Lesson 2 Legal Aspects of Safety and Security. Criminal Law 0 Crime is an offense against society 0...
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Lesson 2 Legal Aspects of Safety and Security. Criminal Law 0 Crime is an offense against society 0 If a person violates a state criminal law, the offense
Criminal Law 0 Crime is an offense against society 0 If a
person violates a state criminal law, the offense is committed
against the citizens of that state regardless who the specific
victim is 0 If a person violates a federal criminal code, the
offense is committed against all of the citizens of the United
States 0 Crime is an intentional act or omission to act in
violation of the criminal law (penal code) committed without
defense of justification and sanctioned (punished) by society
(government) as a felony or misdemeanor 0 Essential elements of the
crime include criminal intent, an act, or, in some cases, omission
to act, and a casual connection between the intent and the act
itself
Slide 3
Criminal Law 0 Types of intent 0 General 0 Specific 0
Transferred 0 Criminal negligence 0 In addition, one must be not
only the actual cause of the events leading to the result but also
the proximate or legal cause whereby the actor should have foreseen
the result 0 One is liable if the result is foreseeable 0 Crimes
are classified generally as: 0 Felonies 0 Misdemeanors 0
Infractions
Slide 4
Constitution law 0 Body of law which defines the relationship
of different entities within a state, namely, the executive, the
legislature and the judiciary. 0 Constitutional laws may often be
considered second order rulemaking or rules about making rules to
exercise power. It governs the relationships between the judiciary,
the legislature and the executive with the bodies under its
authority.
Slide 5
Constitution law 0 The United States Constitution has 7
Articles and 27 amendments, the first ten becoming The Bill of
Rights. 0 In the U. S. Constitution, although other crimes are
mentioned, some specifically, Treason is the only crime that has
its minimum standard set in the Constitution itself, in Article 3,
Section 3.
Slide 6
Federal Law 0 The United States Constitution provides for a
federal government that is superior to state governments with
regard to its enumerated powers. These powers include the authority
to govern; 0 International Affairs 0 Currency 0 National Defense 0
Issues that arise under any legislation passed by Congress, an
Executive Order of the President, or a decision of federal courts
pursuant to the Constitution are governed by federal law.
Slide 7
Federal Law 0 The Supreme Court makes final decisions regarding
all federal law. United States federal laws are categorized in the
United States Code. 0 Areas of federal law; 0 Federal Income Tax
Code 0 Immigration laws 0 laws relating to international relations
and treaties, such as embargoes, authorizations to use the military
0 Copyright law 0 Patent law 0 laws about crimes on federal
property or against federal employees 0 R.I.C.O. (Racketeering
Influenced and Corrupt Organizations) Act
Slide 8
Old Common Law 0 Common law legal systems originated in England
during the Middle Ages. 0 Law developed by judges through decisions
of courts and similar tribunals rather than through legislative
statutes or executive branch action 0 A "common law system" is a
legal system that gives great precedential weight to common law, on
the principle that it is unfair to treat similar facts differently
on different occasions. 0 The body of precedent is called "common
law" and it binds future decisions.
Slide 9
Old Common Law 0 In cases where the parties disagree on what
the law is, a common law court looks to past precedential decisions
of relevant courts. If a similar dispute has been resolved in the
past, the court is bound to follow the reasoning used in the prior
decision (this principle is known as stare decisis). 0 If a the
court finds that the current dispute is fundamentally distinct from
all previous cases (called a "matter of first impression"), judges
have the authority and duty to make law by creating precedent.
Thereafter, the new decision becomes precedent, and will bind
future courts.
Slide 10
Parties to a Crime 0 Whoever is concerned in the commission of
a crime is a principal and may be charged with and convicted of the
commission of the crime although the person did not directly commit
it and although the person who directly committed is has not been
convicted or has been convicted of some other degree of the crime
or of some other crime based on the same act. 0 At common law there
are four possible parties to a crime
Slide 11
Parties to a Crime 0 The principal in the first degree 0 The
person who actually was present and consummated the crime 0
Example: Armed Robbery -- If "A" decides to rob a bank, takes a
gun, goes into a bank, points the gun at the bank teller and
demands money or says he will shoot the teller, "A" is given money
and flees the bank, "A" has directly committed an Armed Robbery
because "A"'s conduct meets all elements of the crime. 0 The
principal in the second degree 0 The person who was constructively
present at the crime scene 0 Example: Armed Robbery (PTAC) -- If
"A" decides to rob a bank but wants someone to be a "lookout" (keep
an eye out for the presence of police and to let "A" know if any
police might come on the scene to stop the commission of the crime)
and so "A" tells "B" of his plan to rob a bank and asks "B" to come
along and stand at the door of the bank and to warn "A" if the
police are coming and "B" agrees and does so, "B" is a party to the
crime of Armed Robbery and is as guilty as "A" even though "B" did
not have a gun, did not threaten anyone and did not take the
money.
