NCJ Number
64962
Journal
Judicature Volume: 57 Issue: 9 Dated: (APRIL 1974) Pages: 417-421
Date Published
1974
Length
5 pages
Annotation
A MONTANA JUDGE DESCRIBES HIS THOUGHTS AND EXPERIENCES RELATED TO TEACHING A CRIMINAL PROCEDURES COURSE TO POLICE OFFICERS.
Abstract
THE DECISION TO TEACH THE CRIMINAL PROCEDURES COURSE INVOLVED CONSIDERING WHETHER THIS WOULD COMPROMISE THE IMPARTIALITY OF THE JUDICIARY BY IMPLYING COLLABORATION WITH THE POLICE. THIS FACTOR, HOWEVER, WAS OVERRIDDEN BY THE BELIEF THAT POLICE OFFICERS NEED THAT SPECIAL INSTRUCTION IN LAWFUL CRIMINAL PROCEDURE THAT CAN BEST BE IMPARTED BY THE JUDICIARY. THE INITIAL TRAINING SESSIONS WERE MARKED BY EMOTIONAL ATTACKS BY THE OFFICERS UPON JUDICIAL DECISIONS, SUCH AS MIRANDA AND ESCOBEDO, WHICH WERE PERCEIVED AS BEING UNNECESSARILY CONFINING FOR POLICE IN PROVIDING SUFFICIENT EVIDENCE FOR CONVICTION OF THE GUILTY. A BASIC PURPOSE OF THE TRAINING WAS TO MAKE CLEAR TO THE STUDENTS THAT THE AMERICAN SYSTEM OF JURISPRUDENCE WAS NOT DESIGNED PRIMARILY TO PRODUCE A HIGH PERCENTAGE OF CONVICTIONS, BUT TO ENSURE THAT THE ADMINISTRATION OF LAW PROTECTS IMPORTANT RIGHTS OF INDIVIDUAL CITIZENS. JUDICIAL DECISIONS RELEVANT TO CRIMINAL PROCEDURE WERE EXAMINED IN DETAIL SO THE RATIONALE FOR THE POLICE BEHAVIOR REQUIRED BY EACH DECISION COULD BE UNDERSTOOD. THE COURSE IS BELIEVED TO HAVE INCREASED POLICE OFFICERS' AWARENESS OF THE IMPORTANCE OF FOLLOWING THE CRIMINAL PROCEDURE DICTATED BY JUDICIAL DECISIONS, WHILE INCREASING THE LIKELIHOOD OF CONVICTIONS FROM LEGALLY OBTAINED EVIDENCE. ONE OUTCOME OF THE FIRST COURSE WAS THE CREATION OF A CRIMINAL PROCEDURE HANDBOOK FOR MONTANA POLICE OFFICERS. (RCB)