Defenses

Defenses

Charles L. Feer, JD, MPA

Bakersfield College

Criminal Justice

Defenses Insanity Statute of Limitations Self Defense (Use of Force) Entrapment Immunity Against Self

Incrimination Diplomatic Immunity

Self Defense

Force must be in proportion to the threat.

Threat must be imminent (at hand, near) Bare Fear alone is not sufficient. Must be

accompanied by over act. Previous threats not sufficient for deadly

force response.

Self Defense

Deadly force may not be used in defense of property only.

Instigator of aggressive behavior has no right to self-defense.

Justice System Members

The Court System handles the trial process. This process can result in various outcomes:

Case is dismissed by the judge Suspect is found not guilty suspect is found not guilty and one f the

following punishment is imposed: Fine Placed on diversion Placed on probation Sentenced to a correctional facility/alternative

sentencing

Justice System MembersMembers of the Court System

Judges who administer justice in a fair and impartial manner by applying the facts to law

Prosecuting attorneys who prosecute persons accused of crime and protect public rights and privileges

Defense attorneys who defend the accused and defend the rights and privileges of citizens

Justice System MembersCorrections is responsible for the supervision of convicted and sentenced offenders. An offender may be:

Supervised on probation in the community

Released and supervised on parole Held in custody of a correctional

facility for rehabilitation

Justice System MembersMembers of Corrections

Deputy probation officers who supervise convicted offenders in the community under certain conditions established by the court

Parole officers who supervise offenders released from prison, but while offenders are still under continued custody of the state

Correctional officers who supervise convicted offenders while they are being held in a correctional facility

California Court System

WESTEC/North Kern Training Center’s

P.C. 832 Arrest and Firearms

California Court SystemThe purpose of the court system is to insure the rights of individuals, protect society, and settle disputes.According to the United States Constitution the judicial power of the United States shall be vested in one Supreme Court and such inferior courts as Congress may deem necessary.California has a similar court system containing trial courts and higher courts to listen to appeals from lower courts. The State Supreme Court is the highest court in the state.

California Court SystemTrial Courts

Municipal Courts are the lowest court in the system. They are set up to handle less serious crimes and minor civil disputes. Municipal courts:

Have jurisdiction in minor civil cases Handle misdemeanor crimes Handle infractions Handle preliminary hearing


Superior Courts are general trial courts of unlimited jurisdiction. All cases are tried in these courts except those which the legislature says must be tried in the Municipal or Justice Courts.


Superior Courts: Try all felony cases Handle all juvenile cases Act as appeals from lower courts Try certain misdemeanor cases not

suitable for lower courts, such as juvenile delinquency and child neglect cases

California Court SystemAppellate Courts

District Courts of Appeal are established to relieve the Supreme Court of heavy case loads involving appeals from lower courts.


District Courts of Appeal: Handle all appeals from Superior

Court except those where the death penalty has been assessed. Rulings are binding on all trial courts and peace officers under the appellate court’s jurisdiction


The State Supreme Court is the highest court in the state. Its rulings are binding on all other state courts and peace officers throughout the state.


The State Supreme Court: Handles appeals from the District

Court of Appeal Automatically accepts death

sentence appeals from Superior Courts

Judicial Process

Misdemeanor ProsecutionCourt of Jurisdiction MunicipalViolation Misdemeanor

Judicial ProcessMisdemeanor Prosecution

Bail/Own Recognizance (O.R.) The offender is then released on bail or

O.R. Bail can be money, bond, or any other form

of security accepted by the court to secure the release of the defendant. Bail guarantees the defendant’s appearance in a specific court to answer charges. Bail is fixed by the court, must be reasonable, and may be increased or reduced by a judge

Judicial ProcessFelony Prosecution

Via “True Bill” IndictmentCourt of Jurisdiction SuperiorGrand Jury The D.A. presents evidence of a crime to the

Grand Jury. The Grand Jury hears and reviews evidence. When the Grand Jury believes an individual has committed a specific felony, an indictment “True Bill” is issued.