Slide 12
Parties to a Crime 0 The accessory before the fact 0 The
individual who was neither actually nor constructively present
during the crime but who aided or abetted the commission of the
crime before it was committed 0 Example: Armed Robbery (PTAC) -- If
"A", B" and "C" agree to rob a bank and "A", "B" and "C" each
consciously intend to make it happen and have a stake in the
venture and one of them actually robs the bank, all three are
equally guilty of the crime. 0 The accessory after the fact 0 The
person who was unaware that a crime was committed until after the
event and then aided or abetted the principals or accessories
before the fact 0 Example: Armed Robbery (PTAC) -- If "A", B" and
"C" agree to rob a bank and "A", "B" and "C" each consciously
intend to make it happen and have a stake in the venture and one of
them actually robs the bank, then the principals go to Ds house and
informs D and asks D to provide assistance, and D provides the
assistance, D is equally guilty of the crime.
Slide 13
Defenses to a Crime (JUSTIFICATION FOR) A DEFENDANT IN A
CRIMINAL CASE MAY BE ABLE TO ESTABLISH A LEGITIMATE JUSTIFICATION
FOR THEIR CRIMINAL BEHAVIOR 0 Capacity to commit crime 0 Infancy
(under 14 yrs.) 0 Diminished capacity 0 Physical impossibility 0
Insanity 0 Mistake of fact 0 Mistake of law 0 Duress 0 Entrapment 0
Self-defense 0 Necessity
Slide 14
INFANCY 0 The defense of infancy is a form of defense known as
an excuse so that defendants falling within the definition of an
"infant" are excluded from criminal liability for their actions, if
at the relevant time, they had not reached an age of criminal
responsibility. After reaching the initial age, there may be levels
of responsibility dictated by age and the type of offense
committed. 0 Under the English common law the defense of infancy
was expressed as a set of presumptions. A child under the age of
seven was presumed incapable of committing a crime. 0 The
presumption was conclusive prohibiting the prosecution from
offering evidence that the child had the capacity to appreciate the
nature and wrongfulness of what he had done.
Slide 15
INFANCY 0 Children aged seven to fourteen were presumed
incapable of committing a crime. As a definition of the process for
dealing with an alleged offender, the range of ages specifies the
exemption of a child from the adult system of prosecution and
punishment. 0 Most states develop special juvenile justice systems
in parallel to the adult criminal justice system. Children are
diverted into this system when they have committed what would have
been an offense in an adult 0 Hence, children are deemed incapable
of committing some sexual or other acts requiring abilities of a
more mature quality
Slide 16
PHYSICAL 0 Those who are physically incapable of the crime 0
Physical impossibility covers situations where not only is the
action inadequate, but impossible; an example is the attempted
murder of (or conspiracy to murder) someone who is, in fact,
already dead. Such actions are governed by section 1(2) and 1(3) of
the 1981 Act, which provides that they do constitute a crime if the
actions, were the facts of the case to be as the defendant believed
them to be, would have led to a valid attempt
Slide 17
DURESS 0 Except for the most serious crimes, duress may be a
defense if a offense was committed when: 0 Because of a threat 0
The actor reasonably believed human life was in immediate danger 0
duress or coercion refers to a situation whereby a person performs
an act as a result of violence, threat or other pressure against
the person 0 A defendant utilizing the duress defense admits to
breaking the law, but claims that he/she is not liable because,
even though the act broke the law, it was only performed because of
extreme unlawful pressure. 0 In criminal law, a duress defense is
similar to a plea of guilty, admitting partial culpability, so that
if the defense is not accepted then the criminal act is
admitted.
