Chapter 11 "Origins and Organizations of The Courts"
Vocabulary
1. expert witness - a person called to testify because of his or her special expertise in an area at issue in a legal proceeding.
2. U.S. District Courts - Federal trial courts of general jurisdiction
3. U.S. Courts of Appeals - Intermediate federal appellate courts.
4. U.S. Supreme Courts - the highest court in the United States, which hears final appeals in cases involving federal law, suits between states, and interpretations of the U.S. Constitution.
5. writ of certiorari - a legal order from the U.S. Supreme Court stating that a lower court must forward the record of a particular case for review.
6. judicial review - The U.S. Supreme Court's authority to review the constitutionality of acts Congress.
7. prosecutors - elected or appointed officials who represent the community in bringing charges against an accused person.
8. district attorneys - the name for city and county prosecutors in many jurisdictions.
9. defense attorneys - attorneys who represent the legal rights of the accused in criminal or civil proceedings.
10. assigned counsel - a private attorney appointed by the court on a case-by-case basis from a list of available attorneys.
11. contract attorney programs - programs in which private attorneys, firms, or local bar associations provide legal representation to indigent defendants for a specific period contracted with the county.
12. public defenders - salaried attorneys paid by the government to represent indigents charged with crimes.
13. judge - a person who objectively assesses the strength of a case, rules on issues of law and procedure, and in many cases determines the disposition of a case.
14. merit selection - a method for selecting judges that involves a combination of appointment and election.
15. U.S. magistrates - judges appointed by the U.S. District Court judges to conduct pretrial hearings and trials for minor civil and criminal offenses in federal court.
16. Victim Impact Statements - statements by victims to the judge before sentencing about how the crime has harmed them.
17. Victims Bill of Rights - legal changes that formally recognize the role and rights of victims in the justice process.
18. Courtroom Work Group - The prosecutors, defense counsel, judges, and other courtroom personnel who represent distinct interests but share the goal of shepherding large numbers of cases through the adjudication process.
19. felony drug courts - courts that only handle drug offenses and attempt to correct underlying causes of the illegal conduct.
20. dispute resolution - a method of handling complaints outside the judicial process through a mediator appointed by the court.
21. community prosecution - a program in which prosecutors intervene in all disorderly behavior that affects the quality of life in a neighborhood.
22. community courts - decentralized courts that respond to neighborhood conditions using citizen advisory committees, volunteers, and teen courts.
Outline
How Were Criminal Courts Similar and Different In the Past?
`Although celebrated cases have occurred on occasion in the past, in many cases lawyers were absent from the trial. Misdemeanor cases were handled in a nonprofessional fashion; the processing of felonies tended to be more formal, as it is today.
`Until the late 1800s defendants could not act as witnesses or take the stand in their own defense. Today defendants are permitted to testify under oath.
How Did The State and Federal Court Systems Develop?
`The vast majority of criminal cases are heard in state courts, because most felonies are defined by state laws.
`There are three levels of jurisdiction: limited, general, and appellate.These are found in all state court systems, but each state determines how its system is organized.
`The legal authority of courts of limited jurisdiction is restricted to certain types of cases. Courts of general jurisdiction are often referred to as trial courts, and most felony trial s are held as this level. Appellate courts hear appeals from courts of general jurisdiction.
`The federal court system parallels the state court systems. There are courts of limited jurisdiction such as the U.S. Courts of Claims. There are also courts of general jurisdiction, the U.S. district courts ; these are located throughout the country and hear cases involving alleged violations of federal law.
`The are two levels of federal appellate courts. The intermediate level consists of U.S. courts of appeals. The highest level is the U.S. Supreme Court.
`All cases heard by the Supreme Court involve interpretations of the U.S. Constitution. The Court can choose which cases it will hear through a procedure termed certiorari; a writ of certiorari is issued when four or more justices believe that the legal issues presented in a case merit review.
`The decisions of the Supreme Court are made by a majority vote of the nine justices, who are appointed for life by the president with the consent of the Senate.
Who Are The Participants In the Judicial Process?
`Prosecutors represent the community in bringing charges against an accused person. Most prosecutors are elected officials and therefore may feel pressure to make "popular" prosecution decisions. Other influences on prosecutors' decisions include caseload pressures and the need to maintain good relations with other actors in the adjudication process.
`Defense attorneys represent the legal rights of the accused in criminal proceedings. They examine the evidence used to establish probable cause and assess the strength of the evidence to be used to prove guilt.
`The duties of judges are to objectively assess the strength of a case, to rule on issues of law and procedure, and sometimes to determines the ultimate disposition of a case. Judges are selected in a variety of ways, including appointment, nonpartisan election, and merit selection.
`Two recent reform movements - state court unification and the establishment of U.S. magistrates - have increased the quality of the judicial system.
`Victims and witnesses are not represented by specific actors in the adjudication process. In recent years there have been efforts to give victims a greater role in the process, usually at sentencing and at parole hearings.
`A proposed constitutional amendment would give victims legal authority to object plea bargaining, guarantee a speedy trial, require full restriction by the offender, and provide protection of victims where necessary.
`The right to a jury trial is stated in the Constitution, but historically it has been difficult to obtain a jury that represents the community. Expert witnesses are used to help a jury understand technical issues.
`Prosecutors, defense counsel, and judges can be viewed as a court room work group. Although they represent distinct interests, these actors share the goal of moving large numbers of cases though the adjudication process.
How Are Specialized And Alternative Courts Changing The Court System?
`Improved judicial quality, specialized courts such as felony drug courts, and alternatives to the court room are good news for the future of the court system.
`Dispute resolution, community prosecution, and community courts are three alternatives to formal adjudication in criminal court; all three of these approaches attempt to achieve dispositions that match the offense and will prevent crimes in the future.
