Final Review: CJ 305
Bring Green Scantron! police required to read the citizen their rights who are arrested by police
-Miranda was convicted of rape.
Gideon v Wainright (case):
-Courts are required to provide counsel.
-Ordered states to provide lawyers for those unable to afford them in criminal proceedings which could jail or imprison the defendant; warren court’s judicial activism in criminal rights.
-6th Amendment exception for minors who are victims
Codes of Ethics/Conduct are in place to present a relationship between the police and citizens
The Exclusionary Rule – [not in constitution; used as interpretive tool] keep evidence out if it violated the defendants constitutional rights; applies to violations of a defendant’s 4th, 5th, or 6th amendment rights.
Dirty Harry(film) tactics – Not following police codes/rules to get evidence/info -- Oppose Miranda Case Decision, falls under exclusionary rule
1) a life is at stake
2) no time to get a warrant
3) there is a likelihood that it will work ( good faith exemption)
4) no other way to get the information.
“Knowing that the evidence will be subject to exclusion”.
*only way to circumnavigate exclusionary rule is imminent circumstances. - destruction of evidence - hot pursuit - inevitable discovery - consent - public safety exemption
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Blue Lies: Police are allowed to lie; used to control a person and make the police officers job easier; “its exceptionless” said by Kant
Police lie as a utility to achieve justice and receive the truth.
Accepted lies are...
1) told in furtherance of an organizational purpose
2) have a close relationship (nexus/connection) to that purpose
3) nature of the deception where there is an understanding that the deception could be effective
4) deception is considered to be in the public interest as opposed to the