Slide 18
Offenses 0 PRELIMINARY (PREPARATORY) 0 Criminal attempt 0
Solicitation 0 Conspiracy 0 OBSTRUCTION OF JUSTICE (INCHOATE) 0
Perjury 0 Subordination of perjury 0 Bribery 0 AGAINST THE PUBLIC
PEACE 0 Disturbing the peace 0 Unlawful assembly 0 Riot 0 AGAIST
PROPERTY
Slide 19
Offences Against Property 0 Theft 0 Intentionally taking away
the personal property of another 0 Fictitious check 0 Willfully,
with the intent to defraud, writing or delivering a check, knowing
at the time there are insufficient funds 0 False pretenses 0
Knowingly, by false pretense or fraud, procuring money, labor, or
property of another 0 Embezzlement 0 Fraudulent appropriation of
property by a person to whom it has been entrusted 0 Breaking and
entering 0 Forcibly entering a structure intended for human
occupancy without the permission of the owner or lessee and
destroying property of value in or around the structure 0 Burglary
0 Entry of a structure with the intent to commit a felony or steal
property of any value 0 Arson 0 Willfully and maliciously setting
fire to or causing to be burned any structure, forest land, or
property 0 Forgery 0 The false making or material alteration of any
document that, if genuine, would be of apparent legal efficacy 0
Extortion 0 (blackmail) obtaining property from another with the
victims consent through the threat of some future harm
Slide 20
Offenses 0 CONTROLLED SUBSTANCE LAWS 0 Possession 0 Sale 0
Transportation 0 Manufacturing 0 Furnishing 0 Administering 0
Possession of drug paraphernalia 0 Being under the influence of or
cultivating a controlled substance 0 PUBLIC SAFETY AND MORALS 0
Pornography 0 Obscene matter 0 Sexual exploitation of minors 0
Contributing to the delinquency of minors 0 Incest 0 Indecent
exposure 0 Loitering 0 Prostitution 0 AGAINST PERSONS
Slide 21
Against Persons 0 Assault 0 An attempted battery or placing
someone in fear of an immediate battery 0 Battery 0 Willfully and
unlawfully using force or violence on another person 0 Robbery 0
The felonious taking of property from another in the victims
presence against their will by use of force or fear 0 False
imprisonment 0 Unlawfully restricting the personal liberty of
another 0 Kidnapping 0 Generally, the forcible abduction of a
person to another location 0 Rape 0 Any unconsented-to sexual
intercourse upon the person of another 0 Unlawful sexual
intercourse (statutory rape) 0 The act of sexual intercourse with a
person under the age of 18 who is not the spouse of the perpetrator
0 Homicide 0 1 st degree 0 Deliberate and premeditated 0 2 nd
degree 0 Without premeditation 0 Manslaughter (voluntary) 0 Without
malice but upon sudden quarrel or in heat of passion 0 Manslaughter
(involuntary) 0 Without malice, in an unlawful manner 0 Ex:
vehicular homicide
Slide 22
Obstruction of Justice 0 Obstruction of justice refers to the
crime of interfering with the work of police, investigators,
regulatory agencies, prosecutors, or other government official. 0
Common law jurisdictions other than the United States tend to use
the wider offense of Perverting the course of justice. 0 It is a
crime to; 0 threaten, intimidate, or retaliate against these
participants in a criminal or civil proceeding 0 Bribery have an
official to alter the outcome of a judicial proceeding. 0 Perjury
or Subordination of perjury
Slide 23
Laws of Arrest 0 Law enforcement officer may make an arrest 0
In the case of felony committed in officers presence 0 Not
committed in presence, can if have probable cause 0 Misdemeanor
arrest if committed in officers presence 0 If misdemeanor committed
not in presence of officer, no arrest can be made without a warrant
0 If no felony crime was committed, a police officer is protected
from civil and criminal liability 0 A private security person (or
citizen not a police officer) may arrest 0 In the case of a felony
committed in front of the person 0 If not present an arrest can be
made if the felony has probable cause 0 Also can arrest for
misdemeanor if committed in private citizen or security officers
presence 0 Have no authority to arrest if the misdemeanor was not
committed in their presence 0 They are not protected from criminal
or civil liability due to false imprisonment or false arrest
Slide 24
Use of Force As a general rule, persons can use whatever force
is reasonably necessary, including deadly force, to protect
themselves or an innocent third party from serious bodily harm or
death. A person may use non- deadly force in the protection of
property.
Slide 25
Evidence EVIDENCE CONSISTS OF TESTIMONY, WRITINGS, MATERIAL
OBJECTS, AND OTHER THINGS PRESENTED TO THE SENSES TO PROVE THE
EXISTENCE OR NONEXISTENCE OF A FACT! THE RULES OF EVIDENCE GOVERN
THE ADMISSIBILITY OF SUCH IN COURT. PROOF IS THE ESTABLISHMENT BY
EVIDENCE OF A REQUISITE DEGREE OF BELIEF CONCERNING A FACT IN THE
MIND OF THE TRIER OF FACT (JURY) OR THE COURT (JUDGE).