Tuesday, April 24, 2007
Chapter 10 Vocabulary & Outline
Chapter Ten "Issues in Law Enforcement & Police Behavior" Vocabulary
1. racial profiling - alleged practice whereby police stop and search minority for minor violations significantly more often than whites.
2. police stress - emotional pressure that is produced by the nature of police work such as public apathy, exposure to criminals and injury to fellow officers.
3. cynicism - a belief that human conduct is motivated entirely by self interest. A cynical person attributes all actions to selfish motives and has a pessimistic outlook on human behavior.
4. anomie- a "normlessness" or lack of attachment felt by some people toward their society.
5. socialization method - the view that holds that police officers learn their attitudes and values from socializing experiences such as experience on the job and education.
6. predispositional model - the view that the attitudes and values of police officers are developed prior to entry into the law enforcement profession.
7. authoritarianism - a tendency to favor blind obedience to authority
8. dogmatism - an attitude characterized by tenacious adherence to ones opinions even though they may be unwarranted, and based on insufficiency examined premises.
9. police discretion - the ability to choose between arrest and nonarrest solely on the basis of the officers judgement.
10. selective enforcement - an unwritten policy in which police are not required to fully enforce all laws as written.
11. policy pursuits - police chases of suspects immediately after a crime has been committed.
12. clearance rate - the proportion of open crime cases that are solved through the arrest of a suspect by police.
13. police corruption - illegal acts or omissions of acts by police officers who, by virtue of their official position, receive (or intend to receive) any gain for themselves or others.
14. nonfeasance - a form of police corruption involving failure to perform a legal duty.
15. misfeasance - a form of police corruption involving failure to perform a legal duty in a proper manner.
16. malfeasance - a form of police corruption involving commission of an illegal act.
17. deviant police subculture hypothesis - the view that some police departments have groups of officers who place loyalty to each other above obedience to the law.
18. deadly force - the use of lethal force by police against a suspect
19. fleeing felon rule - the now obsolete common law rule that police can use deadly force against any felon who flees the scene of a crime.
20. police brutality - use of excessive physical force by police in carrying out their duties.
Outline
Is There Such a Thing As A Police Personality?
`Many myths and stereotypes about police develop because most people have comparatively little contact with police and tend to generalize from media images of incidents that are not typical.
`There are three styles of policing: the watchman, legalistic, and service styles.
`Current research on police attitudes toward their jobs show that police develop these attitudes through job experiences rather than through preexisting personality traits.
`Authoritarian attitudes are more likely to be found in officers without a college education who have been on the job a long times. Officers with less education have also been found to be more dogmatic than those with higher levels of education.
`Current research on police attitudes toward the public indicates that police are affected by citizens by citizens negative sentiment toward them but that they remain dedicated to the job.
How Should Police Performance Be Evaluated?
`Various measures of police response to crime have been used, but most have problems stemming from the fact that the police are primarily reactive and cannot spend unlimited time on unsolved cases.
`The number of arrests resulting in prosecutions is, however, a useful indicator of police performance.
`Police spend a great deal of time on noncriminal matters, and their community service function should be taken into account in evaluations of their performance.
What Are Some Forms of Police Corruption?
`Police corruption takes three forms:
nonfeasance (failure to perform a legal duty), misfeasance (failure to perform a legal duty in a proper manner), and malfeasance (commission of an illegal act).
`Some explanations of police corruption focus on individual "rotten apples," whereas others focus on the "barrel" - the whole department. Most experts reject individual explanations and suggest that there is a deviant police subculture or that corruption results from secrecy within departments.
`Still other explanations look to external factors such as laws that are difficult to enforce or a weak local government.
`Prevention of corruption depends on careful identification of its causes.
What is Legitimate Use of Deadly Force?
`Research on civilian fatalities due to police shootings has found that such incidents are underreported.
`The Supreme Court has ruled that police may use deadly force to stop a suspect only if the suspect threatens the officer with a weapon or there is probable cause to believe that the suspect is dangerous.
`Police brutality occurs when police use excessive physical force in carrying out their duties.
`Police officers may be held liable under the Fourth Amendment when they use excessive force.
1. racial profiling - alleged practice whereby police stop and search minority for minor violations significantly more often than whites.
2. police stress - emotional pressure that is produced by the nature of police work such as public apathy, exposure to criminals and injury to fellow officers.
3. cynicism - a belief that human conduct is motivated entirely by self interest. A cynical person attributes all actions to selfish motives and has a pessimistic outlook on human behavior.
4. anomie- a "normlessness" or lack of attachment felt by some people toward their society.
5. socialization method - the view that holds that police officers learn their attitudes and values from socializing experiences such as experience on the job and education.
6. predispositional model - the view that the attitudes and values of police officers are developed prior to entry into the law enforcement profession.
7. authoritarianism - a tendency to favor blind obedience to authority
8. dogmatism - an attitude characterized by tenacious adherence to ones opinions even though they may be unwarranted, and based on insufficiency examined premises.
9. police discretion - the ability to choose between arrest and nonarrest solely on the basis of the officers judgement.
10. selective enforcement - an unwritten policy in which police are not required to fully enforce all laws as written.
11. policy pursuits - police chases of suspects immediately after a crime has been committed.
12. clearance rate - the proportion of open crime cases that are solved through the arrest of a suspect by police.
13. police corruption - illegal acts or omissions of acts by police officers who, by virtue of their official position, receive (or intend to receive) any gain for themselves or others.
14. nonfeasance - a form of police corruption involving failure to perform a legal duty.
15. misfeasance - a form of police corruption involving failure to perform a legal duty in a proper manner.
