CH. 5-9

Question 1

The Political Era:

Answer 1

the period of time when police were tied closely to politics and politicians, dependent on them for being hired and promoted, and for assignments.
police corruption surfaced during this time.

Question 2

The Reform Era:

Answer 2

the professional era when police sought.
to extricate themselves from the shackles of
politicians, the crime fighter image really gained popularity at this time.

Question 3

The Community Era:

Answer 3

a time when the police retained to
work with the community to solve problems by
looking at their underlying causes and developing tailored responses to them. police were trained to work with the community to solve problems.

Question 4

Customs and Border Patrol (CBP):

Answer 4

Job: Preventing terrorists and terrorist weapons from entering the United States
while facilitating the flow or legitimate trade and travel of both citizens and tourists
– One of the largest federal law enforcement agencies
– Has more than 60,000 agents
– Protects nearly 7,000 miles of border and 95,000 miles of shoreline

Question 5

Transportation Security Administration (TSA)

Answer 5

Job: Protects our nation’s transportation systems and employs 48,000 personnel
– Agents are most well known for inspecting air carrier operations to the U.S.
* TSA personnel hold the title of “officer” in name only; they do not carry guns

Question 6

Immigration and Customs Enforcement (ICE)

Answer 6

Job: Identifying and shutting down vulnerabilities both in the nation’s
borders and in economic, transportation, and infrastructure security
– The largest investigative arm of DHS
– The Homeland Security Investigations (HSI) was formed within ICE to
investigate financial crimes, money laundering, etc.

Question 7

Coast Guard

Answer 7

Nation’s leading maritime law enforcement agency
– Job: Uses broad policing power to enforce or assist in enforcing federal
laws and treaties on waters in U.S. jurisdictions

Question 8

U.S Marshals Service

Answer 8

One of the oldest federal law enforcement agencies;
– Job: Transport federal prisoners and track fugitives, while also
protecting federal judges, prosecutors, witnesses, and more

Question 9

Internal Revenue Service(IRS)

Answer 9

Job: monitoring and collecting federal income
taken from American individuals and businesses

Question 10

Propriety services and contract services (list example as well)

Answer 10

Outside firms or individuals hired by the
individual or company to provide security.
services for a fee
* Ex: Mall Cop, Bodyguard, Campus Security

Question 11

Criminalistics

Answer 11

The study of physical evidence related to crime.

Question 12

Detective/Investigator

Answer 12

A police officer who is assigned to investigate
reported crimes, to include gathering
evidence, completing case reports, testifying
in court, and so on
– Must be trained in the laws of arrest, search,
and seizure; investigative principles and
practices; judicial proceedings; and oral and
written communications
* 4 personal attributes
– An unusual capability for observation and
recall
– Extensive knowledge of the law, rules of
evidence, scientific aids, and laboratory
services
– Power of imagination
– A working knowledge of social
psychology

Question 13

Search and Seizure

Answer 13

The terms refer to an officer’s searching for and taking away evidence of a crime.
Requires the police to first knock and announce
their presence before entering into a person’s
home for the purpose of executing a warrant
– Exceptions include if knocking and
announcing would endanger the officers or
lead to the destruction of evidence

Question 14

Exclusionary Rule

Answer 14

Requires that evidence obtained improperly by the police not be used in a criminal trial. Not all searches are prohibited, only those that are unreasonable. 1st Appeared in Weeks v. United States

Question 15

Exigent Circumstances

Answer 15

nstance where quick, emergency action is
required
* Must be to prevent danger to life or serious damage to property, the
escape of a suspect, or the destruction of evidence
The Supreme Court has also held that police may arrest everyone in a
vehicle in which drugs are found, and that police may set up roadblocks to
collect information from motorists about crime

Question 16

Miranda Warnings

Answer 16

letting suspects
know they are under arrest and the
rights they now have (ex: right to remain
silent, right to an attorney, etc.)
Must be given before an interrogation.

Question 17

Federal Court System

Answer 17

The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate
courts

Question 18

Booking

Answer 18

A clerical procedure for when an arrestee is taken to Jail and a record is made of his or her name, address, charge(s), arresting officers, and time and place of arrest

Question 19

Initial Appearance

Answer 19

This is a formal proceeding during which the accused is read his or her rights, informed of the charges, and given the amount of bail required to secure pretrial release.
– Defendant right that is important here  The right to a government-provided attorney if the
defendant cannot afford one.

