Midterm Flashcards
Peelian Reform
Sir Robert Peel was known as the “father of modern
policing”
Peel’s principles for reform called for:
Local responsibility for law and order;
Appointed, paid civilians to assume this responsibility; and,
Standards for conduct and organization.
Peel’s proposals led to the organization of the
Metropolitan police of London in 1829.
Our Complex System of Laws
Form – written or unwritten common law
Source – constitutional, statutory, case
Parties involved – public, private
Offense – criminal, civil
Criminal
Public wrong
State prosecutes
Seeks to punish
Criminal intent required
Tort
Private wrong
Individual prosecutes
Seeks redress for injury
(restitution)
Intent not necessary
Order of Authority of Law
1.U.S. Constitution
2.Treaties with Foreign Powers
3.Acts of Congress
4.State Constitutions
5.State Statutes
6.Common Law/Case Law
The First Amendment
Freedom of Religion
Freedom of Speech
Freedom of the Press
Freedom of Peaceable
Assembly
Freedom of Petition
The Second Amendment
Gun ownership issues
The Brady Law
The Fourth Amendment
Requires probable cause
Forbids unreasonable
search and seizure
Exclusionary Rule:
Weeks v. United States
Mapp v. Ohio
The Fifth Amendment
Guarantees:
Due process: substantive & procedural
Prohibits:
Double jeopardy
Self-incrimination
The Sixth Amendment
Establishes requirements for criminal trials:
A speedy public trial by an impartial jury of one’s
peers
Be informed of the nature and cause of the accusation
Be confronted with and able to cross-examine
witnesses against one’s self
Subpoena witnesses in one’s defense
Be represented by legal counsel
The Eighth Amendment
Bail
Cruel and unusual
punishment – issues
regarding the death
penalty
The Ninth Amendment
Government powers are
limited by the rights of
the people
Griswold v. Connecticut
(1965) – zones of
privacy
The Fourteenth Amendment
Selective Incorporation Doctrine
only those provisions of the Bill of Rights fundamental to the
American legal process are applicable to the states through the due
process clause
the Second Amendment remains nonincorporated (i.e., not made
applicable to the states)
Due Process
Specifically orders state and local officers to provide the legal
protections of due process.
Equal Protection
“all people are created equal”
Felony
a serious crime
generally punishable
by death or
imprisonment for more
than one year
Misdemeanor
generally punishable
by a fine or a short
term of confinement,
usually less than one
year
Actus reus
material
elements of the criminal act
Mens rea
criminal intent
Police Power
Police power is derived from the U.S. Constitution,
U.S. Supreme Court decisions, federal statutes, state
constitutions, state statutes, state court decisions and
various municipal charters and ordinances.
Police power ultimately rests with the people because
their elected representatives create the laws that the
police enforce.
Police power is restricted by the Constitution, the 14th
Amendment, and the courts.
White-Collar Crime
Referred to as economic crime and includes:
Credit card and check fraud ( incl. identity theft)
Securities theft and fraud
Insurance fraud
Consumer fraud, illegal competition and deceptive practices
Bankruptcy fraud
Embezzlement and pilferage
Bribes, kickbacks, and payoffs
Receiving stolen property.
Organized Crime
Characterized by corruption and enforcement powers
Mafia/La Cosa Nostra (Italian) –most well-known
Russian organized crime (ROC) becoming an
increasing threat
Phishing – on the rise and linked to organized crime
groups
Bias Crime
Also called hate crime
Motivated by:
Race (most frequent)
Religion
Disability
Sexual orientation
Ethnicity
Why do we have police?
It is the police who can demand conformity to
society’s laws and expectations.
Police are necessary when coercion is required to
enforce the laws.
Sources of Police Authority
Constitution and Bill of Rights
Federal Government
(laws)
State Government
(laws)
Local Government
(laws)
Citizens
Federal Courts
State Courts
Local Courts
Traditional Goals of Policing
Enforce laws.
Preserve the peace.
Prevent crimes.
Protect civil rights and civil liberties.
Provide services.
