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Final Review: CJ 305
Bring Green Scantron! police required to read the citizen their rights who are arrested by police -Miranda was convicted of rape.
Gideon v Wainright (case):
-Courts are required to provide counsel.
-Ordered states to provide lawyers for those unable to afford them in criminal proceedings which could jail or imprison the defendant; warren court’s judicial activism in criminal rights. -6th Amendment exception for minors who are victims
Codes of Ethics/Conduct are in place to present a relationship between the police and citizens
The Exclusionary Rule – [not in constitution; used as interpretive tool] keep evidence out if it violated the defendants constitutional rights; applies to violations of a defendant’s 4th, 5th, or 6th amendment rights.
Dirty Harry(film) tactics – Not following police codes/rules to get evidence/info -- Oppose Miranda Case Decision, falls under exclusionary rule 1) a life is at stake
2) no time to get a warrant
3) there is a likelihood that it will work ( good faith exemption) 4) no other way to get the information.
“Knowing that the evidence will be subject to exclusion”. *only way to circumnavigate exclusionary rule is imminent circumstances.
- destruction of evidence
- hot pursuit
- inevitable discovery
- public safety exemption
Blue Lies: Police are allowed to lie; used to control a person and make the police officers job easier; “its exceptionless” said by Kant Police lie as a utility to achieve justice and receive the truth.
Accepted lies are...
1) told in furtherance of an organizational purpose
2) have a close relationship (nexus/connection) to that purpose 3) nature of the deception where there is an understanding that the deception could be effective 4) deception is considered to be in the public interest as opposed to the truth
Tolerated lies are... usually during interrogation – we have an eye witness, your partner gave you up, we have fingerprints, etc. Can also go under-cover (sexual conduct is one of the greatest problems for under-cover work), can NEVER go undercover as a lawyer, pri
`est, doctor or therapist (privilege) Cell-mate is okay, if you don’t interrogate
Deviant lies are... Deception which falls outside the law. False evidence, lying under oath. -------------------------------------
1) Authority [badge, car, uniform]
2) Power (boom boom fire power)
3) Persuasion [used in the future; used a lot by SDPD]
4) Force [abused the most - use ‘reasonable’ force or lethal force] -------------------------------------
U.S. v Tobias (case):
-Deemed not gov’t induced because defendant already had the subjective predisposition to commit the crime. Entrapment- Is an affirmative defense; burden of proof. Claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials. in the case of Jacobson vs. U.S. = kiddy porn dude was all about it until it was illegal then stopped, then our good ol’ gov’t wanted to mail him stuff = entrapment 1. Subjective Approach – Predisposition to commit the crime. Focuses on the intent or predisposition of the defendant.
2. Objective Approach –
Government Inducement Ask, was it excessive or unreasonable? Focuses on the government’s inducements to get someone to commit a crime. Designed to prohibit unlawful government activity.
Police Discretion – VS
Values of discretion:
John Kleinig -supports police discretion
-Police can evaluate special mitigating circumstances
-Not over-enforce gambling
-The police are often asked to weigh the circumstances
- “every code must be treated as a hypothesis to be tested and adapted while following it” - John Kultgen - Believes that cynicism is associated with code enforcement no matter how far you are or seem to...
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