16. malfeasance - a form of police corruption involving commission of an illegal act.
17. deviant police subculture hypothesis - the view that some police departments have groups of officers who place loyalty to each other above obedience to the law.
18. deadly force - the use of lethal force by police against a suspect
19. fleeing felon rule - the now obsolete common law rule that police can use deadly force against any felon who flees the scene of a crime.
20. police brutality - use of excessive physical force by police in carrying out their duties.
Outline
Is There Such a Thing As A Police Personality?
`Many myths and stereotypes about police develop because most people have comparatively little contact with police and tend to generalize from media images of incidents that are not typical.
`There are three styles of policing: the watchman, legalistic, and service styles.
`Current research on police attitudes toward their jobs show that police develop these attitudes through job experiences rather than through preexisting personality traits.
`Authoritarian attitudes are more likely to be found in officers without a college education who have been on the job a long times. Officers with less education have also been found to be more dogmatic than those with higher levels of education.
`Current research on police attitudes toward the public indicates that police are affected by citizens by citizens negative sentiment toward them but that they remain dedicated to the job.
How Should Police Performance Be Evaluated?
`Various measures of police response to crime have been used, but most have problems stemming from the fact that the police are primarily reactive and cannot spend unlimited time on unsolved cases.
`The number of arrests resulting in prosecutions is, however, a useful indicator of police performance.
`Police spend a great deal of time on noncriminal matters, and their community service function should be taken into account in evaluations of their performance.
What Are Some Forms of Police Corruption?
`Police corruption takes three forms:
nonfeasance (failure to perform a legal duty), misfeasance (failure to perform a legal duty in a proper manner), and malfeasance (commission of an illegal act).
`Some explanations of police corruption focus on individual "rotten apples," whereas others focus on the "barrel" - the whole department. Most experts reject individual explanations and suggest that there is a deviant police subculture or that corruption results from secrecy within departments.
`Still other explanations look to external factors such as laws that are difficult to enforce or a weak local government.
`Prevention of corruption depends on careful identification of its causes.
What is Legitimate Use of Deadly Force?
`Research on civilian fatalities due to police shootings has found that such incidents are underreported.
`The Supreme Court has ruled that police may use deadly force to stop a suspect only if the suspect threatens the officer with a weapon or there is probable cause to believe that the suspect is dangerous.
`Police brutality occurs when police use excessive physical force in carrying out their duties.
`Police officers may be held liable under the Fourth Amendment when they use excessive force.
Saturday, April 21, 2007
Chapter 9 Vocabulary & Outline
Chapter Nine "Origins & Organizations of Law Enforcement" Vocabulary
1. mutual pledge system: a system of community self-responsibility that existed in Britain during the Middle Ages, in which residents were held responsible for the conduct of their neighbors.
2. constable: a citizen in charge of weapons and equipment for one hundred families in a geographic area. In England, constables were appointed by a local nobleman beginning around the year 900.
3.shire reeve: an official apponited by the Britxh Crown who was responsible for overseeing the constables and several hundred families in a given area (called a shire), the modern word 'sheriff' is derived from this term.
4. watch and ward system: a system established in England in 1285 to aid constables in their law enforcement efforts, men from each town were required to take turns standing watch at night. Crime suspects were turned over to the constable.
5. justice of the peace: an office established by Edward II in 1326 to assist the sheriff in enforcing the law. Eventually the role of the justice of the peace shifted to adjudication, while the sheriff's retained their local peacekeeping function.
6. preventive police: the first organized police department in London, established in 1829. The popular English name for police officers, "bobbies" comes from Sir Robert Peel, a founder of the the Metropolitan Police
7. crime commissions: early 20th century crime commissions included the Chicago Crime Commission (1919), The National Crime Commission (1925), and the Wickersham Commission (1931). These commissions focused on the improved operation of the criminal justice system as the best way to reduce crime.
8. progressivism: early 20th century era in policing that focused on efficiency, professionalism, and improved technology.
9. professionalization: those changes in police organization, administration, and technology aimed at improving the efficiency of the police in the deteremce and apprehension of criminals.
10. Law Enforcement Assistance Administration: (LEAA) established in 1968, LEAA ws setup with in the U.S. Department of Justice to allocate money to improve the efficiency and effectiveness of the criminal justice system. Between 1968 and 1977 the LEAA spent more than 6 billion on crime control programs and college education for police officers.
11. local police: the police departments of municipalties, local law enforcement also includes county sheriffs and special police agencies such as park, airport, transit and university police.
12. community policing: a service oriented style of law enforcement that focuses on disorder in the community, crime prevention, and fear reduction (as opposed to the traditional focus on serious street crimes)
13. weed and seed: federal programs that combine enforcement with community services in an effort to reduce crime in neighborhoods.
14. state police: enforcement agencies primarily engaged in highway patrol activities. About half of state polic agencies also have the authority to conduct investigative work.
15. federal law enforcement: seventeen different agencies that investigate violations of federal law. Unlike state police agencies, few federal agencies engage in patrol work; most perform exclusively investigative functions.
16. transnational law enforcement: international agreements and law enforcement efforts that attempt to serve the interests of all nations in the face of the growth of international travel, the transnational nature of the Internet and the threat of international organized crime and terrorism.
17. interpol: the International Criminal Police Organization composed of 177 member nations. It assists member law enforcement agencies, requiring information about crimes or criminal of a transnational nature.
18. multijurisdictional task forces: multiagency efforts to combat multijurisdictional crimes allowing for pooling of evidence, personnel and expertise and to reduce unneccessary duplication of effort.
19. private security: law enforcement agencies that protect private property and are paid by private individuals and corporations.
Outline
How Did Policing Evolve?
