The Criminal Justice System The Police. I. The Police. II. Organization a. Most agencies located in counties, cities and towns

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Reynold Peters
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1 The Criminal Justice System The Police I. The Police a. More than 725,000 police across the country b. Local, state and national levels c. Protect, maintain peace & order, investigate, arrest, and book suspects II. Organization a. Most agencies located in counties, cities and towns i. Counties: divisions within a state, function as units of gov t over a particular area ii. County police or the sheriff s department is the main law enforcement iii. Preserve order, enforce court orders and patrol

Organization a. Most agencies located in counties, cities and towns i.

2 b. City and town police do similar things c. No national police force in the US d. Organizations (ex: FBI) help enforce federal laws, assist local authorities i. Ex: kidnapping, mail fraud, presidential assassination attempts, bank robbery, and hijacking of aircraft III. Arresting Suspects a. After a criminal act, many things to consider i. First: investigate; is there enough evidence to arrest someone May need to obtain arrest warrant i. Second: decide necessary level of control/ force needed to make arrest May use what force is necessary to do their job Deadly force is forbidden, unless an officer or other person is threatened with bodily harm or death b. Because of previous court cases, police can t question people without informing them of their constitutional rights to remain silent and to secure services of an attorney. c. After an arrest, suspect is booked, fingerprinted, and photographed

First: investigate; is there enough evidence to arrest someone May need to obtain arrest warrant i.

3 IV. Important Court Cases a. Gideon v. Wainwright: i. Charged with breaking and entering into poolroom in Florida ii. Refused counsel; Fl doesn t provide counsel for less than a capital offense iii. Gideon = poor, uneducated white male, tried to defend himself, lost iv. Studied law in prison library filed petition to Supreme Court v. Gideon appointed Abe Fortas as his attorney (future justice!) vi. 22 states filed amicus curiae briefs, written by Walter Mondale in support of Gideon viii. Justice Black wrote opinion: The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trial in some countries, but it is in ours. b. Escobedo v. Illinois: Danny Escobedo was arrested for murder of his bro-in-law. i. Police tried to interrogate; under advice of counsel, Escobedo refused and released ii. Benedict DiGerlando, under police custody, said Escobedo HAD killed his bro-in-law. iii. Escobedo and his sister arrested iv. Escobedo declined to talk to police while in transport v. At the station, Escobedo asked to see attorney; was refused. His attorney also denied access to client Interrogated for 14.5 hours until he made damaging statements

) vi. 22 states filed amicus curiae briefs, written by Walter Mondale in support of Gideon viii.

4 vi. Found guilty vii. Claimed he was denied right to counsel; it should have been available during questioning viii. Justice Goldberg reversed lower court s decision Escobedo had been denied right to counsel Right is a primary defense against violations of Selfincrimination Clause c. Miranda v. Arizona: Ernesto Miranda (indigent & nearly illiterate), accused of kidnapping, raping a young woman in Phoenix, Az i. Arrested, interrogated After two hrs., Miranda confessed No signs of misbehavior by police Miranda never requested counsel. ii. Miranda s court appointed attorney used a mentally defective defense = failed iii. Conviction based on confession & victim s positive ID of Miranda. iv. New attorney claimed interrogation process so coercive, eventually someone will break down Court should protect the rights against self-incrimination (5th amendment) v. Chief Justice Earl Warren stated, the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege vi. Decision of the lower court reversed

Arizona: Ernesto Miranda (indigent & nearly illiterate), accused of kidnapping, raping a young woman in Phoenix, Az i. Arrested, interrogated After two hrs.

5 Miranda Warning You are under arrest Before we ask you any questions, you must understand what your rights are You have the right to remain silent. You are not required to say anything to us at any time or to answer any questions. Anything you say can be used against you in court You have the right to talk to a lawyer for advice before we question you and to have him with you during questioning If you cannot afford a lawyer and want one, a lawyer will be provided for you If you want to answer questions without a lawyer present you will still have the right to stop answering at any time. You also have the right to stoop answering at any time until you talk to a lawyer.

Anything you say can be used against you in court You have the right to talk to a lawyer for advice before we question you and to have him with you during questioning

MIRANDA AND THE FIFTH AND SIXTH AMENDMENTS

MIRANDA AND THE FIFTH AND SIXTH AMENDMENTS Imagine you sit down to a table to play cards but the only one who knows the rules is the dealer and they keep changing them without telling anyone. This is the