End of Pathway Assessment

Law and JusticeSonya Baker and Dawnya Hill

What are the differences in criminal and civil law?

• Criminal law deals with violations of local, state, or federal law (Misdemeanors and felonies)

• Criminal law has a punishment assigned to accompany each violation

• Criminal cases are prosecuted by the State

• Level of proof must reach “Beyond a reasonable doubt”

• Civil law deals with the relationships between individuals (suits, marriage, divorce, adoption, wills, real estate, contracts, etc.)

• Restitution is the ultimate goal in civil law

• Payment in civil suits may be a result of compensatory or punitive damages

• Level of proof: Preponderance of the evidence

Define misdemeanor and provide examples.

• A less serious offense punishable by a maximum of 12 months in jail.

• May also include up to $1000.00 in fines• DUI, Speeding, Driving without a license, Simple

Battery, Criminal Trespass, Possession of less than an ounce of marijuana

Define felony and provide examples.

• A serious crime punishable by a minimum of one year in prison up to the possible sentence of death.

• Murder, Rape, Armed robbery, Theft by taking (Motor Vehicle), Possession of a Controlled substance, Aggravated Assault

What is the difference in compensatory and punitive damages?

• Compensatory- damages recovered in payment for an actual injury or economic loss. May also include dollar amount which can be ascribed to pain, suffering, lost quality of life, etc.

• Punitive damages- damages requested in a civil suit when defendant’s willful acts were malicious, violent, oppressive, fraudulent, wanton, or grossly reckless. May include mental anguish, degradation, shame or hurt feelings.

List the steps in a trial beginning with trial initiation…..

– Trial Initiation– Jury Selection (Voir Dire)– Opening Statements (Prosecution, then defense)– Presentation of Evidence (Prosecution first – defense may

cross examine, then Defense presentation- Prosecution my cross)

– Closing arguments (Defense then prosecution)– Judge’s charge to the Jury– Jury Deliberations– Verdict (sentencing may follow immediately or after

separate sentencing hearing)

List non-professional participants in the courtroom and their role in the trial.

– Jury (made up of community members)– Lay witnesses- victim, eye-witnesses, etc.– Defendant– Media/ Press- there to cover events but not to

participate in actual trial

List professional participants in the courtroom. What are their qualifications and what is their role in the

trial procedure?

• Judge- Must have a law degree, licensed attorney, in good standing with the local Bar Association. Makes decision on legal matters raised by the prosecution/defense. Insures the law is followed as well as courtroom procedures. Neutral party in court

Professional participants continued

• Prosecutor- licensed attorney, employed by the State, represents the State (not necessarily the victim). May use prosecutorial discretion to decide on plea negotiations, dismissal or continued prosecution of a case.

Professional participants continued

• Defense Attorney- licensed attorney- to provide counsel/defense for the defendant. May be retained (hired and paid for by the defendant), appointed (private attorney who contracts with and is paid by the county) or a public defender (employed by the county).

Professional participants continued

• Bailiff- maintains order in the courtroom and custody of the jury- role may be divided between a law enforcement officer (security and order in the court) and a civilian (custody of the jury)

• Court Reporter- MUST maintain an accurate record of everything that is said in the courtroom.

What is the 4th amendment?

• prohibits unlawful search and seizure• establishes the rights of citizens in regards to what

is need for an officer to enter/search a dwelling.• establishes the rights of citizens in regards to what

is need for an officer to arrest.

How can an officer enter/search a dwelling?

• Warrant (must include signed affidavit establishing probable cause and a Judge’s Signature along with specific target of search and area to be searched)

• Consent- owner/occupant gives permission but this may be revoked at anytime and when consent is withdrawn the search must cease)

• Hot Pursuit- officer may follow a suspect into a dwelling if the officer has maintained visual contact on the offender and saw him/her enter.

• Exigent circumstances- emergency situations such as hearing a scream or if the officer feels that evidence may be compromised or destroyed.

What is required to secure a warrant (arrest and search)?

• must include signed affidavit establishing probable cause and a Judge’s Signature along with specific target of search and area to be searched

What is probable cause?

• Facts and circumstances which would lead a reasonable PERSON to believe a crime has occurred

What is articulable reasonable suspicion?

• facts and circumstances combined with experience, training and knowledge that would lead a PEACE OFFICER to believe a crime has been committed and that the officer should investigate further to establish probable cause.