`Before police departments were formally established, less formal measures of self-protection were used. In the mutual pledge system, everyone in the community was responsible for everyone else. In the watch and ward system, men from each town were required to take turns standing watch at night.
`The invention of gin was a catalyst for the establishment of publig policing. Although the gin craze abated, the fear of crime did not. This led to the creation of the Bow Street Runners, a private agency that patrolled the streets.
`The first police force was establsihed in London in 1829. Police officers patrolled specific areas and were organized in a paramilitary fashion to maintain discipline.
`The first daytime police forve in the United Stated was established in Boston in 1838, New York was the first city to create a unified day and night police force. By 1900 nearly every city of any size had established a full-time police force.
`Urban police forces were plagues by problmes of low pay, disrespect, and ineffectiveness. During the Progressice Era there was a movement towward police efficiency, professionalism, and improved technology.
`Police effectiveness was increased through improved investigative techniques and better selection and training procedures.
What is The Organization of Law Enforcement?
`The vast majority of police agencies are found at the local level of government. Local police enforce appilcable state laws, local ordinances, and traffic laws; they also investigate accidents and suspected crimes.
`State police agencies enforce state laws and investigate accidents. They include specialized law enforcement agencies for such purposes as alcohol control.
`There are seventeen different federal law agencies that enforce lawas enacted by Congress. The largest federal agencies are the Federal Bureau of Prisons, and the Immigration and Naturalization Service.
`The growth of international travel, the transnational nature of the Internet, and the Immigration and Naturalization Service.
Who are the Police?
`Police selection processes vary among police departments, but most agencies require applicants to pass a written test, physical agility test, drug test, medical exma (including visual and hearing test), oral interview, psychological assessment, polygraph test, and background investication. The typical police agency requires more that 800 hours of classroom training for new recruits.
`Police offices are increasingly female and minorities, although there continue to be cases of harassment and discrimination within some police departments, despite the fact that performance studies and victim interviews show that females and minority officers perform well and are accepted by the public.
What Are Some Concerns About Policing In the United States?
`Policing faces a dilemma: There is a need to organize law enforcement efforts in amore efficient way. However, there is also reluctance to provide the necessary resources and authority.
`Innovations in equipment have contributed to improved police work. However, the introduction of 911 lines led to unanticipated problems due to an extremely high volume of calls.
`Reliance on technology in policing is increasinging with the updated National Crime Information Center, which will allow for police to access criminal histories, wanted persons files, and fingerprint comparisons via cimputers in their patrol cars. DNA banking is enabling police to compare human tissue found at crime scenes with a database of known offenders to solve more crimes.
`Media images of police work often distort the true nature of policing, providing the public with an unrealistic view of capabilities and performance of police.
`Private security is a burgeoning industry, taking on law enforcement tasks in areas where public police forces do not adapt sufficiently to social and technological changes.
1. mutual pledge system: a system of community self-responsibility that existed in Britain during the Middle Ages, in which residents were held responsible for the conduct of their neighbors.
2. constable: a citizen in charge of weapons and equipment for one hundred families in a geographic area. In England, constables were appointed by a local nobleman beginning around the year 900.
3.shire reeve: an official apponited by the Britxh Crown who was responsible for overseeing the constables and several hundred families in a given area (called a shire), the modern word 'sheriff' is derived from this term.
4. watch and ward system: a system established in England in 1285 to aid constables in their law enforcement efforts, men from each town were required to take turns standing watch at night. Crime suspects were turned over to the constable.
5. justice of the peace: an office established by Edward II in 1326 to assist the sheriff in enforcing the law. Eventually the role of the justice of the peace shifted to adjudication, while the sheriff's retained their local peacekeeping function.
6. preventive police: the first organized police department in London, established in 1829. The popular English name for police officers, "bobbies" comes from Sir Robert Peel, a founder of the the Metropolitan Police
7. crime commissions: early 20th century crime commissions included the Chicago Crime Commission (1919), The National Crime Commission (1925), and the Wickersham Commission (1931). These commissions focused on the improved operation of the criminal justice system as the best way to reduce crime.
8. progressivism: early 20th century era in policing that focused on efficiency, professionalism, and improved technology.
9. professionalization: those changes in police organization, administration, and technology aimed at improving the efficiency of the police in the deteremce and apprehension of criminals.
10. Law Enforcement Assistance Administration: (LEAA) established in 1968, LEAA ws setup with in the U.S. Department of Justice to allocate money to improve the efficiency and effectiveness of the criminal justice system. Between 1968 and 1977 the LEAA spent more than 6 billion on crime control programs and college education for police officers.
11. local police: the police departments of municipalties, local law enforcement also includes county sheriffs and special police agencies such as park, airport, transit and university police.
12. community policing: a service oriented style of law enforcement that focuses on disorder in the community, crime prevention, and fear reduction (as opposed to the traditional focus on serious street crimes)
13. weed and seed: federal programs that combine enforcement with community services in an effort to reduce crime in neighborhoods.
14. state police: enforcement agencies primarily engaged in highway patrol activities. About half of state polic agencies also have the authority to conduct investigative work.
15. federal law enforcement: seventeen different agencies that investigate violations of federal law. Unlike state police agencies, few federal agencies engage in patrol work; most perform exclusively investigative functions.
16. transnational law enforcement: international agreements and law enforcement efforts that attempt to serve the interests of all nations in the face of the growth of international travel, the transnational nature of the Internet and the threat of international organized crime and terrorism.
17. interpol: the International Criminal Police Organization composed of 177 member nations. It assists member law enforcement agencies, requiring information about crimes or criminal of a transnational nature.
