So you want to be a Law
Enforcement Professional
So you want to be a Law
Enforcement Professional
We hold these truths to be selfevident, that all men are created
equal, that they are endowed by
their Creator with certain
unalienable Rights, that among
these are Life, Liberty and the
pursuit of Happiness.
We the People of the United
States, in Order to form a more
perfect Union, establish Justice,
insure domestic Tranquility, provide
for the common defense, promote
the general Welfare, and secure
the Blessings of Liberty to
ourselves and our Posterity, do
ordain and establish this
Constitution for the United States of
America.
Courts of US and States
Terry v. Ohio
392 U.S. 1, 88 S.Ct. 1968
Miranda v. Arizona
384 U.S. 436
Miranda v. Arizona (No. 759)
98 Ariz. 18, 401 P.2d 721; 15 N.Y.2d 970, 207
N.E.2d 527; 16 N.Y.2d 614, 209 N.E.2d 110;
342 F.2d 684, reversed; 62 Cal.2d 571, 400
P.2d 97, affirmed
Why have laws?
• Regulate behavior
• Social Control
• Squares v. Predators
Criminal v. Civil
• Criminal Law
– The State prosecutes the case
– Proof beyond a reasonable doubt
– Incarceration, governmental monitoring, death
penalty
• Civil Law = Lawsuit
– Private party (you can sue anybody)
– Preponderance of the evidence
– Compensation or money damages
Civil Law
• How much, if at all, has the defendant
injured the plaintiff.
• What remedy, if any, is appropriate to
compensate plaintiff
Criminal Law
• To what extent, if at all, has defendant
injured society
• What sentence, if any, is necessary to
punish the defendant.
Criminal Law and Morality
Purposes of Criminal Law
•
•
•
•
•
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Retribution or revenge
Incapacitation
Deterrence
Reformation or Rehabilitation
Compensation
Disproportionality