Unit 3 Lesson Plan--Constitutional Rights
UNIT 3.0 LESSON PLAN
CODES, STATUTES, AND OTHER LEGAL DOCUMENTS
Module 3.1
Legal Foundations of Incarceration
1:00
J.K. Test #2
5 Test Items
UNIT OUTLINE AND PRESENTATION: NOTES:
PERFORMANCE OBJECTIVE: Identify the primary legal references
3.1.1 and sources that impact the work 4 test items
of a corrections officer. For example:
. Code Statutes,
. Case Law
. Regulations
1. Discuss with class why it is necessary to know what legal
requirements govern their duties and how to access them.
A. Historically first criminal laws came into being as a
result of society's struggle to control those persons
whose antisocial activity was destructive of a desirable
environment in which people wanted to live.
B. Criminal law is an instrument of social activity.
C. Without laws, criminal or civil, we would have no
protection from the predatory whims of others.
D. First laws found in examples like the Code of Hammurabi,
written by King Hammurabi of Babylonian in about 2100 B.C.
Common Law, which consists of doctrines that are not set
down in any written statute or ordinance, but depend,
rather upon long-time usage for their authority, is not
recognized in California.
2. Review definitions of Ask class to give
their own
definitions
A. Code--Systematic statement of a body of law Flipchart
or a system of principles or rules. Defines crimes, prescribes
methods and degrees of punishment.
b. Statute--laws made by the legislature. Penal Code, Civil Code,
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Etc. Sine they are passed by legislature they are usually in
response to societal needs. Ask Class of Example
c. Case Law--laws made by court decisions. Bell v Wolfish,
Wolff v. McDonnell, Miranda.
3. California has over 60 types of codes
4. Discuss with class what other sources of law will Complete exercise in
impact their duties. manuals regarding
state laws and
agency A. U.S. and State Constitution rules.
B. Bill of Rights--contained within first 10 amendments for constitution.
C. Federal and State Laws
D. Local Laws (Ordinances)
E. Federal and State Court Decisions
F. Agency Policy and Procedure
G. Discuss with class impacts of their daily performance
because of policy and procedures.
H. Review ramifications for failure to follow policy and
procedures.
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Module 3.2
Reference Use Of The Codes
1:00
J.K. Test #1
Written Skills Test #1
4 Test Items
UNIT OUTLINE AND PRESENTATION: NOTES:
PERFORMANCE OBJECTIVE: Given a scenario of criminal violation,
3.2.1 use the Penal Code to find the specific 2 test items
code reference.
1. Discuss why officers would need to reference Worksheet in
Codes student manual
A. Classification issues
B. Officer Safety
C. Facility Security
D. Ability to answer questions from inmates,
the public, professionals in CJ system
E. Completion of reports
F. Courtroom testimony
Review worksheet with class. Stress importance
of knowing how to access the various code
books for information.
PERFORMANCE OBJECTIVE: Given a specific Code Violation, identify
3.2.2 the elements, classification, and penalties Written Skills Test
of that violation using the relevant Code #1
for reference.
1. Codes typically used by law enforcement officers contain 3
sections. Depending on your agency and the requirements
for completing crime investigations, reports, etc. will
determine how much you use certain criminal code violations,
Officers need to be familiar with the 3 sections of a code to
determine if a crime has in fact been committed and what
kind of crime it is.
A. Element--what criteria must be present for the crime to have
been committed. The essential elements of a crime are also
now as Corpus Delicti or in other words the "body of the crime".
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UNIT OUTLINE AND PRESENTATION: NOTES:
B. Classification--identifies what type of crime has been committed,
felony, misdemeanor, infraction.
If a crime provides for an alternate sentence punishable as
a felony by imprisonment in the state prison or as a
misdemeanor by fine or by imprisonment in the county jail,
it is considered a felony until otherwise designated by the courts.
These sections are typically called Wobblers or Hybrids
C. Penalty--affixed to each crime according to its classification
and as prescribe in each code section, Various penal code
sections define the types of punishment that can be imposed
on various felonies and misdemeanors.
2. Have class complete worksheet in manual and review. Student
Complete written skills tests #1.
manual
PERFORMANCE OBJECTIVE: Given a reference to a specific misdemeanor
3.2.3 indicate whether or not the person who 2 test items
committed the offense can be held in
custody using P.C. 853.6 for reference.
1. Discuss with class the purpose of citations, legal authority,
exceptions.
A. Several California codes authorize the issuance of a
citation in lieu of taking an arrestee into custody or
after booking holding them in a jail facility.
B. Some code sections require that a citation be issued, most
traffic violations and violations of the Alcohol Beverage Act.
C. The citation is a form directing the defendant to appear at
a specified time and place to answer a specific charge in a
court of competent jurisdiction.