What is the exclusionary rule?

• illegally obtained evidence may not be used in court (evidence may be statements or physical evidence obtained in a manner which violated the 4th or 5th amendment)

What are the exceptions?

• Suspicionless Searches- search made at or near the U.S. border, prisons, airport security, and public transit.

• Search incident to lawful arrest• Stop and frisk arrests• Plain view doctrine• Vehicle searches• Good Faith Exception

What is Miranda vs. Arizona?

• Supreme Court decision which requires the accused be notified of his rights (remain silent and to have an attorney) prior to interrogation by police.

When is it applicable?

• Applicable to anyone in custody (or who believes that they are in custody) prior to questioning by police

What are the exceptions?

• Public Safety- if there is an issue with public safety (such as the location of a weapon) then police may ask limited questions prior to Miranda to insure the safety of the community

• Inevitable discovery- if the information was obtained from the defendant prior to being Mirandized but the evidence was going to be found without their assistance then that information may be used in court (Christian Burial Speech)

• Spontaneous utterance- if the suspect begins confessing or offering information without prompting (questioning) by police then the information may be used against them.

What is the plain view doctrine?

• Any evidence within sight of an officer without obstruction may be seized and used in the prosecution of a case.

• If an officer responds to a domestic call but upon arrival sees marijuana on the table he may seize the contraband and make arrests based on that evidence.

How does the Terry vs. Ohio decision affect police officers?

• Officers may “pat down” or “frisk” the outer clothing of a subject for officer safety

• Officers may not manipulate the clothes or reach inside any pockets unless it is to remove a weapon

Where was the first juvenile court established and when? What right do Juveniles not

have that adults do? At what age are you treated as an adult if you commit one of

the seven deadly sins?

• first Juvenile Court was established in Cook Co, Illinois in 1899• established because they felt parents were not taking proper care of

the children so the court would take over (parens patriae)• Juveniles do not have the right to a jury trial in juvenile court (in part

due to the fact that the court is attempting to protect their identity)• In Georgia you may be treated as an adult at 13 (Ga. is one of 8 states

that consider you an adult regardless of the offense at age 17)

Which court case established that all indigent defendants are appointed counsel when

prosecuted for a felony in state court? Which case affirmed this decision? Which case

established this for juveniles? • Gideon vs. Wainwright established the right to appointed

counsel• Alabama vs. Shelton affirmed this case• Re: juveniles- In re Gault and In re Winship established

that juveniles have basically all the same rights as adults (see above answer- juveniles also have no right relating to bond/bail)

What is the difference between a delinquent offense and a status offense? List examples

of each.

• a delinquent offenses id a violation of state or federal law while status offenses are based on the age of the offender

• Delinquent offense: rape, murder, theft, arson, DUI, possession of drugs

• Status offense: curfew violation, truancy, running away

What are the three major spheres of patrol activity?

• responding to calls for service and emergencies• Undertaking activities to apprehend perpetrators

of crime• Engage in strategic problem-solving partnerships

with the community

What are common procedures used to patrol?

• Random or routine patrol most often used• Preventative Patrol• Patrol activities:

• Calls for service (25%)• Preventative patrol (40%)• Officer initiated actions- tickets (15%)• Administrative tasks (20%)

What must be included in a police report?

• When it happened (date and time) • Where it happened (street location)• Building address or closest intersection• Who is reporting• Who is the victim: Name, contact information, State Driver’s License or ID

number• Who is the perpetrator or if unknown then obtain a description• Who Witness Name and contact information• What was lost, stolen, damaged, injured, etc• Vehicles: Make, Model, Color, License Plate Number, Insurance-company

name & policy number, etc. Property other than vehicles: Serial Number, Product Name, Manufacturer, Description, Condition, etc

• Narrative: section designed to provide space for the details of the incident

What type of patrol is used in known “hot spots”?

• Saturation patrols• Directed patrols

What types of patrol are most common?

• foot • automobile

What are the responsibilities of the first responder (traffic- wreck-

crime scene)?• Initial response/Receipt of information• Safety Procedures• Emergency Care• Secure and control persons at the crime scene• Boundaries: identify, establish, protect and secure• Turn over control of the scene to the investigator in charge

upon their arrival• Document actions and observations

Which case allows victims to sue police officers for monetary damages if a search or arrest is conducted with

a faulty warrant?

• Malley vs. Briggs

Under what conditions can an officer be sued?

