CJ211: UNIT 6The Constitution and Ethics

WELCOME BACK• Welcome back from Midterm• Any questions about anything before we

begin? • Last half of the term• Missing Assignments

• Seminar: The Constitution and Ethics-Application of the Miranda Warnings-Excessive Use of Force and the 8th Amendment-4th, 5th, 6th, and Amendments-other

WHAT DOES THE RULE OF LAW MEAN TO YOU?

RULE OF LAW• ‘The maxim that an orderly society must be

governed by established principles and known codes that are applied uniformly and fairly to all of its members.’

• “It is generally applicable legal principles establishing a standard of conduct”

• Three constitutional amendments that regulate the police and prevent abuse of power; Fourth, Fifth, and Sixth Amendments.

• First Ten Amendments

WHAT IS THE FOURTH AMENDMENT?

FOURTH AMENDMENT• (probable cause, exclusionary rule, arrest,

search and seizure, electronic surveillance, and lineups)

• “The rights of the people to be secure in their persons, papers, and effects against unreasonable searched and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be searched.”

• Search and seizure

WHAT IS THE FIFTH AMENDMENT?

FIFTH AMENDMENT• “No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in an criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

• (confessions, interrogations, and entrapment)

Entrapment- “The police may not induce or encourage a person to commit a crime that he or she would otherwise not have attempted.” p. 243

WHAT IS THE SIXTH AMENDMENT?

SIXTH AMENDMENTThat amendment to the Constitution

providing for the right to a speedy trial, an impartial jury, the right to confront witnesses against one’s self, the provision for compulsory process to obtain witnesses, and the assistance of counsel.

(right to counsel and interrogation)

WHAT DOES THE MIRANDA MEAN TO YOU?

MIRANDA• Custody and questioning/interrogation• Warning: -the right to remain silent

– Statements made may be used against him or her at trial

– The suspect has the right to an attorney during questioning

– If he or she cannot afford an attorney, one will be appointed prior to any questioning, if he or she desires

– Note: Failure to administer the warnings can lead to suppression of all evidence obtained during the interrogation or interview.

– Card, form, witnesses, recorded, other

PROBABLE CAUSE AND THE EXCLUSIONARY RULE• Reasonable grounds

to support a belief in a reasonable person of average intelligence that the accused was responsible for the crime in question*”Probable cause exists where known facts and circumstances that are reasonably trustworthy are sufficient to justify a person

• of reasonable prudence in his or her belief that a crime is either in process or has already occurred.”

Exclusionary Rule- a court rule holding that evidence obtained in violation of the protections granted by the United States Constitution becomes tainted and thus inadmissible at trial.Pages 224-228

WHAT IS THE EIGHTH AMENDMENT?

EIGHTH AMENDMENTThis amendment prohibits excessive

bail, fines, and cruel and unusual punishment.

Police Ethics

Exhibit 9-2, p257, Law Enforcement Code of Ethics

Use of Force (Policy)

EIGHTH AMENDMENTUse of Force Continuums

Figure 9-1, p259Figure 9-2, p260, Circular Use-of-Force

Continuum

Excessive Force

Corruption

Disciplinary Policy

PUBLICATIONS: UPDATES, REVIEW, AND READFBI Law Enforcement BulletinThe Police Chief MagazineCriminal Law ReporterU.S. Law WeekSupreme Court BulletinOther Justice Information Center

www.ncjrs.org

WRAP UP It is that time again, thanks for attending,

participating, and staying focused Reminder missing assignments Unit 6- seminar, discussion, quiz Need anything this week let me know I will stay online to answer any questions Have a good week and welcome back