Amendments
Protection against unlawful searches and seizures
4th Amendment
guilty state of mind
mens rea
A person who feels that she or he is in immediate danger of being harmed by another person may ward off the attack
Self-Defense
During this era, police were described as heavily corrupt, and their jobs typically depended on who was in office at the time
Political Era
Crimes for which the punishment may be a year or less in a county jail, but these are often punished with probation, fines, or community service instead.
Misdemeanor
Protects against excessive bail + cruel and unusual punishments
8th Amendment
For a crime to have been committed, there must be a causal relationship between an act and the harm suffered.
causation
mental illness prevented the defendant from forming the required intent to commit a crime
Insanity
This theory states that cracking down on small disorders in an area will reduce crime. In practice, it has often been discriminatory.
Broken Windows
the symbols, beliefs, values, and attitudes shared by members of a subgroup within the larger society.
Subculture
Protects against double jeopardy / self-incrimination
5th Amendment
To be a crime, an act (or failure to act) must cause injury/detriment/damage to some legally protected value
harm
These type of defenses focus on whether the individual’s action was socially acceptable under the circumstances despite causing a harm that the criminal law would otherwise seek to prevent
Justification Defenses
This type of policing involves fostering relationships between residents and police to reduce disorder and improve public attitudes towards police.
Community Policing
these type of defenses focus on the actor and whether they possessed the knowledge or intent needed for a criminal conviction.
Excuse Defenses
Speedy trial / impartial jury / right to counsel
6th Amendment
There must be a law that defines the specific action as a crime
Legality
excuses a defendant when it is shown that government agents have induced the person to commit the offense
Entrapment
instead of focusing on crime and disorder, the police should identify the underlying causes of problems, such as rowdy teenagers, domestic violence, and abandoned buildings used as drug houses
Problem-Oriented Policing
This 1833 court case upheld that the Bill of Rights only applies on the federal level
Barron v. Baltimore
Powell v. Alabama
14th Amendment
For an act to be considered a crime, the intent and the act must be present at the same time
Concurrence
when someone commits a crime because he or she has been coerced by another person
Duress / Coercion
What are the four main policing functions?
Enforce the law, Maintain order, Prevent crime, Provide services to the community
Minor offenses that are only punishable by a fine
Civil Infraction