You have been working for a municipal police department for the past six months. You are assigned to the afternoon shift and have successfully completed your field training period. It is your first day of solo patrol.
At 4:00 p.m., you are dispatched to a local bar off Main Street for a disturbance. The bartender, Cassandra Smith, reported there was an intoxicated male inside the bar who refused to pay his tab. The male also refused to leave the bar. Upon arrival, a police lieutenant, Lt. Thompson, with 31-years experience, also arrives to assist. Lt. Thompson is a military veteran with a short temper. Your body-worn camera (BWC) records the interaction.
Inside the bar, you encounter the intoxicated male and identify him as Scott Simpson. Scott, 23-years old, is clearly intoxicated, but you use effective communications skills to convince him to speak with you outside the bar. Cassandra follows you and Scott outside and Lt. Thompson is also present. All four of you are now in the alley standing alongside your squad cars.
While you attempt to speak with Cassandra and get her side of the story, Scott yells at Cassandra and use profane and insulting language about her. Lt. Thompson yells at Scott, “You will not talk to a woman that way!” At the same time, Lt. Thompson grabs Scott by the back of the head, slams his face onto a squad car hood, spins him 180-degrees, and then shoves him, face first, into the adjacent concrete wall. Blood begins to pour out of Scott’s nose and Lt. Thompson orders, “Arrest this man!”
Outside of Scott’s abusive and profane language, he was not violent or resistive. You recognize the force being used by Lt. Thompson is excessive.
Consider what you would do in this scenario.
The use-of-force incident outside the bar was investigated by the internal affairs division and referred to the district attorney for prosecution. The district attorney’s office drafts a criminal complaint against Lt. Thompson charging him with felony battery and misconduct in public office, also a felony. Like any criminal defendant, Lt. Thompson will be afforded due process as the case progresses through the criminal court system.
Task
This task requires you to create a Power Point (PPT) presentation that explores the following content:
List each step of the criminal court process that Lt. Thompson would be exposed to in your state.
Discuss what occurs at each step in the court process. For example, during a preliminary hearing the judge determines if probable cause exists to believe Lt. Thompson committed a felony. If a finding of probable cause is made the case proceeds to trial.
Identify the potential consequences of Lt. Thompson’s behavior.
Discuss what you would do if you were the officer in the scenario who witnessed Lt. Thompson’s behavior. What are your legal and ethical obligations?
Example Layout:
List each step of the criminal court process that Lt. Thompson would be exposed to in your state.
Slide 1 – Bullet list of the steps of the criminal court process in your state (e.g., arrest, initial appearance, preliminary hearing, arraignment, motion hearing, trial.
Discuss what occurs at each step in the court process. For example, during a preliminary hearing the judge determines if probable cause exists to believe Lt. Thompson committed a felony. If a finding of probable cause is made the case proceeds to trial.
Slide 2 – Step 1 (e.g., arrest)
Slide 3 – Step 2 (e.g., initial appearance)
Slide 4 – Step 3 (e.g., preliminary hearing)
Slide 5 -Step 4 (e.g., arraignment)
Slide 6 – Step 5 (e.g., motion hearing)
Slide 7 – Step 6 (e.g., trial)
Identify the potential consequences of Lt. Thompson’s behavior.
Slide 8 – Potential Consequences (e.g., termination, civil liability, criminal liability, etc.)
Discuss what you would do if you were the officer in the scenario who witnessed Lt. Thompson’s behavior. What are your legal and ethical obligations?
Slide 9 – Responding to Lt. Thompson’s Use of Force
Requirements for Grading:
Your presentation must include the following or you will score a 0% and be asked to resubmit.
Number of Slides: Maximum of 12 slides
Time limit: No more than ten minutes
You must show yourself in the video side-by-side with your presentation as you go through it.
You have been working for a municipal police department for the past six months
**Slide 1: Steps of the Criminal Court Process in [State Name]**
– Arrest
– Initial Appearance
– Preliminary Hearing
– Arraignment
– Motion Hearing
– Trial
**Slide 2: Arrest**
– Lt. Thompson is arrested based on the criminal complaint filed against him.
– He is taken into custody by law enforcement officers.
**Slide 3: Initial Appearance**
– Lt. Thompson appears before a judge within a short period after arrest (usually 48 hours).
– The judge informs him of the charges against him, advises him of his rights, and appoints an attorney if necessary.
**Slide 4: Preliminary Hearing**
– A preliminary hearing is conducted to determine if there is probable cause to believe Lt. Thompson committed the charged offenses.
– Prosecution presents evidence, and Lt. Thompson’s attorney may cross-examine witnesses.
– If probable cause is found, the case proceeds to trial.
**Slide 5: Arraignment**
– Lt. Thompson enters a plea (guilty, not guilty, or no contest) at the arraignment.
– If he pleads not guilty, a trial date is set.
– Lt. Thompson may also negotiate a plea bargain with the prosecution at this stage.
**Slide 6: Motion Hearing**
– Lt. Thompson’s attorney may file various motions, such as a motion to suppress evidence or dismiss the case.
– The judge hears arguments from both sides and issues rulings on these motions.
**Slide 7: Trial**
– The trial is conducted where evidence is presented, and witnesses testify.
– The prosecution and defense make opening and closing statements.
– The jury deliberates and reaches a verdict.
**Slide 8: Potential Consequences of Lt. Thompson’s Behavior**
– Termination from employment with the police department
– Civil liability: Scott Simpson may file a civil lawsuit against Lt. Thompson for damages related to excessive use of force.
– Criminal liability: Lt. Thompson faces criminal charges of felony battery and misconduct in public office.
**Slide 9: Responding to Lt. Thompson’s Use of Force**
– As the witnessing officer, I have a legal and ethical obligation to report Lt. Thompson’s behavior.
– I would immediately document the incident in my report and notify my supervisor.
– I may be required to testify in any internal affairs investigation or criminal proceedings against Lt. Thompson.
– It’s important to uphold the law and ensure accountability, even when it involves fellow officers.
By following the steps of the criminal court process and fulfilling my legal and ethical obligations, I contribute to upholding justice and maintaining public trust in law enforcement.
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