Slide 26
Types of Evidence INCLUDE 0 Testimonial 0 Testimony given by
witnesses, victim, or suspect 0 Documentary 0 Writings, any
documented and tangible form of communication 0 Real 0 Physical
evidence, material objects, contraband 0 Demonstrative 0 Materials
such as maps, models, charts, diagrams, displays
Slide 27
Types of Evidence 0 Relevant 0 Evidence that has any tendency
to prove or disprove a disputed fact in a case, such as a motive,
opportunity, capacity, prior threats, possession of writings, or
real evidence linking to crime 0 Admissions and confessions 0
Admission is a statement by a suspect acknowledging some fact of
relevant evidence in the case 0 Confession is a statement by the
suspect accepting full responsibility for a crim 0 Hearsay 0 An
out-of-court statement presented in court by someone other than the
original declarant 0 Consciousness of guilt 0 Conduct by the
accused from which an interference of guilt or adoptive admission
can be drawn
Slide 28
Types of Evidence Testimonial 0 Types of witnesses 0 Lay
witness- an ordinary witness, includes police officers, can only
testify what they know as fact 0 Expert witness- one who possesses
some special knowledge, skill, experience, training, or education
relevant to the facts 0 Subpoena- is a written order commanding the
presence of a witness in court for the purpose of giving testimony
0 Privileges 0 Against self-incrimination 0 Husband-wife
testimonial 0 Officer-informant 0 News shield privilege
Slide 29
Presentation of Evidence 0 Inference 0 A deduction of fact that
can be logically and reasonably drawn from a fact 0 Presumptions 0
An assumption of fact that the law requires to be made from another
fact 0 Direct evidence 0 Evidence that directly proves a fact
without drawing inference from other facts 0 Circumstantial
evidence 0 Evidence that proves a fact through inference or logical
association with another fact 0 Judicial notice 0 Matters of common
fact, general knowledge 0 Stipulation 0 An agreement between
opposing parties that a fact can be offered into evidence without
adversarial argument
Slide 30
Search and Seizure Search and seizure is a legal procedure used
in many civil law and common law legal systems whereby police or
other authorities and their agents, who suspect that a crime has
been committed, do a search of a person's property and confiscate
any relevant evidence to the crime. 0 Search involves intrusion
into an area where a person has a reasonable expectation of privacy
the purpose of which is to find evidence or contraband to use in
criminal prosecution 0 Seizure occurs when a persons freedom of
movement is restricted or when property is taken into custody, it
involves a meaningful interference with a persons movement or
property interest
Slide 31
Search and Seizure 0 Probable cause a reasonable belief refers
to facts or evidence that would make a reasonable person believe
that a crime or wrong doing has been, is being, or will be
committed. 0 Exclusionary rule - designed to exclude evidence
obtained in violation of a criminal defendant's Fourth Amendment
rights. The Fourth Amendment protects against unreasonable searches
and seizures by law enforcement personnel. If the search of a
criminal suspect is unreasonable, the evidence obtained in the
search will be excluded from trial. 0 Plain view doctrine - is an
exception to the warrant requirement which allows officers to seize
items which they observe and immediately recognize as evidence or
contraband while they are lawfully present in an area protected by
the 4th Amendment. 0 REQUIREMENTS FOR SEIZURE OF EVIDENCE IN PLAIN
VIEW: 0 Law enforcement authority to seize. 0 Law enforcement
official must be in a place he/she has a right to be in. 0
Discovery of the evidence must be inadvertent. 0 It must be
immediately apparent that what the official has discovered is
evidence.
Slide 32
Search and Seizure 0 Detention is a temporary for investigation
and questioning to determine a persons involvement, if any, in
criminal activity. 0 Contact or Consensual Encounter - occurs when
a police officer approaches you and engages you in conversation,
but you remain free not to answer and to walk away. The encounter
remains consensual even if the officer asks you questions, or asks
to examine your identification or your belongings, as long as the
officer does not suggest that you must comply, thus restricting you
freedom of movement. 0 Frisk reasonable suspicion, is a cursory
pat-down of a legally detained suspect for the purpose of
discovering deadly or dangerous weapons. 0 Search Warrant Is an
order issued by a judge and directed to a peace officer that
commands a search of a described location for described evidence or
contraband. 0 Automobile exception to the search warrant
requirement - A lawful search under the motor vehicle exception
requires the existence of probable cause to believe that the
vehicle contains evidence or contraband and that the searching
officers have lawful access to the vehicle.