18. multijurisdictional task forces: multiagency efforts to combat multijurisdictional crimes allowing for pooling of evidence, personnel and expertise and to reduce unneccessary duplication of effort.
19. private security: law enforcement agencies that protect private property and are paid by private individuals and corporations.
Outline
How Did Policing Evolve?
`Before police departments were formally established, less formal measures of self-protection were used. In the mutual pledge system, everyone in the community was responsible for everyone else. In the watch and ward system, men from each town were required to take turns standing watch at night.
`The invention of gin was a catalyst for the establishment of publig policing. Although the gin craze abated, the fear of crime did not. This led to the creation of the Bow Street Runners, a private agency that patrolled the streets.
`The first police force was establsihed in London in 1829. Police officers patrolled specific areas and were organized in a paramilitary fashion to maintain discipline.
`The first daytime police forve in the United Stated was established in Boston in 1838, New York was the first city to create a unified day and night police force. By 1900 nearly every city of any size had established a full-time police force.
`Urban police forces were plagues by problmes of low pay, disrespect, and ineffectiveness. During the Progressice Era there was a movement towward police efficiency, professionalism, and improved technology.
`Police effectiveness was increased through improved investigative techniques and better selection and training procedures.
What is The Organization of Law Enforcement?
`The vast majority of police agencies are found at the local level of government. Local police enforce appilcable state laws, local ordinances, and traffic laws; they also investigate accidents and suspected crimes.
`State police agencies enforce state laws and investigate accidents. They include specialized law enforcement agencies for such purposes as alcohol control.
`There are seventeen different federal law agencies that enforce lawas enacted by Congress. The largest federal agencies are the Federal Bureau of Prisons, and the Immigration and Naturalization Service.
`The growth of international travel, the transnational nature of the Internet, and the Immigration and Naturalization Service.
Who are the Police?
`Police selection processes vary among police departments, but most agencies require applicants to pass a written test, physical agility test, drug test, medical exma (including visual and hearing test), oral interview, psychological assessment, polygraph test, and background investication. The typical police agency requires more that 800 hours of classroom training for new recruits.
`Police offices are increasingly female and minorities, although there continue to be cases of harassment and discrimination within some police departments, despite the fact that performance studies and victim interviews show that females and minority officers perform well and are accepted by the public.
What Are Some Concerns About Policing In the United States?
`Policing faces a dilemma: There is a need to organize law enforcement efforts in amore efficient way. However, there is also reluctance to provide the necessary resources and authority.
`Innovations in equipment have contributed to improved police work. However, the introduction of 911 lines led to unanticipated problems due to an extremely high volume of calls.
`Reliance on technology in policing is increasinging with the updated National Crime Information Center, which will allow for police to access criminal histories, wanted persons files, and fingerprint comparisons via cimputers in their patrol cars. DNA banking is enabling police to compare human tissue found at crime scenes with a database of known offenders to solve more crimes.
`Media images of police work often distort the true nature of policing, providing the public with an unrealistic view of capabilities and performance of police.
`Private security is a burgeoning industry, taking on law enforcement tasks in areas where public police forces do not adapt sufficiently to social and technological changes.
Thursday, April 19, 2007
Chapter 8 Vocabulary & Outline
Chapter Eight "Criminal Procedure & The Police" Vocabulary
1. frisk - a patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made.
2. search- an explanatory inspection of a person or property based on probable cause of law violation.
3. seizure - confiscation of property oocuring when there is some meaningful interference with the individuals possession of property.
4. reasonable suspicion - a situation in which a police officer has good reason to believe that criminal activity may be occuring; this permits a brief investigative inquiry of the suspect.
5. exclusionary rule - a legal principle that holds that illegally seized evidence must be excluded from use in trials.
6. good faith exception - a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge.
7. Fifth Amendment - the amendment to the Constitution that includes protection against self-incrimination
8. Miranda warning - a five-point warning derived from the case of Miranda v. Arizona. It's purpose is to provide fair notice to crime suspects of thier basic constitutional rights.
9. public safety exception - police may omit the Miranda warning prior to quiestioning a suspect when public safety is jeoparized.
Outline
What if the Role of Police in Criminal Procedure?
`A frisk is a pattting down of an individuals outer clothing on the basis of a reasonable suspicion, whereas a search is an explanatory quest for evidence. Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety. Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed.
`The exclusionary rule holds that illegally seized evidence must be excluded from trials. The "good faith" exception to this rule occurs when police conduct a sezrch on the basis of a warrant that is later found to be defective.
`Searches may be conducted without a awarrant if they are incident to a lawful arrest; are conducted with voluntary consent; or involove evidence in plain view, automobile and thiedr contents, or open fields and abandoned property.
The Fifth Amendment
`The Fifth Amendment provides for grand juries, protection against double jeopardy, and protection from self-incrimination. It has had its greatest impact on interrogations and confessions obtained by the police.
`To ensure protection against self-incrimination, suspects taken into custody must be read the Miranda warning, which states that the suspect has the right to remain silent and to have an attorney present during questioning.
`The Supreme Court has established some exceptions to the Miranda rule. These include the public safety exception, in which a suspect may be asked questions prompted by concern for public safety before being read the Miranda warning.
Impacts of Procedural Law on Law Enforcement
`Debate continues about the benefits of the exclusionary rule and Miranda for citizens and for law enforcement, reflecting continuing conflict in the balance to be struck among the interests of the government, the public interest, and the rights of private citizens.
`The importance of confessions to police work is limited because most suspects are taken into cutody based on other evidence.
1. frisk - a patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made.
2. search- an explanatory inspection of a person or property based on probable cause of law violation.
3. seizure - confiscation of property oocuring when there is some meaningful interference with the individuals possession of property.
