logical association with another fact 0 Judicial notice 0 Matters of common fact, general knowledge 0 Stipulation 0 An agreement between opposing parties that a fact can be offered into evidence without adversarial argument

Search and Seizure Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. 0 Search involves intrusion into an area where a person has a reasonable expectation of privacy the purpose of which is to find evidence or contraband to use in criminal prosecution 0 Seizure occurs when a persons freedom of movement is restricted or when property is taken into custody, it involves a meaningful interference with a persons movement or property interest

Search and Seizure 0 Probable cause a reasonable belief refers to facts or evidence that would make a reasonable person believe that a crime or wrong doing has been, is being, or will be committed. 0 Exclusionary rule - designed to exclude evidence obtained in violation of a criminal defendant's Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be excluded from trial. 0 Plain view doctrine - is an exception to the warrant requirement which allows officers to seize items which they observe and immediately recognize as evidence or contraband while they are lawfully present in an area protected by the 4th Amendment. 0 REQUIREMENTS FOR SEIZURE OF EVIDENCE IN PLAIN VIEW: 0 Law enforcement authority to seize. 0 Law enforcement official must be in a place he/she has a right to be in. 0 Discovery of the evidence must be inadvertent. 0 It must be immediately apparent that what the official has discovered is evidence.

Search and Seizure 0 Detention is a temporary for investigation and questioning to determine a persons involvement, if any, in criminal activity. 0 Contact or Consensual Encounter - occurs when a police officer approaches you and engages you in conversation, but you remain free not to answer and to walk away. The encounter remains consensual even if the officer asks you questions, or asks to examine your identification or your belongings, as long as the officer does not suggest that you must comply, thus restricting you freedom of movement. 0 Frisk reasonable suspicion, is a cursory pat-down of a legally detained suspect for the purpose of discovering deadly or dangerous weapons. 0 Search Warrant Is an order issued by a judge and directed to a peace officer that commands a search of a described location for described evidence or contraband. 0 Automobile exception to the search warrant requirement - A lawful search under the motor vehicle exception requires the existence of probable cause to believe that the vehicle contains evidence or contraband and that the searching officers have lawful access to the vehicle.

Search and Seizure 0 Consent Search - are searches made by law enforcement personnel based on the consent of the individual whose person or property is being searched. 0 Constructive custody (Parolee) - custody of a person (as a parolee) who is not under immediate physical control but whose freedom is controlled or restrained by legal authority of the Department of Corrections from which they were released. 0 Probation search - Search of person, vehicle, or residence based on probation status, the purpose of a probation search is to determine if the probationer is complying with the terms of probation. 0 Administrative search - an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and used to enforce compliance with regulations or laws pertaining to health, safety, or security of the public (e.g. the TSA agents at airports)

Miranda Admission 0 Miranda does apply in; 0 An adult suspect in custody and a police officer desires to interrogate to gain an admission or confession 0 A minor when taken in custody for a status offence, violating a court order, escaping from court ordered commitment. * Minors must be advised per Miranda contemporaneously with custody regardless of an officers initial intent to interrogate. 0 Miranda does not apply in; 0 Contracts 0 Traffic stops 0 Detentions 0 Rescue Doctrine and public safety exception 0 General on-scene questioning 0 Voluntary interview 0 Telephone calls 0 When a subject (suspect) is being questioned by someone other that a peace officer.

Miranda Admission 0 Elements of Miranda rights advisory only to criminal cases and include the following; 0 The suspect can remain silent 0 Anything they say can and may be used against them in a court of law 0 The suspect has the right to talk to a lawyer before or during questioning. 0 If the suspect cannot afford an attorney, the court will appoint one to represent them free of charge before any questioning.

Miranda Admission 0 Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment. Therefore, for Miranda to apply, six factors must be present: 0 Evidence must have been gathered. 0 The evidence must be testimonial. 0 The evidence must have been obtained while the suspect was in custody. 0 The evidence must have been the product of interrogation. 0 The interrogation must have been conducted by state-agents. 0 The evidence must be offered by the state during a criminal prosecution.

Chapter 3 Questions 1. What is the usual penalty for a felony? Misdemeanor? 2. If I am the driver in a get away car of a store robbery, what parties to a crime principal am I? 3. What defense can I use if I committed a crime because I was threatened to be harmed if I did not? 4. Give an example of Obstruction of Justice. 5. What is the difference of first degree and second degree murder charge? 6. Can a private security person or citizen make a felony arrest? 7. What is the general rule of use of force?

Chapter 3 Questions 8. What is the obligation to produce evidence sufficient to prove a fact or set of facts? 9. What are some examples of demonstrative evidence? 10. If a defendants fingerprints are found at a crime scene, what type of evidence can the prosecutor enter into the court? 11. What is one called if they are properly qualified to give testimony in court? 12. What are some common rules concerning the introduction of material objects into evidence? 13. Name two of the four testimonial privileges. 14. What Amendment allows reasonable searches? 15. When does an officer have to read a minor their Miranda Rights?

Chapter 3 Answers 1. Felony can carry a penalty of 1 year or more in prison, a misdemeanor can carry a penalty of up to a year in jail. 2. The principal in the second degree, because I was constructively present at the crime scene. 3. Duress 4. Perjury, subordination of perjury, or bribery 5. I the case of first degree murder charges premeditation has to be present. 6. Yes, only if the felony is committed in front of the private security or citizen. 7. A person use whatever force is reasonably necessary, including deadly force, to protect themselves or an innocent third party from serious bodily harm or death.

Chapter 3 Answers 8. Burden of proof 9. Materials such as maps, models, charts, diagrams, displays, and computer simulations 10. Circumstantial because it can be inferred that the defendant was present even though there is no direct witness to the crime. 11. A competent witness 12. Authentication, chain of custody was followed, legal duty to collect and preserve evidence 13. Privilege against self-incrimination, husband-wife testimonial privilege, officer-informant privilege, and news shield privilege. 14. Fourth 15. Whenever they are taken into custody regardless of an officers initial intent to interrogate.

lesson 2 legal aspects of safety and security. criminal law 0 crime is an offense against society 0...

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