Via ArrestCourt of Jurisdiction SuperiorArraignment in Municipal Court The first court appearance is usually within 48

hours at an arraignment. The defendants are brought to the Municipal Court and informed of the charges against them, advised of their constitutional rights, and asked to enter a plea. A date for tjr preliminary hearing is also set

Judicial Process

Felony ProsecutionVia Arrest

Bail Instead of being held in custody

until the preliminary hearing, the defendant may post bail. Bail may occur before or after arraignment on a felony charge.


Via ArrestPreliminary Hearing A hearing is held in the Municipal Court to decide if

there is enough evidence to order the defendant to stand trial. The purpose of the hearing is to screen felony cases before they go to trial in Superior Court. At the preliminary hearing, the D.A. must present sufficient evidence to show that a crime has been committed, and that the defendant appears to have committed that crime. A jury is not present at this hearing, but all rules of evidence are in effect.


Via ArrestThe judge may do one of three things at a preliminary hearing:

1. Dismiss some or all the charges2. Hold the defendant for trial in the

Superior Court3. Reduce the charges from a felony to a

misdemeanor

Judicial Process

Felony ProsecutionVia Arrest

Superior Court Arraignment If the defendant pleas guilty, a

penalty is set. If the defendant pleas not guilty, a date for trial is set.


Via Arrest Trial This is a formal, judicial examination and determination

of issues between parties: in a felony criminal case, the parties are the people of the State of California on one side, and the accused offender on the other.

Evidence is presented by the prosecuting attorney to prove whether or not the defendant is guilty of the charges. A jury or judge determines whether the defendant id guilty or nor based upon the evidence presented `

Knowing Your Community

WESTEC/North Kern Training Center’s

P.C. 832 Arrest and Firearms

COMMUNITY ATTITUDES AND INFLUENCES

There are a number of actions you, as a peace officer, can take to positively influence the attitudes of members of the community, your family and friends. Maintaining a visible presence in the community, and communicating to your family and friends the importance of your role in the community will not only set a good example, but will reassure them that you are a well-trained officer committed to effectively serving the public. This also holds true in a controlled community where inmates/wards are the general public.

PEACE OFFICER’S ROLES IN COMMUNITY SERVICE

A community looks to its peace officers to perform certain services: maintain order, prevent crime, educate the public, and enforce the law.


MAINTAIN ORDERActions you should take

Patrol in a highly visible way. It lets the public see you, the peace officer, as an ever-present force, discouraging criminal activity.

Maintain the public peace. This includes handling domestic or public disputes.

Manage civil disturbances. This includes dealing with opposing factions during strikes, demonstrations, and work stoppages.

Enforce state laws, and city, county and district ordinances.


PREVENT CRIME

Actions you should take Reduce the source of crime by educating potential

offenders about the risks of crime Reduce criminal opportunity through officer vigilance Encourage the public to be on the alert for potential

crimes Crime Prevention Units and Neighborhood Crime Watch programs decrease the occurrence of crime

Interact with established organizations such as church groups, civil boards, fire fighters, social workers, hospitals, and youth groups, to educate them about crime prevention


PREVENT CRIME CONT.

Actions you should take Use specialized patrols for high crime areas Take reports and analyze them to determine crime patterns

for selective law enforcement programs Observe and report behavior in controlled settings, such as

prisons, jails, and juvenile detention facilities Arrest suspects for violation of statutory law Collect and preserve physical evidence at a crime scene or

make sure that it is done Testify in court Interact with other law enforcement agencies to share

information about cases


PREVENT CRIME CONT.Actions you should take

Interact with other law enforcement agencies to share information about cases

Assist other agencies, such as community mental health and social work agencies

Follow the directions of court orders, warrants, and any other official documents

Restrict activities and movement in controlled settings when necessary


EDUCATE THE PUBLIC

Actions you should take Meet with people who work and reside in the area Inform them about local crime patterns Let them know how they can protect themselves Involve individuals in community based policing Talk to individuals and speak at community

meetings Establish a flow of communication by telling

people who you are and how you serve them as a peace officer


EDUCATE THE PUBLIC CONT.Actions you should take

Utilize the news media to disseminate timely information to a wide audience or a specific audience

Teach courses on the law and its implications at both the high school and college level


ENFORCE THE LAWEnsure that laws are enforce, including these:

Statutory laws (written law) City and county ordinances Orders of the court Departmental policies

Several factors can influence the enforcement of law: Number of officers available Types of crimes which are given priority Possible conditions set forth in federal grants and state and

local government funding


ENFORCE THE LAW CONT.Be fair and impartial in enforcement.