4. reasonable suspicion - a situation in which a police officer has good reason to believe that criminal activity may be occuring; this permits a brief investigative inquiry of the suspect.
5. exclusionary rule - a legal principle that holds that illegally seized evidence must be excluded from use in trials.
6. good faith exception - a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge.
7. Fifth Amendment - the amendment to the Constitution that includes protection against self-incrimination
8. Miranda warning - a five-point warning derived from the case of Miranda v. Arizona. It's purpose is to provide fair notice to crime suspects of thier basic constitutional rights.
9. public safety exception - police may omit the Miranda warning prior to quiestioning a suspect when public safety is jeoparized.
Outline
What if the Role of Police in Criminal Procedure?
`A frisk is a pattting down of an individuals outer clothing on the basis of a reasonable suspicion, whereas a search is an explanatory quest for evidence. Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety. Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed.
`The exclusionary rule holds that illegally seized evidence must be excluded from trials. The "good faith" exception to this rule occurs when police conduct a sezrch on the basis of a warrant that is later found to be defective.
`Searches may be conducted without a awarrant if they are incident to a lawful arrest; are conducted with voluntary consent; or involove evidence in plain view, automobile and thiedr contents, or open fields and abandoned property.
The Fifth Amendment
`The Fifth Amendment provides for grand juries, protection against double jeopardy, and protection from self-incrimination. It has had its greatest impact on interrogations and confessions obtained by the police.
`To ensure protection against self-incrimination, suspects taken into custody must be read the Miranda warning, which states that the suspect has the right to remain silent and to have an attorney present during questioning.
`The Supreme Court has established some exceptions to the Miranda rule. These include the public safety exception, in which a suspect may be asked questions prompted by concern for public safety before being read the Miranda warning.
Impacts of Procedural Law on Law Enforcement
`Debate continues about the benefits of the exclusionary rule and Miranda for citizens and for law enforcement, reflecting continuing conflict in the balance to be struck among the interests of the government, the public interest, and the rights of private citizens.
`The importance of confessions to police work is limited because most suspects are taken into cutody based on other evidence.
Monday, April 16, 2007
Music Activity
Music Activity
Father: William Castro Year of Birth: 1960Years of Age Ranging from 16-19: 1976-1979
In the year 1976, my father was sixteen years old.
The Top Ten Singles of 1976 1. Disco Lady – Johnnie Taylor 2. Don’t Go Breaking My Heart – Elton John and Kiki Dee 3. Play That Funky Music – Wild Cherry 4. Tonight’s The Night – Rod Stewart 5. Kiss And Say Goodbye – The Manhattans 6. Silly Love Songs – Paul McCartney and Wings 7. A Fifth of Beethoven – Walter Murphy 8. Love Machine (Part One) – The Miracles 9. 50 Ways To Leave Your Lover – Paul Simon 10. December 1963 (Oh What A Night) - The Four SeasonsIn the year 1977, he was seventeen years old.
The Top Ten Singles of 1977
1. You Light Up My Life – Debbie Boone 2. I Just Want To Be Your Everything – Andy Gibb
3. Evergreen – Barbra Streisand 4. Undercover Angel – Alan O’day 5. I Like Dreaming – Kenny Nolan 6. Dancing Queen – Abba 7. Torn Between Two Lovers – Mary MacGregor 8. Higher And Higher – Rita Coolidge
9. Best Of My Love – The Emotions 10. Southern Nights – Glen Campbell
In the year 1978, he became turned eighteen. The Top Ten Singles of 1978
Night Fever – BeeGees
Shadow Dancing – Andy Gibb
Staying Alive – BeeGees
Kiss You All Over – Exile
Three Times A Lady – Commodores
Boogie Oogie Oogie – A Taste of Honey
Baby Come Back – Player
Emotion – Samantha Sang
You’re The One That I Want – John Travolta and Olivia Newton-John
Grease – Frankie Valli
In the year 1979, he was nineteen.
The Top Ten Singles of 1979
My Sharona – The Knack
Le Freak – Chic
Do Ya Think I’m Sexy – Rod Stewart
Bad Girls – Donna Summer
YMCA – Village People
Reunited – Peaches and Herb
Ring My Bell – Anita Ward
I Will Survive – Gloria Gaynor
Too Much Heaven – BeeGees
Hot Stuff – Donna Summer
Response: I enjoyed this assignment very much. It gave me incite to who my father is as a person and not just as who he is to me. When my dad heard the song Disco Lady by Jhonnie Taylor, he said it reminds him of being free and having no worries at the age of sixteen. He remembers that the song came out while he was in the ninth grade and the year Guam was hit by Supertyphoon Pamela. This song triggered memories of receiving his promotion certificate by mail because schools had been shut down due to the typhoon. He enjoys the beat and the soul of the music.
When I played the song You Light Up My Life he instantly told me that a young girl dedicated this song to him in the tenth grade. He says she wanted to be his girlfriend but his obligation to sports and his friends left her out. At that moment in life he cared more about his performance in community sports rather than being with a girl.
My dad was in the eleventh grade when he first heard the song Night Fever. At first he thought John Travolta sang it. Then he remembered that it was the Bee Gees. He says the Bee Gees were really popular at the time.
The song My Sharona sparked an emotion. He remembers being a senior in high school and not knowing what to do with his life. He recalls listening to this song on the way down to take his ASVAB for the army. He and a bunch of friends went down to the recruiting office spontaneously and only he ended up enlisting. He remembers being unsure of himself.
Surprisingly my dad’s favorite song his senior year was Torn Between Two Lovers. He always sang it jokingly because at one point he was dating two girls at one time. Although he laughs about it now, he feels karma is coming back to him through his three daughters.