Question 20

Preliminary Hearing

Answer 20

A stage in the criminal
process conducted by the judge to
determine whether a person
charged with a crime should be
held for trial based on probable
cause
– This stage in the process
DOES NOT determine guilt or
innocence
– There is no jury present
– This is considered another
check to make sure this case
“holds water”

Question 21

Arraignment

Answer 21

After being formally charged, the accused will again be advised of his or her rights
and is asked to enter a formal plea.
* A defendant may plead:
– Not guilty  defendant is claiming innocence and is forcing the state to prove
its case at trial
– Guilty  relieves the state of that burden and the defendant is convicted
without trial
– No contest  allows a defendant to plead guilty for purposes of avoiding trial,
but the plea cannot be used against him or her later in a civil trial
* Technically, under this plea, the defendant has not admitted guilt
* The court must always approve a plea of no contest
* If a plea is entered of “not guilty,” a trial must occur (unless plea bargaining takes
place)

Question 22

Plea Negotiation (Bargaining)

Answer 22

a pre-conviction process between the prosecutor and the accused
in which a plea of guilty is given by the defendant, with certain specified
considerations in return
– Ex: having several charges or counts tossed out, and a plea by the
prosecutor to the court for leniency or shorter sentence
* Several forms:
– Charge bargaining  offering to plead guilty to a lesser offense than the
one charged, thus hoping for a lighter sentence)
– Count bargaining  pleading guilty to, say, three of the charged counts
and having the remaining six counts thrown out
– Negotiating how he or she will serve an imposed sentence
* Ex: two five-year terms to be served concurrently, as opposed to
consecutively
When agreeing to negotiate a plea, the accused forfeits a long list of legal protections
afforded under the Bill of Rights:
– The presumption of innocence
– The government’s burden of proof (beyond a reasonable doubt)
– The right to face one’s accuser
– The right to testify on your own behalf
– The right to present witnesses in one’s defense
– The right to have an attorney and a trial by jury (except for lesser cases)
– The right to an appeal if convicted

Question 23

List the four primary criminal justice officials, their duties, and whether they are still utilized today.

Answer 23

-Sherriff: The chief law enforcement officer of a county, typically elected and frequently operating the jail as well as law enforcement forces, Today, the American sheriff remains the basic source of rural crime control.
-Constable: in England, a favored nobleman who were forerunners of modern-day U.S criminal justice functionaries, collected taxes, supervised highways, and served as magistrate: largely disappeared in the United States by the 1970s
-Coroner: an early English court officer; today one (usually a physician) in the United States whose duty it is to determine cause of death. Today in many states the corner preforms basically a single function: determining the causes of all deaths by violence or under suspicious circumstances or by request, in many states may also serve as sheriff when elected sheriff is disabled or disqualified.
-Justice of the Peace: a minor justice official who oversees lesser criminal trial; one of the early English judicial functionaries, granted bail to felons, in America they can also Solemnizing marriage when so authorized
* Presiding over a court that hears misdemeanor
cases, traffic violations, and other petty criminal
infractions.
* May also have authority over cases involving small
debts, landlord and tenant disputes, or other small
claims court proceedings.

Question 24

Who was Sir Robert Peel and what did he believe in and emphasize?

Answer 24

n 1822, England’s ruling party moved to consider
new alternatives.
– They appointed Sir Robert Peel to establish a
police force to combat the problems.
* Peel finally succeeded when Parliament passed the
Metropolitan Police Act.
– Peel believed that the “police are the public, and
the public are the police”
– He emphasized that the police are first and
foremost members of the larger society.

Question 25

What were some of the most notable things August Vollmer accomplished?

Answer 25

Ordered an increase in number of deputies to
form day and night patrols
– Ordered his men to patrol on bicycles so they
could respond three times more quickly to calls
– Saw the construction of red lights hung at every
street intersection to serve as an emergency
notification system for the police officers
– Wanted to and began to form formal police
schools.

Question 26

What are the three main roles of the Federal Bureau of Investigation (FBI) ?

Answer 26

Protects the United States from terrorist
attacks
* Protects the United States against foreign
intelligence operations and espionage
* Protects the United States against cyber-
based attacks and high-technology crimes

Question 27

List and define the four basic tasks of policing.