• Failure to protect property in police custody• Negligence of care of person in police custody• Failure to render proper emergency aid• Failure to prevent foreseeable crime• Failure to aid a private citizen• Lack of due regard for the safety of others• False arrest• False imprisonment• Inappropriate use of deadly force• Unnecessary assault or battery• Malicious prosecution• Violation of constitutional rights• Patterns of unfair or inequitable treatment• Racial Profiling

What are some of the disease related dangers that an officer may

encounter during a routine shift?

• HIV/AIDS• TB

• Hepatitis

Gun Components:

Components Continued

Chemical components of OC Spray

• This component is also well known as pepper spray and is an inflammatory agent; not an irritant. When someone is sprayed with OC pepper spray, the person's eyes slam shut. OC dilates the capillaries and causes temporary blindness. OC is a natural chemical. It is a derivative of hot pepper plants, hence the name pepper sprays. The time it takes for OC to wear off is anywhere from 20 to 30 minutes.

List several positive ways to deal with the stress of responding to a

disaster/crisis.

• Get enough sleep• Eat a balanced diet• Exercise• Counseling (talk it out)• Balance work, play and rest• Allow yourself to receive as well as give• Seek spiritual resources

What is triage? What are the three ways a victim may be marked

during a disaster?• Triage is a French word meaning to sort. This technique

is used to quickly examine patients to determine priority for treatment; wounded outnumber caregivers and this becomes a necessary task.

• Three Categories of victims:• Immediate (I)- life-threatening injuries require immediate

attention or victim will die• Delayed (D)- injuries do not jeopardize victim’s life• Dead (DEAD)- No respiration after two attempts to open airway

In an emergency situation: What are the three “killers”?

• Airway Obstruction• Excessive bleeding

• Shock

How do you initially clear an airway?

• Place one palm on the forehead of the victim and use two fingers on the other hand to help tilt the head back slightly

What are the three types of bleeding?

• Arterial bleeding- spurting bleeding• Venous bleeding- Flowing

• Capillary- oozing

What methods are used to stop bleeding?

• Direct pressure• Elevation

• Pressure points

Describe or explain activities prior to conducting a crime scene search

a. Obtain information from the responding officer and secure the scene

1. The responding officer should provide medical assistance to anyone who needs it.

2. The responding officer is responsible for arresting the perpetrator if they are on the scene

3. Ropes and barricades will help you preserve the crime scene from contamination.

4. The lead investigator evaluates the scene and determines the boundaries. They do an initial walk through and develop a strategy.

Certify Death

b. Demonstrate proper procedures for checking vital signs of a victim and certifying death of a victim.

• Pulse rate and rhythm: Checking your pulse rate is counting the number of times your heart beats in a minute. Pulse checks can be taken at the wrist (radial pulse) or at the neck (carotid pulse). Do not use your thumb; instead use your index and middle fingers.

Explain and demonstrate the use of crime scene photography

a. Demonstrate proper crime scene photography1. Three methods of crime scene recording: Photography, sketches and notes. 2. The crime scene should not be altered unless there are injuries. 3. Objects must not be moved4. Photos must form an organized sequence and show all locations and objects. 5. Take photos of the body’s location, position. 6. Take close ups of injuries, weapons near the body. 7. Photo the surface under the body after the body has been removed. 8. More is better motto9. Digital cameras allow for enhancement & examination in fine detail.10. 3 types of vantage points: • Long range may include aerial view or the view from the entry way• Mid-range may include using different angles 8 to 10 feet from the victim• Close-up may include body and body parts, weapons, casings, blood patterns

usually taken within 5 feet or less from the victim.

Document photographs taken at the crime

scene.

• A measuring device will show the actual size of all objects. Photos with measurement and without are necessary.

• The first shot should be a title card that includes the crime location, date, case number, photographer.

• All photos will be identified by a number and entered in the photo log.

EQ: How do investigators record and preserve a crime scene? 49

Photography: Purpose1. To record the original scene and related

areas 2. To record the initial appearance of physical

evidence 3. It will provide investigators and others with

this permanent visual record of the scene for later use

4. Photographs are also used in court trials and hearings

EQ: How do investigators record and preserve a crime scene? 50

Photography

• Scene must be unaltered except for medical assistance

• Completely photograph entire scene• Include all adjacent areas• Overview of the scene• Start at body and work to less significant

evidence