Defenses

1. Defenses Charles L. Feer, JD, MPA Bakersfield College Criminal Justice

2. Defenses • Insanity • Statute of Limitations • Self Defense (Use of Force) • Entrapment • Immunity Against Self Incrimination • Diplomatic Immunity

3. 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.

4. Self Defense • Deadly force may not be used in defense of property only. • Instigator of aggressive behavior has no right to self-defense.

5. 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

6. Justice System Members Members 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

7. Justice System Members Corrections 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

8. Justice System Members Members 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

9. California Court System WESTEC/North Kern Training Center’s P.C. 832 Arrest and Firearms

10. California Court System The 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.

11. 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

12. California Court SystemTrial Courts 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.

13. California Court SystemTrial 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

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

15. California Court SystemAppellate 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

16. California Court SystemAppellate Courts 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.

17. California Court SystemAppellate Courts The State Supreme Court: • Handles appeals from the District Court of Appeal • Automatically accepts death sentence appeals from Superior Courts

18. Judicial Process Misdemeanor Prosecution Court of Jurisdiction • Municipal Violation • Misdemeanor

19. Judicial Process Misdemeanor 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

20. Judicial Process Felony Prosecution Via “True Bill” Indictment Court of Jurisdiction • Superior Grand 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.

21. Judicial Process Felony Prosecution Via Arrest Court of Jurisdiction • Superior Arraignment 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

22. Judicial Process Felony Prosecution Via 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.

23. Judicial Process Felony Prosecution Via Arrest Preliminary 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.

24. Judicial Process Felony Prosecution Via Arrest The judge may do one of three things at a preliminary hearing: • Dismiss some or all the charges • Hold the defendant for trial in the Superior Court • Reduce the charges from a felony to a misdemeanor

25. Judicial Process Felony Prosecution Via 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.

26. Judicial Process Felony Prosecution 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 `

27. Knowing Your Community WESTEC/North Kern Training Center’s P.C. 832 Arrest and Firearms

28. 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.

29. 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.

30. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE MAINTAIN ORDER Actions 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.

31. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE 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

32. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE 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

33. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE 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

34. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE 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

35. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE 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

36. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE ENFORCE THE LAW Ensure 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

37. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE 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

38. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE 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

39. PEACE OFFICER’S ROLES IN COMMUNITY SERVICE 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

40. 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.

41. 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.

42. COMMUNITY ISSUES FAMILY 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.

43. COMMUNITY ISSUES FAMILY 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.

44. COMMUNITY ISSUES SCHOOLS 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.

45. COMMUNITY ISSUES MEDIA 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.

46. COMMUNITY ISSUES FRIENDS 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.

47. COMMUNITY ISSUES FRIENDS 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.

48. 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.

49. ATTITUDES TOWARDS PEACE OFFICERS THE COMMUNITY Things to Consider Community 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

50. ATTITUDES TOWARDS PEACE OFFICERS 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.