D. P.C. 853.6(a) provides that when a person is arrested for ANY
misdemeanor offense and does not ask to be taken before
a magistrate, the arresting officer or the booking officer may,
instead of taking the person before a magistrate, receive from
him his written promise to appear in court.
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UNIT OUTLINE AND PRESENTATION: NOTES:
E. The written notice to appear may be used for
F. The notice to appear must contain
G. Most counties now have court orders affecting population
which overrides the context of who can be issued citations.
BE FAMILIAR WITH YOUR OWN AGENCIES POLICIES.
2. Miscellaneous Citation Provisions--P.C. 853.6
A. Court dates shall be at least 10 days after the arrest 853.6b
B. Specifies the court for which the person must appear. 853.6c
C. Provides that the arrestee shall be given a copy of the notice
to appear (citation). 853.6d
D. Provides that the officer shall file the duplicate notice to appear
with the court or prosecuting attorney. 853.6e
E. States that no warrant shall issue on the charge for the arrest
of a person who has given written promise to appear unless he/she
fails to appear. 853.6f
F. Provides that a police officer may use the written notice to appear
for any misdemeanor offense under P.C. 836 or P.C. 837 (citizen's
arrest). 853.6h
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UNIT OUTLINE AND PRESENTATION: NOTES:
3. Reasons for Non-Release--P.C. 853.6(i) FLIPCHART
This subsection provides that whenever any person is
arrested by a peace officer for a misdemeanor and is not
released with a written notice to appear in court according to
this chapter the arresting officer shall indicate on a form,
provided by his agency, which of the following was a reason for
the non-release:
A. Too intoxicated a danger to himself or others.
B. Person arrested needs medical examination or
medical care orwas unable to care for own safety.
C. Arrested for one or more offenses listed in
CVC 40302 and 40303 (no ID, failure to sign cite)
D. One or more outstanding arrest warrants.
E. No positive identification.
F. Prosecution for the offense committed may be
jeopardized if the person released.
G. Demanded to be taken before a magistrate or
refused to sign the citation.
H. Likely to resume criminal activity.
An officer must specifically document why he did not release a person via
citation.
4. CVC 40500
A. Provides for the issuance of a citation in triplicate with
generally the same requirements as criminal offenses.
Exceptions are where a mandatory appearance by
the arrestee is necessary by law such as:
UNIT OUTLINE AND PRESENTATION: NOTES:
5. Have students review case studies provided in manual COMPLETE
to determine if the individual described can be released WORKSHEET IN
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in accordance with P.C. 853.6 their answer should include MANUAL
what information they based their decision on.
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Module 3.3
CONSTITUTIONAL RIGHTS, CIVIL RIGHTS, AND CASE LAW
2:00
J.K. Test #1
9 Test Items
UNIT OUTLINE AND PRESENTATION: NOTES:
PERFORMANCE OBJECTIVE: Identify the reasons for the importance of
3.3.1 Minimum Jail Standards (Title 15) to the 2 Test Items
work of the Corrections Officer.
1. Discuss what a standard is.
A. Guidelines for Jail Administrators
B. Something set up as a rule for a measuring
or as a model to be followed.
C. Established by law or custom.
D. Substantially uniform and well established
2. The California State Board of Corrections was established in 1946 to develop
standards for prisons and jails. Penal Code Section 6024 and 6025 established
the existence of the Board and section 6030 gives them the authority to establish
the standards. In part the section says:
A. Standards to be reviewed biennially and make any appropriate
revisions. (a period of every two years)
B. Standards shall include but not be limited to the following:
C. Requires at least one person on duty at the facility is
knowledgeable in the area of fire and life safety procedures.
D. Specifies which professionals the Board shall contact in order to
establish the standards.
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UNIT OUTLINE AND PRESENTATION: NOTES:
3. Discuss the purpose of Standards.
A. Serve as guidelines and ARE NOT LAW. However one specific
standard can become law if legislation is passed or case law dictates.
B. Standards are important because they:
4. Unless a governmental body formally adopts, or court orders a facility
to implement a standard, compliance is voluntary.
5. National Standards
A. Adopted by national organizations over the years.
B. U.S. Supreme Court has consistently held that standards do
not constitute law, however they can have the effect of law once
adopted by an agency or state as part of their policy and procedure.
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UNIT OUTLINE AND PRESENTATION: NOTES:
PERFORMANCE OBJECTIVE: Given verbal or visual descriptions of situations
3.3.2 relevant to inmate housing or care (e.g. privacy, 4 test items
feeding), identify instances of mistreatment using
Title 15 and case law for reference.
1. Providing for the health safety and welfare of inmates is one of the
primary responsibilities for a correctional officer.
A. Liability issues should always be one of your
greatest concerns.
B. The increase of law suits filed by inmates and/or families
has a profound implication for each individual officers as
well as the employing agency.