Enforcement decisions are based on the law, the court’s interpretation of the law, departmental policy, and your own good judgment

Enforcement decisions are not based on personal prejudices or attitudes


ENFORCE THE LAW CONT.To effectively enforce the law, you should know your patrol area or area of responsibility. Be familiar with these aspects of your area:

Size Boundaries Interconnecting routes for traffic directions Nearest emergency services Cultural makeup of its residents, including

traditions, habits, and lifestyles


ENFORCE THE LAW CONT.

Analyze crime trends and report to local, state, and federal governments on these aspects:

The frequency of crime The possible locations of future crimes The types of crimes

COMMUNITY ISSUES

You are a member of your community, in constant contact with your family, friends, schools, media, and so on. How will becoming

a peace officer affect these relationships? Your actions and lifestyle can help produce results beneficial to all.

COMMUNITY ISSUES

FAMILY

Considerations A peace officer’s job is dangerous. Your family worries

about losing you. The demands of your job may make your family feel

lonely, isolated, or afraid. Your job may require difficult hours or secrecy, which

may make your family feel frustrated and left out. Work in certain departments, such as Vice or Narcotics,

may affect your social or family relations. Peace officers are sometimes seen as unapproachable.

COMMUNITY ISSUESFAMILY CONT.

Actions Live with a positive attitude. You are a highly

skilled and well trained professional. Help your family learn how important your role

is in the community. Participate in school and community activities

with your family. Take advantage of counseling services, if

available. Be a friendly neighbor or acquaintance.

COMMUNITY ISSUESFAMILY CONT.

Results Your confidence is shared and is helpful to your whole

family. Your pride and commitment are felt and shared by your

family. You share time together and feel like a family. You maintain your own mental health, as well as the

health of your family and the stability of your professional life.

Dispels the misconception that peace officers are totally isolated.

COMMUNITY ISSUESSCHOOLS

Considerations Students may distrust peace officers since they often

lack the opportunity for positive contact.

Actions Speak to student groups on topics such as crime

prevention or drug education

Results Students get to know you in a relaxed environment, as

an individual who fairly and impartially enforces the law.

COMMUNITY ISSUESMEDIA

Considerations Some agencies may require communication through a media

liaison. Remember that cases in progress must not be discussed.

Actions Refer the media to the appropriate source of information in a

pleasant manner. Know all departmental regulations concerning the release of information.

Results Security is maintained, peace officers are protected, ongoing

operations are not interrupted and the case is not in danger of being tried unfairly.

COMMUNITY ISSUESFRIENDS

Considerations You are in constant contact with criminals, and

may take on their traits, language and mannerisms.

The public is aware of your activities, even when you are off duty.

Actions Associate with people outside law enforcement

work. Select friends and acquaintances with care.

COMMUNITY ISSUESFRIENDS CONT.

Results Helps you maintain a proper balance and

perspective, while avoiding isolation from the mainstream of society.

You will be known as a respectable person of good moral character.

ATTITUDES TOWARDS PEACE OFFICERS

A number of factors influence how different people view you as a peace officer. Be aware of these factors and respond in a positive manner. When interacting with the public, here is a good guide for peace officers to follow.


THE COMMUNITYThings to ConsiderCommunity attitudes toward the criminal justice system may be affected by many factors:

Socio-economic conditions Cultural make-up Past law enforcement/community relations Sensitive situations, such as rapes,

kidnappings, or hate crimes Media coverage


THE COMMUNITY CONT.Things To Do

Promote yourself in a positive light by getting involved in community activities such as athletic events.

Participate in or attend at festivals, cultural celebrations, ethnic arts shows or recitals.