Mother: Susan M. AtoigueYear of Birth: 1967Years of Age Ranging from 16-19: 1983-1986
In the year 1983, my mother was sixteen years old.
Top Ten Singles of 19831. Billie Jean – Michael Jackson
2. Every Breath You Take – The Police3. Back On The Chain Gang/ My City was Gone - Pretenders4. Looking For The Perfect Beat – Afrika Bambaataa & The Soul Sonic Force5. Little Red Corvette – Prince6. Electric Avenue – Eddie Grant7. Beat It – Michael Jackson8. White Lines (Don’t Do It) – Grandmaster Flash & Mellie Mel9. It’s Like That/ Sucker M.C’s – Run-D.M.C.
10. Burning Down The House – Talking Heads
In the year 1984, my mother was seventeen years old. Top Ten Singles of 1984
1. When Doves Cry - Prince
2. What's Love Got To Do With It - Tina Turner
3. Jump - Van Halen
4. Karma Chameleon - Culture Club
5. Like A Virgin -Madonna
6. Hello - Lionel Richie
7. Owner Of A Lonely Heart -Yes
8. Against All Odds (Take A Look At Me Now) - Phil Collins
9. Footloose - Kenny Loggins
10. Ghostbusters - Ray Parker, Jr.In the year 1985, my mother was eighteen years old. Top Ten Singles of 19851. Careless Whisper - Wham!
2. Say You, Say Me - Lionel Richie
3. Separate Lives - Phil Collins & Marilyn Martin
4. I Want To Know What Love Is - Foreigner
5. Money For Nothing - Dire Straits
6. We Are The World - USA for Africa
7. Broken Wings - Mr. Mister
8. Everybody Wants To Rule The World - Tears for Fears
9. The Power Of Love - Huey Lewis & The News
10. We Built This City - Starship
In the year 1986, my mother was nineteen years old.Top Ten Singles of 1986
1. Faith - George Michael
2. Alone - Heart
3. I Wanna Dance With Somebody (Who Loves Me) - Whitney Houston
4. C'est la Vie - Robbie Nevil
5. Shake You Down - Gregory Abbott
6. La Bamba - Los Lobos
7. Livin' On A Prayer - Bon Jovi
8. Here I Go Again - Whitesnake
9. Heaven Is A Place On Earth - Belinda Carlisle
10. (I've Had) The Time Of My Life - Bill Medley & Jennifer Warnes
Response:
When my mom heard the song Billy Jean she instantly stated that the song reminded her of when she stayed in Italy. She recalls strolling with her boyfriend in his car with her best friend in the backseat. She remembers hanging out on the Italian beach San Cibina with her friends from the military school where she graduated from. “Your dad loves Michael Jackson”, she laughs. When she heard the song from Prince, she remembers watching him on television from Italy. “He was wearing a silk white outfit” she adds in.
She tells me about her junior year in high school. She was a cheerleader and after each game, the entire class would go to the beach. Although, she hated leaving Guam, she loved her stay in Italy and ended up really attached to her new friends and surroundings. She loved to wear lace ankle socks and pumps. When she heard the song Careless Whisper, it brought her back to her senior prom, where she was crowned prom queen. She loves to sing this song to when she karaokes. She tells me of her prom night, where once again her class went to the beach after hitting the clubs. They built a bonfire and drank beer and hung out until the sun rose. She says that she still remembers the words to all the songs she loved when she was younger. “I had to write down the words, it is not like today where you can just type the name of the song and print out the lyrics. I recorded the songs on a tape then listened, paused, and wrote down what I heard.”
My moms favorite song her senior year was “I can’t fight this feeling” by George Michael. She loved his voice and most of his songs.
Father: William Castro Year of Birth: 1960Years of Age Ranging from 16-19: 1976-1979
In the year 1976, my father was sixteen years old.
The Top Ten Singles of 1976 1. Disco Lady – Johnnie Taylor 2. Don’t Go Breaking My Heart – Elton John and Kiki Dee 3. Play That Funky Music – Wild Cherry 4. Tonight’s The Night – Rod Stewart 5. Kiss And Say Goodbye – The Manhattans 6. Silly Love Songs – Paul McCartney and Wings 7. A Fifth of Beethoven – Walter Murphy 8. Love Machine (Part One) – The Miracles 9. 50 Ways To Leave Your Lover – Paul Simon 10. December 1963 (Oh What A Night) - The Four SeasonsIn the year 1977, he was seventeen years old.
The Top Ten Singles of 1977
1. You Light Up My Life – Debbie Boone 2. I Just Want To Be Your Everything – Andy Gibb
3. Evergreen – Barbra Streisand 4. Undercover Angel – Alan O’day 5. I Like Dreaming – Kenny Nolan 6. Dancing Queen – Abba 7. Torn Between Two Lovers – Mary MacGregor 8. Higher And Higher – Rita Coolidge
9. Best Of My Love – The Emotions 10. Southern Nights – Glen Campbell
In the year 1978, he became turned eighteen. The Top Ten Singles of 1978
Night Fever – BeeGees
Shadow Dancing – Andy Gibb
Staying Alive – BeeGees
Kiss You All Over – Exile
Three Times A Lady – Commodores
Boogie Oogie Oogie – A Taste of Honey
Baby Come Back – Player
Emotion – Samantha Sang
You’re The One That I Want – John Travolta and Olivia Newton-John
Grease – Frankie Valli
In the year 1979, he was nineteen.