C. The law has two parts that are looked at with regards to mistreatment.
D. A single act may both a crime and a tort. Transparency
e. Discuss “due process”
F. Discuss deliberate indifference (Farmer v. Brennan)
2. Discuss the types of lawsuits inmates may file at the civil level
against correctional officers/agencies.
A. Tort Suits
B. Civil Rights Actions
C. Writs of Habeas Corpus
3. Tort Suits--Levels of Negligence Transparency
A. Simple Negligence--Failure to use such care as a
REASONABLE and PRUDENT person would use
under the circumstances.
Example--Closing a cell door on an inmates hand because
the officer wasn't paying attention to what they were doing.
Losing property out of a torn property bag because the officer
believed they were too busy.
B. Gross Negligence--Aggravated form of negligence where wrong
doer acts with RECKLESS disregard for the probable consequences
of his actions.
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Example--Playing games to see how close he can get to closing
the inmate's hand in door and one day misses and gets the inmate's
hand.
C. Intentional Action--Person WILLFULLY engages in an act where
the chance that harm will result is so great that they must BE
AWARE that harm will occur.
Example--Shuts door on inmate's hand on purpose.
Hitting an inmate who is handcuffed and no longer combative.
D. Winning tort suits require proof. In order to prove the plaintiff must
show that a duty was breached and that the breach of duty caused
the injury.
DUTY-----------------------BREACH-------------------------INJURY
4. Damages awarded by the court for negligence. TRANSPARENCY
A. Injunctive Relief--Court orders you not to do something, allow over-
crowding, double bunking, floor sleepers, etc.--Usually no monetary
reward.
B. Declaratory Relief--Court issues judgement but no specific action
or damage. Declares rights of the party.
C. Compensatory Damages--Money awards for wrongdoing.
D. Punitive Damage--Money award found against individual officers. Not
paid by agency, must be paid by individual.
5. Civil Rights Actions/1983 suits
A. Violations of the United States or federal codes.
B. Commonly referred to as "1983" lawsuits.
C. Based on violations of Civil Rights Act of 1871 found in Title 42,
U.S.C. Section 1893. Originated as a reaction to the activities
of the Klu Klux Klan and the in action and or powerlessness of
the states to control their activities.
D. Second in numbers filed to writs of habeas corpus in the Federal
Courts.
E. Originally passed to protect civil rights--must show that the condition
constitutes cruel and unusual punishment.
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F. Very common now because of the ability to obtain attorney fees.
G. Can file in Federal or State court, but usually federal.
H. Must show that the officer went beyond the scope of their authority.
I. Officer must be acting UNDER COLOR OF AUTHORITY.
J. Pertains to U.S. citizens or any other person within it's jurisdictions.
K. Differs from issues of constitutional rights but may be the basis for
suits relating to:
L. Court may grant immunity from liability if the officer used
good faith in fulfilling responsibility and within the bounds of
reason.
6. Writs of Habeas Corpus
A. Largest number of lawsuits filed by inmates.
B. Filed to seek release from custody or a new trial, based on
conditions of confinement.
C. When an inmate alleges sufficient facts to warrant a court
proceeding to determine whether or not they're being held
legally, the court will issue a writ of habeas corpus directing
the sheriff or warden to produce the inmate in court at a
particular time.
7. What steps can you take to prevent personal liability?
A. Follow written policy and procedure--avoid shortcuts
B. When in doubt seek clarification.
C. Review rules procedures, post orders.
D. Be sure those you supervise know what is expected of them and
that they understand pertinent rules, procedures, and post orders.
E. Maintain good records.
F. Report all unusual occurrences.
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G. Take prompt corrective action if P&P not followed.
H. Be honest.
8. What legal immunities do you have?
A. If law is not clearly established.
B. Law not known or could not reasonable be known.
C. Unaware that your actions or inactions might result in
constitutional violations.
9. Discuss mistreatment and what can be considered mistreatment. COMPLETE
Have students complete exercises in manual describing the type WORKSHEET IN
of mistreat found, levels of negligence, and identifying violations of MANUAL
laws, Title 15, and their own agencies policy and procedure.
PERFORMANCE OBJECTIVE: Identify legal issues inherent in the handling 33% time frame
3.3.3 of a crime that has been committed inside of 3 test items
a detention facility, and list the applicable
penal code sections and the legal rights
of any involved inmates.
1. Discuss with class legal issues that may evolve because of
a crime committed in the detention facility.
A. Cause of crime
2. Conducting proper investigation
A. Maintaining proper crime scene
B. Chain of evidence
C. Separation of victims/suspects
D. Interviewing inmates--numbers vs. physical plant and
manpower
3. Discipline issues versus criminal actions
A. May impose discipline within agency policy and procedure
even if criminal charges have been placed.