SUSPECTS, VICTIMS, AND WITNESSESThings To ConsiderIndividuals may have an unrealistic opinion of you. Individuals base their opinion of peace officers on several factors:

Their past experience Their prejudices Peer influence Media Coverage Rumors


SUSPECTS, VICTIMS, AND WITNESSES CONT.

People involved in incidents may be in a highly emotional state. They may be fearful, angry, or mentally unstable.

These individuals can act in ways that are frustrating and sometimes dangerous.


SUSPECTS, VICTIMS, AND WITNESSES CONT.

Things To Do Treat people in a professional manner. Respond promptly and courteously to all calls. Don’t let a bad experience on one call affect

your judgment on another. Be sensitive to a victim’s needs and concerns. Control your emotions and temper. Consider your safety at all times when dealing

with individuals.


YOUR AGENCYThings To ConsiderThe policies and regulations of your department have many influences on how an employer perceives you:

The directions of legislative and elective groups The law, which changes frequently The Code of Ethics The community’s expectations The level of funding available


YOUR AGENCY CONT.Things To Do

Know and abide by departmental policy, regulations, and directions.

Enforce the law impartially. Conduct yourself according to the Code of Ethics on and

off duty. Be aware of directions given by legislative/elective

groups which influence your agency’s activities. Be aware of recent changes in the law which affect your

job.


YOUR PEERSThings To ConsiderYour peer’s attitudes toward you have several influences:

Your education and training Your use of interpersonal communications

skills Preconceived notions and stereotypes about

your job


YOUR PEERS CONT.Things To Do

Take advantage of training activities. Practice effective communication techniques.

LEARN ABOUT YOUR COMMUNITYYour knowledge of your community

influences your ability to perform effectively.

COMMUNITY GROUPSPeace officers work with many different groups of people, each with its own set of folkways and values. Although one can spend years learning how to interact effectively with the diverse people in our complex society, each group does have its own particular needs for law enforcement service.

Rather than think in terms of peace officers as “we” and other community groups as “they”, consider that your mission is to provide effective service to all members of your community.

EFFECTIVE COMMUNICATION WITH COMMUNITY GROUPS

To effectively communicate with different groups they must be identified by their cultural and socio-economic group characteristics.


IDENTIFYING CULTURAL AND SOCIO-ECONOMIC GROUP CHARACTERISTICS

Distinct cultural and socio-economic, or behavioral groups can be identified in the following ways:

Dress Language – speech patterns Physical appearance Values Family structure Customs Body language Reactions to stress


IDENTIFYING CULTURAL AND SOCIO-ECONOMIC GROUP CHARACTERISTICS CONT.

Eating styles and food preference Ways of dealing with common problems Traditions Physical or developmental disability Race Sex Age Ethnic origin Religion Sexual orientation

EFFECTIVE COMMUNICATION WITH COMMUNITY GROUPSINTERACTING WITH MEMBERS OF A GROUP

Once a different cultural or socio-economic group in your community has been identified, your communication should encompass the following:

Respect the differences within groups Be aware of special needs and customs regarding

community services.


INTERACTING WITH MEMBERS OF A GROUP CONT.

Consider your safety at all times when dealing with individuals

ExamplesSoutheast Asia has customs about who speaks in whose presence. Peace officers interacting with such a community group should honor the “chain of command” and speak to the senior person present.

A deaf person may not be able to communicate well without an interpreter present. An officer attempting to get a statement from such a person may need to request special assistance.


OVERCOMING BARRIERS TO COMMUNICATION

ProblemExisting attitudes of the community toward police officers may build barriers to communication.

Fear Dislike Distrust


OVERCOMING BARRIERS TO COMMUNICATION CONT.SolutionActions of peace officers can help to break down barriers to

Always treat people in a professional manner. Respond promptly to any calls Be courteous to all persons contacted Avoid pre-judging based on previous experience Don’t underestimate individuals based on appearance Maintain emotional self-control at all times

LEARNING ABOUT THE COMMUNITY

An informed officer will respond more appropriately in any given situation. Base your responses on your awareness of folkways or values of members of your community.