The Top Ten Singles of 1979
My Sharona – The Knack
Le Freak – Chic
Do Ya Think I’m Sexy – Rod Stewart
Bad Girls – Donna Summer
YMCA – Village People
Reunited – Peaches and Herb
Ring My Bell – Anita Ward
I Will Survive – Gloria Gaynor
Too Much Heaven – BeeGees
Hot Stuff – Donna Summer
Response: I enjoyed this assignment very much. It gave me incite to who my father is as a person and not just as who he is to me. When my dad heard the song Disco Lady by Jhonnie Taylor, he said it reminds him of being free and having no worries at the age of sixteen. He remembers that the song came out while he was in the ninth grade and the year Guam was hit by Supertyphoon Pamela. This song triggered memories of receiving his promotion certificate by mail because schools had been shut down due to the typhoon. He enjoys the beat and the soul of the music.
When I played the song You Light Up My Life he instantly told me that a young girl dedicated this song to him in the tenth grade. He says she wanted to be his girlfriend but his obligation to sports and his friends left her out. At that moment in life he cared more about his performance in community sports rather than being with a girl.
My dad was in the eleventh grade when he first heard the song Night Fever. At first he thought John Travolta sang it. Then he remembered that it was the Bee Gees. He says the Bee Gees were really popular at the time.
The song My Sharona sparked an emotion. He remembers being a senior in high school and not knowing what to do with his life. He recalls listening to this song on the way down to take his ASVAB for the army. He and a bunch of friends went down to the recruiting office spontaneously and only he ended up enlisting. He remembers being unsure of himself.
Surprisingly my dad’s favorite song his senior year was Torn Between Two Lovers. He always sang it jokingly because at one point he was dating two girls at one time. Although he laughs about it now, he feels karma is coming back to him through his three daughters.
Mother: Susan M. AtoigueYear of Birth: 1967Years of Age Ranging from 16-19: 1983-1986
In the year 1983, my mother was sixteen years old.
Top Ten Singles of 19831. Billie Jean – Michael Jackson
2. Every Breath You Take – The Police3. Back On The Chain Gang/ My City was Gone - Pretenders4. Looking For The Perfect Beat – Afrika Bambaataa & The Soul Sonic Force5. Little Red Corvette – Prince6. Electric Avenue – Eddie Grant7. Beat It – Michael Jackson8. White Lines (Don’t Do It) – Grandmaster Flash & Mellie Mel9. It’s Like That/ Sucker M.C’s – Run-D.M.C.
10. Burning Down The House – Talking Heads
In the year 1984, my mother was seventeen years old. Top Ten Singles of 1984
1. When Doves Cry - Prince
2. What's Love Got To Do With It - Tina Turner
3. Jump - Van Halen
4. Karma Chameleon - Culture Club
5. Like A Virgin -Madonna
6. Hello - Lionel Richie
7. Owner Of A Lonely Heart -Yes
8. Against All Odds (Take A Look At Me Now) - Phil Collins
9. Footloose - Kenny Loggins
10. Ghostbusters - Ray Parker, Jr.In the year 1985, my mother was eighteen years old. Top Ten Singles of 19851. Careless Whisper - Wham!
2. Say You, Say Me - Lionel Richie
3. Separate Lives - Phil Collins & Marilyn Martin
4. I Want To Know What Love Is - Foreigner
5. Money For Nothing - Dire Straits
6. We Are The World - USA for Africa
7. Broken Wings - Mr. Mister
8. Everybody Wants To Rule The World - Tears for Fears
9. The Power Of Love - Huey Lewis & The News
10. We Built This City - Starship
In the year 1986, my mother was nineteen years old.Top Ten Singles of 1986
1. Faith - George Michael
2. Alone - Heart
3. I Wanna Dance With Somebody (Who Loves Me) - Whitney Houston
4. C'est la Vie - Robbie Nevil
5. Shake You Down - Gregory Abbott
6. La Bamba - Los Lobos
7. Livin' On A Prayer - Bon Jovi
8. Here I Go Again - Whitesnake
9. Heaven Is A Place On Earth - Belinda Carlisle
10. (I've Had) The Time Of My Life - Bill Medley & Jennifer Warnes
Response:
When my mom heard the song Billy Jean she instantly stated that the song reminded her of when she stayed in Italy. She recalls strolling with her boyfriend in his car with her best friend in the backseat. She remembers hanging out on the Italian beach San Cibina with her friends from the military school where she graduated from. “Your dad loves Michael Jackson”, she laughs. When she heard the song from Prince, she remembers watching him on television from Italy. “He was wearing a silk white outfit” she adds in.
She tells me about her junior year in high school. She was a cheerleader and after each game, the entire class would go to the beach. Although, she hated leaving Guam, she loved her stay in Italy and ended up really attached to her new friends and surroundings. She loved to wear lace ankle socks and pumps. When she heard the song Careless Whisper, it brought her back to her senior prom, where she was crowned prom queen. She loves to sing this song to when she karaokes. She tells me of her prom night, where once again her class went to the beach after hitting the clubs. They built a bonfire and drank beer and hung out until the sun rose. She says that she still remembers the words to all the songs she loved when she was younger. “I had to write down the words, it is not like today where you can just type the name of the song and print out the lyrics. I recorded the songs on a tape then listened, paused, and wrote down what I heard.”
My moms favorite song her senior year was “I can’t fight this feeling” by George Michael. She loved his voice and most of his songs.
Sunday, April 1, 2007
300 (2)
I thought the movie 300 was an excellent film. The three hundred Spartans who went to war against the Persians fascinated me. King Leonidas stayed true to the beliefs of Spartans, he would not surrender to the Persians. The one aspect of the movie that I enjoyed was that the Spartans determination, skill and bravery. The visuals in the film were stunning. Although I am usually do not care for war movies, I enjoyed this one. Queen Gorgo is also potrayed as a strong leader like her husband. Their devotion to eachother sparked my interest. It is very rare that you see that in gory war movies.
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