B. Notice to inmate of charges filed
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C. Miranda issues
Module 3.4
Legal Issues Regarding Confidentiality And Accessing Records
4 hours
J.K. Test #1
8 Test Items
UNIT OUTLINE AND PRESENTATION: NOTES:
3.4.1.
2 Test Items
PERFORMANCE OBJECTIVE: Identify the sources of mandates on
confidentiality, including:
C. O. R. I. (Criminal Offenders Record
Information).
Probation and sentencing reports.
State mandates regarding destruction
of public records.
State department of Justice information
sources.
P. C. 502
1. C. O. R. I. – Criminal Offenders Record Information.
A. It is a summary of information relating to arrests, pretrial proceedings,
sentencing information, incarcerations, parole and probation.
B. California Department of Justice maintains C. O. R. I. Information.
C. Law Enforcement refers to this information as a “rap sheet”.
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2. Probation sentencing reports.
A. P. C. 1203.05 -
3. State mandates regarding destruction of public records.
A. In a manner that the identity is no longer legible. Shredding, burning and
recycling is acceptable. Automated information can be deleted from a
computer system.
4. State Department of Justice information sources.
5. P. C. 502 – Anyone who knowingly tampers with, interferes with, damages
or accesses information in an unauthorized manner from a computer information
system.
A. Crime classification – Felony.
B. Actions that can occur against you if you violate this section:
UNIT OUTLINE AND PRESENTATION: NOTES:
3.4.2.
2 Test Items
PERFORMANCE OBJECTIVE: Identify the statewide information systems
directly accessible to California law enforcement
agencies, including CLETS, CJIS, NCIC, NLETS.
1. CLETS
A. California Law Enforcement Telecommunication System.
B. Message switching computer providing data circuits to one point
in each county to another.
C. Managed by the Department of Justice.
2. CJIS
A. California Justice Information System.
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B. Gained through CLETS.
C. Contains several information systems.
3. NCIC
A. National Crime Information Center
4. NLETS
A. National Law Enforcement Telecommunications System
3.4.3.
2 Test Items
PERFORMANCE OBJECTIVE: Identify the procedures for making inquiry into
law enforcement information systems and cross
referencing the information obtained within
these systems for:
Wants and warrants
Stolen property (including vehicles/firearms.
Criminal histories
DMV information
Other
1. An officer who obtained an apparent computer match to an inquiry regarding a Video
person or property is responsible for verifying and confirming the information
according to DOJ requirements. The requirements are:
A. Efforts were made to verify the information and match, such as, DOB,
physical description, etc.
B. The officer ensured that confirmation occurred with the originating agency
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to verify the person or property is still wanted.
C. That the confirmation occurred before an arrest or before confiscation of
Property in response to the computer match.
2. Confirmation is checking with the originating agency and determining that the
person or property is still wanted by the agency and is probably the same
person or property of inquiry.
A. An officer can be held negligent for not accurately determining the facts.
3. Wants and Warrant inquires.
A. Persons: Alive, dead, or parts (identified or unidentified).
B. Misdemeanor or felony warrants.
C. Temporary wants – 48 to 72 hours.
D. Retention periods.
4. Stolen Vehicle System (SVS)
A. Wanted persons vehicles.
B. Missing person’s vehicles.
5. Automated Property System (APS)
A. Any item that is serialized and then stolen, lost, found, held for evidence,
under observation or pawned, and bearing either manufacture’s and/or
owner applied numbers.
B. Accessible via CJIS.
6. Automated Firearms Systems (AFS)
A. Historical records:
7. Master Name Index
A. Contains records for all subjects on file in the Bureau of Criminal Identifications
criminal history files.
1. Automated Criminal History (ACHS)
8. DMV records
A. access and retrieval of vehicle registration and driver’s license records.
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9. Other
3.4.4.
2 Test Items
PERFORMANCE OBJECTIVE: Identify the state laws and policies that pertain to
verifying and disseminating telecommunication
information including:
P. C. 11075(b) – Criminal offender record information shall be restricted to that which
is recorded as the result of an arrest, detention, or other initiation of
criminal proceedings or of any consequent proceedings related thereto.
P. C. 11142 – Any person authorized by law to receive a record or information obtained
from a record to a person who is not authorized by law to receive the
record or information is guilty of a misdemeanor.
P. C. 11143 – Any person, except those specifically referred to in Section 1070 of the
Evidence Code, who, knowing he is not authorized by law to receive,
a record or information obtained from a record, knowingly buys, receives,
or possesses the record or information is guilty of a misdemeanor.
P. C. 13302 – Any employee of the local criminal justice agency who knowingly furnishes
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a record or information obtained from a record to a person who is not
authorized by law to receive the record or information is guilty of a
misdemeanor.
P. C. 13303 – Any person authorized by law to receive a record or information obtained
from a record who knowingly furnishes the record or information to a
person who is not authorized by law to receive the record or information
is guilty of a misdemeanor.
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