GROUP: RACIAL

Folkways or Values May be unaware of police services or may

distrust authority and tend to avoid police and solve own problems.

May be suspicious of other races and customs. May have specific customs defining

relationships and social contact.

LEARNING ABOUT THE COMMUNITYGROUP: RACIAL CONT.

How You Should Respond Be sensitive to racial differences and

customs. Be aware of histories of racial conflicts. Be aware of the possibility of violence resulting

form misunderstanding of social customs of others.


GROUP: ETHNICFolkways or Values

May be unaware of police services and may distrust persons of other nationalities.

May be suspicious of authority and community services due to differing civic, political, and social relationships or traditions.

May feel alienated due to language barriers.

LEARNING ABOUT THE COMMUNITYGROUP: ETHNIC CONT.

How You Should Respond Be aware of past ethnic histories and

relationships. Be sensitive to ethnic differences and pride. Appreciate difficulties of non-English speakers

and offer translators if available.


GROUP: MALES AND FEMALESFolkways or Values

May have strong reactions to treatment perceived as patronizing or condescending.

May feel hostility toward those of opposite sex particularly if they have been victimized by someone of the opposite sex.

May be hypersensitive about the safety and well-being of children.


GROUP: MALES AND FEMALES CONT.How You Should Respond

Develop a positive way to communicate with those of opposite sex.

Be aware of signs of violence committed against females, and know when to bring in a female officer or counselor.

Appreciate concerns about children and provide help and information about resources.


GROUP: SEXUAL ORIENTATION AND LIFESTYLES

Folkways or Values May feel misunderstood by the larger

community because of differing sexual preferences and lifestyles.

Tend to congregate for specific activities or at particular places which may increase vulnerability to crime.


GROUP: SEXUAL ORIENTATION AND LIFESTYLES CONT.

How You Should Respond Be aware that gay men, lesbians,

transvestites, and transsexuals have higher victimization rates than average.

Develop patrol patterns to minimize “gay bashing,” or other crimes against these groups.


GROUP: ECONOMIC STATUSFolkways or Values

The poor may have negative views of the criminal justice system based on past experiences with criminals and criminal behavior.

The poor may be ignorant of their rights and legal procedures. They may seek immediate, temporary gratification, not knowing their legal rights to other, more valuable or useful services.

The rich may seek more than their share of polices services.


GROUP: ECONOMIC STATUS CONT. How You Should Respond

Be aware that many poor become victims of crime since they live in areas which tend to have higher crime rates.

You may be the only source of legal information to the poor.

Provide equal protection and service to all economic classes.


GROUP: ELDERLYFolkways or Values

May be intolerant, suspicious of others, and feel neglected by the rest of society.

May retain attitudes and customs from earlier times.

May feel vulnerable and unable to exercise basic freedoms.


GROUP: ELDERLY CONT.How You Should Respond

Be aware of signs of abuse and neglect of senior citizens.

Have sympathy with the ways and habits of the elderly.

Assure them that their rights are being respected and enforced.


GROUP: YOUTHFolkways or Values

May challenge authority through actions and speech.

May be unaware or not accept the bounds of their capabilities.

May be unaware of criminal elements in society.

May distrust adults due to past or current abuse.

LEARNING ABOUT THE COMMUNITYGROUP: YOUTH CONT.

How You Should Respond Develop effective means to communicate with

minors. Be aware of potential dangers they might

cause to themselves or others. Develop vehicle and foot patrol patterns to

protect children in public places such as parks. Be aware of signs and conditions of child

abuse.


GROUP: PHYSICALLY DISABLEDFolkways or Values

May be very sensitive about their disabilities. May expect to fully participate.


GROUP: PHYSICALLY DISABLED CONT.How You Should Respond

Be aware of the disabled person’s need to be accepted as a person.

Enforce fully the laws designed to provide equal access to disabled persons, e.g. handicapped parking, ramps, and elevators.


GROUP: DEVELOPMENTALLY DISABLEDFolkways or Values

May display signs of disorientation in society, particularly if previously institutionalized.