Answer 27

• Enforce the Law
  – Primary function
  – Police devote a small portion of their time to “chasing
  bad guys”
• Preform welfare tasks
  – Performing all manner of errands simply because they
  are available
  – Ex: “check the welfare of” calls, “be on the lookout” calls,
  delivering death messages, assisting firefighter and
  animal control units, etc.
• Prevent crime
  – Engaging in random patrol and providing public with
  crime prevention information
• Protect the innocent
  – Investigating crimes, police are systematically removing
  innocent people from considerations as crime suspects

Question 28

List and define the three distinct styles of policing.

Answer 28

Watchman style
– Officer is a neighbor
* Act as if order maintenance is their primary function
* Legalistic style
– Officer is a soldier
* Harsh view of law violations
* Service style
– Officer is a teacher
* Falls between legalistic and watchman styles; the police take seriously all
requests for either law enforcement or order maintenance but are less likely to
respond by making an arrest or otherwise imposing formal sanctions

Question 29

What are the three variables of an officer’s decision when utilizing discretion?

Answer 29

Variables of an officer’s decision:
* Law- What is the law? Is there leeway? Is it serious?
* Officer’s attitude – some officers are more willing to empathize with an offender and
give them a break
* Citizen’s attitude – if the offender is condescending and rude, they will more than likely
not fare as well as someone who is honest and considerate.

Question 30

List the types of information physical evidence can provide.

Answer 30

• Body of the crime, physical evidence showing that a crime was committed or ** Corpus delecti**
  -Methods of operation, physical evidence showing means used by the criminal to or gain entry, tools that were used, types of items taken, and other signs or Modus operandi
• Hair, blood, clothing fibers, and cosmetics or Linking suspect with victim
• Fingerprints, glove prints, blood, semen, hairs, fibers, soil, bullets, cartridge cases, tool marks, footprints or shoeprints, tire tracks, and objects that belonged to the
  criminal or Linking a person to a crime scene
  -Versions of events true or not or ** Disapproving or supporting a witness’s testimony**
  – DNA evidence, proves individualization or Identification of suspect

Question 31

List and Define Locard’s Exchange Principle

Answer 31

The notion that offenders both leave something at the crime scene and
take something from it; the crime scene analyst or investigator’s job is to
locate that evidence and use it in the investigation.
* Preliminary investigation
– Established whether a crime has been committed
* Continuing investigation
– Follow-up interviews, analyzing information and evidence, search for
witnesses
* Reconstructing the crime
– Inductive reasoning  The collected information and evidence are
carefully analyzed to develop a theory
* Focusing the investigation
– All investigative efforts are directed toward proving that one suspect is
guilty of the crime

Question 32

List and define the three legitimate and responsive forms of force a police officer may use and society recognizes.

Answer 32

Society recognizes three legitimate and responsive forms of force
– The right of self-defense  the use of lethal force in order to protect oneself from
harm
– The power to control those for whom one is responsible  ex: a prisoner or a
patient in a mental hospital
– The relatively unrestricted authority of police to use force as required  their work
is dangerous, they should have the discretion to use force, even deadly force,
against others if necessary

Question 33

What is the primary protection of the Fourth Amendment?

Answer 33

Primary protection is the requirement that a
neutral magistrate issue warrants for arrest and
search
– Search and seizure
* The term refers to an officer’s searching
for and taking away evidence of a crime
– Warrants, arrest
* A document issued by a judge directing
police to immediately arrest a person
accused of a crime

Question 34

What are the five types of searches and seizures that can be conducted without a warrant.

Answer 34

-Searches incidental to lawful arrest
-Searches during field interrogation (stop-and-frisk searches), searches of automobiles under special conditions.
-Seizures of evidence that is in “plain view”
-Searches when consent is given

Question 35

Among other things, what does the Fifth Amendment guard against and how is it applied?

Answer 35

Among other things, the Fifth Amendment guards against self-
incrimination and double jeopardy
– Many have probably heard of the phrase, “I plead the
Fifth”
* Application of the Fifth Amendment:
– Criminal defendants as well as any witness in a civil or
criminal case and anyone testifying before an
administrative body, Grand jury, or a congressional
committee
– The privilege does not extend to blood samples,
handwriting exemplars, and other items not considered as
testimony
* The right against self-incrimination is one of the most
significant provisions
– There are two legal triggers:
* 1. Custody
* 2. Interrogation

Question 36

What is the purpose of the Sixth Amendment?

Answer 36

his Right guarantees the right to a
speedy and public trial by an
impartial jury, the right to effective
counsel at trial, and other protections
– Many believe that right of the
accused to have the assistance of
counsel before and during trial is
the greatest right we enjoy