What are reasons for the potential occurrence of police corruption?
- reluctance of officers to report corrupt activities of fellow officers
- reluctance of administrations to acknowledge corruption in their agencies
- benefits of corrupt transactions
- lack of victims willing to report corruption
What is excessive use of force, and what is illegal use of force?
- excessive force is the application of an amount or frequency of force greater than that required to compel compliance from a subject
- illegal force- situations where the use of force by violates a law or statute
Qualified Immunity
- shields individual officers from constitutional lawsuits unless unreasonable law violation
- citizens can sue federal agents when the defendants conduct violated a constitutional right or the constitutional rights of the plaintiff was clearly established
1983 Lawsuit
(Title 42, Section 1983 U.S. Code)
-against an officer who denies others constitutional rights to: life, liberty, property, or without due process of law
Racial Profiling
- any police action initiated by the race, ethnicity or national origin of a suspect rather than their behavior
- it reduces effectiveness of community folicing
Major Dangers that police officers face ?
-stress, training accidents, car crashes, violence at the hands of criminal offenders
Is fatigue a problem for law enforcement officers ?
Yes is causes accidents, injuries, misconduct, and long-term stress
What is the basic structure of u.s courts ?
- individual states retain judicial autonomy from federal courts
- state courts hear cases that violate state laws
State courts
- first state court is Massachusetts Bay Colony 1629
- courts began to form some uniformity because of industrialization,urbanization , and westward expansion
Original Jurisdiction and Appellate Jurisdiction
- Original Jurisdiction: Lawful authority of a court to hear cases that arise in a specific geographic area, or that involve particular types of law violations
- Appellate Jurisdiction: “” to review a decision made by a lower court
If someone convicted in a state trial court wants to appeal their verdict, what court hears their appeal first? Second? Etc.?
- First appellate level for lower courts (of limited jurisdiction)
- High-level appellate courts are called “state Supreme Court” or the “Court of Last Resort”
Under what circumstances will the U.S. Supreme Court hear an appeal for a trial that originated in a state trial court?
- Must be based on claimed violation of defendant’s rights guaranteed by federal law or U.S. Constitution
- New evidence of innocence is not a reason for federal court to order a new state trial if there are no constitutional rights-violations (Herrera v. Collins 1993)
What is a trial de novo?
New trial = trial de novo (Cases retried on appeal)
What does it mean to use an adversarial process?
- Interests of the state (prosecutors) vs. skills of the defense attorney
- Constrained by procedural rules specified by law
- Sustained through tradition
If someone is charged with a federal offense, what court will hear their case first? If they are convicted, what court do they appeal to?
- u.s. district court
- united states courts of appeals
How many circuit courts of appeals are there in the U.S.?
12
Are the appointments of Supreme Court justices and federal judges a political process- or is the process of nomination and appointment totally unrelated to the Executive and Legislative branches of the government?
a political process, presidents choose most like them
What is the first appearance?
- Appear before magistrate or lower-court judge
- Defendant hears the charges, is advised of rights
- Opportunity to retain a lawyer or have one appointed
- Opportunity for bail
What is a probable cause hearing?
- Will occur at first appearance if arrest is made without a warrant
- Judicial officer reviews police documents
- Ensures probable cause supports the arrest
Why would someone be detained before their trial?
- Serious charges
- Flight risk
- Potential to harm others or the community
What is the most common form of pretrial release?
Bail
What is bail, and what is its purpose?
- Ensures reappearance in court
- “Innocent until proven guilty” so avoids punishment of the accused
What are the alternatives to bail?
Release on Recognizance (ROR) Collateral/Property Bond Deposit bail (court = bondsman) Conditional release Third-party custody Unsecured bond (credit) Signature bond (promise to appear)