May have attitudes and emotions similar to those of a young child exhibiting, for example, disruptive or bizarre behavior.

May distrust and be timid of others due to discrimination or abuse.


GROUP: DEVELOPMENTALLY DISABLED CONT.

How You Should Respond Be watchful of the actions of these people and

take extra safety precautions on their behalf. Appreciate the difficulties and characteristics

of these individuals. Be aware of signs of abuse and neglect of

these citizens.


GROUP: RELIGIOUSFolkways or Values

May feel misunderstood. Tend to congregate for religious services. May have strong reactions to government

interference.


GROUP: RELIGIOUS CONT.How You Should Respond

Develop a positive way to communicate with different religious groups.

Develop patrol patterns to minimize crimes against these groups.

Appreciate concerns about religious values, customs.


When interacting with the community, a peace officer must provide these to all cultural/socio-economical groups and individual members the following:

Patience, understanding and respect Professional law enforcement based on an

objective examination of facts Knowledge of available community resources Protection of all persons’ civil rights


SUMMARY: INTERACTING WITH THE COMMUNITY

Interacting With The PublicWhen interacting with the public, here is a good guide for peace officers.

Know your community groups Know your community attitudes toward law

enforcement Know the cultural customs or your different groups Know your departmental policies and guidelines Know yourself


SUMMARY: INTERACTING WITH THE COMMUNITY CONT.

Agency Policies Guide Officer Interactions

A peace officer’s actions while interacting with different cultural or socio-economic groups must be guided by their agency policies, procedures and regulations.

Abide by all agency guidelines Enforce the law impartially Be aware of current changes in the law Comply with the Law Enforcement Code of Ethics


GENERAL GUIDELINES Be patient with all persons. Be familiar with the resources

available to members of each of these groups.

Remember that persons may respond negatively to you because of past discriminations.

COMMUNICATIONS

INTERPERSONAL COMMUNICATION

Communication is the sending and receiving of messages, both verbal and non=verbal, between two or more persons.To communicate effectively, the message the sender gives should equal the message the receiver gets.Feedback is the receiver’s response to the message, which tells the sender whether the receiver has an accurate understanding of the message.As you communicate, be watchful for feedback that tells you how your message has been received.

COMMUNICATING AN ATTITUDE

FACTORS WHICH ELICIT A NEGATIVE RESPONSEOfficious and Oppressive Manner and Tone of VoiceAn oppressive manner is loud, intrusive, and overbearing.What does an oppressive manner do?

It discourages communication It discourages feedback It broadcasts an attitude of insecurity

You will never really be able to know all that is going on in a situation if your contacts resent your oppressive manner.


FACTORS WHICH ELICIT A NEGATIVE RESPONSE

Disrespectful AttitudeHow does a disrespectful attitude interfere with good communication?

It alienates the members of your community It conveys a lack of understanding and

sympathy It shows personal prejudice an cultural bias


FACTORS WHICH ELICIT A NEGATIVE RESPONSE

Negative Body LanguageNegative body language that indicates you are hostile to, or ignoring a person, can be a serious block to communication.What does negative body language do?

It makes a poor impression on all observers It may escalate a sensitive situation It may contradict what you are saying verbally


EXAMPLES OF NEGATIVE NON-LANGUAGE COMMUNICATION

Gestures Signalling “Stop!” with your hand Pointing at the person Glancing at your watch

Facial Expressions Sneering Frowning Poor eye contact


EXAMPLES OF NEGATIVE NON-LANGUAGE COMMUNICATION CONT.

Physical Expressions Clenching fists to the side to show anger Crossing arms across the chest as a form of

protection Shrugging shoulders

Tone of Voice Sarcastic, sneering Officious, overbearing

COMMUNICATION DIFFICULTIES

The first rule of effective communication is that the lines of communication must be clear of interference. How do you keep the lines of communication clear?

By conveying an attitude of self-confidence, professionalism and an understanding of the situation

By portraying a caring attitude By being attentive to what is being said, and how it

is being said. This also helps you maintain your own personal safety

By using language and vocabulary appropriate to the situation

Defenses

Documents

Transcript of Defenses