Slide 33
Search and Seizure 0 Consent Search - are searches made by law
enforcement personnel based on the consent of the individual whose
person or property is being searched. 0 Constructive custody
(Parolee) - custody of a person (as a parolee) who is not under
immediate physical control but whose freedom is controlled or
restrained by legal authority of the Department of Corrections from
which they were released. 0 Probation search - Search of person,
vehicle, or residence based on probation status, the purpose of a
probation search is to determine if the probationer is complying
with the terms of probation. 0 Administrative search - an
inspection or search carried out under a regulatory or statutory
scheme esp. in public or commercial premises and used to enforce
compliance with regulations or laws pertaining to health, safety,
or security of the public (e.g. the TSA agents at airports)
Slide 34
Miranda Admission 0 Miranda does apply in; 0 An adult suspect
in custody and a police officer desires to interrogate to gain an
admission or confession 0 A minor when taken in custody for a
status offence, violating a court order, escaping from court
ordered commitment. * Minors must be advised per Miranda
contemporaneously with custody regardless of an officers initial
intent to interrogate. 0 Miranda does not apply in; 0 Contracts 0
Traffic stops 0 Detentions 0 Rescue Doctrine and public safety
exception 0 General on-scene questioning 0 Voluntary interview 0
Telephone calls 0 When a subject (suspect) is being questioned by
someone other that a peace officer.
Slide 35
Miranda Admission 0 Elements of Miranda rights advisory only to
criminal cases and include the following; 0 The suspect can remain
silent 0 Anything they say can and may be used against them in a
court of law 0 The suspect has the right to talk to a lawyer before
or during questioning. 0 If the suspect cannot afford an attorney,
the court will appoint one to represent them free of charge before
any questioning.
Slide 36
Miranda Admission 0 Miranda right to counsel and right to
remain silent are derived from the self-incrimination clause of the
Fifth Amendment. Therefore, for Miranda to apply, six factors must
be present: 0 Evidence must have been gathered. 0 The evidence must
be testimonial. 0 The evidence must have been obtained while the
suspect was in custody. 0 The evidence must have been the product
of interrogation. 0 The interrogation must have been conducted by
state-agents. 0 The evidence must be offered by the state during a
criminal prosecution.
Slide 37
Chapter 3 Questions 1. What is the usual penalty for a felony?
Misdemeanor? 2. If I am the driver in a get away car of a store
robbery, what parties to a crime principal am I? 3. What defense
can I use if I committed a crime because I was threatened to be
harmed if I did not? 4. Give an example of Obstruction of Justice.
5. What is the difference of first degree and second degree murder
charge? 6. Can a private security person or citizen make a felony
arrest? 7. What is the general rule of use of force?
Slide 38
Chapter 3 Questions 8. What is the obligation to produce
evidence sufficient to prove a fact or set of facts? 9. What are
some examples of demonstrative evidence? 10. If a defendants
fingerprints are found at a crime scene, what type of evidence can
the prosecutor enter into the court? 11. What is one called if they
are properly qualified to give testimony in court? 12. What are
some common rules concerning the introduction of material objects
into evidence? 13. Name two of the four testimonial privileges. 14.
What Amendment allows reasonable searches? 15. When does an officer
have to read a minor their Miranda Rights?
Slide 39
Chapter 3 Answers 1. Felony can carry a penalty of 1 year or
more in prison, a misdemeanor can carry a penalty of up to a year
in jail. 2. The principal in the second degree, because I was
constructively present at the crime scene. 3. Duress 4. Perjury,
subordination of perjury, or bribery 5. I the case of first degree
murder charges premeditation has to be present. 6. Yes, only if the
felony is committed in front of the private security or citizen. 7.
A person use whatever force is reasonably necessary, including
deadly force, to protect themselves or an innocent third party from
serious bodily harm or death.
Slide 40
Chapter 3 Answers 8. Burden of proof 9. Materials such as maps,
models, charts, diagrams, displays, and computer simulations 10.
Circumstantial because it can be inferred that the defendant was
present even though there is no direct witness to the crime. 11. A
competent witness 12. Authentication, chain of custody was
followed, legal duty to collect and preserve evidence 13. Privilege
against self-incrimination, husband-wife testimonial privilege,
officer-informant privilege, and news shield privilege. 14. Fourth
15. Whenever they are taken into custody regardless of an officers
initial intent to interrogate.