Correctional Case Law

1. Correctional Case Law

2. Criminal Responsibility • Liable Persons • All persons are liable who commit in the state any crime including, • 1. Committing a crime in ______________ • 2. Commits a crime of state if committed would be larceny and is found __________________________ • 3. Person being out of state, counsels, procures, aids or abets _________________________ • 4. Person being out of state ___________________________________ • 5. Person who commits an act which affects persons or property within the state whole or part with any stolen property another to commit a crime abducts or kidnaps any person

3. Persons not liable to punishment may be: • Children under the age of _________ • Children between _______ without clear proof they knew the wrongfulness • Made under _____________________ • Person committed the act without being __________________ • An act under threats sufficient to show that the person had reasonable cause to believe ________________________ 8 years 8 & 14 ignorance or mistake of fact conscious thereof their lives would be endanger

4. Principals • Every person concerned in the commission of a crime • Aids or abets in its commission (whether present or absent) • Every person who, directly or indirectly, counsels, encourages, hires, commands, induces or otherwise procures another to commit a crime

5. Accessories • After the commission of a crime, conceals or aids such offender with intent that he may avoid or escape from arrest, trial, conviction or punishment, having the knowledge that such offender has committed a felony • Any person who learns, after the fact that a particular individual has committed a crime and thereafter receives, comforts or assists

6. Liability • Vicarious Liability • Something done or suffered by one on behalf of another • 3rd Party Liability • When one agency provides training for another agency, the agency providing the training is liable

7. Negligence • Four elements of negligence • 1. A duty or obligation recognized by the law requiring the person to conform to a certain level of conduct for the protection of others against unreasonable risk. • 2. A failure on the persons part to conform to the standards required • 3. A reasonable close, causal connection between the conduct and the resulting injury • 4. Actual loss or damage resulting to the interest of another

8. Seven Areas of Negligence • Supervision • Direction • Training • Retention • Hiring • Assignment • Entrustment

9. Constitutional Elements • Bill of Rights • The first ten amendments to the Constitution • First Amendment: freedom of speech, religion and the right to petition the government for a redress of grievances • Fourth Amendment: rights against unreasonable searches and seizures • Fifth Amendment: primarily thought of as the right to silence

10. Search Warrant • Having determined and listed probable cause and those particulars regarding the place to be searched and the things to be seized, the info is presented to a magistrateto obtain a warrant.

11. Warrant must state: • Specific persons and items to be seized • Including • full descriptions, colors, characteristics, serial numbers, model numbers, etc. • The specific ________ to be searched place (s)

12. Scope of search recording • Systematically, _________chronological order of search and seizure of any items • Search is _______ to size or characteristic of the object being sought • Once the __________ has been seized, the search is _____ • Exception would be searching for drugs • __________ found during the course of a lawful search may be seized limited specific item over Anything

13. Lawful Arrest • If probable cause exists to make a lawful arrest, a search incidental to that arrest may be conducted to remove: • Evidence • Fruits or instruments of crime • Contraband • Weapons • Means of escape or suicide

14. Probable Cause • Probable cause must exist______to making an arrest • If the arrest is made to obtain the probable cause needed forthe arrest, the arrest is_illegal___and any evidence obtainedmay beinadmissible • Extent of incidental search is limited to: • Entire person • Anything in the person’s immediate___________ • Anything in_______________________at the time of apprehension prior possession immediate control or reach

15. Rules and Doctrines • Exclusionary Rule • Any evidence obtained through illegal means may be inadmissible • Fruit of the poisonous tree • Any evidence obtained as a result of an initial illegal act/search may be inadmissible • Plain View • Any evidence that is in plain view of an officer from where he/she legally stands is probable cause • Good Faith

16. Fifth Amendment • The right against self-incrimination • Shall not be deprived of: • life, liberty, or property, without due process of law

17. Miranda vs Arizona 1966 • Resulted in the precedence to advise accused persons of the rights against self-incrimination and to counsel • Any information obtained through questioning a subject without advisement of the right to remain silent may be inadmissible • Coercion, trickery, or other unorthodox means of extracting information from a suspect may be a violation of Fifth Amendment rights

18. Billings vs Vernal, Utah 1983 • Negligent Direction • Negligent Training Police department hired an officer and put him on the street. The officer was on the street for a year and never had any formal training. The officer was accused of police brutality and he said he had never been trained; therefore, he could not be held responsible. The courts agreed. The Chief of Police was ordered to pay $50,000 in punitive damages

19. Whitley vs Warden, 1971 • Negligent Direction • Negligent Training • Officer Warden presented information for a search warrant and was given the warrant. When it went to court, the information used in the warrant was not documented and, therefore, the warrant was inadmissible. • If it is not documented it did not happen

20. Warning includes: • Right to remain silent • Any statement can and will be used against subject in a court of law • Right to consult with an attorney prior to questioning • May terminate questioning at any time for any reason

21. Exceptions to Fifth Amendment • Spontaneous utterance • Unsolicited impulsive statement or excuse of action made by a suspect upon apprehension, during transportation, etc. • Admissible as evidence • No longer spontaneous if the suspect is asked questions or to repeat a previous statement

22. Exceptions continued • Public safety • During apprehension, it was noticed that the suspect was wearing an empty holster and was asked where the gun was. • When expected response would be non-incriminatory • Non-custodial

23. Review • Liable Persons • Principals • Accessories • Bill of Rights • 1st Amendment • Probable Cause • Searches • Fifth Amendment